HomeMy WebLinkAbout2008-03-18 MinutesMayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
ARKANSAS
City of Fayetteville Arkansas
City Council Meeting Minutes
March 18, 2008
City Council Meeting Minutes
March 18, 2008
Page l of 19
Aldermen
Ward I Position I — Adella Gray
Ward I Position 2
— Brenda Thiel
Ward 2 Position 1
— Kyle B. Cook
Ward 2 Position 2
— Nancy Allen
Ward 3 Position l
— Robert K. Rhoads
Ward 3 Position 2
— Robert Ferrell
Ward 4 Position I
— Shirley Lucas
Ward 4 Position 2
— Lioneld Jordan
A meeting of the Fayetteville City Council was held on March 18, 2008 at 6:00 PM in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor
Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Deputy City Clerk Amber
Wood, Staff, Press, and Audience
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
This is the first live web streaming meeting exercise we are going through and Amber Wood,
Deputy City Clerk is working with the company that is live web streaming.
Presentations, Reports and Discussion Items:
Sustainability Report: John Coleman, Sustainability Coordinator gave an update on the
sustainability efforts of the city. He stated the utility costs are down from last year, but this is
not a trend because more data needs to be collected. He has set up a sustainability team that is
made up of City employees.
Alderman Thiel thanked John for his service and the work that he has done for the
Environmental Concerns Committee.
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Nominating Committee Report: Alderman Cook presented the Nominating Committee
Report. A copy of the report is attached.
Alderman Ferrell moved to approve the Nominating Committee Report. Alderman
Thiel seconded the motion. Upon roll call the motion passed unanimously.
Aizenda Additions: None
Consent:
Approval of the March 04, 2008 City Council meeting minutes.
Approved
Landers Ford State Vehicle Purchase: A resolution approving the purchase of two (2)
compact extended cab 2X4 pickup trucks from Landers Ford through the state vehicle purchase
contract in the amount of $23,784.00 for use by the Meter Division.
Resolution 52-08 as Recorded in the office of the City Clerk.
Bid # 08-17 Truck Centers of Arkansas: A resolution awarding Bid # 08-17 and approving the
purchase of two (2) tandem axle dump trucks from Truck Centers of Arkansas in the amount of
$200,050.00 for use by the Water & Sewer Division.
Resolution 53-08 as Recorded in the office of the City Clerk.
Bid # 08-18 Truck Centers of Arkansas: A resolution awarding Bid # 08-18 and approving the
purchase of two (2) tandem axle dump trucks with auxiliary hydraulics from Truck Centers of
Arkansas in the amount of $210,960.00 for use by the Transportation Division.
Resolution 54-08 as Recorded in the office of the City Clerk.
Bid # 08-19 Truck Centers of Arkansas: A resolution awarding Bid # 08-19 and approving the
purchase of one (1) tri -axle dump truck from Truck Centers of Arkansas in the amount of
$106,259.00 for use by the Transportation Division.
Resolution 55-08 as Recorded in the office of the City Clerk.
Bid # 08-20 Truck Centers of Arkansas: A resolution awarding Bid # 08-20 and approving
the purchase of three (3) recycle trucks from Truck Centers of Arkansas in the amount of
$471,873.00 for use by the Solid Waste & Recycling Division.
Resolution 56-08 as Recorded in the office of the City Clerk.
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Bid # 08-21 Downing Sales and Service: A resolution awarding Bid # 08-21 and approving the
purchase of one (1) drop box truck from Downing Sales and Service in the amount of
$158,735.00 for use by the Solid Waste & Recycling Division; and approving a budget
adjustment in the amount of $1,805.00.
Resolution 57-08 as Recorded in the office of the City Clerk.
Bid # 08-22 Truck Centers of Arkansas: A resolution awarding Bid # 08-22 and approving the
purchase of one (1) container carrier truck from Truck Centers of Arkansas in the amount of
$76,423.00 for use by the Solid Waste & Recycling Division.
Resolution 58-08 as Recorded in the office of the City Clerk.
Bid # 08-23 Scruggs Equipment Company: A resolution awarding Bid # 08-23 and approving
the purchase of one (1) knuckleboom truck from Scruggs Equipment Company of Memphis in
the amount of $90,332.00 for use by the Solid Waste & Recycling Division.
Resolution 59-08 as Recorded in the office of the City Clerk.
Bid # 08-26 Golden Circle Ford: A resolution awarding Bid # 08-26 and approving the
purchase of one (1) crew cab dump truck from Golden Circle Ford of Jackson, Tennessee in the
amount of $46,504.00 for use by the Transportation Division.
Resolution 60-08 as Recorded in the office of the City Clerk.
Bid # 08-27 Longo Toyota: A resolution awarding Bid # 08-27 and approving the purchase of
two (2) compact hybrid sedans from Longo Toyota of Los Angeles, California in the amount of
$44,360.00 for assignment to the rental pool.
Resolution 61-08 as Recorded in the office of the City Clerk.
West Side Wastewater Treatment Plant Deed Restriction: A resolution approving a deed
restriction covenant for the West Side Wastewater Treatment Plant Outfall Site as required by
the U.S. Army Corps of Engineers Section 404 Nationwide Permit Number 14207-1.
Resolution 62-08 as Recorded in the office of the City Clerk.
Arkansas Western Gas Company Agreement: A resolution approving an agreement with
Arkansas Western Gas Company in the amount of $397,000.00 for relocation of gas lines and
appurtenances to allow construction of improvements to Mount Comfort Road.
Resolution 63-08 as Recorded in the office of the City Clerk.
Arkansas Highway and Transportation Department Agreement: A resolution approving
preparation and execution of an agreement with the Arkansas Highway and Transportation
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Department for the city to take over maintenance of Shiloh Drive between Garland Avenue and
Mount Comfort Road.
Resolution 64-08 as Recorded in the office of the City Clerk.
Peace at Home Shelter Building Permit Fee: A resolution to waive the building permit fee
and other developmental fees for the construction of the Peace at Home Family Shelter.
Resolution 65-08 as Recorded in the office of the City Clerk.
2008 Assistance To Firefighters Grant: A resolution authorizing the Fayetteville Fire
Department to apply for a Department of Homeland Security 2008 Assistance to Firefighters
Grant in the amount of $300,000.00 to replace self-contained breathing apparatus (SCBA) and a
SCBA Mobile Cascade system.
Resolution 66-08 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 motion passed unanimously.
Alderman Allen: This is an enormous number of trucks and a lot of money. Were they all
bought at the same time and so they are all going out of commission at the same time? Why is
there such a large number?
l
David Bragg, Fleet Operations Superintendent: This is really not an unusual amount of
equipment for what we do every year. This year we have just gone about it a little differently.
We are doing all the acquisitions in the first half of the year. Our budget is up a little over
previous years. It is a cyclical thing where we go on an eight to ten year service life. Some
years we have more equipment that comes due than other years. The money is accumulated into
the fleet fund on an even basis so that money will be available in the fleet fund when the vehicle
is due for replacement. There is another fairly large group of vehicles coming up for approval
next month but that is essentially the end of the acquisitions for this year. We have a fleet with a
value of over $25 million. We have to spend $1.5 million to $2.5 million every year just to stay
even.
Mayor Coody: To replace old equipment as it phases out.
David Bragg: Yes.
Alderman Ferrell: There were some vehicles that the equipment committee did not approve. If
you are flush in money then you can afford a great fleet, if you are not you can't.
Unfinished Business:
Hirinp, Freeze:
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Hiring Freeze Appeals: A resolution to approve the hiring of replacement employees
Animal Services — One Animal Services Officer and One Animal Services Caregiver
Jim Hatfield, Animal Services Superintendent: The caregiver position was created when we
promoted from within. We promoted one of the caregivers to the vet assistant position. By
promoting from within we have opened another position. We have an officer position also. By
continuing this position it will save us overtime on call pay for two senior officers when we look
at overtime emergency on call pay.
Alderman Lucas: Do they not get paid overtime and on call pay when they are called at night.
The other officers could not cover that?
Jim Hatfield: Yes but the two senior officers are paid more. There are two other officers and
they are paid about mid level.
Mayor Coody: You could cover this slot but it would be more stressful for the staff and you
would be using more expensive people at a higher overtime rate to cover for this entry level
position.
Jim Hatfield: Correct.
Alderman Ferrell: These are replacement positions correct?
Jim Hatfield: Absolutely.
Mayor Coody: We aren't bringing new positions forward.
Alderman Lucas: Is this an increase to a full time position?
Jim Hatfield: We have the caregiver slot that is open; we have a part time person that is trying
to cover that position.
Alderman Thiel moved to approve the Animal Services Officer and the Animal Services
Caregiver position. Alderman Gray seconded the motion. Upon roll call the motion passed
unanimously.
One Animal Services Officer Approved
One Animal Services Caregiver — Approved
Human Resources — Administrative Assistant
Missy Leflar, Human Resources Division Manager: I am losing 20% of my work force which is
one person. We did have five full time positions and one part time position. This past
November my division voluntary cut the part time position in an effort to help the City with
budget cuts. If we lose this position we can not keep the balls juggling in the air. Each of us
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would have to man that front desk two hours per day and make sure her other work got done as
well. Our staff is at a current level of five which is under sized for an organization with the
number of employees we have. Seven HR staff members would be the medium number and we
have five. I would like to request that you allow me to replace this position. It is not a new
position.
Alderman Ferrell: Do you have any indication of whether the replacement person would be a
new hire or a transfer?
Missy Leflar: No sir, we would post it internally as well as run a job advertisement.
Alderman Ferrell: Chances are that a new person would cost less wouldn't it?
Missy Leflar: I should hope so.
Alderman Rhoads moved to approve the Human Resources Administrative Assistant
position. Alderman Thiel seconded the motion. Upon roll call the motion passed
unanimously.
Human Resources Administrative Assistant - Approved
Resolution 67-08 as Recorded in the office of the City Clerk.
Ambulance Service Interlocal Agreement: A resolution to approve an interlocal agreement for
ambulance service by and with the City of Fayetteville, Washington County, Elkins, Farmington,
Goshen, Greenland, Lincoln, Prairie Grove, West Fork, Winslow and Johnson, and to establish
the ambulance authority and Central Emergency Medical Services as the exclusive emergency
and non -emergency ambulance service within the cities. This resolution was tabled at the
March 4, 2008 City Council meeting to the March 18, 2008 City Council meeting.
Mayor Coody: You guys came to some terms in the past few days haven't you?
Alderman Jordan: Yes we have. There were funding issues and equipment cost
reimbursement and other issues. I had concerns about Springdale not being involved. Other
things that were discussed were price per capita, which all cities will pay the same per capita.
Exclusivity was also passed by the committee. I think it is an agreement that is good for both
parties in general.
City Attorney Kit Williams: We have had some very good committee meetings. We made
some changes to the agreement that would be a positive improvement for everyone involved.
Kit explained the conditions of the agreement.
Alderman Lucas: After 2011 the equipment will be owned by the authority.
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City Attorney Kit Williams: Yes. Everything that is purchased new by the authority is going
to be the authority's from day one. Equipment that has been transferred by another party if they
have not left the authority by July 1, 2011 all the property will be the authority's property.
Jeff Dick with Arkansas Paramed Transfer: We are nonemergency providers within the City of
Fayetteville. I understood it would have to come before the City Council another time to vote for
exclusivity.
Alderman Ferrell: Tonight.
City Attorney Kit Williams: The amendment itself does not require it but the resolution that
would adopt this does authorize exclusivity for nonemergency services. That part of the
resolution would have to be removed or else exclusivity would be granted tonight.
Jeff Dick: I would like to ask the Council to reconsider the exclusivity part. You would be
going to a drastic step of granting a monopoly to one provider and you would basically be
pushing the other providers out. I would like to see competition in the market place.
John Gibson, Chairman of the Board of Central EMS: When we thought about putting the
board together, we put a hospital and nursing home representative on the board. I suspect they
will be looking very seriously at the rates that are charged to their businesses for nonemergency
service. We have a good agreement that I think we can all live with.
He thanked the people that worked on the agreement.
Mayor Coody: Thanks for your patience. The County and the City have always been good
partners and I am glad we will be able to continue this great relationship that we have.
John Gibson: I am going to stay around and make sure that this ambulance service is as good -or
better than it is right now.
Rick Wilcox, owner of Northwest Medical Transfer: I disagree that it is automatic money in
your pockets to create a monopoly. I pulled out of Fayetteville about a year and a half ago. He
discussed an independent study that was done on ambulance services. He discussed Medicare
payments that are received for ambulance service. He said insurance is a tough business to deal
with.
Alderman Jordan gave a summary of the proposed contract.
Alderman Thiel: The recommendation from the committee is to approve this?
Alderman Jordan: Yes.
Alderman Thiel: I appreciate the concerns from the private businesses about exclusivity.
Looking at the potential for possible savings to the citizens of Fayetteville is one of the reasons
we started this discussion several years ago. She quoted what the City Attorney wrote in a memo
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about exclusivity. Based on this memo and the committee recommendation I support
exclusivity. \'
Mayor Coody: Central EMS if granted exclusivity will contract out with the private folks to
handle the load that they can't.
Alderman Ferrell: I think all of us want to have good ambulance service. I want to thank the
committee. I do not support exclusivity in ambulance service. EMS today is in the
nonemergency business. They are another provider.
Alderman Lucas: This has bothered me to have exclusivity.
A discussion followed on the contract.
Alderman Allen: I spoke to several nurses and the exclusivity was troublesome to them. What
percentage of nonemergency transfers is being done by EMS now?
Becky Stuart, Chief of Central EMS: We do about 120 nonemergency calls per month.
Alderman Allen: Could someone need a nonemergency transfer and be unable to be
transferred for a lengthy period of time?
Becky Stuart: We would be able to learn more about the call volume and add resources through
the authority and Central EMS. We might have to have another provider that we contract with to )
come in and help with the peak demand times.
Alderman Allen: So these other companies could come in at that time even if we go with the
exclusivity?
Becky Stuart: That would be through a contractual agreement between another provider and the
EMS Authority.
Alderman Rhoads: If they don't do what they say and don't hire someone else then we will get
complaints and they will change their ways or we will go non exclusive.
Alderman Thiel: Didn't you say that if this passed you are going to add a truck or two?
Becky Stuart: Right now
we have the infrastructure
in place and we are able to add
two
ambulances a day, Monday
through Friday 8-5 which is
when most of the nonemergency
calls
occur.
Alderman Jordan: You said exclusivity could be a gain for the City of Fayetteville.
City Attorney Kit Williams: At least for the authority and that would mean that we would not
have to pay as much subsidy_
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Becky Stuart: It will be a gain to the overall system both emergency and nonemergency.
Alderman Jordan: Do you have any estimates on how much that could be?
Becky Stuart: At this time our estimates are $300,000 net per year.
Alderman Allen: Did the committee have any concern about competition?
Alderman Jordan: Yes.
Alderman Lucas: When you have exclusivity you can designate different staff and vehicles for
those transfers which helps.
Becky Stuart: Yes. Currently all of the ambulances that are in place for Washington County
and Fayetteville through Central EMS are paramedic level certified. That is the highest and most
expensive level. If we know how many nonemergency calls and what time of day they are
scheduled we can put on a nonemergency basic life support ambulance. We can then match the
resource with the type of call. We feel this is a better use of our resources.
Alderman Ferrell: If you have to call someone that you are contracting with to help there
wouldn't be any correlation between whether they had insurance or not in a situation like that.
Becky Stuart: Absolutely not.
Alderman Cook: When we first came into this I was against exclusivity. Since then I have
kind of swayed. I think it would be a mistake at this point if we didn't at least give this a try.
Alderman Ferrell moved to amend the resolution to remove exclusivity of non -emergency
transfers services from the agreement. Alderman Jordan seconded the motion. Upon roll
call the motion failed 1-7. Alderman Ferrell voting yes.
This amendment failed.
Alderman Jordan thanked several individuals for their work on this.
Alderman Lucas thanked several individuals for their work on this.
Alderman Gray moved to approve the resolution. Alderman Thiel seconded the motion.
Upon roll call the resolution passed 7-1. Alderman Ferrell voting no.
Resolution 68-08 as Recorded in the office of the City Clerk.
John Gibson: Thanked each member of the Council for working on this.
A discussion followed on the appointment of someone to this board.
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New Business:
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Economic Development Strategic Plan: A resolution to approve a budget adjustment in the
amount of $75,000.00 to match a similar expenditure of the University of Arkansas Technology
Development Foundation to jointly hire a consultant for Phase One of an Economic
Development Strategic Plan.
Gary Dumas, Director of Operations gave a brief description of this resolution. He stated they
are trying to create an economic development vision statement followed by a fairly detailed
strategic plan. The University has agreed to partner with us for half of this, up to $75,000. All
we are doing today is appropriating the funds.
Alderman Cook: I thought this was a partnership with the University and now you are saying
we are contracting with the University. It sounds like the University is taking the lead on it.
Gary Dumas: It is a partnership. We thought it was best to go through their selection process,
just like we do a normal selection process. If you choose to have the City in the lead I would
have to talk to the University but I don't think there would be any problem with that.
Alderman Cook: This came from the City initially. I don't disagree with partnering with the
University, I think that is a good thing, but I don't want the citizens to feel like we are throwing
money at the University and they are bringing somebody in here.
City Attorney Kit Williams: Would it not be possible to have a joint selection?
Gary Dumas: That is what the process is going to be.
Alderman Allen: I thought that part of our process was to bring forth our ideas about economic
development to the table. It seems to me in these difficult economic times that should be where
we start rather than with a consultant. I find it problematic particularly in tough economic times
to bring in a consultant.
Gary Dumas: I suppose if the City Council wants to take that direction you certainly can. The
recommendation to you is that we solicit outside assistance to gain from their prior experience
and knowledge and to gain a new point of view of our local issues. What outside services will
bring is facilitation of constructive discussion bringing that diverse knowledge and diverse
opinion into a consolidated statement with which all sides can identify and move forward toward
the achievement of our common objective a sustainable, successful, Fayetteville economy.
He read a brief statement from the University about bringing in a consultant.
I think the staff and those at the University that have participated feel that a fresh prospective
from the outside, and in the essence of time, it is best to use external services.
Alderman Allen: I have concern for economic development in Fayetteville too. It seems like
we should have started six months ago rather than with a consultant.
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Mayor Coody: We brought in Dover Kohl to do our Downtown Master Plan. We have plenty
of expertise in house to do it if they had nothing else to do. We would not have been able to
focus on it like Dover Kohl did. They brought some very interesting and workable ideas to
Fayetteville. Economic development is not a single thing that we do. We have been doing
economic development seriously for the last seven years and I am very pleased with our
progress. It is time to ratchet it up and go to the next level.
Phil Stafford, University of Arkansas: Every thing we have been trying to do is to accelerate
the process. The concern about whether we are using outside consultants or not is really
directed at the efficiencies. You will be a part of that vision and process. Having someone that
can help us to guide us and keep us focused I think is the real value of working with outside
consultants. I believe we will achieve better results by utilizing outside services that will help us
to participate in a team like fashion.
Mayor Coody: One of the things I am excited about is the potential to really capitalize on the
sustainability issue.
Phil Stafford: We have a history of partnering together. I think we are now able to take
advantage of some of the additional strengths that we have been able to develop and couple that
with new initiatives within the region.
Alderman Cook: I think there is some value with bringing someone in from the outside.
Ultimately we are trying to attract from outside the community. We want to bring jobs here, to
me that is the bottom line. Those jobs are going to be created by someone investing that money
from outside the community. I think when we have that view and we get suggestions that
ultimately we can create a better strategy.
Alderman Rhoads: I look forward to and endorse bringing someone else in. I think we have
talented people at the University of Arkansas and with the City. I do not discount the smart
people that are here. This is an opportunity to take this to another level and take advantage of
folks that have done this before.
Alderman Allen: I agree with what Alderman Rhoads said. My point of disagreement was the
process where I thought we would have more input. My concern is having a consultant at a time
when we didn't give raises to people on our staff, because of tough economic times. That makes
it hard for me to justify. It is not because I don't value our goals and that we need to do every
thing we can in order to do the best job we can with economic growth in Fayetteville and have
the proper kind of growth.
Alderman Ferrell: This money is coming out of the economic development fund and I think
that is an appropriate place for it to come out of. I think we are over due. We don't have the
luxury of waiting any longer. I think we need to have agreement on how to be successful and I
think this partnership can direct us toward that.
Alderman Cook: If this actually works we will see what we have gotten from Van Scoyoc and
much more in the long run.
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Alderman Jordan: Why is FEDC or the A&P Commission not partnering with us on this?
Gary Dumas: There is no reason that they are not. FEDC looks to the City to provide guidance
on what direction the City wants them to go. They are an implementer of your vision not the
creator of the economic development vision. They are here to make things happen after you
decide where we should go. This creates that plan so they have guidance and then we can
actually measure success.
Alderman Jordan: If they are going to benefit from it.
City Attorney Kit Williams: It is not absolutely clear that A&P could donate money in this
particular area. I have not researched that.
Alderman Jordan: That is a concern of mine.
Alderman Thiel moved to approve the resolution. Alderman Gray seconded the motion.
Upon roll call the resolution passed 6-2. Alderman Allen and Jordan voting no.
Resolution 69-08 as Recorded in the office of the City Clerk
Norman Company: A resolution approving the purchase of office equipment and furniture
from Norman Company through U.S. Communities in the amount of $29,948.88 for the new
West Side Wastewater Treatment Plant; and approving a contingency of $1000.00.
David Jurgens, Water and Wastewater Director: This is the furniture purchase for the West
Side Treatment Plant.
Alderman Ferrell voiced his concern about the cost of the chairs. He stated he will not vote for
this.
Alderman Gray: I am going to vote for this. I want us to have furniture that is going to last. I
would rather buy a good chair from the beginning and have it last a long time. The staff has
given us their recommendation and I support it.
Alderman Thiel: A selection committee reviewed this and we do want to buy quality furniture
because in the long run it pays for itself.
Alderman Ferrell: Who was on the selection committee?
David Jurgens: It wasn't a selection committee; it was two of my employees and one OMI
representative.
Alderman Ferrell: As the plant comes on line they will not be spending as much time there is
that correct?
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David Jurgens: The wastewater plant now is manned 24/7. The new plant as time goes on will
be able to cut the night shift but the operation staff will still be a 16 hour a day operation.
Alderman Lucas: I have a little bit of a struggle with the cost of the chairs.
David Jurgens: The average price is just under $100. We tried to select furniture that was
appropriate for the location and the use. We selected furniture that met the sustainable green
type requirement. We followed the City's purchasing policy. We choose industrial grade
furniture rather than standard or residential grade.
Mayor Coody: The people that have been building the wastewater treatment center have been
doing a marvelous job on value engineering and making sure we get the best bang for our buck
out there. OMI has done a stupendous job for the City of Fayetteville as far as managing our
wastewater treatment center.
Alderman Thiel moved to approve the resolution. Alderman Gray seconded the motion.
Upon roll call the resolution passed 4-4. Alderman Gray, Thiel, Cook, and Rhoads voting
yes. Alderman Allen, Ferrell, Lucas, and Jordan voting no. Mayor Coody voted yes to
pass the resolution.
Resolution 70-08 as Recorded in the office of the City Clerk
Arkansas Highway & Transportation Department Proposal: A resolution approving a
proposal from the Arkansas State Highway and Transportation Department (AHTD) to widen
Crossover Road from Mission Boulevard to Joyce Street; and reaffirming the City of
Fayetteville's commitment of $7,700,000.00 to the project.
Ron Petrie, City Engineer gave a brief update on the project. He gave the four possible options.
He stated the Street Committee voted 3-1 to use the second option which was to use the City
commitment of $7.7 million and proceed with the project.
Alderman Thiel: This project will proceed from Highway 45 to Joyce Street.
Alderman Jordan: The Street Committee recommended this option.
Alderman Thiel: I heard from a lot of people that supported following the plan that was
originally given to us. I support doing it like this.
Alderman Allen: I also support building it like this.
Alderman Lucas: I also support this.
Alderman Ferrell: I voted against this at the Street Committee meeting however I will support
it tonight.
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Alderman Thiel moved to approve the resolution. Alderman Jordan seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 71-08 as Recorded in the office of the City Clerk
Transportation Bond Program Funds: A resolution approving the use of existing
Transportation Bond Program funds to proceed with the Van Asche Boulevard extension to the
west of Gregg Avenue upon formal acceptance of an annexation from the adjoining property
owner WG Land Company Limited Partnership.
Ron Petrie gave an update on this proposal. He said there was specific language within this
agreement having to do with the industrial zoning within the cavern area and the commercial
zoning for the remaining property when it is annexed or when it is developed.
Alderman Jordan thanked Alderman Thiel because some of this funding is coming from a
project that was proposed for Ward 1.
Alderman Thiel: This is just delaying the proposed Fifteenth Street project.
Alderman Allen: This is the right thing to do.
Alderman Cook: My concern is the de -annexation. That will be a fight.
Gary Dumas: The annexation and de -annexation is not going to be an easy task.
Alderman Cook: What if the City of Johnson says no to the de -annexation?
City Attorney Kit Williams: This has happened before between other cities with property
owners. A property owner has the right, if the city that he is currently a member of doesn't
provide the kind of services that another city would offer, to go to court to require de -annexation
from the other city, if the new city is willing to accept him in and offer the services that he can't
get from the prior city. I think that is the situation that we have right now in this particular
property.
Alderman Cook: Is that a lengthy process?
City Attorney Kit Williams: Yes.
Gary Dumas: I sent a letter to the City of Johnson proposing a negotiated agreement.
Alderman Cook: If we agree to this nothing happens until that land is in the City of
Fayetteville?
Gary Dumas: I think that we should probably proceed with the design that will be done
internally.
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Page 15 of 19
A discussion followed on a proposed amendment.
Alderman Lucas moved to approve the resolution. Alderman Jordan seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 72-08 as Recorded in the office of the City Clerk
Red Oak Park Streambank Improvements: A resolution approving a revised project design
for the Red Oak Park Streambank Improvements submitted by the Arkansas Game and Fish
Commission Region 1 Stream Team.
Carole Jones, Fayetteville Parks and Recreation: We have had discussion since this was tabled.
Residents of Ward 4 voted and agreed that we should proceed with the Arkansas Game and Fish
Commission design. They also wanted us to work on the master plan of park once we get the
stream finished and the possibility of looking at rain gardens in conjunction with this.
David Evans, Arkansas Game and Fish Commission: I don't see any change from what I said
before. The slight narrowing of the channel from the modification that you asked me to make I
am not willing to modify it any farther down than that.
Lowell Boynton, Bell Gabel Chapel Owner: I sent my comments to everyone in written form. I
think there is a lack of appreciation for how much water is coming down through there.
Aubrey. Shepherd, citizen: I think this is a chance to educate people. This is a poster child for
bad development.
Valerie Biendara, citizen thanked Alderman Jordan and Lucas for the meetings they had
regarding this. She also thanked Carole and Connie from Parks and Recreation for their hard
work to see something done with this park. I appreciate the Council voting on this and giving us
our park back.
Paul Becker, Finance Director reviewed the funding for the project. If the Council wants to use
park land dedication funds they would need to amend the resolution. This is currently budgeted
in the capital improvement fund.
A discussion followed on the funding for the project and where the funds are coming from. A
discussion also followed regarding future park land dedication funds.
Alderman Ferrell moved to amend the resolution to use Park Land Dedication Funds in the
amount of $39,578. Alderman Jordan seconded the motion. Upon roll call the motion
passed 6-2. Alderman Gray and Thiel voting no.
Alderman Jordan moved to approve the resolution. Alderman Lucas seconded the motion.
Upon roll call the resolution passed unanimously.
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Resolution 73-08 as Recorded in the office of the City Clerk
ADM 06-2380 Amend Chapters 166 & 172: An ordinance amending Title XV: Unified
Development Code of the Code of Fayetteville to amend Chapter 166: Development and Chapter
172: Parking and Loading in order to adopt Urban Residential Design Standards.
City Attorney Kit Williams read the ordinance.
Alderman Lucas 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 Gray was
absent during the vote.
City Attorney Kit Williams read the ordinance.
Karen Minkel, Planning Division gave a brief update on the proposed ordinance. Planning
Commission forwarded this ordinance to the Ordinance Review Committee with a vote of 7-0.
The Ordinance Review Committee forwarded this ordinance to the City Council with a vote 3-0.
Alderman Ferrell: Was there any thought about the PZD's being able to be considered?
Jeremy Pate, Director of Current Planning: For this particular item a PZD would not likely
utilize these standards.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Thiel seconded the motion. Upon roll call the motion passed 7-0. Alderman
Rhoads was absent during the vote.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5118 as Recorded in the office of the City Clerk
ADM 07-2712 Amend Chapters 151, 159, 161, 162, 163 and 164: An ordinance amending
Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151:
Definitions, Chapter 159: Fees, Chapter 161: Zoning Regulations, Chapter 162: Use Units,
Chapter 163: Use Conditions and Chapter 164:, Supplementary District Regulations in order to
make accessory dwelling units a permitted use in all residential zoning districts contingent upon
Planning Division administrative approval.
City Attorney Kit Williams read the ordinance.
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Leif Olson, Planning Division: The Planning Commission forwarded this to the Ordinance
Review Committee with a vote of 6-0. The Ordinance Review Committee forwarded it to the
City Council with a vote of 3-0. He gave a list of proposed requirements from the Council of
Neighborhoods.
There was a discussion on the proposed changes from the Council of Neighborhoods. After
discussion this was left on the first reading and sent back to the Ordinance Review Committee to
review.
Alderman Allen: I have concerns about implementation and how this will be regulated.
Basically I think it is a really good ordinance.
Jeremy Pate: We looked at utilizing this for PZD's but we didn't get a lot of support for that.
We did not feel it was the right thing to do to propose these as a use by right for PZD's
Alderman Thiel: During the Ruskin Heights discussion this was a big issue so I appreciate that
being looked at in a different way.
This ordinance was left on the First Reading.
ADM 08-2927 (Stadium Centre Cottages): An ordinance amending a Residential Planned
Zoning District entitled R-PZD 06-2212, Stadium Centre Cottages, located at the SW corner of
One Mile Road and Sandra Street, containing approximately 2.45 acres, to reflect revised lot
width and lot area requirements as described and depicted herein.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the proposed ordinance. Planning Commission voted
unanimously to support this amendment.
Alderman Lucas: This does not increase the density.
Jeremy Pate: That's correct.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Allen was
absent during the vote.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman
Allen was absent during the vote.
City Attorney Kit Williams read the ordinance.
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Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Allen was absent during the vote.
Ordinance 5119 as Recorded in the office of the City Clerk.
Amend Chapter 72 Parking Regulations: An ordinance to amend Chapter 72, Parking
Regulations, of the Fayetteville Code by enacting §72.59 EcoTag authorized for free parking at
long term parking meters.
City Attorney Kit Williams read the ordinance.
John Coleman, Sustainability Coordinator gave a brief description of the proposed ordinance.
He stated this will cost very little money in time on behalf of staff.
Mayor Coody: I asked John to bring this forward because I have been supportive of
encouraging people to buy as fuel efficient vehicles as possible.
Alderman Thiel: I support this. I feel it is sending a signal to our city and other cities that we
value this.
Alderman Gray: I think we need to do anything we can to encourage people to save gas and
this is one more way we can encourage them.
Alderman Allen: I am not sure this is the way to reward. I would like for us to think of other
ways we can reward. This seems it discriminates toward the poor.
Alderman Ferrell: I think it was a good intention but a bad application.
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Dillon Ferrell: I believe the ordinance as written is ill-advised at this time. We are in a budget
short fall and cutting parking revenue even in a slight way would jeopardize other programs in
the city. This does not take into account electric vehicles. There are a number of motorcycles
that would far exceed the 40 mile per gallon rating. I feel to limit to strictly four wheel gas
pedestrian powered vehicles at this point would send the wrong message from the City.
Mayor Coody: These cars would have to meet certain mileage standards and as technology
improves if EPA says that a car meets the high mileage standards then they might be available to
take advantage of the program too. If the program becomes so popular that we see a real hit to
the budget we could always scale it back or do away with it.
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Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance failed 2-6.
Alderman Gray and Thiel voting yes.
This ordinance failed.
Amend Chapter 150 General Provisions: An ordinance to Amend §150.12 Penalty of the
Unified Development Code of the Code of Fayetteville to refer back to §10.99 General Penalty
of the Code of Fayetteville.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams: In the UDC this only had the title and nothing written under it. I
suggest that we include the language to refer back to the general penalty section of our entire
Code of Fayetteville.
Alderman Cook moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was
absent during the vote.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman
Thiel was absent during the vote.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Thiel was absent during the vote.
Ordinance 5120 as Recorded in the office of the City Clerk.
Meeting a urned at 9:20 PM
ellr
Dan Coody, Mayor Sondra E. Smith, City Clerk/Treasurer
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Nominating Committee Report
Meeting Date: March 13, 2008
Room 313, City Hall 5:00pm
Members present: Kyle Cook, Adella Gray, Shirley Lucas
Also present: Nancy Allen, Robert Ferrell
The following is being submitted by the Nominating Committee to the entire City Council for consideration.
Board of Adjustments
The committee recommends the following candidates for appointment:
Bob Kohler — one term ending 3/31/I3
Steven Bandy — one unexpired term ending 3/31/10
Civil Service Commission
The committee recommends the following candidates for appointment:
Steve Coppinger — one term ending 3/31/14
Fred Vorsanger— one term ending 3/31/14
of
committee recommends the following candidate for appointment:
Jim Key — one term ending 3/31/13
Fayetteville Public Library Board of Trustees
The committee recommends the following candidates for appointment:
Don Marr — one term ending 4/01/13
Dan Ferritor — one term ending 4/01/13
Planning Commission
The committee recommends the following candidates for appointment:
James Graves — one term ending 3/31/11
Audy Lack — one term ending 3/31/11
Jeremy Kennedy— one term ending 3/31/11