HomeMy WebLinkAbout2008-07-15 MinutesMayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
KANSAS
City of Fayetteville Arkansas
City Council Meeting Minutes
July 15, 2008
City Council Meeting Minutes
July 15, 2008
Page 1 of26
Aldermen
Ward I Position 1
— Adella Gray
Ward I Position 2
—Brenda Thiel
Ward 2 Position 1
— Kyle B. Cook
Ward 2 Position 2
— Nancy Allen
Ward 3 Position 1
— Robert K. Rhoads
Ward 3 Position 2
— Robert Ferrell
Ward 4 Position 1
— Shirley Lucas
Ward 4 Position 2
— Lioneld Jordan
A meeting of the Fayetteville City Council was held on July 15, 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, Jordan, Mayor Coody,
City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Lucas
Pledge of Allegiance.
Mayor's Announcements, Proclamations and Recognitions:
Mayor Coody welcomed and introduced guests from France whom are descendants of General
LaFayette and presented them with a plaque.
Sabine Renault-Sabloniere: Thank you very much. I am very happy by your welcome here in
Fayetteville. I think LaFayette was a visionary and Mayor Coody is a visionary too. I am very
happy to be here with you. It is a great honor.
Mayor Coody welcomed the Spring International students. We appreciate you being here and
we hope you enjoy your visit to Fayetteville and America.
Presentations, Reports and Discussion Items: None
Agenda Additions: None
Consent:
Bid #08-04 Ameripride Services Inc: A resolution awarding Bid #08-04 and approving a five-
year contract with Ameripride Services, Inc. to supply rental uniforms for various city divisions.
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Resolution 140-08 as Recorded in the office of the City Clerk. -=
Bid #08-32 Williams Tractor: A resolution awarding Bid #08-32 and approving the purchase
of four (4) 4WD tractor backhoes from Williams Tractor in the amount of $227,976.00 for use
by the Water & Sewer and Transportation Divisions.
Resolution 141-08 as Recorded in the office of the City Clerk.
Bid #08-52 Truck Centers of Arkansas: A resolution awarding Bid #08-52 and approving the
purchase of one (1) Truck -Mounted Sewer Jetter from Truck Centers of Arkansas in the amount
of $154,458.00 for use by the Water & Sewer Division.
Resolution 142-08 as Recorded in the office of the City Clerk.
Stephens, Inc. Contract: A resolution approving the renewal of the contract with Stephens, Inc.
as amended to act as the City of Fayetteville's benefits broker and advisor.
Resolution 143-08 as Recorded in the office of the City Clerk
Ozarks Electric Cooperative Corporation: A resolution to approve three contracts for
interconnection with Ozarks Electric Cooperative Corporation to allow the City's generators to
synchronize and connect with Ozarks Electric's power grid.
Resolution 144-08 as Recorded in the office of the City Clerk.
Walker Park Neighborhood Master Plan Fee: A resolution to waive the fee normally
required for a conditional use permit for property owners adversely affected by the Walker Park
Neighborhood Master Plan rezonings.
Resolution 145-08 as Recorded in the office of the City Clerk.
Carter and Burgess, Inc: A resolution to approve Supplemental Agreement No. 1 to the
contract with Carter & Burgess, Inc. for engineering services for the Fayetteville Expressway
Economic Development Corridor Project in the amount of $700,215.31 and approving a budget
adjustment in the amount of $560,173.00.
Resolution 146-08 as Recorded in the office of the City Clerk.
Alderman Jordan moved to approve the'Consent Agenda as read. Alderman Gray
seconded the motion. Upon roll call the motion passed 7-0. Alderman Lucas was absent.
Unfinished Business:
Hiring Freeze Appeals:
One Building Services Manager
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Hiring Freeze: A resolution to approve the hiring of a Building Services Manager replacement
employee.
Gary Dumas, Operations Director: This position has two primary responsibilities. The first
one is the oversight of the Building Maintenance Division. There are 14.5 employees and 64
buildings that they maintain. They provide janitorial services to 15 of these buildings. The
second portion of that job is project management. We would like to request the ability to refill
this position.
Alderman Thiel had questions regarding the salary of this position and if it would be more cost
efficient if the City only hired a project manager when needed or hired one person for both.
Gary Dumas: I think it is more efficient and more fiscally responsible to have the project
manager position in house if we can.
Alderman Thiel: I am not arguing the need for a project manager. I think that is critical.
Gary Dumas: I think it is more efficient if we can have that service internally and combine it
with other activities also. You are going to pay $50,000 for the Building Maintenance
Supervisor and then whatever the cost of the project manager is on top of that, which would be
well more than $25,000 a year.
Alderman Ferrell: Does the current position have exempt employees reporting to him and if so,
how many.
Gary Dumas: If there are exempt employees reporting to this position it is probably only one. I
will verify that.
Alderman Ferrell: When will we start on the Courts Building project?
Mayor Coody: We are fine tuning all the details with the architect and purchasing.
Paul Becker, Financial Director: We would like to have a project manager look at the final
proposal before we go out to bid. We are probably three to four weeks away from going out to
bid once we get a project manager on board. We would like to see a project manager look at the
specs and insure that everything is complete.
A discussion followed on the Court building and the time frame to complete the building.
Fire Chief Tony Johnson: It saves a considerable amount of money to have, a person in that
position. This position not only is the city's construction manager but they play a role in
maintaining the buildings.
Alderman Thiel: I feel that is a good explanation.
j A discussion followed on projected upcoming projects.
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Alderman Thiel moved to approve one Building Services Manager position. Alderman -
Gray seconded the motion. Upon roll call the resolution passed 7-0. Alderman Lucas was
absent.
Resolution 147-08 as Recorded in the office of the City Clerk.
Amend Chapters 151, 152 and 166: An ordinance amending Title XV: Unified Development
Code of the Code of Fayetteville to amend Chapter 151: Definitions, Chapter 152:
Administration and Chapter 166: Development in order to prohibit or regulate decentralized
sewer systems within the city limits. This ordinance was left on the First Reading at the April
1, 2008 City Council meeting. This ordinance.was left on the Second Reading and then tabled
at the April 15, 2008 City Council meeting to the May 20, 2008 City Council meeting. This
ordinance was tabled at the May 20, 2008 City Council meeting to the June 17, 2008 City
Council meeting. This ordinance was left on the Third Reading and then tabled at the June
17, 2008 City Council meeting to the July 15, 2008 City Council meeting.
David Jurgens, Water and Wastewater Director: In reviewing the white paper that we
discussed at the Water and Sewer Committee, and the changes within this ordinance, and in
talking to Kit, it looks like the only tweak that we would have to make to the ordinance that was
proposed is to add on 166.03 (i), subparagraph 3, the phrase, "unless expressly permitted by
resolution of the City Council." We also had some discussion relating to impact fees but in that
discussion with Kit he said that needed to say within the impact fee ordinance that we are in the
process of modifying. The only change to this would add in the caveat that the City Council has
the authority by resolution to make an exception to the prohibition on decentralized sewers
within the city limits.
Kit Williams, City Attorney: It would have to be authorized by City Council resolution. If
somebody wanted to build one, they would have to come and get a resolution from the City
Council in order to authorize a decentralized sewage system within the city limits.
Alderman Ferrell moved to amend the ordinance. Alderman Gray seconded the motion.
Upon roll call the motion passed 7-0. Alderman Lucas was absent.
Alderman Cook: I am adamantly opposed to the decentralized systems in Fayetteville. I can see
that there are certain circumstances where we might allow that. I would hope those would be
few and far between. I am usually opposed to expanding our sewer system outside the city
limits. We had issues with that before. In this cause I will probably support this.
Mayor Coody: I agree with what you said.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Lucas was absent.
Ordinance 5152 as Recorded in the office of the City Clerk.
RZN 08-2971 (Walker Park Neighborhood): An ordinance rezoning that property described
in rezoning petition RZN 08-2971, for approximately 304.3 acres, bounded by Archibald Yell
Boulevard, Huntsville Road, Morningside Drive, 15th Street and South School Avenue from
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RMF -24, Residential Multi -family, 24 units per acre, C-2, Thoroughfare Commercial, and P-1.
Institutional to NC, Neighborhood Conservation, DG, Downtown General, RMF -18, Residential
Multi -family, 18 units per acre, and MSC, Main Street Center. This ordinance was left on the
First Reading at the July 1, 2008 City Council meeting.
Alderman Gray 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 Lucas was absent.
City Attorney Kit Williams read the ordinance.
Karen Minkel, Director of Long Range Planning: Exhibit A that was passed out reflects the
amendment that the City Council made to the map two weeks ago, which was to the Ashworth
property on Wood Avenue and Sixth Street. That was Neighborhood Conservation and the
Council amended the map to show it as Downtown General. The second map that was passed
out that is entitled July 15, 2008 modified, that was at the request of Alderman Thiel. It shows
the block on South Street that is Downtown General on Exhibit A as Neighborhood
Conservation. When a property owner comes forward and requests something different, from
what we had in the proposed zoning map, we look at the overall integrity of the plan and if there
is a way that we could accommodate the property owner and still maintain the integrity of the
plan, then we support that change. Mr. Winkler came forward, he is the owner of the four
parcels on South Street, it was initially shown as Neighborhood Conservation, and he requested
that it be changed to Downtown General. Staff looked at the surrounding zoning districts.
Across the street is Downtown General and Residential Office and to the east is Downtown
General. It was an instance where Neighborhood Conservation would be appropriate and
Downtown General could also be appropriate. Staff supported the change to Downtown General
which the Planning Commission passed at their last meeting.
Alderman Ferrell: That would resolve the letter that we received? That is what they were
requesting, to go to Downtown General from Neighborhood Conservation.
Karen Minkel: Right.
Alderman Thiel: If we approved it like it is now that would be to satisfy the Winkler's. At the
last meeting we heard from Mr. Wappell that they would rather it go back to Neighborhood
Conservation.
The Winkler's want to keep it zoned Downtown General so that they can build an apartment
building. Currently in the Neighborhood Conservation they can only build a two family
permitted and a three family with a conditional use. In Downtown General they can build the
multi -family dwelling permitted.
Karen Minkel, Long Range Planning Director: The Neighborhood Conservation zoning
district has a maximum density of 10 units per acre. The Downtown General does not have a
maximum density but it does have a four story limit. You are also limited by the parcels you
have. The four parcels together are about .63 acres. Under the Neighborhood Conservation
zoning district roughly six units would be allowed. Because of the topography in that area and
the limitations of the site itself when staff looked at it today we are not sure you could get more
than ten to twelve units on that site, given your parking needs and tree preservation, with any sort
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of multi family development. The difference between Downtown General and any of the multi
family zoning districts would be the set backs. In the multi family zoning districts the setback
requirements would likely cause the property owner to have to ask for a number of variances in
order to build a multi family building on that lot. The Downtown General zoning district does
not have that setback requirement. You could build right up to the street. It would also allow
other uses. The bottom line is the Downtown General is in line with the overall plan in terms of
mass and appearance. The multi family zoning district would probably require the property
owner when they chose to develop that property to come forward and ask for a number of
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A discussion followed on the different zoning districts.
Steve Winkler, property owner pointed to the area they are talking about on the map. He said
the objection at a previous meeting had to do with street width and the alley. He stated he
measured the streets. He described the area to the Council, the streets in the area, and the street
widths. He stated we bought those specifically for apartments. Across the street is Downtown
General.
What we are trying to do is to get our equity in real estate. This is our investment. We are a five
minute walk from the square. We have tried to help with low income housing. We try to keep
the rent low. Because of the way the neighborhood has progressed we want to maximize our
intelligent land use. We want to be what they are across the street, Downtown General; there is
more flexibility in that. Whatever is going to go in on that North side is going to be new and big.
We do not think that is a very good place across the street from there to try to invest money in
building a single family residential. Real estate principles would say you want to build
something that is compatible with that side of the street. The idea is to make the division, the
demarcations between the Neighborhood Conservation and the Downtown General at the back of
our property line which is a standard way of doing it. That idea is done all over there. All those
property demarcations are in the back of the property, so when you are going down the street you
see the same kind of zoning on each side of the street. That is a common technique in urban
planning. When you have an obvious different use on one side of the road then you run the line
down the middle of the road, otherwise it is a standard way to transition zones. We figure we are
more compatible with the Downtown General. That is the zone that we want. Staff and the
Planning Commission approved it. The objection that has been made had to do with the street
width. I have not heard any other objects except for the alley and the street width.
Alderman Ferrell: Have you shared your comparative analysis information with the citizens
that are voicing concerns.
Mr. Winkler: I have not met with Mr. Wappell. I shared the information with the Planning
Department.
Jimmy Glenn, resident of the neighborhood: I am speaking for the neighborhood association. I
have a petition of 30 immediate neighbors to Mr. Winkler's property that have objections to the
zoning of Downtown General for that specific property. Our concern as a neighborhood
association is to refer back to the Dover -Kohl issue of connectivity.
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He gave an overview of the original Downtown Master Plan and the zoning areas. He stated
their concern with the increase density is that at some point you run into an immediate problem
of connectivity based on that density. That is their main concern. He stated we would like to see
South Street maintained as the barrier between Downtown General and Neighborhood
Conservation if at all possible. Just this last week this area was written up in the online This Old
House as one of the best places to buy a house in the entire south. We appreciate your
consideration.
Alderman Ferrell: The signatures on the petition are they all property owners?
Jimmy Glenn: Yes. Owner occupied.
Alderman Thiel: In the Neighborhood Conservation you can have home occupations, offices,
studios, and professional services but the main difference is the density. That is what the
neighborhood is most opposed to?
Jimmy Glenn: That is our biggest concern. There have been adjustments to this plan with
property on Sixth Street and pre-existing property that is already denser. We have no problem
with that. We have a concern if that density is increased and the neighborhood character is
somehow lost. That is our main concern to maintain the neighborhood character.
Aubrey Shepherd, a citizen: I agreed that should be Neighborhood Conservation for many
reasons. He has a right to use his property. There is a rock house in that area that I think we
should really want to conserve. If we make this a commercial zone it almost guarantees that will
come down.
He is concerned with construction in riparian zones and protecting this area of Fayetteville. He
stated these are the kind of considerations I think we have to look at.
Alderman Thiel: If we make an amendment to put this back in a Neighborhood Conservation,
which it was prior to the Planning Commission ruling to change it to Downtown General. In that
Neighborhood Conservation you can build two family dwellings, three family dwellings with a
conditional use, home occupations, professional services, offices, studios, and related services
with conditional uses. I feel like the neighborhood put a lot into this plan. They were at the
meetings. The delineation was in streets in some of the Downtown General, we did make the
change in the streets. I feel like the neighborhood feels very strongly about this and they
weighted in early, they worked on this plan and this is what they wanted. If we start making
changes to this plan we are going to be back to RMF -24 and RMF -40, which is what it's zoned
now, and I really don't want to see that. I will make the amendment to take that section back to
the Neighborhood Conservation.
Alderman Thiel moved to amend the ordinance. Alderman Allen seconded the motion.
Upon roll call the motion passed 6-1. Alderman Ferrell voting no. Alderman Lucas was
absent.
Alderman Cook: I seem to be having deja vu from the Downtown Master Plan conversation.
We went back and forth on several properties on that. The bottom line with this is it is a
rezoning for a lot of areas but it is a plan that can be changed at any moment. If somebody
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brings a different rezoning forward, we can always discuss different properties then. I agree with
the change on the Neighborhood Conservation. I support what has been brought forward at this
point. I think the neighbors have all spoken, it has been a process, and staff has done a good job
on it.
Alderman Thiel: That is true. You can come and request a rezoning; particularly in a situation
like this where there have been a lot of changes. I think what is appealing about that is the public
understands what you're going to do. In the Downtown General there are a lot of things you can
do without any approval by the community or Planning Commission.
Alderman Ferrell: Before this plan was being. developed if the property owner wanted to apply
to go to multi -family would he have had a shot at doing this?
Karen Minkel: It was previously zoned RMF -24 so it would have been allowed by right.
Alderman Ferrell: I respect all the people that live down there. I know this area well. This
area is in the shadow of the square where they are building condominiums and other growth.
With all due respect to everybody there I think this is another example of a possible infill and
density. I won't support the amendment.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Thiel seconded the motion. Upon roll call the motion passed 6-1. Alderman
Ferrell voting no. Alderman Lucas was absent.
City Attorney Kit Williams read the ordinance.
Alderman Thiel: Staff's original recommendation was that this be Neighborhood Conservation.
It was changed by the Planning Commission.
Alderman Ferrell: Did staff support the change by the Planning Commission.
Alderman Thiel: They had to, the Planning Commission voted for it.
Karen Minkel: We did support the Downtown General in the draft. When property owners
come forward we re-examined those properties and for some properties we didn't support a
change and for some we felt comfortable with it. This was a situation where we felt comfortable
with Neighborhood Conversation or Downtown General so we supported Downtown General.
Mayor Coody: These plans are important as long as we stick to them. This is 304 acres and I
think this one parcel here is two thirds of an acre out of 304. I think generally speaking this plan
is well put together and I think it's going to help improve the face of Fayetteville over time. I'm
very glad that we do these plans. I think it's good for the long term health of Fayetteville.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Lucas was absent.
Ordinance 5153 as Recorded in the office of the City Clerk.
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Ruskin Heights - Amend Ordinance No. 4994: An ordinance to amend Ordinance No. 4994,
Condition of Approval No. 1 of Ruskin Heights R-PZD 06-2299 regarding street improvements.
This ordinance was left on the First Reading at the July 1, 2008 City Council meeting.
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 Lucas was absent.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Current Planning gave a brief overview of the ordinance.
The Highway Department has stated that the improvements that were planned along Mission
Boulevard does not meet their warrants or criteria for construction; therefore they will not permit
those improvements. Staff prepared our own traffic analyses independent of the developer. Staff
recommends that money be paid in lieu for the turn lanes, curve and gutters, and sidewalks to the
west of this project.
Alderman Thiel: Is that what we originally had in our packet, so they haven't increased.
Jeremy Pate: That's correct. When we did our own rational nexus calculation, the city is not
suppose to charge more for a developments proportional impact than what they are making an
impact on the street system. We felt we could not recommend any further then what is currently
there.
Alderman Thiel: I appreciate that the City went ahead and did the study. I think I asked did the
projected traffic count change from the proposal that was given when this was being reviewed by
the Council. There were assurances that more than likely, based on the traffic that was being
given at the state at that time that the state would probably approve this widening. I know there
was some question about the light. Has any of that changed?
Jeremy Pate: We did look at that. There were two traffic studies by two different traffic
engineers conducted. One utilized a very detailed breakout of what the uses could be and
conducted that traffic study based on that. The other which utilized roughly half retail and half
office, so they used less detail. The traffic numbers dropped on that particular study. They are a
little hard to compare because the two traffic engineers utilized different means of comparing the
data.
Alderman Thiel: Why was a different traffic study presented at all? Why didn't they just use
the original one?
Jeremy Pate: I would have to ask the developer to answer that specifically.
Alderman Thiel: Then I'll ask did that have to be done again. Why did they have to do another
one?
Jeremy Pate was not sure about that.
Alderman Thiel: Why was another study done? Was it required?
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Dirk VanVeen, Ruskin Heights: We probably should have used a local engineer the first time.
Peters & Associates is the recommended AHTD traffic engineer. I don't know of another traffic
engineer in the state. We used Rick Shellman because he kind of comes with the PZD package.
He was out of state. We needed to examine other intersections. We like turn lanes, the more
access we have to our project the better. We feel confident if Peter & Associates goes back and
reviews the turn lanes in front of our project that they may remove two out of three because there
won't be warrants for them. They use a standard commercial general shopping center and they
don't get into any other specifics. That is what AHTD likes to see. There were comments stated
at the last meeting about how we were getting out of some things. I think that the study on rough
proportionality showed that we were actually far in excess. The fact that we are paying money
instead of paying to do the improvements is a wash. It's still money. It's the same amount of
money. I'm not clear on the issue that we are getting out of things.
Alderman Thiel: I've heard because of your request on Greenview that all improvements shall
occur within existing right of way with final placement of the sidewalk to be determined by the
city engineer. That particular part became a real concern. Has the size of the median changed?
Dirk VanVeen: We will address that median in the last phase. Our project develops from the
east side to the west side. Our construction entrance comes in from the east side. This is how
it's always been planned, and this is how it was approved. Our construction entrance gets shorter
and shorter on our site because we're developing to Greenview. When it's all done then the
construction entrance is removed and we turn that into a street. It already has the waterline and
infrastructure under it. We will pave it and put in the median.
Alderman Thiel: The people are very frustrated with the traffic on Greenview. They thought
with the phases that the work would be coming up from Mission and weren't aware that it would
be coming from Greenview. Anytime the contractors can utilize the Mission entrance I would
certainly support that.
Dirk VanVeen: They have been excavating on the face of the site for the past 75 days and they
have been using Mission versus Greenview. We've been the only ones coming in and out of
there so it's probably fewer than seven vehicle trips a day. It goes by two houses. It is a
construction entrance and I think it is a good one. We have to have one and we were approved
for one.
Alderman Gray: You're not using Greenview as a construction entrance.
Dirk VanVeen: We are, but we haven't been for about the past 75 days because much of the
excavation has happened on Mission and will continue to for another 45 days as we lower the
fiber optic line. There really hasn't been much traffic up Greenview. There will be more
construction traffic on Greenview.
Alderman Gray: How many days have you been under construction?
Dirk VanVeen: We started in November of last year. That entrance is 200 to 250 feet from
Mission Boulevard.
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Joann Kvamme, 1982 Greenview voiced her concern about the construction entrance and the
noise. I want to remind you that in the 2025 Plan, when the consultants came and talked to us
about how we need to develop our city, one of the main things that was said was we need to
come by a set of rules and stop giving variances and exceptions to everything or nothing is going
to change. We have this happening over and over. We have to trust you guys to protect all of us.
Some of you have personal relationships with these guys and I would ask you guys not to vote,
because we don't want it to look improper. I know you guys don't want it to either.
Alderman Thiel: Is there any evidence that there will not be enough width there?
Jeremy Pate: The improvements that we're discussing that occur within existing right of way
are on the portion of Greenview that they do not have access to. Adjacent to their property,
under our Unified Development Code, they are required to dedicate right of way. There will be a
dedication of right of way for those lots and the street that actually accesses Greenview in that
location. It will widen out there and the sidewalk will be set back with green space and whatever
it takes to get that median in there. Because that requirement was placed upon this project that is
something they will have to construct and dedicate the right of way necessary to make that
happen. If you would like to add the word "all off site improvements" that would clarify that.
Alderman Thiel moved to amend the ordinance to add "all off site improvement".
Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman
Lucas was absent.
Pamela Carter, 1686 Shadowridge: T would like to ask for a clarification of something that was
brought up in the ITE traffic study. The numbers state there were 18,000 cars on Mission per
day and 5,300 cars would be generated by the Ruskin Heights development is that correct?
Jeremy Pate: I don't believe there were 18,000 currently. The 17,600 that I quoted is based on
the full design service volume of Mission once it's constructed and built out. I am not sure what
the actual traffic today is.
Pamela Carter: Are we looking at 23,000 vehicles with the completed Ruskin Heights.
Jeremy Pate: No.
Pamela Carter: 18,000 is the max if we add in the Ruskin Heights at full measure.
Jeremy Pate: Yes, generally yes.
Pamela Carter: Basically we are looking at adding 5,300 cars to an already overcrowded road
and we do not have turn lanes which is going to cause anyone entering or existing Ruskin
Heights to have to dart in and out there into traffic. You really owe it to all the people that use
Mission to think about what this development means to them in getting to work and getting to
places they need to go without turn lanes. I just think they're essential to keeping this traffic
moving.
I am going to specifically ask that Alderman Gray recuse herself from voting. I would also like
to ask Mayor Coody to recuse.
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Jeremy Pate: I would like to clarify one statement. The amendments that are proposed do not
change the turn lanes in front of this development. So traffic entering and exiting Ruskin
Heights onto Mission and in front of the school at Lisa Lane, those turn lanes will be
constructed. I wanted to make sure that the public knows that.
Alderman Gray: I would like to ask our Attorney if he will give me a definition of this
situation.
Kit Williams: The only time that our rules or the state rules would recommend that a Council
member recuse from a decision would be one where there's a financial interest of the Council
member. Specifically our rule states that no member of the City Council with a direct or indirect
financial interest in any items before the City Council shall participate in a discussion or voting
on such matters. Obviously in a town like Fayetteville we are going to.know lots of people and
if you didn't vote every time that you have seen somebody or that you've been to a party with
them, we'd have trouble getting quorums on lots of issues. This is still a personal decision to
some extent, in that if you feel that you are too close to a situation, then you can recuse. Usually
on a lot of these issues you've got friends on all sides. The only thing you must recuse from is if
you have any financial interest in it. Other than that it is pretty much a judgment call. If you
believe that you can decide the issue fairly I would ask that you vote in most cases. I don't want
to see a lot of people recusing all the time just because they know people that come up before
them.
Mayor Coody: Every time we have an issue there's always somebody that we know or have
worked with. I would be glad to vote against this if I thought it was a bad idea. I'd be glad to )
vote for it if I thought it was a good idea. One thing in this job you lose friends over time, you
don't make friends at least in this position. Good ole boy networks exist in other towns and. they
are stifled because of it, Fayetteville doesn't have that problem. I don't think that anyone here is
going to vote one way or the other based on friendships or if you went to a party. I would be
glad to vote against somebody if the betterment of the town was at risk and I think Adella would
too.
Alderman Gray: Yes.
Don Conner, 1686 Shadowridge: We were told that they had their streets approved by the
AHTD. Now they are coming back with different traffic counts and a different decision. They
are trying to change the way they want to do the off site improvements. I don't believe the City
should change this.
Alderman Thiel: I sympathize with the neighborhood. I have tried to clarify everything that we
have had questions on. They are requesting this because the highway department will not let
them build these at this time, with the exception of the frontage of the actual project; they have to
build that out. They are putting money in lieu of for their portion of these projects. We can't
reduce the amount of units because of this.
Alderman Allen: I had a lot of trouble voting for this the first time. This has greatly impacted
the neighbor's way of life.
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Alderman Jordan: When we approved this I was concerned about the trees that were going to
be taken down. The runoff that we have seen in that area makes it difficult to look at what the
neighbors have already lost.
Alderman Thiel discussed a project that failed and the problems that have resulted from the
project sitting. This project is moving forward and we see a lot of projects in this City that are
not. I would be very concerned that if this project stopped I think the neighbors would be very
upset.
Mayor Coody: We all want more turn lanes everywhere. I think Brenda's comments are very
good.
Alderman Ferrell: There is not another project like this around here.
Alderman Gray moved to suspend the rules and go to the third and fmal 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: We have taken money in lieu of before when street improvements where
proposed on a highway and the Highway Department decides it is not warranted haven't we?
Jeremy Pate: Typically it goes through the Planning Commission. It is not uncommon along
state highways.
Alderman Cook: I think the confusion here is that when we approved this I was thinking these
improvements were going to be done. I should know that you have to go through the Highway
Department approval process. What we are doing here is not uncommon with what we have
done in the past. I voted for the project originally and I want them to get it done.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 5-2.
Alderman Allen and Jordan voting no. Alderman Lucas was absent.
Ordinance 5-754 as Recorded in the office of the City Clerk
New Business:
Thornton Condemnation: A resolution to authorize the City Attorney's Office to seek
condemnation and possession of 6,320 square feet of land owned by Ruth Caroline Thornton for
a trail easement.
Matt Mihalevich, Trails Coordinator: This is our last parcel of property that is necessary for
Scull Creek to be complete from Maple Street to Mud Creek Trail. We have been working on
this since 2006. The owner requested two curb cuts on Gregg Avenue which was denied by the
Planning Commission and City Council. The appraised value that we are offering is $5,000.
Alderman Thiel: Ms. Thornton does not object to the amount?
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Matt Mihalevich: She is okay with the amount. She really wants these two curb cuts for future '
development. She is supportive of the trail.
Alderman Ferrell: Kit, do you feel confident that we will prevail if this goes to litigation.
City Attorney Kit Williams: In a condemnation, once we pay the appraised value, then we get
an order of possession so we can construct the trail. The issue before the court and jury is how
much should we pay. We can not grant her more curb cuts than what the Unified Development
Code would allow.
Alderman Ferrell: A jury can not come back and say that she should get the curb cuts?
City Attorney Kit Williams: No. The jury only determines compensation.
Alderman Cook: This is not a route we want to go for trail easements. Matt has worked with
those folks for a while and unfortunately we had to get to this process. This is the last piece we
need.
Mayor Coody: This is the only piece we had to condemn.
Matt Mihalevich: Over the past several years 40 acres of land and easement has been acquired
for the Scull Creek trail. That is 25 separate properties, 18 of the 25 property owners donated the
land and easements. That results to 80% of the land for free.
Alderman Cook: Easement acquisition is difficult.
Alderman. Cook moved to approve the resolution. Alderman Thiel seconded the motion.
Upon roll call the resolution passed 7-0. Alderman Lucas was absent.
Resolution 148-08 as Recorded in the office of the City Clerk
ADM 07-2711 (UDC Amendment — Chapter 166.08 Street Design and Access Management
Ordinance): An ordinance amending Title XV: Unified Development Code of the Code of
Fayetteville to amend Chapter 166: Development in order to adopt street design and access
management design standards.
City Attorney Kit Williams read the ordinance.
Leif Olson gave an overview of the ordinance. He also gave a PowerPoint presentation on the
proposed changes.
Alderman Ferrell: I understand where you are coming from. What did the Planning
Commission have to say about this?
Leif Olson: This did not go through the Planning Commission. We had elected officials asking
for an access management ordinance. We developed the ordinance and took it to the Street
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Committee. They gave us feedback, we worked some more on it, and took it back to the Street
Committee.
Alderman Ferrell: If an elected official asks for an ordinance then is it heard by the Planning
Commission?
Leif Olson: They can be taken before the Planning Commission for their approval and then
forwarded or they can be brought straight to the elected officials.
Alderman Ferrell: What if you have an elected official that requests that this go before the
Planning Commission?
Leif Olson: That is something you as a body can decide to do.
City Attorney Kit Williams: When you change the Unified Development Code we almost
always want to go through the Planning Commission to get their expertise. You do not have to
because you are the governing body but in the normal course of events it does.
Mayor Coody: I would not mind this going to the Planning Commission. I feel certain if
anything they will just improve it.
Alderman Ferrell asked about the variance process.
Jeremy Pate explained the process.
Alderman Ferrell voiced his concern about the variance.
A discussion followed on cul-de-sacs.
Matthew Petty stated he thinks this is a smart ordinance. In almost every situation cul-de-sacs
create more problems than they provide benefits. He stated this does not need to go back before
the Planning Commission.
City Attorney Kit Williams: I sent you a memo pointing out that there are certain parts of this
ordinance which I believe are illegal and unconstitutional and violates the rights of property
owners that abut certain streets. When we look at access management, we need to make sure
that we are not violating the constitution and legal rights of property owners who abut the streets.
I would ask you to be very careful about that. It is the City Council's responsibility as stewards
of the tax payer's money not to put yourselves in a position where we might be liable for
inversely condemning property because we have denied a curb cut.
Mayor Coody: I thought we made some changes in the ordinance based on Kit's
recommendation.
Leif Olson: Kit recommended that we take all the "shall" statements and make those "should"
j statements. Planning staff does not agree with that. This is being done in other parts of the state.
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Rob Sharp, Fayetteville citizen: I believe the access management and the block length issue are F
the most important City planning issues. Our system actually discourages connection. I think
sending it back to the Planning Commission is not necessary. I think it is time to act and that we
should approve this. I agree with the City Attorney that we can't have things that egregiously
takes peoples property, but I think if you take the "shall" out and make it "should" what you are
going to get is the same thing we have always gotten.
Alderman Allen: I think this is a good administrative amendment. I am very much in favor of
this amendment.
Alderman Thiel: I do not think we need to send this to the Planning Commission because we
have already debated it tonight.
Alderman Ferrell: Do you have concerns about what the City Attorney presented about the
possibility of some legal problems?
Alderman Thiel: No.
Alderman Rhoads: I have concerns. Maybe sending it to the Planning Commission is not the
answer. Maybe we should leave it on this reading and let Kit and the staff work out the issues.
When your City Attorney tells you it is unconstitutional it should make you stop and think about
things. I also agree that I would rather see "shall's" than "should's" on some of these issues. I
am in favor of this.
Mayor Coody: I think the intent of the City Council is to follow this as close as we can. If we
can come as close as we can to matching Rogers and Bentonville's ordinance and still give you
the comfort zone you need to where we can accomplish this goal.
City Attorney Kit Williams: Mayor, I have to take my advice from the Supreme Court of
Arkansas and not from the Rogers planners. I have already given you my advice and my advice
is that we could possibly put a variance procedure in just for this that would remove the
problems. That would certainly make it more legal.
This ordinance was left on the First Reading.
ADM 08-3020 (UDC Amendment — Chapter 166.20 Expiration of Plans): An ordinance to
repeal and replace Unified Development Code Ch. 166.20, Expiration of Approved Plans and
Permits, to allow administrative extensions and other amendments as noted herein.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief summary of the ordinance. He stated this maintains the same intent as
the existing ordinance but allows a couple of different options. In our opinion the Planning
Commission does not need to see this at least the first time. We are recommending this be an
administrative extension within one year. The second part of it adds six months, so if an
applicant misses the filing deadline for an administrative extension they would have an "
additional six months to apply before the Planning Commission. It also gives the Planning
Commission the ability to extend that one more year. There would be a maximum of three years
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to obtain all permits if all the extensions are granted. There are a couple of items that we have
added to this section as well, if a project receives an extension it has to meet all the ordinance
requirements at the time that extension is received. And if there is a specific issue that an
ordinance has been approved since that time, that the applicant could not meet, there would be a
variance procedure for that. Staff is recommending approval. Planning Commission voted 8-0
to recommend approval.
City Attorney Kit Williams: I strongly support this.
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.
Aubrey Shepherd: I agree that a lot of these things need to be simplified. If there is a way that
people will know these changes are coming and if notification is done well to the neighborhood
then maybe staff approval for these things would be workable.
A discussion followed on the ordinance and the Aspen Ridge project.
Jeremy Pate: With this ordinance staff can not do any more or any less than the Planning
Commission.
Alderman Cook asked Jeremy Pate to clarify the process.
Jeremy Pate clarified the process.
Alderman Ferrell moved to suspend the rules and go to the third and final reading.
Alderman Jordan 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 5155 as Recorded in the office of the City Clerk
Amend Chapter 173 Building Regulations: An ordinance to enact the Arkansas Energy Code
as a part of the Unified Development Code and to amend the energy code to add a provision for
an energy efficiency certificate.
City Attorney Kit Williams read the ordinance.
Thad Kelly: I am on your ad hoc committee. We enjoyed working for you. It has been an
honor and a privilege for us to work on your energy committee. We are proud to present our
work to you.
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Jeff Beaver, member of the ad hoc committee gave a brief history of the committee.
Jason Brannen, Arkansas Western Gas Company and committee member gave an overview of
how the energy code would work and the spreadsheet the committee formulated.
Mayor Coody: Do we have any questions or comments for the committee?
Alderman Thiel: I think we covered some of this at the agenda meeting.
Mayor Coody: This is a way, when someone buys a home, to let them know if they are going to
use disposable income to pay for utilities unnecessarily, or if they will have a more efficient
home, and put some of that money that they would be wasting toward whatever it is they want to
spend the money on instead of waste.
Thad Kelly: This is a voluntary program but it is a way for the city to have something that is
quantifiable and qualifiable.
Mr. Kelly requested that this be placed on the website. He also asked the Council to consider a
study of incentives that would show that Fayetteville appreciates a green solid sustainable
community. Then after a monitoring period another incentive could be given to the home owner.
This would show that the home owner is a good citizen and they are doing their part over and
above what the house was designed for. He went on to list other ways to offer incentives to
citizens to build energy efficient homes. He also commented on the fact that Steve Cattaneo
became LEED Certified.
Alderman Jordan 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 Lucas was
absent.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams: Before we go to the third reading, if you will look at Section 2, I
took that directly out of the statute, and it states that there must be three copies available and
open for public examination. Unfortunately there is only one. We can't pass the ordinance and
adopt this code until we meet the statutory requirements. We can't pass it tonight.
Mayor Coody: I know the State is very interested in looking at this program and seeing how it
unfolds here so they can roll it out state wide. That shows how Fayetteville is leading the charge
in the state and this part of the country.
This ordinance was left on the Second Reading
Public Forums was discussed before the Fayetteville Government Channel Policy during
the City Council meeting.
Fayetteville Government Channel Policy: A resolution to follow current Fayetteville
Government Channel policy that was approved by the Telecommunications Board and the
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Fayetteville City Council in 2006 as Resolution No. 27-06 until a new policy is approved by the
City Council.
Mayor Coody: We are going to be at a disadvantage because Susan is on vacation this week so
she will not be able to fill in some blanks that we need.
Alderman Allen: It is more logical to me to flip these two items. Does it take a vote?
Mayor Coody: No. I think I can just move along to the next one and come back to this one.
City Attorney Kit Williams: Normally we suspend the rules to change the agenda but whatever
you want to do.
Mayor Coody: Let's just go ahead and move to #6 then.
Public Forums: A resolution to allow the two previously planned forums (the location of
Fayetteville High School and the future of the Walton Arts Center) to be televised on the
Fayetteville Government Channel.
Alderman Allen: These forums were planned several months back. We had them set in place
and then we had the forum on forums and this one was shut down. We asked that the Telecom
Board review all of its policies and bring it back to us this following month, prior to that the
Telecom Board voted to move forward on this particular item. I also have a number of petitions
that have been signed by citizens who support the idea that we continue with these two forums
before next month. I am asking that the Council allow us to move forward with these forums.
Mayor Coody: In the planning process, who was doing all the work to put all this together, was
it the staff?
Alderman Allen: I requested the forum and the staff and I had worked together and gotten the
balanced participants and then it was shut down. Now that we have gotten a written document
from the Telecom Board saying that they would like us to move forward I would like for us to
discuss it and vote on this.
Mayor Coody: I called the League of Women Voters, who is in charge of directing forums, and
they said they took the request to do the forum for the schools to the board of League of Women
Voters and they voted not to do it because they wanted to focus on candidate forums. If that is
the case what organization was it that was doing the planning?
Alderman Allen: Well the way I found out that it had been canceled was through Joyce Hale
who is the head of the League of Women Voters. She said that when the Telecom Board was
asked to review their policy that they were pulling out of it. I did not learn about it from the city.
Mayor Coody: Yes, I think Susan apologized.
j Alderman Allen: She has apologized.
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Alderman Gray: I wonder about the Walton Arts Center forum because I received a call today -
asking about whom was serving on that panel because they had not been informed. It sounds
like the panels had been chosen and no one from the Walton Arts Center was considered?
Alderman Allen: No, we are not that far along with the Arts Center forum. Possibly Mr. Hilton
would know the answer to that question but I don't.
Mayor Coody: So if the League of Women Voter's isn't involved in any of this then who is
doing the planning?
Alderman Allen: Well, we just stopped the planning.
Mayor Coody: Who was doing the planning until it stopped then?
Alderman Allen: I talked with Mr. Hilton. We talked with people on both sides of the issue,
we informed the committee, and talked with the League. The way I learned it was stopped was
from the League.
Mayor Coody: We will just need to figure out where we are on that. I am sure you are right.
Alderman Allen: I have the email if you would like me to send it to you.
Alderman Thiel: I don't disagree with the way this has been handled, but because we are
waiting for a recommendation about whether to have forums, and these two forums are not
anywhere close to being completed, these probably couldn't even be produced by the time we get
a recommendation back from the Telecom Board.
Alderman Allen: I think that quite a few people are here to speak to that and maybe that can
happen.
Alderman. Jordan: Basically what I see is the Telecom Board made a recommendation to show
the forums. Nancy asked to have these forums shown and it was denied again. We have had a
citizen appeal that decision. We are obligated to listen to the concerns and either vote it up or
down.
Alderman Thiel: I don't disagree with that.
Alderman Jordan: It is not just necessarily whether they are going to be shown but I believe
that we need to vote because the Telecom Board has made a recommendation and sent us letters
to that effect.
Alderman Cook: When we change policies on other things it is usually grandfathered in under
the previous rules. These forums were in process and since they were already in process it's like
they are grandfathered in. Why not just do these two forums and then let the Telecom Board
bring forward their recommendation and we will tackle it from there.
_v
Mayor Coody: That is certainly a council decision.
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Alderman Jordan: If a decision had not been made and letters had not been sent that would be
one thing, but since it has been and we have received a letter I think we need to vote it up or
down.
Mayor Coody: How does this square with the last Council decision to send it back to the
Telecom Board?
Alderman Jordan: We are talking about the overall policy.
Alderman Ferrell: I go along with the notion that we asked the Telecom Board to look at this
and come back to us. My recollection of, this is it was after that that they sent us a
correspondence saying that they recommended that it be reconsidered if that happened. It was
my understanding that we were going to wait until we got the report back.
Alderman Jordan: My interpretation was the policy was one issue and the forums are another
issue. From what I understood they made a recommendation to show those two forums.
Mayor Coody: You are certainly welcome to do whatever you want to do with this. Obviously
the policy needs to be more clearly worded. I
Alderman Thiel: I just want to clarify one thing; they have not been produced yet. There is a
cost and time associated with getting them made. I want to make sure the public understands
that they have not even been produced yet.
Alderman Jordan: I am not arguing that point either I am just saying we need to vote them up
or down.
Alderman Thiel: To produce them.
Mayor Coody: You don't mean show them you mean produce them and then show them.
Alderman Jordan: Yes.
Mayor Coody: So who would be doing the producing?
Alderman Jordan: I don't know Dan all I am telling you is they sent us a recommendation to
show the forums.
Aubrey Shepherd, a Telecommunications Board member stated we have had two sub-
committee meetings trying to get these recommendations ready for August. At the sub-
committee meeting we voted that these should continue forward under the existing rules. These
were in stages and they can't be done as fast as we would like to see them. I think we should
consider letting those go forward.
Alderman Thiel confirmed whether the full Telecommunications Board voted on it or just the
subcommittee.
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Aubrey Shepherd: We confirmed what we wrote in the letter. That was a unanimous vote by
the full board.
Sky Blaylock, CAT Manager: I understand what the City has to go though with this liability
thing. If the city were to program the channel with something that someone decided to sue the
city about, the citizens would be paying for that suit. The CAT Board discussed this also and
any of this programming that needs to come to the CAT Channel is welcome. I would hate to
see a staff member of CAT have to develop programming for people. We can show them how to
do it and help them with the process. CAT is up for the task.
Jim Bemis, a citizen spoke on the forums and asked are the forums legal and constitutional.
City Attorney Kit Williams: You can create an unlimited public forum on the Government
Channel and that would be legal to do that. If you try to create a limited public forum, that is
very difficult to do in a first amendment context because any time you start trying to decide who
gets to speak and who doesn't, government can't be in that decision making process. We can't
decide which viewpoint gets expressed and which viewpoint doesn't. When we talk about a
limited public forum I think we are kidding ourselves. We have not had any problems that I am
aware of, with forums that have been on the government channel, but if we ever do, it is too bad
because we can not choose which viewpoints we want and we shouldn't. That is why it is a three
part; public, education and government. Public is the free speech, education is for the schools
and government is for the government.
Jim Bemis gave examples of past forums that have been held on the Government Channel. He
stated the Telecom Board has control of policy but City staff administration has control over
procedures. The limited public forums language was put in procedures so you won't find them
in policy. The sub -committee suggested putting the limited public forum language back into the
policy. We have had that for fifteen years and it's worked with no complaints. You have had a
City employee deny an elected public official a forum twice. How do you want the City to
operate in terms of denying any public officials request for a forum?
Marvin Hilton, a citizen stated there was a recent clarification sent by Shelli Bell and it
basically says that you can have a meeting in any kind of format. He went on to read a definition
of "Limited Public Forums" from the city of University Place, Washington.
Mayor Coody: So it says that the Government Channel is open to certain groups?
Marvin Hilton: It says a public forum that refers to a non public forum that the government has
intentionally opened up to certain groups or to certain topics.
Mayor Coody: So the government would be dictating what certain groups or topics are
acceptable for on the Government Channel?
Marvin Hilton: Yes.
Mayor Coody: That is exactly what Kit has been arguing against because the government
should not be saying you can or you can't. That is not where we want to be.
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Marvin Hilton: What it gets down to is if you are going to have a Government Channel you
If have a perfect right to determine what the concerns of the governments are.
Alderman Allen: Would you explain to the Council the fairness committee, the purpose of it,
and what you intend it to be. What will be recommended to the full Telecom Board from your
sub -committee?
Marvin Hilton: In the new policy we have included something we are calling a fairness
committee. It will be up to the committee if there is a question about a forum or other program
to see that they are done according to policy.
Mayor Coody: Assuming that the City Council votes yes to move forward with the forums,
who sets them up, picks the panels, produces the shows, and all that?
Marvin Hilton: The one about the Fayetteville High School, I had that one pretty much put
together. Usually you can find someone in the community who has a great interest in these
things. You can set up an Ad Hoc Committee to see the process through and make sure that
everybody is satisfied with the participants and the moderator. In the future the fairness
committee would do that.
Chris Harlow, a producer for Community Access Television stated CAT would be the
appropriate place for public forums because the City wouldn't be liable if these were broadcasted
on our station versus the Government Channel.
Bernard Sulliban, a member of the CAT Board stated I would like to support Alderman
Jordan's viewpoint as well as Alderman Allen's concern and appeal to you folks to at least green
light this particular agenda item for these two public forums. He went on to speak on the
liability and limited forums. He stated the CAT Channel is the proper channel for the issue
forums and is both willing and able to offer assistance to the citizens of Fayetteville. He went 6n
to give other reasons why CAT should handle the public forums.
Mayor Coody: So essentially CAT would welcome this?
Bernard Sulliban: Yes; the full board was unanimous in its assessment that it would be an
appropriate and available venue to do indefinitely for issue forums.
Mayor Coody: I am still confused about the production of all this and who would actually be
producing it.
Bernard Sulliban: Depending on which channel, if it is on the Government Channel it would
be a city employee making the phone calls and inviting the panelist and if it is on the CAT
Channel it is the producer.
Mayor Coody: If it is on the CAT Channel the volunteers get together and do it and if it is the
Government Channel we have to pay staff to do it.
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Bernard Sulliban: Exactly. That is a concern for persons like me. If I want to host something --
on CAT I can invite anyone I want to and you can't do anything about it except the producer on
the show. That is the downside to it, if there is one.
City Attorney Kit Williams: We are kind of at a loss because we do not have Susan here. I am
afraid we might put her in a box at this point in time. At the last meeting where this was
discussed she said she was enforcing the policy as she believed it was written at this point but
subject to change by the City Council or upon recommendation of the Telecom Board. Because
of the problem of trying to figure out what a limited public forum was- she felt it was improper to
continue putting public forums on the Government Channel.
There were some comments made that limited public forums were taken out of policy and put in
procedures. I call your attention to page 8 of 22 in the agenda packet, which is the most recent
policy on the use of programming the Government Access channel. The policy states limited
public forums are the third level priority. The policy needs some work. I would think it is
premature tonight to decide if something should be cable cast. I think the issue still remains on
where you want the public forums shown. Everyone is in favor of public forums on these issues.
Alderman Allen: When these forums began in 1992 why was it not until 2008 before you
became alarmed?
City Attorney Kit Williams: We have answered this before but I will try to answer it again. I
don't get cable television therefore I do not watch the government channel or CAT so I was not
aware of these forums. I have been on a forum but I assumed it was going to be shown on CAT,
the public access station. I did not realize this was happening until the forum on forums at that
point I was educated. That is when it dawned on me that we were creating a forum on the
government channel and I was aware that there had been court rulings that when you create a
forum, especially if you do it knowingly, even if you don't want to continue it in the future the
courts might not let you close it. There can be problems with public forums, especially if you
don't want the public to turn on the government channel and think that you are endorsing some
sort of radical, political position, that this is the government speaking. I think we should try to
get all the partisan possibilities off the government channel, let's just make it be the government.
That was my recommendation to Susan.
Alderman Allen: I don't know whose responsibility it is to be appraised of those things but I
thought it was yours.
City Attorney Kit Williams: Unfortunately I just can't know everything that the government is
doing at all times. I will certainly admit I do not know everything this government does. I will
give you my best advice when something comes up that I know about and that is what I have
done in this case.
Alderman Thiel: If the Telecom Board recommends that we have issue forums and if we take
their advice and do that we are going to have to look at adding back a position because this does
take money. I think that is going to have to be part of the discussion. I am not saying I am
opposed to it.
Alderman Rhoads: What does it cost a citizen to put on the forum on the high school on CAT?
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Sky Blaylock: There are several ways you can go. You can get a community access producer
who is already producing programs, which is free. You can ask for a long take which is thirty
minutes and that is free as well. If CAT produces a show it is $50 per hour. $200 is a normal
budget for a production at CAT and sometimes less.
Alderman Rhoads: I am having a difficult time understanding why we have to potentially hire
someone else to work on the government channel. Why is this even an issue when if you want to
put these two forums on you can do it three different ways and two of them will cost nothing and
the other one will cost $200? I am not sure why we are sitting here talking about all of this.
Alderman Gray: The main issue is the money, why can't we put all these things on CAT, is it
because it cost money?
Alderman Thiel: We have talked about the fairness of CAT. The government channel is
mandated that it must be a fair and balanced program.
Jim Bemis: It is not about money, it is about fairness. It is about how the government channel
was set up in the first place. If you have unlimited money you can have an unlimited number of
programs on CAT. I am a big proponent of CAT, but CAT's job is not to do government
programs. You are going to have to go back to the difference between a program that meets
limited public forum criteria and those that are produced on CAT which does not have to meet
any.
Alderman Rhoads: I have absolute confidence that between the Telecom Board and this City
Council that down the road we can come up with the right answer on where these things should
be, but in the meantime if everyone is hot to produce these two shows why not go to CAT and
produce them and let's move on and see what we can do down the road.
Alderman Thiel: I don't want the public to misunderstand. I know the difference between
CAT and the government station. I agree with Jim about what can be shown on which one. At
some point when we discuss whether or not we are going to continue having forums we are
going to have to discuss replacing an FTE that we do not have right now.
Alderman Ferrell: It is my understanding that they have an existing person that has been given
more responsibility. This is going to be resolved. As far as I am concerned the government
channel could show only government meetings and candidate forums.
Mayor Coody: The concern I have is if we went to court and the judge asked "did you know
that if you produced and showed these shows on the government channel that you were opening
yourselves up to a public access move on the government channel" the answer would be yes.
The next question would be "and then did you do it" and the answer is yes again. Then we have
two public access television stations whether we want them or not. I like the separation of
duties. CAT is very good at what they do. It is important for Fayetteville to have freedom of
expression and speech on Community Access Television. The government channel needs to be a
way for people to know what their government is doing.
City Attorney Kit Williams: I am concerned that if we have talked about this and we go ahead
and do it, then we have intentionally created a public forum. Up until this point in time we have
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done these public forums but I don't think that we realized the implications of that. Now we will
be taping those after we know that we a creating more unlimited public forums than I would be
comfortable with.
Alderman Allen moved to approve the resolution. Alderman Jordan seconded the motion.
Upon roll call the resolution failed 3-4. Alderman Cook, Allen and Jordan voting yes.
Alderman Gray, Thiel, Rhoads and Ferrell voting no. Alderman Lucas was absent.
This resolution failed.
Fayetteville Government Channel Policy:. A resolution to follow current Fayetteville
Government Channel policy that was approved by the Telecommunications Board and the
Fayetteville City Council in 2006 as Resolution No. 27-06 until a new policy is approved by the
City Council.
Alderman Allen: I think we have already hashed this out. The Telecom Board recommended
that we continue to keep things in place until they bring us their new policy.
Aubrey Shepherd: You can watch the subcommittee discussing these items.
Bernard Sulliban: This seems to be mute at this point.
Alderman Allen moved to approve the resolution. Alderman Jordan seconded the motion.
Upon roll call the resolution failed 3-4. Alderman Cook, Allen and Jordan voting yes.
Alderman Gray, Thiel, Rhoads and Ferrell voting no. Alderman Lucas was absent.
This resolution failed.
Meeting adjourned at 10:20 PM
Dan-Coody, Mayor
E. Smith, City Clerk/Treasurer
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