HomeMy WebLinkAbout2003-03-18 MinutesCity Council Meeting
March 18, 2003
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REVISED
MINUTES OF A MEETING
OF THE CITY COUNCIL
MARCH 18, 2003
A meeting of the Fayetteville City Council was on March 18, 2003 at 6:00 p.m. in Room 219 of
the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Davis, Lucas, Jordan, Mayor
Dan Coody and City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and
Audience.
CONSENT:
APPROVAL OF THE MINUTES: Approval of the March 4, 2003 meeting minutes. Revision
of February 18, 2003 meeting minutes.
BOND ISSUES AND LEASE AGREEMENTS: A resolution of intent to reimburse for
bond(s) issues and lease agreement(s) for 2003.
RESOLUTION 38-03 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
FLYING INVESTMENTS, LLC: A resolution to review and approve ground lease to Flying
Investments, LLC for construction of a hangar and office/shop at Fayetteville Municipal Airport,
Drake Field.
RESOLUTION 39-03 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
Alderman Davis moved to approve the Consent Agenda as read. Alderman Jordan
seconded. Upon roll call the motion carried unanimously.
OLD BUSINESS:
COMPOSTING SITE: A resolution authorizing staff to begin the purchasing process for a
compost row turner and to solicit bids for a contractor to construct the compost pad. The
resolution was tabled at the February 18, 2003 City Council meeting.
Alderman Jordan moved to table this resolution indefinitely. Alderman Marr seconded.
Motion carried unanimously.
City Council Meeting
March 18, 2003
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COMPACTOR AND DROPBOX BUSINESS EXPANSION: A resolution approving a
budget in the amount of one million one hundred seventy-three thousand two hundred eight
dollars ($1,173,208.00) to allow the Solid Waste and Recycling division to implement a new
commercial drop box program. The resolution was tabled at the February 18, 2003 City Council
meeting.
Alderman Marr moved to remove from the table. Alderman Jordan seconded. Upon roll
call the motion passed unanimously.
Gary Dumas addressed some of the questions about this program. One of the concerns has been
the discussion of the residential composting and recycling program last year when we talked
about the need for an additional half million dollars or so in revenue for that program. Some
concerns have been as I understand, if this new program expansion for the large commercial
customers was approved that there might be uncontrolled rate increases for that large commercial
sector in the future in order to cover that necessary income needed for the composting and
recycling operation. I think that we all learned something last year when we talked about the rate
increases for the residential system in that what we need to do first if the Council approves this,
the large commercial rates will be adopted by Ordinance by the Council. I would suggest that if
we get into a need to review our rate structure that we look at all the rates of the system, the
residential, the small commercial and the large commercial together so that there can be an
equity built into the system that is based on the Councils desires and we would not be looking at
just one sector of the solid waste system, make decisions on it and six months later look at
another sector. They are all special areas that we would like to protect, so if we look at them all
inclusively we would be looking at all those special areas that we want to protect at one time
instead of separately and hopefully we can maintain a very viable solid waste system as we have
right now without penalizing any one user group. That is something I would recommend if you
do choose to approve this. I would recommend that anyway to look at all of our rates what ever
the business lines are in the future all at one time instead of looking at them separately. I have a
short presentation that talks about what some of the large container rates were in the community
as best as we could determine. I think they are fairly accurate. The rate structure that we
proposed that has been in existence now for some time at solid waste is $150.00 for a service call
with a lease rental depending on the container size if it is open top of $37.00 for 20 yard, $40.00
for the 30 yard and $45.00 for the 40 yard, plus disposal. This has been the rate structure that we
have had for a while.
Alderman Davis asked Mr. Dumas to repeat the rates.
Mr. Dumas said $37.00, $40.00 and $45.00. Mr. Dumas went over the memo where they talked
about how the funds would be expended. There is about $550,000.00 in equipment, the
equipment that we are talking about are for the containers. Those containers are leased out; they
will be purchased in small groups, and then leased out to the customers. That lease rate recovers
that capital investment plus eight percent over eight years, so that we have recovered enough in
that initial term to replace that container when its life is up and hopefully its life will be much
City Council Meeting
March 18, 2003
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more than eight years. Eight years is a fairly reasonable term for some of the containers. The
vehicles which is another $130,000.00 a piece, almost a half million dollars, those will be paid
for out of the fleet fund and there is built into the fleet charge backs to the various user
departments, a more than adequate replacement rate that covers replacement, repairs, all of the
expenses of the fleet, that a vehicle would have in the fleet. When we talk about the $150.00 rate
it recovers the operational expenses, which are vehicles and personnel, and the operational
expenses for the vehicles and the personnel. The lease covers the containers. Does this make
sense?
Alderman Marr said your explanation makes sense.
Mr. Dumas said when we talk about the return on that $600,00.00 or so in operating cost what
we are doing is not utilizing the equipment purchase in that revenue except for just that
replacement. There is approximately $92,000.00 in administrative cost, depreciation and
building expansion cost that are expenses; there is about $77,678.00 in current expenses that the
system is now absorbing just in administration and depreciation. What we will be doing by
expanding this service is spreading those expenses over a larger basis. There has been some
discussion about the rate of return and the fact that this proposal only makes $3,592.00, ideally it
wouldn't make anything, because the purpose of the government is not to make money the
purpose of the government is to provide as efficient a service as possible and as economically as
possible, that's what I think we have done here. The Council if you choose as you discussed last
week to delete the dispatcher that would add $30,000.000 to that bottom line which could easily
be taken up in additional depreciation for the other fixed assets of the system. Mr. Dumas asked
if there were any questions on the background that he has provided. Mr. Dumas presented a
slide presentation. In September 2002 Roll Off Services attorney mentioned that they had
recently acquired a contract in Gravette and Decatur and lost one in Sulphur Springs. I talked to
the Mayor's of these three communities to try to find out what there rates were and this is the
contract rate not the actual rate that the actual rate that the customers there may be paying,
because I think in each of these communities there is a sur charge added on. In Gravette the
contract was $6.40 with fairly limited additional services and $3.90 per cubic yard for
commercial waste. In Sulphur Springs, which was an American Disposal contract, not a Roll Off
Service contract, $5.75 again with fairly limited services that they provide and $3.90 for
commercial disposal. Decatur $7.90, no yard waste, no recycling, twice a year curb side bulk
pickup and I cannot explain the $17.00 per cubic yard commercial disposal cost except that is
what the Mayor told him. There were some discrepancies in some of those rates, but we are only
talking about the commercial side of the equation now, $3.90 in Gravette $17.00 indicator and
the cities commercial rate is $3.78 per cubic yard. There is no comparison between the services
that these other communities were getting and what the citizens of Fayetteville get. A lot of
these services here could just as easily be considered expenses of the system as they are expenses
of the residential program, but now all of these services are incorporated within the residential
rate structure. Perhaps what we should do in our rate analysis is take out some of these that are
basic system cost, they may even be most reasonably allocated to the commercial sector rather
than the residential sector, but in the past that is just the way that all of these have been
City Council Meeting
March 18, 2003
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considered recycling efforts and therefore have been considered part of the residential portion.
Those are some of the things that we are doing. We did get some information on what some
rates were in some of the larger commercial businesses, for example, this is third party
information as of August, 2002, for Walmart, Harps and Hanna's they were all $120.00 a service
call plus disposal at $28.85 a ton. Kohl's was $115.00 a service call plus $28.80 a ton plus
$75.00 a month rental. Some of the open top rates, that we collected ourselves by making a few
phone calls, on March 10`h the 30 yard container, you can look at the various numbers, was
$338.00 of one service call per month, the 40 yard $350.00. Back in February the cost for a 40
yard was $418.00. On Waste Management we have some information primary from the City of
Rogers that has an exclusive franchise with Waste Management and these number are from their
ordinance but you can go through the various ways to get to the total cost per month, for example
those rates would range is you had a 20 yard open top permanent container is $238.00, plus the
initial $40.00 delivery fee, plus $82.20 for the monthly container rental, plus a two hour haul
minimum of $131.00. The minimum price would be $491.00 and if you went with the largest
container, up to $739.00 per the ordinance in Rogers. Temporary service rates are higher than
that as per the ordinance. We have a little bit of information from a few locations here in
Fayetteville, Tyson Foods Location 1 $ 120.00 per services call, $36.00 per ton, plus $325.00 per
month lease. Tyson location 2 - $120.00 per service call, $36.00 per ton, plus $125.00 per month
lease.
Mayor Coody asked Mr. Dumas that is a pretty big discrepancy between the lease rates is that
based on the size of the container?
Mr. Dumas said he did not know. There are discrepancies all across the board in these and that's
why I think what we would do is to have our rates adopted by ordinance so everyone would
know what they are, what to expect, what to plan for and the Council would be the recourse in
changing or leaving the rates as they are as the system moves forward in the future. We have
one fairly good example here as what has happened since we have entered the market. This is a
local business that has asked that their name not be used, prior to January, 2002, their average
monthly bill was $5,280.00, since we acquired the account, and their average monthly bill be
$4,011.00 for a savings of $1,269.00 per month on average. They are saving money and we are
making money on the account and we are servicing it very well. If Waste Management wants to
talk about it they can tell you who it is, but there was a head to head competition on service
levels and the business chose to move to us.
Mayor Coody asked if there were any questions for Mr. Dumas
Alderman Thiel said the two concerns that she has was the price going up eventually and the
other concern is that right now the service is very good because of the competition and they are
concerned that the services won't be as good, so I guess I want some assurances from the City
that the services will be as good and that they will whenever they call they will have someone
there johnny on the spot because that is really critical particularly on construction sites and areas
like that.
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March 18, 2003
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Mr. Dumas said that is a very real concern that any customer of any business would have
especially in an exclusive franchise, I guess my response to that is we have an exclusive
franchise now on the residential system and small commercial and that with very few exceptions,
and there is always an exception, but I don't think there are any complaints by any of our
customers. The people down there strive to provide that service they have strived to provide
that service on the limited number of large container customer we have now. We have a
extraordinary competent staff and competent management down there and I don't think that any
of the things that have been accomplished, even before the current administration there was a
very good staff down there who did a bang up job, I think it has only gotten better since then and
there is no reason to think that it would so anything but continue to improve.
Mayor Coody asked if there were any other question.
Alderman Reynolds said he would like to ask the City Attorney to rule on is he thinks I have a
conflict of interest in this solid waste matter.
City Attorney Kit Williams said Alderman Reynolds I saw the newspaper political ad posing that
question so I thought about it and I realize that your daughter does work in the solid waste
division and has done that for a couple of years or so, I am not sure exactly how long, obviously
her job is not dependent upon whether or not the city decides to expand its commercial
operation, she has been working there for a couple of years under the system where we didn't
expand into commercial operation. Therefore I could not see how you would have any conflict
of interest in making a decision whether or not the city should expand into commercial
operations, I do not see how that could affect your daughter at all and therefore you would have
no conflict of interest in my opinion.
Alderman Reynolds thanked Mr. Williams. Gary I had an industrial customer call me from our
part and he said if he needed a dumpster pulled in 30-45 minutes he could make that call and it
would be done. Do you think the city would be able to furnish that same service level?
Mr. Dumas said yes. I can ask the people who respond to those questions to respond to that
question if you would like also, they are here.
Alderman Reynolds said he was satisfied.
Alderman Marr said one of the questions that he has is there are different types of waste and I
guess I want to know by this decision that we are looking at tonight is special waste a part of the
program, not a part of this program and if it is in some cases and not in other could you explain
to me what the parameters are gong to be.
Mr. Dumas said we will not be hauling any special or hazardous waste, we are not licensed to do
that and we do not want to be licensed to do that. We had a request last year from Hiland Dairy,
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March 18, 2003
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the person that comes to get their spoiled milk didn't come to get it so they wanted us to come
and take it. Which at the front end that was a pretty good idea, mix it with the our compost for
example to add some moisture to it, but our license for the transfer station does not allow liquid
on the transfer station floor and our license for the composting area doesn't allow that kind of
product in the compost, it is just milk, but we could not haul it. Fiberglass is a special waste also
we would not haul it either. Anyone who currently has a special or hazardous waste hauler
would maintain that contract with them.
Alderman Rhodes asked Gary as far as the Council setting rates what factor and I presume you
will make a recommendation on how we should go about setting those rates, but what factor
should we consider?
Mr. Dumas said the basic factor is that this operation should pay for itself. The rates that we
have proposed do that, the Council is up to do whatever they choose. I would suggest that might
be a variable portion of that would be the amount of depreciation or administration that you
would allocate to this program. That could be a big number, much bigger than we proposed or it
could be what we proposed which I think initially at least is a very reasonable number until we
get into a comparative rate analyst on all parts of the system which I would not expect to happen
for another year or two.
Alderman Rhodes said how to we factor in as you walked us through those slides I was unsure
exactly if we were ever getting an apples to apples comparison with what was out there being
charged to people in the community. How would we go about seeing where are potential or our
proposed rates would fit in with the rest of the competitors?
Mr. Dumas said I think the rates have dropped in the community over the last couple years, one
when Roll Off Services first came to the community and then secondly when the city got into the
business back in late 2001, early 2002. I think that we have had a very real impact on the rates
that the commercial customers are now paying. I think that is fairly obvious in the fact that one
fairly large commercial customer that I used as an example decided to come with us, and that
was not only based on rates although $1,000.00 per month for even a large business is still
$1,000.00 per month, but it was based on our ability to provide the service that they wanted also.
I do not know if there is a definitive answer except what it cost to provide the service. You can
see from the numbers that the rates charged in other parts of the area and even in the City of
Fayetteville were all across the board. Maybe it is whatever the market will bear but it was
beyond me to understand that logic in looking at it too.
Mayor Coody asked do you think those prices could have been negotiated business by business
and not just.
Mr. Dumas said he was sure.
Mayor Coody said so there wasn't a consistent policy that what it appears.
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Mr. Dumas said our rates are set to recover the expenses of the system, that is the basis of it and
for the Council who were here when we first got into this, you allowed us to play with the rates a
little so we could, not play with the rates, that is the wrong term, but to adjust the rates
accordingly so that we could find exactly what our expenses were and what the market was.
What we found was that the market was well above what our expenses were.
Alderman Davis said competition as I see it is good, as you brought out a minute ago one
business has saved $1.029.00 per month because of the competition, that is wonderful, I think
that is what we want to see in the community. We also have two other providers, you have Roll
Off and Waste Management, we being a third, I am not sure that the city needs to get involved in
another aspect, I looked at the city, we need to supply those things that others can't, such as
water, sewer and things of that nature. I am not sure that we really need to continue to go further
outside of what our public services really should be in my opinion. That is just my opinion.
Concerns that I have, this is definitely a profit center I know for Waste Management and Roll
Off, I assume right now we use the Waste Management landfills to dump our trash. They pick it
up from the transfer station and take it for us, is that correct.
Mr. Dumas said that is correct.
Alderman Davis said if we begin to take away their profit center on the commercial side what
can our residents expect to see as an increase, because you have all of the sudden taken away a
businesses profit center and they have to make up that profit somewhere along the line
possibility, so what do we see the residents facing in the future as these contracts come up for
renewal for landfill space along with the commercial side, because once again we have taken
away that profit center.
Mr. Dumas said the response to that is we have a contract with Waste Management right now
and they will honor that through the term of the contract, which has another 2 plus years to run. I
would think that when that contract does expire I would suspect that whether Waste Management
continues to haul large commercial waste in Fayetteville or not there will be a rate increase just
because of the expenses that they incurred last year. Probably substantial which will pale by
comparison of a loss of a half a million dollars per year or so from the Fayetteville waste hauling
Waste Management portion of the business, but in anticipation of that increase already we are
beginning to explore other options when that contract does expire which might include the city
hauling our waste to some other approved landfill, it might include another provider for that
service. We or they will have to take it to an approved landfill that is the only given. I would
expect regardless of whom the provider is and even if the city, there will be an increase.
Alderman Davis said do you see where I am coming from, if you take away some ones profit
center the chances are you are going to receive a bigger increase in the long run than if you allow
them to be a competitor of yours for a segment of the business
City Council Meeting
March 18, 2003
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Mr. Dumas said he thinks there are probably different business centers in Waste Management,
that's transfer station services and land fill providers, but whether those profit centers merge at
some port higher up the corporate ladder, I don't know, I'm sure they do, but regardless we will
be looking at all avenues to maintain an attractive disposal rate, I'm note sure what it will
include, but we will look at all those options.
Alderman David asked Mr. Williams should we pass this tonight should the city begin to take on
more of the trash throughout the community and we are actually picking it up and someone else
is transferring it to the landfill does than increase our potential liability exposure for super funds
in the future if and when we find that landfill has contamination because we are little more
involved now, in this case if we pass this vs. what we ere before if we approve this evening.
Mr. Williams said if there is any increase in our exposure it would be very minimal I think, our
current contract with Waste Management is for them to run the transfer station, the trash
becomes theirs at the time it is dumped at the transfer station then they load it and deliver it to
the proper landfills which happens to be their landfills. That is something we have to look at
very carefully in two years when we renegotiate that contract or decide to do something else with
it, that is the place where potential liability would be much more likely to arise, here we are
already collecting commercial trash and a lot of residential trash and so if there is any potential
liability we are just slightly, but I think it is minimal compared to what we need to look at when
this contract expires and we have to decide again who is going to do the transfer station and who
is going to take control of the trash at that point. Hopefully the way the contract was written up
and it is my understanding that it pretty much when we dump the trash at the transfer station it is
no longer ours, we give it up to Waste Management, they then assume jurisdiction over it and it
is their responsibility to transport it to a proper landfill and have it properly land filled. I think
we are fairly well protected at this point in time.
Alderman Davis said does that mean that once their liability limits are fully used then the city's
policy probably somehow the citizens would be responsible and be layered in regardless,
depending on what cities are involved and what percentage of trash they themselves have
possibility contributed to this.
Mr. Williams said it is possible, when you are dealing with trash you are dealing with something
that they try to spread the net as wide as possible, fortunately Waste Management as you are
aware is a very large company and handles probably the largest trash hauling company and trash
disposal company in the United States and so we hope that case will never happen and it will
never be beyond their limits of liability if something happens. Also they have done a very good
job at our transfer station and disposing of our trash despite some problems with the local landfill
they have several other landfills, I think for the most part they have a fairly good record I think
of disposing of it despite some of the problems at the Tontitown Land fill when eventually will
be closed and we will have to use other landfills.
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March 18, 2003
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Mr. Dumas said the transfer station just the way the operation works it's unlikely, not
impossible, but unlikely that inappropriate waste is going to get hauled out of there. Just by the
nature of the operation, the fact that it comes in is dumped on the floor and then actually handled
twice after that, so there is an opportunity to observe what is leaving the facility, vs. at a landfill
when the trucks just pull in and its out in the middle of wherever and it's dumped and then it is
covered by large equipment. Here it is dumped on the floor, it's observed by the driver, it's
pushed around by the transfer station equipment operator and then it is compacted into the trailer,
so it is observed three times after it is dumped on the floor at a minimum.
Alderman Davis said he has had some calls from some of the business individuals in the
community and they have indicated that they have a rate but they are also able to get dollars back
for recycle able items such as cardboard, glass and things of that nature so you may show a
$250.00 rate but actually in reality it is less than that because of the return they get for the
recyclables that they contribute.
Mr. Dumas said we have talked about that and we even had some large cardboard user give us a
call yesterday and I tried to get what their return was on their recycling. What we are talking
about here first of all is just the waste that is going into the landfill. The recycling rates would be
different and if they are a large user and they do recycle we can provide the same type of bulk
that any other private company might provide because we broker our recycle able right now also.
Went we get an adequate supply we check the market, find out whom the highest bidder is and
call them to come and get it or haul it to them. We can provide for those large contributors
because we will be making some money off of it also, a return just like any other providers do.
Alderman Marr asked what are the most volatile areas of rate impact?
Mr. Dumas said probably at this time fuel, and that is going to impact not just the commercial
but the residential also. We have been looking at fuel increases already over the past six months
and if they continue to increase the way they are that could be substantial. Every operational
department budget it would have a significant impact on their budgets.
Alderman Marr asked if there were other areas.
Mr. Dumas said he could not think of any that would have a short term impact, all of the others
increasing volumes might require additional vehicles but then that additional vehicle and
equipment is going to be paid for by the users anyway so that's not something that is going to
impact the rate, it would just impact the overall cost of the system. I can't think of anything that
would have a short-term impact except for fuel.
Alderman Marr said we received an article on going into going into business, an article on
decisions that should be made and looked at when making this kind of decision. It talks about
areas as to why someone would want to go this route and it gave options of increased control of
waste stream, increase revenue potential, act like a business spreading your overhead over a
City Council Meeting
March 18, 2003
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larger base, improve quality control cost, implement policy objectives and when a city gets into
it competitively spur competition. Which of these areas is the primary reason for pursuing this?
Mr. Dumas said he thinks there are three areas. Spreading the overhead cost across a larger
basis. But I think more importantly it is controlling the waste stream to try to encourage
throughout the system the same types of programs that we have tried to promote in the
residential sector, that being the recycling effort and the reduction of waste going into the
landfill.
Alderman Marr said it also gives obstacles or challenges or things to be concerned about one of
them is experience and know how, so I guess my question is do we have the management
expertise on staff to do that and if so could you give us a little background about why you think
we do.
Mr. Dumas said the current group cannot take credit for all the improvements that are in the
system that is out there now. Three years ago there was a very efficient system in place the
Council made a lot of decisions back in the late 90's that I think helped make the system become
what it is I think that in the last couple of years thought we have made some leaps in knowledge
and abilities in the system. One of those is the current environmental affairs administrator who
has very serious experience I will not get into the decades in managing waste with a very large
waste hauler in the U.S. that perhaps the City Attorney mentioned a while ago I think that the
teamwork down there, the ability of the group to come together through a lot of adversity shortly
before I got here, I think it is an extraordinary good group down there now, turnover has reduced
almost to nothing and there is an extraordinary team spirit that, I think that is indicative at how
they have handled their expansion over the last year or so and the way they provide the customer
service to those new large commercial accounts and existing small commercial accounts.
Alderman Marr said you have given us an outline of the container impact, the fleet impact, are
there any issues on future computer systems or billing system, that we going to need to do that is
there any anticipated upcoming cost related to the administrative functions of this.
Mr. Dumas said there will be some issues in the billing system but we will be using the billing
office now. Whatever issue those are they pale in comparison to the change that we have had to
go through with the multiple size carts, as we are going through right now and the new billing
system that will be in place as a result of that come April and May. There will be a few issues
I'm sure there always are when you expand a program like that, but I don't anticipate any
increase in staff required at either the solid waste division or in the budget and accounting area.
Alderman Marr said did we consider any other alternates, did we look at the degree of
exclusivity compared to taking it all, did we look at franchise arrangements, setting service
covered areas, whatever the issues that we were trying to control before we made this
recommendation.
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March 18, 2003
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Mr. Dumas said there was a cursory evaluation at franchising the system out and I think if you
look at what the small communities of Gravette, Decatur and Rogers also they have added a
service call to the contract price. In Rogers, you can see that those rates up there by their
ordinance are fairly substantial compared to even the private hauler here in Fayetteville. There
was some discussion by one waste hauler of providing a $30.00 franchise fee per service call. It
did not take very long to think that that $30.00 franchise fee per service call is going to be an add
on to their bill every month which is going to be identified as a franchise fee to the City of
Fayetteville, so there would be a franchise fee in addition to their profit, which it is a business
they have to make a profit, but if we could provide the same service with the same efficiencies
and customer service levels that they are or better than they are and save the $30.00 franchise fee
and save the profit, spread the cost of the system over the larger basis and save the customer in
some cases substantial annual or monthly bill, it did not take much thought to come to the
conclusion that we should be providing the service. There may be some debate on that but I
think that franchise fee plus profit is a substantial savings right off the top that you are saving the
consumer, if we can provide the service and I think that not all communities may have the same
type of system that Fayetteville is lucky enough to have in the solid waste area but we have a
good system, even though it is trash it is something we all make and we all have to get rid of
every day. If it does not go away every Monday morning I am going to be upset and so are you.
It is the same thing whether it is a residence or a business.
Alderman Jordan said how much commercial waste do we generate per day in the city, do you
have any idea.
Mr. Dumas said no. City wide no, 136 tons is what we haul. There is suppose to be as I
understand in the solid waste regulations of the state some reporting that goes on to the waste
management district, I am not sure if those numbers are getting in or not, that number is suppose
to be available, but I don't think it is.
Aldermen Jordan said we will not have any sites inside residential areas where will be any
containers left open will we.
Mr. Dumas said no. We will store all of our equipment at the Happy Hollow site in a neat
matter, which I hope you think we keep it pretty neat right now.
Alderman Jordan asked Mr. Williams I have heard a lot of talk and have received a lot of letters
that they think it is illegal for the city to venture out into this commercial business and take it
completely over is it illegal for the city to do that.
Mr. Williams said I think the correct answer is no it is not I gave you memos to this effect in
August, I sited the ordinance that has been on the books for more than 40 years in Fayetteville
that gives us the right to control who would pick up trash, that they are suppose to have a
contract with us. There was a specific law passed by the legislature and the solid waste
management act is I think what it was that gave the cities the power to control the trash flow and
also the responsibility. So you have both the power and the responsibility t do that. It also gives
City Council Meeting
March 18, 2003
Page 12 of 33
the cities the right to enter into an exclusive franchise agreement and that is what Rogers has
done and I think probably that is what Springdale has done. I think it also gives us the right to
enter into a comprehensive plan and run it ourselves plus I think we have the right just under
general police powers and things like that even without that particular act because trash was
picked up long before that act was even instituted. When I wrote that memo there were five
different basis I found in Arkansas law that I thought gave us the right to do this if that what the
City Council wanted to do and I think that what you decided to do back on August 20, 2002
when you passed the resolution for an action plan to implement the consolidated solid waste
management plan for Fayetteville. I think this is kind of the combination of it tonight.
Mayor Coody asked if there were any more questions for Mr. Dumas. There were no more
questions. The Mayor then thanked Mr. Dumas for his presentation.
Mayor Coody said he saw an ad also in today's paper where one of our staff is quoted about
saying something about a 50% rate increase. I was wondering if you had any information on that
because that was news to him.
Mr. Dumas said the person quoted in the paper is here and he would be happy to answer that
question since he was the one quoted that was quoted in the paper.
Mayor Coody asked Travis from solid waste, the ad today said you are probably familiar with it
said that you are quoted as saying that there would be something about a 50% rate increase and I
didn't know if you had a response to that.
Travis from Solid Waste said Mr. Mayor when we quote rates the only time we change a rate is
when I talk to either Gary Dumas or Carol Hill and we haven't done that in quite some time and I
don't know how they figured that there was a 50% increase. For quite some time we have
charged the same rates $187.00 for a 20 yard that includes a lease, $190.00 for a 30 yard which
includes a lease and $195.00 for a 40 yard which includes the lease. When anyone calls in these
are the prices, this is what we charge every time someone calls in.
Mayor Coody said there is the per tonnage rate.
Travis said I am sorry, plus the disposal rate of $29.20 per ton.
Mayor Coody said that varies depending on each pull?
Travis said yes it does. We try to stress to people when they call in and ask us to supply them
with a roll off that the rate is $29.20 plus the $187.00, the $190.00 and the $195.00 includes
proper disposal as well.
Mayor Coody asked how many tons average, I think it is 3 1/2 tons if I remember correctly.
City Council Meeting
March 18, 2003
Page 13 of 33
Travis said the best that we can figure Mr. Mayor is that last year we pulled over 900 loads and
the average rate on average 20's, 30's and 40's yards all together, the average weight was about
3 '/2 tons per load, some would weigh considerably more and some considerably less than 3 '/2
tons.
Mayor Coody asked the public to sign your name on the form on the podium so we can correctly
reflect that in the minutes of the meeting, please.
John Sampier, I am here tonight speaking on behalf of Waste Management, for many years
Waste Management and its predecessors USA Waste, Fulton Sanitation and Sunray Services
have been pleased to have a business relationship within the City of Fayetteville and the
Fayetteville business community. Currently today we have over 70 contracts within the city
limits that we serve in terms of what we call open top roll off containers and industrial
compactors. We have never interfered with the City of Fayetteville servicing commercial
dumpsters as they are called or residential services, we have not been in the newspaper, we have
not been sponsoring websites, we are just trying to quietly and professionally provide service to
our customer that have been our customers for many years in the City of Fayetteville. We have
also had a good relationship we believe with the City of Fayetteville itself some of which has
been eluded to tonight. We operate under contract with your transfer station as has been
discussed earlier and for the pleasure of doing business in Fayetteville we have remunerated a
franchise fee to the city for that. We are a long time and active member of the Fayetteville
Chamber of Commerce and we provide complimentary services within the city limits of
Fayetteville to such events as Bikes, Blues and BBQ, the Walton Arts Center the recent
Northwest Arkansas Home Builders Association show that was held in Fayetteville, the
University of Arkansas and others. We believe that we have provided a completive rate and
reliable service as a member of the business community n the City of Fayetteville for many
years. We believe than since we are providing a reliable service at fair and competitive rates that
we should be allowed to continue to do so. I want to close with just three comments, our
purpose tonight and my representation of Waste Management is not to be argumentative or to
challenge certain ideas, but I must tell you that I think if your decision is partially based on the
financial information that you heard tonight, I can tell you that there are miss calculations in the
way Waste Managements rates were presented tonight and if that is part of it we should have the
opportunity to provide you the City Council with our rate structure and what we have within the
city limits of Fayetteville and areas for that matter. Mr. Dumas made a reference tonight that he
foresaw some clandestinely rate increase in the years to come because of the reference of the
closure of our landfill that has no basis in fact; we said form the time that happened and continue
to say that we have never tried to recoup those losses and we never will. Their record will show
that any rate increase that we have had commercially or residentially in the cities that we serve in
Northwest Arkansas since that time have been due t the consumer price index for this part of the
United States and that's all and that is all it ever will be. Finally there was mention of a $30.00
franchise fee, Waste Management did not propose a $30.00 franchise fee to the City of
Fayetteville, we proposed a $25.00 fee pull for our containers, you set the rates, you control the
rates, and we act as a subcontractor. Currently we pull some, we call it pulling, we haul some
City Council Meeting
March 18, 2003
Page 14 of 33
300 loads per month, at $25.00 per Toad that is $7,500.00 per month into Fayetteville's coffers
just from Waste Management thus allowing you apply over one million dollars to other needs
that the citizenry may have. Thank you for this opportunity.
Mayor Coody said you have been very professional to work with too and I commend you for
that.
Delia Foster a resident of Elkins, I worked for the City of Fayetteville for ten years which
included working in your solid waste division. I am here tonight in response to the article that
was in today's Northwest Arkansas Times. I was absolutely shocked and out raged to read a half
page ad by Roll Off Service that included a letter of resignation with my name on it. I had to
come tonight to make sure you the City Council, City Staff and Fayetteville Residents know the
truth about this ad and Roll Off Service. I did not write that letter of resignation nor did I supply
any documents to Roll Off Service or anyone else. Roll Off Service manipulated that document.
This is not the first time that Roll Off Service has manipulated or fabricated City documents and
unless you take action it will not be the last. I am outraged at this attempt to take advantage of
me, Alderman Reynolds and the City. The truth is that I am absolutely embarrassed to even be
associated with the Roll Off name. I hope that you and all companies doing business with Roll
Off take note of this action. This once again demonstrates their lack of respect for laws and
regulations. They believe that they do not have to follow rules, regulations, permits and basis
business ethics. I intend to take legal action and I hope that you City Council will also prove to
Roll Off Service that they are not invincible by voting to support your solid waste divisions
request to privatize the industrial waste collection program. Thank you for your time.
Alderman Rhodes said he appreciated Ms. Foster coming forward and saying what you had to
say. Can you tell me you mentioned that the manipulated a document.
Ms. Foster said yes, that was not the letter of resignation that I wrote and it is proven in my
personnel file here at the City. I do not know where or how they got it but it was not what I
wrote to the City and turned in.
John Scott, representing Hanna's candle company, said he is a little considered about this current
proposal to take over industrial waste hauling in the City of Fayetteville. We are currently
customers of Roll Off Services, we have been customers of Waste Management, we were
benefited by Roll Off coming to town, and the increased competition lowered our average pull
bill from $425.00 to $385.00. Usually when the City wants to get involved in spending monies
it's for a need that has been identified by its constituents, someone complaining about a road
needing to be paved in front of their house, a neighborhood wanting a new city park near their
house. In this case I don't know of anyone that has complained or ask the city for help in
controlling our cost, as businesses it is our responsibility to control our cost not yours. If I think
that Roll Off is charging too much, I go to Waste Management and I ask for a new deal or I ask
Roll Off for a new deal. I don't need a monopoly coming in and dictating who will haul my
trash and how much they will charge me. I don't have any control in this situation. It has been
City Council Meeting
March 18, 2003
Page 15 of 33
said that the city wants to spread its overhead and control its waste stream. Mr. Dumas was
quoted in the paper, as saying the purpose of this program is to keep our rates lower for the
residential customers. It is already well known that the solid waste division ahs a $568,000.00
operating deficit this year. Based upon the numbers that Mr. Dumas provided in the previous
meeting the total cost of operating this new division or service is going to be $635,000.00 and
they project to have about 3,000 pulls a year which makes our cost initially $284.20 per pull
which is better than what we are paying now, that's great, but you add in the short fall, which it
is going to be real tempting for you guys to put the residential short fall on the residential
customers, you put that short fall on top of the cost, that is 1.2 million dollars that the industrial
customers I suppose will be asked to shoulder, 3,000 pulls per year that is $ 401.00 per pull, now
you are over what I am charged right now. I don't want that, if you guys want to be in the
industrial waste hauling business, come on in but don't make yourself a monopoly, compete with
these guys, if you are better, do it but don't kick them out. I am not asking for you to be in this
business I will handle my own cost. It is not your responsibility. I went to a manufactures
committee meeting a couple weeks ago this is a committee of the Chamber of Commerce and we
talked about that, there was probably ten manufactures represented in that room and not one of
them supported this. We are the constituents in this case, we didn't ask for this so we don't want
you involved.
Mayor Coody said Mr. Scott brings up a question; Mr. Dumas the $284.20 is that the rate this
Council would be approving?
Mr. Dumas said no, it would be approving $150.00 plus lease plus disposal. The lease was $37,
$40 and $45 dollars per open top container, if it is compactor containers it is based on whatever
the price is when we work that out with the customer before we purchase. They purchase and we
lease it back to them after they purchase it. We made an assumption on a certain number of
service calls per year, I told you I thought that number was conservative and it very likely is
based on the 3600 or so service calls that I think Waste Management mentioned they had per
year. If you increase your number of service calls the revenue portion ally increases.
Bob Bracey of Superior Industries, in the presentation I heard as an industry rather than, I
assume that when we use the term here commercial this is including the industrial basis. I n our
particular case we have a private contractor that has been servicing us for many years. I heard
mention that this will not initial special waste, more than 50% of our waste is classified as
special waste. I don't know how that would impact Superior as a long time manufacturer
employer in the City of Fayetteville. What are compact hauls, we have a compacter that handles
general waste and I assume that that would classify into this particular proposal. Is the waste
going to be hauled directly to the landfill, I think I am hearing that it will not be, it will be put in
the transfer station, I presume it's the one that is in the industrial park. It is my understanding
the way that operates a truck drives in drops that waste on the floor and it's spread out on the
floor and gone through for whatever particular recycling needs and then it is re -picked up, re-
packaged and sent to the landfill if I understand that correctly. That is like handling our waste
two different times, because most of or all of our waste is going to end up in the landfill, we feel
City Council Meeting
March 18, 2003
Page 16 of 33
that we have a significantly amount of programs that there is very little recyclable materials that
the City or any hauler is going to find from Superior. We haul tons of material out of
Fayetteville, most of it is recycled material, and it goes to other parts of the country for feedstock
and to other materials. About that we want to put into the Tontitown landfill is things that
nobody wants for any other particular reasons. We are not sure how we can contribute to the
financial gain of this particular program. We have hauled approximately 28-30 truckloads per
month, more than 50% of those must go into a Class IV landfill, special waste it is not recycled
material. A lot of our preventive work is done on the weekend, many times we call on our
present hauler to come in Saturdays and Sundays to pick up containers and then bring them back
to us. Right now on site we probably have about 7 — 8 containers on our property that are being
filled up at random rates and pulled on a continuous weekly basis we are a 24/7 operation. That
is a large concern for an organization like ours that we have service on the weekends. The
contractor that presently services us tells us that we are one of their largest customer in the city, I
understand listening tonight that the city also contracts that contractor, if we are not allowed to
allow them to competitively quote us for services for us to stay in a competitive business, what
would that revenue loss to them mean to the rest of their base. They may have to recover those
losses in some other fashion. We want to have the opportunity to stay competitive, we would be
considered that any monopoly or dictatorship comes into our community that really restricts our
ability to go out and fairly price what we have to do. Would we have two contracts, with a
private carrier and with the city?
Mayor Coody asked Mr. Dumas will we be able to service weekends.
Mr. Dumas said yes. They can call at any time and get a service call.
Mayor Coody asked about the recycling off the floor.
Mr. Dumas said we do not recycle off the floor.
Mayor Coody said so it goes straight to the trailer and is compacted.
Mr. Dumas said yes.
Mayor Coody told Mr. Bracey the special waste contract would be continued with the current
special waste hauler.
Mr. Dumas said yes, he did not know what Mr. Bracey's special waste is, we will haul Class I
and Class IV waste, that is not special waste, but if it is hazardous waste we will not haul it.
Alderman Thiel asked Mr. Dumas you stated you had not looked at contracting with Waste
Management, was there any real consideration, an offer or a discussion with Waste Management
about them providing the service, that would still be a monopoly, but us not getting into the
City Council Meeting
March 18, 2003
Page 17 of 33
business and they can handle the special waste I understand. It does not sound like you had a
very serious discussion on that.
Mr. Dumas said the hazardous waste hauler would still be here. I just go back to the basis issue
if there is a cost of the service and then you are adding a city fee to it that would seem like it
would be costing the consumer more than it would if there was not that additional fee on top of
it. There would be a fee above the cost of service that you would be charging to the consumer.
That is certainly an option. The city can provide this service foe the same or less.
Alderman Thiel said it all goes back to why we are doing this. I would support this because it
would help implement a recycling program for industrial and commercial that probably private
providers don't encourage, but we haven't even looked at the cost of that yet.
Alderman Davis said as you were making your statement Mr. Dumas Mr. Sampier was in the
back shacking his head indicating that what you were saying was incorrect to some degree. I
would like to give him the opportunity to rebuttal what you stated.
Mr. Dumas said there is a cost of service whether we do it or any private provider provides it.
Alderman Dais said I agree with that but the cost of service could be different between the city
and the individual provider.
Mr. Dumas said I know it is, I can tell from the rate structures that are out there that there is a
different cost of service. Whatever that cost of service is though is you add an additional tax
onto it, which I suppose that is what this would be, then that is the cost of service plus the tax.
Mr. Sampier said he did not say they would add on a rate increase because of this, I wasn't
suggesting that we would be the only one, whoever the private haulers are impose a $25.00 per
haul fee on everybody. Our rates would be controlled by the City Council, adjusted by the City
Council, certainly in concert with the private haulers so there was a fair profit for the private
hauler, but not to establish a fee and then tack something on to the end of it, that is not what we
are suggesting. That was one conversation we haven't had the opportunity to pursue that any
further. As members of the private sector it seems it is something worth exploring if it is
practical, I have had a little experience in this business myself, if the municipality can gain some
revenue without having to put out the cost of equipment, workers compensation, labor cost and
that sort of thing it is certainly something worth looking at. Out rate structure has variables in
different cities, the length of the haul and any number of things, your decision, making may be
based on other thing, but there may be an opportunity here to explore this a little further.
Paul Pinneo with Marshalltown Tools we have been in business some 110 years and we attribute
that 110 years to doing good economic decision during those 110 years. A year and a half ago
we had Roll Off come to us with a proposal. Our cost for trash hauling in the year 2000 was
7,800.00. Roll Off services gave us a proposal that ended up saving us $3,000.00 in one year,
City Council Meeting
March 18, 2003
Page 18 of 33
offered us saw dust removal, provided us a trailer to store our recyclable bailed cardboard, paid
us for that bailed cardboard, poured us a concrete slab to set the trash container on and provided
us with a trash compactor for just $287.00 for the first 12 months which was a total of $3344.00.
During that year and a half Roll Off has performed flawlessly, the cost they gave they gave us is
exactly what we have been getting, we have a much better looking service area now that we have
a closed compaction system, our bailed cardboard no longer sets in the back yard, but in one of
Roll Off's trailers and we have been receiving approximately $7,500.00 annually for recycled
cardboard. We are now being faced with the city coming to us and saying we have to go to the
city for our trash hauling. We have received a quote from the city and it appears as thought the
trash hauling per load is approximately the same, within $10.00 of each other, not a big problem.
The real problem we have is if Roll Off can longer be our provider, we are without a compact
system and we have been given a quote by the city for $16,520.00 plus tax to purchase a 40 yard
container and a compacting unit. We have the opportunity to do that over an eight-year period,
which would run the cost of $21,806.00 plus tax. We are looking at a considerable increase if
you go through with this proposal tonight. I am concerned that we will wind up with a
monopoly, Mr. Dumas was apologizing for having an extra $3,250.00, but with a budget like
that, that will be spilled on a certain day, a truck goes bad and has to be repaired, gasoline goes
up, I can see the cost we have today is going to escalate. I am also concerned about my recycling
of cardboard and my $7,500.00 a year recycling fee for the cardboard could go away, there is one
in Fort Smith that we have had in the past that was unreliable. I would encourage you not to pass
this, I have heard the reason for doing this is for more revenue, I would loved to have heard that
you were doing it because you could do a better service for the community and that you could do
it more economically but I haven't heard that.
Mayor Coody said the cardboard recycling would stay in place and I suspect you would not see a
change there. The compactor I do not know how to answer that we might discuss that. I don't
think the staff's intent here is to increase anyone's fees or rates. I think the intent is to bring the
rates down and to have a more equitable distribution of rates across the board.
Mr. Pinneo said he brought them an example where his was going to cost more.
Alderman Reynolds asked the city Ordinance pertaining to this matter be read and how long it
has been into effect and what year it went into effect. About allowing outside haulers to come
into our city.
Mr. Williams said it is a short ordinance; it was passed on April 6, 1959. Mr. Williams read the
ordinance.
Tom Smith of Roll Off Services said we contact our competitors to see what they charge; we
have had contracts of Waste Management shared with us so we are very familiar with their rate
structure. The rate structure proposed by Mr. Dumas, as I understand it is $190.00 per haul fee
plus a rate of $29.00 per ton for disposal. If you compare apples to apples with an eight -ton load
in an open top container with a size of 30 yards that would be a $422.00 bill, plus the lease on
City Council Meeting
March 18, 2003
Page 19 of 33
the container while it is at the location. Roll Off Service provides the very same service for
$235.00 in the City of Fayetteville, eight tons of trash included in that price. Waste
Management's price is $235.00 for the very same service with a ten -ton limit. The rate structure
proposed by Mr. Dumas is over 50% higher that Waste Management now services. The rate
structure in the PowerPoint presentation is not accurate. We would be happy to discuss our rates
with the Council and Mr. Dumas; we have made several attempts to so in the past. I am in
agreement with Mr. Sampier on a proposed fee paid by each private hauler to the City of
Fayetteville as a franchise fee, I am all about competition, I would encourage the City of
Fayetteville to compete with Roll Off Services and Waste Management side by side.
Competition is good it can only bring more competitive prices. We supply service to our
customers within one hour of a phone call 24 hours a day 7 days a week. I believe the City of
Fayetteville could provide that service also, but at what cost. How much do you want to send to
supply this service to be the exclusive hauler? I do feel the City of Fayetteville has
knowledgeable people, however there are some limitations there. I think the myth that the
municipalities are exempt from having permits, so instance I am aware of the Fayetteville truck
hauling recycled glass over to Oklahoma to the recycler. The commercial and the industrial
people of Fayetteville risk losing competitive rates. I do not believe there is a need for you to get
into this type of business. Charge a franchise fee, we do not want to lose the business and the
folks that are here tonight don't want to lose us as their service provider.
Alderman Rhoades asked Mr. Smith if you were to lose the business what percentage of your
business would that be?
Mr. Smith said Roll Off Services has invested right at $967,000.00 to do business in the City of
Fayetteville; the percentage of business would be approximately 20%. We would lose 27
employees if you pass this measure and we have to leave town.
Mayor Coody asked about the letter Ms. Foster spoke of, would you please explain that, where
you got it, how the changes were made, why, etc.
Mr. Smith said that was not from him, he did not put that letter in there and know nothing of it.
Roll Off Services had nothing to do with the ads in the paper, nor did they have anything to do
with the letter from Ms. Foster.
Mayor Coody said was that Marc Berry with LOOK, is he here tonight?
Mr. Smith said I believe so.
Mr. Berry said a copy was provided me through the Freedom of Information Act, that is the copy
that I got. I was not able to get a hold of Delia, I was out of town, so she may have a problem
with me and I will take it up with her.
City Council Meeting
March 18, 2003
Page 20 of 33
Mayor Coody said from what I understand that was not asked for nor was it delivered, plus the
fact that that is not the letter that we have in our file. It would have been nice for you to visit
with Ms. Foster to ask permission to use that to make sure everything was accurate.
Mr. Berry said I understand that.
Mayor Coody said you work with Roll Off.
Mr. Berry said I am an employee of Roll Off, I have several other clients, and tonight I am here
on behalf of Look. I have brought with me tonight 950 signatures on a petition of business
owners, managers, and citizens of Fayetteville, along with 325 letters indicating that they would
like a chose with their waste disposal within the city limits of Fayetteville. This information was
compiled in five days, these pieces of paper represent the voices of the business community and
citizens in Fayetteville, I would hope that each of you would take careful consideration when
passing this legislation tonight and listen to your constitutions. I will go to the clerk if you don't
mind.
Alderman Thiel asked Mr. Berry, you said you FOI'd that letter, who did you FOI?
Mr. Berry said I had some information that I had gotten from the City in the past.
Mayor Coody said but you didn't get it from the city.
Mr. Berry said maybe I didn't get it from the city.
Mayor Coody asked might it have been from a former city employee?
Mr. Berry said possibly.
Alderman Rhoades said lets presume the letter was perfectly accurate which it sounds like the
author does not believe it to be accurate, what was the purpose.
Mr. Berry said I have been coming to these meetings for the last six months and nobody has
gotten excited about this issue. I have dealt with this issue for about the last eight years and I
wanted to get some involvement, am I extremely proud of what I have done maybe not 100%,
did I get some people out to tackle the issues. My purpose was to get people up in arms about
having the city taking over the rates and them doing nothing about it. If that is the best decision
for the city and you have discussed all the issues and discussed them fully and having your
community come out and talk to you about that, so be it, pass it that's what the purpose was.
Mike Stout with Associated Builders and Contractor of Arkansas, we are a trade organization of
general contractors, subcontractors industry professionals and suppliers. I represent commercial
contractors that are mostly building schools, hospitals and other infractstructure in Northwest
City Council Meeting
March 18, 2003
Page2l of33
Arkansas; many of these projects are for the City of Fayetteville or the University of Arkansas. I
was asked to prepare a consensus of the thoughts of our membership. During my poll of the
members I found one that was so concise that I paraphrased his thoughts here. A few years back
construction waste removal was a mess, rates were high and service was either lousy or not
existent. Since we now have competition in this area our rates are better and service is great.
Why does the City of Fayetteville want to take this away from us? This is proof that the free
enterprise system and competiton work in real life. I don't know anyone in Northwest Arkansas
who doesn't want this lesson taught to our children in their economics classes. If the City of
Fayetteville wants to get into the business of construction waste and compete with the two
companies currently doing business, then we welcome you. However compete on the basis of
service and price, don't create a monopoly to insure your success. I remind you that the citizens
of the City of Fayetteville are the people that pay for public building through their taxes, are the
citizens willing to pay for the increased cost that we have experienced when the competition is
removed.
Mr. Bracey said we have the opportunity here to demonstrate that we live in democracy. We
welcome the opportunity to be in competition.
Chris Sargent a business owner said he his excited that the city would get into this business on a
competitive level because our rates would get lower.
Alderman Rhoads said Mr. Sargent are you advocating the city get into the business with the
other two remaining or by itself.
Mr. Sergeant said on a competitive level. It would be just one more place to shop.
Susan Porter, a resident said she would hate to see the city take on such a major administrative
and management job as this and I think that it is nice that it would help our residential rates but I
think it would be eaten up with the management of a large system.
Frances Langham, a business owner, said she is disturbed, as a business broker in the area, I saw
their businesses and many were not saleable. I find that this is a hardship for those that have
spoken tonight and I think that I have a view when a municipality gets in trouble they ask for a
tax increase, so I wonder if this is not something that would affect everyone. This is just not
good, there is not a choice here, competition is always good. I can't imagine why we would do
this, I can tell you a lot of businesses fail and I would hope that we the citizens of Fayetteville
wouldn't have to be responsible for something that could be this drastic.
Bill Ramsey, President of the Fayetteville Chamber of Commerce said I think what we have
heard here tonight is competition and competition is good. There is not anything wrong with the
city being in the business, the concern is that you are in an exclusive business and that you are
eliminating competition. There are a lot of unanswered questions, I had one today and maybe
you can answer this for me know, that was concerned about they have another private company
City Council Meeting
March 18, 2003
Page 22 of 33
that's coming and picking up scrap metal of which they pay them to do that. Is this included in
the proposal, will they continue to be able to do that. I think we need to get all the facts, some of
the figures have been disputed, I would just urge you to not rush into this decision, lets have
some meetings of the mind and lets get some true facts and lets not do something in haste,
something that we are going to regret down the road. I will admit I am a free enterpriser and I
believe that private industry can do it better that government any day of the week, but I don't
have any problem, I think we have competition, the city is in the business now and I think that
has been a good marriage and its working, just think about that as you make your decision.
Alderman Thiel said initially she was in favor of us doing this for the reasons that we discussed
early on that it might provide some savings on the residential side and that we would be able to
encourage recycling more actively. After listening to the constituents in this case the
commercial and industrial business it has been quite an eye opener, because they pointed out
they did not ask for this, what is the motive for us doing this, why do we need to do this. At this
point I don't think I can favor this proposal like it is, I would like for us to have some discussions
thought based on our ordinance that we have with Roll off and Waste Management about a
contract, apparently we have an ordinance in place that requires that we have a contract, I think
we need to certainly pursue that and at that time maybe we can discuss the possibility of a
franchise fee. I think the commercial business that we are doing with resources right now has
been a goof thing it has added to the competition. With the economic times like they are that
aren't very sure I think this is not a good time for us to hamper our commercial and industrial
businesses in the City of Fayetteville, this is probably the worst time for us to do this. I am not
going to discuss some of the issues that we have had with one of the competitor's in the city, but
I think we can work out some of the problems we have had without resorting to doing this. I
think I will probably vote against this at this time.
Mayor Coody asked for a motion to table this so we can do some more homework and come
back with some more information or some different ideas and look at some alternatives.
Alderman Jordan moved to table the resolution to the April 15, 2003 City Council meeting.
Alderman Reynolds seconded.
Alderman Thiel asked what are we coming back with.
Mayor Coody said we may be coming back with talks about franchise fees, there were a lot of
questions here tonight, and if the business community is not interested in this, I don't want to
force any thing on anyone that they are not interested in. Right now we are not fulfilling the
ordinance that was put in place in 1959. We need to find a way to start fulfilling that ordinances
responsibilities, at the same time meet the needs of the community. If we can do that then I
would like to bring something back to the Council to discuss at that time, that is basically my
intent here.
City Council Meeting
March 18, 2003
Page 23 of 33
Alderman Davis said my concern about this is that we have had good show of people tonight that
are opposed to this and with just cause in my opinion and trying to get these same people out
again at a latter date may be more difficult. I would hate for the Council at that point in time to
forget what has been said tonight because of other conflicts that may occur in the future where
they couldn't attend. I think we have to make sure that we listen to what the people in the
business community have just stated because this is who this really affects and if it is their
wishes and desires for us to not implement this we need to listen and we need to act on their
behalf and I think that this past weekend at our retreat we all talked about one of those 23 items
was that we did want to work with the business community and work to have a better
relationship, so we need to make sure that we follow through with the things that we talked about
this weekend.
Mayor Coody said I don't think anyone is going to bring anything up to try to sneak it through or
past anybody. I don't think anything that has been said here will be forgotten by any of us
tonight.
Alderman Lucas said she thinks we will not forget. I do think we do need to consider our
ordinance that we have in place and work within that.
Mayor Coody said I am sure I speak for all of us; we don't want to ignore an ordinance that has
been ignored for the last 44 years.
Alderman Jordan said he would like for us to look into the what John Sampier and John Smith
said tonight about their proposals of what they can do for the city, I would like to see what there
rate structure is and look into what they have.
Alderman Marr said I am glad we are tabling this to get further information, because one area
that I am very uncomfortable with is dealing with special waste and the impact that it might have
on the overall rates of someone. If we pull out the good part of the business and they are stuck
with the bad part of the business what that might do in terms of their cost structure to get that
service taken care of. That is certainly something that I think we need to investigate more.
Alderman Man said there was a very good article in Municipal Solid Waste that talks about
various options. Chris Sargent said he liked that the city got into rate because it did make rates
lower. I think that we need to remember that was a positive outcome for our businesses going
back to our Retreat and our desire to do that. It went lower because other people providing it
dropped their rate, it wasn't necessarily just our rate that impacted them. I do think we need to
look at this and we need to ask ourselves the overall question how does this fit our priorities.
There are two areas that I see it, one is additional positive impact for businesses and two was
other revenue streams, which is something we talked about at the city level. This is another
revenue stream; we can't forget that, we can't forget that it does allow us to spread our
administrative cost over a much wider base. Those are things that I think we need to keep in
mind. I appreciate the business constituent's comments tonight.
City Council Meeting
March 18, 2003
Page 24 of 33
Upon on roll call the motion passed unanimously.
NEW COMMERCIAL COMPACTOR AND DROP BOX PROGRAM: A resolution
authorizing the hiring of seven (7) additional full time employees to implement a new
commercial compactor and drop box program. The resolution was tabled at the February 18,
2003 City Council meeting.
Alderman Jordan moved to table the resolution to the April 15, 2003 City Council meeting.
Alderman Lucas seconded. Upon roll call the motion passed unanimously.
OLD MISSOURI ROAD: A resolution authorizing the City Attorney to seek condemnation
and possession of certain lands owned by JTK Trust, James T. Keenan and James F. Keenan,
trustees, to secure the necessary easements and rights-of-way for Old Missouri Road
improvements. The resolution was tabled at the December 3, 2003 meeting.
Mayor Coody said as of this afternoon we have a signed contract with Mr. Keenan so that we can
avid this condemnation.
Mr. Williams said I would suggest that you indefinitely table this resolution, which is sometimes
known as killing it.
Alderman Thiel moved to table this resolution indefinitely. Alderman Jordan seconded.
Alderman Marr said he would abstain; he has a personal business relationship with Mr. Keenan.
Mayor Coody thanked Mr. Keenan for working with the city on this. I made a personal
guarantee that this project would not lag, drag or slow down, so once we kick this off I will be
taking a personal interest in making sure that this gets done as quickly as possible.
Upon roll call the motion passed 7-0-1 with Alderman Marr abstaining.
STUDENT HOUSING: An ordinance authorizing the Fayetteville Public Facilities Board to
develop student housing facilities and to issue revenue bonds for the purpose of financing student
housing to be developed in compliance with all city development ordinances. The ordinance was
tabled at the February 4, 2003 meeting.
Alderman Davis moved to table this resolution indefinitely. Alderman Jordan seconded.
Upon roll call the motion passed unanimously.
City Council Meeting
March 18, 2003
Page 25 of 33
NEW BUSINESS:
ANIMAL CONCERNS COMMITTEE: A resolution establishing an Animal Concerns
Committee.
Alderman Thiel said Mayor Coody I brought this forward and I am passing out some
amendments to the original resolution based on recommendations coming out of our retreat to
reduce permanent citizen committees and some of the concerns made to me about his committee
I have the following amendments to the resolution, it now reads to establish it as an ad hoc
committee, to serve until such time as a successful spay/neuter program has been established
with a major reduction with the number of animal being euthanized at the City's animal shelter.
I would also like to increase the number of at large members from three to four. I would also
like to add term limits to the Humane Society of the Ozark members. They will have the same
terms as the citizen -at -large member.
Alderman Dais said I think of an ad hoc committee being something that lasts for 6-12 months; I
don't look at something that lasts for 3-4 years when I think of ad hoc. and you are talking about
having terms for everybody of 3-4 years at a time.
Alderman Thiel said I don't know if there is any particular length of time for an ad hoc
committee because the Tress and Trails Task Force has been going on now for almost three
years. I think that I am trying to specific a time until such time as a successful spay/neuter
program has been established with a major reduction with the number of animal being
euthanasied at the City's animal shelter. I think that is the main reason that his committee has
been meeting, there were concerns from the general public and the Human Society. The
Human Society of the Ozarks paid for and built the clinic at the animal shelter and contributed a
large amount of the revenue and fund raising to build the new shelter so they felt like they had a
lot at stake out there.
Alderman Dais said how you establish a measurable reduction. Is that 50%, 100%, I am just
asking how do you determine that.
Alderman Thiel said we have the shelter director here and our new veteranian here, possibility
they could elaborate on the need for this committee and possibility they could help me out on
what constitutes measurable if you do want some percentages. That is a good question.
Alderman Marr asked on the membership makeup, it was my understanding there was some
discussion on dissolving the Human Society. Have there been discussions about that and if they
are how do you plan to adjust the membership if that group doesn't exist any longer.
Alderman Thiel said that has not been discussed publicly to my knowledge. I don't think that is
going to be an issue at all. They are having some reorganization problems and whenever their
membership discovers that there is an issue, there will no longer be an issue. There has been a
City Council Meeting
March 18, 2003
Page 26 of 33
resignation of the President, Vice President and secretary, but the treasurer is still there. I think
in a very short time you will have new officers; there is still a full board.
Alderman Marr said the reason he asked is that if it wasn't going to exist that this is not back in
front of us 6 months later.
Mayor Coody said this committee was started back when we got surprised by the letter from the
National Humane Society about some concerns at the animal shelter, we didn't have a vet in
place and we had a problem keeping a good vet down there. We thought about making a
Vet/Director combined position which did not set well with the Humane Society folks so I asked
some people to get together to form an ad hoc committee to help get some of the issues resolved
at the animal shelter that I think are now resolved. From my perspective the purpose for that ad
hoc committee with the hiring of Dr Moore and resolving the other problems down there, I think
the committee has basically has done a very good job in fulfilling its original intent. Mayor
Coody asked Rick Hoyt, Police Chief to address the Council since he is over that department.
Chief Hoyt said I would hope you would not vote on this tonight due to the fact that there have
been some changes in it, table to another meeting so the Police Depaitment can take a look at
these changes. I was unaware until you brought them up that there was going to be some
changes. I was under the impression that the resolution was to establish a permanent city
committee and I had come prepared tonight after consulting with my staff and members of the
animal division to actually oppose the establishment of a permanent committee for a number of
reasons. Bear in mind that my remarks are aimed at establishing a permanent committee. In
January of 2003 of this year there was reorganization and it was announced that the Animal
Services Division was now going to be under the Police Department. After talking with my staff
and the staff of animal services we did not see the necessity of formalizing the Animal Concerns
Committee. The current committee was formed in April of 2002 because of specific problem
that had faced the Animal Shelter, since that time these problems have been address. I put
Captain Frank Johnson of the Animal Services division; he will continue the best practice
possible. Mr. Sumek talked about the down swing of committees across the nation and that task
a task force seems to be a better way to go, because you have a starting and ending point. This
Council has had discussion in the past about limiting the committees that you have. I think with
the leadership and the management that the Police Depaitinent brings to the table, I do not see
the necessity in formalizing this committee. I think you should here from members of my staff
and the Animal Services people here to form your opinions any further. I would say for the time
being you should table this until be can look at the amendments that have been offered.
Captain Johnson with the Police Department said Dr. Moore and Jill Hatfield have a lot of good
ideas. Things are going pretty good right know in my opinion.
Jill Hatfield, the Director of the Shelter said the overseeing of the Police Department for our
division is a very good transition for us. We feel very comfortable that we are on the right track.
Dr. Moore and I have come together to try to improve our services and make people aware of
City Council Meeting
March 18, 2003
Page 27 of 33
what we are about and what we are trying to do. I really wanted to reach out to the citizens of
Fayetteville; I was hoping that the Animal Concerns Committee would help me do so.
Throughout our meetings it has been very disheartening to see that not more citizens come to us.
My time is invested heavily within that committee, sometimes it puts precedence over priorities
that I feel that needs to be addressed. I would like to see me be able to reach out more to the
community. At this point in time I am not getting service complaints. I would like to see a lot of
my time spent in the community.
Alderman Rhoades asked as a committee how will it help you do that.
Ms. Hatfield said it is not, citizens are not coming to the Animal Concerns Committee to talk to
us about complaints and that is not happening. We have had three citizens come to the
committee meeting, they are the same citizens, we talk about issues that are important, but I
don't think I am getting results.
Alderman Rhoades said maybe a committee is not necessary at all maybe what is necessary is
whatever is keeping you from doing your job to the perfection that you are looking for; get those
roadblocks taken out of your way vs. having this committee. I am having difficulty
understanding what this committee will do to lower the number of dogs and cats that we are
having to deal with.
Alderman Thiel said she was not aware that the Police Department and the Animal Services was
not happy with this committee, this is a major surprise to me tonight, it would have been nice if
someone would have let me know in advance of this, I would probably pulled it. I discussed this
via email that this proposal was going to be on here. The committee has served the purpose to
this point, we have lost two vets since this committee was formed, we finally have one now, I
certainly hope that you keep her. That is largely why this committee has stayed active because
there are some issues down there. I certainly don't want you spending one night a month at this
committee meeting taking away from you going out and doing public service, I think you should
go to the Ward meetings and Council of Neighborhood meetings. I also saw this as venue also
for being televised and being a way of publicizing events, but you are right we don't have good
attendance. I have no problem pulling this, we have a meeting scheduled for Thursday and I will
let you contact everyone via email that this committee no longer exists and we can start this up
again if there is another issue.
Alderman Rhoads said he thought that is probably the right thing to do and I did not mean to put
you on the spot, because my questions were just pure ignorance I don't know much about the
subject but I think that is probably the best idea. If things need another set of eyes so be it.
Alderman Thiel said this probably the last shot that we are going to get at a veteranian and I just
hope it works out.
City Council Meeting
March 18, 2003
Page 28 of 33
Alderman Lucas said I don't think they have a problem with the committee, they feel like they
can reach out to the community, better in a different way since there is not a participation from
the community coming to the committee meeting.
Alderman Marr said the committee was suppose to end on 12/31/2002 and now we are in March.
She like other aldermen was asked to look at certain committees at our retreat at the Airport. Is
there any action that needs to be done to dissolve it or does it dissolve by the nature of not
creating a new resolution of an ad hoc committee?
Alderman Thiel said just us notifying the member that there is no longer a committee.
Alderman Marr said I just want to make sue that whatever we are deciding tonight we are doing
it in the point of order.
Mr. Williams said he is not aware of any resolution that formally established this even as an ad
hoc or task force. Therefore you would not need any type of resolution to de -establish it. It
might be that since the Mayor originally asked them to serve it might be that the Mayor may
want to send them a letter to thank them for their service and the fact that the original purpose of
the task force has been met and he is appreciative of them helping Fayetteville get past the
problems that were in existence at that point in time.
Alderman Thiel said the Mayor did not form it, she did.
Mr. Williams said then it should come from you with the same sort of information though that
we certainly appreciate all the work that they have put in and that it has showed good results,
they have accomplished their task.
Alderman Thiel said absolutely, I think Jill would testify to that.
Ms. Hatfield said the committee has been a big help, we have been through some rough times as
Brenda says, it has been a big challenge and they have been very helpful so I don't want to say
that there weren't issues talked about and discussions that weren't valid. I do want to thank her
and the other members of the committee. It was s good thing.
Mayor Coody congratulate the Shelter and Dr. Moore, there have been some really good stories
in the paper about the new programs that you put in place and the work that you are doing down
there.
Ms. Moore thanked the Mayor and the City Council members for giving her the chance to have
this job. The pet over population has always been a huge concern of hers and she feels like in
this job she can finally make a difference and I do think we are making a difference in the short
time that I have been there. I just want to assure you that we will continue to make a difference,
not only are the public needs going to be met for the stray animals but also I think we are going
City Council Meeting
March 18, 2003
Page 29 of 33
to reduce the euthanasia and increase the spay/neuter. I want to thank that committee and
Brenda Thiel.
Mayor Coody thanked Ms. Moore foe her hard work, the Shelter is going very smoothly down
there. The Animal Shelter having the authority of the Police Department behind them has been a
big help. Jill you have done a good job, Frank we are really pleased with your involvement and
De. Moore. We appreciate you more than you know.
Alderman Rhoads said he firmly supports what you all are doing, I appreciate the fact that
Brenda started this thing rolling in the first place and I also appreciate her flexibility tonight as
we looked at the issue and them pulling back on it, I think that was great.
Alderman Thiel moved to table this resolution indefinitely. Alderman Marr seconded.
Upon roll the motion passed unanimously.
SENATE BILL 407: A resolution to express the City of Fayetteville's opposition to Senate Bill
407 prohibiting most zoning and regulation of mobile homes.
Mayor Coody said this has been brought forward by the State Legislature to regulate mobile
homes anything built before 1976 I think would be a mobile home anything after that would be
considered manufactured housing and we would be forced to allow them in a particular zone in
Fayetteville. Mayor Coody asked Mr. Williams if he had any other input.
Mr. Williams said this was presented by Alderman Thiel so I should probably allow her to go
forward first with any comments that she would like to make.
Alderman Thiel said she passed out some information from the Northwest Arkansas Regional
Planning Commission's Executive Committee sent pointing out that they have voted
unanimously to express their opposition to Senate Bill 407. Bill 407 would not allow cities to
regulate or set standards for mobile homes, our UDO currently allows mobile homes in mobile
home parks and on three acre agriculturally zoned lots in certain circumstances. If this passes we
would be required to allow mobile homes in our residential zones without the same regulations
and conditions imposed on other single family dwellings. The bottom line is that planning and
zoning issues should be decided by the local government who listens to their citizens directly
affected by these zoning decisions. I strongly support that we adopt this resolution and send this
message to general assembly that they not pass SB 407.
Mayor Coody said I think this comes up in the committee meeting tomorrow so if this is
approved tonight we will be sure and fax it down first thing in the morning.
Alderman Davis thanked Alderman Thiel for bringing this forward; I think this is something that
we probably were not aware of.
City Council Meeting
March 18, 2003
Page 30 of 33
Mayor Coody said the Municipal League has been very adamant in support upon rule and
municipalities being able to determine their own futures and this is something they opposed.
Alderman Thiel moved to approve the resolution. Alderman Davis seconded. Upon roll
call the motion passed unanimously.
RESOLUTION 40-03 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
NARENDRA KRUSHIKER BID WAIVER AND COST -SHARE: An ordinance approving a
cost -share and bid waiver in the amount of $ 25,491.00 with Narendra Krushiker for the
construction of approximately 650 feet of 8" water main.
Mr. Williams read the ordinance.
Alderman Davis moved to suspend the rules and go to the second reading. Alderman Marr
seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Davis moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Shall the ordinance pass. Upon roll call the ordinance passed unanimously.
ORDIANANCE 4469 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
RZN 03-6.00 (Brophy): An ordinance approving a rezoning as submitted by Bill Rudasill on
behalf of Ralph Brophy for property located north of Township and east of 71B. The property is
zoned C-2, Thoroughfare Commercial and contains approximately 1.65 acres. The request is to
rezone to R-3, High Density Residential.
Mr. Williams read the ordinance.
Mr. Rudasill said that we have an arbitrary line established by the city wide rezoning, which
created a straight line which didn't follow any property lines and we have a piece of property
that has some property lines that cut into a portion of the commercial property, but that
commercial property is basically land locked, it is too small to do anything with. It is attached to
a portion of land that was originally planned as a multi -family R-3 type development, with
townhouse type homes, so this is to resolve that issue of the arbitrary line that was established by
the zone to bring the R-3 back to the property lines.
City Council Meeting
March 18, 2003
Page 31 of 33
Alderman Davis moved to suspend the rules and go to the second reading. Alderman
Jordan seconded. Upon roll call the motion passed 6-2-0. Alderman Thiel and Marr
voting nay.
Mr. Williams read the ordinance.
Alderman Thiel said she would like to leave this on this reading until the council has a chance to
look at this.
Tim Conklin, Planning Department said why the petitioner has asked for a re -zoning is to take
what has been platted, zoned already R-3 up against Brophy circle and take the back portion of
those lots that are zoned C-2 and make those R-3 also. It is already developed down the hill on
College Avenue this would just make the entire lot zoned R-3.
Alderman Thiel said so you are taking some C-2 and making it R-3.
Mr. Conklin said there are some existing lots; access to this property is from Brophy Circle. The
back portion of these lots is zoned commercial. We are taking on Brophy Circle you have the
majority of the lot zoned R-3 currently, as you move down the hill toward College Avenue this
same property owner has a portion of that lot zoned C-2, we are trying to make all of the lot the
same zoning district.
Alderman Thiel said she personally would like to go look at this and see hoe steep this is, how it
relates to the commercial property down below.
Alderman Marr asked will this allow additional density in this area, is there plans for additional
building.
Alderman Reynolds asked is this to correct a mistake or is it to make room for more building.
Mr. Rudasill said the commercial line basically runs through the middle of these properties and it
is a property that was approved as a multi -family project in the past.
Alderman Thiel said one of our priorities at the Retreat was to look at down zoning or rezoning
and our zoning on hillsides, because we need look at the density that we are creating on our
hillsides. That is why I would like for us to go visit this. I have no way determining how this
slope is and how that impacts that hillside. This is in close proximity to College and we just
looked at another area just a little further on and we are very reluctant about zoning it multi-
family because of the proximately to the commercial area. So if we are going to do it in one
circumstance we need to at least go look at this.
Alderman Marr said he agrees with Alderman Thiel. I think our priority of the study of hillside
zoning's we need to at least take a tour and look at it. I would defer to our Ward III Aldermen
City Council Meeting
March 18, 2003
Page 32 of 33
who represent that area, we are directly on the other side of the road which we represent which is
a hillside and I don't want to have someone come back later and say significant multi -family
makes it okay to rezone this on the right. I am going to have a real problem with density on our
hillsides when we have that as a priority of study. I think it is very smart for us to go look at it
first.
Mr. Rudasill said he had no problem with that. We can do the last reading next meeting or
whenever it needs to be done and I can show you what I am talking about and explain it. It is not
usable as commercial and it's creating a situation where the R-3 is not usable either because it
cuts right through the developable portion of these lots. The access to it is through R-3 and R-1
development so there is no way to get commercial traffic into the property.
Alderman Davis said that is fine if you want to wait until the next meeting, I know that this came
before the Planning Commission and there was nobody that night that opposed this, I have yet to
receive any phone calls regarding this issue.
Alderman Marr asked is there currently some type of buffer between the commercial on College,
a tree buffer or anything before it actually gets to the residential area.
Mr. Conklin said it is going up a fairly steep hillside, almost like a bluff. This recommendation
from Staff and the Commission is not rezoning an entire lot or an entire area for development.
We are looking at a split zone on a piece of property that is already currently zoned R-3. One of
the discussions that we had with Mr. Rudasill and the applicant was that the applicant thought
that maybe all of this should be rezoned commercial up there. It is partially zoned commercial
and partially zoned multi -family. Staff is more in favor of matching the residential zone that is
up there since it is between College and the R-3 up against Brophy Circle. We are not
recommending rezoning an entire lot to R-3. We are recommending rezoning a portion of a lot
that is currently zoned C-2 to what is up there already. Brophy Circle has developed with some
duplexes and apartments; it is not an undeveloped area except at the end of Brophy Circle where
you have these lots that are split zoned. Taking a look at it helps to understand what we are
looking at and the decision that we are trying to make.
Mr. Rudasill said when you do that Council Tour if you would like for me to meet you out there.
Mayor Coody said generally at 4:30 on Monday afternoon we will be taking a tour that day.
That will be March the 31n. You can get with Tim on that.
The Ordinance was left on the second reading.
City Council Meeting
March 18, 2003
Page 33 of 33
RZN 03-12.00 (Broyles): An ordinance approving a rezoning as submitted by Jerry Kelso of
Crafton, Tull & Associates on behalf of Tom Broyles for property owned by Helen Adams and
located at the northeast corner of 18`h Street and Futrall Drive. The property is zoned I-1, Heavy
Commercial/Light Industrial and contains approximately 17.65 acres. The request is to rezone to
C-2, Thoroughfare Commercial.
Mr. Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Davis seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Jordan said he had not had any complaints.
Alderman Lucas said she had not had any either.
Alderman Jordan said the neighborhood seems to be alright with it, I have talked to Tom and
looked at the plans.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Shall the ordinance pass. Upon roll call the ordinance passed unanimously.
ORDIANANCE 4470 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
Announcements:
• Ward I meeting at the Yvonne Richardson Center at 6:00 pm, Monday, March 24, 2003.
• Ward IV meeting City Administration Building Room 111 at 7:00 pm, Monday, March
24, 2003.
• The Nominating Committee will be meeting on Wednesday, March 26, 2003 at 4:00 pm,
Room 111 to interview applicants for city committees. If you will get me your
comments, for those Aldermen that are not on the nominating committee.
Meeting adjourned at 9:00 pm.
Sondra Smith
City Clerk