HomeMy WebLinkAbout2010-12-21 MinutesMayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City of Fayetteville Arkansas
City Council Meeting Minutes
December 21, 2010
City Council Meeting Minutes
December 21, 2010
Page 1 of 22
Aldermen
Ward I Position 1
— Adella Gray
Ward I Position 2—
Brenda Thiel
Ward 2 Position t
— Kyle B. Cook
Ward 2 Position 2
— Matthew Petty
Ward 3 Position 1
— Robert K. Rhoads
Ward 3 Position 2
— Robert Ferrell
Ward 4 Position 1
— Shirley Lucas
Ward 4 Position 2
— Sarah E. Lewis
A meeting of the Fayetteville City Council was held on December 21, 2010 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Petty, Rhoads, Ferrell, Lucas, Lewis, Mayor
Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Alderman Kyle Cook
Alderman Robert Rhoads
Alderman Shirley Lucas
Mayor Jordan presented Alderman Cook, Alderman Rhoads, and Alderman Lucas with a
plaque for their commitment and service to the citizens of the City of Fayetteville. He thanked
them for their dedication, loyalty and friendship.
Alderman Cook thanked his wife and mom. I pretty much followed what I said I would do.
always did what I thought was right. I loved my time on the City Council.
Alderman Rhoads: It has been an enjoyable experience to serve on the Council. I have always
tried to look at what is best for the City of Fayetteville.
Alderman Lucas: It has been a great eight years. I was blessed with Ward 4. I would like to
thank all the people in Ward 4 for electing me twice. It was a joy to serve not only Ward 4 but
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December21,2010
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the City. I would like to thank the staff and the Mayor. I appreciate the Mayor's leadership. I
would also like to thank my husband, Andy.
City Council Meeting Presentations, Reports and Discussion Items:
Nominating Committee Report:
Alderman Cook read the Nominating Committee Report. A copy of the report is attached.
Alderman Cook moved to approve the Nominating Committee Report. Alderman Lucas
seconded the motion. Upon roll call the motion passed unanimously.
Agenda Additions:
Alderman Rhoads moved to add the following item to the agenda. Alderman Lucas
seconded the motion. Upon roll call the motion passed unanimously.
Fayetteville Public Facilities Board Change Underwriting of Bonds: A resolution to ratify
the amended resolution of the Fayetteville Public Facilities Board which changes the
underwriting of the bonds from Lancaster Pollard and Company to Stephens, Inc.
Dennis Hunt, Stephens, Inc. thanked Alderman Rhoads for introducing the item for
consideration and also thanked City Attorney Kit Williams for facilitating the process with
Butterfield Trail. On December 7, 2010 the Council approved a resolution that allowed the
Fayetteville Facilities Board to issue bonds for the benefit of Butterfield Trail Village.
Butterfield Trail Village tried to issue those bonds and the underwriter at that time was unable to
achieve interest rates that were acceptable to Butterfield Trail Village. Butterfield Trail Village
decided to ask Stephens to market the bonds at a favorable interest rates. Stephens has
committed to Butterfield Trail Village to underwrite the bonds at a better interest rate. Therefore
a new resolution needs to be approved.
Alderman Ferrell moved to approve the resolution. Alderman Lewis seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 218-10 as recorded in the office of the City Clerk
Consent:
Approval of the December 7, 2010 City Council meeting minutes.
Approved
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State Forfeiture Revenue: A resolution approving a budget adjustment to recognize state
forfeiture revenue for budget year 2010 and to approve expenditures therefrom in the amount of
$14,369.30.
Resolution 219-10 as recorded in the office of the City Clerk.
Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize federal
forfeiture revenue for budget year 2010 and to approve expenditures therefrom in the amount of
$16,815.11.
Resolution 220-10 as recorded in the office of the City Clerk.
Pinkley Sales Company: A resolution approving a contract with Pinkley Sales Company in the
amount of $25,301.93 for the purchase of traffic preemption devices.
Resolution 221-10 as recorded in the office of the City Clerk.
Physio -Control, Inc.: A resolution authorizing a contract with Physio -Control, Inc. in the
amount of $24,974.17, pursuant to a state procurement contract, for the purchase of eleven (11)
automated external defibrillators for the Fayetteville Fire Department.
Resolution 222-10 as recorded in the office of the City Clerk.
Bid #10-61 Williams Tractor, Inc.: A resolution awarding Bid #10-61 and authorizing a
contract with Williams Tractor, Inc. in the amount of $29,439.00 for the purchase of one 2206 all
purpose H&S spreader for use in the wastewater biosolids solar drying project, and approving a
budget adjustment.
Resolution 223-10 as recorded in the office of the City Clerk.
Bid #10-67 Aulick Industries: A resolution awarding Bid #10-67 and authorizing a contract
with Aulick Industries in the amount of $72,784.00 for the purchase of one 2206 forty-two foot
belted walking floor trailer for use in the wastewater biosolids solar drying project, and
approving a budget adjustment.
Resolution 224-10 as recorded in the office of the City Clerk.
Bid 910-69 Cruise Uniforms & Equipment, Inc.: A resolution awarding Bid #10-69 and
authorizing a contract with Cruise Uniforms & Equipment, Inc. in the amount of $16,762.50,
with four consecutive one year renewal options, for the purchase of uniforms for the Fayetteville
Fire Department.
Resolution 225-10 as recorded in the office of the City Clerk.
Overlay/Sidewalk Projects: A resolution approving the Transportation Division
Overlay/Sidewalk Projects list for 2011.
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Resolution 226-10 as recorded in the office of the City Clerk.
Lake Sequoyah Bait Shop: A resolution authorizing a contract with Michael McBride in the
amount of $20,000.00 to provide operation of the Lake Sequoyah Bait Shop.
Resolution 227-10 as recorded in the office of the City Clerk.
City of Farmington Amendment No. 2: A resolution approving Amendment No. 2 to the
wastewater collection and treatment services contract with the City of Farmington.
Resolution 228-10 as recorded in the office of the City Clerk.
Watershed Conservation Resource Center Amendment No. 1: A resolution approving
Amendment No. 1 to the Memorandum of Understanding with the Watershed Conservation
Resource Center in the amount of $119,431.00 for a stream restoration project on a section of the
West Fork of the White River adjacent to the Fayetteville Executive Airport, and approving a
budget adjustment.
Resolution 229-10 as recorded in the office of the City Clerk.
Jacobs Engineering Group, Inc. Supplemental Agreement No. 3: A resolution approving
Supplemental Agreement No. 3 with Jacobs Engineering Group, Inc. for engineering services for
the Fayetteville Expressway Economic Development Corridor Project in the amount of
$370,851.54, and approving a budget adjustment in the amount of $296,682.00.
Resolution 230-10 as recorded in the office of the City Clerk.
Dickson Street Entertainment District Parking Services: A resolution approving a contract
with the Walton Arts Center Council, Inc. for the provision of parking -related services in the
Dickson Street Entertainment District.
Resolution 231-10 as recorded in the office of the City Clerk.
Community Access Television, Inc.: A resolution approving a contract with Community
Access Television, Inc. in the amount of $93,000.00 to provide public access television channel
operation services for calendar year 2011.
Alderman Petty asked that the Community Access Television, Inc. item be removed from the
consent agenda and placed in New Business # 2.
This item was removed from the Consent Agenda and placed in New Business #2.
Alderman Cook moved to approve the Consent Agenda with the last item Community
Access Television, Inc. moved to New Business # 2. Alderman Lucas seconded the motion.
Upon roll call the motion passed unanimously.
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Unfinished Business: None
New Business:
Walton Arts Center Council, Inc. New lease Agreement: A resolution to authorize the City
Attorney to negotiate a new lease agreement with the Walton Arts Center Council, Inc.
Alderman Thiel: Alderman Gray and I brought this forward. We felt strongly about protecting
the interest of the citizens of Fayetteville and the businesses on Dickson Street. I had a lot of
constituent's contact me and they feel like we need to do something.
Alderman Gray: Everyone knows that I am an avid supporter of the Walton Arts Center. I
have somewhat mixed feeling about this but as Brenda said we have so many constituents who
are upset about the things that have been happening in the last few weeks. They want some
guarantee that the Walton Arts Center is going to be able to serve Fayetteville and its
constituents as it has for many years. That's the reason we are seeking a contract so that we can
know that what they have said they are going to do they in fact will do.
Suzie Stephens resident of 705 North Sunset Drive and Business Owner on Dickson Street: As a
business owner on Dickson and one who has a master's degree in theatre from the University of
Arkansas and one who has watched this amazing Northwest Arkansas grow, develop and become
more of our originality. When I heard about the new 2,200 seat arena in Bentonville I was
excited. I know the Walton Arts Center operates as a business and it's silly to think they would
do anything less than to try to bring in the greatest of performances of theatre, orchestra and
dance and do anything that would effect making it a positive business in Fayetteville.
On the flip side a 2,200 seat arena in Bentonville would allow great shows, things the Baum
Walker Auditorium cannot technically handle. There are some venues that don't want to be in a
2,200 seat theatre. We are going to get a new 600 seat theatre so that we can do a lot more
things. Why are we going to add theatres if we don't need them. We need them everywhere for
the enjoyment.
Bob Nickel, Ward 1 resident: Thanked the city staff and the ones who put together the proposal
for the Walton Arts Center. I think it was a magnificent proposal, it was only missing one thing a
financial guarantee package. As a city we can't give that to them. I feel it would be
inappropriate to renegotiate a contract. I believe them when they say they are going to have
good programming here and they are not going to let this die on the vine. It would not be to their
benefit. I don't think that we need to demand some document that says they are going to commit
to us. I don't think we need to try to force an issue. I think it would be inappropriate and it
might hurt the funding raise efforts that are going to build both new facilities.
Terri Trotter, resident of Fayetteville and with the Walton Arts Center: Our current lease,
which is held jointly between the City of Fayetteville and the U of A, is valid through 2017. We
don't see a need to take a look at that right now. However, I want to let you know we are very
much looking forward to conversations moving forward with the City, the Mayor, and the
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Chancellor. We have a lot of exciting things on the horizon. The opportunity to create a new
theatre complex in our Entertainment District is something that we can hardly wait to get started
on. There is a lot we have to figure out in moving forward with that. We are anxious to start
those dialogs about the things that will help us move forward. Things like figuring out where we
are going to put this and what are the development opportunities. Creating a new complex gives
us the opportunity to begin to look at what goes with that. We have to address the parking issue,
that is something you have been fantastic in working on already, the opportunity for additional
retail, for a hotel, there are limitless possibilities down there. We have a lot of dialog that needs
to happen. We are excited about beginning those conversations. We hope that we can turn our
attention to planning for how we grow the entertainment district.
Alderman Petty: If you count all the existing theatres and the seats in the stadiums and the
planned theatres, how many seats will the Walton Arts Center be managing?
Terri Trotter: Roughly 30,000.
Alderman Petty: Only 2,200 of those will be in Bentonville?
Teri Trotter: Correct.
Alderman Petty: Thank you.
Alderman Thiel: That is after everything is built out as planned, right?
Terri Trotter: Yes. In addition to new bricks and mortar projects, one of the things we have
heard from the University and people in Northwest Arkansas, is an area they feel lacking is
popular music concerts. We have begun looking at how we might be able to address that need.
Two things we have looked at are working on an opportunity to purchase the AMP. We have
also been working with the University particularly the athletes department to be their concert
management agent.
Alderman Thiel: Why do you see a down side or problem with looking at this contract again?
We do that with non profits that run facilities for us that offer things to our public.
Terri Trotter: When you have a building lease that is the time to talk about content. I
understand this is largely about content and that is really not the purpose of a lease. We have
committed to maintaining quality arts and entertainment in Fayetteville. That is what we are all
about. If we don't do that we have a huge challenge in terms of being able to run our business.
We are a non profit organization which means we rely on the sale of our product. People have to
want to buy tickets, they have to not only want to buy tickets, they have to want to donate money
on top of buying their tickets for us to even do what we do. We are very committed to making
sure we maintain quality programming. I can't tell you specifically what programming we are
going to have five to ten years from now, nobody can. We don't know what the world will look
like five to ten years from now. We can tell you what the vision is for the spaces and how we
see that functioning. We see Baum Walker Hall functioning in a very similar way to how it
functions now. It is a very multi purpose hall, everything from Broadway to dance, music and
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classic entertainment That is how we see that hall function, that is what a 1,200 seat hall does
for performing arts centers. We see additional opportunities for both of the two new venues,
largely bringing in performances that are not currently in the market place.
Alderman Gray: Would you tell me about the 30,000? Are you counting Bud Walton?
Terri Trotter: Yes, we were looking at Bud Walton, Barn Hill, The AMP, Baum Walker Hall,
a new 600 seat hall, a new 2,200 seat hall, Star Theater and possibility Nadine Baum Studios.
Alderman Gray: Thank you.
Steve Clark, President of Fayetteville Chamber of Commerce: On behalf of the Fayetteville
Chamber of Commerce he thanked Alderman Cook, Alderman Rhoads, and Alderman Lucas for
their leadership and the things they have done to make the city a better place.
We at the Chamber of Commerce have had a great deal of discussion about this. We are
passionately involved and I compliment this board for being passionately involved as well.
Alderman Rhoads spoke correctly when he talked about a sea change that he had noticed in our
city and in our region. That sea change is much more visible today then it was five or ten years
ago. Almost twenty years ago when the Walton Arts Center was being conceived, planned and
operated there was a plea for regionalism. We saw donors from outside of Fayetteville and
Washington County make commitments and pledges. They did that on the basis of the dialog
that we in the City of Fayetteville shared with them, part of that was negotiating a lease. That
lease is in place and it has protected and advanced the interest of all parties, the City of
Fayetteville, Washington County, the other cities of Northwest Arkansas, and the County of
Benton. That is a document I believe was clearly negotiated in good faith and continues to
operate today in good faith.
There are going to be new venues. There is a great deal of dialogue going on about those
venues. Having spoken with some of those who negotiated those original documents, I was
informed that in those original documents there are provisions for trust for both the operations of
the Walton Arts Center as we now know it. There is money set aside to guarantee those
operations and the ability for those operations to go forward. Money is also set aside as trust
funds for the facility itself. The Chamber has been interested in seeing that the facility itself
increases and is improved. Like any facility that is 17 or 18 years old times change, situations
change and needs change. It seems to the Chamber of Commerce that our position is we should
continue to remain zealous in our efforts to be involved in this process. We ask you as the
Council to remain zealous in your efforts to monitor the process. We believe we as the Chamber
want to continue to be a partner with you in those efforts but we see no reason to renegotiate an
existing lease that has six or seven years remaining. The decisions that are at the forefront today
are not about the lease, or the terns that are part of that legal document, the decisions that are in
the foreground today are about the development of new venues. There is a great deal of
opportunity for a great deal of input. There is no doubt in my mind that this Council and the new
members of the Council will have an enormous amount of impact on what is done because of
your leadership for our city and because of your personal relationships with the members of the
Board of the Walton Arts Center. This is not about employees. That board is comprised of five
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appointees from this city. I would urge you to continue to be passionate in your monitoring of
this process.
I compliment City Attorney Kit Williams. He has done the best that a lawyer can do in
representing his client and these issues by making sure we stay passionate about these concerns.
I would urge you to take no action tonight.
Alderman Lewis: I have attended the meetings that we have been invited to in order to better
understand how the performing arts are managed specifically through the Walton Arts Center.
As I understand it there is a model that essentially they have to follow. The performers and
shows demand the number of seat that they want. It's really about providing a variety of venues
so that you have a variety of types of shows. It seems like there is a model that is being followed
that goes beyond us and the Walton Arts Center. It's in the best interest of that business to fill
those venues. There is a business model that is really important. I am a huge supporter of every
kind of arts. This was a balanced approach in that you have a regional perspective. I think we
can maintain the communication just as we have. We have a good relationship, maybe better
than we ever have. To me the best way to guarantee rather than a contract or a lease agreement
is to support the arts. The more we support the arts the better our shows will be. I really respect
the effort and I agree that we need to question it. I will not support this because I feel like this
story goes beyond a lease agreement it's a much more complex system.
Alderman Cook: I agree with Sarah's comment that the programming we get is what we
demand as citizens and users of the arts center. As long as we continue to support that and
support the shows they are bringing they will continue to give us the level that we expect. I
don't think this is the route that we should go right now. I'm not personally enthused about the
decision that was made but I think we gave it our best effort and I'm proud of what the City did
with that. The decision was made and we still end up with a 600 seat theatre. I wish we could
have it all here but I think that will spell good things for Fayetteville as we go forward in
programming. The Walton Arts Center is committed and the lease we currently have is good for
the next seven years. At this time I am not supportive of this.
Alderman Petty: I appreciate the opportunity to have this discussion. Thank you for bringing it
forward and thanks to the City Attorney for advising us of all our options. For me it's a matter
of practicality, tickets have to keep selling if the Walton Arts Center is going to maintain its
operations. With the majority of the seats for those tickets being in Fayetteville I think
practically speaking there is no way the programming could really falter here. We could
renegotiate the lease and put in some content requirements that might have some symbolic merit
but as a matter of practicality it doesn't really change anything. For those reasons I don't think it
would be the right decision for the Council to direct our staff to spend time and energy working
on a lease renegotiation. I think the level of discussion around this issue needs to be elevated a
little bit. We have talked about regionalism in the past and I think this is the case where we need
to really commit to that. In this process we have seen an attitude where Fayetteville wants to be
the leading performing arts destination of Northwest Arkansas and I think that is wrong on one
level. I think we need to focus on Northwest Arkansas being the performing arts destination of
the Midwest and the South. As Fayetteville and as elected leaders I think it is our job to commit
to that future and figure out how Fayetteville fits into that vision. For me it comes down to the
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bottom line. We look at where Fayetteville is right now and we look at the opportunities we
have for the arts in Fayetteville right now and we look at Fayetteville a decade from now and we
are going to be a lot better off because of these expansion plans. We need to take a regional
approach and regional outlook and commit to that.
Alderman Ferrell: The whole Council joins you in your concern for the arts and in this case
our entertainment the Walton Arts Center. We have had for some time an agreement with them.
It's not as specific, as what I'm hearing we would like to have, but it's worked pretty well. I
would hope that if there are questions and we need to do something that the City, University of
Arkansas, and the Arts Board could work together to try to iron out whatever is going on. It's
healthy for us to continue to visit with each other at the end of the day we are all going to be
better off. We are going to have more venues and more seats available. I would not support the
action and I would ask you that you reconsider.
Alderman Lucas: I know there were a lot of citizens that were disappointed that our proposal
for expansion to a 2,200 seat performing arts facility in Fayetteville was not chosen. I was proud
of the proposal that was done by the committee which included citizens of Fayetteville, city
administration and the Chamber. I appreciate their work but it wasn't to be at this time. We
have had great programs at the Walton Arts Center. I'm satisfied that we will continue to have
great programs and performances at our Walton Arts Center in Fayetteville. We still have six
years on the contract and I don't see any reason to renegotiate it at this time so I won't be
supporting it.
Alderman Rhoads: I don't know what I can add that hasn't already been said.
Alderman Thiel: I appreciate the confidence of the City Council on this that we are going to
continue the current level of entertainment that we enjoy in Fayetteville and I certainly hope that
is the way it all plays out. The regional aspect is good but I represent the citizens, taxpayers and
businesses in Fayetteville and that is why if there is something we can do that might provide us
with some kind of assurance we should do it. I understand that there are no guarantees but a lot
of citizens would have felt better if there were some kind of assurances in writing. I will make a
motion because I want it in the record that I supported taking some kind of action. The City of
Fayetteville has lost a major battle. I want it in the record that I supported the citizens, and
businesses of Fayetteville.
Alderman Thiel moved to approve the resolution. Alderman Gray seconded the motion.
Alderman Gray: No one seems to talk about the fact that we were told that in this process of
making the decision on where the 2,200 seat auditorium would go that we were going to look at
the proposals that came in, the committee would pick the final three, then there would be
considerable discussion, then a decision would be made in the spring. Everyone seems to have
forgotten that was what we were told. That is one reason Brenda and I feel like our citizens need
to have some additional assurances that the contract is going to be followed. There are changes.
It is not like it was when the contract was written. I think it would be totally appropriate, under
those circumstances, and under what we have been through in the last few weeks, that we have
some additional assurances that our Arts Center is going to continue to support our arts needs as
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well as our City. If there is any explanation about why the decision was made, the way it was
made, and when it was made I would like to hear it at this time because that was not a part of the
agreement.
Mayor Jordan: You might ask Terri Trotter to come back.
Alderman Gray: Terri can you come and give us an explanation on that?
Terri Trotter: I'm not sure about the agreement you are talking about. We began the site
selection process in early 2010 and the goal at that time was that by the end, of the year the
committee would bring a recommendation to the board. They anticipated it would be one to two
sites. As we got in the mist of the proposals we thought that perhaps it might stretch longer than
that. As we starting going through them the committee said they wanted to do what was right so
we don't feel like we needed to be held to that end of the year deadline, if it stretches into the
spring that's fine. As it turned out as we went through them we got some clarity and we finished
the process exactly on the timeline and in the way we had set it up. It didn't end up stretching
longer like we initially thought.
Alderman Gray: Mr. Williams is that the agreement you recall?
City Attorney Kit Williams: I don't think there was an agreement. There were public
statements by the Walton Arts Center that they were going to reduce the number down to three
and then have further input and discussions and then decide in the spring. There wasn't a formal
agreement made so their statements were not enforceable. To have a statement be enforceable
you have to have a contract and we had no contract.
Alderman Gray: Right, but those statements were made.
Terri Trotter: It's possible that the goal was to have one to three. I remember two but it might
have said one to three sites by the end of the year. By the end of the year was the initial stated
goal. Again, it's a process and we are dealing with a committee and it's a dynamic on going
process. We actually did complete the process basically like we expected.
Alderman Rhoads: I want to echo what Matthew said and that is what a good City Attorney
does is he brings forth things that a Council needs to review. I salute that. I remember looking
at this issue of where might the Walton Arts Center expansion go. I went back and looked at my
file and I starting working on this with three different hats on in January 2008. One hat was a
City Council hat, I think I spoke with a lot of vim and vigor about how we should do whatever
we possibility can to keep it in Fayetteville, Arkansas. I also had a Fayetteville Economic
Development Council hat on which then worked into the Green Valley Development and with
that hat on I pushed and worked really hard trying to make sure that we kept the expansion here
in Fayetteville, Arkansas. I also worked on an ad hoc committee working behind the scenes and
talking to the folks around here in Fayetteville as well as the people in Bentonville. What the
City proposed was a good proposal. We gave it our all but at the end of the day when the lead
donor says they want it in Benton County and if in your heart of hearts you really believe they
also want the full enterprise of the Walton Arts Center to be wildly successful and to bring
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culture and bring arts to all of Northwest Arkansas then you have to salute the decision. Just
because you have the legal right to make a demand that we renegotiate a contract doesn't mean
you always take that legal right. Sometimes you just salute and say we gave it an effort and we
trust you and we believe this will all work in our best interest as well as the best interest of the
communities north of here. I certainly wouldn't support it.
Upon roll call the resolution failed 2-6. Alderman Thiel and Gray voting yes. Alderman
Lucas, Lewis, Cook, Petty, Rhoads, and Ferrell voting no.
This resolution failed.
The following item was removed from the Consent Agenda for discussion:
Community Access Television, Inc.: A resolution approving a contract with Community
Access Television, Inc. in the amount of $93,000.00 to provide public access television channel
operation services for calendar year 2011.
Lindsley Smith, Communications and Marketing Director gave a brief description of the
resolution.
Alderman Petty: I pulled this off of consent because I would like to offer a minor amendment.
One thing that has changed from years previous is now there is a residency requirement. You
must be a citizen of Fayetteville in order to use services of the public access channel which I
support. However, I would like to grandfather in all those who have received producer
certifications in the past. When they received those certifications there was an understanding
that as long as they recertified in their skills training each year they would be able to continue to
use the facilities. With the residency requirement now I would like to grandfather them in as a
matter of fairness.
Alderman Ferrell: How many people are we talking about?
Alderman Petty: Less than a dozen but I don't know for certain.
Alderman Ferrell: If they have moved to other communities have they tried to start community
action television in their new community?
Alderman Petty: That would be interesting to know. I don't know the answer to that however;
I do believe that they continue to produce quality programming. I also think they are an asset at
the community access channel for familiarizing new producers, which must be Fayetteville
citizens, with the process and operations. I think there is some value to be gained by
grandfathering in those who have already earned a producer card even if they have moved out of
the city limits.
Don Marr, Chief of Staff There are fourteen individuals that would qualify for that
continuation of grandfathering. Five of those are active program producers the remaining
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includes the people requesting to import programs. They have to produce one Telecast Quality
Programming.
Alderman Lewis: How many total producers? There are fourteen that would fall under this
amendment.
Anne Shelley, Executive Director with Community Access Television: Within the past year, if
you look at just certified producers and also import requesters there have been approximately 74
of those that are residents of Fayetteville and approximately 14 of those non Fayetteville
residents. There are five very active producers who use the facility and equipment some on a
weekly basis that are non Fayetteville residents.
Alderman Ferrell: Does staff have an opinion on this?
Don Marr: We haven't really talked about any type of grandfathering. We were focused on the
fact that we were trying to get our minimum certified producers done under the contract as our
first priority. We felt like there should be priority given to the people who actually fund the
center which are the Fayetteville citizens. That was our primary focus in the contract
renegotiations this year.
Lindsley Smith: The services are provided on first come first serve basis. That will continue to
exist despite how the Council rules on this. In previous contracts the service area has been all of
Washington, Benton, Madison, and Carroll County. This contract does differ in that it focuses
on the individuals who are paying for the service, those who live in Fayetteville, to receive
training, assistance with productions, city building use, editing bays and equipment camera use.
Don Marr: The only area that we expanded the use of the center outside of Fayetteville for paid
services was to Washington County. We were looking at the primary viewing area included
under our cable franchise. We felt that the world is different today with the use of You Tube
and accesses that give people viewer ship worldwide now verses only through public access. It
would also create a greater advocacy to get public access channels in other communities. If
people had the need and desired to do that they would lobby their Councils to get that service.
We believe the people utilizing it, because we are first come first serve, should be the people
paying for it.
Lindsley Smith: I have been with the city for a year and I have talked to people about the public
access service the city provides. Outside those that use the facility now, I have yet to find one
person that knew the City of Fayetteville provided services where they can be trained to use
equipment, check out equipment and bring your program back and we will put it on cable for
you. The people I tell are very excited about it. The contract stated they should train 50
Fayetteville residents per year.
Alderman Lewis: What is your perspective on the proposed amendment?
Anne Shelley: We certainly don't want to deny access to any of our producers who have been
committed. If the contract can be approved with that amendment we are 100% behind it as a
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staff to grandfather in the producers that have been active and making quality programming for
Public Access Television in Fayetteville. In 2011 we will be increasing our classes offered from
12 hours per month to over 60 hours per month. We agree that it should be Fayetteville focused
but not exclusive considering where we are coming from in our history.
Alderman Lucas: How many committed producers are there from outside the City?
Anne Shelley: There has probably been about five to seven some come on a daily basis and
definitely on a weekly basis that are proactively producing shows that are being aired on
Fayetteville Public Access Television.
Alderman Lucas: Can we limit it to present committed producers?
City Attorney Kit Williams: The language I would suggest is "a resident of Fayetteville or an
existing acting certified producer who has completed all requirements."
A discussion followed regarding the change in language.
Alderman Ferrell: What did you say about including Washington County?
Don Marr: We currently provide services to four counties. Because we are providing the
training now free of charge we wanted to limit it to the City of Fayetteville citizens. There was a
concern that should we allow individuals in the County who may have participated in the past to
do it for a fee payment to take the class. We allowed that in the contract and limited it to
Washington County rather than the four counties previously listed. I have all the confidence in
the world in Anne Shelley as the new director to come in and make the changes we want to see
because I have been very impressed with our communications with her. We had an under
performance in the contract. That is a problem so we want the emphasis to be on the City of
Fayetteville citizens.
Alderman Petty: This amendment only deals with producers. Non residents wouldn't be able
to request programs. The fee for training for Washington County residents is just for training.
Those who are already certified in the past must under go a skills recertification not the entire
orientation.
Alderman Ferrell asked Alderman Petty if he would accept an amendment to his amendment
that the ones that moved out of Fayetteville but still reside in Washington County be
grandfathered.
A discussion followed regarding the amendment.
Alderman Petty: If this amendment fails by one vote I will offer a second motion but whether
they live in Benton, Washington, Madison County as long as they are active certified producers I
think we need to stick to the understanding we entered into.
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Alderman Lewis: Could you add effective existing producers as of the date this takes effect and
from then on it is only for Fayetteville residents?
City Attorney Kit Williams: Yes, but you are talking about asking Alderman Petty to amend.
Alderman Petty: Sarah is right I want to be very clear. Only those who have been certified
previously who no longer live in Fayetteville shall be grandfathered in.
City Attorney Kit Williams read the amended resolution.
There was no public comment.
Alderman Petty moved to amend the resolution to state a resident of Fayetteville or an
existing active certified producer who as completed all the requirements shall be
grandfathered in. Alderman Rhoads seconded the motion. Upon roll call the motion
passed 7-1. Alderman Ferrell voted no.
Alderman Petty moved to approve the resolution. Alderman Thiel seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 232-10 as recorded in the office of the City Clerk.
Motorola, Inc.: An ordinance to waive formal competitive bidding and award a contract to
Motorola, Inc. for the purchase of equipment and software for Fayetteville Public Safety's Nine
Channel Astro 25 IP Simulcast Radio System with Phase I to cost $5,759,471.00 with a
contingency of $558,529.00 and waive further formal competitive bidding for Phase II and other
necessary equipment and upgrades for a period of three years and to approve a budget
adjustment of $4,659,732.00.
City Attorney Kit Williams read the ordinance.
Police Chief Greg Tabor: This item is for the expansion and replacement of the city radio
system. It is not just for police and fire but all city employees that use the radios. The current
system we have now is a one site system and was installed in 1985. It was upgraded in 2000. It
is reaching the end of its life expectancy and it is becoming harder to get parts. This new
proposed system is for a three tower site which will improve the safety of any one that uses the
system.
Kathy Stocker, Dispatch Manager gave a power point presentation regarding the radio system.
This system will be connected to the Arkansas Wireless Information Network which allows the
city to ensure a coordinated approach to preparedness issues and take appropriate steps towards
regional interoperability. Our objective is to improve our radio system performance, improve the
cities ability to respond to emergency situations and better protect lives and property of the
citizens of Fayetteville by expanding coverage. It will also improve and reduce city employee
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safety risk. We tried to obtain frequencies for the County system and there were not enough
available in the frequency range that they use so we were unable to get onto the County system.
Alderman Lucas: Did you say it doesn't jive with the County's.
Kathy Stocker: We tried to get on the County's system. We applied for frequencies in the
range they operate on but there were not enough to handle the size of the City of Fayetteville.
Paul Becker, Finance Director: $1.7 million of the funding is from Federal grants specifically
for this radio program. There is a time table for the use of those grants. We are using $2.5
million from impact fess which can be used because it is for expansion of the system in newly
developed areas of the city. This system is used by Water and Sewer, Solid Waste, Parks and
Parking therefore we can allocate those costs based on their use of the radio equipment back to
those special revenue and enterprise fund systems. We have allocated it back to those funds and
have used cash reserves from those funds to pay for the system. We can not solve any General
Fund problem with any of the funds that we are using for that. The General Fund is separate.
That is how the funding came together.
Alderman Ferrell: I know this is something that has been coming for a long time. I support
this.
Alderman Lucas: I think this is very important and I appreciate you working on this.
Communications between the Police, Fire, and the City, and all emergency services is extremely
important. I support this.
Paul Becker: Thank you Alderman Lucas. This was a combined effort with many departments.
I would like to credit Kathy Stocker for her hard work on this.
Don Marr: When this discussion started years ago it was in the $3 million dollar range. Over
this time period the price has went as high as in the mid $8 million dollar range. It highlights a
problem the City often struggles with with major asset items. Your annual budget handles things
you can pay for within a single year and the CIP gives you a five year period to be able to accrue
money. There are items out there that require funding discussions on a much broader scope.
This would not have been possible without multiple administrations and multiple lobbying
efforts at a federal level and commitment by Senator Lincoln, Senator Prior, and Congressman
Boozman and their allocations of getting that funding in the Federal grants. I also want to thank
Paul Becker, Kathy Stocker and David Jurgen for their work. It is a critical expenditure. We
are trying to do a good job in the future of identifying those major assets that require something
more creative than the CIP schedule.
Alderman Ferrell: What is the life expectancy of the system? Will the change that is going
occur in the Motorola Corporation have any affect on the availability of replacement?
Kathy Stocker: It will not have any effect. When we did the last upgrade they gave us a seven
to eight year expectancy and we made it for ten years and we will see this go another ten years
probably.
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Dominic Swanfeld, President of the Fraternal Order of Police and member of the Fayetteville
Police Department thanked Aldermen Cook, Lucas, and Rhoads for their service. We support
this project. Fayetteville and the employees will be a safer community with this process.
Chris Lynch, Assistant Fire Chief spoke in favor of the ordinance.
Alderman Lucas moved to suspend the rules and go to the second reading. Alderman
Lewis seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Lucas moved to suspend the rules and go to the third reading. Alderman Lewis
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan thanked the staff that has worked on this.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5373 as Recorded in the office of the City Clerk
Smith Communications, LLC: A resolution to approve two tower space and ground lease
agreements with Smith Communications, LLC for a total annual rent of $36,000.
Police Chief Greg Tabor gave a brief description of the resolution.
Alderman Ferrell moved to approve the resolution. Alderman Thiel seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 233-10 as recorded in the office of the. City Clerk.
RZN 10-3608 (Parker): An ordinance rezoning that property described in rezoning petition
RZN 10-3608, approximately 0.74 acre, located at 101 East Alice Street, from RSF-4,
Residential Single -Family, 4 units per acre, to C-2, Thoroughfare Commercial, subject to the Bill
of Assurance.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Internal Services and Development Director stated the Planning Commission
voted 6-2 on November 22nd to forward this item to you with the recommendation for approval.
He gave a brief description of the ordinance. He stated the applicant has submitted a Bill of
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Assurance. Staff did not recommend approval of the rezoning request. We felt a conditional use
permit would be more appropriate.
Alderman Petty: Does a Bill of Assurance mean if the property was sold in the future, as long
as it continued to be Thoroughfare Commercial the Bill of Assurance would continue to apply to
the new ownership.
Jeremy Pate: That's correct. It runs with the land essentially, it can be changed by approval of
City Council.
Alderman Petty: That is one of my main concerns with the item combined with the fact that its
butted right up against a residential neighborhood on the east and south sides has me wondering
if we should do a tour of this property. I think we should discuss with the applicant the merits of
a Community Services designation.
Alderman Thiel: I agree with Matthew. I would prefer to see this zoned Community Services
because of the flexibility that Community Services has. It would also have to be a conditional
use permit to do what they want to do with it. I appreciate staffs concerns about screening and
engineering.
Alderman Ferrell: Alderman Rhoads and I have not had a single comment. Jeremy did you
say they want to put electric cars there?
Jeremy Pate: At the Planning Commission they discussed that was one of the brands expanding
for Nissan therefore they are requiring more space. This was the option for them to purchase that
property to expand their dealership.
Alderman Ferrell: Thank you. I hope we don't run into a disconnect here. I thought that was
the kind of things we really wanted.
Alderman Lewis: This is a zoning discussion and there is no way we can tell. If it's C-2 we
don't have any say on what they do with it.
City Attorney Kit Williams: That's not correct. The Bill of Assurance limits them
dramatically on what they can do. They can only do what the Bill of Assurance says which is the
automobile expansion and parking lot. If they did not give us a Bill of Assurance you would be
correct. Since they have given us a Bill of Assurance they could not do that.
Alderman Lewis: Bringing up the idea that it is an environmental thing is ridiculous. If it was
really environmental they would build a second story. That is a residential area that needs to be
respected and protected and have the integrity of it protected. I would like to go see it.
Alderman Ferrell: I would think that if it is going to have the potential to do damage to the
residential that Alderman Rhoads and I would have heard a lot. Looks like they are trying to
take that into consideration with this Bill of Assurance etc.
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Buckley Blue, Land Surveyor: My client Ms. Bailey, Superior Nissan, a well as the Parker's
which are the current owners of the property have asked me to speak on their behalf They
wanted me to emphasize that if you look at this piece of property it is not that commercial is
going to be encroaching into residential. It is more like residential is encroaching into
commercial. We are surrounded by commercial on two sides. The lot we are splitting is 1.6
acres. The lots in that subdivision are .25 acre. We are still leaving a lot that is going to be four
times the size of the lots in that subdivision.
The other issue Ms. Bailey had was the fact that they are requesting a zoning district that gives
them the use by right. They need this to be zoned appropriately so they can purchase the
property to expand their dealership. Ms Bailey is not interested in a conditional use with a
Community Services zoning.
Alderman Lucas: It looks like RO is north of the property and it looks like there is a business
south of it.
Jeremy Pate: Correct, directly to the north is an RO piece of property.
Alderman Lucas: It evens up with that?
Jeremy Pate: It runs a little bit west. The back of the commercial building beside it would run
generally in line with that on the east side.
Alderman Lucas: Thank you.
Alderman Lewis: The applicant is willing to go through the process of a Bill of Assurance but
not the conditional use?
City Attorney Kit Williams: The Bill of Assurance is a voluntary offer by an applicant to try to
induce the City Council to grant a rezoning. With a conditional use they would come before the
Planning Commission and Planning Staff could make recommendations as to what they would
have to do. The Planning Commission would either except the recommendations or make other
recommendations.
Alderman Petty: I want you to think of this as an opportunity. I am reluctant to support
Troughfare Commercial rezoning because we need to make sure there is opportunity to have a
transition from commercial to residential. That is something Troughfare Commerical does not
do.
John Malloy, Superior Nissan stated Ms. Bailey's goal is to square up the existing C-2 property.
She has agreed to put a 10 foot buffer on the back side of the property.
Alderman Lucas asked the Aldermen if they had heard from the people in the house next to it.
Alderman Ferrell: No.
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John Malloy: We have received letters from several people that own property back there
supporting what we are doing.
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Rhoads seconded the motion. Upon roll call the motion failed 4-4. Alderman Lucas, Gray,
Rhoads and Ferrell voting yes. Alderman Lewis, Thiel, Cook and Petty voting no.
This ordinance was left on the First Reading.
Amend Chapter 166: Development: An ordinance amending Title XV: Unified Development
Code of the City of Fayetteville, to amend Chapter 166: Development, in order to require private
street signs.
City Attorney Kit Williams read the ordinance.
Karen Minkel, Director of Strategic Planning and Internal Consulting: This change would
require a developer or property owner to install, maintain, repair and replace all private street
name signs. This was forwarded from the Planning Commission with a recommendation for
approval with a vote of 8-0. If this ordinance is passed, notification will be sent to the property
owners on existing private streets that lack street signage.
Alderman Ferrell: Are they grandfathered?
Karen Minkel: That's correct they don't have to do anything. We just want to make them
aware of the change.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Cook
seconded the motion. Upon roll call the motion passed 6-0. Alderman Lucas and Gray
were absent during the vote.
City Attorney Kit Williams read the ordinance.
Alderman Thiel moved to suspend the rules and go to the third reading. Alderman Ferrell
seconded the motion. Upon roll call the motion passed 6-0. Alderman Lucas and Gray
were absent during the vote.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams: We can not require someone that is already living on a private
street that does not have signs on it, to put up a sign. If there is development on that street there
is a need for a private street sign caused by the development.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Gray was absent during the vote.
Ordinance 5374 as Recorded in the office of the City Clerk
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Amend Chapter 174: An ordinance amending Title XV: Unified Development Code of the
City of Fayetteville, to amend Chapter 174: Signs to include signage designations for recently
adopted zoning districts, to allow for limited wall signage for businesses approved by conditional
use permit in the RSF and RT Zoning Districts, and other amendments.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the ordinance. He thanked Kit Williams for his help
with the ordinance.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Cook
seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent
during the vote.
City Attorney Kit Williams read the ordinance.
Alderman Thiel moved to suspend the rules and go to the third reading. Alderman Lewis
seconded the motion. Upon roll call the motion passed 6-0. Alderman Gray and Petty were
absent during the vote.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Gray and Petty were absent during the vote.
Ordinance 5375 as Recorded in the office of the City Clerk
Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive
bidding and approving a contract between the City of Fayetteville, Arkansas and Fayetteville
Youth Center, hic. in the amount of $205,350.00 to provide public recreation services for the
youth and citizens of Fayetteville for 2011.
City Attorney Kit Williams read the ordinance.
Connie Edmonston, Parks and Recreation Director gave a brief description of the ordinance.
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was
absent during the vote.
City Attorney Kit Williams read the ordinance.
Alderman Ferrell moved to suspend the rules and go to the third reading. Alderman Lucas
seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent
during the vote.
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City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Gray was absent during the vote.
Ordinance 5376 as Recorded in the office of the City Clerk
Northwest Arkansas Economic Development District: An ordinance waiving the
requirements of formal competitive bidding and approving a contract between the City of
Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the
amount of $53,350.00 to provide public recreation services for the senior citizens of Fayetteville
for 2011.
City Attorney Kit Williams read the ordinance.
Connie Edmonston, Parks and Recreation Director gave a brief description of the ordinance
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Lewis seconded the motion. Upon roll call the motion passed 6-0. Alderman Gray and
Thiel were absent during the vote.
City Attorney Kit Williams read the ordinance.
Alderman Petty moved to suspend the rules and go to the third reading. Alderman Rhoads
seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent
during the vote.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Gray was absent during the vote.
Ordinance 5377 as Recorded in the office of the City Clerk
New World Systems Corporation: An ordinance waiving the requirements of formal
competitive bidding and approving a three (3) year contract with New World Systems
Corporation for public safety software service and maintenance in amounts of $95,221.00 for
year 2011, $99,982.00 for year 2012, and $104,981.00 for year 2013, plus applicable sales taxes.
City Attorney Kit Williams read the ordinance.
Chief of Police Greg Tabor gave a brief description of the ordinance.
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Alderman Cook moved to suspend the rules and go to the second reading. Alderman Petty
seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent
during the vote.
City Attorney Kit Williams read the ordinance.
Alderman Cook moved to suspend the rules and go to the third reading. Alderman Lewis
seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent
during the vote.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Gray was absent during the vote.
Ordinance 5378 as Recorded in the office of the City Clerk
Announcements:
Alderman Ferrell stated it has been his pleasure to serve with all of you.
Alderman Thiel stated she has really enjoyed working with all three of you. She also stated she
is going to miss them all very much and she appreciated all the work they have done for the City
and the City appreciates it.
Alderman Lewis thanked them for being good models and their professionalism.
Mayor Jordan wished all the citizens the happiest of holidays. He stated it has been a great
honor and privilege to serve with all of you over the last eight years and wished them well with
all their endeavors.
Meeting adjourned at 8:35 p.m.
Sondra E. Smith, City Clerk/Treasurer
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Nominating Committee Report
Meeting: Wednesday, December 15, 2010
City Hall, Room 326,4:30 p.m.
Members Present — Kyle Cook, Bobby Ferrell, Adella Gray, and Shirley Lucas
The Committee recommends the following candidates for appointment:
Airport Board
Mike Gibbs — One unexpired pilot term ending 12/31/14.
Rick Bailey — One aeronautical term ending 12/31/15.
Audit Committee
Tony Uth — One term ending 12/31/13
Environmental Action Committee
• Cindi Cope — One citizen at large term ending 12/31/13.
Housing Authority Board of Commissioners
• Hugh Earnest— One term ending 12/28/15.
• Matthew Cabe — One unexpired term ending 12/28/11.
Parks and Recreation Advisory Board
• Steve Meldrum — One tern ending 12/31/13.
• Quin Thompson — One term ending 12/31/13.
• Riley Mason — One tern ending 12/31/13.
Telecommunications Board
Russ Davis — One unexpired term ending 6/30/13.
Michael Spencer — One unexpired term ending 6/30/13.
Tree and Landscape Advisory Committee
• Lacy Nelson — One forestry, landscaping, or horticulture term ending 12/31/12.
• Nancy Varvil+— One environmental term ending 12/31/12.
• Lois Slusarek — One unexpired service organization term ending 12/31/11.
• Cindi Cope+— One unexpired land development term ending 12/31/11.
• Emily Kaitz — One citizen at large term ending 12/31/12.
• Henry Gaston — One citizen at large term ending 12/31/12.
+ Citizen at Large substituted due to no applicant from the appropriate category applied.