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HomeMy WebLinkAbout2012-03-06 MinutesMayor Lioneld Jordan City Attorney Kit Williams a e evl e City Clerk Sondra Smith ARKANSAS City of Fayetteville Arkansas City Council Meeting Minutes March 6, 2012 City Council Meeting Minutes March 6, 2012 Page 1 of 15 Aldermen Ward t Position 1 — Adella Gray Ward t Position 2— Brenda Boudreaux Ward 2 Position 1— Mark Kinion Ward 2 Position 2 — Matthew Petty Ward 3 Position 1 — Justin Tennant Ward 3 Position 2 — Robert Ferrell Ward 4Position 1 —Rhonda Adams Ward 4 Position 2 — Sarah E. Lewis A meeting of the Fayetteville City Council was held on March 6, 2012 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, Boudreaux, Kinion, Petty, Tennant, Ferrell, Adams, Lewis, Mayor Jordan, City Attorney Kit Williams, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 4th Quarter Financial Report 2011, Paul Becker, Finance Director Paul Becker gave the 4th Quarter Financial Report for 2011. Agenda Additions: Consent: Approval of the February 21, 2012 City Council meeting minutes. Approved 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 2 of 15 Office of National Drug Control Policy Gulf Coast High Intensity Drug Trafficking Area: A resolution approving a budget adjustment in the amount of $98,808.00 recognizing revenue from the Office of National Drug Control Policy Gulf Coast High Intensity Drug Trafficking Area. Resolution 43-12 as recorded in the office of the City Clerk. Water and Sewer Relocation AHTD-Utility Agreement: A resolution approving a contract with the Arkansas State Highway and Transportation Commission regarding utility construction and relocation of water and sewer utilities related to the Highway 112 Spur (Garland Avenue) Widening and Improvement Project. Resolution 44-12 as recorded in the office of the City Clerk. Garver, LLC: A resolution approving a contract with Garver, LLC in an amount not to exceed $40,000.00 for professional engineering services related to the renovation of the Wilson Park swimming pool deck and interior. Resolution 45-12 as recorded in the office of the City Clerk. 4248 S. School Ave. Hangar Improvements: A resolution awarding Bid #12-22 and authorizing a contract with Pick -It Construction, Inc. in the amount of $235,100.00 for construction of alterations and improvements to the hangar at 4248 S. School Avenue, approving a project contingency of $16,750.00, recognizing and accepting grant revenue form the Arkansas Department of Aeronautics to partially fund the project, and approving a budget adjustment. City Attorney Kit Williams: I think we need to pull this item. There was a slight change and we will have a new resolution to submit to City Council. Removed from Consent for discussion. City of Elkins Cost -Share Agreement: A resolution approving a cost-sharing agreement with the City of Elkins in an amount not to exceed $150,000.00 for replacement and improvements of the Elkins Outfall Sewer Line. Resolution 47-12 as recorded in the office of the City Clerk. Rosetta Construction, LLC: A resolution to approve a construction contract with Rosetta Construction, LLC for $692,223.00 with a contingency of $50,000.00 to construct the Elkins Outfall Gravity Sewer Improvements and to approve the attached budget adjustment of $416,818.00. Resolution 48-12 as recorded in the office of the City Clerk. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 aomssfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 3 of 15 Off Street Parking Development District No. 1 Appointment: A resolution to approve the appointment of James A. Williams, Jr. to the Board of Improvement of the Downtown Off Street Parking Development District No. 1 of the City of Fayetteville. Resolution 49-12 as recorded in the office of the City Clerk. Alderman Tennant moved to accept the Consent Agenda with #5. 4248 S. School Ave. Hangar Improvements being removed. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. 4248 S. School Ave. Hangar Improvements: A resolution awarding Bid #12-22 and authorizing a contract with Pick -It Construction, Inc. in the amount of $235,100.00 for construction of alterations and improvements to the hangar at 4248 S. School Avenue, approving a project contingency of $16,750.00, recognizing and accepting grant revenue form the Arkansas Department of Aeronautics to partially fund the project, and approving a budget adjustment. Ray Boudreaux, Airport Director explained that the State would not consider contingency on a project of this type so therefore the resolution has been changed. City Attorney Kit Williams explained that there would need to be a motion to amend the resolution and then another motion to approve it. Alderman Ferrell moved to amend the resolution. Alderman Kinion seconded the motion. Upon roll call the motion passed unanimously. Mayor Jordan read the amended resolution. Alderman Lewis asked if the contingency amount was the same. Ray Boudreaux confirmed that there was not a contingency. Alderman Boudreaux moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. Resolution 46-12 as recorded in the office of the City Clerk. Unfinished Business: Amend Chapter 151 Definition of "Family": An ordinance to amend the definition of "Family" found in Chapter 151 Definitions of the Unified Development Code to allow the City Council to authorize up to five (5) unrelated persons in some units of a Planned Zoning District. This ordinance was left on the First Reading at the February 7, 2012 City Council meeting. This ordinance was left on the Second Reading at the February 21, 2012 City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDf M (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 4 of 15 Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-1. Alderman Ferrell, Adams, Lewis, Gray, Boudreaux, Petty and Tennant voting yes. Alderman Kinion voting no. City Attorney Kit Williams read the ordinance. Alderman Lewis stated I would like to propose an amendment. City Attorney Kit Williams pointed out that the new language was bolded within Section 1. Alderman Lewis stated after hearing from neighbors and citizens, if this is going to pass I would like to have further assurance of the parking and traffic. She went on to read the proposed amendment. City Attorney Kit Williams further explained the amendment. Mayor Jordan: So if the Council determines that the traffic is unreasonable they can turn it down. City Attorney Kit Williams: That is correct. Alderman Ferrell: Who determines the rational for unreasonable traffic? City Attorney Kit Williams: Staff will make a recommendation and the Planning Commission will make a recommendation. The final determination is done by the City Council. Alderman Ferrell: Where would you go to consider problems to the adjoining neighborhoods? City Attorney Kit Williams: We are really leaving this much more to the City Councils discretion and judgment. It is very hard to decide on the front end how far you should go or where you should measure something. Alderman Ferrell: My expectation is that if and when some of these come forward they are going to be like a village. Alderman Petty: I am looking at 172.11 and Sarah this is the ordinance you brought forward to help control parking in the front yards? Alderman Lewis: Correct, Shirley Lucas and I proposed it and this Council passed an ordinance that would designate the parking area and limit the number of cars to four in the designated parking area. Alderman Petty: This code references single family homes and I only read it to apply to single family districts. So if a PZD were to come forward with a request to build multi -family units where five people could live together in a unit would this code apply? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDlTTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 5 of 15 City Attorney Kit Williams: It can and that is why I put in there that it must be in a multi- family planned zoning district because it cannot be in a single family planned zoning district. You can through this say that it will apply in very rare circumstances where you might allow up to five unrelated persons in a single housing unit. Alderman Petty: I was just curious how it would apply. I have never seen a multi -family unit where you could define what the front yard was. It sounds good. City Attorney Kit Williams: With these structures you might though because they might look very much like a house. Alderman Petty: The part that says we are to consider the traffic impact on other neighborhoods, aren't we already required to do that with every rezoning? City Attorney Kit Williams explained the current considerations and regulations. Mayor Jordan: We got into this debate over the sale barn and I remember in that particular rezoning that we did look at that. Alderman Boudreaux: It's been a while since we have done a planned zoning district but as I recall we did review a lot of things we don't normally review in a normal rezoning. Jeremy Pate, Development Services Director: That is correct because you are looking at the development as well as the zoning and there is a lot of criteria we have in the PZD ordinance to review. Alderman Boudreaux: I thought the streets and all that were a part of that. Does staff feel like this is being redundant or does it actually add to this? Jeremy Pate: The one thing it could add is that section related to adding the parking requirements. That may be a help in terms of the parking issue. Paula Marinoni, owner of property that would be affected by this amendment expressed her concerns and went on to speak against the amendment. Suzanne Owens, a Fayetteville citizen expressed her concerns with increased traffic. George Rozell, resident of 2015 Cleveland St. stated the amendment is a step in the right direction and he went on to speak in favor of the amendment.' Alderman Petty: Jeremy, can you clarify how Chapter 172.11 is applied in cluster developments where multiple units share the same parking area? Jeremy Pate: I don't know that we have had that application in the City yet. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 6 of 15 Alderman Petty: How would you imagine it would be applied if a new development according to the new clustered conditional use permit or cottage housing? Jeremy Pate: They are required to design where their parking areas are up front with that ordinance. So we anticipated that when we drafted that ordinance. They are dedicated parking areas that are designed up front with that particular ordinance. Alderman Petty: Is that also typical of most PZD's we have seen historically? Jeremy Pate: It is, with this particular ordinance it's not affecting the single family definition but more affecting a PZD with a multi -family component. Alderman Petty: I think this amendment is a good thing and I will vote for it. Alderman Ferrell: Since there is already consideration for parking and traffic this would be additional consideration. City Attorney Kit Williams: With any PZD as Jeremy explains you are looking at the parking Alderman Lewis: The reason this was requested was there is a possibility that people will request single family homes allowing five and that is where the specific parking regulation would apply. City Attorney Kit Williams: No single family zoned district could have five. Alderman Lewis: In a planned zoning district they could have a single dwelling and allow five people to live in it as long as it was linked to a PZD. City Attorney Kit Williams: As long as you all would approve a PZD within that area. Alderman Lewis: I am saying the same parking standards should still apply even if we increase the number of people allowed to live in a single structure. Alderman Petty: The basic premises of this amendment is if you are going to build something that looks like a house, it's got to follow the parking standards of what we apply to houses no matter how many people are going to live in it. Alderman Lewis moved to amend the ordinance to change the language of the ordinance to address the parking and traffic concerns. Alderman Petty seconded the motion. Upon roll call the ordinance passed 54. Alderman Adams, Lewis, Kinion, Petty and Mayor Jordan voting yes. Aldermen Ferrell, Gray, Boudreaux and Tennant voting no. Paula Marinoni spoke on her current property and how she wants to develop it. She went on to speak in favor of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayefteville.org Telecommunications Device for the Deaf TDDlTTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 7 of 15 An unknown citizen expressed her concerns with the parking issues and went on to speak against the ordinance. George Rozell asked the Council why the change is necessary. He expressed his concerns and spoke against the ordinance. An unknown citizen stated I am afraid this is a gateway to activity that we do not want in this city. She went on to speak against the ordinance. Mayor Jordan asked Aldermen Petty and Adams this is not being brought forward because of any single development is this correct? Alderman Adams: That is correct. Alderman Petty: That is correct. Mayor Jordan: I want to make that clear that the ordinance being brought forward will not affect the traditional neighborhoods. This is only for new development under a PZD. Alderman Petty: That is correct. Don Conner, resident of 1686 Shadowridge stated there is a real possibility that even if this is set up for PZD's that it is going to create a situation that people really won't understand. He went on to speak against the ordinance. Dlorah Hughes, resident of 927 Hall Avenue expressed her concerns with the increase of the number of unrelated people, the change in the definition of family and with the increased traffic. She went on to speak against the ordinance. Alderman Kinion: I would like to table this for two weeks which will give us an opportunity to discuss it with the Mayor at Open House. There are a lot of misunderstandings of the impact and implication this will have on the community and this will give us time to talk about it. Alderman Kinion moved to table the ordinance. Alderman Lewis seconded the motion. Alderman Boudreaux: I think the enforcement of the existing ordinance has made this a big issue. The City Attorney suggested that the Ordinance Review Committee look at another way of handling this ordinance. City Attorney Kit Williams further explained his suggestions. Alderman Ferrell: Would they get to confront their accuser? A lot of times I get complaints from people but they do not want to be involved but instead want the City to handle it. Also, why couldn't you just empower the Code Compliance Department with something that says we will cut their water off? Why couldn't we do that? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.orq Telecommunications Device for the Deaf TODfrTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 8 of 15 City Attorney Kit Williams: Citizens have due process rights and they have the right to listen to any evidence that is against them and to rebut that and present any arguments they might have to show that it is not correct. Alderman Ferrell: So when a citizen's water is cut off now, they are not called and told that we are going to cut your water off if we do not get paid. City Attorney Kit Williams: No, they are notified if they do not pay their bill that they are going to have their water cut off. This is for something that is independent of paying a bill and therefore we need to have a due process hearing. Alderman Ferrell: I think we need to loosen that and we are trying to build an erector set on this deal. Alderman Lewis: Thank you for drafting this and I am very supportive of this being reviewed at Ordinance Review Committee as a draft. This is something that is a constant issue in our community and we need to address it directly. I would ask that this project be tabled and be in coordination with this and come back to the Council together. Alderman Kinion: I would accept a friendly amendment to bring this back with the ordinance. City Attorney Kit Williams: The motioner and seconder can change their motion if they wish. It went from tabling it for two weeks to tabling it until the other ordinance is ready to come back before Council. Alderman Kinion: That way we can consider them together Alderman Petty: I cannot support the new tabling amendment. I think we are capable of considering both of these things as they are and making a decision about either one of them. He went on to respond to several comments that had been previously made. He asked when was the original definition of family passed. City Attorney Kit Williams: The one that I worked on was passed in 2002. Alderman Petty: So ten years ago there was an ordinance with a limit of three in single family units and four in multi -family units. When people tell me that allowing someone to ask for five people in a custom zone is going to spread to single family neighborhoods, my response is why hasn't the definition of four in multi -family spread to single family neighborhoods. A discussion followed. Alderman Petty asked for a show of hands of everyone that liked living in Fayetteville the way it is today. He went on to speak on Fayetteville's growth and the changes that need to take place to adapt to the growth. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDITTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 9 of 15 Alderman Gray: It seems to me that the biggest problem is enforcement. I am certainly supportive of the Ordinance Review Committee looking at a new way to enforce. I would like to see us vote tonight and take care of this and be assured that our attorney and committee will come up with a good way of enforcing and making improvements. I would also like to have a review in six months and see if we have been able to take care of issues that our community brought to us. Alderman Kinion: I don't think anyone from the University has spoken and I would like an open dialogue with the Vice Chancellor of Student Affairs. I would like to have input directly in front of the City Council before I would support this specific change because that way we will have a dialogue on record. Alderman Adams thanked the citizens for their input. She stated I did this because I think it is a good planning tool for our city. I think it allows developers to ask for something that we cannot hear from developers now and I continue to believe that a PZD is a rigorous and complex review process where we would invite lots of input and considerations. She went on to explain the feedback that she has received. Alderman Ferrell pointed out that Fayetteville has continued to grow over the years. He stated that people want good neighborhoods and a good place to raise a family. No matter where an applicant chooses to bring one of these to the Council you are going to see a tremendous amount of scrutiny. A discussion followed on when this would be tabled to. Alderman Kinion stated it is indefinite and it would come back after a solution has been made on the enforcement resolution and they would come forward together. A discussion followed on when the Ordinance Review Committee could meet. Alderman Kinion: It is my concern that there is a feeling that there has been a lot of confusion and misunderstanding of the implications on this. That is why I want to table it for a short while. Alderman Boudreaux: I see this as an innovative tool for providing more student housing. The review offered by the City Council will be good. I am supporting this ordinance and I do not see the need to table it. Alderman Lewis explained why it was important to table the ordinance. Upon roll call the motion passed 5-4. Alderman Ferrell, Adams, Lewis, Kinion and Mayor Jordan voting yes. Alderman Gray, Boudreaux, Petty and Tennant voting no. Public Hearing: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayefteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 10 of 15 Garland Avenue Water and Sewer Relocation Project: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by the Glen David Wilson Trust & Linda Kay Hinkle, Caren E. & Richard L. Hanna, Bob L. & Wilma B. Bonds, Margot Khavinson, Remington C. Hendrix, Spirits Shop, Inc., and Donald W. & Brenda Sue Johnston needed for water and sewer relocations along N. Garland Avenue, and approving a budget adjustment. Chris Brown, City Engineer gave a brief description of the resolution. City Attorney Kit Williams explained the public hearing process. David Druding, previous owner of the property read and handed out a written statement from an organization called Reform Fayetteville's Imminent Domain. Bob Bonds, one of the property owners stated we think highly of our property and we would like to see just compensation. He went on to ask for the opportunity to negotiate and he expressed his concerns with the resolution. Alderman Petty: When did you hire your appraiser? Bob Bonds: October or November of last year. Alderman Petty: Did you tell the City when you hired the appraiser? Bob Bonds: I don't think. Alderman Petty: And you just talked to your appraiser last week? Bob Bonds: No, I have been in communication with them many times over the last few weeks and months. Alderman Petty: So when do you expect to get a figure from them? Bob Bonds: I would think within the end of this week. Aubrey Shepherd, a citizen asked how long do you think it will take Garland Avenue to look descent again after this. He went on to express his concerns with the resolution. City Attorney Kit Williams responded to Bob Bonds by saying I am happy that you have gotten an appraisal and I want to assure you that negotiation does not end simply because we are forced to file a condemnation. He went on to explain the condemnation process. Mayor Jordan: Chris, you passed out a document that told what cities to the north are doing? Chris Brown: I have not passed that out but I can go over that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 11 of 15 He went on to explain what other cities are currently doing. Alderman Ferrell: You indicated that you will continue even after this. He indicated that he should have the appraisal maybe next week. Shouldn't that allow plenty of time? City Attorney Kit Williams: As you remember, the City Council has authorized my office to file numerous condemnations and we have continued to negotiate and have been able to resolve them. Chris Brown: Practically and logistically we have to get checks written to file at the court and there is a lot of paperwork that the City Attorney's office has to do. So we need a few weeks to be able to get the paperwork together and we could use that time to do that. Alderman Ferrell: I know we have done this several times and thankfully we were able to satisfy everybody before we actually have to go to court. Don Marr, Chief of Staff stated the timing of our work to relocate the utilities is critical to meet the deadline for the matching funds for the States contribution to this project. That is why we are at that time sensitive aspect. Alderman Petty gave his past recollections of the project. He stated that four lanes with the boulevard was the best we could get approved through the Highway Department. Mayor Jordan stated we started talking about this in 2004. He went on to give his past recollections of the project. A discussion followed on what had previously been discussed. City Attorney Kit Williams responded to David Druding's comments by expressing the fairness that has been demonstrated thus far by the City Engineer and his office. David Druding questioned some of Chris Brown's comments regarding what other cities are currently doing. He encouraged the Council to listen to a radio report done by KUAF which was a contradiction to Chris Brown's comments. Alderman Lewis stated this is a very important thing to make sure we are negotiating and I have noticed that we continue to negotiate after condemnation. It's very important to let people negotiate. Alderman Boudreaux moved to approve the resolution. Alderman Ferrell seconded the motion. Upon roll call the resolution passed 8-0. Resolution 50-12 as recorded in the office of the City Clerk. New Business: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 12 of 15 RZN 12-4024 (1934 E. Huntsville Rd./Stiles): An ordinance rezoning that property described in rezoning petition RZN 12-4024, for approximately 0.4 acres, located at 1934 East Huntsville Road from RSF-4, Residential Single -Family, 4 units per acre to NS, Neighborhood Services. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. Alderman Boudreaux: Have you heard any objections about this from the neighbors? Jeremy Pate: I have not seen any public comments at all with this particular request. Alderman Boudreaux moved to suspend the rules and go to the second reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Ferrell moved to suspend the rules and go to the third and final reading. Alderman Lewis seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Gray stated I am delighted that we are doing this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5486 as Recorded in the office of the City Amend §114.03 First Thursday Fayetteville: An ordinance to amend § 114.03 First Thursday Fayetteville to close all streets around the square from 4:00 p.m. to 10:00 p.m. during First Thursday and to give control of all parking around the square (both inside and outside) to the Fayetteville Convention and Visitors Bureau during First Thursday. City Attorney Kit Williams read the ordinance. Lindsley Smith, Communications and Marketing Director gave a brief description of the ordinance. Alderman Lewis: Could you briefly describe your process for finding out a perspective of the businesses around? Tanner Montgomery with the Convention Visitors Bureau gave a description of their process. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 13 of 15 Alderman Petty moved to suspend the rules and go to the second reading. Alderman Adams seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Lewis moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5487 as Recorded in the office of the City Bid 912-15 B&A Property Maintenance: A resolution awarding Bid #12-15 and authorizing a contract with B&A Property Maintenance in a total amount of $225,713.00 for the maintenance of trees, and approving a five percent (5%) project contingency. Allison Jumper, Park Planning Superintendent gave a brief description of the resolution. Alderman Petty expressed his concerns with the contract and he asked Allison Jumper to give a recant of some of her answers to his previous questions. Allison Jumper briefly explained Alderman Petty's questions and gave the answers and solutions to those concerns. Alderman Ferrell: Is the tree escrow fund growing at a satisfactory rate to be able to fund these things as we go forward? Allison Jumper: It has decreased over the last few years because it is development driven so we are seeing a drop off in those funds and those funds are required to be expended within seven years from when they are received. So we are planning on a year ahead. After 2013 we see a pretty significant decrease in the funding. Alderman Ferrell: So can we assume that there won't be as many contracts when there is not as much money available? Allison Jumper: Yes. Don Marr clarified that the contracts relate to the three year period of care so without development and planting of trees we would not have a need for the maintenance. It is development need driven. City Attorney Kit Williams: I did request that we do a contract like this so we would have an accurate way to determine when we require a developer to pay into the tree escrow account what 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 14 of 15 would be the fair amount or maintenance cost. I thought it would be better not to guess and we should levy a contract out and see what the actual costs were to the City. Alderman Petty moved to approve the resolution. Alderman Lewis seconded the motion. Upon roll call the resolution passed 8-0. Resolution5l-12 as recorded in the office of the City Clerk. Employee Compensation Adjustment: A resolution to approve a budget adjustment of $1,154,000.00 to fund a city-wide 2012 employee compensation adjustment. Paul Becker gave a brief description of the resolution. Alderman Boudreaux: These reserves are about the same numbers that we had when we came into office. That is pretty commendable considering what we have gone through. The Mayor has done a fantastic job of getting us back up to that position. I feel that the employees deserve compensation for the work they have done. I am very supportive of it. Alderman Gray commended the employee's great attitudes. She stated I am very supportive of this and I am glad that the day is finally here that we can give some compensation to our workers. Alderman Lewis also commended the staff and administration for continuing to work hard. Alderman Tennant stated the success of a company depends on their employees and it is the same in a city. One of the great and many things that make this city great is the attitude of the employees. I am very proud to be able to do this today. Alderman Ferrell: On part of the money that is being allocated for the merit employees, is that money going to be divided up for whatever they do? Paul Becker: It will be spread across and allocated based on merit. Alderman Ferrell: It's all going to go to them? Paul Becker: Yes. Alderman Ferrell: Mayor, how would you feel about assuring me that we would not go into reserves in the 2013 budget if we meet the expectation? Mayor Jordan: If we hit what Paul has projected then I won't have to go into reserves. Alderman Ferrell: So we won't go into reserves if we do that and we don't have any kind of high court mandate or catastrophe? Mayor Jordan: I can agree with that yes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes March 6, 2012 Page 15 of 15 Alderman Ferrell: This didn't happen by accident and I am sure it wasn't easy. The people pulled together and worked and I am officially in. Don Marr thanked the Council, Mayor and the Elected Officials and stated we were able to do the cuts that we did without a service reduction to our citizens and protecting every job we had in the City. He went on to explain all the efforts and sacrifices made and complimented the City directors and City staff. Mayor Jordan explained some of the distress the City has been through over the last few years and he spoke on the efforts made by the City staff. He stated together we have advanced the city. Alderman Boudreaux moved to approve the resolution. Alderman Adams seconded the motion. Upon roll call the resolution passed 8-0. Resolution 52-12 as recorded in the of lce of the City Clerk. City Council Tour: Announcements: Adjournment: 9:30 PM & , -J. , � C, , A--" Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDn7Y (479) 521-1316