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HomeMy WebLinkAbout2012-10-16 MinutesMayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City of Fayetteville Arkansas City Council Meeting Minutes October 16, 2012 City Council Meeting Minutes October 16, 2012 Page 1 of 14 Aldermen Ward I Position 1 —Adella Gray Ward I Po,ition2— Brenda Boudreaux Ward 2 Position I —Mark Kinion Ward 2 Position 2 — Matthew Petty Ward 3 Position 1 — Justin Tennant Ward 3 Position 2 — Robert Ferrell Ward 4 Position I — Rhonda Adams Ward 4 Position 2 — Sarah E. Lewis A meeting of the Fayetteville City Council was held on October 16, 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, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: America in Bloom Award — Cindi Cope America in Bloom awards were presented to the City. • Heritage Preservation • Population Category Awards — Five Bloom Community • Circle of Champions • John R. Holmes III Community Champion Award Winner was Marilyn Heifner, Executive Director of the Fayetteville Arkansas Advertising and Promotion Commission. Mayor Jordan thanked Cindi Cope and Marilyn Heifner for all their work for the City. 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 October 16, 2012 Page 2 of 14 Agenda Additions: None Consent: Approval of the October 2, 2012 City Council meeting minutes. Approved Bid #12-62 B&H Foto & Electronics Corp.: A resolution awarding Bid #12-62 and authorizing the purchase of two (2) television studio camera systems from B&H Foto & Electronics Corp. of New York, New York in the amount of $75,578.00, plus applicable taxes. Resolution 196-12 as recorded in the office of the City Clerk. Community Development Block Grant Program: A resolution awarding bid and authorizing the purchase of 1500 energy efficiency/weatherization kits from AM Conservation Group in the amount of $55,500.00 plus applicable tax for use by the Community Development Block Grant Program. Resolution 197-12 as recorded in the office of the City Clerk. Zara L. Thomas Revocable Trust Settlement: A resolution approving a settlement agreement with Zara L. Thomas, Trustee of the Zara L. Thomas Revocable Trust U/D/T November 20, 1998 and of the Mary C. Thomas Revocable Trust U/D/T November 20, 1998, concerning condemnation litigation filed regarding the extension of Meadow Valley Trail (U of A Farm Trail). Resolution 198-12 as recorded in the office of the City Clerk. Arkansas State Highway and Transportation Department: A resolution approving payment of $4,019,094.00 to the Arkansas State Highway and Transportation Department representing the City's portion of construction costs related to improvements to State Highway 16, and approving a budget adjustment. Resolution 199-12 as recorded in the office of the City Clerk. Alderman Boudreaux moved to approve the Consent Agenda as read. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 12-4166 (South of Brookbury Crossing & East of Candlewood Developments/Riggins): An ordinance rezoning that property described in rezoning petition RZN 12-4166, for approximately 20.99 acres, located to the south of Skillern Road from R -A, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/rTY (479) 521-1316 City Council Meeting Minutes October 16, 2012 Page 3 of 14 Residential Agricultural to RSF-0.5, One Half Single -Family Units Per Acre. This ordinance was left on the First Reading at the August 21, 2012 City Council meeting and Tabled to the September 18, 2012 City Council meeting. This ordinance was left on the First Reading at the September 18, 2012 City Council meeting and Tabled to the October 16, 2012 City Council meeting. Alderman Lewis 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. Jeremy Pate gave a brief description of the ordinance. Alderman Gray: When were the traffic studies done? Jeremy Pate: I will try to find that out. Hugh Jarratt, representing one of the developers stated Mr. Peters with Peters and Associates who did the traffic study is here and will speak in detail about that. The City Attorney said that the Bill of Assurance is not effective until it is presented to the City. He presented the Bill of Assurance and gave a brief description of the development. He stated we are requesting that this be amended to RSF-4 for discussion purposes. Compatibility with the surrounding neighborhoods was a concern. He explained the proposed lot and house sizes. This proposed development complies with the 2030 Plan, the Future Land Use Map and with the Master Street Map. Ernie Peters with Peters and Associates Engineers gave a brief description of the development and the traffic study that was conducted. He stated this proposed development traffic study did not indicate any traffic problems. Alderman Tennant: In looking at the completed Highway 265 did that change any of the assumptions of when that does become a four or five lane entrance and exit and you don't just have one lane to the right and one to the left to turn? Ernie Peters: Certainly while it's under construction as it is now it's not an ideal situation. Alderman Tennant: I mean completed. Ernie Peters: With the full improvements that are under construction and will be completed we use less than 52% of the intersection capacity. We took into account all the lanes that are planned and the traffic signal control that is planned for that intersection. Alderman Lewis: For the enduring green network and the plans that were developed by the Natural Heritage Association and the Green Infrastructure Group out of the Fayetteville Forward, that is part of the City Plan 2030. 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 October 16, 2012 Page 4 of 14 Jeremy Pate: Not the exact map that they created. We created our own based on that. We use a tool when we are looking at parkland acquisition and the tree preservation area during development. Eva Madison, resident of 2600 Candlewood and President of the Candlewood Property Owners Association spoke on behalf of her neighbors from Candlewood, Savannah, Covington, Brookbury, Jackson Place and other surrounding neighborhoods. She asked them to stand so the Council would know the magnitude of interest in this issue. She expressed her concerns about the density. She spoke against the RSF-4 zoning proposal. Alderman Tennant: We heard a little about minimum square footage in Candlewood but do you know the true average square footage of the homes in Candlewood? Eva Madison: No and we don't track that. Those homes along the creek because of the excavation that was required to build are almost all three story homes with walk out basements. Most of the homes adjacent to this are close to 6,000 square feet and there is one that is 11,000 square feet that sits on two lots. Alderman Tennant: The idea that they meet the minimum or the median minimum is a little off set because there is nothing for sale that is under the 3,600 square feet that I can see. Charlie Collins, resident of 3225 Piper Glenn and President of the Brookbury POA expressed his concerns and handed out a petition with 169 signatures in opposition to the rezoning to RSF- 4 and in support of the recommendation of RSF 0.5 by the Fayetteville Planning Commission. Kristin Beltcamp, a resident of Brookbury Subdivision and representative of the neighborhood expressed her concerns and spoke on the traffic study. Alderman Ferrell: Do you think that when the road is complete with greater access on Highway 265 it will make any difference? Kristin Beltcamp: Absolutely. She explained the differences it would make. She continued to express her concerns with the development and gave a brief presentation on the existing problems in that area. Alderman Ferrell: Jeremy what is the situation today if there is building going on and they are going through a residential area and if there is damage from the equipment. How does that work today? Jeremy Pate explained their assessment process when streets are damaged. James McGinty, resident of 2902 Jamestown Road and President of the Homeowners Association at Savannah Estates stated our residents do not support this new development due to density and safety concerns. He went on to express their concerns with safety and stated the people in Savannah Estates recommend that you stay with the proposed development of RSF 0.5. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/rTY (479) 521-1316 City Council Meeting Minutes October 16, 2012 Page 5 of 14 Alderman Tennant: Do you have any idea how many houses are in Savannah? James McGinty: We have 106 lots. Alderman Tennant: There is one exit out of Brookbury, how many do you have? James McGinty: We have two exits and both go onto Skillern Road Alderman Tennant: So you are a little larger than Brookbury home count wise but you do have two full exit roads out. James McGinty: Yes. Christine Smith, resident of Brookbury Subdivision passed out photos of the visibility coming down the hill and expressed her concerns with traffic safety. Lauri Cavell, resident of Brookbury stated it doesn't make sense to put all these houses in this little area. She went on to speak against the development and the traffic in the area. She also voiced her concern about the over crowding in the schools on the east side of town. Jimmy Roy, resident of Brookbury Subdivision spoke on the zoning considerations that were brought up by City Attorney Kit Williams at the Planning Commission meeting. He stated there is a traffic problem in the area. He also voiced his concern about emergency vehicle access. He spoke against the development. Alderman Ferrell: Kit, does the presented Bill of Assurance to you seem legal and would you consider it "A" typical as a Bill of Assurance that we get? City Attorney Kit Williams: It has been signed and it is permanent. A Bill of Assurance is permanent. As long as the zoning is in place then the Bill of Assurance is effective and enforceable. Alderman Ferrell: My question is would you consider this Bill of Assurance an "A" typical Bill of Assurance that we deal with or a more typical Bill of Assurance? City Attorney Kit Williams: No, I think it's fairly typical in that one of the major things that most Bill of Assurances do is control density and this one controls density. It is clear that it is limited to a maximum of 37 structures. Bob Caulk, a Fayetteville resident and chairman of the Fayetteville Natural Heritage Association spoke on the project conducted by the association and stated our goal is to try to get to the point where conservation is part of the development process. He stated the proposed development is one that indicated a high potential of some kind of conservation treatment. Hugh Jarratt: The developers are willing to change the Bill of Assurance to 21 homes if that is to be taken into consideration rather than 37. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDfM (479) 521-1316 City Council Meeting Minutes October 16, 2012 Page 6 of 14 Erin Setzer, a representative of the Jackson Place neighborhood stated every single one of us are asking please don't do this to us. She spoke about the existing problems in that area. Traffic, safety, density and flooding are problems. Pam Jones, resident of 2953 Brookbury Crossing stated after I heard the compromise of 21 homes, to me that is a reasonable compromise. She went on to point out that everyone's concerns are legitimate. Eva Madison: The average square foot for the homes in Candlewood is 5,483 square feet. Although we appreciate the compromise of 21 homes, we need to go back to our neighborhood to see if they agree with 21 homes. If there are 21 homes they don't need RSF-4. City Attorney Kit Williams: I do want to agree with the last speaker in that we don't have a signed Bill of Assurance for 21 homes in front of us. Most of the people that are here were speaking on a different term and that might be something they want to think about. Alderman Ferrell: Mr. Jarratt, bearing in mind what Kit just said, the offer that was just made, would that be to include the Bill of Assurance for 21? Hugh Jarratt: Yes, I would amend it, get it signed, submit it to them and I can have it done tomorrow before the third reading. Mayor Jordan: You can leave it on the second reading and go two weeks and it will come back to the Council. Hugh Jarratt: The guy who can sign the Bill of Assurance is sitting here. We can amend it right now. Alderman Lewis: There are a lot of other concerns besides the number of houses and actually it was just general density, not that many folks even mentioned an exact number. I feel like there are way more issues than that. I am wondering if you are going to meet with the neighbors and talk about everything. Hugh Jarratt: Yes. He went on to list the issues that could be addressed. Alderman Lewis: I would ask that we hold it here. Alderman Tennant: I would reiterate what Sarah said about the interaction between the developer and all the residents. I have tremendous concerns about access so please work together because the residents have proven that they will go out of their way to work with the developer. Mayor Jordan: As far as safety goes, the number one priority for a Mayor is to keep the City safe. I do have concerns when the Fire Marshall has concerns about keeping a neighborhood safe from a fire. Now that the density is lower I have to go back and look at that again. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDlrrY (479) 521-1316 City Council Meeting Minutes October 16, 2012 Page 7 of 14 Fire Chief David Dayringer stated the access provisions are in the code. The code is there to protect the citizens, its there to protect the developers and firefighters that get into these properties. He went on to discuss the existing codes. Mayor Jordan: Okay, so you all just want to leave this on the second reading. City Clerk Sondra Smith reminded everyone that the next City Council meeting is not in two weeks because there are five Tuesdays and due to the General Election the next Council meeting will be held on November 8th. Don Marr explained the ordinance process and the reading process for ordinances and rezonings. Mayor Jordan: The Council wants to hold it on the second reading. This ordinance was left on the Second Reading REO Holdings 1, LLC: An ordinance waiving the requirements of formal competitive bidding and approving a cost -share agreement with REO Holdings 1, LLC in the amount of $31,712.00 for the construction of an eight -inch water main near Bridgewater Lane. This ordinance was left on the Third Reading at the October Z 2012 City Council meeting and Tabled to the October 16, 2012 City Council meeting. David Jurgens, Utilities Director stated I put a couple of aerial photos on your table to explain why we are looking for this line to be upsized to an 8" and therefore why we are going through the cost share. He went on to give a brief description of the ordinance. Alderman Lewis: So it's a lot split and those new houses need water. David Jurgens: That's correct. Alderman Lewis: It's not in the city limits but it's in the planning area? David Jurgens: Yes Ma'am. Alderman Vinion: It's not in the city limits but it impacts the city limits on the south side? David Jurgen: It will impact the City limits back to the west. The dead end lines go over and we have a separation of our pressure plains in vicinity of Skillern and Oakland/Zion to the west of this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Alderman Petty voting no. Ordinance 5536 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDfM (479) 521-1316 City Council Meeting Minutes October 16, 2012 Page 8 of 14 Public Hearing: Dynasty Taxi: A resolution granting a Certificate of Public Convenience and Necessity to Dynasty Taxi Service, Inc. for the operation of a total of fifteen (15) to thirty (3 0) taxicabs in the City of Fayetteville. Mayor Jordan opened the public hearing. Bryce Curry, owner of a Taxi Company: I object respectfully because there has not been notice provided as per the ordinance requirements. City Attorney Kit Williams clarified the rules have changed and notice is no longer given by the City Clerk but instead by the applicant. Evidently Mr. Curry was not aware of that. I would recommend that we table this and give him an opportunity to give notice and to attend. Alderman Ferrell moved to table the resolution to the November 8, 2012 City Council meeting. Alderman Tennant seconded the motion. Upon roll call the resolution passed unanimously. Tabled to the November 8, 2012 City Council meeting. New Business: VAC 12-4221 (2111 Martin Luther King Blvd./Panda Express): An ordinance approving VAC 12-4221 submitted by Lorel Hoffman for property located at 2111 Martin Luther King Boulevard to vacate a portion of a water and sewer easement, a total of 2,039 square feet. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. Alderman Lewis 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 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5537 as Recorded in the office of the City Clerk 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 October 16, 2012 Page 9 of 14 Arkansas Forestry Commission Memorandum of Agreement: An ordinance to waive formal competitive bidding and approve a Memorandum of Agreement between the Arkansas Forestry Commission and the City of Fayetteville to pay $20,000.00 and $24,995.00 respectively to Plan - It GEO to conduct a tree canopy analysis for Fayetteville. City Attorney Kit Williams read the ordinance. Megan Dale, Urban Forester gave a brief description of the ordinance. Alderman Lewis 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 Kinion 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 5538 as Recorded in the office of the City Clerk 2013 Residential Trash Rates: An ordinance waiving the requirements of Fayetteville Code of Ordinances Section 50.40 (A)(4) for an automatic annual price adjustment of residential trash rates for fiscal year 2013. City Attorney Kit Williams read the ordinance. Don Marr 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 unanimously. City Attorney Kit Williams read the ordinance. Alderman Gray 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 Lewis: I would like to recommend for those watching that there are three different cart sizes that you can get and I would encourage you to recycle so you can minimize the size of your cart. 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 October 16, 2012 Page 10 of 14 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5539 as Recorded in the office of the City Clerk Amend Chapter 33: An ordinance amending Article XVI: City Council Street Committee of Chapter 33: Departments, Boards, Commission, and Authorities of the Code of Fayetteville to amend the Purposes, Powers and Duties of the City Council Street Committee. City Attorney Kit Williams read the ordinance. Chris Brown, City Engineer gave a brief description of the ordinance. Alderman Ferrell: I think Chris did a good job of spelling this out and the Street Committee members fully realize that when we were going about our business sometimes we would wonder what action needed to be taken. So we needed this to be spelled out. One of the concerns as it was articulated to me was that if a Council member wanted to object or appeal something and send it to the Council then I feel like we have that right but I would be most willing to amend this and say any member of the City Council can appeal any advisory opinion sent to the City Council. Alderman Boudreaux: This would be the best way to amend this. There are some issues that could or should have gone to the City Council. I think if there is some way we can put wording in there that makes it easier for an alderman to recognize that they can bring something to the full Council whenever it's an issue that involves the community more. City Attorney Kit Williams made suggestions on how to make the motion to do that. A discussion followed on the amendment. Alderman Lewis: I don't understand the history or how the Street Committee became different from Water and Sewer Committee because everything comes to the Council. David Jurgens: Every contract that's over $20,000 always comes to the full Council. Alderman Lewis: What we vote on is whether or not to move it to the Council. I don't understand why that would be different. Don Marr: There was a memo passed out by Chris Brown which lists what items do not come to the full Council. He went on to read the list and clarify the differences between the various committees and their review process. Alderman Ferrell gave an example of an item that went before the Water and Sewer Committee. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDn TY (479) 521-1316 City Council Meeting Minutes October 16, 2012 Page 11 of 14 Alderman Lewis: I understand that but the difference that I, am referring to is the internal versus the external. We outsource and there are a lot of contracts on the Water and Sewer Committee. David Jurgens further clarified the types of items brought before the Water and Sewer Committee. Alderman Gray: We just want it to be consistent and that is all I am asking for. David Jurgens gave two examples of items that were brought before the full City Council. Alderman Gray: This seems to me that there are things of that nature in the Street Committee that could be brought to the full Council and would help us all give better answers to our constituents. Don Marr: A lot of this change has come through direction of the Council. The sidewalk plan and the road overlay plan used to be done at the Street Committee and it was changed and is going to the full City Council and you now see that each year. We don't always know what is going to be controversial. We like the language you are talking about because then an individual can take that forward. Alderman Petty gave past examples of times when the Council did not take advantage of the option to have things come before the full Council. He stated it might be wise to amend these procedures. He suggested that all items going before the committees be placed on the Consent Agenda just to make everyone aware of the items and then they have the option of pulling it for discussion. Alderman Boudreaux: Anytime there is an issue usually the Street Committee hears it a couple of times. This is giving the alderman the ability to review it. Alderman Gray: I would like the standing committee's actions to be consistent. Alderman Tennant: A longer consent agenda is not a bad thing because then we are able to pull something and change it. Most people have no idea when our committee meetings are or that they can come and discuss anything. I cannot explain to citizens why this committee is set up differently than the other committees. We should always be consistent. Alderman Ferrell: Would that be internally driven? Chris Brown: If you look at the projects that we have presented related to the Street Committee there are some items that it is very clear that they are operational and they are administrative items. I would suggest and what we can begin doing is spell out in the agenda which item is informational, which item is asking for recommendation and which one would go to Council and establish that in the Street Committee agenda and then it would be clear. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 acoessfayetteville.org Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 City Council Meeting Minutes October 16, 2012 Page 12 of 14 Don Marr explained the staff review process and the system used to place things on the agenda. He stated I believe if we do every item that is a significant amount of work for the Clerk's office and staff. I also believe that one of the things that I have had drilled in my head by all of you is the speed in which the process we try to get things moving. I believe it will impact that. I think it will be more time and more review and a longer time frame. Alderman Petty: I agree with the intent behind your resolution but I think the language might be a little too strong where it says all recommendations. I would like to see some kind of logic for what comes forward out of the Street Committee. Alderman Adams: Could we not simply solve this by having good charges to our committees? We have maybe failed to charge the committees clearly at the beginning. The committees are a great idea but we should know what our role is. I would like to see use solve this in a simple way. Alderman Gray: Apparently it is not as easy of a decision to make for the Street Committee as it was for Water and Sewer. Maybe it just needs to be decided by staff. Mayor Jordan explained the process of what things should come before the committees and City Council. Alderman Tennant: Something that just needs to be done and wouldn't that fall under the idea of an informational item more than it would be something else? My question would be why those things couldn't be moved automatically to consent. How much more time would that take? Don Marr: We can do it but my concern is that if we know that it's going to come to the Council on the Consent Agenda then citizens won't engage in a committee input process and then all these things get pulled from Consent and end up in discussion because they aren't vetted as clearly at the committee level. We can try it and if you see more items than you want to deal with then you will direct us to go the other direction. Alderman Lewis: My intent was saying that I like this approach in Water and Sewer where it's the metric. If it costs a certain amount then it's a policy decision and it goes to Council. If not then it doesn't. I like the idea that any Council member can bring something to the Council if it is a topic. It's getting too much about oversight at this level and committees are for discussing and vetting ideas. Alderman Ferrell: I don't think it's broke and needs to be fixed. I don't think we need to revamp the whole committee system. I would hope that our amendment would certainly make everybody feel like they are accessible through the system and I don't think we need to put City staff through anymore. Alderman Kinion: I would like clarification on what the amendment is. I don't feel comfortable supporting a change because I do think that we do have the capacity and responsibility as an elected official to keep up with the committees and be forward thinking in our limited role to develop an expertise in the committees that we are on. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDfFTY (479) 521-1316 City Council Meeting Minutes October 16, 2012 Page 13 of 14 City Attorney Kit Williams: Sometimes something might come up that should involve more and maybe the entire City Council. I think that Alderman Ferrell's recommendation is a good one and it's a small incremental change to try to get at the one problem that you all have seen. He went on to clarify and read the proposed amendment. Alderman Adams: Does that mean you need to add that everywhere throughout the code? Why just here? City Attorney Kit Williams: This is the only committee that had a perceived problem. Alderman Kinion: That is the only committee that has a perceived problem now. Let's talk about in the future if there is a perceived problem. If you put it in one place then we just start adding it and adding it. We already have the capacity to do this and the responsibility in my opinion. Alderman Adams: I think so too. I don't think we need to give us that permission. Alderman Boudreaux: I just want to make sure that we do have that ability. I did not feel like in previous years that I did have that ability to challenge my previous ward mate and bring something forward. I think this is not a bad idea and the only issue seems to be in the Street Committee. Alderman Lewis: There is a description of the Council member's role and a description of each committee. Alderman Ferrell: So have a handbook for aldermen and what their job is? Alderman Lewis: Yeah, and make sure that's in there? City Attorney Kit Williams: We certainly can, not every committee is in the code. He went on to explain the history of how certain committees came about. Here we have noticed one problem at the Street Committee so let's fix that and if you find other problems with other committees then let's fix them. The system seems to be working pretty well. Alderman Lewis: I think the public cares about issues related to the streets and people see them. This is why this has come up. Alderman Adams spoke on the positive outcome from alderman orientation. When the new people come on the Council the old people may assume that the new people just get it and it's hard. Whatever we do with this amendment lets also consider this in our new alderman orientation. Alderman Tennant: I do think there is room to make incremental changes and I like this change. I do think it's necessary. I will support that. Alderman Kinion asked for clarification again on the amendment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDDfTTY (479) 521-1316 City Council Meeting Minutes October 16, 2012 Page 14 of 14 City Attorney Kit Williams read the proposed amendment. Alderman Ferrell moved to amend the ordinance as follows: Subsection B.3. Any Alderman may appeal any recommendation to the full City Council. Alderman Boudreaux seconded the motion. Upon roll call the amendment passed unanimously. Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman Boudreaux 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 Boudreaux 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 7-1. Alderman Kinion voting no. Ordinance 5540 as Recorded in the office of the City Clerk Amend Standing City Council Committees: A resolution to amend Rule E.l.a. Standing City Council Committees of the Rules of Order and Procedure of the Fayetteville City Council to clarify the advisory status of all committees. Mayor Jordan: What do we need to do on this? City Attorney Kit Williams: Maybe we should just table this and see how the new change will work and see if this needs to be brought back in the future. Alderman Gray: That sounds great. Alderman Tennant moved to table the resolution indefinitely. Alderman Gray seconded the motion. Upon roll call the resolution passed unanimously. The resolution was tabled indefinitely. Announcements Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/'TTY (479) 521-1316