HomeMy WebLinkAbout2012-11-08 MinutesMayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith.
City of Fayetteville Arkansas
City Council Meeting Minutes
November 08, 2012
City Council Meeting Minutes
November 8, 2012
Page 1 of 9
Aldermen
Ward 1 Position I
—Adella Gray
Ward 1 Position 2
—Brenda Boudreaux
Ward 2 Position I
—Mark Kinion
Ward 2 Position 2
— Matthew Petty
Ward 3 Position I
—Justin Tennant
Ward 3 Position 2
— Robert Ferrell
Ward 4 Position 1
— Rhonda Adams
Ward 4 Position 2 — Sarah E. Lewis
This meeting date was changed from November 06, 2012 to November 08,
2012 due to the General election.
A meeting of the Fayetteville City Council was held on November 08, 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, Adams, Lewis, Mayor
Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Alderman Tennant arrived at 6:55 p.m. Alderman Kinion arrived at 7:00 p.m.
ABSENT: Alderman Ferrell.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meetin¢ Presentations, Reports and Discussion Items:
Town and Gown Advisory Committee Appointment
Alderman Gray moved to approve the appointment of Will Hansen to the Town and Gown
Advisory Committee. Alderman Boudreaux seconded the motion. Upon roll call the
motion passed 5-0. Alderman Kinion and Tennant were absent during the vote. Alderman
Ferrell was absent.
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City Council Meeting Minutes
November 8, 2012
Page 2 of 9
Agenda Additions: None
Consent:
Approval of the October 16, 2012 City Council meeting minutes.
Approved
Amend Resolution No. 81-09, Animal Services Advisory Board: A resolution amending
Resolution No. 81-09 to reduce the total number of members of the Animal Services Advisory
Board and re -designating certain membership composition of the board.
Resolution 200-12 as recorded in the office of the City Clerk.
Animal Services Donation Revenue: A resolution approving a budget adjustment in the
amount of $10,732.00 representing donation revenue to Animal Services for the third quarter of
2012.
Resolution 201-12 as recorded in the office of the City Clerk.
Fourth Judicial District Drug Task Force Training: A resolution approving a budget
adjustment in the amount of $2,000.00 representing donation revenue from the Washington
County Prosecutor's Office Drug Control Fund to the Fayetteville Police Department in support
of training of the Fourth Judicial District Drug Task Force's Domestic Highway Enforcement
Unit.
Resolution 202-12 as recorded in the office of the City Clerk.
2012 Bulletproof Partnership Grant Award: A resolution authorizing acceptance of a fifty
percent (50%) matching grant award from the 2012 Bulletproof Vest Partnership Program in the
amount of $9,100.00 for the replacement of twelve (12) body armor vests for Fayetteville police
officers, and approving a budget adjustment.
Resolution 203-12 as recorded in the office of the City Clerk.
Washington County Jail Services Interlocal Agreement: A resolution approving an
amendment to the jail services Interlocal agreement with Washington County, Arkansas,
continuing fees at $60.00 per booked prisoner for calendar year 2013.
Resolution 204-12 as recorded in the office of the City Clerk.
Fayetteville Police Department Policies: A resolution approving Fayetteville Police
Department Policies 1.3.1 Use of Force; 84.1.1 Property Management, Acquired & In -Custody;
42.1.1 Criminal Investigations; 83.1 Collection and Preservation of Evidence; 44.1.1 Juvenile
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November 8, 2012
Page 3 of 9
Operations; 41.2.11 Use of Department Vehicles; 1.2.2 Warrantless Detention, Search &
Seizure; and 42. 1.1 Vice, Drugs and Organized Crime.
Resolution 205-12 as recorded in the office of the City Clerk.
Margot Khavinson Estate Settlement Agreement: A resolution approving a settlement
agreement with the Margot Khavinson Estate, concerning condemnation litigation filed as part of
the N. Garland Avenue Widening and Improvement Project in the total amount of $18,000.00.
Resolution 206-12 as recorded in the office of the City Clerk.
Bid #12-72 Pick -It Construction: A resolution awarding Bid #12-72 and authorizing a contract
with Pick -It Construction, Inc. in the total amount of $343,900.00 for the construction of
improvements to an aircraft hangar at Drake Field contingent, upon a grant award, amending
Resolution No. 95-12 to correct a transposition error regarding ask Order No. 9 to the contract
with McClelland Consulting Engineers related to this project, approving application for and
acceptance of an 80/20 matching grant from the Arkansas Department of Aeronautics to provide
funding for this project and approving a budget adjustment authorizing airport fund matching
expense and recognizing grant revenue, contingent upon approval of the grant application and
receipt of grant funds.
Resolution 207-12 as recorded in the office of the City Clerk.
Drake Field Fuel Sales: A resolution approving a budget adjustment in the amount of
$27,000.00 to recognize revenue and associated expense associated with fuel sales at Drake
Field.
Resolution 208-12 as recorded in the office of the City Clerk.
Thrash Development: A resolution approving a budget adjustment in the amount of $15,000.00
recognizing revenue from Thrash Development for its contribution toward improvements to the
East Avenue and Meadow Street sidewalks.
Resolution 209-12 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 5-0. Alderman Kinion and Tennant
were absent during the vote. Alderman Ferrell was absent.
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,
Residential Agricultural to RSF-0.5, One Half Single -Family Units Per Acre. This ordinance
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Page 4 of 9
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. This ordinance was left on the Second Reading at the October 16, 2012 City Council
meeting.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Boudreaux seconded the motion. This motion was withdrawn.
Alderman Lewis moved to amend the agenda and move this item to new business on the
agenda. Alderman Petty seconded the motion. Upon roll call the motion passed 6-0.
Mayor Jordan voted yes to move the item. Alderman Tennant and Kinion were absent
during the vote. Alderman Ferrell was absent.
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 6-0. Alderman
Petty were absent during the vote. Alderman Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Development Services: The applicants, potential purchasers have withdrawn and
cancelled their contract. Jeremy gave the Council the options they have for the zoning on this
property.
City Attorney Kit Williams read the section of the code about amendments and re -petitions for
amendments.
Aubrey Shepherd stated he can see why the neighbors object to this rezoning. He suggested
that the neighbors of the property raise the funding and buy at least a portion of the property and
protect it.
Steve Petruconis 2939 Brookbury Crossing stated we are very appreciative of the process and
the work that everybody did for us as a neighborhood and allowing us to present our issues to
you.
Lori Yazinski, Environmental Action Committee said this rezoning was a concern to the
committee because it is adjacent to the Flynn creek corridor and the location of 75% to 90% of
the land being included in the enduring green network. She stated the recommendations and
concerns in order to preserve this land in its natural state as possible.
Mark Rise, listing agent for the property stated this has been a very frustrating process. He
suggested that the adjourning neighborhood purchase the property. He stated most of the
subdivisions around this property were part of the property. He stated people have a right to sell
their property.
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A citizen talked about the work that they have done with the developer. She stated as a
neighborhood we support the decision that you make.
David Pieper stated Candlewood will support the .5 recommendation. Candlewood will also
support the tabling.
Alderman Tennant thanked the neighborhoods around that area. They brought ideas and
solutions to the fore front.
Alderman Lewis moved to table the ordinance indefinitely. Alderman Gray seconded the
motion. Upon roll call the motion passed 6-0. Alderman Petty was absent during the vote.
Alderman Ferrell was absent.
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. This resolution was Tabled at the October 16, 2012 City Council meeting
and moved to the November 8, 2012 City Council meeting.
Mayor Jordan opened the Public Hearing
Police Chief Greg Tabor gave a brief description of the resolution.
Alderman Gray: This is for him to have 30 cabs not a total of 30 in the city.
Police Chief Greg Tabor: That is correct. We currently have a maximum of 54 allowed by
certificate. He currently has ten.
Alderman Gray: How do you feel about that number?
Police Chief Greg Tabor: I have mixed feelings. The more taxicabs we have the more work on
the staff. I see how long it takes to get a taxi on Saturday night. If the need is there I think we
need them.
Alderman Adams asked about the inspection process for the cabs.
Police Chief Greg Tabor explained the inspection process and the insurance requires for the
cabs.
Alderman Petty asked about the atmosphere on Dickson Street when more and more people are
waiting for cabs.
Police Chief Greg Tabor: I do not recall us having a complaint. I have just seen people waiting
for cabs.
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Alderman Petty: Have there been any incidents of violence that may have been prevented if
people may not had to wait for a cab.
Police Chief Greg Tabor: I don't know that I can answer that. Any time alcohol is involved
there is a chance of altercation.
Alderman Petty: I support this.
Brice Curry, applicant stated Dynasty operates in more than one city in Northwest Arkansas.
He explained their pick up process and why he is asking to extend his number of cabs.
Stewart Larrabee, Fayetteville Taxi voiced his concern with the increase in cabs that Dynasty is
asking for. He also voiced his concern about the color scheme that Dynasty is using for their
cabs. He expressed his concern about drivers that may be driving without driver permits. He
stated this needs serious review before anything gets done with this.
Police Chief Greg Tabor: Currently out of 54 taxis that are allowed there are 36 permitted.
Mr. Curry has a certificate for up to ten taxis and he has 19 taxis permitted. We do not know
how many are operating in the City of Fayetteville. The number he is operating may not be the
number he is operating in the City of Fayetteville.
Alderman Lewis: Can you talk about the display of driver's permits, the light on top of a taxi,
the color, fares and the use of credit cards.
Police Chief Greg Tabor: All of that is spelled out in the ordinance.
Alderman Lewis: I think we need to look at this and increase our standards.
Police Chief Greg Tabor: Dynasty's original certificate says their color scheme will be green
and white.
There was a discussion on the color scheme and how to change it.
Alderman Lewis: Does the new application make the old application null and void?
City Attorney Kit Williams: I think it does.
Mayor Jordan closed the Public Hearing
Alderman Lewis moved to amend the resolution to state the taxi must have a green and
white color scheme. The motion was withdrawn.
Brice Curry: The Fayetteville City Code says to describe the color scheme or insignias to be
used to designate your vehicles. Dynasty has a very distinct insignia.
Alderman Lewis: For Fayetteville you are not using a specific color?
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Brice Curry: We try to stay with the green color scheme in Fayetteville.
Alderman Lewis: For Fayetteville is it possible to add green strips used?
City Attorney Kit Williams: He is only required to either have a paint color or insignia. If he
has satisfied it by having an insignia we can not demand anything else,
Alderman Petty: We should have a regional taxi authority that can address these issues. I
would like for all the taxis to look the same.
David Pieper a patent trademark attorney stated it is appropriate to regulate the cab and say they
have to use a consistent insignia. His mark can not be forced to be augmented or changed. Once
he establishes his mark he is allowed to use that anywhere in commerce. The exceptional to that
is safety concerns. My recommendation would be you need to stay out of the use of colors.
Alderman Boudreaux moved to approve the resolution. Alderman Petty seconded the
motion. Upon roll call the resolution passed 5-0. Alderman Kinion and Tennant was
absent during the vote. Alderman Ferrell was absent.
Resolution 210-12 as recorded in the office of the City Clerk.
New Business:
Tree Preservation and Protection Variance: A resolution to approve a variance from the Tree
Preservation and Protection Chapter of the UDC for LSD 12-4215 to allow off-site tree
preservation, on and off-site mitigation tree planting and eliminating any further penalty for the
removal of some canopy in 2008.
Megan Dale, Urban Forester gave a brief description of the resolution.
Alderman Lewis: What are the options for the off site mitigation?
Megan Dale: The ordinance states that the preference is to have on site which they have
reached their maximum and then the next would be pursued by off site preservation followed by
off site mitigation which they have done and then tree escrow. She showed on the map where
the off site preservation is proposed.
Alderman Boudreaux: If the applicant waits this out until January Ist and start this process all
over as if nothing had happened what would he be required then for tree planting.
Megan Dale: He would be required to do the landscape requirements, street trees and parking
lot trees.
Alderman Boudreaux: How would that compare to this?
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Megan Dale: 21 trees versus 25 mitigation trees in addition to that.
Alderman Boudreaux: Plus you are asking for the penalty which would be the offsite
preservation.
City Attorney Kit Williams: It would be some time in January when the penalty period would
expire.
A discussion followed on the five year time frame
Clay Grote, engineer stated we are planting 21 trees of landscaping and 25 trees of on site and
off site mitigation. That is 45 trees on a site that is less than an acre and a half after you take a
way the right of way, drainage easements and existing drive which means we are completely
foresting this site. We are being penalized on a tree that was cut in 2008.
Joe Terminella applicant asked that the penalty for additional trees be waived.
A discussion followed on the tree preservation ordinance.
Alderman Boudreaux moved to amend the resolution to allow 20 on site trees and five off
site trees and the remaining penalty is waived. Alderman Adams seconded the motion.
Upon roll call the motion passed 5-0. Alderman Kinion abstained. Alderman Petty was
absent during the vote. Alderman Ferrell was absent.
Alderman Boudreaux moved to approve the resolution. Alderman Gray seconded the
motion. Upon roll call the resolution passed 6-0. Alderman Petty was absent during the
vote. Alderman Ferrell was absent.
Resolution 211-12 as recorded in the office of the City Clerk.
ADM 12-4254 (R-PZD 12-4079 Project Cleveland): An ordinance amending a Residential
Planned Zoning District entitled R-PZD 12-4079, Project Cleveland, located at the Northwest
corner of Razorback Road and Hall Avenue, containing approximately 2.71 acres, extending the
time frame to obtain all necessary permits to begin construction by December 19, 2014.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the ordinance.
City Attorney Kit Williams: The judge has ordered a trial for December. Because of the
litigation the applicant is asking that we give him more time.
Seth Mims, Specialized Real Estate Group: We are just asking for an extension.
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Alderman Tennant moved to suspend the rules and go to the second reading. Alderman
Adams seconded the motion. Upon roll call the motion passed 6-1. Alderman Adams,
Lewis, Gray, Boudreaux and Tennant voting yes. Mayor Jordan voted yes to suspend the
rules. Alderman Kinion voting no. Alderman Petty was absent during the vote. Alderman
Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading.
Alderman Boudreaux seconded the motion. Upon roll call the motion passed 6-1
Alderman Adams, Lewis, Gray, Boudreaux and Tennant voting yes. Mayor Jordan voted
yes to suspend the rules. Alderman Kinion voting no. Alderman Petty was absent during
the vote. Alderman Ferrell was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the motion passed 5-2.
Alderman Lewis, Gray, Boudreaux and Tennant voting yes. Mayor Jordan voted yes to
pass the ordinance. Alderman Adams and Kinion voting no. Alderman Petty was absent
during the vote. Alderman Ferrell was absent.
Ordinance 5541 as Recorded in the office of the City Clerk
City Council Agenda Session Presentations:
Economic Development Quarterly Report Presentation by Chung Tan and Steve Clark
City Council Tour: None
Announcements:
Sondra E. Smith, City Clerk/Treasurer
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