HomeMy WebLinkAbout2015-04-07 MinutesAlderman Adella Gray
Ward 1 Position 1,
Alderman Sarah Marsh
Ward I Position 2
Alderman Mark Kinion
Ward 2 Position 1
Alderman Matthew Petty
Ward 2 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
April 7, 2015
City Council Meeting Minutes
April 7, 2015
Page 1 of 16
Alderman Justin Tennant
Ward 3 Position 1
Alderman Martin W. Schoppmeyer, Jr
Ward 3 Position 2
Alderman John La Tour
Ward 4 Position 1
Alderman Alan T. Long
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on April 7, 2015 at 5:30 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 Adella Gray, Sarah Marsh, Mark Kinion, Justin Tennant, John La
Tour, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra
Smith, Staff, Press, and Audience.
ABSENT: Alderman Matthew Petty and Alderman Martin Schoppmeyer
Pledge of Allegiance:
Mayor's Announcements. Proclamations and Recognitions: None
City Council Meeting Presentations. Reports and Discussion Items:
Quarterly Financial Report - 4th Ouarter 2014, Paul Becker, Chief Financial Officer
Paul Becker, Finance Director gave a brief summary of the 4th Quarter, 2014 Financial Report.
Alderman La Tour requested Mr. Becker to explain to the public the difference between a cash
balance and a fund balance.
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City Council Meeting Minutes
April 7, 2015
Page 2 of 16
Paul Becker explained that a fund balance is the difference between assets and liabilities. He
stated he wants citizens to look at the cash balance rather than the fund balance because that is
cash on hand and what is needed. He stated moving forward the city has sufficient cash balances.
Alderman La Tour: How much cash do we have in the General Fund?
Paul Becker: We have about ten million dollars. We are in a good cash position.
Advertisine and Promotion Commission Avvointment — The Commission recommends the
re -appointment of Matt Behrend term ending 03/31/15
Alderman Kinion presented the Advertising and Promotion Commission Appointment.
Alderman Kinion moved to approve the appointment of Matt Behrend to the Advertising
and Promotion Commission. Alderman Gray seconded the motion. Upon roll call the
motion passed 6-0. Alderman Petty and Schoppmeyer were absent.
Agenda Additions: None
Consent:
Approval of the March 17, 2015 City Council meeting minutes.
Approved
Hazmat Services Revenue: A resolution to approve a budget adjustment recognizing hazmat
services revenue received by the Fire Department from Washington County in the amount of
$1,930.00 and increasing the related expense budget.
Resolution 68-15 as recorded in the office of the City Clerk
2015 Arrow XT Fire Engine from Pierce Manufacturing, Inc.: A resolution to approve the
purchase of a 2015 Arrow XT Fire Engine from Pierce Manufacturing, Inc. of Appleton,
Wisconsin in the amount of $517,485.00 plus a contingency of $25,875.00 pursuant to the
Houston -Galveston Area Council contract, and to approve a budget adjustment.
Resolution 69-15 as recorded in the office of the City Clerk
2015 Caterpillar 308ECR Excavator from J.A. Riggs: A resolution to authorize the purchase
of a 2015 Caterpillar 308ECR Excavator from J.A. Riggs of Springdale in the amount of
$100,208.25 plus applicable taxes, pursuant to a National Joint Powers Alliance cooperative
purchasing agreement, for use by the Transportation Services Department, and to approve a budget
adjustment.
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City Council Meeting Minutes
April 7, 2015
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Resolution 70-15 as recorded in the office of the City Clerk
John Deere Loader from Stribling Equipment: A resolution to authorize the purchase of a John
Deere loader from Stribling Equipment of Springdale, Arkansas in the amount of $139,750.00 plus
applicable taxes pursuant to the National Joint Powers Alliance cooperative purchasing agreement
for use by the Transportation Services Department.
Resolution 71-15 as recorded in the office of the City Clerk
2015 Boring Machine Series II Navigator from Vermeer Midsouth, Inc.: A resolution to
authorize the purchase of a trailer mounted 2015 Boring Machine Series II Navigator from
Vermeer Midsouth, Inc. of Springdale, Arkansas in the amount of $213,522.66 plus any applicable
taxes pursuant to the National Joint Powers Alliance cooperative purchasing agreement for use by
the Water and Sewer Operations Division, and to approve a budget adjustment.
Resolution 72-15 as recorded in the office of the City Clerk
Six (6) Police Package Chevrolet Tahoes from Superior Chevrolet: A resolution to authorize
the purchase of six (6) Police Package Chevrolet Tahoes from Superior Chevrolet of Siloam
Springs in the total amount of $169,662.00, pursuant to a state procurement contract, for use by
the Police Department.
Resolution 73-15 as recorded in the office of the City Clerk
2015 Dodge Ram 2500 Pickup Truck from Landers Dodge: A resolution to approve the
purchase of a 2015 Dodge Ram 2500 pickup truck from Landers Dodge of Benton, Arkansas in
the amount of $24,752.00 pursuant to a state procurement contract for use by the Police
Department.
Resolution 74-15 as recorded in the office of the City Clerk
Maxsurge Healthcare Solutions, Inc. — Airport Hangar: A resolution to approve a three year
lease agreement with Maxsurge Healthcare Solutions, Inc. for the airport hangar at 4580 South
School Avenue for a rent of $2,893.00 per month to begin retroactively on March 1, 2015.
Resolution 75-15 as recorded in the office of the City Clerk
4th Judicial District Drug Task Force Grant: A resolution to authorize acceptance of a
$21,857.70 grant from the State Drug Crime Enforcement and Prosecution Fund to be matched by
$5,464.43 from City Funds to be used by the 4th Judicial District Drug Task Force, and to approve
a budget adjustment.
Resolution 76-15 as recorded in the office of the City Clerk
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City Council Meeting Minutes
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Gulf State Distributors: A resolution to approve the purchase of ammunition needed by the
Fayetteville Police Department during 2015 from Gulf State Distributors in the amount of
$59,709.49 pursuant to the State of Arkansas ammunition contract.
Resolution 77-15 as recorded in the office of the City Clerk
Automated External Defibrillators — Police Department: A resolution to approve the purchase
of Automated External Defibrillators for Police Department vehicles from Lifesavers, hic. in the
amount of $40,869.80 pursuant to a State of Arkansas procurement contract.
Resolution 78-15 as recorded in the office of the City Clerk
Peterbilt Model 348 Roll -Off Truck Purchase: A resolution to authorize the purchase of a
Peterbilt Model 348 Roll -Off Truck from National Auto Fleet Group in the amount of $143,416.00
pursuant to the National Joint Powers Alliance cooperative purchasing agreement for use by the
Recycling and Trash Collection Division.
Resolution 79-15 as recorded in the office of the City Clerk
Alderman Marsh moved to accept the Consent Agenda as read. Alderman Long seconded
the motion. Upon roll call the motion passed 6-0. Alderman Petty and Schoppmeyer were
absent.
Unfinished Business:
Amend §71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and
Mopeds: An ordinance to amend the Fayetteville Code by enacting §71.016 Insurance
Requirements for Motorized Bicycles, Motor Scooters and Mopeds. At the December 16, 2014
City Council meeting this ordinance was left on the First Reading and sent to the Ordinance
Review Committee. At the January 6, 2015 City Council meeting this ordinance was Tabled to
the February 17, 2015 City Council meeting and left on the Second Reading. At the February
17, 2015 City Council meeting this ordinance was Tabled to the April 7, 2015 City Council
meeting. This ordinance was left on the Second Reading.
Alderman Long moved to suspend the rules and go to the third and final reading. Alderman
Tennant seconded the motion. Upon roll call the motion passed 6-1. Alderman La Tour
voting no. Mayor Jordan voted yes to suspend the rules. Alderman Petty and Schoppmeyer
were absent.
City Attorney Kit Williams read the ordinance.
Alderman Long gave a brief description of the ordinance. He stated between the years of 2012 to
2014 there was a 28% increase in motor scooter accidents in Fayetteville and a 5% drop in
insurance coverage. He requested Deputy Chief, Mike Reynolds to speak on the issue.
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City Council Meeting Minutes
April 7, 2015
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Mike Reynolds, Deputy Chief of Police: Motor scooters are an emerging mode of transportation
for our citizens in Fayetteville and other college towns. We have seen an emerging number of
accidents that have occurred over the last three years.
One thing we tried to do on a state level was to get our lobbyist at the Arkansas Association of
Chiefs of Police to develop a bill and get a state law passed for insurance and registration to be
required for motor scooters. We were unsuccessful in getting any support for that during this
legislative session. We come to you with this issue we have here in Fayetteville. The Police
Department doesn't see an exception for automobiles, boats, and water crafts, but we do see an
exception for motor scooters under 50 cc's. The concern for us is the number of accidents that we
are starting to see and the injuries associated with those accidents. We believe insurance would
provide a remedy for individuals that incur injury or property damage. We are supportive of this
ordinance.
Alderman Long: We have talked about the enforcement. We wouldn't need any extra staff or
need to create any other type of enforcement mechanisms. It would be run of the mill traffic stops
or accidents where insurance would be checked.
Mike Reynolds, Deputy Chief of Police: That is correct.
A discussion followed about enforcement procedures.
Alderman La Tour: Do you have any insight into the legislature's failure to act? Why was there
no interest?
Mike Reynolds, Deputy Chief of Police: I don't know. It's probably not a state wide issue. It's
an isolated issue to college towns. At the Town & Gown Committee meeting we heard
representative from the University say that registered motor scooters have increased dramatically.
Alderman La Tour: The Town & Gown Committee decided it would be better dealt with at the
state level, not at the local level. If some cities pass this ordinance and other cities do not, it could
confuse the owner of a scooter. It is a good cause, but I'm concerned our city will be inundated
with regulations.
Alderman Kinion: The recommendation by the Town & Gown Committee was not to make a
recommendation. They did not want the responsibility of enforcing this with their parking permit
program. There was discussion that on a state level it could be easier to understand and implement
for the very reasons Alderman La Tour has mentioned.
Don Marr, Chief of Staff: The question asked of the Town & Gown Committee was not their
support or lack of support for the ordinance, but the referral from the Town & Gown Committee
was to the University Parking and Transit System whether they would aid in the enforcement. The
committee came back and reported from the University that they would not do that. They saw it
addressed as a state level.
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City Council Meeting Minutes
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Alderman Marsh: The University is state property, would this ordinance apply to University
property?
City Attorney Kit Williams: It would apply to an individual that's driving a scooter that he owns.
Whether or not they are on the street at the University we still enforce traffic regulations at the
University if we need too. We don't always patrol it because we have the University police, but
we have authority on the campus.
Alderman Long: Do we have ordinances the Police Department has to enforce in Fayetteville
that may not exist in other cities?
Mike Reynolds, Deputy Chief of Police: Yes.
Alderman Long: So something being different in other cities as compared to Fayetteville is not
out of the ordinary?
Mike Reynolds, Deputy Chief of Police: No, it is not unusual.
Alderman Gray: It seems to me the main problem is in Fayetteville. We have college students.
Our Fayetteville Policemen supports this.
Loraine O'Neal, 3001 West Wedington Drive spoke in opposition of the ordinance. She stated
she did not see how it could be enforced.
Alderman Long: You said you didn't know how it would be enforced. If a scooter person is
pulled over for speeding or involved in an accident that would be when citations are issued.
Loraine O'Neal: It places an undue burden on the officers. I don't know if any studies have been
done as to the dollar amount of damages by these few accidents and whether there has been any
serious physical injuries that have occurred.
Laura Phillips, 2055 South Kline stated she works at the University of Arkansas and reported
there are scooter accidents on campus. She spoke in favor of the ordinance.
Peter Tonnessen, 3500 Hearthstone Drive stated he believed it should be a statewide decision.
A discussion followed about registration of a motor scooter.
Michael Collins, 1625 North Giles spoke in opposition of the ordinance.
Paul Phaneuf, Aqua Crossing: It is a well -intended ordinance, but it could cause confusion when
it comes to enforcement. Would there be criminal penalties if somebody was stopped and didn't
have insurance?
City Attorney Kit Williams: Any violation of an ordinance can be prosecuted and a fine can be
levied by the District Judge.
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City Council Meeting Minutes
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Paul Phaneuf, Aqua Crossing: Does the ordinance provide what the penalty would be?
City Attorney Kit Williams: There's not a specific penalty provision in here so I would defer to
our general penalty provision like every other ordinance in the code. There is a general penalty
provision in our code that follows state law that says a penalty can be up to $500.00 or if it is a
recurring problem it can be up to $250.00 a day.
Paul Phaneuf, Aqua Crossing: Could someone be arrested if they were driving from another
community and were stopped?
City Attorney Kit Williams: No. They could be issued a citation.
Paul Phaneuf, Aqua Crossing: Would they be able to drive their scooter away or would it be
confiscated?
City Attorney Kit Williams: I don't see anything about confiscation.
Paul Phaneuf, Aqua Crossing stated he was concerned about people coming into Fayetteville from
other cities and not knowing about the scooter ordinance.
Laura Phillips, 2055 South Kline stated when a student applies to the University of Arkansas they
are given a thorough admissions packet that informs them about specific laws in Fayetteville.
Alderman La Tour: I am torn on the issue and who can be against personal responsibility.
Requiring liability insurance is the responsible position, but what bothers me is that it is a coercive
action by those of us in the seat of power. I would rather the City Council pass a resolution
encouraging our citizens to take responsibility.
Alderman Marsh: I am torn also. I wish the legislature had addressed this because it is something
that state government should do. My initial concerns were about different regulations in different
municipalities. Realizing these are 50cc scooters, these are not something you would be driving in
from Gentry to go to school. I am hesitant to impose an additional financial burden on students.
We have a lack of adequate public transportation.
Alderman Long: It has been mentioned there is a different standard for people inside Fayetteville
and people from outside Fayetteville, but it is one standard, the same standard we impose on
vehicles and it is for people who drive in Fayetteville. If they are stopped or involved in an accident
that one standard is applied and they would be issued a citation for not having insurance. People
that are not at fault shouldn't have to take responsibility for someone's financial burden that they
caused to them. I have seen the police reports and it is a problem that is developing.
Alderman La Tour: We are discounting there could be some responsible scooter drivers who
don't have liability insurance, but they are still good for their debts. If they don't, then there is
small claims court.
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City Council Meeting Minutes
April 7, 2015
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Alderman Gray: The deciding factor is that our Police Department is supportive of this. We
depend on our Police Deparhnent to keep us safe. I will be supporting this.
Alderman Tennant: Thank you to staff and the Town & Gown Committee for looking into this.
They looked at several different options. I am torn on this. One of our jobs is to protect people
when we can. Those scooters, even at 40 mph could do a lot of damage. It sounds like the insurance
cost wouldn't be unbearable. I have to lean on the side of the Police Department. I wish the state
had done it. I see apartments going up near the campus, but I don't see that many parking lots.
Students are going to be forced to ride scooters, which means there are going to be more on the
streets. I will support it.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-1.
Alderman La Tour voting no. Alderman Petty and Schoppmeyer were absent.
Ordinance 5758 as Recorded in the office of the City Clerk
Enact Article III Procedure to Exercise Initiative and Referendum Rights of Chapter 36:
Elections: An ordinance to enact Article III Procedure to Exercise Initiative and Referendum
Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the
citizens' right of the initiative and referendum. This ordinance was left on the First Reading at
the January 20, 2015 City Council meeting. This ordinance was tabled to the March 17, 2015
City Council Meeting at the February 3, 2015 City Council Meeting. This ordinance was left on
the second reading at the March 17, 2015 City Council meeting. This ordinance was left on the
Second Reading.
City Attorney Kit Williams: I sent you all a memo on April 2, 2015 talking about the new state
law. The state legislature has amended the county referendum procedure pursuant to Amendment
7. That is what I had incited originally as being what we should follow and that remains my
recommendation. However, because they did not change the state law and how state referendums
on state statutes would be worded, then we need to remove that reference to the state statute
because otherwise it is conflicting. You are telling somebody to do it this way and telling
somebody else we will do it the opposite way. That is exactly the problem we had before. It was
very unclear and that's why I brought this forward so we could clarify it. I also brought it forward
because Amendment 7 specifically gives the municipalities in Arkansas the right to exercise the
procedure of the initiative and referendum as to their local legislation. General laws are done by
the state legislature so they were within their power and right to amend the county referendum law
and prescribed how county referendums should be worded.
My recommendation is that I no longer need to be a part of this ordinance. I have removed all
reference to the City Attorney. The only other thing that I changed in this ordinance was in
subsection (c) where it would now read that the petitioner shall ensure that any ballot title conforms
to A.C.A. §14-14-917 (d) which is the county referendum language. That was in there before, but
I removed the reference to the state language.
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City Council Meeting Minutes
April 7, 2015
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Mayor Jordan: You are saying that we remove the City Attorney and be in line more with the
county?
City Attorney Kit Williams: Remove the City Attorney having any input on this and then we
follow the county. If there is a referendum at the county and a referendum at the city, we will
handle it exactly the same.
Alderman La Tour moved to amend the ordinance to the new language proposed by the City
Attorney. Alderman Gray seconded the motion. Upon roll call the motion passed 6-0.
Alderman Petty and Schoppmeyer were absent.
A discussion followed about the county referendum process.
Peter Tonnessen, 3500 Hearthstone Drive read A.C.A. §7-9-101 definitions. He stated that
without any action of this ordinance, it does nothing. He stated it is a law telling people to obey
the law which already applies from the constitution and by definition from another city ordinance.
He asked the City Council not to enact the ordinance.
Duncan Campbell, Fayetteville resident stated he doesn't see the need to have a city ordinance
that says we are going to obey the state.
Loraine O'Neal, 3001 West Wedington Drive stated she would like the item to be tabled and
allow the state to come up with something that is more clearly defined.
City Attorney Kit Williams: The language related to the county does not apply to the city unless
we adopt it. The same thing about the state law that talks about the petitions. The constitution
rules over state statutes. The constitution gives cities and the Legislature powers. Amendment 7
says, "Municipalities may provide for the exercise of the initiative and referendum as to their local
legislation. General laws shall be enacted providing for the exercise of the initiative and
referendum as to counties." We are going to exercise our constitutional powers by saying we are
going to follow the county law. We are going to follow the two state laws talking about how the
initiative and referendum petitions are supposed to be.
Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman
Marsh seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and
Schoppmeyer were absent.
City Attorney Kit Williams read the ordinance.
Don Marr, Chief of Staff: House Bill 1687 to amend the law concerning ballot questions and to
add clarity to the format of the ballot question became Act 1036 on April 4, 2015. It was passed
without an Emergency Clause. It will go into effect 90 days from the close of session.
Peter Tonnessen, 3500 Hearthstone Drive stated he sees what Mr. Williams is saying, but does
not agree with him. He requested for City Council to wait to see the effect of the new law.
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City Council Meeting Minutes
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Kyle Smith, 2801 West Dove Drive spoke in favor of the ordinance.
Alderman Kinion: As we move forward we can't forget the past. In regards to what has passed
in the state house, this is a simple clarification. It is a tool that can be used to prevent any confusion
in the future. I will support it.
Alderman La Tour: Will I regret supporting this and making this motion?
City Attorney Kit Williams: No. This is straight forward. I brought this forward because I did
not want to have confusion which breeds litigation.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Petty and Schoppmeyer were absent.
Ordinance 5759 as Recorded in the office of the City Clerk
New Business:
Bid #15-23 - Crossland Heavy Contractors, Inc.: A resolution to award Bid #15-23 and
authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $1,014,576.50 for
construction of the Upper Scull Creek Drainage Improvement Project, to approve a project
contingency in the amount of $152,185.00, and to approve a budget adjustment.
Jeremy Pate, Director of Development Services gave a brief description of the resolution. Staff is
recommending approval of the contract.
Alderman Kinion: It is important we move forward with this needed improvement. We did not
take this specific action to the Water & Sewer Committee.
Alderman La Tour: An elderly citizen called me and is concerned that Scull Creek is eroding
her property. Anything we can do to help her out I would be appreciative of.
Alderman Long: Did you say Water & Sewer did not look at this?
Alderman Kinion: We've talked about the situation, but we didn't discuss this specific action.
This is a remedy that has been discussed. The erosion is evident.
Mayor Jordan: It is a rough area and needs to be fixed.
Alderman Marsh: When the rain comes it is inundated. There are homes with significant
historical value in this area. We need to make this improvement.
Mayor Jordan: This has been going on for a long time and we have been working to get funding
for it over several years. When it rains hard it gets out of the banks.
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City Council Meeting Minutes
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Alderman Tennant moved to approve the resolution. Alderman Marsh seconded the motion.
Upon roll call the resolution passed 6-0. Alderman Petty and Schoppmeyer were absent.
Resolution 80-15 as recorded in the office of the City Clerk
RZN 15-4953 - 1195 South Curtis Avenue: An ordinance rezoning that property described in
Rezoning Petition RZN 15-4953, for approximately 6.8 acres, located at 1195 South Curtis Avenue
from RSF-4, Residential Single Family, 4 units per acre to RMF -24, Residential Multi -Family, 24
units per acre.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff is
recommending approval. Planning Commission voted in favor 7-0.
Eric Duca, Potential purchaser of the property stated he was looking for an opportunity to develop
the 6.8 acres. He stated he doesn't have any specific plans at this point and is looking for a zoning
0.10RiiLK-3
Alderman Marsh: I heard that this property is in a wetland area. Looking at aerial photos, I don't
see anything to indicate that would be true.
Jeremy Pate: Not that I am aware of.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman Long
seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and
Schoppmeyer were absent.
City Attorney Kit Williams read the ordinance.
Alderman Tennant moved to suspend the rules and go to the third and final reading.
Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty
and Schoppmeyer were absent.
City Attorney Kit Williams read the ordinance.
Alderman Tennant: I went and looked at the land and was surprised how much land was back
there. To the people who might be concerned about crime, I believe a development might help
because of the open dark land that is currently there.
Alderman Kinion: I understand the concern of some individuals of losing a ball field in the city.
This is much larger when we are looking at the rezoning issue. I am going to support it after looking
at the area as a whole. We don't want to prevent anyone from having access to recreational
facilities. I hope we are moving forward to handle that with the expansion of our parks system.
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Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Petty and Schoppmeyer were absent.
Ordinance 5760 as Recorded in the office of the City Clerk
Active Transportation Plan and Map: A resolution to adopt the Fayetteville Active
Transportation Plan and Map.
Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the
resolution. He stated this plan reaffirms the city's commitment to the future of active
transportation, develops a set of realistic goals, and provides a comprehensive approach for
planning pedestrian and bicycle infrastructure. He stated it provides the framework for building a
healthy and robust network that will lead to a more vibrant and active community. He thanked
staff members Lee Porter, Dane Eifling, Leif Olson, and Matt Mihalevich for their work.
Matt Mihalevich, Trails Coordinator gave a brief description of the Active Transportation Map.
Mayor Jordan: Great job and plan.
Alderman Long thanked city staff for all their hard work.
Alderman Gray moved to approve the resolution. Alderman Marsh seconded the motion.
Upon roll call the resolution passed 6-0. Alderman Petty and Schoppmeyer were absent.
Resolution 81-15 as recorded in the office of the City Clerk
Amend §33.329 Eligibility of Citizen Volunteers: An ordinance to Amend §33.329 Eligibility
of Citizen Volunteers to Serve on City Boards, Commissions and Committees to remove the
restriction on the number of consecutive terms a citizen may serve.
City Attorney Kit Williams read the ordinance.
Alderman Long gave a brief description of the ordinance. He stated this ordinance would create
a more encouraging application process.
Alderman Marsh: Who are we not taking applications from?
Alderman Long: After someone has served two full terms, if there are other applicants for that
position they are not able to apply until they have set out an entire term.
Alderman La Tour believes if someone is allowed to continue to be on a committee without term
limit breaks it may restrict new thinking and innovation.
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City Council Meeting Minutes
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Alderman Gray: I feel we should keep in place what we have in place. Allow people to take a
break and then they can come back.
Alderman Marsh: The term limits are an important part of keeping the boards fresh and keeping
new ideas there. It gives other people in the community an opportunity to serve. You can currently
move to other boards. I won't be supporting the ordinance.
Alderman Tennant: In order to change the process it needs to be more broken than it is. The
process is cracked, but it's not broken. I won't support it, but I do understand the point. People
being able to move to other committees is important and expanding their expertise in another way
is important as well.
Alderman Long: Looking at this from a person that's not serving on the City Council. If they
looked at us as elected officials and said that we are not able to make those hard decisions of who
we appoint and who we don't after getting applications, then they would probably say we are
running a high performance organization and we shouldn't be in that position. The Nominating
Committee scrutinizes all those applicants. It might have not have been perfect in the past. It seems
imperfect to say the City Council needs an arbitrary rule to say who they can and can't accept
applications from. We aren't saying we are or are not going to appoint someone. We are saying
we are going to have an option to look at someone if they are adding value.
This ordinance was left on the First Reading
Enact Article XXVII Construction Board of Adjustment and Appeals: An ordinance to enact
Article XXVII Construction Board of Adjustment and Appeals in Chapter 33 Departments,
Boards, Commissions and Authorities of the Fayetteville Code.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams stated the board is important. He stated they decide very technical
issues in construction and it should be in the code.
Alderman Kinion stated the Nominating Committee supports the codification of the board.
Alderman Long: Do we have several boards and commissions that are not codified?
City Attorney Kit Williams: We don't have too many. This is not just an advisory board. This
is a powerful board. We don't have to codify every single citizen volunteer board that is merely
advisory.
A discussion followed about codification of boards and committees.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman
Tennant seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and
Schoppmeyer were absent.
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City Attorney Kit Williams read the ordinance.
Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman
Marsh seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and
Schoppmeyer were absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Petty and Schoppmeyer were absent.
Ordinance 5761 as Recorded in the office of the City Clerk
Amend §110.01 Billposting: An ordinance to Amend §110.01 Billposting.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams gave a brief description of the ordinance. His hope is that it will
continue to lessen litter in the city.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman
Tennant seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and
Schoppmeyer were absent.
City Attorney Kit Williams read the ordinance.
Alderman Long moved to suspend the rules and go to the third and final reading. Alderman
Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Petty and
Schoppmeyer were absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Alderman Petty and Schoppmeyer were absent.
Ordinance 5762 as Recorded in the office of the City Clerk
Amend § 72.03 Parking Prohibited in Certain Places: An ordinance to Amend § 72.03 Parking
Prohibited in Certain Places of the Fayetteville Code by enacting a new subsection to prohibit
parking on a city street in front of and blocking a mailbox.
City Attorney Kit Williams read the ordinance.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
April 7, 2015
Page 15 of 16
City Attorney Kit Williams: I see a change that should be made. We don't want to prohibit
parking in front of mailboxes on a federal holiday because the mail is not going to be delivered
then.
Alderman Long gave a brief description of the ordinance. He stated a citizen wasn't able to get
their bills because a neighbor would not move their vehicle. He stated there is not any codification
on this for enforcement.
Alderman La Tour stated he supports the proposed amendment that City Attorney Williams
suggested.
Peter Tonnessen, 3500 Hearthstone Drive: What will be the impact on merchants?
Alderman Long: Usually when a service provider is coming to your residence they are back and
forth between their truck. They can move their truck for a mail delivery person. That is not
someone who is repeatedly parking there day after day to prevent someone from being able to get
their mail.
City Attorney Kit Williams: This is a major change in the city and you might want to leave it
on the first reading to speak to your constituents.
Alderman Long moved to amend the ordinance to exclude days the US Postal Service does
not deliver mail. Alderman La Tour seconded the motion. Upon roll call the motion passed
6-0. Alderman Petty and Schoppmeyer were absent.
Greg Tabor, Chief of Police: I have concerns about what Alderman Long just said about the
service providers. If an officer happens to come down the street after the service provider goes in
the house, the potential is there for that vehicle to get a citation for prohibited parking. It is
something we need to give some thought too as an enforcement standpoint.
Alderman Long: This would be a complaint driven ordinance. The person complaining about
their mailbox being blocked would be the person who called.
Greg Tabor, Chief of Police: That's the first I have heard about it being complaint driven.
City Attorney Kit Williams: This doesn't say it's only complaint driven. Normally our zoning
ordinances are complaint driven.
A discussion followed about police officer discretion.
Peter Tonnessen, 3500 Hearthstone Drive stated his concern of restricting parking for nine hours
a day for the one minute the postal driver stops at the box and delivers the mail.
Kyle Smith, 2801 West Dove Drive quoted the Domestic Mail Delivery handbook. He stated
customers must keep the approach to their mailboxes clear of obstruction to .allow safe access for
delivery.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov
City Council Meeting Minutes
April 7, 2015
Page 16 of 16
Alderman La Tour: I would hate to change the rule for the whole city due to one isolated case.
We have survived as a city since 1834 without the regulation. I always default toward not passing
a law if we don't need one.
Greg Tabor, Chief of Police: This is not just one isolated case. This does come up several times
a year. It is frustrating to the residents when someone is parked in front of their mailbox for several
days in a row. There is nothing the Police Department can do and residents have a hard time
understanding that.
Alderman Gray: Once we get it into place the business people as well as residents would follow
it. I will be supporting this.
Alderman Tennant: I think we should hold it.
Alderman Long stated this is not one isolated incident. He discussed an incidence about someone
blocking an elderly disabled man's mailbox and he wasn't able to get his mail.
A discussion followed about complaint driven parking in and around the Entertainment District.
This ordinance was left on the First Reading
Announcements:
Don Marr, Chief of Staff: The city is taking input on a survey for our citizens to provide
comments on trash reduction diversion and recycling.
The city is accepting sealed bids for the purchase of two residential properties the City Council
has put for sale that was acquired as a part of the Gulley Park expansion. The properties are located
at 2634 and 2648 Old Wire Road. Bids are due before Monday, May 4, 2015.
City Attorney Kit Williams: This is an opportunity to live next to one of our beautiful parks.
City Council Aeenda Session Presentations: None
City Council Tour: None
Sondra E. Smith, City Clerk/Treasurer
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov