HomeMy WebLinkAbout2007-05-15 - Agendas - Final Aldermen
Ward 1 Position 1—Adella Gray
Mayor Dan Coody Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2—Nancy Allen
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith Taye evi e Ward 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
May 15, 2007
A meeting of the Fayetteville City Council will be held on May 15, 2007 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Botanical Garden Annual Report- Catherine Bass.
A. CONSENT:
1. Approval of the April 17, 2007 and May 1, 2007 City Council meeting minutes.
THE CITY COUNCIL APPROVED THE MINUTES FOR APRIL 17, 2007 AND
MAY 1, 2007.
2. McClelland Consulting Engineers, Inc. Engineering Contract: A resolution awarding
an engineering contract to McClelland Consulting Engineers, Inc. in an amount not to
exceed $80,200.00 for geotechnical studies, topographic surveys, flood analysis, design,
bidding, and construction services associated with five (5) trail bridges for Scull Creek
Trail.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-07.
3. Wilson Brothers Construction: A resolution approving a contract with Wilson
Brothers Construction in the amount of $1,327,793.62 for improvements to the Noland
Wastewater Treatment Plant Primary Pond, WSIP Subproject EP-1; and approving a 5%
project contingency in the amount of$65,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-07.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
4. Bid # 07-36 Glover's Truck Parts & Equipment: A resolution awarding Bid # 07-36
to Glover's Truck Parts & Equipment for the purchase of one (1) Low Boy Semi Trailer
in the amount of$55,719.00 for use by the Transportation Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-07.
5. Bid # 07-39 Williams Tractor: A resolution awarding Bid # 07-39 to Williams Tractor
for the purchase of two (2) Compact Track Excavators in the amount of$99,377.00, one
for use by the Water & Sewer Division and the other for use by the Transportation
Division; and approving budget adjustments in the amount of $41,627.00 and $750.00
respectively.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-07.
6. Bid # 07-40 Riggs Power Solutions, Three Backup Power Generators: A resolution
awarding Bid #07-40 to Riggs Power Solutions for the purchase of three (3) backup
power generators in the amount of$74,268.72 for WSIP Subproject EL-4, East Side Lift
Station Upgrades.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 89-07.
7. Bid # 07-40 Riggs Power Solutions, One Emergency Generator: A resolution
awarding Bid # 07-40 to Riggs Power Solutions for the purchase of one (1) additional
backup power Generator in the amount of$28,066.00 to provide power for the new fuel
facility and the Fleet Operations/Transportation Building.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 90-07.
B. UNFINISHED BUSINESS:
1. The Links at Fayetteville Appeal: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 07-2452, The Links at Fayetteville, located at the northeast
corner of Wedington and Rupple Road; containing approximately 152.23 acres;
amending the official zoning map of the city of Fayetteville; and adopting the Associated
Master Development Plan. This ordinance was left on the Third Reading at the May I,
2007 City Council meeting and Tabled to the May 15, 2007 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5015.
2. The Links at Fayetteville Bill of Assurance and Contract: A resolution to approve the
Bill of Assurance and contract with the Links at Fayetteville and the City of Fayetteville
THE CITY COUNCIL ADDED THIS ITEM TO THE AGENDA. THIS ITEM
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 91-07.
C. PUBLIC HEARING:
1. Farmington Annexation Public Hearing Date: A public hearing regarding the City of
Farmington's desire to annex 25.44 acres currently in the city limits of Fayetteville.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
D. NEW BUSINESS:
1. Fayetteville Economic Development Corridor Project: A resolution to approve the
three recommended options for transportation improvements in the Fayetteville
Expressway Economic Development Corridor Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 92-07.
2. RZN 07-2520 (Karas): An ordinance rezoning that property described in rezoning
petition RZN 07-2520, for approximately 1.50 acres, located at 4041 West Wedington
Drive from R-A, Residential Agricultural to R-O, Residential Office.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5016.
3. VAC 07-2519 (Milver Investments): An ordinance approving VAC 07-2519 submitted
by Milver Investments, LLC for property located at 500 West Prairie Street, vacating an
un-constructed right-of-way along the west side of West Avenue and un-constructed
right-of-way bisecting the subject property.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5017.
4. VAC 07-2573 (Chestnut I Apartments): An ordinance approving VAC 07-2573
submitted for property located at Chestnut I Apartments at Chestnut Avenue and Poplar
Street, vacating a 4,676 square foot multi-use trail easement and replacing it with a
realigned 2,558 square foot multi-use trail easement as described and depicted herein.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5018.
5. Amend Chapter 173 and 155, Public Nuisance: An ordinance to amend Chapter 173
and Chapter 155 of the Unified Development Code to regulate unfinished houses as
property nuisances and allow an appeal to the City Council.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5019.
6. Nock-Broyles Land Development, LLC: An ordinance waiving the requirements of
formal competitive bidding; approving a cost-share agreement with Nock-Broyles Land
Development, LLC in the amount of $50,000.00 for the relocation of Weir Road at the
intersection with Salem Road; and approving a budget adjustment in the amount of
$13,100.00.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5020.
E. INFORMATIONAL:
City Council Tour: None
Meeting adjourned at 7:25 p.m.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
City Council Meeting May 15, 2007
Subject:
Motion To:
Motion By:
Seconded:
Thiel
Cook
Allen
Rhoads
Ferrell
Lucas ✓
Jordan
Gray
Mayor Coody
Subject:
Motion To: n
Motion By:
By:
Seconded: ,�p
Thiel ✓
ik Cook
Allen ✓
Rhoads
Ferrell ✓
Lucas
8 G CO Jordan
J
Gray ✓f
Mayor Coody
City Council Meeting May 15, 2007
Subject: sz t ks a e over t(e-
Motion To:
O,Ad
r
Motion By:
Seconded:
Thiel
Cook
Allen
Rhoads
Ferrell
Lucas
Jordan
Gray
Mayor Coody
Subject.
AkAks CA 'Jlt (�
Motion To:
Aw t'k , JU
i�
Motion By:
Seconded: -
4
Thiel ,/
Cook /
Allen
Rhoads ✓
Ferrell
►� Lucas r/
4b Jordan �✓
Gray
Mayor Coody
1
City Council Meeting May 15, 2007
Subject:
Motion To: f
t r �
Motion By:
Seconded:
Thiel
I1 h' Cook n/
1�i6S,f
IIJJ Allen
Rhoads V/
Q Q Ferrell
P Lucas
Jordan V/
Gray
Mayor Coody
Subject:
Motion To:
Motion By:
AA 14124k)
Seconded:
�&Ck-j Thiel
Cook ✓
Allen
Rhoads ✓
a -
Ferrell
Lucas
Jordan ✓
Gray
" Mayor Coody
i
City Council Meeting May 15, 2007
Subject: � � TL),.A `
Motion To:
Motion By:
Seconded:
Thiel
PI Cook
i C
Allen
Rhoads
Ferrell
Lucas4eovw &4L.
Jordan
Gray
Mayor Coody
Subject:
O fit 11C.
Motion To:
Motion By:
Seconded:
Thiel
Cook
! � Allen
Rhoads
Ferrell
Lucas o/
Jordan
Gray woo*,"
Mayor Coody
d 'O
i
City Council Meeting May 15, 2007
Subject: Z /t d 02 E-2 0 t
Motion To: a A, d
Motion By:
Seconded: 4U e
Thiel f
N Cook ✓ f/'
Allen ✓ ,/
Rhoads
Ferrell ,/ ,/ ✓
Lucas �✓
pJordan
Gray �✓ �""
Mayor Coody
F,O 6� o
Subject:
VAC,
Motion To: Af%- 5dT4
Motion By: l
Seconded: '
D , 3t Thiel
�, l Cook ,/
V��V Allen Vol"' ,/ L/
Rhoads ✓
Ferrell i/ ,/ ✓
Lucas
Jordan
Gray
50 / 7 Mayor Coody
i
City Council Meeting May 15, 2007
Subject: n
Motion To: C o
Motion By: b B ®o
Seconded:
D4 , Thiel ✓ v
Cook
Allen ✓ �/
Rhoads
Ferrell
Lucas
Jordan ✓
/ Gray
5c) 9 Mayor Coody
Subject: fn" tic Alu�
Motion To:
Motion By:
Seconded:
Thiel
• Cook
/Vti"- Allen ✓'
awf MA4) Rhoads
Ferrell a/
Lucas
PJordan
Gray
6,0
/ Mayor Coody
City Council Meeting May 15, 2007
Subject:
Motion To:
Motion By: ,
Seconded:
Thiel
�r Cook
Allen ,/ ,/ ✓
o
Rhoads ✓ ✓ r/
Ferrell r/ ,/ ✓
utas �/ ✓ �
Jordan ✓ ,/ r/
Gray ✓ �s
Mayor Coody
.v
Subject:
Motion To:
Motion By:
Seconded:
Thiel
Cook
Allen
Rhoads
Ferrell
Lucas
Jordan
Gray
Mayor Coody
Aldermen
Ward 1 Position 1—Adella Gray
Mayor Dan Coody Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2—Nancy Allen
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith Taye evi e Ward 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
May 15, 2007
A meeting of the Fayetteville City Council will be held on May 15, 2007 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Botanical Garden Annual Report- Catherine Bass.
A. CONSENT:
1. Approval of the April 17, 2007 and May 1, 2007 City Council meeting minutes.
2. McClelland Consulting Engineers, Inc. Engineering Contract: A resolution awarding
an engineering contract to McClelland Consulting Engineers, Inc. in an amount not to
exceed $80,200.00 for geotechnical studies, topographic surveys, flood analysis, design,
bidding, and construction services associated with five (5) trail bridges for Scull Creek
Trail.
3. Wilson Brothers Construction: A resolution approving a contract with Wilson
Brothers Construction in the amount of $1,327,793.62 for improvements to the Noland
Wastewater Treatment Plant Primary Pond, WSIP Subproject EP-1; and approving a 5%
project contingency in the amount of$65,000.00.
4. Bid # 07-36 Glover's Truck Parts & Equipment: A resolution awarding Bid # 07-36
to Glover's Truck Parts & Equipment for the purchase of one (1) Low Boy Semi Trailer
in the amount of$55,719.00 for use by the Transportation Division.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
5. Bid # 07-39 Williams Tractor: A resolution awarding Bid # 07-39 to Williams Tractor
for the purchase of two (2) Compact Track Excavators in the amount of$99,377.00, one
for use by the Water & Sewer Division and the other for use by the Transportation
Division; and approving budget adjustments in the amount of $41,627.00 and $750.00
respectively.
6. Bid # 07-40 Riggs Power Solutions, Three Backup Power Generators: A resolution
awarding Bid #07-40 to Riggs Power Solutions for the purchase of three (3) backup
power generators in the amount of$74,268.72 for WSIP Subproject EL-4, East Side Lift
Station Upgrades.
7. Bid # 07-40 Riggs Power Solutions, One Emergency Generator: A resolution
awarding Bid # 07-40 to Riggs Power Solutions for the purchase of one (1) additional
backup power Generator in the amount of$28,066.00 to provide power for the new fuel
facility and the Fleet Operations/Transportation Building.
B. UNFINISHED BUSINESS:
1. The Links at Fayetteville Appeal: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 07-2452, The Links at Fayetteville, located at the northeast
corner of Wedington and Rupple Road; containing approximately 152.23 acres;
amending the official zoning map of the city of Fayetteville; and adopting the Associated
Master Development Plan. This ordinance was left on the Third Reading at the May 1,
2007 City Council meeting and Tabled to the May 15, 2007 City Council meeting.
C. PUBLIC HEARING:
1. Farmington Annexation Public Hearing Date: A public hearing regarding the City of
Farmington's desire to annex 25.44 acres currently in the city limits of Fayetteville.
D. NEW BUSINESS:
1. Fayetteville Economic Development Corridor Project: A resolution to approve the
three recommended options for transportation improvements in the Fayetteville
Expressway Economic Development Corridor Project.
2. RZN 07-2520 (Karas): An ordinance rezoning that property described in rezoning
petition RZN 07-2520, for approximately 1.50 acres, located at 4041 West Wedington
Drive from R-A, Residential Agricultural to R-O, Residential Office.
3. VAC 07-2519 (Milver Investments): An ordinance approving VAC 07-2519 submitted
by Milver Investments, LLC for property located at 500 West Prairie Street, vacating an
un-constructed right-of-way along the west side of West Avenue and un-constructed
right-of-way bisecting the subject property.
4. VAC 07-2573 (Chestnut I Apartments): An ordinance approving VAC 07-2573
submitted for property located at Chestnut I Apartments at Chestnut Avenue and Poplar
Street, vacating a 4,676 square foot multi-use trail easement and replacing it with a
realigned 2,558 square foot multi-use trail easement as described and depicted herein.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
5. Amend Chapter 173 and 155, Public Nuisance: An ordinance to amend Chapter 173
and Chapter 155 of the Unified Development Code to regulate unfinished houses as
property nuisances and allow an appeal to the City Council.
6. Nock-Broyles Land Development, LLC: An ordinance waiving the requirements of
formal competitive bidding; approving a cost-share agreement with Nock-Broyles Land
Development, LLC in the amount of $50,000.00 for the relocation of Weir Road at the
intersection with Salem Road; and approving a budget adjustment in the amount of
$13,100.00.
E. INFORMATIONAL:
City Council Tour: None
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
D.4
-- VAC 07-2573(Chestnut I Apartments)
Page 1 of 2
AREA TO BE VACATED FOR TRAIL PURPOSES:
A part of Block Four (4) of Parker's Plat of Valley View Acres, to the City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows: From the Southwest
corner of Lot 6 of said Block 4(being the point of intersection of the East right-of-way of Chestnut
Avenue and the North right-of-way of Poplar Street), thence with the East right-of-way of
Chestnut Avenue North 03007' 22" East 36.55 feet, thence leaving said East right-of-way South
860 52' 38" East 15.00 feet to the Point of Beginning; thence North 030 07' 22" East 25.00 feet;
thence South 870 55' 05" East 110.02 feet; thence North 51" 08' 18" East 106.24 feet; thence
South 26" 17' 52" West 38.16 feet; thence South 35" 35' 52" West 14.84 feet; thence South 43°
45' 25" West 11.02 feet; thence South 52" 39' 36" West 28.73 feet; thence South 25" 01' 50"
West 9.86 feet; thence South 51' 08' 18"West 18.14 feet; thence North 87" 55' 05"West 119.80
feet, to the Point of Beginning and containing 4,778 square feet (0.110 acres), more or less. The
above described property having been surveyed by Daryl V. Doyal, being recorded in Doc. Ref._
on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas.
D.4
VAC 07-2573(Chestnut I Apartments)
Page 2 of 2
City Council Meeting Minutes -
April 17,2007
Page 1 of 31
Aldermen
Ward 1 Position 1 —Adella Gray
Mayor Dan Coody Ward 1 Position 2 —Brenda Thiel
Ward 2 Position 1 —Kyle B. Cook
City Attorney Kit Williams Ward 2 Position 2 —Nancy Allen
Ward 3 Position 1 -Robert K. Rhoads
City Clerk Sondra Smith Ward 3 Position 2 —Robert Ferrell
ARKANSAS Ward 4 Position 1 — Shirley Lucas
Ward 4 Position 2—Lioneld Jordan
City of Fayetteville Arkansas
City Council Meeting Minutes
April 17, 2007
A meeting of the Fayetteville City Council was held on April 17, 2007 at 6:00 PM in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor
Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience
Pledge of Allegiance
CONSENT:
Approval of the March 20, 2007 City Council meeting minutes and the March 27, 2007
Special City Council meeting minutes.
March 20, 2007 Minutes were removed.
March 27, 2007 Minutes were approved.
Ford Escape Hybrid Purchase: A resolution approving the purchase of one (1) Ford Escape
Hybrid from Landers Ford through the State Vehicle Purchase Contract in the amount of
$26,066.00 for use by the Police Division, Parks Patrol.
Resolution 63-07 as Recorded in the office of the City Clerk.
Bid #07-26 Scott Construction Equipment: A resolution awarding Bid #07-26 to Scott
Construction Equipment for the purchase of one (1) single-axle truck mounted excavator in the
amount of $206,019.70 for use by the Transportation Division; and approving a budget
adjustment in the amount of$1,020.00.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayettevi l le.org
City Council Meeting Minutes _
April 17, 2007
Page 2 of 31
Resolution 64-07 as Recorded in the office of the City Clerk.
Bid #07-27 Diamond International: A resolution awarding Bid #07-27 to Diamond
International for the purchase of one (1) asphalt distributor truck (chassis only) in the amount of
$59,988.54 for use by the Transportation Division.
Resolution 65-07 as Recorded in the office of the City Clerk.
Bid #07-28 Clark Machinery Company: A resolution awarding Bid #07-28 to Clark
Machinery Company of Fort Smith for the purchase of one (1) chassis-mounted asphalt
distributor in the amount of$76,356.00 for use by the Transportation Division.
Resolution 66-07 as Recorded in the office of the City Clerk.
Bid #07-31 Williams Tractor of Fayetteville and Hugg & Hall Equipment: A resolution
awarding a portion of Bid #07-31 to Williams Tractor of Fayetteville for the purchase of one (1)
compact track loader in the amount of $39,504.38 and to Hugg & Hall Equipment for the
purchase of one (1) trailer to haul the track loader in the amount of $6,924.61, both for use by the
Water & Sewer Division; and approving a budget adjustment in the amount of$46,429.00.
Resolution 6 7-0 7 as Recorded in the office of the City Clerk.
Bid #07-32 United Rental of Fayetteville and Hertz Rental: A resolution awarding a portion
of Bid #07-32 to United Rental of Fayetteville for the purchase of one (1) trench roller in the
amount of $30,202.18 and to Hertz Equipment for the purchase of one (1) trailer to haul the
trench roller in the amount of $3,835.96 both for use by the Water and Sewer Division; and
approving a budget adjustment in the amount of$34,400.00.
Resolution 68-07 as Recorded in the office of the City Clerk.
Bid #06-36 Downing Sales & Service: A resolution awarding an additional purchase from Bid
#06-36 to Downing Sales & Service for the purchase of three (3) additional recycling trucks in
the amount of$442,314.00 for use by the. Solid Waste & Recycling Division.
Resolution 69-07 as Recorded in the office of the City Clerk.
Boston Mountain Solid Waste District Recycling Grant: A resolution authorizing the Solid
Waste & Recycling Division to accept a recycling grant from the Boston Mountain Solid Waste
District in the amount of $81,605.00 to partially fund the purchase of a new baler for the
recycling center.
Resolution 70-07 as Recorded in the office of the City Clerk.
Sugar Creek Rolloff, LLC: A resolution authorizing the mayor to execute a contract with
Sugar Creek Rolloff, LLC to haul and dispose of solid waste within the city limits of
Fayetteville.
Resolution 71-07 as Recorded in the office of the City Clerk.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting Minutes
April 17, 2007
Page 3 of 31
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Lucas
seconded the motion. Upon roll call the motion passed 7-0. Alderman Rhoads was absent
during the vote.
UNFINISHED BUSINESS:
ADM 07-2477 (BioBased): A resolution to approve a change in the building elevations and
materials previously approved by the City Council as required in its contract with BioBased
Realty, LLC. This resolution was Tabled at the Manch 20, 2007 City Council meeting to the
April 3, 2007 City Council meeting. This resolution was Tabled at the April 3, 2007 City
Council meeting to the April 17, 2007 City Council meeting.
Alderman Jordan: I went through the neighborhood last week and showed them pictures of
what was being proposed and they did not have a problem with this. I did not feel it was
necessary to have a neighborhood meeting because I had met a lot of the folks door to door.
They seemed to be okay with it and if they are okay with it, I am relatively okay with it.
Alderman Thiel: When the city sold this property our biggest concern was that we were leaving
it industrially zoned and that was a concern of the neighborhood. The owner said that with these
new plans they have omitted the mixing feature and anything that was considered industrial; they
have decided that they probably will not use it there. Are we going to consider at all rezoning
this property to commercial because that is what it sounds like it is going to be used as.
Alderman Jordan: I would not have a problem with that. I agree with Alderman Thiel if you
want to look at that in the future.
Alderman Thiel: What is before us is fine.
Alderman Ferrell: I think they have tried to accommodate some of the concerns that were
voiced early on. I am glad they were able to do that.
Alderman Thiel moved to approve the resolution. Alderman Gray seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 72-07 as Recorded in the office of the City Clerk
Amend Chapter 92 — Animal Ordinance: An ordinance amending Chapter 92, Animals, Code
of Fayetteville, to improve the treatment of animals and ensure the safety of the citizens of
Fayetteville. This ordinance was left on the First Reading at the March 20, 2007 City Council
meeting. This ordinance was left on the Second Reading at the April 3, 2007 City Council
meeting.
i
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
acces sfayettevi l l e.org
City Council Meeting Minutes
April 17,2007
Page 4 of 31
City Attorney Kit Williams read the ordinance. 31
Alderman Thiel: The City Attorney just handed me something tonight to clarify the definitions
of kennel and or pet shop. The City Attorney thinks kennel and pet shop should be separated.
He states kennel should be defined as a structure or facility used for the purpose of breeding two
or more litters of puppies or kittens within any twelve month period. A facility used for
commercially boarding more than three dogs or cats or combination thereof at any time shall be
considered a kennel.
I think this is alright because kennels are only allowed in zones R-A and I-2. By eliminating the
kennel and or pet show definition that we have herein and changing it to this definition, not
mentioning the zoning because of the definition, I suppose that it automatically falls over to the
zoning issue. Although the problem with not mentioning that the zoning is only allowed is
because for several years both Animal Services and the Planning Division had forgotten that
concept. That is one reason we decided we wanted it in the ordinance specifically that these
were only allowed in districts so designated by the zoning codes. I would still like to add that to
the end of a kennel. The definition of a pet shop would now be a commercial establishment or "
facility which regularly sells pets such as dogs, cats, birds, rodents, reptiles and or fish to the
general public. I would also want that a pet shop is only allowed in those districts and we can
designate those districts.
City Attorney Kit Williams: Districts are designated in the memo.
Alderman Thiel: But that needs to be part of the definition. -
City Attorney Kit Williams: Mainly commercial if you look on page 2 you can see that pet
shops are allowed in most commercial districts and by conditional use in R-O.
Alderman Thiel: The reason I think the zoning needs to be in the animal ordinance is because
people that are interested in the animal ordinance then it is easily ascertainable to them. I see
nothing wrong with adding specifically what zones those are allowed in in those definitions.
Mayor Coody: Since these changes have been brought forward just this evening and we are
looking at them for the first time do you want to move and try to read this for the third and final
time tonight or do you want some more time?
Alderman Thiel: It has already been read for the third time.
Mayor Coody: I realize that but I didn't know if you wanted to wait until the next meeting to
actually finalize this and get this approved or if you wanted to go ahead and do that tonight.
Alderman Thiel: Yes I am because all this does is separate it and define it.
Alderman Thiel moved to amend the ordinance to separate kennel and pet shop and add
that kennels are only allowed in R-A and I-2 and pet shops are allowed as right in C-1, C-2,
C-3, Downtown Core, Main Street Center, Downtown General and by Conditional Use in
R-O. Alderman Cook seconded the motion. Upon roll call the motion passed unanimously.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting Minutes
April 17,2007
Page 5 of 31
City Attorney Kit Williams: In my memo I also talk about the definition of hobbyist. The
basic difference between that and what we have now is that a kennel would be defined as
someone that has two or more litters, someone that is regularly having litters not just one a year.
A hobbyist would not only be someone that is affiliated with some national group or a hunter but
would have not more than one litter a year. I think we need some diffarreation between those
two groups. This legislation gives an advantage to a hobbyist by lowering their license fee. I
thought that we needed something that would be pretty clear and easy for Animal Services to be
able to see beyond just the fact "do you have a hunting license or a dog or cat that is registered in
some organization." I could not come up with a short definition. It was a lot more difficult to try
to nail this down without being too restrictive and yet make it as clear as I could. I would ask
that you consider whether you want to do this-or go with the original definition you have that
does not speak to the number of litters that someone might have.
Alderman Thiel read the new hobbyist definition for the public.
I personally think this is probably an improved version of a hobbyist although we compromised
on this with a lot of people. I personally prefer this over the one we had.
Alderman Thiel moved to amend the ordinance to change the definition of hobbyist.
Alderman Lucas seconded the motion.
Emily Williams: On the definition of kennel or pet shop I asked specifically for a clarification
of that over a month ago. I also asked at the last.meeting what that meant and for a clarification
- of the definition. Apparently no one addressed it so that is why it is just now getting to you.
The problem with the definition of a hobbyist as it is in the ordinance now the organizations that
are listed as needing to have a membership in them are actually organizations in which most
individuals don't hold a membership. I think the definition the City Attorney has given is a little
cumbersome and doesn't address that same issue. I typed something up if you are interested in
seeing it. Because the organizations listed are not organizations individuals who hold
memberships in, they are registry organizations primarily, my suggestion was that it be changed
to something along the lines of is a member of a clubs or group affiliated with recognized animal
organizations, animal sports club or hunting groups or holds a license with the Arkansas Game
and Fish Commission, examples of recognized organizations would include but not be limited to
the American°Kennel Club, The United Kennel Club, Cat Fanciers Associated, Therapy Dogs,
Inc., etc. Individuals who are not members of affiliate clubs or groups would be allowed to
register as a hobbyist if they offer proof of entry, participation in events put on by recognized
organizations for dogs or cats. Any hobbyist who breeds more than one litter in a twelve month
period would lose their status as a hobbyist for a period of one year.
The reason I prefer this definition is the intent of being a hobbyist is to compete with your dog,
to participate with your dog and maybe breed a litter for the betterment of that breed if you are
doing a specific breed. I think this definition addresses all those things, differentiates from a
kennel but doesn't make it too difficult to actually do things with your animal and keep them
unaltered if you have to for that sport or what you are doing with them.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting Minutes
April 17, 2007
Page 6 of 31
Alderman Thiel: The only reason we brought up the hobbyist idea was for people that showed
animals and wanted to keep a lineage going. We felt that would justify reducing the rate to $25.
That is all we are doing with the hobbyist definition is reducing the rate if you want to keep your
animal in tact. We felt like if you were a hobbyist and you were raising your animals to show or
you wanted to raise a registered breed per year that you could afford the $75. The hobbyist idea
was a major concession. I feel like what we have here is fine. I do not see that we need to tweak
that any more.
Emily Williams: Because you can't be a member of those organizations that you list. The
original definition was what I was addressing.
Alderman Thiel: We are talking about the amendment.
Emily Williams: I misunderstood you I apologize.
Judy Bond, owner of pure breed dogs: At our last meeting I applauded the way you had it
written. I think it is very important that if you are going to put a better dog on the ground you
need to belong to a professional organization regardless of how many breeds I have. I am
required by each of these organizations to provide certain things when I sell a dog. The way you
have it written is wonderful. We need to put better dogs on the ground. Showing a dog is
expensive. Paying $75 per dog to license is a drop in the bucket and if you are a true show
person you don't think a thing about paying that. Belonging to these organizations keep you up
to date on things that are going on with the breeds and the DNA studies that are being done. If
you are not going to belong to it then you really don't care about your breed. I think we need to
keep it where you have to belong to some organization affiliated with your breed. 3
Jeremy Pate: Is the intent of the definition from a zoning perspective to allow hobbyist activity
within single family residential zones?
Alderman Thiel: No.
City Attorney Kit Williams: That was not my intent on doing that. I was differentiating
between a hobbyist and a kennel. If you are going to say any one that raises any animal must be
in a kennel then certainly that is a decision you can make but that was not what I understood
your difference of what you wanted for the hobbyist and for the kennel.
Alderman Thiel: The hobbyist definition was only so we could have a different rate for un-
sterilized animals. That is why we had a hobbyist definition.
City Attorney Kit Williams: But a hobbyist would not raise in a kennel because a kennel is
two or more litters a year.
Alderman Thiel: That's right. You are tying it together, this didn't.
City Attorney Kit Williams: Jeremy's question was that if someone gets a hobbyist permit
they can't do it in residential single family or any kind of residential zones. I did not think that
was what your intent was.
Alderman Thiel: Is that your question Jeremy?
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting Minutes
April 17,2007
Page 7 of 31
Jeremy Pate: Yes, in a single family residential zone could you be a hobbyist?
Alderman Thiel: Yes.
Jeremy Pate: We often get calls on code compliance request and in working with Animal
Services we go out and try to ascertain whether it is a pet owner with a lot of pets or is there an
actual kennel. This would differentiate a little more clearly if there is one litter per year and we
can ascertain that it would be allowed as long as they had a hobbyist license. That makes that a
lot easier.
Upon rollcall the motion passed 6-2. Alderman Jordan and Lucas voting no.
Delford Taylor, Arrowhead Street: I have lived on this street for over 17 years. During that
time we have called repeatedly to have stray dogs picked up and have something done with them
and nothing has been done. They are still there. The opinion that I got was some people didn't
know we had a problem with cats. I can show you 100 cats tonight running lose. Some of them
are within walking distance of my house. I am opposed to this ordinance the way it is written.
You can't go around the outside of the problem to solve it you have to go to the core of the
problem. The problem has never been addressed about the stray animals we have all over town.
What good is a city ordinance if you can't enforce it or won't enforce it?
Mayor Coody: We do enforce our ordinances. A lot of time when Animal Services is called
1 out to collect a loose dog it is gone before they get there.
Delford Taylor: I have heard that excuse and one of the other excuses I have heard is the
kennel is too full or we don't have enough people. You approved all these other towns to use our
kennel how did you think that was going to work if they are that over crowded?
Mayor Coody: That is a program that we signed on with other cities for many years.
Delford Taylor: One of the other problems that I have is if I keep my dog in the back yard
where it belongs and my neighbor does the same thing what difference does it make if they are
spayed or neutered. We have a city ordinance that says you are to keep your dog on your
property if you do that what difference does it make if they are spayed or neutered.
Mayor Coody: That would be true but a lot of folks don't keep them on their property. I think
that is the problem.
Delford Taylor: These people just turn their dogs out and there is no control of them. We have
stray dogs all over town with no collars and no identification. Arkansas still ranks way up there
in cases of reported rabies every year. What better way is there to spread rabies but to have a
bunch of stray dogs running our neighborhoods?
A ten by ten pen is 100 square feet but a ten foot chain covers 314 square feet. Someone brought
up they saw a dog on a chain with no water what makes you think for a second that dog would be
any better off in a pen than he was on that chain because if the owner neglected him on that chain
he is going to neglect him in that pen. I have a hard time thinking there is any difference between
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
acces sfayettevi Ile.org
City Council Meeting Minutes
April 17, 2007
Page 8 of 31
a thirsty dog in a pen and a thirsty dog on a chain. You are saying one guy neglected his dog so
we are going to make everyone take them off a chain. w
He also voiced his concern about the number of deer in the city.
Jill Hatfield, Animal Services Director: There is a difference in the City of Fayetteville
between the Human Society of the Ozarks and the Fayetteville Animal Services. Fayetteville
Animal -Services is animal control, sheltering and the clinic program. We have a problem with
stray dogs and cats and we are trying to work on that. That is one of the reasons why we are
coming forward with the new proposed ordinance, to try to work on the fact that dogs and cats
need to have collars, tags and identification. That is the whole point to the ordinance of licensing
your animals. We don't have enough officers to patrol everyone's neighborhoods all the time.
We respond on complaints. It is a compliant based response. We have five officers. When we
get a call on a dog or a cat a lot of times they are gone. We ask for help from the community to
contain the dog or cat until we get there. A lot of the issues are I am a responsible owner and my
dog stays in the back yard and never gets out. That may not be the case with your neighbor who
lets the dog or cat out. We try to educate folks. It is unfortunate that we do not have some
mechanism that magnetizes animals to us when we go to catch them. We need help from the
community. This proposed ordinance will help us better identify these dogs and cats. The
reason for spay and neutering is animals get out and those that get out are reproducing. The
shelter is full, it is not from the county or other cities it is Fayetteville animals. We offer
sheltering contracts with cities that do not have a shelter. That helps us to produce revenue to
shelter everyone else's animals and the animals of Fayetteville. When we get complaints about
chaining it is animals that are living on chains and do not have shelter, food or water. We can
ask them to give the animal's food, water and shelter but we can not ask them to take them off
the chain. The chaining situation is breeding un-socialized aggressive animals. Until we address
the chaining issue we are not going to be able to take care of some of those aggressive or
dangerous dogs that are out there that may chew up a child, cat or something else. I am not
saying that chaining is less humane than a pen. A pen is protection from a child wandering into a
yard where an aggressive dog is. It is a safety issue.
Jennifer Shreve: I urge the Council to vote for these changes to the animal ordinance.
Ms. Shrevehanded out photographs of animals. She; also gave a brief history of the Humane
Society of the Ozarks, the prices they charge and the services they offer. She feels their program
and other programs will eventually lead to fewer animals going into the city shelter and fewer
euthanizes:
She stated she feels chaining should be banned in our community due to the safety of citizens
and it is a humane issue for the dog. I would propose a Habitat for Humanity for Dogs. This
would be organizing volunteers and funds to help owners replace the chains with proper
enclosures for dogs. I would like to educate people about what might be a better situation for
dogs. This would help people on limited incomes and people with physical challenges provide
enclosures. I urge the Council to institute.these changes for our city's safety and for the humane
care of its animals.
Joann Southern: I have a cat that I adopted from the shelter and had no idea until a few days
ago that I was a criminal because I did not have my cat on a leash when she was outside.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting Minutes
April 17,2007
Page 9 of 31
She said if cats are dumped are they the home owner's cat that they are dumped at because that
person is feeding and watering them. She asked at what point does it go from kindness to being
responsible for the cat.
I have been turned away from the shelter because it was full. I think we need to rethink the cat
part of the ordinance.
Joe Alexander: I found that about 70% to 80% of the people that I talked to where opposed to
this ordinance. I would ask that the City Council not be in a rush to enact this ordinance but
please give adequate time to consider these suggestions. I don't think people should judge for
the cat what is best for the cat. I think the kindest thing is to let them follow their natural instinct
and live the kind of free live they want to.
Eva Madison: The Humane Society of the Ozarks is a private nonprofit. We do not have a
shelter. There are certainly issues to be addressed with cats but those cat provisions have been
city ordinance for 16 years. I think it is certainly fair that citizens are questioning city ordinance
but I hope that the City Council will not let current ordinance interfere with these important
revisions that are before the Council tonight. With respect to the 10x10 pen and the issue of
chaining, is the 10x10 pen ideal, certainly not. We want dogs to have a lot of space to run. We
would like for them to be inside or be in a fenced yard. The committee that looked at that said
that is not realistic for the City of Fayetteville. We modified the recommendations to go with
10x10 not because it is the best but because it is the easiest for the citizens of Fayetteville to
accomplish based on what is generally available. The cost of a pen is an investment but pets are
an investment and if you are not willing to pay for the costs that goes along with a pet you need
to think about whether to have one or not. A pen is far better than chaining. Dogs on chains
become incredibility aggressive. It is a form of physiological abuse to a dog. With a pen you do
not encounter a child wondering into the yard and with a trolley system the owner is to be
present. I hope the City Council approves the ordinance as proposed by the Ordinance Review
Committee.
Alderman Ferrell: You were in on the recommendations of this ordinance?
Eva Madison: Yes
Alderman Ferrell: Was there a reason when you looked at the existing cat laws that you didn't
recommend revision to that?
Eva Madison: I don't know that we gave the cat provisions a hard look. The committee got
together for other reasons. We were brought together because of concerns about aggressive dog
behavior in the city. I know the Humane Society has really struggled with the city ordinance
because we have people calling us about cat colonies that they want to help and we are not in the
position to advocate violating a city ordinance. It is certainly an issue that I would welcome
discussion on.
Dita, a resident asked the council to approve this ordinance. She voiced her concern about
chaining a dog. She stated chained dogs are 2.8 times more likely to bite. She also stated that
un-sterilized animals often display more behavior problems than those that are altered. She said
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayettevi l le.org
City Council Meeting Minutes
April 17,2007
Page 10 of 31
six out of ten un-neutered male dogs will bite versus two out of ten neutered male dogs. She
stated if people can not afford to spay or neuter their pet perhaps they shouldn't have a pet. She
stated it is a very small amount compared to the cost to house litters from a pet at the shelter.
One day I would like to see the animal shelter be a no kill facility. The only way to do this is to
keep down the pet population. I would like to applaud Fayetteville Animal Services and staff for
what they are doing and all the hard work that they have put into these proposed amendments.
We are the animal shelter in Northwest Arkansas and we need to lead by example and show the
surrounding cities and counties a progressive forward humane thinking that will lead to a
positive outcome in keeping animals safe from abuse, exploitation and homelessness.
Judy Bond: I agree with the no chaining. Dogs are loving animals. She stated she thinks dogs
need to be kept inside. For the safety of our city and our children we need to pass this ordinance.
I have heard that hunting dogs don't hunt if they are spayed or neutered but I have talked to
several trainers and they said that most dogs are spay or neutered that go on the fields. Only
breeding pairs are not spayed or neutered. Service dogs are also spayed or neutered. I encourage
the passage of the ordinance because it will protect our city and our pets.
Carmen Nelson told the Council about animals in Tontitown that she had to attend to due to the
owners not taking care of the dog. In the city if this happens we have an ordinance in place
where officers can rescue animals. She stated the city shelter does a fabulous job on animal
adoption counseling. She stated animals need to be integrated as part of your family.
Nan Lawler voiced her concern on chaining animals. She thinks this ordinance is wonderful
and she is very proud of our animal ordinance. She is also proud of our animal shelter. She
thinks these changes will improve the shelter.
Alderman Thiel: I continue to hear from people concerning the cats and the no kill shelter
possibility. These proposed revisions were brought forward as a way to deal with some of the
dog issues we have in Fayetteville in the most humane way possible. The intention of that
committee was not to make it impossible for someone to own a pet their intention was to help pet
owners be more responsible. I don't believe that this committee believed that the ordinance
would increase the euthanizing rate but just the opposite. The more animals that are sterilized
the less animals will end up in the shelter. I think the people at the animal shelter are very
compassionate and will work very hard to ensure that none of these revisions make it impossible
to own a pet. I think these revisions will ensure that pets are being taken care of humanely for
their sakes and for the safety of citizens who are around those pets. Many of us would like to see
a no kill shelter and find a humane way to deal with the feral cat population. I think that
conversation needs to happen soon in another committee formed specifically with those goals in
mind. I have asked the Mayor to consider that if this ordinance gets passed. It will take time to
figure out what is best for Fayetteville.
I would like to amend Section 92.20 under the animal license and tags at the end of subsection
one, with exceptions for any animal under six months of age the amendment would read if an
actively licensed and practicing veterinarian believes it would be unwise to subject the animal to
the sterilization procedure for medical reasons a medical exception will be granted. In this case
the veterinarian who makes this determination must provide a signed statement which describes
the medical condition that provides grounds for the medical exemption, including his or her
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting Minutes
April 17,2007
Page I I of 31
opinion as to whether the medical condition is temporary or permanent and if the condition is
temporary it includes aprognosis of the date on which the sterilization can be preformed safely.
Alderman Jordan: That just basically means if there is a medical condition they just. . .
Alderman Thiel: That would exempt them.
Alderman Thiel moved to amend the ordinance to add a medical exception. Alderman
Allen seconded the motion. Upon roll call the motion passed unanimously.
Alderman Ferrell: There are a lot of people that spent a lot of time on this ad hoc committee. I
am an animal lover. I think it is a pretty good measure of a person when they are willing to work
to try to get an ordinance that they think is going in the right direction. Unfortunately this one
kind of headed south for me in certain areas.
I think Mr. Gibson asked some pretty good questions and drew some pretty good conclusions
that deal with common sense. This ordinance in my opinion if implemented would require a
significant investment in man power if it was going to be enforced the way the amendments and
every thing require. There are some good parts and I think there was some good intent in this but
as written I will not be able to support it.
Alderman Allen: How much additional man power are we talking about in order to be able to
enforce this ordinance?
Alderman Thiel: I think Animal Services has indicated and I have indicated during our last
budget discussion that we definitely need to improve our rate of having animals licensed. Any
city with the population that we have requires animals to be licensed. This is not something new.
Alderman Ferrell: Just 3% of them are licensed.
Alderman Thiel: And that is an issue regardless of the $60.00 increase over what is charged
now for intact animals. We need to do a better job. I mentioned at the last budget meeting based
on our current level if we had another officer that was pretty much dedicated to making sure _
most animals were in compliance, it would more than pay for that position and a vehicle. I think
it is very important that people are in compliance because then the animals that are out there we
know they are vaccinated and we know they are being taken care of properly and they are a less
danger to the citizens. I think it is critical that animals that live in the City of Fayetteville are
licensed.
Alderman Ferrell: I don't believe it is going to end up being one person. Who is going to
check that they are having one litter per year, who regulates that?
All Hatfield: The Animal Control officers with the day to day operations of Animal Services
and knowing our neighborhoods and our community, there's not a substantial amount of breeders
in our city, definitely in the county but the city does not have a large percentage of anyone who
breeds or competes or has a large number of hunting dogs that the hobbyist permit is going to
affect. I don't see a huge amount of man power going to patrolling or enforcing the hobbyist
permit.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayettevil le.org
City Council Meeting Minutes _..
April 17,2007
Page 12 of 31
Alderman Ferrell: There are not as many people now.
Alderman Thiel: The purpose for increasing the fee for intact animals was to reduce the over
all population of animals in this city. Jill has proven the potential cost saving projections of
reducing the population that we have that comes into the shelter. I could almost assure you that
if we had another officer and we enforced and made a difference through enforcement and get
more people to get their animals spayed and neutered it would in the long run reduce the overall
cost to the city to run this shelter. Now bear in mind our population is increasing too.
Jill Hatfield: Tacoma, Washington has a low cost spay and neuter program like we do they
reduced their population in one year by 20,000 animals. We are smaller we take in an average of
5,000 animals a year. Once we started this low cost spay and neuter program in 2003 we saw a
reduction by about 500 animals by 2005. That saved us about $12,000. The cycle that we are on
and that we will continue to be on will be to shelter and euthanize. I think what we tried to do
was to be as humane as we can in this situation but still make everyone happy those people who
love animals and want to be responsible owners and those people who do not want strays and
want us to pick them up and get them out of sight. That's what we have tried to do. It is a
difficult task to try and make everyone happy.
Alderman Jordan: Mr. Taylor brought up some really good points tonight. I have lived in that
neighborhood for over 30 years. When I first moved into that neighborhood we did not have any
dog laws. The dogs would run in packs. We tightened it up and it got better. Unfortunately I
think in the area that we live in we are having problems. I will probably support this tonight but
I want to see an improvement. If I don't see an improvement I will bring this back to the
Council myself because we have a problem on the south end of town and it has to be addressed.
I call in two or three dogs a week. Brenda, I think you brought up some very good points tonight
and as they say you don't know if it will work unless you try it.
Mayor Coody: I think all of us want to see improvement or this ordinance would not be in front
of us. We have dog problems all over town, there is no doubt about that we just don't have
enough folks to go catch them all. If we did we wouldn't be sitting here arguing about this.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Alderman Ferrell voting no.
Ordinance 5002 as Recorded in the Office of the City Clerk.
Amend Chapter 177, Landscape Regulations: An ordinance amending Chapter 177,
Landscape Regulations, of the Unified Development Code to require minimum eight-foot wide
sidewalks when utilized in conjunction with Urban Tree Wells. This ordinance was left on the
Second Reading at the April 3, 2007 City Council meeting.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman
Lucas was absent during the vote.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting Minutes
April 17, 2007
City Attorney Kit Williams read the ordinance. Page 13 of 31
Jeremy Pate: This item went before the Sidewalk and Trails Committee and I believe it was
received favorably. I did not hear any concerns about this request.
Alderman Cook thanked Jeremy for coming to the Sidewalk and Trails Committee. As usual
our concerns are pedestrian access and making sure pedestrians have full right of way. This is a
minor change that deals with the already developed urban part of the city, some of the newer
development. This will be a minimum standard most likely we will see larger than this. Overall
I think it is a fair change.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 5-0.
Alderman Thiel, Allen and Lucas were absent during the vote.
Ordinance 5003 as Recorded in the Office of the City Clerk.
The following item was added to the agenda.
Mayor Coody: Missy with our HR Department asked to get this on the agenda. This is
concerning the continuation of medical insurance for permanently disabled employees who
otherwise would lose access to medical care while waiting approval of long term disability
insurance or social security disability.
9
Alderman Cook moved to add the following item to the agenda. Alderman Jordan
seconded the motion. Upon roll call the motion passed 6-0. Alderman Thiel and Ferrell
were absent during the vote.
Medical Insurance Temporary Continuation for Permanently Disabled Employees: A
resolution authorizing the temporary continuation of medical insurance for permanently disabled
employees who would otherwise lose access to medical care while awaiting approval of the
Long-Term Disability Insurance or Social Security Disability Benefits.
Missy Leflar, Human Resource Division Manager: Thank you for having me here this
evening. This is a benefit we would like to add to our benefit package that will not need to be
utilized except in rare circumstances. When it is utilized it will be utilized for someone who is
permanently disabled and in dire need. We have worked in some stringent requirements where it
would only apply to employees who through illness, injury, disease or other events have become
permanently disabled and are still awaiting receipt of their long term disability benefits or social
security disability benefits and due to circumstances beyond their control would lose their access
to medical care and prescriptions. The city would provide access to that by way of paying the
employees part of the medical premium for them until the employee is approved for social
security disability benefits or long term disability benefits, which ever comes first. There is a
built in cap on it in the unlikely event the employee would be denied both then at some point
when they had exhausted their administrative appeals the benefit would stop and they would be
offered coverage. That is just so the city would not be in avertedly put in a position of offering
free medical benefits for life time. It is intended to make sure that somebody does not lose their
access to medical care. We presently have an employee in this situation and payroll asked me
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
City Council Meeting Minutes
April 17,2007
Page 14 of 31
for a policy. I met with payroll and HR and we came up with this formula. It was very carefully
thought out. By our guesstimate it will be utilized once every ten years but when it is needed it
could be the difference between somebody having access to medical care in those months while
awaiting receipt of their long term disability benefits. Since the city is so good about offering a
competitive benefits package to its employees which has reduced our turn over we would like to
add this one benefit.
Mayor Coody: Thank you for bringing this forward Missy, we appreciate it very much.
Alderman Rhoads: Historically it happens once every ten years or so or there about?
Missy Leflar: It has happened by institutional memory twice ever.
Alderman Rhoads: When it happens it is the maximum of about $4,600 cost?
Missy Leflar: That would be a worse care scenario, $4,600 over a twelve month period.
Alderman Jordan: I have seen that happen to an employee once before and what occurred was
they can no longer work but the decision hasn't been made that they would be disabled so all the
medical expenses fell on them. It was devastating to them and their family. I am fully
supportive of this. It is really the right thing to do.
Alderman Cook moved to approve the resolution. Alderman Jordan seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 73-07 as Recorded in the office of the City Clerk. /
NEW BUSINESS:
Fayetteville Municipal Property Owners' Improvement District No. 19 - Oakbrooke: An
ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District
No. 19 Oakbrooke Subdivision Infrastructure Project.
City Attorney Kit Williams: Mayor the petitioner has requested that this be pulled. We can't
really pull it but we can indefinitely table it. I would recommend before we read it that we
indefinitely table it.
Alderman Jordan moved to table the ordinance indefinitely. Alderman Ferrell seconded
the motion. Upon roll call the motion passed unanimously.
This ordinance was Tabled indefinitely.
Mount Sequoyah Methodist Assembly Center — Waive of Building Permit Fees: An
ordinance to waive the building permit fees for the remodeling of a building owned by the
nonprofit Mount Sequoyah Methodist Assembly Center.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org