Loading...
HomeMy WebLinkAbout2009-01-20 - Agendas - Final Aldermen Mayor Lioneld JordanC Ward 1 Position 1—Adella Gray �j T� Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams �YJ Ward 2 Position 1 —Kyle B.Cook 'OrayeWard 2 Position 2—Matthew Petty City Clerk Sondra Smith ARKANSAS Ward 3 Position l—Robert K.Rhoads Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting January 20, 2009 A meeting of the Fayetteville City Council will be held on January 20, 2009 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 Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: State of the City Address Agenda Additions: A. Consent: 1. Approval of the January 6, 2009 City Council meeting minutes. APPROVED. 2. Bid # 09-01, Farmington Gravity Sewer Line: A resolution approving a cost-share with the City of Farmington to contract with Gamey Companies, Inc. in the amount of $328,402.58 for the construction of the Farmington Gravity Sewer Line, WSIP Subproject WL-10a, Bid # 09-01; and approving a 10% contingency in the amount of $33,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 09-09. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Graffiti Removal Fund: A resolution to approve a budget adjustment in the amount of $150.00 for a charitable gift from Tom Overbey for graffiti removal fund. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 10-09. 4. Police Officer Service Awards: A resolution to approve a budget adjustment in the amount of$4,880.00 to reflect the donations of several Fayetteville businesses or citizens in support of police officer service awards. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 11-09. 5. Grooming And Uniform Requirements and Specifications Policy: A resolution approving and adopting Policy No. 41.3.5 "Grooming and Uniform Requirements and Specifications" to the Fayetteville Police Department's Policies, Procedures & Rules Manual. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 12-09. 6. Mutual Aid Police Protection Agreement: A resolution to approve a mutual aid police protection agreement with Fort Smith. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 13-09. 7. Garver Engineers, LLC Contract Amendment No. 2: A resolution approving Amendment No. 2 to the contract with Garver Engineers, LLC in an amount not to exceed $217,587.00 for construction phase services for Mount Comfort Road Improvements from I-540 to Alpine Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 14-09. 8. Mount Comfort Road Improvements Project Settlement in the Amount of $350,000.00 and Conveyance of .64 Acres of City Land: A resolution approving a settlement with Robert D. Nelms and Millie S. Nelms for acquisition of street right-of- way and permanent utility and temporary construction easements in association with the Mount Comfort Road Improvements Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 15-09. 9. Cannon USA: A resolution approving the purchase of three (3) replacement copiers from Cannon USA through the state copier contract in the amount of$53,968.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 16-09. B. Unfinished Business: 1. Park West, LLC Cost Share: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Park West, LLC in the amount of$2,157,000.00 for the upgrade of the future location of Highway 112 through Phase 1 of the Park West Development from two lanes to a four-lane boulevard. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org (This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. This ordinance was left on the Second Reading at the December 16, 2008 City Council meeting.) This ordinance was left on the Third Reading at the January 6, 2009 City Council meeting and tabled to the January 20,2009 City Council Meeting. THIS ITEM FAILED. C. New Business: 1. Arkansas Democrat-Gazette Agreement: A resolution approving agreements with the Arkansas Democrat-Gazette—Northwest Edition for display and legal advertising. THIS ITEM WAS TABLED TO THE FEBRUARY 3, 2009 CITY COUNCIL MEETING. 2. Amend Chapter 31, Vacation and Sick Leave: An ordinance to Amend Chapter 31 City Officials to codify the policy that a full time elected official shall designate at the beginning of the term of office whether or not to be treated as an ordinary city employee for vacation and sick leave purposes. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5212. 3. Amend Chapter 31, Mayor and City Attorney Salary Rollback: An ordinance to roll back the salary of the Mayor and City Attorney to the previous year's level. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5213. 4. Amend Chapter 31, Elected City Officials' Compensation Freeze: An ordinance to amend Chapter 31: City Officials by repealing § 31.17 (D) and enacting a new § 31.46 Freezing Elected City Officials' Compensation If In Excess Of$80,000. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5214. 5. Amend Chapter 166, Development: An ordinance to amend § 166.03 Required On-Site Improvements-Subdivisions In City Limits and § 166.05 Large Scale Development of the Unified Development Code by adding infrastructure improvements where the need for such improvement is caused by the proposed subdivision. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5215. Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 8:35 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: Jain..ary 20, 2009 Adjourn: r ✓ p Subject: Roll Ferrell Lucas ✓ Lewis �✓ Gray OJGQf AA- Thiel Cook ✓ Petty Rhoads ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Lucas Lewis Gray Thiel Cook Petty Rhoads Mayor Jordan City Council Meeting: Jai.-Ary 20, 2009 Subject: Consent Motion To: Motion By: Seconded: Ferrell Lucas �✓' Lewis Gray Thiel n Cook Petty Rhoads C� / Mayor Jordan r� Subject: Motion To: Motion By: Seconded: Ferrell Lucas Lewis Gray Thiel Cook Petty Rhoads Mayor Jordan City Council Meeting: Jai..;ary 20, 2009 Subject: Park West, LLC Cost Share Motion To: 4A Ecd Motion By: - J" Seconded: B. 1 Ferrell Unfinished Lucas /v© Business Lewis /V O Gray CC Thiel L� Cook Petty Rhoads Mayor Jordan t'aSubject: Motion To: Motion By: Seconded: Ferrell Lucas Lewis Gray Thiel Cook Petty Rhoads Mayor Jordan City Council Meeting: Jai...ary 20, 2009 Subject: Arkansas Democrat-Gazette Agreement Motion To: A JJ4 00 Motion By: Seconded: CA Ferrell New Lucas Business Lewis Gray Thiel � Cook Petty Q.g. � Rhoads 00 9 Mayor Jordan Subject: Amend Chapter 31, Vacation and Sick Leave Motion To: � Motion By: ©� Seconded: _ ( t(,e,4 s C. 2 Ferrell New Lucas ✓ ✓ ✓ Business Lewis 1/ Gray Thiel Cook ,/ ,/ ✓„ Petty ,/' ✓ �/ Rhoads ✓� ;/' tf aMayor Jordan City Council Meeting: Jai. Ary 20, 2009 Subject: Amend Chapter 31, Mayor and City Attorney Salary Rollback Motion To: bj Motion By: CZ0 Seconded: ' C. 3 Ferrell New Lucas ✓ ✓ Business Lewis ✓ &0� Gray Q,b Thiel ✓ 7 Cook Petty Rhoads Mayor Jordan Subject: Amend Chapter 31, Elected City Officials' Compensation Freeze Motion To: 4nd .DZe 3,,� &J Motion By: - J �- Seconded: lL n amu) C. 4 Ferrell 1/ 1✓ New Lucas Business Lewis l✓ �/ ✓ Gray Thiel ✓ ✓ v- ✓ ✓� Cook �/" ✓ Petty !✓ ✓ ✓ ✓� Rhoads ✓ 4 Mayor Jordan City Council Meeting: Jai. Ary 20, 2009 Subject: Amend Chapter 166, Development Motion To: og�d 4 Motion By: ✓�� �G Seconded: ,e C. 5 Ferrell �✓. (/ New Lucas ✓ �/ Business Lewis ✓ 1/ ✓l Gray . Thiel Cook ✓ ✓ �,/ Petty ✓ Lf ✓. Rhoads ✓� c/ Mayor Jordan Subject: Motion To: Motion By: Seconded: Ferrell Lucas Lewis Gray Thiel Cook Petty Rhoads Mayor Jordan Aldermen Mayor Lioneld JordanC Ward 1 Position 1—Adella Gray �j T� Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams �YJ Ward 2 Position 1 —Kyle B.Cook 'OrayeWard 2 Position 2—Matthew Petty City Clerk Sondra Smith ARKANSAS Ward 3 Position l—Robert K.Rhoads Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting January 20, 2009 A meeting of the Fayetteville City Council will be held on January 20, 2009 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 State of the City Address Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: State of the City Address Agenda Additions: A. Consent: 1. Approval of the January 6, 2009 City Council meeting minutes. 2. Bid # 09-01, Farmington Gravity Sewer Line: A resolution approving a cost-share with the City of Farmington to contract with Gamey Companies, Inc. in the amount of $328,402.58 for the construction of the Farmington Gravity Sewer Line, WSIP Subproject WL-10a, Bid # 09-01; and approving a 10% contingency in the amount of $33,000.00. 3. Graffiti Removal Fund: A resolution to approve a budget adjustment in the amount of $150.00 for a charitable gift from Tom Overbey for graffiti removal fund. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. Police Officer Service Awards: A resolution to approve a budget adjustment in the amount of$4,880.00 to reflect the donations of several Fayetteville businesses or citizens in support of police officer service awards. 5. Grooming And Uniform Requirements and Specifications Policy: A resolution approving and adopting Policy No. 41.3.5 "Grooming and Uniform Requirements and Specifications" to the Fayetteville Police Department's Policies, Procedures & Rules Manual. 6. Mutual Aid Police Protection Agreement: A resolution to approve a mutual aid police protection agreement with Fort Smith. 7. Garver Engineers, LLC Contract Amendment No. 2: A resolution approving Amendment No. 2 to the contract with Garver Engineers, LLC in an amount not to exceed $217,587.00 for construction phase services for Mount Comfort Road Improvements from I-540 to Alpine Avenue. 8. Mount Comfort Road Improvements Project Settlement in the Amount of $350,000.00 and Conveyance of .64 Acres of City Land: A resolution approving a settlement with Robert D. Nelms and Millie S. Nelms for acquisition of street right-of- way and permanent utility and temporary construction easements in association with the Mount Comfort Road Improvements Project. 9. Cannon USA: A resolution approving the purchase of three (3) replacement copiers from Cannon USA through the state copier contract in the amount of$53,968.00. B. Unfinished Business: 1. Park West, LLC Cost Share: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with Park West, LLC in the amount of$2,157,000.00 for the upgrade of the future location of Highway 112 through Phase 1 of the Park West Development from two lanes to a four-lane boulevard. (This ordinance was left on the First Reading at the December 2, 2008 City Council meeting. This ordinance was left on the Second Reading at the December 16, 2008 City Council meeting.) This ordinance was left on the Third Reading at the January 6, 2009 City Council meeting and tabled to the January 20, 2009 City Council Meeting. C. New Business: 1. Arkansas Democrat-Gazette Agreement: A resolution approving agreements with the Arkansas Democrat-Gazette—Northwest Edition for display and legal advertising. 2. Amend Chapter 31, Vacation and Sick Leave: An ordinance to Amend Chapter 31 City Officials to codify the policy that a full time elected official shall designate at the beginning of the term of office whether or not to be treated as an ordinary city employee for vacation and sick leave purposes. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Amend Chapter 31, Mayor and City Attorney Salary Rollback: An ordinance to roll back the salary of the Mayor and City Attorney to the previous year's level. 4. Amend Chapter 31, Elected City Officials' Compensation Freeze: An ordinance to amend Chapter 31: City Officials by repealing § 31.17 (D) and enacting a new § 31.46 Freezing Elected City Officials' Compensation If In Excess Of$80,000. 5. Amend Chapter 166, Development: An ordinance to amend § 166.03 Required On-Site Improvements-Subdivisions In City Limits and § 166.05 Large Scale Development of the Unified Development Code by adding infrastructure improvements where the need for such improvement is caused by the proposed subdivision. Announcements: 1. City Council Tour: None Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. Ifyou wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cellphones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org A.4 Fayetteville Police 'fmliff Service Awards I � 100-F ,AR 7 f ck 01 Tay�e Fayetteville, Telephone: (479)68 587-355-355 5 ARKANSAS Fax: (479)587-3563 Departmental Correspondence To: Mayor Lioneld Jordan and Members of the City Council Thru: Greg Tabor, Police Chief Judy Cohea, Support Services Manager From: Willie Newman, Financial Coordinator Date: December 19, 2008 Re: Fayetteville Police Department Donations Background Periodically,businesses and/or citizens of Fayetteville will make monetary donations to the Police Department to enhance our services or to recognize our personnel. Discussion In December 2008,the Police Department received several checks totaling $4,880.00 from various businesses to recognize and support our officer service awards program. The checks were deposited into the City's General Fund and will be tracked through the City's Project Accounting System to insure that the donors intended purpose is met. Recommendation Staff recommends acceptance of these donations to the Fayetteville Police Department in the total amount of$4,880.00 and approval of their intended purposes. If you should have any comments or questions regarding these donations acceptance,please contact me at extension 579. Budget Impact None A.4 Police Officer service Awards Page 2 of 4 RESOLUTION NO. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $4,880.00 TO REFLECT THE DONATIONS OF SEVERAL FAYETTEVILLE BUSINESSES OR CITIZENS IN SUPPORT OF POLICE OFFICER SERVICE AWARDS WHEREAS, the Fayetteville Police Department provides annual service awards to police officers from funds donated by local individuals, groups and businesses; and WHEREAS, donations have been received from the following individuals, groups and businesses: Individual, Group or Business Amount Shelton Tucker Craft American Legion Post#27 $ 250.00 John H. Ogden 100.00 Executive Square, Inc. 100.00 Smith Two-Way Radio, Inc. 100.00 The Eye Center 50.00 Brewski's, Inc. 50.00 First Federal Bank of Arkansas 50.00 Arvest Bank Operations, Inc. 250.00 Jordon and Associates 400.00 Longer Investments, Inc. 250.00 Andy & Shirley Lucas 125.00 Carl Owens, C.P.A. 30.00 Condom Sense 50.00 Jim Phillips of County Line Liquor 250.00 Dr. C.R. Magness of Dickson Street Clinic 100.00 Dr. Glen Fincher 100.00 Dr. John B. Weiss 100.00 Dr. Kathleen W. Paulson 50.00 George's Majestic Lounge 100.00 Greenland Wrecker 100.00 King's Floor Covering, Inc. 25.00 McBride Distributing Company 250.00 Moore's Chapel 100.00 Neal R. Pendergraft, Attorney 100.00 North Hills Surgery Center 100.00 Premium Brands 100.00 Service Supply Company, Inc. 100.00 Tyson Foods 1,000.00 TOTAL $4,880.00 A.4 Police Officer service Awards Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $4,880.00 to reflect the donations of several Fayetteville businesses, groups and citizens in support of police officer service awards. PASSED and APPROVED this 201h day of January, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.4 City of Fayetteville,Arkansas Police Officer Service Awards Budget Adjustment Form Page 4 of Budget Year Department: Police Date Requested Adjustment Number Division: Police 1/6/2009 2009 PrograProgram:g : Police/Animal Projects I -L Project or Item Addedllncreased: Project or Item Deleted/Reduced: Employee Recognition None Justification of this Increase: Justification of this Decrease: Recognize various donations made to the Fayetteville None Police Department in support of our officer service award program. Increase Budget Account Name Account Number Amount Project Number Employee Recognition 1010 2920 5329 00 4,880 03044 6 Decrease Budget Account Name Account Number Amount Project Number Donations-Police Department 1010 0001 4808 02 4,880 03044 6 Approval Signatures Budget&Research Use Only � Type: A B C fD J E Reqs ted By Date General Ledger Date Blidget Director Date Approval Date Department Director Date Initial Date Posted to General Ledger Finance Director .Date Initial Date Posted to Project Accounting Mayor Date Initial Date A.9 Cannon USA Page 1 of RESOLUTION NO. A RESOLUTION APPROVING THE PURCHASE OF THREE (3) REPLACEMENT COPIERS FROM CANON USA THROUGH THE STATE COPIER CONTRACT IN THE AMOUNT OF $53,968.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of three (3) replacement copiers from Canon USA through the State Copier Contract in the amount of$53,968.00. PASSED and APPROVED this 2011, day of January, 2009. APPROVED: ATTEST: By: By; LIONELD JORDAN,Mayor SONDRA E. SMITH,City Clerk/Treasurer A.9 Cannon USA Page 2 of 2 Tayeevi le ARKANSAS Partners in Progress Mayor Lioneld Jordan January 20, 2009 I am privileged to serve as Mayor of our wonderful city, and I am humbled by the responsibility that the people have entrusted to me. I am honored to be your servant, and I will work every day to make our community better for every citizen. That is my solemn pledge to you. Thanks to the vision of Mayor Dan Coody, the dedicated effort of our fine Aldermen, the hard work of our outstanding city employees, and the contributions of many individual residents who share our civic concerns, I am pleased to report to the City Council and to my fellow citizens that the State of our City is sound. We begin the year with a balanced city budget, solid progress on improving our infrastructure, dedicated police officers and fire fighters who 1 assure our safety, and a commitment to institutional and individual partnerships to nurture and sustain the things we love about this great community. We also begin the year facing many new challenges and we must be prepared to face those together with resolve. We are not immune from the problems of a faltering national economy, and we must anticipate and be prepared for the consequences of any revenue shortfall. We must be responsible stewards of our tax dollars, and we must maintain essential city services for our citizens. Toward that end, I have already begun to identify potential cost savings and have implemented a more effective management structure to improve efficiency and control costs. Our staff already has offered many good solutions, and we will institute an ongoing, frequent, consistent review of cost/benefit analysis of operations and projects to assure the services and quality of life that our citizens expect and deserve. I believe in leadership by example, and I have proposed to cut the mayor's salary and roll it back to last year's level. I have signed an affidavit that I will not avail myself of the special lifetime retirement plan funded from general revenues. I have asked to return the $5,000 annual car allowance formerly paid to the mayor and instead, to use a vehicle from the 2 city fleet when necessary to travel on city business. We have already achieved some savings in the salaries of top staff, and I will continue to look for savings in all areas of city operations. My staff and I are partners in this effort. Even in uncertain economic times, we must be bold in our efforts to develop and implement a strategic economic development plan for our city. Not only can this lead to increased revenues without a tax increase, but more importantly, it can help assure green jobs, good jobs that pay a living wage, allowing individuals and working families to have the basic necessities and a better life. We already know that we need greater efficiency in the development approval process, a workforce trained for the jobs of the future, and better methods to accurately measure the results of our efforts. We can draw on the suggestions of recent studies and the work of my outstanding Transition Team to craft a plan that is consistent with Governor Mike Beebe's long-term strategic plan to help achieve economic improvement for our state through collaboration and cooperation. To that end, know that I am serious, and within six weeks I will host a Community Summit on the Future of Fayetteville that will be open to every citizen and I will consider all views in forging our own economic and 3 community development strategy. We must have the participation of the business community and advocates for working families, students and retirees, public institutions and private citizens, as partners in our shared progress. We will have, within 90 days, an economic and community development strategy that considers support for existing small businesses as well as nurturing new opportunities, and together we will work to make it a reality. A slow national economy is no excuse for inaction but an opportunity for us to move quickly and prepare now for our shared future. My first and immediate goal will be to do everything possible to secure and support the establishment of a Satellite Campus of the University of Arkansas Medical School and a Regional Trauma Center in Fayetteville. In the longer view, we should also develop a close relationship with Arkansas Children's Hospital and seek a regional presence for that institution. This commitment clearly illustrates the close connection between economic development and our quality of life. The University of Arkansas is a priceless resource, and it is one that helps define Fayetteville. We must be active partners in progress with the University, drawing on the vast local resources of knowledge and expertise as we grow together and achieve our mutual goals. From the development of 4 knowledge-based industry, to community design plans, to solving social service needs, to collaborating on support for a vibrant arts culture, the possibilities are limitless. I will actively reach out and pursue this partnership. The economic, environmental, and cultural aspects of Fayetteville's advancement are deeply interconnected. For example, any consideration of transportation policy must consider getting to work, moving goods, access to cultural resources, and environmental impact, requiring an integrated and connected system of streets, mass transit, multi-use trails, bike lanes, sidewalks, and parking, along with a revised transportation impact fee to help growth pay for itself. We will pursue the development of each of these elements, and we will urge the Regional Mobility Authority to support a feasibility study and planning for a future light rail system. As we consider infrastructure development, we must seize the same opportunities. My administration will go beyond the current recycling program to implementation of a comprehensive waste minimization program for our entire community. We are pursuing the idea of solar greenhouses to kill pathogens and reduce the volume of bio-solids now going to landfills. We are investigating an effective Hillside Development Ordinance and a 5 storm water utility to better control the primary transmitter of pollutants into our water supply, and we will implement and enforce a better plan for the protection of riparian zones. We will be active partners with the "Green Infrastructure" project being developed with the help of the Fayetteville Natural Heritage Association, Arkansas Forestry Commission, the city's Urban Forestry program, the Tree and Landscape Committee, and citizen volunteers. Our ongoing city sustainability efforts can also be expanded and shared to benefit the entire community, evidenced by our new initiative to provide and exchange CFL light bulbs in the apartments at Hillcrest Towers. In each instance, we will be partners in progress. One major change that will be implemented is a reorganization of our Parks and Recreation Department. While much attention in the past has been focused on sports playing fields, we know that our outdoor public spaces can serve other essential functions. I will propose a new division, to be implemented without additional costs, that emphasizes our community heritage and citizen participation. Examples to be considered will be increasing the number of way-finding signs and local historical markers, planting of native trees and grasses in portions of the parks, establishing a community garden program in appropriate neighborhood parks, opening a convenient dog park, and partnering with the University, the County, the 6 Fayetteville School District, the Washington County Historical Society, and private citizens to identify, preserve, and promote our historic buildings and other cultural resources. In conjunction with these changes, I will appoint a volunteer citizen task force on Festivals and Community Events to seek a closer partnership with the Convention and Visitors Bureau to identify needs and opportunities, and we will promote the "creative economy" in Fayetteville by developing a comprehensive Cultural Plan, in partnership with the Fayetteville Arts Council, the University, local artists, entertainment businesses, and concerned local citizens. Finally, I want to reiterate and make clear my unwavering commitment to Open Government. This administration is dedicated to access, transparency, inclusion, timely responses, personal recognition, and exceptional customer service for our citizens, and we will be held accountable to those we serve. From Town Hall Meetings to an improved interactive city website to information on civic literacy to empowered Neighborhood Associations, we are preparing to implement real changes to better provide information to our citizens and, more importantly, to seek and consider ways for citizens to communicate their ideas, arguments, suggestions, and problems to their city government. My Transition Team has listened to your ideas and has made a series of steps we will be 7 implementing to assure an effective community conversation. We must be partners in the progress of our community, and every citizen must have a voice and be treated with the respect and dignity that they deserve. You have heard my ideas, I now ask our City Council to help me work toward these goals and I look forward to hearing their input and the input of citizens, especially how I can be a better mayor and do a better job for our city. Thank you for your patience in listening as I share my plans and thank you for the opportunity to serve you and our city. 8 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS, CITY ATTORNEY Liz DAVID WHITAKER,ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council Don Marr, Chief of Staff Ron Petrie, City Engineer Jeremy Pate, Director of Current Planning FROM: Kit Williams, City Attorney DATE: January 20, 2009 RE: Nelms Letter Agreement I have been informed by Jeremy Pate who is officially empowered to interpret the Tree Ordinance that we can agree to Mr. Nelms' request "that the fence row trees as shown on the attached exhibit be allowed to be removed in the future without penalty and without required mitigation," if the City agrees to pay for or plant any tree mitigation that would normally be required by the Tree Ordinance. As the official interpreter of the Tree Ordinance, Mr. Pate's interpretation is final on the issue. Therefore, with the understanding that the City of Fayetteville may (or may not) have to pay for or plant sufficient mitigation trees pursuant to the Tree Ordinance when Mr. Nelms decides to develop his property and remove these fence row trees, I yield to Mr. Pate's decision that no other express power is needed in the Unified Development Code to approve the proposed agreement. Obviously, I do not propose any change in the Tree Ordinance to address this sort of situation. 1! A E f xE r 9N K/•.'w. Mul h r r I ki y F �j• -Y, I _ 5 ��b¢1 .5>1, fe .� wa z Oz !! i N I • •' � I I � I i I i � � I � I i \ ------------- ._-- ------------ IWO I li:l j N a. - - _ _ _ - - - - -- - - - - Garland - - ---I i i C i i a j i