HomeMy WebLinkAbout2015-04-21 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant
Ward 1 Position I Ward 3 Position I
e �-
Alderman Sarah Marsh u. Alderman Martin W. Schoppmeyer,Jr.
Ward I Position 2 Ward 3 Position 2
Alderman Mark Kinion Alderman John La Tour
Ward 2 Position l Ward 4 Position l
Alderman Matthew Petty Alderman Alan T.Long
Ward 2 Position 2 Ward 4 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
April 21, 2015
A meeting of the Fayetteville City Council was held on April 21, 2015 at 5:30 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
Agenda Additions
A. Consent
1. Approval of the April 7, 2015 City Council meeting minutes. APPROVED
2. 2014 Animal Services for the Fourth Quarter Donation Revenue: A resolution to
approve a budget adjustment in the amount of$15,225.00 representing donation revenue
to Animal Services for the fourth quarter of 2014.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 82-15
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
3. Bid #15-21 Frost Oil Company: A resolution to award Bid #15-21 and authorize the
purchase of bulk oils and lubricants from Frost Oil Company of Van Buren in variable
amounts and for varying unit prices as needed for a term of one year from the date of award
with the option to renew for four additional one year terms.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 83-15
4. Bid #15-26 Cruse Uniforms & Equipment, Inc.: A resolution to award Bid#15-26 and
authorize a one year contract with Cruse Uniforms & Equipment, Inc. in the amount of
$15,387.60, with four consecutive one year renewal options, for the purchase of uniforms
for the Fayetteville Fire Department.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-15
5. Amend Resolution No. 162-10 Lierly Lane Subdivision: A resolution to amend
Resolution No. 162-10 to revise the site plan for the remainder of the Lierly Lane
Subdivision by reducing the number of single family lots to ten and by reconfiguring the
public access location to the natural park area.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-15
6. Casco Industries.: A resolution to authorize a contract with Casco Industries, Inc. for the
purchase of variable amounts of replacement bunker gear for the Fayetteville Fire
Department for the unit prices of$1,165.00 for structural firefighting personal protective
coats and$815.00 for structural firefighting personal protective pants on an as needed basis
through March 9, 2018, pursuant to a cooperative bid process through the City of
Springdale.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-15
7. Electra Link,Inc.: A resolution to approve a contract with Electra Link,Inc. through RFP
13-11 for the purchase and installation of an access control system for City Hall and
Development Services in the total amount of$69,634.30, to authorize a ten percent(10%)
project contingency in the amount of$6,963.43, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-15
8. Garver,LLC Professional Engineering Services Agreement: A resolution to authorize
a professional engineering services agreement with Garver, LLC for on-call engineering
services for the airport in an amount not to exceed $20,000.00, and to approve a budget
adjustment.
THIS RESOLUTION WAS REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.
89-15
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov
9. University of Arkansas Memorandum of Understanding: A resolution to approve a
Memorandum of Understanding with the University of Arkansas for placement of a
University owned gas service line within the City of Fayetteville right of way.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-15
B. Unfinished Business
1. 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. This
ordinance was left on the First Reading at the April 7, 2015 City Council meeting.
THIS ORDINANCE WAS LEFT ON THE SECOND READING
2. 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. This ordinance was
left on the First Reading at the April 7, 2015 City Council meeting.
THIS ORDINANCE WAS LEFT ON THE SECOND READING
C. Public Hearing
1. Park Lake Apartments Acquisition and Renovation: A resolution to approve the
issuance of not to exceed $50,000,000.00 of the Public Finance Authority Revenue Bonds
to finance or refinance certain costs of various projects, including the acquisition and
renovation of the 91-unit Park Lake Apartments located at 1753 E. Zion road, on behalf of
American Agape Foundation, Inc. of San Antonio, Texas.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 90-15
D. New Business
1. VAC 15-4986 (2991 Labordite Drive/Crystal Springs Subdivision): An ordinance
approving VAC 15-4986 submitted by Riverwood Homes, LLC for properties located at
2991 Labordite to vacate portions of an existing utility easement.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5763
Announcements
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov
City Council Agenda Session Presentations
City Council Tour
Adjournment: 6:12 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov
City Council Meeting: April 21,2015 Adjourn:
Subject: Roll
Kinion
Petty
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} Schoppmeyer
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F' Long
Gray
Marsh
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Mayor Jordan
City Council Meeting: April 21,2015
Subject: Consent
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Motion By: I n FOn
Seconded: G
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/y 1 Marsh
4�J Mayor Jordan
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City Council Meeting: April ..i,2015
Subject: AMEND §33.329 ELIGIBILITY OF CITIZEN VOLUNTEERS
Motion To:
Motion By:
Seconded:
B 1 Kinion
Unfinished Petty
Business Tennant r/
Schoppmeyer
La Tour 4a
6K 4AA
Long 11�
Gray t�
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Mayor Jordan
Subject: AMEND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES
Motion To: a nd ' Rg�eJ 3rd 44
Motion By: AIN I AG
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Seconded: VAA lq;�r`n"On
B 2 Kinion
Unfinished Petty / Al
Business Tennant ✓ IV
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Marsh
Mayor Jordan
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City Council Meeting: April tet, 2015
Subject: PARK LAKE APARTMENTS ACQUISITION AND RENOVATION
Motion To:
PaAz-
Motion By: �D
Seconded: �Q
C. 1 Kinion ✓
Public Petty f
Hearing Tennant ✓
Schoppmeyer t/
La Tour
P-• Long
Gray !
Marsh (�
Mayor Jordan
-7-0
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Mayor Jordan
City Council Meeting: April 21,2015
Subject: VAC 15-4986 (2991 LABORDITE DRIVE/CRYSTAL SPRINGS SUBDIVISION)
Motion To: Ari4J &J 3v-d Ra" rCt aa�
Motion By: G
Seconded: T
D. 1 Kinion ✓
New Petty ✓ ✓ �✓
Business Tennant
Schoppmeyer ✓ �/ �'
La Tour
JLong ✓ ✓
Gray
Marsh ✓ e— r✓'
U4�jb .
Mayor Jordan
-7-0
Subject:
Motion To:
Motion By:
Seconded:
Kinion
Petty
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Mayor Jordan
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
TO: Mayor Jordan
Patti Mulford
Paralegal
THRU: Sondra Smith,City Clerk
FROM: Kit Williams,City Attorney A
DATE: April 22,2015
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed
at the City Council meeting of April 21, 2015
1. A resolution to approve a budget adjustment in the amount of $15,225.00
representing donation revenue to Animal Services for the fourth quarter of 2014.
2. A resolution to award bid #15-21 and authorize the purchase of bulk oils and
lubricants from Frost Oil Company of Van Buren in variable amounts and for varying
unit prices as needed for a term of one year from the date of award with the option to
renew for four additional one year terms.
3. A resolution to award bid #15-26 and authorize a one year contract with Cruse
Uniforms & Equipment, Inc. in the amount of $15,387.60, with four consecutive one
year renewal options, for the purchase of uniforms for the Fayetteville Fire Department.
4. A resolution to amend resolution no. 162-10 to revise the site plan for the
remainder of the Lierly Lane subdivision by reducing the number of single family lots
to ten and by reconfiguring the public access location to the natural park area.
5. A resolution to authorize a contract with Casco Industries, Inc. for the purchase
of variable amounts of replacement bunker gear for the Fayetteville Fire Department for
the unit prices of $1,165.00 for structural firefighting personal protective coats and
$815.00 for structural firefighting personal protective pants on an as needed basis
through March 9, 2018, pursuant to a cooperative bid process through the City of
Springdale.
6. A resolution to approve a contract with Electra Link, Inc. through RFP 13-11 for
the purchase and installation of an access control system for city hall and development
services in the total amount of $69,634.30, to authorize a ten percent (10%) project
contingency in the amount of$6,963.43, and to approve a budget adjustment.
7. A resolution to authorize a Professional Engineering Services Agreement with
Garver, LLC for engineering services for the airport, to approve Task Order No. 1 for
on-call engineering and surveying services for the airport in an amount not to exceed
$20,000.00, and to approve a budget adjustment.
8. A resolution to approve a Memorandum of Understanding with the University
of Arkansas for placement of a University owned gas service line within the City of
Fayetteville right of way.
9. A resolution to approve the issuance of not to exceed $50,000,000.00 of the Public
Finance Authority Revenue Bonds to finance or refinance certain costs of various
projects, including the acquisition and renovation of the 91-unit Park Lake Apartments
located at 1753 E. Zion Road, on behalf of American Agape Foundation, Inc. of San
Antonio, Texas.
2
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Meeting Agenda - Final
Tuesday, April 21, 2015
5:30 PM
City Hall Room 219
City Council
Adella Gray Ward 1
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer, Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
City Council Meeting Agenda-Final April 21,2015
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
A. 1 2014-0501
Approval of the April 7,2015 City Council meeting minutes.
A. 2 2015-0114
2014 ANIMAL SERVICES FOR THE FOURTH QUARTER
DONATION REVENUE
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE
AMOUNT OF$15,225.00 REPRESENTING DONATION REVENUE TO
ANIMAL SERVICES FOR THE FOURTH QUARTER OF 2014
Attachments: 2015-0114
BA-4th Qtr Don Rev 2014
A. 3 2015-0183
BID#15-21 FROST OIL COMPANY
A RESOLUTION TO AWARD BID#15-21 AND AUTHORIZE THE
PURCHASE OF BULK OILS AND LUBRICANTS FROM FROST OIL
COMPANY OF VAN BUREN IN VARIABLE AMOUNTS AND FOR
VARYING UNIT PRICES AS NEEDED FOR A TERM OF ONE YEAR
FROM THE DATE OF AWARD WITH THE OPTION TO RENEW FOR
FOUR ADDITIONAL ONE YEAR TERMS
Attachments: SRP 4-21-15 Oils and Lubricants
City of Fayetteville,Arkansas Page 2 Printed on 411612015
City Council Meeting Agenda-Final April 21,2015
A. 4 2015-0176
BID#15-26 CRUSE UNIFORMS & EQUIPMENT,INC.
A RESOLUTION TO AWARD BID#15-26 AND AUTHORIZE A ONE
YEAR CONTRACT WITH CRUSE UNIFORMS &EQUIPMENT, INC.
IN THE AMOUNT OF $15,387.60,WITH FOUR CONSECUTIVE ONE
YEAR RENEWAL OPTIONS, FOR THE PURCHASE OF UNIFORMS
FOR THE FAYETTEVILLE FIRE DEPARTMENT
Attachments: SRF SRM Bid Tab and Bid for New Uniforms
A. 5 2015-0169
AMEND RESOLUTION NO. 162-10 LIERLY LANE SUBDIVISION
A RESOLUTION TO AMEND RESOLUTION NO. 162-10 TO REVISE
THE SITE PLAN FOR THE REMAINDER OF THE LIERLY LANE
SUBDIVISION BY REDUCING THE NUMBER OF SINGLE FAMILY
LOTS TO TEN AND BY RECONFIGUREVG THE PUBLIC ACCESS
LOCATION TO THE NATURAL PARK AREA
Attachments: 15-4985 CC EXHIBITS
Additional Lierly Lane Map
15-4895 CC STAFF REPORTS
City Attorney's Memo re Resolution to Amend Res No. 162-10
Res to amend Res No. 162-10
A. 6 2015-0173
CASCO INDUSTRIES,INC.
A RESOLUTION TO AUTHORIZE A CONTRACT WITH CASCO
INDUSTRIES, INC. FOR THE PURCHASE OF VARIABLE AMOUNTS
OF REPLACEMENT BUNKER GEAR FOR THE FAYETTEVILLE FIRE
DEPARTMENT FOR THE UNIT PRICES OF $1,165.00 FOR
STRUCTURAL FIREFIGHTING PERSONAL PROTECTIVE COATS
AND$815.00 FOR STRUCTURAL FIREFIGHTING PERSONAL
PROTECTIVE PANTS ON AN AS NEEDED BASIS THROUGH
MARCH 9,2018, PURSUANT TO A COOPERATIVE BID PROCESS
THROUGH THE CITY OF SPRINGDALE
Attachments: SRF SRM Bid Documents New Bunker Gear
City of Fayetteville,Arkansas Page 3 Printed on 411612015
City Council Meeting Agenda-Final April 21,2015
A. 7 2015-0175
ELECTRA LINK,INC.
A RESOLUTION TO APPROVE A CONTRACT WITH ELECTRA
LINK, INC. THROUGH RFP 13-11 FOR THE PURCHASE AND
INSTALLATION OF AN ACCESS CONTROL SYSTEM FOR CITY
HALL AND DEVELOPMENT SERVICES IN THE TOTAL AMOUNT
OF $69,634.30, TO AUTHORIZE A TEN PERCENT(10%)PROJECT
CONTINGENCY IN THE AMOUNT OF $6,963.43,AND TO APPROVE
A BUDGET ADJUSTMENT
Attachments: SRF SRM PO ref documents-Access Control System Downtown.pdf
BA2015 IT Access Control 2015-0175.xlsm
A. 8 2015-0185
GARVER,LLC PROFESSIONAL ENGINEERING SERVICES
AGREEMENT
A RESOLUTION TO AUTHORIZE A PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH GARVER,LLC FOR ON-CALL
ENGINEERING SERVICES FOR THE AIRPORT IN AN AMOUNT
NOT TO EXCEED $20,000.00,AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: Leg2015185 Garver 042115
BA BUDGET ADJUSTMENT FORM LEGISTAR GarverLLC
A. 9 2015-0184
UNIVERSITY OF ARKANSAS MEMORANDUM OF
UNDERSTANDING
A RESOLUTION TO APPROVE A MEMORANDUM OF
UNDERSTANDING WITH THE UNIVERSITY OF ARKANSAS FOR
PLACEMENT OF A UNIVERSITY OWNED GAS SERVICE LINE
WITHIN THE CITY OF FAYETTEVILLE RIGHT OF WAY
Attachments: 2015-0184 UA City MOA
B. Unfinished Business:
City of Fayetteville,Arkansas Page 4 Printed on 411612015
City Council Meeting Agenda-Final April 21,2015
B. 1 2015-0151
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
Attachments: Agenda Request&33.329 Eligibility of Citizen Volunteers
At the April 7,2015 City Council meeting this ordinance was left on the First
Reading.
B. 2 2015-0180
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
Attachments: Agenda Request Packet&72.03 Parking Prohibited in Certain Places
City Attorney Memo 040915
At the April 7,2015 City Council meeting this ordinance was left on the First
Reading.
C. Public Hearing:
C. 1 2015-0188
PARK LAKE APARTMENTS ACQUISITION AND RENOVATION
A RESOLUTION TO APPROVE THE ISSUANCE OF NOT TO
EXCEED $50,000,000.00 OF THE PUBLIC FINANCE AUTHORITY
REVENUE BONDS TO FINANCE OR REFINANCE CERTAIN COSTS
OF VARIOUS PROJECTS, INCLUDING THE ACQUISITION AND
RENOVATION OF THE 91-UNIT PARK LAKE APARTMENTS
LOCATED AT 1753 E. ZION ROAD, ON BEHALF OF AMERICAN
AGAPE FOUNDATION, INC. OF SAN ANTONIO, TEXAS
Attachments: Council Packet for TEFRA bonds at Lake Park apartments
TEFRA Approval with Exhibit A
Additional City Attorney Memo TEFRA Hearing for Bonds
D. New Business:
City of Fayetteville,Arkansas Page 5 Printed on 411612015
City Council Meeting Agenda-Final April 21,2015
D. 1 2015-0174
VAC 15-4986(2991 LABORDITE DRIVE/CRYSTAL SPRINGS
SUBDIVISION)
AN ORDINANCE APPROVING VAC 15-4986 SUBMITTED BY
RIVERWOOD HOMES, LLC FOR PROPERTIES LOCATED AT 2991
LABORDITE TO VACATE PORTIONS OF AN EXISTING UTILITY
EASEMENT
Attachments: 15-4986 CC reports
15-4986 CC ORD
15-4986 CC EX A
15-4986 CC EX B
E. City Council Agenda Session Presentations:
E. 1 2015-0181
AGENDA SESSION PRESENTATION- SPRING STREET MUNICIPAL
PARKING DECK UPDATE,JEREMY PATE, DEVELOPMENTS
SERVICES DIRECTOR
F. City Council Tour: None
G. Announcements:
H. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
City of Fayetteville,Arkansas Page 6 Printed on 411612015
City Council Meeting Agenda-Final April 21,2015
All interested persons may address the City Council on agenda items of New and
Old Business. Please wait for the Mayor to request public comment and then
come to the podium, give your name, address, and comments about the agenda
item. Please address only the Mayor. Questions are usually answered by the
Mayor, Aldermen or Staff after the public comment period is over. Please keep
your comments brief and respectful. Each person is only allowed one turn at the
microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council
Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City
Council pertaining to City Council meetings:
Agenda additions. A new item which is requested to be added to the agenda at a
City Council meeting should only be considered if it requires immediate City
Council consideration and if the normal agenda setting process is not practical.
The City Council may only place such new item on the City Council meeting's
agenda by suspending the rules by two-thirds vote. Such agenda addition shall be
heard prior to the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted
upon as a group without discussion by the City Council. If an Alderman wishes to
comment upon or discuss a Consent Agenda item, that item shall be removed and
considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the
Mayor and, if an ordinance, read by the City Attorney. City staff shall then present
a report. An agenda applicant(city contractor, rezoning or development applicant,
etc.)may present its proposal only during this presentation period, but may be
recalled by an alderman later to answer questions. Staff and applicants may use
electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the
audience on all items of old and new business and subjects of public hearings. No
electronic visual aid presentations shall be allowed, but the public may submit
photos,petitions, etc. to be distributed to the City Council. If a member of the
public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than
9:00 a.m. on the day of the City Council meeting.Any member of the public shall
first state his or her name and address, followed by a concise statement of the
person's position on the question under discussion. Repetitive comments should
be avoided,this applies to comments made previously either to the City Council or
to the Planning Commission when those Planning Commission minutes have been
provided to the Aldermen. All remarks shall be addressed to the Mayor or the City
Council as a whole and not to any particular member of the City Council. No
person other than the Aldermen and the person having the floor shall be permitted
to enter into any discussions without permission of the Mayor. No questions shall
be directed to an Alderman or city staff member except through the Mayor.
City of Fayetteville,Arkansas Page 7 Printed on 411612015
City Council Meeting Agenda-Final April 21,2015
Courtesy and respect.
All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or
derogatory remarks, reflections as to integrity, abusive comments and statements
about motives or personalities. Any member of the public who violates these
standards shall be ruled out of order by the Mayor, must immediately cease
speaking and shall leave the podium.
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.
A copy of the complete City Council agenda is available at accessfayetteville.org
or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas.
City of Fayetteville,Arkansas Page 8 Printed on 411612015
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DEPARTMENTAL CORRESPONDENCE c
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
TO: Mayor Jordan Assistant City Attorney
City Council Patti Mulford
Paralegal
CC: Don Marr, Chief of Staff
FROM: Kit Williams, City Attorney
DATE: April 15, 2015
RE: TEFRA Hearing for Bonds
Paul Becker and I are always somewhat skeptical when the City is
requested to lend its approval to bonds or other financial instruments.
Some of our initial concerns were alleviated when we learned that Gordon
Wilburn was the Underwriters Counsel.
After discussing this situation with Gordon, we asked that he write
us a letter that we could share with the City Council to further explain why
the City of Fayetteville should approve the issuance of TEFRA bonds. That
letter is attached.
t
KUTAK ROCK LLP ATLANTA
CHICAGO
SUITE 2000 DENVER
124 WEST CAPITOL AVENUE IRVINE EV ULa
IRVINE
NORTHWEST ARKANSAS OFFICE LITTLE ROCK, AR 72201-3706 KANSAS CITY
LITTLE ROCK
SUITE 200 501-975-3000 LOS ANGELES
234 EAST MILLSAP ROAD
FFACSIMILE 501-975-3001 MINNEAPOLIS
AYETTEVILLE.ARKANSAS 72703-4099
OKLAHOMA CITY
479-973.4200 WWW,kutakro Ck.Co m OMAHA
PHILADELPHIA
RICHMOND
SCOTTSDALE
SPOKANE
WASHINGTON, D.C.
WICHITA
GORDON M. WILBOURN April 15, 2015
gwdonmllboum @kulakrock.com
(501)975-3101
Mr. Paul Becker
Chief Financial Officer
City of Fayetteville
113 West Mountain
Fayetteville,AR 72701,
RE: TEFRA Hearing for the Public Finance Authority's Multifamily Revenue Bonds
(Park Lake Apartments Project)
Dear Paul:
Pursuant to your request, I am providing this explanatory letter setting forth the rationale
for and the legal ramifications associated with the public hearing and Mayor's approval
scheduled to take place at the April 2151 City Council meeting in connection with the proposed
bond financing of the acquisition, renovation,furnishing and equipping of Park Lake Apartments
in Fayetteville.
As you are aware, the Public Finance Authority, a Wisconsin political subdivision (the
"Authority"), has determined to assist American Agape Foundation, Inc., a Texas nonprofit
corporation, in the acquisition and rehabilitation of four multifamily residential housing
communities located in Arkansas, Florida and Louisiana. The Authority is empowered with
multi jurisdictional bond issuance authority to assist conduit borrowers nationwide in the
financing of various types of capital improvements. Because the proposed acquisition/rehab
projects are located in four different legal jurisdictions, the Authority was selected as the bond
issuer in order to reduce transaction costs and thereby enhance the financial feasibility of the
projects.
Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires
that a public hearing be held prior to the issuance of tax-exempt bonds benefitting certain
enumerated improvements, including multifamily housing projects. Further, Section 147(f)
requires that the hearing be held in the area in which the bond-financed improvement is to be
located and that an elected official having jurisdiction over such area "approve" the issuance of
the bonds after the public hearing. This approval is solely for the purpose of satisfying the
4824-54484515.1
KUTAK ROCK LLP
April 15,2015
Page 2
requirements of Section 147(1) and will not subject the City to any legal liability with respect to
the proposed bonds or projects. The City will not be a party to any of the bond documents.
If you have additional questions regarding this issue, please do not hesitate to call.
Sicerely,1riA11
J 4®
G n M. Wilboum
cc-. Kit Williams, City Attorney
4824-54484515.1
City Council Meeting Minutes
April 7,2015
Page 1 of 16
Alderman Adella Gray Alderman Justin Tennant
Ward I Position 1
0 � Ward 3 Position 1
Alderman Sarah Marsh a. Alderman Martin W. Schoppmeyer,Jr.
Ward I Position 2 Ward 3 Position 2
Alderman Mark Kinion =- Alderman John La Tour
Ward 2 Position I Ward 4 Position 1
Alderman Matthew Petty Alderman Alan T.Long
Ward 2 Position 2 Ward 4 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
April 7, 2015
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 Quarter 2014, Paul Becker, Chief Financial Officer
Paul Becker,Finance Director gave a brief summary of the 4t' 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.
Advertising and Promotion Commission Appointment — 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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
April 7,2015
Page 3 of 16
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
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
April 7,2015
Page 4 of 16
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, Inc. 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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
April 7,2015
Page 5 of 16
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
April 7,2015
Page 6 of 16
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
April 7,2015
Page 7 of 16
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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov