HomeMy WebLinkAbout2013-08-06 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
eelle Ward 1 Position —Sarah Marsh
City Attorney
Attorney Kit Williams Ward 2 Position —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
August 6, 2013
A meeting of the Fayetteville City Council will be held on August 6, 2013 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:
City Council Meeting Presentations, Reports and Discussion Items:
1. Nominating Committee Report — Fayetteville Housing Authority Board
Appointment- APPROVED
Agenda Additions:
A. Consent:
1. Approval of the July 16, 2013 City Council meeting minutes. APPROVED
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. Arkansas State Highway and Transportation Department: A resolution to approve
an Agreement of Understanding between the City of Fayetteville and the Arkansas State
Highway and Transportation Department and to approve the attached budget adjustment
of$75,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 165-13
3. 2013 ADEQ E-Waste Grant: A resolution authorizing acceptance of a 2013 Arkansas
Department of Environmental Quality E-Waste Grant of $25,000.00 for an E-Waste
coupon redemption program, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 166-13
4. Bid #13-38 General Construction Solutions, Inc.: A resolution awarding Bid #13-38
and approving a contract with General Construction Solutions, Inc. in the amount of
$108,982.00 for construction of sanitary sewer repairs in the vicinity of the Cliffs
Apartments due to Spring 2011 flooding, approving a $10,000.00 project contingency,
and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 167-13
5. Bid #13-39 Goodwin & Goodwin: A resolution awarding Bid #13-39 and approving a
contract with Goodwin & Goodwin, Inc. in the amount of$1,262,647.00 for construction
of water and sewer main replacements along the West Fork of the White River,
approving a project contingency of$125,000.00, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-13
6. Bid #13-37 Pick-It Construction, Inc.: A resolution awarding Bid #13-37 and
approving a contract with Pick-It Construction, Inc. in the amount of $403,987.00 for
construction of pool building renovations at Wilson Park, and approving a fifteen percent
(15%)project contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 169-13
7. Crafton Tull Amendment#1: A resolution approving Amendment No. 1 to the contract
with Crafton Tull for construction phase services associated with renovation of pool
buildings at Wilson Park in an additional amount not to exceed $15,000.00, and
approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 170-13
8. Landers Toyota of Little Rock: A resolution authorizing the purchase of two (2)
Toyota Tacoma pickup trucks in the total amount of $48,838.00, pursuant to a state
procurement contract, from Landers Toyota of Little Rock for use by the Transportation
and Water & Sewer divisions, and approving a budget adjustment.
REMOVED FROM CONSENT AND TABLED INDEFINITELY.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
9. George Nunnally Chevrolet of Bentonville: A resolution authorizing the purchase of
two (2) Chevrolet Tahoes in the total amount of $57,110.00, pursuant to a state
procurement contract, from George Nunnally Chevrolet of Bentonville for use by the Fire
Department and the Solid Waste Division, and approving two (2)budget adjustments.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 171-13
10. Arkansas State Highway Department Safe Routes to School Grant: A resolution
authorizing acceptance of an Arkansas State Highway and Transportation Department
Safe Routes to School Grant in the amount of$81,248.00 to be utilized for construction
of a pedestrian bridge along Salem Road connecting Holcomb Elementary and Holt
Middle School, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 172-13
11. Aircraft Passenger Stairs: A resolution approving a budget adjustment in the amount
of$3,500.00 to provide for an increase in the project budget for the purchase of aircraft
passenger stairs for Fayetteville Executive Airport-Drake Field.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-13
12. RFP #13-07 Everbridge, Inc.: A resolution awarding RFP #13-07 and approving a
contract with Everbridge, Inc. for the provision of emergency notification services, and
approving a budget adjustment in the amount of$32,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-13
B. Unfinished Business: None
C. Public Hearing:
1. Raze and Removal 515 E. Township Street: A resolution ordering the razing and
removal of a dilapidated and unsafe structure owned by Marshall Aaron Mahan located at
515 E. Township Street in the City of Fayetteville, Arkansas.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-13
D. New Business:
1. RZN 13-4410 (2468 N. Crossover Rd./Lynnwood Estates): An ordinance rezoning
that property described in rezoning petition RZN 13-4410, for approximately 4.66 acres
located at 2468 North Crossover Road from RSF-2, Residential Single-Family, 2 units
per acre, to R-O, Residential Office, subject to a Bill of Assurance.
THIS ITEM WAS LEFT ON THE FIRST READING.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. ADM 13-4408 (Bicycle Parking Code Amendments): An ordinance to amend §172.10
Bicycle Parking Rack Requirements (D)(2)(e) to reduce the minimum clearance to a fire
hydrant from 15 feet to 6 feet.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5603
3. Amend §72.58 Off-Street Parking Facilities; Rules and Rates: An ordinance to
amend §72.58 Off-Street Parking Facilities; Rules and Rates by enacting a new
subsection (N) Electric Vehicle Charging Station.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5604
4. Special Election for HMR Bonds: An ordinance calling and setting a date for a special
election on the questions of the issuance by the City of(1) not to exceed $1,500,000 of
Hotel and Restaurant Gross Receipts Tax Refunding Bonds for the purpose of refunding
the City's outstanding Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series
2003, (2) not to exceed $6,900,000 of Hotel and Restaurant Gross Receipts Tax and
Tourism Revenue Capital Improvement Bonds for the purpose of financing certain costs
in connection with the renovation and expansion of Walton Arts Center, and (3) not to
exceed $3,500,000 of Hotel and Restaurant Gross Receipts Tax and Tourism Revenue
Capital Improvement Bonds for the purpose of financing certain costs in connection with
a proposed Regional Park; pledging the proceeds from the existing one percent (1.00%)
Hotel, Motel and Restaurant Gross Receipts Tax originally levied by Ordinance No. 2310
to the payment of the Refunding Bonds and Capital Improvement Bonds; prescribing
other matters pertaining thereto; and declaring an emergency.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5605
E. City Council Agenda Session Presentations:
1. 2012 Audit Management Letter Report—Tony C. Uth, Jr., Audit Committee Chair
2. Budget Reserves Discussion—Paul Becker, Finance Director
F. City Council Tour: August 12, 2013 at 5:00 pm - RZN 13-4410 (2468 N. Crossover
Rd./Lynnwood Estates
G. Announcements:
Adjournment: 8:15 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
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.
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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: August 6,2013 Adjourn: i 5 tomes
Subject: Roll
Gray ( 5 c{ ane
Marsh
n Kinion
j-7lsd.a�rt• Petty t/
A Tennant ✓
& aS-poa Schoppmeyer
Adams ✓
Long
Mayor Jordan
-O
Subject: Nominating Committee Report-Fayetteville Housing Authority Board Appointment
Motion To: APP rA✓f,
Motion By: _n
Seconded:
Gray Q��a „fSat �Ji ' rte41s
Marsh
Kinion ✓
Petty
Tennant ✓
Schoppmeyer
Adams
Long
Mayor Jordan
City Council Meeting: August 6,2013
Subject: Consent
Motion To: �b
rum o�
Motion By: ff dMv a
Seconded:
Gray
nn�., Marsh
_ter Kinion
Petty
Tennant
Otuego Schoppmeyer
Adams
f Long
Mayor Jordan
-0
Subject: pD� Q,_ p-,
Motion To: L r ` K
Motion By:
Seconded:
Gray
Marsh
Kinion
Vol—
Petty W-01
Tennant vol
Schoppmeyer
Adams
Long
Mayor Jordan
,U
City Council Meeting: August 6, 2013
Subject: Raze and Removal 515 E. Township Street
Motion To: n
pp rVVIC_
Motion By: f
y1 iGn
Seconded:
C. 1 Gray 6SP �tvt t' 410¢e,
Public Marsh
Hearing Kinion
Petty
Tennant „/
Paste Schoppmeyer
Adams ✓
Long
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Gray
Marsh
Kinion
Petty
Tennant
Schoppmeyer
Adams
Long
Mayor Jordan
City Council Meeting: August 6,2013
Subject: RZN 13-4410(2468 N. Crossover Rd./Lynnwood Estates)
Motion To:
Motion By:
Seconded:
D. 1 Gray
New Marsh
Business Kinion
Petty
h\, Tennant
Vd Y^` Schoppmeyer
tE Adams
0. 41
Long
Mayor Jordan
Subject: ADM 13-4408 (Bicycle Parking Code Amendments)
Motion To: A .3 rd
Motion By:
Seconded:
D. 2 Gray ✓ ✓ /`
New Marsh ✓ WOO'
Business Kinion ! °� ✓
Petty °� ✓
�— Tennant °� �✓
Schoppmeyer
Adams °� ✓
Long
O'J Mayor Jordan
City Council Meeting: August 6,2013
Subject: Amend §72.58 Off-Street Parking Facilities; Rules and Rates
I
rpe�GrayMarshKinion c� ✓ �✓
Petty f s-' ✓
Tennant ✓
Schoppmeyer ✓ ✓
Adams ✓
Long
Mayor Jordan
-Q -� p -o
Subject: Special Election for HMR Bondsn�p,,,
Motion To: 3AI
Motion By:
Seconded: G'
D. 4 Gray ✓ ✓ ✓
New Marsh ✓ ✓ ✓ ✓
Business Kinion ✓ t ✓ '✓
Petty ,✓ ,✓ �
Tennant
Schoppmeyer ✓ c/
Adams
Long t/ Al
oS Mayor Jordan
g-o 74 9-0 '/
s
Ta e evl le Departmental Correspondence al
Y LUMMMU LEGAL
• • DEPARTMENT
Kit Williams
City Attorney
Jason B.Kelley
Assistant City Attorney
TO: Mayor Jordan
THRU: Sondra Smith,City Clerk
FROM: Jason Kelley,Assistant City Attorney
DATE: August 7,2013 �wvv�CCGGG ✓G
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed
at the City Council meeting of August 6,2013
1. Arkansas State Highway and Transportation Department: A resolution to
approve an Agreement of Understanding between the City of Fayetteville and the
Arkansas State Highway and Transportation Department and to approve the attached
budget adjustment of$75,000.00.
2. 2013 ADEQ E-Waste Grant: A resolution authorizing acceptance of a 2013
Arkansas Department of Environmental Quality E-Waste Grant of$25,000.00 for an E-
Waste coupon redemption program, and approving a budget adjustment.
3. Bid #13-38 General Construction Solutions, Inc.: A resolution awarding Bid
#13-38 and approving a contract with General Construction Solutions, Inc. in the amount
of $108,982.00 for construction of sanitary sewer repairs in the vicinity of the Cliffs
Apartments due to Spring 2011 flooding, approving a $10,000.00 project contingency,
and approving a budget adjustment.
4. Bid #13-39 Goodwin & Goodwin: A resolution awarding Bid #13-39 and
approving a contract with Goodwin & Goodwin, Inc. in the amount of$1,262,647.00 for
construction of water and sewer main replacements along the West Fork of the White
River, approving a project contingency of $125,000.00, and approving a budget
adjustment.
5. Bid #13-37 Pick-It Construction, Inc.: A resolution awarding Bid #13-37 and
approving a contract with Pick-It Construction, Inc. in the amount of $403,987.00 for
construction of pool building renovations at Wilson Park,and approving a fifteen percent
(15%)project contingency.
6. Crafton Tull Amendment#1: A resolution approving Amendment No. 1 to the
contract with Crafton Tull for construction phase services associated with renovation of
pool buildings at Wilson Park in an additional amount not to exceed $15,000.00, and
approving a budget adjustment.
7. George Nunnally Chevrolet of Bentonville: A resolution authorizing the
purchase of two(2)Chevrolet Tahoes in the total amount of$57,110.00,pursuant to a
state procurement contract,from George Nunnally Chevrolet of Bentonville for use by
the Fire Department and the Solid Waste Division,and approving two(2)budget
adjustments.
8. Arkansas State Highway Department Safe Routes to School Grant: A
resolution authorizing acceptance of an Arkansas State Highway and Transportation
Department Safe Routes to School Grant in the amount of$81,248.00 to be utilized for
construction of a pedestrian bridge along Salem Road connecting Holcomb Elementary
and Holt Middle School, and approving a budget adjustment.
9. Aircraft Passenger Stairs: A resolution approving a budget adjustment in the
amount of$3,500.00 to provide for an increase in the project budget for the purchase of
aircraft passenger stairs for Fayetteville Executive Airport-Drake Field.
10. RFP#13-07 Everbridge,Inc.: A resolution awarding RFP#13-07 and approving
a contract with Everbridge, Inc. for the provision of emergency notification services, and
approving a budget adjustment in the amount of$32,000.00.
11. Raze and Removal 515 E. Township Street: A resolution ordering the razing
and removal of a dilapidated and unsafe structure owned by Marshall Aaron Mahan
located at 515 E. Township Street in the City of Fayetteville,Arkansas
12. ADM 13-4408(Bicycle Parking Code Amendments): An ordinance to amend
§172.10 Bicycle Parking Rack Requirements (D)(2)(e) to reduce the minimum clearance
to a fire hydrant from 15 feet to 6 feet.
13. Amend§72.58 Off-Street Parking Facilities; Rules and Rates: An ordinance to
amend §72.58 Off-Street Parking Facilities; Rules and Rates by enacting a new
subsection(1)Electric Vehicle Charging Station.
• 14. Special Election for HMR Bonds: An ordinance calling and setting a date for a
special election on the questions of the issuance by the City of (1) not to exceed
$1,500,000 of Hotel and Restaurant Gross Receipts Tax Refunding Bonds for the purpose
of refunding the City's outstanding Hotel and Restaurant Gross Receipts Tax Refunding
2
Bonds, Series 2003, (2)not to exceed$6,900,000 of Hotel and Restaurant Gross Receipts
Tax and Tourism Revenue Capital Improvement Bonds for the purpose of financing
certain costs in connection with the renovation and expansion of Walton Arts Center,and
(3) not to exceed $3,500,000 of Hotel and Restaurant Gross Receipts Tax and Tourism
Revenue Capital Improvement Bonds for the purpose of financing certain costs in
connection with a proposed Regional Park; pledging the proceeds from the existing one
percent (1.00%) Hotel, Motel and Restaurant Gross Receipts Tax originally levied by
Ordinance No. 2310 to the payment of the Refunding Bonds and Capital Improvement
Bonds;prescribing other matters pertaining thereto; and declaring an emergency.
3
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
eelle Ward 1 Position —Sarah Marsh
City Attorney
Attorney Kit Williams Ward 2 Position —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
August 6, 2013
A meeting of the Fayetteville City Council will be held on August 6, 2013 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:
City Council Meeting Presentations, Reports and Discussion Items:
1. Nominating Committee Report — Fayetteville Housing Authority Board
Appointment
Agenda Additions:
A. Consent:
1. Approval of the July 16, 2013 City Council meeting minutes.
2. Arkansas State Highway and Transportation Department: A resolution to approve
an Agreement of Understanding between the City of Fayetteville and the Arkansas State
Highway and Transportation Department and to approve the attached budget adjustment
of$75,000.00.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. 2013 ADEQ E-Waste Grant: A resolution authorizing acceptance of a 2013 Arkansas
Department of Environmental Quality E-Waste Grant of $25,000.00 for an E-Waste
coupon redemption program, and approving a budget adjustment.
4. Bid #13-38 General Construction Solutions, Inc.: A resolution awarding Bid #13-38
and approving a contract with General Construction Solutions, Inc. in the amount of
$108,982.00 for construction of sanitary sewer repairs in the vicinity of the Cliffs
Apartments due to Spring 2011 flooding, approving a $10,000.00 project contingency,
and approving a budget adjustment.
5. Bid #13-39 Goodwin & Goodwin: A resolution awarding Bid #13-39 and approving a
contract with Goodwin & Goodwin, Inc. in the amount of$1,262,647.00 for construction
of water and sewer main replacements along the West Fork of the White River,
approving a project contingency of$125,000.00, and approving a budget adjustment.
6. Bid #13-37 Pick-It Construction, Inc.: A resolution awarding Bid #13-37 and
approving a contract with Pick-It Construction, Inc. in the amount of $403,987.00 for
construction of pool building renovations at Wilson Park, and approving a fifteen percent
(15%)project contingency.
7. Crafton Tull Amendment#1: A resolution approving Amendment No. 1 to the contract
with Crafton Tull for construction phase services associated with renovation of pool
buildings at Wilson Park in an additional amount not to exceed $15,000.00, and
approving a budget adjustment.
8. Landers Toyota of Little Rock: A resolution authorizing the purchase of two (2)
Toyota Tacoma pickup trucks in the total amount of $48,838.00, pursuant to a state
procurement contract, from Landers Toyota of Little Rock for use by the Transportation
and Water & Sewer divisions, and approving a budget adjustment.
9. George Nunnally Chevrolet of Bentonville: A resolution authorizing the purchase of
two (2) Chevrolet Tahoes in the total amount of $57,110.00, pursuant to a state
procurement contract, from George Nunnally Chevrolet of Bentonville for use by the Fire
Department and the Solid Waste Division, and approving two (2) budget adjustments.
10. Arkansas State Highway Department Safe Routes to School Grant: A resolution
authorizing acceptance of an Arkansas State Highway and Transportation Department
Safe Routes to School Grant in the amount of$81,248.00 to be utilized for construction
of a pedestrian bridge along Salem Road connecting Holcomb Elementary and Holt
Middle School, and approving a budget adjustment.
11. Aircraft Passenger Stairs: A resolution approving a budget adjustment in the amount
of$3,500.00 to provide for an increase in the project budget for the purchase of aircraft
passenger stairs for Fayetteville Executive Airport-Drake Field.
12. RFP #13-07 Everbridge, Inc.: A resolution awarding RFP #13-07 and approving a
contract with Everbridge, Inc. for the provision of emergency notification services, and
approving a budget adjustment in the amount of$32,000.00.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
B. Unfinished Business: None
C. Public Hearing:
1. Raze and Removal 515 E. Township Street: A resolution ordering the razing and
removal of a dilapidated and unsafe structure owned by Marshall Aaron Mahan located at
515 E. Township Street in the City of Fayetteville, Arkansas.
D. New Business:
1. RZN 13-4410 (2468 N. Crossover Rd./Lynnwood Estates): An ordinance rezoning
that property described in rezoning petition RZN 13-4410, for approximately 4.66 acres
located at 2468 North Crossover Road from RSF-2, Residential Single-Family, 2 units
per acre, to R-O, Residential Office, subject to a Bill of Assurance.
2. ADM 13-4408 (Bicycle Parking Code Amendments): An ordinance to amend §172.10
Bicycle Parking Rack Requirements (D)(2)(e) to reduce the minimum clearance to a fire
hydrant from 15 feet to 6 feet.
3. Amend §72.58 Off-Street Parking Facilities; Rules and Rates: An ordinance to
amend §72.58 Off-Street Parking Facilities; Rules and Rates by enacting a new
subsection (N) Electric Vehicle Charging Station.
4. Special Election for HMR Bonds: An ordinance calling and setting a date for a special
election on the questions of the issuance by the City of(1) not to exceed $1,500,000 of
Hotel and Restaurant Gross Receipts Tax Refunding Bonds for the purpose of refunding
the City's outstanding Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series
2003, (2) not to exceed $6,900,000 of Hotel and Restaurant Gross Receipts Tax and
Tourism Revenue Capital Improvement Bonds for the purpose of financing certain costs
in connection with the renovation and expansion of Walton Arts Center, and (3) not to
exceed $3,500,000 of Hotel and Restaurant Gross Receipts Tax and Tourism Revenue
Capital Improvement Bonds for the purpose of financing certain costs in connection with
a proposed Regional Park; pledging the proceeds from the existing one percent (1.00%)
Hotel, Motel and Restaurant Gross Receipts Tax originally levied by Ordinance No. 2310
to the payment of the Refunding Bonds and Capital Improvement Bonds; prescribing
other matters pertaining thereto; and declaring an emergency.
E. City Council Agenda Session Presentations:
1. 2012 Audit Management Letter Report—Tony C. Uth, Jr., Audit Committee Chair
2. Budget Reserves Discussion—Paul Becker, Finance Director
F. City Council Tour: August 12, 2013 at 5:00 pm - RZN 13-4410 (2468 N. Crossover
Rd./Lynnwood Estates
G. Announcements:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
Adjournment:
NOTICE TO MEMBERS OF THE AUDIENCE
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.
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.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
Nominating Committee Report—Fayetteville
Housing Authority Board Appointment
Page 1 of 2
NominatingKommitteeReport0
Housing Authority Board
HOUSING AUTHORITY BOARD
The Housing Authority Board recommends the following appointments with the approval
of the City Council.
• Christopher Terry - One Unexpired Term Ending 12/28/14
Nominating Committee Report—Fayetteville
Housing Authority Board Appointment
Page 2 of 2
FAYETTEVILLE HOUSING AUTHORITY
#1 North School Ave.
Fayetteville, AR 72701-5928
PH: (479) 521-3850 FAX: (479) 442-6771
E-MAIL: favettevilleha(a,morepti.net
July 26, 2013
Mayor Lioneld Jordan&
Fayetteville City Council Members
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Dear Mayor Lioneld Jordan&Fayetteville City Council Members:
This letter is to confirm that the Fayetteville Housing Authority's
Board has elected a new commissioner at its July 25, 2013,
Regular Board Meeting.
The new Commissioner for the Fayetteville Housing Authority
Board is Christopher Terry. Christopher Terry was appointed
to fill an unexpired term of two years from July 25, 2013 to
December 28, 2015.
The Fayetteville Housing Authority Board requests that this newly
elected commissioner, Christopher Terry, be placed on the
next City Council Meeting Agenda to be formally confirmed by the
municipality's governing body in accordance with the Arkansas State
Statue#14-169-208.
If you have any questions, please feel free to call or e-mail.
Sincerely yours,
Fredia Sawin
Executive Director
fs
City of Fayetteville Staff Review Form
a1
Raze and Removal 515 E.Township Street
City Council Agenda Items Page 1 of 2
and
Contracts, Leases or Agreements
8/6/2013
City Council Meeting Date
Agenda Items Only
Yolanda Fields Community Services Development Services
Submitted By Division Department
Action Required:
Public Hearing and Resolution to order the Raze and Removal of the unsafe structure located at 515 E. Township
Street. (WC Parcel#765-13391-000)
$ 4,200.00 $ 16,275.00
Cost of this request Category/Project Budget Program Category/Project Name
1010.6420.5315.04 $ 4,875.00 Raze and Removal
Account Number Funds Used to Date Program/Project Category Name
50033-1304 $ 11,400.00 General Fund
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
A".. j 1 ?1,.'A Previous Ordinance or Resolution#
Department Dir or Dale
Original Contract Date:
Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City
Clerk's Office
Chief of Staff Date
Received in
Mayor's Office
Mayor Date
Comments: Staff recommends approval of the Resolution.
'Q,t,A- +0 PAojG(� Nwb,� Or,11 bk4w",. 4A, WOW not I -1vcA44
Revised January 15,2009
C. 1
Raze and Removal 515 E.Township Street
Page 2 of 2
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Department Directore
From: Yolanda Fields, Community Service 'r r
Date: July 17, 2013
Subject: Raze and Removal of structure at 515 E. Township Street
RECOMMENDATION
Staff recommends approval of the Resolution ordering the Razing and Removal of a dilapidated
and unsafe structure located at 515 E. Township Street.
BACKGROUND
Service Request# 126792, Case# 17190: Code Compliance responded to a request concerning
the structure located at 515 E. Township Street. The structure appeared to be in violation of
Subsection 173.09(A), Unsafe Buildings, of the City Code of Ordinances. The Chief Building
Official inspected the property and determined that the structure was in violation of Subsection
173.09(A), Unsafe Buildings, of the City Code of Ordinances. Specifically, the Chief Building
Official observed: House is beyond effective repair; roof has holes, sheetrock wet and falling.
Cost to repair and bring to current codes exceeds value of structure.
On April 12, 2013, an Unsafe Building Notice of Violation was hand delivered to the property
owner,Aaron Mahan. By ordinance,the property owner was given until May 13,2013 to
acquire a building permit or to raze and remove the structure.
On July 2, 2013, a Notice of Public Hearing was hand delivered to the property owner informing
him of the August 6, 2013 Public Hearing.
DISCUSSION
This parcel contains a 1,295 square foot single family dwelling. The structure is not secured and
has deteriorated to a point where it is no longer safe. There is not a current building permit on
this structure.
BUDGETIMPACT
If the property owner does not comply with the Raze and Removal order, Raze and Removal
costs will be expensed to current budget. A Lien will be placed on the property for the incurred
costs. The current budget balance is a result of other raze and removal addresses that were
corrected by the property owners. Therefore,we will not be requesting a budget adjustment for
this raze and removal.
City of Fayetteville Staff Review Form D.a
Special Election for HMR Bonds
City Council Agenda Items Page 1 of 8
and
Contracts, Leases or Agreements
August 6,1023
City Council Meeting Date
Agenda Items Only
Paul A Becker Finance and Internal Services Finance and Internal Services
Submitted By Division Department
Action Required:
In May,2013 the City Avertising and Promotion Commission by resolution requested the City call and set a date for a
special election to consider the refinancing of outstanding HMR bonds and the authorizaton to issue new bonds to
fund additional projects.Specifically these projects include a portion of the cost of a expansion of the Walton Arts
Center and a portion of the costs of the Regional Park Project.This would extend the current debt service payments
for 25 years without increasing taxes .This agenda item is to approve that request.
N/A $
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
`Vc,,A CX -7-X4-MI'5 Previous Ordinance or Resolution#
Depart Director Date
Original Contract Date:
Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City 07-24-T 3 P02:03
Clerk's Office
Chief of ff Date
Received in
Mayor's Office
6.Aay6r Date
Comments:
Revised January 15,2009
D.4
MILLe
Special Election for HMR Bonds
a e Page 2 S 8
YTHE CITY OF FAYETTEVILLE,ARKANSASDEPARTMENT CORRESPONDENCE
ARKA
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr,Chief of Staff
From: Paul A Becker QA 0
Date: July 30, 2013
Subject: Ordinance To Call a Special Election for HMR Bonds
PROPOSAL: In May, 2013 the Advertising and Promotion Commission passed a resolution requesting the
City call a special election to consider an extension of the current HMR Bonds. The payment of bonds would be
extended for 25 years at the same total principal and interest payment amount as currently made annually.
Therefore,the current amounts paid for debt service would remain the same.
To accomplish this, the voters would be asked to approve three questions on the ballot. Question one would
request approximately$1,500,000 in new bonds to refund the current outstanding bonds. Question two would
request$6,900,000 in new bonds to fund a portion of an expansion to the Walton Arts Center. The final request
would be to approve $3,500,000 of new bonds to fund certain improvements to the Regional Park. Specifically
baseball/softball fields, soccer fields and related facilities at the Regional Park would be partially funded.
It is important to understand this is not a new tax. It would not cost the taxpayer any more money.
RECOMMENDATION: The administration recommends the approval of this ordinance to call for a special
election on November 12, 2013 to decide the above questions.
BUDGET IMPACT: None
D.4
Special Election for HMR Bonds
Page 3 of 8
ORDINANCE NO.
AN ORDINANCE CALLING AND SETTING A DATE FOR A SPECIAL
ELECTION ON THE QUESTIONS OF THE ISSUANCE BY THE CITY OF (1)
NOT TO EXCEED $1,500,000 OF HOTEL AND RESTAURANT GROSS
RECEIPTS TAX REFUNDING BONDS FOR THE PURPOSE OF
REFUNDING THE CITY'S OUTSTANDING HOTEL AND RESTAURANT
GROSS RECEIPTS TAX REFUNDING BONDS, SERIES 2003, (2) NOT TO
EXCEED $6,900,000 OF HOTEL AND RESTAURANT GROSS RECEIPTS
TAX AND TOURISM REVENUE CAPITAL IMPROVEMENT BONDS FOR
THE PURPOSE OF FINANCING CERTAIN COSTS IN CONNECTION WITH
THE RENOVATION AND EXPANSION OF WALTON ARTS CENTER, AND
(3) NOT TO EXCEED $3,500,000 OF HOTEL AND RESTAURANT GROSS
RECEIPTS TAX AND TOURISM REVENUE CAPITAL IMPROVEMENT
BONDS FOR THE PURPOSE OF FINANCING CERTAIN COSTS IN
CONNECTION WITH A PROPOSED REGIONAL PARK; PLEDGING THE
PROCEEDS FROM THE EXISTING ONE PERCENT (1.00%) HOTEL,
MOTEL AND RESTAURANT GROSS RECEIPTS TAX ORIGINALLY
LEVIED BY ORDINANCE NO. 2310 TO THE PAYMENT OF THE
REFUNDING BONDS AND CAPITAL IMPROVEMENT BONDS;
PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND
DECLARING AN EMERGENCY
WHEREAS, under the authority of Title 26, Chapter 75, Subchapter 6 of the Arkansas
Code of 1987 Annotated (the "Advertising and Promotion Commission Act") and pursuant to
Ordinance No. 2310 adopted on March 1, 1977, and as subsequently amended (the "Levying
Ordinance"), the City has previously levied a one percent(1.00%)tax (the "A&P Tax") upon the
gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or
motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes,
cafeterias, delis, drive-in restaurants, carry-out restaurants, concession stands, convenience
stores, grocery store-restaurants, caterers and similar businesses within the boundaries of the City
engaged in the business of selling prepared food for on-premises or off-premises consumption;
and
D.4
Special Election for HMR Bonds
Page 4 of 8
Page 2
Ordinance No.
WHEREAS, under the authority of the Advertising and Promotion Commission Act and
pursuant to the provisions of Ordinance No. 4488 adopted on May 20, 2003, the City has
previously issued and there are presently outstanding $1,875,000 in aggregate principal amount
of the City's Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series 2003 (the
"Series 2003 Bonds"), which Series 2003 Bonds are secured by the pledge of and lien upon the
City's receipts of the A&P.Tax; and
WHEREAS, the City's Advertising and Promotion Commission (the "Commission") by
resolution adopted on May 13, 2013, has recommended that the City assist in (i) the completion
of the proposed Walton Arts Center expansion and renovation (the "Walton Arts Center
Improvements") and (ii)the acquisition, construction and equipping of a regional park (the "Park
Improvements")through the issuance of its capital improvement bonds; and
WHEREAS, the Commission has determined and the City Council concurs that the
Walton Arts Center is a cultural arts and (2008 Repl.) §26-75-606 and a"tourism project"within
the meaning of Arkansas Code Annotated (1998 Repl.) §14-170-205 which will secure and
develop tourism and thereby stimulate and enhance the economic growth and well-being of the
City and its people; and entertainment facility and its expansion and renovation will constitute a
"tourism project" within the meaning of Arkansas Code Annotated (1998 Repl.) §14-170-205
which will secure and develop tourism and thereby stimulate and enhance the economic growth
and well-being of the City and its people; and
WHEREAS, the Commission has further determined and the City Council concurs that
the City's proposed regional park will constitute a "public recreation facility" and "city park"
within the meaning of Arkansas Code Annotated
WHEREAS, the City Council has determined that there is a critical need for a source of
revenue to finance the Walton Arts Center Improvements and the Park Improvements, and that
the receipts of the A&P Tax could be so utilized, but only upon refunding or redemption of the
Series 2003 Bonds; and
WHEREAS, if approved by the electors of the City, the City has determined to issue (1)
its refunding bonds in principal amount not to exceed $1,500,000 (the "Refunding Bonds") for
the purpose of refunding the Series 2003 Bonds, (2) its capital improvement bonds in principal
amount not to exceed $6,900,000 (the "Walton Arts Center Bonds') for the purpose of financing
a portion of the Walton Arts Center Improvements, and (3) its capital improvement revenue
bonds in principal amount not to exceed $3,500,000 (the "Park Bonds") for the purpose of
financing a portion of the Park Improvements, which Refunding Bonds, Walton Arts Center
D.4
Special Election for HMR Bonds
Page 5 of 8
Page 3
Ordinance No.
Bonds and Park Bonds are to be equally and ratably secured by a pledge of and lien upon the
receipts of the A&P Tax; and
WHEREAS, the purpose of this Ordinance is to call a special election on the issuance by
the City of the Refunding Bonds, the Walton Arts Center Bonds and the Park Bonds;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Fayetteville, Arkansas:
Section l: That under the authority of the Constitution and laws of the State of
Arkansas, including particularly the Advertising and Promotion Commission Act and Title 14,
Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue
Bond Act"), and subject to approval by the electors of the City as provided in Section 2 below,
there is hereby authorized the issuance of(1)the City's Hotel and Restaurant Gross Receipts Tax
Refunding Bonds in the aggregate principal amount of not to exceed $1,500,000 (the "Refunding
Bonds") for the purpose of refunding the Series 2003 Bonds, (2) the City's Hotel and Restaurant
Gross Receipts Tax and Tourism Revenue Capital Improvement Bonds in the aggregate principal
amount of not to exceed $6,900,000 (the "Walton Arts Center Bonds") for the purpose of
financing a portion of the Walton Arts Center Improvements, and (3) the City's Hotel and
Restaurant Gross Receipts Tax and Tourism Revenue Capital Improvement Bonds in the
aggregate principal amount of not to exceed $3,500,000 (the "Park Bonds") for the purpose of
financing a portion of the Park Improvements. Any bonds approved by the electors of the City
may thereafter be issued in one or more series from time to time in an aggregate principal
amount not to exceed the respective principal amount(s) approved by the City's electors. Such
bonds as are issued by the City will be secured on a parity basis by a pledge of and a lien upon
the receipts of the A&P Tax.
Section 2: That there be, and there is hereby called, a special election to be held on
Tuesday, November 12, 2013, at which election there shall be submitted to the electors of the
City the questions of the issuance of the Refunding Bonds, the Walton Arts Center Bonds and
the Park Bonds.
Section 3: That the questions shall be placed on the ballot for the special election in
substantially the following forms:
Question One:
There is submitted to the qualified electors of the City of Fayetteville, Arkansas,
the question of the issuance of refunding bonds in principal amount not to exceed
$1,500,000 (the "Refunding Bonds"), pursuant to Title 26, Chapter 75,
Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and
Promotion Commission Act"), for the purpose of refunding the City's outstanding
D.4
Special Election for HMR Bonds
Page 6 of 8
Page 4
Ordinance No.
Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series 2003 (the
"Series 2003 Bonds"). If the issuance of the Refunding Bonds is approved, the
Refunding Bonds shall be secured by a pledge of and lien upon the receipts of an
existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance
No. 2310 upon the gross receipts or gross proceeds (i) derived from renting,
leasing or otherwise furnishing hotel or motel accommodations for profit within
the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in
restaurants, carry-out restaurants, concession stands, convenience stores, grocery
store-restaurants, caterers and similar businesses within the boundaries of the City
engaged in the business of selling prepared food for on-premises or off-premises
consumption.
Vote on the question by placing an "X" in one of the squares following the
question, either for or against:
FOR the issuance of Refunding Bonds in principal amount not to exceed
$1,500,000 ...................................................................................❑
AGAINST the issuance of Refunding Bonds in principal amount not to exceed
$1,500,000 ...................................................................................❑
Question Two:
There is submitted to the qualified electors of the City of Fayetteville, Arkansas,
the question of the issuance of capital improvement bonds in principal amount not
to exceed $6,900,000 (the "Walton Arts Center Bonds"), pursuant to Title 14,
Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the
"Tourism Revenue Bond Act") and Title 26, Chapter 75, Subchapter 6 of the
Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission
Act"), for the purpose of financing a portion of the costs of the expansion and
renovation of the Walton Arts Center located within Fayetteville, (the "Walton
Arts Center Improvements"). If the issuance of the Walton Arts Center Bonds is
approved, the Walton Arts Center Bonds shall be secured by a pledge of and lien
upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied
pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i)
derived from renting, leasing or otherwise furnishing hotel or motel
accommodations for profit within the boundaries of the City and (ii) of
restaurants, cafes, cafeterias, delis, drive-in restaurants, carry-out restaurants,
concession stands, convenience stores, grocery store-restaurants, caterers and
similar businesses within the boundaries of the City engaged in the business of
selling prepared food for on-premises or off-premises consumption.
D.4
Special Election for HMR Bonds
Page 7 of 8
Page 5
Ordinance No.
Vote on the question by placing an "X" in one of the squares following the
question, either for or against:
FOR the issuance of Walton Arts Center Bonds in principal amount not to exceed
$6,900,000 for the purpose of financing a portion of the costs of the Walton Arts
Center Improvements ......................................................................❑
AGAINST the issuance of Walton Arts Center Bonds in principal amount not to
exceed $6,900,000 for the purpose of financing a portion of the costs of the
Walton Arts Center Improvements .......................................................❑
Question Three:
There is submitted to the qualified electors of the City of Fayetteville, Arkansas,
the question of the issuance of capital improvement bonds in principal amount not
to exceed $3,500,000 (the "Park Bonds"), pursuant to Title 14, Chapter 170,
Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue
Bond Act") and Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987
Annotated (the "Advertising and Promotion Commission Act"), for the purpose of
financing a portion of the costs of constructing and equipping a regional park
owned by and located within the City of Fayetteville, which may include baseball
fields, soccer fields and related facilities (the "Park Project"). If the issuance of
the Park Bonds is approved, the Park Bonds shall be secured by a pledge of and
lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax")
levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds
(i) derived from renting, leasing or otherwise furnishing hotel or motel
accommodations for profit within the boundaries of the City and (ii) of
restaurants, cafes, cafeterias, delis, drive-in restaurants, carry-out restaurants,
concession stands, convenience stores, grocery store-restaurants, caterers and
similar businesses within the boundaries of the City engaged in the business of
selling prepared food for on-premises or off-premises consumption.
Vote on the question by placing an "X" in one of the squares following the
question, either for or against:
FOR the issuance of Park Bonds in principal amount not to exceed$3,500,000 for
the purpose of financing a portion of the costs of constructing and equipping the
ParkImprovements .........................................................................❑
AGAINST the issuance of Park Bonds in principal amount not to exceed
$3,500,000 for the purpose of financing a portion of the costs of constructing and
equipping the Park Improvements ........................................................❑
D.4
Special Election for HMR Bonds
Page 8 of 8
Page 6
Ordinance No.
Section 4: That the election shall be held and conducted and the vote canvassed and
the results declared under the law and in the manner now provided for Arkansas municipal
elections unless otherwise provided in the Advertising and Promotion Commissions Act or the
Tourism Revenue Bond Act, and only qualified voters of the City shall have the right to vote at
the election. The City Clerk is hereby directed to give notice of the special election by one
advertisement in a newspaper of general circulation within the City, the publication to be not less
than ten(10) days prior to the date of the election.
Section 5: That the results of the special election shall be proclaimed by the Mayor,
and his proclamation shall be published one time in a newspaper of general circulation within the
City. The proclamation shall advise that the results as proclaimed shall be conclusive unless
attacked in the Circuit Court of Washington County within thirty (30) days after the date of
publication of the proclamation.
Section 6: That the Mayor and the City Clerk, for and on behalf of the City, be, and
they hereby are authorized and directed to do any and all things necessary to call and hold the
special election as herein provided and, if the issuance of the Refunding Bonds, the Walton Arts
Center Bonds and/or the Park Bonds are approved by the electors,to perform all acts of whatever
nature necessary to carry out the authority conferred by this Ordinance.
Section 7: That all ordinances and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 8: That it is hereby ascertained and declared that there is a critical need to
obtain an additional source of revenue to finance needed capital improvements, including the
Walton Arts Center Project and the Park Project, all in order to promote and protect the peace,
health, safety and welfare of the inhabitants of the City. It is, therefore, declared that an
emergency exists and this Ordinance being necessary for the immediate preservation of public
peace, health and safety shall be in force and effect immediately from and after its passage.
PASSED AND APPROVED this 20th day of August, 2013.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
City Council Meeting Minutes
July 16,2013
Page 1 of 10
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
eelle Ward 1 Position —Sarah Marsh
City Attorney Kit Williams Ward 2 Position
on —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr.
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Alan T.Long
City of Fayetteville Arkansas
City Council Meeting Minutes
July 16, 2013
A meeting of the Fayetteville City Council was held on July 16, 2013 at 6:00 PM 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, Matthew Petty, Justin
Tennant, Martin Schoppmeyer, Alan Long, &, Mayor Lioneld Jordan, City Attorney Kit
Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Rhonda Adams
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
2012 Audit Report:
Paul Becker, Finance and Internal Services Director introduced Dan Barron, a partner with
Grant Thornton as a new auditor for the city and stated BKD was the previous auditor for eight
years. Mr. Becker stated that the city received a clean opinion of the financial statements for the
city. The document was given on disc to City Council and posted online for public inspection. It
was a positive year for the city. Alderman Gray is on the Audit Committee as the council
representative. The auditor did make a full report to the Audit Committee.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316