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Home My WebLink About2011-04-05 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting April 5, 2011 A meeting of the Fayetteville City Council will be held on April 5, 2011 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 City Council Agenda Session Presentations: Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the March 15, 2011 City Council meeting minutes and the March 22, 2011 Special City Council meeting minutes. APPROVED 2. Carrier Corporation: A resolution authorizing a contract with Carrier Corporation in the amount of$3,476.00 for the purchase and installation of HVAC controls added to the contract authorized by Resolution No. 184-10 for the Police Department building. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 49-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. King Electrical Contractors: A resolution authorizing a contract with King Electrical Contractors in the amount of$1,075.00 for the purchase and installation of lighting work added to the contract authorized by Resolution No. 185-10 for the Police Department building. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 50-11 4. Animal Services Citizen Donation Revenue: A resolution approving a budget adjustment in the amount of $17,464.00 representing citizen donation revenue to the Animal Services Division during the fourth quarter of 2010. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 51-11 5. United States Geological Survey (USGS): A resolution approving a contract with the United States Geological Survey (USGS)in the amount of$19,600.00 to model the upper end of the Beaver Reservoir related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission, and approving a $4,000.00 project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 52-11 6. Mitchell, Williams, Selig, Gates & Woodyard, PLLC: A resolution approving a contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the maximum amount of$48,000.00 for the provision of legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 53-11 7. Fayetteville Municipal Property Owners' Improvement District Appointment: A resolution to appoint John Russell Meeks, Melissa Meeks and Patricia Chambers Dixon as successor commissioners for Fayetteville Municipal Property Owners' Improvement District No. 12 - Belclaire. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 54-11 8. Amend Resolution No. 210-10 Bid #10-66: A resolution amending Resolution No. 210- 10 to approve a project contingency of$8,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 55-11 9. Fayetteville Police Department Policy Changes: A resolution approving amendments to Fayetteville Police Department Policies 16.2.3 Temporary Light Duty, 41.1.4 Bicycle Patrol, 41.3.5 Grooming and Uniform Requirements, and 52.1.1 Office of Professional Standards. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 56-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. Unfinished Business: 1. Huntingdon Heights Appeal: An appeal of the City Engineer's determination regarding the driveway approach at 3172 Warwick Dr. This item was tabled at the February 3, 2011 City Council meeting to the February 15, 2011 City Council meeting. This item was tabled at the February 15, 2011 City Council meeting to the March 15, 2011 City Council meeting. This item was tabled at the March 15, 2011 City Council meeting to the April 5, 2011 City Council meeting. APPLICANT WITHDREW APPEAL. 2. Amend §117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes: An ordinance to amend §117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes (B) Route Approval and (F) of the Fayetteville Code to allow use of pedicabs on streets with a posted speed limit of thirty-five (35) miles per hour or higher if authorized by the Transportation Services Director and (D) to allow pedicabs to operate on Scull Creek Trail, Mud Creek Trail and Frisco Trail. This ordinance was left on the First Reading at the March 15, 2011 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING AND AMENDMENT WAS TABLED TO THE APRIL 19, 2011 CITY COUNCIL MEETING. 3. Amend §174.03 Exemptions: An ordinance to amend §174.03 Exemptions of Chapter 174 Signs of the Fayetteville Code to allow advertising on pedicabs. This ordinance was left on the First Reading at the March 15, 2011 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING. 4. Amend §117.47 Advertising: An ordinance to amend §117.47 Advertising of the Fayetteville Code to remove authorization to place advertising signs on taxicabs. This ordinance was left on the First Reading at the March 15, 2011 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING. C. New Business: 1. VAC 11-3764 (Ozark Dermatology): An ordinance approving VAC 11-3764 submitted by McClelland Consulting Engineers, Inc. for property located at 152 East Appleby Road to vacate a portion of a utility easement, a total of 436 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5394 2. ADM 11-3773 (Bungalows at Cato Springs R-PZD Amendment No. 2): An ordinance amending a residential planned zoning district entitled R-PZD 05-1797 Bungalows at Cato Springs to revise the zoning criteria for Planning Area Two, to include Use Unit 12, Limited Business, as a permitted use on lot number 30. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5395 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. ESRI, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract with ESRI, Inc. in the amount of $31,682.50 for maintenance and upgrades to Geographic Information System Software for 2011 and for future years. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5396 4. J. E. Lindsey Family Limited Partnership Condemnation & Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by the J.E. Lindsey Family Limited Partnership needed for water and sewer improvements along Crossover Road (State Highway 265). THIS ITEM WAS TABLED INDEFINITELY. Announcements: Adjournment: 7:10 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: April 5,2011 Adjourn: Subject: Roll Lewis ✓ Gray Thiel ✓ GN^�^ Kinion GnA Petty ✓ �L/v Tennant ✓ Ferrell !/ Adams Mayor Jordan ✓ . p Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: April 5,2011 Subject: Consent Motion To: A RP Motion By: Seconded: Lewis Gray Cc �Sen4 m i nLAt[4 Thiel 6 Kinion ✓ f 5 i l Petty ✓ Tennant ✓ n Ferrell t/ AAaaa� Adams fru. Mayor Jordan 7'D Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Kinion Petty Tennant Ferrell ,Adams Mayor Jordan City Council Meeting: April 5,2011 Subject: Huntingdon Heights Appeal Motion To: Motion By: Seconded: B. 1 Lewis Unfinished Gray Business Thiel nom, Kinion Petty Tennant Ferrell Adams Mayor Jordan Subject: Amend 117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes Motion To: OAw v-J +O�m�2 G A1��i 10 Motion By: P &kQ coq-t( 44A- Seconded: n;GYM„ B 2 Lewis ✓ ✓ Unfinished Gray QbSen� Q Q1Se�. Business Thiel ✓ ✓ Kinion ✓ o UO Fe L_ Petty +� Tennant ,/ d Ferrell ✓ � � �, 9 dams '✓ ✓ .0 ap-Iq-11 Mayor Jordan �-o Ta City Council Meeting: April 5,2011 Subject: Amend 174.03 Exemptions Motion To: lid Motion By: , C d Seconded: B.3 Lewis Unfinished Gray OASen A- Business Thiel ✓ Kinion V� Pew ✓ ��V��VVVean� Tennant / rV ; Ferrell Adams Mayor Jordan _Q Subject: Amend §117.47 Advertising Motion To: d (� Motion By: Seconded: e B. 4 Lewis Unfinished Gray CtDSen �' Business Thiel tom' Kinion44U Sj� ✓ Petty r , 0 Tennant V/'Ferrell Adams Mayor Jordan City Council Meeting: April 5,2011 Subject: VAC 11-3764 (Ozark Dermatology Motion To: n Motion By: a� Seconded: C. 1 Lewis ✓ //�� New Gray YT 6 J ,5 Business Thiel vl� V Kinion V°, Petty ✓ vol� ✓ n n Tennant ✓ 1 ✓ �Jt�9p3Q 4 Ferrell ✓/ v�` v S3J Adams Mayor Jordan Subject: ADM 11-3773 (Bungalows at Cato Springs R-PZD Amendment No. 2) Motion To: n _( !�V( rd �Motion By: Seconded: tArv, C 2 Lewis ✓ �/ New Gray Business Thiel 1� Kinion ✓ ✓ �/ Petty ✓ l� �/ I Tennant 53g5 Ferrell e/ ✓ r Adams .� Mayor Jordan City Council Meeting: April 5, 2011 Subject: ESRI,Inc. Motion To: M 3 r Motion By: Seconded: C.3 Lewis y/ New Gray Business Thiel �J` ✓ �/ Kinion ✓ �' ✓ Pn Petty f ✓ Tennant �' ✓ ✓�� Ferrell (� Adams ✓ ✓ Mayor Jordan 17-0 Subject: J. E. Lindsey F mily Limited Partnership Condemnation & Possession Motion To: Motion By: , Seconded: C. 4 Lewis New Gray �c Business Thiel Kinion e/ Petty r� Tennant ' Ferrell Adams Mayor Jordan • t� a eVl le Departmental Correspondence LEGAL y ARKANSAS DEPARTMENT Kit Williams TO: Mayor Jordan City Attorney Jason B.Kelley THRU: Sondra Smith, City Clerk Assistant City Attorney FROM: Kit Williams, City Attorney DATE: April 6, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of March 15, 2011 1. Carrier Corporation: A resolution authorizing a contract with Carrier Corporation in the amount of$3,476.00 for the purchase and installation of HVAC controls added to the contract authorized by Resolution No. 184-10 for the police department building. 2. King Electrical Contractors: A resolution authorizing a contract with King Electrical. Contractors in the amount of $1,075.00 for the purchase and installation of lighting work added to the contract authorized by Resolution No. 185-10 for the police department building. 3. Animal Services Citizen Donation Revenue: A resolution approving a budget adjustment in the amount of $17,464.00 representing citizen donation revenue to the Animal Services Division during the fourth quarter of 2010. 4. U.S. Geological Survey: A resolution approving a contract with the United States Geological survey in the amount of $19,600.00 to model the upper end of the Be3aver Reservoir related to the White River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology Commission, and approving a $4,000.00 project contingency. 5. Mitchell, Williams, Selig, Gates & Woodyard, PLLC: A resolution approving a contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the maximum amount of $48,000.00 for the provision of legal services related to the White River Water Quality Standards Petition to the Arkansas Pollution Control and Ecology Commission. 6. Fayetteville MPOID Appointments: A resolution to appoint John Russell Meeks, Melissa Meeks and Patricia Chamber Dixon as successor Commissioners for Fayetteville Municipal Property Owners' Improvement District No. 12 —Belclaire. 7. Amendment to Resolution No. 210-10 (Bid #10-66): A resolution amending Resolution No. 210-10 to approve a project contingency of$8,000.00. S. Fayetteville Police Department Policy Changes: A resolution approving amendments to Fayetteville Police Department policies 16.2.3 Temporary Light Duty, 41.1.4 Bicycle Patrol, 41.3.5 Grooming and Uniform Requirements and 52.1.1 Office3 of Professional Standards. 9. ESRI, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract with ESRI, Inc. in the amount of$231,682.50 for maintenance and upgrades to geographic information system software for 2011 and for future years. Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting April 5, 2011 A meeting of the Fayetteville City Council will be held on April 5, 2011 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 City Council Agenda Session Presentations: Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the March 15, 2011 City Council meeting minutes and the March 22, 2011 Special City Council meeting minutes. 2. Carrier Corporation: A resolution authorizing a contract with Carrier Corporation in the amount of$3,476.00 for the purchase and installation of HVAC controls added to the contract authorized by Resolution No. 184-10 for the Police Department building. 3. King Electrical Contractors: A resolution authorizing a contract with King Electrical Contractors in the amount of$1,075.00 for the purchase and installation of lighting work added to the contract authorized by Resolution No. 185-10 for the Police Department building. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Animal Services Citizen Donation Revenue: A resolution approving a budget adjustment in the amount of $17,464.00 representing citizen donation revenue to the Animal Services Division during the fourth quarter of 2010. 5. United States Geological Survey (USGS): A resolution approving a contract with the United States Geological Survey (USGS) in the amount of$19,600.00 to model the upper end of the Beaver Reservoir related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission, and approving a $4,000.00 project contingency. 6. Mitchell, Williams, Selig, Gates & Woodyard, PLLC: A resolution approving a contract with Mitchell, Williams, Selig, Gates & Woodyard, PLLC in the maximum amount of$48,000.00 for the provision of legal services related to the White River water quality standards petition to the Arkansas Pollution Control and Ecology Commission. 7. Fayetteville Municipal Property Owners' Improvement District Appointment: A resolution to appoint John Russell Meeks, Melissa Meeks and Patricia Chambers Dixon as successor commissioners for Fayetteville Municipal Property Owners' Improvement District No. 12 - Belclaire. 8. Amend Resolution No. 210-10 Bid #10-66: A resolution amending Resolution No. 210- 10 to approve a project contingency of$8,000.00. 9. Fayetteville Police Department Policy Changes: A resolution approving amendments to Fayetteville Police Department Policies 16.2.3 Temporary Light Duty, 41.1.4 Bicycle Patrol, 41.3.5 Grooming and Uniform Requirements, and 52.1.1 Office of Professional Standards. B. Unfinished Business: 1. Huntingdon Heights Appeal: An appeal of the City Engineer's determination regarding the driveway approach at 3172 Warwick Dr. This item was tabled at the February 3, 2011 City Council meeting to the February 15, 2011 City Council meeting. This item was tabled at the February 15, 2011 City Council meeting to the March 15, 2011 City Council meeting. This item was tabled at the March 15, 2011 City Council meeting to the April 5, 2011 City Council meeting. 2. Amend §117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes: An ordinance to amend §117.102 Pedicab Permitted Zone of Operation and Approved Fixed Routes (B) Route Approval and (F) of the Fayetteville Code to allow use of pedicabs on streets with a posted speed limit of thirty-five (35) miles per hour or higher if authorized by the Transportation Services Director and (D) to allow pedicabs to operate on Scull Creek Trail, Mud Creek Trail and Frisco Trail. This ordinance was left on the First Reading at the March 15, 2011 City Council meeting. 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 3. Amend §174.03 Exemptions: An ordinance to amend §174.03 Exemptions of Chapter 174 Signs of the Fayetteville Code to allow advertising on pedicabs. This ordinance was left on the First Reading at the March 15, 2011 City Council meeting. Left on the First Reading 4. Amend §117.47 Advertising: An ordinance to amend §117.47 Advertising of the Fayetteville Code to remove authorization to place advertising signs on taxicabs. This ordinance was left on the First Reading at the March 15, 2011 City Council meeting. Left on the First Reading C. New Business: 1. VAC 11-3764 (Ozark Dermatology): An ordinance approving VAC H-3764 submitted by McClelland Consulting Engineers, Inc. for property located at 152 East Appleby Road to vacate a portion of a utility easement, a total of 436 square feet. 2. ADM 11-3773 (Bungalows at Cato Springs R-PZD Amendment No. 2): An ordinance amending a residential planned zoning district entitled R-PZD 05-1797 Bungalows at Cato Springs to revise the zoning criteria for Planning Area Two, to include Use Unit 12, Limited Business, as a permitted use on lot number 30. 3. ESRI, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract with ESRI, Inc. in the amount of $31,682.50 for maintenance and upgrades to Geographic Information System Software for 2011 and for future years. 4. J. E. Lindsey Family Limited Partnership Condemnation & Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by the J.E. Lindsey Family Limited Partnership needed for water and sewer improvements along Crossover Road (State Highway 265). Announcements: Adjournment: 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 parties may appear and be heard before the City Council. Ifyou wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 1 of 12 JAMES N. MCCORD Attorney at Law The FUlbright Building 217 E. DICKSON STREET SUITE #102 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 442-1490 jimmccordlaw windstream net March 24, 2011 Hon. Lioneld Jordan, Mayor VIA HAND DELIVERY City Administration Building 113 W. Mountain Fayetteville, AR 72701 Re: City Council Resolution to Appoint Three Successor Commissioners for Vacancies on Board of Commissioners of Fayetteville Municipal Properly Owners' Improvement District No. 12- Belclaire Dear Mayor Jordan: I am District Counsel for Fayetteville Municipal Property Owners' Improvement District No. 12- Belclaire (the "District"). There are three vacancies on the Board of Commissioners for the District. Ark. Code Ann. Sec. 14-94-107(a)(2)(A) provides that in case of a vacancy on the board of commissioners after all the improvements in the district have been completed, the governing body of the municipality shall select the successor. The infrastructure improvements for Belclaire subdivision, which comprises the District, were completed several months ago, and the final plat was recorded. Enclosed for consideration by the Fayetteville City Council is a resolution which would appoint three successor commissioners. All of the proposed successor commissioners qualify by statute to serve as commissioners, and have agreed to serve. A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 2 of 12 This letter replaces my letter to you dated March 14, 2011. �1c rely, } / James N. McCord pe: Kit Williams, City Attorney (via hand delivery) Sondra Smith, City Clerk (via hand delivery) John Russell Meeks (via e-mail) A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 3 of 12 RESOLUTION NO. A RESOLUTION TO APPOINT JOHN RUSSELL MEEKS, MELISSA MEEKS AND PATRICIA CHAMBERS DIXON AS SUCCESSOR COMMISSIONERS FOR FAYETTEVILE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 12— BELCLAIRE WHEREAS, Fayetteville Municipal Property Owners' Improvement District No. 12 — Belclaire was established upon petition of all the property owners in the District by Ordinance No. 4805 passed and approved by the Fayetteville City Council on December 20, 2005; and WHEREAS, this Ordinance appointed as commissioners of the Belclaire District the three individuals named in the petition to establish the District; and WHEREAS, the City Clerk has received signed resignations from all three of the Commissioners of the District; and WHEREAS, A.C.A. §14-94-107(a)(2)(A) provides that in case of a vacancy on the Board of Commissioners after all improvements in the district have been completed, the governing body of the municipality shall select successor commissioners who shall be a creditor or a property owner in the district, or their representative; and WHEREAS, all the improvements in the District have been completed; and WHEREAS, Belclaire, LLC owns most of the lots in the District and has designated John Russell Meeks, Melissa Meeks and Patricia Chambers Dixon to be named and appointed as the Commissioners of the District. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby appoints John Russell Meeks, Melissa Meeks and Patricia Chambers Dixon as successor Commissioners of Fayetteville Municipal Property Owners' Improvement District No. — Belclaire. PASSED and APPROVED this 5tl' day of April, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 4o 1,2-I\; ft i\is FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 12- BELCLAIRE RESIGNATION OF COMMISSIONER 1, Brandon Barber, hereby resign as a commissioner of Fayetteville Municipal Property Owners' Improvement district No. 12- Belclaire effective immediately. Executed this ! day of November, 2010. Bran on arber Witness: n --- k P Printed name: !/le— `" A.7 Fayetteville Municipal Property Owners' p Imprompment,pistriptAppoi ,ent i V Pag I — FAYFTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT AUG 1 8 2008 DISTRICT NO. 12- BELCLAIRE 1,1*), V, RESIGNATION OF COMMISSIONER 1, Brandon Rains, hereby resign as a commissioner of Fayetteville Municipal Property Owners' Improvement district No. 12- Belclaire effective July 23, 2008, Executed July 23, 2008. --------------- - Brandon Rains Wittles, Printed name:a , 11 - A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 6 of 12 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 12- BELCLAIRE RESIGNATION OF COMMISSIONER I, Seth Kaffka, hereby resign as a commissioner of Fayetteville Municipal Property Owners' Improvement district No. 12- Belclaire effective immediately. Executed this Z� day of March, 2011. Seth fka Witness: Printed name: c .1 6#o�er RECEIVED MAR 2 5 2011 CITY OF FAYF'F J !_£. CIlY CiFRIK 5()Wr C A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Doc ID: 013594070003 Type: REL Kind: COt1MISSIONOR DEED Recorded: OS/17/2010 at 09:04:26 AM Fee Amt: $20.00 Paee 1 of 3 Washington Countv. AR 0Bette Stamos Circuit Clerk File2010-00023361 COMMISSIONER'S DEED FORECLOSURE Case No: CV2008.2533.2 THIS INDENTURE, Made this 9 day of AugustA,D.2010 by and between Bette Stamps as Commissioner in Circuit,party of thefirst part hereto,and Belclalre, LLC, party of the second part hereto,witnesseth,That WHEREAS,At aterm of the Washington Circuit Court,begun and held in and fortheCounty of Washington in the State of Arkansas,on the tat Monday in July A.D.,2010 it was by said court,onthe 11 day of May A.D., 2010,a day of said term, among other things,ordered,adjudged and decreed in a certain civil action in equity then pending therein,between First Federal Bank fka First Federal Bank of Arkansas, PA,Plaintiff(s), and Dream Team Holdings 1,LLC,aka Dream Team Holding q1,LLC;Brandon.Baberaka Brandon Barber;Seth K.Kaffka aka Seth Kaffka;Brandon Rains,John Russell Meeks; Fayetteville Municipal Property Owners'Improvement District No.12-Belclalre,FirstArkansas Bank&Trust;First Arkansas Bank&Trust;as trustee,84 Lumber Co.,A PA Limited Partnership„Defendant(s),that they,the said defendant(s),do pay to plaintiff(s)the sum of Dollars with interest thereon from the date of said decree until paid; and all costs,being the amount adjudged to be due in the decree inaction,and secured by a certain mortgage recorded in the Recorder's Office of said Washington County.And that in default of payment of said sum,or any portion thereof,on or before 10 days afterthe rendition of said decree,that all right,title,interest and equity of redemption of said defendant(s)to said original complaint, and all the right and possibility of dower of the defendant(s)in and to the following described real estate,to wit: THE SW 1/4 OF THE NW Y.OF SECTION 28,TOWNSHIP 17 NORTH,RANGE 30 WEST,WASHINGTON COUNTY, ARKANSAS. Subject property was plated into Lots 1 through 99 of Belclaire Estates Subdivision to the City of Fayetteville, Arkansas,as shown on Final Plat 23A at Page 302 on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County Arkansas. situate in Washington County,Arkansas,be foreclosure and foreverbarred;that after theCommissioner shall have given notice of the time,place and terms of sale,in the manner,and forthe time prescribed in said decree,the said lands)be sold by BETTE STAMPS party of the first part hereto (who was by said Court in said decree nominated and appointed Commissioner of said Court forthat purpose),at public vendue,to the highest bidder,on a credit of three months,at the door of the Circuit Clerk's office,Suite 302 In Washington County,Arkansas,in which said Court is held,between the hours prescribed bylaw for judicial safes,on a day to be fixed by said Commissioner. AND WHEREAS,That said sum($)of money,interest and costs aforesaid,for the of 10 days after the rendition of said decree did remain wholly unpaid; and said party of the first part, as such Commissioner, pursuant to the order and directions contained in said decree,gave notice,fora greater period than ten days priorto the day of sale,of thetime,place and terms for sale of said parcel(a)of land,by the publication of an advertisement thereof,the number of Insertions and in the manner prescribed by the terms of said decree,in the Morning News, a newspaper printed and published in said County of Washington,and having a bona fide circulation therein,that she,as such Commissioner,would on the 9 day of August A.D.,2010 between the hours,at the place,and on the terms set forth in said advertisement,offer said land and premises for sale;and on that day,between the hours prescribed bylaw for judicial sales,did offer said parcel(s)of land and premises for sale at public vendue to the highest bidder,on a credit of three months,at the front door of the Circuit Clerk in the Washington County Courthouse;and at such offering so made to the said party(les)of the second part did bid and offerfor said parcel(s)of land and premises,the sum of Two million,eight hundred thousand ($2,800,000.00)Dollars. AND WHEREAS,That said party of the second part executed and delivered to me, as such Commissioner,a note with approved securities, payable three months after date and bearing interest as required by said decree,for the purchase money so bid at such sale. 1 File Number: 201000023361 Page 1 of 3 A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 8 of 12 AND WHEREAS,The undersigned as such Commissioner,did make a written report of the sale so made by harto the said Circuit Court,and the same was by the court in all things approved and the sale confirmed,and the undersigned,as such Commissioner,was ordered to make a deed to the said purchaser,as will appear by referenceto the duly entered order(s)of said Court In said action. NOW,THEREFORE,The undersigned, as Commissioner In Circuit as aforesaid,and as party of the first part to these presents,in orderto carry Into effect the sale made as aforesaid In pursuance of the decree of said Circuit Court,to convey the title of the parties hereinafter named to sold lands)and premises, pursuant to the orders of said Court, and in consideration of the premises and the said sum of$Two million,eight hundred thousand ($2,800,000.00) said as aforesaid, hath granted,bargained and sold and by these present doth grant,bargain,sell and convey,unto the said Belclaire,LLC, party(les)of the second part hereto,all the right,title,Interest of claim,within law or equity,of Dream Team Holdings 1, LLC,aka Dream Team Holding#1,LLC;Brandon,Saber aka Brandon Barber;Seth K.Kaffka aka Seth Kaffka;Brandon Rains,John Russell Meeks;Fayetteville Municipal Property Owners'Improvement District No.12-Belclaire,First Arkansas Bank&Trust;First Arkansas Bank&Trust;as trustee,84 Lumber Co.,A PA Limited Partnership,the said defendants, including the dotal rights if any and all other parties to said suit in Circuit, in or to said parcel(s) of land,with all Improvements thereon,and all the singularthe rights,privileges,hereditaments,and appurtenances thereunto belonging,or in anywise appertaining. TO HAVE AND TO HOLD,the said tract(s)or parcel(s)of land(s)and premises,together with all Improvements thereon, and all privileges and appurtenances thereunto belonging,or in anywise appertaining,unto the said party of the second part and their heirs and assigns forever. IN TESTIMONY WHEREOF,I,BETTE STAMPS the said parry of the first a ,hereunto subscribe a and affix my seal,as such Commissioner in Circuit,on day first herein above written. STA mmissioner Circuit ourt STATE OF COUNTY OFWASHINGTON aq�gNSaS ti s•. IN THE WASHINGTON CIRCUIT COURT AT THE JULY TERM THEREOF,A.D.,2010 �reH Cout1 y ON THE 9 day of August A.D., 2010 ^^"•" First Federal Bank fka First Federal Bank of Arkansas,PA PLAINTIFF(S) V.S. CV 2008.2533.2 Dream Team Holdings 1,LLC,aka Dream Team Holding#1,LLC;Brandon.Baber aka Brandon Barber;Seth K.Kaffka aka Seth Kaffka;Brandon Rains,John Russell Meeks;Fayetteville Municipal Property Owners'Improvement District No.12• Belclaire,First Arkansas Bank&Trust;First Arkansas Bank&Trust;as trustee,84 Lumber Co.,A PA Limited Partnership DEFENDANT(S) On this day comes BETTE STAMPS the Commissioner appointed to execute the decree rendered in this action,and here present to the Court her deed,as such Commissioner,to Belclaire,LLC,the purchaser of the land(s)and premises 2 File Number: 201000023361 Page 2 of 3 A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 9 of 12 described and condemned to sale in said decree,and upon examination of said deed the same is by the Court in all things approved.And thereupon the said BETTE STAMPS,as such Commissioner,here in open Court doth acknowledge that she has executed said deed to said Selclaire,LLC to the land(s)and premises therein described. For the consideration,uses and purposes therein mentioned and set forth.And thereupon the Court doth orderthat a transcript of this order of approval and entry of acknowledgment be indorsed upon said deed and duly certified by the Clerk,underthe seal of this Court,to the end thatthe same may be admitted to record in the office of the Recorder of Washington County,Arkansas. IN TESTIMONY,Thatthe foregoing partof one page of printed and written matter contains a true,complete and compared transcript of this order of approval and entry of acknowledgment,duty entered to record in the Record Book of the Circuit Court of Washington County,Arkansas,1,BETTE STAMPS as Clerk of s ourt,do hereunto subscribe my name,and hereto affix the seal of said Court,at the office of the Clerk of said Coui13�1�*AMPS, ounty,o s th of August A.D. 2010 m ssi er i;Cir it Court pf �i„I ARIfgNS43 roAj COVaty 3 File Number: 201000023361 Page 3 of 3 A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 10 of 12 March 21,2011 Kit Williams Fayetteville City Attorney 113 W. Mountain, Suite 302 Fayetteville,AR 72701 Re: Successor Commissioners for Fayetteville Municipal Property Owner's Improvement District No. 12- Belclaire Dear Mr. Williams: The following information is supplied in response to your letter dated March 15, 2011,to James N. McCord, District Counsel for Fayetteville Municipal Property Owners' Improvement District No. 12-Belclaire (the"District"). Enclosed is a copy of the deed conveying all lots in Belclaire subdivision to Belclaire, LLC, an Arkansas limited liability company. I am the Managing Member of Belclaire, LLC. Belclaire, LLC is entirely owned by PCD, FLP, an Arkansas limited partnership. The General Partner of PCD, FLP is Patricia Chambers Dixon(my mother). The other partners are Melissa Meeks(my sister) and me. This will confirm that the two companies have designated the following individuals to be selected and appointed by the Fayetteville City Council as successor Commissioners for the District: John Russell Meeks, Patricia Chambers Dixon and Melissa Meeks. If the City of Fayetteville requires written documentation of any information set out in this letter,please advise me,and I will provide it. The Final Plat for Belclaire Subdivision was recorded August 15, 2007, with the Washington County Clerk and Ex-Officio Recorder as File No. 00000302. All infrastructure improvements required by Fayetteville development ordinances were completed and approved by the City before the Final Plat could be recorded. Should you have any questions,please contact me. Sincerely, ohn Russell Meeks pc: James N, McCord A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 11 of 12 JAMES N. MCCORD Attorney at Law The Fulbright Building 217 E. DICKSON STREET SUITE #102 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 442-1490 iimmccordlaw(abwindstream net March 24, 2011 Kit Williams VIA HAND DELIVERY Fayetteville City Attorney City Administration Building 113 W. Mountain Fayetteville, AR 72701 Re: City Council Resolution to Appoint Three Successor Commissioners for Vacancies on Board of Commissioners of Fayetteville Municipal Property Owners' Improvement District No. 12- Belclaire Dear Kit: In response to your letter dated March 15, 2011, enclosed are the following: (a) Filed Resignations of Commissioners Brandon Barber and Brandon Rains (Yesterday, Commissioner Seth Kaffka mailed me his signed Resignation. Upon receipt of Kaffka's Resignation, probably tomorrow, I will file it with the City Clerk's office and deliver a copy to you.) (b) Recorded Commissioner's Deed conveying all lots in Belclaire subdivision to Belclaire, LLC; (c) Letter to you dated March 21, 2011 from John Russell Meeks, managing member of Belclaire, LLC. I have prepared and e-mailed you a revised Resolution to appoint three successor commissioners for the Belclaire MOID Board of Commissioners. A.7 Fayetteville Municipal Property Owners' Improvement District Appointment Page 12 of 12 Thank you for your assistance. Should there be any questions, please contact me. Sincerely, les N. McCord pc: Sondra Smith, City Clerk (via hand delivery) John Russell Meeks (via c-mail) City Council Meeting Minutes March 15,2011 Page I of 17 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis City of Fayetteville Arkansas City Council Meeting Minutes March 15, 2011 A meeting of the Fayetteville City Council was held on March 15, 2011 at 6:00 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 Gray, Kinion, Petty, Tennant, Ferrell, Adams, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Thiel Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: Nominating Committee Report Alderman Gray moved to suspend the rules and add the Nominating Committee Report to the agenda. Alderman Ferrell seconded the motion. Upon roll call the motion passed 7-0. Alderman Thiel was absent during the vote. Alderman Gray gave the Nominating Committee Report. A copy of the report is attached. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes March 15,2011 Page 2 of 17 Alderman Ferrell moved to approve the Nominating Committee Report. Alderman Adams seconded the motion. Alderman Petty: Obviously there has been some confusion with the process. Our City Clerk handed out a timeline which has been very helpful. I was wondering if we could get a little more detail from the Nominating Committee on what happened with the Walton Arts Center Council nomination. Alderman Gray: We followed the procedures that we've always followed. She explained the timeline of the correspondence between the City and the Walton Arts Center Council. City Clerk Sondra Smith: On the day of the application deadline we received an application from Steve Clark. It came in before the deadline. Alderman Petty: On the timeline it says we received a rescinding resignation for Curt on March 81h which was a little more than a week after the application deadline. Did the Walton Arts Center have internal discussions with Curt before that date where he told them he had worked out another arrangement and he was not going to resign? Hershey Garner, Chair of the Trustee Committee of the Walton Arts Center: Yes and Terry probably has that timeline. That is why we were not aware that there was an opening. Curt sent Peter a letter and copied the Mayor. He explained his interpretation of the resignation letter. Matthew Petty: Is your main concern, with the solution the Nominating Committee came up with, to keep Curt through the end of June and then bringing Mr. Clark on board, that Mr. Clark would be a first term member? Do you want to keep as many of the third term members as you can? Hershey Garner: That is a major concern in the process of the issue. We had a letter of resignation, we had discussion between Peter and the trustee committee and we thought we had resolved that. We were not looking for a board position except for the positions that are due to come up in June of this year. Technically the Arts Center received a notification about the opening. The Mayor received a letter that explained why we felt that position could be argued was not open and why if it was it was important to keep Curt there through his term. I want to do what is right, what makes sense and what is in the Arts Center and City's best interest. City Clerk Sondra Smith: We have an email list in the City Clerk's office and we add anyone to the email list that has requested to get information from our office. The openings were also advertised on our local television channel. Hershey Garner: This is nothing about Steve. He will be an excellent candidate when we have a position open. It's a question about the process and the resources that we spent seven years cultivating. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316