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HomeMy WebLinkAbout2013-02-05 - Agendas - Final fT� Aldermen Mayor Lioneld Jordan Fayve e T i le Ward 1 Position 1 —Adella Gray Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion ARKANSAS Ward 2 Positron 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant 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 February 05, 2013 A meeting of the Fayetteville City Council will be held on February 05, 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. Dr. Martin Luther King Brotherhood Award for 2013 Presentation — Presented by Kit Williams 2. 4th Quarter Financial Report 2012 Agenda Additions: A. Consent: 1. Approval of the January 15, 2013 City Council meeting minutes. APPROVED 2. C112M Hill Engineers, Inc.: A resolution approving a revision to an out-of-scope agreement with CH2M Hill Engineers, Inc. in the amount of $154,550.00 to continue work on a Use Attainability Analysis (UAA) for the White River, maintaining the existing $50,000.00 contingency, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 19-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Gulf Coast High Intensity Drug Trafficking Area: A resolution approving a budget adjustment in the amount of$115,608.00 recognizing revenue from the office of National Drug Control Policy Gulf Coast High Intensity Drug Trafficking Area. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 20-13 4. McClelland Consulting Engineers, Inc. Amendment No. 2: A resolution approving Amendment No. 2 to the contract with McClelland Consulting Engineers, Inc. for Airport Engineering Services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 21-13 5. T-Hangar Lease Agreements: A resolution to approve T-Hangar lease agreements in 2013 and through 2014 at the current rental rate or as adjusted upward by the Airport Board for all T-Hangars rented at the Fayetteville Executive Airport. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 22-13 6. Animal Shelter Donation Revenue: A resolution approving a budget adjustment in the total amount of $18,626.00 representing donation revenue to the Animal Services Division for the fourth quarter of 2012 and including a grant award from the ASPCA in the amount of$4,500.00 to fund the animal shelter's transport program for 2013. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 23-13 7. Old Square, Inc.: A resolution approving a two-year lease agreement with Old Square, Inc., for the annual rental amount of$9,000.00 to lease approximately 3,500 square feet for document storage. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 24-13 8. Sales Tax Collection Information Support: A resolution stating the support of the City of Fayetteville to state statutory amendments authorizing improvements in the information provided to local governments by the State related to collections of local sales and use taxes. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 25-13 B. Unfinished Business: 1. Kum & Go, L.C.: A resolution to authorize Mayor Jordan to sell about two acres of the Tyson Factory Property on Huntsville Road for $900,000.00 to Kum& Go, L.C., to agree to cost share with Kum & Go roads or driveways within the Tyson Property adjoining this two acre parcel and the demolition of the factory, and to recommend rezoning this parcel to Neighborhood Commercial or other zoning district satisfactory to Kum & Go, L.C. This item was tabled at the January 15, 2013 City Council meeting to the February 5, 2013 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 26-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. New Business: 1. Amend Section 33.361 Departments, Boards, Commissions, and Authorities: An ordinance amending Section 33.361 Composition of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville to change the structure of City and University appointments to the Town and Gown Advisory Committee. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5564 2. Amend 2013 City Budget: A resolution amending the 2013 city budget by reappropriating up to $48,086,200.00 in bonded or ongoing capital projects, outstanding obligations and grant-funded items previously appropriated in the 2012 city budget but not completed or delivered in 2012. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 27-13 3. Woolsey Aviation Inc. DBA Million Air of Fayetteville: A resolution approving the termination of the fixed-base airport operations contract with Woolsey Aviation Inc. DBA Million Air of Fayetteville, approving a budget adjustment in the amount of $1,786,452.00 for the implementation and funding of a city-operated fixed-base airport operation, and further approving the addition of 6.6 full-time equivalent employee positions in the Aviation Division for the operation. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 28-13 D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: Adjournment: 8:09 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: February 5,2013 Adjourn: i 1 PA4— Subject: Roll Petty Tennant Schoppmeyer ✓ Adams Long ✓ Gray ✓ Marsh ✓ Kinion Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer Adams Long Gray Marsh Kinion Mayor Jordan City Council Meeting: February 5,2013 Subject: Consent Motion To: Motion By: Seconded: nrt MIAU;(Wd Petty ,/ Tennant Schoppmeyer Adams We- Long /Long Gray ✓ Marsh rf Kinion n _ 1 Mayor Jordan of e-0 Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer Adams Long Gray Marsh Kinion Mayor Jordan City Council Meeting: February 5,2013 1 6ev �,t -¢es /,AaG,oao Subject: Kum & Go,L.C. uwtC 4/ / vol aPErp 'a.P Motion To: 1 " /�w."� 60 Motion By: eA Seconded: n n B. 1 Petty vo- Unfinished Tennant ,/ e� Business Schoppmeyer f t� K WM Go Adams N Long ✓ Jv PMA.JJ- Gray ✓ s0 Marsh ✓ (t/ Kinion ✓ +/ � Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer Adams Long Gray Marsh Kinion Mayor Jordan City Council Meeting: February 5,2013 Subject: Amend Section 33.361 Departments,Boards, Commissions,and Authorities !Seoctondedy] ion To otion B : C. 1 Petty ✓ we 6001, New Tennant ✓ wlw� Business Schoppmeyer ✓ +/ Adams ✓" v' We- Long Long Gray Marsh a° d` Kinion 5 Mayor Jordan Subject: Amend 2013 City Budget Motion To: Motion By: Seconded: C. 2 Petty ✓ New Tennant ✓ Business Schoppmeyer Adams Vol' p Q/Y4A Long t✓ Gray Marsh Kinion aMayor Jordan �-D City Council Meeting: February 5,2013 Subject: Woolsey Aviation Inc. DBA Million Air of Fayetteville Motion To: Motion By: Seconded: C.3 Petty ✓ New Tennant V", Business Schoppmeyer e/ Adams ✓ Long PQ4,5,tiQ Gray ✓ Marsh ✓ Kinion ✓ O- I Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer Adams Long Gray Marsh Kinion Mayor Jordan a7ylZUa Departmental Correspondence LEGAL www.accessfayetteville.org DEPARTMENT Kit Williams cityAttorney TO: Mayor Jordan Jason B.Kelley Assistant City Anorney THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney�C DATE: February 6, 2013 RE: Passed ordinances and resolutions for February 5, 2013 meeting 1. C112M Hill Engineers, Inc.: A resolution approving a revision to an out-of-scope agreement with CH2M Hill Engineers, Inc. in the amount of $154,550.00 to continue work on a Use Attainability Analysis (UAA) for the White River, maintaining the existing$50,000.00 contingency, and approving a budget adjustment. 2. Gulf Coast High Intensity Drug Trafficking Area: A resolution approving a budget adjustment in the amount of$115,608.00 recognizing revenue from the office of National Drug Control Policy Gulf Coast High Intensity Drug Trafficking Area. 3. McClelland Consulting Engineers, Inc. Amendment No. 2: A resolution approving Amendment No. 2 to the contract with McClelland Consulting Engineers, Inc. for Airport Engineering Services. 4. T-Hangar Lease Agreements: A resolution to approve T-Hangar lease agreements in 2013 and through 2014 at the current rental rate or as adjusted upward by the Airport Board for all T-Hangars rented at the Fayetteville Executive Airport. 5. Animal Shelter Donation Revenue: A resolution approving a budget adjustment in the total amount of $18,626.00 representing donation revenue to the Animal Services Division for the fourth quarter of 2012 and including a grant award from the ASPCA in the amount of$4,500.00 to fund the animal shelter's transport program for 2013. 6. Old Square, Inc.: A resolution approving a two-year lease agreement with Old Square, Inc., for the annual rental amount of$9,000.00 to lease approximately 3,500 square feet for document storage. 7. Sales Tax Collection Information Support: A resolution stating the support of the City of Fayetteville to state statutory amendments authorizing improvements in the information provided to local governments by the State related to collections of local sales and use taxes. 8. Kum & Go, L.C.: A resolution to authorize Mayor Jordan to sell about two acres of the Tyson Factory Property on Huntsville Road for $1,115,001.00 to Kum & Go, L.C., to agree to cost share with Kum & Go for roads or driveways within the Tyson Property adjoining this two acre parcel and the demolition of the factory and all other terms of the Land Sale Agreement and its Addendum, and to recommend rezoning this parcel to Neighborhood Commercial or other zoning district satisfactory to Kum & Go, L.C. 9. Amend Section 33.361 Departments, Boards, Commissions, and Authorities: An ordinance amending Section 33.361 Composition of Chapter 33: Departments, Boards, Commissions,and Authorities of the Code of Fayetteville to change the structure of City and University appointments to the Town and Gown Advisory Committee. 10.Amend 2013 City Budget: A resolution amending the 2013 city budget by reappropriating up to $48,086,200.00 in bonded or ongoing capital projects, outstanding obligations and grant-funded items previously appropriated in the 2012 city budget but not completed or delivered in 2012. 11. Woolsey Aviation Inc. DBA Million Air of Fayetteville: A resolution approving the termination of the fixed-base airport operations contract with Woolsey Aviation Inc. DBA Million Air of Fayetteville, approving a budget adjustment in the amount of $1,786,452.00 for the implementation and funding of a city-operated fixed-base airport operation, and further approving the addition of 6.6 full-time equivalent employee positions in the Aviation Division for the operation. 2 Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Faye eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—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 February 05, 2013 A meeting of the Fayetteville City Council will be held on February 05, 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. Dr. Martin Luther King Brotherhood Award for 2013 Presentation — Presented by Kit Williams 2. 4th Quarter Financial Report 2012 Agenda Additions: A. Consent: 1. Approval of the January 15, 2013 City Council meeting minutes. 2. C112M Hill Engineers, Inc.: A resolution approving a revision to an out-of-scope agreement with CH2M Hill Engineers, Inc. in the amount of $154,550.00 to continue work on a Use Attainability Analysis (UAA) for the White River, maintaining the existing $50,000.00 contingency, and approving a budget adjustment. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Gulf Coast High Intensity Drug Trafficking Area: A resolution approving a budget adjustment in the amount of$115,608.00 recognizing revenue from the office of National Drug Control Policy Gulf Coast High Intensity Drug Trafficking Area. 4. McClelland Consulting Engineers, Inc. Amendment No. 2: A resolution approving Amendment No. 2 to the contract with McClelland Consulting Engineers, Inc. for Airport Engineering Services. 5. T-Hangar Lease Agreements: A resolution to approve T-Hangar lease agreements in 2013 and through 2014 at the current rental rate or as adjusted upward by the Airport Board for all T-Hangars rented at the Fayetteville Executive Airport. 6. Animal Shelter Donation Revenue: A resolution approving a budget adjustment in the total amount of $18,626.00 representing donation revenue to the Animal Services Division for the fourth quarter of 2012 and including a grant award from the ASPCA in the amount of$4,500.00 to fund the animal shelter's transport program for 2013. 7. Old Square, Inc.: A resolution approving a two-year lease agreement with Old Square, Inc., for the annual rental amount of$9,000.00 to lease approximately 3,500 square feet for document storage. 8. Sales Tax Collection Information Support: A resolution stating the support of the City of Fayetteville to state statutory amendments authorizing improvements in the information provided to local governments by the State related to collections of local sales and use taxes. B. Unfinished Business: 1. Kum & Go, L.C.: A resolution to authorize Mayor Jordan to sell about two acres of the Tyson Factory Property on Huntsville Road for $900,000.00 to Kum& Go, L.C., to agree to cost share with Kum & Go roads or driveways within the Tyson Property adjoining this two acre parcel and the demolition of the factory, and to recommend rezoning this parcel to Neighborhood Commercial or other zoning district satisfactory to Kum & Go, L.C. This item was tabled at the January 15, 2013 City Council meeting to the February 5, 2013 City Council meeting. C. New Business: 1. Amend Section 33.361 Departments, Boards, Commissions, and Authorities: An ordinance amending Section 33.361 Composition of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville to change the structure of City and University appointments to the Town and Gown Advisory Committee. 2. Amend 2013 City Budget: A resolution amending the 2013 city budget by reappropriating up to $48,086,200.00 in bonded or ongoing capital projects, outstanding obligations and grant-funded items previously appropriated in the 2012 city budget but not completed or delivered in 2012. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Woolsey Aviation Inc. DBA Million Air of Fayetteville: A resolution approving the termination of the fixed-base airport operations contract with Woolsey Aviation Inc. DBA Million Air of Fayetteville, approving a budget adjustment in the amount of $1,786,452.00 for the implementation and funding of a city-operated fixed-base airport operation, and further approving the addition of 6.6 full-time equivalent employee positions in the Aviation Division for the operation. D. City Council Agenda Session Presentations: E. City Council Tour: F. 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 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 A.7 Old Square, Inc. Page 1 of 2 LEASE On this day of February, 2013, Old Square, Inc. (Lessor) and the City of Fayetteville (Tenant) agree as follows: Old Square, Inc. agrees to lease the north end of the basement of 26 West Center (approximately 3,500 square feet) to the City of Fayetteville for an annual rent of Nine Thousand Dollars ($9,000.00) to be paid monthly at the first business day of each month beginning March 1, 2013 in the amount of Seven Hundred Fifty Dollars ($750.00) The City of Fayetteville agrees to lease approximately 3,500 square feet in the north end of the basement of 26 West Center from Old Square, Inc. and pay an annual rent of Nine Thousand Dollars ($9,000.00) to be paid monthly on the first business day of each month beginning March 1, 2013, in the amount Seven Hundred Fifty Dollars ($750.00). Old Square, Inc. shall be responsible to pay all building utilities. The City of Fayetteville agrees that the space it has rented will be used as storage space for City of Fayetteville records or property. Old Square, Inc. agrees to allow access to the City of Fayetteville records or property as needed by City personnel. The City of Fayetteville shall not sublet any of this space without the prior written approval of Old Square, Inc. The initial term of this Lease shall be two years (from March 1, 2013 until February 28, 2015). The City of Fayetteville shall have the right to renew this Lease for up to two additional years, but the annual rental (to be paid in future equal monthly payments) shall be increased to Nine Thousand Six Hundred Dollars ($9,600.00). In Agreement with all the promises, terms and conditions stated above, Old Square, Inc. by Lee Ward and the City of Fayetteville by Mayor Lioneld Jordan sign their names below. OLD SQUARE, INC. CITY OF FAYETTEVILLE,ARKANSAS /l By: L/., By: LEE WARD LIONELD JORDAN,Mayor OwlveA Corporate Title ATTEST: By: SONDRA E. SMITH, City Clerk A.7 Old Square, Inc. Page 2 of 2 C.3 Woolsey Aviation Inc.DBA Million Air of Fayetteville Page 1 of 4 SUMMIT AVIATION 01/25/2013 To: City of Fayetteville, City Council Members: Adella Gray,Sarah Marsh, Mark Kinion, Matthew Petty,Justin Tennant, Martin Schoppmeyer, Rhonda Adams,Alan Long CC: Mayor Lioneld Dear Commission Members, I am writing you to ask that you do not vote to move to a City operated, Fixed Base Operation, at the Fayetteville Executive Airport as a reaction to the current Fixed Base Operator's poor performance, lack of fiscal control and contract violations without thoroughly considering my own company, Summit Aviation. Choosing to operate as a "City run" airport,without receiving proposals from other qualified operators would be making a decision without knowledge of your options.This may lead to the wrong long term decision and will certainly at the very least cost the City a significant amount of resources and effort. First let me introduce myself, I am the principal owner and manager of Summit Aviation; we operate the Fixed Base Operations(FBO) at both the Springdale and Bentonville Airports. We currently provide full service FBO operations at both locations, operate two charter operations with 5 aircraft(3 of which are turbine aircraft), operate one of only two Cessna Service Centers in Arkansas and provide flight training in both Springdale and Bentonville with 11 aircraft and 7 instructors. We have a history of success and responding to needs quickly. I have operated in Bentonville for over six years, taking over under critical conditions when a tornado had damaged the airport and the existing operator had effectively"called it quits' after not paying the City it's flowage and lease fees and could not maintain fuel on the field. At Springdale we have been in operation for over two years, successfully transitioning the operation to a profitable model and partnering with the City to grow and provide increased value to our customers. In building both operations I have focused our leadership team on ensuring safe operations, building relationships with our customers to understand their needs, having strong processes and partnering with the Cities of Springdale and Bentonville to grow successfully with aligned visions. EW "Meeting the Needs of General Aviation in NW Arkansas" A Bentonville Airport(KVBT)-2440 SW Aviation St, Bentonville,AR 72712 479-254-0817 Cessna Flight School -479-273-3590•Service Center-479-464-0987 5UM�M I T Service Center Springdale Airport(KASG)-802 Airport Rd, Springdale,AR 72764 479-751-4462 AVIATION Bentonville Flight School-479-725-0642 www.IFLYsummit.com C.3 Woolsey Aviation Inc.DBA Million Air of Fayetteville Page 2 of 4 SUMMIT AVIATION As your own accounting manager for the airport reports every month,Summit has provided much more value to customers in fuel pricing month after month than Millionaire has been able to provide in Fayetteville. In addition to lower everyday pricing, we provide volume discounts to both based and transient customers beyond the favorable posted prices. In this operation margins are not huge and both the City and the FBO must have a win-win relationship, not a combative one. Using this approach,the Bentonville Airport was just named the Airport of the Year for Arkansas.Over the years Summit Aviation has invested over$500,000 in these airports, all the while paying all lease agreements,flowage fees and payroll on time.We have also continued to invest in our people with all Line personnel now NATA certified.These operations require sound financial management,very controlled overhead and no mistakes to be successful. I would also add that I believe you need an operation that is focused on being involved in Northwest Arkansas and not have a "fly-in" management style operation; success is driven locally through honest investment and work. My appeal to you at this stage is to ask you to take the time to consider Summit as your provider for the Fayetteville Executive Airport; we can provide the following benefits as your chosen provider: • Immediately lower fuel prices to your customers with better discount programs • Save the City from the following investments: o $100,000 in start-up equipment cost o Hiring 6-7 more city employees with benefits creating an ongoing liability o Prevent the City from having to float accounts receivable and fuel inventories at an estimated $150,000 o Training costs of new employees and ongoing responsibility o Risk of Operations • Proven leadership in NWA, my commitment is local and immediate, we can begin immediately • The synergy across three airports would allow the efficiencies to be passed to the customer for additional improvements.Additionally this allows flexibility to move employees to cover special events and promotions at the airport efficiently. • Bring restaurant operations back to the field � "Meeting the Needs of General Aviation in NW Arkansas" ' Bentonville Airport(KVBT)-2440 SW Aviation St, Bentonville,AR 72712 479-254-0817 CeS Flight School-479-273-3590 •Service Center-479-464-0987 SUM�M I T Service Center Springdale Airport(KASG)-802 Airport Rd, Springdale,AR 72764 479-7514462 AVIATION Bentonville Flight School-479-725-0642 www.]FLYstimmit.com C.3 Woolsey Aviation Inc.DBA Million Air of Fayetteville Page 3 of 4 SUMMIT AVIATION Operating the fixed base operations require qualified people and training but most of all it requires flexibility at a moment's notice to meet the changing needs of a customer or to make decisions quickly when something is requested out of the norm from standard operations.Typical City operated airports usually fall short in these areas, not because of lack of desire but from normal processes established by city requirements and process. Ultimately the customer sees this as an organization not able to meet their needs. Finally I would ask you to consider risk in your decision;the current budget proposal presented at the last Airport Board meeting recognized a projected "profit" beyond an externally operated FBO arrangement of just under$30,000. 1 would submit to you this is a significant investment of a small gain,that any variation in the projected income or margin or expense could eliminate the gain. Further any mistake made by an employee, such as moving an aircraft at night and striking a wall of a hangar is risk to be considered. I challenge you to consider if the benefit is worth the investment. While I will list a few references, I would encourage you to ask your counterparts in Springdale or Bentonville how we have done and if they have confidence in us. References: • BobMcCasslin—City of Bentonville, Mayor • Wyman Morgan—City of Springdale, Mayors Assistant • Warren Jones- Director Arkansas Air Museum • Dick Trammel—ArvestExecVicePresident • Rob Brothers—Walton Family Foundation • John Lea—Retired Tyson Thank you for your time and consideration. Sincerely, David Powell Summit Aviation-Owner � "Meeting the Needs of General Aviation in NW Arkansas" f� ' Bentonville Airport(KVBT)-2440 SW Aviation St, Bentonville,AR 72712 479-254-0817 G Cess Flight School-479-273-3590 -Service Center-479-464-0987 SUM�M I T na Service Center Springdale Airport(KASG)-802 Airport Rd,Springdale,AR 72764 479-751-4462 AVIATION Bentonville Flight School-479-725-0642 www.IFLYsommit.com C.3 Woolsey Aviation Inc.DBA Million Air of Fayetteville Page 4 of 4 Elected Officials Mayor Lioneld Jordan City Council Meeting Minutes City Attorney Ki[Williams Tayve le January 15,2013 Ci Clerk Sondra Smith Page t of 9 Aldermen Ward 1 Position 1—Adella Gray ARKANSAS Ward 1 Position 2—Sarah Marsh Ward 2 Position 1 —Mark Kinion Ward 2 Position 2—Matthew Petty Ward 3 Position l—Justin Tennant Ward 3 Position 2—Martin W. Schoppmeyey Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long City of Fayetteville Arkansas City Council Meeting Minutes January 15, 2013 A meeting of the Fayetteville City Council was held on January 15, 2013 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Sondra Smith, Staff, Press, and Audience. Alderman Sarah Marsh arrived at 6:20 p.m. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports and Discussion Items: State of the City Address—Mayor Lioneld Jordan Mayor Jordan presented the State of the City Address. A copy is attached. Agenda Additions: None Consent: Approval of the January 03, 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 City Council Meeting Minutes January 15,2013 Page 2 of 9 Bid #12-57 Williams Tractor: A resolution pursuant to Bid #12-57 authorizing a contract with Williams Tractor, Inc. in the amount of $24,900.00 for the purchase of one (1) round baler for use at the Noland Wastewater Treatment Facility, and approving a budget adjustment. Resolution 03-13 as recorded in the office of the City Clerk Bid #12-63, Hilbilt Sales Corporation-Arkansas: A resolution pursuant to Bid #12-63 authorizing a contract with Hilbilt Sales Corporation-Arkansas in the amount of$39,690.00 for the purchase of one (1) end-dump hauler trailer for use at the Noland Wastewater Treatment Facility, and approving a budget adjustment. Resolution 04-13 as recorded in the office of the City Clerk Bid #12-77, Terex Equipment Services: A resolution pursuant to Bid #12-77 authorizing a contract with Terex Equipment Services in the total amount of $83,284.00 for the purchase of two (2) Ford F-250 crew cab pickup trucks for use by the Fire Department. Resolution 05-13 as recorded in the office of the City Clerk Bid #13-02, Reflectorized Paint Markings: A resolution awarding Bid#13-02 and authorizing the purchase from Asphalt Striping Service, LLC of reflectorized paint markings, in variable amounts, for the Transportation Division as needed through the end of calendar year 2013. Resolution 06-13 as recorded in the office of the City Clerk Bid #13-03, Construction — Curb and Gutter: A resolution awarding Bid #13-03 and authorizing the purchase of curb and gutter construction from Sweetser Construction, Inc. as a primary supplier and Tomlinson Asphalt Co., Inc. as secondary supplier, in variable amounts, and authorizing the use of other bidders based on price and availability, as needed through the end of calendar year 2013. Resolution 07-13 as recorded in the office of the City Clerk. Bid#13-04, Hillside Gravel: A resolution awarding Bid #13-04 and authorizing the purchase of hillside gravel from Les Rogers, Inc. for variable unit prices, and authorizing the use of other bidders based on price and availability, as needed through the end of calendar year 2013. Resolution 08-13 as recorded in the office of the City Clerk. Bid #13-05, Concrete: A resolution awarding Bid #13-05 and authorizing the purchase of concrete from Tune Concrete Company as a primary supplier and Beaver Lake Concrete, Inc. as secondary supplier, in variable amounts, and authorizing the use of other bidders based on price and availability, as needed through the end of calendar year 2013. Resolution 09-13 as recorded in the office of the City Clerk 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 January 15,2013 Page 3 of 9 Bid #13-06, Truck Hauling Services: A resolution awarding Bid #13-06 and authorizing the purchase of truck hauling services from Les Rogers, Inc. and S&R Trucking, in equal amounts, for variable unit prices, and authorizing the use of other bidders based on price and availability, as needed through the end of calendar year 2013. Resolution 10-13 as recorded in the office of the City Clerk Bid #13-07, Aggregate Materials: A resolution awarding Bid #13-07 and authorizing the purchase of aggregate materials for varying unit prices from various vendors, as needed through the end of calendar year 2013. Resolution 11-13 as recorded in the office of the City Clerk Bid #13-09, Drainage Pipe: A resolution awarding Bid #13-09 and authorizing the purchase of drainage pipe for varying unit prices from various vendors, as needed through the end of calendar year 2013. Resolution 12-13 as recorded in the office of the City Clerk Bid #13-10, Crushed Rock Salt: A resolution awarding Bid #13-10 and authorizing the purchase of crushed rock salt from North American Salt Company in the amount of$73.76 per ton, and authorizing the use of other bidders based on price and availability, as needed through the end of calendar year 2013. Resolution 13-13 as recorded in the office of the City Clerk Bid #13-11, Screened Topsoil: A resolution awarding Bid#13-11 and authorizing the purchase of topsoil from Les Rogers, Inc. in the amount of$10.74 per cubic yard, in variable amounts, and authorizing the use of other bidders based on price and availability, as needed in calendar year 2013. Resolution 14-13 as recorded in the office of the City Clerk. Landers Toyota of Little Rock: A resolution authorizing the purchase of three (3) Toyota Tacoma Compact pickup trucks in a total amount of$69,875.00, pursuant to a state procurement contract, from Landers Toyota of Little Rock for use by the Water and Sewer Division, and approving a budget adjustment. Resolution 15-13 as recorded in the office of the City Clerk Bale Chevrolet of Little Rock: A resolution authorizing the purchase of seven (7) police package Chevrolet Tahoes in a total amount of $245,651.00, pursuant to a state procurement contract, from Bale Chevrolet of Little Rock for use by the Police Department. Resolution 16-13 as recorded in the office of the City Clerk 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 January 15,2013 Page 4 of 9 Ozarks Electric Cooperative Corporation: A resolution authorizing the transfer of an easement interest to Ozarks Electric Cooperative Corporation on certain city-owned property in Veterans Park to provide for a relocation of electrical utility service. Resolution 17-13 as recorded in the office of the City Clerk Alderman Tennant moved to approve the Consent Agenda as read. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: None New Business: 2012 Arkansas Department of Environmental Quality E-Waste Grant: A resolution authorizing acceptance of a 2012 Arkansas Department of Environmental Quality E-Waste Grant of$25,000.00 for an e-waste coupon redemption program, and approving a budget adjustment. Brian Pugh, Waste Reduction Coordinator: This is not a matching grant. The industry calls it E-Waste, I would prefer to call it E-Scrap, E-Waste has a negative meaning to it that you can throw it away because it is not useful. There is use in this E-Waste. We want computers, cell phones, televisions and stereos. It is important to keep these items out of the landfill. There is lead, mercury and other contaminates that over time will leach into the soil. We need programs in place to recycle these items. There is a lot of value in E-Waste. Alderman Adams thanked Brian for his worked in solid waste. A program like this has to come from the top and Brian's work in solid waste has been noticed. Mayor Jordan and Don have led this but so have our citizens. They have pushed us to be educated and aware of what happens to our electronic waste and they have pushed our recycling program to be the best it can be. Brian Pugh: We have a lot of education and marketing plans for this year that we will be bringing forward. Alderman Kinion: This came before the Water and Sewer Committee and was unanimously supported. Thank you for the work that you have done. Alderman Tennant moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed unanimously. Resolution 18-13 as recorded in the office of the City Clerk. Asphalt Materials: An ordinance waiving the requirements of formal competitive bidding during calendar year 2013 for the purchase of asphalt materials for use by the Transportation Division but requiring informal quarterly bids or quotes. 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 January 15,2013 Page 5 of 9 City Attorney Kit Williams read the ordinance. Terry Gulley, Transportation Services Director: This is a continuation of a program that we have done for the past three or four years. We were bidding this once a year and the asphalt companies would honor those prices. A few years ago, with the volatility, in the market the bidders were coming back to us wanting to change the prices. By doing this they are more likely to bid. We suspend the formal bidding but receive informal bids on a quarterly basis. This allows us to do that through Purchasing without having to come back for approval four times during the year. We still take the low bidder each quarter. Alderman Kinion moved to suspend the rules and go to the second reading. Alderman Adams seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Kinion moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5561 as Recorded in the office of the City Clerk. Refurbished Hazmat Truck: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Beverage Body and Trailer Service in the total amount of $65,974.00 to purchase a refurbished hazmat truck for the Fire Department, and approving a budget adjustment. City Attorney Kit Williams read the ordinance. Fire Chief Dayringer explained why this truck was needed. He stated this purchase has been approved by the Equipment Committee. Alderman Kinion moved to suspend the rules and go to the second reading. Alderman Long seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 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 January 15,2013 Page 6 of 9 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5562 as Recorded in the office of the City Clerk. Amend §173.08 Energy Conservation Code: An ordinance to adopt the 2011 Arkansas Energy Code for new building construction for Commercial and High-Rise Residential Construction projects including thermal and lighting efficiency standards as required by A.C.A. §15-10-205 by amending §173.08 Energy Conservation Code of the Fayetteville Code. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Director Sustainability and Strategic Planning: In July the city adopted the 2009 International Energy Conservation Code for residential construction. Passage of this ordinance will bring us in compliance with state statute. It would also bring our commercial and high rise residential construction requirements up to the same standard that our residential construction standards are for compliance with that 2009 International Energy Conservation Code. Mayor Jordan: The state passed this and we are mandated to pass it. Peter Nierengarten: That is accurate. Alderman Kinion moved to suspend the rules and go to the second reading. Alderman Petty seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Petty moved to suspend the rules and go to the third and final reading. Alderman Schoppmeyer seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Marsh was absent. Ordinance 5563 as Recorded in the office of the City Clerk Kum & Go, L.C.: A resolution to authorize Mayor Jordan to sell about two acres of the Tyson Factory Property on Huntsville Road for $900,000.00 to Kum & Go, L.C., to agree to cost share with Kum & Go roads or driveways within the Tyson Property adjoining this two acre parcel and 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 January 15,2013 Page 7 of 9 the demolition of the factory, and to recommend rezoning this parcel to Neighborhood Commercial or other zoning district satisfactory to Kum & Go, L.C. Paul Becker, Finance Director: The city brought this property at 1851 East Huntsville Road for $1.1 million. The property had approximately 11.2 acres. The property was purchased primarily because the city needed right of way for the expansion of Highway 16. We also built a fire station on that property. We have approximately 10.4 acres left. We were approached by Kum & Go to purchase a portion of that property. We felt the offer was good enough to bring to the Council for consideration. We have received another offer from Casey's General Store, Inc. We would have approximately seven acres left if we sell a portion of this property and demolish the old building. City Attorney Kit Williams: You can not pass the resolution that was in your packet because we now have two offers one from Kum and Go and one from Casey's General Store. Mr. Williams gave the Council a copy of both offers. He stated this is a blighted area. Alderman Petty asked City Attorney to describe the options the City Council has regarding the property. City Attorney Kit Williams: You can accept the Kum and Go offer of$1 million, or approve the Casey's General Store offer of$1 million. We have two fairly identical offers. Both of these corporations are well known and respected corporations that do quality developments. That makes a difficult situation when you have identical offers. You might want to table the resolution and authorize both parties to provide a sealed offer before the next City Council meeting. This offer would be opened at the next City Council meeting. We should not allow any language in the offer to the effect that the company will match or equal the other company's final offer. The citizens deserve the very best final offer that these corporations are willing to make. If a third party wants to get involved they must notify the Mayor's office no later than 4:30 p.m. on January 28 with a signed land sale agreement in the same form as Kum and Go and Casey's General Store. Alderman Marsh: If we went with option three and tabled the resolution would we, after seeing the final offers, have the ability to turn them all down? City Attorney Kit Williams: Certainly. Alderman Kinion: I think it is important for us to consider tabling this. This is an important piece of property and there is evidence that there is interest. This is an important piece of property that is owned by the city and it is a liability for the city. Rob Wadle, Kum and Go thanked the staff, Planning Commission, and City Council for the awesome site that they helped them design on Martin Luther King and Hill Street. We build LEED certified stores. We are a family owned company that gives 10% of our profits back to the community. We have been working on this project for approximately one and a half years. Mr. Wadle reviewed the LEED certified stores that they have built. 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 January 15,2013 Page 8 of 9 Alderman Marsh: On your LEED certification do you pursue sustainable sites credit eight which is lighting pollution reduction. I would also be interested in storm water run off as well. Rob Wadle: I will get that information for you. We can work on screening and landscape screening as well. Alderman Petty: I can tell that you are making a good faith effort to meet our community's needs and desires. Can you be more specific about the 10% of the profit that goes to the community? Does that mean that 10% of the local stores profits go to the community in which it resides? Rob Wadle: I don't know the answer to that. Alderman Petty: That would make a difference for me if you can guarantee that 10% of your stores profits went back to Fayetteville. Rob Wadle: We have a local general contractor that does our work and 80% of the building cost goes to local contractors. Alderman Adams: Can you talk a little about your employment practices. Rob Wadle: We hire between 15 and 20 staff, half are full time and half are part time. We have a manager on site and a sales manager as well. We try to keep everything brand standard. Our inside sells in Northwest Arkansas match the cost that we sell outside. Larry McCredy attorney for Casey's General Store apologized for their late entry into this process. Casey's found out about this opportunity last week. Casey's is a Fortune 500 company. It had about$5.1 billion in total sales in 2012. It has about 1,700 stores nationwide and started in Iowa. It entered the Arkansas market in 2011. Casey's hires full time and part time employees. They focus on foods that are prepared on sight. Alderman Marsh: Do you purchase local food products for the food preparation area of the stores? Larry McCredy: I can get that information to you. Alderman Adams: When you come back, if we decide to table this, can you talk about the buffering you would do as well. Johnny Walker a resident of Fayetteville: I have mixed feelings about this. If you go to sealed bids and they decide to not submit a sealed bid are these offers still good? City Attorney Kit Williams: Until the offer is accepted by the City Council they have the option to not go forward. 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 January 15,2013 Page 9 of 9 Johnny Walker: Are these 24 hour seven days a week establishments? Larry McCredy: Yes we are. Larry McCredy: They anticipate this would be a 24/7 location. Casey's has no intention to withdraw from the process if this is tabled. Alderman Marsh voiced her concern with a 24/7 operation and the peace and quiet of the neighbors. Rob Wiley: We can control when we drop fuel and deliveries. We can not control when trash is picked up because that service is probably provided by the city. Larry McCredy: Casey's is open to reservations or concerns that the Council might have. Alderman Kinion moved to table the resolution to the February 5, 2012 City Council meeting. Alderman Adams seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the February 5, 2012 City Council meeting. City Council Agenda Session Presentations: None City Council Tour: Monday, January 14, 2013 at 4:30 p.m. City property known as the Tyson factory located at 1851 East Huntsville Road. Announcements: Adjournment: 7:45 p.m. Lioneld Jordan, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316