HomeMy WebLinkAbout2016-12-06 - Agendas - FinalCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Meeting Agenda - Final Agenda
Tuesday, December 6, 2016
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward I
Sarah Marsh Ward I
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer, Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
1. 2016-0550
MAYOR CONFIRMATION OF THE PUBLIC FACILITIES BOARD APPOINTMENT
Attachments: MAYOR CONFIRMATION OF THE PUBLIC FACILITIES BOARD APPOINTMENT
ADDITIONAL: MAYOR CONFIRMATION OF THE PUBLIC FACILITIES BOARD APPOINTMENT
2. 2016-0531
REPORT OF OPERATING RESULTS FOR THE 3RD QUARTER 2016 - PAUL BECKER
Agenda Additions:
A. Consent:
A. 1 2015-0660
APPROVAL OF THE NOVEMBER 15, 2016 CITY COUNCIL MEETING MINUTES.
A.2 2016-0530
COMMUNITY RESOURCES DEPARTMENT DONATIONS:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF
$33,355.00 REPRESENTING DONATIONS TO RANGER'S PANTRY AND THE SENIOR
GIVING TREE AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
INCOME RECEIVED FROM FOUR HOUSING LIEN PAYOFFS
Attachments: COMMUNITY RESOURCES DEPARTMENT DONATIONS
BA COMMUNITY RESOURCES DEPARTMENT DONATIONS
City of Fayetteville, Arkansas Page 2 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
A. 3
A. 4
A. 5
gni ti_ncz�
FIRE STATION NO.5 ICE MACHINE PURCHASE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$3,593.00 RECOGNIZING REVENUE FROM THE SALE OF USED GENERATORS ON
GOVDEALS.COM AND INCREASING THE RELATED EXPENSE BUDGET FOR THE
PURCHASE OF AN ICE MACHINE FOR FIRE STATION NO. 5
Attachments: FIRE STATION NO. 5 ICE MACHINE PURCHASE
BA FIRE STATION NO. 5 ICE MACHINE PURCHASE
2016-0532
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT MUD CREEK
TRAIL:
A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE
ACCEPTANCE OF AN 80/20 ARKANSAS TRANSPORTATION ALTERNATIVES
PROGRAM FEDERAL -AID GRANT IN THE AMOUNT OF $500,000.00 FOR THE
INSTALLATION OF LIGHTING ALONG MUD CREEK TRAIL AND PORTIONS OF THE
RAZORBACK REGIONAL GREENWAY, AND TO APPROVE A BUDGET ADJUSTMENT
Attachments: AHTD MUD CREEK TRAIL
BA AHTD MUD CREEK TRAIL
Ini ti_nczz
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT MAPLE STREET
TO FRISCO AVENUE:
A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE
ACCEPTANCE OF AN 80/20 ARKANSAS RECREATIONAL TRAILS PROGRAM GRANT
IN THE AMOUNT OF $56,000.00 FOR THE REPAIR OF A DAMAGED SECTION OF THE
RAZORBACK REGIONAL GREENWAY FROM MAPLE STREET TO FRISCO AVENUE,
AND TO APPROVE A BUDGET ADJUSTMENT
Attachments: AHTD MAPLE STREET TO FRISCO AVENUE
BA AHTD MAPLE STREET TO FRISCO AVENUE
City of Fayetteville, Arkansas Page 3 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
A. 6
A. 7
A. 8
A. 9
101 ti_nsA7
2017 T -HANGAR LEASE AGREEMENTS:
A RESOLUTION TO APPROVE T -HANGAR LEASE AGREEMENTS IN 2017 AT THE
CURRENT RENTAL RATE OR AS ADJUSTED UPWARD BY THE AIRPORT BOARD FOR
ALL T -HANGARS RENTED AT THE FAYETTEVILLE EXECUTIVE AIRPORT
Attachments: 2017 T -HANGAR LEASE AGREEMENTS
1)()1 A ()SS2
KANSAS E3, LLC:
A RESOLUTION TO APPROVE AN AGREEMENT WITH KANSAS E3, LLC FOR THE
HAULING AND RECYCLING OF SOLID WASTE GENERATED FROM CONSTRUCTION
AND DEMOLITION ACTIVITIES IN THE CITY OF FAYETTEVILLE
Attachments: KANSAS E3, LLC
2016-0556
GROUND -CHERRY CREEK:
A RESOLUTION TO NAME THE UNNAMED TRIBUTARY ON THE SOUTH SIDE OF
KESSLER MOUNTAIN REGIONAL PARK "GROUND -CHERRY CREEK"
Attachments: GROUND -CHERRY CREEK
')()1 ti_Wl A(1
RFP NO. 16-07 LAKE SEQUOYAH MARINA OPERATOR CONTRACT:
A RESOLUTION TO AWARD RFP NO. 16-07 AND APPROVE THE LAKE SEQUOYAH
MARINA OPERATOR CONTRACT WITH MICHAEL MCBRIDE IN THE AMOUNT OF
$22,800.00 FOR SERVICES IN 2017, WITH AUTOMATIC RENEWALS FOR UP TO FOUR
ADDITIONAL ONE YEAR TERMS CONTINGENT UPON ANNUAL BUDGET
APPROVAL
Attachments: RFP NO. 16-07 LAKE SEQUOYAH MARINA OPERATOR CONTRACT
City of Fayetteville, Arkansas Page 4 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
A.10 2016-0545
AMENDED RESTATED ARTICLES OF INCORPORATION OF THE WALTON ARTS
CENTER FOUNDATION, INC.:
A RESOLUTION TO APPROVE THE AMENDED AND RESTATED ARTICLES OF
INCORPORATION OF THE WALTON ARTS CENTER FOUNDATION, INC. AND TO
AUTHORIZE MAYOR JORDAN'S SIGNATURE THEREON
Attachments: AMENDED RESTATED ARTICLES OF INCORPORATION OF THE WALTON AR
A. 11 2016-0605
CITY AND COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA:
A RESOLUTION TO APPROVE A RENEWAL OF THE CONTRACT WITH COMMUNITY
ACCESS TELEVISION, INC. D/B/A YOUR MEDIA IN THE AMOUNT OF $157,520.04
FOR THE PROVISION OF PUBLIC ACCESS TELEVISION SERVICES AND THE
OPERATION OF THE PUBLIC ACCESS TELEVISION CHANNEL THROUGH 2017,
CONTINGENT ON APPROVAL OF THE 2017 ANNUAL CITY BUDGET
Attachments: CITY AND COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA
B. Unfinished Business:
B.1 2016-0432
RZN 16-5550 (2155 N. RUPPLE RD./HAZEN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5550 FOR APPROXIMATELY 70 ACRES LOCATED EAST AND
WEST OF RUPPLE ROAD AND SOUTH OF MOUNT COMFORT ROAD FROM RSF-1,
RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE; RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE AND R -A, RESIDENTIAL AGRICULTURAL TO CS,
COMMUNITY SERVICES AND R -A, RESIDENTIAL AGRICULTURAL
(LEFT ON THE THIRD READING AND TABLED)
Attachments: RZN 16-5550 (2155 N. RUPPLE RD./HAZEN)
ADDITIONAL RZN 16-5550 (2155 N. RUPPLE RD.HAZEN)
City of Fayetteville, Arkansas Page 5 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
B. 2
B. 3
At the October 4, 2016 City Council Meeting this ordinance was left on the first reading. At the October
18, 2016 City Council Meeting this ordinance was left on the second reading. At the November 1, 2016
City Council Meeting this ordinance was tabled to November 15, 2016. At the November 15, 2016 City
Council Meeting this ordinance was left on the third reading and tabled to December 6, 2016
Initi_nnAI;
APPEAL OF LSD 16-5488 THE MACEY DRIVE TOWNHOMES:
A RESOLUTION TO GRANT THE APPEAL OF TIM BRISIEL OF LEGACY VENTURES
AND TO APPROVE LARGE SCALE DEVELOPMENT 16-5488 MACEY DRIVE
TOWNHOMES
Attachments: APPEAL OF LSD 16-5488 THE MACEY DRIVE TOWNHOMES
At the October 18, 2016 City Council Meeting this resolution was tables to November 1, 2016 At the
November 1, 2016 City Council Meeting this resolution was tabled to November 15, 2016. At the
November 15, 2016 City Council Meeting this resolution was tabled to December 6, 2016
UARK CREDIT UNION REZONING APPEAL:
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5589 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 714 WEST
MARTIN LUTHER KING BOULEVARD AND 511 HILL AVENUE FROM RMF -40,
RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE TO C-1, NEIGHBORHOOD
COMMERCIAL
(LEFT ON THE SECOND READING)
Attachments: UARK CREDIT UNION REZONING APPEAL
At the November 1, 2016 City Council Meeting this ordinance was left on the first reading. At the
November 15, 2016 City Council Meeting this ordinance was left on the second reading.
City of Fayetteville, Arkansas Page 6 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
B. 4
B. 5
B. 6
101 A-0AGA
WG LAND COMPANY APPEAL:
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5590 FOR APPROXIMATELY 23 ACRES LOCATED NORTHEAST OF
MCGUIRE STREET AND VAN ASCHE DRIVE FROM C-2, THOROUGHFARE
COMMERCIAL AND C-3, CENTRAL COMMERCIAL TO C-3, CENTRAL
COMMERCIAL
(LEFT ON THE SECOND READING)
Attachments: WG LAND COMPANY APPEAL
At the November 1, 2016 City Council Meeting this ordinance was left on the first reading. At the
November 15, 2016 City Council Meeting this ordinance was left on the second reading.
2016-0521
RZN 16-5609 (1764 N. STARR RD./HAYS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5609 FOR APPROXIMATELY 26.83 ACRES LOCATED AT 1764
NORTH STARR ROAD FROM RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER
ACRE TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE
(LEFT ON THE FIRST READING)
Attachments: RZN 16-5609 (1764 N. STARR RWHAYS)
At the November 15, 2016 City Council Meeting this ordinance was left on the first reading.
2016-0517
RZN 16-5633 (2350 W. WEDINGTON DR./UPTON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5633 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 2350 WEST
WEDINGTON DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE TO NS, NEIGHBORHOOD SERVICES
(LEFT ON THE FIRST READING)
Attachments: RZN 16-5633 (2350 W. WEDINGTON DR./UPTON)
City of Fayetteville, Arkansas Paye 7 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
B. 7
B. 8
At the November 15, 2016 City Council Meeting this ordinance was left on the first reading.
2016-0523
RZN 16-5598 (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5598 FOR APPROXIMATELY 3.74 ACRES LOCATED AT 1777
SOUTH SMOKEHOUSE TRAIL FROM R -A, RESIDENTIAL AGRICULTURAL TO UT,
URBAN THOROUGHFARE
(LEFT ON THE FIRST READING)
Attachments: RZN 16-5598 (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE)
At the November 15, 2016 City Council Meeting this ordinance was left on the first reading.
2016-0508
AMEND § 31.18 DISTRICT JUDGE COMPENSATION:
AN ORDINANCE TO AMEND § 31.18 DISTRICT JUDGE COMPENSATION
BECAUSE THE DISTRICT JUDGE OF WASHINGTON COUNTY DISTRICT COURT,
FAYETTEVILLE DEPARTMENT WILL ON JANUARY 1, 2017 BECOME A FULL TIME
STATE EMPLOYEE
(LEFT ON THE FIRST READING)
Attachments: AMEND § 31.18 DISTRICT JUDGE COMPENSATION
At the November 15, 2016 City Council Meeting this ordinance was left on the first reading.
City of Fayetteville, Arkansas Paye 8 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
B.9 2016-0520
AMEND § 33.350 PURPOSE AND ESTABLISHMENT AND § 33.351 COMPOSITION:
AN ORDINANCE TO AMEND § 33.350 PURPOSE AND ESTABLISHMENT AND §
33.351 COMPOSITION OF ARTICLE XXIII ACTIVE TRANSPORTATION
ADVISORY COMMITTEE OF THE FAYETTEVILLE CITY CODE TO EXPAND THE
SCOPE OF THE COMMITTEE'S DUTIES, TO RECOMMEND THAT THE CITY COUNCIL
APPOINTEE SHOULD ALSO SERVE ON THE TRANSPORTATION COMMITTEE, AND
TO ESTABLISH A TIME FOR THE ELECTION OF THE COMMITTEE CHAIR
(LEFT ON THE FIRST READING)
Attachments: AMEND § 33.350 PURPOSE AND ESTABLISHMENT AND § 33.351 COMPOSITION
At the November 15, 2016 City Council Meeting this ordinance was left on the first reading.
C. New Business:
C. 1 2016-0522
FOUR SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENTS:
A RESOLUTION TO APPROVE THE RENEWAL OF FOUR SPECIAL NEEDS
ASSISTANCE PROGRAM GRANT AGREEMENTS WITH THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT IN THE TOTAL AMOUNT OF $380,278.00
FOR THE CITY TO ADMINISTER PROGRAMS TO ASSIST HOMELESS FAYETTEVILLE
RESIDENTS, AND TO APPROVE A BUDGET ADJUSTMENT
Attachments: FOUR SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENTS
BA FOUR SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENTS
City of Fayetteville, Arkansas Paye 9 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
C. 2
C. 3
C. 4
')ni ti_nsAI
FAYETTEVILLE YOUTH CENTER, INC.:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF
$225,000.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND
CITIZENS OF FAYETTEVILLE FOR 2017 CONTINGENT UPON APPROVAL OF THE
2017 CITY BUDGET
Attachments: FAYETTEVILLE YOUTH CENTER, INC.
')ni A_nsAQ
AREA AGENCY ON AGING OF NORTHWEST ARKANSAS:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A CONTRACT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN
THE AMOUNT OF $98,887.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR
THE SENIOR CITIZENS OF FAYETTEVILLE FOR 2017, CONTINGENT ON APPROVAL
OF THE 2017 ANNUAL CITY BUDGET AND WORK PROGRAM
Attachments: AREA AGENCY ON AGING OF NORTHWEST ARKANSAS
IMI ti_nccQ
THE FIELD SHOP, INC. CHANGE ORDER
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A CHANGE ORDER TO THE CONTRACT WITH THE FIELD
SHOP, INC. OF LITTLE ROCK TO EXPAND THE SCOPE OF SERVICES TO INCLUDE
THE PURCHASE AND INSTALLATION OF A VIDEO PRODUCTION DIGITAL SERVER
AND ARCHIVE SYSTEM AND RELOCATION OF THE RECORDING TRANSFER
STATION AT THE TELEVISION CENTER
Attachments: THE FIELD SHOP, INC.
City of Fayetteville, Arkansas Page 10 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
C. 5
C. 6
C. 7
C. 8
INni/- ncn-1
SOLID WASTE REDUCTION, DIVERSION AND RECYCLING MASTER PLAN:
A RESOLUTION TO ADOPT THE SOLID WASTE REDUCTION, DIVERSION AND
RECYCLING MASTER PLAN AS DEVELOPED BY KESSLER CONSULTING,
INCORPORATED
Attachments: SOLID WASTE REDUCTION, DIVERSION AND RECYCLING MASTER PLAN
11nit nccc
RZN 16-5624 (SW CORNER OF GREGG AVE. & DRAKE ST./DRAKE ST. HOLDINGS, LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5624 FOR APPROXIMATELY 8.95 ACRES LOCATED AT THE
SOUTHWEST CORNER OF GREGG AVENUE AND DRAKE STREET FROM RMF -24,
RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO CS, COMMUNITY SERVICES
Attachments: RZN 16-5624: (SW CORNER OF GREGG AVE. & DRAKE ST./DRAKE ST. HOLDINGS, LLC)
2016-0525
VAC 16-5582 (41 E. NORTH STJANDONA PROPERTIES):
AN ORDINANCE TO APPROVE VAC 16-5582 SUBMITTED BY ANDREA FOURNET TO
VACATE THE UNBUILT PIKE STREET RIGHT-OF-WAY BETWEEN HIGHLAND AND
POLLARD AVENUE
Attachments: VAC 16-5582 (41 E. NORTH ST./ANDONA PROPERTIES)
2016-0554
2017 ANNUAL BUDGET AND WORK PROGRAM:
A RESOLUTION TO ADOPT THE 2017 ANNUAL BUDGET AND WORK
PROGRAM
Attachments: 2017 ANNUAL BUDGET AND WORK PROGRAM
D. City Council Agenda Session Presentations:
City of Fayetteville, Arkansas Page 11 Printed on 12/1/2016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
D. 1 2016-0552
AGENDA SESSION PRESENTATION - SEVEN HILLS HOMELESS CENTER
PRESENTATION
E. City Council Tour:
F. Announcements:
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may appear and address the City Council on Unfinished Business, New Business, and
Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait
for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or Chair
recognizes you, approach the podium and give your name and address. Comments are to be addressed to the
Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or
others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being
considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an agenda
item.
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. City staff, City Council members, and applicants may use electronic visual
aids in the City Council meeting as part of the presentation of the agenda item.
City of Fayetteville, Arkansas Page 12 Printed on 121112016
City Council Meeting Meeting Agenda - Final Agenda December 6, 2016
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. A simple majority of the City Council members, present and voting, may
authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an
electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed;
however, 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's Office no later than 9:00 A.M. on the day of the City Council meeting. Any
member of the public shall first state his or her name and address, followed by a concise statement of the
person's position on the question under discussion. Repetitive comments should be avoided; this applies to
comments made previously either to the City Council or to the Planning Commission when those Planning
Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the
City Council as a whole and not to any particular member of the City Council. No person other than the
Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of
the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor.
City of Fayetteville, Arkansas Page 13 Printed on 12/1/2016
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0550
Agenda Date: 12/6/2016 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Report
Agenda Number: 1
MAYOR CONFIRMATION OF THE PUBLIC FACILITIES BOARD APPOINTMENT
City of Fayetteville, Arkansas Page 1 Printed on 1211/2016
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
CC: City Council
Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney _ 'ter
DATE: November 21, 2016
Kit Williams
City Attorney
Blake Pennington
Assistant Cite Ationicy
Patti Mulford
Paralegal
RE: Reappointment of Phillip Taylor to Fayetteville Public Facilities Board
Attached please find a letter from Mr. James McCord representing the
Fayetteville Public Facilities Board and a Resolution from that Board requesting
that Mr. Phillip Taylor be reappointed to that Board subject to confirmation by the
Fayetteville City Council.
No other persons applied for the Fayetteville Public Facilities Board, and
Mr. Taylor agreed to serve another term. Therefore, if Mayor Jordan appoints Mr.
Taylor and this appointment is confirmed by the Fayetteville City Council, then
Mr. Taylor will be reappointed.
ENT 40
41 PUBLIC FAC(LITTES HOARDS 14-137-108
and controlling,
GO Members are not required to be residents of the municipality or
county that has created the public facilities board.
(B)(i)(a) Successor members shall be nominated by a majority of
Iley County Human Servs, Pub.
the board and appointed by the mayor or the county,judge, sub ,jec:t to
es Bd., 330 Ark. 675, 956 S.W.2d
confirmation by the governing body of the municipality or county for
197).
staggered terms of five (5) years each, unless the ordinance pursuant,
to which the public facilities board was formed provides for electing
successor members by the membership of the board's service area.
(b) The board shall submit a written list of three (3) successor
nominees to the mayor or the county ,judge at; least sixty (60) days
before the expiration of the term.
(c) If the board fails to submit a written list of nominees at least
s board to issue bonds to finance
; that had a public purpose, educa-
sixty (60) days before the expiration of the term, the mayor or the.
a public purpose, and neither the
county judge may appoint a successor member without a nomination
the board acted with the purpose
from the board.
icing or inhibiting religion, Gillam
(ii) In a municipality located in a metropolitan statistical area
ing Univ., — F. Supp. 2d —, Zoog
designated by the United States Census Bureau having a population
3t. LEXIS 53609' (E.D. Ark. June
)l'
of one million (1,000,000) or more persons according to the most
Sanders v. Bradley County Hu-
recent federal decennial census, successor members shall be ap-
rvs. Pub. Facilities Bd., 330 Ark.
pointed by a majority of the board,
S,W.2d 187 (1997).
(C) Each member shall serve until his or her successor is elected
and qualified.
rority.
(D) A member is eligible to succeed himself or herself'.
(4) Each member shall qualify by taking and filing with the clerk of
the municipality or county creating the. board the oath of office in which
the member shall swear to support the Constitution of the United
States and the Constitution of the State of Arkansas and to discharge
faithfully his or her duties in the manner provided by law.
(5)(A)(i) In the event of a vacancy in the membership of the board,
however caused, the mayor or the county judge shall appoint a
successor member nominated by a majority of the board to serve the
:onsist of five (5) members
unexpired term, subject to confirmation by the governing body of the
)rovide services outside the
municipality or county,
rhic.h it obtains power.
(ii) The board shall submit a written list of three (3) nominees to
applicable only to:
fill the vacancy to the mayor or the county judge not later than sixty
,ulation of less than one
(60) days after the vacancy occurs.
to the most recent federal
(iii) If the board fails to submit a written list of•nominees not later
than sixty (60) days after the vacancy, the mayor or the county
ties having a population of
,judge
may appoint a successor member without a nomination from the
►0) according to the most
board.
s of where located.
(B) In the event of a vacancy in the membership of the board,
ointed by the mayor of the
however caused, in a municipality located in a metropolitan 'statisti-
ofthe creating county for
cal area designated by the United States Census Bureau having a
population of one million (1,000,000) or more persons acaardirag to the
most recent federal decennial census, the board shall appoint s_i
successor member to serve the unexpired term.
(6) A member of the board shall not receive compensation for his or
her Services, but is entitled to reimbursement for reasonable and
necessary expenses incurred in the performance of his or her duties.
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@gmail.com
November 14, 2016
Kit Williams VIA HAND DELIVERY
City Attorney
City Administration Building
113 W. Mountain
Fayetteville, AR 72701
Re: Public Facilities Board Resolution Nominating Phillip Taylor
for Appointment by Mayor as Successor Member, Subject to
Confirmation by City Council
Dear Kit:
The term of Phillip Taylor on the Fayetteville Public Facilities
Board (the "PFB") expires December 31, 2016. Ark. Code Ann.
§14-137-108(a)(3)(B)(i)(a) states that successor members shall be
nominated by a majority of the board and appointed by the mayor,
subject to confirmation by the governing body of the municipality (for
a term of 5 years). Enclosed is a Resolution passed by the PFB
nominating Phillip Taylor to Mayor Lioneld Jordan for appointment as a
successor member, subject to confirmation by the City Council. A PFB
member is eligible to succeed himself. Ark. Code Ann. §14-137-
108(a)(3)(D).
Please present the enclosed Resolution to Mayor Jordan.
Assuming the Mayor appoints Phillip Taylor as a successor member of
the PFB, please have confirmation of the appointment placed on the
next City Council agenda as an item for consideration by the Council.
Thank you for your assistance.
Sincerely,
N".
L
Ja es Pd. McCord
PFB Counsel
pc: Hon. Lioneld Jordan (via hand delivery)
Sondra Smith, City Clerk (via hand delivery)
PFB Members (via e-mail)
FAYETTEVILLE PUBLIC FACILITIES BOARD
A RESOLUTION TO NOMINATE PHILLIP TAYLOR AS A SUCCESSOR MEMBER
OF THE FAYETTEVILLE PUBILIC FACILITIES BOARD
WHEREAS, the term of Phillip Taylor on the Fayetteville Public Facilities Board
will expire on December 31, 2016; and
WHEREAS, the City of Fayetteville recently advertised for applicants to serve on
the Public Facilities Board; and,
WHEREAS, no applications to serve on the Public Facilities Board were received
by the Fayetteville City Clerk's office; and,
WHEREAS, by statute Public Facilities Board members are eligible to succeed
themselves; and,
WHEREAS, Phillip Taylor has agreed to serve as a successor member of the
Public Facilities Board.
NOW, THEREFORE, BE IT RESOLVED by the Fayetteville Public Facilities
Board:
Section 1. Phillip Taylor is hereby nominated to Mayor Lioneld Jordan for
appointment by the Mayor as a successor member of the Public Facilities Board, subject
to confirmation by the Fayetteville City Council.
PASSED by majority vote with a quorum present on the 10th day of November,
2016.
APPRO�'1I
phert E. Adams, Chairman
ATTEST:
Stephen Cosby, Secb4ary
November 23, 2016
Fayetteville City Clerk:
Attached is a correspondence from City Attorney Kit Williams regarding the appointment
of Phillip Taylor to the Fayetteville Public Facilities Board. Based on the information
provided, I am making the following appointment to the Fayetteville Public Facilities
Board:
1. Reappointment of Mr. Phillip Taylor for a term of 5 years beginning Jan 1, 2017
through Dec 31St, 2021—subject to confirmation by the Fayetteville City Council.
ery tr ours,
C
Mayr Held Jordan,
City of Fayetteville AR
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316