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Home My WebLink About2002-04-16 - Agendas - Final Apr 15 02 03;29p p. 1 JAMES N. MCCORD uffo/WNf/-Qr_limp II N. WEST AVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 •. TELEPHONE (501)695-1134 FACSIMILE (501)695-1135 jimmccordlaw@alltel.net To: Fayetteville Public Facilities Board Dennis L. Smith Via Fax 718-7450 Phil Taylor Via Fax 575-4168 Steve Adams Via Hand Delivery From: James N. McCord, Board Counsel/1P Re: Fayetteville Public Facilities Board Meeting dated, April 16, 2002 Date : April 15, 2002 • The Fayetteville Public Facilities Board will meet on Tuesday, April 16, 2002 beginning at 4:15 p.m. in the conference room of Stephens Inc., 3425 N. Futrell Drive, Suite 201, Fayetteville, Arkansas. Items on the agenda are: (1) Election of successor board members to fill two vacancies on the Fayetteville Public Facilities Board. Individuals to be considered for election to the Board are Tommy Deweese, Community Services Manager for SWEPCO, and Steve Cosby, a state certified real estate appraiser and president of Cosby&Associates, Inc. (2) A request by Grandview Affordable Housing Limited Partnership for a bond reservation in the amount of$5,200,000 for the purpose of maintaining affordable housing in the Fayetteville area. Grandview Affordable Housing Limited Partnership plans to acquire and rehabilitate the Grandview Apartments consisting of 128 units located at 401 W. 24th Street in Fayetteville. Information supplied by the applicant is attached. Counsel for the applicant, Wooten Epes with the Kutak Rock law firm, will be present at the Board meeting. cc: Fayetteville City Clerk(Via Fax 718-7695) Apr 15 02 03: 29p p• e Grandview Apartments 401 W.24th Street Fayetteville,Arkansas 72701 Grandview Apartments is a 128-unit multifamily housing development. The property was built in 1974 and contains 3 two-story garden style residential buildings offering 24 one- bedroom, 60 Iwo-bedroom and 24 three-bedroom units. Original construction consisted of a wood frame with siding and brick exterior with a pitched roof The property is built on 12.04 acres with 192 open parking spaces. Currem amenities for the property include a community leasing office, playground and laundry facilities. Residents pay for electric and gas utility services. The property is a government subsidized HUD Section 236 and HUD Section 8 property with 100%of the units available to tenants under the HUD Section 8 program. All of the units are reserved for low-income individuals and families according to HUD income qualifications. The renovations to each unit will include new interior and exterior paint, carpet,heating and cooling units, new lighting,cabinets and GE Nigh Efficiency appliances. Each unit will • have a mixture of carpeting and vinyl floor covering, ceiling fans,ranges, refrigerators, disposals, central air conditioning and window coverings. All two and three-bedroom units will contain dishwashers. The renovations to the property will include updating the leasing office, laundry facilities and other common areas as well as enhancing outdoor and playground areas. • These Applicant/proposed owner has estimated a cost of approximately$16,800 per unit for the renovation of the individual units and common areas, including exterior renovation Rpr 15 02 03:29p r°'3 The Applicant plans to acquire and rehabilitate this property through the use of tax exempt bonds and low income housing tax credit equity. Additionally,the developer will defer a portion of the developer fees earned for use as an additional source of funds. The Applicant, Grandview Affordable Housing Limited Partnership is requesting a bond reservation in the amount of$5.2M for the purpose of maintaining affordable housing in the Fayetteville area. Boards and Commissions July 11, 2001 PUBLIC FACILITIES BOARD Steve Adams 133 Hope Fayetteville, AR 72701 H)444-6500 W)444-0100 First term 02/27/97 to 03/02/02t ��yj/ p C a t, ____________ Mark Dutton ._25500 Bryant Place ' gv� 3 Springdale, AR 72764 1 / ' ' 1' ° ' rL W)631-3112 }/ 11 ?l� 02/06/97 to 01/01/02 r Dennis Smith 60749; ri Arkansas Trust Management 5 Lf 6 #1 West Mountain Street -1.05,A Fayetteville, AR 72701 W)444-6664 02/27/97 to 02/27/02 . Phillip Taylor BADM 204 College of Business Administration University of Arkansas Fayetteville, AR 72701 W)575-6122 02/27/97 to 03/02/02 r____ ne vacancy i ' Il 40 Boards and Commissions July 11, 2001 PUBLIC FACILITIES BOARD DESCRIPTION:Established November 21, 1978,the Public Facilities Board is authorized to issue revenue bonds to finance residential housing,health care and related facilities to persons of low or moderate income and for the elderly. TERMS: Staggered five-year terms, ending MEMBERS: The Board consists of five persons. APPOINTMENT: Vacancies are filled by the Board. There is one vacancy on the Board. CONTACT: Jim McCord, Board Counsel, 695-5200. PUBLIC NOTIFICATION: MEETING TIMES: On call. 39 • FAYETTEVILLE,ARKANSAS PUBLIC FACILITIES BOARD 2001 Annual Report The Fayetteville Public Facilities Board {the "Board") met .one time in 2001. On March 28, 2001, the Board adopted an Inducement Resolution to enable developers of a proposed multi-family affordable housing apartment project on Wedington Road to submit an application to the Arkansas Development Finance Authority {°ADFA") for an allocation of tax exempt bonds under the volume cap for the State of Arkansas: The Board did not meet again in 2001. An operating and financial statement is not attached hereto because the Board had no operating budget and.held no money in 2001. Respectfully submitted, Fayetteville Public Facilities Board By: Dennis L.Smith, Chairman RECEWED FEB 2 7 2002 CITY OF FAYc 1TEV'ILLE CITY CLEr�i;5 CFFFICE I • . • RESOLUTION NO. 4-9 9 MICROFILMED A RESOLUTION AMENDING THE RULES OF ORDER AND PROCEDURE FOR FAYETTEVILLE MAYORJCITY COUNCIL, • SECTION H., CITIZENS COMMITTEES, SUBSECTION 2.d., SELECTION OF MEMBERS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: • Section 1. That the City Council hereby amends the Rules of Order and Procedure for Fayetteville Mayor/City Council as follows: H. CITIZENS COMMITTEES. 2. Selection of Members. d. Any person who has served two consecutive full terms on any City. commission or board shall not be eligible for reappointment to the same commission or board until.one full term of office has expired,unless there are an insufficient number of qualified applicants to fill all vacancies. A full term shall be, the term established by the City Council for the commission or board,or an appointment to a vacant position when the person appointed participates in regularly scheduled meetings of the commission or board for one-half or more of the term established by the City Council. Section 2. A copy of the amended Rules of Order and Procedure for Fayetteville Mayor/City Council is hereby attached and made part hereof. PASSED AND APPROVED this_5t'day of January , 1999. APPROVED: i .. B /al/ -4p.! red Hanna,Mayor • • ATTEST: 4/,7- d;7 ' Heather Woodruff, CityCea • Res . 4-99 hi RULES OF ORDER AND PROCEDURE FAYETTEVILLE MAYOR/CITY COUNCIL Re-Adopted December 15,1981 Re-Adopted January 4,1983 Re-Adopted January 8,1985 Re-Adopted January 6,1987 Re-Adopted January 3,1989 Revised and Adopted January 3,1991 Revised November 10,1992 Revised and Adopted April 18,1995 Revised October 3,1995(Resolution No.126-95) Revised February 3,1998(Resolution No.18-98) Revised January 5,1999(Resolution No.99-4) A. CITY COUNCIL MEETINGS 1. Regular Meetings The City Council shall meet in regular session on the first and third Tuesday of each month at 6:30 p.m. When a holiday occurs on any such Tuesday,the regular meeting shall be held on the following Wednesday at the same hour unless otherwise provided for by motion. The regular meeting time may be rescheduled by the City Council in special circumstances, but when so done the change must be made far enough in advance to allow normal public notification. 2. Location The place of City Council meetings shall be the Councilmembers' Room in the City Administration Building unless another place has been previously set by the City Council. 3. Special Meetings Special meetings may be called by three or more Aldermen, orby the Mayor. Notification of a special meeting, including specific items to be considered, shall be at least two.hours prior to the meeting. Such notification shall be by personal service to each member or by telephone, specifying time and place of meeting. No business shall be transacted at any special meeting of the City Council unless the same has been stated in the notice of such meeting. However, any additional business which may lawfully come before a regular meeting may be transacted at a special meeting if all the members of the City Council present.consent thereto and all the absent members file their written consent. 4. Executive Session An executive session may be convened on the request of any member of the City Council or the Mayor. Page 2 Rules of Order&Procedure Mayor/City Council Revised January 5, 1999 Executive sessions will be permitted only for the purpose of considering the employment, appointment,promotion, demotion, disciplining,or resignation of any public officer or employee. All executive sessions shall be conducted strictly within the letter and the spirit of the Arkansas Freedom of information Act. 5. Quorum A majority of the City Council shall be necessary to constitute a quorum to do business. The concurring vote of a majority of those attending a meeting,providing a quorum is present, shall represent the acts of the City Council except where otherwise provided by law or by these rules. • 6. Public Notification and Participation The City will,if necessary,go further than legally required in order to inform citizens of the items to be considered by the City Council. The means used will include advertisements in a local newspaper, special notice to citizens who have shown a direct interest in matters to be considered, and agendacopies available at City Council meetings. Members of the audience will be offered an opportunity to speak on all questions before the City Council. Any public member 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 Council members. All remarks shall be addressed to the City Council as a whole and not to any particular member of the City Council. No person other than the City Council members and the person having the floor shall be permitted to enter into any discussions without permission of the Presiding Officer. No questions shall be asked a City Council member or city employee except through the Presiding Officer. All members of the public are requested to accord the utmost courtesy to members of the City Council, to other members of the public appearing before the City Council and to city staff,and are asked to refrain at all times from rude or derogatory remarks,reflections as to integrity, abusive comments and statements as to motives and personalities. • • • Page 3 Rules of Order&Procedure Mayor/City Council Revised January 5, 1999 7. Smoking Prohibited There will be no smoking allowed in the Councilmembers' Room during City Council meetings. B. DUTIES AND PRIVILEGES OF ALDERMEN AT CITY COUNCIL MEETINGS 1. Seating Members shall occupy the respective seats in the Councilmembers'Room assigned by position number except that the presiding officer (Mayor or Assistant Mayor) shall be seated near the center of the Councilmembers'table. 2. Conduct During City Council meetings City Councilmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings. Neither shall they refuse to obey the orders of the Presiding Officer or the rules of the City Council. Every member of the City Council desiring to speak shall address the chair and,upon recognition by the Presiding Officer,shall confine herself or himself to the question under debate and shall avoid all personalities and indecorous language. A City Council member once recognized shall not be interrupted while speaking unless called to order by the Presiding Officer,unless a point of order is raised by another member or unless the member chooses to yield to questions from another member. If a member is called to order while he/she is speaking,he/she shall cease speaking immediately until the question of order is determined. If ruled to be not in order, he/she shall remain silent or shall alter her/his remark so as to comply with the rules of the City Council. All members of the City Council shall accord the utmost courtesy to each other,to city employees,and to members of the public appearing before the City Council, and shall refrain at all times from rude or derogatory remarks,reflections as to integrity, abusive comments and statements as to motives and personalities. City Council members shall confine their questions as to the particular matters before the City Council and in debate shall confine their remarks to the issues before the City Council. Page 4 Rules of Order&Procedure Mayor/City Council Revised January 5, 1999 3. Personal Interest No member of the City Council with a direct or indirect financial or personal interest in any item before the City Council shall participate in the discussion of or voting on such matter. 4. Voting Every member present when a question is put to a vote shall vote either "yes" or "no", except that a member may abstain from voting if he or she has not participated in the preceding discussion of the question and if that member briefly states the reason for the abstention. The Councihnembers will vote at City Council meetings in the order of their position number, but with a progressively different position voting first at each meeting. 5. Roll ( all Upon every vote the affirmative and negative votes shall be called and shall be recorded on every motion, resolution and ordinance; however, items which may be approved by motion, or contracts and leases which can be approved by resolution, may be grouped together and approved simultaneously with one roll call, under a "Consent Agenda." C. THE PRESIDING OFFICER 1. Assistant Mayor The City Council shall at the time of organizing, in public session, elect one of its members as Assistant Mayor. Any Councihnember may nominate himself or herself or any other member of the City Council for these positions, and no second of a nomination is required: Each Councilmember shall vote by naming his or her choice by voice vote if there is more than one nominee for a position. A majority vote of the City Council shall be required for election. The Mayor shall preside at all meetings of the-City Council; in the absence of the Mayor,the duties shall be performed by the Assistant Mayor. 2. Privileges of the Presiding Officer The Assistant Mayor acting as The Presiding Officer may move, second and debate from the chair and shall not be deprived of the rights and privileges of being a member of the City Council by reason of her or his acting as the Presiding Officer. • Page 5 Rules of Order&Procedure Mayor/City Council Revised January 5, 1999 D. PROCEDURES AND PARLIAMENTARY RULES 1. Order of Business The City Council's agenda order shall be coordinated by the Mayor. All items for discussion or action at the regular council meeting shall be included in a Tentative Agenda provided to Aldermen prior to an Agenda Session where the Aldermen shall determine the final arrangement of the Agenda. Any item the Mayor wishes to include on the Final Agenda that was not included on the Tentative Agenda may only be added to the Final Agenda during the Agenda Session and only a majority vote of the Aldermen serving on the City Council. At the regular meeting of the Council,the City Council,by majority vote,may rearrange the order of the Agenda. 2. Precedence of Motions The City Council shall follow the precedence and classification of motions as given in the most recent edition of the Arkansas Municipal League's "Handbook for Arkansas Municipal Officials." In the event a matter is not covered by the Handbook, the most recent edition of"Robert's Rules of Order" shall apply. On questions of appeal, a majority of those present is required to overturn a ruling of the chair. 3. Motions to be Stated by the Chair/Withdrawal When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. After being stated by the Mayor, a motion may not be withdrawn by the mover without the consent of the member seconding it and approval of the City Council. 4. Reconsideration After the decision of any question, any member of the majority may request a reconsideration of any action at the same or the next succeeding meeting;provided, however,that a resolution authorizing or relating to any contract may be reconsidered at any time before final execution thereof. A motion to reconsider requires a simple majority for passage. After a motion for reconsideration has once been acted on,no other motion for reconsideration thereof shall be made without unanimous consent. Page 6 Rules of Order&Procedure Mayor/City Council Revised January 5, 1999 5. Readings All ordinances shall be read aloud at three different meetings unless the City Council votes to waive the rules. The following guidelines for waiving rules are recommended to be followed: • The first discussion of an issue by the City Council will be conducted on the first reading. • If the issue was heard at a previous meeting or hearing, or if there is no opposition to the ordinance, the Council may waive the rules and go to the second or third reading. • Annexation or rezoning ordinances will be read aloud on at least two different meetings unless there is clearly no opposition to the ordinance. E. INTERNAL BOARDS, COMMITTEES, COMMISSIONS AND APPOINTMENTS 1. 14 • nr • is i • 1 . gip . I iiiii'► • • iii n ' 'ii i1 Appointments The only standing internal committee of the City Council shall be the Nominating Committee. The Mayor shall determine the number of Councilmembers to comprise the Nominating Committee and shall appoint Councilmembers to the committee. Any Councilrnember who desires to serve on the Nominating Committee shall so inform the Mayor and the Mayor shall attempt to assign'Councilmembers who have expressed a preference for serving on the Nominating Committee. The Mayor shall also designate the member who is to serve as chairperson of each committee. Any Councilmember dissatisfied with committee assignments, or the chairpersons selected, can appeal tothe whole City Council. Ad hoc committees may be appointed either by the Mayor or by a majority vote of the City Council to study special problems and projects of the city. 2. Notification and Attendance All Councilmembers, representatives of the news media who have requested notification, and other persons who have shown a direct interest in matters to be considered at a committee meeting, shall be notified of City Council committee meetings. • • Page 7 Rules of Order&Procedure Mayor/City Council Revised January 5, 1999 Committee meetings shall be held when possible at times that allow all members of the committee to attend. In order for a committee to make an official recommendation to the City Council, a majority of the committee members must agree on that recommendation. Councilmembers who are not members of a particular City Council committee may generally participate in the meeting of that committee except for voting on committee recommendations, but the chairman may rule otherwise. 3. R 1 1 : • I , f 1 11 . 1 t When it is necessary to appoint a Councilmember to an external board, commission or committee, selection of that Councilmember shall be made by a majority vote of the City Council. That selection shall be made by nomination and vote'in a public session. Any Councilmember may nominate himself or herself or any other member of the City Council, and no second is required. Each Councilmember shall vote by naming his or her choice by voice vote if there is more than one nominee for a position. A majority vote of the City Council shall be required for election. F. MAYOR RELATIONSHIP 1. Definition of Authority In exercising its management responsibilities,the City Council reserves its authority to approve policy which represents broad statements of its intentions, approve plans and programs, and delegate authority of administration to the Mayor, except those rights that are by law conferred upon or reserved to the City Council. The City Council delegates the authority to the Mayor to hire capable personnel within an approved wage and salary policy, to plan and establish schedules and to train, supervise and terminate employees. 2. Definition of Responsibilities The Mayor has the principal responsibility for directing the operations of the city government, and for advising and assisting the City Council in its deliberations. In connection with this latter responsibility,the City Council expects_and requests the Mayor to furnish it with whatever data, information and material it may need to properly carry out its functions in an informed manner. The City Council also expects the Mayor to abide by the Code of Ethics of the International Mayor's Association. • • Page 8 Rules of Order& Procedure Mayor/City Council Revised January 5, 1999 3. City Council/Mayor Cooperation Efficient management of the city can exist only through mutual understanding and complete cooperation between the City Council and the Mayor. The Mayor's performance cannot be of the best unless he or she is given the latitude to exercise independent judgment in executing policies of the City Council. The City Council acknowledges that obligation and gives the Mayor the latitude of judgment and discretion, and expects faithful performance in carrying out the policies of the City Council. While open communication between the City Council and City personnel is encouraged, it shall be understood that administrative authority for the management of the City rests with the Mayor. Members of the City Council should refrain, as individuals, from giving specific direction or instruction to City personnel pertaining to the discharge of assigned duties. G. CODE OF ETHICS 1. General Members of the City Council occupy positions of public trust. All business transactions of such officials dealing in any manner with public funds, either directly or indirectly, must be subject to the scrutiny of public opinion both as to the legality and to the propriety of such transactions. 2. Conflict of Interest Councilmembers shall refrain from making use of special knowledge or information before it is made available to the general public; shall refrain from making or influencing decisions involving business associates, customers, clients, competitors and immediate family members and shall comply with all lawful actions, directives and orders of duly constituted municipal officers as such may be issued in the normal and lawful discharge of the duties of these municipal officers. Nothing herein, however, shall serve to deny Councilmembers of the legal rights and privileges available to all Fayetteville citizens. 3. : • ell , + i _ . . • 1 Councilmembers shall conduct themselves so as to bring credit upon the city as a whole and so as to set an example of good ethical conduct for all citizens of the community. Councilmembers shall bear in mind at all times their responsibility to