HomeMy WebLinkAbout2011-11-01 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
November 1, 2011
A meeting of the Fayetteville City Council will be held on November 1, 2011 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
1. Award Presentation- National Council for Public-Private Partnerships recognition of the
City of Fayetteville, Ark., and CH2M HILL with a Public-Private Partnership
Sustainability Awards—Richard Norment NCPPP representative
Agenda Additions:
A. Consent:
1. Approval of the October 18, 2011 City Council meeting minutes. APPROVED
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. 2012 Chevrolet Colorado 4X4: A resolution approving a budget adjustment in the
amount of $19,950.00 to fund the purchase of a 2012 Chevrolet Colorado 4X4 pickup
truck by the Fleet Operations Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 185-11
3. Snow Plow and Spreader: A resolution approving a budget adjustment in the amount of
$48,000.00 to fund the purchase of snow plow and spreader attachments for existing
vehicles by the Fleet Operations Division.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 186-11
4. Mt. Sequoyah Center, Inc.: A resolution amending Resolution No. 140-11 and
approving a participation and unsecured loan agreement with Mount Sequoyah Center,
Inc. to perform energy retrofit services in the amount of$164,536.68 as part of the City
of Fayetteville Community Revolving Loan Fund for Energy Efficiency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 187-11
5. Bid #11-23 Schefers Roofing Company: A resolution approving an agreement in the
amount of$43,536.00 with Schefers Roofing Company, pursuant to Bid#11-23, for the
installation of roofing as part of the Mount Sequoyah Center, Inc. Community Revolving
Loan Fund for Energy Efficiency Agreement.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 188-11
6. Bid #11-62 Wyatt Contracting, Inc.: A resolution awarding Bid#11-62 and approving
a contract with Wyatt Contracting, Inc. in the amount of$59,530.00 for the construction
of a Lake Sequoyah boat ramp and courtesy dock, approving a ten percent (10%) project
contingency, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 189-11
7. Fire Station No. 3: A resolution approving a settlement agreement between the City,
Heckathorn Construction Company, Inc., Don Spann AIA Architect, and Batson Bravo
Engineering related to mold remediation and repairs completed at Fire Station No. 3, and
approving a budget adjustment in the amount of$12,170.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 190-11
8. McGoodwin, Williams & Yates: A resolution approving a contract with McGoodwin,
Williams & Yates in the amount of $105,000.00 for engineering and design of the
Broyles Avenue recycling drop off and education facility, and approving a five percent
(5%) contingency.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 191-11
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
9. Arkansas State Highway and Transportation Department: A resolution approving a
budget adjustment in the amount of$596,957.75 recognizing revenue from the Arkansas
State Highway and Transportation Department for water and sewer relocations related to
the widening of State Highway 265 (Crossover Road) between Mission Boulevard and
Joyce Boulevard.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 192-11
B. Public Hearing:
1. Parking Revenue Improvement Bonds a discussion about the advisability of issuing
parking revenue improvement bonds to finance the construction of an Entertainment
District parking deck.
PUBLIC HEARING WAS OPENED,CONDUCTED AND CLOSED.
C. Unfinished Business: None
D. New Business:
1. Parking Revenue Improvement Bonds: An ordinance authorizing the issuance and
sale of not to exceed $6,500,000 of Parking Revenue Improvement Bonds by the City of
Fayetteville, Arkansas for the purpose of financing all or a portion of the costs of
acquisition, construction and equipping of a parking deck facility, authorizing the
execution and delivery of a trust indenture pursuant to which the bonds will be issued and
secured; authorizing the execution and delivery of an official statement pursuant to which
the bonds will be offered; authorizing the execution and delivery of a bond purchase
agreement providing for the sale of the bonds; authorizing the execution and delivery of a
continuing disclosure agreement; and prescribing other matters relating thereto.
THIS ITEM WAS LEFT ON THE FIRST READING.
2. Parking Revenue Fund: An ordinance establishing a Parking Revenue Fund and
restricting expenditures therefrom.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5455
3. Sales Tax Capital Fund: An ordnance to enact §34.09 Sales Tax Capital Fund of the
Code of Fayetteville.
THIS ITEM WAS LEFT ON THE SECOND READING.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
4. VAC 11-3944 (3670 N. Lalique LaneNPR Investments): An ordinance approving
VAC 11-3944 submitted by Bates and Associates for property located at 3670 Lalique
Lane to vacate a utility easement, a total of 150.15 square feet.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5456
5. Amend Rules of Order and Procedure: A resolution to amend the Rules of Order and
Procedure of the Fayetteville City Council to clarify the procedure of presenting agenda
items during City Council meetings.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 193-11
6. AT&T U-verse Agreement: A resolution to approve a five year renewal of the AT&T
U-verse Agreement.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 194-11
City Council Tour:
Announcements:
Adjournment: 8:45 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 parties may appear and be heard before the City Council. Ifyou wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to spear
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required. For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: November 1, 2011 Adjourn: 914S P,AAL,
Subject: Roll
Ferrell
Adams V
Lewisp�
Gray ✓/
Boudreaux V
Kinion ✓
Petty ✓
Tennant ✓
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Ferrell
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Mayor Jordan
City Council Meeting: November 1,2011
Subject: Consent
Motion To:
If Q
Motion By:
Seconded:
Ferrell
Minw}e5 Adams
O-PPI.44J Lewis Q �SPv1 F
P Gray ✓
ou reaux
$ ' Kinion
7/N Petty ✓
Tennant ✓
Mayor Jordan
'7-6)
Subject:
Motion To:
Motion By:
Seconded:
Ferrell
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Mayor Jordan
City Council Meeting: November 1,2011
Subject: Parking Revenue Improvement Bonds
Motion To:
RJtc f4e an;nA
Motion By:
Seconded: F CIA !,
B 1 Ferrell
Public Hearing Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Ferrell
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Mayor Jordan
City Council Meeting: November 1,2011
Subject: None
Motion To:
Motion By:
Seconded:
C. 1 Ferrell
Unfinished Adams
Business Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Mayor Jordan
Subject:
g
Ferrell
Adams
Lewis
Gray
Boudreaux
Kinion
Petty
Tennant
Mayor Jordan
City Council Meeting: November 1,2011
Subject: Parking Revenue Improvement Bonds
Motion To:
Motion By:
Seconded:
D. 1 Ferrell
New Adams
Business Lewis
Gray
bBoudreaux
0644L Kinion
�w Petty
11 Tennant
Mayor Jordan
Subject: Parking Revenue Fund
Motion To: 4
Motion By:
Seconded: , "J
D 2 Ferrell L� ✓
New Adams L�11- L-
Business Lewis ",5 e** y
Gray vl�
Boudreaux �
t�f ~
Kinion
6q 65 Petty
Tennant
Mayor Jordan
- -0 710
City Council Meeting: November 1, 2011
Subject: Sales Tax Ca ital Fund
Motion To:
Motion By:
Seconded:
D.3 Ferrell
New Adams ✓
Business Lewis
Gray ✓
Boudreaux e/
t� Kinion
a f _ Petty !✓
-t Tennant ✓
. iNO, Mayor Jordan
Subject: VAC 11-3944 (3670 N. Lali ue LaneNPR Investments)
Motion To:
Motion By: G�
Seconded:
D. 4 Ferrell r/ f
New Adams i/ �/ k-01'
Business Lewis
Gray i✓ �''
Boudreaux ✓ W",
Kinion ✓ �'
cl r( W Petty t
Tennant '� ✓
Mayor Jordan
7 -0 7 -0 7-0
City Council Meeting: November 1,2011
Subject: Amend Rules of Order and Procedure
Motion To: n
Motion By: /-
Seconded:
D. 5 Ferrell ✓
New Adams Vr'
Business Lewis �S
Gray +d
pBoudreaux 6011"
Kinion bol
(q3—ti Petty „r
Tennant
Mayor Jordan
7-0
Subject: AT&T U-verse Agreement
Motion To:
Motion By:
Seconded:
D. 6 Ferrell
New Adams �f
Business Lewis
Gray tl "
Boudreaux w
Kinion a
Petty �}
Tennant
Mayor Jordan
TaTeTeLvil
eDepartmental Correspondence
LEGAL
• • DEPARTMENT
Kit Williams
TO: Mayor Jordan City Attorney
Jason B.Kelley
Assistant City Attorney
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: November 2, 2011
RE: Amended Memo: Resolutions and Ordinances prepared by the City
Attorney's Office and passed at the City Council meeting of
November 1, 2011
1. 2012 Chevrolet Colorado 4x4: A resolution approving a budget
adjustment in the amount of $19,950.00 to fund the purchase of a 2012 Chevrolet
Colorado 4x4 pickup truck by the Fleet Operations Division.
2. Snow Plow & Spreader: A resolution approving a budget adjustment in
the amount of $48,000.00 to fund the purchase of a snow plow and spreader
attachments for existing vehicles by the Fleet Operations Division.
3. Mt. Sequoyah Center, Inc.: A resolution amending Resolution #140-11
and approving a participation and unsecured loan agreement with Mount Sequoyah
Center, Inc. to perform energy retrofit services in the amount of $164,536.68 as
part of the City of Fayetteville Community Revolving Loan Fund for Energy
Efficiency.
4. Bid #11-23 Schefers Roofing Company: A resolution approving an
agreement in the amount of$43,536.00 with Schefers Roofing Company, pursuant
to Bid No. 11-23, for the installation of roofing as part of the Mount Sequoyah
Center, Inc. Community Revolving Loan Fund for Energy Efficiency Agreement.
5. Bid #11-62 Wyatt Contracting, Inc.: A resolution awarding Bid No. 11-62
and approving a contract with Wyatt Contracting, Inc. in the amount of$59,530.00
for the construction of a Lake Sequoyah Boat Ramp and Courtesy Dock, approving
a 10%project contingency, and approving a budget adjustment.
6. Fire Station No. 3: A resolution approving a settlement agreement between
the City, Heckathorn Construction Co., Inc., Don Spann AIA Architect, and Batson
Bravo Engineering related to mold remediation and repairs completed at Fire
Station No. 3, and approving a budget adjustment in the amount of$12,170.00.
7. McGoodwin, Williams & Yates: A resolution approving a contract with
McGoodwin, Williams & Yates in the amount of$1.05,000.00 for engineering and
design of the Broyles Avenue Recycling Drop Off and Education Facility, and
approving a 5% contingency.
8. Arkansas State Highway and Transportation Department: A resolution
approving a budget adjustment in the amount of$596,957.75 recognizing revenue
from the Arkansas State Highway and Transportation Department for water and
sewer relocations related to the widening of State Highway 265 (Crossover Road)
between Mission Boulevard and Joyce Boulevard.
9. Parking Revenue Fund: An ordinance establishing a parking revenue fund
and restricting expenditures therefrom.
10. Amended Rules of Order and Procedure: A resolution to amend the
Rules of Order and Procedure of the Fayetteville City Council to clarify the
procedure of presenting agenda items during City Council meetings.
11. AT&T U-verse Agreement: A resolution to approve a five year renewal of
the AT&T U-verse Agreement.
2
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
7ayve e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
November 1, 2011
A meeting of the Fayetteville City Council will be held on November 1, 2011 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
1. Award Presentation- National Council for Public-Private Partnerships recognition of the
City of Fayetteville, Ark., and CH2M HILL with a Public-Private Partnership
Sustainability Awards—Richard Norment NCPPP representative
Agenda Additions:
A. Consent:
1. Approval of the October 18, 2011 City Council meeting minutes.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
2. 2012 Chevrolet Colorado 4X4: A resolution approving a budget adjustment in the
amount of $19,950.00 to fund the purchase of a 2012 Chevrolet Colorado 4X4 pickup
truck by the Fleet Operations Division.
3. Snow Plow and Spreader: A resolution approving a budget adjustment in the amount of
$48,000.00 to fund the purchase of snow plow and spreader attachments for existing
vehicles by the Fleet Operations Division.
4. Mt. Sequoyah Center, Inc.: A resolution amending Resolution No. 140-11 and
approving a participation and unsecured loan agreement with Mount Sequoyah Center,
Inc. to perform energy retrofit services in the amount of$164,536.68 as part of the City
of Fayetteville Community Revolving Loan Fund for Energy Efficiency.
5. Bid #11-23 Schefers Roofing Company: A resolution approving an agreement in the
amount of$43,536.00 with Schefers Roofing Company, pursuant to Bid#11-23, for the
installation of roofing as part of the Mount Sequoyah Center, Inc. Community Revolving
Loan Fund for Energy Efficiency Agreement.
6. Bid #11-62 Wyatt Contracting, Inc.: A resolution awarding Bid #11-62 and approving
a contract with Wyatt Contracting, Inc. in the amount of$59,530.00 for the construction
of a Lake Sequoyah boat ramp and courtesy dock, approving a ten percent (10%) project
contingency, and approving a budget adjustment.
7. Fire Station No. 3: A resolution approving a settlement agreement between the City,
Heckathorn Construction Company, Inc., Don Spann AIA Architect, and Batson Bravo
Engineering related to mold remediation and repairs completed at Fire Station No. 3, and
approving a budget adjustment in the amount of$12,170.00.
8. McGoodwin, Williams & Yates: A resolution approving a contract with McGoodwin,
Williams & Yates in the amount of $105,000.00 for engineering and design of the
Broyles Avenue recycling drop off and education facility, and approving a five percent
(5%) contingency.
9. Arkansas State Highway and Transportation Department: A resolution approving a
budget adjustment in the amount of$596,957.75 recognizing revenue from the Arkansas
State Highway and Transportation Department for water and sewer relocations related to
the widening of State Highway 265 (Crossover Road) between Mission Boulevard and
Joyce Boulevard.
B. Public Hearing:
1. Parking Revenue Improvement Bonds a discussion about the advisability of issuing
parking revenue improvement bonds to finance the construction of an Entertainment
District parking deck.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
C. Unfinished Business: None
D. New Business:
1. Parking Revenue Improvement Bonds: An ordinance authorizing the issuance and
sale of not to exceed $6,500,000 of Parking Revenue Improvement Bonds by the City of
Fayetteville, Arkansas for the purpose of financing all or a portion of the costs of
acquisition, construction and equipping of a parking deck facility, authorizing the
execution and delivery of a trust indenture pursuant to which the bonds will be issued and
secured; authorizing the execution and delivery of an official statement pursuant to which
the bonds will be offered; authorizing the execution and delivery of a bond purchase
agreement providing for the sale of the bonds; authorizing the execution and delivery of a
continuing disclosure agreement; and prescribing other matters relating thereto.
2. Parking Revenue Fund: An ordinance establishing a Parking Revenue Fund and
restricting expenditures therefrom.
3. Sales Tax Capital Fund: An ordnance to enact §34.09 Sales Tax Capital Fund of the
Code of Fayetteville.
4. VAC 11-3944 (3670 N. Lalique LaneNPR Investments): An ordinance approving
VAC 11-3944 submitted by Bates and Associates for property located at 3670 Lalique
Lane to vacate a utility easement, a total of 150.15 square feet.
5. Amend Rules of Order and Procedure: A resolution to amend the Rules of Order and
Procedure of the Fayetteville City Council to clarify the procedure of presenting agenda
items during City Council meetings.
6. AT&T U-verse Agreement: A resolution to approve a five year renewal of the AT&T
U-verse Agreement.
City Council Tour:
Announcements:
Adjournment:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. Ifyou wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to spear
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required. For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
D. 1
Parking Revenue
Improvement Bonds
aye rvl e THE CITY OF FAYETTEVILLE,A�AAis
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan and Members of the Fayetteville City Council
Thru: Don Marr, Chief of Staff
From: Paul A Becker, Finance Director
Date: October 13, 2011
Subject: Request Approval of a Bond Ordinance Authorizing the Issuance of Parking Revenue Bonds
Recommendation:
Staff recommends the approval of a Parking Revenue Bond Ordinance in an amount not to exceed a face value
of$6,500,000.Sale of the bonds authorized will be repaid with net parking revenues which will be pledged for
that purpose. The coverage for calculation for these bonds will be 1.25% average debt service required per year.
In order to secure the bonds, it will be necessary for the City to covenant that fees, rents fines, and charges
generating Net Parking Revenue, if and when necessary, from time to time, be increased in such a manner as to
produce Net Parking Revenue sufficient to equal 1.25% of the annual debt service on bonds outstanding and
any amount, if any, required to maintain the debt service reserve requirement. The initial coverage for the
amount required is calculated to be 1.4% coverage which should be more than adequate for the near future.
Issues•
The need for additional parking in the Entertainment District has been recognized and discussed for many
years. However, no revenue stream was available to the City to provide additional parking space or build a
parking facility to accommodate the need for parking. Mayor Jordan brought forward the paid parking program,
which the Council subsequently adopted, to address that need. Adoption of this ordinance will provide the
necessary funding to proceed with the parking facility project.
BUDGETIMPACT•
Again, the sale of the bonds authorized by this resolution will provide the funding necessary to move forward
with the project. The bond sale is expected to net approximately$5,500,000 for the project. The balance of the
Amount generated will be needed to meet reserve requirements and pay issuance costs.
D. 1
Parking Revenue
Improvement Bonds
Page 2 of 2
D.6
THE CITY OF FAYETTEVikl,TJAt'KM9A&ement
ATION
7ay e LlLk Pyetteville, 872701113 West Mountain
Fayetteville,AR 72701
P(479)575-8330 F(479)575-8257
CITY COUNCIL MEMO
TO: Mayor Lioneld Jordan and City Council
FROM: Lindsley Smith, Communication Director
DATE: October 25, 2011
SUBJECT: Five Year Renewal of AT&T Arkansas' Agreement
RECOMMENDATION
Approval of the proposed Agreement between the City of Fayetteville and AT&T Arkansas. As
Communication Director for the City of Fayetteville, I recommend renewal of the existing AT&T Arkansas
Agreement for a second 5-year term with the provision for added service without cost to the City of Fayetteville
Television Center for effective City monitoring of the channels on AT&T U-Verse once the AT&T service
builds out to the area of Fayetteville in which the City's Television Center is located.
BACKGROUND
The Agreement with AT&T Arkansas comes up for renewal in December of 2012 when the existing 5-year
agreement ends. This current Agreement for review by the Fayetteville City Council is an extension of the
existing 5-year agreement with an addition that AT&T agrees to provide free of charge basic video service
connection and a set top box enabling the City to receive basic AT&T U-verse TV service at the Television
Center for the purpose of monitoring its PEG channel broadcasts.
DISCUSSION
City Attorney Kit Williams and Chief of Staff Don Marr met several times with AT&T representatives in
preparing the AT&T Agreement. It was determined that the existing AT&T Agreement has worked well for the
City of Fayetteville, and the agreement currently for consideration by the City Council is an extension of that
Agreement with added value for the City of Fayetteville.
The agreement was provided to the Telecommunications Board on October 11, 2011, for review before their
regularly-scheduled monthly meeting,which was held on October 20, 2011, in City Hall. City Attorney Kit
Williams and I presented the agreement item to the Board on October 20. Also, AT&T representative Cathy
Foraker was present to address any questions of the Telecommunications Board. The Board voted unanimously
in favor of the AT&T Agreement and to send it forward to the City Council for approval. The Agreement has
also been approved and signed by AT&T. It, therefore, comes to the City Council with consensus support and
no known opposition.
BUDGETIMPACT
The total cost of this Agreement for the City of Fayetteville is $0.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701
D.6
AT&T U-verse Agreement
Page 2 of 2
City Council Meeting Minutes
November I,2011
Page 1 of 12
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
a e e�l e Ward 1 Position 2—Brenda Boudreaux
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
City of Fayetteville Arkansas
City Council Meeting Minutes
November 1, 2011
A meeting of the Fayetteville City Council was held on November 1, 2011 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Alderman Gray, Boudreaux, Kinion, Petty, Tennant, Ferrell, Adams, Mayor
Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
ABSENT: Alderman Lewis
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Award Presentation—National Council for Public-Private Partnerships recognition of the City of
Fayetteville, Ark., and C112M HILL with a Public-Private Partnership Sustainability Awards —
Richard Norment NCPPP representative
Richard Norment, NCPPP Representative explained the process of selecting a recipient. He
presented the award to Mayor Jordan on behalf of the City of Fayetteville and CH2M Hill.
Mayor Jordan recognized and thanked Billy Ammons, Duyen Tran, and David Jurgens. He
also thanked the City Council and citizens of Fayetteville for their hard work.
Agenda Additions: None
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
November I,2011
Page 2 of 12
Consent:
Approval of the October 18, 2011 City Council meeting minutes.
Approved
2012 Chevrolet Colorado 4X4: A resolution approving a budget adjustment in the amount of
$19,950.00 to fund the purchase of a 2012 Chevrolet Colorado 4X4 pickup truck by the Fleet
Operations Division.
Resolution 185-11 as recorded in the office of the City Clerk.
Snow Plow and Spreader: A resolution approving a budget adjustment in the amount of
$48,000.00 to fund the purchase of snow plow and spreader attachments for existing vehicles by
the Fleet Operations Division.
Resolution 186-11 as recorded in the office of the City Clerk.
Mt. Sequoyah Center, Inc.: A resolution amending Resolution No. 140-11 and approving a
participation and unsecured loan agreement with Mount Sequoyah Center, Inc. to perform energy
retrofit services in the amount of $164,536.68 as part of the City of Fayetteville Community
Revolving Loan Fund for Energy Efficiency.
Resolution 187-11 as recorded in the office of the City Clerk.
Bid #11-23 Schefers Roofing Company: A resolution approving an agreement in the amount
of $43,536.00 with Schefers Roofing Company, pursuant to Bid #11-23, for the installation of
roofing as part of the Mount Sequoyah Center, Inc. Community Revolving Loan Fund for
Energy Efficiency Agreement.
Resolution 188-11 as recorded in the office of the City Clerk.
Bid #11-62 Wyatt Contracting, Inc.: A resolution awarding Bid #11-62 and approving a
contract with Wyatt Contracting, Inc. in the amount of$59,530.00 for the construction of a Lake
Sequoyah boat ramp and courtesy dock, approving a ten percent (10%) project contingency, and
approving a budget adjustment.
Resolution 189-11 as recorded in the office of the City Clerk.
Fire Station No. 3: A resolution approving a settlement agreement between the City,
Heckathorn Construction Company, Inc., Don Spann AIA Architect, and Batson Bravo
Engineering related to mold remediation and repairs completed at Fire Station No. 3, and
approving a budget adjustment in the amount of$12,170.00.
Resolution 190-11 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
November I,2011
Page 3 of 12
McGoodwin, Williams & Yates: A resolution approving a contract with McGoodwin,
Williams & Yates in the amount of $105,000.00 for engineering and design of the Broyles
Avenue recycling drop off and education facility, and approving a five percent (5%)
contingency.
Resolution 191-11 as recorded in the office of the City Clerk.
Arkansas State Highway and Transportation Department: A resolution approving a budget
adjustment in the amount of$596,957.75 recognizing revenue from the Arkansas State Highway
and Transportation Department for water and sewer relocations related to the widening of State
Highway 265 (Crossover Road)between Mission Boulevard and Joyce Boulevard.
Resolution 192-11 as recorded in the office of the City Clerk.
Alderman Boudreaux moved to approve the Consent Agenda as read. Alderman Tennant
seconded the motion. Upon roll call the motion passed 7-0. Alderman Lewis was absent.
Public Hearin:
Parking Revenue Improvement Bonds a discussion about the advisability of issuing parking
revenue improvement bonds to finance the construction of an Entertainment District parking
deck.
Mayor Jordan opened the Public Hearing
Paul Becker, Finance Director gave a brief description of the revenue bonds.
The Pubic Hearing was conducted
Dan Coody, a citizen expressed his concerns with the timing of the bonds and pointed out that it
says "issued for 2011" in the ordinance. He questioned if you have that in the ordinance is it still
okay to issue them in 2012.
Gordon Wilburn with Kutak Rock: If they are sold next year that representation does not have
to be made in an ordinance, you can do it in a closing certificate but we would have to revisit the
issue at that point to see if you had that same intent in 2012 and you could make the certification
at that point. That section is not necessary if you are not going to sell the bonds this year.
Dan Coolly stated one thing we don't want to do is issue bonds and then try to discover where
we are going to place it, etc. All these things can add up to a huge amount of money that we are
not prepared to spend. He expressed his concerns with the location and the cost.
Alderman Ferrell: Are you suggesting that subterranean excavation and construction is cheaper
than going another route?
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
November I,2011
Page 4 of 12
Dan Coody: I might suggest that but you might ask the Engineer.
Mayor Jordan: What about the trees that we have in the existing parking lot?
Dan Coody explained how the existing trees could be preserved.
Rick Alexander, a citizen expressed his concerns with the affect this would have on the
surrounding property.
Terri Trotter with the Walton Arts Center spoke on the parking challenges in the Entertainment
District and stated I appreciate you considering this and we look forward to what is in store.
Alderman Kinion: My concern is when we are looking at the current parking situation, if we
build on the current Walton Arts Center parking lot, the immediate impact is going to be pretty
sizeable. Do you see that as an impact immediately on the programming and would it be
expected that if it was an immediate impact on the programming and accessibility that it would
follow in the long run?
Terri Trotter: I am not sure that we have the information to answer that question, if it is
determined that seems to be the best location, then we are certainly open to discussing how it
would work.
Alderman Boudreaux: Has the parking not improved quite a bit since we implemented the paid
parking and we don't have the students filling up the main Walton Arts Center lot?
Terri Trotter explained the current parking situation and stated before the show starts we have
been filling the lot.
Alderman Boudreaux: If we build it on the Spring Street location, is it a real complaint with
people having to walk that far?
Terri Trotter: I don't see it as being an issue from Spring Street. When you start talking about
the Washington County deck there are issues there. As close to the Arts Center as it could be
would be fantastic.
Alderman Boudreaux: The issue with the shuttle ideas is that everyone wants to leave at the
same time.
Randall Russell with Crossland Construction Company spoke on the costs of constructing
underground versus above ground.
A discussion followed on the costs per space on this particular location.
Alderman Ferrell: Did we gain any information from the actual excavation that took part for
the Walton Arts Center?
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
November I,2011
Page 5 of 12
Randall Russell stated we do have access. I have reviewed the as built drawings of the existing
lot. He continued to discuss his findings.
Alderman Ferrell: How deep do you have to go to be able to tell where your bedrock is for
piers if that is going to be involved?
Randall Russell: In that area of town I have excavated a couple of spots and there is a layer of
shell there that is thick and I am not sure it would bear a six story parking deck. It would
probably classify as rock.
Mayor Jordan clarified what the topic of discussion currently was.
Alderman Adams: If we enter into a bond purchase agreement, is it possible to bail out and if
so what are the consequences?
Paul Becker explained that until we actually decide to sell the bonds they do not go into effect.
He described the purchasing process.
Deborah Coody, a citizen asked why wouldn't you take a loan out from the reserve funds rather
than taking it out of the parking revenue.
Paul Becker explained the reasoning behind taking the money from the parking revenue.
Deborah Coody stated the location is an issue because if you can net more parking places in one
spot over another then you have long term more revenue coming in.
Mayor Jordan: I am not settled on a location one way or another which is an issue that we will
discuss.
Alderman Boudreaux: It is my understanding that this committee is going to have more
meetings and the public is invited. They will come up with recommendations and at that point it
would come to the Council.
Mayor Jordan: The committee is an advisory committee but you all make the final call on this.
Alderman Gray: One question I have received is are we absolutely sure that the best way for us
to get the money is to sell the bonds. My question is if we vote tonight to authorize the selling of
the bonds, if there seems to be a better way to get the money, at that time are we obligated to do
the bonds? Have we explored other places to get the money?
Paul Becker: There are no other sources for funding this other than a stream coming from
parking. He spoke on the economic condition of our country today.
Alderman Gray: I was just suggesting that we look some place else to get the money like a
bank or something.
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
November I,2011
Page 6 of 12
Paul Becker explained the process on getting a construction loan.
Dennis Hunt with Stephens Inc. explained a bond offering.
Alderman Adams: I think that we need to vote to authorize the issuance of these bonds. This
seems to me to be a good idea.
Steve Clark, President of the Chamber of Commerce thanked the Council for all that they have
done thus far to address parking issues. He stated we ask you to adopt this and authorize the sale
of these bonds. We also ask that you commit to, that once they are sold, that is all you will
spend.
Dennis Hunt stated we are trying to set a budget in place but if interest rates start sky rocketing
it will have an implication and then you will need to decide if we are far enough along that yes
we want to go ahead and issue these bonds and lock in our budget to the maximum extent
possible.
Mayor Jordan closed the Public Hearing
Unfinished Business: None
New Business:
Parking Revenue Improvement Bonds: An ordinance authorizing the issuance and sale of not
to exceed $6,500,000 of Parking Revenue Improvement Bonds by the City of Fayetteville,
Arkansas for the purpose of financing all or a portion of the costs of acquisition, construction and
equipping of a parking deck facility, authorizing the execution and delivery of a trust indenture
pursuant to which the bonds will be issued and secured; authorizing the execution and delivery
of an official statement pursuant to which the bonds will be offered; authorizing the execution
and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the
execution and delivery of a continuing disclosure agreement; and prescribing other matters
relating thereto.
City Attorney Kit Williams read the ordinance.
Alderman Ferrell stated this is the only way that we will have a revenue source where it will
not have to come out of another part of our fund because it will generate and pay for itself. I
spoke with some business owners and they understood there was a parking problem now and
they would support this provided there was a revenue stream to build something. He spoke in
favor of the ordinance.
Deborah Coody: asked does this mean that the bonds won't be sold until the City Council
approves a location and a design?
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
November I,2011
Page 7 of 12
Paul Becker: This authorizes the Mayor and Administration to execute and sell the bonds. The
Mayor said he intends to bring that to the Council before we move forward with the project.
Mayor Jordan stated I am trying to set a budget for what we have to work with which is $5.5
million. The total authorization of this is basically giving us permission to do this and then we
will decide when we activate those bonds. I really wanted to know if the Council is still in
support of the bonds and authorizing the sale of the bonds when we get ready to do that.
Deborah Coody: So what you are saying is that you are not going to have the location and the
design hammered out before you sell the bonds?
Mayor Jordan: I think that would be a correct statement.
Deborah Coody: I think that is a mistake.
Alderman Petty: I support the idea of a deck. I would prefer that those bonds are not issued
until we have established at least a few conclusions from the public input process. I would
request that we leave this on the first reading and have the Administration come forward with a
plan for that public input process.
Alderman Ferrell: Do you see this as being done in the next couple of readings because we are
vulnerable to the market as far as the rates on the bonds.
Alderman Petty: The only thing that keeps me from authorizing these tonight is I want that
process to be outlined.
Dan Coody encouraged the Council to take more time to look at other options. He explained
various ideas to create a parking deck.
Mayor Jordan: I am very open minded and by the figures you brought in that is very attractive
to me so we should be good.
Alderman Adams: Dan, have you been to some of the committee meetings yet?
Dan Coody: No, not yet.
Mayor Jordan: This is our third.
Dan Coody: No, I haven't been to any of them. He continued to describe other parking decks
he has seen and stated if we can't hide it with beauty then let's just hide it all together.
A discussion followed on the cost of the projects.
Paul Becker: If we go for a straight bank loan we have to pay it back in five years. We
couldn't borrow near as much money as we could in a revenue bond. That is why the revenue
bond is the best alternative.
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
November I,2011
Page 8 of 12
David Orr, resident of 1564 West Cedar Street pointed out the need for aesthetics in this project.
He expressed his concerns with the height issue of a parking deck.
Matthew Wright, a resident of Ward 4 asked if it doesn't work out whether its aesthetics or
price then you just don't go forward with the bond or what happens?
Paul Becker: That is correct, that is what is anticipated.
Alderman Petty: How did we arrive to the figure of$6.5 million?
Paul Becker explained the process of how that figure was reached.
Dennis Hunt further explained the process.
Alderman Petty: Are there any factors in the decision making process that would affect our
capacity to borrow in your methodology?
Dennis Hunt: We have not analyzed what the new deck would generate. There are a lot of
variables that could influence the future in terms of the number of spaces that would actually be
used. What we have looked at is your historic collections over the last twelve month period.
Alderman Petty: We have to set a total price for this project but we don't have all the
information to do so now. I want to make sure that the City has the capacity to borrow as much
as we can and that is separate from actually using that money.
Paul Becker: Your decision would be made and if you get to the point and you can't build what
you want then you just scale back the project or you don't do the project.
Alderman Petty: In the development of that public input process, I think it is really important
that we determine what we are going to know from that process, before the bonds get issued so
that we can avoid acquiring more debt before we are certain that we will be able to afford the
project.
Alderman Boudreaux: That becomes difficult if you don't bid out the projects. I don't know
how fine tuned we can really get there.
Mayor Jordan: I am basing it on the revenue that we have brought in and what we can afford to
do. I am trying to keep it to where we can afford to bond what we are doing and pay for it.
Alderman Petty: We can at least know what we are going to ask for in the bids before we go
out and establish that process.
Mayor Jordan: I leave a lot of this up to your wisdom too and we will bring you back whatever
you want to look at.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316