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HomeMy WebLinkAbout2012-04-17 - 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 April 17, 2012 A meeting of the Fayetteville City Council will be held on April 17, 2012 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: 1. Arkansas Recreation and Parks Association Awards Presentation City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the April 3, 2012 City Council meeting minutes. MINUTES REMOVED 2. Crain Ford of Little Rock: A resolution approving an agreement with the Crain Ford of Little Rock in the total amount of $51,390.00 for the purchase of two (2) Ford Fusion hybrid-electric sedans for use by the Police Department pursuant to the state procurement agreement. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 69-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. J.A. Riggs Cat of Springdale: A resolution approving an agreement with J.A. Riggs Cat of Springdale in the total amount of $266,109.00 for the purchase of three (3) backhoe loaders for use by the Water and Sewer Division pursuant to the National Joint Powers Association procurement agreement, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 70-12 4. Bid #12-23 Prime Contracting, Inc.: A resolution awarding Bid #12-23 and authorizing a contract with Prime Contracting, Inc. in a total amount of$168,772.75 for the repair of flood damage to a section of Frisco Trail, approving a ten percent (10%) project contingency, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 71-12 5. Bid #12-26 WasteTech, Division of Kusters Zima Corp.: A resolution awarding Bid #12-26 and authorizing a contract with WasteTech, Division of Kusters Zima Corp. in the amount of $197,487.00 for the purchase of a fine band screen with associated controls and accessories for the Noland Wastewater Treatment Facility. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 72-12 6. NWA Regional Planning Commission Agreement: A resolution approving an agreement with the Northwest Arkansas Regional Planning Commission for services related to cooperative regional efforts to monitor, evaluate and report likely effects that future proposed changes to stream standards and wastewater discharge requirements may have on Northwest Arkansas in the amount of $40,000.00, and approving a $5,000.00 project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 73-12 7. CDBG Funds Remaining From 2011 Grant: A resolution approving a budget adjustment in the amount of $37,247.00 to the Community Development Block Grant program to accurately reflect funds remaining from the 2011 grant. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 74-12 8. CDBG Habitat for Humanity Property Purchase Reimbursement: A resolution approving a budget adjustment in the amount of$92,333.00 to Community Development Block Grant program income related to a housing program lien payoff and a reimbursement from the Habitat for Humanity property purchase. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 75-12 9. 2012 Interlocal Animal Sheltering Agreements: A resolution approving 2012 interlocal animal sheltering agreements with the cities of Elm Springs, Elkins, Goshen, Tontitown, Winslow, Farmington, Greenland and West Fork. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 76-12 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 10. Southwest Solutions Group: A resolution approving an agreement with Southwest Solutions Group in an amount not to exceed $34,216.00 for the purchase and installation of a Spacesaver High Density Evidence Storage System for use by the Police Department, pursuant to the National Joint Powers Alliance procurement agreement. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 77-12 11. Cruse Uniforms and Equipment: A resolution approving a contract amendment with Cruse Uniforms and Equipment as the Police Department's authorized quartermaster to approve requested price increases. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 78-12 12. Amend Resolution 183-11 Botanical Garden of the Ozarks: A resolution amending Resolution 183-11 approving a participation and unsecured loan agreement with the Botanical Garden of the Ozarks to install ten (10) LED lights and poles in the amount of $30,519.90 as part of the City of Fayetteville Community Revolving Loan Fund for Energy Efficiency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 79-12 13. Butterfield Overland Mail Stage Route National Trail: A resolution to express the City Council's support of the Butterfield Overland Mail Stage Route National Trail to become a national historic trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 80-12 B. Unfinished Business: 1. RZN 12-4042 (1700 Old Wire Road/Cooper and Williams): An ordinance rezoning that property described in rezoning petition RZN 12-4042, for approximately 4.90 acres, located at 1700 Old Wire Road from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation, subject to a Bill of Assurance. This ordinance was left on the Second Reading at the April 3, 2012 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5494 2. Amend Chapter 161 (ADM 12-4085 Zoning Regulations/RMF-24 Setbacks): An ordinance to Amend §161.14 District RMF-24 by repealing the separate setbacks for multi-family structures built within the Hillside/Hilltop Overlay District. This ordinance was left on the Second Reading at the April 3, 2012 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5495 C. New Business: 1. APGR Green, Inc.: A resolution to certify the City of Fayetteville's endorsement of APGR Green, Inc., located in Fayetteville, Arkansas, to participate in the Arkansas Equity Investment Tax Credit Program. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 81-12 2. Bid #12-11 Sweetser Construction: A resolution awarding Bid#12-11 and approving a contract with Sweetser Construction in the amount of$1,759,900.15 for the construction of a roundabout at the Fulbright Expressway and Futrall Drive, approving a project contingency of$90,000.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 82-12 3. Amend §34.27 Sale of Municipally Owned Real Property: An ordinance to repeal §34.27 of the Code of Fayetteville and to enact a replacement §34.27 Sale of Municipally Owned Real Property of the Code of Fayetteville. THIS ITEM WAS LEFT ON THE SECOND READING. 4. AOS, LLC - Cisco IP Telephony System: A resolution approving an agreement with AOS, LLC in the amount of $619,978.90 for the purchase of a Cisco IP Telephony System pursuant to a State procurement contract, approving a project contingency of $25,000.00, and approving a budget adjustment of$248,750.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 83-12 5. Water and Sewer System Refunding Revenue Bonds, Series 2012: An ordinance authorizing the issuance and sale of not to exceed $3,800,000 of Water and Sewer System Refunding Revenue Bonds, Series 2012, by the City of Fayetteville, Arkansas for the purpose of refunding the City's outstanding Water and Sewer System Refunding Revenue Bonds, Series 2002B; authorizing the execution and delivery of a third supplemental trust indenture pursuant to which the Series 2012 Bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the Series 2012 Bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the Series 2012 Bonds; authorizing the execution and delivery of an escrow deposit agreement providing for the redemption of the Series 2002B Bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5496 City Council Tour: Prospective Downtown Parking Deck Tour- Thursday, April 19, 2012 at 4:30 p.m. Announcements: Adjournment: 7:20 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aides in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: April 17,2012 Adjourn: 7 aZ0 P,M, Subject: Roll Gray 6 A al Boudreaux T A nA""7f" Kinion Petty C Tennant Ferrell Adams Lewis Mayor Jordan "i Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: April 17, 2012 Subject: Consent ! Motion To: Motion By: Seconded: Gray ✓ MMA Boudreaux Kinion ✓� Petty �J Tennant n Ferrell r Adams J (nq- 12 Lewis �� Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: April 17,2012 Subject: RZN 12-4042 (1700 Old Wire Road/Cooper and Williams) !SeOctoIndcdYd ion To oton B : B. 1 Gray ✓ f Unfinished Boudreaux ✓ Business Kinion r/ ✓ Petty Tennant ✓ �/ �awo-J Ferrell Adams ✓ 154% Lewis Mayor Jordan Subject: Amend Cha ter 161 (ADM 12-4085 Zoning Regulations/RMF-24 Setbacks) Motion To: r AJ Motion By: Y Seconded: � B 2 Gray ✓ �/ Unfinished Boudreaux ✓ �/ Business Kinion ✓ ✓� Petty ✓ r,/ Tennant Ferrell Adams ✓ Lewis t� 5l4 Mayor Jordan City Council Meeting: April 17, 2012 Subject: APGR Green,Inc Motion To: Motion By: Seconded: C. 1 Gray New Boudreaux Business Kinion Petty i/ Tennant P""'Llaj Ferrell Adams Lewis Mayor Jordan Subject: Bid#12-11 Sweetser Construction Motion To: f� Motion By: Seconded: e' C. 2 Gray New Boudreaux Vol Business Kinion Petty Tennant Ferrell ✓ Adams ✓r �j Lewis Mayor Jordan "Q City Council Meeting: April 17,2012 Subject: Amend 34.27 Sale of Municipally Owned Real Property Motion To: Motion By: Seconded: �. C. 3 Gray New Boudreaux Business K'nion ✓ Petty i � Tennant Ferrell V/ Adams 0✓ Lewis (� Mayor Jordan Subject: AOS,LLC- Cisco IP Telephony System Motion To: /f Motion By: Seconded: C. 4 Gray New Boudreaux Business Kinion ✓ Petty ✓ Tennant Ferrell ✓ Adams Lewis `L Mayor Jordan City Council Meeting: April 17, 2012 Subject: Water and Sewer System Refunding Revenue Bonds, Series 2012 Motion To: Motion By: d� Seconded: G JLQIAA C. 5 Gray / f New Boudreaux ✓ ✓ Business Kinion ✓ !✓ ✓ Petty ✓ �✓ t/ Tennant ✓ t/ Ferrell ✓ r/ V/' I` Adams ✓ d/ ✓ Lewis ✓ 6`t"t 1p Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Boudreaux Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan aYZUEMMe evl le Departmental Correspondence LEGAL www.accessfayetteville.org DEPARTMENT Kit Williams City Attorney TO: Mayor Jordan Jason B.Kelley Assistant City Attorney THRU: Sondra Smith, City Clerk FROM: Kit Williams, City AttorneyL a, —tel DATE: April 18, 2012 _ RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of April 17, 2012 1. Crain Ford of Little Rock: A resolution approving an agreement with Crain Ford of Little Rock in the total amount of $51,390.00 for the purchase of two Ford Fusion Hybrid-Electric sedans for use by the Police Department pursuant to the State Procurement Agreement. 2. J.A. Riggs Cat of Springdale: A resolution approving an agreement with J.A. Riggs Cat of Springdale in the total mount of $266,109.00 for the purchase of three backhoe loaders for use by the Water and Sewer Division pursuant to the National Joint Powers Assoc. procurement agreement, and approving a budget adjustment. 3. Bid #12-23: A resolution awarding Bid#12-23 and authorizing a contract with Prime Contracting, Inc. in a total amount of $168,772.75 for the repair of flood damage to a section of Frisco Trail, approving a 10% project contingency, and approving a budget adjustment. 4. Bid #12-26: A resolution awarding Bid#12-26 and authorizing a contract with WasteTech, Division of Kusters Zima Corp. in the amount of $197,487.00 for the purchase of a find band screen with associated controls and accessories for the Noland Wastewater Treatment Facility. 5. NWA Regional Planning Commission Agreement: A resolution approving an agreement with NWA Regional Planning Commission for services related to cooperative regional efforts to monitor, evaluate and report likely effects that future proposed changes to stream standards and wastewater discharge requirements may have on Northwest Arkansas in the amount of$40,000.00 and approving a $5,000.00 project contingency. 6. CDBG Funds Remaining from 2011 Grant: A resolution approving a budget adjustment in the amount of$37,247.00 to the Community Development Block Grant program to accurately reflect funds remaining from the 2011 grant. 7. CDBG Habitat for Humanity Property Purchase Reimbursement: A resolution approving a budget adjustment in the amount of$92,333.00 to Community Development Block Grant program income related to a housing program lien payoff and a reimbursement form the Habitat for Humanity property purchase. 8. 2012 Interlocal Animal Sheltering Agreements: A resolution approving the 2012 Interlocal Animal Sheltering Agreements with the cities of Elm Springs, Elkins, Goshen, Tontitown, Winslow, Farmington, Greenland and West Fork. 9. Southwest Solutions Group: A resolution approving an agreement with Southwest Solutions Group in an amount not to exceed $34,216.00 for the purchase and installation of a Spacesaver High Density Evidence Storage System for use by the Police Department, pursuant to the National Joint Powers Alliance Procurement Agreement. 10. Cruse Uniforms & Equipment: A resolution approving a contract amendment with Cruse Uniforms & Equipment as the Police Department's authorized quartermaster to approve requested price increases. 11. Amend Resolution No. 183-I1: A resolution amending Resolution No. 183-11 approving a participation and unsecured loan agreement with the Botanical Garden of the Ozarks to install 10 LED lights and poles in the amount of$30,519.90 as part of the City of Fayetteville Community Revolving Loan Fund for energy efficiency. 12. Butterfield Overland Mail Stage Route: A resolution to express the City Council's support of the Butterfield Overland Mail Stage Route National Trail to become a National Historic Trail. 13. ADM 12-4085 Zoning Regulations/RMF-24 Setbacks): An ordinance to amend §161.14 District RMF-24 by repealing the separate setbacks for multi-family structures built within the Hillside/Hilltop Overland District. 14. APGR Green, Inc.: A resolution to certify the City of Fayetteville's endorsement of APGR Green, Inc., located in Fayetteville, Arkansas to participate in the Arkansas Equity Investment Tax Credit Program. 2 15. Bid #12-11 Sweetser Construction: A resolution awarding Bid #12-11 and approving a contract with Sweetser Construction in the amount of$1,759,900.15 for the construction of a roundabout at the Fulbright Expressway and Futrall Drive, approving a project contingency of$90,000.00 and approving a budget adjustment. 16. AOS, LLC — Cisco IP Telephony System: A resolution approving an agreement with AOS, LLC in the amount of$619,978.80 for the purchase of a Cisco IP Telephony System pursuant to a state procurement contract, approving a project contingency of$25,000.00 and approving a budget adjustment of$248,750.00. 17. Water & Sewer System Refunding Revenue Bonds, Series 2012: An ordinance authorizing the issuance and sale of not to exceed $3,800,000.00 of Water and Sewer System Refunding Revenue Bonds, Series 2012, by the City of Fayetteville, Arkansas for the purpose of refunding the City's outstanding Water and Sewer System refunding Revenue Bonds, Series 200213; authorizing the execution and delivery of a Third Supplemental Trust Indenture pursuant to which the Series 2012 Bonds will be issued and secured; authorizing the execution and delivery of an Official Statement pursuant to which the Series 2012 Bonds will be offered; authorizing the execution and delivery of a Bond Purchase Agreement providing for the sale of the Series 2012 Bonds; authorizing the execution and delivery of an Escrow Deposit Agreement providing for the redemption of the series 2002B Bonds; authorizing the execution and delivery of a Continuing Disclosure Agreement; and prescribing other matters relating thereto. 3 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 April 17, 2012 A meeting of the Fayetteville City Council will be held on April 17, 2012 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: 1. Arkansas Recreation and Parks Association Awards Presentation City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the April 3, 2012 City Council meeting minutes. 2. Crain Ford of Little Rock: A resolution approving an agreement with the Crain Ford of Little Rock in the total amount of $51,390.00 for the purchase of two (2) Ford Fusion hybrid-electric sedans for use by the Police Department pursuant to the state procurement agreement. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. J.A. Riggs Cat of Springdale: A resolution approving an agreement with J.A. Riggs Cat of Springdale in the total amount of $266,109.00 for the purchase of three (3) backhoe loaders for use by the Water and Sewer Division pursuant to the National Joint Powers Association procurement agreement, and approving a budget adjustment. 4. Bid #12-23 Prime Contracting, Inc.: A resolution awarding Bid #12-23 and authorizing a contract with Prime Contracting, Inc. in a total amount of$168,772.75 for the repair of flood damage to a section of Frisco Trail, approving a ten percent (10%) project contingency, and approving a budget adjustment. 5. Bid #12-26 WasteTech, Division of Kusters Zima Corp.: A resolution awarding Bid #12-26 and authorizing a contract with WasteTech, Division of Kusters Zima Corp. in the amount of $197,487.00 for the purchase of a fine band screen with associated controls and accessories for the Noland Wastewater Treatment Facility. 6. NWA Regional Planning Commission Agreement: A resolution approving an agreement with the Northwest Arkansas Regional Planning Commission for services related to cooperative regional efforts to monitor, evaluate and report likely effects that future proposed changes to stream standards and wastewater discharge requirements may have on Northwest Arkansas in the amount of $40,000.00, and approving a $5,000.00 project contingency. 7. CDBG Funds Remaining From 2011 Grant: A resolution approving a budget adjustment in the amount of $37,247.00 to the Community Development Block Grant program to accurately reflect funds remaining from the 2011 grant. 8. CDBG Habitat for Humanity Property Purchase Reimbursement: A resolution approving a budget adjustment in the amount of$92,333.00 to Community Development Block Grant program income related to a housing program lien payoff and a reimbursement from the Habitat for Humanity property purchase. 9. 2012 Interlocal Animal Sheltering Agreements: A resolution approving 2012 interlocal animal sheltering agreements with the cities of Elm Springs, Elkins, Goshen, Tontitown, Winslow, Farmington, Greenland and West Fork. 10. Southwest Solutions Group: A resolution approving an agreement with Southwest Solutions Group in an amount not to exceed $34,216.00 for the purchase and installation of a Spacesaver High Density Evidence Storage System for use by the Police Department,pursuant to the National Joint Powers Alliance procurement agreement. 11. Cruse Uniforms and Equipment: A resolution approving a contract amendment with Cruse Uniforms and Equipment as the Police Department's authorized quartermaster to approve requested price increases. 12. Amend Resolution 183-11 Botanical Garden of the Ozarks: A resolution amending Resolution 183-11 approving a participation and unsecured loan agreement with the Botanical Garden of the Ozarks to install ten (10) LED lights and poles in the amount of $30,519.90 as part of the City of Fayetteville Community Revolving Loan Fund for Energy Efficiency. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 13. Butterfield Overland Mail Stage Route National Trail: A resolution to express the City Council's support of the Butterfield Overland Mail Stage Route National Trail to become a national historic trail. B. Unfinished Business: 1. RZN 12-4042 (1700 Old Wire Road/Cooper and Williams): An ordinance rezoning that property described in rezoning petition RZN 12-4042, for approximately 4.90 acres, located at 1700 Old Wire Road from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation, subject to a Bill of Assurance. This ordinance was left on the Second Reading at the April 3, 2012 City Council meeting. Left on the Second Reading 2. Amend Chapter 161 (ADM 12-4085 Zoning Regulations/RMF-24 Setbacks): An ordinance to Amend §161.14 District RMF-24 by repealing the separate setbacks for multi-family structures built within the Hillside/Hilltop Overlay District. This ordinance was left on the Second Reading at the April 3, 2012 City Council meeting. Left on the Second Reading C. New Business: 1. APGR Green, Inc.: A resolution to certify the City of Fayetteville's endorsement of APGR Green, Inc., located in Fayetteville, Arkansas, to participate in the Arkansas Equity Investment Tax Credit Program. 2. Bid #12-11 Sweetser Construction: A resolution awarding Bid#12-11 and approving a contract with Sweetser Construction in the amount of$1,759,900.15 for the construction of a roundabout at the Fulbright Expressway and Futrall Drive, approving a project contingency of$90,000.00, and approving a budget adjustment. 3. Amend §34.27 Sale of Municipally Owned Real Property: An ordinance to repeal §34.27 of the Code of Fayetteville and to enact a replacement §34.27 Sale of Municipally Owned Real Property of the Code of Fayetteville. 4. AOS, LLC - Cisco IP Telephony System: A resolution approving an agreement with AOS, LLC in the amount of $619,978.90 for the purchase of a Cisco IP Telephony System pursuant to a State procurement contract, approving a project contingency of $25,000.00, and approving a budget adjustment of$248,750.00. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 5. Water and Sewer System Refunding Revenue Bonds, Series 2012: An ordinance authorizing the issuance and sale of not to exceed $3,800,000 of Water and Sewer System Refunding Revenue Bonds, Series 2012, by the City of Fayetteville, Arkansas for the purpose of refunding the City's outstanding Water and Sewer System Refunding Revenue Bonds, Series 2002B; authorizing the execution and delivery of a third supplemental trust indenture pursuant to which the Series 2012 Bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the Series 2012 Bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the Series 2012 Bonds; authorizing the execution and delivery of an escrow deposit agreement providing for the redemption of the Series 2002B Bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. City Council Tour: Prospective Downtown Parking Deck Tour- Thursday, April 19, 2012 at 4:30 p.m. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aides in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A. 12 Amend Resolution 183-11 Botanical Garden of the Ozarks Page 1 of 2 COMMUNITY REVOLVING LOAN FUND FOR ENERGY EFFICIENCY UNSECURED NOTE s- 1 -7 30r 519.9n day of R er. 1_ 20 FAYETTEVILLE, ARKANSAS FOR VALUE RECEIVED, the undersigned (the "Borrower") promises to pay to the order of THE CITY OF FAYETTEVILLE, ARKANSAS ("Payee") , the principal sum of ($ ) . Provided that no event of default exists hereunder, this Promissory Note shall bear interest from the date of this Promissory Note at the rate of ONE percent (1 %) per annum. In the event of a default hereunder, this Promissory Note shall bear interest at the maximum rate of interest allowable under the laws of the state of Arkansas. This Promissory Note shall become due and payable, as follows: Principal and interest shall be due able in 40(Nortr) ( 46 ) consecutive �/quarterl (select one) installments of $ each. first such installment shall be due and payable on 9-1 - 3,012 and each successive monthly installment shall be due and payable on the first day of each calendar month thereafter until this Promissory Note is paid in full. All payments shall be applied first to interest and the balance to principal. The Borrower and any maker, endorsers, sureties, guarantors, and all other persons now or hereafter liable hereon waive presentment, demand for payment, protest and notice of dishonor, and the endorsers, sureties, and guarantors consent that the Payee or holder hereof shall have the right, without notice, to deal in any way at any time with any party hereto or to grant to any such party any extensions of time for payment of any of said indebtedness or any other indulgences or forbearances whatever without in any way affecting the personal liability of any party hereunder. If at any time any payment under this Promissory Note becomes more than sixty (60) days past due, the Payee or holder of this Promissory Note shall have the right and option to declare the entire unpaid balance of principal and interest due and owing hereunder to be immediately due and payable. If this obligation, after default, is placed in the hands of an attorney for collection, the Borrower will be obligated to pay the Payee or the holder hereof an additional sum as an attorney' s fee, not to exceed ten percent (10%) of the unpaid principal plus all accrued interest together with all costs and expenses of collection. Any notices required to be given hereunder shall be deemed effective if made to the following addresses: If to Payee: 1 A. 12 Amend Resolution 183-11 Botanical Garden of the Ozarks Page 2 of 2 CITY OF FAYETTEVILLE, ARKANSAS OFFICE OF MAYOR 113 W. MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 If to Borrower: O-F� az�ks ROM C.dA r_,KkcuTrv5 0fW191% Pn Rdx 1 o Vol FAyEYT6�AILkRd5ti5 7 2�a3 Any party to this Promissory Note may change their respective address for notice by the giving of written notice to each party. The loan evidenced by this Promissory Note was negotiated and consummated in the state of Arkansas and it is understood and agreed that the legality, enforceability, and construction hereof shall be governed by Arkansas law, and to the extent applicable, by the laws of the United States of America. This Promissory Note can be pre-paid in whole or in part at any time without penalty. BORROWER: By: AUTHORIZED AGENT An 1 levd- 2 Butterfield Overland Mail Stage AGENDA REQUEST Pageeoute 1National of 4 nal Trail FOR: COUNCIL MEETING OF APRIL 179 2012 FROM: LIONELD JORDAN, MAYOR HIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Express The City Council's Support Of The Butterfield Overland Mail Stage Route National Trail To Become A National Historic Trail APPROVED FOR AGENDA: U - q - 2hiz City Attorney Date C unication arketing Director Date 't o CL 10-16 t 2, Finance Director Date 4/-/o- ,.7- Chief of aff Date /y�q— M or Oale 04-10-12A04 :05 RCVD /0 � A.13 Butterfield Overland Mail Stage Trail aye evl a Departmental Correspondence ARKANSAS LEGAL DEPARTMENT Kit Williams City Attorney TO: Mayor Jordan Jason B.Kelley 3' Assistant City Attorney City Council CC: Don Marr, Chief of Staff Lindsley Smith, Communications & Marketing Director FROM: Kit Williams, City Attorney DATE: April 9, 2012 RE: Support for Butterfield Overland Mail Stage Route to become a National Historic Trail The Butterfield Overland Mail Stage Route from Missouri to California came through Fayetteville in the late 1850's and was a giant step forward to get mail and passengers more quickly to California. This 2,500 mile stage route with resupply stations along the way reduced the trip to California from as much as three months to barely over three weeks. Charles Butterfield, the youngest son of its founder, John Butterfield, ran the Fayetteville Butterfield Stage Station. This station assisted in the timely delivery of the U.S. mail with at least four weekly stagecoaches carrying mail serving Fayetteville and resupplying before heading for California or St. Louis. Eventually, railroads made the trip West even faster and more reliable and supplanted the Butterfield Stage Route. However, it is appropriate to honor and protect this historic trail. The National Park Service is seeking input concerning the suitability and feasibility of designating the Butterfield Overland Mail Stage Route as a national historic trail. The City of Fayetteville should publicly express its support for this historic designation for the Butterfield Stage Trail. A.13 Butterfield Overland Mail Stage Route National Trail Page 3 of 4 RESOLUTION NO. A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF THE BUTTERFIELD OVERLAND MAIL STAGE ROUTE NATIONAL TRAIL TO BECOME A NATIONAL HISTORIC TRAIL WHEREAS, the Butterfield Overland Trail was a great improvement over previous methods to send mail and carry passengers from Missouri to California by reducing the transit time from about three months to slightly more than three weeks; and WHEREAS, this 2,500 mile stagecoach line went from Missouri or Tennessee through Arkansas, Oklahoma, Texas,New Mexico and Arizona to California; and WHEREAS, the main Butterfield Stage route began in St. Louis and ran through Fayetteville and Fort Smith before turning west toward California; and WHEREAS, Charles Butterfield, youngest son of John Butterfield, was in charge of the Butterfield state Fayetteville Station which was a time-table station overseeing and supplying at least four weekly stage coaches carrying the mail east and west; and WHEREAS, the historic Butterfield Overland Mail Stage Route National Trail should be designated a national historic trail. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its full support to have the Butterfield Overland Mail Stage Route National Trail be designated a national historic trail and finds that such trail is very suitable and feasible to be so designated. PASSED and APPROVED this 17th day of April, 2012. APPROVED: ATTEST: By: BY: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer (4/9/2012) Klt V111111ams PRE Ion bf Butterfield Overland Trail'a's-"'a6o'National---is­oH6 irilif6c Butterfield_ veran e FZ06te Mom i rair Page 4 of 4 NEWS RELEASE Zayleev'i le THE CITY OF FAYETTEVILLE,ARKANSAS RKANSAS For Immediate Release April 5, 2012 Contact: Lindsley Smith Communication Director 479-575-8328 Ismith2ci.fayetteville.anus National Park Service to Hold National Trail Public Input Meeting in Fayetteville on April 11 Representatives of the National Park Service (NPS) will be in Fayetteville on ALJ1 11 to hold a public input .session at City Hall (113 W. Mountain Street)from 10:00 a.m. to 12:00 p.m. in Room 326 on the proposed Butterfield Overland Mail Stage Route National Trail. The NPS is seeking public comments concerning the suitability and feasibility of designating the Butterfield Overland Trail as a national historic trail. This NPS study and environmental assessment,which is in its initial information-gathering phase, will address the historic route in states from Missouri to California. This will be one of two such input sessions by the NPS in Arkansas (the other one will be held in Fort Smith on the evening of April 11 from 5:30 to 7:30 p.m. at the Riverfront Park Events Building), and the NPS is also holding input sessions in other states along this historic trail. These meetings will gather public comments to be included in a special resource study mandated by the U.S. Congress and signed into law under the Omnibus Public Lands Act of 2009. That study was ordered to determine what appropriate measures might be taken to preserve the 1858 - 1861 stagecoach route, up to and possibly including designation as a National Trail. If you are unable to attend one of these meetings,written public comments will be accepted as part of this process through May 18, 2012. Comments and letters of support can be sent by email to Gretchen Ward at Gretchen Wardgnps.;Zov OR via U.S. Postal Service Mail to Butterfield Special Resource Study; Gretchen Ward;P.O. Box 728, Santa Fe,NM, 87504. There were two Butterfield Stage routes through Arkansas. The main route from Saint Louis, Missouri,to San Francisco, California, entered Arkansas north of the Pea Ridge National Battlefield Park and passed through the Battlefield Park, Rogers, Springdale and Fayetteville to Van Buren and Fort Smith. The second route originated in Memphis Tennessee, continuing through Arkansas at Des Arc, Cabot, Conway, Russellville, Dardanelle, and Lavaca before joining the main route in Fort Smith. The Butterfield Route was established in 1858 to create an overland transportation system for mail and passengers from the East Coast to California. The entire route covers some 2,500 miles through what are now the states of Missouri, Arkansas, Oklahoma, Texas,New Mexico, Arizona and California. Prior to the establishment of this overland route, mail and passengers from the East Coast to California could take as long as three months in transit by land and sea. The Butterfield Route cut that transit time to an amazing(for the time)22 to 25 days. Complete details on the process are available via internet; http://i)"k lanning.pps.gov/butterfieldsrs (National Park Service website). www.accessfayetteville.org Telecommunications Device for the Deaf MD(479)521-1316 113 west Mountain-Fayetteville,AR 72701 A.9 2012 Interlocal Animal Sheltering Agreements Page 1 of 2 RESOLUTION NO. A RESOLUTION APPROVING THE 2012 INTERLOCAL ANIMAL SHELTERING AGREEMENTS WITH THE CITIES OF ELM SPRINGS, ELKINS, GOSHEN, TONTITOWN, WINSLOW, FARMINGTON, GREENLAND AND WEST FORK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the 2012 interlocal animal sheltering agreements with the cities of Elm Springs, Elkins, Goshen, Tontitown, Winslow, Farmington, Greenland and West Fork in which the cities will pay Fayetteville $75.00 per animal placed into our shelter. PASSED and APPROVED this 17th day of April, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.9 2012 Interlocal Animal Sheltering Agreements Page 2 of 2 City of Fayetteville Staff Review Form C.4 AOS, LLC-Cisco IP City Council Agenda Items Telephony System and Page 1 of 38 Contracts, Leases or Agreements 4/17/2012 City Council Meeting Date Agenda Items Only Sharon Waters&Scott Huddleston Telecommunications &I.T. Division Transportation & Finance Submitted By Division Department Action Required: A Resolution approving the purchase of a Cisco IP Telephony System (under State Contract Number SP-11-0185) from Alexander Open Systems (under State Contract No. 4600021269) in the amount of$619,978.80; approving a project contingency of$25,000.00; and approving a net budget adjustment of$248,750.00. $ 619,978.80 $ 233,806.00 I.T.Technology Improvements Cost of this request Category/Project Budget Program Category/Project Name 4470-9470-5210-00 $ 1,094.88 Telecommunications System Upgrade Account Number Funds Used to Date Program/Project Category Name 04001-1 $ 232,711.12 Sales Tax Capital Improvements Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached =X qci�A Q.. LJL, Y-16-U I z Previous Ordinance or Resolution# Department Director Date Original Contract Date: Original Contract Number: C Attorney o (� Date { ,A a, 1 .3..�f„"� Li -lb 2fei7- Finance and Internal Services Director Date Received in City' "! Clerk's Office Chief of S ff Date Received in Mayor's Office Me r ate Comments: Revised January 15,2009 C.4 AOS, LLC-Cisco IP Telephony System aye evl e Page 2 N 38 E THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE 0.KKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Terry Gulley, Director of Transportation From: Sharon Waters, Parking and Telecommunications Manager Scott Huddleston, I.T. Director Date: April 10, 2012 Subject: A Resolution Approving the Purchase of a Cisco IP Telephony System from Alexander Open Systems in the Amount of$619,978.80; Approving a Project Contingency of $25,000.00; and Approving a Net Budget Adjustment of$248,750.00 PROPOSAL: Staff recommends the approval of the purchase of the Cisco IP Telephony System (under State Contract No. SP-11-0185) from Alexander Open Systems (State Contract NO. 4600021269) and approval of a project contingency of$25,000.000. The purchase would be paid from current Sales Tax Capital Improvements funds of $446,899.82, $62,579.81 from the Street Fund, $31,848.94 from the Solid Waste Fund, and $103,650.23 from the Water & Sewer Fund. This project has a payback of approximately 6 years. Savings to operating costs will be approximately $101,000.00 per year. RECOMMENDATION: Twenty three years ago, in 1989, the City made a complete overhaul of the city-wide telecommunications system and moved from a private PBX system to AT&T's Plexar leased-line option and purchased Norstar systems that were installed throughout all City facilities. Throughout the years of growth, the City has grown to 17 Norstar systems. In 2007, the City implemented a pilot program with the purchase of the CS 1000, an IP Telephony Solution with Nortel Systems, Inc. There were 40 phones originally deployed, and later another 10 more installed at the newly built West Side Wastewater Treatment Facility. The following year, Nortel was acquired and dismantled and no longer supported the CS 1000 system. Staff began pursuing other technological options as well as advancements in this technology. The Cisco system will provide total integration of all City facilities, plus call accounting and reporting of all calls, call recording for quality assurance, enterprise fax services, paging features and outbound notification services. These features will greatly improve our customer services and staffing workload. Cisco Systems, Inc. is the worldwide leader in networking that transforms how people connect, communicate and collaborate. Cisco designs, manufactures, and sells Internet protocol (IP)-based networking and other products related to the communications and information technology (IT) industry and provide services associated with these products and their use. The Company provides a line of products for transporting data, voice, and video within buildings its products are installed at enterprise businesses, public institutions,