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Home My WebLink About2010-12-21 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting December 21, 2010 A meeting of the Fayetteville City Council will be held on December 21, 2010 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: Alderman Kyle Cook Alderman Robert Rhoads Alderman Shirley Lucas City Council Meeting Presentations, Reports and Discussion Items: 1. Nominating Committee Report. APPROVED Agenda Additions: 1. Fayetteville Public Facilities Board-Underwriting of Bonds Change: A resolution to ratify the amended resolution of the Fayetteville Public Facilities Board which changes the underwriting of the bonds from Lancaster Pollard and Company to Stephens, Inc. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 218-10 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A. Consent: 1. Approval of the December 7, 2010 City Council meeting minutes. APPROVED 2. State Forfeiture Revenue: A resolution approving a budget adjustment to recognize state forfeiture revenue for budget year 2010 and to approve expenditures therefrom in the amount of$14,369.30. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 219-10 3. Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize federal forfeiture revenue for budget year 2010 and to approve expenditures therefrom in the amount of$16,815.11. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 220-10 4. Pinkley Sales Company: A resolution approving a contract with Pinkley Sales Company in the amount of$25,301.93 for the purchase of traffic preemption devices. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 221-10 5. Physio-Control, Inc.: A resolution authorizing a contract with Physio-Control, Inc. in the amount of$24,974.17, pursuant to a state procurement contract, for the purchase of eleven(11) automated external defibrillators for the Fayetteville Fire Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 222-10 6. Bid #10-61 Williams Tractor, Inc.: A resolution awarding Bid #10-61 and authorizing a contract with Williams Tractor, Inc. in the amount of $29,439.00 for the purchase of one 2206 all purpose H&S spreader for use in the wastewater biosolids solar drying project, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 223-10 7. Bid #10-67 Aulick Industries: A resolution awarding Bid #10-67 and authorizing a contract with Aulick Industries in the amount of$72,784.00 for the purchase of one 2206 forty-two foot belted walking floor trailer for use in the wastewater biosolids solar drying project, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 224-10 8. Bid #10-69 Cruise Uniforms & Equipment, Inc.: A resolution awarding Bid #10-69 and authorizing a contract with Cruise Uniforms & Equipment, Inc. in the amount of $16,762.50, with four consecutive one year renewal options, for the purchase of uniforms for the Fayetteville Fire Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 225-10 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 9. Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2011. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 226-10 10. Lake Sequoyah Bait Shop: A resolution authorizing a contract with Michael McBride in the amount of$20,000.00 to provide operation of the Lake Sequoyah Bait Shop. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 227-10 11. City of Farmington Amendment No. 2: A resolution approving Amendment No. 2 to the wastewater collection and treatment services contract with the City of Farmington. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 228-10 12. Watershed Conservation Resource Center Amendment No. 1: A resolution approving Amendment No. 1 to the Memorandum of Understanding with the Watershed Conservation Resource Center in the amount of $119,431.00 for a stream restoration project on a section of the West Fork of the White River adjacent to the Fayetteville Executive Airport, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 229-10 13. Jacobs Engineering Group, Inc. Supplemental Agreement No. 3: A resolution approving Supplemental Agreement No. 3 with Jacobs Engineering Group, Inc. for engineering services for the Fayetteville Expressway Economic Development Corridor Project in the amount of$370,851.54, and approving a budget adjustment in the amount of$296,682.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 230-10 14. Dickson Street Entertainment District Parking Services: A resolution approving a contract with the Walton Arts Center Council, Inc. for the provision of parking-related services in the Dickson Street Entertainment District. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 231-10 15. Community Access Television, Inc.: A resolution approving a contract with Community Access Television, Inc. in the amount of$93,000.00 to provide public access television channel operation services for calendar year 2011. THIS ITEM WAS REMOVED FROM CONSENT FOR DISCUSSION. B. Unfinished Business: None 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. New Business: 1. Walton Arts Center Council, Inc. New lease Agreement: A resolution to authorize the City Attorney to negotiate a new lease agreement with the Walton Arts Center Council, Inc. THIS RESOLUTION ITEM FAILED. THE FOLLOWING ITEM WAS REMOVED FROM CONSENT FOR DISCUSSION. 2. Community Access Television, Inc.: A resolution approving a contract with Community Access Television, Inc. in the amount of$93,000.00 to provide public access television channel operation services for calendar year 2011. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 232-10 3. Motorola, Inc.: An ordinance to waive formal competitive bidding and award a contract to Motorola, Inc. for the purchase of equipment and software for Fayetteville Public Safety's Nine Channel Astro 25 IP Simulcast Radio System with Phase I to cost $5,759,471.00 with a contingency of $558,529.00 and waive further formal competitive bidding for Phase II and other necessary equipment and upgrades for a period of three years and to approve a budget adjustment of$4,659,732.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5373 4. Smith Communications, LLC: A resolution to approve two tower space and ground lease agreements with Smith Communications, LLC for a total annual rent of$36,000. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 233-10 5. RZN 10-3608 (Parker): An ordinance rezoning that property described in rezoning petition RZN 10-3608, approximately 0.74 acre, located at 101 East Alice Street, from RSF-4, Residential Single-Family, 4 units per acre, to C-2, Thoroughfare Commercial, subject to the bill of Assurance. THIS ITEM WAS LEFT ON THE FIRST READING. 6. Amend Chapter 166: Development: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 166: Development, in order to require private street signs. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5374 7. Amend Chapter 174: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 174: Signs to include signage designations for recently adopted zoning districts, to allow for limited wall signage for businesses approved by conditional use permit in the RSF and RT Zoning Districts, and other amendments. 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 ORDINANCE NO. 5375 8. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2011. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5376 9. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2011. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5377 10. New World Systems Corporation: An ordinance waiving the requirements of formal competitive bidding and approving a three (3) year contract with New World Systems Corporation for public safety software service and maintenance in amounts of$95,221.00 for year 2011, $99,982.00 for year 2012, and $104,981.00 for year 2013, plus applicable sales taxes. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5378 Announcements: December 14, 2010 City Council& Library Board of Trustees Meet and Greet Fayetteville Public Library Drop-In from 5:30 to 7:30 p.m. Adjournment: 8:35 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you 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 speak 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. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 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: December 21,2010 Adjourn: ' 3 cJ P,A4 . Subject: Roll Lucas Lewis I/ Gray ✓ Thiel ✓ Cook ✓ Petty Rhoads ✓ Ferrell ✓ Mayor Jordan 9�0 Subject: Nominating Committee Report Motion To: Motion By: Seconded: Lucas Lewis p Gray r/ PPpoded Thiel —_^Cook Petty Rhoads Ferrell Mayor Jordan pp D,0 City Council Meeting: December 21,2010 Subject: e� Motion To: Ota i4 Motion By: , Seconded: LS Qck� Lucas -0 (tU, Lewis � t� � Gray �PaL4 Thiel Cook t/ Petty a I$J 10 Rhoads Ferrell Mayor Jordan Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: December 21,2010 Subject: Consent � r -/-0 IVA 4-2 Motion To: Motion By: Seconded: ► a` Iuo Lucas l Q{ Lewis Gray Thiel �OtV� Cook ✓ QPetty ,! TtQw�stiau- Rhoads ✓ Ferrell rArw y [ Mayor Jordan Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meering: December 21,2010 Subject: Motion To: l �jJ1(1W a � .v tswBL7 hw Motion By: w 'side "! aB Seconded: S a (1 , Lucas Lewis Gray Thiel t/' Cook �r Petty Rhoads Ferrell Mayor Jordan Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan City Council Meeting: December 21,2010 Subject: Walton Arts Center Council, Inc.New lease Agreement Motion To: Motion By: Seconded: C. 1 Lucas New Lewis N Business Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan Subject: Motorola,Inc. Motion To: AAd Motion By: Seconded: C. 2 Lucas New Lewis „s' Business Gray �/ ✓ ✓/ Thiel pa as eco Cook Petty r/ 5 3 13 Rhoads Ferrell Mayor Jordan 0 -0 —v City Council Meeting: December 21,2010 Subject: Smith Communications,LLC Motion To: Motion By: Seconded: a ° C. 3 Lucas ✓ New Lewis Business Gray Thiel Cook Petty -----+ Rhoads tO -10 Ferrell Mayor Jordan Subject: RZN 10-3608(Parker) Motion To: J Motion By: A Seconded: �BQ C. 4 Lucas Vol' New Lewis Business Gray ✓ �P Thiel Al hx� Cook arty Petty Rhoads f Ferrell Mayor Jordan City Council Meeting: December 21,2010 Subject: Amend Chapter 166: Development HSeconded 3rd {} C. 5 Lucas OA%fy —4UkR OA0 - L--� %AUQ AA,,�ih4 At, New Lewis t000,( iXA. SLs iaF ab 52nd- i Business Gray e Thiel f Cook �,f ✓ Petty teell, ✓ Rhoads y1 t/' 5 Ferrell vo� ✓� Mayor Jordan (p'•b �D`b �/ r�1 Subject: Amend Chapter 174 Motion To: QsYY Motion By: Seconded: e C. 6 Lucas ✓ ✓ f/ New Lewis , ✓ rf Business Gray +k-c vb ' Thiel 1/ Cook Petty Q b tao ``v "S r,� ✓ 1 Rhoads Vol' ✓' V ,Ferrell LIOO� Mayor Jordan �a v -0 City Council Meeting: December 21,2010 Subject: Fayetteville Youth Center,Inc. Motion To: Motion By: A. Seconded: E t�'aaAA'..'O C. 7 Lucas / f New Lewis �,O` �,✓ Business Gray G� 6s4k j4 5 F seAVUi Thiel LOOOO ✓ Cook f Petty V✓ Rhoads ' ✓ 3 Ferrell W00,01, ✓� �, Mayor Jordan 0� 0 �p Subject: Northwest Arkansas Economic Development District Motion To: Zj 3 r Motion By: Seconded: C. 8 Lucas V New Lewis ✓ ✓ Business Gray vu Thiel Use#* 6koot ✓ v/ Cook vp Petty 6400�' ✓� ✓ 5 I Rhoads P✓9 ✓ Ferrell tf Mayor Jordan City Council Meeting: December 21,2010 Subject: New World Systems Corporation Motion To: and rd Re Motion By: Seconded: y E` C. 9 Lucas New Lewis ,/' Vol" Business Gray . - ,. Thiel Cook f t/ L/ Petty Vol"' / Rhoads V r/ 3 �$ Ferrell Mayor Jordan 7-O 7-0 Subject: Motion To: Motion By: Seconded: Lucas Lewis Gray Thiel Cook Petty Rhoads Ferrell Mayor Jordan • aye evl e Departmental Correspondence LEGAL ARKANSAS DEPARTMENT Kit Williams TO: Lioneld Jordan, Mayor City Attorney Jason B.Kelley THRU: Sondra Smith, City Clerk Assistant City Attorney FROM: Kit Williams, City Attorne� DATE: December 22, 2010 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of December 21, 2010 1. State Forfeiture Revenue: A resolution approving a budget adjustment to recognize State Forfeiture Revenue for budget year 2010 and to approve expenditures therefrom in the amount of$14,369.30. 2. Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize Federal Forfeiture Revenue for budget year 2010 and to approve expenditures therefrom in the amount of$16,815.11. 3. Pinkley Sales Company: A resolution approving a contract with Pinkley Sales Company in the amount of$25,301.93 for the purchase of traffic preemption devices. 4. Physio-Control, Inc.: A resolution authorizing a contract with Physio-Control, Inc. in the amount of $24,974.17, pursuant to a State Procurement Contract, for the purchase of eleven automated external defibrillators for the Fayetteville Fire Department. 5. Bid #10-61: A resolution awarding Bid #10-61 and authorizing a contract with Williams Tractor, Inc. in the amount of $29,439.00 for the purchase of one 2206 All Purpose H & S Spreader for use in the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. 6. Bid #10-67: A resolution awarding Bid #10-67 and authorizing a contract with Aulick Industries in the amount of $72,784.00 for the purchase of one 2206 42-foot belted walking floor trailer for use in the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. 7. Bid #10-69: A resolution awarding Bid #10-69 and authorizing a contract with Cruse Uniforms and Equip., Inc., in the amount of$16,762.50, with four consecutive one year renewal options, for the purchase of uniforms for the Fayetteville Fire Department. 8. Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2011. 9. Lake Sequoyah Bait Shop: A resolution authorizing a contract with Michael McBride in the amount of$20,000.00 to provide operation of the Lake Sequoyah Bait Shop. 10. City of Farmington Amendment No. 2: A resolution approving Amendment No. 2 to the Wastewater Collection and Treatment Services Contract with the City of Farmington. 11. Jacobs Engineering Group, Inc. Supplemental Agreement Amendment No. 3: A resolution approving supplemental Agreement No. 3 with Jacobs Engineering Group, Inc. for engineering services for the Fayetteville Expressway Economic Development Corridor Project in the amount of $370,851.54, and approving a budget adjustment in the amount of$296,682.00. 12. Dickson Street Entertainment District Parking Services: A resolution approving a contract with the Walton Arts Center Council, Inc. for the provision of parking-related services in the Dickson Street Entertainment District. 13. CAT Contract: A resolution approving a contract with Community Access Television, Inc. in the amount of $93,000.00 to provide Public Access Television Channel Operation Services for Calendar Year 2011. 14. Motorola, Inc.: An ordinance to waive formal competitive bidding and award a contract to Motorola, Inc. for the purchase of equipment and software for Fayetteville Public Safety's Nine Channel Astro 25 IP Simulcast Radio System with Phase I to cost $5,759,471.00 with a contingency of$558,529.00 and waive further formal competitive bidding for Phase II and other necessary equipment and upgrades for a period of three years and to approve a budget adjustment of$4,659,732.00. 15. Smith communications, LLC: A resolution to approve two Tower Space and Ground Lease Agreements with Smith Communications, LLC for a total annual rent of $36,000.00. 2 16. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2011. 17. NWA Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville and the Northwest Arkansas Economic Development District in the amount of $53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2011. IS. New World Systems Corp.: An ordinance waiving the requirements of formal competitive bidding and approving a three year contract with New World Systems Corp. for Public Safety Software Service and maintenance in amounts of$95,221.00 for year 2011, $99,982.00 for year 2012 and $104,981.00 for year 2013 plus applicable sales taxes. 19. Butterfield Trail Amended Bond Underwriters: A resolution to ratify the amended resolution of the Fayetteville Public Facilities Board which changes the underwriting of the bonds from Lancaster Pollard and Company to Stephens, Inc. 3 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda Thio] City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting December 21, 2010 A meeting of the Fayetteville City Council will be held on December 21, 2010 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: Alderman Kyle Cook Alderman Robert Rhoads Alderman Shirley Lucas City Council Meeting Presentations, Reports and Discussion Items: 1. Nominating Committee Report Agenda Additions: A. Consent: 1. Approval of the December 7, 2010 City Council meeting minutes. 2. State Forfeiture Revenue: A resolution approving a budget adjustment to recognize state forfeiture revenue for budget year 2010 and to approve expenditures therefrom in the amount of$14,369.30. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Federal Forfeiture Revenue: A resolution approving a budget adjustment to recognize federal forfeiture revenue for budget year 2010 and to approve expenditures therefrom in the amount of$16,815.11. 4. Pinkley Sales Company: A resolution approving a contract with Pinkley Sales Company in the amount of$25,301.93 for the purchase of traffic preemption devices. 5. Physio-Control, Inc.: A resolution authorizing a contract with Physio-Control, Inc. in the amount of$24,974.17, pursuant to a state procurement contract, for the purchase of eleven (11) automated external defibrillators for the Fayetteville Fire Department. 6. Bid #10-61 Williams Tractor, Inc.: A resolution awarding Bid #10-61 and authorizing a contract with Williams Tractor, Inc. in the amount of $29,439.00 for the purchase of one 2206 all purpose H&S spreader for use in the wastewater biosolids solar drying project, and approving a budget adjustment. 7. Bid #10-67 Aulick Industries: A resolution awarding Bid #10-67 and authorizing a contract with Aulick Industries in the amount of$72,784.00 for the purchase of one 2206 forty-two foot belted walking floor trailer for use in the wastewater biosolids solar drying project, and approving a budget adjustment. 8. Bid #10-69 Cruise Uniforms & Equipment, Inc.: A resolution awarding Bid #10-69 and authorizing a contract with Cruise Uniforms & Equipment, Inc. in the amount of $16,762.50, with four consecutive one year renewal options, for the purchase of uniforms for the Fayetteville Fire Department. 9. Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2011. 10. Lake Sequoyah Bait Shop: A resolution authorizing a contract with Michael McBride in the amount of$20,000.00 to provide operation of the Lake Sequoyah Bait Shop. 11. City of Farmington Amendment No. 2: A resolution approving Amendment No. 2 to the wastewater collection and treatment services contract with the City of Farmington. 12. Watershed Conservation Resource Center Amendment No. 1: A resolution approving Amendment No. 1 to the Memorandum of Understanding with the Watershed Conservation Resource Center in the amount of $119,431.00 for a stream restoration project on a section of the West Fork of the White River adjacent to the Fayetteville Executive Airport, and approving a budget adjustment. 13. Jacobs Engineering Group, Inc. Supplemental Agreement No. 3: A resolution approving Supplemental Agreement No. 3 with Jacobs Engineering Group, Inc. for engineering services for the Fayetteville Expressway Economic Development Corridor Project in the amount of$370,851.54, and approving a budget adjustment in the amount of$296,682.00. 14. Dickson Street Entertainment District Parking Services: A resolution approving a contract with the Walton Arts Center Council, Inc. for the provision of parking-related services in the Dickson Street Entertainment District. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 15. Community Access Television, Inc.: A resolution approving a contract with Community Access Television, Inc. in the amount of$93,000.00 to provide public access television channel operation services for calendar year 2011. B. Unfinished Business: None C. New Business: 1. Walton Arts Center Council, Inc. New lease Agreement: A resolution to authorize the City Attorney to negotiate a new lease agreement with the Walton Arts Center Council, Inc. 2. Motorola, Inc.: An ordinance to waive formal competitive bidding and award a contract to Motorola, Inc. for the purchase of equipment and software for Fayetteville Public Safety's Nine Channel Astro 25 IP Simulcast Radio System with Phase I to cost $5,759,471.00 with a contingency of $558,529.00 and waive further formal competitive bidding for Phase II and other necessary equipment and upgrades for a period of three years and to approve a budget adjustment of$4,659,732.00. 3. Smith Communications, LLC: A resolution to approve two tower space and ground lease agreements with Smith Communications, LLC for a total annual rent of$36,000. 4. RZN 10-3608 (Parker): An ordinance rezoning that property described in rezoning petition RZN 10-3608, approximately 0.74 acre, located at 101 East Alice Street, from RSF-4, Residential Single-Family, 4 units per acre, to C-2, Thoroughfare Commercial, subject to the bill of Assurance. 5. Amend Chapter 166: Development: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 166: Development, in order to require private street signs. 6. Amend Chapter 174: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 174: Signs to include signage designations for recently adopted zoning districts, to allow for limited wall signage for businesses approved by conditional use permit in the RSF and RT Zoning Districts, and other amendments. 7. Fayetteville Youth Center, Inc.: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $205,350.00 to provide public recreation services for the youth and citizens of Fayetteville for 2011. 8. Northwest Arkansas Economic Development District: An ordinance waiving the requirements of formal competitive bidding and approving a contract between the City of Fayetteville, Arkansas and the Northwest Arkansas Economic Development District in the amount of$53,350.00 to provide public recreation services for the senior citizens of Fayetteville for 2011. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 9. New World Systems Corporation: An ordinance waiving the requirements of formal competitive bidding and approving a three (3) year contract with New World Systems Corporation for public safety software service and maintenance in amounts of$95,221.00 for year 2011, $99,982.00 for year 2012, and $104,981.00 for year 2013, plus applicable sales taxes. Announcements: December 14, 2010 City Council& Library Board of Trustees Meet and Greet Fayetteville Public Library Drop-In from 5:30 to 7:30 p.m. Adjournment: 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 speak. 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 cellphones 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 C. 1 AGENDA REQUEST Walton Arts Center Council, Inc. New lease Agreement ,l"t Al �j/ ' /` Page 1 of 6 tot FOR: COUNCIL MEETING OF DECEMBER 21, 2010 FROM: ALDERMAN ADELA GRAY ALDERMAN BRENDA THIEL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Authorize The City Attorney To Negotiate A New Lease Agreement With The Walton Arts Center Council, Inc. APPROVED FOR AGENDA: Alderman Ad a Gray Date Ale aan Brenda Thiel Date City Attorney Date (as to form) . ENTERED C. 1 aY e eARvKAN�lS lNese enter Council, Ian, Agreement Departmental Correspondence ASLEGAL - ccessfayetteville.org DEPARTMENT Kit Williams City Attorney TO: Mayor Jordan Jason B.Kelley 3' Assistant City Attorney City Council FROM: Kit Williams, City Attorney DATE: December 8, 2010 RE: Preserving the Walton Arts Center on Dickson Street as an economically viable and artistically outstanding institution Twenty-Five Years Of Partnership Between The Walton Family Foundation and the City of Fayetteville For more than a quarter century, the Walton Family Foundation has generously donated and encouraged other corporate donors to give to the Walton Arts Center Foundation, Inc. to foster and support the presentation of performing arts at the Walton Arts Center on Dickson Street. The Walton Family Foundation's continuing efforts and generosity have helped the Walton Arts Center bring outstanding Broadway and other performing arts shows to Dickson Street. This has helped solidify Dickson Street as the region's premier cultural and entertainment center. The citizens of Fayetteville are greatly appreciative of the initial and long lasting support for the performing arts by the Walton Family Foundation. Even though Fayetteville was only about the size that Bentonville is today when the Waltons offered a lead gift for a performing arts center in Fayetteville, Fayetteville voters rallied to match that challenge by pledging one-fifth of their sales tax to buy bonds to pay its half share to build and endow the Walton Arts Center. Fayetteville sacrificed improvements to its streets, parks and public safety in order to pledge two decades of taxes to build the Walton Arts Center. Fayetteville taxpayers were finally able to pay off the Walton Arts Center bonds in November of 2005. i C. 1 Walton Arts Center Council, Inc. New lease Agreement Page 3 of 6 Many Fayetteville citizens and businesses also donated so that the Walton Arts Center could be constructed to its beautiful and functional current condition. Fayetteville citizens and businesses have continued to donate over the years to the Walton Arts Center to help ensure Broadway and other shows can be presented there. Fayetteville has been a necessary and good partner with the Walton Family Foundation to support performing arts in our region for a quarter century. The Creation Of The Walton Arts Center Council, Inc. The University (using funds donated by Sam and Helen Walton) and the City of Fayetteville (using 20 years of tax funds pledged by Fayetteville voters) jointly financed the construction and endowment of the Arts Center on Dickson Street. We created the two nonprofit corporations (Council and Foundation) to build, operate, and maintain the Arts Center. The University of Arkansas/City of Fayetteville Arts Center was renamed the Walton Arts Center in the early 90's to honor Sam and Helen Walton and their generous contribution through the University of Arkansas. The Walton Arts Center Council, Inc. was incorporated by the University and City, funded by the University and City and expressly made the "agent" of the University and City to construct, operate and maintain the Arts Center in Fayetteville, Arkansas. An "agent" owes its principals (the University and City of Fayetteville) "the utmost good faith and loyalty. ... (I)t is the duty of the agent to further his principal's interests even at the expense of his own Yahraus v. Continental Oil Company, 218 Ark. 872, 239 S.W. 2d 594, 596 (1951). The joint proposal by the University and City of Fayetteville submitted on August 2, 2010 to the Walton Arts Center Council, Inc. was rejected without allowing any public comment in a hastily called "press conference" which violated the Walton Arts Center Council, Inc.'s own publicly announced decision making process and timetable. The Walton Arts Center Council, Inc. instead agreed to build the Bentonville Performing Arts Center contrary to the stated interests of the University and City of Fayetteville. The City of Fayetteville would have a strong legal case to require our agent, the Walton Arts Center Council, Inc., to honor its fiduciary duty to Fayetteville and our citizens and businesses to approve our proposal. However, there may be another way to ensure the Walton Arts Center on Dickson Street will remain economically viable and artistically outstanding. C. 1 Walton Arts Center Council, Inc. New lease Agreement Page 4 of 6 New Lease Agreement Needed To Preserve The Walton Arts Center In Fayetteville As An Economically Viable And Artistically Outstanding Institution The Board of Directors of the Walton Arts Center Council, Inc. and the staff of the Walton Arts Center have sought to assure our citizens and city leaders that the Walton Arts Center on Dickson Street would continue to receive a substantial number of Broadway shows as well as other professional performing arts performances. Indeed, Alderman Petty told the Northwest Arkansas Times what his understanding is: "Fayetteville still gets the same great programming we've gotten, plus programming for a 600-seat hall." Northwest Arkansas Times, December 3, 2010, page 3A. In Mayor Jordan's letter of December 6, 2010 to Chancellor Gearhart and distributed to all of you, he says: "my administration is committed to supporting the Walton Arts Center to assure that this nonprofit entity remains an economically viable and artistically outstanding institution in our community ...." To ensure that the Walton Arts Center on Dickson Street "gets the same great programming" and "remains economically viable and artistically outstanding", a long term Lease Agreement with the Walton Arts Center Council, Inc. including terms to ensure equitable funding and equitable programming is needed. Without a new Lease Agreement, the Walton Arts Center staff s glowing promises about continued programming and support for our Walton Arts Center on Dickson Street are really just fluff upon which we cannot rely, nor enforce. To protect our citizens' investment and the economic viability not only of the Walton Arts Center, but our Entertainment District, requires an enforceable agreement with the Walton Arts Center Council, Inc. We can ensure that the Walton Arts Center staff's claims that Fayetteville would remain the hub for performing arts even after the Bentonville Arts Center is built will be true by memorializing them in a second long term Lease Agreement with the Walton Arts Center Council, Inc. The Resolution proposed by Aldermen Adella Gray and Brenda Thiel would authorize me to work with the Walton Arts Center Council, Inc. to create a replacement and extension of the 25 year Lease Agreement that the City entered into with the Walton Arts Center Council in 1994. This new agreement should include provisions to ensure that the Walton Arts Center on Dickson will remain, as Mayor Jordan says: "economically viable and artistically outstanding." C. 1 Walton Arts Center Council, Inc. New lease Agreement Page 5 of 6 RESOLUTION NO. A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO NEGOTIATE A NEW LEASE AGREEMENT WITH THE WALTON ARTS CENTER COUNCIL, INC. WHEREAS, in 1986 the University of Arkansas and the City of Fayetteville agreed to contribute $4.5 million each "for construction of the Center for the Arts and an endowment to manage, operate and maintain the Center for the Arts," in Article II of the Interlocal Cooperation Agreement; and WHEREAS, the Interlocal Cooperation Agreement's financing was expressly made contingent upon approval by the Fayetteville voters: "Neither parry shall be obligated to contribute any of the above sums until financing of the City's share has been approved by the electors of the City of Fayetteville;" and WHEREAS, on October 7, 1986, Fayetteville voters approved pledging of 20% of the City's portion of the County Sales Tax for 20 years to fund up to $4 million in bonds for the Arts Center; and WHEREAS, the Arts Center was then constructed with University funds (donated by the Waltons), Fayetteville taxpayer funds, and many generous private gifts from Fayetteville residents and businesses and additional gifts from regional donors; and WHEREAS, a 25 year Lease Agreement was entered into between the University, Fayetteville and the Arts Center Council, Inc. on January 18, 1994, for a term until March 30, 2017; and WHEREAS, the Walton Arts Council, Inc. has voted not to accept the joint proposal from the University and City of Fayetteville for any expansion to be constructed in Fayetteville, but has proposed construction of a larger performing arts center in Bentonville while assuring Fayetteville and the University that it will also construct a 600 seat performance hall in Fayetteville and that the current Walton Arts Center will continue to have Broadway shows and other similar programming to what is currently performed there; and WHEREAS, rather than now enjoining the Walton Arts Center Council, Inc.'s decision that rejected its principals'joint proposal, the Fayetteville City Attorney should be empowered to negotiate a replacement 25 year lease with the Walton Arts Council, Inc. to formalize the verbal assurances given to Fayetteville that the Walton Arts Center will continue to receive an equitable portion of Broadway and other performances, receive and utilize an equitable amount of all donations (including performance, series and season sponsorships) that would support operations and performances at the proposed Bentonville Arts Center, the current Walton Arts Center and the new 600 seat performance hall, and ensure equitable capital donation support for construction C. 1 Walton Arts Center Council, Inc. New lease Agreement Page 6 of 6 and endowment of the 600 seat performance hall as for the proposed 2,200 seat Bentonville Arts Center. 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 authorizes the Fayetteville City Attorney to negotiate with the Walton Arts Center Council, Inc. to create a new 25 year Lease Agreement to supersede the current 25 year Lease Agreement to ensure the long term viability of our Walton Arts Center as a performance venue for Broadway and other performances similar to what the Walton Arts Center's patrons now enjoy. The City Attorney is instructed to bring this Lease Agreement and any other agreement necessary to fulfill the needs discussed in this Resolution to the Fayetteville City Council by February 1, 2011, for consideration and possible approval of the Fayetteville City Council. Only if no satisfactory agreements can be achieved will other action be considered. PASSED and APPROVED this 21s`day of December, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer C.2 Motorola, Inc. Page 1 of 20 Communications System Agreement Motorola, Inc. ("Motorola") and City of Fayetteville, AR ("City') enter into this "Agreement,' pursuant to which City will purchase and Motorola will sell the System, as described below. Motorola and City may be referred to individually as a"Party'and collectively as the"Parties." For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between Exhibits A through E will be resolved in their listed order. Exhibit A Motorola"Software License Agreement" Exhibit B "Payment Schedule" Exhibit C Motorola Proposal dated June 11, 2009, as amended. Exhibit D Insurance MOI Exhibit E Service Statement(s) of Work and"Service Terms and Conditions" (if applicable) Exhibit F "System Acceptance Certificate" Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan. 2.2. "Administrative User Credentials" means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. City's personnel with access to the Administrative User Credentials may be referred to as the Administrative User. 2.3. "Beneficial Use" means when City first uses the System or a Subsystem for operational purposes (excluding training or testing). 2.4. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine-recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent;or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Parry without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party. 2.5. "Contract Price" means the price for the System, including applicable sales or similar taxes and freight charges. 2.6. "Effective Date" means that date upon which the last Party executes this Agreement. 2.7. "Equipment" means the equipment that City purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. I 2.8. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes,fires, floods, epidemics, embargoes, war, and riots). 2.9. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright. City of Fayetteville,AR v12-13-10 Page 1 of 20 Motorola Contract No.09-29192/JHJ C.2 Motorola, Inc. Page 2 of 20 2.10. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.11. "Non-Motorola Software" means Software that another parry owns. 2.12. "Open Source Software" (also called "freeware"or"shareware") means software that has its underlying source code freely available to evaluate, copy, and modify. 2.13. `Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.14. "Software" means the Motorola Software and Non-Motorola Software, in object code format that is furnished with the System or Equipment. 2.15. "Specifications" means the functionality and performance requirements that are described in Exhibit C. 2.16. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in Exhibit C. 2.17. "System" means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system;the System is described in Exhibit C. 2.18. "System Acceptance" means the Acceptance Tests have been successfully completed. 2.19. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Motorola will notify City in writing the date if it determines that Beneficial Use has been established. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual responsibilities, all in accordance with this Agreement. City will perform its contractual responsibilities in accordance with this Agreement. 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order, and the change order is approved in advance by the Mayor and City Council. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, whichever occurs last. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the Effective Date, City may order additional Equipment or Software if it is then available. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Title and risk of loss to additional Equipment will pass at delivery, warranty will commence upon delivery, and payment is due within twenty (20) days after the invoice date. Motorola will send City an invoice as the additional Equipment is shipped or City of Fayetteville,AR v12-13-10 Page 2 of 20 Motorola Contract No.09-29192/JHJ