HomeMy WebLinkAbout2010-07-20 - Agendas - Final Aldermen
Ward 1 Position 1—Adella Gray
Mayor Lioneld Jordan • Ward 1 Position 2—Brenda Thiel
Fa
r Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams ! le
Ward 2 Position 2—Matthew Petty
yveY Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
July 20, 2010
A meeting of the Fayetteville City Council will be held on July 20, 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:
City Council Meeting Presentations, Reports and Discussion Items:
1. Ambulance Authority Annual Report to the Council—Becky Stewart
Agenda Additions:
A. Consent:
1. Approval of the July 6, 2010 City Council meeting minutes. APPROVED
2. Ranger's Pantry Pet Food Bank Donation: A resolution approving a budget
adjustment to recognize Community Services donation revenue for the Ranger's Pantry
Pet Food Bank in the amount of$738.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 122-10
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Animal Services Donation Revenue: A resolution approving a budget adjustment to
recognize Animal Services donation revenue for the second quarter of 2010 in the
amount of$19,123.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 123-10
4. RFP #10-07 Score American Soccer Co.: A resolution awarding RFP #10-07 and
approving the purchase of youth soccer uniforms from Score American Soccer Co. in the
amount of$27,097.00 for the Fall 2010 and Spring 2011 recreational season.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 124-10
5. Bid #10-44 Peterbilt of Fort Smith, LLC: A resolution awarding Bid #10-44 and
approving the purchase of two (2) automated side-load solid waste trucks from Peterbilt
of Fort Smith, LLC in the total amount of $536,418.00 and approving a budget
adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 125-10
6. Amend Resolution 63-08, Arkansas Western Gas Company: A resolution amending
Resolution 63-08 by authorizing an additional appropriation of$79,938.20 and approving
an agreement with Arkansas Western Gas Company in the total amount of $497,069.52
for relocation of gas lines and appurtenances to allow construction of improvements to
Mount Comfort Road.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 126-10
7. Insituform Technologies, Inc.: A resolution approving a contract extension with
Insituform Technologies, Inc. in the amount of $330,000.00 for cured-in-place sanitary
sewer linings.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 127-10
8. Forest Hills Partners, LLC: A resolution approving a cost-share agreement with Forest
Hills Partners, LLC in the amount of$135,000.00 for construction of the Broyles Avenue
gravity sewer line, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 128-10
9. Goodwin & Goodwin, Inc. Change Order No. 1: A resolution approving Change
Order No. 1 to the construction contract with Goodwin & Goodwin, Inc. in the amount of
$367,518.17 for construction of the Broyles Avenue gravity sewer line, maintaining a
$45,000.00 project contingency, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 129-10
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
10. Airport- Refinance Hangars: A resolution to amend Section 2 of Resolution No. 109-
06 to lower the annual percentage rate and the monthly repayment amount.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 130-10
11. Today in America Contract: A resolution approving a contract with Today in America
in the amount of $19,800.00 for the production of a television segment pertaining to
Economic Development in Fayetteville and approving a budget adjustment.
THIS ITEM WAS REMOVED FROM CONSENT FOR DISCUSSION.
The following item was removed from the Consent Agenda for discussion:
1. Today in America Contract: A resolution approving a contract with Today in America
in the amount of $19,800.00 for the production of a television segment pertaining to
Economic Development in Fayetteville and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 131-10
B. Unfinished Business:
1. Amend Chapter 97 Parks and Recreation: An ordinance to amend Chapter 97 Parks
and Recreation of the Code of Fayetteville to permit and regulate signs recognizing donor
contributions. This ordinance was left on the Second Reading at the June 15, 2010 City
Council meeting. This ordinance was left on the Third Reading at the July 6, 2010 City
Council meeting and Tabled to the July 20, 2010 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5335
2. Street Name Change: A resolution renaming a section of N. Shiloh Drive to N. Farm
Credit Drive due to street realignment. This resolution was tabled at the July 6, 2010
City Council meeting to the July 20, 2010 City council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 132-10
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Amend Chapters 169: Physical Alteration of Land and Chapter 170: Stormwater
Management, Drainage and Erosion Control: An ordinance amending Chapter 169:
Physical Alteration of Land and Chapter 170: Stormwater Management, Drainage and
Erosion Control of Title XV of the Code of Fayetteville (Unified Development Code), to
clarify stabilization requirements, require phased construction for sites larger than 20
acres, clarify re-vegetation requirements, clarify requirements for cut and fill slopes and
retaining walls, define maintenance responsibility for stormwater management systems,
restrict location of dirt and topsoil storage and define stabilization practices for dirt and
topsoil storage, define a qualified inspector for erosion and sediment control best
management practices, and require site plans for one and two family residences to contain
a plan for erosion and sediment control and final on-site drainage. This ordinance was
left on the First Reading at the July 6, 2010 City Council meeting.
THIS ORDINANCE WAS LEFT ON THE SECOND READING
4. Amend Chapter 177: Landscape Regulations: An ordinance amending Title XV:
Unified Development Code of the City of Fayetteville, to amend Chapter 177: Landscape
Regulations in order to modify existing requirements and regulations that address
perimeter landscaping for development. This ordinance was left on the First Reading at
the July 6, 2010 City Council meeting.
THIS ORDINANCE WAS LEFT ON THE SECOND READING
C. New Business:
1. Smith Communications (Ivey Road Cell Tower): A resolution approving a lease
agreement with Smith Communications, LLC for the location of a cellular tower near
Ivey Road.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 133-10
City Council Tour: Monday, July 19, 2010—Parks and trails
Announcements:
Adjournment: 8:35 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. 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 spear
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required. For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: July 20,2010 Adjourn: g tt 3 E p` M r
Subject: Roll
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Mayor Jordan
City Council Meeting: July 20,2010
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City Council Meeting: July 20,2010
Subject: Amend Chapter 97 Parks and Recreation
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City Council Meeting: July 20,2010
Amend Chapters 169: Physical Alteration of Land and Chapter 170: Stormwater Management,
Subject: Drainage and Erosion
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City Council Meeting: July 20,2010 -�-
Subject: 1Y1 i iCorn rA i c °l i CAS VC,It
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: July 21, 2009
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of July 20, 2010
1. Rangers Pantry Pet Food Bank Donation: A resolution approving a budget
adjustment to recognize Community Services donation revenue for the Ranger's Pantry
Pet Food Bank in the amount of$738.00.
2. Animal Services Donation Revenue: A resolution approving a budget
adjustment to recognize Animal Services Donation Revenue for the second quarter of
2010 in the amount of$19,123.00.
3. RFP #10-07 Score American Soccer Co.: A resolution awarding RFP#10-07
and approving the purchase of youth soccer uniforms from Score American Soccer Co.,
in the amount of$27,097.00 for the Fall 2010 and Spring 2011 recreational season.
4. Bid #10-44 Peterbilt of Fort Smith, LLC: A resolution awarding Bid #10-44
and approving the purchase of two automated side-load solid waste trucks from
Peterbilt of Fort Smith, LLC in the a total amount of $536,418.00 and approving a
budget adjustment.
5. Amend Res. 63-08, Arkansas Western Gas Co.: A resolution amending
Resolution 63-08 by authorizing an additional appropriation of $79,938.20 and
approving an agreement with Arkansas Western Gas Co. in the total amount of
$497,069.52 for relocation of gas lines and appurtenances to allow construction of
improvements to Mt. Comfort Road.
6. Insituform Tech., Inc.: A resolution approving a contract extension with
Insituform Tech., Inc. in the amount of $330,000.00 for cured-in-place sanitary sewer
linings.
7. Forest Hills Partners, LLC: A resolution approving a cost-share agreement
with Forest Hills Partners, LLC in the amount of $135,000.00 for construction of the
Broyles Avenue gravity sewer line, and approving a budget adjustment.
8. Goodwin & Goodwin, Inc. Change Order No. 1: A resolution approving Change
Order #1 to the contract with Goodwin & Goodwin, Inc. in the amount of$367,518.17
for construction of the Broyles Avenue gravity sewer line, maintaining a $45,000.00
contingency and approving a budget adjustment.
9. Airport — Refinance of Hangars: A resolution amending Section 2 of
Resolution No. 109-06 lowering the annual percentage rate and the monthly repayment
amount.
10. Today in America Contract: A resolution approving a contract with Today in
America in the amount of $19,800.00 for the production of a television segment
pertaining to Economic Development in Fayetteville and approving a budget
adjustment.
11. Amend Chapter 97 Parks & Recreation: An ordinance amending Chapter 97
Parks and Recreation of the Code of Fayetteville to permit and regulate signs
recognizing donor contributions.
12. Street Name Change: A resolution renaming a section of N. Shiloh Drive to N.
Henbest Drive due to street realignment.
13. Smith Communications: A resolution approving a lease agreement with Smith
Communications, LLC for the location of a cell tower near Ivey Road.
2
Aldermen
Ward 1 Position 1—Adella Gray
Mayor Lioneld Jordan • Ward 1 Position 2—Brenda Thiel
Fa
r Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams ! le
Ward 2 Position 2—Matthew Petty
yveY Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
July 20, 2010
A meeting of the Fayetteville City Council will be held on July 20, 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:
City Council Meeting Presentations, Reports and Discussion Items:
1. Ambulance Authority Annual Report to the Council—Becky Stewart
Agenda Additions:
A. Consent:
1. Approval of the July 6, 2010 City Council meeting minutes.
2. Ranger's Pantry Pet Food Bank Donation: A resolution approving a budget
adjustment to recognize Community Services donation revenue for the Ranger's Pantry
Pet Food Bank in the amount of$738.00.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Animal Services Donation Revenue: A resolution approving a budget adjustment to
recognize Animal Services donation revenue for the second quarter of 2010 in the
amount of$19,123.00.
4. RFP #10-07 Score American Soccer Co.: A resolution awarding RFP #10-07 and
approving the purchase of youth soccer uniforms from Score American Soccer Co. in the
amount of$27,097.00 for the Fall 2010 and Spring 2011 recreational season.
5. Bid #10-44 Peterbilt of Fort Smith, LLC: A resolution awarding Bid #10-44 and
approving the purchase of two (2) automated side-load solid waste trucks from Peterbilt
of Fort Smith, LLC in the total amount of $536,418.00 and approving a budget
adjustment.
6. Amend Resolution 63-08, Arkansas Western Gas Company: A resolution amending
Resolution 63-08 by authorizing an additional appropriation of$79,938.20 and approving
an agreement with Arkansas Western Gas Company in the total amount of $497,069.52
for relocation of gas lines and appurtenances to allow construction of improvements to
Mount Comfort Road.
7. Insituform Technologies, Inc.: A resolution approving a contract extension with
Insituform Technologies, Inc. in the amount of $330,000.00 for cured-in-place sanitary
sewer linings.
8. Forest Hills Partners, LLC: A resolution approving a cost-share agreement with Forest
Hills Partners, LLC in the amount of$135,000.00 for construction of the Broyles Avenue
gravity sewer line, and approving a budget adjustment.
9. Goodwin & Goodwin, Inc. Change Order No. 1: A resolution approving Change
Order No. 1 to the construction contract with Goodwin & Goodwin, Inc. in the amount of
$367,518.17 for construction of the Broyles Avenue gravity sewer line, maintaining a
$45,000.00 project contingency, and approving a budget adjustment.
10. Airport - Refinance Hangars: A resolution to amend Section 2 of Resolution No. 109-
06 to lower the annual percentage rate and the monthly repayment amount.
11. Today in America Contract: A resolution approving a contract with Today in America
in the amount of $19,800.00 for the production of a television segment pertaining to
Economic Development in Fayetteville and approving a budget adjustment.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
B. Unfinished Business:
1. Amend Chapter 97 Parks and Recreation: An ordinance to amend Chapter 97 Parks
and Recreation of the Code of Fayetteville to permit and regulate signs recognizing donor
contributions. This ordinance was left on the Second Reading at the June 15, 2010 City
Council meeting. This ordinance was left on the Third Reading at the July 6, 2010 City
Council meeting and Tabled to the July 20, 2010 City Council meeting.
Left on the Third Reading
2. Street Name Change: A resolution renaming a section of N. Shiloh Drive to N. Farm
Credit Drive due to street realignment. This resolution was tabled at the July 6, 2010
City Council meeting to the July 20, 2010 City council meeting.
3. Amend Chapters 169: Physical Alteration of Land and Chapter 170: Stormwater
Management, Drainage and Erosion Control: An ordinance amending Chapter 169:
Physical Alteration of Land and Chapter 170: Stormwater Management, Drainage and
Erosion Control of Title XV of the Code of Fayetteville (Unified Development Code), to
clarify stabilization requirements, require phased construction for sites larger than 20
acres, clarify re-vegetation requirements, clarify requirements for cut and fill slopes and
retaining walls, define maintenance responsibility for stormwater management systems,
restrict location of dirt and topsoil storage and define stabilization practices for dirt and
topsoil storage, define a qualified inspector for erosion and sediment control best
management practices, and require site plans for one and two family residences to contain
a plan for erosion and sediment control and final on-site drainage. This ordinance was
left on the First Reading at the July 6, 2010 City Council meeting.
Left on the First Reading
4. Amend Chapter 177: Landscape Regulations: An ordinance amending Title XV:
Unified Development Code of the City of Fayetteville, to amend Chapter 177: Landscape
Regulations in order to modify existing requirements and regulations that address
perimeter landscaping for development. This ordinance was left on the First Reading at
the July 6, 2010 City Council meeting.
Left on the First Reading
C. New Business:
1. Smith Communications (Ivey Road Cell Tower): A resolution approving a lease
agreement with Smith Communications, LLC for the location of a cellular tower near
Ivey Road.
City Council Tour: Monday, July 19, 2010—Parks and trails
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
Announcements:
Adjournment:
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 spear
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required. For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City of Fayetteville Staff Review Form
A. 11
City Council Agenda Items Pagey1l of 6
and
America Contract
g
Contracts, Leases or Agreements
7/20/2010
City Council Meeting Date
Agenda items Only
Lindsley Smith Communications Communications
Submitted By Division Department
Action Required:
Approval of a cost share agreement to produce a video pertaining to the City of Fayetteville and it's economic
development and approval of the attached budget adjustment in the amount of$19,800.
$ 19,800.00 $
Cost of this request Category/Project Budget Program Category/Project Name
1010.6600.5315.00 $
Account Number Funds Used to Date Program/Project Category Name
08050.1001 $
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached XX
1
9 ao�U Previous Ordinance or Resolution#
a t Dir ctor Date
/ Original Contract Date:
l ( Z 0 Original Contract Number:
eyU Date
Zoo 07.0-10P02 :38 RCVD
Finance and Internal Services Director Date Receive in City
Clerk's Office044
`
Chit of St Date
Received in ENTERED
Mayor's Office !/42 xde
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✓!�i t,fe
Ma r
Comments:
Revised January 15,2009
A. 11
Today in America Contract
Page 2 of 6
To: City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: Lindsley Smith, Communication Director
Fayetteville Communication Department
Date: July 9, 2010
Subject: Cost share agreement with Today in America for complete licensed and insured
production of Fayetteville as a top environment for doing business in America
RECOMMENDATION
Staff recommends approval of a cost share agreement with Today in America Production
Company for an economic development program highlighting Fayetteville as a top
environment for business. The project is a key part of our economic development
strategy to create new jobs in Fayetteville; funding will be from the Economic
Development Fund dedicated to that effort and has no impact on general revenues.
BACKGROUND
The Associate Producer of the television series "Today in America" contacted Mayor
Lioneld Jordan and informed him that Today in America is currently working on an
upcoming segment on "America's Best Hidden Gem Environments for Business," to be
included in our "Business in America Today" series and that they are looking at
Fayetteville as being highlighted for this program. They requested two interview
sessions to determine issues such as Fayetteville's business climate, economic
development initiatives, how Fayetteville is economically positioned in this national
economic climate, and other inquiries to determine if Fayetteville would quality for
inclusion in the Business in America Today segment. Mayor Jordan, Lindsley Smith and
Fritz Gisler for production advice and information, Steve Clark for up-to-date
Fayetteville economic development data and business climates, and Chief of Staff Don
Marr met with producers of Today in America and it was determined that Fayetteville
would be a highlighted city. An agreement was sent for review and edited as requested
by the City of Fayetteville's City Attorney's office. The cost share for the City of
Fayetteville for this five-minute production and national and regional mass media
placement on this program is $19,800. Based on the cost of national media placement,
the low cost v. the great benefit to Fayetteville's economic development, economy, and
job growth and retention; I (Lindsley Smith), the City's Communication Director am over
city production services and media buys,made a recommendation to move forward on
A. 11
Today in America Contract
Page 3 of 6
this excellent opportunity for Fayetteville to be highlighted on"Today in America" and I
and the Government Channel will be working with the Today in America production
company as needed to help in setting up interviews and filming locations.
DISCUSSION
The program segment relates to industry trends and how certain cities are helping to
address these specific trends. In choosing Fayetteville, Today in America was
particularly interested in the unique Fayetteville Forward program of the City in guiding
the city's economic development plan, the high quality of life in the city,the ease for
businesses interested in Fayetteville for acquiring site-selection data, the University of
Arkansas and the importance of their incubators, strong education and healthcare,the
many honors of Fayetteville such as Forbes Magazine listing Fayetteville as#2 Best
Cities for Recession Recovery and#4 Fastest Metropolitan Statistical Area for Job
Growth and the 1st in Income Growth, Forbes list for#6 top Newsweek Magazine listing
Fayetteville High School on the Best High Schools list, Sperling listing as the top
affordable place to live and work in the United States, and the Business Week listing
Fayetteville as#2 in the best places to raise your kids.
In this economic climate, it is imperative that Fayetteville communicate to a broader
audience, a mass audience particularly targeted to potential businesses that can bring job
growth and retention to Fayetteville. After this production and national and regional
showing of Fayetteville on Today in America, the City of Fayetteville retains the
permanent, complete, and unrestricted licensing rights to the segment and the show open,
which the City of Fayetteville may use for any future pw1ose. The Production Company
of Today in America will also be including the City of Fayetteville in conjunction with
the promotions of the series in any available editorial articles,press releases, conferences,
networking sites, and other outlets to highlight both the program and the city of
Fayetteville as a highlight city in this program segment on"America's Best Hidden Gem
Environments for Business".
BUDGETIMPACT
The Economic Development Fund balance for this project.
A. 11
Today in America Contract -
Page 4 of 6
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH TODAY IN
AMERICA IN THE AMOUNT OF $19,800.00 FOR THE
PRODUCTION OF A TELEVISION SEGMENT PERTAINING
TO ECONOMIC DEVELOPMENT IN FAYETTEVILLE AND
APPROVING A BUDGET ADJUSTMENT
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 a
contract with Today in America in the amount of$19,800.00 for the production of a television
segment pertaining to economic development in Fayetteville. A copy of the contract is attached
as Exhibit"A."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit`B."
PASSED and APPROVED this 20th day of July, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer
(7/9/2010) Lindsley Smith -Pk_-_Pave Dave City of FayettOje,Arkansas.doc Page 1
A. 11
Today in America Contract
PARTICIPATION AGREEMENT Page 5 of 6
Date: July 2,2010 Project No: TIAn-97033dc
Participant: City of Fayetteville,Arkansas
Authorized by: Mayor Lioneld Jordan
Market: National(See Distribution Checklist) Associate Producer: Dave Corvair
Show: Today in America with Terry Bradshaw Feature: 5 minute feature
Today in America("PRODUCTION COMPANY"):
1) PRODUCTION COMPANY will provide a complete licensed and insured production and scriptwriting team(field
production, graphics, music, voice-overs, program editing, set design and lighting) for domestic taping and
completion of feature for PARTICIPANT.
2) PRODUCTION COMPANY agrees to have host, Terry Bradshaw, do PARTICIPANT'S segment voice-over and
provide them with a copy of its segment, including a show open. PRODUCTION COMPANY hereby grants to
PARTICIPANT permanent, complete, and unrestricted licensing rights to the segment and the show open, which
PARTICIPANT may use for any legal purpose.
3) This feature will be used on the Today in America show airing one(1) time nationally on FOX Business Network,
and 19 times regionally through a combination of CNN Headline News and/or Regional News Networks in up to 15
markets as indicated on the distribution checklist All airings to occur 6:00 a.m.to 11:00 p.m.
4) PRODUCTION COMPANY will include the PARTICIPANT in conjunction with the promotions of the series in
any available editorial articles, as well as, press releases distributed to relevant industry organizations targeting
consumer and business networking sites.
5) Content to include, but not limited to: interviews with city representative(s), chamber of commerce
representative and CEO;discussion to educate our viewers on the attractive business climate; explain how
the city came together for a common vision for the future; give viewers insight into the life style; explore
available facilities & land; give insight into the role university incubators play; focus on examples of
successful companies and take a look at the education system, and discuss the availability of quality
healthcare.
City of Fayetteville,Arkansas("PARTICIPANT"):
1) PARTICIPANT will provide input into the scripting by filling out a PARTICIPANT questionnaire, reviewing and
signing off on feature outline for accuracy,filling out and approving production schedules and providing literature as
well as background information. PARTICIPANT is required to sign off and approve script and final edited segment
before going to network.All press releases must be pre-approved by both parties prior to release.
2) PARTICIPANT understands and acknowledges that the PRODUCTION COMPANY will immediately begin work
on certain aspects of the PARTICIPANT'S feature and delegate personnel in association with the development,
promotion, scheduling, pre-production and production with the goal to have the script developed within thirty to
forty five days upon PARTICIPANT returning the Editorial Information Form.
3) $19,800 USD is the total scheduling fee. PARTICIPANT will incur no additional cost relating to the parameters of
this agreement.
4) PARTICIPANT acknowledges and agrees to pay the total scheduling fee as follows: 1/2 due thirty days from
agreement execution,and 1/2 due sixty days from agreement execution.
5) PARTICIPANT,if appropriate,will provide end user for testimonial,company spokesperson,talent and products for
shooting.
The parties agree that Florida law applies and the jurisdiction and venue for any action regarding this agreement shall lie
exclusively in the courts of Broward County, Florida if PARTICIPANT initiates proceedings, likewise, the parties agree that
Arkansas law applies and jurisdiction and venue for any action shall lie exclusively in the courts of Washington County,Arkansas if
PRODUCTION COMPANY initiates proceedings. Once both parties authorize this agreement,Participant does irrevocably commit
to participate in the television program described above and does further agree to provide the questionnaire and literature in a
timely manner. All aspects of the agreement will be completed within twelve months or sooner of agreement execution assuming
Participant does not withhold reasonable approvals. As stated, Today in America and its national television show has no direct
affiliation with the networks in which they air on. Today in America purchases the time through cable providers, networks and/or
other media sellers. This agreement contains the full and complete understandings between the parties whether written or oral,
pertaining thereto,and cannot be modified except by a written instrument signed by each party hereto.
Authorized Representative-Participant Company/Positiord Print name Date
Today in America Representative CEO of Today in America Date
City of Fayetteville,Arkansas
Budget Adjustment Form A. 11
ontract
Budget Year Department: General Government Request Date Adjustme8HOM&r
2010 Division: Miscellaneous 7/20/2010
Program: Miscellaneous
JUSTIFICATION TO INCREASE PROJECT/ITEM:
To produce a video pertaining to economic development in Fayetteville.
JUSTIFICATION TO DECREASE PROJECT/ITEM (OR RECOGNIZING REVENUE):
There are sufficient funds from the sale of Wilson Springs that are designated for use as economic development.
Increase Decrease Project.Sub
Account Name Account Number Budget Budget Number
Contract Services 1010.6600.5315.00 19,800 08050 1001
Use Of Designated Fund Balance 1010.0001.4999.98 19,800 08050 1001
TOTAL 19,800 19,800
-q/o Requested By
i n ead
" Date kspringer
Budget& Research Use Only
Budge irector ate Type: A B C E
"7-9 — 10 Description:
art ent Dire o Date o
Q • 7-9-rata General Ledger Date
Financ;r r Date
7 a Posted to General Ledger
Chief ff _ ty Dae Initial Date
/ v Posted to Project Accounting
Mayop Dbte
y7
�EXHIBIT nitial Date
-/
HABudget\Budget Adjustments\2010 Budget\Barbara\Economic Video Productio D8 ISL.
C. 1
AGENDA REQUEST Smith Communications
(Ivey Road Cell Tower)
Page 1 of 14
FOR: COUNCIL MEETING OF JULY 20, 2010
FROM:
ALDERMAN BOBBY FERRELL
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution Approving A Lease Agreement With Smith Communications, LLC For The
Location Of A Cellular Tower Near Ivey Road
Account No. 1010.0001.4450.00
APPROVED FOR AGENDA:
/7 7,/3- / a
Bobby Verrell Date
Alderman
A Jtt�, -
n Marr Date
Chief of Staff
City Attorney Date
(as to form)
07-13-10PO4 :20 RCVD �
C. 1
Smith Communications
(Ivey Road Cell Tower)
14
aye rglLite SPON ETHE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: City Council
Thru: Mayor Jordan
From: Don Marr
Date: Tuesday,July 13, 2010
Subject: Agenda Item Resolution approving a Lease with Smith Communications LLC for the location of a
cellular tower near Ivy Lane
PROPOSAL: The City was approached by Smith Communications LLC seeking permission to lease City
owned property located near Ivy Lane for the future construction of Cellular Tower. The request was made in
accordance with the City's Ordinance to seek the use of Governmental City owned property after first seeking
co-location opportunities. The agreement is to lease property off Ivy Lane beginning August 1St, 2010 with an
initial term of five (5) years commencing to run from August 1, 2010 with rental payments of One Thousand
Five Hundred Dollars ($1500.00)to be paid on the first day of each month, in advance, to the City of
Fayetteville. The Agreement shall automatically be extended for four(4) additional five (5) year terms unless
Smith Communications, terminates it at the end of the then current term by giving Fayetteville written notice of
its intent to terminate at least six months prior to the end of the then current term. The monthly rental will be
increased by an amount equal to the total CPI increase during the five year period of the lease. If Smith
Communications subleases any portion of the property additional revenue share opportunities apply.
RECOMMENDATION:
The administration recommends approval of the lease.
BUDGETIMPACT:
There is no expense budget impact; and no plans to expend the new revenue obtained from the rental revenues
based off of the $1500.00 monthly rent.
C. 1
Smith Communications
(Ivey Road Cell Tower)
Page 3 of 14
RESOLUTION NO.
A RESOLUTION APPROVING A LEASE AGREEMENT WITH
SMITH COMMUNICATIONS, LLC FOR THE LOCATION OF A
CELLULAR TOWER NEAR IVEY ROAD
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 a lease agreement with Smith Communications, LLC, a copy of
which is attached to this Resolution as Exhibit"1."
PASSED and APPROVED this 20th day of July, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer
C. 1
Smith Communications
(Ivey Road Cell Tower)
Page 4 of 14
LAND LEASE
AGREEMENT
This Agreement, made this day of 2010,
between the CITY OF FAYETTEVILLE, ARKANSAS, 113 W. Mountain Street,
Fayetteville, AR 72701, hereinafter designated FAYETTEVILLE, and SMITH
COMMUNICATIONS, LLC, with its principal office located at Smith 2-Way
Communications, 520 N. College Avenue, Fayetteville, AR 72701, hereinafter designated
as SMITH COMMUNICATIONS. FAYETTEVILLE and SMITH COMMUNICATIONS
are at times collectively referred to hereinafter as the"Parties".
1. PREMISES. FAYETTEVILLE hereby leases to SMITH
COMMUNICATIONS, a site, located in Fayetteville, Washington County; Arkansas, and
described in Exhibit "A" attached hereto (the "Land Space"), together with the
non-exclusive but constant (24 hours per day, 7 days a week) access and utility easement
over, under, or along the existing utility and access easement, said Land Space and
easement (hereinafter collectively referred to as the "Premises") being substantially as
described herein in Exhibit "A" attached hereto and made a part hereof. SMITH
COMMUNICATIONS agrees not to block the access easement at any time and to
coordinate and cooperate with the CITY OF FAYETTEVILLE and all tenants in their use
and access to their facilities.
2. SURVEY. FAYETTEVILLE also hereby grants to SMITH
COMMUNICATIONS, the right to survey the site and the Premises. Fayetteville may also
survey the site and provide such survey to SMITH COMMUNICATIONS. After review
and acceptance of the survey by FAYETTEVILLE, the survey shall then become Exhibit
"B" which shall be attached hereto and made a part hereof, and shall control in the event of
boundary and access discrepancies between it and Exhibit"A".
3. TERM. This Agreement shall be effective as of August 1, 2010, with the
initial term of five (5) years commencing to run from August 1, 2010. Rental payments
shall commence and be due at a total monthly rent of One Thousand Five Hundred
Dollars ($1,500.00) to be paid on the first day of each month, in advance, to the City of
Fayetteville.
4. EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five(5)year terms unless SMITH COMMUNICATIONS;terminates it at the end
of the then current term by giving FAYETTEVILLE written notice of its intent to terminate
at least six(6)months prior to the end of the then current term.
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Smith Communications
(Ivey Road Cell Tower)
Page 5 of 14
5. EXTENSION RENTALS. The monthly rental for the first five year extension
term shall be increased by an amount equal to the total CPI increase during the five year
period of the lease; the monthly rental for the second five year extension term shall be
further increased by an amount equal to the total CPI increase during the second five year
period of the lease; the monthly rental for the third five year extension term shall be further
increased by an amount equal to the total CPI increase during the third five year period of
the lease; and the monthly rental for the fourth five year extension term shall be further
increased by an amount equal to the total CPI increase during the fourth five year period of
the lease.
6. USE: GOVERNMENTAL APPROVALS. SMITH COMMUNICATIONS
shall use the Premises for the purpose of constructing, maintaining, repairing and operating
a communications facility and uses incidental thereto. A security fence consisting of chain
link construction or similar but comparable construction may be placed around the
perimeter of the Premises at the discretion of SMITH COMMUNICATIONS, (not
including the access easement). All improvements, equipment and conduits shall be at
SMITH COMMUNICATIONS's expense and the installation of all improvements shall be
at the discretion and option of SMITH COMMUNICATIONS. SMITH
COMMUNICATIONS shall have the right to replace, repair, add or otherwise modify its
equipment and/or conduits or any portion thereof and the frequencies over which the
equipment operates, whether the equipment, conduits or frequencies are specified or not on
any exhibit attached hereto, during the Term. It is understood and agreed that SMITH
COMMUNICATIONS's ability to use the Premises is contingent upon its obtaining after
the execution date of this Agreement all of the certificates, permits and other approvals
(collectively the "Governmental Approvals") that may be required by any Federal, State or
Local authorities as well as satisfactory soil boring tests which will permit SMITH
COMMUNICATIONS use of the Premises as set forth above. FAYETTEVILLE shall take
no action which would adversely affect the status of the Property with respect to the
proposed use thereof by SMITH COMMUNICATIONS. In the event that any of such
applications for such Governmental Approvals should be finally rejected; any
Governmental Approval issued to SMITH COMMUNICATIONS is canceled, expires,
lapses, or is otherwise withdrawn'or terminated by governmental authority SMITH
COMMUNICATIONS, shall have the right to terminate this Agreement. Notice of
SMITH COMMUNICATIONS's exercise of its right to terminate shall be given to
FAYETTEVILLE in writing by certified mail, return receipt requested, and shall be
effective upon the mailing of such notice by SMITH COMMUNICATIONS, or upon such
later date as designated by SMITH COMMUNICATIONS. All rentals paid to said
termination date shall be retained by FAYETTEVILLE. Upon such termination, this
Agreement shall be of no further force or effect except to the extent of the representations,
warranties and indemnities made by each party to the other hereunder. Otherwise, SMITH
COMMUNICATIONS shall have no further obligations for the payment of rent to
FAYETTEVILLE. If this site becomes technologically unsuitable for SMITH
COMMUNICATIONS's purposes, SMITH COMMUNICATIONS may terminate this lease
upon ninety(90) days notice.
2
C. 1
Smith Communications
(Ivey Road Cell Tower)
Page 6 of 14
7. INSURANCE. SMITH COMMUNICATIONS agrees that at its own cost
and expense, it will maintain commercial general liability insurance with limits not less
than $1,000,000 for injury to or death of one or more persons in any one occurrence and
$500,000 for damage or destruction to property in any one occurrence.
8. LIMITATION OF LIABILITY. In no event will either FAYETTEVILLE or
SMITH COMMUNICATIONS be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of data, or
loss or interruption of use of service, under any theory of tort, strict liability or
negligence.
9. INTERFERENCE. SMITH COMMUNICATIONS agrees to install
equipment of the type and frequency which will not cause material interference which is
measurable in accordance with then existing industry standards to any equipment of
FAYETTEVILLE or its lessees of the Property. In the event any after-installed SMITH
COMMUNICATIONS's equipment causes such interference, and after FAYETTEVILLE
has notified SMITH COMMUNICATIONS in writing of such interference, SMITH
COMMUNICATIONS will take all commercially reasonable steps necessary to correct
and eliminate the interference, including but not limited to, at SMITH
COMMUNICATIONS's option, powering down such equipment and later powering up
such equipment for intermittent testing. In no event will FAYETTEVILLE be entitled to
terminate this Agreement or relocate the equipment as long as SMITH
COMMUNICATIONS is making a good faith effort to remedy the interference issue.
SMITH COMMUNICATIONS agrees to indemnify and hold Fayetteville harmless from
any claim by other tenants that SMITH COMMUNICATIONS's equipment has damaged
or interfered with their equipment or service to their customers. FAYETTEVILLE agrees
that it or other tenants of the Property who currently have or in the future take possession
of the Property will be permitted to install only such equipment that is of the type and
frequency which will not cause material interference which is measurable in accordance
with then existing industry standards to the then existing equipment of SMITH
COMMUNICATIONS.
10. REMOVAL AT END OF TERM. SMITH COMMUNICATIONS shall,
upon expiration of the Term, or within ninety (90) days after any earlier.termination of
the Agreement, remove its building(s), antenna structure(s) (except footings), equipment,
conduits, fixtures and all personal property and restore the Premises to its original
condition, reasonable wear and tear and casualty damage excepted. FAYETTEVILLE
agrees and acknowledges that all of the equipment, conduits, fixtures and personal
property of SMITH COMMUNICATIONS shall remain the personal property of SMITH
COMMUNICATIONS and SMITH COMMUNICATIONS shall have the right to remove
the same at any time during the Term, whether or not said items are considered fixtures
and attachments to real property under applicable Laws. If such time for removal causes
SMITH COMMUNICATIONS to remain on the Premises after termination of this
3
C. 1
Smith Communications
(Ivey Road Cell Tower)
Page 7 of 14
Agreement, SMITH COMMUNICATIONS shall pay rent at the then existingmonthly
rate or on the existing monthly pro-rata basis if based upon a longer payment term, until
such time as the removal of the building, antenna structure, fixtures and all personal
property are completed.
11. QUIET ENJOYMENT. FAYETTEVILLE covenants that SMITH
COMMUNICATIONS, on paying the rent and performing the covenants herein, shall
peaceably and quietly have, hold and enjoy the Premises. FAYETTEVILLE agrees that
this lease shall survive and remain in force if FAYETTEVILLE sells or transfers any part
of the Land Space.
12. TITLE. FAYETTEVILLE represents and warrants to SMITH
COMMUNICATIONS as of the execution date of this Agreement, and covenants during
the Term that FAYETTEVILLE is seized of good and sufficient title and interest to the
Property and has full authority to enter into and execute this Agreement and that there are
no covenants, easement or restrictions which prevent or adversely affect the use of
occupancy of the Premises by SMITH COMMUNICATIONS as set forth above.
13. INTEGRATION. It is agreed and understood that this Agreement contains
all agreements, promises and understandings between FAYETTEVILLE and SMITH
COMMUNICATIONS and that no verbal or oral agreements, promises or understandings
shall be binding upon either FAYETTEVILLE or SMITH COMMUNICATIONS. In the
event any provision of the Agreement is found to be invalid or unenforceable, such
finding shall not affect the validity and enforceability of the remaining provisions of this
Agreement. The failure of either Party to insist upon strict performance of any of the
terms or conditions of this Agreement or to exercise any of its rights under the Agreement
shall not waive such rights and such Party shall have the right to enforce such rights at
any time and take such action as may be lawful and authorized under this Agreement, in
law or in equity.
14. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of Arkansas and venue shall be
in Washington County.
15. ASSIGNMENT. This Agreement may be sold, assigned or transferred by
SMITH COMMUNICATIONS without any approval or consent of FAYETTEVILLE to
SMITH COMMUNICATIONS's principal, affiliates, subsidiaries of its principal or to
any entity which acquires all or substantially all of SMITH COMMUNICATIONS's
assets in the market defined by the Federal Communications Commission in which the
Property is located by reason of a merger, acquisition or other business reorganization.
As to other parties, this Agreement may not be sold, assigned or transferred without the
written consent of FAYETTEVILLE, which such consent will not be unreasonably
withheld or delayed. No change of stock ownership or control of SMITH
COMMUNICATIONS shall constitute an assignment hereunder. SMITH
4
C. 1
Smith Communications
(Ivey Road Cell Tower)
Page 8 of 14
COMMUNICATIONS may sublease any portion of the Property at its sole discretion
upon notice to FAYETTEVILLE. Any sublease that is entered into by SMITH
COMMUNICATIONS shall be subject to the provisions of this Agreement and shall be
binding upon the successors, assigns, heirs and legal representatives of the respective
parties hereto. The term "Sublease", "Sublet", "Sublessee" and any other similar term
shall apply to any situation by which SMITH COMMUNICATIONS allows a third party
use of the Property for co-location, whether it be by formal sublease, license or other
agreement. All rights and responsibilities of SMITH COMMUNICATIONS set forth in
this Agreement shall be enjoyed by and binding on any Sublessee.
(a) In the event SMITH COMMUNICATIONS subleases any portion of the
Property, in accordance with this Agreement, any rental paid by any Sublessee(s) shall be
divided between FAYETTEVILLE and SMITH COMMUNICATIONS in the following
manner: (i) The first cell phone carrier's antenna array is paid for by the monthly rent
charged to SMITH COMMUNICATIONS pursuant to this Land Lease Agreement; (ii)
The gross rental paid by (and the gross value of any other type of consideration received
from) the business using the second and any subsequent set of cell phone antennas shall
be divided with 67% of the gross going to SMITH COMMUNICATIONS and 33% to
FAYETTEVILLE. Any Sublessee shall be instructed to pay the foregoing percentage
amounts directly to SMITH COMMUNICATIONS. SMITH COMMUNICATIONS shall
be responsible to Fayetteville for the collection or payment of rents by the Sublessee and
their remittance to FAYETTEVILLE. However, SMITH COMMUNICATIONS shall
have no liability to FAYETTEVILLE in the event of failure of payment by Sublessee. In
this event, SMITH COMMUNICATIONS shall have no liability of any nature to
FAYETTEVILLE for failure to sublet all or any part of the premises to any or all
potential Sublessee(s); SMITH COMMUNICATIONS will provide FAYETTEVILLE
with all agreements that have been executed by SMITH COMMUNICATIONS and its
Sublessee.
(b) Notwithstanding any other provision of this Agreement, SMITH
COMMUNICATIONS shall not be required to obtain approval from FAYETTEVILLE
for the subletting of the Property or part thereof. SMITH COMMUNICATIONS shall
have the sole right to determine whether it will Sublet any portion of the Property or
whether it will sublease to any specific Sublessee.
16. NOTICES. All notices hereunder must be in writing and shall be deemed
validly given if sent by certified mail, return receipt requested or by commercial courier,
provided the courier's regular business is delivery service and provided further that it
guarantees delivery to the addressee by the end of the next business day following the
courier's receipt from the sender, addressed as follows (or any other address that the Party
to be notified may have designated to the sender by like notice):
5