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HomeMy WebLinkAbout2011-01-04 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting January 4, 2011 A meeting of the Fayetteville City Council will be held on January 4, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Oaths of Office: Adella Gray Alderman Ward 1 Mark Kinion Alderman Ward 2 Justin Tennant Alderman Ward 3 Kit Williams City Attorney Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Election of Vice Mayor: BRENDA THIEL WAS ELECTED. 2. Report on the Firemen's and Policemen's Pension and Relief Fund—Mayor 3. 2011 Governing Body Appointments: • Active Transportation Advisory Committee Appointment • Advertising & Promotion Commission APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. 2011 Mayor Appointments: • Northwest Arkansas Regional Planning Commission • Equipment Committee • Streets Committee • Sewer Committee • Nominating Committee • Ordinance Review Committee APPROVED Agenda Additions: 1. Repeal Resolution 230-10 Jacobs Engineering: A resolution Repealing Resolution No. 230-10, 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. 01-11 A. Consent: 1. Approval of the December 21, 2010 City Council meeting minutes. APPROVED 2. Bid #11-01 Time Striping, Inc.: A resolution awarding Bid #11-01 and authorizing a contract with Time Striping, Inc. in the amount of$12,000.00 for the purchase of thermal striping for the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 02-11 3. Bid #11-02 Time Striping, Inc.: A resolution awarding Bid #11-02 and authorizing a contract with Time Striping, Inc. in the amount of $54,124.00 for the purchase of reflectorized paint markings for the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 03-11 4. Bid #11-03 Ground Zero Construction & Tomlinson Asphalt Co. Inc.: A resolution awarding Bid #11-03 and authorizing the purchase of curb and gutter construction from Ground Zero Construction as a primary supplier and Tomlinson Asphalt Co. Inc. as a secondary supplier in variable amounts as needed in calendar year 2011 by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 04-11 5. Bid #11-04 S & R Trucking & Les Rogers, Inc.: A resolution awarding Bid #11-04 and authorizing the purchase of topsoil from S&R Trucking as a primary supplier and Les Rogers, Inc. as a secondary supplier in variable amounts as needed in calendar year 2011 by the Transportation Division. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 05-11 6. Bid #11-05 S & R Trucking, Sweetser Construction, Inc. & Les Rogers, Inc.: A resolution awarding Bid #11-05 and authorizing the purchase of hillside gravel from S & R Trucking as a primary supplier, Sweetser Construction, Inc. as a secondary supplier for material to be picked up and Les Rogers, Inc. as a secondary supplier for material to be delivered, in variable amounts as needed in calendar year 2011 by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 06-11 7. Bid #11-06 Tune Concrete Company & APAC-Central, Inc.: A resolution awarding Bid #11-06 and authorizing the purchase of concrete from Tune Concrete Company as a primary supplier, APAC-Central, Inc. as a secondary supplier, and authorizing the subsequent use of other bidders based on price and availability, in variable amounts as needed in calendar year 2011 by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 07-11 8. Bid #11-08 Hillside Haulers & Les Rogers, Inc.: A resolution awarding Bid #11-08 and authorizing the purchase of truck hauling services from Hillside Haulers and Les Rogers, Inc. as primary suppliers with each to be used on a rotating basis, and authorizing the subsequent use of other bidders based on price and availability, in variable amounts, as needed during calendar year 2011 by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 08-11 9. Bid #11-09 Northwest Arkansas Quarries, LLC & APAC-Central, Inc.: A resolution awarding Bid #11-09 and authorizing the purchase of aggregate from Northwest Arkansas Quarries, LLC as a primary supplier, APAC-Central, Inc. as a secondary supplier, and authorizing the subsequent use of other bidders based on price and availability, in variable amounts as needed in calendar year 2011 by the Transportation Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 09-11 10. Bid #11-11 Tomlinson Asphalt Co.: A resolution awarding Bid #11-11 and authorizing the purchase of curb and gutter from Tomlinson Asphalt Co., Inc. in an amount not to exceed $225,000.00 and authorizing the subsequent use of other bidders based on price and availability, in variable amounts, as needed for use in Ozark Regional Transit New Freedom Projects during calendar year 2011. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 10-11 11. Bid #11-12 Les Rogers, Inc.: A resolution awarding Bid #11-12 and authorizing the purchase of topsoil from Les Rogers, Inc. in the amount of $9.95 per cubic yard as needed for use in Ozark Regional Transit New Freedom Projects during calendar year 2011. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 11-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 12. Bid #11-13 Northwest Arkansas Quarries, LLC & APAC-Central, Inc.: A resolution awarding Bid #11-13 and authorizing the purchase of aggregate from Northwest Arkansas Quarries, LLC in the amount of $5.30 per ton and authorizing the use of APAC-Central, Inc. in the amount of$5.50 per ton as a secondary supplier, as needed for use in Ozark Regional transit New Freedom Projects during calendar year 2011. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 12-11 13. Bid #11-14 Scurlock Industries of Fayetteville, Inc. & HD Supply WaterWorks: A resolution awarding Bid #11-14 and authorizing the purchase of concrete drainage pipe from Scurlock Industries of Fayetteville, Inc. and metal and plastic drainage pipe from HD Supply WaterWorks in varying unit prices, and authorizing the use of other bidders based on price and availability as needed for use in Ozark Regional Transit New Freedom Projects and other city projects during calendar year 2011. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 13-11 B. Unfinished Business: 1. 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 ordinance was left on the First Reading at the December 21, 2010 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5379 C. New Business: 1. Asphalt Material Bid Waiver: An ordinance waiving the requirements of formal competitive bidding during calendar year 2011 for the purchase of asphalt materials for use by the Transportation Division. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5380 City Council Tour: January 3, 2011 at 4:30 p.m. The Council will be touring RZN 10-3608 (Parker) Announcements: Adjournment: 7:10 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: January 4,2011 Adjourn: /Q Subject: Roll Lewis Gray Thiel / Kinion r/ Petty / Tennant Vol Ferrell Adams , Mayor Jordan "n Subject: Election of Vice Mayor Motion To: ndi-rm- Qv�'` Motion By: � u Seconded: Lewis Gray ✓ hna . Thiel � 1 �1 Kinion 4�ta� Petty Tennant Ferrell Adams Mayor Jordan O City Council Meeting: January 4,2011 Subject: 2011 GoverningBody y A ppointments Motion To: #p P de Motion By: Seconded: Lewis ✓ Gray Thiel Kinion Petty Tennant Ferrell e/ Adams A 6 Sed' Mayor Jordan Subject: 2011 Mayor Appointments Motion To: Motion By: Seconded: Lewis Gray Thiel Kinion V/- Petty Tennant Ferrell WOO- Adams Mayor Jordan 7 -0 City Council Meeting: January 4,2011 Subject: Motion To: (Idd ! 40 Motion By: Seconded: ILI ad" Lewis (X Gray r/ ✓ `—Thiel ✓ ✓ I{inion Petty ✓ t/' Tennant t� ✓ I I I Ferrell ✓ Adams Mayor Jordan 7-0 -d Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel (union Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: January 4,2011 Subject: Consent Motion To: Motion By: �- Seconded: ' Lewis f /Ni.V\kje9w Gray ✓ APPrOVed Thiel f Kinion Petty W/'' Tennant Ferrell ({� Adams Mayor Jordan Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: January 4,2011 Subject: l3ZN 10-3608 (Parker) Motion To: ®Z `( 4n Sk 3 r RX Motion By: Seconded: i B. 1 Lewis ✓ e� Unfinished Gray ,�--- 1 1 ✓ W/ Business Thiel v'" A ✓ r/ Kinion Petty ✓ t/ Al✓ Tennant ✓ A/ i,/" ✓ 2 n Q Ferrell r/" 1 ,, ��® t/ J 1 I Adams Sew Ase 4 OASenf abs ef Mayor Jordan �y Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Kinion Petty Tennant Ferrell Adams Mayor Jordan City Council Meeting: January 4,2011 Subject: Asphalt Material Bid Waiver Motion To: v2 n _d RA r d AqJ Motion By: ILde Seconded: C. 1 Lewis ✓ New Gray Business Thiel ✓ �/ �/' limon ✓ ✓' ✓ Petty ✓ ,�' t✓ Tennant ,.✓ wo' Ferrell ✓` YJ 'J Adams .. 6 Mayor Jordan 7-o 7 -0 Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Kinion Petty Tennant Ferrell Adams Mayor Jordan • a e evl le Departmental Correspondence LEGAL Y AFKANSAS • • DEPARTMENT Kit Williams TO: Lioneld Jordan, Mayor City Adorney Jason B.Kelley THRU: Sondra Smith, City Clerk / Assistant City Attorney FROM: Kit Williams, City Attorne}�— DATE: January 5, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of January 4, 2011 1. Bid #11-01 Time Striping, Inc.: A resolution awarding Bid #11-01 and authorizing a contract with Time Striping, Inc. in the amount of$12,000.00 for the purchase of thermal striping for the Transportation Division. 2. Bid #11-02 Time Striping, Inc.: A resolution awarding Bid #11-02 and authorizing a contract with Time Striping, Inc. in the amount of$54,124.00 for the purchase of reflectorized paint markings for the Transportation Division. 3. Bid #11-03 Ground Zero Const. & Tomlinson Asphalt Co., Inc.: A resolution awarding Bid #11-03 and authorizing the purchase of curb and gutter construction from Ground Zero Const. as a primary supplier and Tomlinson Asphalt Co., Inc. as a secondary supplier in variable amounts as needed in calendar year 2011 by the Transportation Division. 4. Bid #11-04 S & R Trucking & Les Rogers, Inc.: A resolution awarding Bid #I1-04 and authorizing the purchase of topsoil from S & R Trucking as a primary supplier and Les Rogers, Inc. as a secondary supplier in variable amounts as needed in calendar year 2011 by the Transportation Division. 5. Bid #11-05 S & R Trucking, Sweetser Const., Inc. & Les Rogers, Inc.: A resolution awarding Bid #11-05 and authorizing the purchase of hillside gravel from S & R Trucking as a primary supplier, Sweetser Const., Inc. as a secondary supplier for material to be picked up and Les Rogers, Inc. as a secondary supplier for material to be delivered, in variable amounts as needed in calendar year 2011 by the Transportation Division. 6. Bid #11-06 Tune Concrete Company & APAC-Central, Inc.: A resolution awarding Bid #11-06 and authorizing the purchase of concrete from Tune Concrete Company as a primary supplier, APAC-Central, Inc. as a secondary supplier, and authorizing the subsequent use of other bidders based on price and availability, in variable amounts as needed in calendar year 2011 by the Transportation Division. 7. Bid #11-08 Hillside Haulers & Les Rogers, Inc.: A resolution awarding Bid #11-08 and authorizing the purchase of truck hauling services from Hillside Haulers and Les Rogers, Inc. as primary suppliers with each to be used on a rotating basis, and authorizing the subsequent use of other bidders as based on price and availability, in variable amounts as needed in calendar year 2011 by the Transportation Division. 8. Bid 411-09 Northwest Arkansas Quarries, LLC & APAC-Central, Inc.: A resolution awarding Bid #11-09 and authorizing the purchase of aggregate from Northwest Arkansas Quarries, LLC as a primary supplier and APAC-Central, Inc. as a secondary supplier and authorizing the subsequent use of other bidders based on price and availability, in variable amounts as needed in calendar year 2011 by the Transportation Division. 9. Bid #11-11 Tomlinson Asphalt Co.: A resolution awarding Bid #11-11 and authorizing the purchase of curb and gutter from Tomlinson Asphalt Co., Inc. in an amount not to exceed $225,000.00 and authorizing the subsequent use of other bidders based on price and availability, in variable amounts as needed for use in Ozark Regional Transit New Freedom Projects during calendar year 2011. 10. Bid #11-12 Les Rogers, Inc.: A resolution awarding Bid #11-12 and authorizing the purchase of topsoil from Lew Rogers, Inc. in the amount of $9.95 per cubic yard as needed for use in Ozark Regional Transit New Freedom Projects during calendar year 2011. 11. Bid #11-13 Northwest Arkansas Quarries, LLC & APAC-Central, Inc.: A resolution awarding Bid #11-13 and authorizing the purchase of aggregate from Northwest Arkansas Quarries, LLC in the amount of $5.30 per ton and authorizing the use of APAC-Central, Inc. in the amount of $5.50 per ton as a secondary supplier, as needed for use in Ozark Regional Transit New Freedom Projects during calendar year 2011. 2 12. Bid #11-14 Scurlock Industries of Fayetteville, Inc. & HD Supply WaterWorks: A resolution awarding Bid #11-14 and authorizing the purchase of concrete drainage pipe from Scurlock Industries of Fayetteville, Inc. and metal and plastic drainage pipe from HD Supply WaterWorks in varying unit prices and authorizing the use of other bidders based on price and availability as needed for use in Ozark Regional Transit New Freedom Projects and other city projects during calendar year 2011. 13. Repeal of Resolution No. 230-10: A resolution repealing Resolution No. 230-10, 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. Asphalt Material Bid Waiver: An ordinance waiving the requirements of formal competitive bidding during calendar year 2011 for the purchase of asphalt materials for use by the Transportation Division. 3 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting January 4, 2011 A meeting of the Fayetteville City Council will be held on January 4, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Oaths of Office: Adella Gray Alderman Ward 1 Mark Kinion Alderman Ward 2 Justin Tennant Alderman Ward 3 Kit Williams City Attorney Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Election of Vice Mayor: 2. Report on the Firemen's and Policemen's Pension and Relief Fund—Mayor 3. 2011 Governing Body Appointments: • Active Transportation Advisory Committee Appointment • Advertising & Promotion Commission 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. 2011 Mayor Appointments: • Northwest Arkansas Regional Planning Commission • Equipment Committee • Streets Committee • Sewer Committee • Nominating Committee • Ordinance Review Committee Agenda Additions: A. Consent: 1. Approval of the December 21, 2010 City Council meeting minutes. 2. Bid #11-01 Time Striping, Inc.: A resolution awarding Bid #11-01 and authorizing a contract with Time Striping, Inc. in the amount of$12,000.00 for the purchase of thermal striping for the Transportation Division. 3. Bid #11-02 Time Striping, Inc.: A resolution awarding Bid #11-02 and authorizing a contract with Time Striping, Inc. in the amount of $54,124.00 for the purchase of reflectorized paint markings for the Transportation Division. 4. Bid #11-03 Ground Zero Construction & Tomlinson Asphalt Co. Inc.: A resolution awarding Bid #11-03 and authorizing the purchase of curb and gutter construction from Ground Zero Construction as a primary supplier and Tomlinson Asphalt Co. Inc. as a secondary supplier in variable amounts as needed in calendar year 2011 by the Transportation Division. 5. Bid #11-04 S & R Trucking & Les Rogers, Inc.: A resolution awarding Bid #11-04 and authorizing the purchase of topsoil from S&R Trucking as a primary supplier and Les Rogers, Inc. as a secondary supplier in variable amounts as needed in calendar year 2011 by the Transportation Division. 6. Bid #11-05 S & R Trucking, Sweetser Construction, Inc. & Les Rogers, Inc.: A resolution awarding Bid #11-05 and authorizing the purchase of hillside gravel from S & R Trucking as a primary supplier, Sweetser Construction, Inc. as a secondary supplier for material to be picked up and Les Rogers, Inc. as a secondary supplier for material to be delivered, in variable amounts as needed in calendar year 2011 by the Transportation Division. 7. Bid #11-06 Tune Concrete Company & APAC-Central, Inc.: A resolution awarding Bid #11-06 and authorizing the purchase of concrete from Tune Concrete Company as a primary supplier, APAC-Central, Inc. as a secondary supplier, and authorizing the subsequent use of other bidders based on price and availability, in variable amounts as needed in calendar year 2011 by the Transportation Division. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 8. Bid #11-08 Hillside Haulers & Les Rogers, Inc.: A resolution awarding Bid #11-08 and authorizing the purchase of truck hauling services from Hillside Haulers and Les Rogers, Inc. as primary suppliers with each to be used on a rotating basis, and authorizing the subsequent use of other bidders based on price and availability, in variable amounts, as needed during calendar year 2011 by the Transportation Division. 9. Bid #11-09 Northwest Arkansas Quarries, LLC & APAC-Central, Inc.: A resolution awarding Bid #11-09 and authorizing the purchase of aggregate from Northwest Arkansas Quarries, LLC as a primary supplier, APAC-Central, Inc. as a secondary supplier, and authorizing the subsequent use of other bidders based on price and availability, in variable amounts as needed in calendar year 2011 by the Transportation Division. 10. Bid #11-11 Tomlinson Asphalt Co.: A resolution awarding Bid #11-11 and authorizing the purchase of curb and gutter from Tomlinson Asphalt Co., Inc. in an amount not to exceed $225,000.00 and authorizing the subsequent use of other bidders based on price and availability, in variable amounts, as needed for use in Ozark Regional Transit New Freedom Projects during calendar year 2011. 11. Bid #11-12 Les Rogers, Inc.: A resolution awarding Bid #11-12 and authorizing the purchase of topsoil from Les Rogers, Inc. in the amount of $9.95 per cubic yard as needed for use in Ozark Regional Transit New Freedom Projects during calendar year 2011. 12. Bid #11-13 Northwest Arkansas Quarries, LLC & APAC-Central, Inc.: A resolution awarding Bid #11-13 and authorizing the purchase of aggregate from Northwest Arkansas Quarries, LLC in the amount of $5.30 per ton and authorizing the use of APAC-Central, Inc. in the amount of$5.50 per ton as a secondary supplier, as needed for use in Ozark Regional transit New Freedom Projects during calendar year 2011. 13. Bid #11-14 Scurlock Industries of Fayetteville, Inc. & HD Supply WaterWorks: A resolution awarding Bid #11-14 and authorizing the purchase of concrete drainage pipe from Scurlock Industries of Fayetteville, Inc. and metal and plastic drainage pipe from HD Supply WaterWorks in varying unit prices, and authorizing the use of other bidders based on price and availability as needed for use in Ozark Regional Transit New Freedom Projects and other city projects during calendar year 2011. B. Unfinished Business: 1. 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 ordinance was left on the First Reading at the December 21, 2010 City Council meeting. Left on the First Reading 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. Asphalt Material Bid Waiver: An ordinance waiving the requirements of formal competitive bidding during calendar year 2011 for the purchase of asphalt materials for use by the Transportation Division. City Council Tour: January 3, 2011 at 4:30 p.m. The Council will be touring RZN 10-3608 (Parker) 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 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 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 11 rni Bo Appointments Taye evl e Office of the City 1 r surer��r Sondra E. Smith, City Clerk Treasurer Lisa Branson, Deputy City Clerk n n K n N s n s Amber Wood, Deputy City Clerk Phone: (479)575-8323 Fax: (479) 718-7695 city clerk(Wa.favetteville.ar.us Departmental Correspondence To: Mayor Lioneld Jordan City Council From: Sondra E. Smith, City Clerk Treasurerp�� Date: December 7, 2010 Subject: Board and Committee Appointments The City Council will need to make the following Board and Committee appointments at the December 21, 2010 City Council meeting. Advertising and Promotion Commission: Mayor Lioneld Jordan and Robert Rhoads are currently serving as members of the governing body. Two members shall be members of the governing body of the City and selected by the governing body and shall serve at the will of the governing body. The Mayor proposes appointing Mayor Jordan and Alderman Elect Justin Tenant. Active Transportation Advisory Committee: Alderman Kyle Cook is currently serving in the City Council member position. Vacancies are filled by appointment from the governing body of the City. The Mayor proposes appointing Alderman Brenda Thiel. Telecommunications Device for the Deaf TDDTTY(479) 521-1316 113 West Mountain—Fayetteville.AR 72701 2011 Governing Body Appointments Page 2 of 2 • Office of the City Clerk Treasurer aye evl e Sondra E.Smith,City Deputy CIRV01�1ceJ ppointments Lisa Branson, Deputy CRg4E1@Q[2 ARK ANS A S Amber Wood, Deputy City Clerk Phone: (479)575-8323 Fax: (479) 718-7695 citv clerki8d.favetteville.ar.Lis Departmental Correspondence To: Mayor Lioneld Jordan City Council From: Sondra E. Smith, City Clerk Treasurer Acc Date: December 7, 2010 Subject: Board & Committee 2011 Mayor Appointments The following Board & Committee appointments will need to be made at the December 21, 2010 City Council meeting. Northwest Arkansas Regional Planning Commission Fayetteville has three representative members Members are appointed by the Mayor Currently serving: Jeremy Pate, Sarah Lewis & Kyle Cook The 2011 Mayor appointments are: Jeremy Pate, Sarah Lewis & Matthew Petty Equipment Committee Adella Gray Matthew Petty Bobby Ferrell Sarah Lewis Streets Committee Brenda Thiel Matthew Petty Bobby Ferrell Rhonda Adams Water& Sewer Committee Adella Gray Mark Kinion Justin Tennant Sarah Lewis Nominatina Committee Adella Gray Mark Kinion Bobby Ferrell Rhonda Adams Ordinance Review Committee Brenda Thiel Matthew Petty Justin Tennant Sarah Lewis Telecommunications Device for the Deaf TDD/TTY(479)521-1316 113 West Mountain—Fayetteville,AR 72701 2011 Mayor Appointments Page 2 of 2 City Council Meeting Minutes December 21,2010 Page I of 22 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 City of Fayetteville Arkansas City Council Meeting Minutes December 21, 2010 A meeting of the Fayetteville City Council was held on December 21, 2010 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Petty, Rhoads, Ferrell, Lucas, Lewis, Mayor Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Alderman Kyle Cook Alderman Robert Rhoads Alderman Shirley Lucas Mayor Jordan presented Alderman Cook, Alderman Rhoads, and Alderman Lucas with a plaque for their commitment and service to the citizens of the City of Fayetteville. He thanked them for their dedication, loyalty and friendship. Alderman Cook thanked his wife and mom. I pretty much followed what I said I would do. I always did what I thought was right. I loved my time on the City Council. Alderman Rhoads: It has been an enjoyable experience to serve on the Council. I have always tried to look at what is best for the City of Fayetteville. Alderman Lucas: It has been a great eight years. I was blessed with Ward 4. I would like to thank all the people in Ward 4 for electing me twice. It was a joy to serve not only Ward 4 but 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 21,2010 Page 2 of 22 the City. I would like to thank the staff and the Mayor. I appreciate the Mayor's leadership. I would also like to thank my husband, Andy. City Council Meeting Presentations, Reports and Discussion Items: Nominating Committee Report: Alderman Cook read the Nominating Committee Report. A copy of the report is attached. Alderman Cook moved to approve the Nominating Committee Report. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. Agenda Additions: Alderman Rhoads moved to add the following item to the agenda. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. Fayetteville Public Facilities Board Change Underwriting of Bonds: 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. Dennis Hunt, Stephens, Inc. thanked Alderman Rhoads for introducing the item for consideration and also thanked City Attorney Kit Williams for facilitating the process with Butterfield Trail. On December 7, 2010 the Council approved a resolution that allowed the Fayetteville Facilities Board to issue bonds for the benefit of Butterfield Trail Village. Butterfield Trail Village tried to issue those bonds and the underwriter at that time was unable to achieve interest rates that were acceptable to Butterfield Trail Village. Butterfield Trail Village decided to ask Stephens to market the bonds at a favorable interest rates. Stephens has committed to Butterfield Trail Village to underwrite the bonds at a better interest rate. Therefore a new resolution needs to be approved. Alderman Ferrell moved to approve the resolution. Alderman Lewis seconded the motion. Upon roll call the resolution passed unanimously. Resolution 218-10 as recorded in the office of the City Clerk Consent: Approval of the December 7, 2010 City Council meeting minutes. Approved 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 21,2010 Page 3 of 22 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. Resolution 219-10 as recorded in the office of the City Clerk. 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. Resolution 220-10 as recorded in the office of the City Clerk. 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. Resolution 221-10 as recorded in the office of the City Clerk. 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. Resolution 222-10 as recorded in the office of the City Clerk. 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. Resolution 223-10 as recorded in the office of the City Clerk. 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. Resolution 224-10 as recorded in the office of the City Clerk. 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. Resolution 225-10 as recorded in the office of the City Clerk. Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2011. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 21,2010 Page 4 of 22 Resolution 226-10 as recorded in the office of the City Clerk. 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. Resolution 227-10 as recorded in the office of the City Clerk. 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. Resolution 228-10 as recorded in the office of the City Clerk. 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. Resolution 229-10 as recorded in the office of the City Clerk. 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. Resolution 230-10 as recorded in the office of the City Clerk. 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. Resolution 231-10 as recorded in the office of the City Clerk. 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. Alderman Petty asked that the Community Access Television, Inc. item be removed from the consent agenda and placed in New Business # 2. This item was removed from the Consent Agenda and placed in New Business #2. Alderman Cook moved to approve the Consent Agenda with the last item Community Access Television, Inc. moved to New Business # 2. Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 21,2010 Page 5 of 22 Unfinished Business: None New Business: 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. Alderman Thiel: Alderman Gray and I brought this forward. We felt strongly about protecting the interest of the citizens of Fayetteville and the businesses on Dickson Street. I had a lot of constituent's contact me and they feel like we need to do something. Alderman Gray: Everyone knows that I am an avid supporter of the Walton Arts Center. I have somewhat mixed feeling about this but as Brenda said we have so many constituents who are upset about the things that have been happening in the last few weeks. They want some guarantee that the Walton Arts Center is going to be able to serve Fayetteville and its constituents as it has for many years. That's the reason we are seeking a contract so that we can know that what they have said they are going to do they in fact will do. Suzie Stephens resident of 705 North Sunset Drive and Business Owner on Dickson Street: As a business owner on Dickson and one who has a master's degree in theatre from the University of Arkansas and one who has watched this amazing Northwest Arkansas grow, develop and become more of our originality. When I heard about the new 2,200 seat arena in Bentonville I was excited. I know the Walton Arts Center operates as a business and it's silly to think they would do anything less than to try to bring in the greatest of performances of theatre, orchestra and dance and do anything that would effect making it a positive business in Fayetteville. On the flip side a 2,200 seat arena in Bentonville would allow great shows, things the Baum Walker Auditorium cannot technically handle. There are some venues that don't want to be in a 2,200 seat theatre. We are going to get a new 600 seat theatre so that we can do a lot more things. Why are we going to add theatres if we don't need them. We need them everywhere for the enjoyment. Bob Nickel, Ward 1 resident: Thanked the city staff and the ones who put together the proposal for the Walton Arts Center. I think it was a magnificent proposal, it was only missing one thing a financial guarantee package. As a city we can't give that to them. I feel it would be inappropriate to renegotiate a contract. I believe them when they say they are going to have good programming here and they are not going to let this die on the vine. It would not be to their benefit. I don't think that we need to demand some document that says they are going to commit to us. I don't think we need to try to force an issue. I think it would be inappropriate and it might hurt the funding raise efforts that are going to build both new facilities. Terri Trotter, resident of Fayetteville and with the Walton Arts Center: Our current lease, which is held jointly between the City of Fayetteville and the U of A, is valid through 2017. We don't see a need to take a look at that right now. However, I want to let you know we are very much looking forward to conversations moving forward with the City, the Mayor, and the 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 21,2010 Page 6 of 22 Chancellor. We have a lot of exciting things on the horizon. The opportunity to create a new theatre complex in our Entertainment District is something that we can hardly wait to get started on. There is a lot we have to figure out in moving forward with that. We are anxious to start those dialogs about the things that will help us move forward. Things like figuring out where we are going to put this and what are the development opportunities. Creating a new complex gives us the opportunity to begin to look at what goes with that. We have to address the parking issue, that is something you have been fantastic in working on already, the opportunity for additional retail, for a hotel, there are limitless possibilities down there. We have a lot of dialog that needs to happen. We are excited about beginning those conversations. We hope that we can turn our attention to planning for how we grow the entertainment district. Alderman Petty: If you count all the existing theatres and the seats in the stadiums and the planned theatres, how many seats will the Walton Arts Center be managing? Terri Trotter: Roughly 30,000. Alderman Petty: Only 2,200 of those will be in Bentonville? Teri Trotter: Correct. Alderman Petty: Thank you. Alderman Thiel: That is after everything is built out as planned, right? Terri Trotter: Yes. In addition to new bricks and mortar projects, one of the things we have heard from the University and people in Northwest Arkansas, is an area they feel lacking is popular music concerts. We have begun looking at how we might be able to address that need. Two things we have looked at are working on an opportunity to purchase the AMP. We have also been working with the University particularly the athletes department to be their concert management agent. Alderman Thiel: Why do you see a down side or problem with looking at this contract again? We do that with non profits that run facilities for us that offer things to our public. Terri Trotter: When you have a building lease that is the time to talk about content. I understand this is largely about content and that is really not the purpose of a lease. We have committed to maintaining quality arts and entertainment in Fayetteville. That is what we are all about. If we don't do that we have a huge challenge in terms of being able to run our business. We are a non profit organization which means we rely on the sale of our product. People have to want to buy tickets, they have to not only want to buy tickets, they have to want to donate money on top of buying their tickets for us to even do what we do. We are very committed to making sure we maintain quality programming. I can't tell you specifically what programming we are going to have five to ten years from now, nobody can. We don't know what the world will look like five to ten years from now. We can tell you what the vision is for the spaces and how we see that functioning. We see Baum Walker Hall functioning in a very similar way to how it functions now. It is a very multi purpose hall, everything from Broadway to dance, music and 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 21,2010 Page 7 of 22 classic entertainment That is how we see that hall function, that is what a 1,200 seat hall does for performing arts centers. We see additional opportunities for both of the two new venues, largely bringing in performances that are not currently in the market place. Alderman Gray: Would you tell me about the 30,000? Are you counting Bud Walton? Terri Trotter: Yes, we were looking at Bud Walton, Barn Hill, The AMP, Baum Walker Hall, a new 600 seat hall, a new 2,200 seat hall, Star Theater and possibility Nadine Baum Studios. Alderman Gray: Thank you. Steve Clark, President of Fayetteville Chamber of Commerce: On behalf of the Fayetteville Chamber of Commerce he thanked Alderman Cook, Alderman Rhoads, and Alderman Lucas for their leadership and the things they have done to make the city a better place. We at the Chamber of Commerce have had a great deal of discussion about this. We are passionately involved and I compliment this board for being passionately involved as well. Alderman Rhoads spoke correctly when he talked about a sea change that he had noticed in our city and in our region. That sea change is much more visible today then it was five or ten years ago. Almost twenty years ago when the Walton Arts Center was being conceived, planned and operated there was a plea for regionalism. We saw donors from outside of Fayetteville and Washington County make commitments and pledges. They did that on the basis of the dialog that we in the City of Fayetteville shared with them, part of that was negotiating a lease. That lease is in place and it has protected and advanced the interest of all parties, the City of Fayetteville, Washington County, the other cities of Northwest Arkansas, and the County of Benton. That is a document I believe was clearly negotiated in good faith and continues to operate today in good faith. There are going to be new venues. There is a great deal of dialogue going on about those venues. Having spoken with some of those who negotiated those original documents, I was informed that in those original documents there are provisions for trust for both the operations of the Walton Arts Center as we now know it. There is money set aside to guarantee those operations and the ability for those operations to go forward. Money is also set aside as trust funds for the facility itself. The Chamber has been interested in seeing that the facility itself increases and is improved. Like any facility that is 17 or 18 years old times change, situations change and needs change. It seems to the Chamber of Commerce that our position is we should continue to remain zealous in our efforts to be involved in this process. We ask you as the Council to remain zealous in your efforts to monitor the process. We believe we as the Chamber want to continue to be a partner with you in those efforts but we see no reason to renegotiate an existing lease that has six or seven years remaining. The decisions that are at the forefront today are not about the lease, or the terms that are part of that legal document, the decisions that are in the foreground today are about the development of new venues. There is a great deal of opportunity for a great deal of input. There is no doubt in my mind that this Council and the new members of the Council will have an enormous amount of impact on what is done because of your leadership for our city and because of your personal relationships with the members of the Board of the Walton Arts Center. This is not about employees. That board is comprised of five 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes December 21,2010 Page 8 of 22 appointees from this city. I would urge you to continue to be passionate in your monitoring of this process. I compliment City Attorney Kit Williams. He has done the best that a lawyer can do in representing his client and these issues by making sure we stay passionate about these concerns. I would urge you to take no action tonight. Alderman Lewis: I have attended the meetings that we have been invited to in order to better understand how the performing arts are managed specifically through the Walton Arts Center. As I understand it there is a model that essentially they have to follow. The performers and shows demand the number of seat that they want. It's really about providing a variety of venues so that you have a variety of types of shows. It seems like there is a model that is being followed that goes beyond us and the Walton Arts Center. It's in the best interest of that business to fill those venues. There is a business model that is really important. I am a huge supporter of every kind of arts. This was a balanced approach in that you have a regional perspective. I think we can maintain the communication just as we have. We have a good relationship, maybe better than we ever have. To me the best way to guarantee rather than a contract or a lease agreement is to support the arts. The more we support the arts the better our shows will be. I really respect the effort and I agree that we need to question it. I will not support this because I feel like this story goes beyond a lease agreement it's a much more complex system. Alderman Cook: I agree with Sarah's comment that the programming we get is what we demand as citizens and users of the arts center. As long as we continue to support that and support the shows they are bringing they will continue to give us the level that we expect. I don't think this is the route that we should go right now. I'm not personally enthused about the decision that was made but I think we gave it our best effort and I'm proud of what the City did with that. The decision was made and we still end up with a 600 seat theatre. I wish we could have it all here but I think that will spell good things for Fayetteville as we go forward in programming. The Walton Arts Center is committed and the lease we currently have is good for the next seven years. At this time I am not supportive of this. Alderman Petty: I appreciate the opportunity to have this discussion. Thank you for bringing it forward and thanks to the City Attorney for advising us of all our options. For me it's a matter of practicality, tickets have to keep selling if the Walton Arts Center is going to maintain its operations. With the majority of the seats for those tickets being in Fayetteville I think practically speaking there is no way the programming could really falter here. We could renegotiate the lease and put in some content requirements that might have some symbolic merit but as a matter of practicality it doesn't really change anything. For those reasons I don't think it would be the right decision for the Council to direct our staff to spend time and energy working on a lease renegotiation. I think the level of discussion around this issue needs to be elevated a little bit. We have talked about regionalism in the past and I think this is the case where we need to really commit to that. In this process we have seen an attitude where Fayetteville wants to be the leading performing arts destination of Northwest Arkansas and I think that is wrong on one level. I think we need to focus on Northwest Arkansas being the performing arts destination of the Midwest and the South. As Fayetteville and as elected leaders I think it is our job to commit to that future and figure out how Fayetteville fits into that vision. For me it comes down to the 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316