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HomeMy WebLinkAbout1983-02-15 MinutesMINUTES OF A BOARD OF DIRECTORS MEETING A meeting of the Board of Directors of the City of Fayetteville was held at 7:30 p.m., on February 15, 1983, in Room 107, Continuing Education Center, Fayetteville, Arkansas. PRESENT: Mayor Noland, Directors Osborne, Orton, Sharp, Bumpass, Johnson, and Lancaster; City Manager Grimes; Assistant City Manager McWethy, City Attorney McCord, City Clerk Kelly; members of the press and audience. 417 417.1 417.2 INAUGURATION OF LIVE TELEVISION COVERAGE This meeting marked the beginning of live telecasts of the City Board Meetings, a) presented by Fayetteville Open Channel and the Division of Continuing Education, 417.3 CO with the assistance of Warner Cable. The Board was addressed by Dr. Dutton, Dean of Continuing Education, University of Arkansas, followed by remarks by Mr. John Hicks, President of Fayetteville Open Channel and Ms. Shea Crain, Manager of (-) Fayetteville Open Channel. Mr. Hicks introduced members of the Board of CO Fayetteville Open Channel, Mr. Jesse Barr, Ms. Barbara Stripling, Ms. Pat Collier, Mr. Frank Rackerby, Board Director Marion Orton, and Board Director Marilyn Johnson. Also present was Ms. Joanne Sanders, Public Relations Officer of Warner Cable, who spoke in behalf of Mr. Rip Lindsey, Manager of Warner Cable. Mayor Noland and the members of the Board expressed their appreciation to all of these individuals for their assistance in helping to make this live coverage a reality and extended their, best wishes for continuation of this joint endeavor. 1 1 CALL TO ORDER Mayor Noland called the meeting to order and asked for a moment of respectful silence. 417.4 LAND APPLICATION OF MUNICIPAL WASTEWATER Mr. Charles Pound, Regional Vice President, Metcalf & Eddy, Inc., consultant 417.5 engineers, presented to the Board a fee estimate for the performance of addi- tional tasks concerning the feasibility of land application of Fayetteville's sewage effluent. Mr. Pound stated that this slow rate application system was considered to be cost effective but would be dependent on several factors. It would be important to determine that there were sufficient numbers of farmers interested in makingtheir land available;, that a third party could be esta- blished to manage the irrigation portion of the project (separate from the City and separate from the farming community) with representatives from both groups; that certain buffer zones (permitted by the State Health Department) be esta- blished, providing the distance between water as it falls to the ground and surrounding buildings and homes; and that the design criteria for the application rates be demonstrated to the farmers, which would also allow for refinement of the design criteria. The fee estimate and proposed work schedule are as follows: 417.6 (1) Institutional Survey ($12,500): This would assess the various insti- tutional arrangements available to perform management of the irrigation system and include all details concerning enabling legislation required, as well as any necessary amendments The firm of Friday, Eldredge & Clark (Little Rock), familiar with the institutional arrangements available in the State, would aid in this endeavor. The Board would receive a complete report of this survey. 417.7 • 41R (2) Demonstration Project ($10,250): This involves the selection of a site with the coordination of the manufacturer(s) of the machinery to be demonstrated (traveling gun sprinkler), as well as the arrangement for 418.1 water, power, etc. 418.2 (3) Information Packages ($29,355): These information packages will be prepared and disseminated to the farmers in the areas likely for application, to provide the farmers with the negative and postive aspects of the land application approach. Meetings would be held with farmers to address their questions and a visit is planned to a land application system existing in El Reno, Oklahoma, in order to view the system in operation. The amount mentioned above would include the cost of transporting the farmers to this location. 418.3 (4) Letters of Interest ($35,482): Metcalf & Eddy, Inc. would prepare a letter of interest which the farmers could review before agreement. The letter would indicate that the land is suitable for the rates of application and that the application will not exceed what the land can support. Mr. Pound stated that the intent is to develop a sufficient number of letters of interest, so that the firm can demonstrate a minimum of 2400 acres of land that could be used to apply this water (in Phase I, the West Side only). 418.4 (5) Field Report ($12,301): The State requires this investigation report which would include information on topography, geology and hydrology of the land being considered, as well as meterology and wind direction and velocity. Mr. Pound added that the majority of this information can be pulled from existing documents to accomplish this aim. 418.5 Mr. Pound stated that the total estimated cost would be $99,938, and the fixed fee is $14,592, for a total price of $114,530. Mr. Pound reiterated that timing is critical in order to secure the 75% grant funding, as well as the performance of the engineering of a project of this magnitude. 418.6 In discussion, Mr. Pound stated that it is estimated that 24-48 farmers would be needed for this project. He envisioned an Irrigation District consisting of a Board of Directors, made up of three representatives from the farming community and two from the City, with a Manager reporting to this Board, and he added that it would be helpful if the Manager were either an engineer, an agronomist, or someone knowledgeable in the field of agriculture. The type of machinery they recommend is the traveling gun sprinkler, which best suits the geometry of the land. The center pivot irrigation equipment is less costly but is preferred when contiguous bands of farms are being utilized. 418.7 Director Bumpass, after reviewing the Price Summary Format for Subagreements under U.S. EPA Grants, asked the maximum number of hours which Metcalf & Eddy bills in any one day and Mr. Pound stated that the norm is 8 hours, but could exceed that if testing were required at off -hours. Director Bumpass asked about the Indirect Cost Item for Overhead in the amount of 1.469 of the base cost, and Mr. Pound stated that this is the standard EPA approach, whereby EPA audits annually and projects forward to establish an interim overhead rate. Mr. Pound stated that if that is less at the end of the year, the client is entitled to a refund for the difference between the projected overhead and the real overhead. McGoodwin, Williams & Yates, as subcontractors. would perform a major portion of the institutional survey report, under the direction of Metcalf & Eddy, along with the firm of Friday, Eldredge & Clark. The McGoodwin firm would coordinate meetings with the community and would be available on an on -demand basis. Mr. Pound stated that his firm would enlist the help of the Soil Conservation Service, the University of Arkansas, and the County Extension Service. 1 1 1 Director Sharp asked who would make the initial contacts with the farmers, 4 1 9 and Mr. Pound stated that this should be done by Metcalf & Eddy, with the help of McGoodwin, Williams & Yates, which firm would bring the level of confidence necessary to make contact with the local farming community. Director Bumpass 419.1 asked if additional attorneys fees were anticipated, and Mr. Pound stated that they are not. He estimated that would be $2,000, which is included in the $26,750, listed in the Subcontractors portion of the Price Summary. There being no further discussion, the Board determined to defer action on 419.2 the acceptance of this proposal, pending the presentation of an alternate proposal for the Board's review. SEWAGE OVERVIEW CODr. Cliff Thompson, Pro3ect Director of CH2M Hill, addressed the Board. He 419.3 stated that his firm had met with representatives of the City and Campbell Soup on January 17, 1983, to discuss the role of his firm in evaluating the overall wastewater system in the City. It was determined that CH2M Hill would review in () detail the current situation of Campbell Soup's discharge and the waste treatment CO operations to evaluate the compatibility of additional pretreatment to assure Q satisfactory plant operations. His firm looked at the alternative of land application of wastewater being proposed to the City. Dr. Thompson presented a review of the Study Overview adding that a more detailed, finalreport would be presented within a week. 1 Campbell Soup Evaluation Dr. Thompson stated that his firm had performed extensive flow monitoring, 419.4 between January 10 and January 14, 1983, taking in -plant samples and looking at the characteristics of the production operations and reviewing the current pre- treatment operations. He stated that a number of structural and operational changes are•trecommended to Campbell Soup to keep their average daily wastewater discharge within 10,000 lb BOD/day. Campbell has volunteered to reschedule their employee vacation period to avoid coincidence with the University's summer break to reduce the shock load effect of both coming back on-line at the same time. He stated that the Campbell plant practices as related to wastewater management are quite good but that continued improvement in the in -plant handling of flour needs to be emphasized. Some recommended changes in the overall system include improved gravity sedimentation of kitchen area wastes and the possibility of chemical additions to improve performance of the dissolved air flotation system. This addition of chemicals to the DAF creates a skimmings problem which has not been resolved. Evaluation of City's Existing Waste Treatment Plant Dr. Thompson stated that his firm used the aid of a computer to evaluate how the process is operating. They spent time with the operating staff and con- 419.5 sidered operational problems. They looked at the detailed plans and specifications from which the plant was built. They found that the existing plant will not treat the designed capacity of 10 million gallons per day, and 34,000 pounds of BOD, for which it was designed. However, they determined that with good operations and maintenance the plant is capable of treating about 8 million gallons per day, and about 21,000 pounds of BOD. They found that the deterioration of the wastewater and effluent is the result of plant overload not plant operations. Review of Long -Term Wastewater Treatment Dr. Thompson presented alternatives to the Board which could be on-line by 419.6 mid -1986, rather than mid -1988, as per the 201 Facility Plan, and could prove cheaper than the alternatives currently being considered. He stated that their 420 review of the operation indicates that the single flow option would be between 814-21 million dollars cheaper in terms of present worth cost. In discussion o f the financing of the proposed plant, Dr. Thompson stated that, as per 420.1 the 201 Facility Plan, assuming EPA grant participation of $31 million, and assuming that no funding is available until 1985, his impression is that the City can rely on approximately $15 million maximum. This would be approximately a 1,000 percent increase in revenue needs, which would have to be offset by additional sewer rate increases. Dr. Thompson stated that the Black & Veatch study had found that the total capital costs needed for plant implementation will be $57 million, that is taking the $38 million and escalating it to the year of construction. The $57 million, less the $31 million of grant participation, would result in a City share of $26 million. He stated that $13 million would be needed to service the $26 million of borrowing. 420.2 Dr. Thompson proposed the upgrading of the present White River plant, to meet Federal discharge limits (5 parts per million BOD, 5 ppm Suspended Solids, 2 ppm ammonia, and 1 ppm phosphorus.) His firm is comfortable, after performing modeling runs, that the 5-5-2-1 limitations would assure that a fish kill would not occur. 420.3 Dr. Thompson proposed two alternatives. The first would be Advanced Wastewater Treatment, with full utilization of the existing plant, biological phosphorus removal, nitrification of wastewater, expansion of the unit process to accommodate future capacity, capacity to add chemicals to control effluent suspended solids and phosphorus, filtration of secondary effluent, and an e ffluent storage pond. The second alternative he proposed would be Advanced Secondary Treatment plus overland flow, with full utilization of the existing plant, biological phosphorus removal, nitrification of wastewater, expansion o f the unit process to accommodate future capacity, storage pond, and o verland flow treatment. Alternate No. 1 would involve capital costs of $22 million, with present worth of $35 million; Alternate No. 2 would involve capital costs of $24 million, with present worth of $37 million. These costs were compared to the split flow alternative with capital costs of $37 million, add present worth of $39 million. or $15 million higher. He added that he feels the grant funding will not be available beyond 1985 and thus the City could most likely be financing 100% of these costs. He stated that the key consideration for the Board was whether to pursue a cost-effective single plant system or to pursue the split flow alternative at a significantly higher cost. Dr. Thompson stated that he felt the plan he proposed would require one- half of the revenue required in the projections of Black & Veatch regarding the 201 Facility Plan. He added that he feels the implementation of this plan would necessitate the amending of the current 201 Facility Plan. He added that specifications can be prepared in mid -1983, and can be completed in about 9 months, with construction being completed in about two years. 420.4 In the question period which followed, Dr. Thompson stated that the plant can be kept in service during the time of construction. Mayor Noland asked whether there was adequate land area at the present treatment plant to accomplish either the expansion to advanced wastewater treatment or going to phosphorus removal/overland flow. Dr. Thompson responded that the overland flow option would require land purchase. Mayor Noland asked about the possibility of objec- tions being raised by the State Department of Pollution Control & Ecology about the overland flow process, and Dr. Thompson stated that the overland flow process had been evaluated in the 201 Facility Plan and was rejected because it didn't have sufficient phosphorus removal. He added that his proposal to couple phosphorus removal in the overland flow system has never been evaluated. Mayor Noland stated that the Board would be awaiting receipt of the final report from CH2M Hill later in the week. 420.5 1 1 SEWER RATES/PUBLIC HEARING Mayor Noland declared the Public Hearing open on the proposed sewer rate increase, based on a study performed by Black & Veatch, consultants, which evaluated the cost of treating sewage in Fayetteville. Mayor Noland stated that three different rate increases are anticipated, and that these rates were struc- tured on a cost of service basis. 421 421 .1 Mr. Blaine Bickel of Black & Veatch addressed the Board and stated that Black & Veatch was engaged to conduct this rate study which involved the projection of 421.2 revenue requirements, with the development of a financing plan for proposed capital improvements, the allocation of the costs (based on a cost of service analysis), and the design of the rate structure. He stated that this was done through 1988, so that the completion of the proposed capital program as set forth in the 201 03 Facility Plan could be included. Projections, based on historical data from the CO Fayetteville system, included customer numbers, sewage volumes, loadings, strength of the sewage discharge to be treated, operation and maintenance expenses, and U revenues under existing rates. The proposed rates would meet EPA requirements for CO proportionality and receipt of the grant funds. The rates were intended to go into effect January 1, 1983, and each month of delay in implementation would amount to a decline in revenue of $125,000 per month. Director Bumpass stated that CH2M Hill had proposed the possibility of reducing the overall capital cost by two-thirds, and essentially reduce the City's long term debt from $31 million to $7-8 million. Mr. Bickel then stated that he felt the 421.3 initial increase would still be required because there would be at least $6-J million in debt financing involved, and factoring in the amount of inflation, Mr. Bickel stated that the 78% increase would be required for issuance of $8 1/2 million in bonds. He added that under the present rate structure, the single family residential customer accounts for 40-45% of total revenue; under the proposed rate structure the single family residential customer accounts for 35-40%. The rate structure was determined by taking into account two factors -- a fixed service charge based on meter size and a quantity charge, based on volume, with the quantity charge being the same for all customers. The service charge portion varies with the amount of effort that goes into reading the meter, calculating billings, recordkeeping, etc. Mr. Ralph Nessen, of the Economic Opportunity Agency, addressed the Board in 421.4 behalf of the low -moderate income residents, the elderly and the handicapped in the area. He proposed working with the City to establish a system by which these people can be helped in making these proposed rate increase payments. In response, Director Sharp stated that Mr. Joe Brown of Black & Veatch had addressed the Board on a previous occasion concerning this type of "lifeline" rate proposal, and Mr. Brown had indicated that this type of situation was complicated and could only be handled by increasing the rates of others in the community to offset these "subsidies." 1 In further discussion, Director Bumpass stated his concern about the rate increase effect on the residential user, and stated that he felt that the commercial -industrial user can better absorb these increases, by passing them on to the consumer. Director Orton raised the possibility of consideration of a plan whereby some of the sales tax proceeds could be budgeted to benefit these low -moderate income families, and this proposal could be taken to a vote of the people. Phyllis Rice, of the Northwest Arkansas Times, stated that it was her recollection that the 1982 Budget had reflected a 16% allocation in the category of "Other" of which a portion had been earmarked for reduction of the cost of the wastewater 421.5 421.6 422 treatment facility in order to cut down these sewer rates. She questioned whether some of the sales tax money could be apportioned for plant construc- 422.1 tion, and thereby reduce the amount of bonds to be issued. A member of the audience proposed the addition of 1% sales tax increase 422.2 as an alternative to the rate increase. Director Bumpass stated that the argument from the business community is that it would put them at a compe- titive disadvantage with other people located in the same trade area. He added that the City may already have funds that can be injected into the sewer fund to reduce the amount that would need to be borrowed, and in essence reduce the rates that are proposed by Black & Veatch by some per- centage, at least over the five-year period. Director Johnson asked if the sewer rate increase monies were not needed in their entirety, could this money be returned, and Mr. Bickel stated that there is a bi-annual review of the sewer rates and charges, and if any customer is overcharged or undercharged, then the rates are to be adjusted accordingly. Mayor Noland called for the reading of the ordinance to increase these sewer rates. 422.3 422.4 422.5 City Attorney McCord read the ordinance for the first time. Director Bumpass made a motion to amend the ordinance to read that residential customers be billed $5.00 per month for useage of 2,000 gallons; $10.00 a month for useage of 5,000 gallons; and $15.00 per month for useage of 8,000 gallons. Mayor Noland stated that this isolates certain segments and neglects to take into consideration other volumes of useage. Director Bumpass asked Mr. Bickel if the service charge portion of the billings could be reduced by having the meter read every other month, and Mr. Bickel stated that this would not be much of a reduction. The monthly service charge is designed to recover those costs incurred by the utility, such as the share of the cost of reading the water meter, some of the capital costs associated with that meter, maintenance, computation of billings, etc. The monthly service charge includes the costs associated with the customer portion of the total infiltration inflow costs that were allocated on the basis of number of customers. The City could substitute some other source of funding, and these rate increases could possibly be lowered. The EPA funding is to be used toward capital costs only, and cannot be dedicated to operation and maintenance expenses. That is, the $125,000 to be generated to the City sewer fund monthly will amount to $1.5 million annually, but if the City voted a 14 sales tax increase, and that amount was generated, it could not be used for operations and maintenance expenses. 422.6 Mr. Curtis Shipley spoke to the Board and stated that he is not in dis- agreement with the rate increase, but is concerned that the Board identify the problems and inform the public of decisions made by the Board concerning the matter of sewer rates and treatment in Fayetteville. Mayor Noland reit- erated that the minimal amount of money needed by the City to implement any plan for wastewater treatment would be $22 million. He added that the City currently has $15 million and would need to borrow an additional $7 million from another source. He added that the rate increase is proposed to lower the City's current deficit. 422.7 Mayor Noland, seconded by Director Osborne, made a motion to table the reading of the ordinance to increase the sewer rates, until the Board Meeting of March 15th, to afford the Board an opportunity to discuss the alternative plans for wastewater treatment and to await the results of a Bill introduced by Rep. David Malone which would allow the City to earmark proceeds from a 1% City sales tax for sewer bonds. 422.8 Upon roll call, the motion to table passed by a vote of 7-0. 1 1 SEWER REHABILITATION 423 Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute an agreement for engineering services with McGoodwin, Williams & Yates for design, reporting and inspection services in connection with a $260,000 sewer rehabilitation demonstration project, consisting of several mini -systems, and the cost -plus -fixed fee amount not to exceed $81,000, for a total of $341,000. Mayor Noland stated that this amount is a portion of the $2.5 million included in all of the current plans for renovation and rehabilitation, and stated that this is to determine whether it would be cost effective to renovate the remainder of the system. He added that this had come before the Water & Sewer Committee and that Committee had recommended proceeding with these"'engineering services. Carl Yates of McGoodwin, Williams & Yates, addressed the Board and stated that 03 under current EPA regulations, the City must show that it is not or will not be 423.2 CO treating excessive infiltration inflow into the system, before it can obtain funding. 423.1 UDirector Orton made a motion to authorize the execution of this resolution 423.3 CO and agreement. Q In discussion, Director Osborne stated that he was not in agreement with waiving the Professional Selection Policy of the City. Director Bumpass was in 423.4 agreement, adding that the McGoodwin firm, being most familiar with the project, would very likely get the bid, but he felt that competitive bids should be taken from other engineers. Director Lancaster stated that he would wish to follow the recommendation of the Water & Sewer Committee to proceed with this agreement with McGoodwin, Williams & Yates. Director Lancaster then seconded the motion by Director Orton to accept this agreement. II/ Director Sharp reiterated his agreement with the philosophy of this type of engineering project, but he stated that he would like to see some other engineers 423.5 look at the project from a cost standpoint. There being no further discussion, upon roll call, the motion to execute this resolution and agreement failed by a vote of 4-3, with Directors Orton, Noland and Lancaster voting in the minority. Mayor Noland stated that the City Engineer be instructed to advertise for bids in conjunction with the City's Professional Selection Policy. 423.6 COMMENTS BY CARL YATES, MCGOODWIN, WILLIAMS & YATES Mr. Carl Yates asked to address the Board and stated that his firm had prepared the contract being discussed after they had met with the City Engineer and members 423.7 of the Water & Sewer Committee, and he felt the contract had been prepared in good faith. If the Board has problems with the contract per se, he would want the oppor- tunity to clear up whatever question the Board might have. If price on the contract were to be the determining factor, he would wish that to be clarified to him. Mayor Noland stated that the Board, when following the selection procedure, would not normally consider price as the determining factor in awarding the contract. Director Bumpass reiterated his desire that the Professional Selection Policy be pursued, and the Board agreed. SUBDIVISION SEWER/MILLER ADDITION Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk to execute a contract for the provision of City sewer service for the west six lots in the Miller Addition. Mayor Noland stated that under the terms of this contract the City would install, at an estimated cost of $25,200, a six inch sewer line to the subdivision. He added that one-half of this amount will be absorbed temporarily by the City, to be offset by future sewer main tapping fees, for this 423.8 424 particular sewer, while the developer of the lots would pay the balance over ten years, at 10% interest. City Manager Grimes stated that the contract had been prepared in accordance with guidelines set by the Directors at a previous meeting, and he added that if additional property owners wish to tap on this 424.1 line in the future, the City can assess them their proportionate share of the cost of the line. This would insure that the payment of the fair share of costs is inforced. Director Osborne stated that he felt the contract itself should be filed of record, in order to alert future purchasers in the subdivision of the cost of tapping into this line, in addition to the normal $300 tapping fee. Director Bumpass stated that he was not in agreement with this type of contract, but would have preferred the formation of an Improvement District by the owners of the subdivision. 424.2 There being no further discussion, Director Osborne, seconded by Director Johnson, made a motion to authorize the execution of this resolution and contract, with the provision that notice be put into public record of the additional fees involved in the purchase of said lots. Upon roll call, the motion passed by a vote of 6-1, with Director Bumpass 424.3 voting in the minority. RESOLUTION NO. 25-83 APPEARS ON PAGE /26 OF ORDINANCE & RESOLUTION BOOK XV/ SIDEWALK WAIVER/SOUTHGATE IGA 424.4 Mayor Noland stated that Southgate IGA had requested a variance from the literal provisions of the Master Sidewalk Plan, for sidewalks to be located along the Southgate Shopping Center Mr. Charles Agee, President of Consumers IGA Thriftway, Inc., addressed the Board and stated that his understanding of the Street Committee recommendation regarding the requirements is that dedi- cation of 10' of additional right-of-way be required along Highway 16; that a Bill of Assurance be granted for the sidewalk required along Highway 16; and that a sidewalk be required at the Highway 71 side of the property. Mr. Agee stated that there is a sidewalk in existence on Highway 71. Regarding the giving of easements along 15th Street, Mr. Agee felt that it was not the responsibility of Southgate IGA in that they are not the landowners on the property. Mr. Agee continued that his firm has been given a conditional building permit to begin construction and are under severe time constraints in that they must be out of their current facility by April 1, 1983, and they must therefore continue the construction. He added that tenants should not be made to put in the sidewalk which is contrary to the ordinance which states that the landowner will give the easement to put in the sidewalk. He added that it was not his responsibility to give a right-of-way on property owned by someone else. 424.5 City Manager Grimes stated that he had worked with the owner of the pro- perty, Mr. John Askew, previously in conjunction with the installation of the signal at Evelyn Hills, and feels certain he can explain the situation to Mr. Askew and ask if he would consider dedicating 10' of right-of-way and entering into a Bill of Assurance for the sidewalk. Mr. Grimes feels that there will be a considerable amount of foot traffic in that area long term, to and from the shopping center, and Mr. Grimes felt that he could make this point to Mr. Askew. 424.6 Director Osborne, seconded by Director Bumpass, made a motion to table this matter until Mr. Grimes can report to the Board following communication with the property owner, John Askew. City Attorney McCord stated that he felt the City did have a legally defensible position regarding the construction of the sidewalk because the statute authorizes municipalities to require property owners to construct sidewalks. The City does not have a defensible position regarding the requirement of right-of-way dedication, if the property owner is 1 1 not willing to dedicate. He did not think the City could withhold or revoke 425 the Conditional Building Permit of the lessee for the reason that the property owner would not construct a sidewalk or dedicate the right-of-way. 425.1 There being no further discussion, upon roll call, the motion to table this matter passed by a vote of 7-0. 425.2 SIGN APPEAL Mayor Noland stated that Superior Federal Savings & Loan had made a request 425.3 for a variance from the literal provisions of the Sign Ordinance. The proposed sign for this building was to be placed on the roof, but the Petitioner had since changed the plans for the building, and the sign will now be changed from a roof sign to a wall sign, and is now in compliance with the provisions of the Sign 03 Ordinance. No Board action was needed. CO SIDEWALK WAIVER/SUPERIOR FEDERAL SAVINGS & LOAN mMayor Noland stated that Superior Federal Savings & Loan had requested a 425.4 variance from the literal provisions of the Master Sidewalk Plan, for a sidewalk to be located along the south side of Westgate Shopping Center. The Petitioner agreed to construct the sidewalk but requested a delay until the highway construc- tion is completed. Director Osborne, seconded by Director Bumpass, made a motion to grant the Bill of Assurance to the Petitioner to construct a sidewalk at the call of the 425.5 City. Upon roll call, the motion passed by a vote of 7-0. STREET CLOSING/ELBVENTH STREET AND CHURCH AVENUE Mayor Noland introduced an ordinance closing and vacating that portion of Eleventh St. and Church Ave. located in Walker Park. He added that the develop- ment of Walker Park North necessitates the vacating of Eleventh St. and Church Ave. These streets are dedicated rights-of-way inside the 7 acre park tract. City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Director Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unani- mously, and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Director Johnson, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. 425.6 425.7 Upon roll call, the ordinance passed by a vote of 7-0. ORDINANCE NO. 2894 APPEARS ON PAGE" OF ORDINANCE & RESOLUTION BOOK X1/I AIRPORT ACCESS ROADWAY Mayor Noland introduced a resolution authorizing the relocation of an airport access roadway route, and the associated $1,988 increase in engineering fees to 425.8 McClelland Consulting Engineers, Inc., for this project. This would revise the routing of the access road as follows: the airport road is to be routed generally east in accordance with the original plan; thence, at its intersection with McCollum Road it is to proceed generally south with McCollum Road; thence at the south end of McCollum Road it is to proceed generally east along the existing gravel road to its point of termination. 426 There being no further discussion, Director Osborne, seconded by Director Lancaster, made a motion to approve this execution fo this resolution to 426.1 approve the relocation of the access roadway route, and the associated engineering fee. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 30-83 APPEARS ON PAGE ILRC OF ORDINANCE & RESOLUTION BOOK x VI BID AWARDS 426.2 Bid Award #511 - Crawler dozer for the Pollution Control Plant - Purchasing Agent Sturman Mackey recommended that the bid be awarded to ConMark Machinery Company, the low bidder, meeting specifications for the JD 450C at $26,874.86, with trade-in of the City's 1967 JD 350. Mr. Mackey added that the lower bidder, ACES, did not meet specifications as to required horsepower or tractor weight, and therefore he recommends the bid be awarded to the low qualified bidder, ConMark. Director Lancaster, seconded by Director Bumpass, made a motion to award this bid to ConMark Machinery Company. Upon roll call, the motion passed by a vote of 7-0. 426.3 Bid Award #513 - Small pickup for the Pollution Control Plant - Mr. Sturman Mackey had recommended that the bid be awarded to Lewis Ford Sales, the low bidder for the bid amount of $7,403.71. Director Johnson, seconded by Director Osborne, made a motion to award this bid to Lewis Ford Sales. Upon roll call, the motion passed by a vote of 7-0. 426.4 Bid Award #514 - 7 Police Patrol Vehicles - Mr. Sturman Mackey had recommended that the bid be awarded to the low bidder, Nelms Chevrolet, Inc., in the low bid amount of $10,284.33, or $71,990.31, for seven vehicles. Director Osborne, seconded by Director Orton, made a motion to award this bid to Nelms Chevrolet, Inc., for the bid amount of $71,990.31. Upon roll call, the motion passed by a vote of 7-0. 426.5 Bid Award - Renovation of Wilson Park Swimming Pool - Mr. Sturman Mackey recommended that the base bid be awarded to the low bidder, Kan -Ark Industries, Inc., with Alternates Nos. 12 and 15, for a total contract price of $344,031. City Manager Grimes stated that he is requesting a grand total amount of $350,000, in order to offset the unexpected items that occur in projects of this nature. The Pool Committee had agreed that these complete renovations were necessary in order to build a pool of quality and long life (20 years). The pool is expected to be completed by June 1, 1983. The renovation is pro- posed to be paid for from the Parks & Recreation Department's allocation of sales tax revenues, and, to date, the Parks & Recreation Department has accumu- lated about two-thirds of those required funds. The remainder of the funds are to be allocated from the General Fund, and the Parks & Recreation Department will repay that amount when sufficient funds are generated. 426.6 In a related matter, Director Bumpass asked if a study had been made of the user fees at the pool, and he stated that he had the impression that a family membership was currently $5.00 less per year than it was in 1960. Dale Clark, of Parks & Recreation, said that he would prepare a proposal on user fees and would submit it to the Board for their review. 1 1 1 1 Director Osborne, seconded by Director Johnson, made a motion to award this bid, with Alternates 12 and 15, to Kan -Ark Industries, for an amount of $344,031, and to increase the allocation of funds to a grand total amount of $350,000, in line with request by the City Manager. Upon roll call, the motion passed by a vote of 7-0. Mayor Noland expressed the appreciation of the Board to Mr. Dale Clark, and Mr. Don Grimes for their efforts on this 427 427.1 Mrs. Beverly Melton, project. 427.2 RESOLUTION NO. 31-83 APPEARS ON PAGE 141 OF ORDINANCE & RESOLUTION BOOK X VI TAPPING FEES/WATER AND SEWER MAINS Mayor Noland introduced an ordinance raising the fees for tapping water and 427.3 sewer mains. Mayor Noland stated that the schedule of existing and proposed fees is on file in the City Clerk's Office and is also included in the agenda material. These increases would cover the deficits which are being incurred in conjunction with tapping a water main inside or outside of the city, or the tapping of a sewer line for construction purposes City Attorney McCord read the ordinance for the first time. Director Osborne, seconded by Mayor Noland, made a motion to suspend the rules and place the ordi- nance on second reading. Upon roll call, the motion passed unanimously, and the 427.4 City Attorney read the ordinance for the second time. Director Osborne, seconded by Mayor Noland, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. Upon roll call , the ordinance passed by a vote of 7-0. Director Lancaster, seconded by Director Orton, made a motion to invoke the 427.5 Emergency Clause on this ordinance. Upon roll call, the motion passed by a vote of 7-0. ORDINANCE NO. 2895 APPEARS ON PAGE a99 OF ORDINANCE & RESOLUTION BOOK XII( TERMINATION/EXTENSION FEES/WATER AND SEWER MAINS Mayor Noland introduced an ordinance terminating water and sewer main exten- sion fees. City Engineer Don Bunn stated that Black & Veatch had been asked to 427.6 review the City's main extension fee policy as part of their study on sewer rates. They recommended that the City abandon its current main extension fee policy. These recomendations are clarified in the agenda material, and City Engineer Bunn stated that they are unrelated to the rate increase under consideration at this time. City Attorney McCord read the ordinance for the first time. Mayor Noland, seconded by Director Johnson, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Director Orton, made a motion to further suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 7-0. ORDINANCE NO. 2896 APPEARS ON PAGE 303 OF ORDINANCE & RESOLUTION BOOK XIII 427.7 42S PROPERTY CLEAN-UP/BLAIR AVENUE Mayor Noland stated that the ordinance authorizing the City Manager to 428.1 have certain dilapidated and irreparable houses in the 500 block of Blair Avenue demolished at the owner's expense, had been left on third and final reading at the meeting of February 1, 1983. 428.2 Director Osborne, seconded by Director Bumpass, made a motion to suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed by a vote of 7-0. 428.3 There being no further discussion, upon roll call, the ordinance passed by a vote of 7-0. ORDINANCE NO. 2897 APPEARS ON PAGE 3040 OF ORDINANCE & RESOLUTION BOOK X'/I PROPERTY CLEAN-UP/HAPPY HOLLOW ROAD 428.4 Mayor Noland called for further consideration of an ordinance authorizing the City Manager to have the dilapidated and irreparable houses located on the east side of Happy Hollow Road, northeast of the Industrial Park, demolished at the owner's expense. City Attorney McCord stated that he had met with Attorney Murphy, and Mr. Murphy had consulted with his clients, the Kellars, and they have indicated a willingness to sell their property to the City if a negotiated price can be agreed upon. On behalf of his clients, Mr. Murphy has requested the City to obtain a written appraisal by a qualified real estate appraiser to use as a basis for beginning negotiations. 428.5 Director Osborne, seconded by Director Orton, made a motion to auth- orize the appraisal. Upon roll call, the motion passed by a vote of 7-0. 428.6 City Manager Grimes stated that he would contact Mr. Keith Schultz, since he had performed appraisal work relating to this issue. TELEPHONE TAXES 428.7 Mayor Noland introduced an ordinance amending the City's utility franchise fee agreement with Southwestern Bell Telephone Company, by increasing the yearly amount paid to the City from $111,000 to $137,048. City Attorney McCord read the ordinance for the first time. Director 428.8 Osborne, seconded by Director Orton, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the second time. Director Osborne, seconded by Director Bumpass, made a motion to suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. 428.9 Upon roll call, the motion passed by a vote of 7-0. ORDINANCE NO. 2892 APPEARS ON PAGE ik37 OF ORDINANCE & RESOLUTION BOOK XIII 1 SIDEWALK ADDITION Mayor Noland introduced an ordinance amending the Master Sidewalk Plan to reflect a sidewalk along the east and north sides of Appleby Road, from Bishop Drive to Gregg Avenue. City Attorney McCord read the ordinance for the first time. Director Johnson, seconded by Director Bumpass, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed unanimously, and the City Attorney; read the ordinance for the second time. Director Osborne, seconded by Director Bumpass, made a motion to suspend the rules and place the ordinance on third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. a) Upon roll call, the motion passed by a vote of 7-0. 429 429.1 429.2 CO ORDINANCE NO. 2893 APPEARS ON PAGE 293 OF ORDINANCE & RESOLUTION BOOK XUU( U RAILROAD SIGNALS CO Q Mayor Noland introduced a resolution authorizing the expenditure of $14,320 of 1983 Public Works Funds for the City's share in the cost of installing railroad 429.3 crossing signals at Poplar and Sycamore Streets, near Gregg Avenue. City Manager Grimes stated that the Arkansas State Highway Commission is requesting matching funds for these two railroad signal installations. This would be $6,000 for Poplar St. and $8,320 for Sycamore St., and represents 10 percent of each total signal installation cost. Director Bumpass, seconded by Director Johnson, made a motion to approve the execution of this resolution. 1 Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 26-83 APPEARS ON PAGE 130 OF ORDINANCE & RESOLUTION BOOK )(VI STREET LIGHTING Mayor Noland introduced a resolution authorizing the advertisement for bids for the installation of high-intensity streetlighting for Maple Street, from Arkansas Avenue to Garland. Mayor Noland stated that this area had been reviewed on the Board tour, and the main reason for changing these lights is to increase the lighting intensity on this high pedestrian area. Director Osborne, seconded by Director Bumapss, made a motion to authorize the execution of this resolution authorizing the advertisement for bids. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 27-83 APPEARS ON PAGE 14 ( OF ORDINANCE & RESOLUTION BOOK XVI UTILITY RELOCATION Mayor Noland introduced a resolution authorizing the Mayor and the City Clerk 429.7 to execute an amendment to a contract for architectural services with Hailey-Powers- Froning, for design and construction management in connection with the relocation of utility lines behind and beside City Hall. Assistant City Manager McWethy said that the amount for professional fee for architectural services is not to exceed $2,500, which is about 8% of construction costs. Director Bumpass, seconded by Mayor Noland, made a motion to authorize the execution of this resolution and contract amendment. 429.4 429.5 429.6 429.8 430 There being no further discussion, upon roll call, the motion passed 430.1 by a vote of 7-0. RESOLUTION NO. 28-83 APPEARS ON PAGE !4Z OF ORDINANCE & RESOLUTION BOOK Y V ) CHANGE ORDER/RENOVATION OF CITY HALL Mayor Noland introduced a resolution authorizing a $11,941 change order 430.2 in the remodeling of City Hall to replace wood lintels with steel, as required by the Southern Standard Building Code. 430.3 Director Lancaster, seconded by Director Sharp, made a motion to approve the execution of this resolution and change order. Upon roll call, the motion passed by a vote of 7-0. RESOLUTION NO. 29-83 APPEARS ON PAGE f41Z OF ORDINANCE & RESOLUTION BOOK )(VI INDUSTRIAL PARK SEWER 430.4 Mayor Noland called for authorization to advertise for bids for the construction of a sewer line in the Fayetteville Industrial Park to serve the Arkansas Western Gas Company site Mayor Noland stated that the estimated construction costs are $23,800, with $9,900 from the Industrial Foundation (returned from sale of land), and $13,900 as a loan to the Industrial Park Fund from the Sewer Fund. Mayor Noland added that the Sewer Fund should absorb a substantial part of this portion since this line will serve a large area south and west of the Arkansas Western Gas Company site. 430.5 Director Bumpass, seconded by Mayor Noland, made a motion to advertise for bids on this project to construct sewer line in the Industrial Park. Upon roll call, the motion passed by a vote of 7-0. OTHER BUSINESS Meetings Scheduled 430.6 Mr. David Lashley, of the Parks & Recreation Advisory Board, has requested a meeting with the City Board to discuss future plans for parks. The meeting will be held on March 8, 1983, at 4:30-6 00 p.m., in Room 209 of the Continuing Education Center. A Special Meeting of the Board of Directors will be held on March 8, 1983, at 7:30 p.m., in Room 107, Continuing Education Center, to discuss proposals concerning the alternatives for treatment of wastewater. A meeting of the Finance Committee is scheduled for February 17, 1983, at 8:15 a.m., in the Chamber of Commerce Board Room, to discuss the 1983 Budget. Computer Settlement Offer 430.7 City Attorney McCord referred the Board to the settlement offer received from Mr. Sidney P. Davis, Jr., counsel for Henry Thibault and Gale Sullenberger. Mr. Davis had stated in his letter that the parties had offered to tender to the City the entire consulting fee of $7,500, which they had been paid. Mr. McCord reiterated his recommendation that the City accept the settlement offer, for the reasons outlined in Mr. McCord's letter dated February 7, 1983, addressed to the Board. Mayor Noland, seconded by Director Osborne, made a motion to accept the recommendation of the City Attorney that this out-of-court settlement be accepted. 431 In further discussion, Director Orton voiced her opinion that these indivi- duals were responsible for the problems, in part, that the City had encountered with the computer. She felt that the allegations raised against the vendor, Mid - South, could very well be raised against the consultants as well. Director Johnson wondered if the return of the consultants' fee might strengthen the case for the City against the vendors (Mid -South), and Director Osborne stated that he was in agreement with the City Attorney and felt that a suit against the consultants would not be in the best interests of the City. Director Sharp stated that he agreed with Director Orton and also felt that the consultants were primarily at fault in this case, in that the City followed their recommendations as professionals in the field. Director Osborne stated that the attorneys fees could well mount up in a case of this type, but Director Sharp stated that he, for one, would be willing to pay those fees. City Attorney McCord reiterated that it was a policy decision for the Board to make and if the Board would determine to file suit, he would try to prove as much as possible in order to receive the best judgment possible. He added that there are three different causes of action against three different parties, none of which is dependent upon the other as far as feasibility to prevail in a separate lawsuit. Director Orton stated that she felt the consultants should not be excused in that they had recommended a computer which was not suited to the City's purpose, and Mr. McCord stated that he was not suggesting that they should be excused, but merely pointing out in his recommendations why this settlement appears to be in the best interests of the City. Director Sharp stated that he would like an opportunity to review the full report prepared by the City Attorney. made Upon Mayor Noland withdrew his motion. a motion to table this discussion roll call, the motion passed by a 431.2 Director Sharp, seconded by Director Orton, until the meeting of the Board on March 1st. 431.3 vote of 7-0. Proposed Settlement/Landing Strip City Attorney McCord stated that he had outlined, by letter to the Board, a proposed settlement offer, attached to a proposed Consent Decree, in the Landing Strip case. The permitee, Mr. David Higgins, has agreed to this settlement. The City Manager had suggested a change in the Decree (see Page 2), approved by Attorney Carlisle, which provides, "That the Respondent is permanently enjoined from operating a private club on Dickson Street, or within 600 feet of Dickson Street." The City Attorney recommended acceptance of this settlement offer for the reasons he outlined in his letter to the Board. 431.3 Director Bumpass, seconded by Mayor Noland, made a motion to approve the 431.4 recommendations of the City Attorney. In discussion, City Manager Grimes stated that the change referred to was made in order to prohibit the permitee from changing the name of the club and continuing operation at the same location. City Attorney McCord stated that an Order modifying the Order of the Director of the ABC will be issued to provide that the suspension will run from April 2, 1983 to May 2, 1983, and the Injunction becomes effective May 2, 1983, so the effect of the Order and Suspension will be that the club will no longer operate effective April 2, 1983. Upon roll call, the motion to approve the recommendations of the City Attorney passed by a vote of 7-0. Airport/Joint Sealer Study City Attorney McCord stated that he is awaiting a written response from U.S. 431.5 Testing Labs (Tulsa) concerning their report of the cause or causes of the joint separation problem at the Airport. 432 Change Order Approved City Manager Grimes requested approval by the Board of a change order in 432.1 conjunction with the construction of the North Street box culvert. He added that this additional expenditure is necessary in that the site had required more excavation than anticipated. 432.2 Director Bumpass, seconded by Director Johnson, made a motion to approve the expenditure of the City's share in the amount of the Change Order, amounting to $2,775, of the $11,100 total. Upon roll call, the motion passed by a vote of 7-0. Parking Matters 432.3 Director Osborne asked that the members of the Board submit any proposals they have have concerning parking matters to the City Manager, to be disseminated to the Finance Department, for consideration at a future Finance Committee meeting. Street Light/2272 Mockingbird 432.4 Director Osborne stated that some residents in the area of 2272 Mockingbird had requested a streetlight, and the residents adjacent to the area are agree- able to the installation of this light. There being no further discussion, Director Osborne, seconded by Director Orton, made a motion to grant this request for the installation of a streetlight at 2272 Mockingbird. Upon roll call , the motion passed by a vote of 7-0. League of Women Voters Campaign 432.5 Director Orton stated to the Board that the League of Women Voters, in conjunction with the Beaver Water District, is launching a campaign to educate the public of the benefits of use of low phosphorus products. In this regard, the League is soliciting contributions from various segments of the community to sponsor this project. She distributed the draft of a pamphlet intended to be produced and distributed throughout Washington, Benton, Madison and Carroll Counties. Director Orton stated that the Beaver Lake Advisory Committee is pursuing the banning of the use of ph phorus and feels that this campa'gn will benefit that purpose. Director Orton stated that the League is asking for a contribution of $500 from the City of Fayetteville and this would entitle the City to acknowledgement as co-sponsors of the campaign. 432.6 Director Lancaster, seconded by Director Osborne, made a motion to approve this contribution. Upon roll call, the motion passed by a vote of 7-0. Annual Report to the People/Responses 432.7 Director Orton stated that her review of responses received in the Annual Report to the People indicated a great deal of concern about the area of animal control. Director Orton asked that a written explanation be prepared concerning the procedure to be followed when a dog is running at large, when someone is bitten by an animal, what can be done about chronic offenders, and what a victim can do when an animal bite is a serious injury. She asked for an explana- tion of what evidence is necessary to present to Municipal Court when these problems occur. City Attorney McCord stated that he would ask the City Prosecutor to prepare this information. 1 1 co co N U m Q Northwest Arkansas Regional Planning Commission Director Lancaster, a member of the Northwest Arkansas Regional Planning Commission, stated that he was informed that the City is eligible to hold another position on that Commission. City Manager Grimes would contact the Commission and inform Director Johnson if a meeting of the Nominating Committee is necessary to appoint an additional member to that Commission. Future Board Tours The Board Tour is being rescheduled for the mornings of the day of Board Meetings, beginning on Tuesday, March 1st. These tours will begin at 9:00 a.m. MINUTES Changes to minutes of Board Meeting of February 1, 1983: 400.3 - "The architects plans on file with the City reflect 244 spaces for the Hilton, and Director Sharp accurately reflected the square footage of the CEC, as certified by the Project Engineer, for a total requirement of 310 spaces" should be changed to read, "The architects plans on file with the City reflect 244 rooms for the Hilton, and Director Sharp accurately reflected the square footage of the CEC, which under the Zoning Ordinance would require 66 spaces, for a total requirement of 310 spaces." 402.3 - "The issue of the validity of the assessment is pending court action." should be changed to read "The issue of the validity of the assessment is pending in a court action." 402.6 - "but City Attorney McCord stated that a vote could" should read "but City Attorney McCord stated that a vote should". 433 433.1 433.2 433.3 433.4 433.5 ADJOURNMENT There being no further business, the meeting adjourned at 12:40 a.m. 433.6