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Home My WebLink About1999-01-19 - Agendas - Final FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL MEETING JANUARY 19, 1999 A meeting of the Fayetteville City Council will be held on January 19, 1999 at 6:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville, Arkansas. The following items will be considered: I. CONSENT APPROVAL OF MINUTES: Approval of minutes from January 5, 1999 meeting. A. WATER & SEWER STUDY: A resolution awarding a contract to Black and Veatch Consulting Engineering for the purpose of conducting a water and sewer study. B. STATE OF ARKANSAS CONTRACT: A resolution accepting the State of Arkansas Contract award ST-99-0157, item # 9, 1999 Ford Crown Victoria police pursuit sedan including option "10" and modifications to " ee" for fourteen units. C. DRUG LAW ENFORCEMENT PROGRAM: A resolution renewing the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant for the Drug Law Enforcement Program. 11. OLD BUSINESS 111. NEW BUSINESS A. HWY 16 WIDENING: A resolution awarding a bid to Mobley Construction, Inc. for $2,880,042 .40 in connection with the widening of Highway 16 West. Also approval of the necessary budget adjustment. B. RIGHT-OF-WAY ENCROACHMENT: A resolution allowing Tom Terminella to construct a metal canopy 18 inches over the right-of-way at 24 E. Meadow Street (there will be no ground supports to the canopy). C. TRAILS COMMITTEE REPORT: A report from the Trails Committee . D. STREET NAME CHANGE: An ordinance changing the name of Errol Street to Farr Street. Only items presented by the City Council or City Staff may be discussed during the meeting. If you have an item you wish to discuss, please contact your have it presented at the next City Council Agenda Session. For further assistance, alderman to please contact Heather Woodruff, City Clerk, at 575-8323. 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-8257 FAITFAITA TTLA N/'I LLE • THE CITY OF FAYMEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLF. CITY COUNCIL MEETING JANUARY 19, 1999 A meeting of the Fayetteville City Council will be held on January 19, 1999 at 6 : 30 p.m . in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville, Arkansas. The following items will be considered : 1 . CONSENT APPROVAL OF MINUTES: Approval of minutes from January 5, 1999 meeting. A. WATER & SEWER STUDY: A resolution awarding a contract to Black and Veatch Consulting Engineering for the purpose of conducting a water and sewer study. B. 'STATE OF ARKANSAS CONTRACT: A resolution accepting the State of Arkansas Contract award ST-99-0157, item 9 9, 1999 Ford Crown Victoria police pursuit sedan including option " 10" and modifications to " ee" for fourteen units. • C. DRUG LAW ENFORCEMENT PROGRAM: A resolution renewing the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant for the Drug Law Enforcement Program . II. OLD I3USINESS 111 . NEW BUSINESS A. HWY 16 WIDENING: A resolution awarding a bid to Mobley Construction, Inc. for $2 ,880,042 .40 in connection with the widening of Highway 16 West. Also approval of the necessary budget adjustment . B. RIGHT-OF-WAY ENCROACIIMENT: A resolution allowing tom Terminella to construct a metal canopy 18 inches over the right-of-way at 24 E. Meadow Street (there will be no ground supports to the canopy) . C . TRAILS COMMITTEE REPORT: A report from the Trails Committee . 1). STREET NAME CHANGE: An ordinance changing the name of Raven Street to Farr Street , //o llg/co Only items presented by the City Council or City Staff may be discussed during the meeting. If you have an item you wish to discuss, please contact ),oil ,- have it presellted it ( lie next City • Council Agenda Session. For further assistance, alderman to plense Coll tile I Itell tile r Woodruff, City Clerk, at 575-8323. 110 WEST MOUNTAIN 72701 501 -521 .7700 FAX 501 -575.8257 CITY CLERK 'S FILE COPY FINAL AGENDA • JANUARY 19, 1999 ATTACHED HERE: CONSENT AGENDA : MINUTES : AGENDA SESSION : CONSENT AGENDA STATE OF ARKANSAS CONTRACT: Additional information. Number this I. B . 1 NEW BUSINESS HWY 16 WIDENING : New item. Number this III .A. 1 .8 • TRAIL COMMITTEE REPORT New item. Number this III . B. I -42 STREET NAME CHANGE New Item . No information given . FAYETTEVI LLE THE CITY OF FAYETTEMLLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL MEETING .JANUARY 19, 1999 A meeting of the Fayetteville City Council will be held on January 19, 1999 at 6: 30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville, Arkansas. The following items will be considered : 1. CONSENT APPROVAL OF MINUTES: Approval of minutes from January 5, 1999 meeting. A. WATER & SEWER STUDY: A resolution awarding a contract to Black and Veatch 5 / Consulting Engineering for the purpose of conducting a water and sewer study. B. / STATE OF ARKANSAS CONTRACT: A resolution accepting the State of Arkansas Contract award ST-99-0157, item # 9, 1999 Ford Crown Victoria police pursuit sedan including option "10" and modifications to " ee" for fourteen units. C. ✓ DRUG LAW ENFORCEMENT PROGRAM: A resolution renewing the Edward —9� Byrne Memorial State and Local Law Enforcement Assistance Formula Grant for the Drug Law Enforcement Program. 11. OLD BUSINESS III. NEW BUSINESS HWY 16 WIDENING: A resolution awarding a bid to Mobley Construction, Inc. for �— $2, 880,042 .40 in connection with the widening of Highway 16 West. Also approval of the necessary budget adjustment. B. RIGHT-OF-WAY ENCROACHMENT: A resolution allowing Tom Terminella to onstruct a metal canopy 18 inches over the right-of-way at 24 E. Meadow Street (there V ill be no ground supports to the canopy) . Cho TRAILS COMMITTEE REPORT: A report from the Trails Committee . ;P'D STREET NAME CHANGE: An ordinance changing the name of Errol Street to Farr Street. my items presented by the City Council or City Staff may be discussed during the meeting. If you have an item you wish to discuss, please contact your have it presented at the nest City Council Agenda SCssimt. For further assistance, alderman to please contact Ileather Woodruff, City Clerk, at 575-8323. 113 WEST MOUNTAIN 72701 501 -521 -7700 FAX 501 -575-5257 _I 1 I � w w 1q,Al IqTTN ✓ ✓ DAVIS IRTIMBO DANIET qANTQS RI ISSEL 1 , HEYNOIns MAYOR HANNA ALISTIN DAVIS DANIFT RUSSELL MAYOR HANNA DAVIS TRUMBO DANIFT SANTOS YOI NGT HIISSELT REYNOT US MAYOR HANNA 8-o --o . w V � f AINTIM DAVIS TRIIMRO DANIEf SANTOS RFYNnl Dg MAY(-)R HANNA /LS 2 22 3m )9 5 AINTIN DAVIS IRljmRn DANIET RUSSET I REYNOT DR s AUSTTN DAVIS DANIFT SANTns RPYNOT DR MAYOR HANNA ✓ ✓ r r i A MEETING OF THE FAYETTEVILLE CITY COUNCIL January 5, 1999 A meeting of the Fayetteville City Council was held on January 5, 1999, at 6:30 p.m. in the City Administration Building, 113 W. Mountain Street, Room 219, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna, Alderman Robert Reynolds, Alderman Ron Austin, Alderman Bob Davis, Alderman Trent Trumbo, Alderman Heather Daniels, Aldennan Kevin Santos, Alderman Cyrus Young, Alderman Kyle Russell, City Attorneys Jerry Rose and LaGayle McCarty, City Clerk/Treasurer Heather Woodruff, Staff, Press, and Audience. ABSENT: OATHS OF OFFICE Municipal Judge Rudy Moore swore in Aldermen, City Clerk, and City Attorney. NOMINATING REPORT Alderman Daniel moved to appoint Loren Shackelford to the Planning Commission, Clarence Fry to the Housing Authority, Shelby Osburn to the Juvenile Concerns Committee, and Stephen Alexander to the Parks and Recreation Advisory Board. Alderman Trumbo seconded the motion. Upon roll call the motion carried unanimously. CONSENT AGENDA Mayor Hanna introduced the following items on the consent agenda APPROVAL OF MINUTES: Approval of the minutes from the December 15, 1998 meeting. CONSTRUCTION MATERIALS: A resolution approving bid awards for construction materials utilized in the Street Fund, In-House Pavement Improvements, In-House Sidewalk Improvements, and other divisions. BID 98-95: A resolution awarding Bid 98-95 to Check Point Systems for the Library Book Detection System. Alderman Trumbo moved to approve the consent agenda. Alderman Daniel seconded the motion. Upon roll call the motion carried unanimously. Page 1 January 5, 1999 Resolution 1-99 as recorded in the City Clerk 's Office. OLD BUSINESS SEWER CAPACITY REPORT: A report from staff and Murray Fleming on the City's current sewer capacity. Mr. Charles Venable, Public Works Director, introduced Don Bunn, Assistant Public Works Director. Mr. Bunn explained the existing sewer treatment plant went into service in 1986. The plant had been designed to remove phosphorus and nitrogen. The plant had been designed to flow 11 .4 million gallons a day. He discussed the maximum limits the plant had been designed to service. He also explained the affects these would have on the streams and reservoirs. Mr. Bunn explained the city discharged in two locations. One was located upstream from Beaver Lake on the White River. The other was located north of Highway 45 which was located on a tributary of Mud Creek which would discharge into the Illinois River which ran into Lake Tenkiller. He explained the rules and regulations the plant had to operate under. He presented the plants past performance. He noted the plants average flow had not been under 10 million gallons per day. In 1993 , the average day had increased to 12.3 million gallons per day. Since that time it had dropped and leveled out. The reason the plant had leveled out was due to the sewer rehabilitation program, in spite of the ground and sewer connections. The sewer rehabilitation had matched the additional flows the plant would have seen from the additional connections. They had reduced the infiltration by the same amount that they were adding new customers. Alderman Trumbo questioned when that net affect would not be achieved anymore. Mr. Bunn replied the staff believed they were reaching that point now. The additional sewer rehabilitation would not be as effective. They had completed the parts of the system which would give them the greatest return. He reiterated that they would not see as great of a benefit in the future. He continued the city had projected they would reach the 12.5 million gal per day plant capacity in 2003 . This projection was based on the number of sewer connection the city had in the past five to six years. The estimate was also based on the increase of water purchase from the Beaver Creek plant over the past five to six years during the winter months. The remaining capacity of the existing plant was approximately one million gallons per day. They had projected this would take the city to the year 2003 . According to the projects there was approximately four years before the plant would be over capacity. He noted the permitted plant Page 2 January 5, 1999 capacity was 12.4 million gallons. The plant had been designed to process 11 .4 million gallons. He noted as they approached the plant capacity the cost of treating the sewage would go up, particularly with phosphorus, if they had to start removing it with chemicals. The plant had been designed to remove phosphorus with chemicals. Up to now they had only had to use chemicals on rare occasions. Alderman Trumbo asked if there had been a city wide education program with could help reduce the use of phosphorus detergents. Mr. Bunn stated they had discussed it in the past, however, there had never been a serious proposal. Mr. Santos asked if there was technology to get more suspended solids out. Mr. Bunn replied not other than what the city currently had. Alderman Daniel asked if they could trace the source of most of the phosphorus. Mr. Bunn stated there was not a single source. It was from all the households Mr. Bunn noted as the plant approached capacity there would be an increased chance of violations. If there were a series of violations then the EPA would be forced to act. Mr. Reynolds asked if the city had paid any fines for violation in 1998. Mr. Bunn stated they had not. The plant had violations occur in only four separate months since 1990. One of the months had multiple violations which had been caused by a discharge of metals from a metal plating company. All of the violations had been in different years. Alderman Daniel asked how the city had dealt with the metal plating plant. Mayor Hanna replied they had been fined by the State and the City. They were not out of business. Mr. Bunn continued they had made assumption in the estimates. They had placed into reserves half of the amount, 500,000 gallons for industry or safety factor. All calculations were based on 500,000 gal per day availability rather than one million gallons per day. He added they also based their estimates on the estimated number of sewer connections they expected to make and the associated flows from those connections. Looking at the number of permits issued, they were estimated single family and duplexes at 396 units per year. Multi-family 158 units per year. Commercial development was 538,000 square feet per year. Page 3 January 5, 1999 He continued they had taken into account all the available lots and the apartment units had been approved. They had taken these into account before they could add any more. They had calculated 1 .32 years in capacity left, which was close to the their other method of calculation which had been 1 .5 to 2 years. They were estimating the very earliest the city could have a new plant constructed and in service was 2004, which was the very best scenario. Alderman Reynolds questioned the size plant that Fayetteville would need to last them twenty years. Mr. Bunn replied they had planned to the year 2020, which would require approximately 25 million gallons per day, which would be a total of both plants. The city had been very successful in the elimination of sewer overflows. They had been able to reduce flow to the plant to the same amount as they had added new connections over the years. The city had spent over 20 million dollars on sewer rehabilitation, and had allocated 2 million dollars a year to continue the program. However, he thought they would see less return over the next several years. He discussed other permitting requirements. He added if the city's permit was not reissued then they would be out of compliance that day and the entire report would be moot. The staff had three recommendations: 1 . To continue with the approval of new subdivisions and large scale developments for a period of one year. During that time the number of building permits and new lots would be monitored. They would also monitor the surrounding communities which use Fayetteville's plant. 2. The staff would review the capacity status toward the end of the year to see if they would be able to extend their time estimate. 3 . Prepare and submit a permit application based on the facility plan and the stream modeling results. Alderman Russell asked if the report had been based on the assumption the city would be granted their 12.4 million gallons per day permit and that they would not be restricted to 11 .4 million gallons. Mr. Bunn replied it was his belief the permit would not be reduced, unless the city was not trying to move forward with a new plant. Page 4 January 5, 1999 In response to comments from Alderman Trumbo, Mayor Hanna thought an education program would be good. He noted the city had education programs for solid waste and recycling. He thought the Environmental Concerns Committee should discuss it and have a program made for the government channel. Alderman Russell asked Mr. Fleming if it was his opinion that the city could continue with the approval of new subdivisions and large scale developments for a period of one year and not risk exceeding the permit limits. Mr. Fleming replied they could, based on these assumptions. The council and Mayor Hanna thanked the staff for the report and the recommendations. RZ 98-20:00 Mayor Hanna introduced an ordinance approving a rezoning request submitted by Sharman Sturchio and Rick King for property located at 716 West Sycamore Street. The request is to rezone the property from I- 1 , Heavy Commercial, Light Industrial, to C-2, Thoroughfare Commercial. This request was denied by the Planning Commission and appealed to the City Council 12/1 /98. The ordinance was left on the second reading at the December 15, 1998 meeting. Alderman Daniel moved to suspend the rules and go to the third and final reading. Alderman Young seconded the motion. Upon roll call the motion carried by a vote of 7-0-1, Reynolds abstaining. Ms. McCarty read the ordinance. In response to questions from Alderman Trumbo, Ms. Alett Little, City Planner, explained under I- 1 the applicant was permitted to have a private club. A regular bar would require C-2 zoning. A C-2 zoning was also required for the applicant to apply for a conditional use for dancing on premises. In response to questions from Alderman Daniel, Ms. Little explained if a conditional use was denied by the Planning Commission the applicant would have to appeal to the Circuit Court. Alderman Daniel noted this was a down zoning request, which they did not see very often. She added this might help the area. She had received several letters opposing this, however, she did not have a problem with this request. Alderman Davis noted with C-2 zoning, people could be there until one or two in the morning. Page 5 January 5, 1999 Alderman Russell added some of the objections he had heard had been in requirements to the late hours of the club. He noted the rezoning would not affect the hours of operations of the club. Alderman Daniel did not believe dancing or the rezoning would contribute to the noise. Alderman Young asked if the applicant were to apply for a conditional use if the Planning Commission would have the ability to restrict hours. Ms. Little replied the Planning Commission would have the ability to assign hours of operation, if they granted the conditional use. She added bars were required to close at 1 :00 a.m. Private clubs were required to close at 2 :00 a.m. I- 1 zoning would allow the club to stay open longer than the C-2 zoning. Alderman Daniel moved to approve the rezoning. Alderman Santos seconded the motion. Upon roll call the motion carried by a vote of 6-1 -1 , Alderman Davis voting nay, Alderman Reynolds abstaining. Ordinance 4131 as recorded in the City Clerk 's Office. NEW BUSINESS POLICE POLICIES: Mayor Hanna introduced a resolution approving the Fayetteville Police Department Policies, Procedures and Rules as required by Arkansas Code. Mayor Hanna stated he had been asked by the Civil Service Commission to allow them time to look at the manual before the council voted on the resolution. He added there was only one section in the procedures that would affect the Civil Service Commission, which had to do with the condition of the officers. He asked if the delay would hurt the Police Department. Mr. Tim Helder, Police Department, replied the Commission received copies of the manual three to four week ago. They department had requested their input before the council meeting, but they had not received any response from them. Alderman Reynolds asked if the new physical policies would affect all the officers, including the Police Chief. Mr. Helder replied the Physical Policies would affect the people required to wear a uniform. The rest of the staff work inside and are not required to meet the physical requirements. Alderman Reynolds questioned what would happen to the Policemen that did not currently meet Page 6 January 5, 1999 the standard, would they be given time to comply. Mr. Helder replied the officers would have one year to comply with the regulations. He noted the Police Department had four certified fitness trainers who would be working with people. Alderman Trumbo asked if the Civil Service had a problem with the new policies if they could make changes. Mr. Helder replied they could make a recommendation, then they could bring the request before the council again. Alderman Trumbo moved to approve the resolution. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. Resolution 3-99 as recorded in the City Clerk 's Office. ALCOHOLIC BEVERAGES Mayor Hanna introduced an ordinance amending Chapter 111 : Alcoholic Beverages, Section 111 .06, Prohibited Activities/ Warning Notice, of the Code of Fayetteville, to prohibit the sale of beer or light wine at retail full service grocery stores and convenience grocery stores. Ms. McCarty read the ordinance for the first time. Mayor Hanna explained this was mainly a housekeeping item. The city had been going by this ordinance even though it had not been spelled out in the previous changes they had made. There was no public comment. Alderman Trumbo moved to suspend the rules and go to the second reading. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. Ms. McCarty read the ordinance. Alderman Austin moved to suspend the rules and go to the third and final reading. Alderman Reynolds seconded the motion. The motion carried unanimously. Ms. McCarty read the ordinance. Alderman Trumbo noted this was a housekeeping item. Page 7 January 5, 1999 Ms. Carty stated this change would make the code consistent with the previous ordinance. Alderman Russell asked if the city had an ordinance prohibiting the sale of beer in stores. Ms. Carty explained the city did not. They had rewritten the Alcoholic Control section this ordinance had been omitted accidentally. Wine was covered by the State Law, but beer was not. This ordinance had previously been in the code, however, it had been accidentally omitted in the revisions. Alderman Russell stated he had been surprised when he found out it was not allowed. He noted the State Law required people handling the beer to be over twenty-one. He added if people wanted to sell beer they should be allowed to, if they could get the permit. Alderman Daniel thought the ABC was antiquated. She added if someone was willing to challenge it she would not be opposed to it. Mayor Hanna stated if they read the minutes from 1986 the intention of the City Board had been not to allow the sale of beer or wine in convenience stores or grocery stores. When the code had been rewritten it had been inadvertently left out. He felt the original intention was still in affect. Alderman Trumbo stated he would prefer not to see alcohol in the grocery store. Alderman Santos thought the restriction on not allowing the sale of beer was a restriction of free enterprise, but this was a housekeeping item. He noted Fayetteville was a college town. He stated he would be voting for the ordinance, but he thought he would support a change if someone brought it forward. Alderman Russell stated if any one was interested in having the law changed he would support them. Mayor Hanna stated the city had just supported First Nite which was a New Years celebration to encourage people not to drink. He did not believe voting to support the sale of beer in grocery stores was consistent with the what they had encouraged with First Nite. He added this was a college town which people entrusted their children to. Alderman Young stated he would be voting for the ordinance because they had always done it that way. He added he personally would not like the city council to make the change. If there was going to be a change it should be a vote of the people. He added he felt this attitude toward alcohol encouraged binge drinking. Alderman Reynolds stated if they were to allow the sale of beer in the stores to people under the Page 8 January 5, 1999 age of twenty-one would have to be replaced, which would put a lot of people out of work. Alderman Daniel questioned the ABC rules and questioned why a younger person could not stock beer. Mayor Hanna noted all the other colleges in Arkansas with the exception of Little Rock which was in a wet county. All the other colleges in Arkansas were in dry counties. Mayor Hanna called for the vote. Upon roll call the motion carried unanimously. Ordinance 4132 as recorded in the City Clerk 's Office. RZ 98-21 :00 Mayor Hanna introduced an ordinance approving a request for property located at 3061 Valerie Drive. The property is zoned A- 1 , Agricultural and contains approximately 2.83 acres. The request is to change the zoning to R- 1 , Low Density Residential. Ms. McCarty read the ordinance for the first time. Alderman Daniel stated she had not heard of any objections about this rezoning request. She noted the request had been approved by the Planning Commission. There was no public comment. Alderman Trumbo moved to suspend the rules and move to the second reading. Alderman Daniel seconded the motion. Upon roll call the motion carried unanimously. Ms. McCarty read the ordinance for the second time. Alderman Daniel moved to suspend the rules and go to the third and final reading. Alderman Russell seconded the motion. Upon roll call the motion carried unanimously. Ms. McCarty read the ordinance for the third and final time. Mayor Hanna called for the vote. Upon roll call the motion carried unanimously. Ordinance 4133 as recorded in the City Clerk 's Office. Page 9 January 5, 1999 RULES OF ORDER Mayor Hanna introduced a resolution amending the rules of order and procedure for the Fayetteville Mayor/City Council Section H., Citizens Committees, Subsection l .d., Selections of Members. He explained Alderman Young had brought the resolution forward to clarify the length of time people could serve on committees. Alderman Young explained this would define what a full term was relative to someone who was appointed to fill out a full term. There was no public comment. Alderman Young moved to approve the resolution. Alderman Russell seconded the motion. Upon roll call the motion carried unanimously. Resolution 4-99 as recorded in the City Clerk 's Office. RIGHT OF WAY ENCROACHMENT Mayor Hanna stated the last item on the agenda had been removed from the agenda and would be heard at a future meeting. The meeting was adjourned at 8 :45 p.m. Page 10 MINUTES OF A MEETING OF THE FAYETTEVH,LE CITY COUNCIL A regular meeting of the Fayetteville City Council was held at 6 :30 p.m. on January 5, 1999, in Room 219 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEM CONSIDERED ACTION TAKEN Approval of Minutes Approved Construction Materials Approved Res. 1 -99 Bid 98-95 Approved Res. 2-99 Sewer Capacity Report No action RZ 98-20:00 Approved Ord. 4131 Police Policies Approved Res. 3-99 Alcoholic Beverages Approved Ord. 4132 RZ 98-21 :00 Approved Ord. 4133 Rules of Order Approved Res. 4-99 Right-of-way Encroachment Withdrawn OATHS OF OFFICE TAKEN BY: ALDERMEN: CITY ATTORNEY Robert Reynolds, Jerry Rose Ron Austin Bob Davis CITY CLERK Trent Trumbo Heather Woodruff Heather Daniel Kevin Santos Cyrus Young Kyle Russell PRESENT: ABSENT Mayor Hanna Jerry Rose, City Attorney Aldermen as listed above LaGayle McCarty, Assistant City Attorney Heather Woodruff, City Clerk Kevin Crosson, Admin. Director Charles Venable, Public Works Director Don Bunn, Assistant, Public Works Director Alett Little, Planning Director MEETING ADJOURNED: 8 :45 p.m. 1Vatcr & Sewer Study K STAFF REVIEW FORM xxxvv AGENDA REQUEST DEC 2 IAMB CONTRACT REVIEW • _ GRANT REVIEW FINAMM 01% For the Fayetteville City Council meeting of JAfluary 19 , 1999 FROM : Brian Swain Adm . Services Dir . Adm . Services Name Division Department: ACTION REQUIRED : WATER & SEWER OPERATIONS STUDY : Approval of a resolution awarding a contract to Black & Veatch Consulting Engineers for the purpose of conducting a water and sewer operations study . COST TO CITY : C20 . G5S_ NTP S 100 , 000 wls nn� rar ions /ga Sri1riy Coat of this Request Category/ Project Budget Category/ Project Name 5400 - 1820 - 5314 . 00 S 0 Meter Opprations Account Number Funds Used To Date Program Name 96088 — / $ 100 , 000 Water & Sewer Project Number Remaining Balance Fund BUD/GET REVIEW : xxxx Budgeted Item Budget Adjustment Attached 3�. &u -t a12 Budqet C ord dinat'or Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : • Acco Cin ger Date ADA Coordinato Date / / z - Z3 - 7Y aJa /2 City Attotheyu Date I rnal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommends approval of the contract . . ..�. P ._= 2- 22 - el Division Head Date Cross ReferpncP New Item : Yes No t r r t rector Date Prev Ord/ Res it : dmi sr 'ati eSe. 'r vices Director DrIte Orig Contract Date : ma or Date • .� � uu 1 1 1 ) ._. _ _ BVI IF ILLE THE CITY OF FAYETTEVILLE, ARKANSAS , TO: The Fayetteville City Council 'I'13RU : Fred 13 , Hanna , Mayor Kevin D . Crosson , Administrative Services Director �(�( FROM : Brian Swain , Asst , to the Adm . Services Director $ � 5""" """ DATE: December 23 , 1998 RE: Award of Contract - Water & Sewer Operations Study On December 8 , 1998 , the City of Fayetteville convened a professional selection committee for the purpose of reviewing a Request for Proposals (RFP) for consulting services regarding a water and sewer operations study . The committee was composed of seven voting members : Don Bunn . . . . . . . . . . I . . . I . . . . . . . . . . . . . . . I . . . . Asst. Public Works Director Kevin Crosson . I . . . . . . . . . . . . . . . . I . I . . . I . . . . . Administrative Services Director David Jurgens Water & Sewer Maintenance Superintendent Jim Smith . . I . . . . I . . . . . . . . . I . . . . . . . . . . Water & Sewer Services Superintendent Brian Swain Asst. to the Adm . Services Director Charles Venable . . . . . . I . . . I . . . I . I . . . . . . . . . . . . . . I . I . Public Works Director Cyrus Young . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Council Member In addition , Peggy Vice , Purchasing Manager, served on the committee as non-voting advisory member. The City must complete a report of this nature every three years because of covenants contained in outstanding water and sewer revenue bonds . Essentially , the report attempts to confirm , for the benefit of water and sewer bondholders , that nothing is occurring in the City 's water and sewer operation that would jeopardize the revenue stream pledged to provide for repayment of the bonds . The next operations report must be completed by September 1 , 1999 . The report also serves the purpose of having the contracted firm provide a cursory review of water and sewer management operations and water and sewer rates . 113 WEST MOUNTAIN 72701 501 .521 .7700 FAX 501 .575-8257 Water & Sewer Study [.A.3 The professional selection committee reviewed and approved the RFP . The RPP was advertised . in the Northwest Arkansas Times and was direct mailed to numerous firms in the state and across the country that have been known to conduct studies of this type . Three proposals were received from the following fines : • Black & Veatch Consulting Engineers ( Kansas City , MO) • DMG Maximus (Dallas , TX) • HDR Engineering , Inc . (Austin , Tx ) Alter reviewing the proposals the professional selection committee voted to select Black & Veatch as the lien with which to negotiate. Black & Veatch has conducted numerous studies of this type for the City during the past 20 years . They have an international reputation as being a quality firm . Black & Veatch was contacted and informed of the committee ' s selection . The process for negotiating a contract that conformed with the RFP was initiated . Based on those negotiations , the attached contract is submitted for consideration by the City Council . The proposed contract conforms to the elements of the City ' s RFP and is for a not-to-exceed figure of $25 , 965 , plus an additional not-to-exceed figure of $3 ,700 if a presentation is made to the City Council regarding the results of the study . Often times , following completion of this study , a formal presentation is not made to the City Council regarding the outcome . Rather , copies are simply distributed to the City Council , staff, and to the City 's trustee , which makes the information available to • bondholders . However , with the fact that the 1999 City Council has so many new members , it might be beneficial to have the consultant provide a presentation on the results of the study for informational and educational purposes . A decision can be made on this matter at a later date . "rhe City has a 1999 project budget of $ 100 ,000 to cover the cost of water and sewer operations and rate studies . The not-to-exceed total cost of the operations study is $29 , 665 , leaving a balance of $70, 335 for a water and sewer rate study , which is likely to commence in late 1999 . The rate study involves a detailed financial analysis of the City 's cost of providing water and sewer service and recommendations on rate adjustments by customer classification . If you have any further questions regarding this contract , please feel free to contact me . Thank you for your consideration . Water & Sewer Study LA.4 AGREEMENT FOR CONSULTING SERVICES 1 . The City of Fayetteville , Arkansas 7. This Agreement may be terminated upon (Client) and Black & Veatch Corporation written notice at Client's convenience or by (Consultant) have executed this Agreement. either party in the event of substantial failure by the other party to perform in 2 . Consultant shall perform the Services accordance with the terms of this Agreement. described in AttachmentA, Scope of Services . In the event of termination, Client shall pay Consultant for all Services performed and 3. Client shall pay Consultant for services termination expenses. The provisions of provided in accordance with the compensation Paragraph 5 shall remain effective following provision set forth in Attachment B , any termination of this Agreement. Compensation. 8. Nothing in this Agreement shall be 4. Consultant shall exercise the same degree construed to give any rights or benefits to of care and diligence in the performance of the anyone other than Client and Consultant. Services as is ordinarily exercised by a professional under similar circumstances. No 9. Except as otherwise provided herein, other warranty, express or implied, is documents prepared by Consultant as part of included in this Agreement or in any the Services shall become the property of specification , report, or opinion produced Client, provided , however, that Consultant pursuant to this Agreement. shall have the unrestricted right to their use . Consultant shall retain its rights in its 5. Consultant shall not be liable to Client standard data bases, computer software, and for any special , indirect, or consequential other proprietary property. Rights to damages resulting in any way from the intellectual property developed, utilized , or . performance of the Services. Consultant's modified in the performance of the Services total liability under this contract shall not shall remain the property of Consultant. exceed Consultant's compensation under Paragraph 3, above. 10. This Agreement shall be governed by the laws in the state of Arkansas. 6. Consultant and Client waive all rights against each other and their respective directors, officers, partners , commissioners , officials, agents , subcontractors , and employees for damages covered by any type of property insurance during and after the completion of the Services. .. IN WITNESS WHEREOF, Client and Consultant have executed this Agreement, the effective date of which shall be BLACK & VEATCH CORPORATION ( Client) ( Consultant) By By Dale Date • Title Title Water & Sewer Study I.A.S AT'rACI1MENT A SCOPE Or SERVICES Task Series 100 - Initial Meeting and Data Collection The initial project component includes preparation of a data request and a meeting with City representatives to identify and discuss key project objectives and major points of interest and concern, collect and discuss data pertinent to the study, and schedule interviews and on-site surveys. Specific tasks anticipated are to : Task 101 Prepare and submit an initial request for financial and operational data needed for the study. A summary description of field observations and operations personnel interviews required for the evaluation of system operations and maintenance will also be provided. Task 102 Meet with City representatives to identify major items of interest and concern and to discuss principal objectives and policies. Task 103 Obtain and review financial and operational data and information. Task 104 Identify personnel to be interviewed and facilities to be observed, and establish schedules for interviews and onsite observational tours. Task Series 200 - Engineering Evaluation The engineering evaluation will include interviews of key water and wastewater utility personnel, observational tours of selected major water and wastewater system facilities, review of operation and maintenance policies and procedures, and review of major capital improvement programs, Black & Veatch recognizes that the wastewater treatment plant and major lift stations are operated under contract, and that treated water is purchased from Beaver Water District. It is anticipated that the City will elicit the cooperation of the contractor and representatives of Beaver Water District for interviews and observational tours. Specific tasks to be performed by Black & Veatch are to: Task 201 Conduct interviews with key water and wastewater utility personnel , regarding policies and procedures utilized to achieve safe, efficient and economical operation. Task 202 Review operation and maintenance record keeping practices, records and VV ater & zw%s er Study I .A.6 techniques to evaluate the impact on facility performance, maintenance, and reliability. Task 203 Review operation and maintenance techniques and policies regarding scheduled maintenance, emergency maintenance, adequacy of stalling and equipment, adequacy of funds, and availability of spare parts and replacement items. Task 204 Conduct onsite observational tours of selected above ground or observable water and wastewater facilities to determine the general condition of structures, improvements and equipment; and the adequacy of maintenance policy and procedures. Concurrent with the observational tours, interviews will be conducted with representatives of the wastewater treatment plant operations contractor, and representatives of Beaver Water District. Task 205 Conduct a cursory review of odor control management in the vicinity of the wastewater treatment plant. This review will include interviews of personnel responsible for odor control, a brief review of odor control improvements implemented in the past three years, and a review of complaints received regarding odors. Task X06 Conduct a cursory review of sanitary sewer rehabilitation improvements to evaluate the impact of improvements made since the previous study on reducing sewer system overflows. This review will include interviews of staff, review of relevant system improvements, and review of reported overflow occurrences. Task 207 Review system water losses to evaluate whether losses are within acceptable industry standards. The City' s water losses will be compared with information in Black & Veatch' s CompetitivEDGE database which contains information from more than 100 municipal water utilities and over 100 investor owned water utilities. Task 208 Review the major capital improvement programs for the water and waste- water utilities to evaluate the adequacy of planned future facilities to meet projected service requirements. Attention will be given to the adequacy of water transmission infrastructure expansion, replacement, and planning to meet anticipated growth in the number of customers, Task Series 300 - Financial Analysis "file objective of this project component is to forecast revenue and revenue needs lix the water and sanitary sewer utilities based upon existing rates and fee schedules. The adequacy of each " '"L ' '.L Jc " Cl Jluu)' LA.7 • utility's forecasted revenues to meet future revenue requirements will be analyzed to determine the level of revenue adjustments and debt financing, if either is required , to meet forecasted revenue requirements on a sound utility financial basis. This study component will include the following subtasks prepared for a five year study period, separately for each utility: Task 301 Forecasts of water and sewer utility accounts and volumes will be made for the study period by considering historical growth trends, climatological patterns, local economic conditions, the potential for nddingAosing major utility customers, and changes in customer class usage patterns over time. The volume projections will be made based on projected number of utility accounts and a usage per account analysis to differentiate the historical effects of account growth and increased (decreased) usage by existing customers. Task 302 Forecasts of water and sewer utility revenues under existing rates for the study period will be developed recognizing projected accounts, volumes, and usage patterns by customer class. Future revenues from miscellaneous sources such as interest eamings, service installation charges, late payment penalties, and service initiation fees will also be estimated. Task 303 Study period revenue requirements for the water and sewer utilities will be • developed based on an analysis of historical, currently budgeted, and projected needs. The revenue requirements will be projected on a yearly basis, taking into account expected operational changes, changes in staffing or operating expenditures for new facilities, system growth by new development, anticipated extraordinary expenses, and allowances for inflation. Revenue requirements will include: a. Operation and maintenance expenses, including purchased water and contract operations of the wastewater treatment plant. b. Outlays for routine annual capital additions and replacements. c. Debt service and reserve requirements on existing and proposed bond issues d. Transfers for major capital improvements financing. c. Other cash requirements. Task 304 Forecasts of revenues and revenue requirements will be summarized into five-year cash now analyses for determination of revenue adequacy on an annual basis. The cash flow analyses will identify annual revisions of water and sewer utility revenues necessary to comply with bond covenant require- ments, good utility practice, or sound utility financing considerations recognizing current City policy and planning. '['he timing and magnitude of any additional debt financing required to fund proposed capital Water & Sexcr Study I.A.8 improvements will also be identified. The cash flow statement will be • designed to show the optimum combination of cash and debt financing whereby the funding of operations and capital improvements is reasonably shared between current and future customers, while placing the utilities in a sound financial position. Task Series 400 - Bond Ordinance Compliance Concurrent with the engineering evaluation and financial analysis, Black & Veatch will evaluate the utilities' compliance with certain provisions of the Bond Ordinance No. 3638 and No. 3829 which places certain conditions and requirements on the water and sewer utilities and which are designed to protect the interest of the bond holders. During this segment of the study, Black & Veatch proposes to: Task 401 Verify that the following required funds have been established and that fund balances and reserves are in compliance with bond covenants: a. Revenue Fund b. Operation and Maintenance Fund c. Bond Fund d. Renewal and Replacement Fund e. Debt Service Reserve Fund • f Construction Fund Task 402 Review insurance coverage of the water and sewer utilities. Task 403 Verify that required debt service coverage tests are being met. Task 404 Review other practices and procedures for compliance with the bond covenants. Items to be reviewed will include, but will not necessarily be limited to, the following: a. Required levels of bond payments are made through the designated Paying Agent on a timely basis. b. Systems are operated on a fiscal year beginning January 1 . c. Systems are maintained in good condition and operated in an efficient manner at reasonable cost. d. No free water service is provided. e. The City has not mortgaged or disposed of any substantial portion of the systems. f. Required budgets have been prepared. g. No action has been taken to cause the interest on the bonds to be subject to federal income taxes. ` 1ater & Sewer Study I.it.9 • h. Improvements authorized by the Bond Ordinances are being or have been constructed. Task Series 500 - Reports and Meetings Black & Veatch considers communication with the client to be essential during all aspects of the study. In addition to the initial meeting specified in Task Series 100 and the onsite interviews and observation tours described in Task Series 200, Black & Veatch proposes to: Task 501 Maintain ongoing dialogue with City representatives concerning study progress and policy issues through written and telephone communications. Task 502 Prepare a draft Report on Operations of the Water & Sewer Systems incor- porating the findings, conclusions, and recommendations of all facets of the study and submit 12 copies of the report for review by City representatives. The report will cover studies under Task Series 100 through Task Series 400. Task 503 Prepare a final Report on Operations of the Water & Sewer Systems incor- porating any revisions agreed upon as a result of the City's review of the draft report, and submit 30 copies of the report to the City. • Task 504 Meet with the City Council, if requested by the City, to present the findings of the operations study. • Water & Sewer Study I .A. 10 ArrACIINIENT B CONI PENSA'r1ON • Services provided by Black & Veatch at the request of City of Fayetteville representatives will be invoiced to the City monthly based upon the following fee schedule and the direct time and expense charges to the project during the preceding accounting period. Hourly Billing Rate Project Manager 130. 00 Engineer 105 .00 Financial Analyst 80. 00 Stenographer 45 .00 Plus direct out-of-pocket expenses' at cost, including but not limited to : travel and Subsistence away from consultant' s office; long distance telephone; computer operating time at established rates; document printing and reproduction at established rates; and other expenses directly chargeable to the project. The maximum not-to-exceed fee for Tasks 101 through 503 of the Scope of Services (Attachment A) will be $25,965 . If requested by the City, Task 504 of the Scope of Services (Attachment A) will be provided for an additional fee not-to-exceed $3 , 700. . • ater & Server Study LA. 11 CITY OF FAYETTEVILLE, ARKANSAS • REQUEsT FOR PROPOSALS REPORT ON OPERATIONS OF TILE WATER & SEWER SYSTEM RFP 98-7 SEPTEMBER , 1998 Background and Summary of Work The City of Fayetteville , Arkansas is seeking the services of a qualified consulting engineering firm to provide an operational report on the City 's water and sewer system . Based on bond covenants contained in City ordinances 3638 and 3829 , the City must complete a report of this nature every three years . The next report is due by September 1 , 1999. The last system operations report was completed August 28 , 1996 by Black & Veatch of Kansas City , Missouri . The city ' s service area encompasses approximately 140 square miles and includes over 26 , 000 active water accounts . Scope of Work - Report off Operations of the Water & Sewer System Tile report should include the results of an engineering evaluation of the adequacy of system components , financial analysis of revenues under existing rates , future revenue requirements (rate adjustments) , and an evaluation of compliance with the provisions of the existing bond ordinances. In addition , the consultant is expected to provide staff with periodic reports on the • progress of the study and meet with City officials to discuss the results of the report. The enaineerino evaluation should QQ11si5l of tile followin; , • On-site surveys of existing above ground or observable water and wastewater facilities , including interviews with operation and maintenance personnel including representatives of Beaver Water District, which is the City 's supplier of water ; • A cursory review of odor management in the vicinity of the City 's wastewater treatment plant which would involve interviewing facility staff and a brief review of improvement processes put into place since the last study; • A cursory review of the impact of sanitary sewer rehabilitation improvements during the past seven years , which would involve interviewing staff and a brief review of improvement made since the last study , and particularly focusing on whether the goal of reducing sewer overflows has been attained ; • A review of whether adequate water transmission infrastructure expansion , replacement , and planning is being performed in relation to the growth in City customers ; • t Nater & Sc%ver ,*jwuy I . A. 12 • A review of system water loss and whether it is within acceptable industry standards ; • A review of operation and maintenance records and techniques to analyze the effect on • facility performance , maintenance and reliability ; and • A review of the major capital improvement projects contained in the City 's Capital Improvements Program (CIP) for the water and sewer systems . The financial analysis section of the r port should in I ui � th f ( lowing • A listing of historical and projected items by account classification : customer accounts , billed usage , and revenues generated . • A listing of revenue requirements (operation and maintenance expenses and capital improvement program expenses) by expenditure category , existing and proposed debt service requirements , and any recommended adjustments detailing implementation dates and effect on revenue generation ; and • A cash flow indicating actual water and sewer fund activity for 1997- 1998 and a projected cash flow statement for a five year period covering 1999-2003 should be prepared to identify any revenue deficiencies , show the timing and magnitude of required revenue increases , and determine the optimum combination of cash and debt financing required to meet total revenue requirements , if debt financing is deemed necessary . The bond ordinance omplialice section of the report should include the following, • An evaluation of the adequacy of projected revenues to meet required coverage tests ; • A verification that all funds (accounts) required by the ordinance have been established and that required reserves are in compliance with requirements ; • A review of system insurance requirements ; • A reasonable verification that no service is being provided without charge ; and • A review of other relevant covenants to ensure compliance with the bond ordinance ( i . e . payment of principal and interest, avoidance of subjection to federal income taxes , etc . ) 2 • ater & Sewer Study I.A. l3 The followingis cxperted in retard to mectingc and d rem: • At the outset of the study period , the consultant should assist the City in identifying major points of interest and concern and assist in the identification and development of options ; • It is expected that the Consultant ' s representative(s) will have an ongoing dialogue with the City 's representativc(s) concerning the progress of the report; • The Consultant should prepare twelve ( 12) copies of a draft report incorporating the findings , conclusions and recommendations of the study for review by designated City officials and other interested parties ; • Following input by the City, die Consultant will prepare a final report , which incorporates comments made by the City on the draft report. Thirty (30) copies of the final report must be provided to the City ; and • If requested by the City , the Consultant must meet with the Fayetteville City Council to present a summary of the final report. Selection Procedure The City will utilize the Professional Selection Policy & Procedure of the City (PUR- 12) to choose the selected firm . A copy of the professional selection policy and procedure is attached for informational purposes . The following point structure will be utilized in making a selection : l ) Specialized Experience & Technical Competence 30 2) Capacity and Capability of the Firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 3) Past Record of Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 4) Proximity and Familiarity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Submissions All proposal submissions should include the following information: t ) Resumes of all key persons from the firm who are expected to be involved in the project as outlined in the Scope of Work section listed above , which should be included as an appendix to the submission . 2) A discussion of how the firm expects to address the work outlined in the Scope of Services section of this RFP as listed above. • 3