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HomeMy WebLinkAbout1999-02-16 - Agendas - Final FINAL AGENDA FOR THE FAYETTEVILLE CITY COUNCIL MEETING FEBRUARY 16, 1999 STATE OF THE CITY ADDRESS I. CONSENT AGENDA A. APPROVAL OF THE MINUTES: Approval of the minutes from the February 2, 1999 meeting. B. WATER AND SEWER REFUNDING BONDS: A resolution approving a letter agreement with Kutak Rock to perform bond counsel services in connection with the proposed issuance of water and sewer refunding bonds. The cost is not-to- exceed $35,000, plus out-of-pocket expenses to be paid from bond proceeds. Additionally, to authorize the Budget Coordinator to execute any budget adjustments necessary to implement this refunding. C. ULTRAVIOLET DISINFECTION SYSTEM: Moved to New Business, II.D. D. ROLL FORWARD LIST OF 1998 FUNDS: The City Council is requested to approve a budget adjustment which will allow for the rollforward of all projects or items in progress which were appropriated in the 1998 Budget. The items which are approved will become part of the 1999 Budget. E. JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT: Approve grant application for Juvenile Accountability Incentive Block Grant and the attached budget adjustment. Add one officer and the required operational expenses to the 1999 Budget. F. ARKANSAS AVIATION TECHNOLOGIES GRANT AGREEMENT: Acceptance of a pass-through grant from the Arkansas Department of Economic Development to the Northwest Arkansas Aviation Technologies Center for the purpose of establishing an Aviation Maintenance Technology Program (A&P) at Drake Field; approval of an agreement with Northwest Arkansas Aviation Technologies Center; and approval of a budget adjustment recognizing the grant and related expenditure. February 16, 1999 Page 2 G. HANGAR RENOVATION: Authorization for the mayor to execute contracts in excess of $20,000 for the work associated in renovating the executive hangar leased by NWA Aviation Technologies Center in an amount not to exceed $205,000 for the complete project and approve a budget adjustment establishing a project budget to perform the necessary tenant improvements. H. NAMING "RAVEN TRAIL": A resolution naming the proposed Keenan property trail, "Raven Trail." I. CIV 98-29: Settlement offer for Mr. Walter Robinson for legal action taken to obtain certain lands along Gregg Avenue in Fayetteville, and Wilkerson Avenue in Johnson for the Mudd Creek Bridge Project J. WIDENING HWY. 265: Approval of a resolution authorizing the Mayor and City Clerk to execute Warranty Deeds conveying City-owned property, part of Fire Station No. 5 and part of the former Caudle property, both on Crossover Road, to the Arkansas State Highway Commission, as right of way on the expansion of Arkansas State Highway 265 . II. NEW BUSINESS A. VA9811-VACATION: To approve ordinance VA98- 11 vacation submitted by Dave Jorgensen of Jorgensen and Associates on behalf of J.B . Hayes for property located at the north end of Emerald Avenue. The property is zoned R-O, Residential Office. The request is to vacate a 100 square feet right of way at the north end of the property. B. MASTER STREET PLAN: To approve a resolution amending the Master Street Plan as recommended by the Planning Commission and Street Committee. C. CABLE FRANCHISE FEE: A resolution to include the franchise fee as part of the gross revenues of the cable operator. D. ULTRAVIOLET DISINFECTION SYSTEM: Approval of a resolution awarding bid number 99- 18 to the selected bidder, who will be determined after the bid opening on February 5, 1999, for the ultraviolet disinfection system for the Paul R. Noland wastewater treatment facility. E. CMN BUSINESS PARK APPEAL: Appeal of one condition of approval of the CMN Business Park II, Phase II; approved by Planning Commission January 12, 1999. it February 16, 1999 Page 3 F, CLEAR CREEK BRIDGE REPLACEMENT: A resolution approving expenditure of funds to cover cost of construction of Clear Creek Bridge Replacement in Johnson. ROLL DA IFI Y01 NCT REYNOLDS DAVIS TRUMBO MAYOR MANNA CDhlqFNT DANTFT SANTOS REYNOLDS TRUMBODA TF1 . ✓ ✓ / Y� ✓ SANTOR AITSTFN TRTJMBQ MAYQR HANNA ✓ . cA 2 MASTER STREET PLAN SANTOS RllqqFl 1 , REYNOT US AINTIN DAVIS TRUMBO CABLE FRANCHISF FER 90 DANIFT VOT NC, ATNTIN DAVIS TRUMBO MAYOR HANNA ta . RFYNOT DR AlJqlfN DAVIS MAYOR 14ANNA �- 0_a � C 000 CMN BUSINESS PARK APPEAL DANIFT q AN TO S RFYN(-)T ITS l�- AllqTTN DAVIS TRUMBO CLEAR CRFRK RRIDGR REPLACEMENT SANTOR REYNOLDS AUSTIN DAVIS TRUMBO State of the City 1998 Fayetteville, Arkansas Delivered by Mayor Hanna to the Members of the City Council and Citizens of Fayetteville February 16, 1999 This year, the word "infrastructure" has been quite popular. I am proud of the way our infrastructure has kept pace and stayed ahead of our unprecedented growth. Our trash is collected on schedule each week. Our traffic lights help citizens drive our streets safely. Clean water comes into our homes and an award-winning plant treats it when it leaves. We enjoy 3 ,000 acres of greenspace, a park for every week of the year. Animals are cared for humanely. Fires are put out and even prevented. Police protect us and help our children stay drug-free. All these things - and many more- are infrastructure, and we can be proud of ours. I encourage all citizens to read our City' s 1998 Fourth-Quarter Report which lists our yearly statistics and compares them to last year, almost all of which show an increase. It is available through my office or on our City' s website. There are far too many numbers to note individually here, but I think our citizens will see how well their tax dollars are spent in keeping this a first-class place to live. This year, our FIRE DEPARTMENT' s Children' s Safety House hosted over 2,000 children and over 250 adults in just the last 3 months of 1998 alone. We began constriction on our newest fire station which will expand fire protection for the entire city, especially the southwest, south central and west central areas. Fire personnel responded to almost 1 ,700 emergency calls this year, with an average response time of 3 .77 minutes. Our POLICE DEPARTMENT continues to protect and serve us in an exemplary way. Central Dispatch handled over 43 ,000 calls, up from the previous year. Officers made 365 drug arrests and seized almost 1 ,000 ounces of marijuana, cocaine and methamphetamine which would otherwise have been on the streets. The DARE program in our schools ("Drug Abuse Resistance Education") made contact with 6,680 young people, nearly 3 times the previous year. And our Crime Prevention Unit made over 18,000 contacts, over 4000 more than last year. The motorcycle unit joined the popular bicycle program, and I am happy to state that our crime rate dropped about 25% last year, despite increased population. 2 e We continue to care for our animal inhabitants through our ANIMAL SERVICES DIVISION. In 1998 we renovated our old shelter. Over a third of more than 2,000 animals sheltered last year were from outside Fayetteville, mostly from the unincorporated areas of the County. The good news is that over a thousand were adopted or reclaimed. Our 1999 BUDGET and other City information is available on our website, which had almost 5000 visits in the last three months of 1998 alone. The City' s finances are in excellent shape, winning several awards this year including our Comprehensive Annual Financial Report (CAFR) receiving the top award again this year from the national Government Finance Officers Association. As we look to 1999, there is a lot of talk about the "Y2K" situation. We are ensuring that all our services, including Police, Fire, Central Dispatch, water distribution and traffic lights are Year 2000 compliant. COMMUNITY DEVELOPMENT continues to provide neighborhood revitalization and public service to our citizens, including the Elderly Taxi Program and the operation of the Yvonne Richardson Community Center. Housing rehabilitation and neighborhood improvements enhance and preserve older areas through federal grants and other funding. ENGINEERING by the City has brought forth projects such as the cost-share with the City of Johnson on the Clear Creek Bridge, the Sunbridge Extension, improvements to the Highway 45 area, the Sixth Street Extension, and the Mud Creek/Gregg Street bridge. The City' s INSPECTION DIVISION issued almost 700 building permits and granted over 3 ,000 mechanical and other permits. This Division made over 22,000 inspections in 1998 for a building area of about 2 '/2 million square feet, totaling almost $85 million. Over 2,000 requests for Property Enforcement Inspections were performed in 1998 . Our PARKS AND RECREATION Division is a favorite of our citizens. In 1998, crews mowed over 2,000 acres of parkland and city greenspace. Repairs and improvements were made to our parks. We thank SWEPCO for the generous donation of lights for Gulley Park to replace those vandalized by the less civic- minded. Basketball, flag football, volleyball and Fall softball had 110 teams with r 3 almost 2 ,000 citizens participating. Last summer, we had almost 15,000 people enjoying the music of popular bands at free concerts in Gulley Park. We continue to make our sidewalks safe and accessible with hundreds of feet of new sidewalk. Our City' s beautiful Square Gardens were enjoyed by thousands of citizens and visitors during 1998. Last year we saw the approval of the residential curbside bin recycling program, expansion of commercial recycling programs, and keeping a high level of service for our increased customer base by distributing informational materials to our citizens. In 1998, we collected over 22,000 tons of solid waste on commercial routes; over 11 ,000 tons on residential routes and about 4,000 tons of recycling. We collected almost 700 tons of brush, leaves and grass which we then composted and distributed to our citizens to help beautify their property and our city. The STREET DIVISION resolved over 1 ,800 service requests in 1998. As the increased number of vehicles in our city get bigger & heavier, they take a toll on our streets. Our Street Division paved over 100,000 square yards of roadway, swept nearly 2,000 miles of street lanes, cleaned over 35 ,000 feet of ditches, repaired 438 feet of guardrails and installed over 1 ,200 feet of drainage. Our TRAFFIC DIVISION performed almost 2,000 traffic sign and signal repairs, including vandalism to school zone flashers. Did you know that Fayetteville has over 470 miles of water line? That' s farther than the distance from here to New Orleans, and is maintained by 9 employees of our WATER AND SEWER DIVISION. With increased demand on both water and sewer systems, our lines were repaired and maintained to prevent leaks and line breaks. We repaired 69 fire hydrants and took over 900 samples to ensure safe drinking water. Over 150 manholes were repaired, and we cleaned almost 140 miles of sewer line to guard against backflow to our homes. Where did sewer lines take over 4 Billion gallons of flow which left our homes and businesses last year? Our WASTEWATER TREATMENT PLANT, which endured the challenges of radical weather extremes in 1998 to receive its 3rd Regional EPA Environmental Excellence Award, our first National EPA Environmental Excellence Award, Fayetteville Chamber of Commerce Business Ecology Award, and approval from the Arkansas Department of Pollution Control and Ecology for our Industrial Pretreatment Program. This plant has treated our waste in all types of conditions with virtually no permit violations . We have every reason to be proud of our Wastewater Treatment Plant as it is operated by OMI 4 (Operations Management International). A major issue for 1999 will be reaching the capacity of our present plant and determining the most feasible plan for treating increased demand. Our new City Council will face some important decisions in the coming year. If capacity is reached before a new plant is in operation, it will cost more to treat in order to maintain our permit, and violations could bring heavy fines for non-compliance. A building moratorium would be possible, not only for Fayetteville but also for our regional partners whose wastewater we treat: Elkins, Farmington, Greenland and parts of Johnson. Public meetings have been held throughout 1998 and we look at 1999 as a year when hard decisions must be made. Fayetteville' s AIRPORT is also looking to the future after a year of change. Through FAA grants and other outside funding, Drake Field is poised to remain a great asset to this community. Our general aviation facilities remain strong, and we are on the threshold of establishing the premier aviation A&P School (Airframe and Powerplant) in the entire region to develop a skilled workforce who can be trained and employed in our area. Your MAYOR' S OFFICE has had the privilege of serving citizens by responding to their concerns, delivering speeches & proclamations for special events, issuing press releases, and working with the Office of Emergency Services in case of disaster. We honored Martin Luther King and partnered with the University in the Campus/Community Coalition for alcohol-related issues. Our ADA Committee assesses the needs of the disabled. Our Heritage Committee donated a $20,000 grant to protect Evergreen Cemetery. City staff decorated the Square for "Lights of the Ozarks," and helped host the First Night NewYear' s Eve celebration, a positive way for families to usher out last year and see in the new year of 1999. This evening, we've talked about "infrastructure" and looked at a lot of numbers. I believe Fayetteville is more than numbers, it is about people who take pride in living here, people who quietly give their time & talent to make this an even better place. They prefer to remain the unsung heroes of our community, but just for tonight, let' s see them and hear what they have to say: [VIDEO] "Citizens of Fayetteville and Council Members, the state of our city is strong" MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL A regular meeting of the Fayetteville City Council was held at 5 :30 p.m. February 2, 1999, in room 219 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas. ITEM CONSIDERED ACTION TAKEN Approval of the Minutes Approved Gregg Avenue Approved Res. 10-99 Trolley Operations Agreement Approved Res. 11 -99 Bid 99- 11 Approved Res. 12-99 Airport Lease Modifications Approved Res. 13-99 Fire Station #4 Approved Res. 14-99 ADS Environmental Services Approved Res. 15-99 LDS and Glide Slope Approved Res. 16-99 Library Master Plan Approved Res. 17-99 Northwest Arkansas Aviation Approved Res. 18-99 Water and Sewer Bonds Approved Res. 19-99 RZ 98-23 .00 Approved Ord. 4137 VA 98- 13 .00 Approved Ord. 4138 RZ 98-24.00 Approved Ord. 4139 Backflow Prevention Approved Ord. 4140 Stonegate Subdivision Greenspace Waiver Approved Res. 20-99 OMI Amendment No. 4 Approved Res. 21 -99 PRESENT Mayor Fred Hanna Aldermen: Robert Reynolds Ron Austin Bob Davis Trent Trumbo Heather Daniel Kevin Santos Cyrus Young Kyle Russell City Attorney Jerry Rose City Clerk Heather Woodruff Staff, Press and Audience MINUTES OF THE FAYETTEVILLE CITY COUNCIL FEBRUARY 2, 1999 A meeting of the Fayetteville City Council was held on February 2, 1999 at 5 :30 p.m. in the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Hanna, Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young and Russell; City Attorney Jerry Rose; City Clerk Heather Woodruff, Public Works Director Charles Venable, Administrative Services Director Kevin Crosson, Planning Director Aleft Little, press and audience. ABSENT: None. Alderman Daniels announced a former alderman, Joan Chapman, had died January 26, 1999. She recognized her accomplishments and services. CONSENT AGENDA Mayor Hanna stated they would be removing item E. Water and Sewer Refunding Bonds from the Consent Agenda. APPROVAL OF THE MINUTES The approval of the minutes from the January 19, 1999 meeting. GREGG AVENUE A resolution approving partial payment of $35,000 to the Arkansas Highway and Transportation Department for preliminary engineering for the design of improvements and widening of Gregg Avenue from Highway 71 B north to Mud Creek Bridge. RESOLUTION 10-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK TROLLEY OPERATION AGREEMENT A resolution approving an agreement between the City and Jones Transportation Services for the provision of trolley operations services for March 1 , 1999 through December 31 , 1999 and providing for four one-year renewals. RESOLUTION 11-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK 2 City Council Meeting February, 2, 1999 BID 99-11 A resolution awarding Bid 99- 11 to Ferrara Fire Apparatus, Inc., in the amount of $ 167,747 for a new fire department pumper. RESOLUTION 12-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK AIRPORT LEASE MODIFICATIONS A resolution approving the modification of lease agreements with all four car rental agencies currently serving Drake Field. RESOLUTION 13-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK FIRE STATION #4 A resolution awarding Bid 99- 14 to Heckathom Construction in the amount of $611 ,520 and approval of a 5% contract contingency. RESOLUTION 14-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK ADS ENVIRONMENTAL SERVICES A resolution awarding contract for flow monitoring and services to ADS Environmental Services, in the amount of $235,455, approval of a contingency of $9,400 and sales tax of $ 10,945, less a trade in of $31 ,000, for a net cost of $224,800. RESOLUTION 15-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK LDA AND GLIDE SLOPE A resolution approving a lease and transfer agreement with Federal Aviation Administration in the amount of $627,220 providing for the Localizer-Type Directional Aid (LDA) with Glide Slope (GS) facility site and transfer of associated equipment, and approval of a budget adjustment. RESOLUTION 16-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK LIBRARY MASTER PLAN A resolution amending a contract with Meyer Scherer and Rockcastle, LTD. in the amount of $34,465 to extend the Master Plan for Library Services and Facilities to evaluate two design options; and the approval of a budget adjustment. RESOLUTION 17-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK 3 City Council Meeting February, 2, 1999 NORTHWEST ARKANSAS AVIATION A resolution approving a lease with Northwest Aviation Technologies Center to lease an executive hanger located at 4248 south School Avenue and approval of a budget adjustment to bring the building up to current building code standards. RESOLUTION 18-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK There were no comments. Alderman Daniel moved to approve the Consent Agenda. Alderman Davis seconded the motion. The motion carried unanimously. OLD BUSINESS NEW BUSINESS WATER AND SEWER BONDS The Mayor introduced a resolution approving a letter agreement with Stephens, Inc. to perform underwriting services in connection with the proposed issuance of water and sewer refunding bonds. The cost is $9.50 per $ 1 ,000 of bonds issued to be paid from bond proceeds. Mayor Hanna stated there would be no cost to the city, unless they decided to refinance the bonds. If they did, then it would come back before the city council for approval. Before any money or decisions were made it would have to come before the Council. This would only allow the bond firm to get bids on the bonds. Mr. Crosson explained in 1992 the city had issued bonds to help finance the reinforcement of their system. Their first call date would be in 1999. They would be allowed to call the bonds at 103 % at that point. They were taking this as a opportunity to refinance. They were estimating their issuance expense at $ 150,000, a net savings would be approximately $600,000. They would bring the issue back to the council when they were ready to make a decision. Alderman Trumbo thought it would be the prudent thing to do. Alderman Young asked if there would be any out of pocket expenses if they did not float the bonds. Mr. Brain Swain replied there could be a small fee of a couple of thousand dollars. 4 City Council Meeting February, 2, 1999 Alderman Daniel moved to approve the resolution. Alderman Austin seconded. Upon roll call the motion carried unanimously. RESOLUTION 19-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK BID WAIVER The Mayor introduced an ordinance providing for a bid waiver to purchase a self-propelled wedge foot roller for use in the Street Maintenance Program. City Attorney Rose read the ordinance for the first time. Alderman Austin moved to suspend the rules and go to the second reading. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. City Attorney Rose read the ordinance for the second time. Alderman Santos moved to suspend the rules and go to the third and final reading. Alderman Daniel seconded. Upon roll call the motion carried unanimously. Mayor Hanna recognized the good job the Street Department had been doing. Mayor Hanna called for the vote. Upon roll call the motion carried unanimously. ORDINANCE 4136 AS RECORDED IN THE OFFICE OF THE CITY CLERK- RZ 98-23 Mayor Hanna introduced an ordinance approving rezoning request RZ 98-23 changing 19.74 acres from A- 1 , Agricultural, to R-O, Residential Office. This request was submitted by Kurt Jones of Crafton, Tull on behalf of Washington Regional. Alderman Young stated he would be abstaining because he worked for the firm representing the item. Alderman Trumbo stated this would be a nice addition. City Attorney Rose read the ordinance for the first time. Mr. Jones stated they had submitted a large scale development for this property. They were planning to make improvements to the existing ponds. The developer was willing to make assurances not to disturb the pond. He thought the pond would be classified as a wet land. 5 City Council Meeting February, 2, 1999 Alderman Daniels expressed concern about the springs being disturbed during construction. She thanked them for preserving the pond. Mr. Jim Tim? stated they were going to try and make the pond a focal feature and they had hoped to make it a park like setting. Alderman Davis moved to suspend the rules and move to the second reading. Alderman Reynolds seconded the motion. Upon roll call the motion carried 7-0-1, Alderman Young abstaining. City Attorney Rose read the ordinance for the second time. Alderman Russell moved to suspend the rules and move to the third and final reading. Alderman Davis seconded. Upon roll call the motion carried by a vote of 7-0-1. Alderman Young abstaining. Mayor Hanna called for the vote. Upon roll call the ordinance carried by a vote of 7-0-1. Alderman Young abstaining. ORDINANCE 4137 AS RECORDED IN THE OFFICE OF THE CITY CLERK VA 98-13.00 Mayor Hanna introduced an ordinance approving vacation request VA 98- 13 .00 as submitted by Andre and Marcos Gies vacating a portion of the 50' wide Cedar Street right-of-way located between lots 5 and 6 of the Garner-Larimore Addition, Block B subject to the existing utility easements and sewer easements were required. City Attorney Rose read the ordinance for the first time. Alderman Daniel noted the Planning Commission had approved the vacation unanimously. Alderman Davis moved to suspend the rules and go the second reading. Alderman Daniel seconded. Upon roll call the motion carried unanimously. City Attorney Rose read the ordinance for the second time. Alderman Santos moved to suspend the rules and go to the third and final reading. Alderman Daniel seconded Upon roll call the motion carried unanimously. City Attorney Rose read the ordinance for the third and final time. 6 City Council Meeting February, 2, 1999 Mayor Hanna called for the vote. Upon roll call the motion carried unanimously. RZ 98-24 Mayor Hanna introduced an ordinance approving rezoning request RZ 98-24, submitted by Deborah and Calvin Laningham for property located at 731 North Leverett to rezone .40 acres from C- 1 , Neighborhood Commercial to R-3 , High Density Residential. City Attorney Rose read the ordinance for the first time. Alderman Daniel stated the staff had been concerned about parking. She asked if there was a bill of assurance that the developer would only construct eight units. Ms. Little, Planning Director, stated they did not have a bill of assurance, but they had seen the initial plans for the site and only eight units had been planned. She stated there was room for only eight. They would not be able to approve the building permit unless there was adequate parking. She did not know that a bill of assurance should be required. She had noted the parking to caution the developer not to expect a large number of units. She reiterated a building permit would not be issued unless there was adequate parking. Alderman Daniel stated she was very interested in limiting the size of this development. In response to questions from Alderman Reynolds, Ms. Little stated there had been a rezoning request for this property three years ago to rezone the property from R-3 to C- 1 . The previous plan did not come to pass. They were requesting the property be rezoned back to its original zoning. She added this would allow for the reuse of the property. The Planning Department did not have an official submission of the plans. She had looked at the plans and most of the units were one bedroom. Alderman Austin thought this was the type of improvement the city should encourage, by replacing old buildings with new and increasing the density in the downtown area. Alderman Reynolds moved to suspend the rules and move to the second reading. Alderman Young seconded. The motion carried unanimously. City Attorney Rose read the ordinance for the second time. In response to questions from Alderman Russell, Ms. Little explained the parking ordinance required one parking space per bed room, whether the apartments were two bedroom or one bedroom. The parking would be based on the number of bedrooms. 7 City Council Meeting February, 2, 1999 Alderman Russell moved to suspend the rules and move to the third and final reading. Alderman Reynolds seconded. Upon roll call the motion carried unanimously. City Attorney Rose read the ordinance for the third and final time. Mayor Hanna called for the vote. Upon roll call the ordinance passed unanimously. ORDINANCE 4139 AS RECORDED IN THE OFFICE OF THE CITY CLERK BACKFLOW PREVENTION Mayor Hanna introduced an ordinance amending Chapter 51 , Water and Sewers, of the Code of Fayetteville, to add Section 51 . 146, Backflow Prevention, providing for Cross Connection Control Standards and requirements for the design, construction and maintenance of connections to the public water supply. CityAttorney Rose read the ordinance for the first time. In response to comments from aldermen, Mr. Crosson stated the city had increased staff to accommodate the requirements of the Federal Government and the Arkansas Department of Health. The city had been following their requirements for some time. The city had been waiting for them to finalize their requirements before passing an ordinance. In response to questions from Alderman Daniels, Mr. Jim Smith gave several examples where the backflow prevention would be beneficial. He added this would help protect the public water supply. He thought there would be approximately 1500 accounts which would be affected by this. He added a large majority of them would already meet this requirement. Alderman Daniel moved to suspend the rules and go to the second reading. Alderman Davis seconded. Upon roll call the motion carried unanimously. City Attorney Rose read the ordinance for the second time. Alderman Santos moved to suspend the rules and go the third and final reading. Alderman Austin seconded. Upon roll call the motion carried unanimously. City Attorney Rose read the ordinance for the third and final time. Mayor Hanna called for the vote. Upon roll call the motion carried unanimously. ORDINANCE 4140 AS RECORDED IN THE OFFICE OF THE CITY CLERK 8 City Council Meeting February, 2, 1999 STONEGATE SUBDIVISION Mayor Hanna introduced a resolution waiving Ordinance 3793 and accepting money in lieu of park land as a requirement for Stonegate Subdivision. Alderman Daniel stated she was not in favor of this waiver because this was a large development. She noted the Parks Department would only be receiving $20,000. She added the Parks department's reasoning for their recommendation had been based on the fact there was no other land for them to connect to increase the size of the park. She noted the existing parking land was not conveniently located. She felt the new residents would be land locked. She added they did not have to spend a lot of money on the park and suggested paths and park benches. Mr. Terry Gulley, Parks Department, stated there would be two entrances into the subdivision one by Manor Drive, the other would be in Boardwalk Subdivision. He noted Park Place and Boardwalk also had greenspace. He noted this property was very steep and there was the possibility there would be a retention pond located on the property. He noted this would be the smallest amount of park land they would have ever taken. He continued they were looking for a larger piece of land in that area. They were wanting something along Hwy 265 . Ms. Brenda Theil, Parks Board, stated the proposed lots were three quarter acre lots. The park would only be one and one quarter acres. She noted the yards would almost be as large as the park. She noted the development would only have fifty-one lots. She noted the property had a steep slope. She added the Parks Board had voted 6- 1 for the greenspace waiver. She thought it would be pointless to have such a small park with such large lots. Alderman Trumbo thought the city needed to increase the dollar amount. He felt the land had been undervalued. Alderman Daniel stated they did not have to be formal park. It could be left greenspace, which would be environmentally friendly. Ms. Theil replied in the type of subdivision proposed the residents would complain. She did not believe that it would work in that area. Mr. Crosson stated a lot of the complains the city received was that these parks that were taken in subdivision was that they resembled vacant lots when they did not mow them. Alderman Austin thought a private individual would do a better job than the city could. Ms. Theil stated the land proposed for the park was a low area where a pond might be located. She thought the land would be maintained as greenspace for that reason. The property owners association would have to maintain them. 9 City Council Meeting February, 2, 1999 Alderman Trumbo thought the money should be more like $40,000 per acre. Ms. Theil replied they had to take an average cost of land across town. Mr. Tom McKinney, Sierra Club, supported small neighborhood parks because a maintained yard did not have the same benefits as a natural area. He stated the monetary value was too small for this acreage. Mr. Dave Jorgensen, Developer's representative, stated it would have been easier to dedicate the park land, however, the parks department was having a difficulty in maintaining them. He noted the lots were going to be large. Alderman Russell thought the solution would be to require the home owners association to set aside land and maintain it or to increase the budget for the Parks Department so they maintain the smaller parks. Alderman Austin moved to approve the resolution. Alderman Davis seconded. Upon roll call the motion carried by a vote of 7-1-0. Alderman Daniel voting nay. RESOLUTION 20-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK OMI Mayor Hanna introduced a resolution authorizing the execution of amendment number four for the operation of the Paul Noland Treatment Plant, and the approval of a budget adjustment. The amendment provides for a total of $3 ,632,992 for operations services during 1999. Alderman Trumbo moved to approve the resolution. Alderman Austin seconded the motion. Upon roll call the motion carried unanimously. Meeting adjourned at 6:45 p.m. 10 W/S REFUND BOND STAFF REVIEW FORM xxxx AGENDA REQUEST For the Fayetteville City Council meeting of February Ifi 1999 FROM : Brian Swain Adm . Services Dir . Adm . Services Name Division Department ACTION REQUIRED : WATER AND SEWER REFUNDING BONDS : A resolution approving a letter agreement with Kutak Rock to perform bond counsel services in connection with the proposed issuance of water and sewer refunding bonds . The cost is not - to - exceed $ 35 , 000 , plus out - of - pocket expenses to be paid from -- bond proceeds : Additionally , authorize the Budget Coordinator - to execute any - budget - COST TO CITY : adjustments necessary to implement this refunding . S 37 . 500 est .east of this Request S Categoryiproject BudgetCategory Project Name S Account Number Funds Used To Date Program Name S Project Number Remaining Balance Fund B?GET1EW : Budgeted Item Budget Adjustment Attached BBudge Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Accounti 9 M nager Date ADA Coordinator Date City Atta ney Date I ernal Auditor Date U Q. ragj Purchasing Officer Date STAFF RECOMMENDATION : Staff recommends approval of the agreement . alisem -27 - 9 Division Head Date Cross Reference New Item : Yes No D rtm D ector Date Prev Ord/Res # : Admi trativ Services Director ate 11—)2 % Orig Contract Date : ayor Date VIS REFUND BOND .B.2 aTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS • TO: Fayetteville City Council THRU: Fred B . Hanna, Mayor FROM: Kevin D. Crosson, Administrative Services Director DATE: January 27, 1999 RE: Bond Counsel Services Selection - Proposed Water & Sewer Bond Refunding (Series 1992) On January 11 , 1999, the City of Fayetteville convened a professional selection committee for the purpose of selecting a firm to provide bond counsel services for the proposed refunding of Series 1992 Water & Sewer bonds. The committee was composed of five voting members: Emma Badgley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounting Coordinator Kevin Crosson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative Services Director Bob Davis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alderman Brian Swain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Asst. to the Adm. Services Director Charles Venable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Works Director In addition, Peggy Vice, Purchasing Manager, and LaGayle McCarty, Assistant City Attorney served on the committee as a non-voting advisory members. The committee selected from firms that submitted responses to the City' s Request for Qualifications (RFQ) #98- 10. A vote was taken by the committee in accordance with the City' s purchasing policy regarding professional service and Kutak Rock was selected as the bond counsel on this proposed issue. A copy of Kutak Rock' s response to the RFQ is on file in the Purchasing Office. The process for negotiating a contractual agreement that conformed with the RFQ was initiated. Based on those negotiations, the attached Letter of Engagement was drafted. The proposed agreement conforms to the City' s RFQ and is for a fee of $30,000. An additional $5,000 will be paid, if the underwriter on the issue does not hire underwriter' s bond counsel. Additional out-of- pocket expenses not expected to exceed $2, 500 would also be reimbursed. As mentioned in the Letter of Engagement, the fee for services is contingent upon the Bonds being sold and the transaction closed. . 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 W/S REFUND BON LB,3 • Based on a preliminary review of the existing 1992 bond issue, it would appear that the City can save over $500,000 by refinancing the bonds including issuance costs and premiums paid for early retirement of the bonds. The refunding is of benefit to the City in two ways. First, the City is simply able to save interest expense on the bonds. Second, the savings in interest expense and lower annual debt service payments provides the City with additional flexibility to issue future water and sewer bonds as the need may arise. The City' s underwriter will be assisting with more definitive financial analysis. If a determination is made at some point that proceeding with the — refunding is not in the best financial interest of the City, we will not proceed. However, unless the -- current interest rates increase significantly, we expect that the issue should be able to go to market by the first part of June. Should you have any questions, please feel free to contact me. Thank you for your consideration of this matter. KDC/bts W/S REFUND BOND LBA KUTAK ROCK SUITE CAPITOL DENVER • 423 WEST CAPITOL AVENUE KANSAS KAN8w8 C17r LITTLE ROCK, ARKANSAS 72201 -3409 NEW YORK NEWPORT BEACH 501 -975.3000 - OKLAHOMA City FACSIMILE 801 -975-3001 OMAHA PHOENIX www.kutakroCk.com PITTSOURGH WASHINGTON January 25, 1999 VIA E-MAIL AND FIRST-CLASS MAIL Honorable Fred Hanna City of Fayetteville, Arkansas 113 W. Mountain Fayetteville, AR 72701 City of Fayetteville, Arkansas Water and Sewer System Refunding Revenue Bonds Series 1999 Dear Mayor Hanna: The purpose of this engagement letter is to set forth certain matters concerning the services we will perform as bond counsel to the City of Fayetteville, Arkansas (the " City") in . connection with the proposed issuance of the referenced bonds (the " Bonds " ). We understand that the Bonds are being issued for the purpose of refunding the City's outstanding Water and Sewer System Refunding and Improvement Revenue Bonds, Series 1992 (the " 1992 Bonds" ), and will be secured by and payable solely from the City's net water and sewer revenues. We further understand that the Bonds will be purchased in a negotiated sale by Stephens Inc. (the " Underwriter" ) during the late spring or early summer of 1999. SCOPE OF ENGAGEMENT In this engagement, we expect to perform the following duties : (1) Subject to the completion of proceedings to our satisfaction, render our legal opinion (the " Bond Opinion" ) regarding the validity and binding effect of the Bonds, the source of payment and security for the Bonds, and the excludability of interest on the Bonds from gross income for federal and Arkansas income tax purposes. (2) Prepare and review documents and certificates necessary or appropriate to the authorization, issuance and delivery of the Bonds, coordinate the authorization and execution of such documents and certificates, and review enabling legislation. (3) Prepare and review documents in connection with the defeasance and refunding of the 1992 Bonds. W/S REFUND BOND 1.B.5 KUTAK ROCK Honorable Fred Hanna • City of Fayetteville, Arkansas January 25, 1998 Page 2 (4) Assist the City and the Underwriter in seeking from other governmental authorities such approvals, permissions and exemptions as we determine are necessary or appropriate in connection with the authorization, issuance and delivery of the Bond . (5) Review legal issues relating to the structure of the Bond issue. (6) Review certified proceedings . (7) Undertake such additional duties as are necessary to render our Bond Opinion. (8) Assist the City in presenting information to bond rating organizations and providers of credit enhancement relating to legal issues affecting the issuance of the bonds . (9) Draft the continuing disclosure undertaking of the City. In addition to the customary duties of Bond Counsel set forth above, we understand that we may additionally be asked to (i) draft the Bond Purchase Agreement between the City and the Underwriter with respect to the Bonds and (ii) assist the City in preparing the official statement (the " Official Statement" ) with respect to the Bonds , and, subject to the satisfactory completion of our review, provide to the City written advice that, in the course of our participation, no information has come to our attention which leads us to believe that the Official Statement, as of its date (except for the financial statements , other statistical data, feasibility reports and statements of trends and forecasts, and information concerning any credit enhancer and DTC, contained in the Official Statement and its appendices, as to which we will express no belief), contains any untrue statement of material fact or omits to state any material fact necessary to make the statements in the Official Statement, in light of the circumstances under which they were, not misleading. Although it is permissible for Bond Counsel to undertake the activities described in this paragraph, they are typically performed by counsel to the Underwriter. Our Bond Opinion will be addressed to the City and will be delivered by us on the date the Bonds are exchanged for their purchase price (the " Closing" ). The Bond Opinion will be based on facts and law existing as of its date. In rendering our Bond Opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the City with applicable laws relating to the Bonds . During the course of this engagement, we will rely on the City to provide us with complete and timely information on all developments pertaining to any aspect of the Bonds and their security. • W/S REFUND BOND I.B.6 KUTAK ROCK Honorable Fred Hanna City of Fayetteville, Arkansas • January 25, 1998 Page 3 Our duties in this engagement are limited to those expressly set forth above. Among other things, our duties do not include : (a) Preparing requests for tax rulings from the Internal Revenue Service, or no action letters from the Securities and Exchange Commission. (b) Drafting state constitutional or legislative amendments. (c) Pursuing test cases or other litigation. (d) Making any investigation or expressing any view as to the creditworthiness of the City or the Bonds. (e) Representing the City in Internal Revenue Service examinations or inquiries, or Securities and Exchange Commission investigations. (f) After Closing, providing continuing advice to the City or any other party concerning any actions necessary to assure that interest paid on the Bonds continue to be excludable for federal income tax purposes (e. g, our engagement does not include rebate calculations for the Bonds). (g) Addressing any other matter not specifically set forth above that is not required to render our Bond Opinion. ATTORNEY-CLIENT RELATIONSHIP Upon execution of this engagement letter, the City will be our client and an attorney- client relationship will exist between us . We assume that all other parties understand that in this transaction we represent only the City, we are not counsel to any other party, and we are not acting as an intermediary among the parties . Our services as bond counsel are limited to those contracted for herein, and the City 's execution of this engagement letter will constitute an acknowledgment of those limitations. Our representation of the City will not affect, however, our responsibility to render an objective Bond Opinion. Our representation of the City and the attorney-client relationship created by this engagement letter will be concluded upon issuance of the Bonds. Nevertheless, subsequent to the Closing, we will prepare and provide to the participants in the transaction a transcript of the proceedings pertaining to the Bonds. CONFLICTS During the course of the Bond financing, our firm will likely be representing the Underwriter in separate unrelated matters . We do not believe such representation, if it occurs, will adversely affect our ability to represent you as provided in this letter because such matters . WAS REFUND BOND I.B.7 KUTAK ROCK Honorable Fred Hanna • City of Fayetteville, Arkansas January 25, 1998 Page 4 will be sufficiently different from the issuance of the Bonds so as to make such representations not adverse to our representation of you. Execution of this letter will signify the City 's consent to our representation of the Underwriter consistent with the circumstances described in this paragraph. FEES Based upon: (i) our current understanding of the terms, structure, size and schedule of the financing represented by the Bonds; (ii) the duties we will undertake pursuant to this engagement letter; (iii) the time we anticipate devoting to the financing; and (iv) the responsibilities we will assume in connection therewith, we propose a bond counsel fee of $30,000. In the event we are asked to undertake additional duties traditionally performed by Underwriter's counsel (including the preparation of the Bond Purchase Agreement and Official Statement), we propose an additional fee of $5 ,000. In addition, we will expect to be reimbursed for all client charges made or incurred on your behalf, such as travel costs, photocopying, deliveries , long distance telephone charges, fax charges, filing fees, computer- assisted research and other out-of-pocket expenses . We estimate that such charges will be in the range of $1 ,000 to $2,500. We understand and agree that our fees will be paid at the time of Closing. If the financing is not consummated, we understand that we will not be paid for time expended on your behalf but will be reimbursed for client charges made or incurred on your behalf. If the foregoing terms are acceptable to you, please so indicate by returning the enclosed copy of this engagement letter signed by an appropriate officer, retaining the original for your files. We look forward to working with you. KUTA ROCK By. r on M. Wi bourn Accepted and Approved: CITY OF FAYETTEVILLE, ARKANSAS By: Title: Dated: * Authorized by No. adopted 1999 • cc: Dennis Hunt, Stephens Inc. W DISINFECTION G.C1 STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 16, 1999 FROM: Billy L. Ammons WWTP Public Works Name Division Depamment ACTION REQUIRED: Approval of a resolution awarding bid number 99-18 to the selected bidder, who will be determined after the bid opening on February 5, 1999, for the ultraviolet disinfection system for the Paul R. Noland wastewater treatment facility. (Recommendation memo to follow ASAP) COST TO CITY: Estimated $8009000.00 51,100,000.00 UV Disinfection System Cost of this Request Category/Project Budget Category/Prcject Name 5400.5800.5801.00 0 WWTP Captial Amount Number Funds Used To Date Program Name 99035.01 51,1001000.00 Water & Sewer Project Number Remaining Balance Fund BUDGET REV Budgeted Item Budget Adjustment Attached / 9 6s.5D4 rcjA&c kew o a�4 dget Coordinator • A3&4QJ J.4 etA.V `< 41"., Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date Internal Auditor Date City Attorney Date ADA Coordinator Date Purdrasing Officer Date STAFF RECOMMENDATION: To approve award of bid 99-18 to selected bidder, after bid opening on February 5, 1999. Division Head Date Cmn ReRuena Department Director Date New Item: Yes _ No Administrative Services Director Date Prev Ord/Res M: Mayor Date Ong Contract Data: • D:\DATA\WP-DATA\AGENDAFRM UV DISINFECTION 1.C.2 oMI Memorandum To: Mayor Hanna and Fayetteville City Council Members Thru: Charles Venable, Public Works Director From: Billy L. Ammons (PCP) Project Manager Paul Hawkins (PCP) Maintenance Manager Date: January 28, 1999 Re: Bid Recommendation for Bid # 99- 18 Bid # 99- 18 deals with the purchase of a new ultraviolet disinfection (UV) system for the wastewater treatment facility (WWTF). This system is intended to replace the existing use of chlorine for disinfection and sulfur dioxide to remove leftover chlorine. (Disinfection of the treated WWTF effluent is necessary to prevent the possible spread of waterborne disease-causing bacteria, and the City is very closely regulated on this procedure) Chlorine is a very effective disinfectant and has been used at the WWTF for several decades without major difficulty. Due to the highly hazardous nature of both chlorine and sulfur dioxide, however, there have always been significant concerns for the safety of neighboring residents during transport to the WWTF, workers at the WWTF during tank changeover, and the environment if excess chlorine is discharged to the receiving streams. Recent advances in UV technology have allowed the use of this much more environmentally acceptable process for WWTF effluent disinfection to become an approved and accepted practice. New EPA community safety rules have also made the continued use of chlorine for disinfection less attractive, and the deadline for compliance with these new rules (June 21, 1999) has become the driving force behind making the change to UV in a timely manner. Bid # 99- 18 is for the purchase of the actual UV equipment, by far the most expensive component of this overall project, and will be opened on February 5 , 1999. The selected bidder will likely be one of two companies, Trojan Technologies or Calgon Carbon, who are the major players in the UV market for a WWTF of the size of Fayetteville's. Either vendor would be more than adequate, assuming they bid an appropriately sized unit. UV DISINFECTION I.C.3 • We are requesting that this item be placed on the agenda for the February 16, 1999 Council meeting with the expectation that we will be able to select a bidder and provide appropriate documentation before the Council Agenda session on February 9, 1999. It should be noted that at least one other major procurement step in this overall project will be necessary, to select a construction contractor to install the UV equipment and accompanying electrical appurtenances. (This second step cannot be taken until the equipment vendor is selected, since the installation procedures and requirements are different for each type of system) This installation bid will probably come before the Council in like manner to the equipment purchase, in order to maximize the available remaining time before the new EPA regulations take effect. We appreciate the Council's support of responsible environmental protection, especially in regard to the beautiful water environment of Northwest Arkansas, as well as a high level of concern for the safety of the community as a whole.