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HomeMy WebLinkAbout2002-01-15 - Agendas - Final FAYETTEALLE THE CITY OF FAYETTEVILLE. ARKANSAS FINAL AGENDA CITY COUNCIL JANUARY 15, 2002 A meeting of the Fayetteville City Council will be held on January 15, 2002 at 6:30 p.m . in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas STATE OF THE CITY ADDRESS A. CONSENT AGENDA 1 , APPROVAL OF THE MINUTES. 2. PUBLIC PARKING : A resolution to eliminate public parking directly in front of the Federal building restricting parking to government official use only. 3. HABITAT FOR HUMANITY : A resolution to waive the building permit fee and other development fees for homes to be constructed by Habitat for Humanity. 4. SFCDC : A resolution to waive the building permit fees and development fees for homes to be constructed by South Fayetteville Community Development Corporation. B. OLD BUSINESS 1 . MOTOR VEHICULAR RACEWAYS : An ordinance to regulate motor vehicular raceways. The ordinance was left on the first reading at the January 2, 2002, meeting. C. NEW BUSINESS 1 . RECYCLING RECEPTACLES : A resolution approving the purchase of 27 waste/recycling receptacles from Windsor Barrell Co. for the Downtown Area, the Square and Dickson Street in the amount of $ 19,353 .00 113 WEST MOUNTAIN 72701 501521 -T700 FAX 501 5758257 0 0 2, WORKORDER SYSTEM : A resolution approving a contract for Software and Implementation Services with Hansen Technology, Inc. in the amount of 5487,000.00; and approval of a budget adjustment. 3. CIVIL SERVICE : An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police Chief and Fire Chief, and for other purposes. 4. UNIVERSITY OF ARK: An ordinance waiving the requirements of formal competitive bidding and approving an agreement between the City of Fayetteville, Arkansas and the University of Arkansas to develop a strategic plan to define the physical and economic characteristics of the Arkansas Research & Technology Park; authorizing the mayor to sign said contract; and declaring an emergency. 5. PARTS EXPEDITER: A resolution authorizing the half time equivalent position of parts expediter in the Fleet Operations Division of the Public Works Department. FAY ; TTEVVLLE 10HE CITY OF FAYETTEVILLE. ARKANSAS FINAL AGENDA CITY COUNCIL JANUARY 15, 2002 A meeting of the Fayetteville City Council will be held on January 15, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas STATE OF THE CITY ADDRESS.., _ A. CONSENT AGENr ��'V� 1 . APPROVAL OF THE MINUTES. 2._ _- PUBLIC PARKING: A resolution to eliminate public parking directly in front of the Federal building restricting parking to government official use only. i•�.- �- ..__3.. . _ - HABITAT FOR HUMANITY: A resolution to waive the building permit fee and other development fees for homes to be constructed by Habitat for Humanity. �v .5 " ' 4. SFCDC: A resolution to waive the building permit fees and development fees for homes 1 to be constructed by South Fayetteville Community Development Corporation. B. OLD BUSINESS 1 . MOTOR VEHICULAR RACEWA'_S: An ordinance to regulate motor vehicular. .� raceways. The ordinance wa left on) the first—reading at the January 2002, meeting. a Nn ez� C. NEW BUSINESSl ' 'Q n 3op�„J Rd S - 1 . RECYCLIN RECEPTACLES: A resolution approving the purchase of 27 waste/recycling receptacles from Windsor Barrell Co. for the Downtown Area, the Square and Dickson Street in the amount of $ 19,353 .00 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 • . V r 2. WORKORDER SYSTEM: A resolution approving a contract for Software and Implementation Services with Hansen Technology, Inc. in the amount of $487,600.00; and approval of a budget adjustment. 3. CIVIL SERVICE: ordinance granting authority to the Fayetteville Civil Service Commission to appoin an remove the Police Chief and Fire Chief, and for other purposes. 4. UNIVERSITY OF ARS{: An ordinance waiving the requirements of formal competitive bidding and approving an agreement between the City of Fayetteville, Arkansas and the University of Arkansas to develop a strategic plan to define the physical and economic characteristics of the Arkansas Research & Technology Park; authorizing the mayor to sign said contract; and declaring an emergency. 5. PARTS EXPEDITER: A resolution authorizing the half time equivalent position of parts expediter in the Fleet Operations Division of the Public Works Department. i FINVETTEALLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL JANUARY 15, 2002 A meeting of the Fayetteville City Council will be held on January 15, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas STATE OF THE CITY ADDRESS r7 A. CONSENT AGENDA �O1 . iAPPROVAL OF THE MINUTES. PUBLIC PARKING: A resolution to eliminate public parking directly in front of I the Federal building restricting parking to government official use only. . HABITAT FOR HUMANITY: A resolution to waive the building permit fee and S —Q Z other development fees for homes to be constructed by Habitat for Humanity. tel►. / SFCDC: A resolution to waive the building permit fees and development fees for homes to be constructed by South Fayetteville Community Development Corporation. B. OLD BUSINESS I . ^ v/>/ MOTOR VEHICULAR RACEWAYS : An ordinance to regulate motor vehicular raceways. The ordinance was left on the first reading at the anuary 2, 2002, JJJ meeting. / D C. NEW BUSINESS 1 . RECYCLING RECEPTACLES: A resolution approving the purchase of 27 r� `2 waste/recycling receptacles from Windsor Barrell Co. for the Downtown Area, the Square and Dickson Street in the amount of $ 19,353 .00 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 5758257 .r I 2. WORKORDER SYSTEM: A resolution approving a contract for Software and 0Z Implementation Services with Hansen Technology, Inc. in the amount of $487,600.00; and approval of a budget adjustment. 3. IVIL SERVICE: An ordinance granting authority to the Fayetteville Civil Service Commission to appoint and remove the Police Chief and Fire Chief, and for other l ?, (p purposes. "I 4. UNIVERSITY OF ARK: An ordinance waiving the requirements of formal competitive bidding and approving an agreement between the City of Fayetteville, (� Arkansas and the University of Arkansas to develop a strategic plan to define the b physical and economic characteristics of the Arkansas Research & Technology Park; authorizing the mayor to sign said contract; and declaring an emergency. 5, PARTS EXPEDITER: A resolution authorizing the half time equivalent position �Z of parts expediter in the Fleet Operations Division of the Public Works Department. C� J� h City Council January 15 , 2002 L l 0' CV Young f Zurcher Trumbo Davis Santos Jordan Reynolds Thiel Coody Young Trumbo Davis Santos ✓ Jordan Reynolds ✓ Thiel Coody City Council January 15, 20021r ,� It`s �° 101 V� 1 VAv ?i Young l� Trumbo t/ �— Davis Santos (/ Jordan Reynolds Thiel V, (/ Coody �yL Young Trumbo Davis C� Santos !/ Jordan Reynolds Thiel (/ Coody City Counit January 15 , 2002 N Ij Young Trumbo Davis Santos Jordan Reynolds Thiel Coody Young —� Trumbo Davis Santos Jordan �� v Reynolds Thiel Coody City Council January 15 , 2002 O,�� Young Trumbo �— Davis Santos Jordan [/ Reynolds ✓/ / �J Thiel t/ v (l Coody 5 Young Trumbo v Davis Santos l/ Jordan Reynolds ✓ Thiel Coody 7 City Council January 15, 2002 Young Trumbo Davis Santos Jordan Reynolds Thiel Coody Young Trumbo Davis Santos Jordan Reynolds Thiel Coody City Council January 15 , 2002 Young Trumbo Davis Santos Jordan Reynolds Thiel Coody Young Trumbo Davis Santos Jordan Reynolds Thiel Coody City Council January 15 , 2002 Young Trumbo Davis Santos Jordan Reynolds Thiel Coody Young Trumbo Davis Santos Jordan Reynolds Thiel Coody Fayetteville State of the City Address , 2002 2001 was an interesting year, indeed . Because of the slowdown of our national economy and the increases in costs, we have had to reduce our expenditures for 2002 while continuing to provide-and in some cases expand-municipal services to the growing public. Our department directors have provided you with an update of our accomplishments in 2001 . 1 will note a few of the highlights from each department and provide the detailed lists for your further consideration . Urban Development: • We saw an increase in the issuance of building permits . The number of residential dwelling units rose from 551 in 2000 to 698 in 2001 , an increase of 27% . Commercial permits for new construction rose from 27 to 38, or 42% . We expect this trend to continue in 2002. • Our trails program has gotten off to an excellent start with advancement of a master plan , letting the first bids for construction , and getting strong community involvement in the planning and preliminary construction phases. • We signed a user agreement with the Fayetteville Boys and Girls Club that includes city financial assistance in the construction of facilities adjacent to their proposed location. • Our Master Parks Plan was completed , giving us direction for our city's recreational needs. • We continued a discussion of impact fees that began in 2000 and we convened a stakeholder's committee to give the public an opportunity to fully consider the implications of these fees. • We began addressing issues from a regional perspective, among them the need for a Regional Transit Authority comprised of the governments of N .W. Arkansas. Public Works: • The processing review period was reduced from about 8 weeks to 3 weeks and backlogs have been reduced . • Engineering projects in 2001 are estimated at $6 . 5MM in infrastructure improvements. • The street overlay program installed more than 130 ,000 sq . yds . of new driving surface, representing 75% of targeted annual performance. Progress was hampered by chronic mechanical problems with the asphalt-paving machine. We are examining ways to increase efficiency in our paving program. • We replaced and added over 2,200' of sidewalk and built two pedestrian bridges focusing on the safety of our school children . • Fleet maintains more than 500 units with only 11 technicians. Over 1 .3 million miles were logged in fleet in 2001 . • We secured overwhelming public approval and a 3% interest loan for our $ 120MM wastewater system overhaul . General Services: • Gary Dumas assumed the interim- management position of the Fayetteville Municipal Airport and restructured fuel sales, resulting in a 75% increase in air operations during 2000. • We implemented a community-wide yard waste-collection system using compostable paper bags and eliminated the subscription fee. • A program to collect construction debris in roll-off containers was initiated . • We established a pilot-recycling program for apartments and 10 school- recycling programs. • We reorganized the Animal Services Division to reduce expenses and increase efficiency , expanded the hours of operation , and focused on customer-service training for the staff. • We began managing the design , contract review, construction , and marketing of the Arkansas Business and Technology Park on 1-540 and coordinating with the University at the Genesis site. Administrative Services: • We completed the selection of a vendor for the Municipal Management System and negotiated the contract for Council approval . • We planned and initiated the PICCS project. • We organized a process for monitoring several of Fayetteville's construction projects. • We initiated innovative use of video conferencing to screen senior management candidates saving time, effort, and money. • We are undergoing a review of the Pay Plan process to ensure fairness and credibility . • We are examining personnel policies, benefit programs, accounting practices, and inventory systems . Economic Development: • Fayetteville and the University are teaming up to become players in the " New Economy." Both the University and the City have acquired land for expansion . • The U . of A. Board of Trustees approved a $6MM expansion of the Genesis Center and a large scale plan is underway for the Research Park. • Thanks to John Maquire, Arkansas Capital-the State's largest venture capital firm-is moving into the Center this week making at least $ 15MM available to businesses in N .W. Arkansas. • 15 companies are operating at Genesis, three of which opened in 2001 . Three more are expanding in 2002 . • Genesis firms have received almost $6MM in Small Business Innovation Research and Technology Transfer awards accounting for over 78% of these awards issued to businesses in Arkansas. Police Department: • We managed a $ 1 . 7MM radio replacement project covering the entire City, replacing the 1985 system. • Turnover in the Department was 7% compared to 14% in 2000. • The Department implemented a civilian position for crime scene evidence collection and purchased a specially equipped van for crime scene searches. • The Department purchased two digital cameras and reduced expenses associated with developing film. • The Department gained internet access and many of our department members now have e-mail . Fire Department: • We received a Fire Safety/Education Grant from Cooper Industries for upgrades to the Fire Safety School Program and began the School Fire Marshall Program teaching children the importance of fire safety , providing training to 2500 children with our Fire Safe House. • We hosted a regional Emergency Management class for area emergency responders and began updating the Local Disaster Plan with the Washington County Local Emergency Planning Committee. • We participated in the F . E. M.A. training program dealing with the threat of terrorism. • We experienced no citizen loss of life and reported only one minor injury to a fire fighter. While this list of accomplishments and initiatives is impressive, I must emphasize that these represent only a few of the issues we have begun to address. Also, one should remember that we have been fully staffed for only the second half of the year and everyone had to get their feet on the ground . I am truly looking forward to what we are going to do in the upcoming year. Fayetteville is moving forward with plans to do more with less. Our city is about to transform in ways that go beyond commercial and residential growth . We are building a social and economic infrastructure that will further solidify Fayetteville's position as having the best quality of life in Arkansas and this , in turn , will help strengthen our economic viability. With a long list of important construction projects scheduled in the near future, work must be staged to match our local contracting resources . The Town Center and Reynold 's Stadium opened last year, and this year we anticipate the completion of our Senior Center and a new regional hospital . Some of the projects we look forward to seeing started this year are the Dickson Street renovation , Fayetteville Public Library, the Skate Park, the Boys and Girls Club , and several major street projects. 2001 was a year of transition , forging new priorities and direction for our community . We are capitalizing on new opportunities and partnerships . We have modified our hiring practices in order to hire highly-qualified personnel and we have recruited outstanding talent to lead our departments and fill key staff positions . Our interview and selection process has proven effective in securing the best candidate for the job and support from the respective departments , boosting morale and productivity. Along with improved teamwork within our ranks , we are developing a better relationship with our citizens and the customers we serve. We have already begun this with our "Project to Improve Citizen and Customer Services" (PICCS). We initiated this effort to find ways to reduce unnecessary red tape and increase efficiencies in our organization. Incorporating Hansen Technologies municipal management software will revolutionize the way City Hall and the public interact. And while we continue to develop better working relations with our business and environmental communities and our neighborhoods, we want to help foster better communication between those forces, as well . We have already seen that discussing concerns and reaching agreement at the beginning of a project benefits everyone. We have strengthened partnerships with others outside City Hall in order to speed progress and are discovering new possibilities to advance our common goals. We are just beginning to reap the benefits of teaming with the University with professors and students from various disciplines becoming partners with local government. The departments of Architecture , Government, Business, Public Administration, Biological Sciences, and Engineering are working with this administration in areas as diverse as planning and urban design , habitat protection and trails, citizen and customer satisfaction , river basin water quality, and new, long-term economic strategies. Our improved relationship with the Arkansas Highway Department is producing positive results in the form of a expedited approvals and more flexible design process. The Chamber of Commerce and the City are making substantial progress in several areas, including the Business and Technology Park on 1-540. We have started discussions with the Fayetteville School District concerning the planning process for locating schools. Fayetteville and the Oklahoma Scenic Rivers Commission have begun a productive dialogue concerning nutrient loading in the Illinois River Basin . Fayetteville is in the early stages of putting together a symposium for smart growth , urban design , and community livability that will include our sister cities in N .W. Arkansas . In this spirit of partnership , it is time for the citizens of Fayetteville and its leadership to come together and discuss a plan for our future. We have our annual budget, 5-year Capital Improvement Projects list, our Master Street and Parks Plan , and our bi-monthly Council meetings where we discuss a variety of issues as they come before us. But we are operating without an adequate zoning map and without a strategic economic master plan. While it is important to make sure all the parts of the engine are working to take us down the road , it is equally important to know where our road is taking us. It's time for us to determine where we want to be after the passage of the next 10 years with goals clearly defined and supported by the community. For this purpose , I propose that my office and this Council work together on a city-wide Focus Fayetteville project modeled after the Focus Kansas City project, and managed by our Urban Development Department and Planning Division . We will gather input, perspectives, and specific ideas from our citizens about traffic congestion , affordable housing , our quality of life, problems related to growth , and any other issues of concern , helping us chart a clear course for the future. The state of our city is strong , yes, but it is much more than that. We are in the position to re-establish our leadership role in the region and the State. We must keep our eyes on the big picture of enhancing our quality of life with a clean , vibrant, innovative economy and a safe, healthy environment. We must challenge ourselves to work together for the good of the community. If we can do that, then Fayetteville's future is secure, indeed . lot CITY OF FAYETTEVILLE URBAN DEVELOPMENT Fiscal Year 2001 Review / Fiscal Year 2002 Preview URBAN DEVELOPMENT DEPARTMENT COMPOSITION — The Urban Development Department is comprised of seven sub-units, including: Cable Administration, Community Development, Inspections, Library, Parks and Recreation, Planning and Public Lands Maintenance. This department contains approximately 82 employees with the 2001 and 2002 budgets being $8,808,274 and $5,906, 129, respectively. 2001 HIGHLIGHTS PARKS DIVISION — The most noteworthy event this year was the employment of an individual to focus on planning, designing and implementing a city wide trail system. Work begin in the last quarter of 2001 on a master trails plan through use of a series of public work sessions in several locations across the city. In addition, the fust of a series of workdays using volunteers was begin with great success on a portion of the center-prairie trail. The department also developed and submitted a request for funding of a skate park located in Walker Park. The design was collaboration between city staff and individuals of all ages who are skaters. In addition, the division continued to work with representatives of a wide range of interest groups in order to identify and develop locations for their use. The signing of a user agreement with the Fayetteville Boys and Girls Club that included city financial assistance in the construction of ancillary facilities adjacent to the proposed location was a significant accomplishment in 2001 . With respect to planning, the division completed work on a Parks Master plan. The document will be very useful to the department and to the city as work continues to meet the many and diverse recreation needs within the city. PLANING DIVISION — Work began in midyear on a study focused on the possible use of impact fees to help defray the costs associated with new development. A stakeholders committee was formed to help ensure that the issue would be fully discussed and debated. Those discussions are continuing and it is expected that the city council will deal with the topic in the first half of 2002. The division also participated in a program with the Center for Applied Spatial Technology (CAST). The project successfully compiled an inventory of infrastructure in several target areas within the city center. The data will be used in 2002 as the division begins a much-needed comprehensive review of current Zoning in place within the city. The staff also worked with the Planning Commission in developing a work plan for 2002. The document, which was the result of a retreat between commissioners and staff, establishes a number of priorities and issues that will be of great help to both the commission, staff and overall city policy in the coming year. The staff has also completed an update of the 2020 General plan, which will be discussed and adopted by the commission and council in early 2002. A revised outdoor lighting ordinance will also be offered for consideration in early 2002. The division also staffed such important issues as the identification of land to secure as part of the Kohl's settlement, worked with parks staff on a forum to discuss city strategy relative to trails and greenways and assisted in developing strategic plan guidelines from the parks master plan for inclusion in the city general plan. _t PUBLIC LAND MAINTENANCE - The major accomplishment in 2001 was the adoption of a revised ordinance dealing with the public policy approach to preservation and protection of our Tree resource. The adoption was the culmination of a 13-month long process that involved a broad cross-section of the community. The staff will be spending a great deal of time in the first 3-6 months of 2002 in an educational campaign to ensure that this important policy document is implemented and followed by all parties. LIBRARY - The library staff spent 2001 in finalizing the design and siting of the new library. The 20+ million facility will go to bid in the first quarter of 2002. It will be the first green building in the city and will incorporate design features to ensure that it will be operated with maximum energy savings. The facility will be a significant addition to the on-going revitalization of downtown Fayetteville COMMUNITY DEVELOPMENT DEPARTMENT - The stA with assistance from the Urban Development Director, began a dialogue with the board of the Yvonne Richardson Center. The intent of this dialogue is to evaluate and analyze the operation of the center to ensure that it continues to meet its original objectives. A report will be made to the city council in the first half of 2002. CABLE ADMINISTRATION - The division completed a very successful year with respect to its continuing coverage of public meetings involving city of Fayetteville issues. The quality and depth of the coverage provided remains without parallel in this state. INSPECTIONS DEPARTMENT - While there is understandable concern over a national slowdown in the economy, the numbers for 2001 for building permits do not reflect that. There was an 8% increase in the total number of building permits issued in 2001 . The number of residential units increased from 551 to 698. In the specific area of commercial permits involving commercial, industrial, church and school construction, 38 permits were issued in 2001 against 27 permits in 2000. There was a sizeable decrease in valuation in the commercial area given the fact that the 2000 numbers included Washington Regional with a valuation of $53,800,000. 2002 Urban Development Maior Anticipated Activities PARKS DEPARTMENT The Parks Division was assigned the responsibility of management of the Lights of the Ozarks for 2002. The staff will utilize this opportunity to take this extraordinary event to new heights in 2002. 2002 will see the division focusing on continued improvements in the maintenance and mowing programs that are so important to the day-to-day operation of its parks. In addition, the department will be working with all the diverse interest groups within the soccer community to begin the location and development of the additional facilities that is so necessary for this sport. PLANNING DEPARTMENT 2002 will see the Planning Division actively participating in the Focus Fayetteville process, which will be a part of the Mayor's action plan for the year. In addition, the division will be working with all parties to improve the communication and dialogue between the city and the various neighborhood associations that are active The Northwest Arkansas area will have a significant opportunity in the coming year to open a dialogue on addressing issues from a regional perspective. There will be discussion relative to the formation of a Regional Transit Authority. This issue, coupled with a regionally based forum to discuss our future will afford us a vehicle to deal with many of the issues associated with growth and the attendant pressure on the Quality of Life in this region. COMMUNITY DEVELOPMENT In 2002, the staff and administration of Community Development will be reviewing all aspects of this program to ensure that the program is in accordance with all applicable federal regulations. From a regulatory perspective, HUD has expressed some concern over the rate at which grant recipients are utilizing the allocated funds in any given year. This issue will be discussed and resolved after discussion with those organizations that have received assistance. CABLE ADMINISTRATION v Cable personnel, in conjunction with the Urban Development Director, will be heavily involved in the first half of 2002 in ongoing negotiations with Cox Communications and in a review of the city agreement with Community Access Television. INSPECTIONS DIVISION In 2002 the Inspection Division will be a principal participant in the annual Clean up Fayetteville campaign. The division, along with other divisions and departments, will identify target areas of the city where problems relating to the condition of housing stock and general overall appearance exist. Every attempt will be made to work with property owners and renters in these areas as inspections are made and warnings given. However, the division will remain focused on ensuring that all applicable ordinances relative to the abatement of nuisances and minimum housing standards will be complied with. • • 4901 South 48th Street Springdale. Arkansas 72762 150117512000 (501) 273 • (501) 756 1081 Fax January 31 , 2002 Coy, COMMUNICATIONS Honorable Randy Zurcher Council Member City of Fayetteville 116 W. Spring St. Fayetteville, AR 72701 RE: Limited Issues Forum Dear Council Member Zurcher: Our local manager, Dennis Yocum, has forwarded your invitation to participate in the above referenced forum to me for response, as I would be the appropriate representative of our company in these circumstances. As I understand it, the forum is purported to be an opportunity for us to respond to our customers. Customer communication is very important to us. As you may know, we have a sophisticated inbound telecommunications system staffed with knowledgeable customer service personnel available 24 hours a day, 7 days a week. We publish our phone number on the customers' bills each month and in the local telephone book. We also have a formal procedure whereby our customers can make their opinions known in writing. Mr. Yocum personally reviews and responds to each and every written comment. It is also my understanding that the City of Fayetteville, as the local franchise authority, has staff dedicated to communications issues. Their duties include cable television regulatory oversight. In addition, there is a citizen's board that conducts regular public meetings to review basic rates filings and other issues related to cable television regulation. Therefore, we do not see the forum can serve any purpose or need that is not already being met. Your invitation further suggested that other issues surrounding the franchise agreement between Cox Communications and the City of Fayetteville would be discussed during the forum. We think it is inappropriate for contractual negotiations to be conducted in public forums. From our perspective, we think such a venue might inhibit candid discussions where progress might be made. We do, however, think the outcome of such negotiations should be widely shared with the media and the public. • Page 1 of 2 0 0 • Although we find no additional benefit to our customers or us, I will, nonetheless agree to participate and represent our company if I can do so by telephone. As much as I would like to be there in person, I have prior obligations that make it impossible on this date. Please let me know if this is acceptable to you. I ftuther understand that we must mutually agree upon a moderator. Our only interest is that they be professional and clearly unbiased. I would also like to know the format of the forum in advance. Thank you very much for the invitation. If you have further questions, do not hesitate to call. My number is (903) 939-7818. Sincerely, Tomas J. Cantrell Director of Government Affairs Middle America Cox cc: Mayor and City Councilors NW Arkansas Times — Sarah Terry The Morning News — Sharla Bardin • Dennis Yocum • Page 2 of 2 Fayetteville Fraternal Order of Police Lodge #10 P.O. Box 125 Fayetteville, Arkansas 72702 January 8, 2002 Alderman Trent Trumbo 2210 Aspen Drive Fayetteville, AR 72703 Dear Mr. Tmmbo: Please accept this letter as the formal opinion of the Fayetteville Fraternal Order of Police Lodge # 10 to NOT support the resolution to have the authority to appoint and remove the Police Chief and Fire Chief with the Fayetteville Civil Service Commission. Our vote to not support this resolution is based on our belief that it creates a potential conflict that could have a negative impact on an officer's due process rights in complaints against the Chief or in appeals on disciplinary matters. Also, officers would no longer be involved in the hiring process (as with the recent hiring of the Fire Chief) for Chief of Police candidates because all authority will be given directly to the Civil Service Commission. Please call me at 442-7266 if you have any questions or concerns about this matter. Respectfiilly, Tad Scott President, FOP Lodge # 10 CC: Brenda Thiel Cyrus Young Bob Davis Randy Zurcher Lioneld Jordan Bob Reynolds . . Wastewater System STAFF REVIEW FORM C. 3. Page 1 . X Agenda Reqs _ Contract Review _ Grant Review For the Fayetteville City Council meeting of January 15, 2002 FROM: Area Boettcber Water and Sewer Public Works Name Division Department ACTION REQUIRED: Approval of a Consultant Contract Amendment (original contract dated March 21, 2000) for Wastewater System Improvement Project in the amount of not more than $578,918.24 to address: (1) Additional engineering services, outside original contract scope, by McGoodwin, Williams and Yates, Inc. - S115,100.06, (2) Expanded sub- consultant services by Environmental Consulting Operations for environmental permitting for the Project - $326,782.05, (3) Additional technical services by Hanifin Associates for public involvement program for the Project - $88,836.13, (4) Land appraisal services by Reed and Associates, not included in the original Project scope, to assess the Project's potential impacts upon neighboring land values - $2,600.00, (5) Cultural Resource Survey by Sponsored Research, not included in the original Project scope, to assess the Projeces potential impacts upon historical and archaeological resources - $45,000.00 and (6) Flood elevation analysis services, not included in the original Project scope, to define 100-year flood elevation for the West Side Treatment Plant site - $600.00. Current contract amount is $955,302.00, with the requested increase raising the contract vahm to 51,534,22024. Approval of a budget adjustment is requested. The funding of a budget adjustment for the approved contract increase is from the proceeds of the Series 2000 Water and Sewer Revenue Bond Issue. COST TO CITY: S499,154.52-recommended S578-918.24 -requested_ 573.099 Professional Cost of this Request Category/Prc jest Budget Category/Project Name X00 5700 5314 00 573.099 Wastewater Irtmrovements Account Number Funds Used to Date Program Name 98057-10 S -0- Water and Sewer Bonds- Since 2000 Project Numbs - Remaining Balance Fuad BUDGET REVIEW: &Budgeted Item _ Budget Adjuiuoeot Attached Budget Manager Administrative Services D'we= CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Dare purabasing Officer Data STAFF RECOMMENDATION: Approval of the Resolution and Budget Adjustrwat Division Head Doe - cross � Department Director bate New Item: Ya No • Administrative Service Director - Date Prey Ord/Res 6% Maya Dtec Orig Contract Data Wastewater System . . C. 3. Page I Page 2 • STAFF REVIEW FORM Description Meeting Date Comments: Reference Cormmentr Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordimtar Intenial Auditor • . Wastewater System C. 3. Page 3. FAYETTEVMLE, ARKANSAS PUBLIC WORKS DEPARTMENT ADMINISTRATIVE CORRESPONDENCE TO: Mayor Dan Coody and City Council City of Fayetteville, Arkansas FROM: Greg Boettcher, Public Works Director DATE: December 28, 2001 RE: Wastewater System Improvement Project McGoodwin, Williams and Yates, Inc. Engineering Contract Amendment ® BACKGROUND The O*ty of Fayetteville (OWNER) and McGoodwin, Williams and Yates, Inc. (ENGINEER) entered into an agreement for engineering services (New Westside Treatment Facility -Study, Preliminary Design and Report) on March 21, 2000, the contract's total compensation for authorized services being $955,302.00. This contract covers two phases of Engineering Services, the first being the aforementioned •Study, Preliminary Design and Report-Section IV.(A) and the second phase being the `Detailed Design and preparation of Construction Plans and Specifications-Section W.(B). Only the first phase services were negotiated and authorized by the City of Fayetteville. The engineering contract terms specifically noted that the compensation set forth in the agreement did not include costs for services associated with the requirements of the State Revolving Loan Funding Program. In addition, the agreement's terms specifically required all changes, modifications or amendments in scope, price or fees to be addressed by a formal contract amendment that is approved by the Mayor and City Council in advance of the change in scope, cost or fees. The ENGINEER in the performance of the authorized services, subcontracted with other engineering and technical consultants to fulfill the scope of work. The listing of subcontract parties and their subcontract values are as follows: Boyle Engineering $ 99,985.00 Webster Environmental $ 839820.00 Hamfin Associates S 98,252.00 Environmental Consulting $ 179086,00 Grubs and Hoskyn $ 149000.00 • MJ. Harden $109980.00 Environmental Services 533,170.00 . Wastewater System • . C. 3. Page 4. A copy of the Engineering Cost Summary, as set out with the engineering agreement of March 21, 2000 is included as Exhibit 'A". This engineering services contract was one of four contracts covering a comprehensive wastewater system improvement project (PROJECT) for the City of Fayetteville. Other consultants and PROJECT sub- . elements included: RJN Engineers-West Side Collection System, Black and Veatch Engineers-Paul Noland Wastewater Treatment Plant and Garver Engineers- East Side Collection System. The City of Fayetteville did elect to finance the Wastewater System Improvement Project using the State Revolving Loan Fund as administered by the Arkansas Soil and Water Conservation Commission. This funding program does impose additional engineering, environmental and administrative burdens upon both the OWNER and ENGINEER. The ENGINEER has recently submitted a request for a contract amendment to cover the alleged changes, modifications and amendments in scope, price and fees..' The requested contract amendment represents an increase of $578,517.52, changing the contract amount from $955,302.00 to $19533,819.52. DISCUSSION The information submitted by the ENGINEER has been summarized in the spreadsheet included herewith . as Exhibit °B'. This spreadsheet includes the original contract budget amounts, the current costs in each category as of December 2001 and the anticipated final costs to complete the facility planning/permitdng/administrative tasks now underway or needed to complete the facility planning process. Following is a brief description of each cost category as to (1). nature of services provided, (2). . scope of original services and (3). alleged additional services for which extra compensation is requested: 1. McGoodwin. Williams and Yates. Inc:The authorized scope of engineering services related to the development of a preliminary design report for a new west side wastewater treatment plant, coordinating the plants preliminary design with the other engineering consultants already retained by the OWNER for associated elements of the PROJECT. The engineering services scope.was detailed in the agreement (Exhibit 'C ) and consisted of preliminary design activities including submission of a preliminary design report. The scope of services was reportedly expanded to include the following items, greatly increasing the level of effort: (a) Served as central coordinator for the PROJECT, (b) Expanded scope of engineering report from only the West Side Treatment Plant to include all four elements of the PROJECT including conformance with the requirements set by the Arkansas Soil and Water Conservation Commission for a (Wastewater Facility Plan, Preliminary Design Report, and Environmental Informational Document), (c) Assisted in the . coordination of and preparation of applications for funding from the State Revolving Loan Fund, (d) Developed and implemented planning for the Broyles Road Extension, (e) Administration of the expanded environmental permitting for the PROJECT, (f) Expanded investigations into the biosolids management planning for the PROJECT, including investigation of additional ' alternatives and coordination of recommended strategy, and (g) Special investigations into West Side Industrial loadings. The costs for these services are above the approved amount 2. Boyle Engineering-eering- The services of this sub-consultant related to the provision of specialized technical assistance of wastewater process evaluations, (selection and preliminary design). Due to the increased use of in-house resources of McGoodwin, Williams and Yates, Inc. the costs for sub-consultant services was below budgeted levels, with the unused budget amount being transferred to the services of the prime consultant • • Wastewater System C. 3. Page 5. 3. Webster Environmental-The services of this sub-consultant related to the provision of specialized technical assistance for odor control at the proposed West Side Treatment Plant, including assessment of odor potentials, evaluation of odor control alternatives and furnishing preliminary design recommendations for the selected odor control system. The costs for these sub-consultant services were below budgeted levels, with the unused budget amount being transferred to the services of the prime consultant 4, Environmental Consulting Operations (ECO)-The original scope of services of this sub-consultant related to the provision of specialized environmental assistance for the permitting of the proposed West Side Wastewater Treatment Plant The scope of this sub-consultants work was reportedly expanded, greatly increasing the level of effort, including the following activities: (a) Expanded environmental permitting scope from the West Side Treatment Plant to include all four elements of the PROJECT, (b) Increased the scope of the Corps of Engineers 404 permitting from only the West Side Treatment Plant to include permitting for all four elements of the PROJECT, allowing continuity of activities and eliminating duplicated efforts by the other consultants, (c) Initiated work on the NPDES Storm Water Permit for the PROJECT, (d) Added the development of an Environmental Information Document (EID) to the scope of work, said EID addressing the entire PROJECT; the development of the EID being'a specific requirement of the Revolving Loan Fund under the Arkansas Soil and Water Conservation Commission, (e) Participated in the public information program for the PROJECT funding, including attendance at public meetings, providing environmental information and justifications for the PROJECT and assisting in the dissemination of accurate environmental information about the PROJECT, (f) Assisted in the evaluation of and development of Candidate Conservation Agreement (CCA) for the PROJECT, ® to address prospective endangered species concerns, (g) Provided specialized environmattal guidance regarding the environmental issues surrounding the planned construction at the former Research and Technology Park along Highway 540, including preliminary evaluations of site conditions, site issues and possible mitigation measures. A more detailed description of the services provided by ECO is detailed in the correspondence dated November 27, 2001, a copy of which is included as Exhibit 613". The costs for these sub-consultant services are above the approved amount 5. M.J. Harden-The services of this sub-consultant related to the provision of current aerial photography for the West Side Treatment Plant Site, to support the preliminary engineering activities. The costs for these sub-consultant services were at budgeted level 6. Grubbs-Hoskvn- The original scope services of this sub-consultant related to the performance of geotechnical services associated with the preliminary design of the West Side Wastewater Treatment Plant The costs for these sub-consultant services were below budgeted levels, with the reused budget amount being transferred to the services of the prime consultant 7. Hanifin Associates- The services of this sub-consultant related to the provision of professional guidance in the development of a public information program for the proposed West Side Wastewater Treatment Plant, including development of a methodology for the public involvement, arranging three public meetings to discuss the proposed new treatment plant and coordination of the program with others concerned The scope of work by this sub-consultant was allegedly expanded to include such areas of additional work as: (a) Expansion of the public information scope from the West Side Wastewater Treatment Plant to include the entire • PROJECT, (b) Increasing the extent of public informational meetings from the initially planned three meetings to approximately sixteen public information meetings, (c) Expanding and Wastewater System • • C. 3. Page 6. formalizing the public involvement program to meet the specific requirements for Facility Planning/State Revolving Loan under the regulations of the Arkansas Soil and Water Conservation Commission, (d) Expanding the scope of the public information program to include the provision of written information/graphics/handouts to inform the public on the proposed Sales Tax Bond Issue held in November of 2001, (e) Expanding the scope of the public information program to include the use of video and web site mediums, and (f) Development of communication resources/tools/criterion to improve the effectiveness and clarity of the information presented to the public on the PROJECT. A more detailed description of the services provided by Hanifin Associates is detailed in the correspondence dated October 15, 2001, a copy of which is included as Exhibit "E". The costs for these sub-consultant services are above the approved amount. 8. Environmental Services Comvanv-The services of this sub-consultant relate to the laboratory testing to provide background data for the preliminary design of the West Side Wastewater Treatment Plant. This work included water testing, sludge testing and sub-system raw wastewater testing. The costs for these sub-consultant services were below budgeted levels, with the unused budget amount being transferred to the services of the prime consultant. 9. Reed and Associates-The services of this' subconsultant were not included in the original scope of work of the engineering consultant. This sub-consultant provided a detailed land appraisal report that evaluated the effects of wastewater treatment plants upon the values of surrounding properties. The appraisal fine researched the values of specific properties, comparing their value prior to and after the construction of a wastewater treatment plant in their immediate vicinity. The analysis found no loss of land value when a wastewater plant was constructed near a private property. This analysis was not included in the original scope of work. 10. Sponsored Research (Arkansas Archaeological Survev)-The services of this sub-consultant were not included in the original scope of work of the engineering consultant. This sub-consultant's services are now needed to survey the PROJECT construction areas for the presence of historical and archaeological resources. The Arkansas State Historic Preservation Officer has required that the PROJECT include a Cultural Resources Survey, hence, the need for this sub-consultant. This sub-consultant utilizes local resources from the Ugiversity of Arkansas and is an approved provider of Cultural Resource Survey Services. This survey was not included in the original scope of work. 11. TW -The services of this, sub-consultant were required to assess the flooding potentials of the proposed West Side Wastewater Treatment Plant. The flood mapping for the proposed plant site did not have specific 100-year flood elevations, as required for the design of wastewater treatment facilities. The new facilities must be able to withstand a 100-year flood without damages to equipment and structures. This sub-consultant performed a detailed hydrologic study of the site and established the design 100-year flood elevaltion. This analysis was not included in the original scope of wont Recommendation The final decision regarding any proposed contract amendment rests with the Fayetteville City Council. A review of the terms and conditions of the engineering services agreement finds that the City has no contractual obligation to approve the increased costs, as all changes in scope, costs and fees required prior approval. From a more liberal perspective, however, it is recognized that the scope of the PROJECT has • changed as a result of the decision to use the Revolving Loan Fund to finance the PROJECT;increasing