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HomeMy WebLinkAbout2002-02-05 - Agendas - Final , FAYETTEVI & E • THE CITY OF FAYETTEVILLE. ARKANSAS FINAL AGENDA CITY COUNCIL FEBRUARY 5, 2002 A meeting of the Fayetteville City Council will be held on February 5, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. AWARDS PRESENTATION NOMINATING COMMITTEE REPORT: -The confirmation of the appointment of Janet Richardson to the Fayetteville Housing Authority Board of Commissioners. -The appointment of Tommy Deweese to the NW Regional Airport Board. A. CONSENT AGENDA • 1 , APPROVAL OF THE MINUTES: 2, RIDGEWAY WATER LINE: A resolution approving a construction contract with Fayette Tree & Trench, Inc. for E. Ridgeway area water line replacements project in the amount of $248,295 . A project contingency amount of $37,244 ( 15%), and approval of a budget adjustment. 3. BUTTERFIELD TRAIL VILLAGE: $23,000,000 Fayetteville Public Facilities Board Revenue Refunding Bonds, Series 2002. 4, DUNCAN AND ASSOCIATES: A resolution approving a change order in the amount of $7,500 for five additional "person-days" for Duncan Associates to attend additional impact fee meetings and approval of a budget adjustment. 5. AIRPORT TAXIWAY EXTENSION : A resolution approving Amendment No. 2 to the agreement with McClelland Engineering for engineering services in the amount of $ 116,730 and approval of Task Order No. 9, Engineering and Construction Observation for Taxiway "A" Extension. 6. FOREST SERVICE : A resolution approving an lease agreement with USDA • Forest Service in the amount of$28, 160.00 for the lease of 12.8 acres of Fayetteville Municipal Airport property and the approval of a budget adjustment. 113 WEST MOUNTAIN 72701 501 521-7700 1 7. OMI: A resolution approving Amendment No. 7 to OMI's contract for operation and maintenance of the Wastewater Treatment Facilities, the annual contract amount for • 2002 being $3,845,957.00, including a fixed fee of $91 , 128.00, non-overwrite costs for odor control of $ 196,080. and Phase IV SCADA upgrade of $44,000.00. Approval of a budget adjustment is also requested. 8. AIRPORT: A resolution approving a grant agreement up to $200,000 plus a 10% contingency. Upon grant approval contracts will be submitted to City Council for approval. 9. BLOCK GRANT: A resolution approving the 2001 Juvenile Accountability Incentive Block Grant Program application and attached budget adjustment. This grant is in the amount of$34,440 plus a 10% match requirement of$3,827 for a total of $38,267. The proposed use of these grant funds is for software and equipment. 10. WRMC: A resolution authorizing the Mayor to execute a contract for the purchase of real property from Washington Regional Medicorp for the new city library in the amount of $268,000. B. OLD BUSINESS 1 . CIVIL SERVICE VETO: Veto of Civil Service Ordinance. • 2. MOTOR VEHICULAR RACEWAYS: An ordinance to regulate motor vehicular raceways. The ordinance was left on the second reading as amended at the January 15, 2002 meeting. 3. CABLE RATES: A resolution expressing the City Council's opposition to the proposed seventy-five percent rate increase for basic cable television service proposed by Cox Communications, Inc. The item was tabled at the January 2, 2002, meeting. C. NEW BUSINESS 1 , RZN 02-1 .00: An ordinance approving RZN 02-1 .00 as submitted by Robert Schmitt for property located at 1140 Hendrix and 1110 Hendrix. The property is zoned R- 1 , Low Density Residential, and contains approximately 1 .36 acres. The request is to rezone to R- 1 .5, Moderate Density Residential. • • 2. RZN 02-2.00: An ordinance approving rezoning request RZN 02-2.00 as submitted by Craig Hull of Nickle-Hill Group on behalf of Andy Bethell for property located at the northeast comer of Joyce Blvd. and Crossover Road. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 1 .94 acres. The request is to rezone to C-2, Thoroughfare Commercial. 3, RZN 02-3.00: An ordinance approving rezoning request RZN 02-3 .00 as submitted by Bob Hill of Nickle-Hill Group on behalf of Al and Lucile Cathcart and Anne England for property located at 2684 W. Sixth Street. The property is zoned R-O, Residential Office and C-2, Thoroughfare Commercial and contains approximately 4.75 acres. The request is to rezone the entire tract to C-2, Thoroughfare Commercial. 4. ADM O1-39.00: An ordinance approving ADM 01 -39.00 to revise the Flood Damage Prevention Code by adding / revising the setback required from a stream bank in Zone A and Zone X flood zones as shown on the FEMA Flood Insurance Rate Map. 5, LIBRARY: An ordinance waiving the requirement of competitive bidding in the burial of utilities for new Fayetteville Public Library. 6, BOYS AND GIRLS CLUB: A resolution to waive the building permit fees and • other developmental fees for the construction of the new Fayetteville Boys and Girls Club. 7, EGIS CONSULTING: A resolution approving Amendment No. 2 in the amount of $55,700 to the contract with EGIS Consulting for additional services and deleting $ 134,946 from Amendment No. 1 . 8, ARKANSAS BUSINESS TECHNOLOGY PARK: A resolution approving a contract with McClelland Engineering for design, bidding, and construction phase administration in the development of the preliminary plat of Phase I for the Arkansas Business Technology Park. Fee will be based on a per hour charge, not to exceed $ 128, 158 and approval of a budget adjustment. 9. DUKE SOLUTIONS AND HARMONY PRODUCTS: A resolution approving a proposal for solids supply agreement to negotiate with Duke Solutions and Harmony Products. 10. WASTEWATER SYSTEM: A resolution approving a Consultant Contract Amendment for the Wastewater System Improvement Project in the amount of not more than $578,918.24, and approval of a budget adjustment. • City Council February 5 , 2002 �Looe� ago . 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AWARDS PRESENTATION�Fe4e, y (/ S7�`Y� NOMINATING COMMITTEE REPORT: -The confirmation of the appointment of Janet Richardson to the Fayetteville Housing Authority Board of Commissioners. -The appointment of Tommy Dewecse to the NW Regional Airport Board. A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: 2. ✓RIDGEWAY WATER LINE: A resolution approving a construction contract with Fayette Tree & Trench, Inc. for E. Ridgeway area water line replacements project in the amount of 5248,295 . A project contingency amount of $37,244 ( 15%), and approval of a budget adjustment. 3. v�!§UTTERFIELD TRAIL VILLAGE: $23,000,000 Fayetteville Public Facilities Board Revenue Refunding Bonds, Series 2002. 4. ✓6UNCAN AND ASSOCIATES: A resolution approving a change order in the amount of $7,500 for five additional "person-days" for Duncan Associates to attend additional impact fee meetings and approval of a budget adjustment. 5. ✓AIRPORT TAXIWAY EXTENSION: A resolution approving Amendment No. 2 to the agreement with McClelland Engineering for engineering services in the amount of $ 116,730 and approval of Task Order No. 9, Engineering and Construction Observation for Taxiway "A" Extension. 6, 0FOREST SERVICE : A resolution approving an lease agreement with USDA Forest Service in the amount of$28, 160.00 for the lease of 12 .8 acres of Fayetteville Municipal Airport property and the approval of a budget adjustment. 113 WEST MOUNTAIN 72701 501 521.7700 FAX 501575-8257 � a r 7. ,/OMI: A resolution approving Amendment No. 7 to OMI's contract for operation and maintenance of the Wastewater Treatment Facilities, the annual contract amount for 2002 being $3,845,957.00, including a fixed fee of$91 , 128.00, non-overwrite costs for odor control of $ 196,080. and Phase IV SCADA upgrade of $44,000.00. Approval of a budget adjustment is also requested. 8. ✓AIRPORT: A resolution approving a grant agreement up to $200,000 plus a 10% contingency. Upon grant approval contracts will be submitted to City Council for approval. 9. ✓BLOCK GRANT: A resolution approving the 2001 Juvenile Accountability Incentive Block Grant Program application and attached budget adjustment. This grant is in the amount of$34,440 plus a 10% match requirement of$3,827 for a total of $38,267. The proposed use of these grant funds is for software and equipment. 10. .4WRMC: A resolution authorizing the Mayor to execute a contract for the purchase of real property from Washington Regional Medicorp for the new city library in the amount of $268,000. B. OLD BUSINESS �W 1. CIVIL SERVICE VETO: Veto of Civil Service Ordinance 2. /,/,//MOTOR VEHICULAR RACEWAYS: An ordinance to regulate motor vehicular 00� raceways. The ordinance was left on the second reading as amended at the January 15, 2002 meeting. 3. CABLE RATES: A resolution expressing the City Council's opposition to the proposed seventy-five percent rate increase for basic cable television service y�QIOP9 proposed by Cox Communications, Inc. The item was tabled at the January 2, 2002, ,\ meeting, .�T m 74, C. NEW BUSINESS 1/ RZN 02-1 .00: An ordinance approving RZN 02-1 .00 as submitted by Robert Schmitt for property located at 1140 Hendrix and 1110 Hendrix. The property is I �( � zoned R-1 , Low Density Residential, and contains approximately 1 .36 acres. The request is to rezone to R- 1 .5, Moderate Density Residential. Y ' : J 1 2, ✓RZN 02-2.00: An ordinance approving rezoning request RZN 02-2.00 as submitted by Craig Hull of Nickle-Hill Group on behalf of Andy Bethell for property located at the northeast corner of Joyce Blvd. and Crossover Road. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 1 .94 acres. The request / is to rezone to C-2, Thoroughfare Commercial. 3.J ZN 02-3.00: An ordinance approving rezoning request RZN 02-3 .00 as submitted by Bob Hill of Nickle-Hill Group on behalf of Al and Lucile Cathcart and Anne England for property located at 2684 W. Sixth Street. The property is zoned R-O, Residential Office and C-2, Thoroughfare Commercial and contains approximately 4.75 acres. The request is to rezone the entire tract to C-2, Thoroughfare Commercial. 4. ✓ADM 01 -39.00: An ordinance approving ADM 01 -39.00 to revise the Flood Damage Prevention Code by adding / revising the setback required from a stream bank in Zone A and Zone X flood zones as shown on the FEMA Flood Insurance Rate Map. ., . ✓ IBRARY: An ordinance waiving the requirement of competitive bidding in the ` burial of utilities for new Fayetteville Public Library. 6. BOYS AND GIRLS CLUB: A resolution to waive the building permit fees and pj other developmental fees for the construction of the new Fayetteville Boys and Girls ,- Club. 7, EGIS CONSULTING : A resolution approving Amendment No. 2 in the amount of $55,700 to the contract with EGIS Consulting for additional services and deleting $ 134,946 from Amendment No. 1 . 8, ARKANSAS BUSINESS TECHNOLOGY PARK: A resolution approving a 4 contract with McClelland Engineering for design, bidding, and construction phase n administration in the development of the preliminary plat of Phase I for the Arkansas J Business Technology Park. Fee will be based on a per hour charge, not to exceed $ 128, 158 and approval of a budget adjustment. �C7 9. DUKE SOLUTIONS AND HARMONY PRODUCTS : A resolution approving a proposal for solids supply agreement to negotiate with Duke Solutions and Harmony Products. 10. WASTEWATER SYSTEM: A resolution approving a Consultant Contract Amendment for the Wastewater System Improvement Project in the amount of not more than $578,918 .24, and approval of a budget adjustment. 1 � L . 30 FAYETTEA LLE TM CITY Of FAYFMVIUL AR"HSAS KIT WILLIAMS, CITY ATTORNEY -- DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor City Council Members FROM: Kit Williams, City Attorney DATE: December 26, 2001 RE: Cable rate increase for basic tier service only We misunderstood Alderman Zurcher's request concerning his opposition to the increase in the lowest level of cable service (Basic tier) . Alderman Zurcher called me and asked that I redraft the Resolution so that its passage would result in an actual legal challenge to the cable rate increase. I have done so, and attached hereto is the expanded Resolution. Under federal law, the City can only challenge increases in this lowest level of service. Cable companies can charge whatever they want for cable services above this lowest level. In light of Alderman Zurcher's new Resolution to require a legal challenge, I wanted to provide you a letter provided to me from the last person who conducted such an audit and challenge to a cable rate increase for us, Mr. Brian Grogan (our cable franchise negotiator and advisor) . I wrote to Mr. Grogan about this issue and three others in June once I found out about the proposed cable rate increase. His letter of June 26, 2001 addressing these issues is attached. Also attached is his letter of October 2, 2001 about this issue. I shared this letter with the Telecommunications Board and spoke with them at a couple of meetings about this issue. Attached is a memo from Marvin Hilton dated December 21 in which he reports to you that the Telecommunications Board voted unanimously not to recommend to the City Council that an audit of Cox's basic tier rate be undertaken. FAYETTEVILLE RQ CRYO► ►AYME"LL6 ARKA"M DEPARTMENTAL CORRESPONDENCE TO: MAYOR COODY AND CITY COUNCIL MEMBERS FROM: MARVIN HILTON, CABLE ADMINISTRATOR SUBJECT: CABLE BASIC RATE INCREASE DATE: DECEMBER 21 , 2001 The Telecommunications Board, at their October 18, 2001 meeting, voted 4-0 to not recommend to the City Council that a an audit of Cox's Basic Rate increase be done. In a July 10, 2001 letter, Cox included FCC forms 1240 and 1205 justifying the basic rate increase. This consists of 34 pages of complex accounting. The Telecommunications board, after discussing the rate increase at three of their meetings, decided that the several thousand dollars necessary to engage a specialist in the complex and esoteric process of auditing Cox's justification would not be money well spent. See the arached "Basic Rate and Channel Increase" CC: Hugh Earnest, Urban Development Director Kit Williams, City Attorney BASIC RATE AND CHANNEL INCREASE CURRENT PRICE OF LIMITED BASIC - $9.00 for 15 channels REBUILT PRICE OF LIMITED BASIC - $ 15.85 for 23 channels REBUILD LINE UP: '= added channel with rebuild 2-TBS SUPERSTATION •"= must- carry channels '3-ESPN 4-UPN/KFDF 5-KFSN/CBS• • • 6-KSBN/IND"• 7-KHOG/ABC•• • 8-K 15DR/FOX' • ' 9-KFAA/NBC• ' • 10-KOLR/CBS * 1 I -TV GUIDE CHANNEL 12-KTLJUABC 13-KAFT* ** 14-UATV 15-WGN 16-GOVERNMENT ACCESS 17-C-SPAN 18-PUBLIC ACCESS ' 19-HOME SHOPPING NET. •20-KWBS/PAX TV '21 -K45/FAMILY NET. •22-QVC '53-LEASED ACCESS •64-CABLE MART MOSS & BARNETT A Professional Association BRIAN T. GROGAN 4800 wells Fargo Center 612.347.0340 90 South Seventh Street GroganBQmoss-bamelt.com Mmneapolts. MN 55402-4129 Telephone 612.347 0300 Facsimile 612 .339.6686 www.moss-barneu corn VIA FACSIMILE AND U.S. MAIL June 26, 2001 Kit Williams, Esq. City Attorney 113 West Mountain, Room 302 Fayetteville, AR 72701 Re: Response to June 25, 2001 Leiter Dear Kit: I am in receipt of your letter of June 25, 2001 which encloses a memorandum prepared by Marvin Hilton, Cable Administrator for the City of Fayetteville ("City"). Mr. Hilton's memorandum addresses the following foto issues: I . Local Spanish Language Channel; 2. Cable Rate Increase;, 3 . PEG Channel Signal Quality; and 4. Telecommunications Board Review of Franchise Agreement, I will address these issues in the order in which they are presented. 1 . Local Spanish Language Channel. Recently, the City's Telecom Board listened to a presentation by a representative of a local Spanish speaking channel which is seeking carriage on Cox 's cable system. While Cox carries several Spanish speaking channels none of them are local. Mr. Hilton forwarded on a copy of the requirement from the Austin. Texas franchise which requires two Spanish language channels. Obviously, there are differences between the populations of Austin, Texas and Fayetteville, Arkansas, particularly with respect to the percentage of the population which is Hispanic. However, I see no problem with a franchising authority requiring the inclusion of certain foreign language channels to meet the needs and interests of the community. The important issue is how specific the City chooses to be in imposing such a requirement. For example, if the City seeks to impose a requirement that Cox provide a "local" Spanish speaking channel, chances are there is only one channel which will meet this criteria. This in essence is specifying a particular channel which Cox must .carry on the cable system which likely presents a concern. However, if the City chose to use more generic language similar to the Austin, Texas franchise, referencing the carriage of one or two Spanish language channels this should not present a problem although it MOSS & BARNETT A Professional Association Kit Williams, Esq. June 26, 2001 Page 2 would also not be likely to change the present channel lineup which already includes one or more Spanish speaking channels. I do not believe the City has authority to specify where on the channel lineup channels should be located nor can the City specify on which tier of service such a channel should be located. Federal law allows the City to require only a basic service tier which must include the local over the air broadcast stations as well as any PEG access channels. The cable operator has discretion to add any additional channels it chooses to the basic service tier and to otherwise rearrange and retier channels at its sole discretion. In my experience it is generally not a good policy for the City to become involved in programming disputes because there is simply no limit to the number of channels which various segments of the Fayetteville population are interested in. City's which have previously fought for WGN seeking to provide Cubs baseball and Bulls basketball programming have later found difficulty trying to explain to a minority group or religious group why the City will not take up programming issues on their behalf. By limiting the City's involvement to include certain "broad categories of video programming" the City will be establishing a reasoned public policy without becoming embroiled in a no win situation with respect to the programming lineup. In addition, the City will avoid the inevitable battle with Cox regarding Cox 's first amendment right to select the programming lineup it chooses. 2. Cable Rate Increase. As we discussed on the telephone, Cox has the right to adjust its rates to reflect inflation, cost of living and other external costs, the addition or deletion of a specific program from a service offering, the addition or deletion of specific channels from an existing service tier, the restructuring or division of existing tiers of service or the adjustment of rates as a result of the addition, deletion or substitution of channels. 47 C.F.R. § 76.922. However, 47 C.F.R. § 76.981 also provides that such changes listed above are impermissible if they constitute a fundamental corporate change in the nature of an existing service or tier of service. One argument which the City could set forth is that the extraordinary increase in the basic service tier and the large increase in the number of channels to be now provided over the basic service tier constitutes a "negative option." While I am not aware of any reported cases by the FCC regarding this issue it is certainly possible the City could pursue such a claim. The theory would be that individuals who subscribe to only the basic service tier are not being provided a choice and certainly have never affirmatively requested the additional channels and fees. We would need to investigate further whether a subscriber has the option of canceling their service as a result of the proposed rate increase without incurring any disconnection or downgrade fees. To the extent Cox charges disconnection or downgrade fees, subscribers are clearly placed in a no win situation. • MOSS & BARNETT A Professional Associarion Kit Williams, Esq. June 26, 2001 Page 3 The only tier of service which remains subject to rate regulation is the basic service tier and associated equipment and installation charges. All other tiers of service and offerings provided by Cox are free from rate regulation. In order to regulate rates the City must review FCC forms submitted by Cox which are intended to provide justification for the basic service tier rate. The form generally calculates a per channel rate which when multiplied by the total number of channels provides the overall basic service tier rate. The main question for the City is whether the cost of reviewing the basic service tier rates and/or fighting a claim regarding a negative option violation would be worth it to the City. If only a small percentage of overall cable customers are effected, it is possible the costs of undertaking such a review and challenge could outweigh the true benefits to the City and its residents. Finally, with respect to the $214,520 refund referenced in Mr. Hilton's materials, generally such amounts are addressed in subsequent rate filings by providing an offset from otherwise permissible rate increases. Based on the information presently before me I am unable to determine the status of this issue and therefore I have instructed my assistant to contact the FCC to obtain further clarification. As soon as we received word on this matter I will forward the results to your attention. 3. PEG Channel Signal Quality. This issue is being addressed in the franchise negotiations although final agreement has yet to be achieved. Cox has argued that the rebuild of its cable system should result in improved picture quality both on the downstream distribution portion of the system which goes from Cox's headend to subscriber's homes as well as the associated return paths which would extend from the City's administration building and the PEG center building. In the ongoing negotiations with Cox we will continue to address the return paths referenced by Mr. Hilton to ensure improved signal quality. 4. Review of Franchise Agreement by the Telecommunications Board. As you and I have discussed, my client is the City of Fayetteville, Arkansas and you serve as my contact for the City. I recognize you are obtaining input from both staff and elected officials and I will leave to your judgment how best to weigh input from the various groups within the City. Previously, the Telecommunications Board has served as a valuable resource to City officials although I recall there has not always been complete agreement between the Telecommunications Board, City Council, Mayor, City staff and City attorney's office. I am certainly happy to assist in addressing any proposed changes which the Telecommunications Board may suggest, however, I will continue to look to your office for the final word unless otherwise instructed. MOSS & BARNETT A Professional Association Kit Williams, Esq. June 26, 2001 Page 4 I hope this letter is responsive to the issues presented within your June 25, 2001 correspondence. If I can provide any additional information or assistance, please feel free to contact me. Otherwise, I look forward to discussing with you a plan of strategy to move forward in the renewal process and ultimately bring a franchise agreement before your City council for review and consideration. Very truly yours, /32 c Brian T. Grogan BTG/tlh 431864/1 Oct-03-01 06 :50a Fro-MOSS & BA RKTT ♦4000 T-082 P . 02/02 F-221 MO • & BARNFTT A P (0ff3S10n's1 A,.o.r.l..+ n *&v wells Fargo C.tnte swim T. Oaoam 90 iwd, Seventh Sum. 6123470340 MmncgMs Mn 55402.. 124 ("npPnBamoss-bamen_com Tckphouc (;12 N7 ON Facumdo o 0 33v mho ...r,. mvs,-e.rncu wrt VIA FACSIMILE AND U.S. MAIL October 2, 2001 Kit Williams, Esq. 113 West Mountain Room 302 Fayetteville, AR 72701 Re: Cable Television Rate Regulations — City of Fayetteville, Arkansag ("City") Dear Kit: pursuant w our telephone conversation you requested that I prepare a brief letter to your attention regarding the status of the City's rate regulation efforts in 1994. At that time the City retained Moss & Bamen to review FCC forms submitted by the City's cable operator with respect to the rates for cable service. In 1994 Time Warner Cable served the City and was required by federal law to submit FCC Forms 12009 1205 and 1215. These forms outlined The maximum permitted rates which Time Warner was authorized to charge to Fayetteville subscribers with respect to the Basic Service Tier, Cable Programming Services Tier (aWa Expanded Basic Cable) and the charges for remote controls, converters and installations. Moss & Barnett submitted a report to the City on December 6, 1994 which included a recommended rate order with respect to Time Warner Cable's proposed rates. The rate form identified The maximum permitted rates to be charged. Rates charged by Time Warner Cable in excess of the maximum permitted rates were to be refimded to subscribers and/or credited in subsequent rate filings. However, it is possible Time Warner Cable's rates were at or below the maximum permitted levels and therefore no refunds or credits would be due. Our records do not include copies of Time Warner Cable's subsequent rate filings and therefore we are unable to verify whether any refunds or credits were applicable. Shue that time, franchising authorities have lost the right to regulate the rates for the Expanded Basic Tier. Therefore, the only remaining tier subject to the City's regulatory authority is the Basic Service Tier. Given that FCC regulations specify benchmark rates for the Basic Service Tier based on a per channel formula, the City has very little ability to require a reduction in Basic Service Tier rates if Cox complies with the FCC formula. I hope this letter is responsive to the questions you have raised. If you should have any further questions or if I can provide any additional information or assistance, please feel free to contact me. Very truly yours, Bf gad ` BTGAIKIi50WI a 015 03 Cit of Fayetteville 2 / 07 / 2002 1 / 01 / 2002 - 2 / 28 / 2002 Maintenance / Inquiry • 13 : 43 : 07 Exp . . : - 7 Matches Cont . : - ORD Sel - ( B =Browse ) Sel , Ref . Date Item Action Brief Description ( P = Print ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ ORD 1 / 02 / 2002 4358 AMEND CHAPTER 34 / FINANCE & REVENUE _ ORD 1 / 02 / 2002 4359 ANX 01 - 5 . 00 /DOUBLE SPGS RD/OWL CRK _ ORD 1 / 02 / 2002 4360 RZN 01 - 24 . 00 /DOUBLE SPGS & OWL CRR _ ORD 1 / 02 / 2002 4361 RZN 01 - 27 . 00 /DOUBLE SPRNGS /OWL CRK _ ORD 1 / 02 / 2002 4362 RZN 01 - 26 . 00 / SHILOH DR & PORTER RD _ ORD 1 / 02 / 2002 X6.3 RZN 01 - 28 . 00 / SHILOH DRIVE & PORTER ORD 1 / 15 / 2002 4365 RESEARCH AND TECHNOLOGY PARK Ve o h y YYl pyo 2 _ 6 - Ib - oz Page 1 of 1 Cmdl - Return Roll Keys Cmd3 - End Press ' ENTER ' to Continue ( c ) 1986 - 1992 Munimetrix Systems Corp . 015 03 Cit of Fayetteville 2 / 07 / 2002 1 / 01 / 2002 - 2 / 28 / 2002 Maintenance / Inquiry • 13 : 42 : 45 Exp . . : - 8 Matches Cont . : - RES Sel - ( B=Browse ) Sel Ref . Date Item Action Brief Description ( P= Print ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ RES 1 / 02 / 2002 1 - 02 CRICKET AGREEMENT LEASE _ RES 1 / 02 / 2002 2 - 02 ADVANTAGE ARKANSAS PROGRAM _ RES 1/ 15 / 2002 3 - 02 ELIMINATION OF PUBLIC PARKING _ RES 1 / 15 / 2002 4 - 02 WAIVE BUILDING PERMIT FEE/HABITAT _ RES 1 / 15 / 2002 5 - 02 WAIVE BUILDING PERMIT FEE _ RES 1 / 15 / 2002 6 - 02 WASTE/RECYCLING RECEPTACLES _ RES 1/ 15 / 2002 7 - 02 SOFTWARE AND IMPLEMENTATION SEVICES RES 1 / 15 / 2002 8 - 02 HALF TIME EQUIVALNT POSITION/ FLEET Page 1 of 1 Cmdl - Return Roll Keys Cmd3 - End Press ' ENTER ' to Continue ( c ) 1986 - 1992 Munimetrix Systems Corp . FAYETTEV *jLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL FEBRUARY 5, 2002 A meeting of the Fayetteville City Council will be held on February 5, 2002 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. AWARDS PRESENTATION (/pe � J � FiltD> ✓/� � NOMINATING COMMITTEE REPORT: -The confirmation of the appointment of Janet Richardson to the Fayetteville Y ° Housing Authority Board of Commissioners. -The appointment of Tommy Deweese to the NW Regional Airport Board. A. ONSENT AGENDA 1 . APPROVAL OF THE MINUTES: . 2. RIDGEWAY WATER LINE: A resolution approving a construction contract with Fayette Tree & Trench, Inc. for E. Ridgeway area water line replacements project in the amount of $248,295 . A project contingency amount of $37,244 ( 15%), and approval of a budget adjustment. E / - 3, BUTTERFIELD TRAIL VILLAGE: S23,000,000 Fayetteville Public Facilities Board Revenue Refunding Bonds, Series 2002. - Z : A resolution approving a change order in the amount of$7,500 for five additional "person-days" for Duncan Associates to attend additional impact fee meetings and approval of a budget adjustment. ES . 1,922Z 55, AIRPORIJEAMWAYEX.TENSION : A resolution approving Amendment No. 2 to the agreement with McClelland Engineering for engineering services in the amount of $ 116,730 and approval of Task Order No. 9, Engineering and Construction Observation for Taxiway "A" Extension. AS FOREST SERVICE : A resolution approving an lease agreement with USDA Forest Service in the amount of$28, 160.00 for the lease of 12 .8 acres of Fayetteville Municipal Airport property and the approval of a budget adjustment. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 • • R A resolution approving Amendment No. 7 to OMI's contract for operation and maintenance of the Wastewater Treatment Facilities, the annual contract amount for 2002 being $3,845,957.00, including a fixed fee of$91 , 128.00, non-overwrite costs for odor control of $ 196,080. and Phase IV SCADA upgrade of $44,000.00. �,� Approval of a budget adjustment is also requested. =Q .$,._.A,IRP_ORT: A resolution approving a grant agreement up to $200,000 plus a 10% contingency. Upon grant approval contracts will be submitted to City Council for approval. 9. BLOCK_ .GRANT: A resolution approving the 2001 Juvenile Accountability Incentive Block Grant Program application and attached budget adjustment. This grant is in the amount of$34,440 plus a 10% match requirement of$3,827 for a total of $38,267. The proposed use of these grant fimds is for software and equipment. 10. WR MC: A resolution authorizing the Mayor to execute a contract for the purchase of real property from Washington Regional Medicorp for the new city library in the amount of $268,000. B. OLD BUSINESS 1 1. CIVIL SERVICE VETO: Veto of Civil Service Ordinance. P ORn � -3/„ /a 2. MOTOR VEHICULARKRACEWAYS: An ordinance to regulate motor vehicular raceways. The ordinance was left on the second reading as amended at the January 15, 2002 meeting. !1 3. CABLE RATES: A resolution expressing the City Council's opposition to the / (joai?w4o' C7 . C - �� proposed seventy-five percent rate increase for basic cable television service proposed by Cox Communications, Inc. The item was tabled at the January 2, 2002, meeting. C. NEW BUSINESS s = RZN 02 1 .00: An ordinance approving RZN 02- 1 .00 as submitted by Robert Schmitt for property located at 1140 Hendrix and 1110 Hendrix. The property is zoned R- 1 , Low Density Residential, and contains approximately 1 .36 acres. The request is to rezone to R- 1 .5, Moderate Density Residential. UCr n VFt r'X4X5 kgfib, X92 RZN 02-2.00: An ordinance approving rezoning request RZN 02-2.00 as submitted by Craig Hull of Nickle-Hill Group on behalf of Andy Bethell for property located at the northeast comer of Joyce Blvd. and Crossover Road. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 1 .94 acres. The request is to rezone to C-2, Thoroughfare Commercial. RZN Oji 09: An ordinance approving rezoning request RZN 02-3.00 as submitted by Bob Hill of Nickle-Hill Group on behalf of Al and Lucile Cathcart and Anne England for property located at 2684 W. Sixth Street. The property is zoned R-O, Residential Office and C-2, Thoroughfare Commercial and contains approximately 4.75 acres. The request is to rezone the entire tract to C-2, Thoroughfare Commercial. 3 4. ADM 01 -39.00: An ordinance approving ADM 01 -39.00 to revise the Flood Damage Prevention Code by adding / revising the setback required from a stream bank in Zone A and Zone X flood zones as shown on the FEMA Flood Insurance Rate Map. 5. LIBRARY: An ordinance waiving the requirement of competitive bidding in the burial of utilities for new Fayetteville Public Library. E.5 . ��' OZ 6. OYS AND GIRLS CLUB: A resolution to waive the building permit fees and other developmental fees for the construction of the new Fayetteville Boys and Girls Club. ES • -e9EGIS CONSULTING: A resolution approving Amendment No. 2 in the amount of $55,700 to the contract with EGIS Consulting for additional services and deleting $ 134,946 from Amendment No. 1 . Lrl Lz/"t?-'G`6a c' Q 8, ARKANSAS BUSINESS TECHNOLOGY PARK: A resolution approving a contract with McClelland Engineering for design, bidding, and construction phase administration in the development of the preliminary plat of Phase I for the Arkansas Business Technology Park. Fee will be based on a per hour charge, not to exceed $ 128, 158 and approval of a budget adjustment. e I ES . .7i01� 91 DUKE SOLUTIONS AND HARMONY PRODUCTS: A resolution approving a proposal for solids supply agreement to negotiate with Duke Solutions and Harmony Products. 10a WASTEWATER SYSTEM : A resolution approving a Consultant Contract Amendment for the Wastewater System Improvement Project in the amount of not more than 5578,941$.24; and approval of a budget adjustment. -eooO . 5 �o NOMINATING COMMITTEE. REPORT The confirmation of the appointment of Janet Richardson to the Fayetteville Housing Authority Board of Commissioners. The appointment of Tommy Deweese to the Northwest Regional Airport Board.