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Home My WebLink About2003-12-02 - Agendas - Final Final Agenda For City Council Meeting December 2, 2003 A meeting of the Fayetteville City Council will be held on December 2, 2003 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: 1 . Approval Of The Minutes : Approval of the October 21 , 2003 and November 18, 2003 meeting minutes. 2. Police Department Policy — Racial Profiling Prohibited : A resolution to adopt a Fayetteville Police Department Policy prohibiting racial profiling. 3. APAC Arkansas Inc; Church Avenue Retaining Wall: A resolution awarding Bid # 03-66 to APAC-Arkansas Inc. in the amount of Twenty-Eight Thousand Fifteen Dollars ($28,015 .00) to replace a retaining wall at the Church Avenue employee parking lot; and approving a project contingency in the amount of Two Thousand Eight Hundred One Dollars ($2,801 .00). 4. Garver Engineers, LLC; Mount Sequoyah Water and Sewer Improvements Project: A resolution approving a contract in the amount of Sixty-Eight Thousand Three Hundred Dollars ($68,300.00) with Garver Engineers, LLC for engineering services relating to the Mount Sequoyah Water and Sewer Improvements Project. 5. Cross Keys Subdivision — Park Land Dedication — Money in lieu of land : A resolution accepting the Parks and Recreation Advisory Board's recommendation to accept $58,830.00 cash in lieu of the required park land dedication for Cross Keys , Subdivision. 6. Fleet Purchase of 2 Expeditions for the Police Department: A resolution approving the purchase of two Ford Expeditions from Landers Ford at State contract prices for a total cost of $56,322.00 for use as police K-9 units. 7. Special Election for the Referendum Election on Ordinance No. 4512 : A resolution setting the date for the Special Election for the Referendum Election on Ordinance No. 4512 which amended §95 .05 of the Fayetteville Code to Regulate Smoking In Most Public Places And Places Of Employment and requesting the Washington County Board of Election Commissioners to place this referendum on the ballot. B. OLD BUSINESS : 1 . Amend Chapter 51 .136 Monthly Water Rates: An ordinance amending Chapter 51 , Water and Sewers, of the Code of Fayetteville, to change nomenclature; and adjust water and sewer rates. This Ordinance was left on the second reading at the October 7, 2003 City Council meeting. This Ordinance was tabled at the November 18, 2003 City Council meeting to the December 2, 2003 City Council meeting. 2. 2004 Annual Budget: A resolution adopting the proposed 2004 Annual Budget & Work Program and the 2004-2008 Capital Improvement Program. This Resolution was tabled at the November 18, 2003 City Council meeting until the December 2, 2003 City Council meeting. 3. Public Hearing Raze and Removal 226 North School Avenue: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by. Timothy C. and Christine Klinger located at 226 N. School Avenue in the City of Fayetteville, Arkansas. C. NEW BUSINESS: 1 . Raze and Removal 1905 S. Brower. Avenue: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Jonathan M. and Jennifer L. Rich located at 1905 S. Brower Avenue in the City of Fayetteville, Arkansas. 2. VAC 03-12.00 Combs Street Church of Christ: An ordinance approving VAC 03- 12.00 to vacate and abandon a portion of 4`h Street right of way, City of Fayetteville, Washington County, Arkansas as described on the attached map and legal description. 3. Hay Group 2004 Salary Recommendation : A resolution adopting the Hay Group's recommendation in the 2003 compensation practices update; implementing 50% of the recommendation in January 2004 and the remaining 50% in January 2005 ; and approving the 2004 city and employee premium amounts for the group medical plan 4. ADM 03-29.00 Amend Master Street plan — Cliffs Boulevard Eastern Extension: A resolution approving ADM 03-29.00 amending the Master Street Plan by removing the Eastern extension of Cliffs Blvd. between Crossover Road and Starr Drive. D. INFORMATIONAL: December 1 , 2003 — Council Tour l Meeting of December 2, 2000 lktd/ c -le '02� M. Subject: Motion To: Motion By: Seconded: Cook Marr Rhoads Davis Lucas Jordan Reynolds ✓ Thiel 1 Mayor Coody Subject: Motion To: ^ l Motion By: MSU Seconded: (� Cook Marr P/ V Rhoads / Davis / Lucas d/ Jordan , XAA, Reynolds Thiel 1/r "7` 9 _03 Mayor Coody Meeting of December 2, 20030 • Subject: 4&U4, " 649;6v (a Motion To: C6 la Ado � � " Motion By: Seconded: - Cook a J nn D ✓ Q_ bt 8w,rk� Marr / Rhoads Davis Lucas ✓ � W�+p«,a0f Jordan Reynolds ✓ �� Thiel Mayor Coody LL Subject: � �^ hA&,JZ y� i Motion To: Motion By: Seconded: Cook Marr Rhoads640) Davis ✓ Lucas ✓ Jordan ✓ Reynolds ✓ Thiel ✓ Mayor Coody Meeting of December 2, 2003• • Subject: Motion To: Motion By: Seconded: Cook Marr ✓ Rhoads f Davis Lucas Jordan Reynolds ✓ Thiel 4/ Mayor Coody Subject: Motion To: i Motion By: Seconded: Cook Marr Rhoads ' Davis Lucas n Jordan arJ Reynolds Thiel 7 J Mayor Coody Meeting of December 2, 2003• • Subject: Motion To: i Motion By: Seconded: Cook r/ Marr Rhoads Davis / Lucas ✓ Jordan / Reynolds Thiel Mayor Coody Subject: �QZc aa� Motion To: Motion By: Jl�.st - Seconded: d _ „�e Cook _ t /d �" Marr � Rhoads t/ Q Davis � P Lucas �j Jordan r/ Reynolds f Thiel o/ Mayor Coody — Meeting of December 2, 2003 • Subject: Motion To: 0� Motion By: �2w� Seconded: Cook Marr ✓ Rhoads Davis r/ P� Lucas � OC —r3 Jordan J O Reynolds Thiel J Mayor Coody Subject: 0 G S Motion To: /LeM �,ip� Motion By: Seconded: is "jS Cook �/ ,/ ✓ Marr Rhoads f Davis ✓ ,� r/ Lucas ,/ J _ I Jordan J ✓ -I Reynolds ✓ ✓ Thiel // ✓ Mayor Coody Meeting of December 2, 20030 • Subject: � Motion To: R _��tXc *oON la4aco? . ez= Q a✓`G 3 Motion By: Seconded: Cook ci Marr �— ' — Rhoads Davis ✓ N ,e Lucas Jordan Reynolds f Thiel Mayor Coody Subject: y^nn. .. Motion To: / �� w � Motion By: Seconded: Cook Marr ✓ Rhoads r Davis N � � � Lucas t /' Jordan Reynolds ✓ Thiel Mayor Coody �1 ^ Meeting of December 2, 2003• • Subject: � �, � Motion To: Motion By: Seconded: Cook f Marr Rhoads Davis Lucas &AOj4o6d Jordan Reynolds Thiel r/ Mayor Coody Subject: Motion To: Motion By: Seconded: Cook Marr Rhoads Davis Lucas Jordan Reynolds Thiel Mayor Coody Final Agenda For City Council Meeting December 2, 2003 A meeting of the Fayetteville City Council will be held on December 2, 2003 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: t'R5S,d 0)/0 yYuNalj�S I� I 1 . Approval Of The Minutes: Approval of the October 21 , 2003 and November 18, U GI 2003 meeting minutes. 2. Police Department Policy — Racial Profiling Prohibited: A resolution to adopt a y ' Fayetteville Police Department Policy prohibiting racial profiling. 3. APAC Arkansas Inc; Church Avenue Retaining Wall: A resolution awarding Bid pp # 03-66 to APAC-Arkansas Inc. in the amount of Twenty-Eight Thousand Fifteen Dollars ($28,015 .00) to replace a retaining wall at the Church Avenue employee parking lot; and approving a project contingency in the amount of Two Thousand Eight Hundred One Dollars ($2,801 .00). 4. Garver Engineers, LLC; Mount Sequoyah Water and Sewer Improvements Project: A resolution approving a contract in the amount of Sixty-Eight Thousand Three Hundred Dollars ($68,300.00) with Garver Engineers, LLC for engineering services relating to the Mount Sequoyah Water and Sewer Improvements Project. 5. Cross Keys Subdivision — Park Land Dedication — Money in lieu of land: A �� 03 resolution accepting the Parks and Recreation Advisory Board's recommendation to accept $58,830.00 cash in lieu of the required park land dedication for Cross Keys Subdivision. 6. Fleet Purchase of 2 Expeditions for the Police Department: A resolution crS3"03 approving the purchase of two Ford Expeditions from Landers Ford at State contract prices for a total cost of $56,322.00 for use as police K-9 units. 7. Special Election for the Referendum Election on Ordinance No. 4512: A resolution setting the date for the Special Election for the Referendum Election on Ordinance No. 4512 which amended §95 .05 of the Fayetteville Code to Regulate Smoking In Most Public Places And Places Of Employment and requesting the Washington County Board of Election Commissioners to place this referendum on the ballot. B. OLD BUSINESS: 1. Amend Chapter 51.136 Monthly Water Rates: An ordinance amending Chapter 51 , Water and Sewers, of the Code of Fayetteville, to change nomenclature; and adjust water and sewer rates. This Ordinance was left on the second reading at the / October 7, 2003 City Council meeting. This Ordinance was tabled at the November 18, 2003 City Council meeting to the December 2, 2003 City Council meeting. 2. 2004 Annual Budget: A resolution adopting the proposed 2004 Annual Budget & Work Program and the 2004-2008 Capital Improvement Program. This Resolution ILe 9a4 was tabled at the November 18, 2003 City Council meeting until the December 2, 1 X3 2003 City Council meeting. W 3. Public Hearing Raze and Removal 226 North School Avenue: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by S5 -03 Timothy C. and Christine Klinger located at 226 N. School Avenue in the City of Fayetteville, Arkansas. C. NEW BUSINESS: 1. Raze and Removal 1905 S. Brower Avenue: A resolution ordering the razing and / p removal of a dilapidated and unsafe structure owned by Jonathan M. and Jennifer L. Rich located at 1905 S. Brower Avenue in the City of Fayetteville, Arkansas. 2. VAC 03-12.00 Combs Street Church of Christ: An ordinance approving VAC 03- 12.00 to vacate and abandon a portion of 4`h Street right of way, City of Fayetteville, �f531 Washington County, Arkansas as described on the attached map and legal ( description. /n� 3./ Hay Group 2004 Salary Recommendation: A resolution adopting the Hay Group's 4?5SJed Cv�n recommendation in the 2003 compensation practices update; implementing 50% of the recommendation in January 2004 and the remaining 50% in January 2005 ; and &-�q approving the 2004 city and employee premium amounts for the group medical plan . 4. ADM 03-29.00 Amend Master Street Plan — Cliffs Boulevard Eastern Extension: Th��d f A resolution approving ADM 03-29.00 amending the Master Street Plan by removing the Eastern extension of Cliffs Blvd. between Crossover Road and Starr Drive. D. INFORMATIONAL: December 1 , 2003 — Council Tour Tracy Menifee - Re: When we get gA ons concerning the effective date of the rordinance Page 1 ' wr From: David Whitaker To: Davis, Steve; Laycox, Rainy Date: 12/3/03 9:54AM Subject: Re: When we get questions concerning the effective date of the rate ordinance Couldn't have said it better! David J . Whitaker Assistant City Attorney City of Fayetteville, Arkansas 479.575.8313 479.575.8315 (FAX) >>> Steve Davis 12/03/03 09:52AM >>> The City Attorney's Office and the City Clerk's office will be making the last minute changes to the rate ordinance that was approved last night. The ordinance will be presented to the Mayor for signature. After the Mayor and City Clerk sign the ordinance it has to be published and becomes effective 31 days after publication . I would expect the ordinance to be published in Saturday's paper so the ordinance would become effective for water & sewer bills calculated after January 7. In answer to your question of how staff is to respond to question concerning the rate ordinance I think the most appropriate response would be along the lines of "the City Council adopted new water & sewer rates that .will become effective 31 days from the date the ordinance is published. The tentative effective date for the ordinance is Jan 7. The rate increases are due to 1 ) increased cost of purchasing water from Beaver Water District and increased cost of operating the sewer system for the improvements approved by the voters in 2001 . The City had to begin land filling sludge to comply with environmental regulations. For additional information concerning the rate increase please see the City's web site." Stephen CC: Boettcher, Greg; Earnest, Hugh; Smith, Sondra KIT WILLIAMS 0 FAYETTEVILLE CITY ATTORNEY DAVID 1. WHITAKER Assistant City Attorney Judy Housley Office Manager THE CRY OF FAYETTEVILLE, ARKANSAS Phone (479) 575-8313 113 W. Mountain, Suite 302 FAX (479) 575-8315 Fayetteville, AR 72701-6083 November 7, 2003 Honorable Steve Tennant Farmington City Attorney By FAX: 267-2025 Farmington, AR 72730 RE: FOI request for documents requested by letter of Nov. S, 2003 Dear Steve: We have again compiled the documents concerning the contracts with your client, water and sewer studies of the Farmington sewer, etc. Since this is the third time we have supplied these documents to Farmington, we must charge you a photocopy charge of 5¢ per page. There are 465p ages or requested documents included so your photocopying charge is $23 .25 . Please bring your check payable to the City of Fayetteville when you come to pick up these documents which are now ready and in my office. With kindest regards, Kit Williams Fayetteville City Attorney KW/jh cc: Steve Davis, Finance & Internal Services Director Sondra Smith, City Clerk t � • ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 51 , WATER AND SEWERS, OF THE CODE OF FAYETTEVILLE, TO CHANGE NOMENCLATURE; AND ADJUST WATER AND SEWER RATES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 51 : Water and Sewers, Code of Fayetteville is hereby amended by deleting all references to the "Public Works Director" and the "Water & Sewer Services Superintendent', and replacing them with "the Water & Wastewater Director or designee, or the Finance & Internal Services Director, or designee." Section 2. That §§ 51 . 136 & 51 . 137 of the Code of Fayetteville az he' y repealed, and Exhibit "A" attached hereto and made a part hereof, is i se • ed n t 'r stead. PASSED and APPROVED this 2"d day of December, 201 . APP VED: • N OOD+ i Mayor A B S NDRA ITH, ity CI .k • EXHIBIT "A" — Revised 1210212003 51 .136 Monthly Water Rates • Effective as of the first billing statements issued after December 31 , 2003, the following monthly rates shall be fixed as rates to be charged for water furnished by the waterworks system of the city, which rates the City Council finds and declares to be reasonable and necessary minimum rates to be charged: (A) Monthly treated water rates. ( 1 ) The water usage of each customer shall be determined each month by meter measurement and the amount per 1 ,000 gallons to be paid for water usage by each customer shall be computed on the basis of the following schedule of rates. The minimum billing shall be 1 ,000 gallons per month. Table A M nthly Water Rates Usage Rate Inside City Outside City Ingallons) First 10,000 $2.81 $3.52 Next 290,000 2.42 3.03 Next 1 .76 2.20 • 4,700,000 Over 1 .60 1 .98 5,000,000 (2) All bills under such schedule shall be computed by adding the applicable meter service charge prescribed by subsection (B) to the amount determined to be due for water usage under this schedule. Applicable sales tax and franchise fees shall be added to the bill so computed. (3)When a common facility/building is served by multiple water meters and the water usage is for the same purpose, customers may petition the Water & Wastewater Director and/or the Finance & Internal Services Director to have the water consumption aggregated and have the tiered rates apply to the aggregated quantity. (B) Monthly meter service charge. ( 1 ) In addition to the above, each customer shall pay a monthly meter service charge in accordance with the following schedule: • 1 EXHIBIT "A" - Revised 12/0212003 • Table B Monthly Water Meter Service Charge Meter Size Inside City Outside City 5/8 inch $ 4. 16 $ 5.20 3/4 inch 4.42 5.54 1 inch 5.67 7. 12 1 '/2 inch 9.68 12.22 2inch 13.97 17.67 3 inch 32. 18 40.79 4 inch 53.08 67.33 6 inch 105.88 134.39 8 inch 158.68 201 .44 (2) The monthly treated water rates and the monthly meter service charge rates prescribed by subsections (A) and (B) of this section shall commence as of the first billing statements issued after December 31 , 2003 . Customers served through the white river water district system will pay the outside city rate plus an additional $5.94 • per month. The Safe Drinking Water Act fee shall be added to these Monthly Water Meter Service Charges. (C) Monthly standby fire protection service charge. Charges for un-metered service connections inside the city limits for standby fire protection and fire hydrants shall be: Table C Monthly St ndby Fire Protection Service Char e Line Size Inside City Outside City 2 inch $ 6.60 $ 6.60 3 inch 19.80 19.80 4 inch 39.60 39.60 6 inch 110.00 110.00 8 inch 231 .00 231 .00 10 inch 396.00 396.00 • 2 EXHIBIT "A" — Revised 12/02/2003 (E) Monthly wholesale treated water rates outside city limits shall be: • Table D Mont ly Wholesale Treated Water Rates - Outside CityLimits Usage Rate Per 1 ,000 $ 2.01 Gallons Reduced demand 1 .81 Meter charge 55.55 (Based. on Cost of Service Methodology) (F) Monthly charge for fire hydrants provided water by the city for municipalities and/or districts outside the city limits for billing statements issued after December 31 , 2003 shall be $7.70 per hydrant per month. 51.137 Monthly Sewer Rates (A) Monthly sewer rates. All monthly sewer charges shall be calculated from the customer's monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: (1) Monthly sewer quantity charge: Table E-1 Monthly Sewer Quantity Charge - Usage Rates Per 1,000 Gallons Beginning December 31, 2003 • (*Across-the-Board Percentage; **Cost of Service Methodology) Residential* $ 2.61 Commercial/Industrial* 2.04 Outside city limits** 6.03 Elkins** 5.24 Table E-2 Monthly Sewer Quan ty Charge - Usage Rates Per 1,000 Gallons Begin ng December 31, 2004 Residential* $ 2.84 Commercial/Industrial* 2.22 Outside city limits** 6.57 Elkins** 5.71 Table E-3 Monthly Sewer Quan ty Charge - Usage Rates Per 1,000 Gallons Begin ng December 31, 2005 Residential* $ 3. 10 Commercial4ndustrial* 2.42 Outside city limits** 7. 16 • Elkins** 6.22 3 J 0 • EXHIBIT "A" - Revised 12/02/2003 • (2) Monthly service charge: Table F-1 Monthly Sewer Service Charge Table F-2 Monthly Sewer Service Charge After December 31, 2003 After December 31, 2004 Meter Size Inside City Outside City f Meter Size Inside City Outside Cityt 5/8 inch $ 8.72 $ 8.72 5/8 inch $ 9.50 $ 9.50 3/4 inch 10.08 11 .87 3/4 inch 10.99 12.94 l inch 11 .34 16.28 1 inch 12.36 17.75 1 % inch 15.85 28.90 1 '/: inch 17.27 31 .50 2 inch 21 . 10 41 .51 2 inch 23.00 45.25 3 inch 46.31 97.02 3 inch 50.77 105.75 4 inch 77.51 160.09 4 inch 84.49 174.50 6 inch 149.26 317.78 1 6 inch 163.64 346.38 8 inch 232.26 1 475.47 8 inch 253. 16 518.26 • Table F-3 Monthly Sewer Service Charge After December 31, 2005 Meter Size Inside City Outside Cityt 5/8 inch $ 10.36 $ 10.35 3/4 inch 11 .98 14. 10 1 inch 13.47 19.35 1 '/i inch 21 .99 34.33 2 inch 31 .44 49.32 3 inch 73.01 115.27 4inch 120.26 190.21 6 inch 238.37 377.56 8 inch 356.48 564.90 tCost of Service Methodology required by contract. (B) Determination of charge for domestic customers. (1 ) (a) In the case of domestic customers, the average monthly water consumption • for the preceding months of December. January, and February shall be computed separately for each customer, and a uniform monthly charge for each customer shall be determined by applying the schedule of rates set out in 4 EXHIBIT "A" - Revised 12/02/2003 subsection (A) of this section to such average monthly water consumption In • the case of a domestic user for whom a uniform monthly charge has been established and who moves to a new location the same uniform monthly charge shall apply at the new location. In the case of new domestic users the schedule of rates shall be applied to monthly water usage until an average monthly water consumption has been established. This methodology shall not apply to multi-family structures containing five (5) or more units in a contiguous building (b) Each domestic customer shall be required to make a $50.00 service deposit with each application for sewer service. This service deposit shall be retained in trust, without interest, by the city finance department. When service to the depositor is discontinued permanently, said service deposit shall be applied to the final billing and the remainder, if any, returned to the depositor. (2) Domestic customers with a single water meter and an existing irrigation system may petition the Water & Wastewater Director within 36 months of the effective date of this ordinance revision, to install an irrigation meter and to request a waiver of the meter impact fee for the pre-existing irrigation demand. (C) Determination of charge for commercial and industrial customers. In the case of commercial and industrial customers the monthly sewer charge shall be determined by applying the schedule of rates prescribed in subsection (A) of this section to the • monthly water usage of such customers. In the event that a commercial or industrial customer discharging waste into the city's sanitary sewer system produces evidence to the water and sewer superintendent demonstrating that a substantial portion of the total amount of water from all sources used for all purposes does not reach the sanitary sewer which is in excess of the factors used in establishing the rates in subsection (A) of this section, an estimated percentage of total water consumption to be used in computing charges may be established by the water and sewer superintendent. The factors used in establishing said rates are on file in the office of the water and sewer superintendent and are incorporated herein by reference thereto. Any rate so adjusted by the water and sewer superintendent shall be effective for a 12-month period beginning with the billing for the month when rates adjudged hereby go into effect. (D) Extra Strength Surcharge. For all commercial and industrial customers whose wastewater discharge is greater than 300 mg/l of BODS and/or TSS, the City shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: After After After December 31, 1003 December 31, 1004 December 31, 2005 (1 ) Extra Strength BODS --- $0.2246/lb. 0.2449/lb. 0.2669/lb. (2) Extra Strength TSS ----- $0. 1123/lb. 0. 1224/lb. 0. 1334/lb. • 5 j � • EXHIBIT "A" - Revised 12/02/2003 • Extra Strength Surcharges shall be billed monthly and shall be computed on the basis of water meter reading (wastewater discharge volume). (E) Definitions. For the purpose of this division the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1 ) Commercial, industrial customer or user. All retail stores, restaurants, office buildings, laundries, and other private business and service establishments which contributes wastewater to the city's wastewater treatment plant. It shall include any nongovernmental, nonresidential user of publicly owned treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions; Division A-Agriculture, Forestry, and Fishing; Division B-Mining; Division D-Manufacturing; Division E-Transportation, Communications, Electric, Gas and Sanitary; and Division I-Services. It also includes social, charitable, religious, and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users; legislative, judicial, administrative, and regulatory activities of federal, state and local governments. • (2) Domestic customer or user. Any contributor of wastewater to the city's treatment works whose lot, parcel, or real estate, or building is used for domestic dwelling purposes only. (3) Infiltration/inflow. The total quantity of water other than wastewater from both infiltration and inflow without distinguishing the source from defective pipes, pipe joints, connections, manholes, roofleaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy area, cross connections, catch basins, cooling towers, storm waters, surface runoffs, street wash water, or drainage. (4) Municipality. A city, town, county, parish, district, association, or other public body (including an inter-municipal agency of two or more of the foregoing entities) created under state law having jurisdiction over disposal of sewage, industrial waste or other waste. The definition includes special districts such as water, sewer, sanitary, utility, drainage, transport, or disposal of liquid waste of the general public in a particular geographic area. (5) Operation and maintenance. Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and which such works were • designed and constructed. The term "operation and maintenance" includes replacement. 6 EXHIBIT "A" — Revised 1210212003 (6) Replacement. Expenditures for obtaining and installing equipment, • accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. (7) Treatment works. Any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extensions improvement; remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems. (8) Useful life. The estimated period during which a treatment works will be • operated. (9) User charge. That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works. ( 10) Water meter. A water volume measuring and recording device, fiunished and installed by the water department of the city. (F) Deposit of revenues; fund. (1 ) The revenues from charges collected by the city shall be deposited in a separate non-lapsing fund known as the operation, maintenance, and replacement fund. (2) Fiscal year-end balances in the operation, maintenance and replacement fund shall be used for no other purpose than those designated. Moneys which may be transferred from other sources to meet temporary shortages in the operations, maintenance, and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates. The user charge rates shall be adjusted so that the transferred moneys will be returned to their respective accounts within six months of the fiscal year in • which moneys were borrowed. 7 l • • EXHIBIT "A" - Revised 12/02/2003 • (3) Application for review; adjustments to user. (a) Any user who feels that the volume used to determine his bill is incorrect may make written application to the Director of Water and Wastewater requesting a review of his bill. The written request shall, where necessary, show actual or estimated flows and/or strength of his wastewater, including how the measurements were made. (b) A review of the request shall be made by the Water and Wastewater Director and if substantiated, the charges for that user shall be recomputed based on the revised flow and/or strength characteristics. In no case, however, shall allowances or adjustments be made for claims of sewage strengths less than 300 mg/1 suspended solids and 300 mg/1 of BODS. (c) Any adjustments will be applicable to the next billing period. (4) Annual review by city; revision of rates; notification of user. (a) The city shall review the charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the cost of operation, maintenance, and replacement, and that the system continues to provide for the proportional distribution of operation, maintenance, and • replacement costs among users and user classes. (b) The city shall notify each user at least annually, in conjunction with a regular bill, of the rates being charged for operation, maintenance and replacement of the treatment works. • 8 If Greg Boettcher - Draft Regton Letter of November 21 , 2003 Page 1 From: Greg Boettcher To: Bickelbw@bv.com; Coody, Dan; Davis, Steve; Earnest, Hugh; jwh@uark.edu; tennantS100@aol.com; Williams, Kit Date: 11 /26/03 4:46PM Subject: Draft Response to Farmington Letter of November 21 , 2003 Attached please find a draft response to the Farmington letter of November 21 , 2003. The contents of this letter have not been reviewed by the City Administration, there are items that have not yet been addressed and this material is information sharing by Fayetteville. The City of Fayetteville will be reviewing the draft response and will formally respond at a later date. By copy of this email I am advising our rate consultant of the desire to meet with them prior to the city council meeting of December 4, 2003, the tentative date, time and location being as follows: Tuesday, December 4, 2003, 2:00 PM-Fayetteville City Hall-Room 326 Happy Holidays, Greg Boettcher Greg Boettcher, P.E. Water and Wastewater Director Fayetteville, Arkansas 479-575-8302 479-575-8257 fax gboeftcher@ci.fayefteville.ar.us Greg Boettcher - Fwd: Draft Respon o Farmington Letter of November 21 , 200 Pa e 1 From: Greg Boettcher To: Woodruff, Heather Date: 11/26/03 5:OOPM Subject: Fwd: Draft Response to Farmington Letter of November 21 , 2003 >>> Greg Boettcher 11/26/03 04:46PM >>> Attached please find a draft response to the Farmington letter of November 21 , 2003. The contents of this letter have not been reviewed by the City Administration, there are items that have not yet been addressed and this material is information sharing by Fayetteville. The City of Fayetteville will be reviewing the draft response and will formally respond at a later date. By copy of this email I am advising our rate consultant of the desire to meet with them prior to the city council meeting of December 4, 2003, the tentative date, time and location being as follows: Tuesday, December 4, 2003, 2:00 PM-Fayetteville City Hall-Room 326 Happy Holidays, Greg Boettcher Greg Boettcher, P. E. Water and Wastewater Director Fayetteville, Arkansas 479-575-8302 479-575-8257 fax gboettcher(a)ci.favetteville.a r.us 1 IM vm • FAYETTEVILLE Cly THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO : Alderman Trent Trurnbo Copy: Mayor Dan Coody Ted Webber, Administrative Services Director Don Bunn, Assistant Public Works Director Steve Davis, Budget Manager Maureen Hoover, Mayor's Assistant FROM: Greg Boettcher, P.E., Public Works Director Date: October 29, 2001 Re'. Water and Sewer Rate Comparisons Other Arkansas Communities Mr. Steve Davis has compiled data on water and sewer rates in other conmunities. Based upon average residential consumption of 4, 100 gallons per month, the following sewer service changes would be levied in these conmunities. City Mo. Sewer Bill Monthly Customer Charge unit (4100gallons) Charge Per 1,000 gal. Fayetteville (Now) $ 17 . 80 * $8 .00 $2 . 39 Fayetteville (with increase) $22 . 96 * Springdale $ 14 .47 $5 . 78 $2 . 12 Rogers $20. 55 $8 .45 $2 . 95 Bentonville $20 .27 $6 . 04 $3 .47 Fort Smith $ 8 . 92 $4 . 97 $0 . 96 Little Rock $ 11 . 22 $3 . 00 $2 . 00 Sondra Smith- Re: Water Related - Standards Page 1 From: "Bill Lauer' <blauer@awwa.org> To: <SBogan9@aol.com> Date: 1212/03 9:15AM Subject: Re: Water Related - Standards I hope this answers your question. The average home uses 69.3 gallons per person per day. This breaks down like this: toilets 26.7% Showers 16.8% Faucets 15.7% Baths 1 .7% Diswasher 1 .4% Clothes Washer 21 .7% Leaks 13.7% Othr 2.2% 1 hope this helps. >>> <SBogan9@aol.com> 11/22/2003 11 :21 :07 PM >>> How much water is required per month for an adult and how much is need by a child under 18.What would the basic water needs be? I've been told that the average adult needs 2250 gals per month. Is this true and if so, how much of this would be discarded as waste? The reason I ask is that our local officals are trying to tell us that 85% of all the water metered to our homes wind up as sewer affluent 1 don't believe this to be the case. Any info would be of great help. Thank You Geary Lowery From: Geary Lowery SBogan9@aol.com AWWA Member. No AWWA Member number: Phone Number. 479-443-0767 Job Title: Other Business: Fully Retired Mozilla/4.0 (compatible; MSIE 5.5; AOL 6.0; Windows 98; Compaq) American Water Works Association The Authoritative Resource for Safe Drinking Water (SM) This email has been scanned for all viruses by the MessageLabs SkyScan service. RESOLUTION NO. A RESOLUTION APPROVING THE PURCHASE OF TWO (2) FORD EXPEDITIONS FROM LANDERS FORD AT STATE CONTRACT PRICES FOR A TOTAL COST OF FIFTY-SIX THOUSAND THREE HUNDRED TWENTY-TWO DOLLARS ($56,322.00) FOR USE AS POLICE K-9 UNITS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of two (2) Ford Expeditions from Landers Ford at state contract prices for a total cost of Fifty-Six Thousand Three Hrndr, Twenty-Two Dollars ($56,322.00) for use as police K-9 units. a PASSED and APPROVED this 2nd day of December, 2003. APPROVED: LL I3: ti DANO DY, May t+ By O DRA S . ' ITH,":.0 Clerk a CITY ATTORNEY AGENDA REQUEST FORM FOR: COUNCIL MEETING OF DECEMBER 2, 2003 FROM: CITY ATTORNEY KIT WILLIAMS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution Setting The Date For The Special Election For The Referendum Election On Ordinance No. 4512 Which Amended §95.05 Of The Fayetteville Code To Regulate Smoking In Most Public Places And Places Of Employment And Requesting The Washington County Board Of Election Commissioners To Place This Referendum On The Ballot APPROVED FOR AGENDA: 1112SI0 City Attorney Date Mayor Date RESOLUTION NO. A RESOLUTION SETTING THE DATE FOR THE SPECIAL ELECTION FOR THE REFERENDUM ELECTION ON ORDINANCE NO, 4512 WHICH AMENDED §95.05 OF THE FAYETTEVILLE CODE TO REGULATE SMOKING IN MOST PUBLIC PLACES AND PLACES OF EMPLOYMENT AND REQUESTING THE WASHINGTON COUNTY BOARD OF ELECTION COMMISSIONERS TO PLACE THIS REFERENDUM ON THE BALLOT WHEREAS, Fayetteville City Clerk Sondra Smith has diligently verified and counted the number of Fayetteville Registered Voters who signed referendum petitions calling for a special referendum election on Ordinance No. 4512; and WHEREAS, Fayetteville City Clerk Sondra Smith certified on November 24, 2003 that the referendum petition was sufficient pursuant to Amendment 7 and state law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby Orders that in accord with the certified sufficient referendum petition, a special election ) called for in such referendum petition, shall be held on February 10, 2004, to determine by vote of the qualified electors of the City of Fayetteville, Arkansas, whether Ordinance No. 4512, amending §95.05 of the Fayetteville Code to more strictly regulate smoking in most public places and places of employment (attached as Exhibit A) shall be approved or rejected. Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby requests the Washington County Board of Election Commissioners, pursuant to A.C.A. §7-9- 117 to place Ordinance No. 4512 upon the ballot followed by these words: FOR REFERRED ORDINANCE NO. 4512 AGAINST REFERRED ORDINANCE NO. 4512 PASSED and APPROVED this 2nd day of December, 2003. APPROVED: By: tit `` ATTEST: DANTCOODY, Mayor By: SONDRA SMITH, City Clerk ORDINANCE NO. 4512 AN ORDINANCE TO AMEND §95.05 REGULATION OF SMOKING IN CERTAIN PUBLIC PLACES OF THE CODE OF FAYETTEVILLE AND TO ENACT A REPLACEMENT §95:05 REGULATION OF SMOKING IN MOST PUBLIC PLACES AND PLACES OF EMPLOYMENT WHEREAS, the Fayetteville City Council has determined that further restrictions of smoking in enclosed public places and work places are needed to protect the health and safety of citizens and to ensure the right of nonsmokers to breathe smoke free air; and WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE.CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, hereby repeals §95.05 Regulation of smoking in certain public places of the Fayetteville Code in its entirety and enacts the following new §95.05 Regulation of smoking in most public places and places of employment of the Fayetteville Code to replace it: "Sec. 95.05. Regulation of smoking in most context clearly indicates or requires a different public places and places of employment meaning. (A) Definitions. For the purpose of this chapter, the Bar. An establishment, whether termed a• following definitions shall apply unless the private club or public establishment, that is devoted primarily to the sale and service of