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HomeMy WebLinkAbout1988-09-06 Minutes273 MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held pn •Tuesday, September 6, 1988 at 7:30 p.m. in the Directors' Room of the City .Administration Building at 113 West Mountain Street in Fayetteville, Arkansas. .PRESENT: Mayor Johnson; Directors Hess, Bumpass, Lancaster, Martin, Kelley and Marinoni; City Manager Pennington, City Attorney McCord, City -Clerk McWethy, members of the staff, members of the press and audience. CALL TO ORDER The meeting was called to order by the Mayor at 7:30 p.m. with all seven 273 Directors present. The Mayor asked for a moment of respectful silence. CONSENT AGENDA • The consent agenda was introduced, containing the following items of business: 273 Minutes of the August 16, 1988 Board meeting; 273 Award of Bid No. 837 for the purchase of an electronic meter reading system 273 to Rockwell International of Houston Texas, bidding $19,450; • Award of Bid No. 863 for the purchase of shop tools for the sludge 273. management site to Tri -Bar Tool & Supply Co., Mechanics Choice, Sears Industrial Sales and All Rent Sales & Services, bidding a total of $12,483.56; • Award of Bid No. 864 for a five-year lease of a 170 -acre hayfield on 273. Fayetteville Airport property to Howard Boudrey, bidding $1,590 per year; Award of Bid No. 866 for painting the City Jail to T & B Painting Company of Combs, Arkansas, bidding $2,950. 273. A resolution authorizing a one-year renewal of a lease agreement with 273. Continental Ozark, Inc., for space in an aircraft hangar at the Airport at the rate of $620 per month; RESOLUTION NO. 64-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK September 6, 1988 ?74.1 A resolution authorizing a 9 -month renewal of a lease with the University of Arkansas, for space in aircraft hangar "A" at the Airport, at the rate of, $620 per month; RESOLUTION NO. 64-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 274.2 A resolution authorizing a one-year lease with Nelms Honda for space in T - hangar "A" at the Airport at a rate of $141 per month; RESOLUTION NO. 64-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 274.3 A resolution authorizing a one-year lease with S. F. Ahmed, dba The Mountain Inn, for advertising display space at the Airport, at the rate of $80 per month; 274.4 RESOLUTION NO. 65-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK A resolution authorizing a professional services agreement with Airport Consulting Services Group, Inc. of Hendersonville, Tennessee, for a Rates and Charges Survey to be performed at the Fayetteville Airport, at a "not to exceed" fee of $5,000. RESOLUTION NO. 66-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 274.5 It was moved by Director Martin and seconded by Director Kelley, to approve the consent agenda. Upon roll call, the motion passed, 7-0. REZONING/R88-13 274.6 The Mayor introduced an ordinance rezoning 10 acres located on the west side of U. S. Highway 71 Bypass north of Old Farmington Road, from R-2 "Medium Density Residential" to C-2 "Thoroughfare Commercial." She reported the petition, submitted by Frank Lynch and Frank Krupa, was heard by the Planning Commission on August 22 and they voted to recommend approval, 5-3. She reported that Planning Consultant Larry Wood recommended against rezoning to C-2. 274.7 The City Attorney read the ordinance for the first time. It was moved by Martin and seconded by Marinoni to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. It was moved by Martin and seconded by Kelley to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. September 6, 1988 275 The Mayor asked if anyone in the audience wished to speak against the ordinance. 275. No public comments were expressed. Upon roll call, the ordinance passed, 4-3, Directors Hess, Johnson, Martin and Kelley voting for the ordinance and Directors Bumpass, Lancaster and Marinoni voting in the minority. ORDINANCE NO. 3373 APPEARS ON PAGE 37 0 OF ORDINANCE AND RESOLUTION BOOK xxt Q R -0-W VACATION/AZALEA & TOWNSHIP .4.01.6111 The Mayor introduced a request for an ordinance vacating and abandoning a portion 275. of street right-of-way adjacent to Azalea Terrace and Township Road. She explained the petitioners, Dennis and Julia Crawford, owners of property at 2411 Azalea Terrace, ask for the vacation of the portion of land (which was a cul de sac) as a result of Azalea Terrace being changed to a through street. She said letters of concurrence have been submitted from the City Engineer and affected utilities. She reported the staff recommends the area be retained as a general utility easement. • The City Attorney read the ordinance for the first time. It was moved by Bumpass 275. and seconded by Martin to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. It was moved by Bumpass and seconded by Martin to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. The Mayor No public - ORDINANCE XXiV asked if anyone in the audience wished to speak against the ordinance. comments were expressed. Upon roll call, the ordinance passed, 7-0. NO. 3374 APPEARS ON PAGE .37a OF ORDINANCE AND RESOLUTION BOOK • EASEMENT VACATION/2375 TWELVE OAKS DRIVE 275. The Mayor introduced a request for an ordinance vacating and abandoning a portion 275. of a utility easement located at 2375 Twelve Oaks Drive. She explained the petitioner, Travis Cohea, requests vacation of the east ten feet of a 25' utility easement running along the west boundary of his lot. The City Attorney read the ordinance for the first time. It was moved by Bumpass 275. and seconded by Martin to -suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. It was moved by Bumpass and seconded by Martin to further suspend the rules -and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. ?76.1 The Mayor No public ORDINANCE xx/'/ September 6, 1988 asked if anyone in the audience wished to speak against the ordinance. opposition was expressed. Upon roll call, the ordinance passed, 7-0. NO. 3375 APPEARS ON PAGE .37Y OF ORDINANCE AND RESOLUTION BOOK EASEMENT VACATION/OAKLAND MEADOWS SUBDIVISION 276.2 The Mayor introduced a request for an ordinance vacating and abandoning a utility easement located between two lots in the Oakland Meadows Subdivision, outside the Fayetteville city limits but within the City's jurisdiction. She explained the petitioner, Jim Lindsey, is requesting the vacation of a 25' utility easement. She said the staff recommended approval and letters of concurrence were on file from the affected utilities and the City engineer. 276.3 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Marinoni, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. 276.4 The Mayor asked if anyone in the audience wished to speak against the ordinance. No public opposition was expressed. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3376 APPEARS ON PAGE .3.75- OF ORDINANCE AND RESOLUTION BOOK %X/ SHADOWRIDGE SEWER PROJECT 276.5 The Mayor introduced a request for approval of sewer extension project on East Shadowridge City's sewer replacement contract with Fayette budget adjustment. a staff recommendation regarding a Drive; authorization to extend the Tree and Trench; and approval of a 276.6 The Mayor explained that, if approved, this project would extend approximately 2,550' of sewer line to serve 12 existing homes and 8 vacant lots. She said the cost of the project was estimated to be $56,000. 276.7 She said the staff's recommendation on August 16 that property owners pay back 100% of the cost of the project has been changed to a proposal that the project be built on the same basis as the Sherwood Forest sewer extension project (approved in 1986), with the following conditions: September 6, 1988 The.property owners would pay 25% of the construction cost of if, a tie-in were made within 120 days after the line was complete and ready for service. In that case, the cost approximately $700 per lot,. plus the normal tap fee of $330 After 120 days, the cost would double (to approximately $1,400 plus the normal tap fee of $330 per lot). 277 the line 277 declared would be per lot. per lot, The tie -on fee would be due only when a connection was actually made. 277 3. The City's requirement to tie -on to the sewer within one year of 277 completion would be waived and,a.connection would be required only when the owners experience septic tank failure (as documented by the County Health Department). The lower tie -on fee (due within 120 days after line completion) could be paid even though no connection was actually made until a later date. The Mayor asked if any citizens were present who wished to speak for or against the proposal. Ed Fryar, resident on East Shadowridge, asked questions regarding the amount of fees which would be required. City Manager Pennington explained there would be a $700 "construction" fee and a $330 tie -on fee, for a total of $1030. Fryar asked when each .fee would be due. Pennington said that, although the recommendation is that both fees be paid within the 120 -day time frame, the $700 payment can be "scheduled out." Pennington said the $330 fee must be paid "up front." Pennington explained that, after the 120 -day period, the fee would be $1,400 per lot as opposed to $700 per lot. Fryar asked what the deadline would be for paying the $1,400. • City Engineer Don Bunn explained that the $330 charge covers the City's cost to make the tap. He said taps will be made as the line is installed and the cost of the tap will be part of the construction cost. Pennington reiterated that the total cost during the first 120 days would be $1,030, with the total cost after 120 days to be a total of $1730. Responding to Fryar's question on the deadline to pay the $1730, Pennington said that fee would be required only when the owners experience septic tank failure. Fryar said he liked the policy. A woman speaking from the audience said she had written several letters to the City and hadn't gotten any answers to her questions. The Mayor asked the City Manager to explain why the cost would be assessed to the citizens for the construction of the line. Pennington said this policy is basically similar to the policy which was used for the Sherwood Forest sewer project. He explained there would be a cost only to individuals who wish to actually connect to the sewer system. He explained that, if they have a septic tank which is working, the requirement to tie on to the sewer line will be waived. He said the original recommendation was a 100% payback of costs but, in this case, looking over the records from the last two years, there was evidence in his opinion that while the City did not have a legal obligation, they probably had a strong moral obligation to the individuals who were told that the project would move forward. He said 277 277 277 277. 277. 276 September 6, 1988 !78.1 later the Board will be asked to establish a policy in the future. It was clarified for the citizens in the audience that, if they did not wish to tie on to the sewer line, there would be no cost to them for the construction of the sewer line on Shadowridge, but that if, at some future date their septic system were to fail, they then would be required to participate according to the policy. !78.2 Another citizen in the audience asked if he could pay the lower fee within the first 120 days but choose not to tie on to the sewer line during that time. The Mayor said this could be done. ?78.3 A citizen asked where the new sewer line would be located. He said that there was a ten foot easement on either side of the lots on Shadowridge plus a 25 foot easement. The Mayor said the sewer line was planned to be installed behind the lots on Shadowridge. The citizen requested there be a time delay to allow him to investigate exactly where the line will be located, stating that 25 extra feet was given by Park Place where a water line is already located. City Engineer Don Bunn said the sewer line is required to be at least ten feet away from a water line. ?78.4 In answer to a question from the audience, City Manager Pennington said the only additional costs to property owners would be the cost to run a line from their house to the City sewer line. City Engineer Bunn estimated that cost to be from $3 to $5 per foot, depending on whether there is rock to be dug up or not. ?78.5 City Manager Pennington said that letters were submitted from Mr. and Mrs. Pothast and Mr. and Mrs. Hinkle who could not be present but wanted to indicate they were in favor of the sewer extension recommendation as outlined. ?78.6 It was moved by Martin and seconded by Bumpass to approve the staff recommendation. >.78.7 The citizen in the audience reiterated his question regarding where the line would be located. The Mayor said the line would go in the back of the property. The citizen reiterated his request for an extension of time before taking Board action. The Mayor said she thought the exact location of the line would be a decision for City staff to make rather than for the Board. She added that she thought the engineers would not cut down trees in order to install the line. ?78.8 ?78.9 Director Marinoni said the plat shows the 25' easement does not extend for the entire length of the lots as does the 10' easement. Upon roll call, the motion passed, 6-0-1, Director Kelley abstaining. ?78.10 The City Attorney said there should be a resolution authorizing the change order with the contractor, to extend the project, and also an implementing ordinance on the recovery of costs in accordance with the recommendation. He said the ordinance would be on the agenda for the next meeting. RESOLUTION NO. 67-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK RECYCLING PROGRAM September 6, 1988 278 Public Works Director Mike Batie made a presentation on a proposed City recycling 279 program [The entire presentation, because of its length, it not included in these minutes but is on file in written form in the City Manager's Office.] A summary of the main facets of the proposed recycling program is below: 1. Implement an effective education program 2. Implement a citizen group or "block leader" program 3. Implement a voluntary recycling program 4. Pilot program for curbside recycling 5. Initial drop-off center for separated recyclables 6. Igloo glass containers 7. Composting area for leaf and yard waste 8. Hold an annual Spring household chemicals collection day Schedule of events for 1988: October Begin education program -• ads in local papers volunteers from school and civic delineate recycling districts Begin formation of block leader program request volunteers hold training meetings -Begin construction of drop-off collection center Begin construction of a leaf and yard waste composting area November Begin glass collection at local supermarkets using igloo containers December Begin distribution of household containers Assist community organizations with fund raising recycling projects Christmas tree composting Schedule of events for 1989: January Begin household recycling pilot program (2 routes) May June Hold 'Work September Open Expand household recycling pilot program first annual Spring household chemical drop-off day with U of. A to establish a drop-off recycling center on or close to U of A campus (supervised at all times) U of A drop-off collection center 279 279. 279. r V U September 6, 1988 !80.1 Batie announced that on September 17 the League of Women Voters and the Recycling Coalition would hold a rally at Wal Mart in the Fiesta Square Shopping Center from 9:00 a.m. to 6:00 p.m. ?80.2 Batie said the estimated cost of the program between now and January or February, 1989 would be $150,000 to $200,000. He said the City has found a broker of recycled products in Springdale, and that others can be found. He said the pilot program would involve 1100-1200 households in at least two separate parts of the City. Batie said if the program gets going at a good pace it will be necessary to hire a coordinator for the program. ?80.3 City Manager Pennington said the City will contribute a significant amount of money to begin with, but he thought it was worthwhile. He said the staff has not been able to find a recycling program in any city that pays for itself 100%. ?80.4 Batie said although the program would involve the recycling of household products such as aluminum, glass and newspaper, it would not include plastic or tin cans at this time. Other materials proposed to be recycled were leaf and yard waste, waste oil, batteries and tires. >.80.5 A citizen speaking from the audience asked if the program would be voluntary. Batie said that it would begin as a voluntary program and would continue to remain that way. The citizen asked what inducement would there be for him to participate when his neighbor might not participate. Batie said the City could not force everyone to participate. He said one day of the week an additional collection vehicle would come to neighborhoods included in the program The citizen asked where such a program was really working. Batie said he had a list of seven or eight cities, although Arkansas did not have any recycling programs. Batie emphasized the fact that participation in the program will extend the life of the existing landfills. ?80.6 Director Bumpass asked if the City couldn't consider using a "bifurcated rate structure" based on expenses involved. Batie said some small towns charge citizens an extremely high rate to use the landfill. ?80.7 Vickie Kelley congratulated Batie on his report. She said the Board should not assume that landfill space matters to all the citizens. She said, to have an effective program, the City should consider early on that it should be mandated. She said the City should consider two additional priorities - reduction and re- use. She said packaging and re -use laws were needed before there is a reduction in the problem. Kelley suggested the City involve business and industry, because the commercial waste stream is over 50% of what we're throwing away. She said if the City sets a goal of volume reduction at a certain percentage, it must match that with the same percent from its sanitary collection budget. She said while separation of materials at the source is ideal, companies such as Northwest Arkansas Waste Management can provide an option of a separation center. !80.8 Kelley said she wrote the Mayor and asked her to endorse the recycling rally or hold a press conference to express support. She asked the City Board to endorse the event now. September 6, 1988 461 Al Vick, speaking from the audience, said recycling will help contribute to a 281 clean environment. He asked Batie how block leaders would be chosen. Batie said they would be chosen on a volunteer basis. Director Kelley made a motion that the City Board goes on record as supporting 281 the:recycling rally on September 17. The motion was seconded by Director Bumpass. The Mayor said the event was in cooperation with Wal-Mart Stores and a number of 281 other organizations were involved. Upon roll call, the motion passed, 7-0:" 281 The Mayor said a copy of the proposed recycling program report will be available 281 in the City Manager's Office for citizens to read. She suggested a copy be made available to the public library as well. REBATE The Mayor introduced a presentation from Operations Management, Inc. regarding a 281 rebate of unexpended costs for operating the Wastewater Treatment plant over the last year. Gary Vaughn, speaking on behalf of OMI, presented the City with a check for 281. $16,072.92, which he explained represented a reconciliation between the amount which was budgeted and actual costs'to operate the plant for a twelve month period ending June 30, 1988, minus the flood damage equipment repair costs from December, 1987. He said, excluding the flood damage, the company would have given back a total to date of $149,717.47. STATUS OF TREATMENT PLANT PROJECT Cliff Thompson, speaking on behalf of CH2M Hill, reported on the status of the 281• Wastewater Treatment Plant project to date. Thompson said a "201 Facility 'Plan" was finished five years ago, which• he said 281. was the document that set the construction contracts in motion, and the basis from which the City invested in the project. Thompson said the Facility Plan estimated the City's share of the cost of the plant to be $9.3 million. He said to date, it has cost the City $6.88 million, or a 26% reduction from the 1983 estimate. Thompsonsaid, however,the total cost of the plant went up "quite a bit because of additions which were necessary because -of regulatory agencies, and because of inflation between 1983 and 1988. He said over $22 million in grant funds was received from the federal and state agencies. 281. September 6, 1988 ?82.1 Referring to. change orders, Thompson said all three major contracts saw reductions in cost. He said the plant itself has seen a net reduction of $20,000, even though a $286,000 belt press was added. He said the sludge management project has seen a reduction of $115,000, and the waste collection system project a reduction of $150,000. >.82.2 Thompson said in 1983 his company estimated that in 1987 the total operating cost for the plant, the sludge site and the collection system would be $2.977 million per year and, in fact, in 1988, the actual cost is $2.754 million. He said these savings have been achieved by the reduced operating staff OMI has been able to implement. ?82.3 Thompson said the Facility Plan estimated in 1983 that the average user would pay a monthly sewer bill of $22.80. He said in 1988 the average sewer bill was $18.96. He said some savings was enjoyed because of the use of sales tax to finance the City's share. ?82.4 Thompson reported the construction contracts were nearly complete. He said the plant is producing extremely good effluent, B.O.D. is typically in the one to two range while the limit is five, and ammonia is typically in the 3/10 to 5/10 range while the limit is 2. CONTRACT EXTENSION ?82.5 The Mayor introduced consideration of a resolution authorizing approval of an amendment to the Agreement with CH2M Hill, to furnish operations and management services for the City's Wastewater Treatment Plant. (The amendment would extend the current two-year contract with Operations Management, Inc , to December 31, 1993. It would also increase the scope of the work to include operation, maintenance and control of the pump stations for the collection system; and operation, maintenance and administration of the sludge management site, with operations and maintenance expenses to remain the same.) ?82.6 Director Kelley asked if the City's liability would be reduced or who now would be responsible for such problems as were experienced last fall when extensive damage was caused due to the flooding of the plant. Thompson explained that OMI is a subsidiary of CH2M Hill, Ltd. Gary Vaughn, speaking for OMI, said his company expects to take on that liability. He said they also recognize that there are some serious inflow and infiltration problems throughout the City, and said they cannot take care of those. Vaughn said, however, that his company would take responsibility for situations such as flooding of the plant. He said his company would be responsible for the operation of the lift stations. Kelley asked if OMI would have adequate staff to be available 24 hours a day. Vaughn said his operation was staffed 24 hours a day, seven days a week, and at least two people are on duty at all times. He said standard operating procedures are in place. Kelley asked if the City had a staff member who would act as a liaison with OMI in case of an emergency. Public Works Director Mike Batie said the City had one person responsible and had a backup system if that person is unavailable. Vaughn clarified that OMI would be responsible for the lift stations but not the September 6, 1988 lines to the. lift station. Kelley asked if OMI would be responsible for meeting any permit requirements associated with the collection system and operation of the plant. 'Vaughn said OMI can't be held responsible if more water is getting to the station through inflow and infiltration problems, but OMI is responsible for maintaining the equipment and pumps. 2 8 t. 283. Johnson said City costs should go down because employees will no longer be paid 283. to be "on call." City Manager Pennington said the City's program will transfer from operational to maintenance of the system. Kelley asked if City staff would be reduced. Pennington said he was looking at that question right now. Batie said present staff would probably be moved into areas that are presently understaffed. In answer to a question from Director Kelley, City Manager Pennington said the budget would stay the same. Vaughn, in answer to Kelley's questions, said equipment costs would not be included in the contract with OMI. Kelley asked if any equipment costs were anticipated within the next year. Vaughn said OMI will visit all the lift stations and report to the City Manager on what OMI thinks is needed immediately. He said he was sure there would be some capital expenses necessary, particularly in areas such as repair and cleanup. Director Martin asked Batie if it is possible that OMI would have a bias for keeping effluent away from the plant during high flow periods. Batie said he didn't think that would be a problem because of additional storage capacity now at the plant. Martin said the City has learned the hard way that there are three ways to .handle surge conditions: to backup into the city, to overflow into the tributaries, or for the plant to handle it. Martin said, as far as he was concerned, he wanted the plant to handle it. He said the idea of "planned failures" in the collection system is unacceptable. Vaughn said he personally promised to process every drop of water that can get through the plant: He said he and his employees careabout whether sewage comes out of manholes. Martin said he was still concerned that the consolidation of command and control also tends to eliminate some healthy competition between lift station and wastewater treatment plant. Don Evans, President of OMI, told the Board his company was also concerned about that. He said the City's check and balance would be the fact that they can review. what OMI puts through the plant. He said there is a control mechanism'at the plant for that purpose. Fran Alexander, speaking from the audience, asked who citizens can go to now if there is a problem. City Manager Pennington said citizens.could still go to Bob Franzmeier who is a "contract employee" working under the supervision of Public Works Director Mike Batie. Pennington said Franzmeier's contract would expire when the contract for the treatment plant project is closed. He said Batie was in the process of reorganizing the entire Public Works Department. Director Lancaster, seconded by Martin, moved to approve the passage of the resolution to amend the contract. Upon roll call, the motion passed, 7-0. 283. 283. 283. 283. :84.1 !84.2 :84.3 !84.4 September 6, 1988 RESOLUTION N0. 68-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK In answer to a question from Director Martin, Cliff Thompson said the total cost of the wastewater treatment plant was $22-23 million. He said the total cost of the plant, lines, and sludge site was about $31 million. He said additional "intangible" costs such as cost of the "rehab", the "201", and the sewer system evaluation survey, and any cost associated with wastewater over the last ten years brings the total to about $36 million. He said the actual, total grant - eligible costs were $29,721,000. He said EPA paid $22,843,000 of this and the City paid $6.87 million. Thompson said until the project is totally "signed off on," the total cost will not be known. BID WAIVER/SLUDGE EQUIPMENT The Mayor introduced a request for an ordinance waiving the requirements of competitive bidding and authorization to purchase equipment for the sludge management site. Gary Vaughn said there is no equipment whatsoever on the site. He said approximately $63,000 is being requested to farm the site. He said this expense is not eligible for grant funding, and the City is recommending the expense come from the retainage from the contractor. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the second time. Director Bumpass, seconded by Marinoni, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 7-0. The ordinance was read for the third time. !84.5 Director Kelley asked if the equipment list in the agenda had been updated. Mike Batie said an additional tractor had been added to the list. Vaughn said the final list totals $61,390. He read the list to the Directors. Director Marinoni asked where the money would come from to pay for the equipment. City Manager Pennington said the expense would be covered through retainage from the contractor. !84.6 Upon roll call, the ordinance passed, 7-0. ORDINANCE N0. 3377 APPEARS ON PAGE 376 OF ORDINANCE AND RESOLUTION BOOK �YVV" v September 6, 1988 BILLBOARD SIZING The Mayor introduced a resolution expressing Fayetteville's opposition to any attempts in Congress by the Billboard Industry to weaken local land use controls over sizing .of billboards, and requesting that public hearing be held on the Highway Beautification Act. Director Hess, seconded by Lancaster, moved to approve the passage of the resolution. Upon roll call, the motion passed, 6-1, Director Martin voting in the minority. RESOLUTION NO. 69-88 APPEAR$ ON PAGEOF ORDINANCE AND RESOLUTION BOOK OTHER BUSINESS CITIZEN COMMENTS Delmar Embry, speaking from the audience, said he was a resident of 217 S. Duncan. He said he discussed. with Scott Linebaugh some problems he was having with people renting property next door to his residence. He said he had exhausted all avenues he knew of to resolve the problem, with no results. He passed out some material to the Directors, saying he wanted to have some answers to why he can't get some protection. He said he has called the police on numerous occasions. He said he would like an ordinance to be passed to protect families and their property. He said he would like an answer but didn't care to discuss it at this time. The Mayor said she thought this would take some investigation by the City staff. The City Manager said he would look into the problem. The Mayor told Embry the City would get back to him. CITIZEN PETITION/HERBICIDE ISSUE 28r 285 285 285 285 A woman speaking from the audience said over 1,400 signatures had been obtained 285 on "the herbicide issue" to turn into the City Clerk. She asked if precinct numbers were required to be included on a petition. The City Attorney advised her this was not a requirement. She said tomorrow she was sending a chemical complaint to the State Plant Board against City misuse of the herbicide WSA-6, for not following the label directions. CITIZEN COMMENTS/RECYCLING PROGRAM Floyd Calhoun, resident of 3301 Post Road, asked if there was a budget for the proposed recycling program Mike Batie said a formal budget had not been prepared but the cost is estimated to range from $150-200,000 for initial startup. Calhoun said the City was still "in a gut -wrenching trauma" on phase 285 September 6, 1988 86.1 one of solid waste disposal. He said he thought it would be an expensive program that the citizens would have to pay for. AUTHORITY OF BOARD TO REMOVE IMPROVEMENT DISTRICT COMMISSIONER '.86.2 The Mayor asked the City Attorney to report on the authority of the Board to remove an improvement district commissioner. McCord said that at the August 16 Board meeting a petition was submitted by seven property owners within the Dickson Street Central Business Improvement District, requesting the City Board to remove one of the commissioners of the district. He said he researched the law and advised the Board on their authority in this matter, and that his memo to the Board was included in the agenda. He said the Board needed to decide whether the petition alleges facts which, if proven, will constitute Legal cause for removal. He said, if so, the Board should set a hearing date and give the commissioner at least ten days written notice specifying the date and the charges. !86.3 Director Marinoni moved that the Board set a meeting date ten days hence. There was no second to his motion. !86.4 The Mayor said she thought the Board needed to decide whether or not "cause" has been proven by the petitioners. The City Attorney said the issue was whether the facts alleged, if proven, would constitute legal cause for removal. !86.5 McCord summarized what the Arkansas Supreme Court has said: 186.6 "'Cause', or 'sufficient cause', means 'legal cause', and not any cause which the Council may think sufficient. The cause must be one which specifically relates and affects the administration of the office, and must be restricted to something of a substantial nature directly affecting the rights and interests of the public." ?86.7 He said the "cause" assigned for removal of an improvement district commissioner "must be of substance relating to the character, neglect of duty, or fitness of the person removed." He said it must be an "act of commission or omission that, considered in its relation to the duty involved, would stamp the person in question as unfit to occupy the position." 186.8 The Mayor said the allegations in the petition were that the commissioner's property was not assessed, and the Board received copy of a letter from the assessors indicating that was an oversight caused by failure of the material to be included in the Washington County Tax Assessor's records. 286.9 Director Lancaster said, if the omission was the fault of the Tax office and not the commissioner, he would find it hard to say the commissioner was to blame for it. He said if it was collusion between the Board of Improvement and the Tax office, then "the whole works would be in trouble." September 6, 1988 287 The City Attorney said if the Board did not believe it had sufficient information 287. to make a decision now on whether to call a hearing, the staff would be glad to try to assemble whatever additional information they need. Director Hess .said he believed there was more than one allegation in the petition. Hess asked McCord if he was saying that, if the complaints are found to be true and would cause a dereliction of duty, a hearing is called for. McCord said the Board should assume that the facts alleged would be proven, in determining whether to call a hearing. Director Marinoni said he would like more information. Martin said there was not only the issue of unassessed property,jbut_the issue of keeping the neighborhood clean. He said he needed more of a layout as to what the allegations are and what their implications would be for carrying on the commissioner's duties. 287. It was decided to place the question on the next agenda. - 287. ADJOURNMENT The meeting was adjourned at about 9:35 p.m. 287. •