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HomeMy WebLinkAbout1992-12-01 Minutes649 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, December 1, 1992, at 6:30 p.m. in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Woody Bassett, Fred Vorsanger, Len Edens, Joan Chapman, Heather Faddoul, Stephen Miller, Kit Williams, and Conrad Odom; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Public Works Director Kevin Crosson; Planning Management Director Alett Little; members of Staff, press, and audience. CALL TO ORDER 4 Mayor Hanna called the meeting to order with eight aldermen present. INCINERATOR LAWSUIT 1 Mayor Hanna introduced a report on the status of the appeal of the incinerator lawsuit.. City Attorney Rose stated he had been asked to address two questions: (1) could he handle the appeal without the Niblock Law Firm and (2) could he provide the Council with an estimated cost of the appeal. Rose stated Walter Niblock.has written a letter to the Council addressing these questions. Mr. Niblock stated City Attorney Rose was fully able to argue the appeal without the Niblock firm. Niblock reminded the Council that the Niblock firm was hired in 1988 or 89 as a result of the Washington D.C. law firm needing a local law firm to work with the court system. Regarding the cost of the appeal, there was no way he could handle the appeal for a flat fee. There are many details involved with preparing the appeal. One of the major tasks is to write the appeal brief. This document will be a condensed version of all of the voluminous briefs and records that have been presented in the case. There will also be oral arguments before the Supreme Court, and there could be motions to be filed before the Supreme Court. He stated the only thing he could guarantee the Council was that he and Kitty Gay would continue to perform the same level of service they have been providing at a cost of $125 per hour for himself and $100 per hour for Ms. Gay. City Attorney Rose stated these hourly charges were very normal for this area. He stated Niblock and Gay have served the City well to this point. Alderman Williams stated the total attorney fees in this case are in excess of -$1.3 million, and he feels this is an excessive amount. He realizes the majority of the fees are from the out of town law firm. Everything presented at the trial could have been December 1, 1992 presented in summary judgment pleadings. He asked if Niblock could provide the Council with some type of estimate of cost. He stated at this point, the City is only required to present a restating of what has been written in briefs. Mr. Niblock stated there was nothing simple in this case. This case should have been decided on a motion for summary judgment based on a finding of fact. He feels the system was almost abused by this lawsuit. His firm worked hard preparing for the trial they felt could last up to a week. The case was taken to trial, and the plaintiffs put on nothing that could not have been done by affidavit that would have saved time and money. A lot of what the defending attorneys do is a result of the actions by the plaintiffs. He has not come before this Council to be a whipping boy for the decisions made by a previous Board. He feels his firm was hired to do a professional job and feels they have done so. They worked many months before they even got a class plaintiff, and that translates into money. On the appeal, they have to abstract the record, and this requires a lot of different skills. Kitty Gay knows how to do this, and will do a good job. They don't even have the records, yet. The attorneys for the plaintiff, FGIC, and for Union National Bank are still trying to determine what all they want included in the record. When this case started, the Niblock firm submitted a bid to the city as they were requested, and they are willing to continue working at the same hourly rates. He is not here begging the Council to let his firm continue with this case. However, if the Council so chooses, his firm will continue to do a professional job for the City. Alderman Williams asked if the issues to be presented to the Supreme Court were the same as those given to the local judge. Kitty Gay stated they were, but not all of them were to be presented. Alderman Williams asked if different issues would be presented that were not presented to the local court. Ms. Gay stated no, but as Alderman Williams knows, the Niblock firm will have to do a lot of work condensing. They will do the work that is needed and charge reasonable price. Alderman Williams asked if Ms. Gay participated in drafting the briefs that went to the local judge. Ms. Gay stated she assisted Steve Pflaum with this task. Alderman Williams asked if she would be the attorney arguing the case before the Supreme Court. Ms. Gay stated that decision had not yet been made. 1 December 1 1992 ECONOMIC DEVELOPMENT Mayor Hanna introduced a report from James V. Crider of the Chamber of Commerce on the Economic. Development program. Mr.. Crider addressed the Council and stated this report was for the quarter ending September 30, 1992. Regarding new business recruitments, he has been coordinating with the Arkansas Industrial Development Commission (AIDC) to develop marketing teams. This resource has been working extremely well. He has worked with AIDC in the Arkansas Communities for Excellence Program. This program is geared to keeping Fayetteville's progress up to the standards of other communities. He,stated he has attended a couple of expos in Atlanta, Chicago, and'Anaheim. He:hasmade several contactswith industrial prospects asja result of the expos. The Economic Development Program has put advertisements in several industrial oriented magazines. He has received some inquiries from some industrial clients. They have also initiated some mailouts to industrial potentials., They have received 9 industrial inquiries. Regarding existing industries' the Chamber has taken the lead role in the Match Maker Program. On December -2, there will bea reverse trade show where people will§•come who are interested in finding Arkansas manufacturers 'for#their .Products. Mr. Crider has counseled 'ander provided,4referrals to five .small businesses. They are building'a business .and research library in conjunction with the Genesis Program. Mr. Crider stated the -rule'of kthumb ,for success of economic development prograins,,is that' it will - be over a year before any visible progress is -':made.; However, this program, in its first year, has made more.. progress, including the expansion of Easco Tools. z- ., ` r Alderman Miller stated Mr. Crider said.he had received 9 inquiries from industries, and they are trying to attract suitable industries to the area. He asked what did they consider suitable industries. r Mr. Crider stated they are looking for .research, high technology, electronics, aeronautics, plastics and/or plastic extrusion industries. • Alderman Chapman asked if the Chamber had in their organization people with expertise in environmental matters or do they look for this expertise elsewhere. Mr. Crider deals with resources, where ever stated one of the foremost questions asked new prospects their environmental concerns. He stated they seek other some from City Hall, the University of Arkansas, or necessary, to answer environmental questions. December 1, 1992 MAYOR COMPENSATION Mayor Hanna introduced consideration of an ordinance setting the compensation for the mayor. An ordinance was left on its first reading at the November 17, 1992 meeting setting compensation for the mayor at $50,000 per year plus a $5,000 annual vehicle allowance. The proposed ordinance prohibits the mayor from participating in the City's retirement plan, but it does provide for the mayor to receive other standard City benefits. City Attorney Rose read the ordinance for the second time. Alderman Williams stated in his ward meeting, they had a small turnout. However, there was unanimous approval for mayor compensation at the $50,000 level. He has also received several calls in support. Alderman Faddoul stated she was not against the mayor participating in the retirement plan. Alderman Edens stated he would like to amend the ordinance and let the mayor participate in the plan. The City's plan is more like an IRA. When the mayor leaves office, he will receive only his contributions plus the City's contribution. He feels the mayor should be able to participate in this program. Alderman Williams asked what percent the City contributes. Ben Mayes stated the City contributes 9%. He explained this is a deferred compensation plan. The employee contributes 3%. Alderman Williams asked if the mayor would receive all of the money the City contributes. Mayes stated yes, an employee is 100% vested immediately. Alderman Vorsanger, seconded by Faddoul, made a motion to amend the ordinance to allow for the mayor to receive the standard City benefits including participating in the retirement plan. Upon roll Vorsanger the rules Upon roll read the ordinance ORDINANCE call, the motion passed by a vote of 8 to 0. , seconded and place call, the ordinance passed by by Bassett, made a motion to further suspend the ordinance on its third and final reading. motion passed unanimously. The City Attorney for the third time. Upon roll call, the a vote of 8 to O. 3659 APPEARS ON PAGE 54,vi OF ORDINANCE BOOR XX ✓ -"December 1, 1992 ALDERMAN COMPENSATION Mayor Hanna introduced consideration of an ordinance setting the compensation for aldermen. An ordinance was left on its first reading at the November 17, 1992 meeting setting compensation for aldermen at $350 per month. The aldermen would receive no other benefits except reimbursement for travel expenses. City Attorney Rose read the ordinance for the second time. +Vorsanger, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the final time. Alderman Miller stated he had received calls in unanimous approval of the aldermen compensation. He• feels there should be compensation for two reasons: (1) so regular folks would be able to be in city government and (2) if aldermen are paid, he. feels they will be more responsible to the voters and the government. Alderman Chapman disagrees,that being paid will make the council more dedicated. There is a dichotomy between being paid and civic dedication. She does feel', however, they are compatible. • Alderman Miller stated- he agrees, but he was just relaying the calls he had received. Alderman Vorsanger addressed the travel reimbursement. He stated this would not be for traveling back and forth to council meetings, rather it would be for attending seminars, etc. Mayes concurred with Alderman Vorsanger. Alderman Bassett stated there were different choices to be and sometimes you have •to say$no to honest, sincere people. of people have urged him to vote for compensation. He has from all sorts of people who feel many different ways. He feels there have been many years of Board members that have not been paid and have done an extremely good job for the City. He feels this is a good tradition that should not be broken. He feels everyone on the Council will be responsible if they are paid or not. He still feels the aldermen should not be paid. Alderman Vorsanger stated he served 4 years without any pay. He has received several phone calls, and they have been about 50/50 regarding the pay issue. Some of the present Council members have to take off work to attend the meetings. It is their choice to go without pay. He feels it would be an imposition to ask them to sacrifice some of their pay. Alderman Williams agrees with Vorsanger about a lot of what he has said. However, he does feel the aldermen will be more accountable made, A lot heard still December 1, 1992 to the citizens if they receive pay. The citizens like the fact that it is a government paid for by the people. Steve Cummings addressed the Council stating he remembers three times when the Springdale aldermen compensation got completely out of hand. He feels aldermen should be paid enough to survive. Upon roll call, the ordinance passed by a vote of 5 to 3, with Aldermen Bassett, Edens, and Odom voting no. ORDINANCE 3660 APPEARS ON PAGE ,326 OF ORDINANCE BOOK X X V1 CITY TREASURER COMPENSATION Mayor Hanna introduced consideration of an ordinance setting the compensation for the City Treasurer. An ordinance was left on its first reading at the November 17, 1992 meeting setting compensation for the City Treasurer at the same rate as for the aldermen. The proposed figure was $350 per month with no other benefits except reimbursement for travel expenses. The treasurer's job is to perform basically the duties as outlined by statute. Alderman Chapman stated she remains concerned about diminishing the role of the treasurer and making that person into a robot. The financial reports will be prepared by city accounting staff, and the treasurer will only be reviewing it. Alderman Chapman made a motion to amend the ordinance by adding to Section 3 that the treasurer should have the authority, if he deems necessary, to make an independent report on any part of the budget to the mayor and council. This will allow for the treasurer to make judgment decisions and not simply read what the staff has prepared Alderman Vorsanger stated the organizational chart shows there is an internal auditor who reports directly to the mayor. That person keeps the mayor and council apprised of any matters that might be necessary. Mayor Hanna stated the duties as outlined are for the protection of the treasurer. He does not want to subject the treasurer to liability or possible criticism from the public. Alderman Chapman stated the treasurer was elected, and he has a duty. She stated it may be helpful to hear how the treasurer feels about his duties. Alderman Williams stated he feels this power is in the ordinance anyway. However, he sees no problem with the amendment. Treasurer Bunton stated he thinks the ordinance is sufficient except for the lack of authority. If he has a question or a disagreement on some particular point or issue of the budget, he feels he would be liable to the public. He feels Alderman 077 December 1, 1992., Chapman's amendment is in order and gives him some necessary authority. As an elected official, he has responsibility to the voters. Alderman Vorsanger asked if the ordinance needed to be broadened to include duties. City Attorney Rose stated the ordinance already lists most of the appropriate duties. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3661 APPEARS ON PAGE J o2f CONSENT AGENDA OF ORDINANCE BOOK )0( V l }, Mayor Hanna introduced'considerationof items which maybe approved by motion, or contracts and leases _which can be approved by resolution, and which may be grouped together and. approved simultaneously under -a "Consent Agenda", A. Minutes of the November 10, 1992 Special City Council meeting. 3 B. A resolution awarding.Bid`,92746 to the lowest bidder meeting specifications, E.A. 'Martin Machinery Co., for a •185CFM Portable Air Compressor in the amount of $10,175.44. This budgeted purchase is areplacement'of a unit that will be used by the. Street Department.' C. Consideration of.a,resolution'accepting an offer by Charles S. Trantham, attorney for Worthen Bank, for Worthen Bank to donate to the City approximately 2.81 acres of land located at the northwest corner of thedntersection of Old Wire Road and Highway 265. At3 1 ) ` -' .... 1. This property is located' adjacent to the City's sewer lift station on Old Wire Road:lIt is located within the floodplain and includes a• tributary of Mud ''Creek. Sewer and gas easements also runthrough the property. RESOLUTION 178-92 AS RECORDED IN THE CITY CLERK'S OFFICE V J1 D. A resolution awarding Bid 92-49'to.the lowest bidder meeting specifications,•Shipley Motor Equipment Co., for a single axle cab and chassis for flat bed dump operation in the amount of $62,450, and approval of a budget adjustment. This is a budgeted replacement and will be used by the Water and Sewer Division to haul soil, blacktop, and/or rock to complete repairs. The budget adjustment of $30,081 will be funded from equipment purchases earlier in the year that cost less than the budgeted amount. December 1, 1992 E. A resolution awarding Bid 92-50 to the lowest bidder meeting specifications, Shipley Motor Equipment Co., for a tri -axle 18 yard capacity dump truck with a trade in of Unit #704 for a total amount of $79,925. This is a budget replacement and will be used by the Street Division to haul asphalt and dirt to and from construction and repair sites. Alderman Edens stated he wanted to pull items 8, D, and E from the Consent Agenda. Vorsanger, seconded by Williams, made a motion to approve the Consent Agenda. Upon roll call, the motion passed by a vote of 8 to 0. ITEM B Alderman Edens stated he wanted these items pulled so they could discuss the formation of a three person committee to monitor purchases, sales, etc., of this type of equipment. There has not been enough time to consider the purchases of such large, expensive items as this equipment. He would like to table the items until January and set up rules and guidelines for this type of purchase. He asked when the bids expire. Bill Oestreich, Fleet Operations Manager, stated these items have been planned for a long time and are in the 5 year CIP. He has tracked these vehicles since 1989. There was price increase November 18, and these prices are good only until the second meeting in December. Manufacturers will be closing down for the holidays, and if the orders are delayed, the City projects will have to be put on hold until the new equipment is delivered. The departments have planned so the current City Council would have more time to know what is going on. They have just put another clutch in Unit 704, and it has high mileage. If the Council delays this decision until January, they will lose the price protection, and the equipment will have to be rebid. This would lose the support of the dealers, especially if another bidder came in and undercut the previously bid amounts. Alderman Vorsanger stated if the bid were for less the item would not have to come before the Council Oestreich stated this was correct. than $10,000, for approval. Alderman Vorsanger stated the mayor has the authority to approve purchases less than $10,000. The need for this equipment is not the point. He feels the Council should look hard before turning down the air compressor purchase. Alderman Edens stated he was trying to establish a three person committee to look at the equipment and inform the Council of its UJ/ December 1, 1992,.,. ys . condition. He is trying to differentiate between "budgeted" and "need" for equipment. Mr. Oestreich stated the CIP is a planning document. In 1989, the life expectancy was calculated including the use and repair costs of equipment. The City strives to get the maximum utilization of its equipment. These purchases will replace three units and one will be kept as a standby. The City Shop is open for anyone to come and inspect. On these particular units, time is of the essence to maintain the bid price and to get delivery in time for the construction season. Alderman Edens stated he would like to table the items for two weeks. Alderman Williams applauds the efforts of City Staff, but this Council wants to be,,,more of a "hands on" body in regulating government. ar Alderman Miller stated one of the.reasons these are being discussed is because he is fearful items are being purchased just because they are budgeted rather than because they are needed. He is also concerned about the lowttrade in amounts. Mr. Oestreich stated someofthe equipment purchases made in the '80's were made solely don the basis of cost without any regard to the jobs required. Some of the equipment is too small and because of this, wears out "quickly. •Therefore,' the trade in amounts are also low. By purchasing equipment that is rated for the jobs required, there will still be a viable trade in value when the equipment is replaced with future purchases.. al a Ben Mayes stated he appreciates the comments of the Council. He stated Bill Oestreich has never purchased anything just because it was budgeted. These items were actually ready for the Council's first meeting held on November 17, but were not included on the agenda for fear of throwing too much. too soon at the new Council members. • Mr. Oestreich stated Shipley would hold their prices until the second meeting in December. However, the Shop has already sold the old air compressor that•Item B is to replace. In addition, the old unit Item D is replacing has been sold: as well. Both of these items were sold for less than $5,000 and did not require Council approval. He stated the departmentshave been working without the vehicles and the air compressor awaiting the replacements. Alderman Vorsanger, seconded by Odom, made a motion to approve the purchase of Item B. Upon roll call,the motion passed by a vote of 8 to 0. RESOLUTION 179-92 AS RECORDED IN THE CITY CLERK'S OFFICE December 1, 1992 ITEM D Alderman Williams, seconded by Miller, made a motion to table this item until the December 15 meeting. Upon roll call, the motion passed by a vote of 8 to 0. AIMEE Alderman Williams, seconded by Miller, made a motion to table this item until the December 15 meeting. Upon roll call, the motion passed by a vote of 8 to 0. REZONE R92-38 Mayor Hanna introduced consideration of an ordinance rezoning .37 acres located south of Mission and east of Crossover Road (Lot 12, Crossover Heights Ph. III) from C-2, Thoroughfare Commercial, to R - O, Residential -Office, as requested by Dave Jorgensen on behalf of Dick Keating. Planning Director Alett Little stated the Planning Commission voted 9-0-0 to recommend rezoning, and there was no public comment. City Attorney Rose read the ordinance for the first time. Bassett, seconded by Vorsanger, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed unanimously. City Attorney Rose read the ordinance for the second time. Bassett, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed unanimously, and the City Attorney read the ordinance for the final time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3662 APPEARS ON PAGE 32Y OF ORDINANCE BOOK XX V1 REZONE R92-39 Mayor Hanna introduced consideration of an ordinance rezoning .569 acres located on the west side of N. College Avenue and south of Drake Street (2601 N. College Avenue) from A-1, 4gricultural, to C- 2, Thoroughfare Commercial, as requested by Dave Jorgensen on behalf of Dick Keating. Ms. Little stated the Planning Commission voted 9-0-0 to recommend rezoning. One member of the public was concerned about the drainage problems the mobile home park might incur once the property is developed. Little stated this would be addressed when the developer goes through the Large Scale Development review. uJJ December 1, 1992 City Attorney Rose read the ordinance for the first time. Williams, seconded by Bassett, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 t 1, with Miller voting no. Bassett, seconded by Vorsanger, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed unanimously. The City Attorney read the ordinance for the third time. Alderman Miller stated he listenedd to the man who was concerned about the drainage at the Planning Commission. He stated he viewed the property, and there is evidence of water going through the trailer court, and this could be a real problem. Alderman Williams stated this has come before the Planning Commission and asked how the drainage problem would be addressed. Ms. Little stated the Sierra Estates Mobile Home park has been brought to the attention of herself or City Engineer Don Bunn. At the time the developer proceeds -through the Large Scale Development process, the drainage issue will be addressed. Alderman Miller asked if we have laws and legal recourse against a developer who causes drainage problems., Ms. Little stated there is no drainage ordinance at this time. However, work on one is in progress, and these issues are considered during the'development process. Mayor Hanna stated the Council was only here to decide the rezoning issue. The development issue will be discussed at the appropriate time. Upon roll call, the ordinance passed by a vote of 7 to 1, with Alderman Miller voting no.' ORDINANCE. 3663 APPEARS ON ,PAGE 33 Y •L OF ORDINANCE BOOK X X Vi, WARD ELECTIONS 1 Mayor Hanna introduced considerationof an ordinance amending the current at -large election of aldermen. Currently, an alderman must reside within the ward from which they seek to be electedand,shall run at large. The City Council is empowered and authorized to provide, by, ordinance, for either of the following two methods: 1) that all aldermen be elected by ward, in which event each alderman shall be voted upon by the qualified electors of the ward from which the_person is a candidate, or December 1, 1992 2) one alderman from each ward may be elected citywide and the other alderman may be elected from each ward by the voters of the ward only. City Attorney Rose stated he had prepared two ordinances, each reflecting one of the stated methods. Alderman Vorsanger made a motion for the City Attorney to read the ordinance calling for all aldermen to be voted on by ward. City Attorney Rose read the ordinance for the first time. Alderman Williams stated he favored a mixed system. Alderman Bassett stated he was inclined to vote for the ordinance for all aldermen to be elected by ward. He would like to hear from the public. Alderman Williams stated he is opposed to putting the ordinance on final reading. He stated there is plenty of time until the next election. Alderman Faddoul stated campaign costs and time would be more evenly distributed if all aldermen were elected by ward. She would like to here from the public as well. Alderman Chapman feels Alderman Williams has good reasons for this system. She feels a closed ward system allows for aldermen to reach out to a management size of the public. It allows for a closer relationship with the citizens and for more availability. Alderman Edens stated this type of system works really well on the federal level by having both senators and the House of Representatives. He is more inclined to lean toward ward representation only. However, he also wants the aldermen to be responsive to the city as a whole. Alderman Williams stated there was a lot of discussion during the last election of gridlock. He would like to see half of the Council responsible to all of the citizens as is the mayor. He feels this would help the unification process for the citizens of this town. Alderman Miller stated if a person is elected citywide but loses in his own ward, he could still be elected under the present system. He has had about 20-30 calls, and all of them have been in favor of the closed ward system. Alderman Vorsanger stated he made a motion to have a closed ward system because if anything could be more confusing that the last election, it would be a split system. People have pride in their particular wards and/or neighborhoods, and he feels they want to be able to talk to the people who are representing them. If an December 1, 1992 alderman is elected by ward only, two of the eight new aldermen would not be here now. The largest number of people in this election voted in the mayor's race. There were 2400 more votes for mayor than for any alderman position. Those 2400 votes could have made a big difference in the aldermen races. He feels the Council should try to simplify the election process, and closing the wards would be one way to help. Alderman Chapman stated Alderman Williams' point about representing the city as a whole is important. Even in a closed ward system, she would still be concerned about the welfare of the whole city. With a closed ward system, aldermen can have more contact with citizens, and the citizens feel they can bring their concerns to their representatives better in a closed system. Alderman Williams stated he represents Ward 1 first and the City second. He fears there might be more disunity on the Council with a closed system. He stated when the change of government was voted on, it barely passed. If it had been retained, the question to reorganize the method of electing directors passed by a vote of 2 to 1. He feels the people are in favor of a split system. Glen Macey stated he attended the Ward 1 meeting. He disagrees with Alderman Williams. He feels that all aldermen should take a broad view of the city and their wards. With a closed ward system, the alderman knows the people in his ward voted for him and want .him as their representative. Cyrus Young agreed with Alderman Vorsanger about the confusion of the last election. People did not know who they were to vote on. Disunity may well develop, but we may also develop the ability to compromise which was not evident with the old Board. Mark Sugg stated he would like to see one'of each of the two types of candidates. ft Marty Newmark agrees with Alderman Vorsanger that the closed ward system would be best. 'Citizens•.were under the impression that whey would be voting only for the aldermen from their wards. He feels citizens want a closed'ward system so they will have someone to hold accountable and to talk with. • Joe Robson stated with veto power. Therefore, look out for the whole feel is viable or fair. • this system of government, the mayor has 'the mayor has the power and authority to city and could veto a project he does not Washington County has a closed system, and it works well. He is in support of the closed system and does not feel there will be ward warfare. - Alderman Vorsanger encouraged citizens to let their aldermen know their feelings about this issue. 1 • December 1, 1992 WASTEWATER TREATMENT PLANT Mayor Hanna introduced a report from Staff on the National Pollutant Discharge Elimination System (NPDES) permit recently issued to the City allowing for the operation of the Wastewater Treatment Plant. Jake Rohrich, OMI Project Manager, addressed the Council. He stated the NPDES permit was established by the US Congress along with the Clean Water Act to regulate the owners of dischargers. He outlined the history of the Paul R. Noland Wastewater Treatment Plant with the first city plant back in 1916. In 1967 the City received a permit to discharge into the White River. In 1992, the Supreme Court ruled in favor of Fayetteville and allowed the split flow system. Mr. Rohrich stated the plant has had 33 consecutive months with 100% compliance to the regulations. Last month, there was a high level of rainfall, and the plant limits were being pushed. OMI has a large network of experts to call upon for support. Mr. Rohrich summarized some of the major changes between the old and new permit. The new permit requires more testing that will cost an additional $48,000 per year. Discharge limitations are more restrictive. To his knowledge, Fayetteville's is the most restrictive in the state and even the region consisting of Texas, Oklahoma, Arkansas, New Mexico, and Louisiana. Alderman Vorsanger asked why ours was so much more stringent. Mr. Rohrich stated the limits are computer generated based on flow, water usage, streams used, etc., and he also feels politics plays a part in this because our flow goes into Oklahoma. Mr. Rohrich stated the in-house quality control system is quite elaborate. However, there are new bio monitoring mandates that require very fragile testing. There is a lot of room for technical errors. Fayetteville has to sample for 6 consecutive months according to the permit. If we pass each of the 6 months of testing, the level of testing will be revised. If we fail any one of the tests, we get one retry, and then if we fail during the one retry, we have to find out why, what, and who in the community is making the effluent tests fail. We currently have a split flow system with half going to both the White River and Mud Creek. Sometimes with high levels of rainfall, the system nears exceeding the 12.2 million gallon flow limit. If this happens, we will have an overflow violation. Fayetteville cannot live with this permit limitation, and OMI is planning a meeting with the EPA to request a change in the permit. If an overflow occurs, we will report it to the EPA who will then issue an administrative order. An administrative order has already been issued for Fayetteville, and we are in the process of compliance. December 1, 1992 One of the major projects for OMI is public education. The goal is to educate both the general public and industry and make them aware of the stringent permit and effluent requirements. Alderman Chapman asked if there would be any advantages to the $48,000 of additional testing that has been required. Mr. Rohrich stated there were really none. These new requirements are consistent with the current movement which are a result of the Clean Water Act. Alderman Bassett asked what time period the permit was for. Mr. Rohrich stated it was a 5 year permit. Alderman Bassett asked who issued the permit. Mr. Rohrich stated it was the state Department of Pollution and Control. Alderman Williams stated we were currently building a new larger water line from Beaver Lake. He asked how this additional water would affect the capacity of the wastewater treatment plant. Mr. Rohrich stated the plant was not yet running at capacity. If we were to reach the capacity without expanding, it would lock up the growth allowed for the community. The administrative order that was previously issued called for the City to eliminate storm water from the wastewater treatment plant. We are currently working toward that goal. However, he does not see any problems with normal community growth for the future of Fayetteville. The plant does have the capability of being expanded. Alderman Miller stated he did not see any testing for mercury. He asked why this was not done. Mr. Rohrich stated mercury testing was dropped as a requirement because previous testing has proven that we do not have a problem with mercury. Alderman Chapman stated.with the trend -for tighter controls, what are the plans if the holding pond becomes full. Mr. Rohrich stated there would probably bean overflow violation. The overflow would be additional treated effluent that would be released into the two discharge rivers. Alderman Miller asked if_ we had ever had a kill of the organisms that work in our sludge plant. Mr. Rohrich stated we have not had a kill, but we have had times when we have inhibited them because of too much flow. 4 CAPITAL IMPROVEMENTS PROGRAM Mayor Hanna introduced consideration of a resolution adopting the 1993-1997 CIP document. He stated this document had been presented at the Council retreat. • • • December 1, 1992 Alderman Vorsanger asked for a comparison of what had been approved for 1993 previously and what was in the budget for 1993. He stated the program was well thought out and pointed out its flexibility. Alderman Williams commended Staff for their presentation of the document. He stated by approving the CIP, the Council would basically be ratifying what the voters told them to do several years ago in the election. Williams, seconded by Vorsanger, made a motion to approve the 1993- 1997 Capital Improvements Program Alderman Miller stated he felt some of the projects were overpriced, but since this is an outline and malleable, he was in support of approving the document. Alderman Bassett stated he too wanted to compliment Staff for a job well done. He felt the priorities addressed meet the needs of the citizens. He is hopeful for a quick, favorable ruling from the Supreme Court on the sales tax lawsuit. Upon roll call, the motion to approve the CIP passed by a vote of 8 to 0. RESOLUTION 180-92 AS RECORDED IN TEE CITY CLERR'S OFFICE OTHER BUSINESS WARD 1 MEETINGS Alderman Williams stated Ward 1 would have meeting on December 18, 1992, at 6:30 p.m. in the Jefferson School cafeteria. WARD 3 MEETINGS Alderman Edens stated Ward 3 would hold meetings the 3rd Thursday of each month alternating between Butterfield and Root Schools every other month. WARD 2 MEETINGS Alderman Bassett stated starting in January, they would be holding meetings on the 2nd Tuesdays of each month. WARD 4 MEETINGS Alderman Chapman stated Ward 4 would hold meetings beginning Thursday, December 10, 1992. ADJOURNMENT The meeting adjourned at 9:35 p.m. 1