HomeMy WebLinkAbout1979-10-16 Minutes1
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MINUTES OF A BOARD OF DIRECTORS REGULAR MEETING
The City
1979, in
Arkansas.
PRESENT:
ABSENT:
Board of Directors met in regular session on Tuesday, October 16,
the Directors Room, City Administration Building, Fayetteville,
Mayor David Malone, Directors Ernest Lancaster, John Todd, Paul
Noland, Richard Osborne, Ann Henry and Phil Colwell; City Manager
Don Grimes, City Attorney Jim McCord, City Clerk Angie Medlock,
and Administrative Assistant David McWethy.
None.
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OTHERS PRESENT: Members of the audience and representatives of the news media.
CALL TO ORDER
Following a moment of respectful silence and roll call, the mayor called
for consideration of the first item of business.
NOISE ORDINANCE
The mayor explained that the proposed noise control ordinance had been 177.1
read for the first time at the previous meeting. The city attorney then read
the ordinance for the second time.
The mayor noted that the city attorney had provided the Board with three 177.2
additional drafts of ordinances controlling noise for their consideration and
Director Osborne had submitted another ordinance for consideration. Malone
noted also that a petition signed by approximately 50 area residents west of
Garland Avenue, in favor of a noise control ordinance had been submitted.
Susan Hood asked how a determination would be made on what would be con- 177.3
sidered an "unlawful amount" of noise from parties. Malone commented that on
one of the proposed ordinances, it states that if the music is plainly audible
at a distance of 50 feet from the property line, it would be considered a
violation of the ordinance.
Bill Bailey, representing campus fraternities, asked if the ordinance 177.4
was prompted by the fraternities. Director Osborne responded that initially
the ordinance was not aimed only at fraternities --there had also been complaints
from residents near Dickson Street of loud music in the garden at George's Lounge.
Osborne said, however, the worst infraction in his own neighborhood, has been
fraternity parties on Stadium Drive.
Bailey asked that representatives of the fraternities be given an oppor- 177.5
tunity to discuss the problem with representatives of the City Board and area
residents.
Dina Williams, laving on the corner of Cleveland and Sunset, expressed 177.6
concern about the party noise which could be heard at her house. She said
she did not feel the students were aware of how the noise is affecting the
neighborhood, and said she would like some "understanding" of the problem.
Norman Gabbard asked if the proposed ordinance would apply to other 177.7
types of noises. He suggested that something other than whistles should be
used for trains since deaf people would not be able to tell that a train was
coming when only a whistle is used as a warning.
178 10- 16-79
178.1 Paul Weingart said they are looking for fairness. He said he feels
the music is definitely too loud. He noted also that it was stated in the
Arkansas Traveler that the Department of Public Safety will ask offenders
to turn the noise down, but they have apparently not been doing that.
178.2 Bart Verden, living in one of the fraternity houses on Stadium Drive,
said he has talked with Tom Posey at the Department of Public Safety, who told
him as existing regulations are, if DPS receives a number of complaints,
they are obligated to inform the parties of the complaints. He said Posey
had also indicated the noise must stop at 1:00 a.m. Verden suggested also
that loud party noise should be expected by residents living next to campus.
178.3 Ruby Anderson expressed concern about the noise problems. She commented
that she too had called DPS and the music had not been turned down. She stated
that when you can hear the music a quarter -mile away, it is too loud.
178.4 Becky Vestel commented that if the ordinance is passed, it would also
restrict daytime symphonies in the park. Malone commented that some of the
proposed ordinances deal with that situation.
178.5 Susan Hood asked what enforcements would be taken if noise exceeded the
50 feet limitation and who would enforce the ordinance, and Mayor Malone said
DPS could enforce the ordinance if it is on property owned by the University
and the city police could enforce the ordinance anywhere within the city. Malone
commented further, that the maximum fine for breaking a city ordinance is $500.
178.6 Maureen Anderson, Dean of Students, said the University has a policy about
amplification outside of buildings which limits the outside amplification to
11:00 p.m. on week nights and 1:00 a.m. on weekends. She said that policy should
be enforced by the Department of Public Safety.
178.7 Director Osborne read into the record comments from Mrs. Nix on Viewpoint
Drive who had expressed hope that the ordinance would cover fireworks. He also
read comments from Mrs. Ralph Ramey who had complained about bands in the Deldonn
Apartments and had asked that the ordinance include loud music in apartment
buildings.
178.8 Director Todd stated that if fraternity representatives would like to
meet with board representatives, he would like to allow time for this.
178.9 The city attorney, in response to the directors, said he would personally
support as concise an ordinance as possible. He recommended that the ordinance
be one which is not vague and one which will not result in erratic and inconsis-
tent convictions.
178.10 The mayor asked the city attorney to get copies of other college town
noise ordinances for the Board to review. Director Todd said he was concerned
that the ordinance is directed mainly at loud music, and noted that there are
problems with other types of noises.
178.11 The Board left the ordinance on second reading to allow director represen-
tatives to meet with representatives of the fraternities.
COMMUNITY DEVELOPMENT COMMITTEE ABOLISHMENT
178.12 The mayor opened discussion on a proposal to abolish the Community
Development and Housing Assistance Plan Committees.
178.13 Mayor Malone said he is concerned about some of the publicity received
on this proposal. He assured the audience that the Board appreciates the input
and efforts of the two committees. He said the issue was raised about the
problem of filling vacancies on the committees.
178.14 Malone explained that the Board Nominating Committee goes through the
standard procedure of appointing persons to these committees and he feels the
City of Fayetteville has the best record of any city in the state in citizen
advisory input. He explained that the City has been having a great deal of
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179
difficulty in getting low and moderate income people from the needed areas 179.1
apply for vacancies on the committees. Malone explained that the City has
been getting some criticism from HUD on this issue. He explained further,
that according to HUD regulations, the City of Fayetteville does not have to
have advisory committees, however, if they do abolish the committees, the
City Board would still be required to hold two public hearings to get input
from persons in the low and moderate income areas.
Lois Frye read a statement do behalf of the League of Women Voters, 179.2
encouraging the continuation of the advisory committees. (This statement
is on file in the city clerk's office.)
Ralph Nesson commented that he had applied for a position on the Housing 179.3
Assistance Plan Committee when he was living in a low and moderate income area
Q) but had not been selected for the committee. He said he is evidence of a
O qualified person who was not put on a committee.
a) Director Henry explained that the problem has been filling vacancies with 179.4
Q qualified persons on the Community Development committee. She explained that
low and moderate income areas are determined by census tracts and the census
tracts have not been revised since 1970. She pointed out also that people who
Q qualify as low and moderate income also live in the other census tracts. Henry
explained that during the last vacancies on the committee, the City advertised
the vacancies three times in the newspaper, and finally Board members wrote
letters to people they knew living in the needed areas, asking them if they
would be interested in serving on the committee or if they knew of someone who
would be willing to serve. She said with this, they finally got a number of
respondents anddwere able to fill the vacancies. Director Henry stated that
she feels it is worth the additional effort to get qualified persons to apply
for the committees.
Henry stated further that part of the problem is that someone living in 179.5
Census Tract 101 (which is not considered low and moderate income) may deal
with low and moderate income persons and are better able to speak to the needs
of those people. Henry commented that 8 of the 19 members are from Census
Tract 101, however at least two of the representatives of that tract,
consider themselves as low or moderate income.
Joe Neal asked why Ralph Nesson had not been selected for the committee 179.6
and Director Henry explained that because you apply for a vacancy does not
automatically mean you will be selected. She said if several qualified persons
apply for a vacancy, the nominating committee must make a value judgement on
who to select.
Director Noland stated that he feels Fayetteville is probably doing a better
job than any city in the state in trying to get qualified applicants to fill 179.7
vacancies, and they are still getting criticized by HUD. Joe Neal suggested
consideration should be given to decreasing the size of the committee. Some
members of the committee responded that they would be willing to withdraw from
the committee if needed. Beverly Melton spoke in favor of the larger committees
and explained that they divide into subcommittees to try to visit areas to see
what needs to be done.
Director Lancaster noted that the City Board does not have any problems with
the efforts of the committees but the Board is frustrated because of the problems
with HUD. 179.8
,Semon. Thompson, with EOA, encouraged the Board to continue citizen parti-
cipation committees. He said EOA has an education outreach program in which 179.9
representatives would go out and talk with people in the areas and encourage them
to speak out. He noted that EOA has the same type of problems the City is
10-16-79
180
180.1 facing, in that EOA must have 1/3 lower income representatives on their
committees. Director Noland pointed out that the Community Development
committee now has more than 50% lower and moderate income persons.
180.2 Director Todd expressed concern that there is a real risk that the City
could lose future funds.
180.3 Director Henry said she felt if they abolish the committees, this would
call attention to the City, and not in a positive manner. She said she is
willing to talk to the director of HUD and explain the extraordinary efforts
the City has gone to in trying to fill vacancies. She said possibly HUD was
not given full information as to the process which had been followed in filling
vacancies.
180.4 Sylvia Swartz suggested the Board should consider not only what HUD will
do, but also what the citizens of Fayetteville will feel about abolishment of
the committees. She noted that at most Community Development meetings, they
have had a good representation of citizens and suggested the Board might open
themselves to a good deal of criticism if the committees are abolished.
180.5 Mayor Malone commented that they are talking about a great deal of money
which is used to benefit the low and moderate income areas. He suggested the
city manager's office draft a memo outlining the City's position, and after the
Board has agreed on their position, send a group to Little Rock to talk to the
HUD office.
180.6 Director Colwell asked that the Community Development director send
applications to those members whose appointments expire, asking them to try to
get others in their district to apply for vacancies.
CONTINUING EDUCATION CENTER
180.7 The city attorney introduced Mr. John Echols, of Friday, Eldredge, &
Clark law firm; and Boyd London, of First Southwest Company. Hesaid the
proposed ordinance would authorize the issuance of $4,4/5,000 in Act 380
Tourism Revenue Bonds, for construction of a Continuing Education Center.
180.8 The city attorney read the ordinance for the first time.
180.9 Director Henry, seconded by Noland, moved the rules be suspended and the
ordinance placed on second reading. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the motion passed and the city attorney read the ordinance
for the second time.
180.10 Director Henry, seconded by Director Colwell, moved the rules be further
suspended and the ordinance placed on third and final reading. The recorded
vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the motion passed and the city attorney read the ordinance
for the third and final time.
180.11 There being no further discussion, the mayor asked if the ordinance should
pass. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the ordinance passed.
180.12
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ORDINANCE NO. 2567 APPEARS ON PAGE 21 OF ORDINANCE AND RESOLUTION BOOK VIII.
REZONE PROPERTY: Sixth Street
The city attorney read an ordinance rezoning a .3 acre parcel of property
located on the north side of West Sixth Street between Hill and Duncan Avenues,
petitioner Danny K. Johnson. The requested change was to rezone the property
10-16-79
181
from I-1, Heavy Commercial and Light Industrial District, to R-2, Medium 181.1
Density Residential District.
Director Osborne, seconded by Noland, moved the rules be suspended and 181.2
the ordinance placed on second reading. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the motion passed and the city attorney read the ordinance
for the second time.
Director Todd, seconded by Henry, moved the rules be further suspended 181.3
and the ordinance placed on third and final reading. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
CD The mayor declared the motion passed and the city attorney read the ordinance
0 for the third and final time.
CO Norman Gabbard, adjoining property owner, asked what the petitioners are 181.4
planning tc do with the property and Ms. Cynthia Johnson responded that they
would be converting the existing house to a duplex.
C In response to Director Colwell, Cynthia Johnson explained that the smaller 181.5
Q building on the back of the property would be torn down and parking would be
provided in the rear.
There being no further discussion, the mayor asked if the ordinance 181.6
should pass. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the ordinance passed.
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ORDINANCE NO. 2568 APPEARS ON PAGE 26 OF ORDINANCE AND RESOLUTION BOOK VIII.
LAKE WILSON DAM / Engineering Study
The mayor explained that the Parks and Recreation Advisory Board had 181.7
requested the City Board to authorize an engineering study of the Lake Wilson
dam.
City Manager Grimes said a letter from the Governor had reflected that 181.8
the Soil and Conservation Service could make a visual inspection but could
not make a final determination on safety of the dam.
Mayor Malone asked the city manager to try to get some estimate of the 181.9
cost of the engineering study and report back to the Board.
In response to Director Todd, Dale Cress said the Jaycees are wanting to 181.10
do some clean-up work at Lake Wilson, distribute some picnic tables, and
finish a retaining wall. He said the Jaycees are very much in favor of the
study. He commented also that the Jaycees have had a small amount of borings
done at the dam.
David Lashley, Parks and Recreation Advisory Board, confirmed that the 181.11
Parks Board has been working with the Jaycees on what else could be done at
the dam. In response to Director Henry, Lashley said they are getting written
agreements as to what work is to be done.
City Manager Grime s stated that about a month ago, the City had received 181.12
some comments about the Lake Wilson Dump. Grimes said he had responded that
the City would have a crew cover the still -exposed debris during the winter
months.
Director Lancaster asked if there is any indication that the dam is not 181.13
safe and Dale Cress responded that he did not know --however, there were some
small cracks discovered in the dam in the past.
John Wolf commented that the Naval Reserve unit has some heavy earth- 181.14
moving equipment which could be used for public service work at the dam.
10-16-79
182
COMMUNITY DEVELOPMENT STREETS & SIDEWALKS
182.1 Rick Mason asked for approval for budget adjustments as reflected
on page 188:. He said with approval of these adjustments, they would have
sufficient funds to award contracts as recommended.
182.2 Director Todd moved the budget adjustments be approved.
seconded the motion. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None. RESOLUTION NO. 101-79 APPEARS ON PAGE
The mayor declared the motion passed. 76 OF ORDINANCE AND RESOLUTION BOOK VIII.
182.3 With approval of the budget adjustments, the Community Development director
recommended contract sections 1 and 4 be awarded to low bidder, Sweetser
Construction Company, and sections 2 and 3 be awarded to low bidder, McClinton -
Anchor Construction. The work to be done included Garland Street sidewalks,
Sixth Street sidewalks, Seventh Street sidewalks; paving of Sligo, Montgomery,
Alta, Greenwood and Irene, and Sycamore Street.
182.4 Responding to the mayor, the CD director said he had met with the residents
most concerned about the sidewalks to be constructed in their front yards. He
said they physically established where the sidewalk could go and be the least
offensive to anyone. Mason said he felt everyone was satisfied with what they
had discussed.
182.5 A gentleman in the audience contended that sidewalks are not needed. He
pointed out that the evening the Cbmmunity Development director was meeting with
the residents, only three school children walked by between 3:30 and 4:30.
He said he had checked on another day, and only 16 students came down the east
side of Garland and all of the children except one either turned right to go
east on North Street or cut through Oak Plaza Shopping Center.
182.6 In response to Mayor Malone, Rick Mason said they had found on most of
the properties, they could move the sidewalk to the east side of the 10 -foot
easement, which would be right next to the highway right-of-way. He said in
places where they couldn't relocate the sidewalks, there were problems with
large trees. Mason said probably 1/2 to 3/4 of all gas and water meters would
have to be relocated to install the sidewalk on the east side of the easement,
and this would be an extra expense.
182.7 In response to Mr. Maxwell, Rick Mason said they could take a permanent
5 -foot easement for the sidewalk; however, they would need a 10 -foot construction
easement. Maxwell agreed with a gentleman who spoke earlier in the meeting,
that sidewalks are not needed.
182.8 Mayor Malone explained that the Board had indicated at the last meeting
that they would go ahead with sidewalks if satisfactory bids came in.
182.9 Director Noland said the Board should do anything they can to minimize
destruction of the front yards of the property owners, and when possible,
they should require the minimum 5 -foot easement. He questioned if there might
be more foot traffic once sidewalks are provided.
182.10 Director Noland then moved to award bids as recommended, contingent upon the
CD office narrowing the easement to 5 feet, where feasible, and only using the
10 feet as a construction easement.
182.11 Following short discussion, the mayor
The recorded vote was:
Ayes: Henry, Lancaster, Todd,
Nays: None.
The mayor declared the resolution passed.
Lancaster
called
Noland, Osborne,
for
a vote on the motion.
Malone,
Colwell.
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RESOLUTION NO. 98-79 APPEARS ON PAGE 72 OF ORDINANCE AND RESOLUTION BOOK VIII111
10-16-79
183
III NORTH STREET/GREGG AVENUE FUNDING
The city manager explained that at the last meeting the Board had approved 183.1
reprogramming Revenue Sharing funds from the Fletcher Avenue project and from
the 1980 program astpart of the local share on the North/Gregg projects. He
said in visiting with Arkansas Highway and Transportation Department officials,
he learned the City could program the 1980 Revenue Sharing funds also. City
Manager Grimes asked for approval of the local portion of funding for these
projects as follows:
Reprogramming 1979 Revenue Sharing funds from
the Fletcher Avenue project $ 89,200
Programming 1979 Street Aid funds 54,580
CD Programming 1980 Street Aid funds 54,580
O Programming 1980 Revenue Sharing funds 76,640
Total local share: $ 275,000
CO
Q Bob Brandon was concerned about the four-laning of the streets. He suggested
Q that this may increase truck traffic on Gregg Street going through to the down- 183.2
CZ town area. He stated that the trucks are really a problem and asked that there
try to be some discouragement of them using the streets near the park. Brandon
suggested the Board consider making Gregg Avenue from Prospect to North Street
one-way. Director Colwell suggested the city manager send a letter to companies
whose trucks are using these streets asking for their cooperation in discouraging
truck traffic near the park. The Board agreed also to ask the Traffic Superinten-
dent to put up "No Thru Truck Traffic" signs.
Bob Brandon said the traffic superi:htendent had told him that "trucks" are 183.3
I contended to be tractor -trailer rigs only. Director Noland said the Board had
passed an ordinance a few years ago prohibiting trucks from going through the
area unless they are making a delivery in the area. Noland said the intention was
that only pick-up trucks were excluded from that ordinance.
Director Colwell commented that North Street and Gregg Avenue engineering 183.4
and paving are the top four priorities on the Streets Projects list. He noted
that the Board is taking away funding for project #6 in order to complete Gregg
and North Street. Director Noland responded that he feels it is encouraging that
they are making this much progress of the top four priorities.
There being no further discussion, Director Todd moved the manager's 183.5
recommendation for local share funding be accepted. Director Lancaster seconded
the motion. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the resolution passed.
RESOLUTION NO. 99-79 APPEARS ON PAGE 73 OF ORDINANCE AND RESOLUTION BOOK VIII.
SEWER LINE CONTRACT AMENDMENT / Hwy 71 & 62 West
Director Henry moved a resolution be approved authorizing a minor amendment 184.6
to an engineering contract previously entered into with McClelland Consulting
Engineers, for relocation of sewer lines in the area of Highways 71 and 62
West. Director Osborne seconded the motion. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the resolution passed.
RESOLUTION NO. 100-79 APPEARS ON PAGE 74 OF ORDINANCE AND RESOLUTION BOOK VIII.
184 10-17-79
ALLEY CLOSING / Robert Martin
184.1 The city attorney said all utility companies had approved abandoning of
a north/south alley running north from North Street between Leverett and
Storer Avenues and had not requested easements. He then read the ordinance
abandoning the alley for the first time.
184.2 Director Colwell, seconded by Noland, moved the rules be suspended and
the ordinance placed on second reading. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the motion passed and the city attorney read the ordinance
for the second time.
184.3 Mayor Malone, seconded by Director Henry, moved the rules be further
suspended and the ordinance placed on third and final reading. The recorded
vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the motion passed and the city attorney read the ordinance
for the third and final time.
184.4 There being no one present in opposition, the mayor asked if the ordinance
should pass. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the ordinance passed.
ORDINANCE NO. 2569 APPEARS ON PAGE 27 OF ORDINANCE AND RESOLUTION BOOK VIII.
SUBDIVISION ORDINANCE IMPROVEMENTS
184.5 An ordinance was proposed amending the City Code, regarding off-site
improvements to be installed in subdivisions developed in the City and in
the City's extra terratorial planning area.
184.6 In response to Director Noland, City Attorney McCord clarified that
Section 2, dealing with lot splits, would be deleted from the proposed ordi-
nance at this time.
184.7 The mayor noted that this ordinance was approved by a 9-0 vote of the
Planning Commission. The city attorney commented that the ordinance was the
result of lengthy meetings of a Planning Commission subcommittee who also took
into consideration developer's input.
184.8 Director Todd, seconded by Osborne, moved the rules be suspended and the
ordinance placed on second reading. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the motion passed and the city attorney read the ordinance
for the second time.
184.9 Director Osborne, seconded by Colwell, moved the rules be further suspended
and the ordinance placed on third reading. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the motion passed and the city attorney read the ordinance
for the third and final time.
184.10 In response to Director Todd, the city attorney explained that sewer
and drainage are required off-site improvements but the subcommittee of the
Planning Commission did not deem it necessary to set this out specifically in
the ordinance as sewer and drainage are covered by Article III, Section A of
the Code. The city attorney explained that every required improvement is
covered by this ordinance.
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10-16-79
185
City Attorney McCord explained further that the primary problem in new 185.1
developments is with streets, as a developer might argue that he should not
be required to improve the street.
Following discussion, Director Henry moved that Section A (4)(a) be 185.2
amended to read " . . . improvements, provided the Planning Commission, may
use a different method of measurement when it is determined that use of the
acreage standard would not bear a rational nexus to the needs created by the
subdivision." The city manager agreed with this amendment. Director Osborne
seconded the motion. The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the amendment approved.
There being no further discussion, the mayor asked if the amended ordinance 185.3
should pass. The recorded vote was:
0 Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, and Colwell.
Nays: None.
0 The mayor declared the amended ordinance approved.
1
ORDINANCE NO. 2570 APPEARS ON PAGE 28 OF ORDINANCE AND RESOLUTION BOOK VIII.
LAND USE PLAN UPDATE
City Manager Grimes noted a recommendation from Ken Riley, Northwest 185.4
Arkansas Regional Planning Commission, that the 1970-1990 General Land Use
Plan be updated. Grimes commented that the Regional Planning Commission has been
involved in working with the City and have worked on problems encountered and
amendments proposed to the General Land Use Plan.
Director Noland asked the Community Development director if this is, 185.6
in fact, 100% reimbursable by Community Development funds, and the director
said he would check to make sure it is.
Director Henry questioned if they should solicit bids from other interested 185.6
parties for the work and Malone said he did not feel they should be required
to solicit bids, as this is a specialized service. He said, however, that they
could ask for proposals from interested parties.
Following a short discussion, Mayor Malone moved the Board solicit 185.7
proposals from interested parties for the needed work, and submit to the
Community Development committee for a recommendation on funding of the project.
The Board agreed they would be interested in going ahead with the project if
it is determined that it is 100% reimbursable by Community Development
funds. Director Colwell seconded the mayor's motion. The recorded vote
was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the motion passed.
CONDEMNATION / Johnson Road/Highway 71 Sewer Line
The city attorney advised that the right-of-way agent had informed him
the proposed condemnation proceedings for acquisition of a sewer line easement
in the Johnson Road/Highway 71 area had been settled.
OTHER BUSINESS
The city attorney reported that the ordinance calling a special election
for the hospital bond issue had reflected a discrepancy in maturity dates of
the bonds. He then read an ordinance amending the maturity date reflected in
Section 2 of Ordinance No. 2566.
185.8
185.9
186 10-16-79
186.1 Director Osborne, seconded by Director Colwell, moved the rules be
suspended and the ordinance placed on second reading. The recorded vote
was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, and Colwell.
Nays: None.
The mayor declared the motion passed and the city attorney read the ordinance
for the second time.
186.2 Director Osborne, seconded by Colwell, moved the rules be further sus-
pended and the ordinance placed on third and final reading. The recorded
vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, and Colwell.
Nays: None.
The mayor declared the motion passed and the city attorney read the ordinance
for the third and final time.
186.3 There being no discussion, the mayor asked if the ordinance should pass.
The recorded vote was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, Colwell.
Nays: None.
The mayor declared the ordinance passed.
ORDINANCE NO. 2571 APPEARS ON PAGE 31
OF ORDINANCE AND RESOLUTION BOOK VIII.
ARKANSAS MUNICIPAL LEAGUE MEETING
186.4 The city manager called attention to the Arkansas Municipal League
meeting to be held November 4, 5, and 6 in Hot Springs.
BOARD MEETING DATE CHANGED
186.5 The mayor pointed out that November 6 is a regularly scheduled
Board meeting and asked the Board if they would like to reschedule that
meeting.
186.6 Following discussion, Director Osborne, seconded by Colwell, moved the
regularly scheduled November 6 meeting be changed to Octeber 30. The recorded
vote on the motion was:
Ayes: Henry, Lancaster, Todd, Noland, Osborne, Malone, and Colwell.
Nays: None.
The mayor declared the motion passed.
LAKE WILSON / Roger Seratt
186.7 Roger Seratt was present to address the Board concerning the Lake Wilson
area. Seratt told the Board that he had received approval from the Washington
County Planning Board in January of this year for his subdivision, Lake Wilson
Estates. He said after the plat was approved, the City put a fence across the
road, blocking access intn his subdivision. Seratt said this made it impossible
fpr those with,whom he_had contracts to buy the land, as there was no access.
186.8 Seratt said McClelland Consulting Engineers had done a survey which showed
the fence is about 5 feet onto his property line. He asked the Board to take
into consideration that 1) County Road 165 is between his property and the City's
property; 2) the fence was placed on the property after his subdivision plat
had been approved by the Washington County Planning Commission; and 3) he is
suffering undue financial hardship due to lost sales, because of the fence
blocking access into his property.
1
1
1
188
ADJUSTMENTS
EXPENDED
ACCOUNT NUMBER
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1980 Program