Loading...
HomeMy WebLinkAbout1986-10-21 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, October 21, 1986 at 7:30 p.m. in the Directors' Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas PRESENT: Mayor Noland; Directors Lancaster, Martin, Orton, Hess, Bumpass and Johnson; City Manager Grimes, City Attorney McCord, City Clerk Kennedy, Department Directors Burch, Coates and Linebaugh; members of the press and audience. CALL TO ORDER The meeting was called to order by Mayor Noland, with seven Directors present. The Mayor asked for a moment of respectful silence. SESQUICENTENNIAL PRESENTATION Bob McKinney, County Coordinator for the Arkansas Sesquicentennial events, reported that he had met last Friday with Frank C. Cooksey, Mayor of Austin, who presented him with a proclamation, proclaiming October 17, 1986 as "Texas -Arkansas Friendship Day". McKinney read the proclamation and presented it to Mayor Noland, along with a Texas Sesquicentennial Flag. McKinney presented a volume about the history of Austin and Travis County, Texas to Assistant Mayor Marilyn Johnson, thanking her for her work as Chairman of the Sesquicentennial Committee. CD BUDGET The Mayor opened a public hearing on the preliminary 1987 Community Development Block Grant budget, noting that at this time requests for the use of approximately $316,800 in CD funding would be heard. The Mayor listed those requests received during the past year: Administration 60,086 Indirect Cost Allocation• 12,375 Housing Rehabilitation: 100,000 EOA Weatherization: 3,500 Drainage (Wedington Area, Phase II): 100,000 Contingencies & Easements (Wedington Area Project): 10,000 Utility Relocation (Wedington Area Project): 20,000 382.1 382.2 0C.- 382.1 C. Streets: Spruce, 500' (Gregg east to end) Sidewalks: Mt. Comfort, 600' (Sang to Garland) W. Cleveland, 1,280' (Leverett to Garland) Water Lines & Fire Hydrants: Helen & Lee, 2,500' of 8" line w/3 hydrants E. Farmers, 1000" of 8" line w/1 hydrant Ellis, 850' of 8" line w/1 hydrant Parks and Recreation. Play equipment for walker Park South, Jefferson Park and Combs Park October 21, 1986 17,000 25,000 60,000 30,000 10,000 10,000 33,000 383.1 Nancy Ward, Director of EOA's Children's House, requested funding of approximately $12,500 for playground equipment, including some equipment especially for handicapped children. Ward explained this equipment is needed to bring the program up to State day care licensing regulations. Ward noted the Exchange Club of Fayetteville will donate money to correct the drainage problem of the area where the playground equipment would be located. 383.2 Bruce Davis, speaking on behalf of the EOA's Weatherization Program, requested funding of $3,500 which he stated was the amount granted to the program last year and which allowed them to work on 28 homes. Davis explained the program operates under a Title XX contract which provides $38,000 in funding, but they need local agents to provide 25% which they use for labor costs. Davis said there were 28 homes on the waiting list of low income, elderly citizens of Fayetteville. Davis added that their program has been working closely in conjunction with the City's Housing Rehabilitation Program. Davis pointed out that the weatherization improvements result in a 25% reduction in fuel costs for elderly citizens. 383.3 Rick Mayes, representing a Dickson Street merchants association, made a request for "a substantial amount" of CD funds to help rid the Dickson Street area of blight situations, and to help install new lighting, and possibly a park in "the pit area". Mayes said he would submit figures to the Board within the next two weeks. 383.4 Sylvia Swartz, speaking on behalf of the Sang Street Senior Center, explained they plan to extend the center 18 feet on the west, and requested help purchasing equipment. Swartz asked for a minimum of $600 for three heat pumps, funding for four ceiling fans, and $2,600 for a new convection oven. 383.5 Linda Brown, speaking for the Project for Victims of Family Violence, requested help in funding the addition of more space onto the project's shelter. Brown distributed architectural drawings to the Directors, noting that the design was made with minimal square footage costs in mind. Brown spoke to the Board about statistics on the use of the October 21, 1986 shelter in the past year. The Mayor noted the drawing depicted the addition of two bedrooms, a playroom, a bathroom and some closets. The Mayor asked how long the approximately 41 people per month stay at the center. Brown said the average length of stay was 10 days. The Architect estimated the work could be done for about $25 per square foot, or a little less than $20,000. The Mayor closed the public hearing and noted all the requests would be considered and the budget would be finalized at a later date. Director Orton asked if the Board was going to add to the list of requests the acquisition of land for the Arts Center. Orton asked if this was an eligible item. Director Bumpass said the CD Director had made a request of the Little Rock HUD office for a determination of whether or not that request would be eligible. REZONING/EAST FARMERS LANE The Mayor introduced ah ordinance rezoning approximately 1/2 acre east of East Farmers Lane, from A-1 "Agricultural" to R-1.5, "Moderate Density Residential", requested by Ken Lazenby. The Mayor explained that, although the petitioner requested R-2 "Medium Density Residential", the Planning Commission voted, 7-0, for R-1.5, a zone somewhat less dense. The Mayor asked the City Attorney to read the ordinance. The ordinance was read for the first time. Director Bumpass, seconded by Johnson, 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 Johnson, 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. The Mayor asked if anyone in the audience wished to oppose the ordinance. No public comments were made. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3215 APPEARS ON PAGE BOOK )(Xi STREET CLOSING 7/ OF ORDINANCE & RESOLUTION The Mayor introduced further consideration of a request from J. Y. Hughes and Raj V. Kilambi for an ordinance abandoning and vacating a portion of Elizabeth Street located between 1363 and 1403 Harold Street; left on first reading at the October 7 meeting. 10 384.1 384.2 384.3 384.4 384.5 October 21, 1986 385.1 Director Johnson commented that both Ozarks Electric and Warner Cable have lines along that street. Johnson noted that the estimated cost of the lot at 1388 Briarcliff is $12,000 and the lot has a drainage problem. She asked if, in light of these facts, it would be feasible to extend Elizabeth Street through that lot. She said she thought the street should be opened but there were many cost -prohibiting factors. The City Manager said cost estimates were not yet available on extending the street and solving the drainage problem. 385.2 Director Martin said that, when a subdivision is platted and streets are constructed with a cul de sac, with no clear indication there is going to be a thoroughfare at that location, citizens often purchase their homes anticipating that there will not be a thoroughfare. Martin said he thought buying the lot and extending the street would be creating more of a problem than a solution. 385.3 In answer to a question from the Mayor, the City Attorney said the ordinance would reserve a utility easement. Director Johnson asked if, when the street is closed, the property is given to the adjoining property owners for a fee. The City Attorney explained that anytime a street is vacated, the property owner on each side receives fee simple title to the centerline of what was previously the street, subject to the reservation of utility easements. 385.4 Mr. Hamilton, resident of 1427 Harold, said he would like to see the street not opened. He said he thought it would be cost prohibitive for the City. Hamilton pointed out, however, that there is only one access to the area so that, if the street is closed, accessibility to the churches will be limited. Hamilton requested that further consideration be given to this, because of the accessibility problem. Mayor Noland pointed out that the ordinance before the Board would allow the land to revert back to the abutting property owners. Noland asked Hamilton if he was requesting Elizabeth Street be opened through the lot. Hamilton said, if the City keeps the property, he would request that they maintain it properly. Hamilton said, if the Board feels a second access is need, he would be in favor of that idea, unless it would take a long time to construct the street. 385.5 Director Lancaster asked if any feedback had been received from the area residents regarding the opening of the street. The Mayor said he did not know whether very many of the residents in the area knew of the idea. 385.6 Director Hess asked the City Manager if he could obtain a cost estimate of putting the street through, in addition to the acquisition of the lot, by the next Board meeting. Hess said he thought if the cost was prohibitive, perhaps the land should revert to the abutting property owners. Director Hess requested the ordinance be left on first reading. October 21, 1986 Mr. Hughes said, if the City decides to extend the street through the lot, it would be the best way to take care of the drainage problem. He said the amount of land he and Mr. Kilambi would receive "wouldn't add $5 value" to their property because of the drainage problem. Hughes remarked that the City had only mowed the lot twice in 3 1/2 years. City Manager Grimes stated the immediately adjacent property owners and those farther south along Elizabeth Street could be notified. Director Lancaster suggested residents along Harold Street also be notified. Director Martin suggested that, before the City proceed with plans which might unnecessarily concern those citizens, the Board first decide on a recommendation for what to do with the property. Martin suggested the staff meet with lot owner Wade Bishop to see if there is a need for access. Martin commented that maybe the best use for the property would be a pedestrian walkway and not a full street. It was agreed that the Board would like to see cost estimates on the project before approaching property owners in the area. Director Bumpass suggested the staff should contact Mr. Hamilton about the prospective traffic usage. Director Johnson asked the staff to develop a list of pros and cons of the project, similar to that prepared by Scott Linebaugh for the new telephone system. The ordinance was left on first reading. ALLEY VACATION The Mayor introduced a request from Greg House for an ordinance abandoning and vacating a 10' north/south alley and a 20' east/west alley, both located east of Vinson Avenue in the Mountain View Addition. The City Attorney read an ordinance for the first time. Director Bumpass asked if there would be a way for some of the adjacent property owners to have access to their back yards if these alleys are vacated. Greg House explained he was the owner of the property which surrounds the alleys in question. House said he presently is building a house on Lots 12 and 13 which has access from Company Street. House explained that the existing house on Lots 5 and 6 was built 38 years ago encroaching on one of the alleys, and that at the time the Gas Company moved their lines outside of the alley. House said he must grant an easement to the Gas Company but all other utility companies are not concerned about access. House said Lots 9 and 10 are owned by 38 C.: 386.1 386.2 386.3 386.4 386.5 386.6 386.7 386.8 386.9 386.10 October 21, 1986 387.1 Mr. Mahaffey and he understood Mahaffey would be willing to join the effort to close the alleys. 387.2 Director Bumpass asked the City Attorney if the ordinance could reserve ingress and egress for adjacent property owners as an additional easement. The City Attorney asked House if the request was precipitated by a title insurance requirement. House said that it was but, since that time, the title insurance problem has been solved. House said he owned every lot reflected on the plat, with the exception of Lots 9 and 10. Director Bumpass suggested the Mahaffeys be notified of the request, or that House obtain permission from them. The City Manager suggested the alley adjacent to the Mahaffey property not be closed until such time as the Mahaffeys wish to pursue closing that part of the alley. The City Attorney pointed out that the legal description in the ordinance merely closes the alley to the north property line of Lot 8. 387.3 Director Martin, seconded by Orton, 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 Martin, 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. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3216 APPEARS ON PAGE 7s OF ORDINANCE & RESOLUTION BOOK X X / ✓ SIGN ORDINANCE AMENDMENT 387.4 The Mayor introduced further consideration of an ordinance amending Section 17B-11 of the Fayetteville Code of Ordinances to amend the number of wall signs which are permitted per building; left on first reading at the October 6 meeting. The Mayor explained this ordinance would permit up to four wall signs to be placed on one wall, as long as the display surface area of all wall signs on any one wall do not exceed 150 square feet or 20% of the area of the wall on which they are located, whichever is greater. 387.5 The City Attorney explained an amendment had been formulated by the City Inspection Superintendent, in consultation with the City Manager, causing the only change in the ordinance to apply in cases where there is only one business in a building, and would allow the business to put as many as four signs on one wall, but no more signs on any additional wall, and those signs would be limited to the present display surface area restrictions. October 21, 1986 The City Attorney explained that there would be no change to the ordinance as it applies to a building with more than one business, with the requirement still being to permit one sign per business per wall. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Johnson, 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 Johnson, 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. The Mayor asked if anyone in the audience wished to oppose the ordinance. No public opposition was expressed. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3217 APPEARS ON PAGE 71 4 OF ORDINANCE & RESOLUTION BOOK XX/il SIGN APPEAL/SPE-DEE MART The Mayor announced that an appeal from the provisions of the Sign Ordinance for Spe-Dee Mart was unnecessary in light of the amendment just approved. Director Bumpass, seconded by Lancaster, made a motion to allow Curtis Hogue to withdraw his variance request and to refund him his filing fee. Upon roll call, the motion passed, 7-0. SIGN APPEAL/HAPPY CHURCH The Mayor introduced consideration of an appeal from the literal provisions of the Sign Ordinance from Chuck Ewing for permission to erect an off-site freestanding sign for "Happy Church" in an A-1 "Agricultural" district, at the intersection of Highway 265 and East Zion Road. Chuck Ewing, Minister of "Happy Church", told the Board the church is about six months old and their biggest problem is giving directions to their church. Ewing said the church is located on Zion Road but he pointed out there are three Zion Roads which intersect 265. Ewing requested permission to have a sign that anyone can read travelling 55 miles per hour. Ewing asked for at least a 4' x 8' sign, six feet high. 388.1 388.2 388.3 388.4 388.5 388.6 388.7 V;, October 21, 1986 389.1 The Mayor noted that the church currently has a 4' x 8' sign located on land owned by Jim Lindsey, at the corner of Highway 265 and Joyce Street. 389.2 Director Orton commented that there is a problem with three Zion Roads which should be addressed. She noted that a directional sign was allowed for another church and said she thought it would be reasonable to allow this church the same size sign. Orton said she recalled that sign to be about 1' x 2' and installed in the highway right-of-way with the understanding that any time the highway is widened or the land needed to be used, the sign would be removed. 389.3 In answer to a question from the Mayor, Ewing stated he did not plan to retain the sign currently located at the corner of Highway 265 and Joyce Street, but planned to reconstruct that sign. 389.4 Director Martin suggested that the existing sign could remain to warn drivers from the south that they are approaching the other sign. 389.5 Director Bumpass suggested allowing Ewing to include on his sign a strip across the top reading "Zion Road" to help identify the road. Director Orton commented that the City should have street signs which can be read. 389.6 Director Lancaster commented that he could not see the City allowing billboards to be put up to direct people who are driving 65 miles per hour down the road, and said those people ought to slow down so they can find where they're going. 389.7 Director Martin asked if Ewing thought there was any merit to putting a smaller sign at Zion and Highway 265, and leaving the existing sign at its current location. 389.8 Director Bumpass said he thought the fact that there are three Zion Roads was evidence of a hardship. 389.9 Director Hess suggested the City consider labeling East Zion Road to distinguish it from the other two West Zion Roads. 389.10 Director Bumpass commented that the street signs for Zion Road and Joyce Street do not allow drivers to easily find those two streets and he suggested the possibility of there being larger signs. 389.11 Director Bumpass, seconded by Martin, made a motion to grant Ewing's request and allow him to place a 2' x 4' directional sign at Hast Zion Road and Highway 265, at a height not to exceed six feet to the top of the sign, to be placed in the highway right-of-way, with the understanding that if the highway is widened the sign has to be removed voluntarily. October 21, 1986 Director Orton commented that size is somewhat larger than the four square foot directional sign which has been allowed in the past. Director Bumpass added that the intent of his motion was to allow Ewing to leave the existing sign in place. Public Safety Director Coates pointed out that the existing sign, although it was legal, was installed without a permit. Director Martin said he thought there was a reason for this sign's size to be at variance from that allowed for another church, in that the other church's sign is within the city limits where there is a 35 mile per hour speed limit. Director Hess commented that this suggested a correlation between the size of a sign and the speed cars are traveling. Director Bumpass asked Ewing if he would be willing to have this sign for a certain time period. Ewing asked for two to three years. Bumpass amended his motion to include three years as the life of the sign. Martin agreed with the amendment. Director Johnson stated she could not agree to allow this sign and the existing sign as well, because others have not been allowed two signs. Upon roll call, the motion failed, 3-4, with Directors Lancaster, Martin and Bumpass voting "yes", and Directors Orton, Hess, Noland and Johnson voting "no". In answer to a question from Director Bumpass, Mr. Ewing stated he would be willing to remove the existing sign. Director Bumpass, seconded by Martin, made a. motion to grant Mr. Ewing's request, with the same criteria as in the first motion, but with the condition that the existing sign be removed. Upon roll call, the motion passed, 6-1, with Director Orton voting in the minority. Director Hess asked the staff to investigate the street signs in that area, and perhaps consider using signs which state "East Zion", "West Zion" and "Old Zion". Mayor Noland suggested the use of larger street signs for all outlying areas. Director Hess asked the City Manager to report back to the Board on this matter. PROPERTY CLEANUP/S. WEST AVE. The Mayor introduced consideration of an ordinance ordering the abatement of unsightly conditions and the razing and removal of an unsafe structure located at 1220 South West Avenue. ,l,trt li .J 11.. 390.1 390.2 390.3 390.4 390.5 390.6 390.7 390.8 390.9 390.10 391.1 391.2 391.3 391.4 391.5 391.6 391.7 391 October 21, 1986 The Mayor stated the Board had received correspondence regarding this item and asked if there should be a time constraint in which the proposed changes must be completed on the structure. Director Hess pointed out that, at the last meeting, it was decided the structure was to be boarded up and that this has not been done. Property Inspector Johnson stated the boarding up was to have been done by the date of this meeting. It was clarified that the building permit which had been secured by the owner allows him six months to complete work on the structure. Director Bumpass stated he thought the City owed an obligation to other residents of that area to show some progress towards the upgrading of the property which he stated is very unsightly. Bumpass said he thought the complaining neighbors deserved some action. In answer to a question from Director Hess, the City Attorney explained the Board may set more stringent deadlines as to when work must be completed after the issuance of a building permit. The City Manager suggested giving the owner one week to board up the structure and clean up the lot. The City Attorney advised that, if the Board wished to give Mahler only one week, they ought to adopt the ordinance now, since the wording of the ordinance requires the work to be undertaken within ten days and that rehabilitation or removal be completed within thirty days. He advised the Board that it was their prerogative to amend the ordinance to give the owner more time. The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Johnson, 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 Johnson, 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. The Mayor asked if anyone in the audience wished to speak in reference to this ordinance. No public comment was expressed. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3218 APPEARS ON PAGE /74, • OF ORDINANCE & RESOLUTION BOOK XXI V PROPERTY CLEANUP/S. WASHINGTON The Mayor introduced consideration of an ordinance ordering the razing and removal of an unsafe structure located at 137 S. Washington Avenue. October 21, 1986 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Johnson, 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 Bumpassmade a motion to further suspend the rules and place the ordinance on its third and final reading. Director Hess seconded the motion. Upon roll call, the motion passed, 6-1, with Johnson voting in the minority. The City Attorney read the ordinance for the third time. The Mayor asked if anyone was present to represent the property owner. There was no public response from the audience. Director Bumpass observed that the signature on the certified mail receipt did not appear to be that of the owner. Property Inspector Steve Johnson stated the owner, William H. Bassett, had contacted the Inspection Office regarding the property but that he did not have an opportunity to speak to him at that time, and did not know the purpose of his call. Director Johnson commented that she wanted to be sure Mr. Bassett had an opportunity to respond, and that whomever signed the certified mail receipt had gotten word to Mr. Bassett. Upon roll call, the ordinance passed, 7-0. ORDINANCE NO. 3219 APPEARS ON PAGE r79: OF ORDINANCE & RESOLUTION BOOK X)(! V ARTS CENTER LAND APPRAISAL The Mayor introduced consideration of proposals for appraisals of property to be used as a construction site for the Arts Center. The Mayor stated two proposals had been received and the University would participate in the cost of the appraisals. Director Hess, seconded by Bumpass, made a motion to award the bid to Associated Appraisers for a fee not to exceed $4,000. Director Hess added that the appraisals included both the north and the south half of the block in a separate document. Upon roll call, the motion passed, 7-0. NOMINATING COMMITTEE REPORT Director Johnson, Chairman of the Board Nominating Committee, reported the committee recommends the appointment of Gerald Seiff to the City Planning Commission, to fill an unexpired term ending January 1, 1990. Johnson commented that there were a number of excellent candidates and it was very difficult to narrow the applicants down to just one. 392.1 392.2 392.3 392.4 392.5 392.6 October 21, 1986 393.1 Johnson expressed appreciation to everyone who submitted an application. 393.2 Johnson, seconded by Orton, made a motion to approve the recommendation of the Nominating Committee. Upon roll call, the motion passed, 7-0. 393.3 Johnson reported the committee is in the process of soliciting applications from citizens who wish to serve on the two new Arts Center Boards - the Arts Foundation Board and the Arts Center Council. Johnson added that there is presently a vacancy on the City Library Board of Trustees. Johnson asked that citizens apply for these positions before the end of the month by picking up applications from the City Clerk. Director Orton stated that applicants must live within the city limits of Fayetteville. AIRPORT COMMITTEE REPORT 393.4 Director Lancaster, Chairman of the Board Airport Committee, presented a report from that committee's meeting of October 14. Lancaster reported the only recommendation from the committee at this time is to hire McClelland Consulting Engineers to prepare plans and specifications for a drainage pipe rehabilitation project at the Airport, and to provide the construction observation necessary to assure quality workmanship. Lancaster reported the committee chose not to recommend to the Board a request from Express Rent A Car to operate a car rental business at the Airport. 393.5 Director Lancaster, seconded by Hess, made a motion to approve the committee's recommendation. 393.6 It was clarified that the preparation of plans and specifications are estimated to cost $2300, with construction observation at a not -to - exceed cost of $2560. Lancaster reported that a grant has been received from the State Aeronautics Commission for the entire cost of the project. 393.7 Upon roll call, the motion passed, 7-0. WATER AND SEWER COMMITTEE 393.8 Public Works Director Deryl Burch reported on the Board Water and Sewer Committee's meeting of October 16, at which three recommendations were made: 393.9 Burch reported the committee considered a recommendation to expand the scope of the Wastewater Treatment Plan equipment rehabilitation work. October 21, 1986 Burch explained that initially it was known that there would have to be some additional work but how much was not known until an inspection was completed. Burch stated CH2M Hill estimates an increase of $3,600 in engineering costs. Burch reported the committee considered procurement of primary voltage equipment from Ozarks Electric, as the City will be required to own part of the lines to the wastewater Treatment Plant. Burch said costs are estimated to range from $13-15,000. Burch reported bids were opened for the Mud Creek project, with Tomlinson Asphalt Company being the low bidder, at $21,981. Burch recommended the bid be awarded to Tomlinson. Burch stated $30,000 was budgeted for this amount. Director Johnson, seconded by Hess, made a motion to approve the recommendations of the Water and Sewer Committee. Upon roll call, the motion passed, 7-0. RESOLUTION NO. 105A-86 APPEARS ON PAGE .3P1 OF ORDINANCE & RESOLUTION BOOK j(XVI FINANCE COMMITTEE REPORT Director Martin, Chairman of the Board Finance Committee, presented a report on that committee's meeting of October 16. Martin reported the committee reviewed budget adjustments contained in June 30 financial statements and other budget adjustments since that date. Martin explained that four of the adjustments had no offsetting adjustment, two relating to holiday overtime settlements for Police and Fire departments, and two relating to the Sanitation Department. Martin reported the committee approved $78,100 in adjustments for the Police Department, and $73,605 in adjustments for the Fire Department, with the understanding that there would be no offsetting adjustments. Martin reported there were two budget overruns in the Sanitation Department with no offsetting adjustments. Martin explained a $78,000 overrun was caused by a typing error and the committee recommends it be approved out of unappropriated surplus. He reported there was an additional $98,000 overrun in vehicles costs and salaries, due to dropping only one route as opposed to three as proposed in last year's budget. Martin stated the City Manager had agreed to either cut into or remove that adjustment before the end of the year. Martin reported the Finance Committee does not recommend approval of that adjustment. Martin, seconded by Hess, made a motion to approve the budget adjustments, with the exception of the overrun due to the Sanitation 3 9 i 394.1 394.2 394.3 394.4 394.5 394.6 394.7 I') (1C 'Ju October 21, 1986 routes. Upon roll call, the motion passed, 6-1, with Director Bumpass voting in the minority. RESOLUTION NO. 104-86 APPEARS ON PAGE OF ORDINANCE & RESOLUTION BOOK OTHER BUSINESS ENTERPRISE ZONE PARTICIPATION 395.1 The Mayor introduced a resolution certifying local government endorsement of Armstrong Bros. Tool Company's participation in the Arkansas Enterprise Zone Program. 395.2 Director Bumpass, seconded by Hess, made a motion to approve the resolution. Upon roll call, the motion passed, 7-0. RESOLUTION NO. kOS APPEARS ON PAGE ,378 OF ORDINANCE & RESOLUTION BOOK ?(XVII SWEETBRIAR MEDIAN LANDSCAPING 395.3 Director Orton, Chairman of the Board Street Committee, reported a letter had been received from Andy Brewer, resident on Sweetbriar Drive, regarding an agreement by property owners for the care of the median. Director Orton asked the City Attorney if he approved of the agreement. 395.4 The City Attorney stated the concept appeared to be fine, but that he recommends some revisions to the proposed agreement. He advised the Board could act to approve a Resolution authorizing the execution of the agreement with the Sweetbriar property owners under which the City would replant the median and the property owners would maintain the median. McCord said his modifications would simply clarify the intent, which is that the property owners are obligated to maintain the median but may form a property owners association if they desire to do so to accomplish that purpose, and that their obligation shall be a covenant running with the land to bind future property owners, so that the City is protected in the event the tracts change ownership. 395.5 Director Orton made a motion that the agreement, as modified by the City Attorney, be approved. 395.6 Director Bumpass asked about costs, and Director Orton stated these had not been discussed. Orton said it was agreed that the property owners and the City Horticulturist would come up with a plan which she assumed would come before the Board. October 21, 1986 Director Bumpass seconded the motion. Upon roll call, the motion passed, 7-0. UNPAID FINES/MUNICIPAL COURT Director Hess asked Administrative Service Director Scott Linebaugh to summarize his report on unpaid fines summonses for the Municipal Court. Linebaugh reported the total unpaid fines have gone up since 1985 but there is a trend which shows that newer fines are being collected. Linebaugh stated most summonses are returned in the mail because the people have moved. Linebaugh explained that older accounts which the City has not been able to collect are being turned over to a collection agency which gets 1/2 of what they collect. Linebaugh said the collection program is working for the short term but it was started too late for fines which are over a year old. Linebaugh explained that after fines are turned over to the collection agency, they will be written off. NOMINATING COMMITTEE MEETING SCHEDULED Director Johnson, Chairman of the Nominating Committee, requested that committee meet on Wednesday, October 29 at 8:15 a.m. Johnson requested the Board vote on a policy they established this morning requiring those who serve on city committees to reside within the corporate city limits. Director Johnson, seconded by Hess, made a motion that those who serve on city committees reside within the corporate city limits. Director Martin stated he dissented from that decision this morning. Martin commented that, in the case of the Planning Commission where a substantial jurisdiction exists for areas outside of the corporate city limits, it is only reasonable and fair that people residing in the "growth area" be eligible to serve on the Planning Commission. Martin said he thought a rule which automatically excludes citizens residing in the growth area from serving on the Planning Commission is an unwise one. Upon roll call, the motion passed, 6-1, with Martin voting in the minority. VOLUNTEER COMMUNITY OF THE YEAR Director Johnson reported that the City had applied for Arkansas Volunteer Community of the Year for 1986, and that she received a letter that Fayetteville has received the award, which will be presented at the Arkansas Municipal League meeting in December. 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 11 /J (1"; LEGAL DESCRIPTION IN ERROR October 21, 1986 397.1 City Manager Grimes introduced an ordinance to correct a legal description which was in error. The City Attorney explained that Al Hughes had pointed out to him that an ordinance adopted in 1965 having to do with the dedication of an alley in the Hathcock Addition contained an erroneous legal description which has created some problems in land transfers. 397 2 The City Attorney read the ordinance for the first time. Director Bumpass, seconded by Johnson, 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 Johnson, 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. 397.3 The Mayor asked if anyone present wished to speak in reference to the ordinance. No public comment was expressed. Upon roll call, the ordinance passed, 7-0. o ORDINANCE NO. 3220 APPEARS ON PAGE d / OF ORDINANCE & RESOLUTION BOOK X X i V 397.4 MINUTES The minutes of the October 7, 1986 meeting were approved with the following additions: 371.4 Add "after the line has been approved for service." 378.4 Change "against" to "adjacent to" ADJOURNMENT 397.5 With no further business before the Board, the meeting adjourned at about 9:45 p.m.