HomeMy WebLinkAbout1987-11-03 MinutesMINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS
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A regular meeting of the Fayetteville City Board of Directors was held on
Tuesday, November 3, 1987 at 7:30 p.m. in the Directors' Room of the City
Administration Building, 113 West Mountain Street, Fayetteville, Arkansas.
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PRESENT:= Mayor Johnson; Directors Lancaster, Kelley, Marinoni, Hess
and Bumpass; City Manager „Pennington, City "Attorney McCord,
City Clerk McWethy, Department Directors Burch, Coates and
Linebaugh; members of the press and audience
ABSENT: Director Martin
ROLL CALL
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The meeting was called to order by the Mayor with six directors present.
The Mayor asked for a moment of silence.
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CD BUDGET
The Mayor introduced approval of the 1988 Community Development Block Grant
budget, noting that a public hearing had been held on October 20.
The City Manager recommended the Board postpone taking final action on this
budget, and asked that the staff be given a week to give further•study to
some of the items being requested.
Ken Lynch addressed the Board, explaining he owned property on Spruce
Street. Lynch said that street definitely needs some attention. Community
Development Director Sandra Carlisle told Lynch the staff recommended an
overlay be done to the existing width of the street, to less than city
standards. Lynch said the street was barely 15 feet wide in some places,
with deep ditches on both sides. He asked why the City didn't intend for
paving to be done to full city standards. Pennington said this was one
reason the Board was being asked to postpone their action, so the staff can
give more study to questions such as these.
Roscoe Anderson addressed the Board, stating he resided on West Lawson
Street. Anderson said several years ago part of the street was paved and
sidewalks built on both sides. He said the street receives a lot of traffic
and the unpaved portion is very dusty. He said the street was 27' feet wide
and 528' long and has a solid foundation. Anderson said he thought all the
street would require would be blacktop.
Bruce Culley, speaking on behalf of
October 20, for funding in the amount of
James Baptist Church to be used for a
SEFCAC, reiterated his fequest of
$17,500 to rehabilitate the old St.
health center, which is presently
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November 3, 1987
361.1 serving approximately 15-20 people per week at no charge out of the basement
of St. James Methodist Church.
361.2 Culley reported the health center has received a two-year $32,000 grant from
the United Methodist Church General Board of Global Ministries, to support
the center and hire a health professional to do outreach.
361.3 In answer to a question from Director Kelley, Culley said the group had not
appealed to Washington County for any financial support. Kelley asked if
the number of county cases, versus city cases, could be documented. Culley
did not have that information but said it could be provided to the Board.
361.4 Culley introduced Dr. Liz Rantz, who he stated was the physician who has put
the most energy into the center. Dr. Rantz said SEFCAC started the health
center about six months ago and, since that time, the center has been
overwhelmed. She said most of the problems of the clients are not strictly
medical but are social and economic. She said the program is not intended
to be merely a clinic for medical assistance, but also is meant to offer
health education, self-help, pre -natal classes, diabetic classes, for
example. She said there is the potential to seriously impact the quality of
life of people in the community.
361.5 The Mayor asked Dr. Rantz if she thought $17,500 would cover the needed
renovation. Rantz said she was sure it would, and pointed out that SEFCAC
will do much of the work themselves.
361.6 Director Lancaster asked if some persons would come to the clinic rather
than to a local doctor. Dr. Rantz said persons coming to the clinic are
extremely poor, some of them living on a monthly income of $150, who can't
even think about going to a doctor. She said the clinic was free of charge.
361.7 Director Bumpass asked
Health Department. Rantz
County Health Department
volunteer their labor for
the health clinic could
for persons with marginal
during regular hours.
about the clinic's relationship with the County
said she was employed as a clinician for the
and a number of County Health Department nurses
the SEFCAC health clinic. She said she thought
eventually provide an evening immunization clinic
employment who cannot go to the Health Department
361.8 The Mayor asked if free medicine was being distributed by the health clinic.
Rantz said this is sometimes done, although the supply is limited. She said
drugs at the clinic have been donated, and she noted that drugs for children
is one of the clinic's biggest needs. Culley told the Board the grant will
include $2600 per year for two years to buy medicine.
361.9 The Mayor asked if the grant would cover the cost of utilities. Culley said
the church would lease the building to the clinic which will be responsible
for the utility costs.
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November 3, 1987
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Director Hess asked Culley if there were other things the clinic does not
need dramatically but might wish for if there were extra funding available.
Hess asked if the clinic anticipated an operating budget over the next few
years. Culley said fund raising will be necessary, but that after the
project gets going, perhaps more funding will become available after it is
determined in which direction the clinic will beggoing.
Director Bumpass asked if the St. James Baptist Church could explain the
nature of the tenancy. John Colbert,.Principal atjJefferson Elementary
School and Chairman of the Board of the Church, told the Directors that the
church has gone on record in support of SEFCAC in the endeavor. He said the
church has agreed to lease the building, "lease free", which he said would
probably be annually renewed.
Director Hess, seconded by Marinoni, made a motion to table the approval of
the CD Budget for 1988 until the next meeting. Upon roll call, the motion
passed, 6-0, with Director Martin absent.
CD BUDGET REVISION
The Mayor introduced approval of a resolution authorizing a budget revision,
to transfer $80,450 in 1986 Community Development surplus funds to current
C. D. projects. The Mayor explained the staff recommends $16,000 be added
to the Duncan Street sidewalk project, $6,000 be added to the Abilities
Unlimited construction, and $58,450 be added to the Housing Rehabilitation
Program
Director Marinoni, seconded by Kelley, made a motion to approve the budget
revision as recommended.
Director Kelley said he hoped that this was a step towards improving the
process of CD budgeting. He said he hoped Board members would be more
informed as to the importance of projects and that staff would make real
firm recommendations.
Director Bumpass questioned whether it would be appropriate to wait until
the recommendation is forthcoming on the 1988 budget, in the event the Board
might want to allocate some of the surplus in a different manner. City
Manager Pennington cautioned the Board against allocating the surplus
towards new projects, and recommended they avoid the amendatory process. He
told the Board this might jeopardize the program's ability to use the
surplus funding.
Carlisle explained the reason for requesting additional funds for Abilities
Unlimited construction was because the bid came in far over the original
estimate, that additional drainage needs have caused an overrun in the
Duncan Street sidewalk project, and the Rehab Program funds are currently
depleted.
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November 3, 1987
363.1 Les Kemp spoke on behalf of Abilities Unlimited, asking for the Board's
support in funding the additional cost of the building to cover their
loading dock.
363.2 Director Bumpass said he didn't know that it was ever contemplated surplus
funds would be spent on housing rehabilitation. Bumpass asked if any other
1987 projects were in need of funding. Carlisle said the amount requested
would allow the CD program to complete the rehab projects for the 1987 year.
Johnson said the Board could consider lowering the amount allocated to rehab
for 1988.
363.3 Upon roll call, the motion passed, 6-0.
RESOLUTION NO. 89-87 APPEARS ON PAGE r' -s3 OF ORDINANCE AND RESOLUTION
BOOK X xt!//
R -O -W VACATION
363.4 The Mayor introduced a request for an ordinance vacating and abandoning a
portion of Crest Lane street right-of-way, located between Highland and
Pollard Avenues.
363.5 The City Attorney read the ordinance for the first time. Director Bumpass,
seconded by Kelley, made a motion to suspend the rules and place the
ordinance on its second reading. Upon roll call, the motion passed, 6-0.
The ordinance was read for the second time. Director Bumpass, seconded by
Kelley, made a motion to further suspend the rules and place the ordinance
on its third and final reading. Upon roll call, the motion passed, 6-0.
The ordinance was read for the third time.
363.6 The Mayor asked if anyone present wished to speak against the ordinance.
There was no public opposition expressed. The Mayor noted the petitioners
were present. She added that the Gas Company had requested an easement be
retained in the area.
363.7 Upon roll call, the ordinance passed, 5-1, Johnson voting in the minority.
ORDINANCE NO. 3308 APPEARS ON PAGE 2j,f QF ORDINANCE AND RESOLUTION
BOOK )00v1
SIGN APPEAL
363.8 The Mayor introduced an appeal from the Literal provisions of the Sign
Ordinance, from "La Petite Yarn Shop" for permission to install two eight
square foot wall signs. The Mayor explained the ordinance allows only one
on-site wall sign, not to exceed 16 square feet.
363.9 Director Bumpass, seconded by Kelley, made a motion to grant the variance.
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The Mayor asked Director Bumpass to state .the hardship or practical 364.1
difficulty in this case. Bumpass stated the structure had been'in existence
for a long time, is in a residential neighborhood, and it seemed to him the
setback requirements under the Sign Ordinance would create a hardship. He
said the sign was small, rather unobtrusive and fairly innocuous.
Director Hess said the signs were tasteful and unobtrusive but he objected 364.2
to the fact that two signs were installed before the variance was heard.
Hess asked the staff to create a "fine situation" for an event which has
happened before it is brought before the Board for remedy. . The City
Attorney said the City Sign Ordinance already contains a provision for
prosecuting property owners for violations. Hess said he would like to go
on record as saying he would intend to do that the next time this situation
arises.
Petitioner Deborah Laningham said she did not know about the Sign Ordinance
until two weeks before moving into the business. She said at that time the
City Sign Inspector suggested she apply for a variance and install her
signs. Director Hess remarked that Ms. Laningham was not at fault in that
situation.
Director Kelley said he thought that was a judgment call on the part of the
Sign Inspector, who he' said probably knows the complexion of the Board
towards Sign Ordinance variances. Director Marinoni noted this has happened
before, and said petitioners ought to wait for Board approval before they
install their signs.
Director Lancaster said he thought the Board had no recourse to grant a
variance for a sign already in existence. The City Attorney said the Board
does have the authority to grant such a variance, but he thought it was
improper to erect the sign before the variance has been granted. The City
Attorney said he would be glad to prepare an official opinion on that
question if the Board so desires.
Director Bumpass asked what the rationale was behind the suggestion that the
petitioner display the signs after filing her application for a variance.
Sign Inspector Richard Wilson said the petitioner approached him with a
request to install a 16 square foot sign, to be wrapped around the poles,
which he stated would actually be two signs rather than one. He said he
suggested she install one sign and have a second one made and installed so
the Board could see the sign before making its decision. In answer to a
question from Bumpass, Wilson said he made it clear that it would be up to
the Board to decide whether or not she would be able to have both signs.
Hess said he thought the Sign Inspector had done an excellent job in that he
has brought a lot of things to the Board's attention which he said had not
been done in the past. Hess said the process was not correct, and this has
happened in other departments as well.
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365.1 Ms. Laningham told the Board she chose the location on the post because it
is the only place the sign can be seen without actually turning around to
look at it.
365.2 Upon roll call, the motion passed, 5-1, Director Lancaster voting in the
minority.
LAND ACQUISITION
365.3 The Mayor introduced consideration of the acquisition of six tracts of land
located in Block 6, between Dickson and Spring Streets and between School
and West Avenues, for the site of the Walton Arts Center.
365.4 The City Attorney explained the City arranged for appraisals to be prepared
by an outside, independent appraiser, and that the City Land Agent has made
an offer to each property owner of the amount of appraisal. McCord said
some of the owners have made counteroffers, one has accepted the City's
offer and another owner has denied the offer and stated he would challenge
any condemnation action. McCord said the issue before the Board is whether
to accept the counteroffers, or to re -counter.
365.5 Administrative Services Director Linebaugh told the Board the staff
recommends the City Land Agent be authorized to re -counter another offer up
to 10% above appraisal prices and, if that is not successful, the staff
recommends condemnation proceedings be initiated.
365.6 Director Lancaster moved the City re -counter up to 10% above appraised
values.
365.7 Linebaugh said the staff has been contacted by some property owners who have
indicated they will accept 10% above appraised values. Addressing budget
for land acquisition, Linebaugh explained that 10% above the appraised value
of the north half of the block is about $160,000 over the budget for land
acquisition. He said that, for the south half of the block, 10% above
appraised values comes to $40,000 over budget. He said a construction fund
was designated, between the City and the University, for the north half of
the block, and the $160,000 would have to come out of the construction fund.
He said, for the south half of the block, the University has agreed to
contribute $50,000 over the amount they have budgeted.
365.8 The Mayor said it was agreed that no land acquisition would be made until
the Improvement District had completed their assessment process. The City
Attorney said he would draft a real estate purchase contract which would
contain that contingency. He said, in the case of condemnation proceedings,
these would probably not come to trial until after assessments have been
levied and the appeal time had run.
365.9 The motion was seconded by Director Marinoni.
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November 3, 1987
William Lazenby, one of the property owners involved, asked about the time 366:1
frame for completing land acquisition. The City Attorney said it was
critical that assessments be levied by the District and that the appeal time
run. He said the District Board has received plans and cost estimates which
can now be filed with the City, and assessors appointed. He said the
assessors have indicated it takes 60-90 days to get the assessments levied.
He said from that point there is a 30 -day appeal time which must run, at
which time closing can take place. McCord estimated the entire process
could be completed within 90-150 days. Lazenby said his building have been
empty because of the publicity surrounding the Arts Center.
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Director Bumpass said he would abstain from voting because of an attoroey-
client relationship he has had in the past with some of the property owners.
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Upon roll call, the motion passed, 5-0-1, with Director Bumpass abstaining. 366.3
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UNSIGHTLY PROPERTY/BLAIR AVENUE
The Mayor introduced an ordinance ordering 'the abatement of unsightly 366.4
conditions and the razing and removal of an unsafe structure located at 525
Blair Avenue.
The City Attorney read the ordinance for the first time and, in answer to a 366.5
question from the Mayor, said the ordinance contained an emergency clause.
Director Marinoni suggested the ordinance be left on its first reading. 366.6
The Mayor asked if anyone present wished to speak against, or in favor of,
the ordinance. No public comment was expressed. The ordinance was left on
its first reading.
UNSIGHTLY PROPERTY/SOUTH COLLEGE AVENUE
366.7
The Mayor introduced an ordinance ordering the abatement of unsightly 366.8
conditions and the razing and removal of an unsafe structure located at 110
South College Avenue.
The City Attorney read the ordinance for the first time. 366.9
Inspection Superintendent Freeman Wood reported he talked with the owner's
son who has a business located at 110 South College. He said the Inspection
Office sent a violation notice to the owner to clean up the property and
this has been done, but that three walls were left standing. He said the
owner wishes to fill the foundation, and then knock the walls down, and put
in a parking area, estimating 30-45 days to completion. Wood said, in his
opinion, this would take care of the problem. Wood said the owner has plans
for remodeling the other building on the property.
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367.1 The Mayor recommended the ordinance be left on first reading. Director
Bumpass suggested the owners provide the City with a memorandum in writing
as to their intent and the time frame, so the Board can be notified.
367.2 The ordinance was left on its first reading.
UNSIGHTLY PROPERTY/NORTH COLLEGE AVENUE
367.3 The Mayor introduced an ordinance ordering the abatement of unsightly
conditions and the razing and removal of an unsafe structure located behind
2807 North College Avenue.
367.4 The City Attorney read the ordinance for the first time.
367.5 Property Inspector Richard Wilson reported the property owner, Herman Tuck,
called yesterday and said he is looking for a person to demolish the
structure. Wilson said he provided Tuck with a list of names and believes
he has made arrangements. Director Bumpass said Tuck told him this would be
done within thirty days.
367.6 The Mayor suggested the ordinance be left on first reading. The ordinance
was left on its first reading.
UNSIGHTLY PROPERTY/JANICE AVENUE
367.7 The Mayor introduced an ordinance ordering the abatement of unsightly
conditions and the razing and removal of an unsafe structure located at 1775
Janice Avenue.
367.8 The City Attorney read the ordinance for the first time.
367.9 The Mayor asked if there was some method, other than razing and removal, of
fining or notifying property owners for violations of the Building Code.
The City Attorney explained the Board can (1) prosecute in Municipal Court;
or (2) bring an action in Chancery Court for a mandatory injunction ordering
the property owner to bring the dwelling into conformance with the Building
Code.
367.10 Director Bumpass asked what the City's policy has been for owner -occupied
housing. Inspection Superintendent Freeman Wood said this is the first
instance where the owner occupied the dwelling. Wood asked if the City
could repair the property and place a lien on the property for the cost.
367.11 Director Hess asked if fines could be assessed without going through either
of the two procedures referred to by the City Attorney. The City Attorney
said the fine is assessed by the Court, not by the City. He said there was
no provision for a municipality to bring a substandard dwelling up to Code
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and place a lien on the property for the cost incurred. He said the only
other option for the City is to adopt a redevelopment plan, to condemn the
property, to rehabilitate it and sell or lease it.
The Mayor said it wasn't bad enough to tear the house down, but she didn't
think the City could ignore the fact that -there are no doors or windows and
there iscooking going on in the yard. Director Kelley said he understood
some citizens who are concerned may be offering some assistance in the next
few days. Kelley suggested the ordinance be left on its first reading.
Director Lancaster asked if, in the case of razing and removal, the City
would be responsible for relocating the occupants of the dwelling. The City
Attorney said the City would be responsible for relocation only if federal
funds are used, and that federal funds would not be used in this case.
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Director Hess said it would not be his intention to, have the house razed,
and said there has to be some method the City can use to get -the house up to
minimum habitable standards. The City Attorney reiterated the procedures
explained earlier, adding that the Community Development's housing
rehabilitation program might be used if the dwelling qualifies.
Director Bumpass asked if a list could be prepared -for the Directors of
possible criminal violations that staff would be comfortable in prosecuting.
The City Attorney pointed out those were listed in the agenda.'
The Mayor asked if anyone in the audience wished,to speak for or against the
ordinance. A member in the audience told the Board he owned property next
door to 1775 Janice Avenue. He said the yard had been cut maybe one time
this summer, there is a compost heap on the 'property, and the front door is
off and leaning up against the side of the house. He said -the owner was'
tearing the wiring out of the house. He said the deterioration of the
property has been in process about one or two months. He said earlier in
the summer the house was rented and the owner moved into the garage, removed
the garage door and built a privacy fence in front of the garage.
The ordinance was left on first reading.
ACT NINE BONDS
The
Mayor opened a public hearing on the question of the adoption of an
ordinance authorizing the issuance of $5,500,000 in Act 9 Industrial
Development bonds for financing expansion, acquisition and installation of
equipment for Elkhart Products Corporation, located at 3265 Highway 71
South.
The
City Attorney explained the purpose of this second public hearing is to
conform with federal tax law requirements. He told the Board .the required
notice could not be published in time for the public hearing which was held,
to
comply with State law, at the last Board meeting.
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November 3, 1987
369.1 The Mayor opened the public hearing. No public comment was expressed. The
public hearing was closed.
WATER TAP REQUEST
369.2 The Mayor introduced a request from Sunshine Architectural Woodworks for
approval to tap a City water line outside the City limits for the purpose of
installing a sprinkler system for fire protection; and to provide a "fill
station" for the Wheeler Fire Department.
369.3 Public Works Director Deryl Burch
Sunshine Architectural Woodworks, has
sprinkler system until a later time,
regarding this request.
reported that John Doty, President of
asked to table his request for the
so that he can meet with the staff
369.4 Burch said the staff recommends approval of the request for the fill
station, with the cost to be borne completely by the Fire Department.
369.5 In answer to a question from Director Bumpass, Burch said he could not give
total assurance that there would be no degradation in the water line because
of the fill station. Bumpass asked how the City would benefit from the fill
station. Burch said there would be a cooperative arrangement between the
City and the Wheeler Fire Department, which in the past has provided the
City with the use of their pumper trucks. Burch said he thought it would be
in the City's best interests.
369.6 Director Marinoni asked if the water used by the Wheeler Fire Department
would be metered by the City. Burch said there would be a meter, but a
gentleman speaking on behalf of the Wheeler Fire Department said it was
their understanding there would be no meter.
369.7 In answer to a question from Director Lancaster, Burch said the fill station
would be used to fill truck tanks for the Wheeler Fire Department. Burch
said the staff recommends the Wheeler Fire Department pay both construction
and operating costs of the station. The representative of the Wheeler Fire
Department told the Board that, up to this point, the City of Fayetteville
has not charged them for the water used to fight a fire. He added that,
when the Fayetteville Fire Department has to fight a fire in an area beyond
where there are hydrants, they call on the Wheeler Fire Department which
brings them a tanker. He said right now they fill their tankers at a City
hydrant, if there is a fire close to the City limits, or they draw water
from Clear Creek, for example. He said they assumed the new fill station
would operate in the same way as in the past. He told the Board a property
owner has agreed to pay the cost of the installation.
City Manager Pennington told the Board that such cooperative efforts are
used in many parts of the country. He told the Board it was true the City
of Fayetteville did not have tankers. He recommended the Wheeler Fire
Department pay for installation costs, but the City of Fayetteville provide
the Wheeler Fire Department with the water, as a cooperative venture. He
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agreed with Director Lancaster that it would be a good idea to meter the
water to monitor the situation.
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Director Hess, seconded by Marinoni, made a motion the City provide a fill'
station with a meter, with the understanding that the water will not be
charged for, that it will be considered a tradeoff, with the Wheeler Fire
Department picking up the cost of the construction of the fill station.
Upon roll call, the motion passed, 6-0.
BID AWARD/MANHOLE REPAIRS
The Mayor introduced consideration of the award of bid for repair and/or
replacement of manholes on Old Farmington Road; and approval of a budget
adjustment for part of the cost. She said the staff recommended award of
bid to the lowest of four bidders, Jerry D. Sweetser, bidding $25,262.80 for
eight manholes. She reported a budget adjustment is requested for $263, to
be taken from surplus funds in the Capital Sewer Mains Account.
Director Hess, seconded by Johnson, moved theawardto Jerry Sweetser for
$25,262.80, for eight manholes, and the appropriate budget adjustment. Upon
roll call, the motion passed, 6-0.
RESOLUTION NO. 90-87 APPEARS ON PAGE 1/5-Y OF ORDINANCE AND RESOLUTION
_BOOK XXV//,
PORTABLE BUILDINGS
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The Mayor introduced an ordinance amending the City Code by deleting the
requirement of a building permit for a portable building with base
dimensions not exceeding eight feet by ten feet.
The City Attorney said the ordinance would make the City Code consistent
with a long-standing policy of the Inspection Department._ He read the
ordinance for the first time. Director Lancaster, seconded by Hess, made a
motion to suspend the rules and place the ordinance on its second reading.
Upon roll call, the motion passed, 6-0. The ordinance was read for the
second time. Director Johnson, seconded by Lancaster, made a motion to
further suspend the rules and place the ordinance on its third and final
reading. Upon roll call, the motion passed, 6-0. The ordinance was read
for the third time.
In answer to a question from Director Bumpass, the Inspection Superintendent
said portable buildings do not have to meet setbacks, unless they are over
20 feet high.
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In answer to a question from Director Hess, Wood said an eight by ten foot 370.8
building attached to a permanent slab will not be considered a portable
building.
Upon roll call, the ordinance passed, 6-0. 370.9
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ORDINANCE NO. 3309
BOOK X X/ VI
November 3, 1987
APPEARS ON PAGE 267 OF ORDINANCE AND RESOLUTION
UNSIGHTLY PROPERTY/STONE STREET
371.1 The Mayor introduced a request from the Public Safety Director for a
resolution authorizing the initiation of condemnation proceedings against
property located at 1802 and 1804 Stone Street. The City Attorney told the
Board the request should be for an ordinance ordering razing and removal,
rather than condemnation.
371.2 The City Attorney read the ordinance for the first time. Director Hess,
seconded by Marinoni, made a motion to suspend the rules and place the
ordinance on its second reading. Upon roll call, the motion passed, 6-0.
The ordinance was read for the second time. Director Hess, seconded by
Bumpass, made a motion to further suspend the rules and place the ordinance
on its third and final reading. Upon roll call, the motion passed, 6-0.
The ordinance was read for the third time.
371.3 In answer to a question from Director Hess, Inspection Superintendent Wood
said the structures were unoccupied.
371.4 The City Attorney asked for a separate vote on the emergency clause, since
there was one Director absent. Upon roll call, the ordinance passed, 6-0.
Director Bumpass, seconded by Kelley, moved adoption of the emergency
clause. Upon roll call, the motion passed, 5-1, Johnson voting in the
minority.
ORDINANCE NO. 3310 APPEARS ON PAGE ,151
BOOK )(X /
LIBRARY ELEVATOR REPAIR
OF ORDINANCE AND RESOLUTION
371.5 The Mayor introduced an ordinance waiving the requirements of competitive
bidding to repair the City Library elevator; and a request for a budget
adjustment.
371.6 The City Attorney read the ordinance for the first time.
371.7 Public Works Director Deryl Burch told the Board there was a discrepancy
between the two estimates he has received on this item, and he expressed a
wish to defer action at this time.
The ordinance was left on first reading.
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OTHER BUSINESS
EPA BRIEF
November 3, 1987
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The
The City Attorney reported he would submit the City's Brief in the EPA 372.1
evidentiary hearing matter, on the split -flow discharge permit, to the
Administrative Law Judge tomorrow. He said all parties will have thirty
days to file reply briefs, after which the Judge will render a decision
(hopefully within 50-90 days). He said there is an appeal procedure that an
adversely affected party can take, to the EPA Administrator initially, and
then to the Eighth Circuit Court of Appeals.
CITIZEN COMMENTS
William Giese, resident of Zion Road, addressed the Board. Giese complained
about the way a sewer leak was handled on his road. He said he was not
speaking against the workers, but he thought there was no supervision. He
said he called the City Manager who advised him he had only been here a few
months and was not quite familiar with everything. Giese suggested the City
Manager be put "on a trainee's salary." He said the equipment they used to
clean out the sewer line had been broken down. Giese remarked that he
thought the City had just spent $130,000 revamping the City Shop equipment.
He said seven men showed up with a piece of equipment it takes two men to
operate. He said the pavement covering the manhole was dug up and thrown in
the gutter next to a storm drain which he said would now be plugged up after
the next rain. He asked why supervisors didn't see this. Giese said the
former City Manager, after fifteen years, said he had a "shade tree
operation". Giese said the City hadn't changed but it had spent a lot more
money.
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1,000 CRANES FOR PEACE
The Mayor noted the children of the First United Presbyterian Church had
presented the City with 1,000 paper cranes they spent all summer folding, as
a gesture of peace. The Mayor said it was a very colorful addition to City
Hall.
GOODBYE TO DAN O'MARA
The Mayor said "goodbye" to Dan O'Mara, reporter for The Springdale News.
She remarked that he was covering his last Fayetteville City Board meeting,
and wished him the best in his move to the Houston, Texas area.
•
372.2
372.3
372.4
November 3, 1987
MINUTES
373.1 The minutes of the October 20 meeting were approved with the following
changes:
357.1 Add "and promote traffic safety"
357.3 After "standardized" add "so motorists would not be
distracted"
352.9 Correct "4/6" to read "4.6"
354.1 Change "half-time person" to "person half-time"
ADJOURNMENT
373.2 The meeting adjourned at about 9:10 p.m.
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