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Home My WebLink About2008-09-02 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams1 Ward 2 Position 2—Nancy Allen 1PVWard 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting September 2, 2008 A meeting of the Fayetteville City Council will be held on September 2, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None Presentations, Reports and Discussion Items: None Agenda Additions: Discussion regarding Res. 162-08: University of Arkansas Technology Development Foundation cost share for the preparation of an Economic Development Strategic Plan. A. Consent: 1. Approval of the August 19, 2008 City Council meeting minutes. APPROVED. 2. Bid # 08-54 Hill Electric, Inc: A resolution awarding Bid # 08-54 and approving a contract with Hill Electric, Inc. in the amount of$139,875.00 for the installation of street lighting along College Avenue from Rock Street to Maple Street; and approving a 10% project contingency in the amount of$13,988.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 163-08. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. 2008-2009 Justice Assistance Grant: A resolution accepting 2008-2009 Justice Assistance Grant (JAG) for federal and state funding in the amount of$164,306.00 and $32,818.00 respectively, for the primary funding source of the 4`h Judicial District Drug Task Force; and approving a budget adjustment in the amount of$46,560.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 164-08. 4. State and Federal Forfeiture: A resolution approving a budget adjustment to recognize Federal Forfeiture Revenue in the amount of$59,133.00, and State Forfeiture Revenue in the amount of$21,237.00 for Police Department use only. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 165-08. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: 2. Boardwalk Property Owners Association: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share with the Boardwalk Property Owners Association (POA) in an amount not to exceed $69,674.00 to dredge the Boardwalk POA pond. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. This ordinance was left on the Second Reading at the August 23, 2007 C Council meeting. This ordinance was left on the Second Reading at the September 4, 2007 City Council meeting and Tabled to the October 2, 2007 City Council meeting. This ordinance was left on the Second Reading and was tabled indefinitely at the October 2, 2007 City Council meeting. This ordinance was left on the Second Reading and tabled to the September 2, 2008 City Council meeting at the July 1, 2008 City Council meeting. This ordinance was left on the Second Reading. THIS ITEM WAS TABLED INDEFINITELY. 3. Raze and Removal at 402 E. Center Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Tiffany R. Major located at 402 E. Center Street in the City of Fayetteville, Arkansas; and approving a budget adjustment in the amount of $4,945.00. This resolution was tabled at the August 19, 2008 City Council meeting to the September 2, 2008 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 166-08. 4. ANX 08-3036 (Fayetteville Farmington Land Swap): An ordinance simultaneously detaching territory from the City of Farmington and annexing said territory into the City of Fayetteville, pursuant to A.C.A §14-40-2101. This ordinance was left on the Second Reading at the August 19, 2008 City Council meeting. This ordinance was left on the Second Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5172. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. Public Hearing: 1. Epperly Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Daniel and Reba Epperly. THIS ITEM WAS TABLED TO THE OCTOBER 7, 2008 CITY COUNCIL MEETING. 2. Parker Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Herbert G. Parker, being an heir at law of Otis J. Parker, deceased. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 167-08. 3. Littlefield Investment Company Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Littlefield Investment Company. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-08. D. New Business: 1. Amend Chapter 33, Departments, Boards, Commissions and Authorities: An ordinance to amend the Code of Fayetteville to establish the procedures for the use of funds budgeted for the in-house street overlay projects. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5173. 2. Amend Chapter 174, Signs: An ordinance to amend Section 174.03 (H) Non- Commercial Signs of the Unified Development Code to allow property owners to post a small political sign for each candidate up to sixty days before an election. PASSED WITH AN EMERGENCY CLAUSE AND SHALL BE RECORDED AS ORDINANCE NO. 5174. 3. Amberwood Place Appeal: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2965, Amberwood Place, located south and east of Double Springs and Dot Tipton Road; containing approximately 39.98 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. THIS ITEM WAS TABLED TO THE SEPTEMBER 16, 2008 CITY COUNCIL MEETING. 4. Center Street Drainage Contract: An ordinance to waive competitive bidding and to award a construction contract in the amount of $43,315.00 plus a $5,000.00 project contingency to Sweetser Construction, Inc. to replace the existing drainage structure under Center Street and completely repair the street and appurtenances. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5175. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 5. Per-Erik Persson Contract: A resolution approving a contract with Per-Erik Persson, an agent for the Swedish-American Business South Central, LLC, in an amount not to exceed $13,125.00 to recruit Swedish companies to locate in the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 169-08. 6. Discussion regarding Res. 162-08: University of Arkansas Technology Development Foundation cost share for the preparation of an Economic Development Strategic Plan. Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 8:05 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: Septe-__-.ier 2, 2008 djourn: Subject: Roll Allen Rhoads Ferrell (� Lucas f�Koa-� w(A Jordan ✓ 61,' Gray LAX) Thiel Cook OLb s&uk Mayor Coody / `U Subject: Motion To: Motion By: Seconded: Allen Rhoads Ferrell Lucas Jordan Gray Thiel Cook Mayor Coody City Council Meeting: Septe.,—Jer 2, 2008 Subject: Consent Motion To: Motion By: Seconded: aUJA`, Allen Rhoads OvbSP'�"� Ferrell ✓ j� Lucas ./ Jordan ./ Gray h wfU Thiel ✓ Cook , P46. 163-Q- & t6JC_D g Mayor Coody �Q Subject: Motion To: Motion By: Seconded: Allen Rhoads Ferrell Lucas Jordan Gray Thiel Cook Mayor Coody City Council Meeting: Septe,y ier 2, 2008 Subject: Hiring Freeze Appeals: Motion To: Motion By: Seconded: B. 1 Allen Unfinished Rhoads Business Ferrell Lucas Jordan Gray Thiel Cook Mayor Coody Subject: Hiring Freeze Appeals: Motion To: Motion By: Seconded: B. 1 Allen Unfinished Rhoads Business Ferrell Lucas Jordan Gray Thiel Cook Mayor Coody City Council Meeting: SepteL_,ier 2, 2008 Subject: Boardwalk Property Owners Association Motion To: Motion By: �- Seconded: �lZ B. 2 Allen Unfinished Rhoads Business Ferrell r/ Lucas Jordan Gray r Thiel ✓ Cook OAuv� Mayor Coody 7- 0 Subject: Raze and Removal at 402 E. Center Street Motion To: � � � Motion By: ' Seconded: B. 3 Allen Unfinished Rhoads Business Ferrell Lucas Jordan P� Gray � Thiel Cook Mayor Coody 7 '� City Council Meeting: Septe,-J'er 2, 2008 Subject: IANX 08-3036 (Fayetteville Farmington Land Swap) Motion To: 3 Ad Motion By: Seconded: B. 4 Allen Unfinished Rhoads Business Ferrell ✓ ✓ Lucas ✓ ,/ Jordan ✓ ,/ �0-4,4d Gray Thiel ,/ ✓ Cook Mayor Coody Subject: Motion To: Motion By: Seconded: Allen Rhoads Ferrell Lucas Jordan Gray Thiel Cook Mayor Coody City Council Meeting: Septe.__.ier 2, 2008 Subject: Epperly Condemnation Motion To: 4-o �� r 9& 0 SNA` Motion By: RN Seconded: D0� C. 1 Allen Public Rhoads Hearing Ferrell Lucas r Jordan tt� Gray Thiel �, aDOg Cooky Mayor Coody �-a Subject: Parker Condemnation Motion To: Motion By: Seconded: C. 2 Allen Public Rhoads ✓ Hearing Ferrell Lucas f JordanJsex�Acol. ®4eJ u,, Gray I�� Thiel LZ Cook .� Mayor Coody City Council Meeting: Septe.__iier 2, 2008 Subject: Littlefield Investment Company Condemnation Motion To: Motion By: Seconded: C. 3 Allen Public Rhoads i✓ Hearing Ferrell ✓ Lucas ✓ Jordan ✓ Gray L/ Thiel ✓ Cook Mayor Coody Subject: Motion To: Motion By: Seconded: Allen Rhoads Ferrell Lucas Jordan Gray Thiel Cook Mayor Coody City Council Meeting: SepteL_aer 2, 2008 Subject: Amend Chapter 33, Departments, Boards, Commissions and Authorities Motion To: lid Motion By: Seconded: 0 m ddenLt QWJOAS- v C. 1 Allen V11- �/ �/" ✓ New Rhoads c/ ✓ ✓ Business Ferrell ,/ ✓ ,/ '� Lucas ,/ L/ ✓ ✓ Jordan ✓ ,/ f Gray ,/ ✓ ✓ ,/ Thiel of t✓ Cook 6daeAj-r 73 Mayor Coody Subject: Amend Chapter 174, Signs Motion To: / 3 Motion By: Seconded: 2 C. 2 Allen New Rhoads Business Ferrell 11/ Lucas Jordan ✓ f Gray /V E/ Thiel Cook < Mayor Coody 3 - � -U ��-�J City Council Meeting: Septe.__:ier 2, 2008 Subject: 7 �� Motion To: Anj Motion By: ✓ �� Seconded: CO Allen ,/ ✓ f t� Rhoads A �'`" Ferrell Lucas PA44 Jordan Gray t/ 1/ ✓ Thiel Cook Mayor Coody Subject: Motion To: Motion By: Seconded: Allen Rhoads Ferrell Lucas Jordan Gray Thiel Cook Mayor Coody City Council Meeting: Septe, _Ji City Council Meeting: SepteL_Aier 2, 2008 Subject: Per-Erik Persson Contract Motion To: Motion By: Seconded: C. 5 Allen ,f New Rhoads Business Ferrell Lucas Jordan Gray Thiel Cook " l HCl _ Q Mayor Coody Subject: Motion To: 4"0 Motion By: Seconded: Allen Q� Rhoads Ferrell Lucas Jordan Thiel Cook Mayor Coody Aldermen Ward 1 Position 1 —Adella Gray Mayor Dan Coody Ward 1 Position 2 —Brenda Thiel Ward 2 Position 1 —Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2 —Nancy Allen Ward 3 Position 1 —Robert K. Rhoads City Clerk Sondra Smith Ward 3 Position 2 —Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2 —Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting September 2, 2008 A meeting of the Fayetteville City Council will be held on September 2, 2008 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the August 19, 2008 City Council meeting minutes. 2. Bid # 08-54 Hill Electric, Inc: A resolution awarding Bid # 08-54 and approving a contract with Hill Electric, Inc. in the amount of $139,875.00 for the installation of street lighting along College Avenue from Rock Street to Maple Street; and approving a 10% project contingency in the amount of$13,988.00. 3. 2008-2009 Justice Assistance Grant: A resolution accepting 2008-2009 Justice Assistance Grant (JAG) for federal and state funding in the amount of $164,306.00 and $32,818.00 respectively, for the primary funding source of the 4th Judicial District Drug Task Force; and approving a budget adjustment in the amount of$46,560.00. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org 4. State and Federal Forfeiture: A resolution approving a budget adjustment to recognize Federal Forfeiture Revenue in the amount of $59,133.00, and State Forfeiture Revenue in the amount of$21,237.00 for Police Department use only. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: 2. Boardwalk Property Owners Association: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share with the Boardwalk Property Owners Association (POA) in an amount not to exceed $69,674.00 to dredge the Boardwalk POA pond. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. This ordinance was left on the Second Reading at the August 23, 2007 City Council meeting. This ordinance was left on the Second Reading at the September 4, 2007 City Council meeting and Tabled to the October 2, 2007 City Council meeting. This ordinance was left on the Second Reading and was tabled indefinitely at the October 2, 2007 City Council meeting. This ordinance was left on the Second Reading and tabled to the September 2, 2008 City Council meeting at the July 1, 2008 City Council meeting. This ordinance was left on the Second Reading. 3. Raze and Removal at 402 E. Center Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Tiffany R. Major located at 402 E. Center Street in the City of Fayetteville, Arkansas; and approving a budget adjustment in the amount of $4,945.00. This resolution was tabled at the August 19, 2008 City Council meeting to the September 2, 2008 City Council meeting. 4. ANX 08-3036 (Fayetteville Farmington Land Swap): An ordinance simultaneously detaching territory from the City of Farmington and annexing said territory into the City of Fayetteville, pursuant to A.C.A §14-40-2101 . This ordinance was left on the Second Reading at the August 19, 2008 City Council meeting. This ordinance was left on the Second Reading. C. Public Hearing: 1. Epperly Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Daniel and Reba Epperly. 2. Parker Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Herbert G. Parker, being an heir at law of Otis J. Parker, deceased. 3. Littlefield Investment Company Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Littlefield Investment Company. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil le.org D. New Business: 1. Amend Chapter 33, Departments, Boards, Commissions and Authorities: An ordinance to amend the Code of Fayetteville to establish the procedures for the use of funds budgeted for the in-house street overlay projects. 2. Amend Chapter 174, Signs: An ordinance to amend section 174.03 (H) Non- Commercial Signs of the Unified Development Code to allow property owners to post a small political sign for each candidate up to sixty days before an election. 3. Amberwood Place Appeal: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2965, Amberwood Place, located south and east of Double Springs and Dot Tipton Road; containing approximately 39.98 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. 4. Center Street Drainage Contract: An ordinance to waive competitive bidding and to award a construction contract in the amount of $43,315.00 plus a $5,000.00 project contingency to Sweetser Construction, Inc. to replace the existing drainage structure under Center Street and completely repair the street and appurtenances. 5. Per-Erik Persson Contract: A resolution approving a contract with Per-Erik Persson, an agent for the Swedish-American Business South Central, LLC, in an amount not to exceed $13,125.00 to recruit Swedish companies to locate in the City of Fayetteville. Announcements: 1. City Council Tour: None Adjournment: 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org A.2. Bid#08-54 Hill Electric, Inc. City of Fayetteville Page 1 of 2 Bid 08-54, College Avenue Lighting Construction Contract This contract executed this _ day of , 2008, between the City of Fayetteville, Arkansas, and Hill Electric, Inc. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Hill Electric, Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid 08-54 as stated in Hill Electric. Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid #08-54, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Hill Electric, Inc. based on their bid proposal in an amount not to exceed $139.875.00. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and Hill Electric. Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 08-54 with the specifications & conditions typed thereon. B. Hill Electric, Inc. bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Hill Electric, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Hill Electric, Inc. 5. Hill Electric. Inc. shall not assign its duties under the terms of this agreement. 6. Hill Electric. Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Hill Electric, Inc. performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Hill Electric, Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Hill Electric, Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000;000 for each accident. Property Damage Liability $1,000,000 aggregate. City of Fayetteville Contract: Bid 08-54, College Avenue Lighting Construction Page 1 of 2 A.2. Bid#08-54 Hill Electric, Inc. Page 2 of 2 The premiums for all insurance and the bond required herein shall be paid by Hill Electric, Inc. 8. Hill Electric, Inc. to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Hill Electric. Inc. with 10 days written notice. 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. WITNESS OUR HANDS THIS DAY OF 2008. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS DAN COODY, Mayor Attest: Sondra Smith, City Clerk :// r✓rcJ�r�c c CONTRA TO BY T't c�.r NAME AND TITLE ATT ST: COMPANY SECRETARY BUSINESS ADDRESS City of Fayetteville Contract: Bid 08-54, College Avenue Lighting Construction Page 2 of 2 • 3 B.3. City of Fayetteville Staff Review Form Raze and Removal 402 E.Center Street Page 1 of 24 City Council Agenda Items and n _(I Contracts, Leases or Agreements t l t�J to 8/19/2008 f 6/tt - U)m City Council Meeting Date /j pVVV 6L„ , Q Agenda Items Only -�""`� Yolanda Fields Community Resources Operations Submitted By Division Department Action Required: Public Hearing and Resolution to order the Raze and Removal of the unsafe structure located at 402 E. Center St. (WC Parcel#765-12746-000) Cost of this request Category/Project Budget Program Category/Project Name 1010.6420.5315.04 Raze and Removal Account Number Funds Used to Date Program/Project Category Name $ General Fund Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached )�p 1 ' � E' - Ce Previous Ordinance or Resolution# ITOPErtmAt Director Date O Original Contract Date: 0 I Q Original Contract Number: City Attorney Date ' Received in City � Clerk's Office v Finance and Internal Service Director Date / Received in (1119” Mayor's Office � MayorD- ate Comments: Staff recommends the Raze and Removal of the structure and approval of the budget adjustment. Revised April 16, 2007 l /./,/ . /— S`_ 1 n n cr m'7� Cl 3.3. Raze and Removal 402 E.Center Street Page 2 of 24 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Yolanda Fields, Community Resources Dirct Date: August 22, 2008 Subject: Raze&Removal of structure on 402 E. Center Street. BACKGROUND Service Request#48553, Case#5721: Code Compliance responded to a complaint concerning the structure located at 402 E. Center St. The structure appeared to be in violation of Subsection 173.08, Unsafe Building, of the City Code of Ordinances. The Building Safety Division Director inspected the property and determined that the structure was in violation of Subsection 173.08, Unsafe Buildings, of the City Code of Ordinances. Specifically, the Building Safety Division Director observed: Roof and Ceiling collasped; structure unsecure with broken windows and open door; floor rotten; mold; foundation damaged; and vermin. He also determined the"house is beyond repair and is a hazard to the community". This item was tabled indefinely during the June 17, 2008 City Council meeting due to a change in ownership. On June 12, 2008, the property owner filed a Quitclaim Deed with the Washington County Circuit Clerk, File#2008-00019604. The property was deeded to Tiffany R. Major, the daughter of the previous property owners. On June 13, 2008, an Unsafe Building Notice of Violation was hand delivered to the current property owner, Tiffany R. Major. By ordinance, the owner was given until July 14,2008 to acquire a building permit or to raze and remove the structure. This item was tabled again during the August 19, 2008 City Council Meeting. DISCUSSION This parcel contains a 1,000 square foot, one story wood frame single family dwelling. The structure is secured, but has deteriorated to a point were it is no longer safe. There is not a current building permit on this structure. RECOMMENDATION Staff recommends a resolution to order the raze and removal of the structure. B.3. Raze and Removal 402 E.Center Street Page 3 of 24 BUDGETIMPACT Contracting the raze and removal of the structure would cost approximately$4,945. An ad was placed in the newspaper on April 20 and April 27 for bids on the raze and removal of the structure. The lowest winning bid was from Burnett Commercial Contracting Inc., for$4,945. A budget adjustment is needed to fund this project. The cost will be billed to the property owner. If payment is not received, the city will place a lien on the property for the amount of the raze and removal. 3.3. Raze and Removal 402 E.Center Street Page 4 of 24 RESOLUTION NO. A RESOLUTION ORDERING THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE OWNED BY TIFFANY R. MAJOR LOCATED AT 402 E. CENTER STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $4,945.00. WHEREAS, Tiffany R. Major is the record owner of the real property situated at 402 E. Center Street, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: WC Parcel Number 765-12746-000; and, WHEREAS, the City Council has determined that the structure located on said property is dilapidated, unsightly, unsafe, and detrimental to the public welfare; and, WHEREAS, Tiffany R. Major, having been properly served with a Violation Notice via Certified Mail, Return Receipt Requested, and given thirty (30) days to correct said violation, has refused to repair, or raze and remove said dilapidated, unsightly, and unsafe structure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That, by the authority granted pursuant to A.C.A. §14-56-203, and in accordance with the provisions of Ordinance No. 3948 of 1996, Tiffany R. Major is hereby ordered to raze and remove forthwith, the dilapidated, unsightly, and unsafe structure located on the aforementioned real property. The manner of removing said structure shall be: dismantle by hand or bulldozer, and haul all debris to a landfill. Section 2: That, if Tiffany R. Major does not comply with this order, the Mayor is hereby directed to cause the dilapidated, unsightly, and unsafe structure to be razed and removed; and a lien against the real property shall be granted and given the City, pursuant to A.C.A. §14-54-904, for the costs associated therewith. Section 3: That the City Council of the City of Fayetteville, Arkansas, hereby approves a Budget Adjustment in the amount of$4,945.00 to contract for the razing and removal of said structure. PASSED and APPROVED this 2id day of September, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH,City Clerk/Treasurer 3.3. Raze and Removal 402 E.Center Street Page 5 of 24 City of Fayetteville "ev* Office of Code Compliance Fay West Mountain Street �e Phone 479-044.3430 Fayetteville,Arkansas 72701 Fax479444-3445 S VIOLATION NOTICE June 13,2008 Owner TIFFANY R.MAJOR 2710 N.COLETTE FAYETTEVILLE,AR 72703 RE: Property @ 402 CENTER WC Parcel# 765-12746-000 Case# 5721 Dear Property Owner: It appears that your properly contains a violation of the Fayetteville Unified Development Ordinance. It is our.goal to notify and assist property owners to coned violations of city ordinances before taking actual enforcement actions. If YOU need clarification of this notice or advice on how to correct the problem,please call our office at. Suspected Violation That Needs Correction: §173.08 Unsafe Buildings.No persons,partnership,corporation or association,hereinafter referred to as"owner", shall keep or maintain any house or building within the corporate limits of the City which has become dilapidated, unsafe,unsanitary,or detrimental to the public welfare. ' How This Violation Can Be Voluntarily Corrected: By making repairs as needed or razing the structure and remove all debris from the lot. A building permit may be required,based on review of the Building Safety Director. Potential Penalties: If this violation Is not corrected within thirty(30)days from the service of this notice,you can be issued a Criminal Citation for the above violation and be summoned to appear in court. Our office can also suggest the structure be razed and removed. The costs shall be charged to the owner(s)of the property and the city shag have a lien against such property for such costs. If you disagree with our conclusion Mat your property contains a violation of our ordinances,you have the right to appeal to the appropriate City Board,Commission or City Council. Please see Chapter 155 of the Unified Development Code. If the residence is owner occupied and meets certain income requirements,you may qualify for federal assistance underour Community Development Block Grant. Formore information on this program,please call(479)575-8270 or 575.8240. Sincerely, . BRENTJOHNSON Code Compliance Officer Cc:file j B.3. RazaandRanwal-.--. 402 E.Center Street Page 6 of 24 CITY OF FAYETTEVILLE CODE COMPLIANCE PROGRAM OFFICER DELIVERY FORM Officer delivery is required for the attached document: Notice: 173.08 Unsafe Building Name and Address to Deliver: Tiffany R. Major Z 710 W, Col PTT Fwrar-r5,v�a.e� igR � L7v3 Owner/Occupant's Signature: WNJW rfflQ� rn Return of Service I, Brent Johnson of the Code Compliance Program(otiicername—print) certify that I provided a true �copy of the document described above to: 1 rr h y `� "i>I 1' at the following address; (name ofrecipient) " Delivery Date lD ✓/ f��_Time Officer Signature CC Police officer Delivery Fomr(notice) Revised(7-05) Page 1 of I 3.3. Raze and Removal 402 E.Center Street City of Fayetteville Page 7 of 24 Code Compliance 113 West Mountain Street ev le Fayetteville,Arkansas 72701 ARKAN7clye SAS Phone 479-444-3430 August 22, 2008 21 Tiffany R. Major 2710 Colette Ave. co Fayetteville, AR 72703 RE: Enforcement of Fayetteville Code 173.08 Arkansas Code Ann. 14-56-203 NOTICE TO PROPERTY OWNERS Pursuant to A.C.A. 14-56-203 at 173.08 of the Fayetteville Code, you are placed upon Notice that the Fayetteville City Council will conduct a public hearing to determine if the dwelling located at 402 E. Center St. (Parcel #765-12746-000), should be Razed and Removed. You are free to appear at this hearing to present any evidence or statements. If you need additional information concerning this process or if you have information that we are not aware of,please call the Code Compliance Office at (479) 444-3430. The hearing will be part of a regular City Council meeting on September 16, 2008 beginning at 6:00 p.m. at the City Administration Building, 113 W. Mountain St, Fayetteville, AR 72701. The City Council Meetings are advertised in local newspapers and will contain an item concerning this hearing. You may also call the Fayetteville City Clerk's Office (479-575-8323) for information confirming the date of the public hearing. Sincerely, Chad Ball Community Resources Coordinator Cc: file Real Estate Parcel Information Raze anrFW jaPf 2 Record 1 of 2 Last Updated 08/21/08 402 E.Center Street Page 8 of 24 Parcel Number: 765-12746-000 Prev. Parcel Number: 145921-000-00 Type: RI Location: 402 E CENTER ST Owner Name: MAJOR, TIFFANY RONCHELLE Mailing Address: 2710 N COLETTE FAYETTEVILLE AR 72703 Lot: Block: S-T-R: 15-16-30 Addition: 15-16-30 COUNTY COURT PLAT School District: FAYETTEVILLE SCH, FAY Tax District: 011 City: FAYETTEVILLE Legal: PT S 112 L; 40-41 NW Current Year A79 Credit Status: V Last Appraised: 2007 Appraised Value Taxable Value Land 26,400 4,224 Improvement 55,450 9,036 Total 81,850 13,260 Tax History Taxable Ad Imp' Timber Voluntary A79 A79 Net Total Payment Year Valorem Dist. Total Value Tax Tax Tax Tax Credit Status Tax Tax Paid Status 2006 11,050 $582.34 $0.00 $0.00 $0.00 $582.34 $0.00 2005 10,836 $571.06 $0.00 $0.00 $0.00 $571.06 $571.06 PAID 2004 9,933 $515.13 $0.00 $0.00 $0.00 $515.13 $515.13 PAID 2003 9,030 $478.23 $0.00 $0.00 $0.00 $478.23 $478.23 PAID 2002 8,844 $459.53 $0.00 $0.00 $0.00 $459.53 $459.53 PAID 2001 8,107 $421.24 $0.00 $0.00 $0.00 $421.24 $421.24 PAID 2000 7,370 $386.93 $0.00 $0.00 $0.00 $386.93 $386.93 PAID 1999 7,370 $377.34 $0.00 $0.00 $0.00 $377.34 $377.34 PAID 1998 7,370 $378.08 $0.00 $0.00 $0.00 $378.08 $378.08 PAID 1997 7,370 $378.08 $0.00 $0.00 $0.00 $378.08 $378.08 PAID Available Tax Payment Receipt(s) Receipt Payment Ad Valorem Imp. Dist. Timber Voluntary Penalty Year # Date Tax Tax Tax Tax Tax Payment 2005 998035 8/23/2007 $571.06 $0.00 $0.00 $0.00 $0.00 $571.06 2004 998035 8/23/2007 $515.13 $0.00 $0.00 $0.00 $0.00 $515.13 2003 998035 8/23/2007 $478.23 $0.00 $0.00 $0.00 $0.00 $478.23 2002 998035 8/23/2007 $459.53 $0.00 $0.00 $0.00 $0.00 $459.53 2001 109398 10124/2002 $421.24 $0.00 $0.00 $0.00 $0.00 $421.24 2000 14281 10120/2001 $386.93 $0.00 $0.00 $0.00 $0.00 $386.93 1999 11382 10/2/2000 $377.34 $0.00 $0.00 $0.00 $0.00 $377.34 1998 8697 10/25/1999 $378.08 $0.00 $0.00 $0.00 $0.00 $378.08 1997 18491 10/17/1998 $378.08 $0.00 $0.00 $0.00 $0.00 $378.08 Deed History Date Book Page Granteel Grantee2 Deed Sale Revenue Type Amount Amount 6/1212008 2008 19304 MAJOR,TIFFANY QC 0 RONCHELLE LAJ 2008-19304 QC NO REV 8/14/2007200732069 TAYLOR, ROY LEE & RD 0 SANDRA RUTH LMV 2007-32069 RD#238945 http://co.washington.ar.us/propertysearch/RPareelInfo.asp?ST=N&HN=1&LU=082108&PH=25&PT=R... 8/22/2008 Real Estate Parcel Information Raze angAgoa'Pf 2 TAYLOR, ROY LEE & 402 E.Center Street 1/1/1985 805 176 SANDRA RUTH WD 0 0.00 Page s of 24 93-26292 RED DEED#89936 (7/1/93) (MC) Structure Occupancy Construction First Floor Total Living Year Basement Number Type Type Living Area Area Constructed Area 1 SF FS 987 987 1960 Grade Condition Exterior Wall Fireplace Year Effective Remodeled Age 4 A SIDING 47 F— 47----] 2 MN 2 Sketch: (987) 1 6 0 P 1�-47— E11 Out Buildings and Yard Improvements Qty Description Size Quality 1 Outbuild ing,metal 6x6 Next Item ( Previous Item Ledger Card I Prev. Ledger Card I Return to Search Results Modify Search New Search http://co.washington.ar.us/propertysearch/RParcelInfo.asp?ST=N&HN=1&LU=082108&PH=25&PT=R... 8/22/2008