HomeMy WebLinkAbout1985-04-16 MinutesMINUTES OF A MEETING OF THE BOARD OF DIRECTORS
A regular meeting of the Fayetteville City Board of Directors was
held on Tuesday, April 16, 1985 at 7:30 P.M. in the Board Room of
City Hall at 113 West Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Noland; Directors Bumpass, Hess,,Johnson, Lancaster,
Martin and Orton; City Manager Grimes, Assistant City
Manager McWethy, City Attorney McCord, City Clerk Kennedy,
members of the press and audience.
CALL TO ORDER
Mayor Noland called the meeting to order, with seven Directors present,
and asked for a moment of respectful silence.
BUDGET APPROVALS
Mayor Noland introduced consideration of approval of the following
budgets: 1985 Water and Sewer, Sewer Plant Construction, Advertising
and Promotion, Sewer Assessment, Police Pension, Fire Pension, Money
Purchase Pension, Municipal Judge Retirement, CEC and Parking Facility,
Off -Street Parking, Replacement, Industrial Park, 1978 G.O. Bond and
1970 Street Improvement Funds.
Director Martin, Chairman of the Finance Committee, reported that
after review and with a number of changes, the committee unanimously
recommended approval of the budgets. Martin noted that the budgets
under consideration total $18,134,073.
Director Martin, seconded by Orton, made a motion to approve'the budgets.
Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 41-85 APPEARS ON PAGE 9I 2$ OF ORDINANCE & RESOLUTION
BOOK XX I
BUDGET ADJUSTMENTS
Finance Committee Chairman Martin introduced three requests for budget
adjustments which he noted were in conformance with the new policy
(that departments must offset a budget adjustment by transferring
the needed amount from elsewhere in that department's budget).
99
99.1
99.2
99.3
99.4
100
Street Department
April 16, 1985
100.1 Martin introduced a request from the Street Department for an adjustment
of $5,883 in the Contract Services account (required by a cost overrun
on a state project - the Skull Creek culvert and approaches on Appleby
Road), with the funds to be shifted from the Old Wire Road East bridge
project. Director Martin, seconded by Bumpass, made a motion to approve
the request. Upon roll call, the motion passed, 7-0.
Airport Department
100.2 Martin introduced a request from the Airport Department for an adjustment
to their Buildings and Grounds Maintenance Budget. Martin explained
that the Airport has used all but $1500 of their $8,000 Buildings
and Grounds Maintenance budget and they request the following: (1)
an adjustment of $1600 for a water line break; and (2) an adjustment
of $550 to replace broken windows. Martin explained the total of
$2190.72 would be offset in the following manner: shifting $1,000
from Rent House Maintenance and $2,000 from the rewiring of the Old
White Hangar building. Director Martin, seconded by Lancaster, made
a notion to approve the adiustnente.
100.3 Director Bumpass asked what had caused the broken windows and City
Manager Grimes explained that the damage had accumulated over several
years and is now due to be repaired with the change in the Fixed Base
Operator tenant Grimes pointed out that the broken windows were
not due to negligence on the part of the tenant. Bumpass commented
that maintenance of the windows should perhaps be the responsibility
of the tenant. The Airport Manager noted that the new FBO lease requires
that the tenant be responsible for window breakage that occurs due
to negligence. Upon roll call, the motion passed. 7-0.
Parks and Recreation Department
100.4 Director Martin introduced a request by the Parks and Recreation Department
for a adjustment in the General Fund because of "misbudgeting". Martin
explained that salary for a part-time employee was placed in the wrong
fund and that the request is to transfer $1.240 from the Housing Authority
to the Adult Center. Director Martin. seconded by Hess, made a motion
to approve the adiustment. Upon roll call. the motion passed. 7-0.
100.5 Director Martin complimented the department supervisors for setting
a good example in their approach to requesting budget adiustments.
REZONING APPEAL R85-10/1ST NAT'L BANK OF TALEQUAH
100.6 Mayor Noland introduced an appeal of a decision by the Planning Commission
to deny rezoning 0.57 acres (located at the northeast corner of Huntsville
1
April 16, 1985
Road and Sherman Avenue) from R-1, Low Density Residential, to C-1,
Neighborhood Commercial. Noland explained that the Planning Commission
vote was 9-0 to deny the petition.
101
101.1
Jerry Hiett was present to represent the petitioner, First National 101.2
Bank of Talequah.
The City Attorney pointed out that, even though the petition reflects
a request to change from R-1 to C-1, the petitioner intended to request
C-2, Thoroughfare Commercial; that the notice published in the paper
and the sign posted on the property reflected C-2. McCord pointed
out that the Planning Commission considered the C-1 request. McCord
stated that the petitioner now requests a decision from the Board
on the merits of C-2.
Hiett noted there were other errors involved in this petition and
he explained that he received the wrong information about the Planning
Commission meeting and did not arrive until after the public hearing
ended. Hiett stated he would never consider asking to rezone the
property if it were a vacant lot, and he would never consider building
for commercial use in the middle of a residential neighborhood. Hiett
noted that the existing building has been in operation as a commercial
business for more than 25 years. Hiett stated the property was originally
zoned commercial when it was annexed into the city but was changed
in 1970 when the Master Street Plan was designed. Hiett stated that,
since that time, the property has operated on "conditional use permits"
but, because of a six-month lapse in use, the conditional use permit
is no longer allowable.
Hiett stated, if the zoning is approved, he would be the new occupant
of the building. Hiett explained he proposes to use the building
for auctions and he stressed that the use would not be that of "an
auction house or a sale barn", that the sales would be of top quality
merchandise and antiques to a limited number of customers. Hiett
stated he thought there was ample area for parking.
101.3
101.4
101.5
Hiett reported he had contacted 30 homes in the neighborhood and that, 101.6
of those 30 homes,
15 signed a petition in favor of the rezoning
1 person signed a petition in opposition to the rezoning
4 persons expressed opposition but would not sign a petition
4 persons remained neutral
2 persons stated they were undecided
4 persons could not be contacted
Mayor Noland asked if anyone in the audience wished to speak in favor 101.7
of or against the rezoning.
102
April 16, 1985
102.1 Homer McBroom. resident of 1615 Huntsville Road, stated he has lived
directly across from the property for 30 years. McBroom commented
that the proposed use would "make a lot of noise" and additional traffic
in the area would be dangerous. McBroom stated he would like the
neighborhood to remain residential.
102.2 Director Bumpass commented that he had been under the impression that
the neighborhood was opposed to the rezoning but that Hiett's survey
indicates at least half the neighbors are in favor of the rezoning.
102.3 Director Hess asked Hiett about the proposed hours of operation and
Hiett replied that 45-48 auctions would be held in one year, in the
daytime, beginning at 10:00 A.M. and ending usually no later than
6:00 P.M.
102.4 Director Orton, seconded by Martin, made a motion to uphold the decision
of the Planning Commission.
102.5
102.6
102.7
102.8
102.9
102.10
Dr. Hays spoke in support of Hiett's request, and commented that he
thought the rezoning would allow Hiett to put the building to good
use, rather than its continuing to deteriorate and become an eyesore.
Director Martin noted that the Planning Commission voted unanimously
against the rezoning - he also commented that commercial zoning of
this isolated piece of property in a predominantly residential neighborhood
could "start a catapult which would be detrimental to the neighborhood".
Hiett stated he thought the main reason the Planning Commission vote
was unanimous was because there was no one present to represent the
petition and explain the proposed use. Hiett stated he thought the
vote might have been different if the Planning Commission had understood
that the proposed use was not going to be "a sale barn".
The City Attorney asked Hiett if he wished to refer the matter back
to the Planning Commission so that he could make a presentation, and
Hiett responded affirmatively.
Director Bu.pass, seconded by Johnson, made a motion to refer the
matter to the Planning Commission. With Mayor Noland commenting that
the motion to refer had precedence over the original motion on the
floor, the roll was called on the motion to refer and that motion
passed, 7-0.
The City Attorney commented that, since there were so many errors
because of inadvertence, he thought the Board's action was appropriate.
Mayor Noland remarked that the Board's action means that the Planning
Commission will consider a request for rezoning to C-2.
1
April 16, 1985
OAKLAND STREET DRAINAGE
The Mayor introduced a resolution authorizing the award of an engineering
contract to McClelland Consulting Engineers for surveying, design
and construction management of North Oakland Street drainage.
Community Development Director Carlisle reported that the Selection
Committee received five proposals and, in accordance with the city's
professional selection policy, the committee recommends award of the
contract to McClelland Engineers, for $8,861.
Director Martin asked if this project would have any definitive effect
on street projects such as the widening of Sycamore Street. Carlisle
noted that it was explained in the proposal that Sycamore would be
widened and any necessary work would be taken care of in conjunction
with that street widening project. Director Martin commented that
the city should make sure that citizens have a chance to voice their
opinions about the Sycamore Street project.
Director Hess, seconded by Orton, made a motion to adopt a resolution
authorizing the award of an engineering contract to McClelland Engineers.
Upon roll call, the motion passed, 7-0.
RESOLUTION NO. 42-85 APPEARS ON PAGE 9z47 OF ORDINANCE & RESOLUTION
BOOK XX I
BID AWARD/GROUP LIFE INSURANCE
The Mayor introduced consideration of the award of Bid #609 for group
life insurance for all full-time city employees. The Mayor explained
that several bids were received and it is the recommendation of Hall
Consulting, Inc. that the bid be awarded to Republic National Insurance
Company at a life rate of $.25 per 1,000 and an accidental death and
disability rate of $.06 per 1000.
Director Hess asked what coverage, if any, the city is considering
for part-time employees. Dr. Bob Hall replied that separate bids
would have to be obtained for part-time employee life insurance.
Director Hess, seconded by Johnson, made a motion to award the bid
for group life insurance to Republic National Insurance Company.
Upon roll call, the motion passed, 7-0.
10
103.1
103.2
103.3
103.4
103.5
103.6
103.7
101
104.1
April 16, 1985
REZONING APPEAL R85-11/J.B.HAYS
Mayor Noland introduced an appeal of a decision by the Planning Commission
regarding the failure to recommend the rezoning of 0.56 acres north
of Masonic Drive and east of Highway 471 from R-1, Low Density Residential,
to C-2, Thoroughfare Commercial. The Mayor explained that, although
the Commission voted, 3-2, to approve the rezoning, five affirmative
votes are required for approval. The Mayor also reported that Planning
Consultant Larry Wood prepared a report which was not in favor of
the rezoning. Noland commented that prior to this meeting the owner
of the only contiguous land stated he had no objection to the rezoning.
104.2 Lamar Pettus, representing the buyer (Sam Mathias), explained that
the front 363 feet of the property is already zoned C-2. Pettus explained
also that Mathias had talked with Larry Wood who indicated he had
no problem with R-0 (Residential -Office) zoning at that location.
Pettus stated the buyer would have no problem with R-0 zoning because
the building will be located on the front 363 feet of the property.
104.3 Director Lancaster, seconded by Johnson, made a motion to approve
D-0 zoning for the property.
104.4 The City Attorney read an ordinance for the first time, rezoning the
property to R-0. Director Bumpass, seconded by Johnson, made a motion
to suspend the rules and place the ordinance on second reading. Upon
roll call, the motion passed, 7-0. The City Attorney read the ordinance
for the second time. Director Bumpass, seconded by Hess, made a motion
to further suspend the rules and place the ordinance on third and
final reading. Upon roll call, the motion passed, 7-0. The ordinance
was read fur the third time.
104.5
104.6
In answer to a question from Director Hess, Pettus explained that
there are no plans for the development to have access from Masonic
Drive.
Director Bumpass commented that consideration should by given by the
Planning Commission or the Street Committee as to whether Hemlock
Avenue should be a through street on the Master Street Plan.
104.7 The City Attorney, in response to a question from the audience, explained
that the Planning Consultant objected to the rezoning because it would
set a precedent for extending commercial zoning further east than
the existing eastern boundary line of the commercial zoning.
104.8
Director Martin expressed no objection to the R-0 or the commercial
zoning, but asked if there had been a shortcut in procedure by changing
the request to R-0. The City Attorney stated that this was the case.
1
April 16, 1985
The Mayor asked if anyone in the audience wished to speak against
the rezoning. With no public opposition expressed, the roll was called
and the ordinance passed, 7-0.
ORDINANCE NO. 3082 APPEARS ON PAGE
BOOK XX l
OF ORDINANCE & RESOLUTION
Director Hess stated he was troubled by what is going to happen to
Masonic Drive, if it is not used on the north or the south. Hess
asked that this problem be addressed during the large scale development
process.
FOURTH LOT SPLIT/COLLIS GEREN
105
105.1
105.2
Mayor Noland introduced a request by Collis Geren for approval of 105.3
a fourth lot split, for a parcel located on the west side of Briarwood
Lane, 152 feet south of Peel Street.
Lamar Pettus, speaking for Geren, explained that Geren also owns adjoining
property. Mayor Noland noted that the street is in place and there
are no problems with utilities or sewer.
105.4
Director Orton, seconded by Hess, made a motion to approve the lot 105.5
split. Upon roll call, the motion passed, 7-0.
BILL OF ASSURANCE/BEECHWOOD AVENUE
Mayor Noland introduced a request by Howard Scott for approval of
a Bill of Assurance concerning. the installation of improvements required
in connection with the submission of a large scale development plan
for property at 996 South Beechwood Avenue. Chad Kumpe was present
to represent Howard Scott.
Kumpe stated that he understood the request for a Bill of Assurance
concerns only the installation of a sidewalk. Kumpe pointed out that
there are no sidewalks along the two parcels to the south although
there is a sidewalk in front of the hatchery which ends in a culvert.
Kumpe stated the owner is willing to install a sidewalk at the call
of the city, that he would sign a Bill of Assurance to run with the
land. Kumpe explained the owner proposes to build a mini -warehouse.
105.6
105.7
Director Martin, seconded by Orton, made a motion to approve the request. 105.8
It was pointed out that the Planning Commission had approved a performance
bond rather than a Bill of Assurance. In answer to a question from
Director Lancaster, Kumpe explained that the owner would prefer a
105.9
ion,
April 16, 1985
106.1 Bill of Assurance since he is not a full-time developer and thus has
no record with a bonding company.
106.2 City Manager Grimes noted that widening of the street to full city
standards and installation of storm drainage would be required in
addition to the sidewalk. Grimes pointed out that the city would
not ask for the improvements to be installed until such time as further
development occurs north of the property.
106.3 Upon roll call, the motion passed, 4-3, with Directors Hess, Johnson
and Lancaster voting against the motion. Director Hess commented
that it was inconsistent to require Goldkist to make improvements
and to allow this property owner to sign a Bill of Assurance.
106.4 Director Bumpass asked if the city kept a file for keeping track of
Bills of Assurance. Grimes noted the city keeps a file as well as
a map record. Bumpass commented that a regular review ought to be
made to determine when it is time to enforce a Bill of Assurance.
Grimes stated sidewalk Bills of Assurance were reviewed two or three
months ago and he stated he had made a note to re -review these in
light of approved street and sidewalk projects in the current budget.
REZONING PETITION R85-12/POND & STASTNY
106.5 Mayor Noland introduced an ordinance rezoning 1.21 acres located north
of Cleveland Street and east of Hall Avenue from R-1, Low Density
Residential. to P-1. Institutional. The Mayor explained the plans
are to use this property in coniunction with Leverett School. Noland
reported that the Planning Commission recommended approval by a 5-0
vote. School Superintendent Winston Simpson was present.
106.6 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 second reading. Upon roll call, the motion
passed, 7-0. The City Attorney read the ordinance for the second
time. Director Bumpass, seconded by Johnson, made a motion to further
suspend the rules and place the ordinance on third and final reading.
Upon roll call, the motion passed, 7-0. The ordinance was read for
the final time.
106.7 Simpson explained the plans are to remove the house from the property
and develop the area into additional playground and parking, in the
hopes of enhancing the Leverett School site. Simpson stated an attempt
would be made to avoid removing any large trees.
1
April 16, 1985
Mayor Noland asked if anyone present wished to speak against the ordi-
nance. With no public opposition expressed, the roll was called and
the ordinance passed, 7-0.
ORDINANCE NO. 3083 APPEARS ON PAGE
BOOK XX(
STREET COMMITTEE REPORT
TJ OF ORDINANCE & RESOLUTION
Director Orton presented the following recommendations on behalf of
the Street Committee:
1369 W. Sixth Street
Regarding a sidewalk Bill of Assurance request from Roy Dandy for
property at 1369 West Sixth Street, Orton reported the committee recom-
mends a Bill of Assurance be granted in light of the fact that the
Resource Recovery Authority will be building a sidewalk on the same
side of Razorback Road at some future date. Orton pointed out that
it would be more practical to wait until all the sidewalk can be installed
at one time.
The Board discussed the question of the sidewalk requirement for this
property along Highway 62, although it was noted that Dandy had not
included this sidewalk in his request for a Bill of Assurance. City
Manager Grimes pointed out that the owner would probably get a better
price for installing both the Razorback and Highway 62 sidewalks at
the same time. Director Bumpass commented that he would hate to see
other requests for sidewalk Bills of Assurance from owners of property
along Highway 62, since there has been so much more development on
that road.
107.1
107.2
107.3
107.4
Director Johnson, seconded by Hess, made a motion to grant a Bill 107.5
of Assurance for the sidewalk along Razorback Road. Upon roll call,
the motion passed, 7-0.
Pump Station Road
Orton introduced the request by the Fayetteville Development Foundation,
Inc. for a waiver from the off-site improvement requirements on Pump
Station Road. Orton reported the committee's recommendation is that
the Foundation pay for materials and the city blacktop that part of
Pump Station Road to the existing right-of-way, and that the Foundation
would execute a Bill of Assurance promising that, if they should acquire
land along that section, at that time they would bring the street
up to city standards. Director Orton, seconded by Bumpass, made a
motion to approve the recommendation. Upon roll call, the motion
passed, 7-0.
107.6
108
Sidewalk Request/Mission Boulevard
April 16, 1985
108.1 Orton reported that, in regards to a request for a sidewalk along
Mission Boulevard between Maple and Lafayette, the committee's recommen-
dation is that drainage tile be installed along the length of the
sidewalk and that sidewalk be installed, placing the sidewalk closer
to the highway. Director Orton, seconded by Bumpass, made a motion
that drainage tile and sidewalk be installed as recommended by the
committee. Upon roll call, the motion passed, 7-0.
Sidewalk along Poplar Street between Gregg and Leverett
108.2 Orton introduced the request for a
Gregg and Leverett. Orton noted
scheduled to be improved in 1986
and brought to standards in 1987.
recommends the sidewalk should be
now.
sidewalk along Poplar Street between
that the Poplar Street bridge is
and Poplar Street is to be widened
Orton reported that the committee
installed at that time, rather than
108.3 City Manager Grimes reported that the Street Committee also discussed
the possibility of Poplar Street having three lanes, with one of those
lanes to be a continuous turn lane in the center. Director Hess cautioned
that the existing flooding problems in that area be taken into consid-
eration before street improvements are made.
108.4 Director Orton, seconded by Bumpass, made a motion that, when Poplar
Street is improved, it be designed to have three lanes.
108.5 Mayor Noland pointed out that it was also the suggestion of the committee
that, when the time comes, a sidewalk be built on both sides of Poplar
Street.
108.6 Director Martin asked if it would be consistent with the Master Street
Plan to build three lanes on Poplar Street. Grimes stated the Master
Street Plan designates that street as "local" rather than a "collector"
because it dead -ends at both ends. Director Orton pointed out that
what makes Poplar Street different from other "local" streets is that
about 50% of the property along the street is commercial. Martin
asked if it would be proper procedure to schedule a public hearing,
because of the change in the nature of the street. Director Lancaster
stated he thought the zoning of the area should be re -studied as well,
in light of the extensive commercialization in the area.
108.7 Director Orton amended her motion to refer to the Planning Commission
a recommendation that Poplar Street be constructed with three lanes
(including a turn lane) and a sidewalk on both sides. Upon roll call,
the motion passed, 7-0.
1
Sidewalks on Dickson Street
Director Orton reported that several other streets
by the committee, including a request for sidewalks on
east of the City Library. Orton reported that cost
to be $226,000 and the committee took no action on
Orton added that the committee discussed placing that
priority list.
April 16, 1985
were discussed
Dickson Street
was estimated
that request.
project on the
Sidewalks on South College and South Washington
Orton reported that, concerning requests for sidewalks on South College
and South Washington, the committee took no definite action but will
ask the Community Development Department fora cost estimate for sidewalks
on South Washington, and will look further into right-of-way questions
on South College.
Numbering of Streets along Highway 16 West
Regarding the question of whether to name or number streets along
Highway 16 West, Orton reported that the committee recommends the
streets be numbered. Orton explained that the policy in the past
has been to accept petitions (requesting a street name) from property
owners along the street in question. City Manager Grimes pointed
out that the Board considered this matter in the past and some streets
in that area have already been numbered.
BILL OF ASSURANCE MODIFICATION
Mayor Noland introduced a request for modification of a Bill of Assurance
for property located at 701 North College. Noland explained that
the petitioner requests the Board release the property from a Bill
of Assurance which limited the use to the retail sales of awnings.
The Mayor explained that, when this property was rezoned from R-0
to C-2 on December 6, 1983, a Bill of Assurance was granted to restrict
the use of the property to that of a western store or a pizza delivery
service, that this Bill of Assurance was then modified on December
20, 1983 to change the use to that of an awning sales establishment.
Attorney Nancy Mahler was present to speak for the request. Mahler
explained that the Board modified the original Bill of Assurance (allowing
the pizza delivery service) because the owner at the time decided
to rent the property instead to an awning establishment, which now
has gone out of business.
Director Lancaster stated he thought the Board had approved the rezoning
with the stipulation that, if the use changed from that of an awning
•
109
109.1
109.2
109.3
109.4
109.5
109.6
110
April 16, 1985
110.1 establishment, the zoning would revert back to R-0. Lancaster suggested
that a request for change in use should be heard by the Planning Com-
mission.
110.2 Orton pointed out that the intent of the Bill of Assurance was to
limit the use of the property to a business which would not generate
a lot of traffic.
110.3 The City Attorney clarified that the rezoning from R-0 to C-2 was
contingent upon a Bill of Assurance but there was no automatic reversion
to R-0 included in that rezoning. McCord pointed out that the request
now is the same as that which was allowed in the first Bill of Assurance
granted by the Board. McCord stated, if the Board wishes to approve
the request, the appropriate action would be the passage of a resolution
to modify the Bill of Assurance to limit the use of the property to
carry -out pizza delivery.
110.4 Director Bumpass made a motion to approve the Bill of Assurance to
limit the use of the property to carry -out pizza delivery.
110.5 Director Hess pointed out that, each time the business changes, the
Bill of Assurance would have to be modified again. Hess stated he
did not object to the C-2 zoning and commented that the building itself
will limit the type of business which can operate. Hess noted that
the access problems are numerous on both sides of the street in that
area.
110.6 Director Lancaster commented that if the zoning is to remain "permanent
C-2", it should go back through the Planning Commission.
110.7 Director Martin seconded the motion, stating it would be expeditious
to allow the business to operate as was previously approved. Martin
agreed that "permanent" C-2 zoning should be reviewed by the Planning
Commission.
110.8 Upon roll call, the motion passed, 7-0.
INTERIM SLUDGE DISPOSAL
110.9 Mayor Noland introduced discussion of a recommendation from Utility
Engineer/Director Don Bunn concerning new requirements for sludge
disposal at the pollution control plant.
110.10 Mayor Noland reported that the city has received notice from Bob Blanz,
Deputy Director for Program Operations for the Department of Pollution
Control and Ecology, that the city may no longer bury sludge on the
site of the sewage treatment plant facility. Noland explained that
Bunn has recommended a timetable in which the city would negotiate
1
April 16, 1985
a hauling and landfill contract with a landfill operator by May 15,
1985; would install an interim belt filter press by June 1, 1985;
and would complete permanent filter press installation between August
1 and October 1, 1985. Noland reported that DPCE has given the city
until June 15, 1985 to achieve lawful sludge disposal. Noland stated
the total cost of the project will he in excess of $1 million.
Vernon Rowe, Engineer with McClelland Consulting Engineers, explained
that the costs quoted in Don Bunn's memorandum are operation maintenance
costs, not capital costs.
Don Bunn asked that the Board give authorization to ask for proposals
from landfill operators. Noland asked Bunn how the city could ascertain
that either of the landfill operators are acceptable to the DPCE.
Bunn explained that it was possible that either one of the landfill
operators might meet DPCE approval but that the staff would obtain
clarification on that matter.
In answer to a question from Director Lancaster, Rowe explained that,
if the city were to apply for a permit to dispose of sludge on city
property, approval of the site as a landfill would be questionable
because of proximity to the river and to residential dwellings. The
Mayor reported that, in discussions with Don Bunn, he learned that
the city's present plant was initially issued a permit by the State
Health Department, that the DPCE was not in the business of issuing
permits at that time. Rowe explained that two years ago an administrative
order required the city to apply for a new State discharge permit,
and during the application process the city was advised to include
in their application that sludge would be disposed of in the same
manner that it had been in the past; that the issue would be ,dealt
with at some future point.
Vernon Rowe introduced Dennis Sandretto, Project Construction Manager
for CH2M Hill.
REZONING/COLLEGE AVE & FIFTEENTH ST.
Mayor Noland introduced an ordinance, at the request of the City of
Fayetteville, to rezone approximately ten acres located at the southeast
corner of College Avenue and 15th Street from R-2, Medium Density
Residential, to A-1, Agricultural district.
The City Attorney pointed out that this was an effort to permit the
location of a mobile home within the city and, since the City Code
requires a minimum of three acres of A-1 zoned property for placement
of a mobile home, he suggested that the same end could be achieved
by rezoning only three of the ten acres. With this suggestion being
acceptable to the Board, the City Attorney read the ordinance for
the first time. Director Bumpass, seconded by Johnson, made a motion
111
111.2
111.3
111.4
111 5
111.6
112.1
April 16, 1985
to suspend the rules and place the ordinance on second reading. Upon
roll call, the motion passed, 7-0. The City Attorney read the ordinance
fur the second time. Director Bumpass, seconded by Johnson, made
a motion to further suspend the rules and place the ordinance on third
and final reading. Upon roll call, the motion passed, 7-0. The ordinance
was read for the final time.
112.2 Mayor Noland asked if anyone in the audience wished to speak against
the ordinance. No public opposition was expressed.
112.3 Director Martin asked if the proper procedure would have been for
the Planning Commission to consider the proposed rezoning in a public
hearing. The City Attorney explained that any of three procedures
may be followed to initiate a rezoning: (1) by petition of the property
owner; (2) on initiation of the Planning Commission; or (3) on initiation
of the Board of Directors. McCord further explained that the Board,
when it initiates a rezoning, can refer it to the Planning Commission
or can rezone the property without the Planning Commission holding
a public hearing. Martin commented that he did not object to this
particular rezoning but cautioned that a precedent not be set for
people to come directly to the Board with rezoning requests. Mayor
Noland concurred with Martin's comments, but stated he had no objection
in this case because it involved "down zoning" to A-1.
112.4 Director Bumpass pointed out that, in this case, the mobile home would
not detract from the neighborhood because it is almost surrounded
by other mobile homes. Bumpass pointed out also that the mobile home
would be temporary.
112.5 Director Johnson stated she would like to see the Planning Commission
review the matter so that some other method can be used in instances
such as this one other than rezoning property to A-1.
112.6 Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3084 APPEARS ON PAGE
BOOK XXI
OF ORDINANCE AND RESOLUTION
LEASE AGREEMENT/ATLANTIC SOUTHEAST AIRLINES
112.7 Mayor Noland introduced consideration of a proposed terminal space
lease agreement with Atlantic Southeast Airlines, Inc., to commence
on May 1, 1985 and end on December 3 1996.
112.8 Director Lancaster pointed out that this lease would be binding for
three years.
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Director Johnson, seconded by
space lease agreement with
call, the motion passed, 7-0.
RESOLUTION NO. 43-85 APPEARS
BOOK XX
OTHER BUSINESS
April 16, 1985
Hess, made a motion to approve the terminal
Atlantic Southeast Airlines. Upon roll
ON PAGE 15 3 OF ORDINANCE & RESOLUTION
SWIMMING POOL FEES
Noland introduced consideration of a recommendation by the Parks staff
for approval of 1985 swimming pool fees. The City Attorney advised
that the passage of an ordinance would be in order.
The City Attorney read an ordinance for the first time. Director
Bumpass, seconded by Johnson, made a motion to suspend the rules and
place the ordinance on 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 third and final reading. Upon roll
call, the motion passed, 7-0. The ordinance was read for the third
and final time.
In answer to a question from Director Martin, Parks Director Dale
C1ark.stated he did not think the increase in fees would cause a reduction
in usage. Clark noted that a study performed by the State Extension
Service in 1983 shows the city's proposed rates for 1985 to be in
line with that study.
Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO. 3085 APPEARS ON PAGE 5/ OF ORDINANCE & RESOLUTION
BOOK XX
In reference to a parks land donation of 8.8 acres by developer Bryce
Davis, Director Hess asked if there were any plans for a pool in that
area. Clark responded that there had been no discussion by the Parks
Board regarding a pool, but that the area would be eligible for a
swimming pool should the city decide to build an additional pool.
SIGN FOR "SPRING FEVER FARM"
The Mayor introduced the matter of a free-standing sign located at
Highway 112 North and Cris Hollow Road. The Mayor explained that
the sign was installed on the north side of the road, contrary to
a variance granted on May 15, 1984 to allow the installation on the
south side of Highway 112.
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113.1
113.2
113.3
113.4
113.5
113.6
113.7
April 16, 1985
114.1 Jordan explained that, at the time the Board approved his request
to install a sign on the south side of the road, he had the permission
of the owner of the property where the sign was to be located. Jordan
explained that he thought two or three of the Directors, when the
appeal was considered, felt the sign should be visible and that trees
should not be cut down. Jordan explained that, subsequent to the
time the variance was granted, Suzie Wong's Restaurant sign was removed
and the property owner on the north side of the road gave him a signed
statement expressing her approval of the sign and its location on
the north side of the road. Jordan stated he thought the sign would
be more visible on the north side of the road, and no trees would
need to be cut. Jordan stated he thought it was the Board's sentiment
that, if it met with the approval of the land owner involved, it was
okay with the Board. Jordan also explained that he was totally unaware
he needed a sign permit until Sign Inspector Jay Pense contacted him
a few weeks ago. Jordan added that the Board, at the time they granted
his variance, had discussed the need for an ordinance to permit certain
signs in agricultural areas.
114.2 Director Lancaster expressed some concern about the fact that the
city had granted a variance to Jordan when his farm is located outside
the city limits Jordan explained that, although the farm is outside
the city limits, the sign location is in the city limits. Director
Martin commented that it seemed to be an honest mistake and that,
in fact, the city should have been responsible for knowing whether
or not a sign permit had been obtained.
114.3 Director Martin, seconded by Orton, made a motion to approve a variance
for the sign in its present location, subject to Jordan's receipt
of a sign permit. Upon roll call, the motion passed, 7-0.
BRENNAN-BOYD COSTS
114.4 Mayor Noland asked the City Manager for his recommendation concerning
an invoice from Brennan -Boyd Construction Company for $3,335.19 for
load testing the upper deck of the city parking garage.
114.5 Grimes recommended the invoice be paid and he commented that Brennan -Boyd
did everything they could to help the city work out the problem.
114.6 Director Martin, seconded by Hess, made a motion to approve payment.
Upon roll call, the motion passed, 7-0.
DONATIONS FOR NEW CITY PARKING LOT
114.7 Mayor Noland expressed appreciation to Contractor Jerry Sweetser who
obtained donations totaling $1500 from material suppliers, to be used
for the new Wilson Park parking lot.
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April 16, 1985
COMMUNITY ACCESS CONFERENCE
Director Orton reported that a regional meeting for Community Access
Centers will be held in Fayetteville on Friday and Saturday, April
26 and 27. Orton pointed out that special workshops will be conducted
including workshops for educators on teaching with television. Orton
urged all those interested to attend.
FINANCE COMMITTEE MEETING
115
115.1
A Finance Committee meeting was scheduled for Thursday, April 18 at 115.2
3:30 P.M. to consider the issue of Police and Fire holiday pay.
TRAFFIC COUNT/TOWNSHIP AND GREGG
Director Hess asked the City Manager to provide a traffic count for
the intersection of Township and Gregg, to determine whether a traffic
light is warranted at that location. Grimes noted that since major
construction is planned at that location next month, it would be better
to conduct a traffic count two or three months after the construction
is completed.
POLICE AND FIRE COMMITTEE MEETING
A Police and Fire Committee meeting was scheduled for Tuesday, April
23 at 9:00 A.M. to consider a request by certain members of the Fire
Department to look at staffing at the sub -stations, and to consider
bids for raising the roof at the Police Station.
115.3
115.4
BOARD OF ADJUSTMENT APPOINTMENTS
Director Johnson, reporting for the Nominating Committee, recommended 115.5
the following appointments to the Board of Adjustment:
Dennis Becker For a term ending April 1, 1987
Jerry Allred For a term ending April 1, 1990
Gerald Boyd For a term ending April 1, 1990
Director Johnson, seconded by }less, made a motion to approve the recom- 115.6
mendations of the Nominating Committee.
Director Hess asked if there was a procedure for discussing the possible 115.7
reduction in the length of terms (for the future) on the Board of
Adjustment. The City Attorney explained there is no State statute
prescribing a minimum term, but that local ordinance provides for
a five-year term which can be amended by the Board of Directors.
Director Lancaster recommended the Board review this matter with the 115.8
intent of changing the minimum term.
April 16, 1985
116.1 Upon roll call, the motion to approve the appointments passed, 7-0.
CHIEF MOTEL LAWSUIT
116.2 City Attorney McCord reported that, after discussing possible settlement
of the city's pending lawsuit against the Chief Motel with the property
owner's attorney, it is his opinion that the case could be settled
at a substantial savings under the following circumstances: (1) that
the existing sign be removed at the city's expense (estimated to be
$200-$300); and (2) that the property owner be permitted to install
a new free-standing sign with minor variances: a maximum ten -foot
variance on display surface area (allowing up to 20 square feet);
and a maximum four square -foot variance from the setback requirements
(allowing an 11 foot setback from the right-of-way). McCord noted
the requirements are a maximum of ten square feet of display surface
area at a 15 -foot setback. McCord reported that, in visiting the
site with the owner's attorney, he learned there is a large tree to
the south, on adjacent property, which substantially impedes vision.
McCord stated, if the case goes to trial, the city has a good chance
of prevailing, but this could cost another $1,000 in litigation costs.
McCord added that the attorney for the property owner thinks there
is a good chance the owner may agree to the proposed settlement.
116.3 Director Lancaster, seconded by Orton, made a motion that the city
agree to the proposed settlement, contingent upon removal costs being
no more than $300. Upon -roll call, the motion passed, 6-1, with Johnson
voting against the motion.
MINUTES
116.4 The minutes of the April 2, 1985 meeting were approved with the following
corrections:
79.2 On line 14, change "impede" to "impact"
81.4 On line 3, change "he" to "him"
87.3 Change "6-1-0" to "6-0-1"
and
88.2
ADJOURNMENT
116.5 With no further business before the Board, the meeting was adjourned
at about 10:04 P.M.
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