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HomeMy WebLinkAbout1986-02-04 Minutes• MINUTES OF.A MEETING OF THE FAYETTEVILLE BOARD OF DIRECTORS A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, February 4, A986 at 7:30 P.M. in the Directors' Room of City Hall, 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Directors Hess, Johnson,Lancaster, Martin and Orton; Acting City Manager Murphy, Acting Department Heads Bunn, Jackson, and Linebaugh, City Attorney McCord, City Clerk Kennedy, members of the press and audience ABSENT: Mayor Noland, Director Bumpass CALL TO ORDER In the absence of Mayor Noland, Assistant Mayor Johnson called the meeting to order and asked for a moment of respectful silence. Five Directors were present. CITY MANAGER'S REPORT Johnson introduced a "report to the public and the City Board by the City Manager", the. first item on the agenda at the first Board meeting of each month. Acting City Manager Jim Murphy reported that supervisor training sessions for employees are concluding this month. He reported that attendance had been good,' the sessions had been constructive, and some sessions had been taped for future use. Reporting on the 800 Radio Communications System, Murphy noted the antenna has been installed and consoles are being installed in the Police Department. Murphy remarked that there had been some delays in delivery of some of the equipment. Murphy also reported that, since it was discovered a "talk around" feature had not been included in the software in this system, Motorola has since apologized for the oversight and now plans to include this feature. Murphy reported that Revenue Sharing will be approximately $72,000 less than originally anticipated. Murphy explained that .a safety report has just been developed and will be furnished .monthly to the Board of Directors. He explained the report will .include such information as total medical injuries on-the-job, and accumulated totals since the time of the City's partici- pation in a program with the Arkansas Municipal League. Murphy remarked that a very stringent safety program is needed and will be developed 37 37.1 37.2 37.3 37.4 37.5 37.6 37.7 ta February 4, 1986 38.1 within each department. Murphy reported that, from July of 1985 to present, there were 42 medical injuries, 54 days lost, and $9,920.92 in medical expenses have been paid by the Municipal League. 38.2 Murphy expressed appreciation to Don Bunn, Mickey Jackson and Scott Linebaugh who have served in a temporary capacity for the last month and half as department heads for Public Works, Public Safety and Adminis- trative Services. 38.3 Murphy announced the selection of M. L. "Marty" Coates as Public Safety Director. Murphy explained that Coates has a degree in Police Science, has seven years of law enforcement experience, and is presently the Safety and Training Director for the Metropolitan Transit Authority in Tulsa. Murphy announced the selection of Deryl W. Burch as Public Works Director. Murphy stated Burch is currently the Marion County Engineer in Marion, Kansas and a former member of the U.S. Marine Corps. For Administrative Services Director, Murphy announced the selection of Scott Linebaugh, City of Fayetteville Finance Director for the past seven years, graduate of the University of Alabama, and formerly employed by the accounting firm of Russell -Brown (now Arthur Young and Company). 38.4 Murphy noted that the three department heads would be introduced to the Board and available for a press conference at the February 18 Board meeting. Murphy reported Coates and Burch would begin their employment on February 24. 38.5 Johnson expressed appreciation, on behalf of the Board, to Bunn, Jackson and Linebaugh for their work in assisting with the start of the reorgani- zation. C.D. BUDGET REVISION 38.6 The Board considered a request from the Community Development and Planning Director for a revision to the 1986 CDBG Budget, due to a reduction in the city's anticipated 1986 grant, from $402,000 to $348,740. Johnson explained the staff recommends the transfer of $64,301.90 in surplus funds from past years to the 1986 budget. 38.7 Director Orton, seconded by Martin, made a motion to approve the request. Upon roll call, the motion passed, 5-0, with Bumpass and Noland absent. RESOLUTION NO. 20-86 APPEARS ON PAGE 283 OF ORDINANCE (5 RESOLUTION BOOK )(XIII February 4, 1986 BED & BREAKFAST FACILITIES The Board considered an ordinance which would amend Article 7 of Appendix A to the Fayetteville Code of Ordinances to regulate "Bed and Breakfast" facilities. Johnson explained that a subcommittee was formed by the City Planning Commission to study several requests from citizens for an ordinance which would allow a "Bed and Breakfast" facility as a temporary conditional use in all zoning districts. Johnson reported the Planning Commission held three public hearings and a final draft of the ordinance was recommended for approval, by a vote of 9-0, on January 27. The City Attorney read the ordinance for the first time. Director Orton, seconded by Martin, made a motion to suspend the rules and place the ordinance on second reading. Upon roll call, the motion passed, 5-0. The ordinance was read by the City Attorney for the second .time. Director Hess, seconded by Martin, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The City Attorney read the ordinance for the third time In answer to a question from Director Lancaster, the City Attorney responded that the proposed ordinance would require that neighbors within 500 feet of the property in .question must be notified before a conditional use permit can be issued, with the Planning Commission making the decision on whether to issue a permit In answer to a question from Director Hess, the City Attorney stated the only process for appeal from a decision to deny a conditional use permit is through the Circuit Court. Director Johnson questioned whether the provision in the ordinance requiring inspections was intended to mean annual inspections would be required. The City Attorney responded that his interpretation of that provision was that an inspection would be required only for the initial conditional use permit to be issued and then, if an additional permit is required, an additional inspection would be required. Director Johnson suggested there be a requirement for an inspection to be done every three or five years. Fire Chief Mickey Jackson stated it would be the City Fire Department's practice to inspect such facilities annually. Director Martin suggested there be an amendment to the ordinance to require an annual inspection prior to the reissuance of. a permit After further discussion, the City Attorney advised the appropriate amendment would be to add at the end of subsection (a) of Section 2, "subject to the inspection requirements prescribed by subsection (h) below. 39 39.1 39.2 39.3 39.4 39.5 39.6 t v 40.1 40.2 February 4, 1986 Director Martin, seconded by Lancaster, made a motion to approve the amendment as worded by the City Attorney. In answer to a question from the audience, Fire Chief Jackson explained that the Fayetteville Fire Code and Building Code are publications of the Southern Building Code Congress; that occupancies are divided into various classifications, one of which is "residential occupancies" and which includes all occupancies used for residential purposes, and under which "Bed and Breakfast" facilities would be included. In response to another question from the audience, Jackson stated that Bed and Breakfast facilities would not be required to have one- hour -rated fire walls between each room. Jackson added there would be other requirements such as smoke detectors and a fire extinguisher in the kitchen. 40.3 There was some discussion regarding subsection (g) of Section 2 which states "No parties or receptions shall be allowed at a bed and breakfast facility." C.D. and Planning Director Carlisle explained the intent of this subsection was to keep peace and quiet in residential areas. The City Attorney commented that, if the concern is noise, the City's noise ordinance would be applicable. He added that, in his opinion, subsection (g) was "overly broad" and if ever challenged, could be struck down. In answer to a question from Director Orton, Carlisle remarked that the intent of subsection (g) was that it apply only to paying visitors, not to the permanent residents of such facilities. 40.4 40.5 40.6 Upon roll call the motion to mend the ordinance passed, 5-0. Johnson asked if anyone in the audience wished to comment regarding the ordinance. No public comment was expressed. Upon roll call, the ordinance passed, 5-0. ORDINANCE NO. 3165 APPEARS ON PAGE 492 OF ORDINANCE & RESOLUTION BOOK XXIII FOURTH LOT SPLIT/3107 N. COLLEGE The Board considered a request from Mary Bassett for a waiver of the subdivision regulations, for a fourth lot split, for property located at 3107 North College Avenue. Johnson explained that the City's sub- division regulations provide that the Planning Commission can grant up to three lot splits but subsequent ones require City Board approval. Johnson reported that the Planning Commission, at its January 27 meeting, recommended approval of the request for a fourth lot split, by a vote of 6-2-1, with Robertson and Farrish abstaining and Skwiot voting "nays. February 4, 1986 Director Orton stated she thought this was an example of property which should have been developed as a "large scale development" rather than having been split several times. Ervan Wimberly, speaking on behalf of the request, explained that a large scale development had been processed at the time the original tract was created, but the property was never developed at that time. Orton pointed out that the last time the Board considered a request for a fourth lot split, the establishment of some criteria to use in considering such requests was discussed by the Board. Wimberly told the Board that about four years property was under the impression the fourth occurred but, when the buyer tried to sell the the split had never been approved. Wimberly meantime, a third lot split was approved. ago the buyer of this lot split had already property, he discovered explained that, in the Director Hess commented that, if the property owner is not trying to circumvent the large scale development process, he wondered if the Board had any legal recourse but to grant the request. The City Attorney stated, if the property was split but the split was not approved by the city, there is case law to the effect that, if a good faith purchaser has not attempted to circumvent land development regulations, the city's recourse is against the seller and not the purchaser; and that the city could not withhold a building permit from a good faith purchaser. Lt was clarified that a 25' easement north of the King Pizza property had been deeded to the property.. owner to ensure ingress and egress to the property. In answer to a question from Director Lancaster as to whether the loss of the 25 feet from the King Pizza property would leave King Pizza with a non -conforming parking lot, Wimberly replied that King Pizza would be left with adequate parking spaces. Director Martin stated he didn't think there would be disadvantage to the King Pizza parking lot and remarked request was not granted, he didn't know what other use be for the property. a tremendous that, if the there could Director Martin, seconded by Hess, made a motion to approve the lot split. Upon roll call, the motion passed, 4-1, with Orton voting in the minority. Director Orton expressed hopes that, before any additional requests for lot splits are heard by the Board, some criteria be developed regarding these. requests. '11 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 February 4, 1986 FINANCE COMMITTEE REPORT 42.1 Director Martin, Chairman of the Board Finance Committee, reported on that committee's meeting of January 31, 1986. Martin reported that all seven directors were present to consider a recommendation for approval of the 1986 Municipal Court budget. Martin explained that, when the budget was first considered in December, there was some concern regarding the Court's collections of fines and the efficiency of its administration. Martin reported that, at that time, the Board approved a one-month extension of the Court's 1985 budget, until such time as a meeting could be held with the Municipal Judge on January 31, 1986. 42.2 42.3 42.4 42.5 Martin reported that at the meeting Judge Williams expressed disappointment that a Court Administrator, to be under his direct supervision, was not proposed to be budgeted by the Board of Directors. Martin reported that some Directors asked why the Judge objected to the city's Adminis- trative Services Department administering collections. Martin reported the Board had noted some improvement in collections since a new policy began in December which required that fines be paid when levied. Martin reported the Acting City Manager and the Municipal Judge reached a compromise which would provide for the Court to continue to attempt to collect fines for the first ten days after they were levied, after which they would be turned over to the Administrative Services Department, with ancillary support from the Court in terms of warrants or other necessary legal action. Martin stated there was a request from Director Johnson that the Municipal Court department be represented at City management meetings. Martin reported the Finance Committee unanimously recommended that the compromise proposal be approved by the Board, with a proviso that the monthly financial statements of the City indicate specifically what the collection success, or lack of success, might be before and after ten days, and what additional support was provided in terms of warrants. Director Martin, seconded by Orton, made a notion to approve the 1986 Municipal Court budget. Johnson pointed out there were over $100,000 in uncollected fines last year. Director Hess noted that there had been a request at the Finance Committee meeting for a monthly update of fines levied, collected, and uncollected. Upon roll call, the notion passed, 5-0. RESOLUTION NO. 21-86 APPEARS ON PAGE 285 OF ORDINANCE 6 RESOLUTION BOOK XXIII. 1 1 February 4, 1986 Director Orton, on behalf of the Street Committee, recommended approval of the sidewalk projects for 1986, and approval of the street and sidewalk budget for this year. Director Hess, seconded by Lancaster, made a motion to approve the recommendation of the Street Committee. Upon roll call, the motion passed, 5-0. AIRPORT LEASE The Board considered a resolution authorizing the Mayor and City Clerk to enter into a one-year lease with G.S.F. Management Corporation, d/b/a The Holiday Inn, for advertising display space in the Airport Terminal Building, at a cost of $80 per month. Johnson noted this is the same lease as those entered into with other hotels for airport terminal advertising. Director Hess, seconded by Orton, made a motion to approve the lease. Upon roll call, the motion passed, 5-0. RESOLUTION NO. 22-86 APPEARS ON PAGE 294. OF ORDINANCE. & RESOLUTION BOOK XXIII BID WAIVER/CLARIFIER DRIVE ASSEMBLY The Board considered a request from the City Engineer to waive formal bidding requirements for replacement drive assembly at the city's the City Engineer recommends Company of Edmond, Oklahoma, unit at a cost of $14,996. a budget adjustment but that funds Control salary account to cover the expense. for authorization of the clarifier Pollution Control Plant. Johnson reported acceptance of a proposal from the Tresco to replace the drive unit with a rebuilt out this Johnson pointed would require are available in the Pollution The City Attorney read an ordinance for Orton, seconded by Martin, made a motion place the ordinance on its second reading. passed, 5-0. The City Attorney read the time. Director Orton, seconded by Martin, suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0. The ordinance was read for the third time. the first time. Director to suspend the rules and Upon roll call, the motion ordinance for the second made a motion to further In answer to a question from Director Hess, Don Bunn stated he did not know if there would be a warranty included with the used unit. Upon roll call, the ordinance passed, 5-0. • Iii 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 •2 February 4, 1986 ORDINANCE NO. 3166 APPEARS ON PAGE 495 OF ORDINANCE & RESOLUTION BOOK XXIII OTHER BUSINESS ORDINANCE TO LIMIT TERMS OF SERVICE 46.1 Johnson stated she wished to bring to the Board's attention a proposed ordinance which would limit terms of service on administrative or advisory boards of the City. 46.2 Director Orton pointed out that different committees have different term lengths and she commented that it might simplify matters to have all terms be for a length of four years, with the possibility of reap- pointment once, after which a person would wait two years before being allowed to be considered for reappointment. Orton added that she thought some committee members become most valuable during the third or fourth year of their term. 46.3 Johnson asked that Directors submit any suggestions regarding such an ordinance. 46.4 46.5 46.6 46.7 Director Martin asked for a report from City Manager Grimes regarding his observations at other cities, as well as input from Acting City Manager Murphy and his staff. Johnson asked that the ordinance not be placed on the next agenda, until some responses are received. LIGHT AT INTERSECTION OF TOWNSHIP & GREGG Director Hess stated that, in the past, he had requested that a traffic light be considered for the intersection of Township and Gregg, because of heavy traffic. Hess reported that a traffic count had been conducted and results show it would warrant a light. Hess asked that there be some follow-up on this matter. NOTICE TO PROPERTY OWNERS FOR A CONDITIONAL USE City Attorney McCord reported that Director Bumpass had asked him to raise the question of whether the Zoning Ordinance should be amended to require notice be sent to adjoining property owners when a conditional use permit application is filed for consideration by the Planning Commission. McCord stated a conditional use can have as much of an impact as a rezoning, since in effect it would authorize a use which is not otherwise permitted. McCord stated Bumpass' concern was that there should be notice required by publication in the newspaper and/or STREET COMMITTEE.REPORT Director Orton, Chairman of the a report of that committee's meeting the following sidewalk construction Pro sect Washington Street, 15th to 7th 4th Street, Ray St. to Happy Hollow Park Street, Trenton to Prospect Mission Street, Maple to Lafayette Lafayette, Mission to Fletcher Board Street of January 22, projects to be Priority Number 1 1 1 1 1 February 4, 1986 Committee, presented 1986. Orton reported funded in 1986: Orton reported the following sidewalk construction projects to be funded in 1987: Protect Priority Number Cleveland Street, Leverett to Garland Storer Street, Caraway to Cleveland Lunsford Street, Applebury to Carolyn; Hammond to Highway 45 Hope Street, Eastwood to existing sidewalk Halsell Road to Razorback Cleveland Street, Ashwood to Sang Hall Street, Cleveland to Wedington 6 7 8 9 10 11 12 Orton reported that several street and drainage construction'projects were all rated first priority and are budgeted for 1986, as follows: Pro iect • School Street reconstruction, Prairie to Mountain North Street turn lane, south side of North at Pollard Dickson at Hwy. 471: reconstruct radius at nw corner North & Mission Turn Lane: construct turn lane on North Street Curb and Gutter Louise Street, Forest to Park West Street, Dickson to Lafayette Briarwood Street, Peelto Overcrest Township, new street, Hwy. 265 to Township Masonic Drive, new street, Hwy. 471 to the east Drake Street, tree planting 4 t3 43.1 43.2 43.3 44 February 4, 1986 44.1 Orton reported on additional street and drainage construction projects as follows, all rated lower in priority: 44.2 Prosect Priority Number Huntsville at Willow St, rehab drainage 2 Old Wire Rd. & Old Missouri Rd., Turn Lane 3 Lake Sequoyah Bridge, expansion joint maintenance 4 Markham Road, Drainage 5 Razorback Road, 15th St. to Cato Springs, engineering only 6 City Engineer Don Bunn reported on certain federal projects in which the city shares part of the costs: Bunn reported the Old Wire Road bridge project, west of Highway 265, after being re -bid, has increased in costs. Bunn noted the city has already paid approximately $48,000, more than the city's share, even with increased costs. Bunn noted that the city will ask that this project proceed. Bunn reported the Old Missouri Road bridge project is scheduled to be bid at midyear. Bunn reported the Gregg Street project, which is half finished, will continue in the Spring, as the general contractor left the job at the onset of Winter. Bunn reported the North Street project, between the railroad tracks and Gregg, had approximately $300,000 in utility relocation costs, and the Highway Department has just completed some partial redesign of the street which eliminated some deep cuts in the first design. Bunn noted the telephone company will estimate new relocation costs, at which time the city can evaluate the costs. Reporting on signalization of intersections at Highways 265 and 16 and Highway 265 and 45, Bunn noted these projects are being re -bid and will be opened in February or March, at which time it will have to be decided whether the projects are over -budget. Bunn reported that utility relocation is presently in process at those locations. Bunn reported that the Highway 156 project, from Highway 471 east to City Lake Road, and the Poplar Street bridge project, will take place much later in the year, if at all. Bunn stated some funds were placed in the budget for City Lake Road utility relocations, in the event these can take place this year. February 4, 1986 posting of a sign on the property. McCord added that Bumpass also expressed concern about how broad the permissible conditional uses were in the R-1 District. McCord stated the notice requirement is easily remedied but that he thought it would be a more far-reaching philosophical decision as to what conditional uses should be permitted in the R-1 District. Director Oiton, seconded by Martin, made a motion to refer to the Planning Commission the matter of notification for conditional uses and the types of conditional uses permitted in an R-1 District. Director Hess, with Orton in agreement, asked that the referral include a recommendation of approval of the notification requirement. Director Orton stated she did not think publication in the legal notices of the newspaper was necessary but that she would be in favor of requiring notification of property owners within .500 feet and the posting of a sign. .Upon roll call, the motion passed, 5-0. PARKS FEE FOR CHESTNUT APARTMENTS The City Attorney .asked the Board for a policy decision regarding requiring payment of a parks fee for the developer of Chestnut Apartments. McCord explained that, in early 1984, the Board made a policy decision that the Parks Ordinance would not be applied to subdivisions platted prior to the effective date of the Ordinance (1981); that four months later, in April of 1984, the Board amended the Ordinance (upon recom- mendation of the Planning Commission) so that it would not apply to a subdivision platted between 1960 and 1981. McCord told the Board this developer had paid the first of three installments toward the parks fee, then was issued'a refund in accordance with the policy decision and, after the Ordinance was amended in April of 1984, the Planning Office sent the developer a bill for the second installment of the parks fee. McCord said that, in conversation with Acting City Manager Murphy, it was decided this Board should decide whether the developer is totallyexempt from the requirement in view of the refund which was issued, or whether the developer is subject to the Ordinance. Director Hess asked that more information regarding the property be supplied before the Board makes a decision. After some discussion, the City Attorney stated he would provide a written explanation for consideration on the next agenda. 47.1 47.2 47.3 47.4 47.5 • 47.6 47.7 47.8 4R February 4, 1986 CH2M HILL/CHANGE ORDERS 48.1 Acting City Manager Murphy reported he had met with Cliff Thompson, Vice President of CH2M Hill, and discussed the Board's concern regarding change orders for the Wastewater Treatment Plant. Murphy advised the Board that Thompson wished to meet with the Directors regarding the progress of the plant and the impact of the recent change orders. Director Johnson asked that Mike Lawrence and Don Bunn be present at that meeting. Director Martin asked that there be an explanation regarding how CH2M Hill intends to keep down the number of change orders. MINUTES 48.2 The Minutes of the January 14, 1986 meeting were approved with the following corrections and additions: 18.2 In line 5, delete "...and, in the same year,..." and substitute "before" 48.3 The Minutes of the January 21, 1986 meeting were approved with the following correction: 25.5 In line 1, change "this budget has been lowered" to "the budget revenue has been lowered" 26.4 Add "but a reasonable price for the property should be determined first." 28.5 In line 5, change "how much of the property" to "how much and which portion of the property" ADJOURNMENT 48.4 With no further business before the Board, the meeting adjourned at about 9:15 P.M. 1