HomeMy WebLinkAbout1987-04-21 Minutes1
MINUTES OF A MEETING OF THE CITY BOARD OF DIRECTORS
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A regular meeting of the Fayetteville City Board of Directors
was held on Tuesday, April 21, 1987 at 7:30 p.m. in the
Directors' Room of City Hall, 113 West Mountain Street,
Fayetteville, Arkansas.
PRESENT: Mayor Johnson; Directors Hess, Bumpass, Lancaster,
Martin, Kelley and Marinoni; City Manager Grimes,
City Attorney McCord, City Clerk Kennedy,
Department Directors Burch, Coates and Linebaugh;
members of the press and audience
CALL TO ORDER
11?
The meeting was called to order by the Mayor, with seven 107.1
Directors present. The Mayor asked for a moment of respectful
silence.
CD FUNDS
The Mayor introduced consideration by the Board of uses for an 107.2
additional $55,000 in Community Development Block Grant funds.
The Mayor noted a public hearing was held at the last Board
meeting to receive input from citizens as to uses for the
additional funds. She said the Directors had'prioritized
requests, and based on those priorities, the staff had
recommended funding the Sang Senior Center, the Project for
Victims of Family Violence, and Helen and Lee fire protection.
Director Hess moved that $7,000 be cut from $40,000 for Helen 107.3
and Lee fire protection and allow it to go to Abilities
Unlimited for the loading dock cover they requested. Director
Martin seconded the motion.
At the suggestion of Director Bumpass, it was decided to make 107.4
the Abilities Unlimited project the third priority, with the
funding proposed as follows:
Sang Senior Center Addition
Project for Victims of Family Violence
Abilities Unlimited Loading Dock
Helen and Lee Fire Protection
$10,000
5,138
7,000
32,862
In answer to a question from Director Marinoni, Planning 107.5
Director Carlisle explained the Helen and Lee project would be
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108.1 let for bids. She told the Board
in the 1987 budget.
108.2 Upon roll call, the motion passed,
April 21, 1987
there were no contingencies
7-0.
REZONING
108.3 The Mayor introduced an ordinance rezoning 1.34 acres south of
Huntsville Road approximately 1300 feet west of Sherman Avenue,
from R-1 "Low Density Residential" to A-1 "Agricultural",
submitted by Mr. and Mrs. Arlis Wages. The Mayor reported the
Planning Commission recommended approval by a vote of 7-0.
108.4 The City Attorney read the ordinance for the first time.
Director Bumpass, seconded by Martin, made a motion to suspend
the rules and place the ordinance on its second reading. Upon
roll call, the motion passed, 7-0. The ordinance was read for
the second time. Director Bumpass, seconded by Martin, made a
motion to further suspend the rules and place the ordinance on
its third and final reading. Upon roll call, the motion
passed, 7-0. The ordinance was read for the third time.
108.5 In answer to a question from Director Hess, the City Attorney
explained that rezoning was the only way the Wages would be
permitted to have a mobile home on the property.
108.6 Director Marinoni suggested a "life estate" arrangement be made
for Mrs. Wages, allowing her to keep the second mobile home on
the property for the duration of the life of her mother, so
that she can take care of her mother. The City Attorney said
this could be done, explaining the existing ordinance requires
an annual permit for a mobile home, that when the second mobile
home is no longer needed, the renewal permit would not be
issued. He said he didn't think a written document would be
necessary, but the minutes should reflect the intent of the
Board.
108.7 Former Planning Commissioner Melanie Stockdell addressed the
Board. Stockdell told the Board that in 1984 the Planning
Commission formed a subcommittee on housing for the elderly,
with the committee consisting of herself, former Commissioner
David Williams and the late Barbara Crook. She said the
committee's work was to clarify the ordinance for people in
situations similar to that of the Wages. She said the
committee drafted a proposed amendment to the existing
ordinance, but with the death of Barbara Crook, and with she
and Williams leaving the Commission, the project was never
taken back to the Planning Commission. Stockdell encouraged
the Board to accept the Planning Commission's recommendation on
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April 21, 1987
the rezoning and encouraged them to instruct the Commission to
complete the work on accessory residential structures.
Planning Director Carlisle told the Board the Planning
Commission's Update Committee has discussed this issue and work
is in process. The Mayor suggested Stockdell be invited to
attend the Update Committee's next meeting.
The Mayor asked if anyone wished to speak in opposition to the
rezoning. No public comments were expressed. Upon roll call,
the ordinance passed, 7-0.
ORDINANCE NO.326C . APPEARS ON PAGE /SIr) OF ORDINANCE AND
RESOLUTION BOOK X</V
Director Marinoni moved that the permit for the second mobile
home be left on an annual renewal that would terminate with
Mrs. Meadows, that it would be to accommodate her daughter,
Mrs. Wages, only for the purpose of tending to her mother, and
would be renewable each year. The motion was seconded by
Director Bumpass. Upon roll call, the motion passed, 7-0.
REZONING
The Mayor introduced an ordinance rezoning .23 acre owned by
Jerry Sweetser at 1710 N. Leverett, from R-2 "Medium Density
Residential" to C-1 "Neighborhood Commercial". The Mayor
reported the Planning Commission recommended approval by a vote
of 7-0.
The City Attorney read the ordinance for the first time.
Director Martin, seconded by Marinoni, made a motion to suspend
the rules and place the ordinance on its second reading. Upon
roll call, the motion passed, 7-0. The ordinance was read for
the second time. Director Martin, seconded by Marinoni, made a
motion to further suspend the rules and place the ordinance on
its third and final reading. Upon roll call, the motion
passed, 7-0. The ordinance was read for the third time. The
Mayor asked if anyone wished to speak in opposition to the
ordinance. .No public comment was expressed.
Director Kelley said he would abstain from voting on the
ordinance because he is an employee of a bank.
Mayor Johnson said she had concerns about rezoning the property
since it was not recommended by the Planning Consultant. She
noted that, if the staff intends to recommend the Planning
Commission consider allowing bank teller machines as a
conditional use in R-2 and R-3 zones, it may be premature for
the Board to rezone this property C-1.
109.1
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109.6
109.7
110
110.1
The City
the Bill
machine.
the Bill
April 21, 1987
Attorney asked if the petitioner offered to execute
of Assurance to limit the use to the bank teller
Petitioner Jerry Sweetser said he voluntarily offered
of Assurance.
110.2 In answer to a question from Director Hess, the City Attorney
explained that the property would not revert back to its
original zoning if it were rezoned now and at a later date the
Planning Commission approves bank teller machines as a
conditional use. He further explained that if the Planning
Commission were to recommend an amendment to the ordinance it
would require the publication of a notice 15 days in advance of
their meeting. He added that the Board could amend the
ordinance without a recommendation from the Planning
Commission.
110.3 Sweetser said he would prefer not to delay the process,
commenting that whether the property is rezoned or a
conditional use is allowed, the end result would be the same.
Sweetser said he thought "neighborhood commercial" zoning
should be in neighborhoods where it can serve the people.
110.4 The City Attorney said it was his opinion that the execution of
the Bill of Assurance would not set a precedent for "strip"
commercial zoning in that area.
110.5 Director Martin said he found the rezoning relatively benign in
terms of the danger of opening up that area to undesirable
development other than what's there.
110.6 Director Bumpass said he still had concerns about rezoning the
property commercial at this point even though it would be for a
rather innocuous use.
110.7 Director Lancaster said he believed Sweetser's offer of a Bill
of Assurance was the same as going back to the Planning
Commission for approval of a conditional use.
110.8 The City Attorney explained that, if the bank teller were ever
discontinued, the City could always rezone the property again
to its former zoning classification.
110.9 Director Marinoni said he feared the rezoning would start a
precedent for approving rezonings for other property nearby.
Director Martin pointed out the Board, in other cases, had
denied similar zoning requests for property on opposite
corners.
110.10 City Manager Grimes suggested that if the Board wishes to
rezone the property, they do so, and if the Planning Commission
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April 21, 1987
111
recommends an ordinance to allow such a conditional use in an 111.1
R-2 or R-3 zone, the Board can later rezone the property back
to R-2. The City Attorney concurred in the recommendation.
Upon roll call, the ordinance passed, 6-0-1, with Director
Kelley abstaining.
ORDINANCE NO. 3.2_54 APPEARS ON PAGE /Io 0 OF ORDINANCE
AND RESOLUTION BOOK XX/V
111.2
OPERATIONS MANAGEMENT REFUND
Gary Vaughn, representing Operations Management, Inc., 111.3
presented the City of Fayetteville with a check for $37,472.12.
Vaughn explained this check represented a reconciliation
between actual costs and the estimate for operating the old
Wastewater Treatment Plant between January 1, 1987 to March 31,
1987.
SLUDGE SITE PROJECT
Dennis Sandretto, representing CH2M
for approval of a change order
Construction Company for the sludge
request for approval of an extension
date.
Hill,,presented.__a.request
to the contract with Olson
management project; and a
of the contract completion
Sandretto explained that the five items included in the change
order would result in a net credit of $4,850.
Sandretto said the contract allows the contractor to be granted
an extension of time for "adverse abnormal weather". He said
various amounts were requested by the contractor and the
engineer recommends a 28 day extension to be reasonable. He
said this was acceptable to the contractor.
Director Hess moved approval of the resolution. Director
Marinoni seconded the motion and, upon roll call, the motion
passed, 7-0.
RESOLUTION NO. 30-9 APPEARS ON PAGE /07 OF ORDINANCE AND
RESOLUTION BOOK XXV111
EMPLOYEE ASSISTANCE PROGRAM
Mayor Johnson introduced consideration
an Employee Assistance Program for
111.5
of proposals to conduct 111.8
the next year. She
112.
April 21, 1987
112.1 explained five proposals were received, with the staff
recommending the proposal submitted by the University of
Arkansas Psychological Clinic, for a maximum fee not to exceed
$3200. The Mayor said the current budget includes that amount
for the program.
112.2 Director Bumpass moved to adopt the recommendation. The motion
was seconded by Martin and passed, 7-0.
RESOLUTION NO.* APPEARS ON PAGE /07 OF ORDINANCE AND
RESOLUTION BOOK XX011
BID WAIVER
112.3 The Mayor introduced an ordinance waiving the competitive
bidding requirements and authorization to purchase parking
meter parts for the Traffic Division.
112.4 The City Attorney read the ordinance for the first time.
Director Bumpass, seconded by Hess, made a motion to suspend
the rules and place the ordinance on its second reading. Upon
roll call, the motion passed, 7-0. The ordinance was read for
the second time. Director Bumpass, seconded by Hess, made a
motion to further suspend the rules and place the ordinance on
its third and final reading. Upon roll call, the motion
passed, 7-0. The ordinance was read for the third time.
112.5 Upon roll call, the ordinance passed, 7-0.
ORDINANCE NO.V58 APPEARS ON PAGE /G P
RESOLUTION BOOK XX ! l/
OTHER BUSINESS
BUDGET ADJUSTMENTS
OF ORDINANCE AND
112.6 Director Martin introduced requests for budget adjustments,
noting there were offsets in each case: (1) $1,136 in the
Public Works Department, Parks and Recreation Division, for a
P.A. system at the Lake Fayetteville softball complex. Martin
reported this system has been installed. (2) Phase 1 of a
taxiway overlay project at the Airport, $87,201 to be
transferred from one account to another. (3) A transfer
between Water and Sewer Self-insurance accounts to cover a
damage claim from a motorcycle accident which was approved by
the Board, in the amount of $3,000.. (4) $52,000 in the Public
Works Department, Sanitation Division, to purchase a
demonstrator Alpha cab chassis and rear packer unit, to be
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transferred from one division to another.
transferred from regular to overtime
Division. Martin noted this was simply a
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April 21, 1987
(5) $20,300 to be 113.1
account in the Fire
budget error.
Martin moved approval of the adjustments. The motion was 113.2
seconded by Director Kelley. Upon roll call, the motion
passed, 7-0.
SUBDIVISION REGULATIONS
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Director Bumpass noted he had distributed copies of subdivision 113.3
regulations for the city of Lubbock, Texas. Bumpass referred
specifically to their regulations concerning alleyways. He
also noted that City has a fully automated trash pickup system.
Bumpass suggested the Directors consider these while reviewing
Fayetteville's regulations.
PINE BLUFF INCINERATOR FIRE
Director Bumpass called the Board's attention to a newspaper 113.4
article about a fire in an incinerator in Pine Bluff.
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TREATMENT PLANT CONSTRUCTION
Director Hess noted the Wastewater Treatment Plant progress 113.5
report in the agenda indicated the contractor was behind in
payments.to subcontractors and there was a discrepancy of
$156,743 between the contractor and CH2M Hill concerning
Olson's pay request. Hess asked for the status of that money
and the City's liability.
Dennis Sandretto explained the contractor submitteda pay 113.6
request for February which was about $150,000 greater than the
engineer's estimate of the value of the work accomplished by
the contractor. Sandretto said there is a similar difference
with the March pay request. Sandretto said meetings have been
held with the contractor to discuss the differences. He said
the engineer believes its numbers are reasonable and does not
recommend payment requested by the contractor.
The City Attorney advised the contract provides payments be
made in accordance with certifications from the engineer and as
long as the City complies with those certifications the City's
risk is minimal.
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Sandretto said the contractor also believes the engineer should
consider that there is a substantial amount of retainage held
by the City. He said the.engineer has argued that retainage is
not for the purpose of paying the contractor more than he is
due.
113.7
113.8
114
April 21, 1987
114.1 The City Attorney stated he believed the City was complying
with the terms of the contract.
PARKS CONTRIBUTION
114.2 Director Hess noted that the Parks Board on March 18 voted to
recommend the Board accept money in lieu of land for Appleby
Apartments on Gregg Avenue. Hess said he was disappointed
because he hoped land could be accumulated for a park in that
area.
114.3 City Manager Grimes explained the Parks Board, realizing there
had been some controversy concerning Drake Road, did not want
to get embroiled in that controversy. Grimes said at a later
date a portion of the development may abut Drake Road and
perhaps something could be worked out with the developer, Jim
Lindsey. Grimes said funds would be held in an account for
future park development.
114.4 In answer to a question from Director Marinoni, the City
Attorney explained the ordinance provides that if a developer
offers to dedicate land, the land must be approved by the City
Board in accordance with recommendations from the Parks and
Recreation Advisory Board and the Planning Commission. He
said if the developer does not offer land but complies with the
cash in lieu of dedication, it never reaches the City Board.
RESOURCE RECOVERY AUTHORITY MEETING
114.5 Mayor Johnson said Louis Watts had suggested a meeting of the
Northwest Arkansas Resource Recovery Authority be held on April
29 in the early afternoon, following Board committee meetings.
Because of the heavy agenda for that day, it was decided
instead to set the Authority meeting for Thursday, April 30 at
8:30 a.m.
CEILING REPAIRS AT PUBLIC LIBRARY
114.6 Mayor Johnson said she had written a memo to Public Works
Director Deryl Burch regarding repairs at the Public Library.
Johnson said the Board had a copy of a response from City
Engineer Don Bunn as to the timetable for that work to be done.
NOTICE OF INTENT TO TRAVEL
114.7 Mayor Johnson said she had sent Directors a notice of intent to
travel to the Municipal League Workers' Compensation Trust
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April 21, 1987
meeting tomorrow, and another meeting in Little Rock on the 115.1
expansion of Municipal League headquarters. Johnson said there
would.be no expense to the City for either of these trips.
BOARD COMMITTEE MEETINGS
It was announced that on Wednesday, April 29, the following 115.2
Board committee meetings would be held beginning at 8:30 a.m.:
(1) Public Works Committee; (2) Personnel Committee; and (3)
Finance Committee.
FIVE YEAR GOALS AND OBJECTIVES REVIEW
Mayor Johnson asked that the Board set a date to review Five 115.3
Year Goals and Objectives. It was decided this would be done
on April 30 following the Resource Recovery Authority meeting.
CITY MANAGER RESIGNATION
City Manager Don Grimes distributed copies. of a letter of
resignation to Directors and members of the press. He read the
letter to the Board, the text of which follows:
Honorable Mayor and City Directors,
I hereby submit my resignation as City Manager of
Fayetteville. If it is acceptable to you, I ask that this
resignation be effective 90 days from today's date which
will be July 20, 1987. This will give me time to find
other employment and will give the City time to employ a
new City Manager.
I have been considering this for several months and feel
it is in the best interest of the City and myself to get
out of city management. I have been a city manager for
27 years and it is time for me to make a change..
Fayetteville is a beautiful city, full of wonderful
people. I love this community and feel it deserves the
very best. I sincerely thank the Directors and the
citizens of Fayetteville for all you have done for me
during my 15 years as City Manager.
Respectfully, Donald L. Grimes
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115.9
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April 21, 1987
116.1 Mayor Johnson thanked Grimes for the service he gave to the
City. She said she thought Grimes probably led the City
through a great deal of progress and change, and ups and downs.
She said the Board wished him the best and hoped he would be
available to them any time after this. She said if the Board
could be of any help to him, he should not hesitate to call on
them.
MINUTES
116.2 The minutes of the special meeting of March 31, 1987 were
approved with the following correction:
86.6 Change "majority" to "super majority"
The minutes of the regular meeting of April 7, 1987 were
approved as distributed.
NOISE VARIANCE REQUEST
116.3 A citizen approached the Board and explained an application was
submitted to Public Safety Director Marty Coates by a group
called "Rock Against Racism" for a variance from the noise
ordinance, for a free speech activity in Wilson Park on April
26. The citizen said no response has been received from Coates
and he wished to appeal to the City Board.
116.4 In answer to a question from the Mayor, the citizen explained
the activity on April 26 would consist of speakers, displays,
readings, music, literature, skits, dancing and other cultural
activities harmonious with the theme of freedom and justice
from Central America to Southern Africa. He said the request
was for a "blanket unlimited" variance from the noise ordinance
from noon to dusk.
116.5 In answer to a question from Director Bumpass as to what has
been done in the past, City Manager Grimes said variances have
been granted but with limits on decibels of noise. Grimes
commented that the park was completely surrounded by a
residential area and the staff did not feel an unlimited
variance would set well with the community.
116.6 Director Bumpass suggested a variance be granted for the same
level of decibels granted for the Symphony in the Park, until
dusk.
116.7 Public Safety Director Coates said there was a requirement that
there be a responsible person to contact and the applicant was
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April 21, 1987
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unable to provide a name or telephone number. Coates said the 117.1
staff would have no problem granting the same decibel level
used by the Symphony, which he thought was for 85 decibels, but
asks for the name of a contact person who will be present at
the site of the activity. The citizen said the reason he was
unwilling to give a name and telephone number was because in
the past this had been done and the contact person was harassed
by City police officers who came to her home prior to the
event. The citizen said there would be responsible persons
present at the scene of the event.
Director Martin commented that- parents and their children use 117.2
the park. He said a request for an unlimited variance with no
person willing to be responsible leads him to believe that from
noon to dusk the park could be filled with a level of
objectionable noise that could force some citizens out of the
park.
The citizen said he could not at this time give the names of 117.3
the responsible persons who would be present at the event.
The City Attorney quoted from the ordinance which provides that
"in issuing a variance permit the City Manager may impose
reasonable conditions or requirements .necessary to minimize
adverse effects upon the surrounding neighborhood..."
Director Bumpass asked the citizen if he would be willing to 117.5
act as the responsible party at the event. The citizen said he
did not have the authority to do that without consulting his
working group.
Director Lancaster moved to not permit anything different for
this group than was permitted for the Symphony group. The
motion was seconded by Director Marinoni.
117.4
The City Manager said the Symphony group provided a name of a
responsible person.
Grimes told the citizen that he thought 85 decibels had been
permitted for the Symphony group but pointed out that they were
permitted to exceed that amount only for brief periods of time.
Grimes said the Symphony group specified the hours of the event
on its application.
The City Attorney said he understood the motion was to instruct
the staff to permit as a variance the same variance that was
granted the Symphony.
117.6
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April 21, 1987
118.1 In answer to a question from Coates, Director Lancaster said
the intent of his motion was that there be a person designated
as the responsible party.
118.2 Upon roll call, the motion passed, 7-0.
SPECIAL BOARD MEETING
118.3 The Mayor asked that a special Board meeting be scheduled for
8:30 a.m. on Friday, April 24, to discuss the City Manager's
resignation.
ADJOURNMENT
118.4 There being no further business, the meeting adjourned at about
8:55 p.m.
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