Discussion of ordinance change delayed

PEA RIDGE — Dissension arose over the discussion of a second item for the special Planning Commission meeting held at April 12.

Notice of the special meeting was emailed by city Street Department superintendent Nathan See on April 8.

See emailed Planning Commission members on April 7 for the possibility of the meeting asking who could attend.

Commissioners Chris Johnson, Karen Sherman and Tony Byars said they could attend. Patrick Wheeless said he could not. Commissioners Al Fowler and Michael Wilhelm were also in attendance.

On April 11, city attorney Shane Perry emailed city officials the amended city ordinance proposed, copying the Pea Ridge Times newspaper.

The agenda listed final plat for Avalon Subdivision Phases 2 and 3.

During the special meeting April 12, See told commissioners that city employee Dustin Phy will be the field inspector for new construction.

Phy has also been introduced to the commissioners who were present at the April 4 tech review.

Phy asked the city attorney to amend a city ordinance to clarify points in the building regulations about as-builts for final plats to be sure that “everything was built as it was submitted.”

As- builts are drawings used in construction projects used to track the changes from the original building plans during construction.

See said Phy will be responsible for reviewing the as-builts and final plats and if there are changes, to discuss those changes with the city engineer.

He will be instrumental to this project making sure things are done right and making sure the city receives the right documentation.

On April 5, at the end of the monthly Planning Commission meeting, Phy presented the changes needed to “put teeth” in the ordinance and be sure the development is “done properly.”

At that time, Fowler agreed it was good to require developers to present accurate asbuilts.

Mike Nida, with the Water Department, said, “We’ve stressed this for years. It will also help us.”

Phy told city officials his experience includes having built roads in subdivisions and working for Crafton and Tull and was familiar with the process.

After planners approved the final plat during the April 12 meeting, Perry said there was a second issue to discuss and that he had notified the newspaper to comply with the Freedom of Information Act of public notice for public meetings.

City building official Tony Townsend said he was opposed to it because it was not on the agenda he released at 8:17 a.m. April 12.

“These aren’t on the agenda though,” Townsend said. “This special meeting was called for the final plat and nothing else was placed on the agenda.”

“Substantively, FOIA [the Freedom of Information Act] has been met,” Perry said. “There are really two issues… FOIA has been met, if you want to consider it, you can. If you don’t … want to push it to the next meeting, no big deal.”

“I’d just as soon we go ahead and do it,” Sherman said, ” so that we can have….”

“I’m good with it,” Johnson said, stating he had read the draft of the ordinance.

“I’m not for it,” Townsend said. “This meeting is being paid for by these gentlemen. That’s the only agenda item. It’s scheduled for the May meeting.”

City planning commissioners are paid $175 per meeting attended, including special meetings.

If a special meeting is called at the request of a developer, the developer pays for the meeting.

“I’m indifferent,” Perry said.

Sherman said she wanted to discuss it. Chris Johnson and Fowler both said they were good with it as long as the correct procedure had been followed.

“We’re here … whether it’s paid for by them or not, we’re here,” Sherman said.

“I’ve read the draft. I’m good with it,” Johnson said.

“We’ve handled that; we can handle our situation now, can’t we?” Johnson said. “Since we’re here. That way it can be brought to City Council in a week.”

“It won’t go to the City Council agenda until May… there’s no reason to discuss it,” Townsend said, adding that the final plat would go to City Council since there was a special meeting and it was publicized.

Consideration of the ordinance was pushed to May.

“I didn’t intend to cause any dissension,” Perry said, as it was agreed to delay the discussion.

As-builts are drawings used in construction projects used to track the changes from the original building plans during construction.