Loading...
HomeMy WebLinkAbout1993-04-20 MinutesMINUTES OF A MEETING.OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday;. April 20, 1993, at 6:30 p.m. in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Stephen Miller, Kit Williams,: Conrad Odom, Woody Bassett, Fred Vorsanger, Len Edens; Joan Chapman, and Heather Daniel; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Planning Management Director Alett Little; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. Mayor Hanna stated the curfew issue to be discussed later in the meeting will not be a public hearing. The discussion will be to consider forming a Juvenile Concerns Committee, and public hearings will be held later. EARTH DAY PROCLAMATION Alderman Chapman read a Proclamation issued by the Mayor declaring April -22, 1993, as Earth Day in Fayetteville. CONSENT AGENDA Mayor Hanna introduced consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda": A. Minutes of the April 6, 1993 regular City Council meeting and the April 12, 1993 special City Council meeting. Vorsanger, seconded by Miller, made a motion to approve the Consent Agenda. Upon roll call the motion passed by a vote of 8 to 0. AFFORDABLE LIMOUSINE SERVICE Mayor Hanna introduced a public hearing to consider issuing a Certificate of Public Convenience and Necessity for Mr. Jim James, dba Affordable Limousine Service. Alderman Miller asked what type of car James would be using. James responded he would be using a stretch Cadillac. 4 Williams, seconded by Miller, made a motion to approve a resolution 'granting the Certificate of Public Convenience and Necessity. - April 20, 1993 Upon roll call, the motion passed.by a vote of 8 to 0. . , RESOLUTION 44-93 AS RECORDED IN THE CITY CLERK'S OFFICE RURAL FIRE CONTRACTS Mayor Hanna introduced consideration of an ordinance amending Sec. 33.046 of the City Code to establish annual fees for Rural Fire Contracts for the two year period of June 1, 1993 thru May 31, 1995, and' to retain an annual discount of $40 established by Ordinance 3537, where a similar agreement exists with a rural fire department. A standard formula is used bi-annually to determine the amount to be charged for rural contracts for the succeeding two years. The new amount is $185.00 for association property and $370.00 for individual property. Alderman Williams stated he was in favor of this amendment. Alderman Miller stated he also agreed as this saves the homeowner, money on his insurance and is a financial plus to the City. Alderman Daniel asked if the formula to determine the charge was a national standardized formula. Ben Mayes stated it was a formula used by the City based on local.' cost of fire protection for the city residents. City Attorney Rose read the ordinance for the first time. Miller, seconded by Odom, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Williams, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. .Upon roll call, the motion passed by a vote of 8 to 0. The City attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. Upon roll call, the emergency clause was approved by a vote of 8 to 0. ORDINANCE 3697 APPEARS ON PAGE y01, OF ORDINANCE BOOR X X VI UNDERCOVER VEHICLES Mayor Hanna introduced consideration of an ordinance waiving the requirements of competitive bidding for the purchase of used vehicles to be used by the Police Department in.the undercover drug enforcement program. April 20, 1993 By waiving the requirements of bidding, the two undercover vehicles currently utilized by the Police Department, along with $7,000 budgeted for 1993, can be traded -in for replacement vehicles. Rotating vehicles often is necessary to keep from placing an undercover officer in danger due to the vehicle being recognized. City Attorney Rose read the ordinance for the first time. Miller, seconded by Odom, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Odom, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. Upon roll call, the emergency clause was approved by a vote of 8 to 0. ORDINANCE 3698 APPEARS ON PAGE 4023 OP ORDINANCE BOOR X$ VI TREE PROTECTION ORDINANCE Mayor Hanna introduced consideration of adopting a tree protection ordinance. The Planning Commission, the Landscape Beautification Committee, and representatives of the City Council recommend this ordinance. City Attorney Rose read the ordinance for the first time. Vorsanger, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Bassett, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City attorney read the ordinance for the third time. Alderman Vorsanger stated he plans to support the ordinance and would like to thank the committee that worked on this which includes besides himself, Alderman Miller, Ken Pummill and Bob (Swifty) Reynolds from the Planning Commission, Marion Wycoff and Jeanie Hill of the Landscape Beautification Committee. He also thanked Alett Little and her staff who pushed the committee to meet 4 times in 4 weeks. He stated he was proud of the spirit of compromise and flexibility the people used in developing this ordinance. It may not be perfect, but it is one this City should be proud of. He recommended giving the ordinance one year, and then review it for any needed changes. He felt all of the members of the Compromise Committee feel really good about this ordinance. April 20, 1993 He agreed with the Mayor that this ordinance was certainly not developed overnight. Alderman Vorsanger stated this was a perfect example of getting citizens together and using give and take to work out a problem. Members of this committee really made him feel good that they could. come up with something that has been worked on for two years and even thought about before that. Alderman Chapman stated Alderman Vorsanger made some good points.+ She stated the citizens are to be congratulated as well for their lack of harmony. She stated the lively interest in city affairs in this community is something to be proud of. Alderman Williams thanked Aldermen Miller and Vorsanger as well as Mayor Hanna, and stated he was in favor of the ordinance. Rob Leflar, a member of the Ozark Headwaters Group of the Sierra Club, stated there are about 150 members of this group in Fayetteville. They agree with Alderman Vorsanger. He had a couple of comments about the implementation of the ordinance. First, he felt it is important that Mayor Hanna and others pay attention to the composition of the advisory group. They should be knowledgeable and conscientious people. Second, he stated the Planning Management Department will be in charge of implementing this ordinance. The City Horticulturist is no longer included in the ordinance. Leflar stressed the importance of having on staff someone with the equivalent expertise. He stated there was potential for abuse of he ordinance in some areas. He looks forward to working with the City staff, the community, and Mayor Hanna on this ordinance. Dennis Smith urged the Council to support this ordinance. stated he feels it is a great move for Fayetteville. Alderman Bassett stated he echoes Alderman Vorsanger and commends him and Alderman Miller as well as Swifty Reynolds, Ken Pummill, Marion Wycoff, and Jeanie Hill. He feels this will be a big asset for Fayetteville. He also feels this demonstrates what can be done in this town when everyone works together. Alderman Daniel also thanked the people that worked on the ordinance. She stated she feels it is thorough and fair. Upon roll call, the ordinance passed by a vote of 8 to 0. Upon roll call, the emergency clause passed by a vote of 8 to 0. ORDINANCE 3699 APPEARS ON PAGE Idy OF ORDINANCE BOOK XXVI • April 20, 1993 CURFEW Mayor Hanna introduced discussion about establishing a curfew for area youth. He stated the City would be establishing a Juvenile Concerns Committee. Aldermen Miller, Bassett, Daniel, and Edens have volunteered to be on this committee. City Prosecutor Casey Jones will be a member as well. This committee will be the starting point for discussion about dealing with the juvenile problems. Mayor Hanna stated Woodland Junior High School parents have brought this matter to the attention of the City. Alderman Bassett stated he has been approached by people of the community who have had problems with teens in the community. He recognizes there is nothing more important to a community than the youth. If no legislation comes from this, the discussion alone will help. The discussion will raise the public awareness about things that exist. Alderman Bassett stated it was obvious most of the teens in this community are well behaved and most of the parents are responsible. This City has great teachers, but some of the Woodland teachers have been receiving unfair criticism. Alderman Bassett stated it is true that what happens away from school with kids affects what happens at school. Under no circumstances should anyone sensationalize this discussion. There should be rational discussion over the next few weeks. This Mayor and City Council have an open mind, and they are eager to listen to all views. Alderman Bassett stated the Juvenile Concerns Committee should contain representatives from the police department, teachers, teens from Woodland, Ramay, and Fayetteville High School, parents, and from the juvenile justice system. The committee needs a good cross section of folks. Alderman Bassett stated he has received several calls regarding the curfew issue. Most of the parents have said the City Council should give serious consideration about passing a curfew. He has a copy of the ordinance that Springdale is working on adopting. The City of North Little Rock also has adopted a curfew ordinance. There have been no special ordinances prepared for discussion, rather this City is just at the starting point of addressing these issues. If Fayetteville passes an ordinance, he feels the burden should be placed on the parents as opposed to the teens. He knows there will be kids, young men and women, who will disagree with him. But, there are kids who come to Fayetteville from other areas because some of their towns have curfews, and there is more to do in Fayetteville. Alderman Bassett stated a curfew ordinance would have to be reasonable and not unduly penalize well behaved teens. It should also be written in such a form that it is constitutional. To have a constitutional curfew ordinance, there have to be some exceptions April 20, 1993 included, such as minors with their parents, an emergency, or those who have jobs during the hours of the curfew, etc. He stated under no circumstances should an ordinance be jammed down the throats of the citizens. He also does not feel the Council should wait until some tragedy occurs before addressing the problems. Alderman Bassett stated he knows of one club in town that holds a "teen night". He has asked City Attorney Jerry Rose to see what the Council can do to stop this practice. The teen night mixes 13 year olds through 19 year olds, some who attend are probably younger and older, in a setting with massive numbers of teens from Northwest Arkansas with virtually no adult supervision. He feels this is definitely a recipe for trouble. He feels the City should look into this, and he stated he is in favor of stopping these nights. Alderman Chapman suggested the City should look for help from (1) this community and (2) from cities that have had curfew laws and see how they work. She stated she talked with a police officer from Springdale about their curfew. Alderman Chapman stated she hopes the committee will ask for facts from the Juvenile Justice Advisory Panel that has been working on this. She stated this Council will have to be very informed to be able to make the best decisions on this matter. Alderman Miller stated he has had 14 contacts, and all of them have been against the curfew. He realizes that he and most of his constituents have a more libertarian outlook. He stated he felt adults should become more positive role models. His reaction now is that the good kids who do not cause trouble will obey the law, and the kids that are now causing problems will also be the ones breaking a curfew law. He stated the Council has to be very sensitive to the kids and provide them with activities and entertainment. Alderman Williams stated he would not have liked a real strict curfew when he was a.teen. But, he does not feel this is what this Council is talking about. He agrees with Alderman Bassett that the burden should be on the parents. He feels the city and state should step into these type matters only in extreme situations. He stated he does not know much about the juvenile problems. This City may not even need a curfew, and he has had people tell him this is none of the government's business. He usually agrees, but there are times when the Council has an obligation to the community to look into these matters. Alderman Vorsanger .stated he is having a hard time relating this question because his children are grown, and his grandchildren do not live here. However, he remembers when he was in his teens and the problems he had. He has received several calls, and the reactions have been about the same as those received by Alderman Miller. The question he hears most is why don't parents enforce April 20, 1993 their own rules. Alderman Vorsanger stated he is really having a hard time figuring out how a curfew fits into the problem this City is having. He hopes the committee will make this clear. He stated he assumes a curfew would only be a part of the solution. Alderman Edens stated the committee would not be limiting discussion to a curfew only. At his business, he has had a problem with minors in possession of alcohol, and he feels this problem should also be addressed by the committee. He has two daughters, age 16 and 11, and he has heard them discuss these problems. Mayor Hanna stated the organizational meeting of this committee would be Thursday, April 22, 1993, at 6:00 p.m. in Room 326 of City Hall. He stated he will ask the committee to appoint a chairman and set the next meeting time. OTHER BUSINESS SALES TAX LAWSUIT SETTLEMENT City Attorney Rose stated there has been a tentative settlement agreement on the sales tax lawsuit. He needs a resolution from the City Council authorizing the Mayor's execution of the stipulation of settlement agreement. He stated he has provided the aldermen with a copy of the final agreement. He outlined the minor changes that were made in it from the last agreement the aldermen had seen: (1) the master will be appointed by the court to supervise the refund process; (2) the old 2.4A was omitted and replaced with better detail about what subjects are being eliminated as a cause of action; (3) the number of times to publish the settlement offer in the newspaper has been deleted; (4) eliminate 4.1; (5) the definitions section has been changed; (6) a dollar for dollar refund for the period June 20, 1991 through April 1, 1993; (7) the City will pay claims within 60 days after the end of the refund claim period of 4 months from June 1, 1993 through September 30, 1993; (8) let John Lisle apply for attorney fees without the City contesting; (9) other people will not be liable for paying any fees; and (10) the agreement constitutes a full and complete discharge of any claims against the City. Rose stated after this is signed, the lawsuit will be over on the issued involved in this case. The tax receipts held by Arvest and the City will be given to the City and put in the General Fund to be used for any lawful purpose and approved by the City Council. There will be no appeals taken from this court to any higher court. Rose stated the settlement offer will be published Wednesday and Sunday, April 21 and 25, in the Northwest Arkansas Times, the Northwest Arkansas Morning News, and the Morning News. On April 30, 1993, the court will consider any dissenters and then enter a final settlement to the case. At that time, the case will be April 20, 1993 essentially over.. Rose stated he will tell the judge this isia settlement the people have had a chance to see and discuss. Mayor Hanna stated he and Alderman Miller went to the hearing. He commended Jerry Rose for the work he has done on behalf of the City. Mayor Hanna stated John. Lisle has tried very hard to reach a settlement. However, hehas referred to Fayetteville as having stolen funds from its citizens and being an entity that could not")) be trusted. He stated he does not ever remember a time when so few people have obtained a judgment that has cost so many people so much as this one has. He stated the past Boards of Directors made honest errors, and there was not intent to .steal money from the people. There is no reason the people cannot trust this city government. Mayor Hanna stated he wants this City to move ahead and keep on an even course. He is glad to be able to settle the case, but he is not very happy with the settlement. He stated he feels like he has been mugged. Alderman Bassett stated he was able to be present at the tale end of the hearing, and he wanted to compliment Jerry Rose. He stated the settlement document was exceptionally well written and. accurate. Alderman Chapman also congratulated Rose for his excellent work, as well as for having survived this ordeal. Alderman Williams stated he could not support the settlement offer when it was originally made because of not being able to argue about the attorney fees. He stated he will still vote against this because he feels the City should have the same rights as John Lisle. Bassett, seconded by Edens, made a motion to approve the settlement offer and authorize Mayor Hanna to execute the settlement documents. Upon roll call, the motion passed by a vote of 7 to 1, with Williams voting no. RESOLUTION 45=93 AS RECORDED IN THE.CITY CLERK'S OFFICE ADJOURNMENT The meeting adjourned at 7:56 p.m.