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HomeMy WebLinkAbout1994-07-05 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL j.. ...a{ k A meeting=of-the`Fayetteville< City Council wasiheld"on Tuesday, July 5, 1994, at 6:30 p.m.. 4in.the&Council Room of the City Administration Building, 113 W. Mountain „Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna;`Aldormen"Woody Bassett, Len Edens, Joe Box, Heather'Daniel, and Stephen, Miller; City Attorney Jerry Rose; City :Clerk Sherry Thomas;y City Treasurer Glyndon:Bunton; Administrative: Services Director Ben Mayes; Planning Director Alett Little; members of staff, press, and audience. ABSENT: Aldermen Conrad Odom, Fred Vorsanger, and Kit Williams CALL TO ORDER Mayor Hanna called the meeting to order with five aldermen present. 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 June 20, 1994 regular City Council meeting; B . A resolution awarding an engineering contract to RUN Group, Inc., for services on the Sanitary Sewer Main Replacement and Rehabilitation project of the Illinois Watershed Basins, 12- 14, 17, 20-22, in the amount of $464,344 plus a 10% project contingency of $46,434. RESOLUTION 73-94 A8 RECORDED IN THE CITY. CLERK'S OFFICE C. A resolution approving an Interlocal Cooperation Agreement between the City of Fayetteville and the Fayetteville School District No. 1 to jointly construct a school gymnasium/neighborhood community center; The City'will contribute $100,000 toward this joint effort. RESOLUTION 74-94 AS RECORDED IN THE CITY CLERK'S OFFICE D . A resolution approving the participation in the condemnation of the Poore property at 127 East Spring Street for the right of way necessary for the proposed City extension of Mill Avenue from.Spring Street to Center Street to serve the new Juvenile Detention Center. RESOLUTION 75-94 A8 RECORDED IN THE CITY CLERK'S OFFICE July 5, 1994 E. A resolution.approving the purchase of 3.0 acres located on the east side of Hollywood Avenue and south of Highway 62 West for $52,500 for the purpose of a future fire station and other City purposes., RESOLUTION 76-94 AS RECORDED IN THE CITY CLERK'S OFFICE • Alderman Miller asked what the condemnation was -for. • Ed Connell, City Land Agent, stated this is a joint project with Washington County_and is to condemn'one:of the lots between Center and Spring Street. This condemnation has been on .hold several years until the lady that occupied the home passed away. The house is now 'vacant. Edens, seconded by Daniel, made a motion to approve the Consent Agenda. Upon roll call, the motion passed by a vote of 5 to 0. REZONE R94-32 Mayor Hanna introduced consideration of an ordinance rezoning .68 acres located at 1693 Morningside Drive from A-1, Agricultural, to R-2, Medium Density Residential, as requested by Laverne Cooper. The Planning Commission voted 6-0-0 to recommend the rezoning. Mayor Hanna stated it takes 2/3 of the Council to move an ordinance to its second and third readings. The City Attorney has informed him that he may vote 'in this situation when only five aldermen are present to meet the required number of 6 to move the ordinance forward. However, he will not vote on the passage of the ordinance. City Attorney Rose read the ordinance for the first time. Edens, 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 6 to O. The City Attorney read the ordinance for the second time. Miller, seconded by Edens, 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 6 to 0, and the City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 5 to 0. ORDINANCE 3807 APPEARS ON PAGE ? S`>OF ORDINANCE BOOR %CX v // LOCAL COOPERATION AGREEMENT Mayor Hanna introduced consideration of a resolution approving a binding Local Cooperation Agreement with the Corps_of Engineers for the proposed joint project to provide clearing, grubbing, and channel work to reduce flooding along Cato Springs and Town Branches, and approval of a budget adjustment. July 5, 1994 Alderman Miller stated he would like to table this item until the next meeting. He is looking into possible violations of the Clean Water Act and the Migratory Bird Nesting Act. He needs more time for further research. Don Bunn, City Engineer, stated the delay will not make any difference to the project. However, the Corps of Engineers is in charge of this project, and the City is in compliance with all federal laws. Miller, seconded by Daniel, made a motion to table. Upon roll call, the motion passed by a vote of 5 to 0. SOUARE GARDENS COMMITTEE Mayor Hanna introduced consideration of a resolution approving the establishment of a Square Gardens Committee to advise the Mayor and City Council on the management, operations, improvement, extension, and maintenance of the Fayetteville Square Gardens and its related properties. Alderman Daniel stated she has received calls from several people wanting a member of one of the gardening groups in town to be a required member on the Square Gardens Committee. Alderman Bassett asked how would it be determined which garden group would be represented. He stated he sees this as a problem. Alderman Edens stated he felt the applicants should come through the normal nominating process, and if someone is a member of one of the garden clubs, that would be fine. Alderman Box stated he felt restricting the membership to a member of one of the garden clubs would be narrowing down the committee too much. Mayor Hanna stated he does not see that membership in a garden club automatically makes a person an expert in horticulture. Alderman Bassett stated he would prefer to leave the committee make-up as it currently reads, and let the people go through the normal nomination process. People will put on their applications if they are members of a club, and as usual, the Council Nominating Committee will select the best qualified applicants. Box, seconded by Edens, made a motion to approve the establishment of a Square Gardens Committee. Upon roll call, the motion passed by a vote of 5 to O. RESOLUTION 77-94 AB RECORDED IN THE CITY CLERK'S OFFICE g July 5, 1994 ADVERTISING FLYER DISTRIBUTION Mayor Hanna introduced a discussion about the problems associated with advertising flyers being left on mail boxes and door knobs. He stated the City has received a number of complaints about this issue. Alderman Bassett brought in some of the materials that had been left on his door. He stated Dwayne Cromwell came before the Council sometime back and was instructed to notify Preferred Customer Delivery and ask them not to deliver any further materials to his home. Mr. Cromwell did this, and he got a reply from Mr. Gary Gall, General Manager, who stated he intended to stop delivery to Mr. Cromwell's home. However, Mr. Cromwell continues to get materials. Other citizens have done the same thing. City Attorney Rose stated he and Casey Jones, City Prosecutor, responded to Mr. Cromwell and told him charges could be filed if Mr. .Cromwell would come to the prosecutor's office and file the necessary papers. However, Mr. Cromwell has not chosen to do that as of this time. He stated Jones would send letters to the advertising companies and ask them -to stop making deliveries to someone's home.1 If they continued to do so, he.would file charges. against them. However, no one has filed a complaint with the City Prosecutor. Rose stated Jones believes the current City ordinances will allow him to prosecute and stop these types of deliveries. Alderman Edens asked what a citizen needs to bring with them as proof for Jones to file charges. Rose stated a copy of a letter the citizen has written requesting they no longer get the materials and dates they continued making deliveries. Rose stated Jones will also look into fining these people,under the littering laws. Alderman Bassett according to City statutes, people have to have a sign posted in their yards prohibiting solicitation. He stated a lot of people do not want to have to put up this type of sign.., Rose stated there is a wide range of case law on this topic. He selected six cases to review, and of them 3 stateit is okay to ban this'type of materials without prior notification. Three of the cases say you have to notify the distributor of your desire not to have materials delivered to your property.. Alderman Edens asked why this ordinance required an active rather than a passive action on the part of citizens. Rose stated it is a complicated issue. However, if the aldermen feel the City would like such an ordinance, a blanket ban, he can draft one. However, Casey Jones feels the current ordinances are constitutional and can be enforced. July 5, 1994 Mayor Hanna stated he does not think this will work anyway. He stated it would be quite a process for each person to have to go through to get materials not delivered to their homes. He feels the City Council should take the initiative to make it illegal to put unwanted materials on someone's mailbox, door, or in their yards. Alderman Miller stated he agrees, and he is tired of picking up these materials. He asked if the right to advertise has been tested under the freedom of speech right. Rose stated it has, and the commercial door-to-door advertising can be prohibited. He stated Mayor Hanna has talked about a blanket ban; however, some courts have thrown those types of laws out. He stated door-to-door solicitation and door-to-door distribution are two different things. Alderman Edens asked if the Council would be restricting someone's rights if they required anyone desiring the materials send a card to the distributors. Rose stated that would be one way to handle this. However, one court has already thrown this method out as unwieldy. Mayor Hanna stated if the Council passed such a blanket ordinance, if a police officer saw someone distributing materials, he could arrest them and file a complaint. Then citizens would not have to go through this whole process. Alderman Bassett stated he is concerned about people going on vacations or out of town and these materials stacking up. This shows thieves that the homeowners are out of town. Alderman Daniel stated she went door-to-door distributing flyers when she campaigned for City Council. She found this a great way to campaign. Rose stated he and Jones would like to prosecute under the current City ordinances. Alderman Bassett asked if Casey Jones would come to the next council meeting to discuss this issue. Alderman Edens asked if the man from Preferred Customer Delivery would also be invited to come to the next meeting. City Attorney Rose stated Jones would be at the next meeting, and he would make the invitation to Preferred Customer Delivery. OTHER BUSINESS July 5, 1994 PARTNERS FOR LIVABLE PLACES Mayor Hanna stated the City received a plaque from the Partners for Livable Places and was one of only 15 cities in the nation to receive this award. Roy Clinton went to Washington to accept this award for the City. FAYETTEVILLE SHOOTING STARS Alderman Miller stated Sonny Wrights' basketball team, which consists of kids under the age of 13, the Fayetteville Shooting Stars, won their championship and will now be traveling to an international tournament in Florida. There has been an account set up in their name at the Bank of Fayetteville, and any and all donations would be appreciated. ADJOURNMENT The meeting adjourned at 7:15 p.m. • • 0 t I ,. d