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HomeMy WebLinkAbout1994-07-19 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, July 19, 1994, at 6:30 p.m. in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Woody Bassett, Fred Vorsanger, Len Edens, Joe Box, Heather Daniel, and Stephen Miller; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Planning Director Alett Little; Environmental Affairs Administrator Cheryl Zotti; members of staff, press, and audience. ABSENT: Aldermen Conrad Odom and Kit Williams CALL TO ORDER Mayor Hanna called the meeting to order with six aldermen present. OLD BUSINESS Mayor Hanna introduced consideration of items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. A. LOCAL COOPERATION AGREEMENT: 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. This item was tabled at the Council's July 5, 1994 meeting. Alderman Miller stated he looked at this property and things have been worked out to his satisfaction. He now feels this will be an asset to Greathouse Park. Miller, seconded by Edens, made a motion to approve the cooperation agreement. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION 78-94 AS RECORDED IN THE CITY CLERK'S OFFICE B. ADVERTISING FLYER DISTRIBUTION: Discussion about the problems associated with advertising flyers being left on mail boxes and door knobs. City Prosecutor Casey Jones stated his office tries to mediate as many cases as possible when a complaint has been filed. However, he is still waiting for a complaint"to be filed regarding flyer distribution. If someone files a claim, he will get to this. quickly. Since the last Council meeting, he has had three calls. July 19, 1994 He feels the ordinances we currently have on the books are sufficient to handle these complaints. He feels the state statutes regarding criminal trespass might help cover some of the complaints as well. The only concern he has is with the word "attached" since some of the complaints stem from materials being thrown down on people's yards. However, he feels this can be worked out as well. Alderman Bassett asked if Jones Billposting. He asked about the rights of the customer delivery • was referring to Section 110.01, constitutional'argument about the companies. Jones stated there are'somelproblems.constitutionally. However, there are no solicitation. recjuirements in 'the ordinance. The ordinance requires citizens to put a sign1.in their yards. This helps provide the. Citywith some 'degree of constitutional protection. Y €1 '. ; Alderman Bassett asked if a citizen did not have a sign in their yard, would this make a difference. Jones stated it would make some difference. However, he feels the City has a pretty good chance with a case against the distribution companies even with this stipulation. Alderman Bassett asked if Jones would prosecute a claim even if the citizen had not called the delivery company. Jones stated he would. He would make the initial phone call to the delivery.company and follow up with a cease and desist letter. Alderman Bassett asked if people call the Prosecutor's Office, what does Jones then do. Jones stated the people have to sign a sworn statement, tell him if they have called the distributing company, and if so, Jones stated he would then cite the company. Alderman Bassett•stated for the people watching on television, what do they need to bring to the Prosecutor's Office? • Jones stated they need to bring the materials they received and are wanting to file a complaint about. Alderman Miller stated about 2 months ago, a person was bringing materials to his house, and he told them he did not want any more of these materials. He has received deliveries 2 more times since then. Alderman Bassett asked Jones who he would prosecute, Preferred Customer Delivery or the independent contractors. Jones stated he would prosecute the delivery company. July 19, 1994 Alderman Vorsanger stated by City ordinance, billposting is illegal on electric poles, etc. Jones stated the only person who has ever brought him any flyers or complained about this is Alderman Miller. Mr. Jerry Dossy, attorney representing Community Publishers, Inc., who owns the subsidiary, Preferred Customer Delivery, stated Steve Trollinger, president, Mike Brown, vice president, and Garry Gall, general manager of Community Publishers, Inc., were in the audience. He stated they are a company that makes deliveries and is in competition with the U.S. Post Office for second and third class mail, i.e., magazines and flyers. He stated the constitution provides for equal protection for all companies and people. If the City prosecutes his clients, the City will also have to prosecute Airborne Express, UPS, the U.S. Post Office, etc. Some people appreciate receiving these materials because of the coupons and free samples, and the magazines are delivered at a lower cost, which makes the cost of the magazine lower to consumers. His clients have agreed to add the words "to stop or start service, call . . ." before their 1-800 phone number. He stated the people who work for his clients get listings of routes and where to make deliveries. However, people do make mistakes, and sometimes these deliveries get left where people do not want them. His clients want to cooperate with the City. They have not had a rash of calls to stop service since the last City Council meeting. Alderman Miller stated cities that have tried to do outside bans have been struck down. He also stated there is no recycling markings on the plastic bags used by his clients. Dossy stated there is now. Alderman Bassett stated there should be an ideal way for people to either get these materials if they want them or to not receive them if they do not want them. Maybe there has been a lack of calls from people because some people do not think they can change anything. The post office puts these types of materials inside mail boxes, and people have trouble getting junk mail stopped. Mr. Dossy stated his clients have received calls from 661 people who do not want the materials delivered to their homes. He asked Dossy if he has any data on any of these 661 people who are still receiving the materials after notifying the company they do not want the materials? Dossy stated the stops are logged on the computer. There are some repeat calls. Steve Trollinger, president of the company, stated they have route verifiers that check the quality of work the delivery people perform. They also check with individual houses to see if they got what was supposed to be delivered in the sacks. He stated the July 19, 1994,, market will determine the quality of work .they perform. He stated his is the only company that puts their name and phone number of the materials they deliver: » If .they 'find delivery people who continually make errors, they terminate their employment. S , Mr. Cromwell stated theproblemis not.with the constitution or with about who to prosecute. The problem is with Preferred Customer Delivery. They talk good and show good lists, but he has talked with secretaries 3 times, and with Mr. .Gall 2 times. He still gets deliveries made to his home. Regarding the no solicitation signs, he spent time trying to make the outside of his home look good. He does not want to have to put up a sign in his yard. He stated the Preferred Customer Delivery system does not work. He encouraged the Council not to worry about drafting new laws, he asked them to enforce the laws the City currently has. Alderman Vorsanger stated the City Prosecutor thinks he can handle these cases with the current ordinances, and he feels the Council should give Jones a chance. Alderman Bassett agreed that the City should try and use the existing laws. He stated he hopes people will call or go see City Piosecutor Casey Jones and get these deliveries stopped if they do not want them. Cromwell asked if the relevant ordinances could be distributed to the news media. 4 Alderman Edens asked who would be liable --the distribution company or the advertisers. City Attorney Rose stated both would be, the advertisers and the the distribution company causing the materials to be posted. Alderman Bassett asked if the City could not run information about billposting on the government channel. Mayor Hanna stated he would get with City Attorney Rose and get something worked out to run on the government television information channel. 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 July 5 regular and the June 28, 1994 special City Council meetings. July 19, 1994 B. A resolution awarding a contract to Ozark Floor in the amount of $46,700 for carpet replacement in the City Administration Building, and approval of a budget adjustment. RESOLUTION 79-94 AS RECORDED IN THE CITY CLERK'S OFFICE C. A resolution awarding Bid 94-42 to Dictaphone in the amount of $43,568 for replacement of recording/tape system for the Communications Division, and approval of a budget adjustment. RESOLUTION 80-94 AS RECORDED IN THE CITY CLERK'S OFFICE D. A resolution authorising the Parks & Recreation Department to apply for a $50,000 grant (50/50 Matching Funds) from the Arkansas Department of Parks and Tourism's Outdoor Recreation Grants Program for the development of Davis Park. The Parks & Recreation Advisory Board recommended applying for this loan. RESOLUTION 81-94 AS RECORDED IN THE CITY CLERK'S OFFICE E. A resolution approving $4,530 in legal fees to the Nibiock Law Firm for services rendered in the incinerator disengagement lawsuit. RESOLUTION 82-94 AS RECORDED IN THE CITY CLERK'S OFFICE F. A resolution approving Amendment $10 to the Tolling Agreement with Kutak Rock in conjunction with the incinerator disengagement lawsuit. RESOLUTION 83-94 AS RECORDED IN THE CITY CLERK'S OFFICE Edens, seconded by Miller, made a motion to approve the Consent Agenda. Upon roll call, the motion passed by a vote of 6 to 0. REZONE R94-33 Mayor Hanna introduced consideration of an ordinance rezoning .52 acres located on the west side of Morningside Drive and north of 15th Street from R-2, Medium Density Residential, to I-1, Light Industrial -Heavy Commercial, as requested by Mike Parker on behalf of Frankie Kelly. The Planning Commission voted 6-1-0 to recommend the rezoning. City Attorney Rose read the ordinance for the first time. Miller, seconded by Edens, 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 0, and the City Attorney read the ordinance for the second time. Edens, seconded by Box, made a motion to further suspend the rules and place the ordinance on its third and final July 19, 1994 reading. Upon roll call, the motion passed by a vote of 6 to 0. The City Attorney read the ordinance for the third time. Alderman Miller stated he had been concerned about the I-1 zoning, but he understands this will be a flooring company storage facility, so he feels it will be okay. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3808 APPEARS ON PAGE RS -6 OF ORDINANCE BOOK XX vi/ REZONE R94-34 Mayor Hanna introduced consideration of an ordinance rezoning 6.04 acres located on the south side of Huntsville and east of Curtis from R-1, Low Density Residential, to R-2, Medium Density Residential, as requested by Bill Rudasill on behalf of Kevin Latta. The Planning Commission voted 6-1-0 to recommend the rezoning. 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 0, and 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. The City Attorney read the ordinance for the third time.- ' , w. ' \ 1 .y 1 ' i upon roll call, the`ordinance passed by a vote of 6 to 0. ORDINANCE 3809 APPEARS -ON*PAGE anti* .ORDINANCE BOOK X X V/) . 5 r REZONE R94-35 & R94-36 • -r Mayor Hanna introduced consideration' of ordinances` rezoning property located on the south side of Zion Road and west of Old Missouri Road as requested by Dave Jorgensen on behalf of Jerry Sweetser. R94-35: ' Rezone 8.24 acres from R-1.5, Moderate Residential, to R-2, Medium Density Residential. R94-36: Rezone 2.27 acres from A-1, Agricultural, to R-2, Density Residential. The Planning Commission voted 7-0-0 to recommend both rezonings, with .R94-35 subject to a Bill of Assurance limiting the total density of the development on this tract to that allowed by current zoning. Density Medium July 19, 1994 City Attorney Rose read the ordinance for Rezone R94-35 for the first time. Edens, seconded by Box, 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 0, and the City Attorney read the ordinance for the second time. Box, seconded by Vorsanger, 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. The City Attorney read the ordinance for the third time. Alderman Miller stated the density is to be 12 units per acre, and this is allowed with R-1 zoning, so why is the request to R-1.5 zoning? Alett Little stated there are three parcels comprising this project, and it takes all three of them together so the petitioner could agree to limit the density. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3810 APPEARS ON PAGE .260 OF ORDINANCE BOOK X)(V/// City Attorney Rose read the ordinance for Rezone R94-36 for the first time. Edens, seconded by Vorsanger, 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 0, and the City Attorney read the ordinance for the second time. Vorsanger, 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. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3811 APPEARS ON PAGE .263 OF ORDINANCE BOOK XX ✓l) 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 officers in undercover operations such as illegal drug investigations. This will allow for the trade in of existing undercover vehicles. City Attorney Rose read the ordinance for the first time. Edens, seconded by Vorsanger, 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 0, and 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 July 19, 1994.` vote of 6 to 0. The City Attorney read the ordinance for the third time. Alderman Edens asked if this was a permanent ordinance, or would the Council have to vote periodically on a new ordinance. Rose stated this would be a permanent. ordinance. Upon roll call, the ordinance passed by a vote of 6 to 0. Upon roll call, the emergency clause passed by a vote of 6 to 0. ORDINANCE 3812 APPEARS ON PAGE 265 -OF ORDINANCE BOOK. X X v/l SOCCER FIELDS Mayor Hanna introduced consideration of an ordinance waiving the requirements of competitive bidding and awarding a contract to APAC-Arkansas, Inc./McClinton-Anchor Division in the amount of $59,300 plus a 5% contingency for a total of $62,265 for the construction of the Lewis Street Soccer Complex, Fields #1 and #2. No bids were received; however, a formal:quote%was-received from McClinton -Anchor.: !t, , • a : -- r City Attorney Rose read the ordinance for the first time. Edens, seconded by Miller, made a motion to`s_uspend the rules and place the ordinance on its second reading: Upon'roll•call, the motion passed by a vote of 6 to 0, and the City Attorney read the ordinance for the. second time. .Bassett;: Seconded by Vorsanger, made a motion to further suspend the rulesand place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 6 to 0. The City Attorney read the ordinance for the third time. Alderman Daniel asked if the trees will be left on the north and east sides of this property to be used as a buffer? Sid Norbash, City Engineer, stated the City will not disturb any trees. The trees have been planned as a buffer. They may do some clearing of underbrush in front of the trees. Alderman Daniel stated a trail around the site would be .nice for the future. Alderman Miller stated he was glad to see the soccer fields be built here rather than in Walker Park where trees would have had to be cut down. Upon roll call, the ordinance passed by a vote of 6 to 0. ORDINANCE 3813 APPEARS ON PAGE A66 OF ORDINANCE BOOR XX'-'// July 19, 1994 SEWER LIFT STATION Mayor Hanna introduced consideration of a request by the City of Springdale to build a sewer lift station on City of Fayetteville property located west of Highway 265 and north of Clear Creek. Mayor Hanna stated the City of Springdale has asked this item be pulled from this agenda and brought back to the Council at the next meeting. ADA COMPLIANCE REOUIREMENTS Mayor Hanna introduced consideration of a resolution awarding Bid 94-43 to Mobley Contractors, Inc., in the amount of $86,098 plus a 5% contingency for a total of $90,398 for street curb cuts and sidewalk and parking improvements to meet the American's with Disabilities Act requirements, and approval of a budget adjustment. Alderman Miller stated these are unfunded mandates, but they do have merit. vorsanger, seconded by Miller, made a motion to approve the bid award. Upon roll call, the motion passed by a vote of 6 to 0. RESOLUTION 84-94 AS RECORDED IN THE CITY CLERK'S OFFICE NOMINATING COMMITTEE REPORT Mayor Hanna introduced consideration of nominations to fill a vacancy on the Board of Adjustment. Edens, seconded by Box, made a motion to appoint Bob Nickle to the Board of Adjustment. Upon roll call, the motion passed by a vote of 6 to 0. OTHER BUSINESS CITY CLERK REPLACEMENT Mayor Hanna stated there will be a special City Council meeting at the Agenda Session on Tuesday, July 26, 1994, to appoint a replacement to the position of City Clerk. City Clerk Sherry Thomas submitted her resignation effective July 29, 1994. Alderman Bassett commended Thomas and Deputy City Clerk Lois Day of the great jobs they have done for the City. ADJOURNMENT The meeting adjourned at 7:58 p.m.