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HomeMy WebLinkAbout1997-11-04 Minutes363 A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, November 4, 1997, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Cyrus Young, Randy Zurcher, Trent Trumbo, Donna Pettus, Kit Williams, Len Schaper, and Heather Daniel; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. ABSENT: Alderman Miller Mayor Hanna called the meeting to order with seven aldermen present. NOMINATING COMMITTEE REPORT Alderman Daniel moved to nominate Bob Estes to the Fayetteville Planning Commission. Alderman Pettus seconded. Upon roll call, the motion carried on a vote of 7 to 0. 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 October 21 regular City Council meeting. B . A resolution accepting the State of Arkansas Contract Award ST -98-0174 for the purchase of two utility vehicles from Landers Jeep -Eagle -Chrysler -Plymouth -Dodge, Inc., in the amount of $39,288; RESOLUTION 103-97 AS RECORDED IN THE CITY CLERK'S OFFICE. C. Removed. See Purchase of Police Units below. D . A resolution approving a Landscaping, Inc., in the planting project along the contract with Country Heritage amount of $49,128.30 for a tree western section of Joyce Blvd.; RESOLUTION 104-97 AS RECORDED IN THE CITY CLERK'S OFFICE. E . A resolution approving a contract with R. E. Hudson Company, Inc., in the amount of $74,000 for the purchase of a U.S. filter screen and screw compactor; RESOLUTION 105-97 AS RECORDED IN THE CITY CLERK'S OFFICE. 1 364 November 4, 1997 Alderman Young moved to accept .the consent agenda. Beth Sandeen, Landscape Administrator, gave an overview of the contract with Country Heritage Landscaping. It consists of over a hundred trees ranging in size from 5" -to 8" caliper. -.A tree.spade will be used to install most of the trees. The objective of the project is to provide.trees for the median area and to provide a tree -lined street .effect- for this new.section of.road. The specifications call for primarily native species and trees appropriate for the area They will provide- a range of seasonal color and accent. This is for the,installation of the project. It includes all the mulch, labor.to:install, and a one-year guarantee for the trees. The City will be -responsible for the maintenance. There will be some shrubs and small plants, and the City will do mostof that. .. Alderman Williams seconded the motion. Upon roll call, the motion carried on a vote of 7.to 0. „ It OLD BUSINESS WATER ;&'SEWER 4CONNECTION FEES ; Mayor.,Hanna introduced ,an„ ordinance revising water and ,sewer connections fees_.and 'establishing fees to recover City costs associated with?water..and 'sewer- connections involving State..or Federal highways. This ordinance was left on the first reading at 4 -the October:21'Council'meeting.`., . City Attorney Rose read the ordinance for the second time. Alderman Trumbo moved to suspend the rules and go.to the next reading. Alderman Pettus seconded. Upon. roll call, the -motion carried on a vote of 7 to 0. City Attorney Rose read the ordinance for the third time. Ben -Mayes, Administrative Services Director, explained that the Budget & Research staff and Water & Sewer Maintenance Superintendent 'pave Jurgens'calculated the full cost of.doing these donnections. That was presented to the Water &_.Sewer Committee. There were two public meetings -at that level. Staff recommended to the Committee to..increase charges..to 75% of full cost. The Water & Sewer Committee passed -that along to the Council. There were n� comments from the audience. ._ . 365 November 4, 1997 Alderman Schaper stated it represents a hefty increase over the old figure. The Committee felt that to go all the way to 1000 would be an astronomical increase. Thiswillbe looked at again in a couple of years to consider raising it to 100%. Mayor Hanna called for the vote. Upon roll call, the ordinance passed ORDINANCE 4066 IS FOUND ON PAGE SURVEILLANCE EQUIPMENT BID WAIVER on a vote of 7 to 0. OF ORDINANCE BOOK Mayor Hanna introduced an ordinance waiving competitive bidding and allowing the Mayor to enter into a contract for design, purchase, and installation of surveillance equipment. This ordinance was left on the second reading at the October 21 Council meeting. City Attorney Rose read the ordinance for the third time. Alderman Williams stated they need a bid waiver as they can get a much better deal by dealing directly with this supplier. Alderman Zurcher stated he has received quite a few calls on this from people who are concerned about taking this action without being public about it. Rick Hoyt, Assistant Police Chief, passed out information regarding this equipment. It showed a time-lapse VCR, which he stated is nothing more than a home -type VCR with a few more electronics. It allows a tape to be slowed down and have more hours recorded. There were pictures representative of cameras that will be bought. There will be color cameras and monitors. There will be printers to print stills from the recording. The last page showed examples of other things on the market that the Police Department is not interested in. Hoyt stated the cameras, monitors, and recorders purchased will be put together in a system that has battery packs and will operate by remote control if necessary and in as compact a unit as needed. He explained the value of having this equipment in a drug -bust situation, especially in court. It would not be used in a way that violates anyone's rights. Alderman Zurcher agreed abuse of power is not the norm in our police department. He recognized there is a fine line between citizen liberty and safety. He stated there is a difference in setting up an apartment for surveillance and having a camera going in public. 386 November 4, 1997 .s Hoyt-statedit ha's neder•been-:.the'department's intent to use it for something like that.-"He'asked`what the -difference is between that and officers .watching, from a- car. •This is not.super.-secret equipment --laser listening devices, infrared, telephoto. They are cameras:that don't have,much:more ability than a home VHS camera. Mayor Hanna all"typessof trouble. If stated it -is not .unusual to have cameras in banks and stores:F.If you don'tbreak the law, you don't get in you break the law; you should pay for it. Alderman Zurcher stated he would like tohave a specific proposal, maybe everything but the shape of the camera. Alderman Williams did not support having prior restraint. We can't predict exactly what they will.do or tell them exactly how to use something. .If they misuse'a product or'power,in any way, .that is brought. forward in the courts. At that time, they would be accountable. An audience member addressed the difference between having a camera ,in a public place and one in a store.. A tax-paying,citizen has the right to use a city street. If he chooses to.go into a store, he accepts the idea there is a camera. Another audience member stated everyone wants to trust the police department, but the fact that recently .a young person was brutalized in a local jail and had to go to court twice to get a minor settlement is an indication that people who choose to.be>a little critical are not being un-American. by raising serious questions about this type of •equipment. Though there' are no problemsnow, things do change. This surveillance equipment could be used against anyone deemed un-American or a•problem. Pictures could be misrepresented and expensive to defend oneself against. If the police department makes known exactly what.therare buying and how much, we could accomplish two useful purposes: 1) we could control costs and the budget byknowing if the deal_is as good as represented, and 2) people Would have a reason to not commit crimes if they know the police department intends to- deploy this equipment.. Alderman Trumbo stated this equipment is being used noiv;though ` borrowed. Itmakes sense to buy ourown. Alderman Williams stated the handout.shows what is being bought.. Citizens have this information. This is not technology not already out there on the street. He stated. vigilance is,the price of liberty and protection is: -built into the system. • Mayor Hanna called for the vote. 4 t. 367 November 4, 1997 Upon roll call, the ordinance passed on a vote of 6 to 1, with Alderman Zurcher voting no. ORDINANCE 4067 IS FOUND ON PAGE OF ORDINANCE BOOK GREENSPACE ORDINANCE AMENDMENT Mayor Hanna introduced an ordinance amending the greenspace ordinance to increase the contribution formula for greenspace fees to reflect an increase in the average market price per acre of developable land to $15,000. This ordinance was left on the first reading at the October 21 Council meeting. Alderman Williams moved to suspend the rules and go to the second reading. Alderman Daniel seconded. Upon roll call, the motion carried on a vote of 7 to 0. City Attorney Rose read the ordinance for the second time. Alderman Young made sure the amendment for updating every two years is now included. Alderman Zurcher stated it is time to take a serious look at this. Lots, not acres, are going for between $15,000 and $60,000 now. Mayor Hanna pointed out that price is for developed land, not developable land. Alderman Schaper stated the dedication of the land happens within a subdivision. Since you wind up with subdivision -developed land that could be sold as another lot, the value needs to be higher. Alderman Pettus stated all you have to allow for is the cost of development. Alderman Williams pointed out the Parks & Recreation Advisory Board studied this and recommended this increase. It is a substantial increase. Some land dedicated for parks might not be perfect for development. Alderman Schaper stated we are still behind with this increase. Alderman Zurcher contended that with this ordinance, if a developer chooses to give money instead of land, he should get as much money as he would have made off the lot. Alderman Williams moved to suspend the rules and go to the third and final reading. Alderman Pettus seconded. Upon roll call, the motion carried on a vote of 7 to 0. 5 368 11' November 4, 1.997 City Attorney Roseread the ordinance for the third -time., Rose stated Alderman Young's previous -amendment -has been added. It' reads, ."The parks department shall review the contribution formula every two years and make -:.a recommendation to the. City Council . following such review." There were no comments from the audience. Upon roll call,. the ordinance passed on a vote of 7 to 0:. ORDINANCE 4068 IS FOUND ON PAGE OF ORDINANCE BOOK SKATEBOARDS AND. SKATES. ORDINANCE Mayor Hanna ntroducedan%ordinance applying Certain ordinances r regulat'ing,& cycles to•/skateboasdi and in-line skates. This ordinance was left oh the first reading at the October 21:Council meeting., A` a. .. , J a , y e .P Y Alderman-Zurcher moved to -suspend the rulesandgo to the second ..reading. Alderman Trumbo seconded. Upon roll call, the motion ypaseed on'a,voteiof 7, to; 0. , City Attorney Rose read the ordinance for the second time. Alderman -Daniel stated she has. continued to- get input on. this _matter. Almost everyone says it.is.too dangerous for skateboards to be on the streets.. In other places, areas -in parks for skaters' are getting_verypopular. , Alderman Zurcher moved to make the following. amendment: Skateboards or in-line -skates are allowed.on.city streets:with.a local categorization and. -Dickson Street when necessary to avoid .unseen or unsafe 'conditions on sidewalks so long as no traffic or. safety hazard is created thereby. The motion was not seconded. Alderman Williams stated streets are primarily, constructed motorists. Alderman Pettus.stated she has received..cal_ls from people who doe not want to dodge skateboarders on the streets. They believe it a Safety hazard. . Alderman Schaper presented an alternative.. He stated skateboarders don't'want the:same rights as bicyclists; they wantthesame rights as pedestrians. Pedestrians and joggers use the street when it safer than the sidewalk. 369 November 4, 1997 Alderman Pettus stated a caller made the point that people on skateboards and skates are not pedestrians and don't have the same control. Rick Hoyt, Assistant Police Chief, stated he has researched this and could not find any laws that give pedestrians any specific rights except at corners or crosswalks. If pedestrians impede traffic, that falls under the State law of disorderly conduct or impeding traffic. Pedestrians and joggers travel at a slow speed and in a straight line. A bicyclist travels in a straight line. He was not sure skateboarders and skaters do. Alderman Zurcher did not support limiting rights because of what might happen. We are criminalizing a method of transportation. City Attorney Rose addressed the question of whether streets are public right-of-ways. Generally, you have an easement for a particular purpose, a thoroughfare or for traffic. The primary purpose of streets is for travel by the public. They can be designated as desired. There is a strong line of cases that pedestrians and other users of the highway other than automobiles have a duty to use due care. Alderman Schaper moved to change the ordinance by eliminating Section 1 and Section 2 and only keeping Section 3. Alderman Zurcher seconded. Alderman Schaper stated he would support a compromise of prohibiting skateboarders from major arterials and collectors. Alderman Williams thought this would be hard to enforce. Upon roll call, the motion failed on vote of 3 to 4, with Aldermen Trumbo, Pettus, Williams, and Daniel voting no. Alderman Williams moved to suspend the rules and go to the third and fin1 r ading. Alderman Pettus seconded. Upon roll call, the motion ed on a vote of 4 to 3, with Aldermen Zurcher, Schaper, and Daniel voting no. Brandon Flammang, audience member, stated if Stephen Miller had been present, Mayor Hanna would have had to break a tie on the amendment vote. He stated the Council was not proposing any solutions. Motorists will have to deal with skaters. The Council is accountable for fixing the problem. People will continue to skate in the street when it is unsafe or unfeasible to skate on the sidewalk. This law is selectively enforced in the downtown area. He stated he does not want a skate park. He supported at least having pedestrian rights, but he would like to skate where a bicycle has the right to go. He stated the Council is not being 7 November '4; 1997 progressive; -which -it claima�to=be. Mike'Hill, audience member, 'passed out a list of signatures of •:Dickson Street business owners and managers who support the use of sidewalks.in:.a pruderit,mariner. He;stated the Council is not. giving.. `any solutions. ,There.,has-been.no`specific safety issue brought up. Cruising- speed on a bicycle, measured by radar, is 14 mph. Cruising speed on a skateboard, measured by radar, is 14 mph. His measurement's showed that at most a skateboard cruises 3 mph slower than a bike. Breaking on a bike at cruising speed is 248"; on a skateboard, it is 102". He .read from the Fayetteville Code of Ordinances which referred to toy vehicles.and stated a skateboard is not a. .toy vehicle. It is a legitimate mode of` transportation. Libby Smith, audience member, stated kids are concerned about .safety, too. They will ride in the road if they have to, but will mostly use the sidewalk. This is being made,.into a big deal when it doesn't have to be. Seth Gunderson, audience member, asked what sidewalks were ,created for in the first: place. If skaters can use sidewalks as pedestrians do, then not having the same rights as pedestrians have on roads does not make sense. Alderman. Zurcher stated skaters may be a minority group, but• support for this has come from non -skaters, too. Nick Masullo parent of skaters and an in-line :skating instructor certified by the International In -Line Skating Association:;' explained he teaches safety. -He teaches people of all ages and abilities. This discussion reminded him of past discussions about bicycles and joggers. They weren't. wanted on the streets and sidewalks. He has not seen any incidents of skateboarders_darting. in front of cars and doing . crazy things . in this community,- No skater is out to compete with a:car. It, is legal to ridea bicycle; but you don't see- little children riding ori North College. There is no reason -to. expect to see a skateboarder. Skating .is -not a crime. There are already laws against disorderly, conduct, .and that is all that's needed. Regulation -like this trivializes our laws.. In this town, hecanride a Harley, without a.; -helmet but cannot in-line skate wearing full. protective gear_ -and• a helmet. Ha`.was told fifteenyears ago to wait. a -few years for. more, trails... He asked the Council -not to'do this now. Ten..years is a long time to wait, whether you are'15 or 55-. This will:.not--go- away.. He asked that some accommodation be. worked out. Mr. Hill stated that in 1996 there were 3,448 accidents in Fayetteville.. Two involved a bicycle.. None involved a skater. This is not a safety issue. 8 371 November 4, 1997 Mr. Masullo distributed ordinances from other communities. This was left on the second reading. PURCHASE OF POLICE UNITS Mayor Hanna introduced a resolution accepting the State of Arkansas Contract ST -98-0174 for the purchase of 12 police pursuit sedans from North Point Ford in the amount of $242,892. Alderman Trumbo stated the Equipment Committee met on this. Our police pursuit sedans are purchased every year, and old ones are rotated out for use elsewhere in the City or sold. William Oestreich, Fleet Maintenance Superintendent, stated some units have run an excess of 5,000 miles a month. The patrol unit minimum is about 1,400 miles, with the majority in the 3,000 to 4,000 mile bracket per month. Last year, new units were put in service on an average of one a month. Stand by units are needed. He explained how new units are cycled in and old units cycled out. We buy wisely and pull them off the road before completely dead for good resale value. More cars than just patrol units are used. One is used to serve warrants. There is detective unit use. There are supervisor vehicles. Alderman Williams moved to accept this resolution. Alderman Schaper seconded. Upon roll call, the resolution passed on a vote of 7 to O. RESOLUTION 106-97 AS RECORDED IN THE CITY CLERK'S OFFICE. PUBLIC ACCESS TELEVISION SERVICES Mayor Hanna introduced a resolution accepting a contract with the Community Access Television for public access television services. Alderman Williams moved the resolution. Alderman Trumbo seconded. Upon roll call, the resolution passed on a vote of 7 to 0. RESOLUTION 107-97 AS RECORDED IN THE CITY CLERK'S OFFICE. WATER & SEWER MANHOLE REHABILITATION Mayor Hanna introduced a resolution approving a construction contract with Kim Construction Company, Inc., in the amount of $1,093,737 plus a 5% contingency of $54,697 for manhole rehabilitation. November 4, 1997 Kevin Crosson, Public Works Director, stated there •were four. qualified bidders. The apparent low.bidder did not have a valid Arkansas contractor's license and has withdrawn his bid. Alderman Schaper stated this is an ongoing project'.' Every drop of water kept out of the sewer is water that 'does hothave to be processed at the .sewage treatment plant, which is operating at or above capacity. David Jurgens, Water & Sewer Maintenance Superintendent, explained what manhole rehabilitation is. Up until a few years ago, they weremade but of brick and mortar, which is not a waterproof system.'; We`aregnow :making, them waterproof and watertight and a ,adding another'. so,years of life 'to -`them. It also involves pipe and floor repair. Rings and lids are being replaced. e . Alderman"Zurcher moved;the-'resolution. Alderman Young seconded. Upon.roli call; the resolution'passed on a vote of 7.to 0 _ RESOLUTION 108-97,AS{RECORDED IN.TBE..CITY CLERK'S OFFICE.; ADJOURNMENT Mayor Hanna adjourned the meeting at 8:10 p.m. 10