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HomeMy WebLinkAbout1977-11-15 Minutes1 121 MIINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS November 15, 1977 The Fayetteville City Board of Directors met in regular session on November 15, 1977, at 7:30 p.m., in the Board Room of the City Administration Building. (\!J PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene (Y) Westbrook, and Directors Ernest Lancaster, Philip Colwell, Ann Henry, u Paul Noland, Al Hughes, and David Malone. U ABSENT: Director John Todd Q OTHERS PRESENT: Members of the audience and representatives of the news media. 1 GALL TO ORDER The meeting was called to order by Mayor Ernest Lancaster. Following roll call and a moment of respectful silence, the Mayor called for consideration of " the first item of business. HOT CHECK ENFORCEMENT AND PROSECUTION Director Colwell had requested the Board consider a resolution which would request the City Prosecutor, Municipal Judge, and Chief of Police to increase efforts to arrest and prosecute persons who write hot checks. The City Attorney read a resolution drafted by Colwell which was followed by Colwell's comments that it appeared the system of arresting and prosecuting violators had "broken down" 121.1 121.2 City Prosecutor Jim Boyd was present to address the Board and explain current 121.3, procedures which actually places the City in the position of check collector rather than in the position of prosecuting violators of the "hot check" law. He told the Board that his office is often requested to seek restitution of bad checks before the merchant has made efforts to make a collection. On other occasions, according to Boyd, merchants delay consulting his office to such an extent that collection is made difficult. Boyd explained a newly proposed pro- cedure which would require the merchant or vendor to make initial notification to the check writer that the check has been returned by the bank. If the merchant's notice is not followed by restitution, then the merchant could file a complaint with the Prosecutor's office and proceedings begun. Boyd explained that his office is responsible for determining which cases should be prosecuted but that no prosecution would be recommended if there is unquestionable evidence that the check writer had intended to defraud Municipal Judge Charles Williams was also present to discuss "hot check" 121.4 procedures. He informed the Board of procedures involved in issuance of an arrest warrant. Williams noted that many offenders are under 21 years of age and have insufficient knowledge of how to maintain a bank account. Repeat 121 11/15/77 122 offenders receive jail sentences, Williams stated, but punishment is generally determined by individual circumstances. He stated that, for lack of sufficient evidence or where reasonable doubt exists, some cases have to be dismissed. Williams said that recent amendments to the "hot check" law have made it more difficult to secure convictions. He also emphasized that it was important for merchants to continue charges even though the violator has made restitution. 122.1 In regard to serving arrest warrants, the City Manager and City Police Chief stated that service is often hampered by outdated information and lack of sufficient staff. Chief of Police Glenn Riggins also noted that vital information regarding the violator is often 30 days old and no longer accurate. Other priorities which demand the police department's time must come first, Grimes stated, leaving little time for service of many of the warrants. 122.2 Mssrs. Obert Undem and George Shelton, Presidents of Mcllroy Bank and First National Bank (respectively), were present to inform the Board of their banks' efforts in educating public school students on maintenance of a bank account. They also spoke of check identification and verification programs which had been established on an experimental basis but that a majority of merchants did not feel the systems would be justifiable for their operations. 122.3 Among the merchants in attendance, Mr. Herb Purvis and Mr. Charles Agee com- plained that, not only did there seem to be ineffective procedures, but also there seemed to be a lack of sufficient punishment to deter violators. They favored new procedures if those procedures would be supplemented with strict enforcement of the "hot check" laws. 122.4 The City Staff felt confident the new procedures would greatly improve the enforcement and prosecution of "hot check" violators and recommended the City Prosecutor be authorized to implement them. Chief Riggins emphasized that merchants should obtain as much identification as possible from check writers. Boyd assured that prosecution of violators would proceed once the warrant is issued, regardless of whether or not restitution had been made. 122.5 Director Malone moved the Prosecuting Attorney be authorized to proceed to implement new procedures for processing "hot check" complaints. Included in Malone's motion was provision that the City Attorney draft a sample notification form which could be used by the merchants. Malone stated that, although he supports enforce- ment of the "hot check" statutes, he did not believe the City should ever indicate that approval of a municipal courtbudget would depend upon the performance of an individual Municipal Judge. He noted that the citizens who express dissatisfaction with the Municipal Judge office have a method of expressing their dissatisfaction at election time. 122.6 Director Henry seconded the motion to adopt the new procedures. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed. SYCAMORE STREET IMPROVEMENT DISTRICT - Board of Assessors 122.7 The City Attorney read a resolution to appoint Keith Schultz, James Sullivan, and Henry Kelly as assessors for the Sycamore Street Improvement District. 122.8 Director Malone, seconded by Noland, moved adoption of the resolution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the resolution passed. RESOLUTION NO. 96-77 APPEARS ON PAGE 218 OF ORDINANCE & RESOLUTION BOOK V 122 1 11/15/77 123 The Board discussed proposed costs of the district and the extent of City cost participation in constructing a bridge over Skull Creek. The district had requested the City bear the entire expense of the bridge construction. The City Manager recommended the City not participate to an extent which would be in conflict with the City's bridge construction participation policy adopted in 1973. Grimes advised that the drainage reconstruction had been com- pleted at the City's expense and that the City will be paying for increased street width and additional base materials as well as bear the expense of a rail crossing. In total, the City will be participating in the amount of approximately $150,000 which Grimes felt to be a sufficient participation on the part of the City. He also recommended the Board waive requirements for sidewalks on each side of the street to allow construction of one sidewalk on the south side. Grimes noted that the area in which the street is to be constructed is to be used primarily CO for light industrial purposes and would not need two sidewalks. 10 Director Malone moved the City participate in the project as recommended U by the City Manager to include: 100 percent participation in extra street width and additional base materials; $47,512 for bridge construction; and 100 percent for construction of the rail crossing. Also, that the sidewalk requirements be Q waived as recommended. Engineer for the project, Ep McClelland, reported the total cost of the project (exclusive of the railroad crossing) to be $242,489. Director Henry seconded the motion to authorize City cost participation and the recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed. ANNEXATION REHEARING - Highway 16 West / Randall & Mildred Barnes and Randall & Ruby Garrison , petitioners 1 Petitioners had requested a rehearing of an annexation petition which, by resolution adopted October 4, was denied since the annexation request was thought to conflict with the Board's recently adopted annexation policy. Attorney Rick Osborne, representing the petitioners, told the Board the petitioners understood the annexation policy to apply to undeveloped subdivisions as well as developed ones. He stated Mr. Barnes was willing to execute a contract to guarantee installation of improvements within one year of the annexation. Noland noted that the annexation would include a portion of an existing county road which the City would be responsible for maintaining. Director Malone, seconded by Noland, moved the contract be accepted. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed. The City Attorney then read an ordinance to annex the property. Director Malone, seconded by Henry, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the second time. 123 123.1 123.2 123.3 123.4 123.5 123.6 11/15/77 124 124.1 Director Malone, seconded by Colwell, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the third and final time. 124.2 There being no further discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE NO. 2395 APPEARS ON PAGE 338 OF ORDINANCE & RESOLUTION BOOK V PARKING METER REVENUES 124.3 The City Manager recommended the Board table consideration of a request for an ordinance to pledge parking meter revenues for retirement of bonds for Off Street Parking Development District One. Director Malone, seconded by Noland, moved the matter be tabled. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the motion passed. ORDINANCE VACATING STREET - Storer Street 124.4 A petition filed with the City Clerk requested the City vacate an unopened portion of Storer Avenue between Lawson and Sycamore Street. The City Attorney read an ordinance to vacate the street as requested and to retain utility ease- ments. 124.5 During slight discussion, Director Colwell expressed concern that future development would have very limited access. The City Manager noted that the street could not be extended because of existing structures. 124.6 There being no further discussion, Director Malone, seconded by Noland, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the second time. 124.7 Director Malone, seconded by Henry, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the oridnance was read the third and final time. 124.8 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE NO. 2396 APPEARS ON PAGE 340 OF ORDINANCE & RESOLUTION BOOK V 124 1 1 1 11/15/77 125 ORDINANCE REZONING PROPERTY - R77-43 / Highway 45 East & Crossover Road / H. II/Trumbo- Freewill Baptist Church, petitioner In behalf of the First Freewill Baptist Church, Howell Trumbo had requested 125.1 rezoning of a 3 -acre tract, located on the southwest corner of the Highway 45 East/Crossover Road intersection, from R-1 Low Density Residential to C-2 Thoroughfare Commercial. The City Attorney noted that the petitioners intend to execute a bill of assurance stipulating that no developments would occur until public sewer is available. The City Attorney read for the first time an ordinance to rezone the property 125.2 as recommended by the Planning Commission. Malone, seconded by Henry, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: (V Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes (Y) Nays: None 11) Absent: Todd U The motion was declared passed and the ordinance was read the second time. QDirector Malone, seconded by Henry, moved rules be further suspended and 125.3 the ordinance placed on third and final reading. The recorded vote was: Q Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the third and final time. Following slight discussion, the Mayor asked if the ordinance should pass. 125.4 The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE NO. 2397 APPEARS ON PAGE 342 OF ORDINANCE & RESOLUTION BOOK V 1 ORDINANCE AMENDING EASEMENT - Villa North To correct a drafting error, developers of Villa North had requested the City 125.5 abandon a dedicated easement on the north side of Lot 17 in exchange for an ease- ment on the south side of Lot 17. The City Attorney read an ordinance to vacate the easement on the north and accept the easement on the south. Director Malone, seconded by Henry, moved rules be suspended and the ordinance 125.6 placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Huhges Nays: None Absent: Todd The motion was declared passed, and the ordinance was read the second time. Director Malone, seconded by Colwell, moved rules be further suspended and 125.7 the ordinance placed on third and final reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the third and final time. There being no discussion, the Mayor asked if the ordinance should pass. The 125.8 recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE NO. 2398 APPEARS ON P'GE 343 OF ORDINANCE & RESOLUTION BOOK V 125 11/15/77 126 RESOLUTION AUTHORIZING CONTRACT - Frisco Railroad 12b.1 The City Attorney read a resolution authorizing execution of a utility pipe- line crossing contract with Frisco railroad for installation of a city sewer line in the Highway 71/Johnson Road area. Director Malone, seconded by Colwell, moved adoption of the resolution. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the resolution passed. RESOLUTION NO. 97-77 APPEARS ON PAGE 219 OF ORDINANCE & RESOLUTION BOOK V ORDINANCE AMENDING PLUMBING CODE 126.2 The Building Inspection Department had requested the Board amend the City plumbing code to specify that drains in or under concrete shall be of cast iron or Type K or L copper tubing rather than plastic. 126.3 Plumbing Inspector Tom Tucker advised that plastic pipe had been allowed under concrete slabs in accordance with recently adopted amendments but that other cities had been experiencing considerable complications with the plastic pipe. Although plastic pipe is less expensive initially, Tucker said the cost savings probably were offset because the plastic pipe required greater installation depth. 126.4 The City Attorney read the ordinance the first time. Director Malone, seconded by Henry, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was placed on second reading. 126.5 Director Malone, seconded by Noland, moved rules be further suspended and the ordinance read the third and final time. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed and the ordinance was read the third and final time. 126.6 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Aeys: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The Mayor declared the ordinance passed. ORDINANCE N0. 2399 APPEARS ON PAGE 344 OF ORDINANCE & RESOLUTION BOOK V 1 1 DAVIDSON STREET SEWER 126.7 The City Manager advised that, since the 1977-78 Water and Sewer Budget held in abeyance specific water and sewer capital projects, authorization was requested 1/ for installation of sewer on Davidson Street. The City Manager stated the installatio would alleviate sewage disposal problems in that area. 126 127 Director Malone, seconded by Noland, moved the project be authorized. The 127.1 recorded vote was: Ayes: Malone, Lancaster, Henry, Noland, Hughes Nays: None Abstain: Colwell Absent: Todd Colwell stated he was a property owner in the area. The Mayor declared the motion passed. RESOLUTION AUTHORIZING 1975 COMMUNITY DEVELOPMENT PROGRAM REVISION - Sewer Projects Community Development Administrator Charles Hoffman advised that the 1975 127.2 (v program had established certain project amounts for line items but that the amounts 101 had been exceeded. Auditors had suggested the line item amounts be adjusted and lin approved by the Board. Following slight discussion, Director Malone moved adoption V of the resolution authorizing the adjustments. The motion was seconded by Colwell. The recorded vote was: Q Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Q Nays: None Absent: Todd The motion was declared passed. RESOLUTION NO. 98-77 APPEARS ON PAGE 220 OF ORDINANCE & RESOLUTION BOOK V OTHER BUSINESS 1. The City Manager requested authorization to present a statement to the Arkansas 127.3 Pollution Control Commission regarding a proposed landfill site for Sunray Sanitation. Director Noland, seconded by Colwell moved the authorization be granted. The record- ed vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed. 2. At the suggestion of the City Manager, Director Malone, seconded by Henry, moved 127.4 the City offices close on November 24 and 25 in observance of Thanksgiving. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Noland, Hughes Nays: None Absent: Todd The motion was declared passed 3. The Board discussed briefly sewage disposal problems in the area of Church 127.5 and Spring Streets. The City Manager reported he had requested information and recommendations from the City Engineer regarding solution of the problem. APPROVAL OF MINUTES The City Attorney requested the minutes of the November 1 meeting be amended 127.6 by deleting the phrase "...of.'the firms contacted," from paragraph 119.4. There being no further amendments necessary, the Mayor declared the minutes approved as amended. 127 11/15/77 128 ADJOURNMENT 128.1 There being nogfurther business for the Board's consideration, the Mayor declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk APPROVED: t Ernest E. Lancaster, Mayor 128 1 1 1 AM-