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HomeMy WebLinkAbout1978-02-07 Minutes1 169 MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS February 7, 1978 The Fayetteville City Board of Directors met in regular session on February 7, 1973, at 7:30 p.m., in the City Administration Building Board Room. PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene Westbrook; and Directors Ernest Lancaster, John Todd, Paul Noland, Al (V Hughes, David Malone, Philip Colwell, and Ann Henry. 10 ABSENT: None QOTHERS PRESENT: Members of the audience and representatives of the news media. Q CALL TO ORDER The Mayor called the meeting to order. Following roll call and a moment of respectful silence, the Mayor asked for consideration of the first item of business. CITY HOSPITAL AND GERIATRIC CENTER The City Hospital Board of Trustees had requested the Board discuss the needs 169.1 of the institution. Members of the governing board and its Chairman, Harry Vandergriff, were present to inform the Board of the hospital's present and future needs. Mr. Vandergriff introduced Dr. Joe Hall, trustee, who gave a detailed presentation of the hospital's financial status and needs, and advised the Board of the services provided by the institution. Doctor Hall discussed the services provided to the elderly and how demands 169.2 for such services are expected to increase over the years. Although Medicare and Medicaid programs assume some of the expenses for providing the care, Dr. Hall informed that the programs are not oriented towards long-term care for the chronically ill geriatric patient. Hall felt that the institution provided unique services, particularly in that the hospital complements the nursing home by providing services, personnel, and equipment. He noted that 500 admittance applications are pending, many of the applicants are currently being cared for by family members who are Fayetteville citizens. Future plans for the facility include the addition of 60 or 75 extended care beds, recruitment of a physical therapy and rehabilitation specialist, and the provision of geriatric care training for personnel, family, and students. A major problem associated with the funding programs is that the hospital is 169.3 having to absorb expenses for services not considered allowable under Medicare or Medicaid. So long as the patient mix remains as it is, there will always be a deficit, according to Acting Administrator Allen Prather. He said the hospital depends upon government reimbursement for an 80% Medicare/Medicaid patient mix. Prather said that, each year, allocation of costs between the hospital and nursing home sections become more closely scrutinized resulting in disallowances which must be absorbed by the hospital Regardless of how efficiently the institution operates, Medicare will not pay the entire cost of the per diem. Prather said that outstanding accounts payable amount to $275,000 and long-term debt stands at $370,000. 169 2/7/78 170 170.1 Prather advised that auditors would soon conduct cost audits and prepare cost statements, however, there are no plans at this time for a full-scale audit. 170.2 Director Noland acknowleged that there is a great deal of concern among the City's citizens, particularly the elderly, for the hospital's future. He stated that, at present, the City has no funds with which to subsidize the hospital but mentioned the fact that funds may be available in the future though it is not known how much the City might be able to commit. 170.3 At the suggestion of Mr. Vandergriff, and agreement of the Board, the Mayor appointed a committee of Directors Todd (Chairman), Hughes, and Malone to meet jointly with a committee of the Board of Trustees for the purpose of studying the hospital's physical and financial needs in detail and the possibility of providing some City funding. Director Todd invited other Board members to submit questions and ideas to the committee during its deliberations. In reference to a recent study conducted by a hospital administrative consulting firm, Mr. Prather stated that the firm concluded it could have operated the hospital at a profit but that the profit would not be sufficient to pay for the consultant's fees. Mr. Vandergriff stated that a fund drive to retire current debt had been postponed due to recent announcements that the City would seek a one -percent sales tax. 170.4 No further action was taken by the Board. ORDINANCE REZONING PROPERTY - R77-49 / Green Acres Road / City of Fayetteville, petitioner 170.5 The petition requested rezoning 1.07 acres, located on the west side of Green Acres Road at the intersection of Highway 71 North, from R-0 Residential Office to C-2 Thoroughfare Commercial. The Board had tabled consideration of the petition until this meeting to allow renotification of property owners. The City Attorney read an ordinance to rezone the property as requested and as approved by the Planning Commission. 170.6 Director Henry, seconded by Colwell, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None Abstain: Hughes The motion was declared passed and the ordinance was read the second time. 170.7 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, Todd, Noland Nays: None Abstain: Hughes The motion was declared passed and the ordinance was read the third and final time. 170.8 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None Abstain: Hughes The Mayor declared the ordinance passed. ORDINANCE NO. 2411 APPEARS ON PAGE 6 OF ORDINANCE & RESOLUTION BOOK VI 170 2/7/78 171 REZONING APPEAL - R77-54 / Garland & Sycamore Streets / Sam Mathias, petitioner II/The petitioner appealed the Planning Commission's denial to rezone 5 acres, 171.1 located on the northeast corner of Garland Avenue and Sycamore Street, from R-1 Low Density Residential to R-2 Medium Density Residential zoning district. Director Todd questioned the sufficiency of the appeal request, noting that 171.2 the request had not specifically stated why the petitioner felt the Planning Commission's decision should be reversed. The City Attorney agreed that the appeal request was technically insufficient and advised that the Board could either refuse to consider the appeal because of the technicality, or it could table the appeal request to allow the petitioner to make his appeal more specific. Director Malone proposed the appeal be heard in view of the fact that a number of (V persons were in attendance specifically for the appeal. (Y) Representing the petitioner was attorney Marshall Carlisle who stated that 171.3 he and his clients had met with residents opposing the rezoning in an effort to V resolve differences which were expressed at the Planning Commission hearing. He Q said a proposed development plot plan was presented to a number of those in opposi- tion but was informed the people would continue to oppose, in principle, the develop- ment of a multi -family complex. Carlisle believed it would be economically impossible for the property to be 171.4 developed for single-family purposes since the price of the property is too high. He speculated the property, zoned as R-1, could remain undeveloped for a lengthy period and eventually developed for multi -family purposes by a developer who is not as sensitive to the people's opposition. He noted that both the planning con- sultant and the long range land use plan recommends the parcel be rezoned as requested. Mr. Danny Wright addressed the Board in behalf of the opposing residents. 171.5 Noting that the desires of the people could be reflected by the approximately 20 or 30 persons present to oppose the appeal, Wright felt it was the Board's duty to consider their opposition. He said that 80 signatures had been obtained on petitions opposing the rezoning. Wright said the group was not so much concerned about the design of a development as it was about the possibility that a develop- ment for multi -family apartments would be allowed. He did not think economics was a sound basis for allowing the R-2 classification since it was their contention that there is a demand for owner -occupied single-family dwellings. lis. Debra Wisenhunt stated she was not satisfied with the consultant's recom- 171.6 mendation which stated that the property was not suitable for single-family dwellings since the strucutures would have to front Garland Street. She noted that single-family homes sell relatively quickly after being placed on the market. Ms. Wisenhunt was concerned that a multi -family complex would substantially increase traffic and that an access for the development might be located directly across from her property. Ms. Brenda Bullion said she recently purchased and occupied a home in the 171.7 neighborhood with the understanding that the property was zoned R-1 and that there was no plan for changing the zoning. She felt the development of multi -family dwellings would have detrimental effects upon the quality of life in the neighbor- hood by lowering the standard of life as well as property values. Mr. Bill Isaacs was also present 1D speak in opposition to the appeal and was 171.8 particuarly concerned that existing poor drainage would be aggravated with develop- ment of an apartment complex since much of the ground would be covered with concrete. Also speaking in opposition to the appeal were Mrs. Mildred Brooks and Plrs. A. J. Marti. Director Todd felt that a critical factor involved is the traffic which would 171.9 be generated by a development of a large apartment complex. He moved the appeal 171 2/7/78 172 be denied. Director Henry seconded the motion and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the appeal denied. TAXICAB LICENSE APPLICATION 172.1 An application had been submitted by Virginia and David Miller seeking a Certificate of Public Convenience and Necessity (taxi permit). The matter was tabled at the January 16, 1978 meeting. 172.2 Attorney Larry Douglas represented the applicants before the Board and in- formed that the applicants had operated a taxi company in Springdale for the past 8 months. He indicated that their interest in establishing a second taxi company was a result of their examination of the existing taxi operation in Fayetteville. He said the applicants propose to operate a 24-hour service and plan to have a number of vehicles necessary to adequately take care of the City's needs in the area. Douglas told the Board that the Millers propose to own the vehicles but they had not specifically stated how many vehicles will operate at any one time. Plans are that the Millers will establish a separate 24-hour operation with offices as centrally located to the square as possible. 172.3 The City Attorney advised the Board as to requirements of the City's ordi- nances regarding taxicab operations and stated that the Board has no obligation to grant an exclusive franchise to any company. He said the certificate will not become effective until after the proper bond or proof of sufficient liability in- surance has been filed with the City. 172.4 Director Noland recalled that at one time a City Board had felt there was a need for two companies. Noland felt that the need for two companies might still exist. Director Malone moved the certificate be granted conditional upon com- pliance with other requirements of theordinance. The motion was seconded by Todd. 172.5 Mr. Mike Dabney, representing the owner of the existing cab company, spoke in opposition to the application. He said his client believed that operation of two cab companies would be unhealthy for either or both companies. Dabney refuted statements of Miller's application which claimed that customers of the present company had experienced lengthy delays in service. He said that lengthy delays are not common to the operation unless it is during inclement weather. 172.6 The Mayor asked if the motion to approve the certificate should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed. RESOLUTION APPROVING COMMUNITY DEVELOPMENT PROGRAM - 1978 172.7 At the public hearing held by the Board on January 16, 1978, the Board con- sidered the proposed 1978 Community Development program in the amount of $745,000. Acting CD Administrator David McWethy informed the Board that, since the last meeting, notification had been received that the total funds to be available for 1978 totalled $743,000. He said he had administratively adjusted the housing assistance allocation downward by $2,000 to compensate for the new total. 172.8 There being no discussion, Director Malone moved adoption of a resolution to approve the 1978 Community Development program. The motion was seconded by Noland and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed. RESOLUTION NO. 6-78 APPEARS ON PAGE 8 OF ORDINANCE & RESOLUTION BOOK VI 172 1 1 .'i 2/7178 173 COMMUNITY DEVELOPMENT REHABILITATION CREW II/In a memo addressed to the Board, Acting CD Director McWethy proposed that 173.1 the City hire employees to staff a Community Development housing rehabilitation crew to supplement, not replace, current contractors. He cited several problems which have caused the program to fall behind. A significant problem for the program is that only two contractors have been bidding for projects. McWethy stated that large contractors do not want to be involved in the small jobs. McWethy felt the City had overburdened the contractors by awarding more projects than they can complete and felt that the program could be better planned so that work can correspond with weather conditions. He advised the City should expect to pay the crew prevailing wage rates as 173.2 (v required by HUD regulations. The Board expressed concern that the crew would be CO earning higher wages than other city employees. They'were also concerned that, during inclement weather when the crew might be idle, the City would be guaranteeing a 40 -hour work week. McWethy assured that the rehab projects could be so planned that most interior work could be accomplished during inclement weather. Q McWethy said he was proposing a three-member crew to supplement the current 173.3 contractors in the following instances: 1) when all bids received are significantly more than computations indicate they should be; 2) when all bids exceed the amount authorized; 3) when there are no bids on a given structure; and, 4) when there are many structures bid but few bidders. Director Malone moved the three-member crew be hired as proposed in McWethy's 173.4 memo on the basis that the crew would be guaranteed only 24 hours per week. The motion was seconded by Director Noland and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed. APPROVAL OF DOWNTOWN SQUARE LANDSCAPING Parks and Recreation Advisory Board Chairman Skip Holland presented the Board 173.5 with a proposal for the landscaping of the downtown square area. The proposal, submitted by the Hortus company, included the planting and maintenance of trees and plants at a cost of $6,000 for installation and $600 per month maintenance. Holland said the proposal had received approval of the Advisory Board. Holland told the Board that he had secured commitments from downtown banks and owners of the Old Post Office that they would share in 2/3 of the cost of the landscaping expenses. He asked that the City assume 1/3 the cost of installation and monthly maintenance fees„ to be paid from 1978 Parks & Recreation budgeted funds. During discussion, Holland answered questions from the Board regarding _173.6 services to be provided, extent of the plantings, and the effect construction projects would have on the landscaping. Director Noland moved the acceptance of the proposal as recommended by the 173.7 Advisory Board for a landscaping installation and maintenance agreement for 1978. The motion was seconded by Director Todd and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed. ORDINANCE ADOPTING AMENDMENTS TO FLOOD PLAIN REGULATIONS The City Attorney read for the first time an ordinance to adopt, by reference, 173.8 amendments to the City's flood plain building construction regulations. Director Malone, seconded by Todd, moved rules be suspended and the ordinance placed on second 173 2/7/78 174 reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. 174.1 Director Malone, seconded by Henry, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. 174.2 Director Hughes contended the ordinance could not be properly enforced or ad- ministered since the Building Inspection Department had not been supplied with the necessary detailed maps depicting the flood plain levels and required building elevations. He did not feel the City should adopt the ordinance until it had the tools with which to effect implementation. The City Manager agreed that the timing of the amendments was not good but that maps are currently being prepared and it will be a matter of time before they are recieved. Director Noland stated he felt the City was being dictated to by the Federal government. Grimes said the City had no choice in the matter since failure to adopt the amendments would dis- allow the City for participation in the flood insurance program. 174.3 Following discussion, the Mayor asked if the ordinance should pass. The re- corded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd Nays: Hughes Abstain: Noland 174.4 Director Malone, seconded by Henry, moved adoption of the emergency clause. The recorded vote was: Ayes: Malone, Lancaster, Colwell, Henry, Todd Nays: Hughes Abstain: Noland The Mayor declared the ordinance and its emergency clause adopted. ORDINANCE NO. 2412 APPEARS ON PAGE 7 OF ORDINANCE & RESOLUTION BOOK VI RESOLUTION AUTHORIZING ENGINEERING CONTRACT - Drake Field 174.5 The City Manager presented for approval a contract with McClelland Consulting Engineers, Inc., for engineering services for improvements to airport ramps, road- ways, and parking areas in conjunction with the construction of the new Drake Field terminal building. Grimes informed the Board that the contract had been drafted in consideration of the architectural contract and that he felt the proposed fees are reasonable. Grimes stated he is pursuing other sources of supplemental financing of the improvements. Following slight discussion, Director Hughes moved adoption of the resolution to authorize the contract. The motion was seconded by Noland, and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 7-78 APPEARS ON PAGE 10 OF ORDINANCE & RESOLUTION BOOK VI 174 1 1 1 2/7/78 175 ORDINANCE AUTHORIZING WEST FORK WATER PURCHASE CONTRACT The Board considered approval of a proposed water purchase contract with the City of West Fork. With the advice of the City Attorney, the Board completed parts of the contract which would stipulte that the lump sum water connection fee for delivery of water to West Fork would be equivalent to the total cost (including acquisition and engineering costs) for constructing a 10 -inch water main from the south end of Fayetteville's existing 12 -inch water main in the City of Greenland to the point of delivery. Also, that the contract stipulate that West Fork would not be obligated to purchase any water from Fayetteville, but any water purchased by West Fork shall be from Fayetteville and no 'other source. The Board concurred that the water purchased under the contract would be furnished to the buyer for distribution within its present corporate limits and 300 feet on each side of the transmission line, and that the buyer shall have sole discretion as to whether or not to provide services in the 600 feet transmission line area. As required by statute, the City Attorney read an ordinance to authorize the execution of the contract. Director Hughes, seconded by Malone, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colweli,Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Malone, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Roland Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2413 APPEARS ON PAGE 11 OF ORDINANCE & RESOLUTION BOOK VI RESOLUTION AUTHORIZING ENGINEERING CONTRACT - West -Fork Water Distribution System The Board considered an engineering contract with McClelland Consulting Engineers for services in conjunction with construction of a water transmission line from •Greenland to the north limit of the West Fork service area. Director Hughes expressed dissatisfaction that the contract stipulated that the engineer would be reimbursed for travel expenses. He believed travel expenses should come from the engineering fee. • Director Noland; secondedeby•Henr.y, moved adoption of a resolution to authorize execution of the contract. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell,Henry, Todd, Noland Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 8-78 APPEARS ON PAGE 25 OF ORDINANCE & RESOLUTION BOOK VI WAIVER OF STREET CONSTRUCTION STANDARDS - Valerie Drive Mr. Jim Lindsey had requested waiver of street construction standards to . permit improvement of Valerie Drive to less than full city standard but according to recommendations of Street Superintendent Clayton Powell; i.e., establishment of 175 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 2/7/78 176 a subgrade with four inches of SB -2 base with storm drainage and street underdrains, if necessary, and chip seal the road to county standards. 176.1 Mr. Lindsey was present to discuss the matter and told the Board that the developer would be willing to make improvements based upon the "rational nexus" and informed the Planning Commission had approved the developer making the improve- ments in accordance with the Street Superintendent's recommendation. 176.2 Following discussion, Director Malone, seconded by Henry, moved acceptance of the Street Superintendent's recommendation. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The Mayor declared the motion passed. ORDINANCE AMENDING ZONING ORDINANCE 176.3 The proposed ordinance would allow multi -family dwellings as a conditional use in R-0 zoning districts and would amend minimum setback requirements for R-0 property when contiguous to an R-1, R-2, or R-3 district; and, would amend the height regula- tions for buildings in an R-0 district adjacent to R-1, R-2, and R-3 districts. 176.4 The City Attorney read the ordinance the first time. He noted that the amend- ment had been initiated by the Planning Commission. Director Malone, seconded by Henry, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. 176.5 Director Todd, seconded by Noland, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. 176.6 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2414 APPEARS ON PAGE 21 OF ORDINANCE & RESOLUTION BOOK VI RESOLUTION AUTHORIZING AMENDMENT TO SECTION VIII ANNUAL CONTRIBUTIONS CONTRACT 176.7 The City Attorney read a resolution to authorize execution of an amendment to the Section VIII annual contributions contract between the City and the Department of Housing and Urban Development to stipulate a new fiscal year of October 1 through September 30. There being no discussion, Director Henry, seconded by Colwell, moved adoption of the resolution. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The Mayor declared the resolution passed. RESOLUTION NO. 9-78 APPEARS ON PAGE 31 OF ORDINANCE & RESOLUTION BOOK VI ORDINANCE CHANGING STREET NAME - Joe Fred Starr Road 176.8 The City Attorney read an ordinance to change the name of Joe Fred Starr Road to Starr Drive. The Board noted that no reason had been given for the name change request. 176 1 1 1 2/7/78 177 Director Colwell, seconded by Malone, moved rules be suspended and the ordi- 177.1 111 nance placed on second reading. The recorded vote'was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. Director Malone, seconded by Colwell, moved rules be further suspended and 177.2 the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. Director Hughes believed the City should be reimbursed for expenses in changing 177.3 N the street sign. The Mayor asked if the ordinance should pass. The recorded vote was: CO Ayes: Malone, Lancaster, Henry, Todd, Noland 10 Nays: Hughes, Colwell U The Mayor declared the ordinance passed. ORDINANCE NO. 2415 APPEARS ON PAGE 22 OF ORDINANCE & RESOLUTION BOOK VI i ORDINANCE WAIVING BID REQUIREMENTS - Cast Iron Pipe and Fittings The City Attorney read an ordinance to authorize waiver of bid requirements for cast iron pipe and fittings, soil pipe, water meters, brass water and sewer items, copper pipe and fittings, and plastic pipe and fittings until December 31, 1978. Purchasing Officer Sturman Mackey was present to inform the Board that vendors of the items refuse to submit firm bids on a yearly basis since the price of the items vary due to costs of metals, steel and plastic, labor contract nego- tiations, etc. He said the manufacturers could not guarantee deliveries within areasonabletime because they contend they are still in a fuel crisis. Under the quotation method, Mackey said he proposes to require 25% bond on price quotations if delivery is not made within 90 days. Although four major manufacturers have said they will not submit quotations under those conditions, Mackey said one firm is interested in doing business with the City. Manufacturers prefer the City opt for a 6 -month minimum delivery date but Mackey said the City had to plan its programs on a more timely basis. The Board discussed possibilities of pooling the City's purchasing needs with those of surrounding cities. Mackey was of the opinion that delivery would not be improved under such a system. Upon completion of discussion, Director Hughes moved rules be suspended and the ordinance placed on second reading. The motion was seconded by Director Todd, and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. Director Hughes, seconded by Colwell, moved rules be further suspended- and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The ordinance was declared passed. ORDINANCE NO. 2416 APPEARS ON PAGE 23 OF ORDINANCE & RESOLUTION BOOK VI 177 177.4 177.5 177.6 177.7 177.8 177.9 2/7/78 17S ORDINANCE AMENDING CODE - Section 17-16 / Coin Operated Amusements 178.1 The City Manager recommended the City repeal sections of the Code which pro- hibit operation of amusement devices by persons under 18 years of age. 178.2 The City Attorney read an ordinance to amend the code as recommended. Director Malone, seconded by Hughes, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the second time. 178.3 Director Malone, seconded by Colwell, moved rules be further suspended and the ordinance placed on. third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. 178.4 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The Mayor declared the ordinance passed. ORDINANCE NO. 2417 APPEARS ON PAGE 24 OF ORDINANCE & RESOLUTION BOOK VI ORDINANCE AMENDING ORDINANCE 2345 178.5 The City Attorney read an ordinance to amend Ordinance 2345 to correct an erroneous legal description. Director Malone, seconded by Todd, moved rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays:, None The motion was declared passed and the ordinance was read second time. 178.6 Director Colwell, seconded by Todd, moved rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed and the ordinance was read the third and final time. 173.7 The Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The Mayor declared the ordinance passed. ORDINANCE 2418 APPEARS ON PAGE 25 OF ORDINANCE & RESOLUTION BOOK VI APPROVAL OF MINUTES 178.8 The Mayor asked if there be any amendments to the minutes of the January 16, 1973 meeting. Director Malone requested paragraph 164.3 be amended to read: "The Board con- curred and the City Manager stated he would furnish information about the task force. There being no further amendments, the Mayor declared the minutes approved as amended. OTHER BUSINESS RESOLUTION ,AMENDING GRANT AGREEMENTS - Drake Field 178.9 The City Attorney read a resolution to amend grant agreements 6-05-0020-06 and 6-05-0020-07 to increase the Grant amount and change the project description. 1 1 178 1 1 2/7/78 179 Director Todd, seconded'by Colwell, moved adoption of the resolution. The 179.1 recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The resolution was declared adopted. RESOLUTION NO. 10-78 APPEARS ON PAGE 32 OF ORDINANCE & RESOLUTION BOOK VI MISCELLANEOUS 1. The City Manager called the Board's attention to the United Community Services 179.2 N request for a City representative. (Y) 2. The City Manager recommended the City send a representative to the annual 179.3 ID City Congressional Conference to be held in Washington, D. C. Grimes believed U it was important to have a representative present since the current trend seems to favor channeling funds to northeastern cities. 3. The City Attorney advised that the status of the litigation between the City 179.4 and Donrey in regard to the sign ordinance had changed. He said the court had ordered the plaintiff to respond to the City's motion for summary ,judgment. 4. The Board discussed reactivation of the citizens task force to discuss ques- 179.5 tions concerning the proposed one -percent sales tax. The Mayor felt the group should be consulted for their recommendations and input. Director Todd moved that the task force be asked to reactivate and address the questions submitted by the Board. Malone seconded the motion and the recorded vote was: Ayes: Hughes, Malone, Lancaster, Colwell, Henry, Todd, Noland Nays: None The motion was declared passed. r ADJOURNMENT There being no further business for the Board's consideration, the Mayor 179.6 declared the meeting adjourned. ATTEST: Darlene Westbrook, City Clerk APPROVED: Ernest Lancaster, Mayor 179