HomeMy WebLinkAbout1978-02-20 Minutes180
MINUTES OF A SPECIAL SESSION OF THE BOARD OF DIRECTORS
February 20, 1978
The Fayetteville City Board of Directors met in special session on February 20, 1978;
at 7:30 p.m., in the City Administration Building Board of Directors Room.
PRESENT: City Manager Don Grimes, City Attorney Jim McCord, City Clerk Darlene
Westbrook; and Directors John Todd, Paul Noland, Al Hughes, David Malone,
Philip Colwell, and Ann Henry.
ABSENT: Director Ernest Lancaster
OTHERS PRESENT: Members of the audience and representatives of the news media.
CALL TO ORDER
180.1 In the absence of Mayor Lancaster, Vice -Mayor Todd called the special session
to order for the purpose of considering agenda items which would have normally been
considered on the regular meeting date of February 21, 1978. Following roll call
and a moment of respectful silence, Vice -Mayor Todd called for consideration of the
first item of business.
REZONING APPEAL - R78-1 / Highway 16 West / Randall Barnes, Ray Rastall, petitioners III
180.2 The petitioners had requested the Planning Commission approve rezoning 30 acres
located on the north side of Highway 16 West, 1; miles west of U. S. 71 Bypass, from
A-1 Agricultural to C-2 Thoroughfare Commercial and R-2 Medium Density Residential.
The petitioners appealed the Planning Commission's final approval to rezone all the
property R-1 Low Density Residential.
180.3 Attorney Richard Osborne was present to represent Mr. Barnes in the appeal.
Osborne stated that Barnes had been under the erroneous impression that approval of
a preliminary plat of the development showing the proposed R-2 zoning classifications
had also granted approval of the R-2 zoning. Although the R-2 was not approved at
the time of the plat approval, Osborne felt that approval of the plat showing R-2
classifications indicated a willingness on the part of the Planning Commission to
have R-2 in that area. Osborne stated that public sewer had been extended westward
to Barnes' property and at Barnes' expense. Osborne contended that development
at the Ruple Road intersection east of Barnes' property was not likely in the near
future since sewer is not available. He did not believe that sewer would be available
in the near future since installation of a sewer lift station would be required.
180.4 The petitioner felt that commercial is desirable in the area since the nearest
commercial center was several miles away. Citing existing duplexes in the area,
Osborne believed a need for additional housing exists in the area. He said the
petitioner would be willing to execute a bill of assurances that only duplexes would
be constructed in the R-2 area. He said his client was aware that duplexes could
be placed in R-1 on a conditional basis but that the conditional use permit would
not allow his client to construct the number of duplexes which he desires.
180.5 Osborne informed the Board that the rezoning request did not include all the
land that will eventually be subdivided, but that it did represent what they believed
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to be a logical zoning progression; i.e., commercial and R-1 residential buffered
by R-2 residential.
Director Colwell felt establishment of R-2 prior to R-1 residential would be 181.1
a desirable method by which to avert future disagreements over rezoning after the
R-1 residential had been established. Director Malone said that the Board had committed
itself to location of commercial activities at mayor intersections approximately
one mile apart. He believed a commitment for commercial at this location would
result in similar requests for commercial along the entire corridor of Highway 16
West and could ultimately result in the commercial stripping similar to that of
Highway 71. He also emphasized the expense and inefficiency of providing services
to the peripheal areas of the City when much vacant land remains to be developed
nearer the City. He felt it would be better to rezone areas closer to the City for
N R-2 usesrather tha providing R-2 at the edge of the City which would result in a
strain on provision of City services. He believed the Board was faced with making
a decision which would be in the best interest of the City and believed the Planning
Q Commission had made a decision based on guidance of previous City boards.
QOsborne argued that approval of the request would not constitute strip zoning 181.2
and reiterated that development at the Ruple Road intersection would depend upon
the installation of a sewer lift station. Osborne felt that lack of flexibility
on the Board's policy could result in the installation of septic tanks.
Director Colwell noted that considerable commercial activity is developing 181.3
west of the City and that Barnes' property was annexed recently so that the resi-
dents would pay for the City services received. City Manager Grimes stated that
he had understood that the annexation dealt with residential development. Director
Malone did not feel that the request was so much wrong as it was premature,
particularly since services are more efficiently provided to areas close -in rather
than to those lying on the fringes of the City. He moved the entire 30 acres be
rezoned R-1. The motion was seconded by Director Noland and the recorded vote was:
Ayes: Malone, Henry, Todd, Noland, Hughes
Nays: Colwell
Absent: Lancaster
The motion was declared passed.
The City Attorney read an ordinance to rezone the property R-1. Director 181.4
Noland, seconded by Malone, moved rules be suspended and the ordinance placed on
second reading. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the second time.
Director Malone, seconded by Henry, moved rules be further suspended and the 181.5
ordinance placed on third and final reading. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland; Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the third and final time.
During further discussion, Director Malone indicated he might reconsider his 181.6
position if a plat of the entire development could be submitted which would show
street extension, particularly that of Carriage Way, which might result in the
creation of a mayor intersection. Director Colwell, seconded by Hughes, moved
the ordinance be tabled to allow the petitioner to formulate a more specific plat.
The recorded vote was:
Ayes,: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was left on third reading.
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ORDINANCE REZONING PROPERTY - R78-2 / Johnson Road & Highway 71 Bypass / Helen Adams
182.1 The petitioner had requested rezoning 3.02 acres, located on the northeast
corner of the Johnson Road and 71 Bypass intersection, from I-1 Heavy Commercial
to C-2 Thoroughfare Commercial.
182.2 During discussion, Mr. Ed Adams, representing the petitioner, stated that
the petitioner was aware that a portion of the property was in a flood plain and
that the State Highway Department is currently considering plans for the construc-
tion of either an overpass or access ramps at the intersection. Adams stated he
had been in contact with the Highway Department who indicated that the plans for the
intersection are still tentative. He doubted that any development would qualify
as large scale since the existence of the flood plain would limit the amount of
developable land. He said that construction would not be planned until Highway
Department plans for the intersection had been finalized.
182.3 The City Attorney read an ordinance to rezone the property above a mean sea
level of 1,191 feet as C-2 Thoroughfare Commercial, and that property lying below
the mean sea level of 1,191 feet as F-1 Flood Plain. Director Malone, seconded
by Henry, moved rules be suspended and the ordinance placed on second reading. The
recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the second time.
182.4 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, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the third and final time.
182.5 There being no further discussion, the Vice -Mayor asked if the ordinance should
pass. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The ordinance was declared passed.
ORDINANCE NO. 2419 APPEARS ON PAGE 26 OF ORDINANCE & RESOLUTION BOOK VI
ORDINANCE REZONING PROPERTY - R78-3 / Zion Road / Ball Family Trust, petitioner
182.6 The petitioner had requested rezoning 7.44 acres, located on the south side of
Zion Road, west of Highway 265, from A-1 Agricultural to R-1 Low Density Residential.
The City Attorney informed that the petitioner had executed a bill of assurance that
no development would occur until sewer facilities are available.
182.7 The City Attorney read an ordinance to rezone the property as requested and as
approved by the Planning Commission. Director Hughes, seconded by Malone, moved
rules be suspended and the ordinance placed on second reading. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the second time.
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Director Hughes, seconded by Malone, moved rules be furhter suspended and the 183.1
ordinance placed on third and final reading. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the third and final time.
There being no discussion, the Vice -Mayor asked if the ordinance should pass. 183.2
The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The ordinance was declared passed.
co ORDINANCE N0. 2420 APPEARS ON PAGE 27 OF ORDINANCE & RESOLUTION BOOK VI
UOAKCLIFF STREET EXTENSION
Q A proposal for the extension of Oakcliff, east to Old Missouri Road, was sub- 183.3
Q mitted to the Board by Mr. Neal B. Albright. The proposal offered was that ad-
jacent property owners would participate in material, contract work plus engineer-
ing up to, but not exceeding $6,000; with $4,500 being paid by Albright and
$1,500 being paid by the Church of the Nazarene. The proposal was good for a
period of 60 days from February 8, 1978.
Mr. Don Peterson, resident of a nearby subdivision, recalled that Albright's 183.4
recent rezoning request had been approved after assurances that the proposed
office development would provide a good buffer between the residential area and Old
Wire Road. At the time of the rezoning, he recalled that Albright had stated he
had no interest in opening the street. Extension of the street would, Peterson
believed, counter arguments which had been made in favor of the rezoning approval. He said
exits from the subdivision are available including an outlet onto Old Wire Road
from Stanton Avenue. Most of the traffic remains on Rolling Hills Drive, Peter-
son contended, and an additional outlet onto Old Wire Road would compound existing
heavy traffic volumes. He felt the Board should postpone action on the proposal
until the residents of the neighborhood are able to express their views.
Mr. Albright stated that it had been his intention to seek closure of the 183.5
street but that the Street Superintendent indicated he would recommend the street
extension. Director Todd stated that the extension had been partially initiated
by the Street Superintendent in view of traffic congestion problems at Loxley.
The City Manager stated it seemed obvious that the plat of the area indicated the
street was meant to be extended and he believed the extension should be made.
He admitted that, as a resident of the subdivision, he did have some personal
interest in the project. He proposed, and requested authorization, to extend
sidewalks northeasterly from their existing point of termination towards Butter-
field school. He noted that the sidewalks are used primarily by school children.
Director Malone stated his intention to abstain from discussion and voting since
he has family with property in the area..
Responding to comments by Mr. Peterson that sufficient notice had not been 183.6
given to the residents, Director Noland noted that the proposed extension had been
advertised as an item of the agenda to be considered by the Board. Director Noland
moved the matter be tabled for two weeks to allow residents of the subdivision to
make their views known. The motion died for lack of second.
The City Attorney read a resolution to authorize the extension of Oakcliff. 183.7
Director Colwell, seconded by Henry, moved the adoption of the resolution and that
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the City Manager be authorized to pursue construction of sidewalks in accordance
with his proposal. The Vice -Mayor asked if the motion should pass. The recorded
vote was:
Ayes: Colwell, Henry, Todd, Noland, Hughes
Nays: None
Abstain: Malone
Absent: Lancaster
The resolution was declared passed.
184.1 Mr. Albright clarified that any expenses in excess of $6,000 was proposed to
be assumed by the City.
RESOLUTION NO. 11-78 APPEARS ON PAGE 37 OF ORDINANCE & RESOLUTION BOOK VI
ORDINANCE CHANGING STREET NAME - East Ridge Road
184.2 Property owners of lots facing East Ridge Road in the Country Club Estate sub-
division had requested the Board consider changing the street's name to Fairway
Lane. They indicated that the present name could be confused with East Ridgeway
located in another subdivision.
184.3 The City Attorney read an ordinance to change the name as requested. Director
Noland, seconded by Henry, moved rules be suspended and the ordinance placed on
second reading. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the second time.
184.4 Director Hughes, seconded by Malone, moved rules be further suspended and the
ordinance placed on third and final reading. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent; Lancaster
The motion was declared passed and the ordinance was read the third and final time.
184.5 There being no discussion, the Vice -Mayor asked if the ordinance should pass.
The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The ordinance was declared passed.
ORDINANCE NO. 2421 APPEARS ON PAGE 28 OF ORDINANCE & RESOLUTION BOOK VI
SELECTION OF ENGINEER - Multi Purpose Recreational Facility
184.6 Mr. George "Skip" Holland, representing the Parks and Recreation Advisory
Board, reported that the engineering firm of McClelland Consulting Engineers has
been recommended to be retained to design and supervise the construction of the
multi-purpose recreational facility at the Youth Center. The City Manager stated
that all local architects and engineering firms had been invited to submit proposals
for the project. Holland reported that seven proposals had been received -- six
from architects and one from an engineering firm.
184.7 Present at the meeting was a group of architects who objected to the City
considering retaining the services of an engineer for a project which they felt
was principally an architectural project. Mr. Newt Hailey, architect, stated that
the only engineering firm to respond to the invitation had only recently chosen
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to hire an architect to work on the project. A letter from Mr. Murray Smart,
University of Arkansas School of Architecture, had been received by the Board.
Mr. Smart expressed concern that the City was considering an engineering firm to
perform architectural functions in regard to the construction of the facility.
Architect Carl Russell cited the Arkansas Architect Act which stipulates that 185.1
no person shall practice architecture in the state, or prepare plans or specifica-
tions, for any building located within the state unless the person has complied
with Arkansas registration and licensing requirements. Mr. Elam Denham, architect,
further stated that architecture and engineering are recognized as distinct and
separate professions but that architects may call upon engineers for design services.
He requested the Board consider requesting the Advisory Board to recommend retain-
ing an architectural firm for design of the building.
N Architect Paul Young stated he could not help but feel the City would be 185.2
(Y) better off by retaining an architect for the project. He said he could not recall
ID the City ever considering archi-tectsto do engineering projects. Mr. Hailey said
U they did not object to the selection process but that they would be interested in
Q knowing why an engineer had been recommended. Holland replied that the Advisory
Board had not made any efforts in the selection process until the proposals had
Q been submitted to the Advisory Board and the Youth Center Board after receipt
by the City Manager's Office. An interview committee composed of five persons con-
tacted each person who had submitted aproposal and scheduled interviews.
References were provided by each person and the committee consulted three of the
references provided. He said the interviews carried a great deal of weight in,
his personal decision as well as the proposed fee and the City's ability to work
with the firm or person. However, he said each committee member selected a first,
second, and third choice and indicated the choices by secret ballot. Holland said
that the McClelland firm, .with a proposed 6 percent fee, had proposed one of the two
lowest fees.
The City Manager stated that the City had previously been involved in 185.3
situations where it was difficult to determine if a project was mainly architectural
or engineering. He said the Building Inspector indicated that an engineer, as well
as an architect, could prepare plans for the project and receive approval from the
Inspection Department.
Mr. Ep McClelland stated that the project would have a consulting architect. 185.4
Mr. Hailey stated he had contacted the proposed consulting architect (the firm of
Fletcher, Miller, Dean of Little Rock) and had been informed that there was no
firm written agreement with the McClelland firm. Hailey said the concern was
that the overall control be placed with an architect.
Mr. McClelland recalled events of past years regarding the issue of determining 185.5
which projects require either an architect or an engineer but that no resolution
of the problem resulted. He cited that each engineer and architect shall under-
take projects which principal services required shall be those for which he is
licensed. McClelland contended that more structural considerations than architec-
tural design considerations would be involved. McClelland questioned the necessity
for an architect to be the prime designer since his firm proposed to have an archi-
tect design the structure and an engineer to deal with engineering aspects. He
stated his firm had originally intended to employ an architect. A local architect
declined to provide consulting services, McClelland said, therefore, the firm of
Fletcher, Miller Dean had been contacted. The consulting architect will perform
services common to any design, McClelland stated.
Director Malone recalled that neither professional licensing board had been 185.6
able to agree on scope of services for either the architect or engineer. He said
the City Board had no way of determining those scopes of services but that he
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personally felt the architects had the better legal argument. He said he would
be inclined to favor the Advisory Board recommendation in order to allow the
project to proceed. He said the Board is not equipped to resolve the issue and
stated that the respective professional boards had not been able to agree on
the scopes of services.
186.1 Youth Center Board member Jim McGuire did not think that the arguments being
presented would have affected the final recommendation. He felt the recommenda-
tion represented how the entire committee felt. He did not think the recommenda-
tion would be changed if the process were repeated.
186.2 Upon completion of discussion, Director Malone, seconded by Colwell, moved
acceptance of the recommendation. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed.
RESOLUTION AUTHORIZING APPLICATION FOR ADDITIONAL SECTION VIII FUNDS
186.3 The City Attorney read a resolution which would authorize the application for
additional Section VIII housing funds to provide 120 additional housing units.
During slight discussion, Fayetteville Housing Authority Administrator, Chad Kumpe,
told the Board that the program is available to families who meet certain income
criteria but it is not available to residents of the 235 rent supplement programs.
186.4 Director Noland, seconded by Malone, moved adoption of the resolution. The
recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland
Nays: Hughes
Absent: Lancaster
The motion was declared passed.
RESOLUTION NO. 12-78 APPEARS ON PAGE 38 OF ORDINANCE & RESOLUTION BOOK VI
ORDINANCE VACATING AND ABANDONING ALLEYS
186.5 At the request of the Fayetteville Housing Authority, the Board considered
vacating alleys between Block Avenue and Church Avenue between Spring and Mountain
Streets in order to facilitate the completion of the Urban Renewal project.
186.6 Housing Authority Administrator Chad Kumpe stated that some of the alleys
appear in the plat books but do not physically exist. He noted that HUD will re-
quire all alleys be brought up to standard before the Urban Renewal project can be
closed. Vacating nonexistent alleys would, Kumpe said, avoid confusion during the
process.
186.7 The City Attorney read an ordinance to abandon the alleys as requested.
Director Noland, seconded by Todd, moved rules be suspended and the ordinance placed
on second reading. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the second time.
186.8 Director Colwell, seconded by Noland, moved rules be further suspended and
the ordinance placed on third and final reading. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the third and final time.
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The Vice -Mayor asked if the ordinance should pass. The recorded vote was: 187.1
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The ordinance was declared passed.
ORDINANCE NO. 2422 APPEARS ON PAGE 29 OF ORDINANCE & RESOLUTION BOOK VI
ORDINANCE WAIVING BIDS - Rescue Tool
The City Attorney read an ordinance authorizing waiver of formal bid require- 187.2
ments to permit the purchase of a Hurst rescue tool. Funds for purchase of the
equipment were budgeted in 1978 Revenue Sharing, the City Manager informed. Only
(Y) one supplier of the equipment exists inethe:'area.
Director Noland, seconded by Malone, moved rules be suspended and the ordi- 187.3
U nance placed on second reading. The recorded vote was:
Q Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Q Absent: Lancaster
The motion was declared passed and the ordinance was read the second time.
Director Noland, seconded by Malone, moved rules be fur er suspended and the 187.4
ordinance placed on third and final reading. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed and the ordinance was read the third and final time.
II/The Vice -Mayor asked if the ordinance should pass. The recorded vote was: 187.5
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The ordinance was declared passed.
1
ORDINANCE NLS. 2423 APPEARS ON PAGE 31 OF ORDINANCE & RESOLUTION BOOK VI
WATER LJNE REPLACEMENT - Deane & Porter Road
The City Engineer had requested authorization to proceed with the Deane/Porter 187.6
Road water line replacement project and to accept bids on materials. He emphasized
that the authorization would not award a construction contract. A portion of the
project would be completed with city crews with another portion being let for bids.
Director Henry moved that the City accept low bid on materials for Deane/Porter 187.7
Road waterline replacement and that authorization be given to proceed with bids for
construction of the Porter Road to Raven portion. The motion was seconded by Director
Noland. The recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed.
RESOLUTION AUTHORIZING WATER CONSTRUCTION CONTRACT - Greenland
The City Attorney read a resolution authorizing execution of a contract with
Jerry Sweetser Construction Company for replacement of water lines at Wilson and
Napier Streets in the City of Greenland.
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188.1 City Engineer Don Bunn stated that the pro0ect would exceed the budgeted
amount by approximately $4,000. He said the 8 -inch water line would reinforce
Greenland's system and would allow possible future ties into the rural water
system to the west. Installation of fire hydrants are to be included in the project.
188.2 Director Malone, seconded by Noland, moved adoption of the resolution. The
recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The resolution was declared passed.
RESOLUTION NO. 13-78 APPEARS ON PAGE 39 OF ORDINANCE & RESOLUTION BOOK VI
AMENDMENT TO GREENLAND WATER LINE CONSTRUCTION CONTRACT
188.3 Director Malone moved the contract with Sweetser Construction for the Green-
land water line replacements be amended to allow replacement of several small water
lines in Greenland. The City Engineer, noting that the pro0ect was not budgeted,
recommended expenditure of approximately $15,000 on two line replacements on
Pollard and Caldwell Streets. He said the existing lines are corroding as a result
of soil conditions.
188.4 The motion to amend the contract was seconded by Director Hughes. The recorded
vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The motion was declared passed.
RESOLUTION AUTHORIZING GRANT AMENDMENT - B76 -UR -05-0002
188.5 The City Attorney read a resolution authorizing the Mayor and City Clerk to
execute an amendment to HUD Community Development Block Grant project B76 -UR -05-0002.
Director Hughes, seconded by Henry, moved adoption of the resolution. The recorded
vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The resolution was declared passed.
RESOLUTION NO. 14-78 APPEARS ON PAGE 40 OF ORDINANCE & RESOLUTION BOOK VI
RESOLUTION AUTHORIZING APPRAISAL CONTRACT
188.6 The City Manager recommended the Board adopt a resolution to authorize execu-
tion of an appraisal contract with Associated Appraisers for appraisal of easements
to be acquired in con0unction with HUD pro0ect B76 -UR -05-0002. The City Attorney
read a resolution to authorize the contract.
188.7 Director Noland, seconded by Henry, moved adoption of the resolution. The
recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
The resolution was declared passed.
RESOLUTION NO. 15-78 APPEARS ON PAGE 43 OF ORDINANCE & RESOLUTION BOOK VI
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RESOLUTION AUTHORIZING CONDEMNATIONS - B76 -UR -05-0002
The City Attorney read a resolution to authorize initiation of condemnation 189.1
proceedings in conjunction with HUD project B76 -UR -05-0002. McCord said that
several property owners had declined, for a second time, to provide easements.
Director Todd emphasized that all property owners should have been contacted:a second
time prior to condemnation.
Director Noland, seconded by Colwell, moved adoption of the resolution. The 189.2
recorded vote was:
Ayes: Malone, Colwell, Henry, Todd, Noland, Hughes
Nays: None
Absent: Lancaster
N The motion was declared passed.
CO
RESOLUTION NO. 16-78 APPEARS ON PAGE 47 OF ORDINANCE & RESOLUTION BOOK VI
QAPPROVAL OF MINUTES
Q The Vice -Mayor asked if there be amendments to the minutes of the February 189.3
6, 1978 special session. There being none, the minutes were approved as submitted.
The Vice -Mayor then asked if there be amendments to the minutes of the 189.4
February 7, 1978 regular meeting. City Attorney McCord requested paragraph 179.4
be amended to read: "He said the court had ordered the plaintiff to respond to
the City's motion for summary judgment within a reasonable time." Director Todd
requested paragraph 173.5 be amended by adding that installation and monthly main-
"' tenance fees of square landscaping would be paid from the Parks and Recreation
funds.
There being no further amendments, the minutes were approvedas amended. 189.5
ADJOURNMENT
There being no further business for the Board's consideration, and upon
motion by Director Malone, the Vice -Mayor declared the meeting adjourned.
ATTEST:
Q�a�,,Qi .rc ei r)
Darlene Westbrook, City Clerk
189
APPRO .D
John -odd, Vice -Mayor
189.6