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HomeMy WebLinkAbout1979-03-01 Minutesni fI MINUTES OF A BOARD OF DIRECTORS MEETING March 1, 1979 The Board of Directors met at 7:30 P.M., March 1, 1979, in the Directors Room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Directors Ernest Lancaster, John Todd, Paul Noland, Rick Osborne, Phil Colwell and Ann Henry, City Manager Don Grimes,City Attorney Jim McCord, City Clerk Angie Medlock, and Adminstrative Assistant David McWethy. ABSENT: None. OTHERS PRESENT: Members of the audience and representatives of the news Op media. 0 CALL TO ORDER QFollowing a moment of respectful silence and roll call, the Mayor called for consideration of the first item of business. 1 TAXICAB REVOCATION DISCUSSED - Razorback Express City Manager Don Grimes explained that the current franchise holder, 1.1 Willis Rose of Razorback Transportation and Express, has failed to comply with the insurance coverage provision of the city ordinance and after discussions with the City Attorney and Police Chief, the staff feels they have no alternative but to recommend revocation of the franchise. Attorney Marshall Carlisle, representing Willis Rose, stated that he had 1.2 contacted the insurance commissioner for the state and advised him that in his opinion, the insurance company with which Rose has insurance had not complied with the law by revoking the insurance and Carlisle had requested the commissioner investigate this. He said the commissioner has been investi- gating the matter for the past three weeks and Carlisle said he was advised by telephone this morning that two of the five taxicabs originally insured by the company would continue to be covered by insurance. Carlisle stated that at the present time only two cabs are operating and those two have been sufficient to provide service. He said Mr. & Mrs. Randall Barnes are willing to operate two additional cabs for Mr. Rose, if needed. Carlisle commented on the history of problems Mr. Rose has had with the taxi business since going into operation. Marshall Carlisle stated that he feels there is going to have to be a 1.3 complete reworking of the rate structure for the taxi business. He said "one of the biggest problems is obtaining decent drivers and decent vehicles and said he (Rose) could not do this under the present rate structure". Carlisle pointed out that Mr. Rose must spend $72 per day to keep a dispatcher working 24 hours per day and said, the City should look at the ordinance to determine if the 24-hour dispatcher requirement should be amended. Carlisle stated that Mr. Rose does not receive very many calls between 8:00 p.m. and 5:00 a.m. Mr. Rose, in response to complaints that the dispatcher at times did not 1.4 answer the phone, explained that once during the bad weather he nad'worked 40 hours straight and did abandon the telephone for a time so he could get some sleep. Carlisle noted that Mr. Barnes, who previously owned the taxi business had told him that his wife answered the phone for him so he did not have to hire a dispatcher for the entire 24 hours as Rose has to do. Carlisle 3-1-79 2.1 2 said further, he doesn't think the City has any grounds whatsoever for revoking Rose's frnachise but he does feel the City has an obligation to approach the problems of the taxi business and try to do something about them. He stated that the cost of operating a taxi business is not necessarily different than that of operating the EMS service at the hospital. 2.2 Ann Hauser stated that, working at the hospital, she sees the problems people have trying to get a cab. She said a patient at the hospital recently waited about two hours to get a cab. She noted that the things which Carlisle had said Rose would do, when the franchise was granted, have not materialized, and she was concerned about drivers using their own cars as taxicabs. Hauser said she had received a number of calls from elderly people complaining about the taxi service and said the elderly people should be given consideration because they are the ones who are helpless. 2.3 Jay Williams stated that he had driven a cab for thirteen years and said he feels Mr. Rose is doing the best he can. He said that, given a little more time, he feels Mr. Rose will be able to operate the business in a way which will satisfy the City. 2.4 Willis Rose stated that at the time he commited himself to the taxi business he was under the impression he would have the only taxi franchise in the City but the night of the meeting David Miller, who also has a franchise, stated that he was planning to open his taxi business. Rose•. said because he had already commited himself, he had no option but to try to go ahead and operate the taxicab service, but the uncertainty of the other business opening up kept him from spending very much money on his business. He commented that he would like to see something resolved on this so he will know whether Mr. Miller will be opening up, or if it will even be feasible for him (Rose) to continue in business. 2.5 Ann Hauser stated that Fayetteville needs a businessman who can run the cab company and if Rose needs help, there are people who would form a committee and make suggestions to help him. 2.6 David Miller stated that he does not feel there is room in Fayetteville for two cab companies and at the time he applied for his franchise, it was his understanding that Randall Barnes was going out of business. He said he had applied for the franchise with full intentions of opening, but when Rose took over Barnes' business, he (Miller) decided not to open because he doesn't feel there is enough business in Fayetteville to support two taxi companies. 2.7 Director Lancaster stated that he feels the Board should revoke Mr. Miller's franchise if he is not going into business. Miller stated that he could open at any time. 2.8 Marshall Carlisle, responding to Hauser's questions, stated that some of the drivers do own their own cabs but said he didn't feel this has any- thing to do with the issue before the board. Ann Hauser also pointed out that at the time Mr. Rose had applied for the franchise, Mr. Carlisle had stated that Mr. Rose was in a position to buy three cabs. Director Todd stated that what is important is that the taxi business is run properly and that the cabs have adequate insurance coverage. Hauser pointed out the problem with persons running their own cabs is that the drivers can just not show up for work. 2.9 Director Lancaster asked why Mr. Rose or his attorney had not contacted the City to let them know that the company has two cabs which are insured and Carlisle stated that they just got this problem worked out with the insurance company that morning. He said the insurance has never been out of force since it was written back in November. Carlisle said this particular insurance company has a rule that they cannot insure more than two vehicles in a taxi 1 1 1 1 3-1-79 fleet and this rule caused the cancellation letter to be written. He said 3.13 the cabs have all been insured every minute until today, except now only two cabs are insured. Director Lancaster stated that he feels the insurance commissioner owes 3.2 it to the City to let them know the insurance was still in effect. Lancaster asked for a response on the accusation that the taxi's had been overcharging and Rose stated that he had one driver who had overcharged someone but Rose had told this driver he would be fired if this happened again. Director Todd questioned if there would be four taxicabs insured and in 3.3 use tomorrow and Mr. Carlisle said there would be. He said Mr. Barnes would get his own insurance, but Mr. Rose would pay for it. Todd asked if they can provide assurance that all cabs in operation have adequate insurance coverage and Carlisle said they could do this as soon as is physically possible. Director Osborne questioned if Mr. Miller is ready to go into operation 3.4 and David McWethy explained that Mr. Miller could go into operation as soon as he opens a dispatch office in Fayetteville and meets other ordinance require- ments. Director Colwell asked if Mr. Miller had not intended to go into operation as soon as the telephone directories came out and Mr. Miller said he has a telephone number reserved for when he gets ready to go into operation. Ann Hauser stated that there was also a problem with Razorback Express' 3.5 telephone having a busy signal for long periods of time and Rose stated that they have experimented with a mobile phone and have had some problems with it and this could have been the cause of the prolonged busy signals. In response to a question from Director Colwell, Willis Rose stated that 3.6 he has been attempting to dispatch up to 18 hours per day himself and has tried to get some of the drivers to dispatch at night and handle the night driving but this has not worked out. Rose acknowledged that he has had problems with personnel and with drivers owning their own cars. He stated also that he is reluctant to go further in debt because he has already spent $10,000 of his own money and borrowed $9,000. Rose also stated, in response to Mrs. Hauser's statements that he had tried to get a cab to the hospital as soon as possible when she called back and explained the circumstances and said he felt it was not more than 15 minutes delay in getting a cab. Rose stated also that for the number of hours he puts into the business he only makes about $400 per month. He said he would definitely start making adjustments and changes in the business if he knew he was the only taxi franchise in the City. In response to Colwell's questions, Rose stated that he had a 15 -year old 3.7 girl dispatching for him for a while but it didn't work out and she no longer works for him. Director Noland moved to extend the franchise for a period of three 3.8 months on a continuing trial basis and evaluate the situation, complaints, insurance, etc. on June 1. Director Lancaster seconded the motion and stated that anyone who would operate a first-class taxi service would not have any competition. Mayor Malone said he would like the City Manager to examine the rate 3.9 structure and the 24-hour dispatcher provision of the taxicab ordinance to determine if revisions need to be made. Director Todd stated that he has been impressed by Mr. Rose's efforts 3.10 and acknowledged that the City does have a problem with public transportation. He agreed that they should give Mr. Rose another chance and perhaps look at ways in which the cab company could be modified to make it more feasible. The recorded vote on the motion was: 3.11 Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed. 4 4.1 '4.2 4.3 4.4 4.5 4.6 4.7 4.8 3-1-79 HISTORICAL DISTRICT ESTABLISHED The City Attorney read an ordinance establishing a historical district in the City of Fayetteville. Director Osborne, seconded by Director Noland, moved the rules be suspended and the ordinance placed on second reading. The recorded vote on the motion was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the ordinance was read for the second time. Director Osborne, seconded by Director Noland, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the ordinance was read for the third and final time. Cy Sutherland was present to express his support for the proposed historical district. He said they are in the process of establishing a National Registry Historical District, and showed slides of homes in the proposed historic district area. He said the establishment of the district will make the homes in the district eligible to receive matching grants and also protects the buildings within the district from damage from a federally funded project. He noted that establishment of the district is by federal legislation and places very little restriction on what a property owner can do with his property. He explained that there is another type of district, a local district, which is controlled by a municipal ordinance, which places certain controls on the buildings within the district. Suther- land said they may come back at a later date with a request for a "local district". He said they plan to name the district the "Big Spring Historical District" and noted that there are approximately 200 houses within the boundary lines of the district they hope to establish, and each house will have a paper documenting the history of the house, and photographs. He said each house in the district will be contacted before the district is established at the federal level. Mr. Sutherland also pointed out that there are five houses on Mt. Nord which they feel should also be established in a historical district. Director Noland questioned if the boundaries for the district are firmly established and Sutherland said they could be altered at the federal level. Director Noland expressed concern that the boundaries should be shown on the inside rights-of-way of the streets, because he felt the boundaries shown on the outside of the streets could prohibit the city from spending any federal money for improvements on the streets or in the rights-of-way. Sutherland stated that it is not the intent of the district to block any water/ sewer extensions or improvements. Director Osborne agreed with Noland's concerns. Mayor Malone asked if they would go through the Board nominating committee to establish a historical committee and City Board members agreed that they should. There being no further discussion, the mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2509 APPEARS ON PAGE 41 OF ORDINANCE AND RESOLUTION BOOK VII. 3-1-79 Following a short discussion, the mayor moved that the Board ask the 551 district to relocate the boundaries as follows: to run along the west side of Fletcher, up to the north edge of Lafayette, along the west edge of Olive, along the south edge of Maple, along the east edge of Willow and the west edge of Willow at the north and south edge of the district, along the north edge of Dickson Street, and the south edge of Rebecca. Herbert Hatfield asked that they exclude his property from the district. 5.2 Mayor Malone amended his motion to delete from the district the Hatfield 5.3 property, thus the boundaries would run. along the east edge of the Hatfield property and back to Washington Avenue. Rick Osborne seconded the motion. Director Todd suggested carrying the line straight north to Lafayette, instead of going up to Mission. Mr. Sutherland said he would agree to this and Mayor Malone amended his motion to reflect this change. Director Osborne seconded the amended motion. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed. 0 Q REZONING APPEAL / Herbert Hatfield The mayor opened discussion on a rezoning appeal from a decision of the Planning Commission for property located on the south side of East Dickson Street approximately 280 feet east of North College Avenue. Herbert Hatfield, present to appeal the decision of the Planning 5.5 Commission stated that years ago the Futral House which used to stand on this property and was used by the EOA was ransacked and burned and they felt it was not practical to rebuild the house after this destruction. He said in order to use the property as he proposed the property would have to be rezoned to build a building and parking lot. Director Noland questioned if the R-0 zoning would take care of a parking lot and Mr. Hatfield explained that he would like to be able to park cars for sale on this parking lot and that would require C-2 zoning. The City Attorney concurred that Mr. Hatfield would not be allowed to extend a commercial operation outside the C-2 zone. David Newbern, noting that he and his family own property in the 5.6 area, was present to reinforce the decision of the Planning Commission. He stated that this had been brought before the Planning Commission in 1976 who had recommended approval of the rezoning, but the City Board had unanimously decided against the zoning change. Newbern said he felt the Planning Commission in 1976 would have done anything to see the property tastefully developed. Newbern said Jim Hatfield had presented a plan for development and stated that Hatfield had said the property could be developed in some way regardless of whether there was a zoning change. Newbern stated that the City Board had looked at the long-range plan and denied the rezoning. Mr. Newbern stated further that the people whomhe represents agree with the statement of the Planning Consultant that this would be a degradation of the residential property. He said they regard this area of the City as a "community asset" and he felt any zoning change which would bring the College Avenue C-2 district closer to the historical area would be a "blow to the efforts people have made" in maintaining that area of the city. Newbern was concerned that any rezoning could possibly establish a precedent on similar intersections and said they would like to see the property developed with the present zoning. Newbern said they feel "any further encroachment of C-2 zoning toward that property, even if it is on the south end of it . . . would be a dangerous precedent and unwarranted". Newbern concluded that the property owners would like the Board to vote against the rezoning. 5.4 1 3-1-79 6 6.1 Larry Browne, representing the Washington County Historical Society said they oppose any rezoning and would like to see the property remain as is. 6.2 Herbert Hatfield stated that there is not much expansion room left for his business. He pointed out also, that if Washington Avenue was connected to the bypass it would help alleviate the traffic on College Avenue and the area between Washington Avenue and College Avenue could be developed, stopping at Dickson Street. He said this would allow the area to be cleaned up and made desirable instead of the way it is where nothing can be done with the property. 6.3 Mrs. Byroade, 339 Washington Avenue, said they are "most anxious that nothing is opened up on Dickson at the end of Washington" because they are concerned that the same thing which happened to College Avenue could happen to Washington Avenue and you would have another "race track full of trucks". She asked if there is any guarantee that Mr. Hatfield will develop the property. Mrs. Byroade said the property has junk on it and a "mosquito pond" and is a disgrace to the City. Mr. Hatfield stated that until the zoning is changed, the property will remain as it is. 6.4 Mr. Hatfield stated that in 1959, when he was on the Fayetteville City Council, he bought the Lawson property after the First Baptist Church refused to buy it when it was offered to them. He said the following year Mrs. Futral approached him to do something with her property and he presented a proposal to the City Council to purchase her property and the property he nad purchased from the Lawsons at the price which he paid for it, to use the Lawson property as a library and the Futral property as a historic site for the City, but the Council turned down this proposal. Mr. Hatfield said he eventually bought the property from Mrs. Futral. He said he feels the Board and the citizens objecting to the rezoning are being very unfair for not allowing the property to be developed into something which will be an asset to the city and community instead of leaving it as is. 6.5 Mayor Malone questioned why Mr. Hatfield feels the Planning Commission's findings and decisions were in error and Mr. Hatfield replied that this 90 feet controls his property and if he can't have the 90 feet also zoned as C-2 then he can't develop his property. He said the Planning Commission is letting the 90 feet hold up construction or development of the property. 6.6 At the request of Director Todd, the City Attorney read the uses allowed in the R-0 zone. In response to Director Colwell, Mr. Hatfield commented that in the event he builds on the property, he would make head -in parking and fence and landscape the property. 6.7 Director Osborne stated that based on the precedent set by the Board on numerous occasions --that is being against the concept of strip zoning, which this appears to be the beginning of what could be strip zoning, and based on the action taken in creating a historic district in the same area, it seems it would be contrary to that for the Board to reverse the decision of the Planning Commission. Director Osborne then moved that the action of the Planning Commission be sustained. Director Henry seconded the motion. 6.8 Mayor Malone stated that he would vote in favor of the motion because he feels 1) there hasn't been any showing of why the Planning Commission decision was in error; and 2) there hasn't been any showing of changed circumstances since the last time a similar petition was presented to the Board and further, he feels it would tend to lead toward degradation of the area near Washington Street, which he considers to be highly unfavorable. The recorded vote on the motion was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed. 1 1 3-1-79 PARKS AND RECREATION ADVISORY BOARD - Nomination Next for consideration was a recommendation from the FayettevilleIII 7.1 Youth Center Board that George Faucette, Jr. be appointed to replace Skip Holland on the Fayetteville Youth Center Board. Director Henry stated that the City Board of Directors has a polncy of not appointing someone to more than one board or commission and Administrative Assistant David McWethy said he had informed the board of this policy and they still recommended Mr. Faucette. Director Todd stated that he feels it would be wrong to appoint someone 7.2 to the committee contrary to the policy of the board. Administrative Assistant McWethy asked if Mr. Faucette decided to resign 7.3 from the board he is presently on if it would be satisfactory with the Board for him to be recommended to the Board and the directors agreed this Q) would be o.k. 0 Director Henry moved they send the recommendation back to the Fayetteville 7.4 CO Youth Center Board and that the board be reminded of the City Board's policy Q concerning one person serving on more than one city board or commission. Director Todd seconded the motion. The recorded vote was: Q Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Q Nays: None. The mayor declared the motion passed. REZONING APPEAL / Dan Epperly / N. Garland The mayor acknowledged that the rezoning appeal submitted by Dan Epperly 7.5 for property located on the west side of North Garland Avenue, just north of Holly Street, had been withdrawn. REZONING / Robert Martin / Storer &North Streets The City Attorney read an ordinance rezoning property located on the 7.6 northeast corner of Storer Avenue and North Street from R-2, Medium Density Residential District to R -O, Residential Office District. Robert Martin was present to represent. Director Henry, seconded by Director Noland, moved the rules be suspended 7.7 and the ordinance placed on second reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. Director Henry, seconded by Director Lancaster, moved the rules be 7.8 further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the ordinance was read the final time. There being no public opposition, the mayor asked if the ordinance 7.9 should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2510 APPEARS ON PAGE 42 OF ORDINANCE AND RESOLUTION BOOK VII. 3-1-79 8 CD RESOLUTION - Authorizing Repayment of Funds 8.1 The City Manager explained that the proposed resolution would authorize the mayorand city clerk to execute an agreement with HUD to repay $257,496.27 to the city's Community Development department over a seven-year period, for expenditures made with CD funds which were later declared ineligible by HUD for funding. Director Todd said he would not agree with the section of the 8.2 resolution which states that the city recognizes 'neligible expendi- tures. He said they may be ineligible from the way HUD looks at them, but he does not look at them as ineligible. Mayor Malone asked CD Director Rick Mason how he would feel about 8.3 deleting this section and Mason stated that if they made any changes to the resolution it would further delay any action and was concerned that if the board initiated any changes it could cause HUD to disapprove the resolution. 8.4 Mayor Malone proposed to delete the part of the resolution which reflects that the City recognizes ineligible expenditures. Director Todd seconded the motion. Rick Mason pointed out that if the Board agreed to the proposed resolution, as is, he would get a letter from HUD releasing the funds immediately. Director Noland stated that whether that particular wording is in the resolution or not, the City is recognizing that there were ineligible funds. The recorded vote on the amendment was: Ayes: None. Nays: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. The mayor declared that the amendment failed to pass. 8.5 Director Henry, seconded by Director Osborne, moved the resolution be approved. Director Todd stated that he would vote against the resolution and that since the repayment will be coming from the general fund, they should make an effort to spend the money in the way in which the citizens would like to have it spent. 8.6 The recorded vote onthe motion was: Ayes: Noland, Osborne, Malone, Henry, Lancaster. Nays: Colwell, Todd. The mayor declared the resolution passed. RESOLUTION NO. 14-79 APPEARS ON PAGE 500F ORDINANCE AND RESOLUTION BOOK VII. DATA PROCESSING AGREEMENT Director Henry moved the resolution authorizing the mayor and city 8.7 clerk to execute an agreement with the consulting group of Sullenberger, Thibault, and Hoyt for data processing be approved. Director Todd seconded the motion. City Manager Grimes noted that this is going to be the first installation 8.8 of this type in the area, which they can point to as a model agreement for people to look at. Mr. Grimes said the staff feels this company will do a good job and recommend the contract be awarded to them. 8.9 Director Henry, seconded by Todd, moved the resolution be approved. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the resolution passed. 8.10 RESOLUTION NO. 15-79 APPEARS ON PAGE 53 OF ORDINANCE AND RESOLUTION BOOK VII. AWARD OF BIDS - Police Vehicles Purchasing Officer Sturman Mackey said one bid was received for police vehicles for $6,617.09 from Whit Chevrolet. He said all other bidders were advised by certified letter but the City received no other bids. He said they had reviewed the specifications with all interested parties but this was the only company who chose to bid. 1 1 3-1-79 Police Chief Glen Riggins, responding to a question by Director Todd, said the Pontiac Impala is the only Pontiac which can have the police package added. He said it seems the dealers only put the police package on certain autbmobiles. Mayor Malone asked if they had sent specifications to more than one Chevrolet dealer and Mr. Mackey said no. Mayor Malone said they may want to send the specifications to other dealers if they encounter this type of problem in the future. Purchasing Officer Mackey also pointed out that they paid $5700 for police vehicles last year and this year the bid received is for oVer $6600. Chief Riggins noted that even with the volume of vehicles the state police department purchases, they received a bid of approximately $6400. Director Henry moved that the bid be awarded to Whit Chevrolet. Director Osborne seconded the motion. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed. BID AWARD - Fire Inspector's Car Purchasing Officer Mackey said they had invited bids for a fire inspector's vehicle and based on the engine requirements of a 350 two - barrel, the bid received was $6,449.00 from Lewis Ford. Mackey pointed out that this was the only bid received meeting engine specifications, since Whit Chevrolet had bid a smaller engine. Director Todd asked if they could use a compact car and Fire Chief Logue said he would prefer having a larger car as it is used to take firemen to fires when substations call for assistance. Following a brief discussion, Director Lancaster .moved and Director Nolandseconded that they readvertise for bids for a car with a 305 cubic inch engine. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed. FIRE CHASSIS Purchasi optional 5 -ma apparatus for Director Ford and that vote was: Ayes: Noland Nays: None. Absent at Rol The mayor dec 9 9.1 9.2 9.3 9.4 9.5 9.6 ng Officer Mackey recommended that the bid for the chassis with 9.7 n cab be awarded to Lewis Ford, and recommended they rebid the the truck. Todd, seconded by Henry, moved the bid be awarded to Lewis 9.8 they readvertise for bids for the apparatus. The recorded , Osborne, Malone, Henry, Lancaster, Todd. 1 Call: Colwell. tared the motion passed. ORDINANCE CORRECTING LEGAL DESCRIPTION - The City Attorney read an ordinance of Ordinance No 2495. Director Noland, the rules be suspended and the ordinance recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Nays: None. The mayor declared the motion passed and time. Ordinance No. 2495 correcting the legal description 9. seconded by Director Todd, moved placed on second reading. The Henry, Lancaster, Todd. the ordinance was read the second 1 3-1-79 Director Todd, seconded by Director Noland, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the ordinance was read the final time. The mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the ordinance passed. ORDINANCE NO. 2511 APPEARS ON PAGE 43 OF ORDINANCE AND RESOLUTION BOOK VII. ORDINANCE CORRECTING ZONING CLASSIFICATION - Ordinance No. 2494 10.2 The City Attorney read an ordinance correcting the zoning district of Ordinance No. 2494. Director Noland, seconded by Lancaster, moved the rules be suspended and the ordinance be placed on second reading. The vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the city attorney read the ordinance for the second time. 10.3 Mayor Malone, seconded by Director Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed and the ordinance was read the third and final time. 10.4 The mayor asked if the ordinance should pass. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the ordinance passed. ORDINANCE N0. 2512 APPEARS ON PAGE 44 OF ORDINANCE AND RESOLUTION BOOK VII. OTHER BUSINESS WAGE RATE DETERMINATION City Attorney Jim McCord said Director Daniels is proposing a settle - 10.5 ment of the City's prevailing wane rate case against the Arkansas Department of Labor whereby the department would issue a new wage rate determination and the wage rates in that determination would be the same as the new federal rates which came down in January. He noted that a number of classifica- tion rates were decreased significantly in that determination. McCord said Mr. Heckathorn, contractor for the youth center facilities has agreed to reduce his contract price by $8,000, and Jack Burge has agreed to compute another wage amount for his contract. McCord said when you combine these two this would justify a savings. McCord said he would recommend that a settlement offer be authorized. 10.6 Director Noland, seconded by Director Osobrne, moved the recommendation of the city attorney be accepted. The recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Lancaster, Todd. Nays: None. The mayor declared the motion passed. UNITED COMMUNITY SERVICE COMMITTEE 10.7 Director Henry stated that she would not be able to serve on the UCS Committee, as nominated by the Board at the previous meeting, because she 1 r 3-1-79 hold's a full time job through the noon hour. Following a brief discussion Director Todd nominated Director Lancaster to serve on this committee. Director Osborne seconded the nomination. The recorded vote was: Ayes: Noland,Osborne, Malone, Colwell, Henry, Todd, Lancaster. Nays: None. The mayor declared the motion passed. HILL PROPERTY SETTLEMENT Mayor Malone said negotiations have finally reached an agreed settlement 11.2 of $113,000, which would also include an agreement by the land owner to vacate the property within 30 days. Malone stated that the last appraisal was approximately $83,000 and the proposal is that Mr. Hill be paid $95,000 for the property and the remainder be allowed for relocation expenses and expenses Q) in the nature of settlement of all lawsuits between the City and Mr. Hill. 0 Mayor Malone moved the acquisition of the property and that the money 11.3 CO be forwarded from the general fund reserve. Director Todd stated that he 0 would vote for this motion on the basis that the circumstances perhaps warrant the additional money to be paid to the property owner, especially Q since the City is no longer having to condemn the property. Director Colwell seconded the mayor's motion and the recorded vote was: Ayes: Noland, Osborne, Malone, Colwell, Henry, Todd, Lancaster. Nays: None. The mayor declared the motion passed. PREVAILING WAGE RATE The City Attorney stated that a judge in Fort Smith had determined that 11.4 the prevailing wage rate does not apply to Act 9 bond projects. MINUTES The minutes of the January 2 and January 16 meeting were approved as 11.5 mailed. Director Noland asked that the minutes of the February 6 meeting be corrected to read on paragraph 472.3 "Ozark Avenue from Dickson Street to Fairview" and "Fairview from Ozark Avenue to Buchanan". Director Todd also asked that the vote on paragraph 468.5 be checked to determine how he voted on this item. It was determined that both Todd and Lancaster voted "Nay" on the amendment. With these corrections, the minutes were approved as submitted. 11.6