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HomeMy WebLinkAbout1979-02-06 MinutesN CO CALL TO ORDER [f) The Mayor called the meeting to order. After a moment of respectful 453.1 U silence and roll call, the mayor called for consideration of the first item Q of business. Q COMMUNITY DEVELOPMENT PROGRAM The Mayor opened discussion on the 1979-1981 Community Development Block 453.2 Grant program. Director Lancaster asked if CD Director Rick Mason had received clarification 453.3 from HUD concerning a possible conflict of interest concerning CD committee members and EOA and Jim McCord said CD had received a verbal opinion from the HUD area counsel who had consulted with the Wakhington office and felt there is IIIno conflict of interest under their regulations. Rick Mason concurred with McCord's statement. Director Lancaster questioned if the Battered Women's shelter is strictly 453.4 for use by.the citizens of Fayetteville and Martha Butler stated that at the present time the shelter serves Northwest Arkansas but said that could be changed. She said, however, Fayetteville does supply the largest number of clients --four times as many as any other town in the area. Director Lancaster questioned if there has been any consideration given 453.5 to asking Springdale Community Development or the County to help in the funding of the shelter and Butler said it has been considered but they have not yet talked to anyone about this. Butler noted that a portion of the rent on the existing building is paid by the County through EOA. Director Todd questioned if there has been any consideration to changing 453.6 the name to a "Battered Person's Shelter" rather than a "Battered Women's Shelter". Martha Butler explained that at the present time the shelter is trying to help those persons who are severely in need and said this is usually the women. Marcia Mclvor, CD chairperson, stated that'in general this problem is of a much higher magnitude among low income people and said usually the women do not have any way of getting out of a situation. She said the women are trapped economically as well as psychologically. Mclvor pointed out that the shelter would give referral to any men who come to the shelter. Butler also pointed outthat there are only three bedrooms at the existing facility. Director Todd questioned if there are statistics on what percentage of 453.7 use is by low and moderate income families and Martha Butler said the average annual income is a little more than $2,300 for a family with an average of 111 two children. She stated that many women who come to the shelter are virtually penniless. MINUTES OF A BOARD OF DIRECTORS MEETING A regular meeting of the Fayetteville Board of Directors was held on Tuesday, February 6, 1979, at 4:00 P.M., in the Directors room, City Administration Building, Fayetteville, Arkansas. PRESENT: Mayor David Malone, Directors Ernest Lancaster, John Todd, Richard Osborne, Phil Colwell, and Ann Henry; City Manager Don Grimes, City Attorney Jim McCord, Administrative Assistant David McWethy, and City Clerk Angie Medlock. ABSENT: Director Paul Noland. OTHERS PRESENT: Members of the audience and representatives of the news media. 453 454 454.1 454.2 454.3 454.4 454.5 454.6 454.7 Director Henry stated that for the first time there is a place for battered women to go. She said no one on the City Board disputes the need, but said many people are concerned about the City financing what many people see as a social service. She said the problem comes down to whose responsibility it is. Director Colwell noted that there are many social needs in this area and questioned what would happen if later on the program did not have enough money to operate. Marcia Mclvor said her understanding is that the section of eligibility CD is looking at allows several different methods once the building has been acquired for it to be used for the purpose for which it was acquired -- it could be sold, leased, or given to an entity which would run the program itself. She said the title of the building would remain in the name of the City. She said any lease would contain the provision the building would be used for the purpose as programmed and if there is a failure of this use the lease would be broken. Director Colwell questioned what the City would then do with the building and Mclvor said it could be sold and income from that sale would be put back into the CD program for reprogramming. Mayor Malone said he is concerned with the lack of professional support the City is able to give the CD committee in the way of planning aid and help. Malone said he felt the City would be well served to set aside a certain amount of money, solicit proposals, and hire a planner to look at certain areas and give concrete suggestions on what they should do. Steve Anderson stated that the CD Committee may not be in a position to evaluate proposals presented. He suggested an engineer be appointed to the CD committee to evaluate the proposals. Peggy Frizzell asked, in response to Director Henry's question if tax money should be used for social services, where else they could obtain funds for social service. She said the County is using some of their funds for the Battered Women's project and said she would hope the City would do the same by allowing this money to be appropriated through CD. Frizzell noted that the Battered Women's shelter has had a great deal of support until it reached the City Board level and now there seems to be some hesitation. Todd questioned how Frizzell felt about changing the name of the shelter and Frizzell said she would have no objections. Director Todd said he felt there should also be a place for the men to go. Martha Butler said they do have counseling for men but said many of the men which she counsels are the husbands of those women who come into the shelter. Joe Reed, a member of the Board of the Battered Women's Shelter, stated that the funding requested through the CD program is for acquisition of a building which will remain under the City's ownership. He said there is no obligation on the part of the City to maintain or operate the project, even if the City looses CD. Mason noted that CD funds cannot be used for the operation of the program. Mason said he feels the City should retain some type of control and said the lease for the shelter should contain certain stipulations --concerning the upkeep of the building, that they should serve 51% low and moderate income persons, that they would provide monthly state- ments testifying to this fact, and any other stipulations needed. He stated that if the shelter did not live up to the stipulations, the lease would be broken. Sylvia Swartz questioned Todd if he would be agreeable to changing the name to the "Family Crisis Center" and Todd said this would be agreeable. He stated that he feels the name "Battered Women's Shelter" is a significant barrier. Bob Brandon said the shelter is presently operating with county and federal funds and said they are expecting to receive $10,000 through ACTION and are also anticipating applying for money from United Fund. He said they tn U Q r 2-6-79 are also receiving donations and trying to get some Title 20 and LEAA funds and possibly some alcohol-related Title 20 funds. Brandon said the project 455.1 is not contemplating asking the City for any operating funds, and if they get to the point where there are no operating funds, the program will cease to exist. Director Henry stated that she was trying to make the same point -- you can get operating funds but there is a problem in getting capital funds. Director Colwell questioned if the County will continue to contribute 455.2 money if the project obtains another building and Bob Brandon said some of the money they are receiving through EOA will be discontinued. He said EOA's basic function is to get new programs started. Brandon said they anti- cipate the program will befinanced permanently through a combination of Title 20 and LEAA money. Director Lancaster asked if the County has given any money to the shelter 455.3 directly and Brandon said yes, the county is giving money through EOA and EOA is matching this with federal funds. Marcia Mclvor stated that the day care center for the elderly and a shelter 455.4 for battered women are the most urgent needs in the Fayetteville area. She said CD could provide a social service program rather than street work or parks or something like that. Director Lancaster questioned if this item was controversial at the CD committee meetings and Mclvor said the controversy was whether this project would be eligible for CD funding. Director Todd asked if there is any question in Mason's mind that the 455.5 1980 and 1981 programs can be reworked at a later date and Mason said they can be amended. Mason said they would have to show that what they want to add to the project list is a greater need than what is already in the budget, and thatit would be of a greater benefit to low and moderate income families. Director Todd said he feels the boundaries shown on the CD fund eligibility 455.6 map have been drawn too narrowly. Bill Schwab said he thought they were limited to thre 1970 census tract areas defining low and moderate income. Malone asked if they would have to add areas by census tracts. After discussion, Todd said he would like to include the Asbell census tract in the map of eligible areas. Rick Mason said they would have to use enumeration districts and said there are four enumeration districts in the census tract in the Asbell school area, three of which are 52-63% low and moderate income families, but one district is only 22 percent low and moderate income families. Mason said this would bring the total for the entire census tract down to only about 47% low and moderate income'families. ..Todd asked if they could eliminate the enumeration district which is only 22% low and moderate income and Mason said no, because that district is right next to the park. Director Todd said he would like to add the Asbell area and the area north 455.7 of North Street from Garland Avenue east to the railroad tracks. Bill Schwab suggested the City could possibly have some input in the 1980 census tract boundaries. Director Lancaster questioned how they could justify $25,000 for a 455.8 recycling center. Mason said he felt the idea was, under Economic Development, they could justify providing jobs for three low and moderate income persons. Mason said he has a verbal opinion on this, but no written opinion. Director Todd moved to include on the Community Development eligibility 455.9 map the neighborhood areas around Asbell Park and in the area from North Street to the Agri -Park on Garland Avenue and east from Garland to the railroad tracks. Todd also suggested that the CD staff check these areas to determine if they would qualify for funding. Director Lancaster seconded the motion. The recorded vote was: Ayes• Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. 455 2-6-79 456 456.1 Sylvia Swartz said, although hiring three low and moderate income persons to work at the recycling center was suggested in the written proposal, what the committee had decided is that they would use the $25,000 to prepare the City and citizens fora solid waste management system. She said this was definitely not set aside to support the existing recycling center. 456.2 Director Osborne agreed with the mayor's inclination toward hiring a planner for recommendations on improvements. He said he also would like to see Fletcher Street included as an area needing improvements. 456.3 Mayor Malone noted that many of the streets specified for improvements are in the area behind the Court House and questioned if consideration has been given to what impact the additional drainage would have on the existing creek. He said he would like to get a planner to tell them what they could do with the amount of money they will have to spend for improvements. 456.4 City Manager Grimes stated that they are going to have to show HUD that the projects will be benefitting to low and moderate income families. Mayor Malone asked how they came up with the costs set aside for the street improve- ments and Mason said they are estimates, based on a dollar per lineal foot cost. Malone noted there have been tremendous cost overruns in the past using this type of calculations and Mason said this is why they have set aside so much money for contingencies. Malone pointed out that a professional planner could give more accurate estimates on the cost. 456.5 Sylvia Swartz asked how much of the property in the eligible areas is owner occupied, rental, and how much is owned by developers. Mayor Malone stated that he feels determining these things is the responsibility of the Community Development staff. Marcia Mclvor questioned if you could justify using CD funds to do the planning. Beverly Maddox asked if they could appropriate this money to be spent out of the 1980 fund. 456.6 Director Lancaster pointed out that HUD would require engineering plans on the projects and Malone said HUD would require engineering on each individual street but that would not show the impact on the area as a whole. 456.7 Ginger Parker said she feels the role of the planner should be carefully defined by the Board of Directors and said one of the values of the CD program as it exists now is that proposals come from people in the community who have to live with the problems. She said if a professional planner comes in and points out where the problems are, his professional status may have a stronger impact, whether or not the committee actually sees these as the most pressing problems. Parker said shealso sees a very great possibility that the input of the committee will be lessened by the professional's opinions. She said they need to make sure the Planner's role is to point out the impact of the proposals rather than submit proposals himself. 456.8 Director Colwell asked Rick Mason who would draw up the lease for the Family Crisis Center and Mason said Community Development would draw up the lease with the help of the City Attorney. Colwell questioned who would monitor the lease and Mason said the Board could designate anyone to monitor the lease, but he would assume it would be the CD office. 456.9 Director Henry moved to allow up to $26,785 out of contingencies to hire a planner tolook at the area from Spring Street to Huntsville Road and College Avenue to Olive Street. Richard Osborne seconded the motion. The City Manager recommended they include areas further south than Huntsville Road and after discussion Henry amended the motion to reflect that the Planner would look at the area from Spring Street to 15th Street and College Avenue to Fletcher/Morningside Drive. Richard Osborne seconded the amended motion. 456.10 Beverly Maddox asked if that $26,785 would then become part of the administrative costs and would bring the administrative personnel figure up to a disproportionate part of the administrative budget and Mason said under the proposal discussed by the Board, it would be taken out of planning. There 1 1 1 2-6-79 457 was also discussion about adding a staff member to do the planning. Someone 457.1 in the audience questioned if the city engineer hadn't done this planning in the past. After further discussion, Ann Henry withdrew her motion to hire a planner. 457.2 Director Todd moved that the name of the Battered Women's Shelter be 457.3 changed to the "Family Crisis Center". Director Henry seconded this motion. Carolyn Layman proposed the name be changed to "Shelter for Victims of Domestic Violence:. Todd amended his motion to reflect that the name would be changed to "Shelter for Victims of Domestic Violence". Henry seconded the amended motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. Director Henry then moved that the 1979 CD budget be approved with the 457.4 amendment. Director Colwell seconded the motion. U Director Lancaster said as far back as he can remember, the Board of 457.5 Directors has tried to stay out of the social services and have tried consistently to avoid this type of thing and the only reason he will vote foriappropriating the money to the shelter is that the City is going to lease the building to another entity. The recorded vote on the motion to approve the 1979 CD budget was: 457.6 Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. Director Todd questioned if there is an order of priority for the streets 457.7 listed for improvements and Marcia Mclvor said they are listed in the order of priority. Todd moved ( that they eliminate the last two streets on the 1980 budget which total $34,860, and substitute that same amount for improvement to Dickson Street, including storm drainage, concrete curb and gutters, and street lighting. Todd said his feeling is that it would be better to have this in the record in terms of future planning to show that Dickson Street does need some attention, and many of these needs can be served through the CD program. Mayor Malone said he does feel they need work in the Dickson Street area 457.8 but he would not vote against what the committee has proposed, and unless there is a specific proposal for Dickson Street, he would not vote in favor of Todd's motion. Malone pointed out that you could accomplish the same thing by taking the money out of contingencies. Director Todd amended his motion to add the rehabilitation of Dickson 457.9 Street, including curb and gutter and street lighting, in the amount of $30,000 to be taken from the 1980 contingency fund. CD Director Mason said he would rather delete the two streets than take the money from contingencies. Director Osborne questioned if they could delete some projects next year 457.10 when the 1980 budget is considered and put that money back into contingencies and Beverly Maddox said the feeling of the committee is that they can. Director Lancaster seconded Todd's motion. The recorded vote on the 457.11 motion was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. 2-6-79 45S 458.1 Director Todd moved to take $30,000 out of contingencies in the 1981 budget for construction of a softball field at Asbell Park. He noted that this was on the original proposal but was eliminated when the Asbell area was not included of the CD eligibility map. Mason stated that he would rather see some other project deleted and that money transferred to construction of a softballfield at Asbell, rather than take the money out of the contingency fund. Director Colwell seconded Todd's motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The motion was declared passed. 458.2 Director Henry moved the 1980 and 1981 CD budgets be approved as amended. Director Osborne seconded the motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. CD CIIiLEN PARTICIPATION PLAN AMENDMENT 458.3 The Mayor opened discussion on a recommended amendment to the Community Development Citizen Participation plan. 458.4 Director Henry moved the proposed amendments be approved. Director Colwell seconded the motion. Director Todd suggested they amend the recommended addition to reflect that after consultation with the chairpersons of the two committees'hnd the City Board" concerning scheduling meetings. Director Henry amended her motion to reflect this. Colwell seconded the amended motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. HOUSING ASSISTANCE PLAN AMENDMENT 458.5 Marcia McIvor stated that the amendments are being proposed by the Housing Assistance Committeeand were reviewed briefly at the joint public hearing. 458.6 Director Todd asked if it is possible someone could make $12,000 a year and using the recommended exclusions still be eligible for a grant and Mason said he felt this would be possible. Mason said they had discussed the possibility of raising the maximum income but it was thought that rather than raise that amount, they could give earned income credit which could bring the gross income down below the low and moderate income family level of about $9,600. He said they felt this would be an incentive for people to work. The City Board was concerned that they would be approving something which would make families which were not actually considered low and moderate income eligible for these grants. Mason said the City Board has the authorization to establish their own rehabilitation program. Mayor Malone questioned if they should add a section that someone who is not low and moderate income could not qualify for the program and CD Director Rick Mason said rather than do this, he would recommend they raise the income level and delete the proposed exclusions. Director Todd questioned if the Board would be subverting the intention of the program. Mayor Malone moved that they delete Section 5c of the proposed Housing Rehabilitation Policies and Criteria. Director Colwell seconded the motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. 1 1 1 1 ICOID U Q Q 1 2-6-79 Director Colwell stated that the Board doesn't want to set a precedent of acquiring green space in subdivisions. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. Director Todd requested that the City Manager and Parks and Recreation Department try to get a grant so that a study could be done of this particular area as a pilot project for recreational purposes, and pointed out that it appears that with no additional maintenance expense, they could provide some- thing for the area residents. Mayor Malone said he feels the property owners would not want a park there and Todd said he was thinking about a jogging path or something like that. AIRPORT LEASE AGREEMENT The City Manager explained that they have a request from Frontier for a renewal of the basic lease agreement for use of present airport facilities and it reflects about a 12% increase over the previous agreement. Grimes said in addition to this, they have a preliminary agreement on what the new terminal facility lease will be --probably a 15 -year lease subject to the 1978 Airline Deregulation Act by which they would have to give the City five years advance notice if they wish to leave the City and provide a substitute carrier in the interim. Mr. Grimes said in that agreement they would cover debt service, maintenance, and operation of the new terminal facility, plus 10% for any othercontingencies they might occur. He said the new proposal would come to the Board at a later date for final approval. Director Todd questioned if the lease agreement is for a one-year period and Mr. Grimes said "yes". Director Lancaster, seconded by Todd, moved approval for the renewal of the lease agreement with Frontier. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Henry. Nays: None. Absent at Roll Call: Colwell. Absent: Noland. The Mayor declared the resolution passed. RESOLUTION NO. 7-79 APPEARS ON PAGE 3 6 0.F ORDINANCE AND RESOLUTION BOOK VII. 461 461.1 461.2 461.3 461.4 461.5 BID AWARD / Lake Fayetteville Park Lighting Fixtures Purchasing 0ffacer'.Sturman Mackey recommended award of a bid for lighting 461.6 fixtures at the Lake Fayetteville Park to Upchurch Electrical Supply Company, because their lighting fixtures are "vandal -proof". Director Lancaster, seconded by Todd, moved the bid be awarded to Upchurch 461.7 Electric. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Henry, Nays: None. Absent at Roll Call: Colwell. Absent: Noland. The mayor declared the motion passed. BID AWARD / Sanitation Trucks Purchasing Officer Sturman Mackey said they are recommending Whit Chevrolet be awarded the bid for seven 24,000 GVW diesel trucks for $14,665.17 each and $8,754 each for five packer units. Mackey explained that based on the anticipated life of a diesel engine they could recoup the additional initial cost of the diesel trucks as opposed to the initial cost of gasoline trucks. Mackey said 461.8 2-6-79 462 462.1 they are recommending that $14,148.56 in additional funds be appropriated from the 1979 Budget Sanitation Depreciation Fund. 462.2 Director Lancaster agreed with Mackey that they should pay the additional initial expense to obtain diesel trucks. He moved the bid be awarded as recommended to Whit Chevrolet and $14,148.56 be appropriated from the 1979 Budget Sanitation fund. Director Todd seconded the motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. AWARD OF BID / Truck Chassis / Water/Sewer Department 462.3 Purchasing Officer Mackey recommended that low bidder, Whit Chevrolet, be awarded the bid for one 43,000 G.V.W truck chassis dump bed. 462.4 Director Lancaster, seconded by Henry, moved the bid be awarded to Whit Chevrolet. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. AWARD OF BID / Pick-up Trucks / IJater/Sewer & Parks Departments 462.5 Purchasing Officer Mackey stated that they are recommending awarded to Whit Chevrolet for two '; ton pick-ups, standard size, pick-ups, small size, and two 3/4 ton pick-ups. 462.6 Director Todd, seconded by Henry, moved the bid be awarded Chevrolet. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry Nays: None. Absent: Noland. The Mayor declared the motion passed. the bid be two z ton to Whit AWARD OF BID / Air Compressors / Water/Sewer Department 462.7 Mackey stated that the City Engineer is willing to take the apparent low bid of Clark Machinery Company of Little Rock of $6,777.30 for two air com- pressors. Mackey noted that there are a few minor deviations from the specifications, but City Engineer Bunn recommends that the city accept the low bid. Director Colwell questioned if the minor deviations from specifica- tions would make a difference to other companies who bid the items and Mackey said he did not think so --the other companies had bid as close as they could come to the specifications also. 462.8 Director Todd, seconded by Henry, moved the bid be awarded to Clark Machinery. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. DEMOLITION BIDS 462.9 Mackey said there had been a handout to the Board members concerning housing demolition bids for the Continuing Education Center and the parking deck, and noted that this was first advertised along with the Housing Authority bids and the first bids were rejected. Mackey said they readver- tised for bids and received only one response from Gooding Bros. for the demolition of the structures on Meadow and Center Streets for a total of $4,000. Malone asked how long they would have to accept the bid and Mackey 1 1 2-6-79 Mayor Malone then moved to amend Section 5a to reflect the "income of any family member (other than the head of the household or his spouse) who is under 18 years of age'?, and amend Section 5b to reflect that there would be given a $300 credit for each member of the family residing in the household (other than the head of house- hold or his spouse) who is "disabled; glandicapped, or 18 years of age or older and a full-time student". Director Henry seconded this motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. Director Colwell questioned why they were requesting that the section dealing with mortgages and taxes and fire insurance be deleted and Mason said there is no way CD can make someone pay their mortgage and taxes. He CO said CD would check the person's mortgage to see what their payment record (n is, and also check to see that taxes have been paid before making a grant, V but once the grant has been made CD would not check to make sure the person Q makes their payments. • Todd asked if the City has any assurance that if someone sells their home within 5 years the Cityk:wauld not be required to Q repay the grant and Mason stated that if someone sells the property within 5 years it is CD's obligation to pay back the grant. He said he feels the only thing they could do if the property owner refused to pay this grant money back is to threaten them with a lawsuit. Director Lancaster asked if the property owner signs anything when they are given the grant and Rick Mason said they sign an agreement and it has been stated CD will require a mortgage to be signed which states the owner cannot sell their home without satisfying the mortgage. Mason remarked that many people who are needy would not apply for grants because they do not want a 5 -year mortgage on their property. Mason stated also, that HUD's intent is to rehabilitate houses and they could really care less if it is owner occupied or rented. Director Osborne moved the following amendment to paragraph 3: a requirement of getting the grant is that the City shall be given a five-year. mortgage on the property which shall expire on a year-to-year basis and at the end•'bf:the five years.the•mortgage shall be completely .• forgiven by •the' Ci ty.• Director Todd seconded Osborne's• motion. The • recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. After discussion the Board agreed that the mortgage would take the place of the contract requested on page 3 of the housing criteria. Mayor Malone moved that all above mentioned amendments to the housing criteria policy will also apply to the sewer tap criteria for the CD program. Director Todd seconded the motion. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion approved. Director Todd, seconded by Lancaster, moved that the amended housing rehabilitation policies and criteria be approved. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. 459 459.1 459.2 459.3 459.4 459.5 459.6 2-9-79 460 REZONING / Dinsmore Trail / R79-4 460.1 The City Attorney read an ordinance rezoning a 4.99 acre parcel of property located on the east side of Dinsmore Trail, approximately 1100 feet north of Highway 62 West, petition submitted by A. G. Holland. 460.2 Director Lancaster, seconded by Osborne, moved the rules be suspended and the ordinance placed on second reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. 460.3 The motion was declared passed and the ordinance was read the second time. 460.4 Director Osborne, seconded by Henry, moved the rules be further suspended and the ordinance placed on third and final reading. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed and the City Attorney read the ordinance for the third and final time. 460.5 There being no discussion, the Mayor asked if the ordinance should pass. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the ordinance passed. ORDINANCE NO. 2501 APPEARS ON PAGE 32 OF ORDINANCE AND RESOLUTION BOOK VII. PARKWAY MAINTENANCE RECOMMENDATION 460.6 The Mayor stated that the next item for consideration was a recommendation from the City Manager regarding the maintenance of the parkway in the area of Viewpoint Drive and West Ridgeway Drive, and East Ridgeway and East Shadowridge Drives. He said the subdivider of this parkway had apparently intended to dedicate these parkways to the City as public parks, but there was no record that this was ever done and when this was brought to the City Manager's attention, he instructed the City maintenance crews to cease maintaining the parkway areas. Malone said after that, a resident brought theCity Manager a copy of a 1967 newspaper article in which the then city manager promised that at the request of the area residents, the City would continue to maintain the parkway. 460.7 Director Lancaster asked if there would be any cost to the city in the acquisition of these parkways and Grimes said they anticipate transferring ownership with a quitclaim deed. 460.8 Mr. B. I. Fouke, 1440 Viewpoint, said the proposed parkway is adjacent to his property and according to a survey there is a slight discrepancy in the boundaries. He asked that the description of the parkways be amended to change the property line of the parkway to coincide with his fence which has been there for years, and the survey which was done. Malone asked if it would be satisfactory with Mr. Fouke for the City to acquire the property from the subdividers and then give Mr. Fouke a quitclaim deed to the piece of property in question and Fouke said this would be fine. 460.9 Mayor Malone moved the city manager's recommendations on two conditions: 1) no cost of acquisition of the property, and 2) that they agree to give a quitclaim deed to Mr. Fouke on the basis of the established property line. Fouke said he would pay for any surveying costs. 1 1 1 2-6-79 463 said they have 30 days. At the request of the mayor, this item was 463.1 postponed until a later meeting. YOUTH CENTER Skip Holland, representing the Parks and Recreation Advisory Board, 463.2 said $551,298 has been pledged toward the $584,000 needed to award the bid to the low bidder. Holland said they are negotiating at the present time with a group of individuals to pledge the rest of the money. Holland said they will have written pledges for the entire amount by February 14, the date on which they must accept or reject the bid. Holland asked that the Board authorize the Mayor and City Clerk to execute the contract for construction of the Youth Center facility. Director Osborne questioned if this is the building which was originally 463.3 N envisioned and Holland said it is the original building without the handball (� courts. City Manager Grimes asked that they postpone execution of the contract V until the wage exemption rate goes through the legislature. Mayor Malone Q said if a determination is made before February 14, he would call a special meeting of the Board. Q SkipHolland asked that the Board go ahead and grant the authorization 464.5 for the execution of the contract. City Attorney McCord pointed out that according to state law when you execute a contract you have to have a provision in the contract to pay the prevailing wage rate and if that law is in effect when you execute the contract, you would be violating the law if you don't pay the prevailing wage rate. Mayor Malone said he would call the Board back for a special meeting if this bill passes the legislature before the February 14 deadline. Director Todd, seconded by Henry, moved the mayor and city clerk be authorized to execute a contract with the low bidder for construction of the youth center facility. The recorded vote was: Ayes: Lancaster, Todd, Osborne, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. RESOLUTION NO.. 8-79 APPEARS ON PAGE 31 OF ORDINANCE AND RESOLUTION BOOK VII. COATNEY PROPERTY Mayor Malone said they are trying to settle all the lawsuits pending in connection with .theContinuing Education Center and said Mrs. Coatney, owner of the corner property closest to Mctlroy Bank has given them an offer of $71,500. He noted that she had originally requested $75,000. Malone said Coatney had put a t.id&limit on her offer that it will expire February 8, 1979. Malone also noted that at an earlier meeting of the Advertising and Promotion Committee they'- agreed to appropriate funds from the Hotel, Motel, and Restaurant tax receipts if there is a difference in the purchase price of the property and the amount the Housing Authority has. Malone said the proposed resolution would permit the purchase of the property for $71,500 with the Housing Authority to pay $42,928.84 and the Hotel, Motel, Restaurant tax receipts to pay the difference. Director Todd stated that he feels this is a misuse of money and he would vote against it. Mayor Malone moved that the resolution to settle the Coatney property for $71,500.0d be approved. Henry seconded the motion. The recorded vote was: Ayes: Lancaster, Malone, Colwell, Henry. Nays: Todd Abstain: Osborne. Absent: Noland. The Mayor declared the motion passed. RES. N0. 10-79RPPEARS ON PAGE 43 OF ORDINANCE AND RESOLUTION BOOK VII. 463.4 464.6 464.7 464.8 2-6-79 464 HALL PROPERTY 464.1 Mayor Malone stated that there has been an offer to settle the Hall property for $47,250.00. He said the Housing Authority has $28,674.00 and the resolution would be for the difference to be paid by Hotel, Motel, Restaurant tax receipts. 464.2 Director Osborne disqualified himself from voting on this item. 464.3 Mayor Malone moved and Director Colwell seconded, that the resolution be approved to pay the difference between $47,250.00 and $28,674.00 (to be paid by the Housing Authority) from the HMR tax receipts. The recorded vote was: Ayes: Lancaster, Malone, Colwell, Henry. Nays: Todd. Abstain: Osborne. Absent: Noland. The Mayor declared the resolution passed. RESOLUTION NO. 11-79 APPEARS ON PAGE 9- 'f OF ORDINANCE AND RESOLUTION BOOK VII RULES OF ORDER AND PROCEDURE 464.4 Director Todd moved that the Board approve the Rules of Order and Procedure. 464.5 City Manager Grimes said, in response to a question from Director Lancaster, that the rules of order and procedure are working fine. Director Henry seconded Todd's motion. 464.6 The recorded vote was: Ayes: Lancaster, Todd, Malone, Colwell, Henry. Nays: None. Absent: Noland. The Mayor declared the motion passed. The meeting adjourned at 7:05 P.M. 1 1 1