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HomeMy WebLinkAbout1993-03-23 MinutesMINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, March 23, 1993, at 6:30 p.m. in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Len Edens, Joan Chapman, Heather Daniel, Stephen Miller, Conrad Odom, Woody Bassett, Fred Vorsanger, and Kit Williams; City Attorney Jerry Rose; City Clerk Sherry Thomas; City Treasurer Glyndon Bunton; Administrative Services Director Ben Mayes; Public Works Director Kevin Crosson; Planning Management Director Alett Little; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with eight aldermen present. OLD BUSINESS Items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. REZONE R93-13 & R93-14 Mayor Hanna introduced consideration of an ordinance rezoning 6.75 acres from R-1, Low Density Residential, to R-2, Medium Density Residential; an ordinance rezoning 41.11 acres from R-1, Low Density Residential, to R-1.5, Moderate Density Residential, located on the north side of Wedington Drive and west of Rupple Road as requested byDennis Smith on behalf of Randall Garrison and represented by Truman Yancey. 4 _.... Alett Little, Planning Management Director, stated the Planning Commission voted to approve both petitions by votes of 5-3-0. These rezoning requests are revised petitions where the petitioners made changes that were recommended by the Planning Commission in January of 1993. City Attorney Jerry Rose read. the ordinance for R93-13 for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Edens, made a motion to further suspend the rules and place the ordinance on its third and final reading. `Upon roll call the motion passed by a vote of 8 to 0. City Attorney'Rose read the ordinance for the third time. • Alderman Daniel stated she hated to make a decision on this petition when there was such uncertainty on the part of the Planning Commission. • March 23, 1993 Alderman Chapman asked what was the nature of the uncertainty of the Planning Commission. Little stated the Planning Commission denied the original request to rezone. She stated after the petitioner modified the request according to the Planning Commission recommendations, there were no uncertainties. The major objections at the Planning Commission meeting were questions about rezoning a portion of the property to R-1 and alternate access to the area which will be discussed at the large scale development process. Truman Yancey, representing the petitioner, stated his client has attempted to revise and work with the Planning Commission to zone the property so that it can be utilized for the desired purpose and be compatible with the surrounding land. Alderman Williams stated he agreed with Mr. Yancey and felt the petitioner had made a good compromise in rezoning the property. Alderman Bassett stated he agreed with Alderman Williams and stated there has to be some give and take with reasonable and fair compromise. Alderman Miller asked if there were adequate water and sewer lines in the area to accommodate the growth. Mayor Hanna stated there was a 15 inch line along Hamstring Creek that goes to Double Springs/Road that is quite capable of handling the needs of the development. Upon roll call, R93-13 passed by a vote of 8 to 0. ORDINANCE 3682 APPEARS ON PAGE 37( OF ORDINANCE BOOK /XVI City Attorney Jerry Rose read the ordinance for R93-14 for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. ORDINANCE 3683 APPEARS ON PAGE 313 OF ORDINANCE BOOK X Xv1 REZONE R93-4 Mayor Hanna introduced consideration of an ordinance rezoning 10 acres located north of Wedington Drive and west of Rupple Road from . March 23, 1993..={ R-1, Low Density Residential, to R-1.5, Moderate Density Residential, as requested by Dave Jorgensen on behalf of Dr. James Moore. Little stated the Planning Commission voted 8-1-0 to recommend rezoning. This item was tabled at the March 3 Council meeting because of the moratorium. Access to this development will be through Carlesbad Trace and Carriage Way. City Attorney Jerry Rose read the ordinance for the first time. Vorsanger, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Vorsanger, seconded by Edens, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Alderman Williams stated this property adjoins the property that was just rezoned in R93-13 and 14. Dave Jorgensen, representing Dr. Moore, stated there was a lot of discussion at the Planning Commission meeting. The original request was to rezone to R-2. Dr. Moore agreed to compromise to R- 1.5 and the Planning Commission voted in favor of the rezoning. Upon roll call the ordinance passed by a vote of 8 to 0. ORDINANCE 3684 APPEARS ON PAGE 37S OF ORDINANCE BOOR XXVI REZONE R93-15, R93-16; and. Annexation Mayor Hanna introduced consideration of an ordinance annexing 62.5 acres; an ordinance rezoning 50 acres from A-1, Agricultural, to R- 1, Low Density Residential; and an ordinance rezoning 25 acres from A-1, Agricultural, to R 1.5, Moderate Density Residential., located on the north side of Wedington and west of Carlesbad as requested by Truman Yancey on behalf of Lloyd Pond, James & Barbara Pond, and West Ridge Baptist Church.- Little stated there are three items involved with this request. The Planning Commission voted 8-0-0 to annex the property. They voted 8-0-0 to rezone the 50 acres to R-1. However, they denied the request to rezone 25 acres to R-1.5. This rezoning request had been before the Planning Commission earlier when the petitioner requested rezoning the entire tract to R-1.5. There had been discussion with the petitioner about splitting the zoning on the tract. The petitioner revised his request •according to the Planning Commission recommendations and brought that back to,the Planning Commission. -Little stated there are sufficient water and sewer lines in the area tohandle the development. March 23, 1993 City Attorney Jerry Rose read the annexation ordinance for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Upon roll call the ordinance passed by a vote of 8 to 0. ORDINANCE 3685 APPEARS ON PAGE 377 OF ORDINANCE BOOK X XVI City Attorney Jerry Rose read the ordinance for R93-15 for the first time. Miller, seconded by Williams, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Vorsanger, seconded by Edens, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Upon roll call the ordinance passed by a vote of 8 to 0. ORDINANCE 3686 APPEARS ON PAGE 379 OF ORDINANCE BOOK )(XVI City Attorney Jerry Rose read the ordinance for R93-16 for the first time. Little stated the Planning Commission recommended R-1 zoning and not R-1.5 that the petitioner was requesting. Truman Yancey, representing the petitioner, stated the Planning Commission acted on this request at last night's meeting, so the time for appeal has essentially been reduced from 15 days to 24 hours. He stated he would like to have a fair and impartial decision on his client's behalf. He felt the Planning Commission had acted unfairly when they did not consider the two rezoning petitions separately rather than voting on both of them at the same time. He felt this was inappropriate because the only reason given for not approving the rezoning was that land west of 46th Street has been zoned only to R-1. They have arbitrarily established 46th Street as a dividing line between the zonings, but there has been no official action taken regarding this dividing line. He stated City ordinance requires a city to file a petition, notice is given to the adjoining property owners, a public hearing is held by the Planning Commission, and recommendations are forwarded to the City Council. The Planning Commission may also recommend a change in the land use plan. However, the method for the Planning Commission to change the land use plan is the same method as for a private 77 March 23, 1993,.,_, citizen. Notice has to be given, and a public hearing has to be held. Mr. Yancey felt the Planning Commission acted incorrectly as relates to this request. The petitioner requested R-1.5 because the area to the east is zoned 1.5 and 2. Land to the west is R-1. The petitioner was told his land could be used as a transition area between the two zonings. His client prefers R-1.5 and feels this is compatible with the adjoining land. Mr. Yancey requested the City Council amend the ordinance to approve R-1.5 zoning. Alderman Chapman stated she felt it is a serious matter to overrule the Planning Commission. She asked Mr. Yancey if his client would agree with the item being returned to the Planning Commission and asking them to reconsider the request. Mr. Yancey stated he understood the Council's preference for following the Planning Commission's recommendations, and he has no problem with going back before them. However, in this case the Planning Commission thinks they have the right to draw arbitrary lines without any public notice or approval. Alderman Chapman stated she would like to hear the position of the Planning Commission. Mayor Hanna asked if Mr. Yancey felt the arbitrary line was made after his client had filed his petition for rezoning. Mr. Yancey stated his client had worked out a compromise plan for rezoning with the Planning Management Director that was stated to have been in compliance with the Planning Commission. Alderman Williams applauded the Planning Commission about making a transition from high density to residential zoning. He asked if the Planning Commission would consider this transition phase. Little stated there was, not a lot of discussion about this at the meeting. When Mr. Yancey brought this petition before the Planning Commission on January 4, they suggested he split the zoning, as he has done. - . 44+' • . 6 -- Alderman Williams stated he respects the Planning Commission, but he feels the transition Fplan,is valid and would be a good compromise. Alderman Chapman stated she did not think the Planning Commission would act in an arbitrary manner, and she would like to hear from them: Mr. Yancey stated he..understands; however, he would like torequest a modification to the ordinance and allow the rezoning to R-1.5. 1 t March 23, 1993 Williams, seconded by Edens, made a motion to amend the ordinance to R-1.5 zoning. Upon roll call, the amendment passed by a vote of 7 to 1, with Alderman Chapman voting no. Alderman Bassett asked if Mr. Yancey was correct in his argument about the arbitrary 46th Street dividing line. City Attorney Rose stated he feels the argument has merit. If the Planning Commission is arbitrarily making changes to the zoning ordinance and applying rigid requirements, they may be bypassing the ordinance. He asked if the Council knew the reasons behind the Planning Commission decision. Alderman Bassett stated he would vote in favor of this because he feels the zoning makes a good, effective transition area. He is concerned about where to go from here because of the legitimate concerns from people in the area. City Attorney Rose stated the Planning Commission needs more than just a rule because a similar situation may occur. He suggested the ordinance be amended. Mayor Hanna stated in the planning process and the general land use plans, there are no boundary lines drawn. The general plan shows areas of the city and the appropriate zonings. He stated there is no way to tell what will happen in 10 years, and he does not want to set out any particular road as a boundary. There is nowhere else in the City that has any definite zoning boundaries. He feels this would be setting a dangerous precedent. Cyrus Young addressed the Council and stated he was concerned about losing sight of the boards and commissions of this City. He stated the City Attorney should set out the guidelines for the Planning Commission and the City Council to use. City Attorney Rose read the amended ordinance. Alderman Bassett stated until the updated land use plan is ready, he will have to be thoroughly convinced to vote for any more high density development of this area. Alderman Miller stated he did not like second guessing the Planning Commission. He would like to see this be rezoned to R-1 and later on be rezoned to R-1.5. Williams, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call the motion passed by a vote of 6 to 2, with Chapman and Miller voting no. City Attorney Rose read the ordinance for the second time. Williams, seconded by Odom, made a motion to further suspend the 1 March 23, 1993, a n' • 1 ./ rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 7 to 1, with Chapman voting no. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 6 to 2, with Alderman Chapman and Miller voting no. ORDINANCE 3687 APPEARS ON PAGE 39/ OF ORDINANCE BOOK X X V/ SALES TAX Mayor Hanna introduced an ordinance providing for the levy of a one percent sales and use tax within the City of Fayetteville providing for an expiration date of such sales and use tax of June 30, 2003, and prescribing other matters pertaining thereto. • Mayor Hanna stated this ordinance was left on first reading at the March 9 special City Council meeting. The judge has ruled that April 1, 1993 will be the last date for collection of the present sales tax. April 27, 1993 is the proposed date for a special election on the sales tax. This will give the City five weeks to get the tax revoted. He stated this was not a new tax, rather a continuation of the current tax. Mayor Hanna stated City Attorney Rose has tried very hard to write an ordinance that will meet all of the guidelines of the Municipal League and ones that have bee passed by other cities. Alderman Miller stated he had campaigned on a pay-as-you-go government, and he would like to see the City get out of bond and deficit spending. If this tax is not revoted, there will be no money to pay for anything. He asked the people to strongly consider this and Fayetteville's future.% Alderman Chapman stated she had receivedcitizen calls from people who felt "they should not bail them out again". Alderman Chapman stated this Council was "playing the cards they were dealt." We are all citizens of Fayetteville and not just City Council members. She stated this tax must be revoted because it is critical for the future of Fayetteville: e s The City Attorney read the ordinance for the second time. Vorsanger, seconded•by'Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Upon roll call the ordinance passed by a -vote of 8 to 0. ORDINANCE 3688 APPEARS ON PAGE 395 OF ORDINANCE BOOK XXV/ March 23, 1993 SPECIAL ELECTION Mayor Hanna introduced an ordinance calling for a special election in the City of Fayetteville on the question of levying a one percent sales and use tax within the City providing for an expiration date for such sales and use tax of June 30, 2003, prescribing other matters pertaining thereto; and declaring an emergency. This ordinance was left on first reading at the March 9 special City Council meeting. The City Attorney read the ordinance for the second time. Vorsanger, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Upon roll call the ordinance passed by a vote of 8 to 0. ORDINANCE 3689 APPEARS ON PAGE 3 PS OF ORDINANCE BOOR /X✓I Bassett, seconded by Odom, made a motion to approve the emergency clause in the ordinance. Upon roll call the motion passed by a vote of 8 to 0. SALES TAX DEDICATION Mayor Hanna introduced consideration of a resolution dedicating the sales tax revenues. City Attorney Rose read the resolution. Mayor Hanna stated many of the changes to the resolution were made at the suggestion of the City Council members and citizens. He stated the resolution was direct and to the point to tell the people how this money will be spent. Alderman Miller stated 75% of the proceeds would be spent on capital improvement projects, and 25% of the money will be spent on General Fund. He stated the 25% allocated to the General Fund will amount to about the same amount as the annual interest on the bond issue that we will now be paying off. Mayor Hanna stated he will be proposing the City give up collecting 3.8 mills on property and allow the schools to ask the voters for this money. Alderman Bassett stated he believes strongly in the future of this City. It doesn't matter where you live in this town. This money will be spent on things the people have come to expect and deserve. These things make up a city such as Fayetteville. We are March 23, 1993 experiencing an explosion of growth, and it is essential that we pass this sales tax. He stated this is not a new tax but a revote of a tax that has been in existence since 1982. However, this does not mean that people will automatically vote for it. Alderman Bassett stated in addition, if the tax passes, the citizens as well as the thousands of people who come here each year will help support Fayetteville by paying the sales tax. Alderman Williams stated passing the tax will help the Council keep the faith with the voters to do the CIP projects they voted on a few years ago. He agrees with Alderman Bassett that this is a fair tax for Fayetteville because others will help pay the tax. Alderman Vorsanger stated he could not believe such forward thinking people as the citizens of this town would not vote for this tax. None of his friends have said anything but that they will support the tax. Alderman Daniel stated she has confidence in the voters and feel this will pass. She encouraged citizens to attend their ward meetings. Vorsanger, seconded by Williams, made a motion to approve the resolution. Upon roll call, the motion passed by a vote of 8 to 0. RESOLUTION 34-93 AS RECORDED IN THE CITY CLERK'S OFFICE CONSENT AGENDA Consideration of items which may be approved by motion, or contracts and leases which can be approved by resolution, and which may be grouped together and approved simultaneously under a "Consent Agenda": A. Minutes of the March 2, 1993 regular City Council meeting, the March 4 and March 9, 1993 Speciai..City Council meetings. B. Removed from the agenda. • C. Resolutions awarding Bid 93-4 for the supply of asphalt and aggregate materials to McClinton -Anchor and award Bid 93-5 for the supply of concrete to Tune Concrete Products for a total amount not to exceed $161,553 forboth contracts. These materials are t� be utilized. by the Street Division for street maintenance and drainage •maintenance during the 1993 calendar year. - RESOLUTION 35-93 AS}RECORDED IN_THE CITY CLERK'S OFFICE RESOLUTION 35A-93 AS RECORDED IN THE CITY CLERK'S OFFICE, • March 23, 1993 D. A resolution confirming the appointment of Christine N. Childress to the Housing Authority Board of Commissioners for a term ending December 28, 1997. The Fayetteville Housing Authority Board of Commissioners met and elected Ms. Childress at their March 3, 1993 meeting. RESOLUTION 36-93 AS RECORDED IN THE CITY CLERK'S OFFICE Vorsanger, seconded by Miller, made a motion to approve the Consent Agenda. Upon roll call the motion passed by a vote of 8 to 0. REZONE R93-9 Mayor Hanna introduced consideration of an ordinance rezoning 5.63 acres located south of Sycamore and west of Porter Road from R-1, Low Density Residential, to R1-5, Moderate Density Residential, as requested by Harry Gray on behalf of Richard and Jennifer Bundrick. Little stated the Planning Commission voted 8-0-0 to recommend the rezoning. The petitioner offered a Bill of Assurance to limit the number of lots to 17. One-fourth of the development will be duplexes with the remaining being single family homes. The Planning Commission asked for improvements to both Porter Road and Sycamore Road. City Attorney Jerry Rose read the ordinance for the first time. Miller, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Edens, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Alderman Bassett commended the Bundricks and Mr. Gray for working out a compromise with the Planning Commission for this area. Upon roll call the ordinance passed by a vote of 8 to 0. ORDINANCE 3690 APPEARS ON PAGE 311 OF ORDINANCE BOOR )(X✓I REZONE R93-10 Mayor Hanna introduced consideration of an ordinance rezoning 2.08 acres located at 1228 51st Avenue from A-1, Agricultural, to R-1, Low Density Residential, as requested by Nancy Roller. Little stated the Planning Commission voted 8-0-0 to recommend the rezoning. The purpose of the rezoning is to split the lot to allow for a second house to be built. March 23, 1993 City Attorney Jerry Rose read the ordinance for the first time. Miller, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Williams, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to O . City Attorney Rose read the ordinance for the third time. Upon roll call the ordinance passed by a vote of 8 to 0. ORDINANCE 3691 APPEARS ON PAGE 3P7 OF ORDINANCE BOOK XXX✓( UTILITY EASEMENT VACATION Mayor Hanna introduced consideration of an ordinance correcting Ordinance 3620 and vacating a utility easement and vacating an additional easement on property located at 5745 Wedington Drive owned by Grady C. and Wanda G. King. Ordinance 3620 was approved by the City Board of Directors on. July 7, 1992 vacating a utility easement on the west side of the property. The vacation should have been for an easement on the east side of the property. In addition, the property owner has requested an additional easement vacation. City Attorney Jerry Rose read the ordinance for the first time. Vorsanger, seconded by Edens, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0.' The City Attorney read the ordinance for the second time. Vorsanger, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and f inal reading. Upon roll call the motion passed by a vote of 8 to O . City Attorney Rose read the ordinance for the third time. Upon roll call the ordinance passed by a vote of 8 to 0. ORDINANCE 3692 APPEARS ON PAGE 39/ OF ORDINANCE BOOK X X ✓I REZONE R93-11 AND ANNEXATION • • Mayor Hanna introduced consideration of an ordinance annexing 29.46 acres located south of Starr Drive and.west of Huntington Drive as requested by Mel Millholland on behalf of Helen R. Kirby. An ordinance rezoning the property from A-1, Agricultural, to R-1, Low Density Residential. Little stated the petitioner had requested this item be tabled. Odom, seconded by Williams, made a motion to table. Upon roll call the motion passed by a'vote of 8 to O. • 0'2 March 23, 1993 RIGHT OF WAY & ALLEY VACATION V93-3 Mayor Hanna introduced consideration of an ordinance vacating Tudor Street located west of Gregg Avenue; an ordinance vacating an unnamed street located north of Adams Street located between lot 1 in block 5 and lot 4 in block 4 of Mitchell's Addition; and an ordinance vacating a north -south alley in the 600 block of West North Street as requested by Glenn Sowder. Little stated the Planning Commission met on March 8 and voted 9-0- 0 to recommend the vacations. There is a large scale development that was approved in November 1992, and proper streets and easements will be done by the developer. City Attorney Jerry Rose read the ordinance vacating an unnamed street for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Miller, seconded by Williams, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Upon roll call the ordinance passed by a vote of 8 to 0. ORDINANCE 3693 APPEARS ON PAGE 3?S OF ORDINANCE BOOK )0( VI City Attorney Jerry Rose read the ordinance vacating a portion of Tudor Street for the first time. Williams, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Williams, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. Upon roll call the ordinance passed by a vote of 8 to O. ORDINANCE 3694 APPEARS ON PAGE 397 OF ORDINANCE BOOR xXJI City Attorney Jerry Rose read the ordinance vacating the alley for the first time. Vorsanger, seconded by Odom, made a motion to suspend the rules and place the ordinance on its second reading. The motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Vorsanger, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call the motion passed by a vote of 8 to 0. City Attorney Rose read the ordinance for the third time. March 23, 1993 Upon roll call the ordinance passed by a vote of 8 to 0. ORDINANCE 3695 APPEARS ON PAGE 391 OF ORDINANCE BOOR Xx✓( SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS. SERIES 1993 Mayor Hanna introduced consideration of a resolution ratifying the action of the Fayetteville Public Facilities Board, with reference to the issuance of not to exceed $8,500,000 of the Fayetteville Public Facilities Board, Arkansas Single Family Mortgage Revenue Refunding Bonds, Series 1993. Mayor Hanna stated the Public Facilities Board has determined that refunding the 1979 bonds will result in substantial debt service savings and will further the public purposes of the Board. City Attorney Rose stated the Public Facilities Board is a public board appointed by the City and has authority to issue bonds. In 1979 they issued $18 million that went for home loans to low and moderate income individuals. This is basically refinancing the bonds to take advantage of lower interest rates. The Council is being asked to affirm the acts of the board. The City has no liability for the bonds. The board can utilize going through the City because (1) the City is in existence and (2) the ability to issue tax free bonds. Alderman Miller stated this is a project to help low and moderate income people in purchasing homes. He asked what the savings would be with the refinancing. Ben Mayes stated the savings would be approximately $115,000.: Alderman Williams asked if there was a cost to the board for the refinancing. Mayor Hanna stated the cost of issuance is about $110,000. Alderman Vorsanger asked if the Council would have any input into how the $115,000 was. spent. Mayes stated it would go to the General Fund and can betspent for any lawful purpose of the City. Alderman Williams stated past City Boards have approved refinancing changes and maybe regretted it later on. He stated without anyone from the Public Facilities Board present to answer the Council's questions, the Council •would have to rely upon City Staff. He would rather have had the petitioner present at this meeting. Alderman Bassett stated he had talked with their attorney, Jim McCord, and he felt comfortable with this refinancing. Vorsanger, seconded by Miller, made a motion to affirm the actions of the Public Facilities Board. e • March 23, 1993 Upon roll call the motion passed by a vote of 7-0-1, with Alderman Williams abstaining. RESOLUTION 37.93 A8 RECORDED IN THE CITY CLERK'S OFFICE COMMITTEE VACANCY APPOINTMENTS Mayor Hanna introduced consideration of the City Council Nominating Committee nominations of citizens to fill vacancies on the Airport Board, Cable Board, and Parks & Recreation Advisory Board. Alderman Edens stated the Nominating Committee had a difficult job in making selections because of the many qualified applicants. Edens, seconded by Vorsanger, made a motion to appoint Rita Davis to the Cable Board. Upon roll call the motion passed by a vote of 8 to 0. Edens, seconded by Williams, made a motion to appoint David Savage to the Parks and Recreation Advisory Board. Upon roll call the motion passed by a vote of 8 to 0. Edens, seconded by Vorsanger, made a motion to appoint John Gearhart and William Mongeau to the Airport Board. Upon roll call the motion passed by a vote of 8 to 0. Mayor Hanna thanked the Nominating Committee for all their hard work and time devoted to this task. OTHER BUSINESS CITIZENS ENVIRONMENTAL CONCERNS COMMITTEE Mayor Hanna stated the Environmental Concerns Committee feels there is a need for a Citizens Environmental Concerns Committee. He suggested advertising be done and ask for volunteer members. Miller, seconded by Williams, made a motion to form a Citizens Environmental Concerns Committee. Upon roll call the motion passed by a vote of 8 to 0. HIGHWAY 180 (6TH STREET) WIDENING Mayor Hanna introduced consideration of a resolution approving the Highway -Utility Construction/Relocation Agreement with the Arkansas Highway and Transportation Department for the Highway 180 (6th Street) Water and Sewer Relocations. i A March 23, 1993 Kevin Crosson stated Highway 180 is scheduled for improvement in 1993. They are asking the City Council to approve this agreement. The estimated cost is $405,112 and 25.41% of this is reimbursable to the City by the AHTD. This relocation agreement is needed before the actual relocation and widening project. Alderman Vorsanger asked about the timetable for this project. Crosson stated they are in the process of completing easement acquisitions. Hopefully, they will begin construction this year and complete the project in 1994. Alderman Miller asked about sidewalks for the children walking to school. Crosson stated there will be a sidewalk separated by a concrete wall from the traffic. Miller, seconded by Odom, made a motion to approve the relocation agreement. Upon roll call the motion passed by a vote of 8 to 0. RESOLUTION 38-93 AS RECORDED IN THE CITY CLERK'S OFFICE ADJOURNMENT The meeting adjourned at 8:40 p.m. • • •