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HomeMy WebLinkAbout1995-03-07 Minutes91 MINUTES OF A MEETING OF THE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, March 7, 1995, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Stephen Miller (arrived late), Kit Williams, Cyrus Young, Woody Bassett, Steve Parker, Len Schaper, and Heather Daniel; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; Administrative Services Director Ben Mayes; Planning Director Alett Little; Assistant Public Works Director Charles Venable; members of staff, press, and audience. ABSENT: Alderman Robert Prichard CALL TO ORDER Mayor Hanna called the meeting to order with six aldermen present. STAFF RECOGNITION Alderman Miller arrived. Mayor Hanna congratulated Ben Mayes and his staff for achieving the highest form of recognition from Government Finance Officer Association for awards in budget and financial reporting. He stated this is the sixth consecutive year Mayes and his staff have received these awards. Mayor Hanna further extended his appreciation for their effort to serve the citizens as good stewards of public monies. Mayor Hanna specifically recognized Accounting Coordinator, Emma Badgley and her "keen eye" on the state turnback regulation for the convention center which netted the City $200,000 in one year. Administrative Services Director Ben Mayes presented Steve Davis, Budget Coordinator, with the Distinguished Budget Presentation Award which recognizes Fayetteville's achievements for drafting a budget which serves as a financial plan, a policy document, operations guide, and communication tool. Marilyn Cramer, Accounting Manager, was presented with the Excellence in Financial Reporting Award given for Fayetteville's Annual Financial Report which recognizes the document for demonstrating the constructive spirit of full disclosure to clearly communicate the City's financial story. 92 March 7, 1995 TAXI PROGRAM REPORT • Elaine Walker of the Northwest Arkansas Regional Planning Commission reported that the Taxi Program for the Elderly had a. 1995 use increase over 1994 of 23.5% which was a result of._ increasing the number of coupons from 10 to 15. There were 255 active .clients•and 220 had used one or more coupons per month. The, average age of participants was 77 with annual incomes of $6-,826. Coupon usage purposes included: shopping which accounted for 39%; medical which accounted for 26%;. and; personal socialization (i.e. beauty shop, etc..) which accounted for 11%. the most travelled months were April and May which varies:from.year to year due to weather with weekday travel higher than weekends. From January 1 to December 31, 1994, with each participant receiving a total of 180 coupons, 11,846 coupons had been used for a monthly average of 987 or 53.8% usage of allotted coupons. The participants shop in close proximity to home when possible and use multi-purpose shopping centers. The City's cost was $23,692 and participant's share was $4,473 for a total cost of $28,165 (.84% City cost and 16% participant cost.) Participant contribution is important but increasing the contribution had negative effects as was the case in Springdale. Walker read statements from participants as follows: i A r "Without this program I would be in trouble because I don't drive at all. I can go to thegrocerystore and stillfeel independent:and,I would liketoiSaythanks to eachperson who helped make.thisrprogram come true like a dream. Thanks." "With this taxi I.can get,to my appointments -like doctors and to the bank and grocery store.. May -God's blessings be with all. the -staff." "I am very ill. I will use this service when I am able to get out. Thank you." "Due to my living alone and not being able to drive,.I cannot find the words to explain to you how much this program has helped me. When I was first told about this program I felt like it was too good to be true.: This means so much to me. i helps 'de to be more contented by knowing that I have a way to get around. Thank you so much and God bless. It has helped me so much I don't what I would do without it." Walker explained the •questionnaires were given .out each.November and service rating and suggestions for -improvements were requested. Walker also explained that 53% returned the questionnaire but the number was skewed due to inaotive recipients and she felt the return number was closer to 70% or more. 93 March 7, 1995 Peggy Barker of the Area Agency on Aging stated that transportation was a problem for the elderly and the impact of this program is positive. On behalf of the Area Agency on Aging of Northwest Arkansas and the elderly of Fayetteville, Barker presented a plaque to the City of Fayetteville for continued support of the program. Alderman Daniel inquired as to whether. or not the problem of waiting for transport had been addressed. Walker responded that the problem had been addressed and stated that Mr. Cole, the service provider, was aware of the problem and was working to improve and provide more timely service to alleviate waiting. In answer to a question from Alderman Schaper, Walker indicated that the demand probably outweighed the service awareness and offered to consider additional marketing suggestions. She stated a person must meet the income and age criteria to qualify for the program. Alderman Williams thanked Ms. Walker and the Area Agency on Aging for their hard work and expressed his appreciation for the program. Mayor Hanna stated that his office had received calls from the elderly expressing their appreciation. OLD BUSINESS Mayor Hanna introduced consideration of items that have been brought before the Council but were tabled or no decision made to allow further information to be presented. A. REZONING R95-3: An ordinance rezoning 5.65 acres located west of Deane Solomon Road and south of Moore Lane from R-1, Low Density Residential to R-1.5, Moderate Density Residential, as requested by E.H. Sonneman and Sarah S. Agee. The City Attorney read the ordinance for the third time. Charles Agee distributed three documents which included a section of the 2010 General Plan and an aerial photo. Agee stated that the subject property was in accordance with the 2010 Plan and Village Concept. Agee gave an overview of the maps including zoning and land usage to clarify orientation. He elaborated on water and sewer availability. In answer to a question from Alderman Williams, Agee stated that water and sewer was available from Quail Drive. 94 Mar'ch,7, ;1995 Agee explained that it would not be feasible --.to add the .square footage to the. lots necessary to meetthe-•R-.1 zoning requirements and -have .a profitable. return 'onathe deveIapmerit. Agee explained that they are -only requesting a Slight adjustment and expressed the intent oto provide high quality duplexes. In answer to a question from Alderman Williams regarding the -R-.1 property to the north, Agee stated that to develop that tract a person would have to cut into the Razorback Golf Course fairway. Agee stated he did not own the property. In answer to a question from Alderman Daniel, Agee stated improving Deane Solomon Road was not an issue at this point and that he was requesting a rezoning. Alderman Williams stated improvements like that are handled. in the development process. Planning Director Alett Little confirmed that improvements to Deane Solomon would be required. In answer to a question from Alderman Schaper, Little stated the proposed Master Street Plan showed Deane Solomon as a minor arterial requiring 60-80 feet of right-of-way or 40 feet from the centerline. Discussion ensued regarding right-of-way and acreage in the tract. In answer to a question from Alderman Parker, Little stated the recommendation of the staff was topass on, to the Council, the recommendation of the Planning Commission.. The Planning Commission voted 5-3-0 to recommend the rezoning to the Council. In answer to another question from. Alderman Parker, Little stated the developers had agreed to connect to thewaterand sewer with no cost to the city. In answer to a question from Alderman Schaper, Little stated the developer offered a bill of assurance to limit the number of lots to 17 or a total of 34 units. Alderman Schaper expressed his concern on the impact of Deane Solomon improvements on the subject property and the view from Deane Solomon of the proposed development. Alderman Schaper requested screening. Agee stated the development must generate a profit. Agee declined to discuss specific •details including whether or not they would agree..to-putting in a berm. He assured the Council they would do something to buffer Deane Solomon Road from the;development. Elam Denham stated that he owned properties near the property being considered for rezoning and gave his full support. 95 • March 7, 1995 Alderman Williams expressed his support .for the rezoning. Alderman Daniel.agreed that the rezoning was suitable for the area. Upon roll call the motion passed by a vote of 7 to.0. ORDINANCE 3876 APPEARS ON PAGE OF ORDINANCE BOOR B. TRANSFER STATION AND RECYCLING FACILITY: A resolution approving the use of City owned property for the Transfer Station and Recycling Materials Processing Facility. Mayor Hanna explained that the City Council Environmental Concerns Committee had met and discussed an alternative site in the Industrial Park. The alternative site, behind the City's composting facility, has been reviewed by the Council. The City Attorney read the resolution. Mayor Hanna explained that the Council received a report from McGoodwin, Williams, and Yates regarding the site. Chuck Nickle of McGoodwin, Williams, and Yates identified the site as City Shop Site and detailed zoning, surrounding use units, acreage, foundation concerns, drainage, tree preservation, and costs. Further he stated the advantages of the site were proximity to other city facilities including solid waste yard and city street yard. He addressed traffic impact and stressed the suitability of this site for this use. He stated the disadvantages were the smaller area of use, less screening and buffering, greater cost of development, removal of the old salt storage building, additional cost of entrance construction, and drainage improvements. Mayor Hanna stated that it had been pointed out by staff that there was work to be done on drainage and this project would facilitate that and clean up the area. Alderman Bassett commended the effort of McGoodwin, Williams, and Yates on the expeditious compilation of the information. Alderman Daniel also commended the effort. Alderman Parker commended the input the Council received from others. Alderman Williams commented that although the cost had increased, 15 acres of industrial land had been saved. He commended Alderman Miller as chairman of Environmental Affairs Committee and stated he should be recognized for his hard work. Alderman Miller commended McGoodwin, Williams, and Yates on their effort. 96 • 1 .,Marsch .7, •1995; 1 .Alderman Young commended all the parties for workingcooperatively in finding an alternative solution tothetproblem. Alderman Williams commended the Council on"their responsiveness to .the public demand. Steve Ward from the Fayetteville Chamber of Commerce commended the Council on their. effort. Alderman Schaper stated that he hoped the Chamber and the public were aware that the Council is responsive to constituents and asked for the Chamber's support for. the Council's position on Bill 1726. Discussion.on costs ensued. Miller, seconded by Daniel, made a motion to accept the resolution. Upon roll call the motion passed .by a vote of 7 to 0. RESOLUTION 33-95 AS RECORDED IN THE CITY CLERK'S OFFICE. MASTER STREET PLAN The Mayor stated the Master Street Plan was discussed by the Street Committee after it was tabled at the February 21, 1995 Council meeting. Alderman Williams reported that many hearings were held!on this planand expressed his appreciation for the hard work of the Planning:Commission and Street Committee. He commended the public -and•the Mayor's Ad Hoc Street Committee for. their input- and suggestions. He stated the intent. of the plan is to provide a looped access traffic system and to. alleviate -thoroughfare neighborhood traffic problems. -He addressed public concern 'regarding Township Road and stated with thisplan it would remain a two-lane collector street. He advised that this plan would be subject to revisions. He stated that Township Road, east of Hwy. 265, would not be extended to Hwy 45. Wilson Kimbrough stated he had not seen a copy of the Plan. He asked if Mt. Comfort Road would be an artery. Kimbrough expressed concern about the impact of an artery on the northwest area's development and the possible construction of more cul-de-sacs. He requested definitive proof, i.e. maps, that would illustrate interconnections which would distribute the traffic. He also expressedconcern.over the many. changes to the Plan and requested a delay .until the:changes could be reviewed more closely by the public. • 97 March 7, 1995 Assistant Public Works Director Charles Venable stated that Mt. Comfort Road was designated as a minor arterial and further explained that Mt. Comfort was a major east -west route of the area. He stated that other north -south corridors will interconnect as shown on the map of the Master Street Plan. Mayor Hanna added that the designation of minor arterial was a measure of the expected traffic of that road which sets the right- of-way width for future expansion and improvements. Alderman Williams stated this was the eighth draft and that it was a working document. Further he stated that consensus was against development of cul-de-sacs. Alderman Young stated that the Master Street Plan would provide guidelines for future development and deter cul-de-sacs. Alderman Schaper asked to be allowed to propose changes. Mayor Hanna stated that amendments would be in order. Alderman Parker expressed concern about the Rolling Hills Drive extension and stated that he had promised his constituents to find an opportunity to address their concerns. Mayor Hanna emphasized that the Rolling Hills Drive extension was a possibility not an ordinance and elaborated the procedure required before passage of such improvement projects. City Attorney Rose stated that the Council should pass the Master Street Plan Map. The Plan consists of a map and text. The text will be submitted to the Council at a later time. Alderman Bassett recommended the Council pass the resolution as proposed. Alderman Schaper offered to put his changes in writing and vote on them as an amendment. Alderman Parker stated that the general consensus of the Street Committee was toward protection of neighborhoods not designation of roads. Brian Runnels expressed concern about tree preservation and the request from the City to remove a registered tree. He suggested moving the curb 2 feet to the right to preserve the tree. Venable explained that even if the curb were moved, the root system of the tree would be damaged which would make its survival chances very low. 98 March 7, 1995 Alderman Miller stated the tree is a 100-120 year old post oak. He expressed his supportof moving the street to save the tree. Mayor Hanna stated the tree preservation matter would be addressed by. the Engineering Department. Williams, seconded by Parker, made a motion to adopt the eighth draft of the Master Street Plan dated March 7, 1995. Rebecca LaTourette expressed her concern with the changes and inquired what the arterial improvement plans were for Mt. Comfort Road. She asked whether or not a' bicycle and jogging lane would be added and if stoplights were proposed. Mayor Hanna stated that those questions would be, addressed at a much later date. Furthershe stated thatt,this 'Plan designated present use and proposed.future'use.-" Discussion ensued regarding the hazard of the curve at the junction of Deane Solomon. John Jablonski stated that citizen_s:had the plan and requested that it`be left • not hada chance to look at on a first reading. Mayor Hanna stated that Township would;be ;left as a collector street. Discussion ensued regarding changes to the plan, traffic count, and Township extension. Alderman Parker stated that it would be in the best interest of Township residents to pass the Plan. Jeannie Hill stated that she favored passing the Plan. Discussion ensued regarding the Township extension, LaFayette, and Rolling Hills and neighborhood activism. Shea Lastra was recognized and stated that she wished to go on record that when the issues regarding these neighborhoods and proposed street improvements/extension came before the Council again that the neighborhood associations would be present to express their opinions, concerns, and suggestions. Upon roll call, the resolution passed by a vote of 7 to 0. RESOLUTION 34-95 AS RECORDED IN THE CITY CLERK'S OFFICE. D. ANNEXATION AND REZONING R95-4: An Ordinance annexing 40 acres located north of Mt. Comfort Road and west of Salem Road and rezoning the property from A-1, Agricultural to R-1, Low Density Residential, as requested by Robert Whitfield on behalf of Traditional Investments Limited Partnership. The City Attorney read the ordinance for the second time. 99 March 7, 1995 Alderman Daniel stated that she was not in favor of this annexation. An overall annexation is needed. Robert Whitfield stated that annexations can be voluntary and involuntary. This annexation is voluntary and that even if the City adopted a plan to even up the boundaries, the property owners would be notified and asked to voluntarily come into the city. He expressed that his goal was to develop this tract as village concept and through this development provide a model and visual representation of the village concept. Alderman Miller requested that Whitfield specifically explain his interpretation of the village concept. Whitfield replied that it would be a traditional neighborhood development similar to a Wilson Park development with trees on both sides of the road, sidewalks, boulevards, a commercial area with housing on second floor subject to the pending Ordinance if passed, and a home owners association that would maintain the green areas. Thirteen and one half acres were allocated for parks, wetlands, and churches and only 27 acres of the total 40 acres would be developed. Whitfield distributed pictures for a visual idea of the proposal and stated that his architect was from Memphis, Tennessee where they did not use the resort orientation. Alderman Young inquired as to lot size and whether or not some lots would be clustered. Whitfield stated that they had not made any commitments to attach them because it is rural land and added that some homes would be large and some would be small. In answer to a question from Alderman Young, Whitfield stated that lot size would vary and trees would be spaced at 40 feet intervals allowing for a 10 feet common area with underground water maintained by a home owners association with 15 feet yards between sidewalk and front porch of the houses. Alderman Williams stated he approved the concept and favored this annexation. Alderman Miller stated that generally he was not in favor of annexation by sub -division but he expressed he was tempted to support the annexation. Alderman Parker stated that he generally did not favor annexation by sub -division but that he would vote for this annexation. Alderman Schaper stated that the existing R-1 zoning would not allow this type of development. Further he inquired about the impact of the Master Street Plan and whether or not/land would be dedicated for a street along the section boundary. 100 March 7, 1995 Whitfield stated that he would accommodate.the Master Street Plarii and would pay -the impact fee for a bridge: on Clabber Creek. 1 In answer to a question Alderman Miller,- Whitfied stated that every -street would have sidewalks on both sides with trees fot shade. Alderman Young complimented Mr. Whitfield and stated that -he was appreciative of his understanding of the overall context and goals of the Council. Alderman Schaper stated that in regard to the issue of annexation and rezoning there was a resolution that would prohibit rezoning of this size parcel from -A-1 but this was in planning. prior to passage of the resolution and therefore could be grandfathered. Under the Comprehensive Land Use Plan, one,issue that willhera'ised'is what are- the .rational boundaries' for> the_ city 'whichmust the done 'by election .and.the process. involved under state law after the Land Use Plan. w-, a - Williams, seconded:by.Bassett, made a-motion°td suspend the rules and place the ordinance on its third and.final.reading. Upon roll call, the motion passed by a vote°of 6 to 1;=with•-Daniel-voting no. t The City Attorney read the annexation ordinance for the third time. Upon roll call, the ordinance passed by a vote• of 6 to 1, With Daniel voting no. ORDINANCE 3877 APPEARS ON PAGE OF ORDINANCE BOOK The City Attorney read the rezoning ordinance for the first time. Williams., seconded by'Bassett, 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 7 to 0. The City Attorney read the rezoning ordinance for the second time. Bassett, seconded by Daniel, made a place the -ordinance on its second ordinance passedby a vote of 7 to • motion to suspend the:rules and reading. Upon roll `call, the 0.- . The City Attorney read the rezoning ordinance for the third time: In answer to a question from Alderman Schaper regarding the PUD Ordinance setbacks, Little stated the larger setbacks occurred only when adjacent to R-1. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3878 APPEARS ON PAGE OR ORDINANCE BOOR • 101 March 7, 1995 E. HOUSE BILL 1726 Mayor Hanna stated that Alderman Parker requested the opportunity to express his views since he was not present when the Resolution against 1726 was passed. Parker stated that the Bill would go back to the committee for changes including assurance to landowners that they would not have to give back to the state and to restate that it did not apply to government's efforts to curb public nuisance. These issues were addressed in the November election where a group of candidates brought up the idea of property rights which were rejected by Fayetteville voters. He stated that this was not a personal property protection act but an act for people to evade managed growth. A new bill entitled "Look Before You Leap" that performs the same function and has the same danger to city regulation and zoning. He stated that during his campaign he discussed the Overlay District, Greenspace Ordinance, Tree Ordinance, Traffic, and Managed Growth and found that his constituents supported these issues which contrasts discussion with Representative Charles Stewart regarding his support. Representative Stewart's support was from realtors and bankers. In summation he stated he supported the City Council's resolution and urged immediate action from the public. In answer to a question from Alderman Schaper regarding what the potential impact was to the City, Rose stated that if the Bill is passed the City would have to evaluate and determine if the City is liable for any loss of value to the property owner or adjoining property owners and the compensable impact this would have on the City. It is extremely unclear and would open the City to extensive litigation. Alderman Parker expressed concern that if the City did pass an Overlay District Ordinance resulting indevaluation of property they may be held liable for damages. Alderman Williams agreed with Rose in the unclarity of the Bill and stated that the Bill could result in a statewide moratorium on rezonings. Alderman Schaper requested support from the public for the Council's resolution and asked constituents to call Representative Stewart at (501) 682-6211 or fax (501) 682-9160. Parties involved in litigation with the City over the Overlay District spoke at the hearing in Little Rock in favor of the Bill. Alderman Young wished to make a correction regarding the moratorium on rezoning stating that it would stop rezoning and that was a big difference. It would take an act of the State Congress for a rezoning. 102 March 7, 1995 Alderman Parker al -so requested to address the Council :regarding- personnel requirements in City Planning and Engineering. • • Alderman Parker stated that the Council should support the requests from Planning and Engineering to facilitate the requests. the Council made of these departments and fulfil the Council's promise to provide whatever resources necessary. Venable requested a Draftsman with computer capabilities responsible for development of maps and ongoing .projects in Engineering and Planning, along with an Engineering Technician. Additionally a Permit Clerk was requested' with duties including public greeting and assistance with permit completion. Venable also requested equipment. Little stated that options for workload shift were being discussed to alleviate time constraints. Data Processing has been very cooperative in upgrading all systems to facilitate information flow which helps work move forward timely. Other work is contracted outside:the City which is working well. Alderman Parker stated that he favored advertising for the three described positions at this time and addressing budgetary issues later. Alderman Williams suggested addressing these issues at the meeting scheduled for March 8, 1995 so that documentation could be provided. Alderman Bassett agreed with Alderman Williams' suggestion. CONSENT AGENDA Mayor Hanna introduced consideration of items which may be approved by motion, or contracts and leases which can be .approved by resolution, and which may be groifped 'together and approved simultaneously under a "Consent Agenda":: - A. Minutes of the_February 21, regular City Council meeting. B. A resolution` awarding an engineering contract to Development Consultants, LLQ,for,construction engineering services for the JoyceiBlvd. at U.S.:• 71B.intersectibn-improvement project, in the amount bf ,$21;964.94 and approving a 10% project contingency of $2,196. RESOLUTION 35-95 AS RECORDED IN THE CITY CLERK'S OFFICE. 103 March 7, 1995 A resolution awarding a contract to McGoodwin, Williams, and Yates, Inc. in the amount of $81,800 for an update of the City's Master Water System Study. RESOLUTION 36-95 AS RECORDED IN THE CITY CLERK'S OFFICE. D. A resolution accepting low Bid 95-8 from Diversified Recreation for the purchase of playground equipment for Wilson Park at $26,235.62. RESOLUTION 37-95 AS RECORDED IN THE CITY CLERK'S OFFICE. E. A resolution stating the City's willingness to obtain right- of-way and adjust utilities for the improvement of the intersection and upgrade of the traffic signal at Highway 112 (Garland Avenue) and Cleveland. RESOLUTION 38-95 AS RECORDED IN THE CITY CLERK'S OFFICE. Bassett, seconded by Miller, made a motion to accept the consent agenda. Upon roll call, the motion passed by a vote of 7 to 0. JOYCE BLVD. IMPROVEMENTS CONSTRUCTION CONTRACTS Mayor Hanna introduced consideration of a resolution awarding a construction contract to McClinton Anchor in the amount of $827,210 plus a 15% contingency for the construction of the intersection improvements at the intersection of U.S. Highway 71 and Joyce Blvd. and authorizing the Mayor to approve change orders up to the contingency amount. Also being considered is a resolution awarding a construction contract to Sweetser Construction in the amount of $294,059.20 plus a 15% contingency for the construction of the intersection improvements at the intersection of Highway 265 and Joyce Boulevard and authorizing the Mayor to approve change orders up to the contingency. Staff Engineer Mandy Bunch stated that the improvements have been needed for a long time. Bunch presented transparencies of the improvements planned for the two intersections. In answer to a question from Alderman Miller, Bunch stated that she has worked with McClinton Anchor before and was very impressed with them. Venable stated that the project had 180 calendar days with 3 months to proceed and there is a liquidated damage clause for $500 per day. Alderman Schaper expressed concern that the total amount is over the budget amount. Further he stated that he was aware of the contributions and inquired when the City would receive the contributions from Tri-State and Clarion. 104 March 7, 199.5 Bunch. stated that those would come in 60 days prior and that is required in the agreement. Mayes stated the total of the project to be $993,613 with a budgeted amount of $1,126,000 so the project*is under -budget. The budget was also to pay for additional construction and improvements which has not been bid and may result in a budget adjustment. Bunch again referred to the transparency .and explained specific improvements to be constructed. Discussion ensued regarding widening of Hwy. 265 to 4 lanes and compatibility with the intersection. Alderman Parker inquired about reporting on change orders for amounts up to 15%. of the contingency fee. Bunch stated her understanding that an amendment would be submitted to the contract. Mayes stated that the Mayor would have the authority to approve fund up to the contingency amount to complete the project. Discussion ensued regarding the Mayor's responsibility with funds and the Council's notification of expenditures and the internal review process. Mayor Hanna stated that generally the expenditures were not excessive amounts and further stated that he did not anticipate that overages, would occur. William, seconded by Miller, made a motion to approve the resolutions. Upon roll call., the motion passed by a vote of 7 to 0. RESOLUTION 39-95 AND 40-95 AS RECORDED IN THE CITY CLERK'S OFFICE. INTERLOCAL. COOPERATION AGREEMENT "' A1 '. Mayor Hanna introduced consideration of a resolutionauthorizing an Interlocal.Cooperation Agreement between the City of Fayetteville and the Fayetteville School• District) for;,ther construction and operation of a school.gymnasium/neighborhood-community center and approving the budget adjustment. Mayes stated that the agreement before'theCouncil.was identical in style and form, as _thevag'reeinent'approved for the Crystal Springs School. By combining this project and the Crystal Springs project a better construction bid could be submitted. He stated the staff recommends approval of the agreement. Alderman Miller inquired as to the legality of one government agency funding another government agency. 105 March 7, 1995 Rose stated that these funds were strictly for a community center. Mayor Hanna stated that this was generated from the Juvenile Concerns Committee along with the community center on the southeast area on which site preparation has begun. This was a three way partnership with the School District and the Youth Center. Miller, seconded by Parker, made a motion to accept the resolution. Upon roll call, the motion passed by a vote of 7 to 0. RESOLUTION 41-95 AS RECORDED IN THE CITY CLERK'S OFFICE. CEC_REVENUE BONDS REFINANCING Mayor Hanna explained that the City Council is being requested to approve the concept of refinancing the 1979 Continuing Education Center Revenue bonds and a bond counsel contract for the refinancing. Mayes stated that the request was for approval to refinance these bonds which had been presented to the Advertising and Promotion Commission to get their approval and they did recommend that it be done. The bonds were issued in 1979 for $4,475,000 with an outstanding amount of $3,165,000 which matures in 2004 and are primarily supported by the Hotel/Motel Restaurant Tax aka the Hamburger Tax, the Lease Revenue from the University of Arkansas, the Parking Deck Revenue, and State Tourism Turnback. The reasons for refinancing the bonds were for interest rate savings in the range of $700,000 to $1,000.000 for a present value savings in excess of $240,000 to $300,000 and for removal of the Parking Deck Revenue as a pledged source and to simplify the flow of money. Approval of the concept is being requested. Additionally he stated that they had met with the Bond Selection Committee and preliminary selection of bond counsel has been made. At such time approval of the concept is passed and contract with the bond counsel is made the contract will be brought back to the City Council. Alderman Young stated that this should have been done when the interest were even lower. He asked if the bonds would be new bonds so they could be restructured. Rose stated that is fairly correct. They would be paying off small bonds with a larger one. Alderman Young inquired as to the total cost to turn the bond issue around. David Houseman from Llama stated that the $240,000 was net after closing cost. 106 March 7, 1995 Mayes stated' that this is preliminary and the numbers were subject, to change based on the interest rate at issuance. A formal purchase agreement would be brought before the Council. - Bassett, seconded by Parker, made a motion to accept the concept of, refinancing the bonds. Upon roll call, the motion passed by a vote of 7 to O. RESOLUTION 42-95 AS RECORDED IN THE CITY CLERK'S OFFICE. OTHER BUSINESS REZONING R95-.1 Rose stated.Rezohing R95-1 did not have a third reading and asked that the Council reaffirm their vote. The City Attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. NOMINATING COMMITTEE REPORT Alderman Daniel stated that Suzie Hattfield .and Alan Ostner had been nominated for the Historic District Commission. Susan Driver, Sally Stone, David Mackey, and Brian Richard had been nominated for the Parks Board. Daniel, seconded by Williams, made a motion to accept the nominations for the Historic Commission and Parks and Recreation Board.. Upon roll call the motion passed by a vote of 7 to 0. CITY.. COUNCIL WORKING. MEETING Mayor Hanna reminded the Council that a meeting would be held March 8, 1995 to discuss Planning procedures. ADJOURNMENT The meeting adjourned. at 9:10 p.m. •