HomeMy WebLinkAboutOrdinance 4516 0
ORDINANCE NO, 4516
AN ORDINANCE TO AMEND ORDINANCE NO. 4358
IN ORDER TO EXEMPT THE CITY LIBRARY
COMPLEX ON DICKSON STREET
WHEREAS, the Fayetteville Public Library Board of Trustees and the City of
Fayetteville own parcels of land on East Dickson Street upon which the current
Fayetteville Public Library building complex exists; and
WHEREAS, it would be advantageous in the proposed marketing of these
properties that they be jointly offered and that negotiations with potential buyers include
requirements to ensure neighborhood compatibility and preservation of the architecturally
significant exterior of the Roberta Fulbright Library building; and
WHEREAS, it is necessary to exempt the city owned library property from the
requirements of Ordinance No. 4358 to accomplish these goals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby
amends Ordinance No. 4358 by adding Subsection (3) to Section (H) Exemptions from
the requirements of this ordinance as shown below:
"(3) In order to ensure neighborhood compatibility and preservation of the
historic exterior of the Roberta Fulbright Library building, all city property associated
with, adjoining, or a part of the Fayetteville Public Library on East Dickson Street,
Fayetteville, Arkansas is exempt from the requirements from this ordinance. Any
proposed sale of this property must be expressly approved by the City Council."
t j. 1 pY E rrF` PASSED and APPROVED this 7t' day of October, 2003 .
APPROVED:
10i BY
N COO , Mayor
EST:
BY: ��/AI &W A ])
Sondra Smith, City Clerk
0
SURVEY DESCRIPTION Airstrip Tract:
A PART OF THE NW1 /4 OF SECTION 35, TOWNSHIP 17 NORTH , RANGE 30 WEST,
FAYETTEVILLE , ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NW CORNER OF THE S1 /2 OF THE NW1 /4 OF THE NW1 /4 OF SAID
SECTION 35; THENCE ALONG THE NORTH LINE OF SAID S1 /2 OF THE NW1 /4 OF THE
NW1 /4 S87°23'29"E 383.82 FEET; THENCE LEAVING SAID NORTH LINE S02031 ' 13"W
316.46 FEET; THENCE N88°55103' W 1 .47 FEET; THENCE S02,49'26"W 101 . 31 FEET;
THENCE S02°49' 1461W 188.73 FEET; THENCE S87° 10'26"E 0.66 FEET; THENCE
S02027' 17"W 1374. 19 FEET TO THE SOUTH LINE OF THE SAID NW1 /4 OF SECTION 35;
THENCE ALONG SAID SOUTH LINE N87° 18' 13"W 383. 14 FEET TO THE SW CORNER OF
THE SAID NW1 /4 OF SECTION 35; THENCE LEAVING SAID SOUTH LINE AND ALONG THE
WEST LINE OF THE SAID NW1 /4 OF SECTION 35 NO2031 '22"E 1980. 14 FEET TO THE
POINT OF BEGINNING, AND CONTAINING 17 .388 ACRES, MORE OR LESS, AND
SUBJECT TO THE RIGHT-OF-WAY OF APPLEBY ROAD ON THE NORTH AND DRAKE
STREET ON THE SOUTH , AND ANY RIGHTS-OF-WAY, EASEMENTS , COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
SURVEY DESCRIPTION TRACT 2
PART OF THE S1 /2 OF THE NW1 /4 OF THE NW1 /4 OF SECTION 35, TOWNSHIP 17
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NW CORNER OF TRACT 2 PER PLAT FILED, DOCUMENT NUMBER
2002-069391 DATED MAY 15, 2002; THENCE S87031 '36"E 193.81 FEET; THENCE
S02921 '40"W 309.68 FEET; THENCE N87009'37"W 60.02 FEET; THENCE S05 57'33"W 9 . 95
FEET; THENCE N87014'57"W 133.98 FEET; THENCE NO2930'22"E 318. 58 TO THE POINT
OF BEGINNING , AND CONTAINING 1 .409 ACRES , MORE OR LESS, AND SUBJECT TO
THE RIGHT-OF-WAY OF APPLEBY ROAD ON THE NORTH , AND ANY RIGHTS-OF-WAY,
EASEMENTS , COVENANTS , OR RESTRICTIONS OF RECORD OR FACT.
SURVEY DESCRIPTION TRACT 3;
PART OF THE S1 /2 OF THE NW1 /4 OF THE NW1 /4 OF SECTION 35, TOWNSHIP 17
NORTH , RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS , BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NW CORNER OF TRACT 3 PER PLAT FILED, DOCUMENT NUMBER
2002-069391 DATED MAY 15, 2002; THENCE S87031 '36"E 174.09 FEET; THENCE
S02°30'22"W 318.58 FEET; THENCE N87014'57"W 175.77 FEET; THENCE NO2048'32"E
317 .73 FEET TO THE POINT OF BEGINNING , AND CONTAINING 1 . 278 ACRES, MORE OR
LESS, AND SUBJECT TO THE RIGHT-OF-WAY OF APPLEBY ROAD ON THE NORTH , AND
ANY RIGHTS-OF-WAY, EASEMENTS , COVENANTS, OR RESTRICTIONS OF RECORD OR
FACT.
NAME OF FILE: Ordinance No, 4516
CROSS REFERENCE:
Item # Date Document
1 08/21 /03 IStaff Review Form w/attachments
draft ordinance w/Ex. A
memo to City Council
2 10/13/03 memo to Hugh Earnest
NOTES :
STAFF REVR FORM - NON-FINANCIAL oHLI�ION
b2A
f9 � Z � 03
X AGENDA REQUEST V5 110
For the Fayetteville City Council Meeting of : September 16, 2003
FROM:
Hugh Earnest Administration
Name Division Department
ACTION REQUIRED : Approve a waiver to Ordinance 4358 to facilitate the sale of the building at 217 E. Dickson
owned by the Library Board of Trustees and the City of Fayetteville. This waiver would allow the City and
Library to negotiate as needed with potential buyers to ensure a re-use that is compatible with the
neighborhood, Library and City.
SUMMARY EXPLANATION :
STAFF RECOI2�fENDATION :Age
c/
p �.! Received in Mayor ' s Office
Division load Date Date
q6 4 21 /,) 3
City Date
Cross Reference :
Department Director Date
Previous Ord/Res # :
Finance 6 Internally� Services Dir . Date Orig . Contract Date :
Orig . Contract Number :
Chief Wnistrat ' a Offi er Date
New Item : Yes No
2 r7
Mayor Date
03 ,
ORDINANCE NO,
AN ORDINANCE TO AMEND ORDINANCE NO. 4358 IN
ORDER TO EXEMPT THE CITY LIBRARY COMPLEX ON
DICKSON STREET
WHEREAS, the Fayetteville Public Library Board of Trustees and the City of
Fayetteville own parcels of land on East Dickson Street upon which the current
Fayetteville Public Library building complex exists; and
WHEREAS, it would be advantageous in the proposed marketing of these
properties that they be jointly offered and that negotiations with potential buyers include
requirements to ensure neighborhood compatibility and preservation of the architecturally
significant exterior of the Roberta Fulbright Library building; and
WHEREAS, it is necessary to exempt the city owned library property from the
requirements of Ordinance No. 4358 to accomplish these goals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby
amends Ordinance No. 4358 by adding subsection (3) to section (H) Exemptions from
the requirements of this ordinance as shown below:
"(3) In order to ensure neighborhood compatibility and preservation of the
historic exterior of the Roberta Fulbright Library building, all city property associated
with, adjoining, or a part of the Fayetteville Public Library on East Dickson Street,
Fayetteville, Arkansas is exempt from the requirements from this ordinance. Any
proposed sale of this property must be expressly approved by the City Council."
PASSED and APPROVED this 2nd day of September, 2003 .
APPROVED:
By: r
DA ODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
Section 3: The name of said improvement district shall be Fayetteville
Municipal Property Owners' Improvement District No. 5 -- Appleby Landing
Professional Center.
PASSED and APPROVED this the 16th day of September, 2003.
APPROVED:
DAN COODY, Mayor
ATTEST:
SONDRA SMITH, City Clerk
FAYETTEVIFLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
TO: Mayor and City Council
FROM: Hugh Earnest, Chief Administrative Officer
DATE: August 14, 2003
SUBJECT: Proposed Sale of the Existing Library Buildings at 217 E. Dickson
Background
The City of Fayetteville, the Fayetteville Public Library and the Fayetteville Public Library Foundation
have undertaken constructing, furnishing, equipping and endowing a new $23 . 3M, 88,000 square foot
library at 401 W. Mountain. An 18-month, 1 percent sales tax was approved by the voters and levied
from October 2000 through March 2002. Because the sales tax was not enough to cover all costs, a
capital campaign goal of $ 12M was set to complete the project and endow operations. Due primarily
to financial need, the Library Board voted to pursue the sale of its current facility at 217 E. Dickson
and use the proceeds to help pay for and endow the new library. The existing facility is scheduled to
be vacated in early September 2004.
The current library property, zoned R-O, is comprised of what were, prior to 1991 , two separate
buildings—the approximately 24,500 square foot east building housing adult and children's services
and the approximately 6,000 square foot professional medical office building on the west housing
genealogy, Foundation, Friend's bookstore and staff. Research conducted in 2001 -2002 identified that
the Library Board of Trustees holds the deed for the property on which east building is situated, while
the City holds the deed for property on which the west building is situated.
In the second half of 2002, Library Board president, Louis Gottsponer, Library Director, Louise
Schaper and Hugh Earnest, CAO, visited with Mayor Coody to discuss the feasibility of selling the
buildings and dividing the proceeds. The results of a limited scope analysis indicated a 2002 value
between $ 1 .2 and $ 1 .6 million. The parties discussed in very general terms a division of proceeds of
70% for the Library and 30% for the City.
The Library Board of Trustees voted on February 17, 2003 to recommend that the building complex be
sold and proceeds divided with the city (FPL 70%; City 30%). They also encouraged public input that
would enlist neighbors and interested stakeholders in compiling a list of acceptable users of the
property.
In March and April 2003 four meetings were held to gather public input on acceptable and
unacceptable uses of the existing library facility at 217 E. Dickson, as well as share background
information and current status of the effort to sell the building. One neighborhood association meeting
was held on March 6, and three library-sponsored meetings were held on March 24, March 26 and
April 3 . Suggestions were made for the process of selling the building and a list of acceptable and
113WESTMOUNTAIN 72701 479-521-7700
FAX 479-575-9257
unacceptable uses was generated. There was a general consensus that acceptable uses included stable
cultural, educational, religious, governmental, non-profit, mixed-use, office corporate headquarters and
residential uses that would bring vitality to and enhance the neighborhood. Unacceptable uses
included noisy, late night, traffic-intensive, light-intensive, highly commercial, nuisance producing
uses.
Current Status
The media attention to this matter has resulted in a number of inquiries about the facility. Although
several callers were interested in leasing part of the space or were asking for free use, four different
inquirers proposed purchasing the facility for a music conservatory, offices, condominiums and
government offices. Callers have been asked to wait until the issue is brought before City Council and
a process for selling the facility is approved. The City Council did pass in January 2002 ordinance
4358 that established a formal process for selling city property. The key stipulations are as follows.
• The City Council must pass a resolution stating that it has found the property no longer serves a
municipal purpose.
• Two independent appraisals must be obtained within 6 months of the proposed sale.
• City Council solicits sealed bids with a minimum price set by the City Council.
• Bids must equal or exceed the minimum price set and the appraised value of the property.
• The City must sell the property to the highest qualified bidder.
• If none of the bids equals the minimum price set, then the City shall reject all bids and may
reopen the bidding upon City Council approval.
• The City may sell to a public or non-profit entity with only one appraisal, but the price set and
received must equal the appraised value.
This particular ordinance establishes a clear process to be followed when the City wishes to dispose of
property. However, the use of this approach in disposing of the library property does pose a number of
problems that need discussion at this time.
• Because it stipulates a sealed bid and a sale to the highest bidder, the seller cannot select the
best use for the neighborhood.
• Further, the seller cannot accept a good offer that maybe under the appraised value.
• The majority of the property is owned by the Library Board.
Recommendation
Both City staff and Library staff are in agreement that the best long term interests of the City will be
met by requesting a waiver in this particular instance from the requirements of Ordinance 4358. The
granting of a waiver would maximize the ability of the Library Board and City representatives to:
• Dispose of the property in such away to ensure compatibility with the neighborhood.
• Negotiate as needed with potential buyers to ensure a re-use that is compatible with both City
and Library interest in the future use of the property.
Nothing in this waiver would negate the necessity of securing the approval of the Library Board and
the City Council for any potential sale.
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Hugh Earnest
Administration
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: October 13, 2003
Re: Ord. No. 4516
Attached please find an executed copy of the above referenced ordinance passed by the City
Council, October 7, 2003 approving a waiver of Ord. 4358 to facilitate the sale of the library
building.
The ordinance will be recorded in the city clerk's office and microfilmed. If anything else is
needed please let the city clerk's office know.
/cbp
cc: Nancy Smith, Internal Auditor
l
O
NORTHWEST ARKANSAS EDITION
Arkansas Democrat IV (f)azette
MICROFILMED RECE11 ,1ED
OCT 2 2 2003
AFFIDAVIT OF PU13LICATION8NCtERKSOFFICE
I, do solemnly swear that I am
Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell , Arkansas, and that
from my own personal knowledge and reference to the files of said
publication , that advertisement of:
llJ d i f0f') O ) 451 t p was inserted in the regular editions on
l x- 17-[I11)
Po# 03 -C M -) 154-ffil
** Publication Charge: $
Subscribed and sworn to before me this
day of Dcl-D ben —92003.
ORDINANCE NO. A818
AN ORDINANCE TO AMEND ORDINANCE NO. 4358
ORDER TO EXEMPT THE CIV LJBRAF COMPLEX ON
Notary Public DICKSON STREET I �
WNEREAB, the Fayetteville Public Library Board of Trustees p
end Me Gty of FayeftWile ownarc
Pels of land on East Dickson, CKy all Fayettevlllet
Strest upon which the current Fayetteville Public Library building -
My Commission Expires: YIIA `/ aO ppmwaxeaam. �d
111114121111111 it would be advantageous In the proposed marketing of Mese properties that May be idnity.
offered and that negotiations with potential buyers include recuiraments to ensure neighborhood
compatibility and preservation of Me architecturally sigMfcant Water of the Roberta Fulbright Library
building; antl t
** Please do not pay from Affidavit. WNERBAs, it 4 necessaryto exempt the city owned library property, trom Me requirements of
Ordinance No. 4358 to accomplish these goals.
An invoice will be sent. '
NOW. THEREFORE, BE R ORDAINED BY THE .CRY COUNCIL OF THE CRY OF
FAYHTTEVILLE, ARKANSAS:
Section 1 .That be City Counpl of the City of Fayetteville. Arkansas hereby strands Ordnance No. 4358
by adding Subsection (3) to Section (H) Exemptions from the requirements of this ordinance as shCI
below:
Otfioial SEB) 3) In order to ensure neighborhood co npetlbilify and preservation of Me historic exterior s
of Me Roberta Fulbright Library building, all city property asspciated.wth, adjoining, or a pert of Me
SEAN-MICHAEL ARGO Fayette lle Public library on East Dickson Street, Fayettewle, Arkansas is exempt from the requirements ,
Notary Public-Arkansas here this ordinance. Any proposed sale of this property must be eWrassy approved by the City
WASHINGTON COUNTY
My Commission Exp res 07-25-2013 APPROVED:and
• APPROVED ab 7th Ary aI oemh.A saoa.
By:
DAN GOODY, Matter _
ATTEST:
By:
Sandra Smhh, CHy Clerk
212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700
