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HomeMy WebLinkAbout1995-03-28 Minutes123 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL A special meeting of the Fayetteville City Council was held on Tuesday, March 28, 1995, at 4:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Cyrus Young, Woody Bassett, and Len Schaper; City Clerk/Treasurer Traci Paul audience. CALL TO ORDER Stephen Miller, Kit Williams, Steve Parker, Heather Daniel, Attorney Jerry Rose; City , members of staff, press and Mayor Hanna called the meeting to order with seven aldermen present. SWEETSER - PARKS LAND DONATION Mayor Hanna introduced for consideration an offer to donate land to the City for a park. The property contains 12 to 13 acres and adjoins Gulley Park. This offer has gone through the Parks Board. Mayor Hanna explained that the original proposal was to donate the subject property for a credit of $8,000 per acre. The Parks Board voted against the proposal with a vote of 5 to 1. Hanna stated that since then, the owner of the property has offered to donate the subject property for a $4,800 per acre credit. The property owner has assured that this is a firm offer. The Parks Board voted 3 to 3 to accept the amended proposal for $4,800 per acre credit. Hanna stated that the Council should decide whether or not to accept the offer of the land. Alderman Williams stated that this will be a credit for greenspace on three identified pieces of property. Alderman Schaper asked if the identified pieces of property were near existing parks. Alderman Williams stated one tract is located near Lake Fayetteville and Mayor Hanna stated the other two tracts are located near Zion Road. City Attorney Jerry Rose pointed out that the three identified properties, as well as the land being donated, are all in the Northeast Parks District. Alderman Parker stated the developer does not have any immediate plans for the properties. Mayor Hanna stated that the reason for the special meeting was due to a tax issue and the property owner needed an answer. 124 March 28, 1995 Vernon Meek, representing the neighborhood residents, stated that they .opposed use of the. property 'behind their houses to connect Gulley Park to Routh Park: They oppose the park land.. donation based on safety and security concerns. Meek added that there would be no way to patrol the park by car and foot patrols/bike patrols would not be available 24 hours per day. Children play.-in.the backyards which abuts the proposed park area. The residents would loose privacy. Sidewalks currently connect to .Gulley .Park and therefore the land donation was moot. He further stated that they opposed the donation on the grounds that streetlights in the park area would create a nuisance. There would also be a noise nuisance. Meek distributed a copy of the Protective Covenants of the Subdivision and directed attention to page 2, number 7 and read as follows: "...noxious events and activities shall be carried on any lot nor shall anything be done there which may become an annoyance to the neighbors." Meek stated that it was the neighborhood's position that the park should have been developed along with the rest of the subdivision. Meek further noted and expressed concern over paths/trails and construction of bridges in some areas which he pointed out would have to. -be maintained by the City. He added that the Mud Creek area was on the flood plain. r. An audience member noted for the record that the Covenants had been signed by thesame person proposing to donate the land. Meek stated that the property owners had tried to purchase the proposed park land on several occasions. Discussion ensued. Alderman Daniel noted that residents adjoining Gulley Park had made concessions for that facility. Meek responded that Gulley Park was enclosed with a fence. Discussion ensued regarding the history of Gulley Park and the development of the area surrounding same. Discussion ensued regarding documented .illegal incidences of litter, robberies, and malicious trespassing which the residents feel are directly related to Gulley Park. • Meek stated he did feel the police had done a good job. -in patrolling the area. Meek further stated that the property. owners'; association had maintained -the subject area. 125 March 28, 1995 Alderman Schaper stated the property owners' association had made that choice. Discussion ensued and it was noted that the City had at one time rejected this project. Mayor Hanna inquired as to whether or not their main objection was the development of a trail. Meek stated that it was. Mayor Hanna inquired as to whether or not there was a time frame for trail development. Little responded there was not a time table for trail development and further added that the Parks Board had not planned to include streetlights. Discussion ensued regarding studies showing that lighted trails provide a false sense of security. Further discussion ensued regarding curfew violations at Gulley Park. Little stated that this area was part of an overall trail plan to provide a trail link to various parks. The plan provided a trail link to Sweetbriar Park as well. Mayor Hanna stated he had received suggestions which include delaying development of trails, fencing the area, fencing of the trails and closing at sundown. There was an inquiry as to whether or not there had been proper notification of the overall trail plan. Discussion ensued. Little stated that when the plan was conceived two summers ago, there were a series of public meetings at Planning Commission level and a public meeting at City Council. Discussion ensued. Alderman Parker asked the people represented by Mr. Meeks to stand. Meek stated that according to the assessor's office the value of the 13 acres is $8,000. Mayor Hanna stated that $8,000 is 20% of the total value of'the 13 acres in the amount of $44,300. Discussion ensued. Alderman Bassett inquired as to what exactly the proposal before them entailed. Rose stated it was to accept the property described under Warranty Deed and that the Grantor, Jerry Sweetser or Sweetser Properties, Inc. be given a credit of $4,800 per acre to be used to fulfill any cash contribution required for future developments within three identified areas within the northeast park district under the City of Fayetteville's Ordinance regarding the dedication of land. 126 March 28, 1995 Alderman Bassett stated that there is at least one law suit alleging adverse possession and several other property owners may join suit. He asked if the City would have any exposure to litigation if the proposal is passed. Rose stated that would be up to the plaintiff but that• the potential was high that the new property owner would be included. "Adverse possession" is defined as seven years of open., hostile, notorious possession. Mayor Hanna inquired as to whether or not the motion could be made to accept the property contingent on clear title. Rose responded that would be possible. Discussion ensued regarding the clear title issue and warranty deed. Rose stated that he had spoken to Mr. Sweetser who had expressed a willingness to continue the defense of that suit and did not:expect the City to take over that responsibility. Mayor Hanna clarified that the credit could only be used for property in that quadrant and -currently owned•by Mr. Sweetser. Alderman Daniel stated her neighborhood had been working with the City to develop soccer fields and that they.. were very pleased that they had put aside there personal concerns for the good of the community. A member of the audience felt Daniel hada conflict of interest as a member of the Trails Advisory Committee. Discussion ensued. Alderman,Wiliiams stated that ther-e.are tradefoffsowith community projects;such as._this and further stated"that he was sure:that the City would be responsible in the development of this area and provide the necessary security. Alderman Parker pointed out that bridge, construction- could be avoided if they>could"get*:an easement •.from Mr. Sseetser's daughter. He stated thatSweetser`did notown. a sect}ion'ofthe area and that also made additional bridge construction necessary. It might be advisable to pursue easements to avoid bridge construction'. Baton Rouge had a similar trail situation that had met with opposition and in the end the residents had been very pleased. Alderman Miller stated Committee he very much mention of the rails to trails were in they the there is nothing to Discussion ensued. that as chairman of the Trails Advisory understood the concern. Further he made trails program and stated that after the public had been very pleased. Currently stop trespassing in the neighborhood. 111 127 March 28, 1995 Alderman Parker assured the public that the City would provide police patrols to ensure the safety of the neighborhood if the proposal passes. Alderman Miller stated that there are two ways to fund the program, namely, the capital improvements program which would not allow any funding for the next five years and the ISTEA grant which is very difficult to obtain. Discussion ensued regarding time line for construction and invasion of privacy. Williams, seconded by Miller, made a motion to accept the land donation. Discussion ensued regarding City maintenance of the subject area during the interim before development of the trails. Discussion ensued regarding the lack of a formal resolution and commitment from Mr. Sweetser. Alderman Bassett suggested asking for a hold harmless agreement. Williams, seconded by Miller, made a motion to amend the proposal contingent upon clear title and a hold harmless agreement. Upon roll call the motion passed by a vote of 8 to 0. Upon roll call the resolution passed by a vote of 7 to 1, with Parker voting no. RESOLUTION 48-95 AS RECORDED IN THE CITY CLERK'S OFFICE. ADJOURNMENT The meeting was adjourned at 5:30 p.m.