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HomeMy WebLinkAbout1997-11-18 MinutesA MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, November 18, 1997, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Randy Zurcher, Trent Trumbo, Donna Pettus, Stephen Miller, Kit Williams, Len Schaper, Heather Daniel and Cyrus Young; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. ABSENT: None Mayor Hanna called the meeting to order with eight aldermen present. 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 November 4 regular City Council meeting; B. A resolution approving the implementation and collection of Passenger Facility Charge Number 2 on eligible passengers at Drake Field; RESOLUTION 109-97 AS RECORDED IN THE CITY CLERK'S OFFICE. Alderman Williams moved to accept the consent agenda. Alderman Schaper seconded. Upon roll call, the motion carried on a vote of 8 to 0. OLD BUSINESS SKATEBOARDS AND SKATES ORDINANCE Mayor Hanna introduced an ordinance applying certain ordinances regulating bicycles to skateboards and in-line skates. This ordinance was left on the second reading at the November 4 Council meeting. City Attorney Rose read the ordinance for the third time. Mayor Hanna noted this is on the third reading and the Council would vote after comments. 1 373 374 r -November 18, 1997 rAlderman Zurcher stated he is ready to vote. He -read the Statement of Responsibility, that Mike Hill,';handed out at the last Council .meeting-: He, statecLtlie :;.signatures are those of most of the business owners or managers on Dickson Street,. the very people being talked about in connection with.safety in letting skaters use the sidewalks and the streets when the sidewalks aren't any good. Mayor Hanna asked what sidewalk sections on Dickson. Street aren't any good. Aldermen Miller and Schaper mentioned the sidewalk in front of the train station. Alderman Zurcher stated sidewalks half a block from his house are crumbled. He stated this occurs all through Ward 1. Although the City is working on it, what to do in the meantime needs to be addressed. Riding in the street when sidewalks are unsafe is what skaters are doing now, for the most part. He asked why we are keeping it illegal. - Alderman Daniel suggested asking City staff. to check out the sidewalkin front of the train station. Alderman Pettus stated there is some work being done there. Alderman Williams stated there is sidewalk on the other side of the street. Alderman Miller, who was absent from the two previous meetings when this was discussed, gave his history of involvement. He stated he was .asked to write an ordinance that was presented to the Street Committee,. which has been thrown out. The current ordinance is kind of a copy of it:. He.stated he is a child of the '60s and described negative reactions. he received to his appearance. and activities then. He described a melee with the police that lasted two weeks and resulted in.death and injury. He stated in the '90s, skateboarding and in-line skating should not be a.crime.. We should not make a whole group of people outlaws. People who don't learn from history are doomed to repeat mistakes. - Alderman Schaper stated he would try his amendment again. Last - tithe, be triedto make the point.that folks on skateboards should be accorded the -same rights and responsibilities:as pedestrians. Alderman Schaper moved to eliminate Section 1 and Section 2 from this ordinance .and just .keep -Section 3,vthe part that decriminalizes riding skateboards in the street, 74.08(A). Alderman Miller seconded. Alderman Williams stated there have been many hearings on.this. He Stated he would oppose this ordinance, as: he has all along, and would` oppose `the- amendment: He% stated sidewalks are the •appropriate:placefor skaters, and' skateboards. • • 375 November 18, 1997 Alderman Zurcher thought this is what the amendment was for. Alderman Young stated the proposed amendment means they can be on streets at any time. Alderman Schaper agreed that Alderman Young was technically right. He agreed constraints could be made. Alderman Zurcher asked if an amendment could be made to restrict them to sidewalks unless the sidewalks are bad. City Attorney Rose replied there could be such an amendment. Mayor Hanna called for the vote on the amendment. Upon roll call, Aldermen Trumbo, the amendment failed on a vote of 3 to 5, with Pettus, Williams, Daniel, and Young voting no. Alderman Trumbo stated he had a hard time believing that in-line skates and skateboards are an alternative form of transportation. There is a safety concern. No other city in Arkansas has such an ordinance and only a handful of cities in the United States do. Also, we are committing $250,000 a year to work on the sidewalks. Alderman Miller remembered the fight to allow bicycles on the road. Alderman Daniel stated her constituents have let her know they are not in favor of this ordinance. Mayor Hanna stated he does not feel skaters are being treated like second-class citizens. There has been an isolated incident or two blown out of proportion. The Police Department has no intention of singling out skaters, but safety is the issue. He stated he would ask the Parks Board to consider skaters when they make their budget. Alderman Schaper stated he would attempt another amendment. If we amend Section 1 in the ordinance to include a new phrase at the end saying, ". . . if said streets are without sidewalks or have sidewalks in poor condition", that puts a condition on when they are allowed to be in the street. Alderman Miller read 74.08 of his proposed ordinance, "When in case the street is a local street and there are no sidewalks/trails, or the sidewalk/trail is in such disrepair as to constitute a hazard, users of above named vehicles shall have prudent use of said roadway. Conduct of such use is covered under 73.01." Alderman Williams thanked and complimented the skaters who have come before the Street Committee and City Council. 3 4 November 18, 1997 Alderman .Schaper. stated he liked Alderman Miller's wording. It basically throws out the entire ordinance and replaces it with just a change to 74.08. Alderman Young asked if that would replace 74.08 or amend it: Alderman Schaper replied it would replace 74.08(A).• Alderman Young ,suggested) just ;amending (A), "No person .upon 'rollerskates or riding.by-means of.a toy vehicle or similar device shall go upon any roadway except where sidewalks do not exist or are :impassable . ". -` Alderman Williams stated it is time to vote on the ordinance. +Aldermarn SchaperfF moved,.. to :strike the entire wording of% the ordinance and substitute the'wording that Alderman Miller suggested for 74.08(A). Alderman Zurcher seconded. Alderman Zurcher stated this .amendment meets everything Alderman Williams was saying: we don't want them onthe streets; we do want them on sidewalks. We hadn't thought about if- the sidewalks are bad. He stated he sees skateboards used asalternative transportation every day in his downtown neighborhood. Many constituents thought the first ordinance went too far in saying they should be on all local streets, but they agreed to letting them on sidewalks. Alderman Pettus stated she thought the current ordinance allows skateboarders on sidewalks. City Attorney Rose stated it simply statesno person rollerskating can go upon any -roadway. It does not talk about sidewalks. Alderman Zurcher stated skateboarders have been ticketed or warned for just riding on the sidewalk. Mayor Hanna called for the voteonthe amendment. Upon roll call, the amendment failed on a vote of 4 to 5,. with Aldermen Trumbo, Pettus, Williams,. and .Daniel and Mayor Hanna voting no. Mayor Hanna called for the vote on the. ordinance. Upon roll call, the ordinance failed. 'on a vote of -,3 to . 4,. with Aldermen Trumbo, Pettus, Williams, Daniel, and Young voting no.. Mike Hill, audience member, questioned why public comment was not taken. Mayor. Hanna stated he was out of order. When Mr. Hill continued speaking, Mayor Hanna asked him to leave the room. 4 377 November 18, 1997 NEW BUSINESS RUPPLE ROAD CONSTRUCTION Mayor Hanna explained that a request had been made to move this item up on the agenda. Mayor Hanna introduced a resolution approving the use of the City of Fayetteville's Sales Tax Capital Improvement Fund to construct Phase 1 of Rupple Road. Charles Venable, Assistant to the Public Works Director, stated the Street Committee asked for a small presentation showing the area being discussed. Using an overhead projector, he identified the section of Rupple Road that starts on Highway 16 and goes south to the city limits. The proposed middle school will be located in this area. About half a mile of road would have to be constructed. He showed where Rupple Road is shown on the Master Street Plan. It is a minor arterial, a 52' wide street. There is already a 60' right-of-way in this particular area. The cost of doing this two lanes now and two lanes later would run in the neighborhood of four to five hundred thousand dollars, depending on how it was actually done. Sixty feet of right-of-way is not sufficient for this. More would have to be acquired. The school would have to make a connection. Venable showed another area discussed at Mr. Comfort Road and Salem Road. Another possible location for the school is to the west of this. This is not in the city at the present time. However, there is a 50' right-of-way along the west side of this. There is also a 20' right-of-way along Salem Village. Additional rights-of-way would be necessary. Construction for this would be around $400,000. Venable pointed out about 70 acres that are still in the county. That would be about 330' in the county. Alderman Pettus informed the Mayor she would abstain from discussion and voting on this issue because of a conflict of interest. Alderman Trumbo asked to hear from the school board regarding where they want to put the school. Bobby New, Fayetteville School Superintendent, made the following statement: The purpose of the school district being here tonight is to ask the Council for a commitment to complete Rupple Road approximately six -tenths of a mile south off of Highway 16. The district is currently considering three optional sites for construction of middle school west, understanding that we will not discuss the east site that is on the Vandergriff site November.,18, 1997 property we already own. We are dust limiting this west site. to the Option 1: South of Highway 16 off of Rupple Road, the depiction made by Charles Venable. Option 2: North of Mt. Comfort off of proposed Rupple Option 3: Contiguous site east of Holcomb. first Road. Dr. New stated that prior to the vote of thepeople for the extension of the 3 mils,. we. characterized our millage: as being dependent on the gift or proposal from the owners for the City and the school to share in 22 acres, part for the school site and part for City park:, Roy Carr, Assistant Superintendent, stated three sites are being looked at. Site development cost is critical in makingthe decision. He stated they could not move forward until they get some kind of decisionfrom the Council on its commitment to build a road at the first site off of Rupple Road off Highway 16. If a commitment is not made by the Council, that site is not an option. Basically, they are here to get.a commitment from the Council to buildthat road at that site. He stated he was not saying that would be the site finally selected. • Alderman Daniel asked which of the three sites is the best as far as soil and drainage. . • Mr.. Carr replied site three, 700' off Mt. Comfort on Rupple Road north, is best for soil and drainage. He stated other concerns are water and sewer and streets and parking lots. .He stated a, site study could not be done until it is known for sure that there are three options. Unless there is a commitment from the Council, there is not an option from Rupple Road south. Alderman Trumbo asked where the school district would want the school to be located, if the•.moneywere in place. Mr. Carr replied that once they could get a. commitment from the Council to develop Rupple Road at .the site the school district decides on; then they would turn the architects loose to do a study of the three sites and say which is the most economical site. They cannot move forward untila commitment is given. Mr. Carr stated his meetings with the Street Committee left him feeling they would not support Rupple Road south. He felt there nwas.a,need,to-.appeal,this to:the:,Council as that -needs to be an option_. One of, the other.s,ites would not require a road by the Citr. Two sites .would.require'thezdevelopment of Rupple Road. Alderman Schaper asked about, the- Holcomb site, -whichwouldn't require funding:a=new road.:;. 379 November 18, 1997 Mr. Carr explained that when he ran into a stumbling block at the Street Committee, he felt the need to find more sites. Alderman Schaper stated his concern regarding putting a major public facility, to which half of two grades will be bussed to, in basically a cul-de-sac, which is the west side of Fayetteville. Mr. Carr stated there are over 1,000 kids west of the bypass who are bussed to the inter -part of Fayetteville. The need is to give them a school of their own. He estimated the total number of sixth and seventh graders west of the bypass to be about 200 and that the total population of the school will eventually be 750. When it opens, there will be 600 kids in that school. Alderman Schaper stated there would be more kids being bussed west than are now being bussed east. This would be more burden on this already overburdened infrastructure. Alderman Zurcher asked if a site had ever been considered that was not so far out west, maybe closer to downtown. Mr. Carr replied this was looked at but the acreage is not available. The state department recommends 20 acres for a middle school and junior high to allow for playground space and for expansion. Alderman Schaper suggested 30 acres just south of Campbell's Soup. He stated the school district is willing to take a site just because some developer wants to donate it and increase the value of their development. Mr. Carr responded that this is the farthest thing from his mind. Fours years ago, the growth patterns showed a need for going east and west. Eventually, boundary lines will have to be changed; schools in the southern part of town are losing population. It would be foolish to consider looking at land in the south part of town, which is so close to the Greenland School District. It wouldn't be feasible to bus kids south when we are losing population there. Alderman Williams stated it is not up to the Council to decide where to put the schools. This was not talked about in the Street Committee meeting. What was considered was whether or not it makes sense to build a road in that location. He does not think it makes sense to spend a half million dollars to build a road that dead ends in the county, but the school board has a right to make their presentation. Alderman Daniel noted that the major amount of morning traffic goes east, while the busses would be running west. Also, if the middle school should be built north of Mt. Comfort, there would be shuttling between Holcomb and the middle school. November 18, 1997 Alderman Zurcher stated the Council approdes sprawling subdivisions on the edge of town because there are •a:schools there. He asked for help in containing sprawl or there will not be anything left in ! its natural` state.: i d { - F - - , € .y Alderman Trumbo stated the City spent $236,000 on streets for Vandergriff and ,$400,000 on the,20th Street improvement to the University campus: VHe recommended trusting the school board's expertise. ' 4t � e - Alderman ` Da_niel ,asked4 if. 'the Council was voting :on Phase 1 of RuppleRoad`or the:RuppleRoad 'area; as it is on the CZP. Alderman Williams clarified it would be an up or down vote on whether or not the Council wants to spend $500,000 on the south Rupple Road extension so the school would be able to get the land donated to them. Alderman Schaper askedabout the cost sharing -for the developer. He stated he has not received the map he asked for showing all the land owned by the developer. He also wants to know how much of the road benefits the developer and why •the developer isn't contributing to the cost. AldermanWilliamsstated one difference between Rupple Road south and Rupple Road north is that for the potential site north of Mt'. Comfort not only is there already $127,000 in the bank from developers to help build the road, but also the developer has agreed to -repay the City for costs of building the road.as..their development progresses. The City would get. repaid for the north Rupple Road as opposed to south Rupple Road, where the City would have to spend the $500,000. and get nomoney back.. Alderman Trumbo,noted the site north would also have the greenspace: contiguous to an existing greenspace. Alderman. Schaper stated all the traffic winds :up on Mt. Comfort Road, which cannot carry the capacity necessary for this type of intense development. Alderman Schaper stated this all seems nebulous. He would like to see a study that says this :is the site we need and why -and that shows it is worth the $500,000 difference to the taxpayers. No data has been given saying that is a reasonable thing to do. Alderman Trumbo asked if. the Council voted for the $500,000 and the study was done, could the school district come backand say they don't need the money. Mr. Carr agreed this could happen, but it is not an option if the Council says Rupple Road will not., be built south or north. - Mayor Hannaopenedthe discussion to the audience. • 8 381 November 18, 1997 Butch Robertson, part" owner of the land, stated they have worked for over a year trying to put this thing together. He addressed Alderman Schaper's concern about the developer getting something for nothing. He stated City staff informed him his portion of doing Rupple Road would cost $145,653 if it was developed through his property. That becomes the trade off. Using the park figure of $15,000 an acre, that comes to a little over $300,000 on 21 acres. His share would be $145,000. Mr. Robertson discussed Persimmon Street, which gives another way in and out off of Rupple Road, so Rupple Road does not just dead end. Ozark Electric would like Persimmon built. This would give Betty Jo another way out. His share of Persimmon is $112,000. Mr. Robertson stated $315,000 worth of land donated vs. $257,000 worth of street commitment doesn't mean the developer is getting something for nothing. Mr. Robertson stated the entire parcel is a little over 100 acres. Alderman Schaper stated when the remaining 80 acres are developed, the developer will be required to dedicate land for parks. Mr. Robertson stated this is part of the 20 acres. Alderman Schaper stated that land would have to be donated no matter what. Alderman Daniel asked for the total cost for connecting Persimmon. Mr. Robertson replied 2,700 feet would be $513,000. This is from 46th Street to Rupple, going west. He assumed it would be about the same distance going east. On that part of it, there would be participation by the property owners. Alderman Williams stated that normally the City would not build a road through this property. The developer would build the road and dedicate it to the City. If the road had to be wider, the City would pay the cost difference. Alett Little agreed the developer usually builds the street up to what a normal street would be. She stated Mr. Robertson's numbers refer to Phase 3 of Meadowlands, not on the entire area but what was proposed. Ian Beard, high school student, stated the City should not spend money on this road, because it is not a good location for a middle school. It is inconvenient for residents and increases the traffic problem. Bill Ackerman, Parks & Recreation Board, stated the Parks Department is going to get their share of land, regardless of where the school goes and which development is developed. He stated they 9 November 18, 1997 are trying to locate a park in the northwest quadrant. They are searching for land. They are looking at.a 20 -acre tract that will cost between $10,000 and $15,000 an acre. They want to acquire land that is consistent with the growth area and that will serve thecommunity at large and tie in, if .possible, with the existing park system. There wouldbe 9 acres for the Parks Department in the southern most.site of the proposed school, the primary site. That does not resolve the problem of needing a 20 -acre tract for the northwest quadrant: If the option is given to the school to select the site that best fits their program.and if Rupple Road is paved, the City will have to entertain bringing the development or the 200 acres bordering Rupple Road into the city limits. He stated he understood the Street Committee would like t� see the northern part of Rupple Road developed as quickly as possible to curtail the traffic problem out there now:. Mr: Ackerman stated the Parks Department wants to work with the school system and developers. They would like to see the Council give the school board the option of selecting the best school location. He did not see the City committing any more than they already are if willing to support the school system. The, City is either going to pave Rupple Road or not. There are no more dollars being committed if the City gives the school the optionof where to locate their facility. He urged letting the school dictate where they want. the school and then.. spend the money there. It is not fair for. the school board -to try to force the Council to make.a decision on apiece of property in order to eliminate it.: The goal is to come up with a location that is in the best interest of the. school system .first- and then work it into the- City's. overall. expansion program. He stated the Parks Department is in favor of whatever location is chosen. If that 200 acres were annexed and depending on the development, they may not have to spend $200,000 to $300,000 for a park. A smaller park on the extreme southern end of the development would not serve as many people.. • There was no further public comment. Alderman Daniel stated if these deals are contingent on annexing and rezoning and more development and we don't. -have a new sewer plant, we may be in a bind. Alderman .Trumbo stated he would like.to see some sort of cost- sharing arrangement but is more inclined to vote for the money for this road to give the school board the opportunity to go. forward m..�. tand}.do their„site selection. If -they find out the first site is Griot the`best,;they.will come back tojthe Council with that. Alderman Williams stated that the Street Committee did.not pass a specific'motion"onthis. They have studied it a lot. He stated he could not support giving the:school board a blank check and saying we'll build the'road`wherever you tell us to. There .is some `potential -legal problems.in doing that. The Council has to decide what ;is the`best;interest of;thecity and use -the money for that. 10 383 November 18, 1997 There are limits on giving things to another government entity. Alderman Williams stated the south Rupple Road extension looks questionable. The developer will only give the land to the school if we build a road It dead ends into the county. It does not connect with any other built street and would serve only the proposed school. This was moved up on the Capital Improvement Project list only because the school asked them to do it. That looks like we are buying land for the school. This would create more traffic and add to the problem already there. Alderman Williams stated he would consider the northern Rupple Road if that is feasible for them. Alderman Schaper felt the south Rupple Road site may be a better site in the long term, because Wedington is to be a major arterial at some time in the future. Its development is closer than any relief out in the Mt. Comfort area, where this other traffic would wind up. He stated he really has a problem with all the sites west of the bypass. He sees no need for the school to be out there at this time dust because there is a deal for free land and a free road Alderman Trumbo moved to approve the resolution. Alderman Zurcher seconded. Upon roll call, the resolution failed on a vote of 1-6- 1, with Alderman Trumbo voting yes and Alderman Pettus abstaining. VACATION VA97-9 Mayor Hanna introduced an ordinance vacating a portion of a utility easement located on property at 2823 Boxwood Drive as requested by Rick Nelson on behalf of Andrew Fisher. City Attorney Rose read the ordinance for the first time. Alderman Schaper asked Alett Little if there was any urgency to this item. He referred to an item pertaining to charges for vacations on the agenda for the upcoming joint meeting of the Planning Commission and the Council. Alett Little, Planning Director, responded that the person requesting the vacation would better answer that. There is a house constructed, so the encroachment into the easement has occurred. Rick Nelson, builder, stated there is no urgency, but they would like to get it done. He apologized for the oversight. The house was built to meet the setback requirements but the utility setback was overlooked. He noted the next item on the agenda is the same situation in the same subdivision. He has built 18 houses in Fayetteville and this is the first time this has happened. He has since changed his company policy. 11 Yx November 18, 1997 ,� le Mr Nelson stated heunderstands there is a push now to fine and levy charges for this kind of mistake.' He suggested having someone designated,and.responsible,for,signing off:_on these.things. He assuredxthe;Councilthe,would not be before -.them on this sort of issue •_agaiin, -as' he Chas - made = changes to ,ensure it won't happen again. t Y s* i AldermankWilliamsnoted none of,the utilities have objections to this. .This was never City land and was donated to the utilities for their easements. He .saw no reason to fine:Mr. Nelson and supported the Planning Commission's recommendation to pass the vacation. • Alderman Schaper agreed a fine was not called for .in this case: He did point -out that there is a lot of administrative time chewed up doing this legal work. We should make it clear .that these things come at a cost to either the taxpayer or the people who make the mistake. Alett.Little stated the cost to submit a vacation request is $100 or $200. Alderman Miller moved togo to the second reading. Alderman Williams seconded- Upon roll call, the motion carried on a vote of 8 to 0. City Attorney Rose read the ordinance for the second time. Alderman Williams moved to go to the third and final reading. Alderman Miller seconded. 'Upon roll call, the motion carried on a vote of 8 to O. City Attorney Rose read the ordinance for the third time. There were no comments from the audience. Mayor-. Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 8 to 0.. ORDINANCE 4069 APPEARS ON PAGE OF ORDINANCE BOOR VACATION VA97-10 Mayor Hanna introduced an.ordinance vacating a portion of a. utility easement located'on property at 2784 Raintree Drive as requested by Rick Nelson on behalf of Greg Riley. City Attorney Rose read the ordinance for the first time. Alderman Miller moved to suspend ..the rules and reading. Alderman Pettus seconded. Upon roll carried on a vote of 7 to 0, with>Zurcher absent 12 go to the second call, the motion for the vote 385 November 18, 1997 City Attorney Rose read the ordinance for the second time. Alderman Schaper thought maybe all houses should be surveyed, though it adds cost. Rick Nelson, builder, stated he'd paid $150 to have this house surveyed. This takes a load off a builder's mind from a liability standpoint. Alderman Williams pointed out not every house is built in a development and a survey could cost a lot more. Alderman Schaper moved to suspend the rules and go to third and final reading. Alderman Miller seconded. Upon roll call, the motion carried on a vote of 7 to 0, with Alderman Zurcher'>absent for the vote. City Attorney Rose read the ordinance for the third time. There were no further comments. Mayor Hanna called for the vote. Upon roll call, the ordinance passed on a vote of 7 to 0, with Alderman Zurcher absent for the vote. ORDINANCE 4070 APPEARS ON PAGE OF ORDINANCE BOOR ADMINISTRATIVE REOUEST AD97-13 Mayor Hanna introduced a request to reduce the required dedication of right-of-way as submitted by Jim Barnes of Blockbuster Video. The Planning Commission voted 7-0-0 to recommend the variance. Alderman Young stated he would not participate in the discussion and would abstain on the vote as the company he works for has done work on this project. Alett Little, Planning Director, explained that Mr. Barnes intends to develop a Blockbuster north of Sixth Street. He applied for a lot split. As a condition of the lot split, the Planning Commission required 15' of right-of-way along the entire length of the property. What has been worked out over much time is that the 15' of right-of-way will be offered on the tract. In other words, Mr. Barnes will develop this Blockbuster 100% in accordance with the large scale plan approved by the Planning Commission. That leaves less than the required 15' of right-of-way on the remainder of the tract. They are offering 5' along that property; and at such time as redevelopment occurs, the remaining 10' could be acquired through the same process the 15' was acquired. 13 386 , November 18, 1997 Alderman Schaper stated this is a very busy street. Eventually, it will have to be widened to..six lanes. He is reluctant to 'give up the right-of-way theCityis entitled to. Alett Little stated the City does not give up a lot by not requiring the full 15' .on the length of the property now. We've been able to acquire everything. -we need. She believes when the other properties come forward for redevelopment we should -be able to acquire the remainder of the right-of-way that we need. We are notexpectingto need it for street purposes. ,We do need it for sidewalk purposes.- This portion isnot in the overlay district. There is asphalt sidewalk along there now,, not'in good • shape. As a. part of the largescale development, Mr. Barnes will be required to set his sidewalks back the required- amount of greenspace and to build a 6' wide concrete sidewalk. Alderman Zurcher asked ifthis is the development that a.couple of members of the Planning Commission had a problem with being a box- like structure. Mr. Barnes stated he'd gone back to the Planning Commission three or four times and came to a suitable resolution that was mutually . agreed upon. - Alderman -Williams moved to accept the administrative request.. Alderman Miller seconded. Upon roll call, the motion carried on a vote of 6-1-1, with Alderman Schapervoting no and Alderman Young abstaining. - 'AIRPORT TERMINAL AREA CANOPY Mayor Hanna introduced a resolution approving a contract with Heckathorn ,Construction Company in the amount of $140,711 for construction of a canopy.. Dale Frederick, Airport Manager, stated the Ft. Smith airport has a canopy that allows some protection for the public when moving between the terminal and aircraft. He hoped to accomplish about 200' of protection both north and south of the terminal door. ,The ,.airlines;can add to that to cover their aircraft'. -There will not €b1..e,a;lengthy»construction time.',, • 'Alderman Miller moved theresolution ,.Alderman Williams seconded. Upon roll call, the resolution passed on a vote of 8 t 0.• i' t `" 'f _ t' s RESOLUTION,I1Q-97 AS;RECORDED IN THE CITY CLERK'S OFFICE. rFrederick,introduced-David Hanahan, local manager for Northwest Aitiihk.: F ..a-._ _ ,. Mr. Hanahan thanked Mayor Hanna for unveiling the Spirit of Fayetteville. He gave the Mayor_a framed photograph of the Mayor and airplane. 14 387 November 18, 1997 PARKING DISTRICT LAND PURCHASE Mayor Hanna reminded the Council they'd previously got an in-house estimate on the property for the town center. This was in the $130,000 range. The Downtown Parking Authority got an independent appraisal of $150,000. Alderman Pettus stated she would abstain on this issue. Alderman Schaper asked about the purchase of the piece of land just south of the Square that connects to this parking lot that is now used as a parking lot and is an integral piece of land needed for the town center. Mayor Hanna replied he'd talked to Mr. Bradberry about that and gone over the numbers. Mr. Bradberry will address the Council when the time comes to make the decision. He has offered the City up to a 75 -year lease at a nominal price. The property he owns connects his two buildings and he does not want to sell it at the present time. Alderman Schaper stated the Council should move forward with a condemnation on that land because it is needed to guarantee the success of the town center. Mayor Hanna thought if we did that we would end up paying a lot more than a nominal lease. Alderman Williams did not support condemning it, but agreed the City ought to own it. A town center between Mr. Bradberry's buildings will increase the value of his property. City Attorney Rose stated he would bring to the Council from Mr. Bradberry the best deal to vote up or down. This parking lot purchase is the only thing before the Council now. Alderman Schaper stated it is all a package. Two pieces of land are needed to make the town center work. He would not vote to buy one piece of land while the other one is up in the air. Alderman Trumbo stated it is in the City's best interest to own the parking lot, whether or not the town center is built. Alderman Schaper stated he has no problem with the parking lot purchase but does have a problem with the town center being contingent on a lease arrangement for a piece of land that is the only way to get to it. Alderman Williams moved the resolution. Upon roll call, the resolution passed Alderman Pettus abstaining. Alderman Zurcher seconded. on a vote of 7-0-1, with RESOLUTION 111-97 AS RECORDED IN THE CITY CLERK'S OFFICE. 15 • p +i Alderman ! Miller meeting.. :November 18, 1997 '4 - « ... ADJOURNMENT announcedcran ;'Environmental Concerns Committee of the Planning Alett.Little announced the. Nov. 24 joint -meeting Commission and City Council. Mayor Hanna adjournedthe meeting at 8:55 p.m. • 16