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HomeMy WebLinkAbout1998-06-02 - Agendas - Final AGENDA FAYETTEVILLE CITY COUNCIL MEETING NNE 211998 A meeting of the Fayetteville City Council will be held on June 2, 1998 at 6:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville, Arkansas. The following items will be considered: NOMINATING COMMITTEE REPORT I. CONSENT AGENDA A. APPROVAL OF MINUTES: Approval of minutes from the May 19, 1998 meeting. B. BID 97-64: Award of Bid 97-64 to Mobile Concepts by Scotty for a children's fire safety house in the amount of $25, 174.00 and approval of a budget adjustment in the amount of $ 12,587.00. C. ABOVE GROUND FUEL FARM: A resolution approving Amendment # I to the contract with McClelland Engineering in the amount of $2,000.00 for additional engineering services in the design of the Airport's new above-ground fuel farm. D. BATES PARK PLAYGROUND: REMOVED FROM CONSENT AGENDA. Item has been moved to NEW BUSINESS IA. E. BID 98-40.00: A resolution awarding Bid 98-40 to Barton Freightline Inc. in the amount of $91 ,621 .00 for the purchase of a H. D. Cab & Chassis with mounted bulk waste crane and dump body for utilization in the City's solid waste bulk pick-up program. F. BID 98-37: A resolution awarding Bid 98-37 to DYCHEM International, Inc. for the purchase of an automated drive-thru equipment wash and supplies. G. BID 98-42: A resolution awarding Bid 98-42 to Williams Ford Tractor & Equipment in the amount of $ 82,818.00 for tractors, mowers, and various haying equipment to be utilized for hay management operation at the sludge site and the parks mowing operations. H. WEDINGTON IMPROVEMENT DISTRICT: A resolution appointing two new members to the Wedington Drive Sewer Improvement District board. II. OLD BUSINESS A. VA 98-4.00: An ordinance vacating approximately 12' X 72.5' of an existing alley at 310 West Dickson Street. The request was submitted by Hiegel-Miller Architects on behalf of Joe Fennel. Item was left on the first reading. B. AMENDING RULES OF ORDER: A resolution amending the rules of order of procedure to require the support of two aldermen in order to place a discretionary item of new business on the City Council agenda. III. NEW BUSINESS 1A, BATES PARK PLAYGROUND: A resolution awarding $49,856.32 to Diversified Recreation for the Bates Park playground project. The total estimated cost of the project is $56,857. The Parks and Recreation Advisory Board will contribute $29,000 from their Green Space Funds. The remaining balance will be paid by Fayetteville Public Schools and Bates Elementary School. A. RZ 98-10.00: An ordinance approving a rezoning submitted by Demaree Media, Inc. for property located at 1780 Holly Street. The property is zoned R- 1 , Low Density Residential. The request is for R-O, Residential Office. The property contains approximately 2.34 acres. B. PLANNING COMMISSION APPEAL: An appeal submitted by Burke & Eldridge on behalf of Washington Regional Medical Services for a large scale development off Millsap Road and Wimberly Street. The request is to appeal the Planning Commission's decision to deny waiver requests from placing utilities underground and the construction of a standard city street. C. SEWER REHABILITATION: A resolution awarding a contract to Jones Brothers, Inc. for White River Minisystem 15 sewer rehabilitation in the amount of $645,080.85 with a $64,508 contingency for sewer lining. D. SEWER REHABILITATION: A resolution awarding a contract to T.G. Excavating in the amount of $ 186,543 .00 with an $ 18,654 contingency for White River Minisystem 15 sewer rehabilitation for pipe bursting. E. SEWER REHABILITATION: A resolution awarding a contract to Insituform Texark, Inc., in the amount of $228,937.50 with a $22,893 contingency for White River Minisystem 15 sewer rehabilitation for sewer lining. F. INFORMATION ITEMS G. CHAPTER 33 AMENDMENT: An ordinance amending Chapter 33 of the Code of Fayetteville to provide for the Board of Adjustment, the Plat Review Committee, the Subdivision Committee, the Tree and Landscape Advisory committee and the Board of Sign Appeals. H. DELETING TITLE 15: An ordinance deleting title 15 ; Land Usage; and Sections 98.01 , 98.029 98.06, 98.07 and 98. 12 through 98.00, Streets and Sidewalks; of the Code of Fayetteville; and adopting the Unified Development Ordinance. 1. SUTTON PARK: A resolution authorizing the Mayor and City Attorney to make an offer of purchase to the current owner of proposed the Sutton Street Park. ✓ ✓ DANIFT TRIJ Rn per PFTTT TS MIT I FR qCHAPFR MAYOR 14ANNA %0/ F-- 0 - 6 . D- 0 , 110474DANIFT 2 N ✓ ✓ MIT I ER MI I TAMS Loo� MAYOR HANNA 37� o - o . LES o2D PC. 7Li�-ter < . 7 0 �0 doxl 33 DANTFT 71 JR C14FR TRTIMBO PFTTI Ig WE I TAMS qCljAPFR MAYOR HANNA PFTn IS MIT I ER WIT I TAMS MA QP PANFNA 00, nANIFI TRITMBQ MTI I FR WTI I TAUS qCRAPFR g,o - o . FINAL AGENDA INFORMATION for June 2 , 1998 , Council Meeting Agenda Session : - Bates Park Playground was moved from consent agenda ( 1D ) to the first item of new business . handed out : Memo re UDO and Ord . amending Chapter 33 , item 3G Ord . Re Title 15 , item 3H - Sutton Park info , item 3I Attached here : - Final Agenda - Minutes , item lA - Additional Sutton Park info to add to what was distributed at agenda session , item 3I A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday , May 19 , 1998 , at 6 : 30 p . m . , in the Council Room of the City Administration Building , 113 W . Mountain , Fayetteville , Arkansas . PRESENT : Mayor Fred Hanna ; Aldermen Heather Daniel , Cyrus Young , Randy Zurcher , Trent Trumbo , Donna Pettus , and Kit Williams ; City Attorney Jerry Rose ; City Clerk/ Treasurer Heather Woodruff ; staff ; press ; and audience . ABSENT : Aldermen Len Schaper and Stephen Miller Mayor Hanna called the meeting to order with six aldermen present . SUPPORT CHIEF WATSON/UNDERAGE WATSON/UNDERAGEDRINKING Mayor Hanna introduced a resolution supporting Police Chief Watson ' s efforts to stop underage drinking in Fayetteville . City Attorney Rose read the resolution . Alderman Trumbo commended Chief Watson and the Police Department ' s efforts . Alderman Zurcher suggested holding a seminar for the people who run these clubs , before citations are given out . Mayor Hanna said one had been held Monday evening and was well attended . Alderman Williams moved the resolution . Alderman Pettus seconded . Upon roll call , the resolution passed on a vote of 6 to 0 . RESOLUTION 59 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . CONSENT AGENDA BID 98 - 33 / LAKE SEQUOYAH BAIT SHOP RESTROOM : Award of bid 98 - 33 to Heckathorn Construction for the construction of a restroom May 19 , 1998 facility at the Lake Sequoyah Bait Shop in the amount of $ 25 , 113 with a 15 % contingency . RESOLUTION 60 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . BID 98 - 26 / CREMATORY : Award of Bid 98 - 26 in the amount of $ 44 , 097 . 13 to Bestech Environmental Resources , Inc . , for a small crematory for individual cremation services and a medium crematory for mass cremation services , for use by the animal shelter . The bid award includes installation . RESOLUTION 61 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . BID 98 - 31 / POLICE MOTORCYCLES : Award of Bid 98 - 31 in the amount of $ 45 , 773 to Cycle Connection for the acquisition of two heavy duty police motorcycles . RESOLUTION 62 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . ENGINEERING STUDY / IL RIVER BASIN SANITARY SEWER : A resolution awarding an engineering contract to RJN Group , Inc . , for a preliminary Engineering Study of the Illinois River Basin 16 sanitary sewer in the amount of $ 218 , 595 plus approval of a 10 % contingency of $ 21 , 859 . RESOLUTION 63 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . MINUTES : Approval of minutes from the May 5 , 1998 , meeting . Alderman Williams moved to approve the consent agenda . Alderman lurcher seconded . Upon roll call , the motion carried on a vote of 6 to 0 . OLD BUSINESS There was no old business . NEW BUSINESS VA98 - 3 . 00 / SUNBRIDGE /KEATING Mayor Hanna introduced an ordinance vacating a portion of a utility easement located on lots 14 and 15 in Sunbridge Subdivision . The request was submitted by Bill Keating on behalf of Keating Joint Venture . 2 May 19 , 1998 City Attorney Rose read the ordinance for the first time . Kevin Crosson , Public Works Director , stated there are no utilities located in this easement . The City has received no objections from the utility companies . Alderman Williams noted this passed Planning Commission 6 to 0 . Alderman Williams moved to suspend the rules and go to second reading . Alderman Trumbo seconded . Upon roll call , the motion carried on a vote of 6 to 0 . City Attorney Rose read the ordinance for the second time . There were no comments from the audience . Alderman Trumbo moved to suspend the rules and go to the third and final reading . Alderman Pettus seconded . Upon roll call , the motion carried on a vote of 6 to 0 . City Attorney Rose read the ordinance for the third time . There being no further comments , Mayor Hanna called for the vote . Upon roll call , the ordinance passed on a vote of 6 to 0 . ORDINANCE 4097 AS RECORDED IN THE CITY CLERK ' S OFFICE . VA98 - 4 . 00 / DICKSON ST , ALLEY / FENNEL Mayor Hanna introduced an ordinance vacating approximately 12 ' x 72 . 5 ' of an existing alley at 310 W . Dickson Street . The request was submitted by Hiegel -Miller Architects on behalf of Joe Fennel . City Attorney Rose read the ordinance for the first time . Alderman Williams noted that the Planning Commission moved to approve this subject to the property being converted to a utility and drainage easement . He asked why this was left out . Alderman Williams moved to add "and drainage . " Alderman Zurcher seconded . Upon roll call , the motion carried on a vote of 6 to 0 . 3 May 19 , 1998 Alderman Pettus asked if the letter from Mr . Fennel is a legal , binding easement . City Attorney Rose did not know if that could be enforced . Alderman Young stated this is the kind of thing that gets lost , as it is not filed at the courthouse . Rose thought if it is not filed and a matter of record , it would not be enforced . Alderman Williams asked if the ordinance would not require them to submit a legal easement in order for the vacation to go through . Rose agreed it is a condition of the granting of the vacation . Kevin Crosson , Public Works Director , stated these concerns are different from what the utility companies and the City have . Their concerns are about drainage and utility access . Rose stated this ordinance simply abandons the alley . It is only contingent on the City reserving a right to the utility and drainage easements . The Council can make it contingent on something else . Crosson stated his interpretation of what the Planning Commission did is that they left the access arrangements between the private property owners . This item was left on first reading . GIRLS SOFTBALL COMPLEX Mayor Hanna introduced a resolution approving a construction contract for $ 572 , 804 with Heckathorn Construction for Phase II Girls Softball Complex located adjacent to Holcomb School . Kevin Crosson , Public Works Director , stated Phase I involved the earth work for this project and cost approximately $ 320 , 000 . There will be a third phase that will involve most of the improvements above ground and the off- site improvements . Alderman Trumbo stated this is a great use of the HMR tax and a good reason to have it . 4 May 19 , 1998 Crosson added this will be a multi -use complex . Alderman Williams moved to approve the construction contract . Alderman Pettus seconded . Upon roll call , the resolution passed on a vote of 6 to 0 . RESOLUTION 63 - 98 AS RECORDED IN THE CITY CLERK ' S OFFICE . AMENDING RULES OF ORDER Mayor Hanna introduced a resolution amending the Rules of Order of Procedure to require the support of three aldermen in order to place a discretionary item of new business on the City Council agenda . Alderman Williams pointed out this would be only for a discretionary item that one of the aldermen present at the agenda session would object to . Alderman Young asked if it would take one proposing alderman and two others to support putting it on the agenda and why wouldn ' t it require two aldermen to object to it . Alderman Williams replied it would give any one of them the right to say let ' s consider whether we really want that item on the agenda . Alderman Pettus felt it is a way to squelch controversial issues . She does not want to close the forum and suggested looking at alternatives . There are times when a resolution needs further work in a committee . She passed out an amendment pertaining to this . Alderman Young stated it is getting harder for citizens to get something on the agenda . Alderman Pettus stated she intended to substitute the words " a majority " for " three aldermen " in the last sentence and then add the paragraph , " If less than a majority support the item, then it will be referred to the appropriate Council committee for review and recommendation as to future action . " Alderman Williams still supported having only three aldermen in favor of putting an item on the agenda , in order not to squelch discussion . 5 May 19 , 1998 Alderman Zurcher asked if it would come back to the Council no matter what the recommendation of the committee was . The Council agreed it would . Alderman Williams agreed to carrying this over to the next agenda . BID WAIVER FOR SITE WORK/ SUMMIT STREET WATER TANK Mayor Hanna explained this was pulled from the agenda . The quote received was not acceptable . Kevin Crosson , Public Works Director , stated a bid will be done . ADJOURNMENT Alderman Williams announced an Ordinance Review Committee meeting . Alderman Zurcher announced an Environmental Concerns Committee meeting . Mayor Hanna adjourned the meeting at 7 : 05 p . m . 6 PRAB Regular Meeting parks , the needs of the community must be addressed . There is a concern of securing the facility against vandalism and / or theft . Ms . Dugwyler asked if the league would be responsible for hanging and removing the netting from the cages , and Mr . McGill said the nets would be put in place at the beginning of the spring season and removed after the conclusion of the fall season . Ms . Dugwyler was also concerned that the proposal included limiting public access to the batting cages . Mr . Ackerman said the proposal would be taken under advisement , and staff would be in contact with Mr . McGill . It was also brought to the Board ' s attention that Field # 6 was in need of new bleachers . . IX . Walker Park parking lot update - Dugwyler Ms . Dugwyler said the parking lot went to the Planning Commission on January 26 for a conditional use because it was zoned R- 2 instead of P- 1 . It was approved , so the project should be bid in the upcoming months . X . Sutton Street property update - Kathy Thompson Kathy Thompson , a Sutton Street neighbor , proposed that the City purchase the property from Mrs . Bobby January . Ms . Thompson said the property has a lot of history . She believes Mrs . Roberta Fulbright named the park the Woodlands Park . The park was used extensively in the 1930s and 1940s . Ms . Thompson said she viewed the park as a walk-by , meditative , historic park in which children play . She suggested leaving the park natural , adding only indirect lighting and replacing a wall along Sutton Street which had existed in the past . Mr . Bleidt stated he had contacted some property owners in the area who expressed interest , but he would like to hear opposing views as well . Ms . Dugwyler suggested inviting the public to the next regular meeting to comment on this issue ; everyone should be given the opportunity to express their views . Ms . Judy said one of the main concerns was the lack of parking along Sutton Street which might present a problem . Ms . Thompson said no parking signs should be placed and that there were other places to park in the neighborhood . Mr . Charboneau inquired February 2 , 1998 / Page 4 PRAB Regular Meeting about the price of the one acre property . Ms . Dugwyler said it was listed at $ 79 , 900 , but the firm expressed interest in talking to the City . Ms . Thompson said she thought Mrs . January was in favor of making the site a public park . Mr . Ackerman said , after touring the site , he felt it would make a very nice park . He also pointed out that if the property became part of the parks system that it would be made available to the public . He encouraged Ms . Thompson to work with the neighborhood , determine the pros and cons of making the site a public park , and get a consensus of the neighbors . Mr . Ackerman said the PRAB was more than casually interested in the site becoming a neighborhood park subject to a firm coalition of the majority in favor of a neighborhood park and the negotiation of a reasonable , justifiable price . Ms . Constance Clack , a neighborhood resident , expressed concerns regarding the traffic situation . The catholic church and school presents a lot of congestion in the area . There is not a place for cars to park . She also reported an increase in . the number of crimes in the neighborhood which may present a safety issue regarding children . Anita Scism , a resident of 917 E . Lafayette whose back property adjoins the Sutton Street site , applauded Ms . Thompson ' s vision . However , she stated that there were problems in the area , and she urged the PRAB and City Council to examine them carefully . Ms . Scism reported that there are times she cannot access her own driveway due to cars parked along Lafayette in no parking zones . Chris Krueger , a Sutton Street resident , urged the PRAB to take the time to learn all the issues in the area . She stated a concern regarding the traffic , and she said parking was very limited . XI . Bocce ( sport ) request - Nancy Williams Ms . Williams requested the construction of a bocce court . There is a court planned in the concept plan of the senior citizen center . Ms . Williams asked if there was anything her group could do to help expedite the construction of a bocce February 2 , 1998 / Page 5 PRAB Special Meeting field per day with lights ; $ 100 field deposit refundable by check request . Mr . Dawson reached this conclusion due to the fact that if $ 75 per field without lights were charged , it would be $ 40 per field higher than those fees charged by Springdale . MOTION : LUTTRELL/STAGGS Mr . Luttrell moved to recommend to City Council that fee structures presented by staff of $ 50 per field per day without lights and $ 75 per field per day with lights be adopted . The motion carried 6- 0 -0 . VI . School lease update - Dugwyler Mr . Charboneau commented on the current state of disrepair of the Asbell gym . Mr . Ackerman said money had been committed to aid in ceiling tile replacement and interior painting . Mr . Ackerman also said , in his opinion , he agreed with working with the school system in a number of areas , but physical maintenance requirements when compared to the benefits received by the parks system did not equate . The cost is tremendous for minimal public use . The schools are funded to provide maintenance of their facilities . He requested examining our commitments in these areas . Mr . Ackerman further stated that we cannot , as a parks system, continue to move in the same arena as years past regarding maintenance of non-city owned equipment , buildings , and structures . The Parks Division has major obligations to the community, and to continue spending money on facilities which may or may not be utilized to any magnitude by the public raises questions . This needs to be carefully reassessed . It is anticipated that Washington School and the new middle schools will seek cost shares in the construction of gymnasiums in the near future . Mr . Ackerman requested copies of the old , existing lease agreements to compare to the proposed lease draft presented with requested changes highlighted for consideration by the Parks and Recreation Advisory Board . Mr . Bleidt also requested the Public Works Director , Kevin Crosson , appear to answer questions if the need presented itself . Vii . Sutton Street property update - Dugwyler February 11 , 1998 / 7 PRAB Special Meeting Ms . Dugwyler said she had received mixed opinions regarding the Sutton Street property . Mr . Bleidt said he had received four calls against and three calls in favor of the proposal . Mr . Ackerman has received six telephone calls against the proposal to purchase the property as a public park . The regular March PRAB meeting will provide an arena for public input on this matter . VIII . OTHER BUSINESS Ms . Dugwyler has received and placed in staff files the Botanical Garden Society of the Ozarks , Inc . bylaws and articles of incorporation . She said the group was still working on a risk management plan , and their liability insurance was being finalized . A list of 1998 BGSO plans for improvements were distributed, and Ms . Dugwyler stated that staff did not foresee any problems with the plans . She requested that any PRAB members with concerns regarding these plans contact her and the concerns would be placed on the agenda for the March regular meeting . Mr . Ackerman said there were outstanding issues regarding LandPlan, Inc . and the Lake Fayetteville trail which needed to be resolved . Ms . Dugwyler said she was pursuing questions regarding a $ 20 , 000 grant received for the project . If the grant is given back, future applications probably would not be looked upon favorably . Meeting adjourned at 9 : 38 p . m . MINUTES TAKEN BY : aioL � �T JohiY Nelson First Draft 2 . 12 . 98 / 5 : 50 p . m . Second Draft 2 . 17 . 98 / 8 : 23 a . m . February 11 , 1998 / 8 park ? Heady : We typically encompass basketball or tennis courts if we have the opportunity to have the space . In this development , if we did not have to give up the almost four acres , it would allow us to develop more infrastructure on site . In a lot of our properties we do golf practice areas . Judy : Is this going to be a family-oriented or student - oriented development ? Heady : Student -oriented . The requirement we understand is for facilities . We need to provide them for the students . We ' re not looking to the city to provide them . We want to keep the space , so we can provide them ourselves . Ackerman : I think this board would probably be willing to consider your proposal . I think you would need to come forth with details , exact measurements of the property , and let ' s be specific of what we are speaking . Then if it ' s agreeable with you and you can afford to give up a reasonable amount of land , I think there would certainly be some favorable comment in that regard . City staff has been visiting with Children ' s House in regards to their needs . Peggy Smith stated that the director of Children ' s House had appeared at an earlier City Council meeting where the impression was given that the organization would move from the current site . Mr . Ackerman said recent conversations with Children ' s House indicated they would be ameniable to this arrangement . The objective is to accommodate Children ' s House and enlarge their facility with the least disturbance to their program . Mr . Ackerman said he thought there was a way to do that and accomplish what the developer wanted as well . V . Sutton Street property public input - Dugwyler Neighborhood residents appeared at last month ' s meeting proposing the purchase of this property for a park . They were asked to survey the community in which they live where this park would accommodate and serve . The PRAB asked people who are interested in seeing a park as well as those opposed to the idea to speak tonight . March 2 , 1998 Page 5 PROPONENTS : Kathy Thompson : My name is Kathy Thompson , and I live at 507 North Walnut . I have lived in the historic district for nineteen years . I came before the Parks Board a month ago along with Cindy Long to propose that the DRAB buy the Sutton Street walk-by historic park . We were sent away with an assignment to find out how the neighborhood felt about this . So the first thing Cindy Long and myself did was poll the households surrounding the park . Out of those households we found one person we could not contact , seven people for it , two people " no" , and two people who where undecided . That was three weeks ago . We have those people ' s signatures on our poll sheet with their decision . After that encouraging information , we got together a group of ten people and divided our neighborhood into sections . Our boundaries are Fletcher /Olive on the east , Dickson / Spring on the south , Washington /Willow on the west , and Rebecca / Johnson on the north . What we took around were what we are calling Sutton Street Walk-By Historic Park Petition , but actually , in reality , it is not so much a petition as it is a survey . Because all we asked people to do was sign their name , their address , and indicate yes or no . We gave them the choice of how they felt about the park . By then someone had brought around a sheet of paper all over the neighborhood without signing it against the park . People were aware of it , and we tried to explain to them about our proposal . Out of all of those people we have 182 people on our petition sheets . Out of all of those households the ones that are not on it are just people who simply were not at home . If they were not at home , we left a sheet explaining there was a meeting tonight so they would be aware . We left our name and address on each sheet , so if they were interested they could call . Out of those 182 people , 165 were for the park , 13 were against the park , and 4 were undecided . All of the people who went around and surveyed individually told me that the people who were for the park were overwhelmingly for the park . The people who did that are very much aware of the fears and the problems people have who are against it . It seems like to me that we have come up with four basic problems . One , they are Page 6 March 2 , 1998 worried about the traffic . Part of that is because they already have so much problems with St . Joseph ' s traffic . Two , some are concerned with lighting . I tried to explain that we are going to propose that there be lighting up in the trees , so it would not only be safe but beautiful as well . Three , the future of the park . We would make sure that the park was not changed . It would be kept natural and only improved historically . It would be a park that would have no recreational equipment brought it . It would be kept and maintained as it is . Four , the criminal element . We believe that these problems can be overcome , both as a neighborhood and as a neighborhood working with the city . Basically it seems like what has really come out of this for most people in trying to understand how everyone feels , is that a basic fear is really the problem . I think that is a problem we have in our society today ; people are afraid of what they do not know . It ' s easy to make things up . It ' s easy to fear things that you really don ' t know will happen . We have decided that we are really hopeful that people would much prefer to try to work on the problems that arise rather than to get rid of something that is really important to our neighborhood . There are many more things that I could say , positive things that have come up and positive things that people have told me : what it was like to go around and actually meet your neighbors that you had never seen before but had always wondered who lived in their houses ; stories that they told us about playing in the park ; but I know there are other people who want to talk . The last thing I would like to say is that I feel like we really hope that it does not disappear . Because once it disappears it never comes back . It is the only historic district that we have in our city . There has already been a lot of it taken away . Ms . Thompson also read a letter written by Joan Smith , an art historian and neighborhood resident . [See attachment "A" following this page . ] Ms . Thompson also submitted signed poll sheets as supporting information . Sarah Leflar : My name is Sarah Leflar , and my address is 1495 Finger Road . I am here on behalf of the 300 members of Friends March 2 , 1998 Page 7 Attachment "A" submitted by Kathy Thompson TO: The Parks Board FROM: Dick and Joan Smith corner of Sutton and Washington Due to a family illness, we couldn't be here tonight, so we are writing this letter in support of converting the private park on Sutton St. into a public historic landmark. We live on the corner of Sutton and Washington, a one-minute walk to Mrs. January's property. Many of us in this neighborhood with permission from the owner, have used Mrs. January's property for a number of years. Both of our children have enjoyed nature and sledded with their friends there. And, for a long time we have wanted the historic district to have a neighborhood park for our families to use. Although Mrs. January always has been very generous about letting people use the area, we are concerned that if it is sold for development it will be unavailable for use any more. In addition, we feel there is enough historic and aesthetic value to the location that it definitely merits being saved and preserved in its current state. It would be a perfect addition to the historic district. We contacted Mrs. January a couple of weeks ago to find out what she knew about the history of her property, and she told us that Roberta Fullbright had named the area "The Woodlands." Mrs. Fullbright even wrote a poem about it that was published in the newspaper at the time. Unfortunately, we haven't had time yet to find a copy of the poem, but apparently there also were several newspaper articles published about "The Woodlands." Mrs. Lighton, also a resident in the historic district, said that when she was young the park was called `Big Spring" and that many neighborhood children spent time playing there. Mrs. January told us that the people who cleared the area and had all the rock work done were Van and Mary Howell. Mrs. Howell was around 90 when she died about 10 years ago. Mrs. January believes that the Woodlands was constructed beginning around 1910 or 15. She was told by Mrs. Howell that one man built all of the rock work for the Howells. When the January family bought the property in the mid- 1970s, they embarked upon a restoration effort that brought the Woodlands back to its original state. Working from old photographs and apparently with some help from the original owner, Mrs. January and a New Zealand mason, Ian Dickey, embarked on the restoration. They excavated areas that had been walls, the well, and so on, and used the original rock that was still on the site to repair and rebuild the Woodlands into what it still is today. The Woodlands was used in both a private and public way for its entire existence. Mrs. January said that picnics and church and community gatherings frequently have been held on the grounds for the last 80 or so years. The spring-fed well was used to chill watermelons for community picnics. Special openings were built into the rock walls to hold torches to light the grounds for evening events. We hope to locate the newspaper articles, photographs, Mrs. Fullbright's poem, and other memorabilia related to the Woodlands to put into the archives at the Washington County Historical society. Page 8 March 2r 1998 Attachment "A" submitted by Kathy Thompson We have heard concern over potential noise and safety for surrounding residents if this is made a public property. We contacted the Fayetteville police department to find out if there was any reason for concern, since we live in such close proximity to the park. They told us that at Headquarters House on Dickson St. , a historic site comparable to the Woodlands, they only had been contacted 3 times and one of those was a fire alarm. We are satisfied that it will not become a nuisance to neighborhood property owners, and are very much in support of the city acquiring this property. In order to discourage any potential problems, we would like the Woodlands to be kept and maintained as it is, without additional parking or recreational facilities. The question of lighting, we think, should be left to the people in the homes that back up directly to the park. It is our opinion that signs with the park's name should be very small and unobtrusive or left off altogether. Thank you. March 2 , 1998 Page 9 For Fayetteville . We support the city purchase and preservation of the historic Sutton Street park . We feel that the preservation of this lovely public space would promote the values that we represent , in particular , environmental quality , beauty , sense of community , the preservation of our unique heritage here in Fayetteville , and those are key values to us . We think it is clear that the preservation of the park would support that . It is a lovely, unserviceable green space . We hope that the city takes this opportunity to purchase and maintain it for generations to come . Ackerman : Do you have a referendum of some kind from your board in a written document for you to make this presentation in support of this proposal ? Leflar : The Board has approved the statement I just read . I can get a copy to your committee tommorrow . Orland Maxfield : I ' m Orland Maxfield , I live at 533 North Willow . I am going to speak really twice while I am up here because of the difficulty of going back and forth . First , I am here as Chair of the Fayetteville Historic District Commission . I am speaking now on behalf of that commission . I would point out first that I don ' t really think that anyone has a question of this property , but in the article that came out just three or four days ago in the paper it commented that the property is near the Washington /Willow historic district . I want to correct that : it is in the district . I have a map here if anyone has any question about that . I am going to read this statement , and then I will give copies to you and I will say a few other words . " The Fayetteville Historic District Commission passed the following resolution relative to the property in question at its regular meeting on February 18 , 1998 . ` Be it resolved that the Fayetteville Historic District Commission supports the purchase of The Woodland , the January property located east of Walnut Avenue and north of Sutton Street , by the City of Fayetteville for use as a neighborhood park . "' I am authorized by the Page 10 March 2 , 1998 commission to give this . You have already heard that actually this has served , though a private property , in a somewhat quasi -public way . People in the neighborhood have been using it , apparently with the Howell ' s and January ' s blessing , so that use by those other than those that own it would be nothing new . It has been going on for a long time . I would say more to the point even perhaps , that having neighborhood parks is really a part of the character of historic districts of the vintage of the Washington-Willow district . We have a lot of buildings in that district from different dates . My house was built in 1895 . To go back to that time and up to the 1920 ' s , neighborhood parks were very important . We do not have one in that district . In fact , we have almost no green space in the district . That property , and what I would refer to simply as the somewhat enlarged lots on North Willow between Rebecca and Prospect , are really the only open areas we have . Those lots are privately owned , there are houses on them, and they are not for public use at all . Certainly the acquisition of this , not only I think would benefit the people who live in that neighborhood , but it certainly would be in accordance with the nature of historic districts of this type . Speaking as a private citizen , divorced from this district commission , I ' m the old timer . I ' ve lived in Fayetteville since 1996 . I have lived in my house at the corner of Davidson and Willow , directly across from Betty Lighton , since 1956 . This makes me certainly someone who has lived about as long as anyone else around in that neighborhood . I have observed the neighborhood fairly closely , I would say , in all of those years . We need a neighborhood park ; I am speaking simply as a neighbor of other people . We need a neighborhood park . In the time that I have lived there there have only been , I would say , two or three empty lots that now are built on other than the little bit of green space that I referred to earlier . We do not have a formal neighborhood organization ; I certainly do not pretend to speak for people with whom I am in contact from time to time about the neighborhood . Others have expressed to me their concern about this issue , the need for this , and I certainly applaud the efforts of Kathy [ Thompson ] and others who acquired all of those signatures . What a job this amounts to . I am giving you the support of the Fayetteville Historic District Commission , and I am giving you my own support as a private citizen . March 2 , 1998 Page 11 Mr . Maxfield distributed a resolution approved by the Historic District Commission [ see attachment "B" following this page ] Chris Huggard : My name is Chris Huggard , and I live on North Willow Avenue . I have lived there for sixteen years . I am an avid walker and , as Orland Maxfield has mentioned , I also have paid attention to what has been going on in the neighborhood . I strongly support the park . I think it would add something to the neighborliness of the neighborhood . It would also be nice to permanently protect , in the operative term these days , green space that would include trees , grass , and the historic landscape architecture . I would also like to say that we should keep parking away from it ; we don ' t need parking there . It ' s very narrow there . Just keep it as a walk in ; that will limit the traffic . As Kathy Thompson said , the lighting probably should be determined by the people who live there ; however , I think lighting would be a security measure . It would actually make it more secure to have the lighting rather than to keep it dark as it is now . The other point is , if it were to be sold , someone might build a new home . Being in the historic district , by the way I am a professional historian , I think that would take away from the quality of that area . Building a new 2 x 4 home I don ' t think would add to this . I would like to go on record as saying I strongly support a walk - in park at the January property . Jeanie Wyant : I am Jeanie Wyant , and I live at 424 Johnson . I wasn ' t home when they came by and didn ' t sign anything , so I wanted to put my word in . I ' ve walked around in that area a lot , and I ' ve not ever gone into the park because I assumed it was a private person ' s place . I am in favor of it being a walk-by neighborhood park ; I ' d love to go in on my walks or take some time just to sit . I agree with the comments on the lighting and the parking that have been made . Cynthia Peven : My name is Cynthia Peven , and I live at 514 North Mission , down around the corner by Mission and Maple Street . I am simply here to argue as a resident and a home Page 12 March 2 , 1998 Attachment %%B .. B 4 4c;' u Q99 nOD4© L�JG660[� , � A OLJ4C44LD066aD OD Q� Z , X998 of March 2 , 1998 Page 13 owner of the area that I would very much like to see this open space preserved . I greatly fear that if it is not preserved as a park then like very much of the other property surrounding the historic district and the Mt . Sequoyah area , then it is going to be developed into houses . Three or four houses are capable of fitting into a space that size , and we ' ve seen it happen all around on the Mt . Sequoyah hillsides and so on . My argument is please make this a park . Let ' s not let this opportunity pass us by so that this becomes more developed private space . I have a few hopefully logical arguments in favor of making this a park area . The first is location , that important element of real estate ; the only really sizeable green space in this entire neighborhood area is the Wilson Park area and there is no equivalent on the eastern side of College Avenue and there is no equivalent on Mt . Sequoyah . I am very much in favor of all of the various efforts that the Parks Board is considering to conserve and preserve some of the open spaces that are up there already . Because if we do not hang on to them, the burgeoning value of the land is going to force the next generation of people to develop them . They are very desirable locations to build and reside in . Keeping this an open park area , however , helps preserve the value of the living space of all of those houses that already exist there and that are being added to the area . My second argument really doesn ' t hold much water and that is the terrain of the area ; it ' s a very beautiful natural creek . We have seen houses hung on hillsides much steeper than this with much worse drainage problems , but it would be nice to see this really unique small area of terrain preserved because it has a lot of charm . The third argument has been made for me by some of the other people up here—the weight of tradition . It has been a unique , beautiful area that people have already enjoyed as part of our historic heritage . It already exists as a green space and as such it already attracts traffic to it . People already go into the area and use it as a walk - in park , a park that is put there without driveways into it , without playground facilities , but just as a park that people would walk to with sidewalks and so on . I don ' t see that much of an increase in people going into the area over the ones that already use it . It exists now as an asset and a buffer to the people who reside around it , and I really do understand and honestly say that with them I would like for it to remain what Page 14 • March 2 , 1998 it is . I would like for it not to change . But I fear that change is inevitable , and that they ' re not going to be able to piggyback the use of that area onto their residences as long as it remains a private space . Without it being a public space , the residents around it actually have no control over what happens to the property . My fifth argument would be conservation . The size and beauty of the trees and plants in existence there is worth saving . If it is developed , many of those trees will go . I would like to see it change somewhat because I know it is full of poison ivy , so it does need a little care and maintenance . My final argument is purely selfish . I want this space to stay open in my neighborhood . We need more parks in the city of Fayetteville that you do not drive to , that you do not drive through , that you walk to on a sidewalk . It ' s unique to the neighborhood , and I would like for it to stay there . Once there was plenty , and there still is plenty , of green space in the historic district and on Mt . Sequoyah , but this is filling in very , very rapidly . And when it is all filled in and there are new large and expensive houses on small yards in all of those spaces then the unique character of the area will be lost . While I am up here beating my drum for the Sutton Street property , I ' d also like to go on the record as supporting the purchase or the development of the area around the water tanks on Fletcher Street , and I would someday like to see the Parks Board look into the acquisition or some kind of cooperative arrangement on the gas company warehouse property that is on Maple Street . Ms . Dugwyler stated that she had received voice mail from Dr . Samuel Hucke , a resident of 365 N . Olive Avenue , which adjoins the Sutton Street property , pledging his support in acquiring this property as a public park . Angela Stevens : My name is Angela Stevens , I live at 929 Sutton Street , my house sits directly across the street from the Sutton property . I feel so blessed to live there and to be able to look out at that beauty . I have three little boys . We don ' t use it that often out of respect for the Januarys . My whole family loves it very much . I would love to see it preserved . I ' m for it one hundred percent . I cannot find any March 2 , 1998 Page 15 negativity in it . All the fear that you hear coming out ; I don ' t live through fear . I live through positive thought , and I feel like that if the community is positive about it then it will be a positive , wonderful place for everyone . As far as the traffic , my understanding is that St . Joseph ' s is building a church and middle school east of Highway 265 , which will alleviate a lot of traffic in the neighborhood . Richard Alexander : My name is Richard Alexander , and I live in the historic district next to the public library . I ' m very much in favor of the park . A lot of my arguments have already been well stated by the people who have preceded me . A couple of things I would like to say : it already is a park . There is a tremendous amount of infrastructure there , it is frankly a historic place and probably if it were a building would be placed on the national register . It is that old and that significant . The historic district does not have a park . This is Fayetteville ' s historic district . I think as a public body one of the things you are charged with is looking into the future not just making decisions for today . Fayetteville is growing . Green space like this will be a premium in the future both with respect to desirability and affordability . This is an opportunity , in my opinion , for the Parks Board to do the right thing and make a wise investment at a very reasonable price . Not so much for the present , because we live in a nice town that is not so crowded , but twenty or thirty years from now . That is what I am talking about . I think our town is going to be a lot more crowded , and this type of green space is going to make our city one of the desirable places to live that we are repeatedly voted for in various surveys and polls . I work in town , and I ' ve been lobbying to have the Sutton Street property considered for a park for about a year . I ' ve met very few people who are opposed to the idea both within and outside the historic district . I think that the survey that Kathy [ Thompson ] and others did proves the point that the majority of the people are for this as a park . The arguments that I have heard against the park , and I know some of these people who are making these arguments because they ' re my neighbors and good people who do not have a bad motive , are arguments that could be used against all of our parks . I would ask which ones would we not have : Wilson Park ? Gulley Park ? I Page 16 March 2 , 1998 live next to the public library . On the one hand it would be nice not to have the library there because people park next to my house when they use it . On the other hand it is a great facility and a great asset for our town and my neighborhood . I think sometimes we have to consider the overall and the broader picture , and I think that is certainly the case with this park . Harriet Jansma : My name is Harriet Jansma , and you saw me a few weeks ago speaking on the issue of the city property on Mt . Sequoyah which is much closer to my house . I live about six blocks from the Sutton Street property , but I walk by it several times a week during the winter , spring , summer , and fall . I ' ve seen pileated woodpeckers come into that area from way out in the countryside in the winter time when the birds have larger territories when there is snow on the ground . We haven ' t had that this year because it ' s been such a warm winter . Because this area is a bowl and is a very wind protected place it would be a great place to sit in the winter as well as in the summer when the property is nicely shaded by the trees . Because the property is a very short city block from the public library it forms a nice asset in relation to the public library . I ' m not too far from retirement and can picture myself walking of the morning to the public library to get a book and walking over to that park to start that book . That is the kind of use that I can envision that park having . Thankfully the historic district has many more young children than it did for awhile , but it also has a great many adults who will use that park in the way I have mentioned . I would urge you to consider the purchase of the property . OPPOSITION : Nancy Burris : My name is Nancy Burris , and I live at 315 Sutton Street . I am not a public speaker , and I wasn ' t sure all day if I would be able to make my feet walk up here , but here I am . I am going to leave it up to my neighbors who do not want the park . I ' ve given each board member a copy of the March 2 , 1998 • Page 17