HomeMy WebLinkAbout2008-08-19 MinutesMayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
City of Fayetteville Arkansas
City Council Meeting Minutes
August 19, 2008
City Council Meeting Minutes
August 19, 2008
Page I of 13
Aldermen
Ward t
Position I
—Adella Gray
Ward I
Position 2—Brenda
Thiel
Ward 2
Position 1
— Kyle B. Cook
Ward 2
Position 2
— Nancy Allen
Ward 3
Position I
— Robert K. Rhoads
Ward 3
Position 2
— Robert Ferrell
Ward 4
Position I
— Shirley Lucas
Ward 4
Position 2
— Lioneld Jordan
A meeting of the Fayetteville City Council was held on August 19, 2008 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, Mayor
Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience.
Pledge of Allegiance.
Mayor's Announcements, Proclamations and Recognitions:
Presentations, Reports and Discussion Items:
Walton Arts Center's Yearly Report given by Terri Trotter, Interim President/CEO and
City of Fayetteville Appointee Curt Rom
Curt Rom, Walton Arts Center Council member and Secretary, Treasurer gave the annual report
on last years success and the upcoming season at the Walton Arts Center.
Terri Trotter, Interim President/CEO gave a report on the organizational five year goals of the
Walton Arts Center. The goals were audience participation, maximizing the earned revenue
potential, and to see that every child attends the arts center at least one time each year. She
explained the highlights and accomplishments of the Walton Arts Center during the past year.
Curt Rom spoke
on the additional
upgrades that have been made to
the
facility as a result of
operating reserves
in the bank which
were created by strong ticket sales
last
year.
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Mayor Coody thanked them both for coming and giving a great presentation. He also
congratulated them and thanked them for all the work they do for the Walton Arts Center.
Alderman
Rhoads:
The
feasibility study came up with a number. Was that number based on it
being built
ten years
from
now?
Curt Rom: 1 believe that projection was to start construction within five years.
Terri Trotter: The actual number was based on the fourth quarter of 2009.
Quarterly Report of Financial Condition of the City — City Clerk/Treasurer
City Clerk/Treasurer
Sondra Smith:
According
to State
Law I
have to present to you the
Financial Report of the
City in open session. A copy
has been
put in
your boxes.
Alderman Cook gave a list of the current board and committee openings.
Agenda Additions: None
Consent:
Approval of the August 5, 2008 City Council meeting minutes.
Bid # 08-59 Thompson Culvert
Company:
A resolution awarding
Bid # 08-59 to Thompson
Culvert Company in the amount
of $26,489.40
for the purchase of
a pedestrian bridge for the
Wilson Park
Trail; and approving
a project
contingency in the amount
of
$1,986.70.
Resolution 158-08 as Recorded in the office of the City Clerk
Southern Disposal, Inc: A resolution authorizing the Mayor to execute a contract with
Southern Disposal, Inc. to haul and dispose of solid waste in the City limits of Fayetteville.
Resolution: 159-08 as Recorded in the office of lite City Clerk
Nelson Engineering: A resolution to approve a contract with Nelson Engineering in the amount
of $36,100.00 to provide engineering services for the West Fork Water Quality Monitoring
Project.
Resolution 160-08 as Recorded in the office of the City Clerk
Don Taylor Representation: A resolution to authorize the continuation of the representation by
Don Taylor of the defense of the Romine case.
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Resolution 161-08 as Recorded in the office of the City Clerk
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Lucas
seconded the motion. Upon roll call the motion passed unanimously.
Unfinished Business:
Hiring Freeze: Hiring Freeze Appeals: None
Amend Chapter 174 Signs: An ordinance to amend Unified Development Code Ch. 174.08,
Prohibited Signs, to allow "A" frame sandwich/menu board signs under certain conditions. This
ordinance was left on the First Reading at the August 5, 2008 City Council meeting.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Ferrell seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Current Planning gave a brief description of the ordinance. He stated I
submitted in your packets some final amendments that I would ask you to adopt Exhibit "A."
Alderman Thiel moved to amend the ordinance. Alderman Ferrell seconded the motion.
Upon roll call the motion to amend passed unanimously.
Alderman Thiel: I appreciate the changes that have been made that make it more restrictive
because I have concerns about obstructing sidewalks. I think this can benefit a few businesses
but I don't see that many businesses being able to utilize this.
City Attorney Kit Williams: In the downtown area, where the businesses are, the sidewalks
are very wide. I think that they would be able to do it. That is where a lot of the pedestrian
traffic is that they want to attract with these signs. Hopefully this will be of some help to those
businesses. I agree with all the changes that Jeremy is suggesting and would like to thank him
for changing Exhibit "A" accordingly.
Alderman Thiel: This will be a permitted sign. People can't just start putting up a sign of this
size.
Jeremy Pate: That is correct just like any sign that is established on the wall or a free standing
sign, it is a very simple drawing but they would simply show us where the sign would be located.
That way we would know, we would have a permit and be able to show someone if they put the
sign in the wrong place.
Alderman Thiel: I have had a call from at least one constituent that is concerned about adding
more signs. Because of the restrictions that we have provided in the ordinance I think we are
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going to be fairly limited in how many we are going to see. I will support it since we made the
changes.
Alderman Allen: I hope this will be received in the spirit in which it was intended. I intend it
to help businesses thrive that are not visible and I feel sure that it won't be abused.
Alderman Ferrell:
Although it
is restrictive
it is certainly enabling in being responsive to the
areas downtown and
we can help
them in their
endeavors to stay in business.
Alderman Ferrell moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5166 as Recorded in the office of the City Clerk
R-PZD 08-2980, Markham Hill Cottage Courts: An ordinance establishing a Residential
Planned Zoning District titled R-PZD 08-2980, Markham Hill Cottage Courts, located north of
Maine Street, between Sang and Cross Avenue; containing approximately 2.54 acres; amending
the official zoning map of the City of Fayetteville; and adopting the associated master
development plan. This ordinance was left on the Second Reading at the August 5, 2008 City
Council meeting.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Jordan: We haven't received any calls.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5167 as Recorded in the office of the City Clerk
Amend § 161.23, Neighborhood Conservation: An ordinance to amend § 161.23
Neighborhood Conservation to add Use Unit 26, Multi -family dwellings as conditional use. This
ordinance was left on the Second Reading at the August 5, 2008 City Council meeting.
Alderman Ferrell moved to suspend the rules and go to the third and final reading.
Alderman Cook seconded the motion. Upon roll call the motion passed unanimously.
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City Attorney Kit Williams read the ordinance.
Rob Sharp: I think it's a major erosion of the Neighborhood Conservation zoning to allow
multi -family zoning as a conditional use. We have a procedure where if someone feels that the
land is improperly zoned they can get it rezoned or do a PZD. I think this is an inappropriate
zoning.
Alderman Ferrell: I was just trying to provide an option. Since that time we had some legal
correspondence on this.
City Attorney Kit Williams: We have been sued by the owner of land that we did not zone his
property Downtown General, we zoned it Neighborhood Conservation, if that is what you mean
by correspondence.
Alderman Ferrell: Yes, that is exactly what I mean.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance failed 2-6.
Alderman Allen and Ferrell voting yes. Alderman Cook, Rhoads, Lucas, Jordan, Gray and
Thiel voting no.
This ordinance Failed.
Public Hearing:
Mayor Coody Opened the Public Hearing.
Raze and Removal at 402 E. Center Street: A resolution ordering the razing and removal of a
dilapidated and unsafe structure owned by Tiffany R. Major located at 402 E. Center Street in the
City of Fayetteville, Arkansas; and approving a budget adjustment in the amount of $4,945.00.
Yolanda Fields, Community Resources Director: We sent notice to the property owners on June
14th and they had until July 14th to bring this structure down. It has not happened so I am
bringing forward to you a raze and removal and a budget adjustment.
City Attorney Kit Williams: I read your memo on this but if we are in fact going to raze and
remove this structure we need to have some more facts that the City Council would be able to
use. A lot of times your pictures are enough to show that a building is about to collapse and
needs to be razed.
Yolanda Fields: We also have a determination from the Building Official. If we need an
additional determination from another entity I would be happy to get that from someone else.
City Attorney Kit Williams: In reading our ordinance there are several things the City Council
can determine, but they need some evidence as to why you or Building Safety thinks this is an
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unsafe or dangerous structure. This is one the City may have to raze so I want a little bit more on
record that the City Council has heard.
Yolanda Fields: Whatever you need me to get from Building Safety. They have done their
structural inspection and they have determined that this particular structure needs to be brought
down. Would you like something additional in writing?
City Attorney Kit Williams: It doesn't have to be in writing but it needs to be something that
you can present to the City Council that talks about how the building is structurally unsound. Do
you know about that or are you just relying on Building Safety?
Yolanda Fields: We have building officials that do the inspection and make the determination.
They provide us a form where they sign off and say this structure needs to be removed. So if
you all would like a written report from the building official I can request that on this one or on
any in the future.
City Attorney Kit Williams: In the past we have always seen structures that are falling down
and you can see that from the pictures. This one is hidden amongst the trees and it sure doesn't
look like a very good house but when I look at our ordinances and I look at the State Law you all
need to make factual findings.
Yolanda Fields: Let me pass these pictures around, this may help you see the problem
Yolanda passed around additional pictures.
Alderman Lucas: Is the foundation unsafe?
Yolanda Fields:
The foundation
is rotted, the
roof is rotted
and falling in. We have worked
with the owners
for at least four
months. We
need to see
some repairs done to the facility
because it is near
Head Start and
it is across from a church.
We have high traffic in this area
with families and
children. We are looking at
any possible
injuries that could happen at this
location.
City Attorney Kit Williams: So have our officials been inside the structure to see the floor and
stuff?
Yolanda Fields: Of course.
City Attorney Kit Williams: Those are the kind of facts that the City Council needs to hear.
Yolanda Fields: The memo also states that a determination has been made by the building
official.
City Attorney Kit Williams: But that is just the conclusions, you need to give the facts that you
are giving right now.
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Yolanda Fields: I will require a report from Building Safety that will give you the structural
details that you are asking for in the future.
Mayor Coody asked if the Council wanted to table this for two weeks or are these pictures good
enough for you.
Alderman Thiel: When 1 see the pictures of the roof though I don't know.
City Attorney Kit Williams: The reason I was a little concerned was because just looking at it
from the street I couldn't see anything like that. That is why I asked those questions.
Yolanda Fields: I can provide a report from Building Safety and ask them to document their
findings.
City Attorney Kit Williams: I would be more comfortable if we waited to get that because I
think we might have to knock this building down. We haven't had any cooperation from the
owners and if we knock it down we will need to go to court to try to get our lien paid. I want
good clear evidence if I have to go to court.
Alderman Allen: Have the owners made any effort to improve the property?
Yolanda Fields: No.
Alderman Rhoads: Have the owners argued with the facts that your people are presenting that
the roof is falling in and so forth? Have they protested?
Yolanda Fields: No, the only action that was taken was just a transfer of ownership.
Alderman Rhoads: Have they agreed that it's in disrepair?
Yolanda Fields: They have not argued it.
Alderman Thiel: Sometimes people actually take care of them when the City is going to go in
and do it. Do you think that might happen in this case?
Yolanda Fields: I would hope that it would happen but they have not indicated that they are
going to do that.
Alderman Gray moved to table the resolution to the September 2, 2008 City Council
meeting. Alderman Cook seconded the motion. Upon roll call the motion passed
unanimously.
This resolution was tabled to the September 2, 2008 City Council meeting.
Mayor Coody Closed the Public Hearing.
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New Business:
Fayetteville Municipal Property Owners' Improvement District No. 31 — Edgewater Park
Subdivision Infrastructure Project: An ordinance to establish and lay off Fayetteville
Municipal Property Owners' Improvement District No. 31 — Edgewater Park Subdivision
Infrastructure Project.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams: I think the Attorneys are here that proposed this too.
Alderman Ferrell moved to suspend the rules and go to the second reading. Alderman
Cook seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Ferrell moved to suspend the rules and go to the third and final reading.
Alderman Cook seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5168 as Recorded in the office of the City Clerk
Economic Development Strategic Plan: A resolution authorizing the Mayor to execute a letter
of agreement with the University of Arkansas Technology Development Foundation (UATDF)
to cost -share the preparation of an Economic Development Strategic Plan in an amount not to
exceed $75,000.00.
Phil Stafford: A selection committee comprised of members and representatives from the City
of Fayetteville and the University have selected Eva Cline and Associates as the most qualified
economic development consultant firm to work with us the City and the University to prepare
and economic development strategic plan. The strategic plan will be prepared in two phases.
He went on to describe the phases of the strategic plan. He stated the matter before you tonight
involves only Phase 1. The consultant team has defined a task outline that consists of collecting,
organizing, and analyzing background statistical data including the strategic plans of other key
stakeholder groups that relate to current and future economic development in Fayetteville. He
stated the Phase I activities will take approximately three and one half months.
Alderman Ferrell: I noticed that it says the final version of Phase I is close to the ULI Model.
What is that?
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Phil Stafford: An Urban Land Institute
Alderman Ferrell: The exposure I have had to Economic Development training looks at two
facets of it; existing industry and attraction of new industry. We are going to approach that the
same way aren't we? We have to keep what we have.
Phil Stafford: Absolutely, that is part of the statistical analysis to look at business trends in the
community historically.
Alderman Allen: I don't understand why we need to spend $75,000 to have someone come in
to tell us about ourselves when we have the FEDC, Chamber of Commerce, and the A&P. That
is just my continued concern.
Phil Stafford: I think we would gain from the objectivity and the experience of a consulting
group, especially one of the background and experience of Eva Cline. She will be joined by
other consulting groups that will bring considerable experience to this project. That objectivity
will be important to the outcome.
Mayor Coody: One of the things I am concerned about is the FEDC has a very external view of
the world and they try to look at the outside world trying to bring in businesses. The Chamber of
Commerce has a very internal view of the world and they try to work with the businesses that are
existing. Fayetteville has been doing a lot as far as trying to attract the appropriate businesses. 1
think this is one of the things that Fayetteville needs to do because this is not a strong economic
time in the world. This is a step in the right direction for all of Fayetteville.
Alderman Jordan: I hoped that we could have done this without going to an outside consultant
but since we do not seem to have that ability to do that I will probably support this. Although I
hope in the future we will get the experience and gain the knowledge to where we don't have to
hire outside consultants.
Mayor Coolly: I think we all can agree with that.
Alderman Cook: I was the one that sat on the selection committee and I can say that Eva Cline
was impressive and she is well qualified for this task. Some members are squeamish about
supporting this but I believe that an outside view of where we are and what we have is what this
boils down to. That sets a baseline of where we are at and that gives us an idea of how people
outside the City view us. I believe there is a lot of value in going through this analysis.
Alderman Rhoads: I don't agree with Alderman Jordan's comments. I believe that
periodically you have to have yourself examined by someone who is in the business of doing
those types of surveys and reviews. Our job after all this takes place is to make sure that we
listen and implement the good things that we get from it.
Alderman Cook: This is not a silver bullet. This is just looking back at ourselves. There will
be many difficult decisions to make as we move forward because economic development
decisions are never easy. This is just one step in the whole process.
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Alderman
Rhoads moved to
approve
the
resolution. Alderman
Gray seconded the motion.
Upon roll
call the resolution
passed 7-1.
the
Alderman Allen voting
no.
Resolution 162-08 as Recorded in the office of the City Clerk
VAC 08-3042 (U of A Research Center): An ordinance approving VAC 08-3042 submitted by
Allen Jay Young Development Consultants, Inc. for property located north of Research Center
Boulevard and west of South School Avenue to vacate a portion of a water and sewer easement
and a portion of a drainage easement.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the item. He stated staff and the Planning Commission
recommended approval with no objections.
Alderman Thiel: I am very pleased that they are adding onto the facility and I am very excited
about it. It's a good project and I support whatever we can do to help it move along.
Alderman Thiel moved to suspend the rules and go to the second reading. Alderman Cook
seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman
Ferrell moved to suspend
the rules and
go
to the
third and final reading.
Alderman
Jordan seconded the motion.
Upon roll call
the
motion
passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 5169 as Recorded in the office of the City Clerk
ANX 08-3036 (Fayetteville Farmington Land Swap): An ordinance simultaneously detaching
territory from the City of Farmington and annexing said territory into the City of Fayetteville,
pursuant to A.C.A §14-40-2101.
City Attorney Kit Williams read the ordinance.
Karen Minkel, Director of Long Range Planning gave a brief description of the item. She stated
Planning Commission voted 6-0 in favor of this annexation. If this annexation is approved by
the City Council then the City of Farmington City Council is required to hold a public hearing on
the detachment and annexation within 60 days of the effective date of this ordinance. The City
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of Farmington is
currently on the second
reading of the
detachment and annexation of their
property and
their
near the same
third reading is scheduled
for September
8th.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
City Attorney
Kit Williams:
We
might want to leave this on the second
reading so that we will
be approving it
near the same
time
that Farmington approves theirs.
This ordinance was left on the Second Reading
ANX 08-2899 (Frank Sharp): An ordinance annexing that property described in annexation
petition ANX 08-2899 (CC2008-38), for property located 0.5 mile south of Highway 62 West
and east of Holland Drive, containing approximately 53.53 acres.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief description of the item. He stated the Planning Commission voted
unanimously in favor of this recommendation and staff recommends approval.
Alderman Lucas: Mr. Sherman came to a Ward 4 meeting and talked about it. Everyone was
in favor of it and it was well received.
Keith Cooper, land owner west of Sharp's property spoke in favor of the annexation.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed unanimously,
City Attorney Kit Williams read lire ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Alderman Cook voting no.
Ordinance 5170 as Recorded in the office of the City Clerk
Sharp Property Rezoning Appeal: An ordinance rezoning that property described in rezoning
petition RZN 08-2900, for approximately 53.53 acres, located 0.5 mile south of Highway 62
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West and east of Holland Drive from R -A, Residential Agricultural, to RSF-1, Residential
Single -Family, 1 unit per acre.
City Attorney Kit Williams read lite ordinance.
Jeremy Pate stated this is an appeal because the five votes needed were not obtained. Three
members were absent that night. Staff did recommended approval of the RSF-1 finding that it is
compatible with adjacent properties at one unit per acre.
Todd Jacobs with Appian Center for Design representing Mr. Sharp stated RSF-1 is what he is
entitled to in the County and we just felt like that was appropriate for zoning it into the City of
Fayetteville.
Aubrey Shepherd, a citizen stated Mr. Sharp has preserved this property for decades but I think
what he wants is to keep it what it is. It would be safer if it were zoned so that you could not
build one on an acre but you could build one on two acres.
Alderman Jordan: Mr. Sharp would you tell us exactly what you do want? Do you want R-1
or what?
Frank Sharp, owner: That is essentially what I have now. I just prefer to have the whole piece
of property in the City of Fayetteville and leave the zoning the way it is now.
Alderman Jordan: I just wanted to be sure that you were okay with an RSF-1 then
Frank Sharp: Yes.
Mayor Coody: Frank the whole City owes you because of your contribution and all the things
that you have done for this town. You have been a real icon for this town and Fayetteville
wouldn't be the same if you had not lived here for all these years. I just want to say thanks.
Frank Sharp: Thank you. There have been a lot of people involved. I think it has really been
great to work with the City on having them handle this 20 acres at the land trust.
Alderman Jordan moved to suspend the rules and go to the second reading. Alderman
Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Lucas seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
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Ordinance 5171 as Recorded in the office of the City Clerk
ANX 08-2897 (Southpass Development): An ordinance annexing that property described in
annexation petition ANX 08-2897 (CC2008-38), for property located west of I-540 and Cato
Springs Road, containing approximately 855.97 acres.
City Attorney Kit Williams read the ordinance.
Jeremy Pate gave a brief
description of the item.
He stated my recommendation instead
of
leaving this on readings is
to go ahead and table it
until the PZD comes forward. It is on
the
agenda for the Planning Commission next Monday
night but I would recommend looking at
all
this package together the annexation and PZD so we understand all the ramifications and all
the
decisions can be made with
that one package.
Marian Kunetka, a citizen stated I don't think that having a two hundred acre park is a reason
to annex this property. My main concern is this is going to raise our taxes and I doubt if any low
income housing will be included in that. She went on to express her concerns regarding the
development.
Aubrey Shepherd: This might be a time when you say we will bring in a certain amount.
Authorizing all this and committing to a 25 year project, this is far sighted and a narrow view
that it won't be like the big hole or Aspen Ridge. I am not sure that the whole mass should be
brought into the city much less a PZD approved in one blow.
Mayor Coody: Jeremy do you have a time certain on this?
Jeremy Pate: When the Planned Zoning District comes forward I can get with Sondra and put it
on the agenda again.
Mayor Coody: So we will table it until you bring it forward again.
City Attorney Kit Williams: I would suggest indefinitely then.
Alderman Thiel moved to table the ordinance indefinitely. Alderman Jordan seconded the
motion. Upon roll call the motion passed unanimously.
This ordinance was left on the First Reading and Tabled Indefinitely.
Adjournment: Meeting adjourned at 7:25
40 A
40
t t _
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