Loading...
HomeMy WebLinkAbout2015-11-17 - MinutesAlderman Adella Gray Ward I Position I Alderman Sarah Marsh Ward 1 Position 2 Alderman Mark Kinion Ward 2 Position I Alderman Matthew Petty Ward 2 Position 2 City Council Meeting Minutes November 17,2015 Page I of14 Alderman Justin Tennant Ward 3 Position I Alderman Martin W. Schoppmeyer, Jr. Ward 3 Position 2 Alderman John La Tour Ward 4 Position I Alderman Alan T. Long Ward 4 Position 2Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting November l7r20l5 A meeting of the Fayetteville City Council was held on November l7r 2015 at 5:30 p.m. in Room 219 of the Cify Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Grayo Sarah Marsh, Mark Kinion, Maffhew Petty, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long, Mayor Lioneld Jordan, City Attorney Kit williams, city Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mavorts Announcements. Proclamations and Recognitions: None Citv Council Meeting Presentations. Reports and Discussion ltems: None Asenda Additions: Alderman Schoppmeyer moved to move the Appeat of the Planning Commissionts CUP 15- 52172 Conditional Use Q648 N. Otd Wire Road/Apple Seeds) to before the Consent Agenda. Alderman La Tour seconded the motion. Upon roll call the motion passed unanimously. Appeal of the Planning Commission's CUP 15-5217: Conditional Use Q64S N. Old Wire Road/Apple Seeds): A resolution to grant the appeal of Aldermen Justin Tennant, Martin Schoppmeyer and John La Tour of Conditional Use CUP 15-5217 (2684 North Old Wire Road/Apple Seeds, Inc.) granted by the Planning Commission on October 26,2015 and to deny 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November l7,2Ol5 Page2 of14 the Conditional Use (or to retum the Conditional Use to the Planning Commission for renewed consideration). The applicant was not present, therefore the item was not moved. Consent: Approval of the October 30, 2015 Special City Council meeting minutes. Approved Office Depot, Inc.: A resolution to approve a contract with Office Depot, Inc. for the purchase of office supplies pursuant to a Westem States Contracting Alliance-National Association of State Procurement Offi cials cooperative purchasing agreement. Resolutíon 205-15 as recorded ín the office of the Cíty Clerk Contech Engineered Solutions, LLC: A resolution to award Bid No. 15-58 and authorize the purchase of ã prefabricated steel trail bridge from Contech Engineered Solutions, LLC in the àmount of $SZ,|ZO.0O plus applicable taxes for installation on the Town Branch Trail over Town Branch Creek, and to approve a project contingency in the amount of 519,124.16. Resolutíon 206-15 as recorded ìn the office of the Cìty Clerk Community Access Televisiono Inc. d/b/a Your Media: A resolution to approve a contract with Community Ar""r. Television, lnc. dlbla Your Media in the amount of $153,570.00 for the provision óf public access television services and the operation of the public access television ıhannet through 20l6,contingent on approval ofthe 2016 annual citybudget. Resolutíon 207-15 as recorded ìn the ffice of the Cíty Clerk 2015 ADEQ Boston Mountain Recycling Grant: A resolution to authorize acceptance of a2015 Arkansas Department of Environmental Quality Grant through the Boston Mountain Solid Waste District in the amount of $8,000.00 for the purchase of public space recycling containers, and to approve a budget adjustment. Resolutíon 208-15 as recorded ín the office of the Cíty Clerk Special Needs Assistance Programs Grants (SNAP): A resolution to approve a budget adjustment in the amount of $414,161.00 recognizing Special Needs Assistance Program grant ,"i"no", and to authorize the addition of 2.0 temporary fulI time equivalent positions to the Community Resources Division to hire case managers to provide housing services for homeless Fayetteville residents. Resolutíon 209-15 a.s recorded ín the office of the Cíty Clerk ll3WestMountain Fayetteville, AR 72701 (479)575-8323 www.fayetteville-ar.gov Cify Council Meeting Minutes November 17,2015 Page 3 of 14 Vulnerable Road Users Protection: A resolution to affirm the city's persistent efforts and lengthy commitment to altemative and active transportation infrastructure, road and trail safety and the protection of all vehicular and vulnerable road users. Resolutíon 210-15 as recorded in the office of the Cíty Clerk Alderman Marsh moved to accept the Consent Agenda as read. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Tree Preservation Area Vacation for Crain Automotive: A resolution to reject the recommendation of the Urban Forester who determined that the tree preservation and mitigation areas in easements and dedications agreed to and signed by the owner/developer on June 25, 2014, should not be vacated or changed by a new development proposal for this acreage. At the November 3, 20I 5 City Council meeting, thís resolution was tabled to the November I 7, 201 5 City Council meeting. Jeremy Pate, Director of Development Services: The applicant worked with Urban Forestry and Planning staff to identify changes within their site plan. Thank you to Council for recommending some of those changes at the last City Council meeting. Those did result in removal of any impact to the tree preservation area for this project. They submitted a letter withdrawing the variance request. We recommend this item to be tabled indefinitely. City Attorney Williams: It was input from the City Council, and worked out by Mayor Jordan and Fire Chief Dayringer that enabled this to happen without having to impede upon the tree preservation area. This is a good result for the city. Alderman Marsh moved to Table the resolution indefinitely. Alderman Long seconded the motion. Upon roll call the motion passed unanimously. Thís resolutíon was Tabled Indefinítely. Nqw Business: RZN 15-5196 (3422 N. Coltege Ave./Scott Plaza)z An ordinance to rezone that property described in Rezoning Petition RZN 15-5196 for approximately 0.57 acres located at 3422 N. College Avenue from R-O, Residential-Office to C-l, Neighborhood Commercial. City Attorney Kít lVíllíams read the ordínance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The Planning Commission voted 9-0 in favor of the request. Staff is recontmending approval. 1 13 West Mountain Fayefteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17,2Ol5 Page 4 of 14 Alderman Marsh: Is there not a form based zoning classification that \¡/ould achieve these same goals? Jeremy Pate: There would be in terms of use. However, it would not allow for the building to be a conforming structure. The way it was constructed, the building would automatically be a non- conforming structure. A discussion followed about zoning classifi cations. Alderman Long moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed unanimously. Cíty Attorney Kít Wíllíams read the ordínønce. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman La Tour seconded the motion. Upon roll call the motion passed unanimously. City Auorney Kít Wíllíøms read the ordínønce. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordìnønce 5821 øs recorded ín the office of the Cíty Clerk VAC 15-5204 Q22 S. Locust Ave./Southside Townhomes): An ordinance to approve VAC 15- 5204 submitted by Infill Group, lnc. for property located at 722 S. Locust Avenue to vacate portions of alley and street rights-oÊway. Cìty Attorney Kìt Wíllíøms reød the ordìnance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Alderman Petty: In the interest of full disclosure, this is a proposal I brought forward for a project that I am managing. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Kinion seconded the motion. Upon roll call the motion passed 7-0. Alderman Petty recused. Cíty Attorney Kít Wíllíams read the ordìnønce. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman Petty recused. Cíty Attorney Kít Wìllíøms reød the ordínance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17,2015 Page 5 of 14 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Petty recused. Ordínønce 5822 as recorded ín the oÍfìce of the Cíty Clerk Amend 5150.02 Purpose: An ordinance to amend $150.02 Purpose of the Unified Development Code by enacting further language. City Attorney Kít Wíllíøms reød the ordínønce. City Attorney Kit Williams gave abrief description of the ordinance. He recommends approval. Jeremy Pate, Director of Development Services: We want to make sure our purpose statements are clear and adequate for our Unified Development Code provisions. We believe this does so. Alderman La Tour: Mr. Williams, on several occasions you have admonished the Council that we are prohibited by state law from binding a future City Council. Can you explain to me how this avoids that pitfall? City Attorney Kit Williams: A future City Council can amend this and revoke it if they want. Alderman La Tour: Same for any rule we pass? City Attorney Kit Williams: I would say that is correct. There are very few things that can bind your future City Council. Alderman La Tour: I agree, but you are the one that has argued that point at several past occasions. City Attorney Kit Williams: This isn't binding on a future City Council. This is a zorring ordinance for the Unified Development Code and will remain in effect until amended or repealed. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-1. Alderman La Tour voting no. Cíty Attorney Kit Wíllíams reød the ordínance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-1. Alderman La Tour voting no. Cíty Attorney Kit Wíllíams reød the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-L. Alderman La Tour voting no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17,2015 Page 6 of 14 Ordínønce 5823 øs recorded ín the office of the Cìty Clerk Amend Chapters 160, 161 andlíTz An ordinance to amend $160.01 Establishment of District, $161.10 District RSF-18, Residential Single-Family, Eighteen Units Per Acre, and table I Minimum Canopy Requirements of $167.04 Tree Preservation and Protection During Development, all within the Unified Development Code. Cíty Attorney Kít Wíllíøms reød the ordìnance. Jeremy Pate, Director of Development Services gave abrief description of the ordinance. Staff is reconìnending approval. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motÍon passed unanimously. Cíty Attorney Kít Wíllíams read the ordínønce. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. Cíty Attorney Kít Wíllìøms read the ordínance. Mayor Jordan: Thank you to staff for their work on this. Alderman La Tour: I love it when the staff makes additional options for developers. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordínance 5824 as recorded ín the office of the Cíty Clerk Amend Chapter 97 Parks and Recreation: An ordinance to amend Chapter 97 Parks and Recreation ofthe Fayetteville City Code to allow twenty four (24) hour access to shared use paved trails; to add leash requirements for animals in certain parks; to prohibit certain activities in parks including unauthorized vehicle operation, use of paddle boards on city lakes, and shooting of model rockets; to provide for certain activities in parks including camping, horseback riding, limited vending at park events, and posting of temporary signs; and to make other technical revisions. Cíty Attorney Kít lVíllíams read the ordínønce. Connie Edmonston, Parks & Recreation Director gave a brief description of the ordinance. 1 13 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17,2015 PageT ofl4 Alderman Long: On Section 97.038, Animals to be Leashed, it says that animals are allowed to be off their leash in designated dog parks and Lake Wilson Park. It may be a good time to add a restriction to say that if an animal has been deemed as dangerous or aggressive as mentioned in Chapter 92 of our Animal Code, they should also be leashed in those parks. Connie Edmonston: We could add that language. A discussion followed about leashed and unleashed animals. Alderman Long moved to amend Section 97.038 to sayo if an animal has been classified as a dangerous or violent animal as written in Chapter 92 ol our Animal Code that they shoûld not be allowed to be off leash in those parks. Alderman La Tour seconded the motion. Upon roll call the motion to amend passed unanimously. Cify Attorney Kit Williams requested City Council to leave the item on the first reading so that he could rework the language in Chapter 97. This ordinance was left on the FÍrst Reading. Amend $73.04 Riding on Roadways and Bicycle Paths and $73.05 Riding on Sidewalks: An ordinance to amend $73.04 Riding on Roadways and Bicycle Paths to provide for the safe operation of bicycles on roadways and bicycle paths, and to amend $73.05 Riding on Sidewalks to provide for the safe operation of bicycles on sidewalks. Cíty Attorney Kít Willíams reød the ordinance. Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the ordinance. He stated that the Active Transportation Advisory Committee requested the item be left on the first reading to allow more time for feedback and additional consideration of other items to be included in the revisions. He stated a letter was submitted by the Bicycle Coalition of the Ozarks asking for additional consideration of changes to be included in the revisions. Alderman La Tour: If I am driving uphill and a bicyclist is pedaling up the hill very slowly, am I allowed to safely pass in my lane? Peter Nierengarten: Yes, I believe you would be able to do that. Alderman La Tour: We don't want to endanger bicyclist, but we aren't quite sure that we want to drive two miles an hour while they are going up a hill. Peter Nierengarten: The idea behind the clarifications is to create clear rules that articulate where it is legal for the cyclist to ride and how the motorist is legally allowed to operate near that cyclist. Alderman Long: As Fayetteville starts to have more complete streets, we will see that being less of a problem. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 Www.fayefteville-ar.gov City Council Meeting Minutes November 17,2015 Page 8 of 14 Peter Nierengarten: Providing adequate and safe facilities for cyclist to operate in, is a definite consideration as a part of complete streets. It is a priority in many of our street improvement projects. Mayor Jordan: The Active Transportation Advisory Committee recommended the longer version. Alderman Marsh: We have scheduled a special meeting on Decemb er 2,20I5to take a more in depth look at this. The concern is that this will probably be used as model legislation throughout the state. We want to get it right. Alderman Petty: Does the committee anticipate recommending something other than the model language? Alderman Marsh: We weren't given the opportunity to review it early enough to make a determination. We want time to properly evaluate the model language before making a recommendation. Alderman Tennant: Are we hurting anything by waiting until after their special meeting? Peter Nierengarten: No, I don't think so. Alderman Tennant: Then I would be fine with leaving it on the first reading. Paxton Roberts, Executive Director of the Bicycle Coalition of the Ozarks and a member of the Active Transportation Advisory Committee thanked the City Council and Mayor Jordan for their efforts of making the communitymore bicycle friendly. He spoke in favor of the ordinance. This ordinance was left on the First Reading. Adopt thle 2016 Annual Budget and Work Program: A resolution to adopt the 2016 Annual Budget and Work Program. Paul Becker, Chief Financial Officer gave a brief description of the resolution. Alderman Petty: This is one of the best budgets that I have seen come forward. We aren't in the middle of a recession so it is a little easier. I want to commend Mayor Jordan. Mayor Jordan: Thank you, Alderman Petty. Don Marr, Chief of Staff: Thank you to Paul Becker and his Accounting & Finance team. Thank you to all of our city departments and division leaders who work very hard to try and provide you a budget that meets the needs of the citizens with the best use of our funds. ll3WestMountain Fayetteville, AR 72701 (479)575-8323 www.fayetteville-ar.gov Cify Council Meeting Minutes November l7,2Ol5 Page 9 of 14 Alderman Gray moved to approve the resolution. Alderman Petty seconded the motion. Upon roll call the resolution passed unanimously. Resolutíon 211-15 øs recorded ín the ofJice of the Cíty Clerk Appeal of the Planning Commission's CUP 15-52172 Conditional Use (2648 N. Otd Wire Road/Apple Seeds): A resolution to grant the appeal of Aldermen Justin Tennant, Martin Schoppmeyer and John La Tour of Conditional Use CUP 15-5217 (2684 North Old Wire Road/Apple Seeds, Inc.) granted by the Planning Commission on October 26,2015 and to deny the Conditional Use (or to retum the Conditional Use to the Planning Commission for renewed consideration). Alderman Tennant: Thaxk you City Council and staff for bringing this back. I'm not a fan of once something is voted on and finished to bring it back. There are some extenuating circumstances here that gives the applicant reason to be heard. Alderman La Tour: I believe the landowner has the best perspective on what should be done with their land. This is why I am bringing the item back. Kevin Phillips, Fayetteville resident: The property that we are speaking about was purchased by my family in 1965. Thank you to Mayor Jordan, Alderman Tennant, Schoppmeyer, and La Tour for giving me the chance to speak. The Dunn's were my next door neighbors for years. This was Mr. Dunn's ten acres that was expanded into Gulley Park. His wish would be that it was just a park. He was a farmer and would have appreciated it being afarm.I do not believe Mr. Dunn or his family would like for the land they sold, to be used for anything other than a city park, and to be used by all the citizens of Fayetteville and surrounding coÍrmunities. Friends of Gulley Park were disappointed in the decision because of the efforts they made to raise money to help the city buy that property. When I decided to sale my property, wo had a potential buyer with a closing date set. The potential buyer posþoned because they were concerned about a business next door. I was never notified by certified mail of any hearing. I would like to see the whole thing stopped and the neighborhood remain as a neighborhood with no businesses. I want to see the ten acres remain as a park. If that can't occur, would you please make sure that they aren't allowed to put their gardening area directly east of my property. Alderman Tennant: You were or were not notified by mail? Kevin Phillips: Never saw a piece of mail. Alderman Tennant: Do we require a signature in these sort of things? Jeremy Pate, Director of Development Services: We do. There are three kinds of public notification for an item. There is posting of a sign, public notice in newspapers, and also mailing 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17,2015 Page 10 of 14 of notice. This particular property, owners of 2650 Old Wire Road was mailed to 6149 Greens Chapel Road. That is what was listed as the address from the Assessor's office. Kevin Phillips: That is the correct address, but I never received anything. Jeremy Pate: We require the applicant to sign a certification. In your packet shows all the notifications that were sent. 'We used to use certified mail, but received numerous complaints from residents because they had to go to the post office and sign for that. The City Council changed the ordinance in 2005 to send it first class mail. We require this certification that the mail was sent. Kevin Phillips: There is no certification that it's actually received at the address. Is that correct? Jeremy Pate: That is correct. Mary Thompsono Co-Director of Apple Seeds: Thank you for recently approving the purchase of the property and the lease of acres to us. I feel for you Mr. Phillips. We are not intending to do anything that would lower the value of anybody's property. Our mission is similar to the Dunn and Gulley families. They were gardeners and preserved the land. They did the things we are now teaching children to do. I realize it is personal, but I feel like we are allowing this cherished childhood to happen for all the kids in Fayetteville. We sent out letters to all of the adjacent and nearby property owners. The letter was sent on October 7,2015. Alderman Long: Based on the approval we already gave, what has Apple Seeds set in motion? Mary Thompson: There were two contingencies on that approval. One was for the conditional use permit and for the lease of the property. The conditional use permit was approved by the Planning Commission. We are scheduled to close on November 30, 2015. \Ve have been working with the bank for financing. Alderman Long: Do you have more detailed information? Mary Thompson: Not yet. The master plan remains as it was in the initial document. The proposal remains the same. The conditional permit request is that we operate a business there. It would be standard business hours during the weekday from 8:00 a.m. to 5:00 p.m. for the office. Our students come out on Tuesday through Thursday from 9:00 a.m. to I 1:00 a.m. It is during the workday, so it is not much of an interference to the neighbors. Alderman Petty: The reason I voted for this was because of the work you do with the schools. Please describe what programs this land would be supporting. Mary Thompson: 'We primarily benefit the students of Fayetteville Public Schools. Vy'e are offering two workshops to the community throughout the year. We would be open on Saturdays from 9:00 a.m. to 12:00 p.m. for the public. During the work week when we are there, the gates can be open and people can stop in. Alderman Petty: What do you mean when you say you benefit the schools? 113 West Mountain Fayefteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17,2015 Page 1l of14 Mary Thompson: Students come out for field trips. They harvest and prepare food. \ffe integrate math, science, and literacy into the curriculum.They are gardening and consuming fresh fruits and vegetables. It inspires them to eat healthy food. We grôw produce that goes back to Fayetteville Public Schools. The students have a Farmer's market. Alderman La Tour: How are you funded? Do you charge students? Mary Thompson: No charge. We are non-profit. We are funded by individuals, businesses, and foundations. Alderman La Tour: Does the city give you any money? Mary Thompson: No Alderman La Tour: Does the school district? Mary Thompson: There is a small fee that the school district pays for produce. Alderman La Tour: Would you sale your produce privately to me? Mary Thompson: No. Brandan Allen, 2667 North Old Wire: I live across the street where Apple Seeds is wanting to go. I have been a volunteer for Apple Seeds. They are a great program. Alderman Kinion: Do you think the activity that will be brought in would impair the value of your property? Brandan Allen: Not at all. Britney Schrag, Program Director for the Bicycle Coalition of the Ozarks: Having a garden that is being maintained and beautiful is an asset to our community. I have a child that has participated in Apple Seeds activities and it made an impact on her. The property value could actually increase with something like this nearby. Dana Smith, Education Coordinator for Fayetteville Public Schools: I live within a mile of the property we are talking about. Apple Seeds benefits the community. We have school gardens at all of our elementary schools thanks to the support and work of Apple Seeds. We are working with them to do field trips to provide hands on learning opporfunities. What we are doing is teaching healthy life skills for our students and their families. Mary Thompson stated she received a letter from two real estate agents that believe property values will increase in the area. Alderman Tennant: Kit, do you have a legal concern if we were to do this? 113 West Mounta¡n Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17,2015 Page 12 of14 Cify Attorney Kit Williams: There is a minor concern, but they have not actually gone to closing yet. Even though you approved the lease of the two acres, I imagine that has not happened yet. If the Mayor had signed the lease agreement then we really couldn't go back on that. I think everything at this point is still tentative. It is unusual that you would approve a sale, knowing a condition of the sale is a conditional use request, which then gets approved by the Planning Commission, if it was disapproved by the City Council. I would have some concerns there, but not giant ones. Alderman Long: Jeremy, about eight months ago Council approved an ordinance where residential properties could have small scale businesses run out of them, didn't we? Jeremy Pate: Yes. Alderman Long: Would it be unfair to not allow it in this case? Basically, any residentially zoned property in the City of Fayetteville can have a small scale business run out of it. How could we prevent it here? Jeremy Pate: They are still conditional use permits. It goes through the same process that this went through, unless it is zoned for small scale retail commercial uses. City Attorney Kit \üilliams: 'We are treating this property the same as we would any property. Alderman La Tour: We have a difference of opinion between neighbors. If we as acity are going to lease two acres to Apple Seeds, we can make it a condition of that lease that they erect some sort of petition between them and the neighbor. We have the opportunity to accommodate both interest. City Attorney Kit Williams: The City Council has already approved a lease and authorized Mayor Jordan to sign it. V/e haven't entered into it, but it was a negotiated lease. Once you have an agreement, one side of the agreement can't just change it because they want too. However, if you wanted to exercise that kind of power, you could potentially do it as a condition to this conditional use. You could be requiring a very large expenditure of funds by Apple Seeds in order to build a fence to separate their two acre farm parcel from this other land. Alderman La Tour: Maybe we can just think about it and come up with a solution that wouldn't be cost prohibitive. Have we already executed that lease? City Attorney Kit Williams: I don't think we have. Mayor Jordan: I signed something about selling the property. I don't think I signed a lease. Alderman La Tour: It wouldn't be too late to change the terms of the lease if it hasn't been executed. City Attorney Kit \ililliams: The lease has been approved by the City Council. You could do a motion to reconsider if it hasn't been signed yet. There is a closing date that we have with Apple 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17,2015 Page l3 of 14 Seeds that will occur prior to your next meeting. It would be awkward to start negotiating again with Apple Seeds and come to a new agreement before the closing date. Mayor Jordan: Everything is contingent on them getting the financing and then the lease kicks in. Alderman Marsh stated that if the Phillips property was sold to someone and they built a new house, they could erect a fence. She read a study showing the positive effects of community gardens. Alderman Schoppmeyer: The reason I brought this forward is because I was concerned. Vy'e have a gentleman that has a property adjacent to this proposed location and he claims he wasn't notified. That is a problem and this is why I felt like we should bring it forward. I'm concemed about the notification process. Apple Seeds are the ones who notified everybody. Is that standard procedure? Jeremy Pate: Yes. It is required by ordinance. Alderman Schoppmeyer: Is there a reason that the city doesn't do it? Jeremy Pate: We used to. It is a matter of cost. We would charge the applicant to do certified mail. 'We brought this item forward in 2005 for applicants to notiff all property owners and place that accountability in their hands. Mayor Jordan stated the process was changed because citizens said they couldn't make it to the post office and sign. Alderman Petty: I can appreciate the reasons for bringing an appeal forward with regards to the requirements we have for notification. My decision hasn't changed. I have compassion for what's happened. We made the right decision and should stick to it. The public good of Apple Seeds can't be called into question effectively. This will have generational impacts on how we are able to address a lot of the pressures that we should be anticipating of our local food markets over the next half century. A discussion followed about the appeal process for voting pu{poses. Alderman Kinion: I understand the situation the homeowner has faced and the frustration they felt when they did not have the opporfunity to move forward with the closing. The overall package we were presented offers the opportunity to enhance this area of our city. This is the opportunity for us to move property forward and we have agreed to do that. We made the right decision. Alderman Tennant: Thank you to the Council for listening to this. The improvements that we are doing and will continue to do to Old Wire Road will make that area of town walkable for the first time ever. This will be something that the public and school children will enjoy. We did the right thing in listening to Mr. Phillips. I wish that in the future we could address how we notiSr the public. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17,2015 Page 14 of14 City Attorney Iüt Williams explained to City Council the voting process of an appeal to ensure they understood their vote of either a yes or no. Alderman Petfy moved to deny the appeal. Alderman Marsh seconded the motion. Upon roll caII the motion to deny the appeal passed 7-1. Alderman La Tour voting no. Thís appeal wøs deníed, Announcements: Don Marr, Chief of Staff: The ribbon cutting groundbreaking for the spiral sculptor will be November 19,2015 at 1:00 p.m. City Hall will be closed on Thursday, Novemb er 26,2015 and Friday, November 2l ,2015 for the Thanksgiving holiday. City Attorney Kit \Milliams: We now onlyhave a single condemnation case pending on Rupple Road. The other condemnation case was resolved for under $35,000. Citv Council Agenda Session Presentations: None Citv Council Tour: None Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov