HomeMy WebLinkAbout46-13 RESOLUTIONRESOLUTION NO.46-13
A RESOLUTION TO REQUEST THE ADMINISTRATION DEVELOP A SITE
PLAN, IDENTIFY CONNECTIVITY, EVALUATE REPURPOSING OF
PORTIONS OF THE FACTORY AND ENSURE AT LEAST 75% OF THE
NON -HAZARDOUS DEMOLITION WASTE BE RECYCLED OR REUSED
FOR THE OLD TYSON FACTORY SITE
WHEREAS, the "Mexican Original" property has been a blight in southeast Fayetteville
for a number of years; and
and
WHEREAS, adjacent neighborhoods have experienced the worst effects of the property;
WHEREAS, there are compelling examples of repurposed industrial land elsewhere in
the nation; and
WHEREAS, the 2030 City Plan states "We will make appropriate infill and
revitalization our highest priorities"; and
WHEREAS, the 2030 City Plan states "We will grow a livable transportation network";
WHEREAS, access to healthy foods, open space for recreation, and connectivity to
nearby amenities is limited for residents of adjacent neighborhoods.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby requests
that the administration develop a site plan for the remainder of the property, which can be funded
by the proceeds from the land sale and which promotes revitalization and appropriate infill and
includes land for urban agriculture; and
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests
that the administration identify opportunities to improve the connectivity of adjacent
neighborhoods with nearby amenities which can be funded from the proceeds of the land sale;
and
Page 2
Resolution No. 46-13
Section 3: That City Council of the City of Fayetteville, Arkansas hereby requests that
the administration evaluate the feasibility of creative repurposing of portions of the building
prior to commencing demolition of the Mexican Original building; and
Section 4: That City Council of the City of Fayetteville, Arkansas hereby requests that
the administration ensure at least 75% of non -hazardous demolition waste from the former
Mexican Original factory be recycled or otherwise diverted from the landfill as per LEED-NC
MR c2.2.
PASSED and APPROVED this 5t' day of March, 2013.
APPROVED:
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
RY,
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FAYEEVILLE.Ii
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e AGENDA REQUEST
FOR: COUNCIL MEETING OF MARCH 5, 2013
FROM:
ALDERMAN MATTHEW PETTY and ALDERMAN SARAH MARSH
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution Stating The Intent Of The City Council Of The City Of Fayetteville To
Use The Majority Of The Proceeds From The Land Sale To Kum & Go, LC For
Improvements To The Remaining City -Owned Property And Adjacent Neighborhoods
APPROVED FOR AGENDA:
Z=ZC1)_Z0 3
Mathew Pet', Date
Alderman
Sarah Marsh, Date
Alderman
C' ttorney Date
(as to form)
RESOLUTION NO.
A RESOLUTION STATING THE INTENT OF THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE TO USE THE MAJORITY OF THE PROCEEDS
FROM THE LAND SALE TO KUM & GO, LC FOR IMPROVEMENTS TO
THE REMAINING CITY -OWNED PROPERTY AND ADJACENT
NEIGHBORHOODS
WHEREAS, the "Mexican Original" property has been a blight in southeast Fayetteville
for a number of years; and
WHEREAS, adjacent neighborhoods have experienced the worst effects of the
property; and
WHEREAS, there are compelling examples of repurposed industrial land elsewhere in
the nation; and
WHEREAS, the 2030 City Plan states "We will make appropriate infill and
revitalization our highest priorities"; and
WHEREAS, the 2030 City Plan states "We will grow a livable transportation
network"; and
WHEREAS, access to healthy foods, open space for recreation, and connectivity to
nearby amenities is limited for residents of adjacent neighborhoods.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby is to
designate a majority of the proceeds from the recent sale to Kum & Go, LC for the future
development of the property for community uses and for connectivity improvements for the
surrounding neighborhoods; and
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests
that the administration develop a site plan for the remainder of the property, which can be funded
by the proceeds from the land sale and which promotes revitalization and appropriate infill and
includes land for urban agriculture; and
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby requests
that the administration identify opportunities to improve the connectivity of adjacent
neighborhoods with nearby amenities which can be funded from the proceeds of the land sale;
and
Section 4: That City Council of the City of Fayetteville, Arkansas hereby requests that
the administration evaluate the feasibility of creative repurposing of portions of the building
prior to commencing demolition of the Mexican Original building; and
Section 5: That City Council of the City of Fayetteville, Arkansas hereby requests that
the administration ensure at least 75% of non -hazardous demolition waste from the former
Mexican Original factory be recycled or otherwise diverted from the landfill as per LEED-NC
MR c2.2.
PASSED and APPROVED this 5t" day of March, 2013.
APPROVED:
ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
�1 Departmental Correspondence,
-ARKANSAS
Kit Williams
City Attorney
TO: Mayor Jordan Jason B. Kelley
City Council Assistant City Attorney
FROM: Kit Williams, City Attorney
DATE: March 5, 2013
RE: City Council Members Marsh & Petty's Resolution
Restricting Uses on Remaining 7 Acres of Tvson Factory Site
The City Council should be aware that Section 1 of the proposed Resolution
appears to require that the remaining 7-8 acres of the Tyson site be used `for
community uses" and therefore, could not be sold for .private commercial
development nor city-wide governmental uses. With Kum & Go's development,
the other two acre parcel along Happy Hollow (Highway 16 East) would likely bring
about what Kum & Go, L.C. and Casey's General Store bid (over a half million
dollars an acre). It is up to the City Council to determine whether it is in
Fayetteville's and our whole citizenry's best interests to leave a million dollars on the
table (the second two acre parcel along Happy Hollow) in order to devote the entire
remaining acreage of this old factory site to "community uses."
Contractual Obligations to Kum & Go, L.C.
When. the City Council passed Resolution No. 26-13 on February 5, 2013 and
Mayor Jordan. signed the Land Sale Agreement with Kum & Go, L.C. which this,
Resolution had approved, the City assumed several contractual obligations to Kum &
Go which cannot be breached.
Section 3 of the Resolution states:
"That the City Council of the City of Fayetteville, Arkansas
hereby agrees ... to cost share 75/25 (up to $100,000.00) for
the demolition and removal of the Tyson factory ...."
Paragraph 3 of the Land Sale Agreement approved by the City . Council and
signed by Mayor Jordan states:
"I Demolition of Tyson Factory
A. The City of Fayetteville agrees to demolish or pay.
a reputable contractor to demolish and remove unsalvageable
debris of the old Tyson Factory to include removing its
foundation, footings . and slab within four months of both
parties' execution of this Agreement."
Both the Resolution the City Council passed and the Land Sale Agreement thus
require the demolition and removal of the "unsalvageable debris of the old Tyson
Factory" by June 5; 2013. Any change such as "repurposing of portions of the
building" would require a written contract amendment be approved by Kum & Go,
L.C. and the Fayetteville City Council. I have not received any such proposed
amendment from Kum & Go, L.C.
Connectivity Improvements already agreed to in Development Plan
Since Section 2, 3, 4, and 5 are all "requests" for the administration to take
actions, none of these are contrary to law even though some might require a written
contract amendment with Kum & Go; L.C. The only section of the proposed
Resolution that requires the administration to do something is Section l which
designates "a majority of the proceeds from the recent sale to Kum & Go, L.C. be
used for future development of the property for community uses and connectivity
improvements for the surrounding neighborhoods." (emphasis added).
.As was explained when the Land Sale Agreement was first presented for the
City Council's approval, "connectivity improvements for the surrounding .
neighborhoods" were expressly included within the development plan. Residents in
the Ray Avenue neighborhood were having trouble turning left onto Huntsville during
the morning rush hour. That is one major reason it was proposed to bring a street in
from the current three-way intersection of Happy Hollow and Huntsville and change
the traffic signal to four-way.
The approved development plan also shows a street running from Ray Avenue
to this new street so that the residents of the Ray Avenue neighborhood will be better
able to drive East toward downtown Fayetteville during the morning rush hour. This
link to Ray Avenue is planned to eventually (with further commercial development)
run west to intersect with Happy Hollow as a further connectivity improvement.
►a
The City (through your Resolution and our Land Sale Agreement) has already
agreed to cost share these improvements and has always intended to use proceeds
from the Kum & Go sale to pay for these street and traffic signal improvements as
well as its portion to demolish the Tyson factory. Because we negotiated a fair price
for the 2 acre parcel the City Council sold Kum & Go, L.C., there will be significant
proceeds above these demolition and connectivity improvements projects to help
repay the Sales Tax Capital Improvement Project Fund for its $1.1 million investment
to buythe 11 acre Tyson Factory site. However, you are not legally obligated to
repay the CIP fund for its purchase of this site. I do recommend that revenues above
our capital costs for street and traffic improvements and demolition expenses be used
for CAPITAL, not operating, expenses since these funds were originally designated
for capital expenditures.
The City Councilhas full responsibility and power to determine how the
general revenues of the City are spent as long as the revenue is spent for legally and
constitutionally authorized purposes.
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