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Home My WebLink About2001-05-15 - Agendas - Final r FAYETTEVILLE is THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL MAY 159 2001 A meeting of the Fayetteville City Council will be held on May 15, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. NOMINATION COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES 2. OFFER AND ACCEPTANCE: Aresolution approving the offer and acceptance for the transfer of vacant property located at 897 N. Crossover Road from the City of . Fayetteville to the William E. House Trust. 3. STREET TREE INVENTORY: A resolution awarding a contract to Burditt Associates in an amount not-to-exceed $25,000 to conduct a city-wide street tree inventory. 4. LAKE SEQUOYAH BOAT DOCK OPERATOR: A resolution awarding a contract to Linda Thorpe and/or Richard Utley for Lake Sequoyah boat dock operation in the amount of $ 15,656. 5. RAILROAD RIGHT-OF-WAY: A resolution approving the purchase of railroad right-of-way from Arkansas and Missouri Railroad in the amount of $70,000. The right-of-way is to be used for a multi-use trail. B. OLD BUSINESS 1 . PHYSICAL ALTERATION OF LAND: An ordinance amending Section 169.03 of the Code of Fayetteville, Physical Alteration of Land. The ordinance was left on the second reading at the May 1 , 2001 meeting. 2. STORMWATER AND DRAINAGE: An ordinance amending Section 170.03 of • the Code of Fayetteville, Stormwater Management, Drainage and Erosion Control. The ordinance was left on the second reading at the May 1 , 2001 meeting. 113 WEST MOUNTAIN 72701 501521 -7700 FAY F1 S�LA�F7 3. TREE PROTECTION AND PRESERVATION: An ordinance amending the Tree i Protection and Preservation Ordinance to allow for a waiver, reduction or alteration in the requirements of the Tree Preservation Ordinance. The ordinance was left on the first reading at the May 1 , 2000 meeting. C. NEW BUSINESS 1 , RZ 01-8.00: An ordinance approving rezoning request RZ 01 -8.00 as submitted by Deborah Sexton on behalf of WHM Land Investments, Inc. for lots 76-83 located in Meadowlands Subdivision Phase I and II. The property is zoned R-1 .5 Moderate Density Residential and contains approximately 1 .79 acres. The request is to rezone to R- 1 , Low Density Residential. 2. HMR TAX: An ordinance amending § 35.20 of the Code of Fayetteville to add delis, drive-in restaurants, cant'-out restaurants, concession stands, convenience stores, grocery store restaurants, caterers and similar businesses to the list of businesses collecting the city's HMR Tax. 3, PARKS HMR TAX: An ordinance amending § 35 .31 of the Code of Fayetteville to add delis, drive-in restaurants, cavy-out restaurants, concession stands, convenience stores, grocery store restaurants, caterers and similar businesses to the list of businesses collecting the city's HMR Tax. • 4. SPECIAL ELECTION: An ordinance calling and setting a date for a special election for the adoption or rejection of ordinances enlarging the definition of what type of business and what type of gross receipts or proceeds would be subject to the Hotel, Motel, and Restaurant Tax and the Parks Hotel, Motel, and Restaurant Tax. 5, GARLAND AVENUE : A resolution approving the reimbursement to the Arkansas Highway and Transportation Department for the additional cost of right-of-way acquisition in order to install a boulevard and a 10' multi-use trail with 6' of greenspace for Garland Avenue between Cleveland and North Street. City Council May 15, 2001 +1 1 Thiel Young f Zurcher Trumbo Davis Santos ✓ Jordan ✓ Reynolds ✓ ✓ Coody !✓ Thiel ✓ Young ✓ Zurcher Davis Santos Jordan Reynolds ✓ Coody 14VI City Council May 15, 2001 1�w Gay Thiel ✓ Young ✓ Zurcher Davis Santos Jordan Reynolds Coody W4 A� 5CAO 0° Thie �/ '� ✓ Young '� r ✓ Zurcher ✓ '� Davis ✓ '� ✓ Santos ✓ ✓ Jordan Reynolds Coody City Council May 15, 2001Ale . �f'►' � Zge Thiel Young ✓ Zurcher ✓ Trumbo Davis Santos Jordan Reynolds ✓ Coody � n Thiel ✓ Young ✓ `� Zurcher ✓ Davis ✓ ✓ Santos Jordan v Reynolds Coody City Council May 15, Ol v Thiel ✓ // Young '� v Zurcher Davis Santos Jordan Reynolds ✓ !� Coody s — Z Thiel ✓ Young Zurcher 0 Davis Santos Jordan Reynolds Coody City Could May 15 , 2001 4 ;Izo/j Thiel r/ Young ✓ Zurcher Ti umbo Davis Santos Jordan Reynolds Coody Thiel Young Zurcher Davis Santos Jordan Reynolds Coody FAYETTEVILLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL MAY 159 2001 A meeting of the Fayetteville City Council will be held on May 15, 2001 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 0I NOMINATION COMMITTEE REPORT A. CONSENT 1 . APPROVAL OF THE MINUTES — y 2. V OFFER AND ACCEPTANCE : A resolution approving the offer and acceptance for the transfer of vacant property located at 897 N. Crossover Road from the City of • tteville to the William E. House Trust. 3. ✓ STREET TREE INVENTORY: A resolution awarding a contract to Burditt Associates in an amount not-to-exceed $25,000 to conduct a city-wide street tree -- inventory. 4. �/ LAKE SEQUOYAH BOAT DOCK OPERATOR: A resolution awarding a contract to Linda Thorpe and/or Richard Utley for Lake Sequoyah boat dock operation in the amount of $ 15,656. 5. RAILROAD RIGHT-OF-WAY: A resolution approving the purchase of railroad right-of-way from Arkansas and Missouri Railroad in the amount of $70,000. The right-of-way is to be used for a multi-use trail. B. OLD BUSINESS )V�PHYSICAL ALTERATION OF LAND: An ordinance amending Section 169.03 of the Code of Fayetteville, Physical Alteration of Land. The ordinance was left on he second reading at the May 1 , 2001 meeting. 2. � STORMWATER AND DRAINAGE: An ordinance amending Section 170.03 of • ,yl, the Code of Fayetteville, Stormwater Management, Drainage and Erosion Control. e ordinance was left on the second reading at the May 1 , 2001 meeting. 113 WEST MOUNTAIN 72701 501521-7700 FAY 501 575.A957 (� 3. f TREE PROTECTION AND PRESERVATION: An ordinance amending the Tree • Protection and Preservation Ordinance to allow for a waiver, reduction or alteration in the requirements of the Tree Preservation Ordinance. Theordi an e was left on V he first reading at the May 1 , 2000 meeting. � C. NE USINESS J (�, 1 . Z 01 -8.00: An ordinance approving rezoning request RZ 01 -8.00 as submitted by - 1 Deborah Sexton on behalf of VIHM Land Investments, Inc. for lots 76-83 located in Meadowlands Subdivision Phase I and H. The property is zoned R- 1 .5 Moderate Density Residential and contains approximately 1 .79 acres. The request is to rezone �L R-1 , Low Density Residential. 2. V HMR TAX: An ordinance amending § 35 .20 of the Code of Fayetteville to add delis, drive-in restaurants, carry-out restaurants, concession stands, convenience stores, \ grocery store restaurants, caterers and similar bu ines es to the list of businesses Y\ ollecting the city's HMR Tax. h FJ A&0,J 000 A� IW Q( 3.� PARKS HMR TAX: An ordinance amending § 35 .31 of the Code of Fayetteville to add delis, drive-in restaurants, carry-out restaurants, concession stands, convenience stores, grocery store restaurants, caterers and similar businesses to the ljst of�1 l4 `businesses collecting the city's HMR Tax. C� � �t� �� • �! SPECIAL ELECTION: An ordinance calling and setting a date foi a special election for the adoption or rejection of ordinances enlarging the definition of what type of business and what type of gross receipts or proceeds would be subject to the Hotel, Motel, and Restaurant T and the Parks Hotel, Motel, and Restaurant Tax. 5 GARLAND AVENUE : A resolution approving the reimbursement to the Arkansas Highway and Transportation Department for the additional cost of right-of-way h acquisition in order to install a boulevard and a 10' multi-use trail with 6' of `g eprispace for Garland Avenue between Cleveland and North Street. O /flee 91130. STAFF REVIEW FORM � x _ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of May 15, 2001 FROM : Connie Edmonston Park & Recreation Public Works Name Division Department ACTION REQUIRED : Resolution to adopt contract for Lake Sequoyah Boatdock Operator with Linda Thorpe and/or Richard Utley in the amount of $ 15 , 656 . COST TO CITY : $ 15 , 656 Contract Services Cost of this Request $' R1 F90R Category/Project Name 1010_5950_5314 nn Category/Project Budget Account Number ,$ 21 � qfn Lake Recreation Elands Used To Date Program Name Project Number $ 9q qq5 General Fund Remaining Balance Eland BUDGET REVIEW : x Budgeted Item Budget Adjustment Attached Bldg Manager Administrative Services Director CONTRACT /GRANT /LEASE REVIEW : GRANTING AGENCY : Accounting Manager Da a Internal Giuditor Date A S - Ct ' P4 Ci y Attorrey Date ADA Coordinator Date UO") 5- 4 -c) 1 Purchasing Officer Date STAFF RECOMMENDATION : Resolution to Adopt Contract for Lake Sequoyah Boatdock perator with Linda Thorpe and/or Richard ey. S of i n ead Date Cross Reference G D ment actor to New Item : Yes No 0 A nin ' ra i e r ces Director DJ--�=�— Prev Ord/Res # : 195- 99 5 Orig Contract Date : Nov 16 . 1999 or Date Orig Contract Number : Page 2 STAFF REVIEW FORM Description Lake Sequoyah Boatdock Meeting Date May 15 , 2001 • Comments : Reference Comments : Budget Coordinator Accounting Manager City Attorney . archasing Officer ADA Coordinator Internal Auditor 1'1 � �� vi - y P' ♦ � ' r- T A t � tFF THE CITY OF FAYETTEVILLE, ARKANSAS • DEPARTMENTAL CORRESPONDENCE TO: Mayor Coody and City Council THRU: Don Bunn, Assistant Public Works Director FROM: Connie Edmonston, Parks & Recreation Superintendent DATE: May 8, 2001 RE: Resolution to Adopt Contract for Lake Sequoyah Boatdock Operator The Parks and Recreation Division is requesting a resolution to adopt the Lake Sequoyah Boatdock Operator's Contract with Linda Thorpe and/or Richard Utley in the amount of $ 15,656. The current contract was with Frank Thorpe, who unexpectedly passed away on May 1 , 2001 . Park staff and the Parks and Recreation Advisory Board are extremely satisfied with the performance of Mrs. Thorpe and Mr. Utley who have assisted Frank Thorpe in the operations of • Lake Sequoyah over the past six years. We recommend this contract in order not to interfere with the operations of the lake during its busiest time of the year. Citizens appear to be satisfied with the current operations. All terms of the contract would remain the same, but reduced to an eight month contract terminating on December 31 , 2001 . At the end of this year, we will proceed through the formal bid process. We will all miss Frank Thorpe. He truly loved his work at Lake Sequoyah. We are fortunate to have Frank's wife and former partner to continue the valuable services offered at Lake Sequoyah. r RESOLUTION NO, A RESOLUTION TO ADOPT AND AGREE TO A CONTRACT FOR THE LAKE SEQUOYAH BOAT DOCK OPERATOR WITH LINDA THORPE AND RICHARD UTLEY IN THE AMOUNT OF $15,656.00 FOR THE PERIOD OF MAY 1 - DECEMBER 31, 2001 WHEREAS, the current contract for the operation of the Lake Sequoyah Boat Dock was held by Frank Thorpe who was assisted by his wife, Linda Thorpe, and unofficial partner, Richard Utley for the last several years; and WHEREAS, Mr. Frank Thorpe sadly passed away on May 1, 2001; and WHEREAS, it would be in the City's best interest to contract with Mrs. Linda Thorpe and Mr. Richard Utley to continue to operate the Lake Sequoyah Boat Dock through the end of this year when the operational contract will again be available for public bidding. 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, adopts and agrees to a contract for the operation of the Lake Sequoyah Boat Dock with Linda Thorpe and Richard Utley in the amount of $15,656.00 for the period May 1, 2001 to December 31, 2001 . PASSED and APPROVED this the day of May, 2001. APPROVED: BY: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk • CITY OF FAYETTEVILLE • Lake Sequoyah Boat Dock Operator Contract OPERATING CONTRACT FOR LAKE SEOUOYAH BOAT DOCK For the total amount of $ 1 ,957 per month, Linda Thorpe and/ or Richard Utley (the "Contractor") agrees to provide the list of services and requirements to the City of Fayetteville beginning May 1 , 2001 and ending December 31 , 2001 . Either party may cancel this contract by giving the other party thirty days written notice of cancellation. The Contractor further certifies possession of the initial capital monies to commence boat dock operations. The City agrees to pay the Contractor in current funds for the performance of the listed services and requirements by making payments to the contractor no later than the 15" of each month. CONTRACTED SERVICES AND REQUIREMENTS I . Operate and manage the Lake Sequoyah Boat Dock. Shall be an independent contractor not an employee of the City . Must open and close the lake gates seven days a week at sunrise and sunset. The Lake Sequoyah Boat Dock is closed each year from December 24 through January 14. The operator is responsible for supervising the boat dock during this time. • 2. Collect boat stall rentals, storage rentals, fishing permits, and boating permits. These fees are submitted to the Parks and Recreation Office on a weekly basis. 3 . Prepare reports and keep records as required by the Parks and Recreation Superintendent. 4. Enforce lake rules and regulations as adopted by the Fayetteville Code of Ordinances Chapter 97, Section 97.070 and 97.999. 5 . Provide proof of liability insurance with a minimum coverage of: $300,000 for one person involved in death or injury. $500,000 for two or more persons involved in death or injury. 6. Receive prior approval from the Parks and Recreation Superintendent, or his designee, for any special event conducted at Lake Sequoyah. 7. Mow the yard surrounding the boat dock office and dock area to maintain a manicured appearance. 8 . Pick up trash and clean the office and bathroom on a daily basis. 9. Conduct the following business at the Lake Sequoyah Boat Dock: • a. Sell concessions in compliance with all applicable State & Federal Laws, r Municipal Ordinances, Health Department Regulations and the rules and regulations of all authorities having jurisdiction over the performance of this project. b. Sell fish bait. C. Provide other services which the Parks and Recreation Superintendent determines will enhance the operation of Lake Sequoyah. 10. On call 24 hours a day. 11 . The initial annual term of the Contract shall be May 1 " through December 31 ", 2001 . Compensation for the first period will be $ 1 ,957 per month. 12. Either party may terminate this contract at any time by giving the other party thirty (30) days written notice of termination. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which will be deemed and original, in the year and day first above mentioned. CITY OF FAYETTEVILLE. ARKANSAS ATTEST: (City) By: (City Clerk) (Title) Linda Thorpe and/ or Richard Utley (Witness) ' �`(C�'ontractorr)) By: � L , , By: Lake Seauoyah Operator (Title) 1385 Lake Seauoyah Dr., Fayetteville, AR 72701 (Address and Zip Code) i FAYETTEVILLE THE CITY OF FAYETIEV/LLE, ARKANSAS • DEPARTMENTAL CORRESPONDENCE To: Mayor Dan Coody City Council Mem ers From: John Maguire, A m strative Services Director Date: May 10, 2001 Subject: HMR Tax The Administrative Services staff has reviewed the ordinance as proposed amending the levy and collection of the HMR tax. We are not certain that definitions should include more than item D. " Caterers" . Should the new ordinance be considered as drafted, we suggest the following changes: • Section 2, Subpart A: Deli's A. Deli's - Deli's shall include establishments selling prepared food or beverage as defined, however this tax shall not apply .to sliced meat and/or cheese sold by the pound. Section 2, Subpart. B: Concession Stands B. Concession Stands - Stands owned by non-profit groups are excluded from this taxation, as well as stands operated on a short term basis, such as First Night, Springfest, Autumnfest and County fairs. Other stands operated on a recurring basis, such as for athletic events, barbecue stands and other on-going stands, whether mobile or stationary, will collect the HMR tax. • 05 - 10 - 01PO4 : 19 RCVD STAFF REVIEW FORM X AGENDA REQUEST ` CONTRACT REVIEW GRANT REVIEW for the Fayetteville City Council meeting of May 15 , 2001 . FROM : Tim Conklin Planning Public Works Name Di vi si on D��nartmcnt ACTION REQUIRED : To approve a resolution to reimburse the Arkansas Highway and Transportation Department for the additional cost of right-of-way acquisition in order to install a boulevard and a 10' multi-use trail with 6' of greenspace for Garland Avenue between Cleveland and North Street. The University of Arkansas will maintain the boulevard from Maple Street to North Street. The City of Fayetteville will maintain the green space between the multi-use trail and sidewalk from Cleveland to North Street. COST TO CITY : Street ROW/ Intersection $ 25 , 000 . 00 $ 332 , 048 /Cost Sharing Cost of this Request Category/Project Budget Category/Project Name Garland Avenue - Reimbursement to Highway Department for 4470- 9470 - 5809- 00 $ 119 , 566 Boulevard installation Account Number Funds Used To Date Program Name Sales Tax Capital 8033 $ 212 , 482 Improvements Project Number Remaining Balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Accounting Manager Date Internal Auditor Date City Attorney Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommends approval of the cost share to enhance Garland Avenue from a reet to a boulevard design and install a 10 ' multi -use trail . s" 10--OI Division Head Date Cross Reference New Item : Yes Department Director Date Prev Ord/Res # ' Admi trative Services Director Date 9 �fl Orig Contract Date : yor Date Orig Contract Number : t FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: PLANNING DIVISION CORRESPONDENCE 501-575-8264 TO: Fayetteville City Council FROM: Tim Conklin, City Planner DATE: May 10, 2001 SUBJECT: Garland Avenue Enhancements Since presenting the Garland Avenue agenda request, the City has learned that the Arkansas Highway and Transportation Department is willing to pay, if necessary, for the additional cost of materials to expand the 5' sidewalk to a 10' multi-use trail with a 6' green space on the west side of Garland Ave. The City has also learned that the University of Arkansas will landscape the boulevard in addition to maintaining the entire boulevard. This will reduce the estimated cost of . this request from $86,000 to $25,000 for only the purchase of additional right-of-way. Please call me at 575-8264 if you have any questions regarding this project. • 6 C /, Ff30RA +► , SfXTUIv� f� 7Y1 � , raUE57ylJ �ivfS - � b STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of May 15 , 2001 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for RZ 01 - 8 . 00 submitted by Deborah Sexton on behalf of WHM Land Investments , Inc . , for lots 76-83 located in Meadowlands Subdivision Phases I and II . The property is zoned R- 1 . 5 , Moderate Density Residential and contains approximately 1 . 79 acres . The request is to rezone to R- 1 , Low Density Residential . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number . Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and Planning Commission unanimously voted 8 -0 - 0 to recommend and forward the rezoning to the City Council . Cross Reference Division Head Date Department Director Date New Item : Yes No Administrative Services Date Prev Ord/Res# : Director Mayor Date Orig Contract Date : Smooth Feed SheetsTm . Use template for 51630 Lt- Theresa tTheresa Fette, Gabriel J . Warner and Chieu Lam Cortney D. Rakestraw 632 Putnam, Apartment 18 884 Meadowlands Drive Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72704 x P John C. Nock, Jill L. Nock, Stanley C . Lankford , John C. Nock, Jill L. Nock, Charles T. Nock , Jr. , and Nancy E. Lankford and Josephine R . Nock 1501 Forest Heights 1501 Forest Heights c/o Empire Properties #2 c/o Empire Properties # 1 Fayetteville, Arkansas 72703 Fayetteville, Arkansas 72703 491e tqS -Iq4 a f Norman R. Moulden and Bernice Mathias Eric Sonneborn and Karissa Sonneborn 117 Skyline 1833 Grand Canyon Drive Fayetteville, Arkansas 72701 Lewisville, Texas 75077 Marie N . Kinion Living Trust 773 Daisy Lane Fayetteville, Arkansas 72704 n0 AVERY® Shipping Labels Laser 5160 G� , 1 G • r Smooth Feed SheetsTM Use template for 51630 4 -1t yMichael J . Fox and Linda A. Fox Ralph Freeman Inter-Vivos Trust and Arlie 1148 Stearns Road Freeman Inter-Vivos Trust Fayetteville, Arkansas 72704 4120 Rogers Avenue Fort Smith , Arkansas 72903 A Gary L. Looney, Sr. x 14136 Mineral Springs Road Damon R. Keith and Gretchen R. Keith West Fork, Arkansas 72774-9476 716-718 Daisy Lane Fayetteville, Arkansas 72701 15 `�a , 53� 55 , 7c� -83 , q � — 105 t x1 tps - lg1US - (Vo I WHM Land Investments, Inc. 'Lee Anne Goines 1366 Oaks Manor Drive 702 Daisy Lane Fayetteville, Arkansas 72703 Fayetteville , Arkansas 72701 j i i i i i MAVERY® Shipping Labels Laser 51634D STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of May 15 , 2001 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for RZ 01 - 6 . 00 submitted by Deborah Sexton on behalf of WHM Land Investments , Inc . , for lots 76- 83 located in Meadowlands Subdivision Phases I and II . The property is zoned R- 1 . 5 , Moderate Density Residential and contains approximately 1 . 79 acres . The request is to rezone to R- 1 , Low Density Residential . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Ac c nein Manager Date ADA Coordinator Date �/ City Attor ey Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and Planning Commission unanimously voted 8 -0 -0 to recommend and forward the rezoning to the City Council . Cross Reference Digor r 49t;eL New Item : Yea No A ices Prev Ord/Res# : a r Date Orig Contract Date : ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ01o8.00 FOR A PARCEL CONTAINING APPROXIMATELY 1 . 79 ACRES FOR LOTS 76.83, LOCATED IN MEADOWLANDS SUBDIVISION PHASES I AND II, AS SUBMITTED BY DEBORAH SEXTON ON BEHALF OF WHM LAND INVESTMENTS, INC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From R- 1 .5, Moderate Density Residential to R- 1 , Low Density Residential described in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this day of , 2001 . APPROVED: By: Awzt gn4e.� DAN COODY, Mayo A"T"TEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZ01 ,8.00 A CERTAIN TRACT OF LAND LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, BEING SITUATED IN THE SOUTHEAST QUARTER (SE'/4) OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST OF THE 5TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT: BEGINNING AT A POINT N87005'29"W 163.04 FEET FROM A 3/4" PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 12, THENCE N8605814311W 1139.57 FEET TO A POINT; THENCE N87°11'21"W 1314.43 FEET TO A POINT; THENCE NO2035'39"E 1321 . 72 FEET TO A POINT; THENCE S88031'48"E 304.89 FEET TO A POINT; THENCE 125.57 FEET ALONG A NON-TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 925.00 FEET, AN INTERIOR ANGLE OF 704614011 , AND A CHORD BEARING AND DISTANCE OF S52048'35"E 125.47 FEET TO A POINT; THENCE TANGENT TO THE PREVIOUS CURVE, S56°41'55"E 358.73 FEET TO A POINT; THENCE S8803 1'48"E 166. 17 FEET TO A POINT; THENCE N01028' 12"E 702.82 FEET TO A POINT; THENCE S86059'51 "E 436.92 FEET TO A POINT; THENCE NO2° 15'40"E 416.75 FEET TO A POINT; THENCE N88°3613111W 437.28 FEET TO A POINT; THENCE NO2°38' 16"E 362.23 FEET TO A POINT; THENCE N71035' 10"E 147. 12 FEET TO A POINT; THENCE S84040' 18"E 275.84 FEET TO A POINT; THENCE S67000'26"E 23.26 FEET TO A POINT; THENCE N77°46' 18"E 61. 78 FEET TO A POINT; THENCE S89°59'20"E 72.82 FEET TO A POINT; THENCE S87029'03"E 272.58 FEET TO A POINT; THENCE S02034'42"W 298.86 FEET TO A POINT; THENCE N87023' 19"W 343.61 FEET TO A POINT; THENCE S02° 1413811W 668.42 FEET TO A POINT; THENCE S87014'03"E 339.49 FEET TO A POINT; THENCE S87014'33"E 416.32 FEET TO A POINT; THENCE S87°40'33"E 330. 10 FEET TO A POINT; THENCE S02°32'56"W 1642.50 FEET TO THE POINT-OF- BEGINNING, CONTAINING 92.92 ACRES (4,047,619 SQ. FT.) , MORE OR LESS, SUBJECT TO ALL RIGHTS-OF-WAY, SERVITUDES AND/OR EASEMENTS OF RECORD OR FACT. Planning Commission April 23, 2001 Page 47 RZ O1-8.00: Rezoning (WHM Land Investments, pp 439) was submitted by Deborah Sexton on behalf of WHM Land Investments, Inc. for lots 76-83 located in Meadowlands Subdivision Phases I & II. The property is zoned R1 .5 Moderate Density Residential and contains approximately 1 .79 acres. The request is to rezone to R-1 , Low Density Residential. Estes: The next item on the agenda is item number six, a Rezoning submitted by Deborah Sexton on behalf of WHM Land Investments, Inc. for lots 76-83 located in Meadowlands Subdivision Phases I & II. The property is zoned RI .5 Moderate Density Residential and contains approximately 1 .79 acres. The request is to rezone to R- 1 , Low Density Residential. Staff recommends approval of the requested rezoning based on the findings included in the staff report. Is the applicant present? Conklin: I don't see the applicant. Hoffman: Does she need to be present? Conklin: This is a downzoning. I would encourage you to act on this item. PUBLIC COMMENT: Estes: Without the applicant present, I'll bring it back to the Commission for discussion, motions and comments. I didn't solicit public comment because Ms. Hesse, video staff and the press are the only persons I see in the audience. Do any of you wish to provide public comment on this rezoning request? COMMISSION DISCUSSION: Estes: Seeing none, I'll bring it back to the Commission for discussion and motions. MOTION: Shackelford: I would like to make a motion to approve RZ 01 -8.00 based on staff findings. Allen: I' ll second. Estes: We have a motion by Commissioner Shackelford and second by Commissioner Allen to approve RZ 01 -8.00. Any discussion? Sheri, would you call the roll please? Planning Commission April 23, 2001 Page 48 ROLL CALL: Upon roll call RZ 01 -8.00 is approved by a unanimous vote of 8-0-0. • 0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO : Fayetteville Planning Commission FROM: Dawn T. Warrick, Planner THRU: Tim Conklin, A.I.C.P. , City Planner DATE: April 23, 2001 RZ 01-8.00: Rezoning (WHM Land Investments, pp 439) was submitted by Deborah Sexton on behalf of WI-IM Land Investments, Inc. for lots 76-83 located in Meadowlands Subdivision Phases I & II. The property is zoned R1 . 5 Moderate Density Residential and contains approximately 1 .79 acres. The request is to rezone to R-1 , Low Density Residential . RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION : Required YES O Approved O Denied Date: April 23, 2001 CITY COUNCIL ACTION : Required YES O Approved O Denied Dater May 15, 200111 readinpL a. Comments: HA USERSICOAE140N1DA WN71REPOR7SIPC14-23-0/1 whm_rz.wpd