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Home My WebLink About2005-08-02 - Agendas - Final Aldermen Ward 1 Position 1 - Robert Reynolds Mayor Dan Coody Ward 1 Position 2 - Brenda Thiel City Attorney Kit Williams Tayve Ward 2 Position 1 - Kyle B. Cook Ward 2 Position 2 - Don Marr Ward 3 Position I - Robert K. Rhoads City Clerk Sondra Smith ;- IileWard 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting August 2, 2005 A meeting of the Fayetteville City Council will be held on August 2, 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mt. Sequoyah Street Extension: A resolution to make an exception to the policy of not extending streets over Mt. Sequoyah. THIS ITEM WAS MOVED TO THIS POSITION FROM NEW BUSINESS, ITEM NO, 6 AT THE CITY COUNCIL MEETING AND WAS TABLED INDEFINITELY. Recognize Fayetteville High School Bulldog Band: A resolution to recognize the accomplishments of the Fayetteville High School Bulldog Band and proclaim the Fayetteville High School Bulldog Band to be official ambassadors of the City of Fayetteville, Arkansas to the Tournament of Roses Parade in Pasadena, California in 2006. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 148-05 A. CONSENT: 1. Approval of the July 19, 2005 City Council meeting minutes. APPROVED. 2. Fairlane Apartments Park Land Dedication: A resolution accepting the Parks and Recreation Advisory Board' s recommendation to accept approximately 1 .34 acres of land and approximately $ 14,060.00 cash in lieu of the required park land dedication for the Fairlane Apartments. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 149-05 B. UNFINISHED BUSINESS: 1. Planning Commission Appeal (Dixie Development): An ordinance annexing that property described in ANX 05- 1490 for approximately 24.35 acres located at the northeast corner of Mount Comfort Road and Hughmount Road and zoning such property R-A Residential Agricultural. This item was Left on the Second Reading at the June 21, 2005 City Council meeting. This item was tabled at the July 5, 2005 City Council meeting until the July 19, 2005 City Council meeting. This item was tabled at the July 19, 2005 City Council meeting until the August 2, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4732, 2. RZN 05-1491 (Dixie Development): An ordinance rezoning that property described in rezoning petition RZN 05-1491 for approximately 24.35 acres located at the northeast corner of Mount Comfort and Hughmount Road, from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4 units per acre. This item was Left on the Second Reading at the June 21, 2005 City Council meeting. This item was tabled at the July 5, 2005 City Council meeting until the July 19, 2005 City Council meeting. This item was tabled at the July 19, 2005 City Council meeting until the August 2, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4733, 3. Planning Commission Appeal (HondaPro): A request to appeal the Planning Commission's motion to deny rezoning request RZN 05- 1524 rezoning Lots 14, 15 and 16 of the Parker' s Plat of Valley View Acres from RSF-4, Residential Single Family, 4 Units Per Acre and R-O , Residential Office, to C-2, Thoroughfare Commercial. This item was tabled at the July 19, 2005 City Council meeting until the August 2, 2005 City Council meeting. THIS ITEM WAS TABLED TO THE AUGUST 16, 2005 CITY COUNCIL MEETING. 4. Planning Commission Appeal (Rapido Rabbit Carwash): A request to appeal the Planning Commission's motion to deny Administrative request ADM 05- 1582 for Rapido Rabbit Carwash located south of Wedington Drive and west of Shiloh Drive. This item was tabled at the July 19, 2005 City Council meeting until the August 2, 2005 City Council meeting. THIS ITEM WAS WITHDRAWN BY THE APPLICANT. 5, R-PZD 05-1463 (Oakbrooke): An ordinance establishing a residential planned zoning district titled R-PZD 05- 1463 , Oakbrooke Phase I, located west of Rupple Road and east of Bridgeport Subdivision, containing approximately 20.9 acres, amending the Official Zoning Map of the City of Fayetteville; and adopting the associated Residential Development Plan as approved by the Planning Commission. This item was Left on the First Reading at the July 19, 2005 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDIANCE. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org 0 0 6. RZN 05-1546 (Mathias): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1546 for approximately 1 .20 acres located at the northwest corner of Highway 45 and Box Avenue from RSF-4, Residential Single Family, 4 Units Per Acre to R-O, Residential Office. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4734, 7. RZN 05-1564 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1564 (Mountain Ranch D,F,H,I,J) for approximately 193 .66 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to RSF-2, Residential Single Family, 2 Units Per Acre. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4735, 8, RZN 05-1563, RZN 05-1566 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1563 (Mountain Ranch C) and RZN 05- 1566 (Mountain Ranch G) for approximately 97.71 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to RSF-4, Residential Single Family 4 Units Per Acre. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4736, 9. RZN 05-1562 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1562 (Mountain Ranch B) for approximately 19.04 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to RMF-24, Residential Multi-Family, 24 Units Per Acre. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4737, 10. RZN 05-1561 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1561 (Mountain Ranch A-2) for approximately 27.01 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to C- 1 , Neighborhood Commercial. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4738, 11. RZN 05-1560 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1560 (Mountain Ranch A- 1 ) for approximately 14.60 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to C-2, Thoroughfare Commercial. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4739. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org C. NEW BUSINESS: 1 . King Electrical Contractors, Inc. Change Order: A resolution approving a change order to the contract with King Electrical Contractors, Inc. in the amount of $60,000.00 for electrical utility relocation associated with the Mountain Inn Project; and accepting the promise of East Square Development Company, LLC to reimburse the City of Fayetteville in an amount not to exceed $60,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 150-05. 2. ANX 05-1580 (Sloan Properties): An ordinance annexing that property described in Annexation Petition ANX 05- 1580 for property located at Hunt Lane, south of Highway 16 East containing 31 .59 Acres. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 3. RZN 05-1581 (Sloan Properties): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1581 for approximately 31 .59 acres located at Hunt Lane, south of Highway 16 east from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4-Units Per Acre. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 4. R-PZD 05-1555 (Oakbrooke Subdivision): An ordinance establishing a Residential Planned Zoning District titled R-PZD 05- 1555, Oakbrooke Phase II, located west of Rupple Road and east of Bridgeport Phase II, containing approximately 11 .5 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. THIS ITEM WAS REMOVED FROM NEW BUSINESS AND MOVED TO UNFINISHED BUSINESS. 5. VAC 05-1522 (Springwoods): An ordinance approving VAC 05- 1522 submitted by Patrick Hargus for property located at Highway 112 and Truckers Drive (The Springwoods Planned Zoning District) vacating a utility easement as indicated in the attached map and legal description. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4740, 6. Mt. Sequoyah Street Extension: A resolution to make an exception to the policy of not extending streets over Mt. Sequoyah. THIS ITEM WAS MOVED TO THE FRONT OF THE AGENDA BEFORE FAYETTEVILLE HIGH SCHOO BAND, 7. Appointment of Negotiation Team for Farmington Sewer System: A resolution to appoint a negotiation team to work with Farmington on the issue of accepting Farmington's Sewer System into the Fayetteville Sewer System and issues related thereto. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi Ile.org 0 0 PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-05, 8. Solid Waste and Recycling Services-City of Elkins: A resolution authorizing City staff to enter into negotiations with the City of Elkins, Arkansas to provide Solid Waste & Recycling Services to the City of Elkins, Arkansas. THIS ITEM WAS TABLED TO THE AUGUST 16, 2005 CITY COUNCIL MEETING. 9. Cross, Gunter, Witherspoon & Galchus P.C. Change Order: A resolution to approve an amendment to the contract for professional services with Cross, Gunter, Witherspoon & Galchus, P.C. in an amount not to exceed $50,000.00 to continue representation of the City in the Peter T. Reagan, ET. AL. v. City of Fayetteville lawsuit; and approving a Budget Adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION 152-05, 10. Trail Construction Program Staffing Addition: A resolution authorizing the Transportation Division to hire Nine (9) additional full-time employees (Trail Prep and Trail Concrete Crews); and approving a Budget Adjustment in the amount of $267,936.00 to implement an In-House Trail Construction Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 153-05. 11. Economic Development Fund Grant: A resolution approving an Economic Development Fund Grant in the amount of $54,000.00 to the Northwest Arkansas Aviation Technology Center at the Fayetteville Municipal Airport to Facilitate National Accreditation; and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 154-05. 12. APAC-Arkansas, Inc. Contract Approval: A resolution awarding a construction contract to APA-Arkansas, Inc., McClinton Anchor Division in the amount of $ 1 , 165,206.00 and approving a change order reducing the contract amount by $486,923 .00, to construct the west general aviation apron; approving a 5% project contingency of $29, 130.00; and accepting grants from the FAA and Arkansas Department of Aeronautics. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 155-05, 13. Mally Wagon Road Sewer Service: A resolution to allow extension of sewer service outside the City's corporate limits on a 25 acre parcel on Mally Wagon Road less than a quarter mile from the city limits. THIS ITEM WAS TABLED TO THE SEPTEMBER 16, 2005 CITY COUNCIL MEETING. 14. Legacy Building Site Easement: A resolution to convey a twenty foot casement for access and to restrict construction of structures around the proposed Legacy building on the site of the demolished Shulertown Market building. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org • • PASSED AND SHALL BE RECORDED AS RESOLUTION 156-05. 15. Razorback Road Utility Relocation: A resolution to approve the Arkansas State Highway Commission' s highway utility construction/relocation agreement for the widening of Razorback Road in the amount of $313,671 .00 and approving a budget adjustment in the amount of $ 1 ,704,471 .00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 157-05, 16. Wedington Drive Utility Relocation: A resolution to approve the Arkansas State Highway Commission's highway utility construction/relocation agreement for the widening of Wedington Drive from Rupple Road to Double Springs Road in the approximate amount of $445,793 .70 and approving a budget adjustment in the amount of $ 136793294.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 158-05, D. PUBLIC HEARING: 1. Raze and Removal of Structure on 2016 W. Stone St.: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Paul Brickman located at 2016 W. Stone Street in the City of Fayetteville, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 159-05, E. INFORMATIONAL: Council Tour: NONE MEETING ADJOURNED AT 10: 15 P.M. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting August 2, A 0 � , �} n Subject: 0 Motion To: Motion By: Seconded: Ferrell Lucas Jordan Reynolds ✓ Thiel Cook ✓ Marr Rhoads Mayor Coody :90 - D Subject: C r Motion To: (AUole -�� vl Motion By: (),J�e.� � Al Seconded: Ferrell Lucas 4t Jordan / 1 Reynolds Thiel V^^" Cook Marr Rhoads Mayor Coody City Council Meeting August 2, 205 • Subject: 1. Motion To: Motion By: Seconded: Ferrell Lucas vooe Jordan N Reynolds Thiel Al Cook Marr Rhoads Mayor Coody 5 '3 Subject: . rl �1 . C Motion To: Motion By: Seconded: 1J1L�► Ferrell Lucas Jordan � / Reynolds fn1� Thiel Cook to� Y Marr Rhoads Mayor Coody � Q City Council Meeting August 2, 205 • Subject: Motion To: /� A- Motion By: C�GFF3c Seconded: Ferrell ✓ Lucas ✓ Jordan V elReynolds Thiel V Cook ✓ Marr Rhoads Mayor Coody Subject: Motion To: Motion By: Seconded: Ferrell ✓ Lucas Jordan ✓ Reynolds ✓ �r Thiel Cook ✓ Marr Rhoads Mayor Coody g �a City Council Meeting August 2, 2�5 • Subject: T drt A t&g � 1CiG Motion To: ',3dCqn/� Motion By: Seconded: µ � Ferrell ✓ 400/ Lucas woo� 4/ U^"d' ° Jordan ✓ �/ .. m — Reynolds '� ✓ Thiel ,/ ✓ Cook Marr Rhoads t/ 7 ✓ Mayor Coody Subject: 2A oS 49 Motion To: a Motion By: J Seconded: QNv Ferrell POOOP j6 ' 0? Lucas Jordan ✓ �/ Reynolds ✓ v Thiel ✓ Cook ✓ t/ �j Marr ✓ ?� ✓ Rhoads Mayor Coody City Council Meeting August 2, 295 • Subject: TIQ A Motion To: � Motion By: Seconded: 6t3 , Ferrell cas Jordan Reynolds t/ I Thiel Cook Marr Rhoads ✓ Mayor Coody $ - D Subject: T AA� CIA Motion To: Na19ro �J'S • Motion By: Seconded: 8 . 4 , Ferrell Lucas U4-,M Jordan Reynolds Thiel W 11AU � rook Marr Rhoads Mayor Coody City Council Meeting August 2, 1 • Subject: Motion To: ' o21ICP Motion By: av► o� Seconded: 8e Ferrell aA Z.' 0 . e7 Lucas ✓ Jordan Reynolds � lam' Thiel Cook � Marr ✓ Rhoads Mayor Coody ? - O Subject: PZ. � Motion To: X n Motion By: �}Q� Seconded: JIAMJJ X.u)9 Ferrell ' Lucas /V 1 Jordan Reynolds Thiel t/ Marr Rhoads Mayor Coody C Q "Q City Council Meeting August 2, 2605 Subject: " Z Al OS 7S44P M �� Motion To: 3 A-d pa _ l Motion By: (� A�V OnnA Seconded: Ferrell ,/ I/ , 6 • Lucas Jordan Reynolds POO� Thiel ✓ � Cook ,/ Marr Rhoads IMayor Coody Subject: � Z N Motion To: l.1 Motion By: Seconded: Ferrell 6w Ua+ �u Lucas W� ✓ Jordan ✓ P.&AA`��'� Reynolds ,, vo� Thiel ✓ �/ Cook Marr vo� Rhoads ✓ Mayor Coody City Council Meeting August 2, 2�5 • Subject: �{ Zi N AS OYS di Motion To: Motion By: Seconded: Q O Ferrell P oy n Lucas t/ �1 'Jordan Reynolds Thiel Cook ✓ v Ab rr ✓ Rhoads 3 Mayor Coody Subject: Z�JIV S �c5'1, d Motion To: ✓',y' /Z�O , Motion By: � Seconded: 4aoc a 1l (� Ferrell ucas ordan Reynolds Thiel ✓ Cook r Marr / Rhoads r Mayor Coody City Council Meeting August 2, 25 • Subject: R Z N • OS '� S � �21 �� Motion To: !l Ad ajOlaf Motion By: N JJ Seconded: Ferrell ✓ g . / o , Lucas iJordan t/ ✓ __ VV Reynolds t/ ✓ Thiel P� Cook ✓ Marr ✓ �xJ Rhoads f ��vT Mayor Coody ? ' o Subject: Motion To: Motion By: dam, Seconded: Ferrell ✓ �/ Lucas Jordan V Reynolds . Li iel ✓ �/ Cook ✓ r/ Marr Rhoads OA {� ✓ I Mayor Coody City Council Meeting August 2, 2 5 • Subject: // Motion To: C•Q% Motion By: Seconded: /1 Ferrell vv Lucas CJS" Jordan Reynolds IThiel ✓ Cook Marr 1� 1 �✓ Rhoads r0 -05 Mayor Coody Subject: /U Motion To: ar� Motion By: Seconded: 64 ^ q Ferrell Lucas � Jordan Reynolds t/ Thiel f , ^ Cook J Marr ,✓ Rhoads v 1' t Mayor Coody $- D City Council Meeting August 2, 295 • Subject: O D Motion To: a A Motion By: Seconded: Ferrell Ar Lucas Jordan / Reynolds � Thiel � Cook ✓ V Marr D ' Rhoads I�o I Mayor Coody p a _ O Subject: P D QE 9s 6oic LovJ& ajc(r Si Motion To: Motion By: Seconded: C ' � • Ferrell QLa }� W 4-p da Lucas Jordan 40 Reynolds I ,wz hiel �+ ook Marr Rhoads Mayor Coody City Council Meeting August 2, 2�5 • Subject: /1 Motion To: 1 �d l r 1 Motion By: Seconded: �AnIg AAaLAr/ CFerrell V/� ✓ LOI� AI ,I �• Lucas ,/ �/ L0000e Jordan ,/ V ✓ Reynolds �/ ✓ �/ Thiel ✓ i/ ✓ P&A,pyD Cook ✓ �/ Marr ✓ ✓ ✓ Rhoads V � ` ✓ Mayor Coody Subject: Motion To: Motion By: Seconded: Ferrell Lucas �N Jordan { � eynolds Thiel Cook Marr hoads Mayor Coody City Council Meeting August 2, A Subject: lAtwux ' Motion To: Motion By: Seconded: ��04 Ferrell C • 7 - Lucas i/ !Y Jordan t/ Reynolds ✓ Thiel ✓ Cook Marr Rhoads ✓ Mayor Coody 8 .p . Subject: oi A�tV1 G..� ► ISP 011 fitYo�. o� Q� OL o7 o ✓y�, Motion To: Ve.-� Motion By: Seconded: Ferrell Lucas ✓ Jordan Reynolds Thiel Cook / Marr Rhoads Mayor Coody City Council Meeting August 2, Z�5 • Subject: \ . Y4 waX6 C>' �'� w Motion To: Motion By: Seconded: Ferrell ✓ Lucas ✓ NJordan ✓ Reynolds oro I Thiel _ n Cook ✓ Marr ✓ Rhoads Mayor Coody Subject: �p � j(,t Waxtz �lJ6Ui CU Motion To: Motion By: Seconded: Ferrell Lucas • ^ � Jordan ✓ Reynolds Thiel +0 Cook ✓ I �I Marr Rhoads Mayor Coody City Council Meeting August 2, 20 • Subject: f Motion To: Motion By: Seconded: 8 . ^ I Ferrell ny Lucas r/ I ' Jordan tN � Reynolds hie] Cook ✓ Marr r/ Rhoads Mayor Coody i Subject: / � — rw f Motion To: ted Y Motion By: Seconded: C. �/'w.�- ''�* errell Lucas / IAAA Jordan ✓ 'fff/ Reynolds Thiel ✓ Cook Marr ' Rhoads ✓ W Mayor Coody City Council Meeting August 2, 295 • Subject: rAC Motion To: Q U)Ad out Motion By: Seconded: Ferrell Lucas NJordan Reynolds J Thiel � Cook Marr Rhoads Mayor Coody Subject: Motion To: Motion By: IUIL Seconded: C ll $ Ferrell l• '/ A&A) Lucas &00� F Jordan poo� Reynolds Al Thiel Cook ✓ Marr Rhoads Mayor Coody / City Council Meeting August 2, 2�5 • Subject: _ Motion To: Motion By: Seconded: �y , l ' Ferrell l�/ Lucas l•� Jordan ' Reynolds ✓ Thiel f/ Cook � PMarr t/ I Rhoads itis'- b5 Mayor Coody Subject: Q ,` Motion To: Motion By: Seconded: 64 Ferrell Lucas ✓ �{NVA) Jordan Reynolds n Thiel � (rye G/�•� Cook Marr Rhoads J Mayor Coody 8- � City Council Meeting August 2, 2�5 • Subject: Alt Motion To: �6 d Motion By: Seconded: 6A . Ferrell Lucas � Jordan ,n Reynolds Thiel l Cook 419 Marr r/ q /�/ Rhoads ` Mayor Coody � D . Subject: Motion To: Motion By: Seconded: Ferrell ✓ v Lucas Nio) Jordan s/ bw#UA O' Reynolds l/ Thiel P Cook Marr ✓ 5 Rhoads Mayor Coody City Council Meeting August 2, 20 • Subject: Motion To: Motion By: Seconded: r Ferrell ✓ Lucas �/ ✓ NJordan ✓ MX0 Reynolds Thiel ✓ Cook ✓ Q Marr .i �,p•/,� Rhoads Mayor Coody 9 0 - o Subject: I Motion To: ttA/� Motion By: Seconded: C • / � Ferrell Lucas ✓ AJordan Reynolds ✓ �/ I badTUN ✓ Cook i/ ✓ Marr v Rhoads ( � 'V Mayor Coody City Council Meeting August 2, 25 Subject: 101 (49 Motion To: Motion By: Seconded: p Ferrell Lucas Jordan ✓ 4 � Reynolds ✓ Y Thiel Cook P arr Rhoads ✓ 5 - U5 Mayor Coody Subject: Motion To: Motion By: Seconded: Ferrell Lucas Jordan Reynolds Thiel Cook Marr Rhoads Mayor Coody Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coody Ward I Position 2 - Brenda Thiel City Attorney Kit Williams Ward 2 Position I - Kyle B. Cook Ward 2 Position 2 - Don Marr Cil Clerk Sondra SmithTayveV1 Ward 3 Position I - Robert K. Rhoads Y Ward 3 Position 2 — Robert Ferrell .ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting August 2, 2005 A meeting of the Fayetteville City Council will be held on August 2, 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Recognize Fayetteville High School Bulldog Band: A resolution to recognize the accomplishments of the Fayetteville High School Bulldog Band and proclaim the Fayetteville High School Bulldog Band to be official ambassadors of the City of Fayetteville, Arkansas to the Tournament of Roses Parade in Pasadena, California in 2006. A. CONSENT: 1 . Approval of the July 19, 2005 City Council meeting minutes. 2. Fairlane Apartments Park Land Dedication: A resolution accepting the Parks and Recreation Advisory Board's recommendation to accept approximately 1 .34 acres of land and approximately $ 14,060.00 cash in lieu of the required park land dedication for the Fairlane Apartments. B. UNFINISHED BUSINESS: 1 . Planning Commission Appeal (Dixie Development): An ordinance annexing that property described in ANX 05- 1490 for approximately 24.35 acres located at the northeast comer of Mount Comfort Road and Hughmount Road and zoning such property R-A Residential Agricultural. This item was Left on the Second Reading at the June 21, 2005 City Council meeting. This item was tabled at the July 5, 2005 City Council 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettev i I I e.org 0 meeting until the July 19, 2005 City Council meeting. This item was tabled at the July 19, 2005 City Council meeting until the August 2, 2005 City Council meeting. 2. RZN 05-1491 (Dixie Development): An ordinance rezoning that property described in rezoning petition RZN 05- 1491 for approximately 24.35 acres located at the northeast comer of Mount Comfort and Hughmount Road, from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4 units per acre. This item was Left on the Second Reading at the June 11, 2005 City Council meeting. This item was tabled at the July 5, 2005 City Council meeting until the July 19, 2005 City Council meeting. This item was tabled at the July 19, 1005 City Council meeting until the August 2, 2005 City Council meeting. 3. Planning Commission Appeal (HoudaPro): A request to appeal the Planning Commission's motion to deny rezoning request RZN 05- 1524 rezoning Lots 14, 15 and 16 of the Parker's Plat of Valley View Acres from RSF-4, Residential Single Family, 4 Units Per Acre and R-O , Residential Office, to C-2, Thoroughfare Commercial. This item was tabled at the July 19, 2005 City Council meeting until the August 2, 2005 City Council meeting. 4. Planning Commission Appeal (Rapido Rabbit Carwash): A request to appeal the Planning Commission's motion to deny Administrative request ADM 05-1582 for Rapido Rabbit Carwash located south of Wedington Drive and west of Shiloh Drive. This item was tabled at the July 19, 2005 City Council meeting until the August 2, 2005 City Council meeting. 5. R-PZD 05-1463 (Oakbrooke): An ordinance establishing a residential planned zoning district titled R-PZD 05- 1463, Oakbrooke Phase 1, located west of Rupple Road and east of Bridgeport Subdivision, containing approximately 20.9 acres, amending the Official Zoning Map of the City of Fayetteville; and adopting the associated Residential Development Plan as approved by the Planning Commission. This item was Left on the First Reading at the July 19, 2005 City Council meeting. 6. RZN 05-1546 (Mathias): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1546 for approximately 1 .20 acres located at the northwest corner of Highway 45 and Box Avenue from RSF-4, Residential Single Family, 4 Units Per Acre to R-O, Residential Office. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. 7. RZN 05-1564 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1564 (Mountain Ranch D,F,H,I,J) for approximately 193 .66 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to RSF-2, Residential Single Family, 2 Units Per Acre. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. 8. RZN 05-1563, RZN 05-1566 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1563 (Mountain Ranch C) and RZN 05- 1566 (Mountain Ranch G) for approximately 97.71 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to RSF-4, Residential Single Family 4 Units Per Acre. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettev i l le.org • 9. RZN 05- 1562 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1562 (Mountain Ranch B) for approximately 19.04 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to RMF-24, Residential Multi-Family, 24 Units Per Acre. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. 10. RZN 05- 1561 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1561 (Mountain Ranch A-2) for approximately 27.01 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to C- 1 , Neighborhood Commercial. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. 11 . RZN 05- 1560 (Mountain Ranch): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1560 (Mountain Ranch A- 1 ) for approximately 14.60 acres located south of Persimmon Street and west of Shiloh Drive from R-A, Residential Agricultural to C-2, Thoroughfare Commercial. This item was Left on the Second Reading at the July 19, 2005 City Council meeting. C. NEW BUSINESS: 1 . King Electrical Contractors, Inc. Change Order: A resolution approving a change order to the contract with King Electrical Contractors, Inc. in the amount of $60,000.00 for electrical utility relocation associated with the Mountain Inn Project; and accepting the promise of East Square Development Company, LLC to reimburse the City of Fayetteville in an amount not to exceed $60,000.00. 2. ANX 05- 1580 (Sloan Properties): An ordinance annexing that property described in Annexation Petition ANX 05- 1580 for property located at Hunt Lane, south of Highway 16 East containing 31 .59 Acres. 3. RZN 05- 1581 (Sloan Properties): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1581 for approximately 31 .59 acres located at Hunt Lane, south of Highway 16 east from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4-Units Per Acre. 4. R-PZD 05- 1555 (Oakbrooke Subdivision): An ordinance establishing a Residential Planned Zoning District titled R-PZD 05- 1555, Oakbrooke Phase 11, located west of Rupple Road and east of Bridgeport Phase II, containing approximately 1 1 .5 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the Associated Residential Development Plan as approved by the Planning Commission. 5. VAC 05- 1522 (Springwoods): An ordinance approving VAC 05- 1522 submitted by Patrick Hargus for property located at Highway 112 and Truckers Drive (The Springwoods Planned Zoning District) vacating a utility easement as indicated in the attached map and legal description. 6. Mt. Sequoyah Street Extension: A resolution to make an exception to the policy of not extending streets over Mt. Sequoyah. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) access fayettevi I le.org • 7. Appointment of Negotiation Team for Farmington Sewer System : A resolution to appoint a negotiation team to work with Farmington on the issue of accepting Farmington's Sewer System into the Fayetteville Sewer System and issues related thereto. 8. Solid Waste and Recycling Services-City of Elkins: A resolution authorizing City staff to enter into negotiations with the City of Elkins, Arkansas to provide Solid Waste & Recycling Services to the City of Elkins, Arkansas. 9. Cross, Gunter, Witherspoon & Galchus P.C. Change Order: A resolution to approve an amendment to the contract for professional services with Cross, Gunter, Witherspoon & Galchus, P.C. in an amount not to exceed $50,000.00 to continue representation of the City in the Peter T. Reagan, ET. AL. v. City of Fayetteville lawsuit; and approving a Budget Adjustment. 10. Trail Construction Program Staffing Addition: A resolution authorizing the Transportation Division to hire Nine (9) additional full-time employees (Trail Prep and Trail Concrete Crews); and approving a Budget Adjustment in the amount of $267,936.00 to implement an In-House Trail Construction Program. 11 . Economic Development Fund Grant: A resolution approving an Economic Development Fund Grant in the amount of $54,000.00 to the Northwest Arkansas Aviation Technology Center at the Fayetteville Municipal Airport to Facilitate National Accreditation; and approving a budget adjustment. 12. APAC-Arkansas, Inc. Contract Approval: A resolution awarding a construction contract to APA-Arkansas, Inc., McClinton Anchor Division in the amount of $ 1 , 165,206.00 and approving a change order reducing the contract amount by $486,923.00, to construct the west general aviation apron; approving a 5% project contingency of $29, 130.00; and accepting grants from the FAA and Arkansas Department of Aeronautics. 13. Malty Wagon Road Sewer Service: A resolution to allow extension of sewer service outside the City's corporate limits on a 25 acre parcel on Malty Wagon Road less than a quarter mile from the city limits. 14. Legacy Building Site Easement: A resolution to convey a twenty foot easement for access and to restrict construction of structures around the proposed Legacy building on the site of the demolished Shutertown Market building. 15. Razorback Road Utility Relocation: A resolution to approve the Arkansas State Highway Commission' s highway utility construction/relocation agreement for the widening of Razorback Road in the amount of $313,671 .00 and approving a budget adjustment in the amount of $ 1 ,704,471 .00. 16. Wedington Drive Utility Relocation: A resolution to approve the Arkansas State Highway Commission's highway utility construction/relocation agreement for the widening of Wedington Drive from Rupple Road to Double Springs Road in the approximate amount of $445,793 .70 and approving a budget adjustment in the amount of $ 1 ,679,294.00. 113 Wes( Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayet(ev i I le.org