HomeMy WebLinkAbout2005-09-06 - Agendas - Final Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody i Ward I Position 2 - Brenda Thiel
City Attorney Kit Williams
e
� Ward 2 Position 1 - Kyle B. Cook
Ward 2 Position 2 - Don Marr
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra Smithile TayveWard 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
September 6, 2005
A meeting of the Fayetteville City Council will be held on September 6, 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
Presentation of the Final Check for Blair Library Construction given by Louis Gottsponer,
President, Library Board of Trustees and Louise Schaper, Executive Director.
A. CONSENT:
1 . Approval of the August 2, 2005 and the August 16, 2005 City Council Meeting
Minutes.
APPROVED,
2. Arkansas Parks and Tourism Outdoor Recreation Grant: A resolution authorizing
the Fayetteville Parks and Recreation Division to accept an Arkansas Parks and Tourism
Outdoor Recreation Grant in the amount of $40,000.00 for the Braden Park Project; and
approving a budget adjustment recognizing the grant revenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 167-05,
3. Braden Park Contract Award: A resolution approving a contract with Midland
Construction, Inc. in the amount of $ 109,962.00 for the construction of Braden Park;
approving a 10% project contingency in the amount of $ 10,996.00; and approving a
budget adjustment in the amount of $20, 178.00 for same.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 168-05,
4. University of Arkansas Cost Share Agreement: A resolution approving a cost-share
agreement with the University of Arkansas in an amount not to exceed $40,000.00 from
the Economic Development Fund to obtain engineering services related to the continued
development of the Arkansas Research and Technology Park (ARTP).
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 169-05,
5. McClelland Consulting Engineers Task Order No. 11 : A resolution approving Task
Order No. 11 with McClelland Consulting Engineers in the amount of $31 , 150.00 for
detailed architectural and engineering design for the Phase I renovation of the terminal
building at the Fayetteville Municipal Airport.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO.170-05.
6. Cinnabar Service Company Easement Negotiation: A resolution to approve an
additional $42,000.00 for Cinnabar Service Company for easement negotiation assistance
for the Wastewater System Improvement Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 171-05.
7. ADM 05-1662 Master Street Plan Amendment for Shiloh Drive: A resolution
amending the Master Street Plan, reclassifying Shiloh Drive south of Joyce Boulevard,
north of Mud Creek from a collector street to a local street in the manner recommended
by the Planning Commission for Large Scale Development (LSD) 05- 1593 .
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 172-05,
8. APAC Change Order Amendment: A resolution rescinding the change order
contained in Resolution No. 155-05 and approving a revised change order to the
construction contract with APAC Arkansas, Inc., McClinton Anchor Division reducing
the contract amount by $278,481 .85 .
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-05.
9. Floyd S. Salser Jr. & Associates Water Meter Testing Purchase: A resolution
awarding Bid 405-52 to Floyd S. Salser, Jr. & Associates in the amount of $ 161 ,590.00
for the purchase of a meter test bench for testing and repairing water meters; and
approving a contingency in the amount of $8,000.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-05.
10. Razorback Road W&S Relocations Project Amendment #1 : A resolution approving
Amendment #1 to the contract with McClelland Consulting Engineers, Inc. in an amount
not to exceed $ 116,960.00 for final design, bidding, construction administration, and
resident services during construction for water and sewer relocation for highway
improvements to Razorback Road.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-05,
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11. Wedington Drive W&S Relocations Project Amendment #1 : A resolution approving
Amendment #1 to the contract with McClelland Consulting Engineers, Inc. in an amount
not to exceed $ 145,793 .00 for final design, bidding, construction administration, and
resident services during construction for water and sewer relocation for highway
improvements to Wedington Drive.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 176-05,
B. UNFINISHED BUSINESS:
1. Amend § 96.05 Motor Vehicle and Motorcycle Sound Limit: An ordinance to amend
§ 96.05 Motor Vehicle and Motorcycle Sound Limit of the Code of Fayetteville. This
ordinance was left on the second reading at the May 3, 2005 City Council meeting.
This item was tabled at the May 17, 2005 City Council meeting until the September 6,
2005 City Council Meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4747,
2. Mally Wagnon Road Sewer Service: A resolution to allow extension of sewer service
outside the City's corporate limits on a 25 acre parcel on Mally Wagnon Road less than a
quarter mile from the city limits. This item was tabled at the August 2, 2005 City
Council meeting until the September 6, 2005 City Council Meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 177-05,
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 at the August 2, 2005 City Council meeting
until the August 16, 2005 City Council Meeting. This item was tabled at the August 16,
2005 City Council meeting until the September 6, 2005 City Council Meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4748,
4, R-PZD 05-1463 (Oakbrooke Subdivision): 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. This item
was left on the second reading at the August 2, 2005 City Council meeting. This item
was left on the third reading at the August 16, 2005 City Council meeting. This item
was tabled at the August 16, 2005 City Council meeting until the September 6, 2005
City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4749,
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5. 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 left on the second reading at the August 2, 2005 City Council meeting.
This item was left on the second reading at the August 16, 2005 City Council meeting.
This item was tabled at the August 16, 2005 City Council meeting until the September
6, 2005 City Council meeting
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4750,
6. Hay Group Salary and Benefits Survey Contract: An ordinance waiving the
requirements of formal competitive bidding; and approving a contract with Hay Group,
Inc. in the amount of $28,000.00 to accomplish the Salary and Benefits Survey Project;
and approving a travel contingency not to exceed $ 1 ,600.00. This item was left on the
first reading at the August 16, 2005 City Council meeting.
THIS ITEM WAS TABLED INDEFINITELY.
7. HMR Tax Revision: An ordinance amending §§ 35 . 19 & 35 .30 to change the definition
of concession stands as it pertains to the collection of HMR tax. This item was left on the
first reading at the August 16, 2005 City Council meeting. This item was forwarded to
the Ordinance Review Committee.
THIS ITEM WAS TABLED INDEFINITELY.
C. NEW BUSINESS:
Added at City Council Meeting: Firemen's Lawsuit Settlement: A resolution to
approve the settlement agreement with the Plaintiffs in the Peter T. Reagan, et al v.
City of Fayetteville, Federal District Court Civil Case No. 05-5045 .
THIS ITEM WAS BROUGHT FORWARDAT THE REQUEST OF THE CITY
ATTORNEY, KIT WILLIAMS, THE RESOLUTION PASSED AND SHALL BE
RECORDED AS RESOLUTION NO, 178-05.
Added at the City Council Meeting: Hurricane Katrina Funds: A resolution
authorizing the use of up to $ 100,000.00 from the Replacement & Disaster Recovery
Fund for use in collecting and distributing aid to Hurricane Katrina survivors; and the use
of 1851 East Huntsville Road (Mexican Original Bldg) as a disaster Relief Collection and
Distribution Center; approving a budget adjustment in the amount of $ 100,000.00
recognizing grant revenue from the Federal Emergency Management Agency (FEMA);
and declaring an emergency.
THIS ITEM WAS BROUGHT FORWARD AT THE REQUEST OF FINANCIAL
SERVICES DIRECTOR, STEVE DAVIS, THE RESOLUTION PASSED AND
SHALL BE RECORDED AS RESOLUTION NO. 179-05,
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Added at the CiAouncil Meeting: Taxicab Fee Adjustment: An ordinance
amending Title XI: Chapter 117, Article IV: Taxicabs, of the Code of Fayetteville to
allow for a fuel surcharge; and declaring an emergency.
THIS ITEM WAS BROUGHT FORWARD AT THE REQUEST OF FINANCIAL
SERVICES DIRECTOR, STEVE DAVIS, THE RESOLUTION PASSED AND
SHALL BE RECORDED AS ORDINANCE NO, 4751,
1. Walker House Demolition: A resolution to authorize bids and approve the lowest
qualified bid received for the demolition and disposal of the Walker House located at 901
South College Avenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 180-05.
2. Amend § 34.27 Sale of Municipally Owned Real Property: An ordinance amending §
34.27, Code of Fayetteville to exempt the dedication of real property to the Arkansas
State Highway Commission from the requirements of the ordinance; and declaring an
emergency.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4752,
3. Razorback Road (Hwy 112) Widening Project: A resolution approving the sale of 3
parcels of land (approximately 18,441 square feet total) to the Arkansas State Highway
Commission for right-of-way associated with the Razorback Road widening for a total
purchase price of $34,475.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-05,
4. Gregg Avenue (Hwy 180) Widening Project: A resolution approving the transfer of 2
parcels of land (approximately 12,614 square feet total) to the Arkansas State Highway
Commission for right-of-way associated with the Gregg Avenue Widening.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-05,
5. Amend § 166.05 Large Scale Development (LSD): An ordinance to clarify that the
miscellaneous requirements for large scale developments found in § 166.05 (C) (6) and
(7) also apply to preliminary plats.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4753.
6. ANX 05-1628 (Lamberth-Carlton): An ordinance annexing that property described in
Annexation Petition ANX 05- 1628 for property located east of Deadhorse Mountain
Road, containing 13 .00 acres.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4754.
7. RZN 05-1629 (Dixie Development): An ordinance rezoning that property described in
rezoning petition RZN 05- 1629 for approximately 8.8 acres located at Lot 12 CMN
Business Park, northwest of the Van Asche and Mall Avenue intersection from R-O
Residential-Office to C-2, Thoroughfare Commercial.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4755,
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8. RZN 05-1696 (Staggs): An ordinance rezoning that property described in rezoning
petition RZN 05- 1696 for approximately 0.68 acres located at 2824 S School Avenue
from C-2, Thoroughfare Commercial to R-O, Residential Office.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4756,
9. ADM 05-1656 Adoption of the Downtown Master Plan Street Classification System :
A resolution amending the Master Street Plan and the General Plan 2020 to adopt the
Downtown Master Plan Street Classification System and cross sections as proposed by
Dover Kohl and Associates.
PASSED AND SHALL BE RECORED AS RESOLUTION NO, 183-05.
10. Adoption of § 161.08 District RSFH-8: An ordinance amending Title XV: Unified
Development Code, of the Code of Fayetteville, to provide a new Residential Zoning
District.
THIS ITEM TABLED INDEFINITELY.
11. Amend § 166.08 Design Standards: An ordinance to amend § 166.08 Design Standards
by adding a new subsection to Section (F) Residential Lots.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4757.
12. Taxicab Fee Adjustment Reconsideration: An ordinance amending Title XI: Chapter
117, Article IV: Taxicabs, of the Code of Fayetteville to allow for a fuel surcharge; and
declaring an emergency.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4751,
D. INFORMATIONAL:
1. Council Tour: NONE
Meeting adjourned at 10:30 p.m.
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Special City Council Meeting SeptAer 6, 2005 •
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Special City Council Meeting Septaer 6, 2005 •
Subject: 2 Z /v — 6 E " /& o? T
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Mayor Coody
Special City Council Meeting Septaer 6, 2005 •
Subject:
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Special City Council Meeting Septaer 6, 2005 •
Subject:
Motion To: ;�L KJ 3d-Lo fl^ l
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Mayor Coody
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Mayor Coody
Aldermen
Wad 1 Position I - Robert Reynolds
Mayor Dan Coody . Wad 1 Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position 1 - Kyle B. Cook
y y Ward 2 Position 2 - Don Marr
Ward 3 Position I - Robert K.
Tayve City Clerk Sondra Smith �jv Wad 3 Position 2 — Robert Ferrellads
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
September 6, 2005
A meeting of the Fayetteville City Council will be held on September 6, 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
Presentation of the Final Check for Blair Library Construction given by Louis Gottsponer,
President, Library Board of Trustees and Louise Schaper, Executive Director.
A. CONSENT:
1 . Approval of the August 2, 2005 and the August 16, 2005 City Council Meeting
Minutes.
2. Arkansas Parks and Tourism Outdoor Recreation Grant: A resolution authorizing
the Fayetteville Parks and Recreation Division to accept an Arkansas Parks and Tourism
Outdoor Recreation Grant in the amount of $40,000.00 for the Braden Park Project; and
approving a budget adjustment recognizing the grant revenue.
3. Braden Park Contract Award: A resolution approving a contract with Midland
Construction, Inc. in the amount of $ 109,962.00 for the construction of Braden Park;
approving a 10% project contingency in the amount of $ 10,996.00; and approving a
budget adjustment in the amount of $20, 178.00 for same.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
4. University of Arkansas Cost Share Agreement: A resolution approving a cost-share
agreement with the University of Arkansas in an amount not to exceed $40,000.00 from
the Economic Development Fund to obtain engineering services related to the continued
development of the Arkansas Research and Technology Park (ARTP)
5. McClelland Consulting Engineers Task Order No. 11 : A resolution approving Task
Order No. 11 with McClelland Consulting Engineers in the amount of $31 , 150.00 for
detailed architectural and engineering design for the Phase 1 renovation of the terminal
building at the Fayetteville Municipal Airport.
6. Cinnabar Service Company Easement Negotiation: A resolution to approve an
additional $42,000.00 for Cinnabar Service Company for easement negotiation assistance
for the Wastewater System Improvement Project.
7. ADM 05-1662 Master Street Plan Amendment for Shiloh Drive: A resolution
amending the Master Street Plan, reclassifying Shiloh Drive south of Joyce Boulevard,
north of Mud Creek from a collector street to a local street in the manner recommended
by the Planning Commission for Large Scale Development (LSD) 05- 1593 .
8. APAC Change Order Amendment: A resolution rescinding the change order
contained in Resolution No. 155-05 and approving a revised change order to the
construction contract with APAC Arkansas, Inc., McClinton Anchor Division reducing
the contract amount by $278,481 .85.
9. Floyd S. Salser Jr. & Associates Water Meter Testing Purchase: A resolution
awarding Bid #05-52 to Floyd S. Salser, Jr. & Associates in the amount of $ 161 ,590.00
for the purchase of a meter test bench for testing and repairing water meters; and
approving a contingency in the amount of $8,000.00.
10. Razorback Road W&S Relocations Project Amendment #1 : A resolution approving
Amendment 41 to the contract with McClelland Consulting Engineers, Inc. in an amount
not to exceed $ 116,960.00 for final design, bidding, construction administration, and
resident services during construction for water and sewer relocation for highway
improvements to Razorback Road.
11 . Wedington Drive W&S Relocations Project Amendment #1 : A resolution approving
Amendment # 1 to the contract with McClelland Consulting Engineers, Inc. in an amount
not to exceed $ 145,793 .00 for final design, bidding, construction administration, and
resident services during construction for water and sewer relocation for highway
improvements to Wedington Drive.
B. UNFINISHED BUSINESS:
1 . Amend § 96.05 Motor Vehicle and Motorcycle Sound Limit: An ordinance to amend
§ 96.05 Motor Vehicle and Motorcycle Sound Limit of the Code of Fayetteville. This
ordinance was left on the second reading at the May 3, 2005 City Council meeting.
This item was tabled at the May 17, 2005 City Council meeting until the September 6,
2005 City Council Meeting.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayettevil le.org
2. Mally Wagnon Road Sewer Service: A resolution to allow extension of sewer service
outside the City's corporate limits on a 25 acre parcel on Mally Wagnon Road less than a
quarter mile from the city limits. This item was tabled at the August 2, 2005 City
Council meeting until the September 6, 2005 City Council Meeting.
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 at the August 1, 2005 City Council meeting
until the August 16, 2005 City Council Meeting. This iters was tabled at the August 16,
2005 City Council meeting until the September 6, 2005 City Council Meeting.
4. R-PZD 05- 1463 (Oakbrooke Subdivision): 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 an the first reading at the July 19, 1005 City Council meeting. This item
was left on the second reading at the August 2, 2005 City Council meeting. This item
was left on the third reading at the August 16, 2005 City Council meeting. This item
was tabled at the August 16, 2005 City Council meeting until the September 6, 1005
City Council meeting.
5. R-PZD 05- 1555 (Oakbrooke Subdivision): An ordinance establishing a Residential
Planned Zoning District titled R-PZD 05- 1555, Oakbrooke Phase Il, located west of
Rupple Road and east of Bridgeport Phase 11 , 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 left on the second reading at the August 2, 2005 City Council meeting.
This item was left on the second reading at the August 16, 2005 City Council meeting.
This item was tabled at the August 16, 2005 City Council meeting until the September
6, 2005 City Council meeting.
6. Hay Group Salary and Benefits Survey Contract: An ordinance waiving the
requirements of formal competitive bidding; and approving a contract with Hay Group,
Inc. in the amount of $28,000.00 to accomplish the Salary and Benefits Survey Project;
and approving a travel contingency not to exceed $ 1 ,600.00. This item was left on the
first reading at the August 16, 2005 City Council meeting.
7. HMR Tax Revision : An ordinance amending § § 35. 19 & 35.30 to change the definition
of concession stands as it pertains to the collection of HMR tax. This item was left off the
first reading at the August 16, 2005 City Council meeting. This item was forwarded to
the Ordinance Review Committee.
C. NEW BUSINESS:
1 . Walker House Demolition : A resolution to authorize bids and approve the lowest
qualified bid received for the demolition and disposal of the Walker House located at 901
South College Avenue.
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2. Amend § 34.27 Sale of Municipally Owned Real Property: An ordinance amending §
34.27, Code of Fayetteville to exempt the dedication of real property to the Arkansas
State Highway Commission from the requirements of the ordinance; and declaring an
emergency.
3. Razorback Road (Hwy 112) Widening Project: A resolution approving the sale of 3
parcels of land (approximately 18,441 square feet total) to the Arkansas State Highway
Commission for right-of-way associated with the Razorback Road widening for a total
purchase price of $34,475.00.
4. Gregg Avenue (Hwy 180) Widening Project: A resolution approving the transfer of 2
parcels of land (approximately 12,614 square feet total) to the Arkansas State Highway
Commission for right-of-way associated with the Gregg Avenue Widening.
5. Amend § 166.05 Large Scale Development (LSD): An ordinance to clarify that the
miscellaneous requirements for large scale developments found in § 166.05 (C) (6) and
(7) also apply to preliminary plats.
6. ANX 05-1628 (Lamberth-Carlton): An ordinance annexing that property described in
Annexation Petition ANX 05- 1628 for property located east of Deadhorse Mountain
Road, containing 13 .00 acres.
7. RZN 05-1629 (Dixie Development): An ordinance rezoning that property described in
rezoning petition RZN 05- 1629 for approximately 8.8 acres located at Lot 12 CMN
Business Park, northwest of the Van Asche and Mall Avenue intersection from R-O
Residential-Office to C-2, Thoroughfare Commercial.
8. RZN 05-1696 (Staggs): An ordinance rezoning that property described in rezoning
petition RZN 05- 1696 for approximately 0.68 acres located at 2824 S School Avenue
from C-2, Thoroughfare Commercial to R-O, Residential Office.
9. ADM 05-1656 Adoption of the Downtown Master Plan Street Classification System:
A resolution amending the Master Street Plan and the General Plan 2020 to adopt the
Downtown Master Plan Street Classification System and cross sections as proposed by
Dover Kohl and Associates.
10. Adoption of § 161 .08 District RSFH-8: An ordinance amending Title XV: Unified
Development Code, of the Code of Fayetteville, to provide a new Residential Zoning
District.
11 . Amend § 166.08 Design Standards: An ordinance to amend § 166.08 Design Standards
by adding a new subsection to Section (F) Residential Lots.
D. INFORMATIONAL:
I . Council Tour: NONE
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• • City Council Meeting Minutes
August 2, 2005
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Aldermen
Ward I Position 1 - Robert Reynolds
Mayor Dan Coody Ward I Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook
City y Ward 2 Position 2 - Don Marr
Ward 3 Position 1 - Robert K. Rhoads
City Clerk Sondra Smith Tayve ic Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position 1 - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
City Council
Meeting Minutes
August 2, 2005
A meeting of the Fayetteville City Council was held on August 2, 2005 at 6:00 PM in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Mayor Coady called the meeting to order.
PRESENT: Alderman Reynolds, Thiel, Cook, Marr, Rhoads, Ferrell, Lucas, Jordan,
Mayor Coody, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and
Audience.
Pledge of Allegiance
Mayor Coody presented Barry Harper a proclamation recognizing the Fayetteville High School
Bulldog Band as official ambassadors of the City of Fayetteville, Arkansas to the Tournament of
Roses Parade in Pasadena, California in 2006.
Barry Harper thanked the Mayor and the City.
Alderman Ferrell moved to move New Business #6, Mount Sequoyah Street Extension, to
the front of the agenda. Alderman Reynolds seconded the motion. Upon roll call the
motion passed unanimously.
Mt. Sequoyah Street Extension: A resolution to make an exception to the policy of not
extending streets over Mt. Sequoyah.
Alderman Ferrell: The developer had a press conference last week and I have communicated
with people. What I had indicated was that I would ask tonight that this be tabled indefinitely.
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City Council Meeting Minutes
August 2, 2005
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Alderman Ferrell moved to table this resolution indefinitely. Alderman Lucas seconded
the motion.
Tom Hennelly, H2 Engineering: The resolution that was passed in 1996 requires that we bring
any type of request like this to the Council and it was difficult to get it on the agenda. I would
like to thank Alderman Ferrell for stepping up to the plate for us, even though he may have
opposed the ideal itself, he was willing to allow us to come before you and at least give us a
chance. I do appreciate Alderman Thiel and Reynolds and their help, although they adamantly
opposed this, I understand their support of their Ward.
A week ago we had a meeting with the neighborhood association and there were some things that
were brought up during that, that I think need a little clarification. The Mayor was enthusiastic
about this project in that there was a 30 acre land donation associated with it, which he was a big
proponent for. He made it perfectly clear to me, crystal clear, that he was in opposition of a
connection over the mountain. Through his department heads in engineering and planning he
tried to discourage us from doing this, but I can be bull headed at times. I do think, and still
think that the merits of this project, as a whole, with the land donation, the density and the tree
preservation that are incorporated in it were far over shadowed by this one issue. We have
revised the plat to remove that. I appreciate your time. Thank you.
Mayor Coody: Thanks Tom. I appreciate your statement because I was getting blasted for
being supportive of this when that was the opposite of the truth. Thanks for your statements.
Alderman Thiel: Mayor, the neighborhood up there has indicated to me that they would prefer
that we actually vote this proposal down, or reject the proposal. They would just feel more
comfortable with us doing that, it would be making a statement that this Council is still very
supportive of the original resolution. Tabling indefinitely they do not feel like it makes a strong
enough statement. They are also concerned that we are just basically tabling this indefinitely; we
are not voting it down. So, I will vote against the motion to table this indefinitely.
Mayor Coody: In order to save some time would you consider amending your motion?
Alderman Ferrell: What does table indefinitely mean?
Mayor Coody: It means that it goes away basically.
Kit Williams: Well, it doesn' t go away, it goes to the table and stays on the table until someone
brings it off the table.
Mayor Coody: Yes. But if it is tabled indefinitely it takes a long while to come back up.
Alderman Ferrell: Have we ever had anything come back from being tabled indefinitely?
Kit Williams: I think we actually have. We have tabled a raze and removal indefinitely, I think
before and when we didn't get enough action on it we brought it back, if I remember right.
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Some people say it is the same thing as killing a motion, to table it indefinitely; it is not exactly
the same. Even if you vote this down, someone else could bring a new resolution forward.
Alderman Ferrell: I guess go ahead.
Mayor Coolly: We have a motion on the floor.
Alderman Lucas: Can we not just vote on that motion.
Victoria Sowder, a Resident: Thank you Mr. Mayor and ladies and gentlemen of the City
Council . I just wanted to say I appreciate very much the Barbar Group and H2 Engineering
being sensitive to the concerns that were voiced very vocally by our established Mount Sequoyah
neighborhoods. I am grateful also to be asked by my neighbors to say thanks to the City Council
members who have been supportive of Resolution 19-96. I can say most definitely, representing
our four neighborhood associations that they would feel much better if this was shown
historically as being defeated, rather than simply tabled indefinitely. I will say also that my
neighbors and 1 look forward to working with H2 Engineering and the Barbar Group to develop
our input into their plans for a very nice neighborhood, that would serve as a great compliment to
our historic and established neighborhoods, in a very non-connected physically way. Thank you
very much.
Mayor Coody: We really appreciate the opportunity for the 30 acre contribution of the 40 acres
that we have so long sought for the City. This is going to make quite an addition to the park on
Mount Sequoyah. That would make it 97 acres right in the heart of town of beautiful woods.
We appreciate that contribution very much.
Upon roll call the motion passed 5-3. Alderman Ferrell, Lucas, Reynolds, Cook and
Rhoads voting yes. Alderman Jordan, Thiel and Marr voting no.
This resolution 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.
Alderman Ferrell moved to approve the resolution. Alderman Marr seconded the motion.
Upon roll call the resolution passed unanimously.
Resolution 148-05 Recorded in the Office of the City Clerk.
Alderman Jordan asked if it was possible to move the two Oakbrooke items together, one after
the other on the agenda.
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City Council Meeting Minutes
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Kit Williams: You certainly can with a suspension of the rules; you can move things around on
the agenda if you want to, just like we did on the Mount Sequoyah resolution. If the other
Aldermen agree with you then certainly you can do that.
Alderman Thiel: Do you want to move them both to New Business.
Alderman Jordan : Yes, or we can do them both on Old Business, it doesn't matter. I just
thought you are going to hear one then it will be a while and you will hear another one.
Alderman Jordan moved to move New Business #4 R-PZD 05-1555 (Oakbrooke
Subdivision) below Unfinished Business #5 R-PZD 05-1463 (Oakbrooke). Alderman Lucas
seconded the motion. Upon roll call the motion passed unanimously.
CONSENT:
Approval of the July 19, 2005 City Council meeting minutes.
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 S 14,060.00 cash in lieu of the required park land dedication for the Fairlane
Apartments.
Resolution 149-05 Recorded in the Office of the City Clerk
Alderman Jordan moved to approve the Consent Agenda. Alderman Marr seconded the
motion. Upon roll call the motion passed unanimously.
UNFINISHED BUSINESS :
Planninu 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.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Marr seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Jeremy Pate, Director of Current Planning: The applicant has submitted documentation
indicating that the island that was being created, which was the basis for the recommendation for
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City Council Meeting Minuses
August 2, 2005
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denial from staff and Planning Commission, documentation has been submitted to the County to
annex that three acre tract as well so that will not be creating an island. That will be before you a
couple of agendas from now, as soon as it gets through the County process.
Pam Jones, Dixie Development: We have really worked hard to annex in this three acres, we
appreciate your patience regarding that. It did take a lot of effort. We hope that you will
consider our request for annexation. 1 can answer any questions that you might have.
Alderman Thiel: I would like to make a statement about annexations in general. I guess if I
believed that if we quit annexing property, that it would stop growth and sprawl, then 1 probably
would not support annexations, but I don't think that is the case. I think this is a project that I
think is important that it is part of the City. I think the developer will do improvements to the
main streets, build to City standards and the sewer will go into our sewer system. So, I do
support this annexation. I do think we are going to have to start looking a little closer at our
annexations until we determine how soon we are going to get our treatment plant. I will support
this.
Alderman Lucas: I am very grateful that you were able to bring forward this island and I
appreciate the efforts you went through to do that. It would have been very difficult for me to
support it if it had been an island.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed 7-1 .
Alderman Ferrell, Lucas, Jordan, Reynolds, Thiel, Marr and Rhoads voting yes.
Alderman Cook voting no.
Ordinance 4732 as Recorded in the Office of the City Clerk.
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.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Marr seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Alderman Jordan : How many units is this going to be.
Jeremy Pate: If it was developed to maximum density it would be about 97 units, what we are
seeing is an average of somewhere between 2.6 and 3 .0 dwelling units per acre. When this
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subdivision develops, dedicates right of way and park land, this would be between 60 and 70 if
that were the plan.
Alderman Jordan : Which lift station will be affected by this?
Jeremy Pate: I believe the sewer would drain toward the Hamestring lift station.
Alderman Jordan : How many units are left on the Hamestring lift station right now?
Ron Petrie, City Engineer: We have been waiting on the report from RJN to give us those
numbers. We had a meeting with them today to discuss the preliminary numbers. According to
them there are approximately 400 units remaining in these two basins, Hamestring and Owl
Creek, 400 in each basin.
Alderman Jordan : We have been under the assumption that it was about 1 ,200 units but it is
actually 400.
Ron Petrie: That's right. We will get the final report this Friday and we will share that with the
Water & Sewer Committee.
Alderman Jordan : Would you consider that a concern?
Ron Petrie: Sure, it is a concern. We have laid out an action plan, in this basin, back in May to
the Water & Sewer Committee. 400 are going to make it critical that we move ahead with our
last two action items, which is to determine a cost effective solution. There are several which
will be paid mainly by developers within these basins. We want to bring an assessment district
to the City Council . We are hoping to get that to the Council in September to address additional
capacity in these basins.
Alderman Jordan : So we do need to address that situation with an assessment district.
Ron Petrie: It is critical that we address it quickly. It is not at the point that it is an emergency,
but it will be soon.
Alderman Thiel: Once the capacity of both these lift stations is determined, if we do go ahead
and approve this zoning at 4 units per acre, the staff will be basing the large scale developments
that come through on a first come first serve as to that capacity. So, at any point when that
capacity has been reached I am assuming staff will let us know unless we do get something in the
works before that time. So, regardless of how we make a decision on this, there is still going to
be that determination made by the staff.
1 really appreciate Lioneld and the entire Water & Sewer Committee really pushing that this be
determined so staff will know where we are at.
Ron Petrie: We will count these off when the developments get approved at Planning
Commission, when we actually have real new lots. 400 is your worst case scenario. You have to
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look at the lots that we have already counted off that will not come on line for another two to
three years. Hopefully if everything goes as planned we will have a solution and we will have a
fix in place and be able to make some type of assessment to whoever develops in these basins, so
that it is being paid totally by private development and not the City.
Mayor Coody: That doesn't mean that we can only have 400 more homes for those that have
plans in the works because it takes three years to go from approval of a subdivision to basically
having someone move into a house. So everything is counted almost three years in advance at
this point.
Ron Petrie: That' s right. Everything has been approved but is still under construction at this
time so you have lots that have been taken out of the capacity that will take three years from
today before someone is actually flushing toilets.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4733 as Recorded in the Office of the City Clerk.
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.
Alderman Marr: The applicant contacted me and asked that we table this for two weeks until
the next Council meeting. They are in the process of working on a Bill of Assurance to address
some concerns that have been expressed. Due to personal situations they had to be out of town
tonight.
Alderman Marr moved to table this appeal to the August 16, 2005 City Council meeting.
Alderman Cook seconded the motion. Upon roll call the motion passed unanimously.
This appeal was tabled to the August 2, 2005 City Council meeting.
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, 1005 City Council meeting until the August 2, 2005 City Council meeting.
Jeremy Pate: Staff received a letter from the applicant today asking us to withdraw this item
from the agenda.
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