HomeMy WebLinkAbout2006-04-04 - Agendas - Final 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
arr
Ward 2 Position 2 - Don M
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra SmithTayve 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
April 4, 2006
A meeting of the Fayetteville City Council will be held on April 4, 2006 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
A. CONSENT:
1. Approval of the March 7, 2006, March 21, 2006 and the March 28, 2006 City
Council meeting minutes.
APPROVED MARCH 7 AND 28, 2006 MINUTES. THE MINUTES FOR MARCH
21 , 2006 WERE PULLED.
2. Power Curbers, Inc.: A resolution approving the purchase of one ( 1 ) Power Curber
Model 5700 Super—B Slip Form Paving Machine from Power Curbers, Inc. in the amount
of $ 176,500.00; and approving a budget adjustment to move the funds to Fleet Expense
Account.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 60-06,
3. Cobblestone Subdivision Park Land Dedication Waiver: A resolution accepting the
Parks and Recreation Advisory Board's recommendation to accept $ 108,780.00 cash in
lieu of the required Park Land Dedication for Cobblestone Subdivision.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 61-06,
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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0 0
4. Wedington Circle Park Land Dedication Waiver: A resolution accepting the Parks
and Recreation Advisory Board's recommendation to accept $ 116,328.00 cash in lieu of
the required Park Land Dedication for the Wedington Circle Development.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 62-06,
5. ADM 06-2002 Crossover Road/HWY 265 ROW Variance: A resolution to vary the
Master Street Plan's dedication requirements for Highway 265 in connection with the
construction of Fire Station #5 .
THIS ITEM WAS PULLED FROM THE CONSENT AGENDA FOR
DISCUSSION.
6. Off-Street Parking Development Renewal Lease Agreement: A resolution approving
renewal of the Lease Agreement with Off-Street Parking Development District No. 1 for
the City of Fayetteville to operate certain off-street parking lots.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 63-06,
7. Cherokee Nation Contract: A resolution awarding a contract to the Cherokee Nation to
provide the combined services of receiving, handling, hauling and disposing of municipal
residential and commercial waste at the City of Fayetteville's Transfer Station.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 64-06,
DISCUSSION:
1, ADM 06-2002 Crossover Road/HWY 265 ROW Variance: A resolution to vary the
Master Street Plan' s dedication requirements for Highway 265 in connection with the
construction of Fire Station #5.
THIS ITEM WAS MOVED FROM THE CONSENT AGENDA, PASSED AND
SHALL BE RECORDED AS RESOLUTION NO, 65-06.
2. VAC 06-2005 (Alt/Herget): An ordinance approving VAC 06-2005 submitted by
Sheree Alt for property located at Lot 75 of Covington Park Subdivision; vacating a
portion of the utility easement along Township Street.
THIS ITEM WAS BROUGHT ON BY ALDERMAN FERRELL AND ADDED AT
THE CITY COUNCIL MEETING, PASSED AND SHALL BE RECORDED AS
ORDINANCE NO, 4849,
B. UNFINISHED BUSINESS:
1 , ADM 05-18419 05-18429 05-1879 Hillside Overlay District: An ordinance amending
Title XV: Unified Development Code of the City of Fayetteville to amend various
sections of the code in order to implement hillside preservation and protection, establish a
Hillside Overlay District Zoning Boundary and map, and adopt and Hillside Overlay
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayweville.org
District Best Management Practices Manual. This ordinance was left on the First
Reading at the February 7, 2006 City Council Meeting. This ordinance was left on the
Second Reading at the February 21, 2006 City Council Meeting and was Tabled to the
April 4, 2006 City Council Meeting.
THIS ITEM WAS TABLED TO THE APRIL 18, 2006 CITY COUNCIL
MEETING.
2. RZN 06-1868 Chambers: An ordinance rezoning that property described in rezoning
petition RZN 06-1868 for approximately .20 acres located at 347 North Willow Avenue
from RSF-4 Residential Single-Family, 4 units per acre to RSF-8, Residential Single-
Family, 8 units per acre. This ordinance was left on the Second Reading at the
February 7, 2006 City Council Meeting. This ordinance was Tabled at the February
21, 2006 City Council Meeting to the March 7, 1006 City Council Meeting. This
ordinance was Tabled at the March 7, 2006 City Council Meeting to the March 21,
2006 City Council Meeting. This ordinance was Tabled at the March 21, 2006 City
Council Meeting to the April 4, 2006 City Council Meeting.
THIS ITEM WAS TABLED TO THE APRIL 18, 2006 CITY COUNCIL
MEETING.
3. R-PZD 06-1883 Abshier Heights: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 06- 1883, Abshier Heights, located south of Evelyn Hills
Shopping Center on Abshier and Hillcrest, containing approximately 4. 11 acres;
amending the Official Zoning Map of the City of Fayetteville; and adopting the
Associated Master Development Plan. This ordinance was left on the First Reading at
the March 7, 2006 City Council meeting. This ordinance was left on the Second
Reading at the March 21, 2006 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4850,
4. Amend § 163.14; Wireless Communication Facilities: An ordinance to amend
§ 163 . 14 Wireless Communication Facilities of the Unified Development Code. This
ordinance was left on the First Reading at the March 7, 2006 City Council meeting.
This ordinance was left on the Second Reading at the Martie 21, 2006 City Council
meeting.
THIS ITEM WAS TABLED TO THE APRIL 18, 2006 CITY COUNCIL
MEETING.
5. ANX 06-1935 Fletcher Williams Appeal: An ordinance annexing that property
described in Annexation Petition ANX 06- 1935 (CC2005-54), for property located at 354
and 370 Double Springs Road, containing approximately 9.70 acres. This ordinance was
left on the Second Reading at the March 21, 2006 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4851.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
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6. RZN 06-1936 Fletcher Williams Appeal: An ordinance rezoning that property
described in Rezoning Petition RZN 06- 1936, for approximately 9.70 acres, located at
354 and 370 Double Springs Road, from R-A, Residential Agricultural to RMF-6
Residential Multi-Family, 6 units per acre, subject to a Bill of Assurance. This ordinance
was left on the Second Reading at the March 21, 2006 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4852,
C. NEW BUSINESS:
1. RZN Abshier Heights: An ordinance rezoning that property located west of Hillcrest
Avenue, east of Evelyn Hills Shopping Center and north of Abshier Drive containing
approximately 3 .5 acres from C-2, thoroughfare commercial to RSF-4, Residential Single
Family, 4 units per acre.
THIS ITEM WAS TABLED INDEFINITELY.
2. Upper White River LLC, Cost Share: An ordinance waiving the requirements of
formal competitive bidding and approving a cost-share with Upper White River, LLC in
an amount not to exceed $ 17,909.00 for the upsizing of approximately 1370' of 10" water
main to 12" water main; and approving a contingency in the amount of $2,686.35.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
3. Amend Chapter 161 Zoning Regulations and Chapter 156 Variances: An ordinance
amending Chapter 161 : Zoning Regulations, Unified Development Code, to provide
uniform building height restrictions in Residential Single-Family Zoning Districts; and
amending Chapter 156: Variances.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
4. Ozark Transit Authority Agreement: An ordinance to approve an Amended Interlocal
Agreement so that Lowell can join as a member of the Ozark Transit Authority.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4853.
5. RZN 06-1949 Ellis Appeal: An ordinance rezoning that property described in rezoning
petition RZN 06- 1949 for approximately 6.03 acres located at 4230 Huntsville Road,
from RSF- 1 , Residential Single Family, 1 unit per acre and RSF-4, Residential Single
Family, 4 Units per acre to RSF-7, Residential Single Family, 7 units per acre.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
6. Emergency and Non-Emergency Ambulance Service: A resolution to express the City
Council's intent to contract exclusively using competitive procurement methods with a
single entity for the provision of all emergency medical services and ambulance services
for the City of Fayetteville.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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0 0
THIS ITEM WAS TABLED TO THE APRIL 18, 2006 CITY COUNCIL
MEETING.
7. Annexation Study Committee: A resolution establishing an Annexation Study
Committee to provide analysis and recommendations for annexation options in West
Fayetteville.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 66-06,
8. Waive § 166.17 Suspending Issuance of Permits Pending Zoning Amendments: An
ordinance to waive § 166. 17 Suspending Issuance of Permits Pending Zoning
Amendments in relation to the proposed Divinity Condos project.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4854,
D. INFORMATIONAL:
City Council Tour: None
Meeting adjourned at 10: 10 p.m.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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City Council Meeting April 4, 20fp •� fl < D/ /O (�
Subject: Oil GY Y
Motion To:
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Lucas ✓
Jordan ✓
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Marr I✓
Mayor Coody [✓
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City Council Meeting April 4, 201 •
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City Council Meeting April 4, 2006 0
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City Council Meeting April 4, 20!0 •
Subject: N
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Lucas ✓
Jordan ✓
Reynolds ✓
Thiel
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City Council Meeting April 4, 200 •
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Lucas
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City Council Meeting April 4, 201 •
Subject: ora /11 V�
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(4 9 '53 Mayor Coody
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Seconded:
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Mayor Coody
City Council Meeting April 4, 2* •
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Mayor Coody
City Council Meeting April 4, 200b
Subject:
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Motion By:
Seconded :
Rhoads ✓ ✓
NFerrell
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Reynolds ,/ ✓
Thiel ✓ �/
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Marr
Mayor Coody
Subject:
Motion To: ado I
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/ OS Mayor Coody
Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coady Ward 1 Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook
Y Y Ward 2 Position 2 - Don Marr
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra Smith Tayvee;lileWard 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Tentative Agenda
City of Fayetteville Arkansas
City Council Meeting
April 4, 2006
A meeting of the Fayetteville City Council will be held on April 4, 2006 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
Nominating Committee Report — Approval of Planning Commissioners
A. CONSENT:
1 . Approval of the March 7, 2006 and the March 21, 2006 City Council meeting
minutes.
2. Power Curbers, Inc.: A resolution approving the purchase of one ( 1 ) Power Curber
Model 5700 Super—B Slip Form Paving Machine from Power Curbers, Inc. in the amount
of $ 176,500.00; and approving a budget adjustment to move the funds to Fleet Expense
Account.
3. Cobblestone Subdivision Park Land Dedication Waiver: A resolution accepting the
Parks and Recreation Advisory Board 's recommendation to accept $ 108,780.00 cash in
lieu of the required Park Land Dedication for Cobblestone Subdivision.
4. Wedington Circle Park Land Dedication Waiver: A resolution accepting the Parks
and Recreation Advisory Board's recommendation to accept $ 116,328.00 cash in lieu of
the required Park Land Dedication for the Wedington Circle Development.
5. ADM 06-2002 Crossover Road/HWY 265 ROW Variance: A resolution to vary the
Master Street Plan' s dedication requirements for Highway 265 in connection with the
construction of Fire Station #5 .
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
aceessfayetteville.org
6. Off-Street ParkingDevelopment Renewal Lease Agreement: A resolution approving
renewal of the Lease Agreement with Off-Street Parking Development District No. 1 for
the City of Fayetteville to operate certain off-street parking lots.
B. UNFINISHED BUSINESS:
1 . ADM 05-18419 05- 1842, 05-1879 Hillside Overlay District: An ordinance amending
Title XV: Unified Development Code of the City of Fayetteville to amend various
sections of the code in order to implement hillside preservation and protection, establish a
Hillside Overlay District Zoning Boundary and map, and adopt and Hillside Overlay
District Best Management Practices Manual. This ordinance was left on the First
Reading at the February 7, 2006 City Council Meeting. This ordinance was left on the
Second Reading at the February 21, 2006 City Council Meeting and was Tabled to the
April 4, 2006 City Council Meeting.
2. RZN 06- 1868 Chambers : An ordinance rezoning that property described in rezoning
petition RZN 06- 1868 for approximately .20 acres located at 347 North Willow Avenue
from RSF-4 Residential Single-Family, 4 units per acre to RSF-8, Residential Single-
Family, 8 units per acre. This ordinance was left on the Second Reading at the
February 7, 2006 City Council Meeting. This ordinance was Tabled at the February
21, 2006 City Council Meeting to the March 7, 2006 City Council Meeting. This
ordinance was Tabled at the March 7, 2006 City Council Meeting to the March 21,
2006 City Council Meeting. This ordinance was Tabled at the March 21, 2006 City
Council Meeting to the April 4, 2006 City Council Meeting.
3. R-PZD 06-1883 Abshier Heights: An ordinance establishing a Residential 'Planned
Zoning District titled R-PZD 06- 1883, Abshier Heights, located south of Evelyn Hills
Shopping Center on Abshier and Hillcrest, containing approximately 4. 11 acres;
amending the Official Zoning Map of the City of Fayetteville; and adopting the
Associated Master Development Plan. This ordinance was left on the First Reading at
the March 7, 2006 City Council meeting. This ordinance was left on the Second
Reading at the March 21, 2006 City Council meeting.
4. Amend §163. 14; Wireless Communication Facilities: An ordinance to amend § 163 . 14
Wireless Communication Facilities of the Unified Development Code. This ordinance
was left on the First Reading at the March 7, 2006 City Council meeting. This
ordinance was left on the Second Reading at the March 21, 2006 City Council meeting.
5. ANX 06-1935 Fletcher Williams Appeal: An ordinance annexing that property
described in Annexation Petition ANX 06- 1935 (CC2005-54), for property located at 354
and 370 Double Springs Road, containing approximately 9.70 acres. This ordinance was
left on the Second Reading at the March 21, 2006 City Council meeting.
6. RZN 06- 1936 Fletcher Williams Appeal : An ordinance rezoning that property
described in Rezoning Petition RZN 06- 1936, for approximately 9.70 acres, located at
354 and 370 Double Springs Road, from R-A, Residential Agricultural to RMF-6
Residential Multi-Family, 6 units per acre, subject to a Bill of Assurance. This ordinance
was left on the Second Reading at the March 21, 2006 City Council meeting.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
aecessfayettevi I le.org
! •
C. NEW BUSINESS:
1 . RZN Abshier Heights: An ordinance rezoning that property located west of Hillcrest
Avenue, east of Evelyn Hills Shopping Center and north of Abshier Drive containing
approximately 3 .5 acres from C-2, thoroughfare commercial to RSF-4, Residential Single
Family, 4 units per acre.
2. Upper White River LLC, Cost Share: An ordinance waiving the requirements of
formal competitive bidding and approving a cost-share with Upper White River, LLC in
an amount not to exceed $ 17,909.00 for the upsizing of approximately 1370' of 10" water
main to 12" water main; and approving a contingency in the amount of $2,686.35.
3. Cherokee Nation Contract: A resolution awarding a contract to the Cherokee Nation to
provide the combined services of receiving, handling, hauling and disposing of municipal
residential and commercial waste at the City of Fayetteville's Transfer Station.
4. Ozark Transit Authority Agreement: An ordinance to approve an Amended Interlocal
Agreement so that Lowell can join as a member of the Ozark Transit Authority.
5, RZN 06- 1949 Ellis Appeal: An ordinance rezoning that property described in rezoning
petition RZN 06- 1949 for approximately 6.03 acres located at 4230 Huntsville Road,
from RSF- 1 , Residential Single Family, 1 unit per acre and RSF-4, Residential Single
Family, 4 Units per acre to RSF-7, Residential Single Family, 7 units per acre.
D. INFORMATIONAL :
City Council Tour:
, t� OAI .
DjO ;
Oslo
3 [j1
113 West Mountain 72701 (479) 521 -7700 (479) 575-5257 (Fax)
accessfayetteville.org
Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody TayeVI
Ward 1 Position 2 - Brenda Thiel
Ward 2 Position I - Kyle B. Cook
City Attorney Kit Williams Ward 2 Position 2 - Don Marr
/ Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell
KANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Tentative Agenda
City of Fayetteville Arkansas
City Council Meeting
April 4, 2006
A meeting of the Fayetteville City Council will be held on April 4, 2006 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
Nominating Committee Report — Approval of Planning Commissioners
A. CONSENT:
1 . Approval of the March 7, 2006 and the March 21 , 2006 City Council meeting
minutes.
2. Power Curbers, Inc. : A resolution approving the purchase of one ( 1 ) Power Curber
Model 5700 Super-13 Slip Form Paving Machine from Power Curbers, Inc. in the amount
of $ 176,500.00; and approving a budget adjustment to move the funds to Fleet Expense
Account.
3. Cobblestone Subdivision Park Land Dedication Waiver: A resolution accepting the
Parks and Recreation Advisory Board's recommendation to accept $ 108,780.00 cash in
lieu of the required Park Land Dedication for Cobblestone Subdivision.
4. Wedington Circle Park Land Dedication Waiver: A resolution accepting the Parks
and Recreation Advisory Board' s recommendation to accept $ 116,328 .00 cash in lieu of
the required Park Land Dedication
fofor
�the Wedington Circle Development.
1 Cherokee Nation ContracCie: /Y resolution awarding a contract to the Cherokee
�J Nation to provide the combin ervvices of receiving, handling, hauling and disposing of
municipal residential and commercial waste at the City of Fayetteville' s Transfer Station.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayeaevi I le.org
1
6. ADM 06-2002 Crossover Road/HWY 265 ROW Variance: A resolution to vary the
Master Street Plan' s dedication requirements for Highway 265 in connection with the
construction of Fire Station #5 .
7. Off-Street Parking Development Renewal Lease Agreement: A resolution approving
renewal of the Lease Agreement with Off-Street Parking Development District No. 1 for
the City of Fayetteville to operate certain off-street parking lots.
B. UNFINISHED BUSINESS:
1 . ADM 05- 1841 , 05- 1842, 05-1879 Hillside Overlay District: An ordinance amending
Title XV : Unified Development Code of the City of Fayetteville to amend various
sections of the code in order to implement hillside preservation and protection, establish a
Hillside Overlay District Zoning Boundary and map, and adopt and Hillside Overlay
District Best Management Practices Manual. This ordinance was left on the First
Reading at the February 7, 2006 City Council Meeting. This ordinance was left on the
Second Reading at the February 21, 2006 City Council Meeting and was Tabled to the
April 4, 2006 City Council Meeting.
2 . RZN 06- 1868 Chambers : An ordinance rezoning that property described in rezoning
petition RZN 06- 1868 for approximately .20 acres located at 347 North Willow Avenue
from RSF-4 Residential Single-Family, 4 units per acre to RSF-8, Residential Single-
Family, 8 units per acre. This ordinance was left on the Second Reading at the
February 7, 2006 City Council Meeting. This ordinance was Tabled at the February
21, 2006 City Council Meeting to the March 7, 2006 City Council Meeting. This
ordinance was Tabled at the March 7, 2006 City Council Meeting to the March 21,
2006 City Council Meeting. This ordinance was Tabled at the March 21, 2006 City
Council Meeting to the April 4, 2006 City Council Meeting.
3. R-PZD 06-1883 Abshier Heights : An ordinance establishing a Residential Planned
Zoning District titled R-PZD 06- 1883 , Abshier Heights, located south of Evelyn Hills
Shopping Center on Abshier and Hillcrest, containing approximately 4. 11 acres;
amending the Official Zoning Map of the City of Fayetteville; and adopting the
Associated Master Development Plan. This ordinance was left on the First Reading at
the March 7, 2006 City Council meeting. This ordinance was left on the Second
Reading at the March 21, 2006 City Council meeting.
4. Amend § 163. 14; Wireless Communication Facilities: An ordinance to amend § 163 . 14
Wireless Communication Facilities of the Unified Development Code. This ordinance
was left on the First Reading at the March 7, 2006 City Council meeting. This
ordinance was left on the Second Reading at the March 21, 2006 City Council meeting.
5. ANX 06- 1935 Fletcher Williams Appeal: An ordinance annexing that property
described in Annexation Petition ANX 06- 1935 (CC2005-54), for property located at 354
and 370 Double Springs Road, containing approximately 9.70 acres. This ordinance was
left an the Second Reading at the March 21, 2006 City Council meeting.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
6. RZN 06- 1936 Fletcher Williams Appeal: An ordinance rezoning that property
described in Rezoning Petition RZN 06- 1936, for approximately 9.70 acres, located at
354 and 370 Double Springs Road, from R-A, Residential Agricultural to RMF-6
Residential Multi-Family, 6 units per acre, subject to a Bill of Assurance. This ordinance
was left on the Second Reading at the March 21, 2006 City Council meeting.
C. NEW BUSINESS:
1 . RZN Abshier Heights: An ordinance rezoning that property located west of Hillcrest
Avenue, east of Evelyn Hills Shopping Center and north of Abshier Drive containing
approximately 3 .5 acres from C-2, thoroughfare commercial to RSF-4, Residential Single
Family, 4 units per acre.
2. White River LLC, Cost Share: An ordinance waiving the requirements of formal
competitive bidding and approving a cost-share with Upper White River, LLC in an
amount not to exceed $ 17,909.00 for the upsizing of approximately 1370' of 10" water
main to 12" water main; and approving a contingency in the amount of $2,686.35.
3. RZN 06- 1949 Ellis Appeal: An ordinance rezoning that property described in rezoning
petition RZN 06- 1949 for approximately 6.03 acres located at 4230 Huntsville Road,
from RSF- 1 , Residential Single Family, 1 unit per acre and RSF-4, Residential Single
Family, 4 Units per acre to RSF-7, Residential Single Family, 7 units per acre.
U. INFORMATIONAL:
City Council Tour: April 3, 2006 - 4:30 PM
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FAYETTEVILE
THE CITY OF FAYETTEVIEIE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: April 5, 2006
RE: Passed Ordinances and Resolutions from City Council meeting
of April 4, 2006
1, Power Curbers, Inc. : Resolution approving purchase of one power curber
Model 5700 Super-B Slip Form Paving Machine from Power Curbers, Inc. in
amount of $ 176,500.00 and approving budget adjustment to move funds to Fleet
Expense Account;
2, Cobblestone Subdivision Cash In Lieu Of Park Land Dedication:
Resolution accepting Parks & Recreation Advisory Board' s recommendation to
accept $ 108,780.00 cash in lieu of required park land dedication for Cobblestone
Subdivision;
3, Wedington Circle Cash In Lieu Of Park Land Dedication : Resolution
accepting Parks & Recreation Advisory Board' s recommendation to accept
$ 116,328.00 cash in lieu of required park land dedication for Wedington Circle
Development;
4. ADM 06-2002 Crossover/Hwy. 265 ROW Variance: Resolution varying
Master Street Plan's dedication requirements for Hwy. 265 in connection with
construction of Fire Station #5 ;
5. Off-Street Parking Development Renewal Lease Agmt. : Resolution
approving renewal of lease agreement with Off-Street Parking Development
District No. 1 for City of Fayetteville to operate certain off-street parking lots;
6. Cherokee Nation Contract: Resolution awarding contract to Cherokee
Nation to provide combined services of receiving, handling, hauling and disposing
of municipal residential and commercial waste at City of Fayetteville' s Transfer
Station;
7, VAC 06-2005: Ordinance approving VAC 06-2005 submitted by Sheree
Alt for property located at Lot 75 of Covington Park Subdivision and vacating
portion of utility easement along Township Street;
8, R-PZD 06-1883: Ordinance establishing R-PZD 06- 1883 , Abshier
Heights, located south of Evelyn Hills Shopping Center on Abshier and Hillcrest,
containing approximately 4. 11 acres; amending official Zoning Map of City of
Fayetteville and adopting Associated Master Development Plan;
9, ANX 06-1935: Ordinance annexing property described in ANX 06- 1935
for property located at 354 and 370 Double Springs Road, containing
approximately 9.70 acres;
10. RZN 06-1936: Ordinance rezoning property described in RZN 06- 1936 for
approximately 9.70 acres, located at 354 and 370 Double Springs Road, from R-A,
Residential Agricultural to RMF-6, Residential Multi-Family, 6 Units per acre,
subject to a Bill of Assurance;
11. Ozark Transit Authority Agmt.: Ordinance approving amended
Interlocal Agreement so that Lowell can join as a member of Ozark Transit
Authority;
12. Annexation Study Committee: Resolution establishing Annexation Study
Committee to provide analysis and recommendations for annexation options in
West Fayetteville;
13. Waiver of § 166. 17 Suspending Issuance of Permits Pending Zoning
Amendments: Ordinance waiving § 166. 17 Suspending Issuance of Permits
Pending Zoning Amendments in relation to proposed Divinity Condos project.
2
Arkansas Democrat (iaxette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE , AR 72702
PHONE : 479-571 -6415
AFFIDAVIT OF PUBLICATION
I , Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of:
Final Agenda
Was inserted in the Regular Editions:
April 2, 2006
Publication Charge : $0 . 00
t
Subscribed and sworn to before me
This day of P , 0 , 2006.
Notary Public "o-j— -ShaFlene D. Illi
s
Notary Public
State of Arkansas
My Commission Expires: MY Commission Expires
October 18, 2014
*)*NOTE** Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
APR 0 5 2006
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
FINAL.ACMDA
CITV OF FAYEMVILLS ARKANSAS
CITU COUNCIL YSS7INO
APRIL 4006
A treating of the Fayetteville City Council will be held aye
on April 4. 2006 a 16:00 p.m. in Room 219 of the City ARKANSAS
Administration Building located at 113 West
Mountain Street, Fayetteville, Arkansas.
Call to Ordw
Roll CW
Pledge of ADOOLr
A. CON*g"
1. Approval o1 the Ywh 71 2006, Nemh 21, 2Nd and the Much 26, 2006 CRy
Council meetbig Mmdee.
2. Peres Curbere, lira A resolution approving die purchase Mone (1) Power Curber Model
5700 Super-B Slip Form Paving Machine hon Power Curbere, Inc. In the amount of $176,500.00;
and approving a budget adjustment to move the funds to Rees Expense Account.
7. CehblOetone SubAMOlen Park Lend lMdbNlon Wahren A resolution accepting the
Parke and Recreation Advisory Boards reocmmendetfbn to accept $108,780.00 cash In lieu of Me
required Perk Land Dedication for Cobblestone Subdivision.
•. Wellington Circle Park Land Designation WOlven A resolution accepting the Perks and
Recreation Advisory Boards recom antlatlon to accept $116,328.00 cash In lieu of the required
Park Lend Dedication for Me Wedington Circle Devalopnant.
S. AM OF2002 Cmeerw IteadIKVIV 266 WOW % admres A resolution for very Me
Mester Street Plans dedication requirements la Highway 265 in connection With Me construction of
Runs Station 05. -
6. OM46noet parking DOVNopmod Serial Lww Agro rdn A resolution approving
renewal of the Leese Agreement SIM Off Street Parking Development District No. 1 for the City of
Fayededle to operate conn oM-street parking W.
7. Chemic" Nation Common A resolution awarding a contract to the Cherokee Nation to pro-
vice the combined services of recoving, handling, hauling and disposing of municipal residential
and commercial waste at Me City of Fayettevilles Transfer Station.
S. UNFADM 0 .RSD S &ISLIL
1. A DM 06edNsO6/6d$ 06of Me City
OKer1et Districts Anordinanceemending
Tae %V Unified Development Code of vile Ciry of t Fayetteville la blah a Hi various sections of the ogle
In oder ro Implement hillsidesdad pt and Hit and protection, establish a aunagerllside Overlay does mm 1.
Boundary and "a and adopt antl actin a OverlayFe District Best City Cortlent Practices Manual.
This a Was Me wit lee Se Me Fire!ading at the February
21. 2706 City Council Mee tin This a a
Tante W the
m Me Second Reeding of Meeting.FeDrvery 2f, 2006 Clry Cawmil Meeting and was
Tabledro the Apd14, 2006Ciy Councildinainp. -
2. RLI 06/6 for approximately
HerM oro acresance located that property descWillow Avenue
in rezminp poll-
Re RAN (1&1868 for lly4uitacre
acres Mcatesi at 347 North Willow Avenue hon RSF4
Residential as left o nMe 4 union per acre tot the F bruaryPreside , 2 08 City
il mits per acre. This
ordinansm was
was lett on Me SecondFebruary
21,Reading00 a Me February a ing t Cle Council Morning.ODCi y C ado
Menta wee his od a Ma February led at the
City Council Messing to un March in M t Clry Council
Meeting.. This oil Mence was Torted e! Me Maa 7, at M City rah 21, 006MooCit ro Me Mame 21.
Meeting 2006 City Council Meeting. ThisCouncil
ordinance was Tabled e! Me March 21, 2008 City Council Meeting
ro Me Apra 4, NDB CIN Council Meeang.
7. IMLtilled R-PZD AMhNr Ile lien H M odirence estabSouth f ingEv ly RHillsSho ping C Zoning
DistriAtishl t andAncrod. Mini g aper imaely .11 act s; am amending Evelyn Hiffi Shopping Comer m
Abenla antl Hilkrea, da copli g she Associated
ssoetery 1.11 stares; olopmeMan This Zoning Map of Me
City of Fayetteville; end atle Mar Me ANoola City
Con Development Plan. This a Was le wan left
Se theon Fire! Reading at Me March 7, City Ciry Camcll meeting. This ordinance was left m Me
Secondnd §163.141
1 3. Me March 21, 2006 City Council meeting.
* Aare 5167.1 ti Wlreleee Canunumle Den Ppment Co M ordnance c emend $183.14
Wireless Communication at t cetlan Fac , 20 of Me Unified Development Code. This is was left
was lett ec rid
Reahe
ing at
Me March
Marts 02008 City Council meeting. This ordinanro was IeR m Me Second
Reeding of -1 March 21, NOB Gry Council mee0np.
S. AUX 06.1 W6tFrteher W61rma AppNb M ordinance annexing Mat property 0 Double
ob le
In Mnexaion Potitlon AN% 0&1935 (CC20 acres. for property located t 3th and Second
Double
Spriggs arch 1,containing26Ci approximately 9.70 acme. IDis ordinance was lel!m Me Second Reeding
a Me March 21, 2008 City Co until meeting.
In R= O6/YM Pleasant,06- WRllama Appetit ly ordinance rezoned that Property 0 Double
ob le
In Rezoning Petition RAN Residential
for
approximately 9.70 acres, ial Mil at 354 and its Dauoa
Springs Road;Bill of
ssur nceitlThis o diriceAgriculture] s l RMF-6 Residential Reading
M, 8 units per acre,
City Council
to a 811101 ngwrance. This ordinance was left m Me Second Reeding et lire Merc1121, ZQ?B
City Counul meeting.
o. NSW SYLNSS*
1. RLI.Aaehler NOISMo M ordinance rezminp Mat property located west of Hillcrest Avenue,
out of Evelyn Hills Shopping Center and north of Melva Drive containing approxenately 3.5 acres
from C-2, Moroughlare commercial to RSF4, Residential Single Family, 4 units per acre.
2, hyper WhSe Nlwr LLC, Crest Shamir M ordinance waving Me requirements of formal
compaltNe bidding and approving a cost-share With Upper White River, LLC in an amount not to
exceed $17,909.00 for the upslzing of approximately 1370' of 10- water man to 12' water man; and
approving a contingency In the amount of $2,8618.35.
7. Amend Chapter 161 Zoning ROpulati ro and Chapter 166 Vahan M ordinance
emending Chapter 161: Zoning Regulations, Unified Development Code, to provide uniform build-
eg height restrictions In Residential SingleFamly Zasng OtsMcts: and emending Chapter 156:
Variances.
4. Ozwk lyarrN Authority Agreentwh M ordinance to approve On Amended Interocal
Agreement so Met Lowell can join as a member of the Ozark Transit Authority.
IL RLI 061949 LW Appeals M ordnance rezoning Met property described a rezoning petl-
Von RZN 06-1949 for Opprodmetety 6.03 acres located 01 4230 Huntsville Road, than RSF-1,
Residential Single Family, 1 unit per acre and RSF4, Residents] Single Family, 4 Units per acre M
RSF-7, Residential Single Family, 7 units per acre.
& 21 ass y and Men-Serrgerry Amkulassw Services A resolution to express the City
Councils Intent to contract exclusively using competitive procurement methods With a single entity
for the provision of all emergency mescal services and ambulance cervices for the City of
Fayettevllls.
T. Amnealbn Study ConwMHte A resolullon establishing an Anne union Study Committee RECEIVED
W provide analysis and recorman0elsummatione for summation options In west Fayattevge.
S. Walw 1166.17 SuepenAng lewance.of PermRa Pending Zoning 1orMnodo
M ordinance M wave §166.17 Suspending Issuance of Permits Pending Zoning Amendments In l� l]
relation to Me proposed Divinity ConOm project.
APR R Q 20T1"IJ
D. IMFORMATIOMALn
CRY CoarO Toon Nor CITY OF FAYETTEVILLE
CRY CLERICS OFFICE
City Council Meeting Minutes
March 7, 2006
Pagel of 59
Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody e 1A Ward I Position 2 - Brenda Thiel
Cit Attorney Kit Williams Tayve
Ward 2 Position I - Kyle B. Cook
City y Ward 2 Position 2 - Don Marr
Y cWard 3 Position I - Robert K. Rhoads
City Clerk Sondm Smith �/ Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
City of Fayetteville Arkansas ,
City Council
Meeting Minutes _ ��
March 7, 2006
A meeting of the Fayetteville City Council was held on March,,7; 2006 at 6:00 PM in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Reynolds, Thiel; Cook, Marr, Rhoads 4errell, Lucas, Jordan,
Mayor Coody, City Attorney Kit Williams, City ,Clerk Sondra Smith, Staff, Press, and
Audience. \�\
Alderman Rhoads and' Alderman 'Marr were absent during roll call.
Pledge of Allegiance
r /
CONSENT:
AP rovalFluthe Feb uary`21 \City Council meeting minutes and February 22, 2006 Special
City Counci T eeting minutes.
Approved
ADM 06-1937 Master/Street Plan ROW Dedication Variance: A resolution to approve a
variance from the Master Street Plan setback requirements of § 166. 18 of the U.D.C. and
dedication requirements of § 171 .03 of the U . D.C.
Resolution 34-06 as Recorded in the Office of the City Clerk
Arkansas Department of Parks and Tourism Grant: A resolution accepting an Arkansas
Parks and Tourism Outdoor Recreation grant in the amount of $ 115, 128 .00 for the construction
of Phase 1 A of the Botanical Gardens; and approving a budget adjustment recognizing the grant
revenue.
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• • City Council Meeting Minutes
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Page 2 of 59
Resolution 35-06 as Recorded in the Office of the City Clerk.
Arkansas Department of Aeronautics Grant: A resolution authorizing the Fayetteville
Municipal Airport staff to accept a grant in the amount of $63 ,289.00 from the Arkansas
Department of Aeronautics to fund the T-Hangar Rewiring Project.
Resolution 36-06 as Recorded in the Office of the City Clerk.
McGoodwin, Williams and Yates, Inc. Waterline Replacement Project: A resolution
approving Amendment # 1 to the contract with McGoodwin, Williams & Yates, Inc. in an
amount not to exceed $ 11 ,000.00 for 24" Waterline Replacement Project.
Resolution 37-06 as Recorded in the Office of the City Clerk.
Alderman Jordan moved to approve the Consent Agenda as read. Alderman Reynolds
seconded the motion. Upon roll call the motion passed 7-0. Alderman Marr was absent
during the vote,
UNFINISHED BUSINESS:
ADM 05- 1841 , 05- 1842, 05- 1879 Hillside°Ove IaY District: An ordinance amending Title XV:
Unified Development Code of the City of FayettevilleQ amend various sections of the code in
order to implement hillside preservation and prootectionn e ablish a Hillside Overlay District
Zoning Boundary and Map, and;-adopt the Hillside Overlay .;Distnct Best Management Practices
Manual. This ordinance was left on the First Reading at the February 7, 2006 City Council
Meeting. This ordinance was left: on the Secid Reading at the February 21, 2006 City. , .
Council Meeting. 2:r
Kit Williams, City,Attorney asked the Mayor to make comments, because there may not be a
move to actually pass it tonight. We should not put it on the third and final reading until we have
it in amore complete form.
Alderman Thiel: We are still going to consider making amendments tonight?
Tim Conklin, Development Management Director gave a Power Point Presentation on why
the City is looking at protecting and preserving the Hillsides Overlay District
Alderman Thiel: 1 just wanted the total of single family. But the table in our ordinances is just
for RSF-4 isn't it?
Tim Conklin: 68 .65% for the Single Family Zoning Districts. That would be RSF- 1 , 2, 4.
Kit Williams: I think RA is a Single Family District too.
Tim Conklin : 86. 18%
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City Council Meeting Minutes
March 7, 2005
Page 3 of 59
Alderman Lucas: One of the first slides that you put up there, the 2000 Natural Resources,
could I see that just a minute because something caught my eye, health wise.
Alderman Ferrell: If somebody is going to build a house on RA, don' t they just kind of rezone
the whole plot and leave the rest RA?
Kit Williams: Not necessarily, my house is on a RA and it can be single family. It requires at
least 2 acres.
Alderman Lucas: Natural Resources contribute to the health; I thought that was interesting in
Economic vitality in a community more than any other element. I think that is a very important
sentence.
Alderman Thiel: 1 don't have any questions, I just wonder about our,procedure, whether we are
going to try to make some amendments based on last night- I mean the public may also want to
address the amendments. \
Kit Williams: You could consider them one at/a time like at the public comment,like you did
last night. <
Alderman Thiel: Okay and they can also comment on the overall ordinance.
Mayor Coody: Absolutely. Tim, I want to say thanks for the long time of hard work. You all
have put in long hours on this issue and you'have done ,a�good job and the staff has done really
well. So I want to say thanks.
\ 5 v
Alderman Thiel: I agree/with that.
Mayor Coody: Alrigh�didayou ,Want to discuss t e mendments to the ordinance before we go
forward — —
Alderman Thiel We1lfItwanted to'make an amendment that actually it kind of got confused. It
came for staff but actualI V' ad discussed with staff wording it for me.
v
Alderm\\rell: Is this the last page?
Alderman ThieU: ight it/, the design requirements for buildings located within the Hillside
Overlay District. The wording we kind of agreed on last night and this will be my motion. Well
we will have to remove the part that already addresses this, but require developers of preliminary
plats and large scale developments shall conduct a Geo Technical analysis of the soil and sub-
soils of their property to determine whether a typical spread footing foundation is adequate,
based on the type of soil present on site. If not a notation on the final plat or the casement plat
shall be placed requiring that all future structures within the development have foundation plans
designed, approved, and sealed by professional engineer and or architect. Unoccupied single
story buildings less than 120 square feet are exempt from any foundation requirement, that's my
motion. I want to clarify a little bit. Last night, we discussed how we are going to deal with
individual homes, properties, lots because this just deals with large scale development. I wanted
time to think about that and if we are looking at this as a protection preservation to hillsides, in
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March 7, 2006
Page 4 of 59
other words the storm water run-off, erosion and everything that occurs below developments.
Generally a single family residence built on an existing lot, that has already be platted, generally
on Mt. Sequoyah one of the platted hillsides, is not going to have that much adverse affect. I
think after this Hillside Ordinance is enacted, 1 think that most people are going to be aware that
they should check in the area that they are building and make sure that they don' t need to go
build on piers because of all the issues that individuals have had with houses and their homes. I
think since we are looking at the health and safety of everyone around this area that probably just
the larger developments that have five plus house built at least built on them, I think that it' s
really important that they have the right kind of foundations to reduce the storm water run-off
and everything. I guess that I am saying that I don't know if we necessarily need to address the
single family lots. I don't think they are as critical to the over all picture. So, that' s my
amendment.
Mayor Coody: Would you mind restating your amendment please.
Kit Williams: No, I have it written down.
Mayor Coody: Okay.
Alderman Thiel: It' s basically what was in Kit' s recommendation that came from Ron Petrie in
Engineering. I did tweak it a littlek bit based on our 'discussion last night and some
recommendations from an English Professor; at the University so we got the wording right
grammatically, I think. a
yp�
Mayor Coody: Alright, 1s there a second to Alderman Tluel<'s$amendment. Going once, going
twice. There is no second toyouiamendment AllZerman Thiel. I am sorry.
Alderman Thiel moved. to amend the ordinance„ as follows: Unoccupied single story
buildings less than 720 s4iMre feet are exempt frons any foundation requirements. The motion
died for lack of a second.
Alderman Marr: May I make a1comment. Because I support the amendment intention, I
disagree with the comment that singletfamily or single lots should be excluded. If that wasn' t in
it I would support it. The reason is that a lot of the discussion that came about on this Hillside
Ordinance came about from some of these single sites that are being developed. Lightened Trail
that we are using over and over and over was a single infill lot, that I do believe has had impact
and could have impacted runoff and things of that nature. I would support it if it was not just for
the developers of preliminary plats, but it included all of those. So I am going to make the same
amendment and see if I can get a second.
Kit William: Keep in mind that this is only foundations; this isn't storm water, grading or
anything like that.
Alderman Marr: I understand that. But I want to make it for the exactly the same amendment
but adding developers and owners of single infill lots of preliminary plats, and large scale
developments and the rest of it exactly as it was stated.
Alderman Thiel: I will second that.
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Alderman Lucas: Can I ask a question.
Mayor Coody: Sure.
Alderman Lucas: You are including a notation on the final plat and all that.
Alderman Marr: Yes.
Alderman Lucas. Okay.
Mayor Coody: So, let me ask you a question here.
Alderman Thiel: There won't be a final plat on a single family housed
Mayor Coody: So if an individual homeowner wants to build'on his own lot and wants to put in
a heavy duty pier top-of-the-line foundation, and/n do it with out having\it engineered, he
would still have to go have it engineered and have wstamped and,pay those prices to do what he
would do anyway.
Alderman Marr: Yes, it would be ekactly like we require a developer to do. So it would
ensure that they have gone and have had a Geo Tech study and so eone has determined that the
soil would not support a typical spread foundation footing and if they do't then they would have
to do the appropriate foundation.
Mayor Coody: Alright,we have, a motion in the" second is,there any other discussion on this.
Does anyone from the public have any comme t%on this item? I might ask for all the public to be
concise and respect ful�p ease. �t
Sharon Davison,. a citizen
:�Thank youll and thank you Alderman Thiel and I know that you
have been jsticking,with this f nalinost four years and it is a long process. You scared me there I
didn' t want to exclude the, single family homes. I appreciate everyone realizing that they do
combine, they do 1mpaCXt and, they do impact their neighbors. Trees are great for our roots, trees
are great\for our visuals, and, this is about structure stability of foundations and hillsides. That's
our bottom�line•here, I will be glad when the ridge top exclusion and other issues come up later.
So I applause`you\ and thank you for doing the minimal which is the foundation and it should
apply to all of those st c ress Thank you.
Mayor Coody: To save a little bit of time if you would like to speak I might ask you to cue up
behind the podium so we can be expedites please. How are you Tom?
Tom McKinney, son of resident of Fayetteville: On this one item I do agree with Alderman
Marr that I do think that single family residences should be included in this because lets face it
we are not doing small, affordable housing up on Sequoyah any more. Most of them are going to
be larger structures and I think that they will impact the down hill if they are not done correctly.
He went on to speak in favor of this amendment.
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