LIVE UPDATES: City Council recap: Aug. 18, 2015

On the agenda

  • Rezoning 16 acres at 4065 E. Huntsville Road.
  • Rezoning 4 acres northeast of Cleveland Street and Razorback Road.
  • An overhaul of the city’s enterprise resource planning system.
  • A construction contract for the Rupple Road extension.
  • Allowing up to four unrelated people to live in each dwelling unit in a portion of the Rupple Row development.

» Download the agenda (PDF)

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Aug. 18, 2015 inside room 219 of the City Administration Building, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval and links to downloadable PDFs for more information on each item of business.


Roll Call

Present: Adella Gray, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long
Absent: Sarah Marsh, Mark Kinion


Consent

Consent items are typically approved in a single, all-inclusive vote.

1. Approval of the Aug. 4, 2015 City Council meeting minutes.

2. Bid No. 15-37 Donelson Construction Co., LLC (PDF): A resolution to award Bid No. 15-37 and authorize a contract with Donelson Construction Co., LLC in the amount of $151,510.00 for asphalt micro-surfacing of city streets at a cost of $2.78 per square yard, and to approve a project contingency in the amount of $15,151.00.
Pass 5-1*

3. Fayetteville Municipal Parking Lot 1 (PDF): A resolution to approve lease agreements for four (4) parking spaces located in Fayetteville Municipal Parking Lot 1 at 160 West Mountain Street for one (1) year with the option to renew for four (4) additional one-year terms at a monthly cost of $50.00 per parking space.
Pass 5-1*

4. Change Order No. 1 Leigh Earthworks, LLC (PDF): A resolution to approve Change Order No. 1 to the contract with Leigh Earthworks, LLC in the amount of $15,362.00 to correct the slope of existing accessible parking spaces at the Fayetteville Senior Activity and Wellness Center.
Pass 5-1*

5. State of Arkansas Equity Investment Incentive Tax Credit (PDF): A resolution to express the City Council’s support for the relocation, startup and expansion of companies in the ecommerce and retail technologies industry in the City of Fayetteville, and to support the application of overdrive brands for a state of arkansas equity investment incentive tax credit.
Pass 5-1*

6. Bid No. 15-45 Hi-Lite Airfield Services, LLC (PDF): A resolution to award Bid No. 15-45 and authorize a contract with Hi-Lite Airfield Services, LLC in the amount of $88,492.50 for the painting portion of the airfield pavement marking rehabilitation project, and to approve a project contingency in the amount of $4,425.00.
Pass 5-1*

7. Special Needs Assistance Program Grants (PDF): A resolution to authorize the mayor to sign a letter of intent to accept Special Needs Assistance Program grants through the U.S. Department of Housing and Urban Development.
Pass 5-1*

8. Arkansas Historic Preservation Program Grant (PDF): A resolution to approve a grant agreement with the Arkansas Historic Preservation Program in the amount of $13,150.00 for travel and training, for the hiring of a qualified consultant to research and catalog historic structures, and for repair and reconstruction of fencing at oaks cemetery; and to approve a budget adjustment.
Pass 5-1*

* La Tour voted against


Unfinished Business

1. RZN 15-5044 (4065 E. Huntsville Rd./The Plaza) (PDF): An ordinance rezoning that property described in rezoning petition RZN 15-5044, for approximately 16.02 acres, located at 4065 E. Huntsville Road from R-PZD 08-3071, Residential Planned Zoning District Bridgedale Plaza to RSF-7, Residential Single Family, 7 units per acre, NS, Neighborhood Services, and CS, Community Services.
Pass 5-1

Notes: Robert Rhoads, an attorney representing the developer, requested to reclassify the 12-acre portion from RSF-7 to Neighborhood Conservation.

Aldermen agreed and voted 6-0 to amend the application to include Neighborhood Conservation.

Rhoads also presented an official bill of assurance promising that the developer will:

  1. Limit the number of lots at 57, or 4.7 lots per acre.
  2. Not build a gas station.
  3. Pay a reasonable share of any future traffic signal on Huntsville Road.
  4. Pay a reasonable amount to re-stripe a third turning lane (with AHTD approval) to serve the main entrance for the development on Huntsville Road.
  5. Include three points of ingress and egress, plus there will be a stub-out to the east.
  6. Pay for a reasonable share of work to alleviate an offsite drainage issue that the city and the developer had planned to fix in the original PZD approved in 2008.

Several residents spoke against the rezoning request. Some neighbors said traffic is a problem in the area and that the issue would only worsen if the development is eventually approved.

The council voted 5-1 to approve the ordinance. Ward 1 Alderwoman Adella Gray voted against.


2. Arkansas Legacy LLC Appeal (PDF): An ordinance rezoning that property described in rezoning petition RZN 15-5066, for approximately 3.98 acres, located at 1338 and 1326 W. Cleveland Street from RMF-24, Residential Multi-family, 24 units per acre and RSF-4, Residential Single-family, 4 units per acre to DG, Downtown General subject to a bill of assurance.
Fail 0-6

Notes: The applicant requested the proposal be tabled until Sept. 15 to allow more time to formalize some changes to be presented at the next Ward 4 Meeting on Aug. 31.

Ward 4 aldermen Alan Long and John La Tour said the developer has had plenty of time to make changes in response to the neighbors’ concerns, and suggested that the current proposal be voted on tonight. If it’s denied, they said, the developer could come back with an entirely new proposal that includes all the changes and revised rezoning classifications the developer is currently considering.

Long said if the Council amends the rezoning request in the middle of the appeal process, the neighbors would not be given the same types of notification they receive during the original planning process.

Alderman Matthew Petty said since the developer is obviously considering changes that might appease the neighbors, he’s leaning toward supporting the request to table. Petty said if the neighbors are in support of the changes, the proposal could be approved as early as September, whereas an entirely new proposal would take at least 60 days before it’s back at the City Council level.

Several neighbors who spoke said they agree with Long and La Tour, and asked the Council to make a decision on the current request tonight.

The council eventually sided with the neighbors, and voted unanimously to deny the proposal.


New Business

1. RFP No. 14-11 New World Systems Corporation (PDF): A resolution to award RFP No. 14-11 and authorize a contract with New World Systems Corporation in the amount of $813,651.00 to upgrade the city’s enterprise resource planning system, to approve a five (5) year maintenance agreement in the amount of $840,500.00, and to approve a project contingency in the amount of $147,000.00.
Pass 6-0


2. New World Systems Corporation (PDF): A resolution to authorize a contract with New World Systems Corporation in the amount of $1,184,576.00 to upgrade the city’s public safety software for police, fire and after hours city-wide services, to approve a five (5) year maintenance agreement in the amount of $846,675.00, and to approve a project contingency in the amount of $160,000.00.
Pass 5-0*

Notes: Amended 6-0 to include the words “and to approve a budget adjustment” (those words were inadvertently left out of the resolution title).

*Alderman Martin Schoppmeyer was not present during the final vote.


3. Presidio Networked Solutions, LLC (PDF): A resolution to authorize a contract with Presidio Networked Solutions, LLC in the amount of $158,355.05 plus applicable taxes, pursuant to the tips/taps cooperative purchasing contract, for the purchase of three (3) nimble storage area network arrays for the enterprise resource planning and public safety system software upgrades, and to approve a budget adjustment.
Pass 6-0


4. AOS, LLC (PDF): A resolution to authorize a contract with AOS, LLC in the amount of $71,039.88 plus applicable taxes, pursuant to a state of arkansas procurement contract, for the purchase of six (6) Cisco unified computing system servers to support the enterprise resource planning and public safety system upgrades, and to approve a budget adjustment.
Pass 6-0


5. SHI, Inc. (PDF): A resolution to authorize a contract with SHI, Inc. in the amount of $100,433.00 plus applicable taxes, pursuant to a state of arkansas procurement contract and the western states contracting alliance contract, for the purchase of Microsoft, Veeam, and VMware support software necessary for the enterprise resource planning and public safety system software upgrades.
Pass 6-0


6. Sweetser Construction, Inc. (PDF): A resolution to authorize a contract with Sweetser Construction, Inc. in the amount of $7,307,280.00 for the construction of Rupple Road from Persimmon Street to Martin Luther King, Jr. Boulevard, and to approve a project contingency in the amount of $730,000.00.
Pass 6-0


7. VAC 15-5116 (808 N. Highland Ave.) (PDF): An ordinance to approve VAC 15-5116 submitted by Josef Tucker for property located at 808 N. Highland Ave. to vacate a portion of an existing utility easement.
Pass 6-0


8. R-PZD 04-06.00 (Rupple Row) (PDF): An ordinance amending a Residential Planned Zoning District entitled R-PZD 04-06.00, Rupple Row, containing approximately 41.70 acres, to modify the zoning of the duplexes and triplexes on Wordsworth Lane to allow up to four unrelated persons to live in each dwelling unit.
Pass 5-1

Notes: The applicant, Rob Kimbel, said he has been operating with four unrelated people living in each unit for several years, and is looking to become compliant with city code, which states that no more than three unrelated people are allowed to occupy a residence in a single-family zoning district.

The Planning Commission voted 7-1 to recommend approval of the application, but city staff are against the proposal. Staff said there isn’t enough parking to satisfy the maximum amount of vehicles the neighborhood would need if every resident owned a car.

Kimbel said there have never been any complaints about parking or traffic, and that he only wants to continue operating as he has been since he purchased the lots and built the dwelling units three years ago. He said if all residents did own a car, there is adequate space for four vehicles at each residence (two in the garage and two in the driveway).

Staff believes it’s unlikely that all residents would park in tandem since they’d be blocking the two cars in the garage. Those extra cars, staff said, would instead likely be parked on the street where there simply isn’t enough room.

Alderman Petty said it would be arbitrary to deny the request by default considering the neighborhood has been operating successfully for so long. He said with no complaints logged since the units were built, it’s evident the situation is under control.

Alderwoman Adella Gray said while it might not be ideal for residents to park in tandem, the residents are obviously making it work.

Alderman Long asked the Council to consider tabling the proposal until residents in Ward 4 have had a chance to review the request at the Aug. 31 Ward 4 meeting.

Alderman La Tour said if residents have concerns, they should have attended tonight’s meeting.

The Council voted 5-1 to approve the ordinance, with Alderman Long casting the sole ‘no’ vote.


9. Amend Chapters 151 and 163 (PDF): An ordinance to amend Chapters 151 and 163 of the Unified Development Code to modify Bed and Breakfast definition and use conditions.
Pass 6-0

Notes: Alderman Long voted against the ordinance

Announcements

– A Ward 4 meeting is planned for 6 p.m. Aug. 31 at City Hall.


Adjourned

This meeting was adjourned at 8:07 p.m.