LIVE UPDATES: City Council Recap: Oct. 4, 2016

File photo

On the agenda

  • Rezoning 99 acres at the former Razorback Golf Course.
  • A construction contract for portions of Cato Springs Trail.
  • Rezoning 21 acres at 3434 N. Crossover Road.
  • Rezoning 0.6 acres at 1211 W. James Street.
  • Rezoning 73 acres at 2155 N. Rupple Road.
  • Rezoning 3 acres at 103 N. Plainview Ave.
  • Economic development contracts with Startup Junkie and the Fayetteville Chamber of Commerce.
  • A contract with Partners for Better Housing for construction of the Homes at Willow Bend.
  • Allowing gravel alleyways in certain circumstances.

» Download the agenda

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Oct. 4, 2016 inside room 219 of City Hall, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.


Roll Call

Present: Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long
Absent: None

» View current attendance records


Presentations

1. Development Services Presentation: Jeremy Pate, Development Services Director


Consent

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

1. Approval of the Sept. 20, 2016 City Council Meeting Minutes
Pass 8-0

2. Springdale Tractor Co. (Details): A resolution to authorize the purchase of a Kubota 60-inch Pro Deck mower with canopy in the amount of $13,175.00 from Springdale Tractor Co. of Apringdale, Arkansas for use by the Transportation Services Department, and to approve a budget adjustment.
Pass 8-0

3. Bid No. 16-54 Lewis Ford Sales, Inc. Transportation Department (Details): A resolution to award Bid No. 16-54 and authorize the purchase of a ford F550 Crew Cab 4×4 with Davis Dump Body from Lewis Ford Sales, Inc. of Fayetteville, Arkansas in the amount of $54,670.88 for use by the Transportation Department.
Pass 8-0

4. Bid No. 16-54 Lewis Ford Sales, Inc. Parks and Recreation Department (Details): A resolution to award Bid No. 16-54 and authorize the purchase of a Ford F350 Crew Cab 4×4 with Davis Dump Body from Lewis Ford Sales, Inc. of Fayetteville, Arkansas in the amount of $44,947.88 for use by the Parks and Recreation Department.
Pass 8-0

5. Bid No. 16-54 Lewis Ford Sales, Inc. Water and Sewer Operations Division (Details): A resolution to award Bid No. 16-54 and authorize the purchase of a Ford F550 Standard Cab with Davis Dump Body from Lewis Ford Sales, Inc. of Fayetteville, Arkansas in the amount of $48,397.88 for use by the Water and Sewer Operations Division.
Pass 8-0

6. Bid No. 16-56 Lewis Ford Sales, Inc. Water and Sewer Operations Division (Details): A resolution to award Bid No. 16-56 and authorize the purchase of a Ford F550 4×4 with Reading Utility Body from Lewis Ford Sales, Inc. of Fayetteville, Arkansas in the amount of $48,005.00 for use by the Water and Sewer Operations Division.
Pass 8-0

7. Bid No. 16-57 Lewis Ford Sales, Inc. Water and Sewer Operations Division (Details): A resolution to award Bid No. 16-57 and authorize the purchase of a Ford F550 Diesel 4×4 with Reading Utility Body from Lewis Ford Sales, Inc. of Fayetteville, Arkansas in the amount of $55,243.00 for use by the Water and Sewer Operations Division.
Pass 8-0

8. Bid No. 16-60 Art Thureson Inc. (Details): A resolution to award Bid No. 16-60 and authorize the purchase of a prefabricated bridge in the amount of $31,500.00 from Art Thureson, Inc. of Waterford, Michigan for installation on the Cato Springs Trail.
Pass 8-0

9. Garver, LLC Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to the contract with Garver, LLC in the amount of $32,200.00 to add construction phase services related to the installation of a tunnel and bridges on a portion of the Cato Springs Trail within the Arkansas Highway and Transportation Department right of way.
Pass 8-0

10. Walton Arts Center Council, Inc. Restated Articles of Incorporation (Details): A resolution to approve the restated articles of incorporation of the Walton Arts Center Council, Inc.
Pass 8-0


Unfinished Business

1. RZN 16-5442 (2514 W. Lori Rd./Razorback Golf Course) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5442 for approximately 99.10 acres located at 2514 W. Lori Road from R-A, Residential Agricultural; RSF-1, Residential Single Family, one unit per acre and RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation; R-A, Residential Agricultural and NS, Neighborhood Services subject to the attached bill of assurance (left on second reading).
Pass 7-1

Notes: The applicant presented a Bill of Assurance that states a maximum of 400 single-family homes shall be permitted on the areas zoned Neighborhood Conservation and Neighborhood Services.

There was no public comment at tonight’s meeting.

Alderman Kinion said this was a good compromise from what was originally proposed on the property.

Alderman Long voted against the rezoning. Before the vote, he said he’d heard from several residents who were concerned about the environmental impact the eventual development could have on the property and surrounding areas.


New Business

1. Bid No. 16-53 Boulder Construction, Inc. (Details): A resolution to award Bid No. 16-53 and authorize a contract with Boulder Construction, Inc. in the amount of $3,753,369.40 for construction of portions of the Cato Springs Trail from the Town Branch Trail to Kessler Mountain Regional Park, to approve Change Order No. 1 to reflect value engineering items and reduce the contract amount by $880,253.40, and to approve a project contingency in the amount of $287,311.16.
Pass 8-0


2. RZN 16-5543 (3434 N. Crossover Rd./Villages Assisted Living) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5543 for approximately 21.40 acres located at 3434 N. Crossover Road from R-A, Residential Agricultural to RT-12, Residential Two and Three Family; P-1, Institutional and CS, Community Services.
Left on the first reading

Notes: Alderman Tennant requested the item be left on the first reading to allow more time for area residents to weigh in on the proposal.

3. RZN 16-5548 (1211 W. James St./Haven Campus) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5548 for approximately 0.63 acres located at 1211 W. James Street from R-O, Residential Office to CS, Community Services subject to the attached bill of assurance.
Pass 8-0


4. RZN 16-5550 (2155 N. Rupple Rd./Hazen) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5550 for approximately 73.37 acres located east and west of Rupple Road and south of Mount Comfort Road from RSF-1, Residential Single Family, 1 unit per acre; RSF-4, Residential Single Family, 4 units per acre and R-A, Residential Agricultural to CS, Community Services and R-A, Residential Agricultural.
Left on the first reading

Notes: This item was amended 8-0 to reflect an updated map that does not include property the city has already acquired for right-of-way.

One resident spoke against the rezoning and said its approval could lead to more development along Mount Comfort Road. She said its approval would create traffic and environmental problems and attract more people to the area which could lead to mischief.

Alderman Long said he’s received feedback from residents who are concerned about the proposal. He requested the item be left on the first reading to allow more time for residents to weigh in.


5. RZN 16-5560 (103 N. Plainview Ave./McMahon) (Details): An ordinance to rezone that property described in rezoning petition RZN 16-5560 for approximately 3.34 acres located at 103 N. Plainview Ave. from R-O, Residential Office to RT-12, Residential two- and three-family.
Pass 8-0


6. ADM 16-5564 (1530 Golf Club Dr./The Links PZD Amendment) (Details): An ordinance to amend Ordinance No. 5015 which enacted Residential Planned Zoning District 07-2452 (The Links) to allow a clubhouse and swimming pool to be constructed on a 0.4 acre parcel of the R-PZD.
Pass 8-0


7. Startup Junkie Consulting, LLC (Details): A resolution to approve a two (2) year contract with Startup Junkie Consulting, LLC to provide economic development consulting services in the areas of entrepreneurship and innovation in the amount of $300,000.00, and to approve a budget adjustment.
Pass 7-1

Notes: Two residents who spoke questioned the return on economic development contracts. Council members who spoke said consultancy from experienced business experts is invaluable when looking at ways to enable job growth and help small businesses succeed at the startup level.

Alderman La Tour voted against. He did not say why, but he told Jeff Amerine of Startup Junkie, a local company that provides free advice to small business startups, that he should charge money for those services. It’s unclear whether that comment was related to La Tour’s negative vote.


8. Fayetteville Chamber of Commerce Economic Development Consulting Services (Details): A resolution to approve a two (2) year contract with the Fayetteville Chamber of Commerce to provide economic development consulting services in the areas of business recruitment, retention, and expansion in the amount of $360,000.00, and to approve a budget adjustment.
Pass 8-0


9. Partners for Better Housing, Inc. Agreement (Details): An ordinance to waive competitive bidding and to approve the contractual agreement attached to the Engineering Department’s agenda memo in the form of a cost share agreement with Partners for Better Housing, Inc. in the amount of up to one million dollars ($1,000,000.00) pursuant to Resolution No. 117-13.
Pass 6-2

Notes: Aldermen Long and La Tour voted against.

Long said he isn’t certain the city is legally allowed to provide infrastructure reimbursement money to a group that will build homes and subsidize the purchase of those homes for some people, but not everyone.

City Attorney Kit Williams said he thinks the proposed contract is constitutional, but added that he cannot be certain. He said if the city is sued, a court would have to determine if it is OK for a city – even through indirect means – to help with the development of a subdivision that will include some homes that are only available for purchase by low-income buyers.

La Tour said people should pay for their houses with their own money or with money from a private group, but not with taxpayer dollars.

Alderman Kinion said the program will allow low-income residents to expand their economic opportunities in Fayetteville, and noted the City Council’s stated goals, which include creating opportunities for attainable housing. He said he understands that some residents might not agree that taxpayer money should be used to help low-income families, but added that he feels differently.

“I pay taxes, too,” Kinion said. “And when I pay my taxes, I have compassion.”


10. Amend Chapter 6 Pavement Structure and Materials (Details): An ordinance to amend Chapter 6 Pavement Structure and Materials of the minimum street standards manual to allow alleys to be constructed with gravel pavement sections in certain circumstances.
Pass 8-0


Announcements

– There are two fall bulky waste cleanups scheduled this year (see schedule in our story).
– There are some overnight lane closures in place this week on I-49 (see our story).
– Food truck owners who want to set up shop on public property in Fayetteville have until 5 p.m. on Oct. 31 to submit their names for the 2017 lottery drawing (see our story).


Adjourned

This meeting was adjourned at 8:28 p.m.

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