(Flyer photo, File)On the agenda…
- Amending monthly water and sewer rates.
- A city-wide employee compensation adjustment.
- A fire and police pay and benefits study.
- Several rezoning requests.
- An ARPA funded subrecipient agreement with New Beginnings.
- Approving the annual sidewalk and overlay plan.
- Adopting an updated parks master plan.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, March 7, 2023 inside City Hall in Room 219. The meeting is also available on Zoom and is broadcast live on the city’s YouTube channel.
Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.
Roll call
Present: Sonia Harvey, D’Andre Jones, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None
» View current attendance records
City Council Meeting Presentations, Reports and Discussion Items
1. Monthly Financial Report
Consent
Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member at the beginning of the meeting.
1. Approval of the Feb. 21, 2022 City Council meeting minutes.
– Pass 8-0
2. JBZ, Inc. d/b/a Ellingson Contracting (Details): A resolution to approve Change Order No. 6 to the contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $156,812.00 for additional construction associated with the Woolsey Farmstead Restoration Project, and to approve a project contingency in the amount of $20,000.00.
– Pass 8-0
3. Bid #23-17 Sweetser Construction, Inc. – 2019 Trail Improvement Bond Project (Details): A resolution to award Bid #23-17 and authorize a contract with Sweetser Construction, Inc. in the amount of $502,480.00 for installation of storm drainage along the Mission Boulevard Trail, to approve a project contingency in the amount of $100,000.00, and to approve a budget adjustment – 2019 Trail Improvement Bond Project.
– Pass 8-0
4. Crafton, Tull and Associates, Inc. – Amendment #3 – 2019 Trail Improvement Bond Project (Details): A resolution to approve Amendment No. 3 to the contract with Crafton, Tull and Associates, Inc. for additional design and construction management services associated with the Mission Boulevard Trail and street improvements project in the amount of $58,300.00, and to approve a budget adjustment – 2019 Trail Improvement Bond Project.
– Pass 8-0
5. Bid #22-47 Rock Solid Trail Contracting, LLC (Details): A resolution to award Bid #22-47 and authorize a contract with Rock Solid Trail Contracting, LLC in the amount of $75,465.00 for the construction of trail improvements at Kessler Mountain Regional Park, and to approve a project contingency in the amount of $37,905.00.
– Pass 8-0
6. Cargill Salt d/b/a Cargill Road Safety – Brine Making Equipment (Details): A resolution to authorize the purchase of brine making equipment from Cargill Salt d/b/a Cargill Road Safety in the amount of $116,521.00 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
– Pass 8-0
7. McClelland Consulting Engineers, Inc. – Rockwood Trail Waterline Project (Details): A resolution to approve a contract with McClelland Consulting Engineers, Inc. in the amount of $58,610.00 for field surveying services and utility relocation fees associated with the Rockwood Trail Waterline Project, and to approve a project contingency in the amount of $5,711.00.
– Pass 8-0
8. Lawrence Schemel Sewer Damage Claim (Details): A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the Mayor to pay the amount of $33,347.65 to Lawrence Schemel for a sewer damage claim arising at 2143 West Loren Circle.
– Pass 8-0
9. Hugg and Hall of Tonitown – Toyota Forklift (Details): A resolution to waive competitive bidding and accept a quote in the amount of $39,986.00 plus applicable taxes and freight charges for a Toyota forklift from Hugg and Hall of Tonitown, and to approve a budget adjustment.
– Pass 8-0
10. YRCC – Expansion Project (Details): A resolution to authorize a construction manager at risk services contract with Nabholz Construction Corporation, pursuant to RFQ 22-13, for the Yvonne Richardson Community Center expansion, to provide pre-construction services not to exceed the amount of $15,000.00, and construction services with a guaranteed maximum price to be determined by future change orders, and to approve a budget adjustment – 2022 Park Improvement Bond Project.
– Pass 8-0
11. RFQ 22-12, Flintco LLC. (Details): A resolution to authorize a construction manager at risk services contract with Flintco, LLC, pursuant to RFQ 22-12, for the Fire Station 2 project, to provide pre-construction services not to exceed the amount of $30,000.00, and construction services with a guaranteed maximum price to be determined by future change orders, and to approve a budget adjustment – 2022 Firefighting Facilities Improvement Bond Project.
– Pass 8-0
12. Fayetteville Fire Department Recognition and Acceptance of Donations (Details): A resolution to approve a budget adjustment in the amount of $7,000.00 representing donation revenue to the Fayetteville Fire Department from First Security Bank, Farmers and Merchants Bank, Grand Savings Bank, UARK Federal Credit Union, and Nelson-Berna Funeral Home for the annual employee service awards event.
– Pass 8-0
Unfinished Business
1. An Ordinance to Amend §51.136 Monthly Water Rates and §51.137 Monthly Sewer Rates to Change Water and Sewer Rates: (Details)
An ordinance to amend §51.136 Monthly Water Rates and §51.137 Monthly Sewer Rates to change water and sewer rates as recommended by the cost of service study conducted by Black & Veatch.
– Tabled 8-0 until April 18
Background:
This ordinance would make the recommended changes to the city’s water and sewer rates as discussed in the public hearing on tonight’s agenda.
The changes would apply to water and sewer customers who live outside the city limits. Rates would stay the same for those whose addresses are inside the city limits.
July 19 Discussion:
Paul Becker, the city’s chief financial officer, asked that the ordinance be tabled to allow time to meet with Farmington city leaders to negotiate a new contract. He requested the item be held until Dec. 6.
Mayor Jordan said he would also like to table the item to allow time to make some changes to the recommendations.
Dec. 6 Discussion:
Paul Becker, the city’s chief financial officer, asked that the ordinance be tabled to allow more time to negotiate with Farmington city leaders on a new contract. He requested the item be held until March 7, 2023.
March 7 Discussion:
Paul Becker, the city’s chief financial officer, asked that the ordinance be tabled until April 18, 2023. Becker said staff needs more time, partly because they’re still negotiating with Farmington city leaders.
2. RZN 22-055 (N. Bob Younkin Dr. & W. Bishop Dr./Legacy Ventures NWA) (Details)
An ordinance to rezone that property described in rezoning petition RZN 22-055 located at North Bob Younkin Drive and West Bishop Drive in Ward 3 for approximately 7.76 acres from R-O, Residential-Office to CS, Community Services and RMF-24, Residential Multi-family, 24 units per acre.
– Pass 8-0
The property is in the Appleby Landing Subdivision, and is currently undeveloped, though it is surrounded by established single- and two-family neighborhoods to the east and west, a multi-family development to the south, and medical offices to the north. The applicant has not shared any specific development plans, though they have stated that the rezoning would allow for a mix of residential and commercial uses to cater to senior living.
Both city planning staff and the Planning Commission recommend approval of the request.
Location:
Feb. 21 Discussion:
Berna said he’d like to advance the item to the second reading, but then hold it for two weeks to give people more time to consider the proposal. The council agreed. The discussion will continue on March 7.
March 7 Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the ordinance.
New Business
1. 2023 Fire Pay, Police Pay and Benefits Study (Details)
A resolution to approve the 2023 Fire and Police Pay and Benefits Study prepared by JER HR Group, and to adopt the 2023 Fire and Police Step Pay Plans.
– Pass 7-1
This resolution would accept the 2023 Fire and Police Pay and Benefits Study conducted by JER HR Group and approve proposed fire and police step pay plans. The study recommends adopting the proposed fire and police pay step plans and continuing competitive employee benefits to attract and retain competent employees. Due to market conditions affecting police, staff recommends amending the study recommendations for the 2023 Police Pay structure. Staff said accepting and approving the study and proposed plans will equip the city with updated, competitive fire and police pay structures. A separate agenda item will be presented for consideration on the 2023 Employee Compensation Appropriation Authority & Step Pay Plan Structure Adjustments.
Discussion:
Bunch said she’s heard from several city employees who don’t believe this raise structure is equitable. She asked if there was any problem with holding the item to look at it more closely. Moore made similar comments.
Paul Becker, the city’s chief financial officer, said delaying the vote will delay the implementation of the plan.
Jones said he’s heard similar concerns to those mentioned by Bunch and Moore, but he is inclined to support the plan now because he’s also heard concerns about Fayetteville’s relatively low pay for police and fire workers. “I think it’s long overdue,” said Jones.
Berna said neighboring communities are paying their public safety staff more than Fayetteville, and the city is losing employees because it’s not competitive enough.
“We don’t have to like it, but the only choice is to step up and pay top dollar,” said Berna.
Mayor Jordan said Fayetteville’s non-sworn staff have relatively higher pay than the neighboring cities.
Wiederkehr said losing public safety staff leaves a deeper hole than what’s seen on the surface because new hires can take up to two years to be properly trained before they’re fully ready for the job, all the while being paid by the city. For that reason, he said he’s ready to support the proposal.
Bunch agreed, and said Fayetteville’s citizens expect the best so that’s what the city should provide.
City staff said the reason Fayetteville is “behind” in the region is because the city waits until the other communities set their pay scales before making recommendations here. That way, Fayetteville can stay competitive. The delay before a new plan is proposed, staff said, is typically only about two months behind the other cities.
Decision:
The council voted 7-1 to approve the resolution. Moore voted against.
2. 2023 City-Wide Employee Compensation (Details)
A resolution to approve a budget adjustment in the amount of $3,800,000.00 to facilitate the city-wide 2022 employee compensation adjustment.
– Pass 8-0
The mayor recommends appropriating funds for a compensation package based on the fiscal results of 2022 operations and the Police and Fire Staff Pay and Benefits Study, as well as the 2022 Compression pay study. The compensation package includes a step pay plan structure for police and fire uniformed personnel, a one-step increase for eligible fire uniformed personnel, merit increases for other employees based on performance, and eligibility requirements for both merit and uniformed personnel. The 2023 cost of the plan is projected to be $4.7 million in the General Fund and $5.5 million for all funds. The ongoing cost of the plan in future years will be about $6.5 million for the General Fund and about $7.5 million for all funds. Various funds will have their budgets increased as a result of the proposal.
Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
3. ARPA Subrecipient Application – Serve NWA d/b/a New Beginnings (Details)
A resolution to approve and authorize Mayor Jordan to sign an ARPA funded subrecipient agreement with Serve NWA for supportive or affordable housing in the amount of $1,295,000.00 and to approve a budget adjustment.
– Tabled 8-0 until April 18
Councilmember Sarah Moore has suggested approving a subrecipient agreement with Serve NWA d/b/a New Beginnings using $1,295,000 in ARPA funds to provide low-income residents with housing and other needed support.
Discussion:
City staff said they don’t recommend approval of the request, partially because they’re unsure if it complies with ARPA guidelines, but also because they ranked 20 other ARPA applications higher than this particular one, in part because it may only provide housing for six to eight families at a cost of nearly $1.3 million.
During public comment, 19 people spoke in favor of the proposal.
City Attorney Kit Williams said if the council approves the proposal, he’ll need to draft a contract which would then need to be approved by both the New Beginnings board of directors and the City Council at a future meeting.
Paul Becker, the city’s chief financial officer, said it may take a few months to get the agreement in order to ensure the city is complying with the ARPA guidelines.
Councilmember Berna said the question tonight is not whether New Beginnings is deserving of the money or whether homelessness is a valid concern, but instead whether the proposal is feasible or legal.
Bunch said she’s all for taking a calculated risk, especially for something as important as addressing affordable housing, but she has several concerns about the project.
“It’s not that I don’t think it’s worth the risk, but I think I need some more things answered before I can commit,” Bunch said.
Jones asked how many people could possibly be housed. Solomon Burchfield with New Beginnings said over the lifetime of the program, the 6-8 homes could potentially serve up to 30 people.
Turk said she’s not sure the city would even make the cost-benefit requirement, and moved to reduce the funding to $975,000 which could have a better chance of being compliant. Hertzberg seconded. Williams said keeping the amount under $1 million would be much safer.
Berna said he’s struggling with the decision, partly because it does not have the support of city staff, but mostly because of the cost-benefit scenario which may not be helping enough people for the amount of money that’s being proposed.
Bunch moved to table the proposal for six weeks. The motion passed 8-0. The discussion will continue on April 18.
4. Addition of a Full-Time Position (FTE – 1) – Senior Assistant City Attorney Position (Details)
A resolution to authorize a fourth full-time equivalent position, Senior Assistant City Attorney, in the City Attorney’s Office.
– Pass 8-0
Staff said the city attorney’s office has not had an increase in personnel for over three decades, despite Fayetteville’s population more than doubling during that time. According to a staff memo, the office has been pushed thin, with too much work needing to be done, and it has become challenging to provide full legal research and timely responses. The city attorney has proposed creating a new senior assistant city attorney position and appointing Assistant City Attorney Blake Pennington to the role. This would leave his current assistant city attorney position open for new applicants. Staff said the addition of the new position will allow the office to improve its responsiveness to the City Council and city staff, as well as provide quality legal advice and effective legal defense.
Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
5. 2023/2024 Asphalt Overlay/Sidewalks Projects (Details)
A resolution to approve the Transportation Division Overlay and Sidewalk Projects List for 2023 and 2024.
– Pass 8-0
This item would approve the proposal for new sidewalks in Fayetteville this year. Here’s our story about that.
Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
6. Forvis, LLP (Details)
A resolution to approve a one-year contract with Forvis, LLP for auditing services for the 2023 audit in the amount of $131,093.00, with an option to renew for up to four additional one-year terms.
– Pass 8-0
The city is required by state statutes to have an annual financial audit. The city has utilized the services of a private CPA firm, FORVIS, LLP, to perform the mandated financial audits for a five-year contract beginning with the 2023 audit. FORVIS will provide an annual audit of the city’s financial statements, a review of the city’s internal control system, and a report on compliance for the city’s major federal awards programs and on internal controls over compliance. FORVIS will also provide technical assistance to the city in producing the Annual Comprehensive Financial Report (ACFR), which includes the city’s financial statements and statistical information.
Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
7. Park and Recreation System Master Plan: (Details)
A resolution to approve and adopt an updated Park and Recreation System Master Plan.
– Pass 8-0
The Park and Recreation System Master Plan is a document hat guides the investments, improvements, and growth of Fayetteville’s park system and programs. Staff said the plan was last adopted in 2002, and since then, the city has grown significantly, new parks have been acquired, and new programs have been started. In recognition of the need to develop a vision for the park system that aligns with the current needs of the community, the city’s Parks and Recreation Department began engaging with residents in 2018. The engagement efforts were picked up in 2020, and over 2,500 people contributed to the content of the plan in focus groups, community workshops, and multiple surveys throughout the process.
The plan, which has been approved by various bodies, including the Parks and Recreation Advisory Board, includes five guiding principles: nature connection, stewardship and maintenance, active and well, gathering and placemaking, and resilient natural systems. Each guiding principle is further broken down into goals, strategies, and priority actions aimed at addressing community and departmental needs. While the plan is intended to guide the next 10 years, staff said it should be evaluated after five years, given the rapidly changing and growing nature of the area.
Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
8. Utilize Federal-Aid Funds – Millsap Rd., College Ave. and N. Hemlock Ave. Project (Details)
A resolution to express the willingness of the City of Fayetteville to utilize federal-aid funds for the Millsap Road and College Avenue intersection improvements project and the North Hemlock Avenue improvement project.
– Pass 8-0
This resolution would approve the Millsap Road and College Avenue intersection and Hemlock Avenue project. Federal-aid Surface Transportation Block Grant Program-Attributable funds are available for the project using the participating ratio of 80% federal and 20% city. Based on the total estimate of $400,000 for environmental and right of way phases, the federal aid portion will be $320,000 and the city’s portion $80,000.
Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
9. RZN 22-056: Rezoning (4302 W. Bronco Dr./Baumann Construction, 517) (Details)
An ordinance to rezone that property described in Rezoning Petition RZN 22-056 located at 4302 West Bronco Drive in Ward 1 for approximately 0.38 acres from CS, Community Services to RSF-18, Residential Single-Family, 18 units per acre.
– Pass 8-0
The property includes three undeveloped lots in Phase 2 of the Towne West Subdivision, just west of Benchmark Lane on either side of Bronco Drive. The applicant has stated that the rezoning is necessary since the setbacks required by the current zoning district have rendered each lot unbuildable.
Both city planners and the Planning Commission recommend approval.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
10. RZN 23-001: (W. of N. Washington Ave/Spring Street Cottages, 485) (Details)
An ordinance to rezone that property described in Rezoning Petition RZN 23-001 located west of North Washington Avenue in Ward 1 for approximately 0.12 acres from RMF-24, Residential Multi-Family, 24 units per acre to RI-U, Residential Intermediate-Urban.
Both city planners and the Planning Commission recommend approval.
– Pass 8-0
This undeveloped property is located in central Fayetteville, roughly 80 feet south of the intersection of Spring Street and Washington Avenue.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
11. Appeal RZN 22-054: (515 S. College Ave./Niederman, 523) (Details)
An ordinance to rezone that property described in Rezoning Petition RZN 22-054 located at 515 South College Avenue in Ward 1 for approximately 0.31 acres from NC, Neighborhood Conservation to DG, Downtown General.
– Pass 5-3
The property is in south Fayetteville on the west side of South College Avenue roughly 100 feet north of the street’s intersection with Martin Luther King Jr. Boulevard. It is currently developed with one single-family home.
City planners recommend approval, but the Planning Commission voted 8-0 to recommended denial, citing concerns about allowing mixed-use zoning in an established single-family residential neighborhood. Commissioners said they felt that the property’s current zoning designation was more appropriate.
Location:
Discussion:
The applicant offered a Bill of Assurance limiting the building height to three stories. The council amended the ordinance to include that Bill of Assurance.
Turk said she’s worried about traffic safety in the area, so she’ll oppose the request.
Wiederkehr said he’s concerned that the Planning Commission voted unanimously to reject the proposal, so he will also oppose it.
Decision:
The council advanced the ordinance to the third reading, and voted 5-3 to approve it. Turk, Wiederkehr and Hertzberg voted against.
12. RZN 23-002: (SE of N. Gregg Ave and W. Elm St/Legacy Ventures LLC, 367) (Details)
An ordinance to rezone that property described in Rezoning Petition RZN 23-002 located southeast of North Gregg Avenue and West Elm Street in Ward 2 for approximately 1.71 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre and RI-U, Residential Intermediate-Urban.
– Left on the first reading
The properties are immediately southeast of the intersection of Gregg Avenue and Elm Street. The site is composed of two lots, and there are no existing structures on the property.
Both city planners and the Planning Commission recommend approval.
Location:
Discussion:
Two people spoke in opposition to the request.
Wiederkehr said 22 people attended a meeting on the property on Monday, and they would rather the property remain in its current zoning. They were also worried about water runoff, he said.
Turk said she won’t support an increase in density for that area, so she’ll vote against.
The council agreed to leave the item on the first reading. The discussion will continue on March 21.
13. VAC 23-001: (N. Bob Younkin Dr. & W. Bishop Dr./Legacy Ventures, 251) (Details)
An ordinance to approve VAC 23-001 for property located at North Bob Younkin Drive and West Bishop Drive in Ward 3 to vacate a portion of street right-of-way.
– Pass 8-0
The property consists of seven lots in the Appleby Landing Subdivision, located on either side of the south end of Bob Younkin Drive in north Fayetteville. The property is currently undeveloped though it is surrounded by established single- and two-family residential neighborhoods to the east and west, a multi-family development to the south, and medical offices to the north. An eight-inch water main and an eight- inch sewer main are present along the west side of Bob Younkin Drive. A separate request to rezone the property from R-O, Residential-Office to CS, Community Services and RMF-24, Residential Multi-Family, 24 Units per Acre (RZN-2022-0055) was recently forwarded by the Planning Commission to City Council with a recommendation of approval.
Both city planners and the Planning Commission recommend approval with the following conditions:
- Any damage or relocation of existing facilities will be at the property owner/developer’s expense; and
- 2. Water and sewer lines must be field located, surveyed, and adequate easements retained and dedicated. Easements must be appropriate widths. Some deep sewer lines may be present, requiring larger easements than the standard 20-foot width.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
Meeting duration
This meeting lasted 6 hours and 1 minute, and was adjourned at 11:31 p.m.
