HomeMy WebLinkAbout2023-12-19 - Minutes -Counc il Me m be r Robert B. Sta ffo rd
Ward I Positio n I
Coun ci l Me m be r D ' Andre Jo nes
Ward I Positio n 2
Coun c il Me m be r Sarah Moo re
Ward 2 Po sitio n I
Co un c il Me mbe r M ike Wiederke hr
Ward 2 Pos itio n 2
Mayo r Lione ld Jordan
City Att orney Kit Wi ll iams
City Clerk Treas urer Kara Pax ton
City of Fayetteville Arkansas
City Council Meeting
December 19, 2023
C ity Co un c il Mee tin g Minutes
D ece mber 19, 2 023
Page I of 10
Counci l Me mbe r Scott Be rn a
Wa rd 3 Positi o n I
Counc il Me mbe r Sarah Bun c h
Ward 3 Positi o n 2
Coun ci l Me m be r Te resa T urk
Ward 4 Pos iti o n I
Co unci l Me m be r Ho ll y He rt z be rg
Wa rd 4 Pos iti o n 2
A meeting of the Fayetteville City Council was held on December 19, 2023 at 5:30 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Council Members D' Andre Jones , Sarah Moore, Mike Wiederkehr, Scott Berna,
Sarah Bunch, Teresa Turk, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk
Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker,
Staff, Press and Audience. Council Members Holly Hertzberg and Robert B. Stafford were
absent from the meeting.
Pledge of Allegiance
Mayor 's Announcements, Proclamations and Recognitions: N o ne
City Council Meeting Presentations, Reports, and Discussion Items:
Nominating Committee Report -Committee Chair
Council Member Wiederkehr read the N o minatin g Co mmittee Re po rt and reco mmend ed th e
a pp o intm ent s as pr ese nt ed.
Council Member Turk moved to approve the Nominating Committee Report. Council
Member Bunch seconded the motion. Upon roll call the motion passed 6-0. Council Member
Moore, Wiederkehr, Berna, Bunch, Turk and Jones voted yes. Council Member Hertzberg
and Stafford were absent.
113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www.fayetteville-ar.gov
Agenda Additions: None
Consent:
Approval of the December 5, 2023 City Council Meeting Minutes.
APPROVED
City Council Meeting Minutes
December 19 , 202 3
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Area Agency on Aging of Northwest Arkansas (Amendment): A resolution to approve
Amendment No. I to the contract with the Area Agency on Aging of Northwest Arkansas in the
amount of $153 , I 04.00 to provide public recreation services for senior residents of Fayetteville.
Resolution 279-23 as recorded in the office of the City Clerk
Parks, Natural Resources and Cultural Affairs (Donation Revenue): A resolution to approve
a budget adjustment in the amount of $12 ,354.00 representing donation revenue to the Parks ,
Natural Resources , and Cultural Affairs Department.
Resolution 280-23 as recorded in the office of the City Clerk
Ecosconnect, LLC (Software Service Contract): A resolution to approve a one year contract
with Ecosconnect, LLC for backflow tracking services with automatic renewals for up to four
additional one year terms in an amount not to exceed $50 ,000.00 per year.
Resolution 281-23 as recorded in the office of the City Clerk
Prime Electric Group, LLC (Service Agreement): A resolution to accept a quote from Prime
Electric Group , Inc. in the amount of $45 ,302.00 for electrical upgrades to the Gulley Water Pump
Station , and to approve a project contingency in the amount of $9 ,060.40.
Resolution 282-23 as recorded in the office of the City Clerk
Purchased Water Account (Budget Adjustment): A resolution to approve a budget adjustment
in the amount of $550,000.00 for the purchased water account due to increased water usage.
Resolution 283-23 as recorded in the office of the City Clerk
Flintco, LLC (Fire Station 2 -Change Order #2): A resolution to approve Change Order #2
with Flintco , LLC in the amount of $5 ,345 ,663.00 for work associated with the construction of
Fire Station 2 , and to approve a budget adjustment -Firefighting Facility Improvements Bond
Project.
Resolution 284-23 as recorded in the office of the City Clerk
Garver, LLC (Service Agreement): A resolution to authorize a contract with Garver, LLC ,
pursuant to RFQ 23-0 I , for the design of a trail bridge across Hamestring C reek in the amount of
113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar.gov
C ity Coun c il Meetin g Minutes
December 19, 2023
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$122 ,200.00 , to approve a project contingency in the amount of $10 ,000 .00 , and to approve a
budget adjustment.
Resolution 285-23 as recorded in the office of the City Clerk
Vance Brothers, Inc. (Service Agreement): A resolution to award Bid #23-40 and authorize a
contract with Vance Brothers , Inc. in the amount of $745 ,175.90 for asphalt surface treatments for
city streets and parking lots , and to approve a project contingency in the amount of $75 ,000.00.
Resolution 286-23 as recorded in the office of the City Clerk
TSW, Inc. (Service Agreement): A resolution to authorize a contract with TSW , Inc., pursuant
to RFQ 22-0 I , for design services associated with Phase One Improvements to Walker Community
Park for an amount not to exceed $203 ,075.00 , to approve a project contingency in the amount of
$10 ,000.00 , and to approve a budget adjustment -Park Improvement Bond Project.
Resolution 287-23 as recorded in the office of the City Clerk
Seven Hills Homeless Center (Subrecipient Agreements): A resolution to authorize Mayor
Jordan to sign subrecipient agreements with Seven Hills Homeless Center and its partner agencies,
pursuant to Resolution No. 233-23 and RFP 23-12 , in the amount of $1 ,630 ,000.00 for a project
to address housing instability in Fayetteville.
Resolution 288-23 as recorded in the office of the City Clerk
2023 Boston Mountain Compost Bin (Grant Award): A resolution to authorize acceptance of a
2023 Boston Mountain Recycling Grant in the amount of $9 ,000 .00 for a pilot Curbside Food
Waste Collection Program , and to approve a bud get adjustment.
Resolution 289-23 as recorded in the office of the City Clerk
Animal Services (Donation Revenue): A resolution to approve a budget adjustment in the amount
of $40 ,957.00 representing donation revenue to the Animal Services Division.
Resolution 290-23 as recorded in the office of the City Clerk
Community Resources (Donation Revenue): A resolution to approve a budget adjustment in the
amount of $9 ,352.00 representin g donation revenue to the Community Resources Department.
Resolution 291-23 as recorded in the office of the City Clerk
Galls, LLC (Purchase Agreement): A resolution to approve the purchase of uniforms and related
products , services , and solutions from Galls , Inc. on an as-needed bas is through May 31 , 2025 ,
and an y future renewal period s.
Resolution 292-23 as recorded in the office of the City Clerk
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City Council Meeting Minutes
December 19 , 2023
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Lion Manufacturing (Purchase Agreement): A resolution to approve the purchase of bunker
gear and related products , services, and solutions from Lion Manufacturing through Nafeco on an
as-needed basis , purs uant to a Sourcewell Cooperative Purchasing Contract, through May 7 , 2024
and any future renewal periods.
Resolution 293-23 as recorded in the office of the City Clerk
Fayetteville Police Department (Donation Revenue): A resolution to approve a budget
adjustment in the amount of $1,028.00 representing donation revenue to the Fayetteville Police
Department.
Resolution 294-23 as recorded in the office of the City Clerk
Fayetteville Police Department (Forfeiture Revenue): A resolution to approve a budget
adjustment in the amount of $41 ,340.00 recognizing revenue associated with Federal and State
Law Enforcement Forfeitures .
Resolution 295-23 as recorded in the office of the City Clerk
Council Member Bunch moved to accept the Consent Agenda as read. Council Member
Berna seconded the motion. Upon roll call the motion passed 6-0. Council Member Moore,
Wiederkehr, Berna, Bunch, Turk and Jones voted yes. Council Member Hertzberg and
Stafford were absent.
Unfinished Business: None
New Business:
U.S. Postal Service (Processing Operations): A resolution to request that the United States Postal
Service maintain all current mail processing operations in Fayetteville.
Council Member Berna stated he brought the item before the City Council because he had
concerns that the potential movement of the mail proce ss ing center could adversely affect the
postal delivery in the area.
There was a brief di sc ussion between Council Member Bunch and Council Member Berna
regarding the mail processing center in Fayetteville being used by other areas in the region .
Council Member Moore thanked Council Member Berna for bringing the resolution forward , she
would be in support.
Mayor Jordan stated he would be in support of the resolution and thanked Council Member Berna
for bringing it forward. He hoped the Postal Service would change their mind on the move .
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C ity Co un c il Meeting Minutes
December 19 , 2023
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Council Member Bunch moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution passed 6-0. Council Member Moore, Wiederkehr,
Berna, Bunch, Turk and Jones voted yes. Council Member Hertzberg and Stafford were
absent.
Resolution 296-23 as recorded in the office of the City Clerk
Lisa Valentine Grading Permit (Appeal Fees Waiver): A resolution to waive appeal fees for
Lisa Valentine's appeal of Grading Permit GRD-2023-0031 to the Planning Commission.
Council Member Turk stated she brought the item forward because she felt it was odd to require
a fee to appeal a grading permit. She noted the City Council had waived a previous fee for an
appeal and stated the item had a deadline of December 21, 2023.
There was a brief discussion between Counci I Member Berna and Counci I Member Turk regarding
the request to waive the fee of the appeal versus deciding whether or not the appeal was valid.
Council Member Wiederkehr stated he would cautiously be in support of the resolution because
it was the only appeal to the Planning Commission with a fee associated. He gave a brief
explanation for his reasoning on being cautious.
Council Member Moore moved to approve the resolution. Council Member Berna seconded
the motion. Upon roll call the resolution passed 6-0. Council Member Moore, Wiederkehr,
Berna, Bunch, Turk and Jones voted yes. Council Member Hertzberg and Stafford were
absent.
Resolution 297-23 as recorded in the office of the City Clerk
2024 DTF Public Safety Equipment (Grant Award): A resolution to authorize the acceptance
of a non-matching Public Safety Equipment Grant from the Arkansas Department of Public Safety
in the amount of $40,365.58 for the Fourth Judicial District Drug Task Force to purchase a
handheld narcotics analyzer, and to approve a budget adjustment.
Council Member Moore stated she had pulled the item from the Consent Agenda at the previous
City Council Agenda Session meeting because she had wanted more information.
Mike Reynolds, Chief of Pol ice apologized for his absence from the City Council Agenda Session
meeting and gave a brief explanation of the details regarding the proposal and the TruNarc
Handheld Narcotics Analyzer device. He presented a video demonstration of the narcotics analyzer
device and a video of the Bartlesville, Oklahoma Police Department using said device. He stated
the Arkansas Department of Public Safety was requiring that Mayor Jordan sign the Public Safety
Equipment Grant by December 29, 2023. He noted Scott Fitzgerald was present to answer any
questions the City Council had.
113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov
City Council Meeting Minutes
December 19 , 2023
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Council Member Moore requested clarification regarding the effectiveness of the device .
Mike Reynolds stated the device 's effectiveness ranged from I 00% -78%. He noted Scott
Fitzgerald might be better suited to answer the question.
Scott Fitzgerald, Presenter gave a brief explanation of the device and stated it had a false positive
rate of less than I/ IO of I %. He stated that Raman Spectroscopy was a Category A Lab Technique
and spoke of the different areas and agencies that used the device.
Council Member Turk stated she was in support of the technology and thanked Chief Reynolds
for bringing the item forward.
Council Member Bunch thanked Chief Reynolds for his presentation and believed it was
something the city should have to keep everyone safe. She would be in favor of the resolution .
Council Member Jones thanked Chief Reynolds and Scott Fitzgerald and would be in support of
the resolution . He briefly spoke of the increase in the opioid crisis and how officers were
continuing to come in contact with dangerous substances , so he would be in support.
Council Member Moore thanked Chief Reynolds for his detailed presentation.
Council Member Berna moved to approve the resolution. Council Member Bunch seconded
the motion. Upon roll call the resolution passed 6-0 . Council Member Moore, Wiederkehr,
Berna, Bunch, Turk and Jones voted yes. Council Member Hertzberg and Stafford were
absent.
Resolution 298-23 as recorded in the office of the City Clerk
Entegrity Energy Partners (Solar Services Agreement): A resolution to approve a 25 year Solar
Services Agreement with Entegrity Energy Partners, LLC that is anticipated to offset 6,538 ,454
kwh of the city's annual electricity consumption from Southwestern Electric Power Company and
produce an estimated $7 million in savings over the life of the contract.
Chris Brown , Public Works Director stated Fl int Richter with Entegrity Energy Partners and Chris
McNamara from the City of Fayetteville's Sustainability Department were available for questions
on this item. He gave a brief overview of the resolution and noted the memo the City Attorney had
distributed with concern regarding the relationship that existed with Entegrity Energy Partners and
Peter Nieren garten , Environmental Director with the City of Fayetteville. He noted the City of
Fayetteville had a policy that stated immediate family members and city employees should not
have a substantial financial interest in an organization doing business with the city , except when it
was in the be st interest of the city. He felt as though the process this item had went through was
designed to se lect the be st contractor for the City of Fayetteville and believed the policy had been
met. He gave a brief explanation of the project's statistics and noted there was an amended
resolution that recognized the indirect financial interest of the Sustainabi I it y Director and
determined that the contract was in the be st interest of the City of Fayetteville.
113 West Mountain Fayetteville , AR 72701 (479) 575-8323 www .fayetteville-ar .gov
City Council Meeting Minutes
December 19 , 2023
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There was a brief discussion between Council Member Bunch and Chris Brown regarding who
was in the City of Fayetteville's Selection Committee, which had reviewed the proposal. It was
answered that the Selection Committee included Wade Abernathy , Chris Brown , Steve Dotson ,
Jared Rayburn, Council Member Turk, Chris McNamara, Les McGaugh and Alison Jumper.
Council Member Berna voiced his concern that the City Council was being asked to approve an
amended resolution that stated the contract was in the best interest of the City of Fayetteville, when
the City Council had not seen the other proposals to compare. He questioned if the second meeting
the Selection Committee had was for additional questions only.
There was a brief discussion between Counci l Member Berna and Chris Brown regarding the
meetings the Selection Committee had for the proposals. Chris Brown stated that in the proposal
itself, the potential conflict was identified , and it was stated that Meredith Hendricks with Entegrity
Energy Partners would not be part of the project, yet she had shown up to an interview for the
proposal. Council Member Berna requested that Flint Richter explain why Meredith Hendricks
had been present at the interview when Entegrity Energy Partners had been aware of the conflict.
Flint Richter explained that during the interview, Entegrity Energy Partners had not had the
project secured and he explained how none of the funds would have went through Meredith
Hendrick 's division . He stated Meredith had not been involved once the project had been secured
and explained how it had been an honest mistake to include her during the initial interview .
Council Member Berna applauded Meredith Hendrick 's background but believed the company
had put her and the city in a bad spot by including her in the initial interview.
There was brief discussion between Council Member Wiederkehr and Flint Richter regarding how
many employees and divisions Entegrity Energy Partners had. Flint Richter answered that the
company had around 120-125 employees, an Energy Services Division , a Solar Division and a
Sustainability Division.
Council Member Turk and Chris Brown discussed whether Peter Nierengarten would be involved
in any aspect of the project. It was stated that Peter Nierengarten would not be involved , and that
Chris Brown would be leading the project along with Chris McNamara.
Council Member Turk stated she had been on the Selection Committee and believed they had
excellent discussions and great applicants .
City Attorney Kit Williams gave a brief explanation of the proposed resolution he had
distributed. He believed the resolution needed to be amended so that it was clear for future
contracts. This ensured historically that the City Council had looked at the is sue regarding the
conflict and had made their final determination.
Council Member Berna would not be in support of the resolution because he struggled with
saying the project was in the best interest of the citizens of Fayetteville without being able to
review the other contracts .
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There was a brief discussion of what the resolution was being amended to.
Council Member Turk moved to amend to add that the current Environmental Director
disclose to the City Council his indirect financial interest. Council Member Moore seconded
the motion. Upon roll call the motion passed 4-2. Council Member Moore, Bunch, Turk and
Jones voted yes. Council Member Wiederkehr and Berna voted no. Council Member
Hertzberg and Stafford were absent.
There was a brief discussion between Council Member Moore and Chris Brown regarding whether
or not a scoring matrix had been done during the Request for Qualifications and questioned if the
Selection Committee had discussed the conflict of interest. Chris Brown answered that there had
been a scoring matrix and he had received a summary of the first and second place votes from the
Purchasing Department. He did not recall having any conversations regarding the conflict during
the Selection Committee meetings. Council Member Turk stated that the members of the Selection
Committee had not talked about the conflict in either of their meetings.
Council Member Wiederkehr gave a brief explanation of why he had not been in support of the
amendment to the resolution; being that he felt it rare to publish someone 's name in a resolution
to say that they had done nothing wrong. He believed Council Member Berna's concerns were
appropriate and spoke of how he wanted the City Council to be mindful that they were not
punishing either a city employee or their spouse when the city employee had done nothing wrong.
He did not believe the city could financially afford to preclude individuals when the cost of labor
and materials had escalated and believed the city needed every conceivable bidder and respondent
to every project to save the taxpayers of Fayetteville money. He would be in support of the
resolution and appreciated everyone 's work.
Council Member Berna explained that he had wanted to ensure the city had done everything
needed to make the public aware of the situation and to be transparent. He stated that if he had
conveyed anything that would indicate that he was holding something against the spouse of a city
employee, that was not his intention.
City Attorney Kit Williams briefly cited state law and the ordinance the City Council had passed
regarding full disclosure and financial interest as it related to council members, officials and
municipal employees. He stated the intent behind the amended resolution was to follow the law
and fully disclose the information that needed to be disclosed so the City of Fayetteville could be
transparent and so there could be no issue in the future to challenge the resolution.
Council Member Turk believed Council Member Berna's concerns were valid and that this
incident had been a learning experience for everyone.
There was brief discussion between Council Member Berna and City Attorney Kit Williams
regarding if all conflicts of interest had been disclosed. City Attorney Kit Williams stated he
believed the city had covered all bases for state law and the city code by amending the resolution.
Council Member Moore moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution passed 5-1. Council Member Moore, Wiederkehr,
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December 19 , 2023
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Bunch, Turk and Jones voted yes. Council Member Berna voted no. Council Member
Hertzberg and Stafford were absent.
Resolution 299-23 as recorded in the office of the City Clerk
Rezoning-2023-0027: (1272 N. 59th Ave./Dickson Street Capital, LLC., 397): An ordinance to
rezone the property described in Rezoning Petition RZN 2023 -027 for approximately 0.80 acres
located at 1272 North 59th Avenue in Ward 4 from R-A , Residential-Agricultural to RMF-6 ,
Residential Multi-Family , six units per acre .
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance . He
stated staff found the request to be compatible but had mixed findings when reviewing the request
from a Long Range Planning standpoint. He stated the request would reduce the tree canopy
requirements from 25% down to 20%. He briefly spoke of the public comment that had been
received on the request, with concerns regarding traffic , parking, the narrowness of 59th A venue ,
belief that the request was incompatible with the nearby rural properties and about potential
building heights and tree clearing. He stated that at the November 27, 2023 Planning Commission
meeting, the item was forwarded to the City Council by a vote of seven to one. He noted Reed
Lynch was available as the applicant for the item.
Reed Lynch, Applicant with Dickson Street Capital , LLC stated he was available for questions .
There was brief discussion between Council Member Moore and Reed Lynch regarding why the
item had been revised to Residential Multi-Family , six units per acre (RMF-6). Reed Lynch
explained that the original request had been a mistake.
There was a brief discussion between Council Member Turk and Jonathan Curth regarding what
could potentially be developed under the proposed zoning district. Jonathan Curth gave a brief
description of the development potential on the property , citing a maximum of four units per acre
that could potentially be built due to the property 's size.
Council Member Moore spoke of the potential for more connectivity in the area and questioned
if the rezone request could accommodate for that potential connection .
Jonathan Curth stated that had not been evaluated in great detail , and he did not believe either
rezoning had a particular impact on the connectivity mentioned.
Council Member Moore moved to suspend the rules and go to the second reading. Council
Member Bunch seconded the motion. Upon roll call the motion passed 6-0. Council Member
Moore, Wiederkehr, Berna, Bunch, Turk and Jones voted yes. Council Member Hertzberg
and Stafford were absent.
City Attorney Kit Williams read the ordinance.
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December 19 , 2023
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Council Member Moore moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed 6-0. Council
Member Moore, Wiederkehr, Berna, Bunch, Turk and Jones voted yes. Council Member
Hertzberg and Stafford were absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0.
Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Jones voted yes. Council
Member Hertzberg and Stafford were absent.
Ordinance 6714 as Recorded in the office of the City Clerk
Announcements:
Susan Norton, Chief of Staff stated City Hall would be closed for Christmas from December 25-
26, 2023. She briefly spoke of Recycling and Trash services being delayed for the holidays and
noted that the next Agenda Session would be on Thursday , December 28 , 2023. She thanked Linda
Barton Paul for playing her music in City Hall.
Mayor Jordan wi s hed everyone a Merry Christmas and thanked everyone for their work .
City Council Agenda Session Presentations:
Economic Vitality Update -Devin Howland
City Council Tour: None
Adjournment: 7:09 p.m.
113 West Mountain Fayetteville , AR 72701 (479) 575 -8323 www .fayetteville-ar .gov