HomeMy WebLinkAbout2024-01-02 - Minutes -Council Member Robert B. Stafford
Ward I Position I
Council Member D'Andre Jones
Ward I Position 2
Council Member Sarah Moore
Ward 2 Position 1
Council Member Mike Wiederkehr
Ward 2 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City of Fayetteville Arkansas
City Council Meeting
January 2, 2024
City Council Meeting Minutes
January 2, 2024
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Council Member Scott Berna
Ward 3 Position I
Council Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa Turk
Ward 4 Position I
Council Member Holly Hertzberg
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on January 2, 2024 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 Robert B. Stafford, D'Andre Jones, Sarah Moore, Mike
Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, 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.
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions:
Firemen's and Policemen's Pension and Relief Fund - Mayor Jordan
Mayor Jordan presented the report on the Policemen's Pension to the City Council.
City Council Meeting Presentations, Reports, and Discussion Items:
Monthly Financial Report - Chief Financial Officer
Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated
sales tax was up 1.69% compared to last year and up 5.76% on a year to date basis. He spoke of
the other percentages in the other funds. He stated the total revenue for the General Fund was up
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City Council Meeting Minutes
January 2, 2024
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5.6% and stated that it had been a good year. He stated the Street Fund was up 1 %, the Parking
Fund was down 8% and that the Parks Development Fund was up 7% compared to last year and
up 9% compared to the budget. He stated the Water and Sewer Fund was down 1% and that the
Recycling and Trash Collections were down around 3%. He stated the Airport fuel sales were
down 25%, but he was not concerned at this point in time. He stated the report was positive and
he would continue to keep an eye on the numbers in the future.
Agenda Additions: None
Consent:
Approval of the December 19, 2023 City Council Meeting Minutes
APPROVED
Railroad Crossing Elimination Grant (Administration Agreement): A resolution to approve
an agreement between the City of Fayetteville, the City of Springdale, and the Arkansas &
Missouri Railroad for the administration of a Railroad Crossing Elimination Grant.
Resolution 1-24 as recorded in the office of the City Clerk
Litter Abatement Program (Contract Amendment): A resolution to approve Amendment 2 to
the Memorandum of Agreement with Genesis Church of Fayetteville for continuation of a Litter
Abatement Program through 2024 in an amount not to exceed $100,000.00.
Resolution 2-24 as recorded in the office of the City Clerk
Seven Hills Homeless Center (Service Contract): A resolution to waive the requirements of
formal competitive bidding and approve a contract with Seven Hills Homeless Center in the
amount of $119,400.00 for services to homeless and needy residents in Fayetteville in 2024.
Resolution 3-24 as recorded in the office of the City Clerk
Fire Pension Fund (Number Change and Loan Authorization): A resolution to change the
assigned Fire Pension fund number in the 2024 Budget, to authorize the Mayor or the Mayor's
designee to loan cash from the General Fund to the Fire Pension fund for monthly benefit
payments, and to authorize the Mayor or the Mayor's designee to reimburse the General Fund
when Fire Pension taxes are received.
Resolution 4-24 as recorded in the office of the City Clerk
Arkansas One -Call System, Inc. (Service Agreement): A resolution to waive competitive
bidding and authorize the purchase of utility locating services from Arkansas One -Call System,
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Inc. in an amount not to exceed $50,000.00 per year for all city departments on an as -needed basis
through December 31, 2029.
Resolution 5-24 as recorded in the office of the City Clerk
McClelland Consulting Engineers, Inc. (Service Agreement): A resolution to approve
Amendment No. 1 to the Professional Engineering Services Agreement with McClelland
Consulting Engineers, Inc. in an amount not to exceed $48,000.00 for additional services
associated with the Greenland Sewer Cost Share Project.
Resolution 6-24 as recorded in the office of the City Clerk
City of Greenland, Arkansas (Sewer Cost Share Agreement): A resolution to approve a Cost
Share Agreement with the City of Greenland in an amount not to exceed $954,000.00 for upsizing
a portion of 12-inch sanitary sewer line to 18-inch, to approve a project contingency in the amount
of $100,000.00, and to approve a budget adjustment.
Resolution 7-24 as recorded in the office of the City Clerk
Hawkins -Weir Engineers, Inc. (Service Agreement): A resolution to approve Amendment No.
2 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an
amount not to exceed $294,800.00 for professional services associated with utility relocations
along Martin Luther King Jr. Blvd. at the I-49/Hwy-62 interchange.
Resolution 8-24 as recorded in the office of the City Clerk
Brothers Construction, Inc. (Construction Agreement): A resolution to award Bid #23-44 and
authorize a contract with Brothers Construction, Inc. in the amount of $3,963,291.00 for
construction of utility relocations associated with the Interstate 49 & Martin Luther King, Jr.
Boulevard Interchange Project, to approve a project contingency in the amount of $250,000.00,
and to approve a budget adjustment.
Resolution 9-24 as recorded in the office of the City Clerk
Highway 16 Utility Relocations (Condemnations): A resolution to authorize the City Attorney
to seek condemnation and possession of certain lands owned by individuals needed for the
Highway 16 utility relocations project.
Resolution 10-24 as recorded in the office of the City Clerk
AF&G, LLC (Service Agreement): A resolution to award Bid No. 24-01 and authorize the
purchase of pavement marking installation from AF&G, LLC in variable amounts and for varying
unit prices as needed through the end of 2024.
Resolution 11-24 as recorded in the office of the City Clerk
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Building Exteriors (Service Agreement): A resolution to award Bid #24-03 and authorize the
purchase of tree planting services from Building Exteriors, Inc. in variable amounts and for varying
unit prices as needed through the end of 2024.
Resolution 12-24 as recorded in the office of the City Clerk
Emery Sapp & Sons, Inc. (Service Agreement): A resolution to award Bid #24-04 and authorize
the purchase of asphalt paving services from Emery Sapp & Sons in variable amounts and for
varying unit prices as needed through the end of 2024.
Resolution 13-24 as recorded in the office of the City Clerk
Tune Concrete (Purchase Agreement): A resolution to award Bid #24-05 and authorize the
purchase of concrete materials from Tune Concrete as primary supplier in variable amounts and
for varying unit prices and to authorize the use of other bidders based on price and availability as
needed through the end of 2024.
Resolution 14-24 as recorded in the office of the City Clerk
Green Dream International, LLC. (Purchase Agreement): A resolution to award Bid #24-06
and authorize the purchase of aggregate materials from Green Dream International, LLC. as
primary supplier in variable amounts and for varying unit prices and to authorize the use of other
bidders based on price and availability as needed through the end of 2024.
Resolution 15-24 as recorded in the office of the City Clerk
Asphalt Materials (Purchase Agreement): A resolution to authorize the purchase of asphalt
materials for use by the Transportation Division on an as needed basis through the end of 2024.
Resolution 16-24 as recorded in the office of the City Clerk
Northwest Arkansas Winwater (Purchase Agreement): A resolution to award Bid #24-08 and
authorize the purchase of drainage pipe from Northwest Arkansas Winwater as primary supplier
and for varying unit prices and to authorize the use of other bidders based on price and availability
as needed through the end of 2024.
Resolution 17-24 as recorded in the office of the City Clerk
Scurlock Industries (Purchase Agreement): A resolution to award Bid #24-09 and authorize the
purchase of precast drainage pipe & structures from Scurlock Industries of Fayetteville in variable
amounts and for varying unit prices as needed through the end of 2024.
Resolution 18-24 as recorded in the office of the City Clerk
Precast, Inc. (Purchase Agreement): A resolution to award Bid #24-10 and authorize the
purchase of precast modular block retaining wall units from Industrial Precast, Inc. as primary
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supplier in variable amounts and for varying unit prices and to authorize the use of other bidders
based on price and availability as needed through the end of 2024.
Resolution 19-24 as recorded in the office of the City Clerk
Emery Sapp & Sons, Inc. (Purchase Agreement): A resolution to award Bid #24-11 and
authorize the purchase of high performance cold mix from Emery Sapp & Sons, Inc. in variable
amounts and for varying unit prices as needed through the end of 2024.
Resolution 20-24 as recorded in the office of the City Clerk
Geveko Markings, Inc. (Purchase Agreement): A resolution to award Bid #24-13 and authorize
the purchase of preformed thermoplastic pavement markings from Geveko Markings, Inc. as
primary supplier in variable amounts and for varying unit prices and to authorize other bidders
based on price and availability as needed through the end of 2024.
Resolution 21-24 as recorded in the office of the City Clerk
Premier Lighting Group (Purchase Agreement): A resolution to award Bid #24-14 and
authorize the purchase of lights, fixtures, and poles from Premier Lighting Group in variable
amounts and for varying unit prices as needed through the end of 2024.
Resolution 22-24 as recorded in the office of the City Clerk
Jus Ewen Transport, LLC. (Purchase Agreement): A resolution to award Bid #24-15 and
authorize the purchase of truck hauling services from Jus Ewen Transport, LLC in variable
amounts and for varying unit prices as needed through the end of 2024.
This item was pulled from the Consent Agenda
Blue Ribbon Site Services (Purchase Agreement - Screened Topsoil): A resolution to award
Bid #24-16 and authorize the purchase of delivered screened topsoil from Blue Ribbon Site
Services and the purchase of picked up screened topsoil from Keith Austin Construction Company
LLC in variable amounts and for varying unit prices as needed through the end of 2024.
Resolution 23-24 as recorded in the office of the City Clerk
Blue Ribbon Site Services (Purchase Agreement - Unscreened Topsoil): A resolution to award
Bid #24-18 and authorize the purchase of unscreened topsoil from Blue Ribbon Site Services in
variable amounts as needed through the end of 2024.
Resolution 24-24 as recorded in the office of the City Clerk
2024 Project Safe Neighborhoods (Grant Subaward): A resolution to authorize acceptance of
a Project Safe Neighborhood Grant Award in the amount of $2,862.00 for the Fayetteville Police
Department, and to approve a budget adjustment.
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Resolution 25-24 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 unanimously.
Jus Ewen Transport, LLC. (Purchase Agreement): A resolution to award Bid #24-15 and
authorize the purchase of truck hauling services from Jus Ewen Transport, LLC in variable
amounts and for varying unit prices as needed through the end of 2024.
This item was pulled from the Consent Agenda.
Mayor Jordan stated the item had been pulled to be replaced with a resolution to authorize truck
hauling services from MDM Trucking, LLC.
City Attorney Kit Williams explained how Jus Ewen Transport, LLC had not registered with the
State of Arkansas and therefore the City of Fayetteville could not do business with that company.
He stated the new resolution would be for the city to do business with MDM Trucking, LLC.
Council Member Bunch moved to amend to change the company awarded to MDM
Trucking, LLC. Council Member Berna seconded the motion. Upon roll call the motion
passed unanimously.
Council Member Hertzberg moved to approve the resolution. Council Member Turk
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 26-24 as recorded in the office of the City Clerk
Unfinished Business: None
New Business:
City Council Rules of Order and Procedure (Resolution): A resolution to adopt the Rules of
Order and Procedure of the Fayetteville City Council for 2024.
City Attorney Kit Williams explained that state law required the City Council to pass a new
Rules of Order and Procedure at the beginning of each year. He noted there had been proposed
amendments from Council Member Berna for discussion.
Council Member Berna gave a brief explanation of the amendments to the City Council Rules of
Order and Procedure he would like considered; updating the title of a link in Section H to say
Fayetteville-ar.gov, striking out the section referring to a sign in sheet for public comment and
reducing the time allotted for public comment from five minutes to three minutes.
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City Attorney Kit Williams stated the proposed amendments were viewable in the agenda packet
under additional information. He stated the City Council should consider each amendment
separately.
There was brief discussion between Council Member Jones and City Attorney Kit Williams
regarding if public comment could be taken on the proposed amendments. City Attorney Kit
Williams stated that once there was an amendment on the floor, it would be up to the City Council
on whether or not they would allow public comment on the amendment. Council Member Berna
stated he was fine with splitting the proposed amendments up into separate votes.
Council Member Hertzberg moved to amend to update the language on the website. Council
Member Moore seconded the motion. Upon roll call the motion passed unanimously.
Council Member Hertzberg moved to remove the requirement of a sign-up sheet. Council
Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
Council Member Hertzberg moved to amend to change public comment from five minutes to three
minutes. Council Member Moore seconded the motion.
Council Member Stafford felt as though three minutes should be sufficient time for individuals
to speak during public comment and believed it important to take public comment on the proposed
amendment. He had heard concerns from constituents that felt the City Council was trying to
silence them with this amendment, but he did not feel that was the case. He spoke of the other
avenues available for the public to voice their concerns to the City Council via email and phone
calls. He questioned if the City Council had noticed individuals speaking over their allotted time
during public comment on a regular basis or just for special meetings.
Council Member Berna and Mayor Jordan referenced a past City Council meeting where public
comment had been reduced from five minutes to three minutes on a topic. Council Member Berna
explained that he had brought the amendment forward because he believed the City Council needed
to be consistent so the public could come prepared to each meeting.
Council Member Moore spoke of how the City of Fayetteville was unique for being different and
believed the five minutes the city allotted for public comment at the City Council meetings
reflected that. She felt as though she made an error when voting in favor of limiting public
comment at a previous City Council meeting and she wanted to ensure that she was giving the
public access to voice their thoughts and concerns.
Council Member Bunch and Council Member Stafford briefly discussed Quorum Court and their
public comment rules.
Council Member Bunch believed there were many ways for the public to contact the City Council
Members via email, phone calls, text and utilizing the Agenda Item Comment feature, and stated
she was not too invested in whether the time for public comment stayed at five minutes or changed
to three minutes.
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Council Member Jones stated there were members of the public that could not use the various
avenues of communication available and believed the five minutes of public comment were
valuable to those citizens. He believed the amendment was a public issue and therefore requested
to hear public comment on the item. He did not want to ever risk limiting input from citizens.
Council Member Hertzberg believed that shortening public comment would encourage other
citizens to come forward and speak, so she would be in favor of the amendment.
Council Member Wiederkehr would be in favor of the amendment. He liked the idea of
individuals being more focused in their comments as a courtesy to others and did not view the
amendment as limiting the public's input.
Council Member Turk stated she was in favor of allowing public comment on the amendment.
There was brief discussion between City Attorney Kit Williams and Mayor Jordan regarding
amendments having three minutes of public comment. There were no objections from the City
Council for the amendment to receive public comment.
The City Council received 1 public comment regarding this amendment.
Council Member Turk spoke of how she valued the public's comments. She would like to try
the three minute time limit and revisit the topic if needed in the future.
There was brief discussion between Council Member Jones and City Attorney Kit Williams
regarding previous City Council Meetings where public comment had been limited.
Council Member Stafford spoke of how the City Council had been reasonable when giving
individuals more time to speak during public comment at past meetings.
Council Member Hertzberg moved to amend to change public comment from five minutes
to three minutes. Council Member Moore seconded the motion. Upon roll call the motion
passed 6-2. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg and Stafford
voted yes. Council Member Jones and Moore voted no.
City Attorney Kit Williams briefly spoke of the amended resolution and stated there could be
further amendments if the City Council wished to do so.
There was brief discussion between Council Member Moore and City Attorney Kit Williams
regarding what the proper procedure would be for the City Council to allow additional public
comment time in the future. City Attorney Kit Williams stated it would be either by unanimous
consent or by majority vote.
Council Member Hertzberg moved to approve the resolution. Council Member Bunch
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 27-24 as recorded in the office of the City Clerk
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Rezoning-2023-0033: (North of 3420 W. Mount Comfort Rd./Wiese-Goddard School, 323):
A ordinance to rezone the property described in Rezoning Petition RZN 2023-033 for
approximately 3.23 acres located north of 3420 West Mount Comfort Road in Ward 4 from R-A,
Residential -Agricultural to CS, Community Services.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated there was currently work being done on the property, which was part of the City's 2022-
2023 Sidewalk Project. He stated staff found the request to be compatible when evaluating it for
land use compatibility and briefly spoke of the variety of uses in the area. He stated staff also found
the request to be complimentary when viewing it from a long range planning standpoint. He
addressed infrastructure questions that had come up during the Agenda Session regarding sanitary
sewer access and a sidewalk in the area. He stated that if the City Council took immediate action,
the project could be put on pause to allow coordination with the potential developer to identify
curb cuts for future uses. He spoke of the public comment the item had received, with concerns
expressed by residents to the east of the property that additional traffic issues could occur. He
stated staff recommended in favor of the request and the Planning Commission felt similarly,
forwarding it to City Council unanimously. He stated Ellen Hillis was the applicant for the item.
Darrel Wiese, Property Owner stated the Goddard School purchased the southern half of the
property to rezone, but he still owned the northern half of the property.
There was brief discussion between Council Member Turk and Jonathan Curth regarding a gap
shown on the map of the property between the proposal and the property to the south. Jonathan
Curth explained the gap was the location of a detention pond as well as a shared driveway. He
gave a brief description of the building heights allowed in the different zonings.
Council Member Turk hoped that if the item were to be approved the sidewalks would not have
to be redone in the future and that there would be a time limit for all construction to be done.
City Attorney Kit Williams stated this was just a zoning decision, not a development decision,
and therefore that would not be a proper concern for the City Council to consider right now.
There was brief discussion between Council Member Turk and Jonathan Curth regarding
retroactive fee and lieu payments.
There was brief discussion between Council Member Stafford and Jonathan Curth regarding the
nearby properties and whether they were currently connected to a sewer line.
The City Council received 1 public comment regarding this ordinance.
Council Member Berna moved to suspend the rules and go to the second reading. Council
Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
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Council Member Berna moved to suspend the rules and go to the third and final reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Hertzberg disclosed that she had a family member with a financial interest, so
she would be recusing from the vote.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Member Wiederkehr, Berna, Bunch, Turk, Stafford, Jones and Moore voted yes.
Council Member Hertzberg abstained.
Ordinance 6715 as Recorded in the office of the City Clerk
Per Capita Jail Fee Agreement (Resolution): A resolution to approve the Per Capita Jail Fee
Agreement with Washington County for jail services in 2024 in the amount of $76,421.40.
Council Member Moore spoke of how Washington County was moving forward with the
expansion of its jail and stated there could be possible increases in tax liability for that expansion.
She hoped there could be consideration in the future to review the per capita agreement and
potentially look at other options that were evidence based to invest in. She briefly spoke of the
individuals in jail that had a homeless address and reflected on ways the city could use the
additional funds to create greater public safety and help the community.
Mike Reynolds, Chief of Police stated the City of Fayetteville had been using Washington
County's jail since the closure of Fayetteville's jail in 2004. He believed the agreement the City
of Fayetteville had with Washington County was a great deal in comparison to other areas in the
state and that it had been the lowest the city had had to pay. He briefly spoke of double taxation
and issues with municipalities disputing the amount of jail fees that had been imposed on them.
He stated the City of Fayetteville could possibly see a charge in the amount of $1.6 million dollars
if the city chose not to enter into the annual contract with Washington County for approximately
$76,000. He would be open to hearing any additional options the City Council wished for him to
look into to utilize in the future.
There was brief discussion between Council Member Jones and Chief Reynolds regarding how
much the City of Little Rock had paid Pulaski County for jail services. Chief Reynolds stated the
City of Little Rock had paid approximately $2.7 million dollars to utilize Pulaski County's jail last
year.
Council Member Berna clarified that if the City Council agreed to the resolution, the cost would
be approximately $76,000 and if they didn't agree, there could be a potential cost of $1.6 million.
Mike Reynolds stated that was correct and gave a brief explanation of what the other nearby cities
had to pay Washington County for jail services.
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There was a brief discussion between Council Member Turk and Chief Reynolds regarding what
the University of Arkansas paid for jail services. Chief Reynolds was unsure but assumed the
county had chosen to not impose any fees for the University of Arkansas.
Council Member Wiederkehr would be in support of the resolution because the cost of operating
a jail was far greater than the cost to Washington County. He applauded Council Member Moore
for her work on reducing bail and expunging records.
Council Member Moore thanked everyone for listening to her concerns and understood the
reasonings for support. She wanted there to be the opportunity to look at the item in the future and
carve out incentives and rewards for reducing arrests and putting fewer people in a facility.
Council Member Berna moved to approve the resolution. Council Member Jones seconded
the motion. Upon roll call the resolution passed 7-1. Council Member Wiederkehr, Berna,
Bunch, Turk, Hertzberg, Stafford and Jones voted yes. Council Member Moore voted no.
Resolution 28-24 as recorded in the office of the City Clerk
Announcements:
Susan Norton, Chief of Staff announced that due to a holiday, Recycling and Trash services would
be delayed by one day.
Kara Paxton, City Clerk Treasurer announced that Statement of Financial Interest forms, Real
Estate Holding forms and Policemen Pension Board Affidavits were due by the end of January,
2024 to the Office of the City Clerk Treasurer.
City Council Agenda Session Presentations:
Sales Tax Report - Paul Becker and Energy Report - Peter Nierengarten.
City Council Tour: None
Adjournment: 7:06 p.m.
Kara Paxton,
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