Thursday, Aug. 18, 2022
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A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Aug. 16, 2022 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.
Present: Sonia Harvey, D’Andre Jones, Mark Kinion, Mike Wiederkehr, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch*, Teresa Turk, Holly Hertzberg
Absent: None
* Bunch arrived after the Unfinished Business vote.
» View current attendance records
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 Aug. 2, 2022 City Council Meeting Minutes
– Pass 7-02. University of Arkansas Athletic Department (Details): A resolution to congratulate the University of Arkansas Athletic Department for being selected by CBS Sports as the fifth best in the nation.
Pulled from Consent by Councilmember D’Andre Jones.
3. Amendment No. 2, Burns & McDonnell Engineering Company, Inc. (Details): A resolution to approve Amendment No. 2 to the professional engineering services agreement with Burns & McDonnell Engineering Company, Inc. in the amount of $33,880.00 for a hydraulic analysis and survey associated with a project to address scour at the South Armstrong Avenue bridge over Town Branch.
– Pass 7-0
4. Change Order No. 5 Tri Star Contractors, LLC (Details): A resolution to approve Change Order No. 5 to the contract with Tri Star Contractors, LLC for additional work associated with the Zion Road – Vantage Drive to Crossover Road project in the amount of $264,597.22, to approve a project contingency in the amount of $120,000.00, and to approve a budget adjustment – 2019 Transportation Bond Project.
– Pass 7-0
5. RFQ 22-07 Crossland Heavy Contractors, Inc. (Details): A resolution to authorize a contract with Crossland Heavy Contractors, Inc., pursuant to RFQ 22-07, in the initial amount of $78,550.00, to provide Construction Manager at Risk services for the Midtown Corridor Project, and to approve a budget adjustment.
– Pass 7-0
6. Amendment 1, Boston Mountain Solid Waste District (Details): A resolution to approve a contract amendment with the Boston Mountain Solid Waste District for environmental education and outreach services through the end of 2022 in the amount of $9,500.00.
– Pass 7-0
7. Commercial Electronics Corp (Details): A resolution to approve the purchase of a phone system recorder from Commercial Electronics Corp in the amount of $139,125.90 plus any applicable taxes and shipping charges, pursuant to a Houston-Galveston Area Council cooperative purchasing contract.
– Pass 7-0
8. Thermal Dryer at the Biosolids Management Site (Details): A resolution to approve a budget adjustment in the amount of $346,580.00 to fund site preparation work prior to the installation of the thermal dryer at the Biosolids Management Site.
– Pass 7-0
9. Amendment No. 1, Miller Boskus Lack Architects, P.A. (Details): A resolution to approve Amendment No. 1 to the professional architectural services agreement with Miller Boskus Lack Architects, P.A. in the amount of $754,200.00 for architectural services associated with the Yvonne Richardson Community Center expansion, and to approve a budget adjustment – 2022 Parks Improvement Bond Project.
– Pass 7-0
10. Change Order No. 5 JBZ, Inc. d/b/a Ellingson Contracting (Details): A resolution to approve Change Order No. 5 to the contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $148,038.00 for additional construction associated with the Woolsey Farmstead restoration project.
– Pass 7-0
11. Nabholz Construction Change Order 11, Cultural Arts Corridor (Details): A resolution to approve Change Order No. 11 to the contract with Nabholz Construction Corporation in the amount of $4,984,952.00 for West Avenue improvements and the greenway trail improvements related to the Cultural Arts Corridor Project, and to approve a budget adjustment – 2022 Cultural Arts Corridor Bond Project.
– Pass 7-0
A resolution to congratulate the University of Arkansas Athletic Department for being selected by CBS Sports as the fifth best in the nation.
– Pass 7-0
Background:
This item was pulled from Consent by Councilmember D’Andre Jones.
Discussion:
Jones said he pulled the item from Consent so a representative from the university could accept a certificate for the recognition.
Derita Dawkins, deputy athletics director for the university, accepted the certificate.
Decision:
The council voted 7-0 to approve the resolution.
An ordinance to rezone that property described in rezoning petition RZN 22-025 located at 507 S. Church Ave. in Ward 1 for approximately 0.17 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
– Pass 6-1
Background:
The property is in south Fayetteville on the west side of Church Avenue, about halfway between the street’s intersections with Martin Luther King Jr. Boulevard and Archibald Yell Boulevard. It contains one single-family home, and lies within the 71B Corridor Plan and Walker Park Master Plan areas. It received its current zoning designation of NC, Neighborhood Conservation, as a result of the Walker Park plan.
The applicant actually requested the DG, Downtown General zoning district in order to allow for a fourplex development that would be linked with the property to the west.
City planners are in favor of the original DG, Downtown General request, but the Planning Commission instead forwarded the request to the council with a recommendation for the RI-U, Residential Intermediate-Urban.
Some commissioners said they had concerns about the nonresidential uses and building heights allowed in the DG zoning district, given the established residential character of the neighborhood.
The applicant verbally supported altering the request to RI-U at the Planning Commission meeting, but has since expressed a desire to maintain their original request for DG, according to a staff memo. The applicant also inquired about possibly offering a Bill of Assurance.
Location:
July 19 Discussion:
The applicant requested the item be tabled until the Aug. 16 meeting. The council agreed.
Aug. 16 Discussion:
There was no public comment.
Turk said she thinks the current zoning is appropriate, and she won’t support the request.
Decision:
The council voted 6-1 to approve the ordinance. Turk voted against.
A resolution to authorize the acceptance of a 50/50 matching grant of up to $1,400,000.00 from the Walton Family Foundation to construct an expansion of the Yvonne Richardson Community Center and support public engagement and programming, and to approve a budget adjustment – 2019 Park Improvement Bond Project.
– Pass 8-0
Background:
This resolution would accept a matching grant from the Walton Family Foundation to help with the construction of an expansion at the Yvonne Richardson Community Center.
The facility was built in 1996 through funding by former University of Arkansas men’s basketball coach Nolan Richardson in honor of his daughter, Yvonne.
City staff said after 25 years of operating in the existing space, improvements and enhancements are needed in order to continue to further reach and serve the community and carry out the mission of the center.
Initial concepts for the expansion show a 1,494-square-foot classroom/gameroom with movable walls, and a teaching kitchen to be constructed on the parking lot in front of the existing building. An access trail next to the creek is shown just east of the buildings, which would connect Rock and Mountain streets.
» See more info in our March 7 story
Design concept:
YRCC initial expansion concept / Courtesy Miller Boskus Lack Architects
Discussion:
There was no public comment.
Council members and Mayor Jordan thanked the parks staff for their work on the project, and the Walton foundation for the funding.
Decision:
The council voted 8-0 to approve the resolution.
A resolution to approve the 2022 Community Development Block Grant (CDBG) Action Plan, to authorize Mayor Jordan to execute the CDBG agreement for 2022 in the amount of $725,638.00 when received.
– Pass 8-0
Background:
Federal funds are given to the city each year when the Community Resources Department submits an action plan to the U.S. Department of Housing and Urban Development (HUD) outlining the proposed uses of the funding. Staff said funding is based on a formula allocation process that takes into account factors like population, percent of low/moderate income persons, and number of housing units. The city’s Community Development and Assistance Programs (CDAP) Advisory Board voted to recommend the following nonprofit subrecipients be included in the 2022 plan:
If HUD approves the plan, an agreement will be received, and must be executed for the release of funds.
Fayetteville has been a CDBG Entitlement City since 1975.
Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
An ordinance to waive competitive bidding and approve the Griffin Residuals drying as a service agreement with the City of Fayetteville, to approve a contingency amount of $81,250.00, and to approve a budget adjustment.
Background:
This agreement is related to a biosolids dryer that failed in December 2021.
If approved, Griffin Residuals, LLC will install, operate, and train city staff to operate a new biosolids dryer to replace the previous dryer that failed. The machinery is owned by Griffin Residuals, and will be installed and initially operated and fully maintained by Griffin, who will also pay for the electricity and natural gas used to operate the dryer. Griffin will receive a sludge processing rate of $65 per ton with an estimated monthly sludge feed amount of 1,250 tons. After an initial three-year operation to confirm the quality and ability of the machinery and operation, the city will have the option to exercise a buy-out of the equipment for a set price of $1.995 million.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
A resolution to authorize Mayor Jordan to sign an offer to purchase approximately 1.74 acres of land located at 1125, 1137, 1153, and 1189 N. West End Ave. for the amount of $1,390,000.00 plus closing costs, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment.
– Pass 8-0
Background:
City officials would like to purchase a vacant apartment complex so it can be torn down and turned into green space as part of an effort to address flooding on the west side of town.
The proposal would authorize an offer to be made to purchase the West End apartments off Wedington Drive just east of Interstate 49. The plan, according to city staff, would be to tear the complex down and convert it into an open area.
The 50-unit complex is located in a floodway near Hamestring Creek, and tends to flood during heavy rainfall. The most recent flood in May led to nearly 30 West End residents being evacuated by emergency crews. Many of the residents lost the majority of their belongings, and some people’s vehicles were totaled. Once the water receded, the residents were all relocated to other areas, and the owner listed the property for sale.
The complex is currently under contract with another buyer, so even if the City Council agrees to the plan, the city’s purchase would be contingent on the current offer not being completed.
» Read more in our Aug. 7 story
Floodplain and floodway location:
Discussion:
One person who spoke during public comment asked what would happen to the residents of the complex. City staff said the complex is vacant, and there are no residents living in it. Another said if the city ever sells the property for future development, it would be nice if it were sold to a nonprofit that could build some low-income housing.
Two people who spoke said the neighbors in the area are in full support of the resolution because it could help alleviate some of the flooding that occurs at their homes.
Two former council members spoke, including Kyle Smith and Sarah Lewis.
Smith said West End is known as a last-chance option for affordable housing, and the city should continue working on projects that encourage more affordable housing options.
Lewis said she hopes the city can use the spirit of this proposal to help guide plans for the future. For example, she said acquiring undeveloped land could both save money and help the city stay one step ahead of flooding issues.
Scroggin said he’s advocated for the purchase of the complex since 2017, so he will support this proposal.
Turk said she agrees with Sarah Lewis, and she’ll also support the authorization.
Wiederkehr said he’ll advocate for not just a detention facility in the property, but something that is more attractive and engaging similar to what the city of Tulsa did at its Centennial Park.
Decision:
The council voted 8-0 to approve the resolution.
A resolution to approve the addition of a new full-time equivalent police officer position to be assigned to the Fayetteville Public School District as a school resource officer beginning in the 2022-2023 school year, to express the intent of the city council to add two new school resource officer positions each year thereafter until every school in the district is able to have an officer on site each school day, and to approve a budget adjustment.
– Pass 8-0
Background:
This proposal would add one new school resource officer, while also committing to adding two new officers annually until each School District campus has a full-time officer on duty every school day.
The measure is sponsored by Councilmember Holly Hertzberg who said she wants to ensure the safety and security of students, faculty and staff, but also because she believes the local school district should follow the recommendations of the state’s school safety commission.
A recent report by the Arkansas School Safety Commission recommends that every school have an armed police presence at all times during classes or major extracurricular activities.
The city currently has six school resource officers assigned to the district, which operates 15 campuses and next year will open a new middle school in west Fayetteville.
The proposal would add one new officer this year, and would express the council’s intent to add two more officers each year beginning in 2023.
The city shares the cost of paying for school resource officers with the district. Adding a new officer this year would cost $40,000. The district would reimburse the city for $23,400 of the officer’s salary, and the city would pay the remaining $16,600.
Discussion:
Police Chief Mike Reynolds gave a report with citation and arrest data from the past few years.
Last school year there were three arrests by SROs and 18 citations issued, according to the data. Of those, 62% were initiated by school officials, with 33% being initiated by an officer who witnessed a fight or another criminal act inside the school. Reynolds said 5% of the incidents were initiated after a complaint from a parent, student or other witness.
The data shows the 21 incidents during last school year was a decrease in recent years. There were 50 incidents in 2019-20, and 68 in 2018-19. Data from 2020-21 was omitted due to the COVID-19 pandemic.
The report also shows the race of those cited or arrested last year. Among the incidents, nine students were Black, eight were white, two were Hispanic and two were listed as “other.”
Reynolds showed body cam footage of Fayetteville officers responding to a shooting incident near Dickson Street in which they quickly located and apprehended a suspect without incident. He also showed footage of officers responding to the murder of officer Stephen Carr.
“As you can see, they run to the gunfire,” Reynolds said. “They don’t hide. They’re brave and their actions save lives, and they are ready to protect students and faculty in the city’s school system.”
Cheryl May, director of the Criminal Justice Institute at the University of Arkansas, said training SROs is extremely important. She said the state has made great strides in recent years to ensure officers in Arkansas are properly prepared to work with students.
“The emphasis is not to get kids in trouble, the emphasis is to help them,” May said.
Megan Duncan, deputy superintendent for Fayetteville Public Schools, agreed and said the district has recently invested heavily in counselors, student support specialists and socials workers to work alongside SROs.
Colbert said SROs are just one piece of the district’s overall approach to keeping students safe, but they are an important part of the plan. He said Fayetteville’s police department is unlike some cities where officers are often criticized for their behavior, especially toward minorities. Officers in Fayetteville, he said, have a reputation for being collaborative and supportive of all residents.
“I know what we stand for here,” Colbert said. “We are different and we are special.”
Councilmember Scroggin suggested amending the resolution to include a $3,000 optional allowance for officers to use if they want to pursue social work certificates or other counseling-related classes that could be useful on the job.
Scroggin said he knows some people believe officers should be required to pursue those types of classes, but his proposed amendment would not include a mandate.
“I don’t want a mandate, I want more opportunities,” Scroggin said.
Scroggin’s amendment was approved 8-0.
During public comment, 16 people spoke in favor of the proposal and nine spoke against.
Those against questioned the effectiveness of officers in schools, and said other options should be considered like reducing class sizes or adding more staff such as counselors or teacher aides.
Others cited studies that show the presence of SROs sometimes leads to increased school punishments, citations or arrests that have disproportionate affects on Black students or those with disabilities.
Several of those in favor were teachers or staff at the school district who said they see first-hand how SROs interact with students in Fayetteville and asked the council to please help add more officers to the ranks.
Councilmember D’Andre Jones said he’s listened to both sides, but plans to vote in favor of the proposal. He said politics seem to play a role in people’s opinions about SROs, but the council should put safety over politics, especially in a city where the police department has a good reputation.
“The responsibility is to provide safety and security for our students, teachers and administrators,” said Jones.
Kinion said it’s evident that the community is engaged in the issue and would like to see more SROs. He said it’s unfortunate that the council didn’t approve a grant two years ago that would’ve funded two new SROs.
“But I think today we can make up for that to a degree,” said Kinion.
Bunch said things have clearly shifted since two years ago when so many people spoke divisively against adding SROs in Fayetteville. She said more people are realizing that there’s a lot more to an SRO than just their presence as a police officer, and that people seem to be more understanding with each other when it comes to discussing SROs.
“It’s something that’s been really enlightening to me,” said Bunch.
Wiederkehr said the shift over the past two years likely comes from seeds that were planted during the first discussion. He said he also agrees with Bunch that Fayetteville’s ability to have a positive debate about difficult topics is refreshing.
“This level of discourse does not happen everywhere,” Wiederkehr said.
Harvey said her concerns two years ago have since been alleviated. She said the direction in which the district wants to move has become more clear now that more time has passed and more people have weighed in.
“What has changed is not only the way we are framing the conversation about school safety, but also the understanding that SROs are a key piece of the puzzle,” Harvey said.
Mayor Jordan said he was in favor of the proposal to add more SROs two years ago and he’s in favor today. He said the atmosphere in the council chambers has improved since the last debate.
“I feel much better about the conversations I heard tonight than those that I heard a couple of years ago,” said Jordan.
Jordan said his support for the proposal stems first from his confidence in the police department.
“I think we have the most outstanding, progressive and best-trained police force and best police chief that anybody could have in this state,” Jordan.
Trust in the school district is also a key factor in his support, Jordan said. “We’ve got the best school system that anybody could have in the state,” he said.
But more important, Jordan said, is the city’s responsibility to do everything possible to ensure the safety of students.
“We’re going to keep the children safe,” Jordan said.
Decision:
The council voted 8-0 to approve the resolution.
An ordinance to rezone that property described in rezoning petition RZN 22-028 located at 1466 N. Gregg Ave. in Ward 2 for approximately 0.43 acres from RSF-4, Residential Single-Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre.
– Pass 8-0
Background:
The property is roughly 150 feet northeast of the intersection of Gregg Avenue and Lawson Street. Two lots on the east side of Gregg make up the site which is currently undeveloped, and covered by tree canopy. The property slopes from the east, down towards Gregg at a consistent, approximately 15% grade. About a quarter-acre of the eastern extent of the property lies within the Hillside-Hilltop Overlay District.
Both city staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
An ordinance to rezone that property described in rezoning petition RZN 22-029 located at 1678 W. Palmer Place in Ward 1 for approximately 0.35 acres from RSF-4, Residential Single-Family, 4 units per acre to RI-U, Residential Intermediate-Urban.
– Fail 0-8
Background:
The property is situated between the University of Arkansas campus and the south slope of Markham Hill. It is roughly a quarter-mile southwest of the intersection of Center Street and Razorback Road. The property includes one single-family home. The site slopes from a high point near the northwest corner, down to the southeast corner at a consistent, approximately 14% grade.
City staff are in favor of the request, but the Planning Commission voted 5-2 to recommend denial. Commissioners who voted against questioned if the development pattern under RI-U aligned with what was intended for the area and worried about compatibility if future development attracted non-owner-occupied residents.
Location:
Discussion:
Four people spoke against the proposal during public comment.
Harvey said there’s a distinct vibe on Palmer Place that’s one of relief from all of the multi-family developments in the surrounding area. She said she can’t support a request to allow increased density on the property.
Turk said she doesn’t think the city’s drainage requirements would adequately mitigate water runoff from a potentially substantial increase of impervious surface on the steep-sloping property if it’s developed to its fullest potential, so she can’t support the request.
Wiederkehr said it’s unfortunate the property doesn’t have the enough depth to allow for a lot split to build two homes on the site. He said he thinks two new homes would be appropriate.
Decision:
The council advanced the ordinance to the third reading and voted 0-8 to deny it.
A resolution to authorize Mayor Jordan to sign an energy savings performance contract with Johnson Controls Inc., pursuant to RFQ 20-06, in the amount of $4,448,399.00, to authorize Mayor Jordan to negotiate and sign agreements with the Advertising & Promotion Commission and the Fayetteville Public Library for the payment of their respective project costs, and to approve a budget adjustment.
– Pass 8-0
Background:
In 2019, city staff identified Energy Savings Performance Contracts (ESPC) as a cost-effective funding mechanism that includes legally binding performance guarantees to reduce energy usage. Through the state-enabled program, local governments can fund energy savings improvements through the future cost savings generated by the improvements.
After putting out an RFQ, Johnson Controls was the selected for the job and in February 2021 the council approved an agreement with JCI to begin an energy audit of 250 buildings, parks, lights, and other assets. In November 2021, JCI presented the initial findings of its energy audit and over the next six months city staff narrowed the scope of projects to 84 viable energy efficiency improvements.
The city, A&P Commission and public library are negotiating reimbursement terms for the costs of projects at their respective buildings. If a reimbursement agreement is made, then those projects will be brought forward for inclusion and for council approval via a change order.
Discussion:
There was no public comment.
Kinion, who also serves on the Advertising and Promotion Commission, said without knowing the cost to the A&P, he doesn’t know if he can support the resolution.
City staff said the proposal does not include any agreements for the A&P or library. The fees for those groups, however, are locked in if those groups want to join the agreement in the future.
Decision:
The council voted 8-0 to approve the resolution.
Tonight’s meeting was adjourned at 11:13 p.m.
TOPICS: City Council recaps
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