Fayetteville City Council recap: March 5, 2024

(File photo)

Approved:

  • Rezoning 2.4 acres near Chicory Place.
  • A staff pay and benefits study.
  • A city-wide employee compensation plan.
  • A design contract for work at Underwood Community Park.
  • Vacating easements on Bob Younkin Drive.
  • A contract for lighted pickleball courts and other park improvements.
  • A contract for the North Street Corridor Improvements Project.
  • Various vehicle and equipment purchases.

Held:

  • Implementing a permit-ready building design program.

» Download the agenda (PDF)


Meeting info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, March 5, 2024 inside City Hall in Room 219. The meeting is also available on Zoom and will be broadcast live on the city’s YouTube channel.

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


Roll call

Present: Bob Stafford, D’Andre Jones, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None

» View current attendance records


Meeting Duration

This meeting lasted 2 hours and 13 minutes, and was adjourned at 7:43 p.m.


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report – Paul Becker


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. 20, 2024 City Council meeting minutes.
Pass 8-0

2. J.A. Riggs Tractor Company – Budget adjustment (Details): A resolution to approve a budget adjustment associated with Resolution 53-24.
Pass 8-0

3. SSI of Northwest Arkansas – Service contract (Details): A resolution to award Bid #23-46 and authorize a contract with SSI of Northwest Arkansas in the amount of $541,241.00 for the construction of lighted pickleball courts, tennis court improvements, and basketball court lighting, to approve a project contingency in the amount of $50,000.00, and to approve a budget adjustment recognizing park land dedication funds from the Southwest Quadrant.
Pass 8-0

4. Kajacs Contractors, Inc. – Utility relocations (Details): A resolution to award Bid #24-22 and authorize a contract with Kajacs Contractors, Inc. in the amount of $4,349,500.00 for construction of water and sewer utility relocations along Highway 16, to approve a project contingency in the amount of $435,000.00, and to approve a budget adjustment.
Pass 8-0

5. McClelland Consulting Engineers, Inc. – Amendment No. 1 (Details): A resolution to approve Amendment No. 1 to the professional engineering services agreement with McClelland Consulting Engineers, Inc. in an amount not to exceed $218,974.41 for additional services associated with utility relocations along Highway 16, and to approve a budget adjustment.
Pass 8-0

6. Drake Field T-Hangar – Lease agreement (Details): A resolution to approve T-hangar lease agreements in 2024 at the current rental rate for all T-hangars rented at the Fayetteville Airport.
Pass 8-0

7. Alpine Aviation of Fayetteville – Lease agreement (Details): A resolution to approve a three-year lease agreement with Alpine Aviation of Fayetteville, Inc. for the hangar at 4166 South School Avenue for rent in the amount of $750.00 per month.
Pass 8-0

8. First Star Exteriors, LLC. – Service contract (Details): A resolution to award Bid #23-48 and authorize a contract with First Star Exteriors, LLC in the amount of $193,975.00 for roof replacement of the Rock Street Annex Roof. Additionally, to approve a project contingency in the amount of $19,397.50, and to approve a budget adjustment for the 2019 City Facilities Improvement Bond Project.
Pass 8-0

9. Seven Hills Homeless Center – Funding assistance (Details): A resolution to approve a contract with Seven Hills Homeless Center to provide funding assistance in the amount of $40,000.00 for maintenance and repairs at the Walker Family Residential Community Complex in 2024.
Pass 8-0

10. Benchmark Construction Company of NWA, Inc. – Service contract (Details): A resolution to approve a contract with Benchmark Construction Company of NWA, Inc. in the amount of $789,747.50 for the construction of the North Street Corridor Improvements Project Phase 1, to approve a project contingency in the amount of $80,000.00, and to approve a budget adjustment – 2019 Street Improvement Bond Project.
Pass 8-0

11. Arkansas Department of Transportation – Funding recognition (Details): A resolution to approve a budget adjustment in the amount of $1,948,635.00 recognizing Federal-Aid and state funding from ARDOT for right of way acquisition associated with improvements to Highway 112.
Pass 8-0

12. McClelland Consulting Engineers, Inc., Olsson, Inc. and GTS, Inc. – Service contract (Details): A resolution to award RFQ #24-01 selection #1 and authorize the purchase of on-call materials testing services from McClelland Consulting Engineers, Inc., Olsson Associates, Inc., and GTS, Inc. as needed through April 30, 2025.
Pass 8-0

13. McClelland Consulting Engineers, Inc., Hawkins-Weir Engineers, Inc., and Olsson Associates, Inc. – Service contract (Details): A resolution to award RFQ #24-01 selection #2 and authorize the purchase of on-call surveying services from McClelland Consulting Engineers, Inc., Hawkins-Weir Engineers, Inc., and Olsson Associates, Inc. as needed through April 30, 2025.
Pass 8-0

14. Rush Truck Center of AR – Purchase agreement (Details): A resolution to approve the purchase of an International HV dump truck from Rush Truck Center in the amount of $209,706.12 plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell cooperative purchasing contract.
Pass 8-0

15. Lewis Ford of Fayetteville – Purchase agreement (Details): A resolution to approve the purchase of a Ford F150 Lightning from Lewis Ford in the amount of $61,974.00 plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, and to approve a budget adjustment.
Pass 8-0

16. Henard Utility Products, Inc. – Purchase agreement (Details): A resolution to approve the purchase of a brush chipper from Henard Utility Products, Inc. in the amount of $54,251.60, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell cooperative purchasing contract.
Pass 8-0

17. Polaris Sales, Inc. – Purchase agreement (Details): A resolution to approve the purchase of a Polaris Ranger from Polaris Sales, Inc. in the amount of $36,499.46, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell cooperative purchasing contract.
Pass 8-0

18. Premier Trailers – Purchase agreement (Details): A resolution to approve the purchase of two trailers from Premier Trailers in the amount of $29,600.00, plus any applicable surcharges, freight charges, and delivery fees up to 10% of the original price, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
Pass 8-0


Unfinished Business

1. Rezoning-2023-0035 – NW of N. Shiloh Dr. and W. Chicory Pl./Springwoods Investments LLC, 248 (Details)

An ordinance to rezone the property described in Rezoning Petition RZN 2023-0035 for approximately 2.44 acres located northwest of North Shiloh Drive and West Chicory Place in Ward 2 from CPZD, Commercial Planned Zoning District to UT, Urban Thoroughfare.
Pass 6-2

Background:
This property is in north Fayetteville, south of the Wilson Springs Preserve. It received its current zoning in 2003, when it was rezoned to Springwoods CPZD from I-1 – Heavy Commercial/Light Industrial. The CPZD is now outdated, having expired in 2006 due to the property never being developed.

Both city staff and the Planning Commission recommend approving the request to rezone the property to UT, Urban Thoroughfare.

Location:

Feb. 20 Discussion:
One person spoke against the rezoning and said UT doesn’t fulfill all the promises of the former PZD.

Turk said the property is low-lying and UT is a high-density district, so she won’t support the request.

Stafford said he doesn’t want to leave the property in a zoning limbo where it cannot be developed by its owner. He said he’s ready to support the request. “It’s a small property at two acres,” said Stafford. “If it were 10 acres, maybe I would feel differently.”

The council advanced the ordinance to the second reading, but voted 4-4 to move to the third reading, so the discussion will continue on March 5. Turk, Hertzberg, Wiederkehr and Bunch voted against moving forward tonight.

March 5 Discussion:
Staff said the applicant has submitted a Bill of Assurance that would promise:

  1. Development of use units 17 and 18 would be prohibited on the property. Those districts are for auto-oriented businesses like gas stations and drive-thru restaurants.
  2. The developer would donate access easements to the neighboring Wilson Springs Nature Preserve, and any native plants found on the land would be donated for relocation to Wilson Springs.
  3. The self-storage building, which includes office space on the first floor, would be developed to look consistent with a submitted rendering (see below).

“We intend this to be a high-quality building and the intent with this Bill of Assurance is so you can hold us to that commitment,” said a representative for the applicant.

A representative from the NWA Land Trust said the Bill of Assurance in an ideal situation, considering they would be guaranteed to have an easement access to the nature preserve, which he said is in the only location that is suitable for vehicles to drive onto the preserve.

Hertzberg said she’d rather see housing in the area, so she likely won’t support the request.

Bunch asked if any of the Ward 2 council members have heard from any constituents who are opposed to the request. The answer was no.

Moore said a storage facility next to a nature preserve feels like a missed opportunity when the land could be used for residential purposes.

Berna said he was first against the idea because he didn’t want to see a traditional self-storage facility on the property, but after seeing the vertical rendering with interior storage units, he has changed his mind. He said the land has been for sale for many years and no residential developers have come forward, so it might not be an ideal location for housing.

Decision:
The council voted 6-2 to approve the ordinance. Hertzberg and Moore voted against.


New Business

1. Ecological Design Group, Inc. – Service contract (Details)

A resolution to approve a professional architectural services agreement with Ecological Design Group, Inc. in an amount not to exceed $262,000.00 for design services associated with phase one improvements to Underwood Community Park, to approve a project contingency in the amount of $15,000.00, and to approve a budget adjustment.
Pass 8-0

Background:
This contract with Ecological Design Group, Inc. is for design services related to the first phase of improvements at Underwood Park. EDG was selected through a RFQ process after they previously completed a master plan for the park. The current contract aims to extend the firm’s involvement to include the creation of construction and bid documents, and construction administration for the initial phase of park improvements. Phase One will focus on developing essential infrastructure like access drives, parking, restrooms, and amenities like a playground, pickleball courts, and a basketball court.

Discussion:
There was no public comment.

Decision:
The council voted 8-0 to approve the resolution.


2. Permit-Ready Building Design Program – Amendment (Details)

An ordinance to enact §166.28 Permit-Ready Building Design Program to provide for the establishment of a Permit-Ready Building Design Program and associated development requirements specific to the program’s residential buildings, and to establish an initial program area.
Left on the first reading

Background:
This amendment would create a new section of code introducing a permit-ready building design program that staff said will streamline the development process for residential buildings by establishing pre-approved design standards and a defined program area. Staff said the program aims to facilitate more attainable housing by simplifying the design process, meeting city standards, and reducing costs and permit review times. Development standards specific to the program address building design variations, parking, and sidewalk construction, among others, which staff said will offer flexibility such as reduced parking requirements.

The Planning Commission recommends approval of the program.

Discussion:
Britin Bostick, the city’s long-range planner, suggested allowing participants to pay a fee in lieu of building a sidewalk by the new homes, as required by current code. Like fees collected for new developments that goes toward park maintenance, the money would be put into a fund for building sidewalks in other places around town.

Bostick also recommended allowing all developers to pay into a sidewalk fund, whether they use the new program or not. Blake Pennington, the city’s senior assistant city attorney, said a separate ordinance would need to be drafted to make that a city-wide policy.

Most council members seemed ready to vote, but agreed to hold the item on the first reading to allow time to draft the second ordinance.

The discussion will continue on March 19.


3. Vacation-2024-0001 – North Bob Younkin Drive & West Drake Street (Details)

An ordinance to approve VAC 24-01 for property located at North Bob Younkin Drive and West Drake Street in Ward 3 to vacate five general utility easements totaling 0.108 acres.
Pass 8-0

Background:
The property is in north Fayetteville and contains three parcels that are just over one acre each. A property line adjustment has been approved to combine all three parcels into a total of 3.37 acres but has not yet been recorded. The site is currently undeveloped. A large-scale development was approved in September 2023 for the subject property, including 32 residential structures totaling 64 dwelling units. Staff said a separate right-of-way vacation request will be heard at a later date. The easements are required to be vacated in order to continue with the associated large-scale development project.

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.


4. Non-Uniformed Staff – Pay and benefits study (Details)

A resolution to approve the JER HR Group, LLC’s Non-Uniform Staff Pay and Benefits Study, to approve the 2024 Non-Uniformed Staff Pay Plan Structure, and to approve the 6.34% budget for the pay plan.
Pass 8-0

Background:
This study assessed the city’s non-uniformed staff compensation compared to similar municipalities and private/public organizations. The findings show that Fayetteville’s average pay is slightly above market by 0.80%, but some pay ranges lag behind market averages. Recommendations include a 6.34% budget increase for non-uniformed staff pay adjustments and continuation of competitive benefits.

» See details here

Discussion:
There was no public comment.

Decision:
The council voted 8-0 to approve the resolution.


5. 2024 City-Wide Employee Compensation – Compensation package (Details)

A resolution to obligate funds in the amount of $2,326,000.00 to facilitate the city-wide 2024 employee compensation adjustment.
Pass 7-0

Background:
This resolution would implement the compensation adjustments outlined in the study that’s attached to the previous agenda item.

The 2024 cost of the plan is projected to be $1,463,000 in the General Fund, and the cost for all
funds would be $2,326,000. The ongoing cost of the plan in future years would be $2,001,000 for the General Fund and $3,183,000 for all funds.

Discussion:
There was no public comment.

Decision:
The council voted 7-0 to approve the resolution. Jones was absent during the vote.


Meeting Duration

This meeting lasted 2 hours and 13 minutes, and was adjourned at 7:43 p.m.