Bentonville resolution backs removal of dam

“What we have is a win-win. Both designs will work.” — David Wright, Bentonville parks and recreation director

BENTONVILLE — The City Council on Tuesday approved a resolution in favor of removing the Lake Bella Vista dam and allowing Little Sugar Creek to become a free-flowing stream.

The vote was 7-1. The Committee of the Whole on Monday night voted 6-1 to send the resolution to the council. Council Member Bill Burckart was the lone vote against both times. Council Member Cindy Acree did not attend Monday’s meeting.

The city Parks and Recreation Advisory Board in June 2018 voted to remove the dam and let Little Sugar Creek be restored without a side-channel lake.

Floodwaters washed out a new area of the dam on April 28. The dam was first damaged during flooding in 2008, and it was topped by flooding in 2011, 2013 and 2015. The dam is part of the 135-acre Lake Bella Vista Park.

A lawsuit regarding the dam is pending before the Arkansas Court of Appeals. City Attorney George Spence has said he doesn’t expect the court to render a decision this year. The dam cannot be removed until the case is decided, Spence said.

The Committee of the Whole considered three options: removing the dam, reconstructing it or doing nothing until the court case is decided.

Several residents on Tuesday said they favored a free-flowing stream. No resident spoke in favor of rebuilding the dam.

It could take at least 90 days to find the right qualified firm to do the project, said David Wright, parks and recreation director. Design work would include any necessary stream bank restoration.

An agreement with a qualified firm would involve work done in two area phases. Area one would be the footprint of the dam and any required stream restoration within the lake area. Area two would be relocation of the current stream farther south, Wright said.

The anticipated cost for dam removal and stream bank repairs ranges from $300,000 to $500,000, plus design fees and permitting, according to Wright.

The city can begin to work on amenities outside the footprint of the dam, which include a parking lot, restrooms, a playground and trail enhancements. Much of that design work is 90% complete, according to Wright.

In other action, the council decided to hold off on a decision for Dave Peel Park and the Bentonville Commons to gather more input from businesses and people who live in that part of the downtown area. Wright said he would visit the area for the next two weeks and report back to the council.

Under the original master plan, Dave Peel Park would remain in its present location and the commons would go across the street from the park, where a 140-spot parking lot is now. The sites would switch under the alternative master plan.

The Parks and Recreation Department set up a website about a month ago to gather feedback on what option residents preferred. Sixty percent of the 1,105 votes favored the alternative location, Wright said. The Parks and Recreation Advisory Board on Monday voted 6-3 to send the alternative plan to the City Council for consideration.

Voters in April backed the city’s $266 million bond plan for capital projects and bond refinancing by approving all nine questions on a special election ballot.

A renovation of Dave Peel Park and the building of the Bentonville Commons as part of the downtown Quilt of Parks were among the projects that voters approved. The bond will provide $5 million.

Council Member Octavio Sanchez said the bond issue was for upgrading Dave Peel Park, not for moving it to another location.

Council Member Aubrey Patterson said she had not heard anything compelling enough to make a change and that she wanted to stick with the master plan.

A few downtown business owners who spoke also said they preferred the original master plan.

Both areas are roughly the same size, and both projects are expected to cost the same — about $2.5 million to $3 million each. The city Advertising and Promotion Commission will contribute $1 million to the projects to go along with the bond money, Wright said.

Dave Peel Park covers 2 acres, one block east of the downtown square on East Central Avenue. Its fenced playground is set back from the busy street.

“What we have is a winwin,” Wright said. “Both designs will work.”

The commons will allow for a dedicated event area suited for activities such as a farmers market, Friday night movies and musical performances, according to the city.

Wright said he could see the commons’ amphitheater being used in three-hour blocks from Thursday through Saturday nights for 36 weeks a year. He noted the music would mostly come from twoand three-piece bands.

The council also discussed premium pay for city employees using American Rescue Plan funds. The city will receive $6.94 million — $3.47 million this year and next — in rescue plan money. The city plan would involve one-time payments of $2,000 to fulltime employees and $1,500 to part-time employees. It would be prorated by the hiring date over the past 12 months.

The estimated cost is $1.5 million. The item will come back in the future for approval.

The council also congratulated Police Chief Jon Simpson on his retirement effective Thursday. A proclamation recognized Simpson for his more than 27 years of service with the Police Department. He was named chief in 2011.

Simpson received a standing ovation from the council and those in attendance.