Fayetteville City Council preview: Aug. 2, 2022 | Fayetteville Flyer

2022-08-02 20:53:19 By : Mr. Denny Wood

The council will discuss raising the monthly water and sewer rates for customers who live outside the city limits. The rates would stay the same for those whose addresses are inside the city limits. The topic was first brought up in June when the council agreed to hold a public hearing, which is scheduled for tonight.

Also on the agenda is a proposal to prohibit the retail sale of dogs and cats unless they are first obtained from and in cooperation with the city’s animal shelter or another animal rescue organization.

There are currently no pet stores in Fayetteville that sell dogs or cats, though some do sponsor adoption events through the city’s animal shelter.

While there aren’t any issues at the moment, the proposal aims to prevent a situation that began in Rogers in 2019 when a pet store franchise that sells puppies from large, commercial breeders opened in the Pinnacle Hills Promenade, according to a staff memo. Since that store opened, it has garnered a lot of negative attention from customers who have purchased sick puppies with a wide variety of health issues from severe worms to Parvo, the memo states.

Tonight’s agenda also includes five rezoning requests and one vacation request.

» Download the full agenda

A meeting of the Fayetteville City Council begins at 5:30 p.m. Tuesday, Aug. 2, 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.

» View current attendance records

1. Monthly Sales Tax Report – Paul Becker

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 July 19, 2022 City Council Meeting Minutes

2. Arkansas Municipal League Vehicle Program (Details): A resolution to approve a budget adjustment in the total amount of $16,466.00 recognizing reimbursements from the Arkansas Municipal League vehicle program for damage to city vehicles.

3. Nabholz Construction Corporation Change Order No. 10 (Details): A resolution to approve Change Order No. 10 to the contract with Nabholz Construction Corporation in the amount of $505,652.42 for paving on Gregg Avenue and West Avenue, street work on West Avenue and reconciliation of contingency for additional items related to the Cultural Arts Corridor Project, and to approve a budget adjustment – 2019 Cultural Arts Corridor Bond Project.

4. Flintco, LLC Change Order No. 2 (Details): A resolution to approve Change Order No. 2 to the contract with Flintco, LLC for the construction of Fire Station No. 8 in the amount of $233,625.22, and to approve a budget adjustment – 2019 Firefighting Facilities Improvements Bond Project.

5. Special Needs Assistance Program Grant Agreements (Details): A resolution to approve the renewal of three Special Needs Assistance Program grant agreements with the U.S. Department of Housing and Urban Development in the total amount of $270,193.00 for the city to administer programs to assist homeless Fayetteville residents.

6. RFQ 22-04, Stantec Consulting Services, Inc. (Details): A resolution to authorize a contract with Stantec Consulting Services, Inc., pursuant to RFQ 22-04, in the amount of $69,610.00, to develop a citywide Heritage and Historic Preservation master plan.

7. RFQ 22-01, Selection 9, Ecological Design Group, Inc. (Details): A resolution to authorize a contract with Ecological Design Group, Inc., pursuant to RFQ 22-01, Selection 9, in the amount of $65,000.00, for services related to the development of a master plan for Underwood Community Park, and to approve a project contingency in the amount of $5,000.00.

8. Bid 22-38 Hampton Equipment, LLC (Details): A resolution to award Bid 22-38 and authorize the purchase of a dryer feed conveyor for the Biosolids Management Site from Hampton Equipment, LLC in the amount of $42,340.00 plus applicable taxes and freight charges.

9. Bid 22-40, Jack Tyler Engineering, Inc. (Details): A resolution to award Bid 22-40 and authorize the purchase of a submersible pump for the Farmington Sewer Lift Station from Jack Tyler Engineering, Inc. in the amount of $108,621.00 plus applicable taxes and freight charges.

10. Christopher Alderson Sewer Overflow Damage at 727 N. Rockcliff Road (Details): A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the mayor to pay the amount of $23,749.14 to Christopher Alderson for sewer overflow damage at 727 N. Rockcliff Road.

A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Leroy H. Scharfenberg located at 2860 E. Wyman Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $17,800.00.

Background: Staff said this item was brought to the attention of the city through an anonymous complaint. A staff memo states that upon inspection, it was discovered the property includes a structure that is on the verge of collapse, with a non-functioning roof, collapsing walls and a crumbling foundation.

Staff said the owner mentioned bringing the home back into compliance in October 2021, and was given time to address the issues. The owner applied for a building permit for the work in December 2021, but never paid the fee for the permit, so on May 31, 2022 the permit was voided. Recent inspections show that no repair attempts have been made, according to city documents.

» See photos in the agenda packet

July 5 Discussion: The homeowner’s daughter spoke and said they have a plan to get her father out of the house and replace the house with a prefabricated home. She said they need at least until the end of the summer before they can get the plan together.

Scroggin said he’s OK with allowing some more time, but not too much more since the home seems to be on the verge of collapse.

City Attorney Kit Williams said he is concerned about any lengthy delays on this decision because the building safety department has determined that the house is very near collapsing.

The council agreed to allow another 30 days before a decision, and voted 8-0 to table until Aug. 2.

An ordinance to rezone that property described in rezoning petition RZN 22-022 located at 3061 E. Skillern Road in Ward 3 for approximately 2.99 acres from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4 units per acre.

Background: The property is 0.10 miles east of the intersection of Old Wire Road and Crossover Rd. It includes one single-family home. The site is currently zoned R-A, Residential Agricultural. The applicant would like to rezone the property to RSF-4, Residential Single-Family 4 units per ace.

Both the Planning Commission and city planners recommend approval of the request.

July 5 Discussion: The applicant said the plan is to add one single-family home to the property, and the rezoning is needed to build the home the way they want with certain setbacks.

Scroggin said some residents have told him they’d prefer RSF-2 instead of RSF-4, so he asked whether the applicant could still build their home in that district. The applicant said the setback requirements of RSF-2 would not allow a proper lot split to build the second home. Staff said the city’s updated tandem lot option could be a solution within RSF-2.

Hertzberg said she doesn’t think RSF-4 is a problem for the area, especially considering the property is mostly surrounded by RSF-4. She said all the of concerns she’s heard from neighbors were alleviated by the applicant’s statement that the plan is to only build one additional home.

Robert Rhoads, a resident who lives nearby, requested the item be held on the first reading tonight.

The council agreed. The discussion will continue on July 19.

July 19 Discussion: Robert Rhoads, a resident who lives nearby, said he would like the council to hold the item on the second reading to allow more time to discuss the request with the applicant. Rhoads said he hopes to convince the applicant to submit a Bill of Assurance that would limit density to four homes on their property.

Hertzberg said the applicant is simply asking for the same property rights as their surrounding neighbors and it isn’t fair to ask them to limit density on their property when the other neighbors don’t have to do the same.

Scroggin said he’s fine waiting, but he agrees with Hertzberg in that RSF-4 is an appropriate district for an area that is already mostly zoned RSF-4.

The ordinance was left on the second reading. The discussion will continue on Aug. 2.

A resolution pursuant to § 166.04(b)(2) of the Fayetteville Unified Development Code to approve the dedication of a reduced amount of right of way on East Sparrow Circle of the Creekside Meadows Subdivision in Ward 1 to 44 feet from the centerline of East Sparrow Circle, and to reduce the Master Street Plan right of way dedication requirement to 44 feet from the centerline of this portion of East Sparrow Circle.

Background: The property is at the southeast corner of 15th Street and Morningside Drive. The area recently received a Letter of Map Reduction (LOMR) from FEMA approving a change in the existing floodplain boundary. The applicant is requesting a reduction in right-of-way dedication with an associated concurrent plat of 9 residential lots from an existing 4 lots, which were approved with the final plat of the Creekside Meadows subdivision.

A resolution to approve the 2023 employee benefits package.

Background: This item is for next year’s employee benefits package.

Staff said last year’s city health claims report shows a 131.3% utilization rate of claims paid versus premiums paid, which means that Arkansas Blue Cross Blue Shield will raise premiums by 19.8% for the city’s medical plans. Blue Cross Blue Shield has offered to reduce that increase to 16.8%, but only if the city agrees to move its vision vendor from Superior Vision to VSP, which is Blue Cross Blue Shield’s preferred provider.

Under the new vision provider, staff said rates would be locked in for three years. The base plan, staff said, is similar to the current plan, but employees could choose a new option for enhanced benefits.

Dental insurance had an 85.55% claim rate last year, which means Delta Dental will raise the rate by 4.5%. Staff do not recommend changing providers.

The city’s paid life and LTD benefits provider, OneAmerica, has provided a rate hold, so staff are recommending renewing with OneAmerica.

There are no recommended changes to the city’s American Fidelity flexible spending accounts.

Staff recommends continuing with First Security Bank for the administrator of the city’s health savings accounts with no cost for services.

Staff does not recommend any changes to the city’s COBRA services.

OneAmerica has also provided a rate hold for the 2023 employee short-term disability and employee paid life insurance policies, so there are no plans to change those programs.

Finally, staff recommends continuing to offer additional supplemental benefits to employees through American Fidelity which include: Disability Income Insurance, Accident Only Insurance, Cancer Insurance, Critical Illness Insurance, Life Insurance, AF Term Life Insurance, AF Permanent Life Insurance and Hospital Gap Insurance.

An ordinance to amend §72.15 Parking Restrictions on City Street in General and for Large Trucks, Tractors and Trailers and Non-Emergency Repairs to also prohibit overnight parking of motorhomes, recreational vehicles (RVs), fifth wheel trailers and camper trailers.

Background: Police staff said they receive a lot of complaints about RVs an other large vehicles parked parked on city streets, but the current city code as it relates to those vehicles is vague and potentially unenforceable, so these changes are being proposed to make it clear that trucks, tractors or trailers “with a capacity of over one ton, or chassis thereof, or a motorhome, recreational vehicle, fifth wheel trailer, or camper trailer” are not allowed to park on city streets between midnight and 6 a.m.

An ordinance to amend § 51.170 Standard Specifications for Water and Sewer Lines and adopt the standard specifications for design and construction of water lines and sewer lines, 2022 edition.

Background: Staff said changes are needed to city code to better clarify and define the city’s expectation for construction of water and sewer infrastructure by private developers and their contractors.

Some of the changes include:

An ordinance to waive competitive bidding and accept a quote in the amount of $150,671.03 plus applicable taxes and freight charges from J.A. Riggs Tractor Company d/b/a Riggs Rental Services for the emergency rental of a 2,000 kilowatt generator for the Noland Water Resource Recovery Facility, and to approve a project contingency in the amount of $30,134.21.

Background: Staff said on July 8, a generator at the Noland Water Resource Recovery Facility failed. The engine’s wet sleeve cylinder inserts failed, which introduced engine coolant into the crankcase, according to a staff document. The engine and generator need to be rebuilt, but the facility can not operate without a generator, so a rental generator is required for this emergency.

An ordinance to waive competitive bidding and accept a quote in the amount of $251,509.00 plus applicable taxes and freight charges, from J.A. Riggs Tractor Company d/b/a Riggs Cat for the rebuild of a generator for the Noland Water Resource Recovery Facility, to approve the purchase of a 5-year warranty in the amount of $15,181.00, and to approve a project contingency in the amount of $50,301.80.

Background: This item is related to the previous item, and is for the rebuilding of the failed generator.

Riggs Cat provided a rebuild quote in the amount of $251,509.00 plus applicable taxes which will fully rebuild the generator and its engine. Riggs is currently offering a 5-year Platinum Plus warranty in the amount of $15,181.00 which will cover almost all generator faults and will also cover rental costs and travel fees in the event the rebuilt generator fails within 5 years. Riggs is the only authorized and certified Caterpillar distributor and maintenance provider for our area, staff said.

Staff said rebuilding the generator is the best options because a new generator with the same capacity would cost $2.2 million and could take a year or longer to receive.

An ordinance to approve VAC 22-017 for property located at 9 S. Block Ave. in ward 2 to vacate a 30-square-foot portion of an alley right-of-way.

Background: The property includes roughly 30-square-feet of alley right-of-way just west of the downtown square behind the building located at 9 S. Block Ave. The platted right-of-way behind Block Avenue is 10 feet wide, though the alley itself is 17 feet wide and extends beyond the platted right-of-way to the west. Neighboring buildings are currently located within the platted alley right-of-way—the building to the north currently encroaches by two feet while the building to the south encroaches by about one foot.

The applicant proposes to vacate a portion of alley right-of-way just west of the building to allow for the construction stairs on the rear side of the building in line with neighboring properties to provide access to the roof.

Both city staff and the Planning Commission recommend approval with the following conditions:

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