Fayetteville City Council recap: Aug. 2, 2022

Flyer file photo

On the agenda…

  • Razing and removing a structure at 2860 E. Wyman Road.
  • Rezoning 2.99 acres on Skillern Road.
  • Reducing right-of-way on East Sparrow Circle.
  • Approving the 2023 employee benefits package.
  • Prohibiting overnight parking of large vehicles on city streets.
  • Vacating a portion of right-of-way at 9 S. Block Ave.

» Download the full agenda

Meeting info

A meeting of the Fayetteville City Council began 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.


Roll call

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 Consent agenda vote. Jones left after the Unfinished Business votes.

» View current attendance records


City Council Meeting presentations, reports and discussion items

1. Monthly Sales Tax 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 July 19, 2022 City Council Meeting Minutes
Pass 7-0

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.
Pass 7-0

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.
Pass 7-0

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.
Pass 7-0

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.
Pulled from Consent and moved below

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.
Pass 7-0

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.
Pass 7-0

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.
Pass 7-0

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.
Pass 7-0

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.
Pass 7-0


Pulled From Consent

1. 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.
Pass 8-0

Background:
This item was pulled from Consent by Councilmember Sonia Harvey at the request of some constituents.

Discussion:
Natasha Coleman, chair of the Community Development and Assistance Programs Advisory Board, said the group would like the council to hold off on approving the item and send the resolution to the board for discussion about potentially changing the use of the funds.

Yolanda Fields, the city’s community resources director, said the grant money is for renewal funding that is time-sensitive and is needed to pay rental costs for homeless people.

Councilmember Kinion said the council’s only decision is whether to approve what the Department of Housing and Urban Development (HUD) is offering to send. He said while it might be nice to use the money for purposes other than what is specified in the grant agreement, the city has no authority to make any changes to what is being offered.

Fields agreed, and said the parameters of the grant are organized by HUD and it’s up to the city to decide whether it wants the housing funds or not.

“We can say we don’t want the money and then return it, but we can make changes,” Fields said. “Everything is dictated by HUD.”

Decision:
The council voted 7-0 to approve the resolution.


Unfinished Business

1. Raze and Removal of Structure at 2860 E. Wyman Rd. (Details)

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.
Tabled 8-0 until Oct. 4

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

Location:

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.

Aug. 2 Discussion:
The homeowner’s daughter said more time is needed to get the home into compliance. She said significant progress has been made on the property, and her father has moved out so there is no longer any danger to him. She asked the council for 60 more days for her family to work on the property, which could include razing the home themselves.

Councilmember Scroggin said he hopes the council will agree to give the family more time.

Councilmember Bunch said she’s concerned for the safety of the family if they’re demolishing a home with the utilities still turned on. The homeowner’s daughter said the utilities are set to be disconnected tomorrow.

The council agreed to table the item until the Oct. 4 meeting.


2. RZN 22-022 (3061 E. Skillern Rd./Bearden) (Details)

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.
Pass 8-0

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.

Location:

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.

Aug. 2 Discussion:
The applicant said he listened to the neighbors, and has decided not to offer a Bill of Assurance. He said he’s only asking for the same zoning district that the majority of his neighbors currently have, which is RSF-4.

Scroggin said he knows people are concerned that one day the property could include 4 units per acre, but the geography of the property would make it very difficult to maximize that allowance. With the owners only asking for a single-family use, he thinks it’s a very reasonable request.

Hertzberg agreed, and said she doesn’t think the owners should be required to provide a Bill of Assurance just to rezone their property to the same district their neighbors already have.

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


New Business

1. Dedication of Reduced Right of Way of East Sparrow Circle (Details)

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.
Pass 7-0

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.

Location:

Discussion:
City Attorney Kit Williams said this item was pulled from Consent before tonight’s meeting to correct a typo that originally stated the distance was 24 feet instead of 44 feet. The council voted 7-0 to amend the resolution to include the correct distance.

There was no public comment.

Decision:
The council voted 7-0 to approve the resolution.


2. 2023 Employee Benefits Package (Details)

A resolution to approve the 2023 employee benefits package.
Pass 8-0

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.


Discussion:
Bunch said while there was a lot of contention over last year’s benefits package, she hasn’t heard from anyone who has any concerns about this current package. Kinion agreed and said it looks like a good plan.

Decision:
The council voted 7-0 to approve the resolution.


3. Amend §72.15 Parking Restrictions on City Street in General and for Large Trucks, Tractors and Trailers and Non-Emergency Repairs (Details)

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.
Pass 7-0

Background:
Police staff said they receive complaints about RVs and 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 be parked on city streets between midnight and 6 a.m.

Discussion:
Chief Reynold said there are about a half dozen complaints per year. He said one person complained about a neighbor’s RV parked for an extended time in front of their home. Officers later determined the RV was being parked there “out of spite.”

Council members asked if there have been any complaints about converted school buses. Reynolds said there have not been any issues with school buses, just RVs that are parked for an extended amount of time in residential areas. He’d bring an amendment if problems arise with other vehicles, he said.

One person who spoke said the ordinance should be amended to only apply to streets that are too narrow to allow for an RV since there are some places where the roads are wide enough to hold RVs while still allowing traffic to pass through. Another said the law might not be necessary with so few complaints.

Scroggin asked if this type of violation is something officers drive around looking for. Police Chief Mike Reynolds said no, these types of violations are strictly complaint-driven. “We’d first try to reason with the folks to warn them and try to educate them on the law before we moved to anything like a ticketing situation,” Reynolds said.

Scroggin said it’s still OK for RV owners to park in their own driveways, so he’ll support the ordinance.

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


4. Amend §51.170 Standard Specifications for Water and Sewer Lines (Details)

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.
Pass 7-0

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:

  • Clarification on responsible parties, applicability and variances
  • Domestic Steel requirements
  • Allowances for new construction methods and materials
  • Clarification on easement and building offset requirements from utilities
  • Consistency between specification language and standard detail drawings
  • Sewer Lift Station specs updated to match current practices and standards
  • Updated references to other city standards (e.g., Minimum Street Standards)
  • Clarification to common field-questions from engineers and contractors
  • Limitations on frequency of repairs to new lines, requiring engineer involvement

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 7-0 to approve it.


5. J.A. Riggs Tractor Company d/b/a Riggs Rental Services (Details)

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.
Pass 7-0

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.

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 7-0 to approve it.


6. J.A. Riggs Tractor Company d/b/a Riggs Cat (Details)

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.

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 7-0 to approve it.


7. VAC 22-017 (9 S. Block Ave./Holcomb) (Details)

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.
Pass 7-0

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:

  1. Any damage or relocation of existing facilities will be at the property owner/developer’s expense; and
  2. The existing water meters within the vacated right-of-way must be relocated at the property owner/developer’s expense. The remainder of the right-of-way should contain the existing water line and relocated water meters.

Location:

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted 7-0 to approve it.


Adjourned

This meeting was adjourned at 7:43 p.m.

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