Fayetteville City Council recap: July 5, 2022

Flyer file photo

On the agenda…

  • Raze and removal of structures on Green Acres Road and Wyman Road.
  • Rezoning 3.1 acres on Happy Hollow Road.
  • Rezoning 0.60 acres on College Avenue.
  • Rezoning 2.99 acres on Skillern Road.
  • Establishing a new stormwater utility fee.
  • Two vacation requests.

» Download the full agenda

Meeting Info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, July 5, 2022 inside City Hall in Room 219. The meeting is also available on Zoom and is broadcast live on the city’s YouTube channe l.

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

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Monthly Financial Report


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 June 21, 2022 City Council Meeting Minutes
Pass 8-0

2. Bid #22-36 David’s Roofing Company, Inc. (Details): A resolution to award Bid #22-36 and authorize a contract with David’s Roofing Company, Inc. in the amount of $95,710.50 for the repair of t-hangar roofs at Drake Field, and to approve a project contingency in the amount of $9,571.05.
Pass 8-0

3. Arkansas Full-time Law Enforcement Officer Salary Stipend Act of 2022 Grant (Act 224) (Details): A resolution to authorize acceptance of a grant from the Arkansas Full-time Law Enforcement Officer Salary Stipend Act of 2022 in the amount of $771,020.00, and to approve a budget adjustment.
Pass 8-0

4. Washington County Memorandum of Agreement (Details): A resolution to approve a memorandum of agreement with Washington County to accept funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $47,292.00 for the Police Department.
Pass 8-0

5. Yvonne Richardson Community Center Grant Application (Details): A resolution to authorize an application for a 50/50 matching grant for the construction of the Yvonne Richardson Community Center expansion.
Pass 8-0

6. Electric Motor Center (Details): A resolution to accept a quote in the amount of $38,845.40 plus applicable taxes and freight charges from Electric Motor Center for the repair of a pump used at the Gregg Avenue sewer lift station.
Pass 8-0

7. RFQ #22-01 Freese and Nichols, Inc. (Details): A resolution to approve a professional engineering services agreement with Freese and Nichols, Inc., pursuant to RFQ #22-01 Selection #6, in an amount not to exceed $131,900.00 for services associated with the rehabilitation of the Gulley elevated water storage tank.
Pass 8-0

8. RFQ # 21-01 Garver, LLC (Details): A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $255,000.00, pursuant to RFQ # 21-01, Selection 6, for design services associated with the replacement of a 24-inch waterline from South School Avenue to Martin Luther King Jr. Boulevard.
Pass 8-0

9. RFQ 22-01 Trekk Design Group, LLC (Details): A resolution to authorize a contract with Trekk Design Group, LLC, pursuant to RFQ 22-01 Selection #5, for a sanitary sewer evaluation survey in an amount not to exceed $428,290.25.
Pass 8-0

10. Bid # 22-39 Hutchinson Salt Company (Details): A resolution to award Bid # 22-39 and authorize the purchase of bulk crushed rock salt from Hutchinson Salt Company for $33.00 per ton for materials picked up and $88.40 per ton for materials delivered, and to authorize the use of other bidders based on price and availability as needed through July 31, 2023.
Pass 8-0

11. Bid #22-41 Trulove Dirt Works, LLC (Details): A resolution to award Bid #22-41 and authorize the purchase of truck hauling services from Trulove Dirt Works, LLC as a primary supplier and to authorize the use of other bidders based on price and availability as needed through Dec. 31, 2022.
Pass 8-0


Unfinished Business

1. Raze and Removal of Structures at 2141 N. Green Acres Road (Details)

A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Rose Mary Austin located at 2141 N. Green Acres Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $33,894.00.
Tabled 8-0

Background:
A fire damaged a home on Green Acres Road in April 2021, and while the owner stated their intent was to clean up the property, staff said minor work that began in the following months has since ceased. Inspections revealed piles of junk and unsafe debris remain on the property, and that there have been no repairs to the home which remains without electricity, without water service, and is open to the elements. Staff said the owner has pursued assistance from the city’s Community Resources department, but the cost of repairs exceeds the housing rehab and repair program scope. The owner stated in November an intent to sell the property, which is listed for sale.

» See photos of the property

Location:

April 5 Discussion:
The property owner said she is having financial difficulty, and doesn’t have a place to go until the home sells. She said she is currently camping in the home with her two large dogs.

Yolanda Fields, the city’s community resources director, said they could work with the applicant to try and find her some rental assistance while she waits for the home to sell.

“We want to help,” Fields said. “We will reach out again tomorrow to set up a time to visit with her.”

Scroggin said it’s possible the lot could be worth more than the cost of repairing. He said he’d like to table the item to allow more time for staff to help the property owner.

Bunch said she’s willing to take more time before deciding, but suggested a time period of 30 days since this has been an ongoing issue for a very long time. She said after 30 days the council could get an update on how the situation has evolved.

Jones said that’s a fair suggestion.

Two people who spoke during public comment said they’d also like the item to be tabled.

Jonathan Curth, development services director, said the item is at the council level because no progress has been made after many months of attempts. He said the goal is always to reach an agreement with the property owner in these situations, and if the council wants to wait 30 days, that should be plenty of time to reassess the situation and see if any progress has occurred after tonight’s discussion.

Bunch’s motion to table until May 3 passed 8-0.

May 3 Discussion:
City staff said no changes have been made to repair the property or improve the habitability of the structure since the last meeting. Some junk has been removed from the property area, however. Staff said they have also reached out to extend help to the property owner on several occasions, but the owner did not want to communicate with city staff so no offers to help have been accepted.

An attorney representing the owner said he was told by the owner that as far as she knows, nobody has reached out. He requested the item be tabled again to allow more time.

Wiederkehr asked the attorney if he would serve as the point person when communicating with the city. He answered yes.

The owner’s real estate agent said some yard work and junk cleanup has occurred. She said a dumpster has been filled and removed, and another is on site for further cleanup. Rainy weather has made cleanup difficult, she said. So far she hasn’t been able to find another affordable place to live that allows dogs, and she needs more time to solve the problem.

Council member Kinion said he thinks there’s been some progress and he doesn’t want to inhibit any possibility of a resolution before razing and removing the structure.

Turk suggested tabling the item for 60 days (until July 5), but to ask that the owner be in contact with the city herself or through someone else, that the inside of the property be cleaned up, and that the exposed parts of the home be closed in some way.

The council voted 7-0 to table (Jones was not present during the vote) the item until July 5.

July 5 Discussion:
Staff said there still have not been any repairs to the property, and no permits for repair have been made. Staff said they also reached out to the applicant’s attorney twice, and have not received any reply.

The homeowner spoke and said her niece has been having cancer treatment which has taken most of her time. She again said she has no other place to go and asked the council not to approve the raze and removal resolution.

The homeowner’s real estate agent said the house remains listed for sale and there have been some improvements made to the home including some cleanup work. The agent said the homeowner is not hurting anyone and just needs more time to take care of the problem.

One person spoke and said he was one of several volunteers who helped clean up the exterior of the property. He said he’s willing to do more, but wants to make sure there’s enough time before the home is razed. “I just need to know that my efforts are not in vain,” he said.

Scroggin said he doesn’t think the home can be brought up to code. “Whether it’s sold or not, it’s going to be a tear-down,” Scroggin said.

Scroggin asked City Attorney Kit Williams whether there’s any risk to the city to allow more time since this particular home isn’t on the verge of collapse.

Williams said he doesn’t think that would be a problem. I’m not saying it’s the right thing to do since it’s a policy issue, but I don’t think you should feel forced to (raze this particular home) because of any liability,” said Williams.

Kinion said what’s being heard tonight is a cry for compassion. Since the property has some guardians involved and someone is living inside, there’s no imminent risk to the city and more time should be granted. He suggested giving the owner another eight weeks.

Bunch said the homeowner is obviously struggling and more time is needed, but it’s concerning that it has been 15 months with no major progress. Bunch said she can’t in good conscience agree to allow the homeowner to stay in the house for another winter without any utilities.

Turk said she hopes the house is being marketed competitively to ensure it can actually be sold.

The council agreed to table the item for eight weeks.


2. RZN-2022-021 (S. Happy Hollow Road/Black Pine Construction and Development) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-021 located at 248 S. Happy Hollow Road in Ward 1 for approximately 3.1 acres from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation.
Left on the second reading

Background:
The property is about 800 feet south of the Mount Sequoyah Woods trailhead. It is developed with a single-family home. A request to rezone the property to RI-U, Residential Intermediate, Urban was brought forward in August 2021 which was ultimately denied by the Planning Commission. The applicant has not submitted an associated development proposal.

Both city planning staff and the Planning Commission recommend approval of this new request.

Location:

June 21 Discussion:
Robert Rhoads, an attorney who represents the applicant, said after the previous request was denied, the applicant listened to the Planning Commission’s comments and has revised the request appropriately. He asked that the council advance the ordinance to the third reading and approve it tonight.

Rhoads said while there are no plans yet, the applicant anticipates that there will be between 16-20 lots on the property.

Turk said she has some concerns about the request and would like to take a closer look at the property before making a decision. She suggested holding the item for two weeks until July 5. The council agreed.

July 5 Discussion:
Rhoads said it’s quite likely that the tree preservation will exceed the city’s requirements, based on the topography of the site.

There was no public comment.

Turk said after driving by the property and through the surrounding area, she thinks the requested district would allow too much density for the neighborhood.

Harvey said it’s a tough call, because she has heard some concerns about drainage and density, but the city needs more housing and there have been some improvements to the city’s development requirements when it comes to drainage.

Bunch agreed, and said the city needs more housing, especially in this part of town, so she’ll support the request.

Jones said he heard from some residents who’d like the council to wait another two weeks before making a decision.

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


Public Hearing

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

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:

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.

New Business

1. Stormwater and Flood Management Water Quality Projects (Details)

A resolution of intent to establish a stormwater utility for the purposes of funding needed stormwater and flood management water quality projects through a monthly stormwater fee to be paid by most property owners in Fayetteville, to request city staff to continue with analysis and supporting activities, and to approve the attached $199,660.00 budget adjustment.
Pass 8-0

Background:
This item would establish a stormwater utility to provide funding for stormwater and flood management projects through a monthly fee that would be paid by most property owners through their utility bill based on their property’s total impervious surface area.

If approved, the council would later vote on whether to actually impose a fee – likely sometime in 2023.

There are currently six cost tiers being considered, with fees ranging from $1.45 per month for up to 2,000 square feet of impervious surface to $8.41 per month for a home with 6,500-8,000 square feet of impervious surface.

Discussion:
There was no public comment.

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


2. Ovivo USA, LLC (Details)

An ordinance to waive competitive bidding and accept a quote in the amount of $55,334.00 plus applicable taxes and freight charges from Ovivo USA, LLC for the purchase of two macerator pumps for the Noland Water Resource Recovery Facility.
Pass 8-0

Background:
Staff said the Noland facility’s two macerator pumps are worked extremely hard in a very harsh environment. The existing pumps, staff said, have been rebuilt multiple times at an average cost of $4,000 to $5,000 plus 5-15 hours of labor. As the pumps approach the end of their useful lifespans, rebuilds and other maintenance are only becoming more frequent, making replacement the most economical option.

Discussion:
There was no public comment.

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


3. RZN 22-023 (1140 N. College Ave./Parti Investments) (Details)

An ordinance to rezone that property described in rezoning petition RZN 22-023 located at 1140 N. College Ave. in Ward 2 for approximately 0.60 acres from CS, Community Services to UT, Urban Thoroughfare.
Pass 8-0

Background:
The property is the site of the former Hi-Way Inn on the east side of College Avenue between North Street and Sycamore Street. It is fully developed with a vacant motel and associated structures. In 2019, the Fayetteville Housing Authority rezoned the property from C-2, Thoroughfare-Commercial to CS, Community Services in order to use the site as housing for veterans. The new owner of the property would like to rezone the property to UT to allow the site to once again include an operating hotel.

Both the Planning Commission and city planners 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.


4. 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.
Left on the first reading

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:

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, an attorney representing the neighbors, requested the item be held on the first reading tonight.

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


5. VAC 22-007 (2978 N. Old Missouri Rd./Old Missouri Land Development LLC) (Details)

An ordinance to approve VAC 22-007 for property located at 2978 N. Old Missouri Road in Ward 3 to vacate a portion of a utility easement.
Pass 8-0

Background:
The property is roughly 1/4 mile north of the intersection of Old Wire Road and Old Missouri Road. It is immediately north of the Keenan Towerhouse. The site is the location of a couple of recent development applications. A conditional use permit was recently approved to allow multi-family on a portion of the property, and a large-scale development is currently under review for a project composed of a mixed-use structure, townhomes, and 10 single-family residential lots. The applicant proposes to vacate a 0.18-acre utility easement.

City planners recommend in favor of the request. The Planning Commission does not hear these types of vacation requests.

Location:

Discussion:
There was no public comment.

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


6. VAC 22-015 (2584 N. Candlewood Dr./Harbaugh) (Details)

An ordinance to approve VAC 22-015 for property located at 2584 N. Candlewood Drive in Ward 3 to vacate a portion of a drainage easement.
Left on the first reading

Background:
The property is roughly a quarter-mile north of the Candlewood’s intersection with Township Street. It includes a single- family home, and an elevated driveway and retaining wall with a 24-inch corrugated metal pipe. City records indicate that the driveway and retaining wall were built without proper building permitting, review, or inspections. The applicant proposes to vacate a portion of an existing drainage easement.

City planners recommend in favor of the request under the condition that new drainage pipe be installed and approved by the city, and the old pipe filled with approved materials prior to final approval of the vacation. The Planning Commission does not hear these types of vacation requests.

Location:

Discussion:
The applicant requested the item be left on the first reading. The council agreed. The discussion will continue on July 19.


Adjourned

This meeting was adjourned at 7:45 p.m.

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