Fayetteville City Council recap: Jan. 17, 2023

(Flyer photo, File)

On the agenda…

  • Razing a structure on Coach Road.
  • Vacating property around the UA campus.
  • An ARPA funds agreement with Upskill NWA.
  • An ARPA funds agreement with Legal Aid of Arkansas.
  • A change to the Rules of Order and Procedure.
  • A temporary hire to the Finance and Internal Services department.

» Download the agenda

Meeting info

A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Jan. 17, 2023 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, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None

» View current attendance records


City Council Meeting Presentations, Reports and Discussion Items

1. Martin Luther King, Jr. Brotherhood Award

Presented by City Attorney Kit Williams

Notes:
This year’s award goes to Heather Ellzey, the city’s environmental educator.

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 Jan. 3, 2022 City Council Meeting Minutes.
Pass 8-0

2. Bruckner’s Truck & Equipment (Details): A resolution to waive the requirements of competitive bidding and approve the repair of Fire Ladder 3 by Bruckner’s Truck & Equipment for the estimated amount of $37,845.58, and to authorize the use of Bruckner’s for future repairs of heavy duty vehicles and fire apparatuses that may exceed $35,000.00 on an as-needed basis through Feb. 4, 2025.
Pass 8-0

3. Dana Safety Supply, Inc. d/b/a Fleet Safety (Details): A resolution to amend Resolution 122-19 and authorize the extension of the contract with Dana Safety Supply, Inc. d/b/a Fleet Safety to continue utilizing the GSA contract for the purchase of emergency lights and related equipment through July 31, 2027, and any future renewal periods.
Pass 8-0

4. Crafton, Tull & Associates, Inc. (Details): A resolution to approve a professional engineering services agreement with Crafton, Tull & Associates, Inc., pursuant to RFQ 22-01 Selection #13, in an amount not to exceed $321,238.00 for design services associated with the Cato Springs Sewer Extension and Lift Station Project, and to approve a project contingency in the amount of $16,062.00.
Pass 8-0

5. 2022 Justice Assistance Grant (Details): A resolution to authorize acceptance of a 2022 Justice Assistance Grant in the total amount of $84,326.00 which will be used to purchase law enforcement equipment and supplies for the Fayetteville Police Department, Springdale Police Department and the Washington County Sheriff’s Office, and to approve a budget adjustment.
Pass 8-0

6. Contract Amendment #1 With Genesis Church (Details): A resolution to approve Amendment 1 to the memorandum of agreement with Central United Methodist Church, Inc. d/b/a Genesis on MLK to provide funding in the amount of up to $100,000.00 for the Fayetteville Litter Abatement Program.
Pass 8-0


Unfinished Business

1. Raze and Removal of Structure at 3301 S. Coach Road (Details)

A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Kevin Roy Calhoun located at 3301 S. Coach Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $17,500.00.
Tabled 8-0 until July 18

Background:
City staff said a formal case was opened for this property on June 29, and that the property has faced corrective action from code violations on three separate occasions, and has a history of non-compliance with city code for over a decade. Besides grass and vehicle violations, staff said the structure has now deteriorated past the point of repair.


Location:

Dec. 6 Discussion:
Staff said the home has been vacant for at least six years.

Several councilmembers said they were worried about the safety of anyone who enters the home.

There was no public comment.

Bunch suggested tabling the item for two weeks before authorizing the raze and removal of the structure. The council agreed, and voted 8-0 to table the resolution until Dec. 20.

Dec. 20 Discussion:
The homeowner emailed the City Council today and said he plans to manage the removal of the structure himself. City staff said they gave him the information he’d need to get started, including how to get the proper permits.

Turk suggested tabling the item until the second meeting in January to give the homeowner time to take action. The council voted 8-0 to table the resolution. The discussion will continue on Jan. 17, 2023.

Jan. 17 Discussion:
The homeowner said he has talked to city staff about obtaining a demolition permit, which he plans to do in the next week or two. He said he regrets forcing the council to the point of needing to take action.

The council agreed to give the homeowner six months to complete the demolition, and request a progress report in four months. The discussion will continue on July 18.


2. VAC 22-024 – Razorback Road, Maple Street, etc. (Details)

An ordinance to approve VAC 22-024 for property located along Razorback Road, Maple Street, Garland Avenue, Cleveland Street, Hill Avenue, Martin Luther King Jr. Boulevard and Lt. Colonel Leroy Pond Avenue in Wards 1 and 2 to vacate portions of street rights-of-way.
Left on the second reading

Background:
The applicant proposes to vacate 18 separate pieces of public right of way totaling 6.54 acres along seven streets. In turn, a dedication of right-of-way totaling 1.43 acres is proposed along Razorback Road and between Nolan Richardson Drive to the south and Maple Street to the north. With this request, the applicant noted in their letter that existing utilities will be protected through easement dedication. Additionally, the applicant asserts that vacating the right-of-way will remove current and future sections of Senior Walk, landscaping, lights, and trees from the city’s responsibility.

City planners and the Planning Commission recommend approval with the following conditions:

  1. Easements shall be dedicated for any existing facilities associated with this right-of-way vacation request, with review and coordination by the applicant with the utility provider, including the client properly identifying utilities in the field by means of surveying, pot holing, and coordinating with representatives.
  2. Adequate accommodation for pedestrian access must be maintained whether through easement or agreement.
  3. The applicant must dedicate right-of-way to the back of curb in any areas where right of way does not currently exist.
  4. The applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master street plan right of way in areas where sidewalk does not currently exist.
  5. Signal poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the areas where poles and appurtenances are located.
  6. Drainage easements must be dedicated in areas of existing drainage facilities.
  7. An agreement will need to be developed establishing responsibility (or lack thereof) for repairs to non-typical features behind the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way, including drainage facilities and water/sewer lines. The City will not be responsible for maintenance or repair of anything except a standard sidewalk.
  8. Any damage or relocation of existing facilities will be at the property owner/developer’s expense.
  9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and signed by the Mayor.

Location:

Jan. 3 Discussion:
There was no public comment. Turk said she’d like the leave the ordinance on the first reading to allow more time to consider the proposal.

The council agreed. The discussion will continue on Jan. 17.

Jan. 17 Discussion:
There was no public comment.

Councilmember Turk suggested holding the discussion until the next meeting to allow time for the city’s Town and Gown Advisory Committee to hear the proposal next week. The council agreed, and the discussion will continue on Feb. 7.


New Business

1. Amend Rules of Order and Procedure (Details)

A resolution to amend the rules of order and procedure of the Fayetteville City Council to clarify that an agenda applicant shall include the appellant from a final decision of the Planning Commission or city staff.
Pass 8-0

Background:
Councilmember Turk has requested a change to ensure that the person appealing an adverse final decision of the Planning Commission or city staff shall be treated as an “agenda applicant” who must present their proposal first, and who would have 10 minutes for their presentation. City Attorney Kit Williams said although the appellant will most often be a City Council member, that person may yield their time to a citizen for the 10-minute presentation.

Discussion:
There was no public comment.

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


2. Excellerate Foundation d/b/a Upskill NWA (Details)

A resolution to authorize Mayor Jordan to sign a subrecipient agreement with Excellerate Foundation d/b/a Upskill NWA for job training and placement services for lower-income Fayetteville residents into higher wage, high demand occupations utilizing American Rescue Plan Act funds in the amount of $742,223.00, and to approve a budget adjustment.
Pass 8-0

Background:
Councilmember Hertzberg sponsored this proposal which would move ARPA funds to Upskill NWA, a group that provides job training and placement services for lower-income Fayetteville residents seeking higher wage and high demand occupations.

The funds would be applied toward direct educational expenses, which includes tuition, books, school supplies, and other school related fees, and wraparound support to address barriers that might bar participants from attending class regularly, which may include transportation, child care, housing assistance, and mental health resources, according to city documents.

Discussion:
Berna said the region is on the cusp of a surge in healthcare-related jobs, and Fayetteville should be the leader when it comes to job training, so he’s in favor of the proposal.

Harvey said the program works well for non-traditional students, which she appreciates.

Wiederkehr and Jones also spoke favorably about the program.

About a half dozen people spoke in favor of the proposal, some who have been helped by the program in the past.

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


3. Legal Aid of Arkansas (Details)

Pass 8-0
A resolution to authorize Mayor Jordan to sign a subrecipient agreement with Legal Aid of Arkansas to provide education, outreach, and legal services to Fayetteville residents terminated from Medicaid coverage utilizing American Rescue Plan Act funds in the amount of $92,156.00, and to approve a budget adjustment.

Background:
Councilmember Berna sponsored this proposal which would move ARPA funds to Legal Aid of Arkansas, a group that provides education, outreach, legal advice, and legal representation to Fayetteville residents who are terminated from Medicaid coverage following the expiration of the COVID-19 public health emergency period.

The funds would be applied toward education and outreach, free legal advice, and extended legal representation, according to city documents.

Discussion:
Berna said he knows the council has a workshop planned to discuss some of the outstanding applications for ARPA funds, but Legal Aid of Arkansas representatives have said there is an upcoming expiration date that could cause some people to lose their Medicaid coverage, and they will need representation.

Moore said it’s a small investment that will make a big difference in the community.

There was no public comment.

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


4. Addition of a Temporary 0.5 Full-time Equivalent Accounting Director Position (Details)

A resolution to authorize the addition of a 0.5 temporary full-time equivalent position to the Finance and Internal Services department, and to approve a budget adjustment.
Pass 8-0

Background:
This proposal would allow the hiring of a temporary part-time position in the Finance and Internal Services department to help with the transition of the Accounting Director position when the current director retires in March. City staff said the new director will need time and assistance to learn and transition into the role, as well as assist with other complex accounting duties required by the position.

Discussion:
There was no public comment.

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


Adjourned

This meeting was adjourned at 7:08 p.m.