Fayetteville City Council recap: Jan. 17, 2023

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

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.

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.

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.

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.

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.

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.