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HomeMy WebLinkAbout2023-11-21 - Minutes -Council Member Robert B. Stafford Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting November 21, 2023 City Council Meeting Minutes November 21, 2023 Page 1 of 19 Council Member Scott Bema Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on November 21, 2023 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. Oath of Office: Robert "Bob" Stafford, Council Member Ward 1. Kara Paxton, City Clerk Treasurer administered the oath of office. PRESENT: Council Members Robert B. Stafford, D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 2 of 19 Walk On GRD-2023-0051: A resolution to waive appeal fees for Delani Bartlette's appeal of Grading Permit GRD-2023-0051 to the Planning Commission. City Attorney Kit Williams gave a brief description of the resolution and explained how Section 159.01 (A) of the City of Fayetteville's Unified Development Code allowed a City Council Member to present a resolution to waive or reduce development permit fees. He stated the appeal permit fee was only $100. Council Member Bunch moved to suspend the rules and add the item to the agenda. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Council Member Moore brought the item forward because she felt the individual had not realized there were fees associated with the process of the appeal and did not want those fees to pose a burden given the individuals concerns with the project. Council Member Jones appreciated Council Member Moore for bringing the item forward. Council Member Berna moved to approve the resolution and Council Member Turk seconded the motion. After roll call was taken, Susan Norton, Chief of Staff, realized Mayor Jordan had not opened up the floor for public comment. The resolution had already passed unanimously; however, the floor was opened up to ensure the public received an opportunity to speak. No member of the public came to the mic or raised their virtual hand in zoom to make a public comment on the item. Mayor Jordan closed the floor and brought the item back to the City Council for discussion. Council Member Berna moved to close debate and go straight to vote. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Council Member Berna moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 252-23 as recorded in the office of the City Clerk Consent: Approval of the November 7, 2023 City Council Meeting Minutes. APPROVED Fay Apartment Partners, LLC (Cost Share): A resolution to authorize a cost share with Fay Apartment Partners, LLC in the amount of $49,151.00 for street improvements on North Whitham Avenue. Resolution 253-23 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 3 of 19 Sweetser Construction, Inc. (Construction Contract): A resolution to authorize a contract with Sweetser Construction, Inc. in the amount of $2,315,976.00 for the construction of the Prairie Street & West Avenue Improvements Project, to approve a project contingency in the amount of $230,000.00, and to approve a budget adjustment — 2019 Street Improvement Bond Project. Resolution 254-23 as recorded in the office of the City Clerk South Delta Aviation Inc. (4230 S. School Ave Lease Agreement): A resolution to approve a three year lease agreement with South Delta Aviation for the hangar located at 4230 South School Avenue for rent in the amount of $1,400.00 per month. Resolution 255-23 as recorded in the office of the City Clerk South Delta Aviation Inc. (4248 S. School Ave Lease Agreement): A resolution to approve a three year lease agreement with South Delta Aviation for the hangar located at 4248 South School Avenue for rent in the amount of $3,177.00 per month. Resolution 256-23 as recorded in the office of the City Clerk MGT Consulting (Park Impact Fee Study): A resolution to authorize a contract with MGT Consulting, pursuant to RFP 23-15, in the amount of $48,325.00 to conduct a Park Impact Fee Study, and to approve a project contingency in the amount of $5,000.00. Resolution 257-23 as recorded in the office of the City Clerk Fayetteville Fire Department Administrative Policies (Policy Update): A resolution to approve updates to Fayetteville Fire Department Administrative Policies. Resolution 258-23 as recorded in the office of the City Clerk Gall's LLC (Purchase Agreement): A resolution to award RFP 23-17 and approve a one year contract with Gall's, LLC for police uniforms, equipment, and quartermaster services with automatic renewals for up to four additional one year terms. Resolution 259-23 as recorded in the office of the City Clerk Community Oriented Policing Services Hiring Program (Grant Award): A resolution to authorize acceptance of the 2023 Community Oriented Policing Services Hiring Program Grant in the amount of $250,000 to fund two new police officer positions for expansion of the School Resource Officer Program for a period of four years, and to approve a budget adjustment. Council Member Moore requested this item be pulled from the Consent Agenda for discussion. Council Member Bunch moved to accept the Consent Agenda as read. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 4 of 19 Community Oriented Policing Services Hiring Program (Grant Award): A resolution to authorize acceptance of the 2023 Community Oriented Policing Services Hiring Program Grant in the amount of $250,000 to fund two new police officer positions for expansion of the School Resource Officer Program for a period of four years, and to approve a budget adjustment. This item was pulled from the Consent Agenda by Council Member Moore for further discussion. Mike Reynolds, Police Chief asked what information the council would like regarding the item. Council Member Moore appreciated the diligence and professionalism that had went into the resolution, however she did not see the data or evidence that convinced her to be in support. Mike Reynolds gave a brief description of the history regarding the request. He stated that on November 2°d he had received notification that he had received the Cops Hiring Grant for $250,000 and if the City Council accepted the award tonight, it would help fund the two additional school resource officers that had been included in the 2024 budget. He gave a brief description of the details regarding the grant. Council Member Berna was in support of the proposal and acknowledged that the Fayetteville Police Force was one of the finest in the region and believed it to be something for the City of Fayetteville to be proud of. He requested to hear some of the situations the Fayetteville Police Department had been called to help with. Mike Reynolds noted that Dr. Mulford was present and supportive of adding a school resource officer in each school. He briefly described the encounters that students, school faculty members and school resource officers had throughout the school year that the resource officers were able to assist and diffuse. He estimated that around 78% of the encounters resulted in some type of distorted justice and only 22% resulted in some type of arrest or citation. There was brief discussion between the City Council Members regarding audio issues. Council Member Stafford spoke of his history regarding law enforcement and believed that any issues that would arise would be dealt with. He stated that earlier in the year when the approval to submit an application for the grant had been before the City Council, there had been a room full of parents in attendance and then a few days after the vote, a gun had been found on a student in Fayetteville. He explained how times were different from when he was younger, and that the city was now dealing with weapons and believed there needed to be people that were able to respond in a quick and appropriate manner. He would be in support of the resolution. Council Member Jones spoke of the great work the City of Fayetteville had done in order to be proactive. He noted there was an article that referenced the city's good works and the high level of professionalism of the Fayetteville Police Department. He explained that other communities looked at the work that had been done by the Fayetteville Police Department when it came to adding Social Workers and School Resource Officers. He spoke of his support of the resolution and thanked Police Chief Mike Reynolds for bringing the item forward and looking out for the City of Fayetteville. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes November21, 2023 Page 5 of 19 Council Member Hertzberg moved to suspend the rules to forgo public comment and vote immediately. Council Member Berna seconded the motion. Upon roll call the motion passed 6-2. Council Member Moore, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Stafford and Jones voted no. Council Member Moore respected and appreciated everyone's comments. She stated she was the only member of the City Council that had children in the Fayetteville School District, and she worried for their wellbeing and wanted to reiterate that she came at the proposal from a place of science, data and love. Council Member Turk moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed 7-1. Council Member Stafford, Jones, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Moore voted no. Resolution 260-23 as recorded in the office of the City Clerk Unfinished Business: None New Business: Lights of the Ozarks (Ordinance Updates): An ordinance to amend § 117.93 Lights of the Ozarks to expand the event area to include the block of East Avenue between Mountain Street and Center Street, to amend § 178.04 Outdoor Mobile Vendors to authorize food trucks and trailers to operate on the Downtown Square during certain standing events, and to declare an emergency. City Attorney Kit Williams read the ordinance. Justin Clay, Parking Manager stated that Experience Fayetteville managed Lights of the Ozarks in coordination with the Downtown Fayetteville Coalition and based on business feedback, they had requested these changes be made. He stated there was an amendment; the city may require additional safety measures to be in place as a condition of approving the closure of East Avenue. He stated Experience Fayetteville and Downtown Fayetteville Coalition staff were available to answer any questions. There was brief discussion between Council Member Turk, Justin Clay and City Attorney Kit Williams regarding concern for hours of operation for the street closure. City Attorney Kit Williams referenced Subsection (A) of the ordinance, which stated the street closure was controlled by the Mayor. Council Member Moore, "Going back to the hours of operation, I just wanted to do an additional clarifying question because we do have specified hours that we actually have the lights on so just because of their actual operation of hours that we have established, is that inferred within the ordinance that that's basically when that closure would exist or no?" 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 6 of 19 City Attorney Kit Williams, "They did have actual hours before and they actually did close East Avenue for a period of time in the evenings while the carriage was running and stuff, but they requested more time than that and so the Mayor I think agreed to give them more flexibility on their time but the city wanted to maintain the right of closure of the street and not necessarily extend that for as long as they might want. Anyway, the Mayor just wanted to remain in charge of the city streets and not to close the street for six weeks and never have it open." Mayor Jordan stated this was being done on a trial basis to see how it would work out. Council Member Berna questioned if someone had communicated with the businesses that could potentially be affected by the amendment and if they were on board with it. Justin Clay stated there had been outreach conducted within the business community and the feedback was in support of the request. Mayor Jordan explained that Kelly Rich from the Downtown Fayetteville Coalition requested the street closure. He had spoken with a few of the businesses and they had been okay with the change. Council Member Stafford stated it sounded like a great idea. He spoke of how it could help get people out of their cars to check out the lights, visit food trucks and walk to the restaurants. He noted that having the street closed for a longer period of time would also help individuals leave their setups longer instead of having to take them down each night. Kelly Rich, Director of Downtown Initiatives stated the goal was to create a safe pedestrian focused food court by utilizing East Street to place food trucks in their own separate space to help with crowd flow and allow them to set up and stay the entire six weeks of Lights of the Ozarks. Council Member Turk, "Will this also help with the electrical so there won't be generators there? Are you working toward making it a little bit calmer or silent?" Kelly Rich answered yes, that was one of the main goals. She wanted to utilize the electrical options already in place. City Attorney Kit Williams explained that Exhibit A needed a slight amendment as explained by Justin Clay. Council Member Turk moved to amend Exhibit A to include additional requirements. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 21, 2023 Page 7 of 19 Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Council Member Hertzberg moved to approve an Emergency Clause. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Ordinance 6707 as Recorded in the office of the City Clerk Vacation-2023-0002: (2395 E. Amherst Aly/Carrender, 137): An ordinance to approve VAC 23-02 for property located at 2395 East Amherst Aly in Ward 3 to vacate a 196 square foot portion of an access easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the request was to vacate an unoccupied portion of the access easement so the adjoining property owner could add a porch to their property. He stated staff found no issues with the request and had reached out to the city's Transportation and Recycling and Trash Departments, who had no concerns with the request. He stated staff recommended in favor of the vacation and noted Lance Weatherton was present as applicant for the item. Lance Weatherton, Representative for Homeowner was available for questions. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6708 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 8 of 19 Vacation-2023-0011: (2417 N. Shiloh Dr./Lewis Brothers Leasing Co., 286): An ordinance to approve VAC 23-11 for property located at 2417 North Shiloh Drive in Ward 2 to vacate portions of street right-of-way totaling 0.28 acres. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff received consent from all franchise utilities. He noted that during the Planning Commission meeting, there were questions about whether new drainage infrastructure needed to be accommodated in that area. He stated the Planning Commission had included a condition of approval that the drainage infrastructure be captured in a drainage easement and that staff agreed with that recommendation. He stated both staff and the Planning Commission recommended approval of the request with three conditions that the City Attorney read in the ordinance. He stated the Planning Commission forwarded the request to the City Council with a vote of 9-0 and there had been only one piece of public comment received in the form of an inquiry to what had been proposed. He noted Suzanne Clark was the applicant for the item. Suzanne Clark, Attorney with Clark Law Firm, PLLC stated the right-of-way was no longer in use and that her client had no objection to the conditions. She requested approval of the proposal. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6709 as Recorded in the office of the City Clerk Short -Term Rental Sunset Clause (Amendment): An ordinance to amend Ordinance 6427 and Ordinance 6625 to extend the Sunset Provision for Short -Term Rental regulations to December 31, 2024. City Attorney Kit Williams read the ordinance. Council Member Hertzberg stated the Ordinance Review Committee had met on November 1st and voted to extend the Sunset Clause to prevent the ordinance from being terminated. She stated they would meet again on November 29th to discuss possible conditions to add to the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 9 of 19 Council Member Stafford briefly spoke of how he supported Type One Short -Term Rentals and about how there was basically zero rental availability in the City of Fayetteville. He explained how individuals were getting a Conditional Use Permit so they could operate as a Type Two Short - Term Rental and then putting their homes up for sale because it added value and drove up the cost of housing. He stated the City Council was in the business of supporting the residents of Fayetteville and felt that there should be a sense of urgency, so he planned to offer an amendment to the ordinance to look at the short-term rental issue on a quarterly basis. He briefly spoke of his plans in working with the Ordinance Review Committee to bring forward future amendments. There was brief discussion between Council Member Bunch and City Attorney Kit Williams regarding what would happen if the City Council voted against extending the Sunset Clause. City Attorney Kit Williams explained how that would cause everything to go back to the way it was before the City Council passed the Short -Term Rental Ordinance, which would make them illegal. Council Member Turk questioned if the enforcement report for the noncompliant short-term rentals would be discussed at a future City Council meeting. Jonathan Curth, Development Services Director stated a summary of the report had been done at the last Ordinance Review Committee meeting, but another summary could be done at a future Agenda Session. He gave a brief summary of the current short-term rental numbers; 93 Type One Short -Term Rental business licenses had been issued, 410 Type Two Short -Term Rental business licenses had been issued, 12 Type One Short -Term Rental licenses were in review and 48 Type Two Short -Term Rental licenses were in review. He stated the City of Fayetteville was currently at 458 towards the 475 Type Two Short -Term Rental density cap. Council Member Hertzberg addressed Council Member Stafford's comments by stating the Ordinance Review Committee could meet multiple times per year and were open to suggestions. She welcomed him to email her any amendments so they could be placed on their next agenda and stated that the Ordinance Review Committees progress was reported at the City Council Meetings. There was brief discussion of how there was an Ordinance Review Committee meeting scheduled for November 29th at 5:30 p.m. It was stated that members of the public were invited to attend the meetings and comment. Council Member Berna, "Considering we have an ordinance in place allowing the short-term rentals, if we were to not approve this sunset and it goes away, doesn't that put the city in significant legal peril with property owners that presently have a short-term rental license?" City Attorney Kit Williams stated that was the reason he had suggested a Sunset Clause so that the City Council had the leeway to make changes to the ordinance. He briefly explained that since the same ordinance that made the short-term rentals legal in the first place was automatically going to sunset unless the City Council did something, then he would assert that the property owners had no property interest in their short-term rentals because it was all dependent on whether or not the ordinance continued. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 10 of 19 There was brief discussion between Council Member Berna and City Attorney Kit Williams regarding the Private Property Protection Act. City Attorney Kit Williams explained that the Private Property Protection Act was the city's biggest danger if the Sunset Clause was not extended, because it stated that if a new regulation reduced a property's value by 20% or more, the property owner could litigate against the city. He stated the Sunset Clause was automatically set to terminate and was not permanent. He explained that from a legal point of view, until the ordinance became permanent, that would be the time a property owner would have property interest in a short-term rental. Council Member Moore understood how the conversation regarding the topic had evolved over the years and how the information regarding the housing crisis and shortage of rentals had become more focused. She spoke of the Type Two Short -Term Rentals and how they were no longer available housing stock. Council Member Bunch stated that if the units mentioned were no longer short-term rentals, that still wouldn't translate to them being affordable or for rent long term. Council Member Stafford believed that some of the units would go towards long term rentals or possibly enter the housing market by becoming for sale. He questioned that if the Sunset Clause got extended, would that preclude the City Council from acting faster and possibly separating Type One Short -Term Rentals, or would they have to wait a year before doing so. City Attorney Kit Williams did not believe it would stop the City Council from acting faster if they wished to do so. He believed it would be difficult to separate the Type One Short -Term Rentals from Type Two Short -Term Rentals because in the ordinances, they had been talked about together. He briefly explained how the ordinance needed to be studied in depth in order to make a suggestion on what should happen. Jonathan Curth explained how Type One Short -Term Rentals were different than Type Two Short -Term Rentals and how the majority of amendments that had been made to the Short -Term Rental ordinance had been out of sequence with the Sunset Clause and therefore showed opportunities to make amendments year round. City Attorney Kit Williams explained the purpose of the Sunset Clause and how extending it for another year gave the City Council more time to come to a resolution. There was brief discussion between Council Member Stafford, Jonathan Curth and Council Member Turk regarding how the City Council had been working on the Short -Term Rental Ordinance since April of 2021. Council Member Stafford felt that there needed to be more urgency on the issue and offered an amendment to extend the Sunset Clause to June 30, 2024. Council Member Turk believed there was an opportunity throughout the year to make the amendments needed and didn't feel that the six month time limit would get anything moving faster. She would not be in support of the amendment to the Sunset Clause extension. Council Member Stafford moved to amend to extend the Sunset Clause to June 30, 2024. Council Member Jones seconded the motion. Upon roll call the motion failed 3-5. Council 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page I 1 of 19 Member Stafford, Jones and Moore voted yes. Council Member Wiederkehr, Berna, Bunch, Turk and Hertzberg voted no. The City Council received 5 public comments regarding this ordinance. Kara Paxton, City Clerk Treasurer addressed a public comment by stating that each year each official that ran for public office, each Planning Commissioner and all currently sitting officials had to fill out a Statement of Financial Interest and Real Estate Holding form with the City of Fayetteville. Council Member Jones appreciated the work of Council Member Hertzberg and the Ordinance Review Committee. He questioned what the harm would be in reviewing the ordinance in six months as requested by Council Member Stafford. Council Member Hertzberg stated the Ordinance Review Committee would be revisiting the ordinance next week. Council Member Jones wanted the community members to understand the process and be able to weigh in their concerns and thoughts. Council Member Berna stated his aversion to the six month proposal was that speed did not always reflect accuracy and he wanted to ensure it was right the first time He noted that at any point during the twelve months that the City Council felt they got the ordinance right; they could always bring it forward at any time. Council Member Wiederkehr commended the Ordinance Review Committee for their work. He briefly spoke of the City of New Orleans and the City of New York who were faced with lawsuits. He stated that the concentration of short-term rentals was the most challenging objective to try to come up with a rational and reasonable way to regulate. Council Member Bunch stated that knowing how much time some of the Council Members had put into coming up with a solution for the short-term rentals, she couldn't pull the rug out from under them to try to speed things up. She briefly spoke of the opportunities that were present with different committees and representatives to participate and voice concerns. Council Member Stafford explained how the city was now at month 30 and extending the Sunset Clause for an additional twelve months would make it 42 months. He questioned how many times the Ordinance Review Committee had met and stated that his understanding of the Sunset Clause was that it protected the City of Fayetteville from being sued like the cities that were mentioned above. City Attorney Kit Williams stated the Sunset Clause gave the council a lot of power and was his best ability to protect the City of Fayetteville, but there was no guarantee it would work perfectly. Council Member Stafford briefly spoke of how this topic was something he was passionate about and how he wanted urgency with the issue. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 12 of 19 Jonathan Curth stated that after their upcoming meeting, the Ordinance Review Committee will have met seven times this year. Council Member Hertzberg stated that this year, the Ordinance Review Committee had primarily focused on the concentration and enforcement issue regarding short-term rentals. She noted the city had an enforcement mechanism currently in place. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan thanked the Ordinance Review Committee for their work on the Short -Term Rental Ordinance. He briefly spoke on how long the city had been working to regulate and govern short- term rentals. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Member Wiederkehr, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Stafford, Jones and Moore voted no. Ordinance 6710 as Recorded in the office of the City Clerk Proposed 2024 Annual Budget & Work Program (Resolution): A resolution to adopt the 2024 Annual Budget and Work Program. Paul Becker, Chief Financial Officer spoke of the workshop that the City Council had two weeks prior and gave a brief summary of the proposed 2024 Budget. He stated the total Operating Budget was $241.6 million dollars, which was up roughly $25 million compared to last year. He briefly spoke of a salary survey and how the results of that survey would come before the City Council in the future for recommendation. He gave a brief description of the operating activity that the budget addressed and the new personnel that were being recommended. He gave a brief description of the General Fund and the projected revenues. He stated the goal was to produce a balanced budget with several primary goals; being financially responsible, paying competitive wages and addressing cost increases. He stated there were a lot of cost increases this year due to inflation and the difficulty of getting supplies and commodities. He stated staff felt the proposed budget was economically well based. He briefly spoke of the options the City Council had if the sales tax did not come through to the level he expected. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 13 of 19 There was brief discussion between Council Member Moore and Paul Becker regarding what the top five departments were in terms of personnel. Paul Becker stated the largest number of personnel would be the Police Department, the Fire Department, and Internal Services. Council Member Moore was curious about the incentives, one of which she noticed would take twelve months, that were budgeted for the Transportation and Public Works Department and questioned how those incentives were built. Missy Cole, Human Resources Director, "I think I heard you say about the twelve months for employees, so existing employees who met the requirements would be eligible for that twelve month step, whatever that was, step one or step two, depending on Transportation or RTC. The twelve months really applies to new people or people who maybe are six months in with the city and still need to go through some more training and education. I think we went ahead from a budget perspective and we put in all full FTE counts and realized how many months it would take for them to do it." Council Member Moore, "What percentage do we expect for the existing personnel versus what we're accounting for new personnel for those two departments?" Missy Cole did not have the exact tenure but believed it would be based on the vacancy level. She stated there hadn't been anything brought forward with this budget for other departments for certificate pay. Paul Becker explained how the Recycling and Trash Collection and the Transportation Department had separate special revenues and funds to pay back the costs. He stated the program was brought forward to also address compression between the length of service of the employees. Council Member Moore asked what the city defined as long term versus short term openings as. Missy Cole explained that it was based on vacancies and turnover. She stated the City of Fayetteville's turnover was currently at 17%. She stated the two areas that were being brought forward were areas the city had struggled with in terms of CDL driver requirements and what CDL pay currently was. She stated the program was a way to train the workforce and hopefully retain them through training and certifications. There was a brief discussion between Council Member Moore and Missy Cole regarding if the City of Fayetteville offered paid internships. Missy Cole stated the city offered paid internships and gave a brief example that the interns were selected through the temp service that the City had a contract with. Council Member Jones stated there was an item for a full time Deputy Clerk — Communications position that he wanted to add for discussion that had been tabled indefinitely. Council Member Moore appreciated Council Member Jones bringing the discussion forward regarding the position of the Deputy Clerk — Communications for the City Clerk's Office. She briefly spoke of the Planning Department and how it would be nice to bring on a Long Range 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 14 of 19 Planner, a Code Compliance Officer and a Grant Administrator. She believed there was a plethora of opportunities for assistance and if the City of Fayetteville invested and approved the new positions, she felt confident that the positions would show a return on investment. Paul Becker briefly spoke of the cost of all of the positions that were mentioned and how he had estimated the sales tax to be 6% in 2024. He stated that if the amendment was approved, the actual sales tax received would need to be 7%. He explained that he felt it was too risky to amend the budget to include all of the positions Council Member Moore had brought forward. City Attorney Kit Williams noted that the amendment was only to add a single position. Paul Becker, "That's what the amendment was but I wanted everybody to understand the total of what we were talking about, so we all understood that." Council Member Bunch questioned if that was a reasonable amount to allow for a Long Range Planner. Paul Becker stated the Long Range Planner position would roughly be $90,000, which included the benefits and equipment needed for that position. Council Member Berna had spoken with Jonathan Curth and Britin Bostick regarding the Long Range Planner request. He noted Jonathan Curth had requested other positions which had chosen to be funded due to budgetary constraints. Council Member Berna stated Britin Bostick was okay with not adding the Long -Range Planner position in the 2024 budget. Jonathan Curth explained how one of the positions he had requested in the budget was a Communications and Outreach Specialist and gave a brief description of their job duties. He stated that all together, he had requested five positions and stated all of them were needed but with there being a limited number of resources available only three had been chosen to come forward in the budget process. There was brief discussion between Council Member Stafford and Jonathan Curth regarding who requested the Long Range Planner position in the budget. Jonathan Curth stated the position came from staff and spoke of how he understood there was a community interest in seeing the Long Range staffing increased. Council Member Bunch would love to have more staffing in the Development Services Department and stated she had been approached by citizens regarding the request for a Long Range Planner. Council Member Moore briefly spoke of the City of Fayetteville's 2040 Plan and how she was trying to propose the city have a staff member in place to continue to implement that city plan. There was brief discussion between Council Member Bunch and Jonathan Curth regarding where the three positions that were recommended in the 2024 Budget were located. Jonathan Curth answered they were for Building Safety as a Plans Examiner, a Permit Coordinator and a Building 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 15 of 19 Inspector. He gave a brief description of each positions job responsibilities. He stated the one with the most potential for completing other services would be the Building Inspector. Council Member Stafford questioned that if the budget was approved as it was, could the City Council bring forward new position requests throughout the year for consideration. Paul Becker stated that could be done. Jonathan Curth noted that there was a Cost Allocation Study and User Fee Study currently being reviewed for the City of Fayetteville. Council Member Moore moved to amend to add a Long Range Planner position with a Budget Adjustment of $90,000. Council Member Jones seconded the motion. Upon roll call the motion failed 3-4. Council Member Jones, Moore and Wiederkehr voted yes. Council Member Berna, Bunch, Turk and Hertzberg voted no. Council Member Stafford abstained. Council Member Jones moved to amend to add the Deputy City Clerk — Communications position and Council Member Moore seconded the motion. There was brief discussion between Council Member Stafford and City Attorney Kit Williams regarding if the position requested was different than a regular staff position since it was for an elected official's office. City Attorney Kit Williams stated that separately elected officials were over their own offices and were responsible for all hiring and firing of their staff. He went on to say that the City Council made all final decisions regarding the budget. It was addressed that for a position in an elected official's office, the elected official would be the one to bring the request forward. Council Member Stafford questioned when the last time that the City Clerk's Office had a new position was. Kara Paxton, City Clerk Treasurer had reached out to the Human Resources Department to gather that information but unfortunately had not received a response back and was later told there wasn't enough time to get that information to her. She stated she had reached out to the previous Records Manager, who had explained two occasions where the City Clerk's Office had a position change; once when a part time position became full time and another when the City Attorney's Office moved one of their positions into the City Clerk's Office around 22 years ago in order for the incoming City Attorney to bring in his own staff person. Council Member Stafford asked if the request was for a new position or support for an existing position. Kara Paxton stated the request was for a new full-time position. She explained how different boards, committees and commissions had reached out with appreciation that the position had been brought forward as a primary contact in the office for such things. She stated she had been made aware that a lot of the boards didn't feel comfortable creating minutes and agendas for their own committees and spoke of how the City Clerk's Office was very experienced in doing so. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 16 of 19 Council Member Stafford questioned how much the position would cost. Paul Becker stated the position was estimated at $85,600 with benefits included. Council Member Jones moved to amend to add the Deputy City Clerk — Communications position. Council Member Moore seconded the motion. Upon roll call the motion failed 3-5. Council Member Stafford, Jones and Moore voted yes. Council Member Wiederkehr, Berna, Bunch, Turk and Hertzberg voted no. Council Member Moore moved to amend to add a Code Compliance Officer with a Budget Adjustment of $143,000 and Council Member Jones seconded the motion. Council Member Stafford questioned what the cost and definition of the position was. Paul Becker stated the cost was $143,000 with a vehicle included in that estimate. Jonathan Curth gave a brief description of the duties required of the position and stated, if approved, it would increase the departments Code Compliance Officer count from 3 to 4. Council Member Stafford questioned if Jonathan Curth had gotten the positions that he felt were needed the most. Jonathan Curth stated all of the requests were for different needs, and the Building Safety positions addressed a very immediate need in the city. Council Member Stafford, "Would getting this position filled help streamline or speed up the building of housing?" Jonathan Curth, "Generally no." Council Member Bunch stated that the addition of another Code Compliance Officer was discussed for addressing after hour needs. She asked that if the position were filled, would that be a possibility. Jonathan Curth stated that was a goal to provide additional coverage outside of the standard working hours. Council Member Bunch questioned if the position could be added later. Jonathan Curth stated that was correct. Council Member Wiederkehr asked what the timeline was regarding receiving the study that Jonathan Curth had mentioned earlier in the discussion. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 17 of 19 Jonathan Curth stated the project was in its final stages and was currently being evaluated for what would be proposed to the City Council. He stated it was planned to be brought forward in January or February of 2024. Council Member Wiederkehr believed that the person or entity receiving a service should cover the cost of the service they received. He stated that once the City of Fayetteville had the results of the Fee Study, he would feel more comfortable knowing what could be funded as far as additional positions in the budget. There was brief discussion between Council Member Moore, Paul Becker and Jonathan Curth regarding the fees that came from the Planning Department. Paul Becker stated those fees were at around a million dollars. Jonathan Curth stated the Building Permit fees were approaching two million dollars for this year. City Attorney Kit Williams, "In order for something to be a fee and not a tax, it has to not exceed our costs. If we are netting money or profiting from our fees, then they are no longer a fee they are a tax. The city has been very careful not to charge more than what our costs are when it comes to analyzing the development proposals that come forward and building permits and everything else like that so we are not collecting the full amount that it costs us to do it and that's why they're doing this study." Council Member Moore moved to amend to add a Code Compliance Officer with a Budget Adjustment of $143,000. Council Member Jones seconded the motion. Upon roll call the motion failed 1-6. Council Member Moore voted yes. Council Member Jones, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted no. Council Member Stafford abstained. Council Member Moore moved to amend to add a Grant Administrator with a Budget Adjustment of $80,000 and Council Member Jones seconded the motion. Council Member Stafford questioned what the City's current process was with grant writing. Paul Becker stated the department involved would look at the grants available and would bring it forward to the City Council if they felt it would be beneficial to the city. Council Member Stafford questioned if the position was requested by staff. Paul Becker stated Council Member Moore had requested the position. Council Member Stafford, "And $80,000 all in?" Missy Cole stated the city had a Grants Administrator position graded J420, which had a market value of around $60,000. She stated that with benefits it would be an additional 30%. Council Member Wiederkehr recalled the city creating an ad for a grant position during the American Rescue Plan Act (ARPA). He questioned what that position was doing now. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 21, 2023 Page 18 of 19 Paul Becker stated that position was working on the American Rescue Plan Act grants specifically and that they would be busy with those grants until after the ARPA funds were expended. Council Member Jones questioned if the salary for the Grant Administrator position could be paid for by grants itself and asked how that would work. Council Member Moore stated there were grants available that could potentially pay up to 10% of the cost of the position. She referenced Washington County and how they had a Grants Administrator position. Council Member Stafford questioned if the Grant Administrator would be taking over the administration of the city's existing grants and seeking and writing grants for each department at the city. He wanted to know how the position would work. Council Member Moore stated the Administration would possibly be the ones to define how they would want the role between each of the city's departments. She stated the idea behind her proposal was that the position would help the departments that didn't have the time to potentially apply for grants. She believed this would be a more creative way to use the city's funds by creating a position that could seek out other monies available. Council Member Stafford recognized the value of having a Grants Administrator but felt the position needed to be brought forward with staff to see if there was a defined role and need. Council Member Bunch thought a Grants Administrator would be a beneficial but felt there was a level of complexity with each department's needs for grants that she didn't see one position being able to do it all. Council Member Moore moved to amend to add a Grant Administrator with a Budget Adjustment of $80,000. Council Member Jones seconded the motion. Upon roll call the motion failed 1-7. Council Member Moore voted yes. Council Member Stafford, Jones, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted no. Council Member Hertzberg moved to approve the resolution. Council Member Turk seconded the motion. Council Member Moore opened the floor for consideration of tabling the resolution for two weeks due to Council Member Stafford being new to the City Council. This motion died due to lack of a second. Council Member Stafford spoke of how he had prepared himself for the items on the agenda and was ready to vote tonight instead of tabling the resolution on his behalf. The City Council received 2 public comments regarding this resolution. Council Member Berna was in support of approving the resolution. Council Member Stafford spoke of how the City Council had the ability to bring forward the positions and adjust the budget during the year. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 21, 2023 Page 19 of 19 Mayor Jordan thanked Paul Becker and Missy Cole for their work. He spoke of how the City of Fayetteville's service level was high. He agreed that the city needed the positions that everyone had requested but could not fund them at the current moment. He asked that the City Council pass the budget and then look at it again once the Pay Plan Study was done for the City of Fayetteville. Council Member Hertzberg moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 26I-23 as recorded in the office of the City Clerk Announcements: Council Member Hertzberg stated there would be an Ordinance Review Committee meeting on November 29 h at 5:30 p.m. and that it could be attended virtually or in person. City Council Agenda Session Presentations: Lake Fayetteville Water Quality Study Report - Brad Schleeter. Climate Action Plan Update - Peter Nierengarten. City Council Tour: None Adjournment: 9:38 p.m. 0111111111110 ?,Y C'••���Y O'� ••G�', Kara Paxton, Ci Clerk Treasurer AYETTEVILLE;�_ �V! i O1,110 ��v 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov