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HomeMy WebLinkAbout117-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 117-24 File Number: 2024-1811 DECLARE HOUSING CRISIS / STATE OF EMERGENCY (RESOLUTION): A RESOLUTION TO DECLARE A HOUSING CRISIS IN THE CITY OF FAYETTEVILLE AND TO SUMMARIZE ACTIONS TAKEN AND ANTICIPATED TO SUPPORT HOUSING PRODUCTION IN THE CITY OF FAYETTEVILLE WHEREAS, the City recognizes the fundamental importance of adequate housing as a basic human right and a cornerstone of community well-being; and WHEREAS, recent data and trends indicate a significant shortage of affordable housing options within the city limits, exacerbating housing insecurity and homelessness among our residents; and WHEREAS, the lack of affordable housing options disproportionately affects low-income individuals, families, seniors, students, veterans, and marginalized communities, leading to social and economic disparities within our city; and WHEREAS, the COVID-19 pandemic has further exacerbated housing challenges, highlighting the critical need to immediate action to address housing instability and prevent homelessness; and WHEREAS, during the past two decades our beloved University of Arkansas experienced an increase in enrollment from 15,000 students to 32,000 while only being able to add 1,000 on -campus dorm beds; and WHEREAS, the City Council acknowledges the staff who currently work together in support of increasing the housing supply under the direction of the Mayor and Chief of Staff to identify opportunities for improved public engagement through city growth master planning processes at the local and regional levels, appropriate infrastructure costs shares, and economic vitality initiatives in the following areas: Development Services, Long Range Planning, Community Resources, Economic Vitality, Public Works, and Water/Sewer Infrastructure; and WHEREAS, the steps the City has taken to date include but are not limited to the following: Entering into a 99 year lease of City property with the 7Hills Homeless Center for the Walker Residential Unit for emergency sheltering, providing $337,000 in maintenance funding to that facility, and providing an additional $801,926 in financial assistance to the 7Hills Homeless Day Center for daily services to homeless residents between 2018-2024; Investing $1,000,000 for public infrastructure as a cost share with Partners for Better Housing on the Willow Bend project; Page 1 Resolution: 117-24 File Number: 2024-1811 • Administering the Community Development Block Grant (CDBG) program to improve housing, public and community facilities, and provide public services to low -moderate income Fayetteville residents; • Committing $1,630,000 of American Rescue Plan Act funds for a consortium of partnering organizations to address housing instability in Fayetteville; • Administering CDBG funding for a housing rehabilitation/repair program for low income residents and seniors as one intervention to both maintain existing housing stock and help prevent residents becoming homelessness; • Administering the Hearth Program, which has provided $2,576,580 in assistance between 2016-2023 to provide permanent supportive housing and ongoing counseling, life skills training, and advocacy services to formerly homeless individuals and families; • Establishing the Community Development and Assistance Programs Advisory Board, whose purpose is to advise the Community Resources Division and the City Council on the community development and public assistance programs mentioned above and whose purpose can be amended to place a specific emphasis on housing issues; • Establishing a new partnership with the Excellerate Foundation for the Sheltering Assistance from Extreme Weather (SAFE) Program to distribute $50,000 for both cold weather and warm weather services during 2024; • Funding and administering a permit -ready building design program which is ready to be implemented that will reduce design costs of residential construction for property owners in a 320 acre program area; • Providing funds for consideration of infrastructure cost shares to promote appropriate infill in portions of the city, such as the CATO Springs Development in support of the neuro-diverse SLS Community. • Adopting the most liberal Accessory Dwelling Unit standards in the State of Arkansas, if not the entire nation; • Codifying the creation of Cluster Housing developments such that up to 12 smaller dwellings rather than the national standard of 7 to 8 units may share parking courts and open space; • Budgeting for the update of our Downtown Strategic Plan with an eye towards the provision of mixed -use developments with greater downtown housing density; • Initiating the 71B Corridor Rezoning Project, with more than 500 land parcels under consideration, which aims to add housing in all its forms but especially mixed use and multifamily housing, as a use -by -right where it is currently precluded under existing land use regulations, thus providing an unprecedented opportunity for Fayetteville residents to access more housing options, walkable neighborhoods, mass transit, and safety improvements; • Increasing the staff that ensure life safety standards are met while providing for the time sensitive processing of entitlement applications and the review and approval of construction documents by building safety, engineering, planning, inspection, and other development related support staff; • Participating fully in the regional activities and initiatives of the Northwest Arkansas Council, Groundwork — the NWA Council's Workforce Housing Center, the Northwest Arkansas Regional Planning Commission, the Continuum of Care, and the NWA Urban Land Institute's educational programs, to name a few; and • Approving the zoning for and entitling the development of several thousand (estimated between 2,000 and 4,000) dwelling units which are not yet under construction due to current interest rates but which the city is ready to plan check and permit when developers are ready; and WHEREAS, the City Council acknowledges its responsibility to take proactive measures to mitigate the housing crisis and ensure that all residents have access to safe, healthy, and affordable housing options; and WHEREAS, the City Council's Rules of Order and Procedure provide that "Ad hoc committees may be appointed either by the Mayor or by a majority vote of the City Council to study special problems and projects of the city." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares a housing crisis in the City of Page 2 Resolution: 117-24 File Number: 2024-1811 Fayetteville, recognizing the urgent need for comprehensive solutions to address housing affordability, availability, and accessibility. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby commits to continue supporting the efforts already underway by the City to address the housing crisis and will work to identify additional funding toward those efforts. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby commits to the establishment of an ad - hoc Housing Crisis Task Force to be formed with the following guidelines: 1. The Task Force will be formed by the end of the second quarter of 2024; 2. The Task Force will consist of 7-11 members to be appointed by the Mayor with expertise or a demonstrated interest in housing services, housing development, city planning and policy, and economics representing government agencies, non-profit organizations, renter groups, developers, landlords, and community members; 3. The Task Force will be active for one (1) calendar year following the date of its creation; and 4. The City Council reserves the right to extend said term at its discretion. Section 4: That the City Council of the City of Fayetteville, Arkansas requests that the Housing Crisis Task force: 1. Review the available data regarding housing availability and accessibility of safe and affordable housing to the residents and prospective residents of Fayetteville; 2. Recommend target metrics that would indicate success in maintaining a healthy housing market with sufficient access to safe and affordable housing for residents and prospective residents of Fayetteville; 3. Identify specific regulatory and market barriers to the production of sufficient safe and affordable housing in Fayetteville; and 4. Propose specific policy recommendations to the City Council within one year of first convening. Section 5: That the City Council of the City of Fayetteville, Arkansas commits to identifying opportunities to accelerate the approval of housing and housing opportunities in Fayetteville and further commits to considering the hiring of additional staff working under the direction of the Mayor in areas with a need for greater capacity. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby commits to working collaboratively with City staff, the Housing Crisis Task Force, and other stakeholders to develop and implement strategies to increase the supply of affordable housing units, streamline the permitting process for affordable housing projects, and explore innovative approaches to address housing insecurity. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby reaffirms our desire to continue working with and through all our regional partners, stakeholders, commissions, boards, committees, neighborhood groups, residents, and staff with the goal of adequate housing availability. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that we desire a full range of housing stock in a variety of forms and price points such that our residents may more readily find clean, safe, and affordable housing to purchase or rent within our beloved community. Section 9: That the City Council of the City of Fayetteville, Arkansas will be considering the results of a fee study in the near future, and will likely have the opportunity to appropriately adjust planning, engineering, and development services related fees which have not been adjusted in 17 years, and because these are fees and not taxes, any new Page 3 Resolution: 117-24 File Number: 2024-1811 resulting revenues must be reinvested in supporting the very means of delivering planning, entitlement processing, plan review, and inspection services to the benefit of housing production. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to provide additional funding and resources to support local efforts to combat the housing crisis. Section l l : That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to restore programmatic funding for the creation of housing which was lost in the 1980s. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby pledges to form regional partnerships with neighboring jurisdictions in developing comprehensive strategies to combat housing insecurities, recognizing the movement of residents and workers across city lines. Section 13: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that, because the shortage in housing is both national and regional, we desire to form regional partnerships with neighboring jurisdictions with the goal of developing meaningful and practical strategies to nurture the creation of housing, recognizing that all people have intrinsic value and universal needs regardless of their current living location. Section 14: That the City Council of the City of Fayetteville, Arkansas hereby pledges to act in the best interest of our community, to responsibly utilize the resources within our control such that we balance the long-term environmental wellbeing of our residents with the need for housing, to consider the needs of our least fortunate citizens when considering opportunities for diverse housing which provides families with viable choices for meeting this foundational need. Section 15: That the City Council of the City of Fayetteville, Arkansas hereby pledges to establish metrics and regularly assess progress in addressing the housing crisis and to adapt strategies as needed to ensure equitable outcomes for all residents in its jurisdiction. Section 16: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Clerk transmit copies of this resolution to relevant state and federal officials, as well as to local media outlets, community organizations, regional stakeholders, and other relevant entities to raise awareness of the housing crisis and mobilize support for solutions. PASSED and APPROVED on April 2, 2024 Page 4 Attest: `,�111111111//�Z cj =�=FAYEnEVILLE; _; Kara Paxton, Ci erk Treasurer KATI G T OTA.�` CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 2, 2024 CITY COUNCIL MEMO 2024-1811 TO: Mayor Jordan and City Council THRU: D'Andre Jones, Ward 1, Position 2 FROM: D'Andre Jones, Ward 1, Position 2 Sarah Moore, City Council Member - Ward 1 Position 2 SUBJECT: Council Members Jones and Moore recommend approval of a resolution to declare a housing crisis within the City of Fayetteville RECOMMENDATION: Council Members Jones and Moore are sponsoring a resolution to declare a housing crisis within the City of Fayetteville. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request - Email confirmation - Council Members Jones and Moore (#3), Agenda Request - Jones and Moore - Housing Crisis (#4), CM Stafford Amendments to Housing Resolution Packet (#5), CM Jones Amendments to Housing Resolution Packet (#6), Potential Compromise Housing Resolution (#7), Housing Crisis Resolution - Post -City Council Work Session (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1811 Council Members Jones and Moore recommend approval of a resolution to declare a housing crisis within the City of Fayetteville A RESOLUTION TO DECLARE A HOUSING CRISIS IN THE CITY OF FAYETTEVILLE AND TO SUMMARIZE ACTIONS TAKEN AND ANTICIPATED TO SUPPORT HOUSING PRODUCTION IN THE CITY OF FAYETTEVILLE WHEREAS, the City recognizes the fundamental importance of adequate housing as a basic human right and a cornerstone of community well-being; and WHEREAS, recent data and trends indicate a significant shortage of affordable housing options within the city limits, exacerbating housing insecurity and homelessness among our residents; and WHEREAS, the lack of affordable housing options disproportionately affects low-income individuals, families, seniors, students, veterans, and marginalized communities, leading to social and economic disparities within our city; and WHEREAS, the COVID-19 pandemic has further exacerbated housing challenges, highlighting the critical need to immediate action to address housing instability and prevent homelessness; and WHEREAS, during the past two decades our beloved University of Arkansas experienced an increase in enrollment from 15,000 students to 32,000 while only being able to add 1,000 on -campus dorm beds; and WHEREAS, the City Council acknowledges the staff who currently work together in support of increasing the housing supply under the direction of the Mayor and Chief of Staff to identify opportunities for improved public engagement through city growth master planning processes at the local and regional levels, appropriate infrastructure costs shares, and economic vitality initiatives in the following areas: Development Services, Long Range Planning, Community Resources, Economic Vitality, Public Works, and Water/Sewer Infrastructure; and WHEREAS, the steps the City has taken to date include but are not limited to the following: • Entering into a 99 year lease of City property with the 7Hills Homeless Center for the Walker Residential Unit for emergency sheltering, providing $337,000 in maintenance funding to that facility, and providing an additional $801,926 in financial assistance to the 7Hills Homeless Day Page 1 Resolution: 117-24 File Number: 2024-1811 Center for daily services to homeless residents between 2018-2024; • Investing $1,000,000 for public infrastructure as a cost share with Partners for Better Housing on the Willow Bend project; • Administering the Community Development Block Grant (CDBG) program to improve housing, public and community facilities, and provide public services to low -moderate income Fayetteville residents; • Committing $1,630,000 of American Rescue Plan Act funds for a consortium of partnering organizations to address housing instability in Fayetteville; • Administering CDBG funding for a housing rehabilitation/repair program for low income residents and seniors as one intervention to both maintain existing housing stock and help prevent residents becoming homelessness; • Administering the Hearth Program, which has provided $2,576,580 in assistance between 2016- 2023 to provide permanent supportive housing and ongoing counseling, life skills training, and advocacy services to formerly homeless individuals and families; • Establishing the Community Development and Assistance Programs Advisory Board, whose purpose is to advise the Community Resources Division and the City Council on the community development and public assistance programs mentioned above and whose purpose can be amended to place a specific emphasis on housing issues; • Establishing a new partnership with the Excellerate Foundation for the Sheltering Assistance from Extreme Weather (SAFE) Program to distribute $50,000 for both cold weather and warm weather services during 2024; • Funding and administering a permit -ready building design program which is ready to be implemented that will reduce design costs of residential construction for property owners in a 320 acre program area; • Providing funds for consideration of infrastructure cost shares to promote appropriate infill in portions of the city, such as the CATO Springs Development in support of the neuro-diverse SLS Community. • Adopting the most liberal Accessory Dwelling Unit standards in the State of Arkansas, if not the entire nation; • Codifying the creation of Cluster Housing developments such that up to 12 smaller dwellings rather than the national standard of 7 to 8 units may share parking courts and open space; • Budgeting for the update of our Downtown Strategic Plan with an eye towards the provision of mixed -use developments with greater downtown housing density; • Initiating the 71B Corridor Rezoning Project, with more than 500 land parcels under consideration, which aims to add housing in all its forms but especially mixed use and multifamily housing, as a use -by -right where it is currently precluded under existing land use regulations, thus providing an unprecedented opportunity for Fayetteville residents to access more housing options, walkable neighborhoods, mass transit, and safety improvements; • Increasing the staff that ensure life safety standards are met while providing for the time sensitive processing of entitlement applications and the review and approval of construction documents by building safety, engineering, planning, inspection, and other development related support staff; • Participating fully in the regional activities and initiatives of the Northwest Arkansas Council, Groundwork — the NWA Council's Workforce Housing Center, the Northwest Arkansas Regional Planning Commission, the Continuum of Care, and the NWA Urban Land Institute's Page 2 Resolution: 117-24 File Number: 2024-1811 educational programs, to name a few; and • Approving the zoning for and entitling the development of several thousand (estimated between 2,000 and 4,000) dwelling units which are not yet under construction due to current interest rates but which the city is ready to plan check and permit when developers are ready; and WHEREAS, the City Council acknowledges its responsibility to take proactive measures to mitigate the housing crisis and ensure that all residents have access to safe, healthy, and affordable housing options; and WHEREAS, the City Council's Rules of Order and Procedure provide that "Ad hoc committees may be appointed either by the Mayor or by a majority vote of the City Council to study special problems and projects of the city." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares a housing crisis in the City of Fayetteville, recognizing the urgent need for comprehensive solutions to address housing affordability, availability, and accessibility. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby commits to continue supporting the efforts already underway by the City to address the housing crisis and will work to identify additional funding toward those efforts. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby commits to the establishment of an ad -hoc Housing Crisis Task Force to be formed with the following guidelines: 1. The Task Force will be formed by the end of the second quarter of 2024; 2. The Task Force will consist of 7-11 members to be appointed by the Mayor with expertise or a demonstrated interest in housing services, housing development, city planning and policy, and economics representing government agencies, non-profit organizations, renter groups, developers, landlords, and community members; 3. The Task Force will be active for one (1) calendar year following the date of its creation; and 4. The City Council reserves the right to extend said term at its discretion. Section 4: That the City Council of the City of Fayetteville, Arkansas requests that the Housing Crisis Task force: 1. Review the available data regarding housing availability and accessibility of safe and affordable housing to the residents and prospective residents of Fayetteville; Page 3 Resolution: 117-24 File Number: 2024-1811 2. Recommend target metrics that would indicate success in maintaining a healthy housing market with sufficient access to safe and affordable housing for residents and prospective residents of Fayetteville; 3. Identify specific regulatory and market barriers to the production of sufficient safe and affordable housing in Fayetteville; and 4. Propose specific policy recommendations to the City Council within one year of first convening. Section 5: That the City Council of the City of Fayetteville, Arkansas commits to identifying opportunities to accelerate the approval of housing and housing opportunities in Fayetteville and further commits to considering the hiring of additional staff working under the direction of the Mayor in areas with a need for greater capacity. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby commits to working collaboratively with City staff, the Housing Crisis Task Force, and other stakeholders to develop and implement strategies to increase the supply of affordable housing units, streamline the permitting process for affordable housing projects, and explore innovative approaches to address housing insecurity. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby reaffirms our desire to continue working with and through all our regional partners, stakeholders, commissions, boards, committees, neighborhood groups, residents, and staff with the goal of adequate housing availability. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that we desire a full range of housing stock in a variety of forms and price points such that our residents may more readily find clean, safe, and affordable housing to purchase or rent within our beloved community. Section 9: That the City Council of the City of Fayetteville, Arkansas will be considering the results of a fee study in the near future, and will likely have the opportunity to appropriately adjust planning, engineering, and development services related fees which have not been adjusted in 17 years, and because these are fees and not taxes, any new resulting revenues must be reinvested in supporting the very means of delivering planning, entitlement processing, plan review, and inspection services to the benefit of housing production. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to provide additional funding and resources to support local efforts to combat the housing crisis. Section 11: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to restore programmatic funding for the creation of housing which was lost in the 1980s. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby pledges to form regional partnerships with neighboring jurisdictions in developing comprehensive strategies to combat housing insecurities, recognizing the movement of residents and workers across city lines. Page 4 Resolution: 117-24 File Number: 2024-1811 Section 13: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that, because the shortage in housing is both national and regional, we desire to form regional partnerships with neighboring jurisdictions with the goal of developing meaningful and practical strategies to nurture the creation of housing, recognizing that all people have intrinsic value and universal needs regardless of their current living location. Section 14: That the City Council of the City of Fayetteville, Arkansas hereby pledges to act in the best interest of our community, to responsibly utilize the resources within our control such that we balance the long-term environmental wellbeing of our residents with the need for housing, to consider the needs of our least fortunate citizens when considering opportunities for diverse housing which provides families with viable choices for meeting this foundational need. Section 15: That the City Council of the City of Fayetteville, Arkansas hereby pledges to establish metrics and regularly assess progress in addressing the housing crisis and to adapt strategies as needed to ensure equitable outcomes for all residents in its jurisdiction. Section 16: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Clerk transmit copies of this resolution to relevant state and federal officials, as well as to local media outlets, community organizations, regional stakeholders, and other relevant entities to raise awareness of the housing crisis and mobilize support for solutions. Page 5 Pennington, Blake From: D'Andre Jones <dre91732000@gmail.com> Sent: Thursday, March 7, 2024 9:00 AM To: Pennington, Blake Cc: Moore, Sarah; Barnes, Stacy Subject: Re: Resolution to declare housing crisis CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Looks good Sent from my iPhone On Mar 7, 2024, at 8:47 AM, Pennington, Blake <bpennington@fayetteville-ar.gov> wrote: Thank you. We still need to confirm Councilmember Jones's approval and then we'll get it in Civic Clerk for the next agenda. Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bDenninatonBfavetteville-ar.aov Direct: 479.575.8312 www. fayettev i l l e-a r. g ov <image002.png> From: Moore, Sarah <sarah.moore@fayetteville-ar.gov> Sent: Thursday, March 7, 2024 8:46 AM To: Pennington, Blake <bpennington@fayetteville-ar.gov>; D'Andre Jones <dre91732000@gmail.com> Cc: Barnes, Stacy <sbarnes@fayetteville-ar.gov> Subject: Re: Resolution to declare housing crisis This looks good to me and I am on board to cosponsor with Councilmember Jones. Thanks for putting this together. Sarah Moore Fayetteville City Council, Ward 2 sarah.moore@fayetteville-ar.gov 479.263.6629 <image001.png> Report a concern with SeeClickFix: https://www.fayetteville-ar.gov/4233/Report-a-Concern-with-SeeClickFix Speak up on City projects: https://speakuP.fayetteviIIe-ar.gov/ Voice your feedback to the entire Council and Mayor by emailing: agendaitemcomment@fayetteville-ar.gov From: Pennington, Blake <bpennington@fayetteville-ar.gov> Date: Wednesday, March 6, 2024 at 3:17 PM To: D'Andre Jones <dre91732000@gmail.com>, Moore, Sarah <sarah.moore@fayetteville- a r. gov> Cc: Barnes, Stacy <sbarnes@fayetteville-ar.gov> Subject: RE: Resolution to declare housing crisis Good afternoon, D'Andre and Sarah. We are putting together the tentative agenda which will go out sometime tomorrow. I wanted to follow up with you to confirm 1) sponsorship/co-sponsorship; and 2) whether the draft resolution meets with your approval. If we are able to resolve both of those questions by this afternoon or tomorrow morning this item will be included in the tentative agenda. If not, it will need to be added at the agenda session next Tuesday. Thank you, Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington(a-)-fayetteville-ar.gov Direct: 479.575.8312 www.favetteville-ar.gov <image005.png> From: Barnes, Stacy <sbarnes@fayetteville-ar.gov> Sent: Tuesday, March 5, 2024 3:07 PM To: D'Andre Jones <dre91732000@gmail.com>; Moore, Sarah <sarah.moore@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: RE: Resolution to declare housing crisis Sarah should have received it from Blake before lunch. Please let me know if you both approve or want to make any changes. From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, March 5, 2024 10:47 AM To: Barnes, Stacy <sbarnes@favetteville-ar.gov>; Moore, Sarah <sarah.moore@favetteville-ar.gov> Cc: Pennington, Blake <bpennington@favetteville-ar.gov> Subject: Re: Resolution to declare housing crisis CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Stacy can you add Sarah Moore as a co sponsor) I I have included her in the email. Sent from my iPhone On Mar 5, 2024, at 10:43 AM, Barnes, Stacy <sbarnes@fayetteville-ar.gov> wrote: Attached please find the Resolution you requested be added to the agenda on March 19th. Please let me know if this meets you approval so I can get it added. Thanks! sta c� P'a !ewes City Attorney Paralegal City of Fayetteville, Arkansas 113 W Mountain St., Suite 302 Fayetteville, AR 72701 T 479.575.8313 1 Website I Facebook I Twitter I Instagram I YouTube <image006.png> <RES - Declare a Housing Crisis within the City.docx> Civic Clerk Item No.: 2024-1811 AGENDA REQUEST FORM FOR: Council Meeting of March 19, 2024 FROM: Council Member D'Andre Jones Council Member Sarah Moore ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO DECLARE A HOUSING CRISIS WITHIN THE CITY OF FAYETTEVILLE APPROVED FOR AGENDA: Approved by email 3/7/2024 City Council Member Date D'Andre Jones Approved by email 3/7/2024 City Council Member Date Sarah Moore March 7, 2024 Blake Penningtow Date Senior Assistant City Attorney Approved as to form Received By: Blake Pennington 03/19/2024 11:52 AM III OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Kara Paxton, City Clerk -Treasurer r FROM: Blake Pennington, Senior Assistant City Attor r DATE: March 19, 2024 RE: Council Member Stafford Amendments to Housing Resolution Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal Council Member Stafford is proposing three amendments to Item D.3 on the agenda tonight, which is the resolution to declare a housing crisis. To summarize, the amendments are: 1) adding two additional "Whereas" paragraphs; 2) Revising Section 2 of the resolution; and 3) Revising Sections 3 and 4 of the resolution. Amendment # 1 Council Member Stafford's first proposed amendment would add two new "Whereas" paragraphs: WHEREAS, the City Council acknowledges the staff who currently work together in support of increasing the housing supply under the direction of the Mayor and Chief of Staff to identify opportunities for improved public engagement through city growth master planning processes at the local and regional levels, appropriate infrastructure costs shares, and economic vitality initiatives in the following areas: Development Services, Long Range Planning, Community Resources, Economic Vitality, Public Works, and Water/Sewer Infrastructure; and WHEREAS, the City Council also recognizes that the City has taken substantial steps to assist residents including: • Entering into a 99 year lease of City property with the 7Hills Homeless Center for the Walker Residential Unit for emergency sheltering, providing $337,000 in maintenance funding to that facility, and providing an additional $801,926 in financial assistance to the 7Hills Homeless Day Center for daily services to homeless residents between 2018-2024; • Paying $1,000,000.00 as a cost share with Partners for Better Housing on the Willow Bend project for public infrastructure; • Administering the Community Development Block Grant program to improve housing, public and community facilities, and provide public services to low -moderate income Fayetteville residents; • Committing $1,630,000.00 of American Rescue Plan Act funds for a multi - organization project to address housing instability in Fayetteville; • Administering a housing rehabilitation/repair program and housing redevelopment program; • Designing a permit -ready building design program soon to be implemented that will reduce costs of construction for property owners in the program area; • Administering the Hearth Program, which has provided $ 2,576,580 in assistance between 2016-2023 to provide permanent supportive housing and ongoing counseling, life skills training, and advocacy services to formerly homeless individuals and families; • Establishing the Community Development and Assistance Programs Advisory Board, whose purpose is to advise the Community Resources Division and the City Council on the community development and public assistance programs mentioned above and whose purpose can be amended to place a specific emphasis on housing issues; • Providing funds for infrastructure cost shares to promote infill in the downtown area and other strategic locations, such as the CATO Springs Development in support of the neuro-diverse SLS Community • Establishing a new partnership with the Excellerate Foundation for the Sheltering Assistance from Extreme Weather (SAFE) Program to distribute $50,000 for both cold weather and warm weather services during 2024. Amendment #2 Council Member Stafford's second proposed amendment would revise Section 2 of the resolution so it would read as follows: "Section 2: That the City Council of the City of Fayetteville, Arkansas hereby commits to identifying tasks that can be taken on by the Community Development and Assistance Programs Advisory Board and the Public Facilities Board and roles they can play in addressing housing needs in Fayetteville." 2 Amendment #3 Council Member Stafford's third proposed amendment would revise Sections 3 and 4 of the resolution so they would read as follows: "Section 3: That the City Council of the City of Fayetteville, Arkansas commits to identifying opportunities to accelerate the approval of housing and housing opportunities in Fayetteville and further commits to considering the hiring of additional staff in areas with a need for greater capacity. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby commits to working collaboratively with City staff, the Community Development and Assistance Programs Advisory Board, the Public Facilities Board, and other stakeholders to develop and implement strategies to increase the supply of affordable housing units, streamline the permitting process for affordable housing projects, and explore innovative approaches to address housing insecurity." 3 RESOLUTION NO. A RESOLUTION TO DECLARE A HOUSING CRISIS IN THE CITY OF FAYETTEVILLE WHEREAS, the City recognizes the fundamental importance of adequate housing as a basic human right and a cornerstone of community well-being; and WHEREAS, recent data and trends indicate a significant shortage of affordable housing options within the city limits, exacerbating housing insecurity and homelessness among our residents; and WHEREAS, the lack of affordable housing options disproportionately affects low-income individuals, families, seniors, students, veterans, and marginalized communities, leading to social and economic disparities within our city; and WHEREAS, the COVID-19 pandemic has further exacerbated housing challenges, highlighting the critical need to immediate action to address housing instability and prevent homelessness; and WHEREAS, the City Council acknowledges its responsibility to take proactive measures to mitigate the housing crisis and ensure that all residents have access to safe, healthy, and affordable housing options, and WHEREAS, the City Council acknowledges the staff who currently work together in support of increasing the housing supply under the direction of the Mayor and Chief of Staff to identify opportunities for improved public engagement through city growth master planning processes at the local and regional levels, appropriate infrastructure costs shares, and economic vitality initiatives in the following areas: Development Services, Long Range Planning, Community Resources, Economic Vitality, Public Works, and Water/Sewer Infrastructure; and WHEREAS, the City Council also recognizes that the City has taken substantial steps to assist residents including: • Entering into a 99 year lease of City property with the 7Hills Homeless Center for the Walker Residential Unit for emergency sheltering, providing $337,000 in maintenance funding to that facility, and providing an additional $801,926 in financial assistance to the 7Hills Homeless Day_ Center for daily_ services to homeless residents between 2018-2024; Ente -i into a 99ygar- lease f Cit ,pr-epeFP,, t Seven 4441 Homeless Center- an-' set=viees to and to maintain its f4eilitie - • Paving $1,000,000.00 as a cost share with Partners for Better Housing on the Willow Bend project for public infrastructure; • Administering the Community Development Block Grant program to improve housing, public and community facilities, and provide public services to low - moderate income Fayetteville residents; • Committing $1,630,000.00 of American Rescue Plan Act funds for a multi - organization project to address housing instabili . in Fayetteville; • Administering a housing rehabilitation/repair program and housing redevelopment program; . • Designing a permit -ready building design program soon to be implemented that will reduce costs of construction for property owners in the program area; • Administering the Hearth Program, which has provided $ 2,576,580 in assistance between 2016-2023 to provide permanent supportive housing and ongoing counseling, life skills training, and advocacy services to formerly homeless individuals and families; • Establishing the Community Development and Assistance Programs Advisory Board, whose purpose is to advise the Community Resources Division and the City Council on the communi . development and public assistance programs mentioned above and whose purpose can be amended to place a specific emphasis on housing issues; • Providing funds for infrastructure cost shares to promote infill in the downtown area and other strategic locations, such as the CATO Springs Development in support of the neuro-diverse SLS Community • Establishing a new partnership with the Excellerate Foundation for the Sheltering Assistance from Extreme Weather (SAFE) Program to distribute $50,000 for both cold weather and warm weather services during2024; Paftigipa4ing in the Endeavor- Foundation'sRousing Sueeess Fund finaneial assista-mee for- housine and other- stmvot4 of individuals and families in NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares a housing crisis in the City of Fayetteville, recognizing the urgent need for comprehensive solutions to address housing affordability, availability, and accessibility. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby commits to identifvina tasks that can be taken on by the Communitv Development and Assistance Programs Advisory Board and the Public Facilities Board and roles they can play in addressing housing needs in Fayetteville. establishing an ad hoe Housing Crisis Task For-ee to be fofffled with 1. The Task For-ee will be f4med by the end of the seeend quai4er- of following guidelines: organizations, r-enter- > ; 3. T�:7k�r"ecz-will e aetive for one (1) ealenda `r f ll.,.. ing the date ofer-ea t•on; and Section 3: That the City Council of the City of Fayetteville, Arkansas Mayor - expedite the hiring p,-eeess4 rcommits to identifying in_ opportunities to accelerate the approval of housina and housing opportunities in Favetteville and further commits to considering the hiring of additional staff in areas with a need for greater capacity a Neusing roor-dina4or- position, taske-a Section 4: That the City Council of the City of Fayetteville, Arkansas hereby commits to working collaboratively with the Housing Coordinate Cily staff, the Housing !-'risis Task For-eeCommunity Development and Assistance Programs Advisory Board, the Public Facilities Board, and other stakeholders to develop and implement strategies to increase the supply of affordable housing units, streamline the permitting process for affordable housing projects, and explore innovative approaches to address housing insecurity. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to provide additional funding and resources to support local efforts to combat the housing crisis. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby pledges to form regional partnerships with neighboring jurisdictions in developing comprehensive strategies to combat housing insecurities, recognizing the movement of residents and workers across city lines. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby pledges to establish metrics and regularly assess progress in addressing the housing crisis and to adapt strategies as needed to ensure equitable outcomes for all residents in its jurisdiction. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Clerk transmit copies of this resolution to relevant state and federal officials, as well as to local media outlets, community organizations, regional stakeholders, and other relevant entities to raise awareness of the housing crisis and mobilize support for solutions. PASSED and APPROVED this 19th day of March, 2024. APPROVED: ATTEST: an LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer RESOLUTION NO. A RESOLUTION TO DECLARE A HOUSING CRISIS IN THE CITY OF FAYETTEVILLE WHEREAS, the City recognizes the fundamental importance of adequate housing as a basic human right and a cornerstone of community well-being; and WHEREAS, recent data and trends indicate a significant shortage of affordable housing options within the city limits, exacerbating housing insecurity and homelessness among our residents; and WHEREAS, the lack of affordable housing options disproportionately affects low-income individuals, families, seniors, students, veterans, and marginalized communities, leading to social and economic disparities within our city; and WHEREAS, the COVID-19 pandemic has further exacerbated housing challenges, highlighting the critical need to immediate action to address housing instability and prevent homelessness; and WHEREAS, the City Council acknowledges its responsibility to take proactive measures to mitigate the housing crisis and ensure that all residents have access to safe, healthy, and affordable housing options; and WHEREAS, the City Council acknowledges the staff who currently work together in support of increasing the housing supply under the direction of the Mayor and Chief of Staff to identify opportunities for improved public engagement through city growth master planning processes at the local and regional levels, appropriate infrastructure costs shares, and economic vitality initiatives in the following areas: Development Services, Long Range Planning, Community Resources, Economic Vitality, Public Works, and Water/Sewer Infrastructure; and WHEREAS, the City Council also recognizes that the City has taken substantial steps to assist residents including: • Entering into a 99 year lease of City property with the 7Hills Homeless Center for the Walker Residential Unit for emergency sheltering, providing $337,000 in maintenance funding to that facility, and providing an additional $801,926 in financial assistance to the 7Hills Homeless Day Center for daily services to homeless residents between 2018-2024; • Paying $1,000,000.00 as a cost share with Partners for Better Housing on the Willow Bend project for public infrastructure; • Administering the Community Development Block Grant program to improve housing, public and community facilities, and provide public services to low - moderate income Fayetteville residents; • Committing $1,630,000.00 of American Rescue Plan Act funds for a multi - organization project to address housing instability in Fayetteville; • Administering a housing rehabilitation/repair program and housing redevelopment program; • Designing a permit -ready building design program soon to be implemented that will reduce costs of construction for property owners in the program area; • Administering the Hearth Program, which has provided $ 2,576,580 in assistance between 2016-2023 to provide permanent supportive housing and ongoing counseling, life skills training, and advocacy services to formerly homeless individuals and families; Establishing the Community Development and Assistance Programs Advisory Board, whose purpose is to advise the Community Resources Division and the City Council on the community development and public assistance programs mentioned above and whose purpose can be amended to place a specific emphasis on housing issues; Providing funds for infrastructure cost shares to promote infill in the downtown area and other strategic locations, such as the CATO Springs Development in support of the neuro-diverse SLS Community Establishing a new partnership with the Excellerate Foundation for the Sheltering Assistance from Extreme Weather (SAFE) Program to distribute $50,000 for both cold weather and warm weather services during 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares a housing crisis in the City of Fayetteville, recognizing the urgent need for comprehensive solutions to address housing affordability, availability, and accessibility. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby commits to identifying tasks that can be taken on by the Community Development and Assistance Programs Advisory Board and the Public Facilities Board and roles they can play in addressing housing needs in Fayetteville. Section 3: That the City Council of the City of Fayetteville, Arkansas commits to identifying opportunities to accelerate the approval of housing and housing opportunities in Fayetteville and further commits to considering the hiring of additional staff in areas with a need for greater capacity. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby commits to working collaboratively with City staff, the Community Development and Assistance Programs Advisory Board, the Public Facilities Board, and other stakeholders to develop and implement strategies to increase the supply of affordable housing units, streamline the permitting process for affordable housing projects, and explore innovative approaches to address housing insecurity. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to provide additional funding and resources to support local efforts to combat the housing crisis. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby pledges to form regional partnerships with neighboring jurisdictions in developing comprehensive strategies to combat housing insecurities, recognizing the movement of residents and workers across city lines. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby pledges to establish metrics and regularly assess progress in addressing the housing crisis and to adapt strategies as needed to ensure equitable outcomes for all residents in its jurisdiction. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Clerk transmit copies of this resolution to relevant state and federal officials, as well as to local media outlets, community organizations, regional stakeholders, and other relevant entities to raise awareness of the housing crisis and mobilize support for solutions. PASSED and APPROVED this 19th day of March, 2024. APPROVED: ATTEST: am LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Received By: Blake Pennington 03/19/2024 5:21 P.M. DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kara Paxton, City Clerk -Treasurer FROM: Blake Pennington, Senior Assistant City Attorne DATE: March 19, 2024 RE: Council Member Jones Amendments to Housing Resolution Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal Council Member Jones is proposing two amendments to Item D.3 on the agenda tonight, which is the resolution to declare a housing crisis. Amendment Amendment #1 is in the email attached for your reference. This amendment: 1. Adds a new Whereas listing steps the City has taken to assist residents, though this contains blanks that would need to be filled. 2. Reduces the number of sections from 8 to 7 3. Adds a new Section 2 regarding supporting efforts underway to address the housing crisis 4. Removes the request to hire a Housing Coordinator 5. Adds details to the Housing Task Force including requirements for members of the task force Amendment #2 Council Member Jones's second proposed amendment is in a document titled "Housing Crisis Resolution — COMMUNITY PROPOSED AMENDMENTS" This amendment: Recognizes the University's impact on housing 2. Requests that staff seek an Attorney General's opinion on limitations on investment of public funds for housing. 3. Clarifies the Housing Task Force, including requiring 11 members with experience in various areas. Council Member Jones Amendment #1 Pennington, Blake From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, March 19, 2024 3:12 PM To: Pennington, Blake Subject: Fwd: Amendment to resolutions CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sent from my iPhone Begin forwarded message: From: "Jones, D'Andre" <dandre.jones@okstate.edu> Date: March 19, 2024 at 3:09:39 PM CDT To: D'Andre Jones <dre91732000@gmai1.com> Subject: Amended resolutions ;l��iAljg[o1'gL 91 A RESOLUTION TO DECLARE A HOUSING CRISIS IN THE CITY OF FAYETTEVILLE WHEREAS, the City recognizes the fundamental importance of adequate housing as a basic human right and a cornerstone of community well-being; and WHEREAS, recent data and trends indicate a significant shortage of affordable housing options within the city limits, exacerbating housing insecurity and homelessness among our residents; and WHEREAS, the lack of affordable housing options disproportionately affects low-income individuals, families, seniors, students, veterans, and marginalized communities, leading to social and economic disparities within our city; and WHEREAS, the COVID-19 pandemic has further exacerbated housing challenges, highlighting the critical need to immediate action to address housing instability and prevent homelessness; and WHEREAS, the City Council acknowledges its responsibility to take proactive measures to mitigate the housing crisis and ensure that all residents have access to safe, healthy, and affordable housing options. Please include from Mikes WHEREAS, the City Council also recognizes that the City has taken substantial steps to assist residents including: Entering into a 99 year lease of City property to Seven Hill Homeless Center and providing $ in financial assistance over years to provide services to homeless residents and to maintain its facilities; Paying $1,000,000.00 as a cost share with Partners for Better Housing on the Willow Bend project for public infrastructure; Administering the Community Development Block Grant program to improve housing, public and community facilities, and provide public services to low -moderate income Fayetteville residents; Committing $1,630,000.00 of American Rescue Plan Act funds for a multi -organization project to address housing instability in Fayetteville; Administering a housing rehabilitation/repair program and housing redevelopment program; Designing a permit -ready building design program soon to be implemented that will reduce costs of construction for property owners in the program area; Administering the Hearth Program, which has provided $ in assistance to provide permanent supportive housing and ongoing counseling, life skills training, and advocacy services to formerly homeless individuals and families; Establishing the Community Development and Assistance Programs Advisory Board, whose purpose is to advise the Community Resources Division and the City Council on the community development and public assistance programs mentioned above and whose purpose can be amended to place a specific emphasis on housing issues; Providing funds for infrastructure cost shares to promote infill in the downtown area; Participating in the Endeavor Foundation's Housing Success Fund to provide financial assistance for housing and other support of individuals and families in Fayetteville; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares a housing crisis in the City of Fayetteville, recognizing the urgent need for comprehensive solutions to address housing affordability, availability, and accessibility. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby commits to continue supporting the efforts already underway by the City to address the housing crisis and will work to identify additional funding toward those efforts. . Section 3: .That the City Council of the of the City of Fayetteville, Arkansas hereby establishes an ad -hoc committee called the "Housing Crisis Task Force", charged with : 1. Reviewing the available data regarding housing availability and accessibility of safe and affordable housing to the residents and prospective residents of Fayetteville, 2. Recommending target metrics that would indicate success in maintaining a healthy housing market with sufficient access to safe and affordable housing for residents and prospective residents of Fayetteville, 3. Identify specific regulatory and market barriers to the production of sufficient safe and affordable housing in Fayetteville, and 4. Propose specific policy recommendations to the City Council within one year of first convening. The Housing Crisis Task Force shall serve for one year, unless extended by resolution, and the membership shall consist of 11 experts in housing services, housing development, city planning and policy, and economics, The Mayor may appoint replacements for any vacancy that rises, to serve until the conclusion or extension of the Task Force's service. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby pledges to form regional partnerships with neighboring jurisdictions in developing comprehensive strategies to combat housing insecurities, recognizing the movement of residents and workers across city lines. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to provide additional funding and resources to support local efforts to combat the housing crisis. Section: 6:That the City Council of the City of Fayetteville, Arkansas hereby pledges to establish metrics and regularly assess progress in addressing the housing crisis and to adapt strategies as needed to ensure equitable outcomes for all residents in its jurisdiction. Section 7 : That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Clerk transmit copies of this resolution to relevant state and federal officials, as well as to local media outlets, community organizations, regional stakeholders, and other relevant entities to raise awareness of the housing crisis and mobilize support for solutions. PASSED and APPROVED this 19th day of March, 2024. APPROVED: ATTEST: IA JIM LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Council Member Jones Amendment #2 PROPOSED AMENDMENT D4.1 - Recognizing University's Impact on Housing ADD BEFORE COVID-19 CLAUSE: WHEREAS, the University of Arkansas has pursued an increase in enrollment over the last two decades, bringing more than 15,000 new residents to Fayetteville while only adding 1,000 beds to on -campus housing, and leaving the private housing market strained to make up the difference; and PROPOSED AMENDMENT D4.2 - Requesting Attorney General's Opinion RATIONALE: Alternate resolution would memorialize a legal interpretation that is disputed. Instead, it would be advisable to seek clearer direction on what avenues the City can or cannot pursue and provide advocates with a concrete legal justification for any limitations that they can use to advocate for changes at other more appropriate levels of government. ADD: Section #: That the City Council of the City of Fayetteville, Arkansas hereby requests that the city staff work through our state legislators to solicit appropriate opinions from the Bureau of Legislative Research and the Attorney General clarifying the constitutional and statutory limitations on the investment of public funds in producing, providing, and facilitating the creation of safe and affordable housing for our community. PROPOSED AMENDMENT D4.3 - Clarifying Task Force Creation Instead of STAFFORD AMENDMENT #2 RATIONALE: CDAP and Public Facilities are appointed for specific purposes established in ordinance that are tangentially related to housing services (grant funding for LMI residents and bond -financing for projects, respectively). But their pre -selected membership did not sign up for, and was not selected for their expertise in, housing policy and market economics. The Council will be better advised by selecting knowledgeable individuals from our community who are already familiar with the market forces and ready to offer substantive advice. PROCESS: The list of names below is blank. Adopting this form of Task Force creation will allow the Council to agree on structure and responsibilities now, and revisit specific membership in two weeks. Council members might submit a list of recommendations through the Clerk to distribute to the Council prior to the next Agenda Session (March 26), and bring proposals for a final slate of members from that list to the next Council Meeting (April 2). ADD: WHEREAS the City Council's Rules of Order and Procedure provide that "Ad hoc committees may be appointed either by the Mayor or by a majority vote of the City Council to study special problems and projects of the City," and ADD: Section 2: That the City Council of the of the City of Fayetteville, Arkansas hereby establishes an ad -hoc committee called the "Housing Crisis Task Force", charged with : 1. Reviewing the available data regarding housing availability and accessibility of safe and affordable housing to the residents and prospective residents of Fayetteville, 2. Recommending target metrics that would indicate success in maintaining a healthy housing market with sufficient access to safe and affordable housing for residents and prospective residents of Fayetteville, 3. Identify specific regulatory and market barriers to the production of sufficient safe and affordable housing in Fayetteville, and 4. Propose specific policy recommendations to the City Council within one year of first convening. The Housing Crisis Task Force shall serve for one year, unless extended by resolution, and the membership shall consist of 11 experts in housing services, housing development, city planning and policy, and economics, as follows: 2. 3. 4. 5. 6. 7. 8. 9. 10 11 The Mayor may appoint replacements for any vacancy that rises, to serve until the conclusion or extension of the Task Force's service. STAFFORD AMENDMENT #1 IS ENDORSED BY COMMUNITY SPONSORS, AMENDMENT WITHDRAWN STAFFORD AMENDMENT #3 IS ENDORSED BY COMMUNITY SPONSORS, AMENDMENT WITHDRAWN Received By: Blake Pennington 03/26/2024 Tentative Agenda Session 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO. Mayor Jordan City Council FROM: Blake Pennington, Senior Assistant City Attorne DATE: March 21, 2024 RE: Potential Compromise Housing Resolution Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal I appreciate the City Council giving me the opportunity to draft a compromise resolution for your consideration. After reviewing and considering the two resolutions on the agenda, the amendments proposed by Council Members Jones and Stafford, and the discussion on Tuesday night, I have drafted a potential amended resolution, which is attached, that I believe captures the essence of both proposals. My process began with Council Member Jones's original resolution. The only major item removed from that resolution is the request to hire a housing coordinator, which seemed to have general agreement among the Council Members. I annotated all additions to the document from other sources as you will see on the left side of the page. I included portions of Council Member Wiederkehr's resolution, Council Member Jones's Amendment #1 and Amendment #2, and Council Member Stafford's Amendment # 1 and Amendment #3. I did not include some items from those other source documents for several reasons. Some portions of the Wiederkehr Resolution were not included for the sake of trying to keep the final product a reasonable length. Other portions were the subject of potential disagreement or were tangentially related to the housing issue but not directly on point. I did not include Council Member Stafford's Amendment #2 because he stated his intent at the meeting not to introduce it. I did not include the portion of Council Member Jones's Amendment #2 regarding an Attorney General's opinion because that was not the subject of any substantial discussion. Furthermore, our office would recommend having a more specific proposal, like those that are likely to come from the Housing Crisis Task Force, to present to the Attorney General through one of our state legislators in order to receive an opinion that will substantively address any constitutionality questions. A RESOLUTION TO DECLARE A HOUSING CRISIS IN THE CITY OF FAYETTEVILLE AND TO SUMMARIZE ACTIONS TAKEN AND ANTICIPATED TO SUPPORT HOUSING PRODUCTION IN THE CITY OF FAYETTEVILLE 1 WHEREAS, the City recognizes the fundamental importance of adequate housing as a basic human right and a cornerstone of community well-being; and WHEREAS, recent data and trends utdicate a significant shortage of affordable housing options within the city liunits, exacerbating housing insecurity and homelessness among our residents; and WHEREAS, the lack of affordable housing options disproportionately affects low-income individuals, families, seniors, students, veterans, and marginalized communities, leading to social and economic disparities within our city; and qWHEREAS, the COVID-19 pandemic has further exacerbated housing challenges, highlighting the critical need to immediate action to address housing instability and prevent homelessness; and Commented [PBl ]: G� WHEREAS_ during the past two decades our beloved University of Arkansas experienced an increase in enrollment from 15,UtUu students to 32,000 while only being able to add 1,000 on -campus dorm beds; and and WHEREAS, the City Council acknowledges the staff who currently work together in support of Commented [P62]: increasing the housing supply under the direction of the Mayor and Chief of Staff to identify opportunities Stafford Amendment 81 for improved public engagement through city growth master planning processes at the local and regional levels, appropriate infrastructure costs shares, and economic vitality initiatives in the following areas: Development Services, Long Range Planning, Community Resources, Economic Vitality, Public Works, and Water/Sewer Infrastructure; and Commented (P63]: WHEREAS, the steps the City has taken to date include but are not limited to the following: • Entering into a 99 year lease of City property with the 7Hills Homeless Center for the Walker and Stafford Residential Unit for emergency sheltering, providing $337,000 in maintenance funding to that Amendment #1 g y g' p g g facility, and providing an additional $801,926 in financial assistance to the 711ills Homeless Day Center for daily services to homeless residents between 2018-2024; • Investing $1,000,000 for public infrastructure as a cost share with Partners for Better Housing on the Willow Bend project; • Administering the Community Development Block Grant (CDBG) program to improve housing, public and community facilities, and provide public services to low -moderate income Fayetteville residents; • Committing $1,630,000 of American Rescue Plan Act funds for a consortium of partnering organizations to address housing instability in Fayetteville; • Administering CDBG funding for a housing rehabilitation/repair program for low income residents and seniors as one intervention to both maintain existing housing stock and help prevent residents becoming homelessness; • Administering the Hearth Program, which has provided $2,576,580 in assistance between 2016- 2023 to provide permanent supportive housing and ongoing counseling, life skills training, and advocacy services to formerly homeless individuals and families; • Establishing the Community Development and Assistance Programs Advisory Board, whose purpose is to advise the Community Resources Division and the City Council on the community development and public assistance programs mentioned above and whose purpose can be amended to place a specific emphasis on housing issues; • Establishing a new partnership with the Excellerate Foundation for the Sheltering Assistance from Extreme Weather (SAFE) Program to distribute $50,000 for both cold weather and warm weather services during 2024; • Funding and administering a permit -ready building design program which is ready to be implemented that will reduce design costs of residential construction for property owners in a 320 acre program area; Providing funds for consideration of infrastructure cost shares to promote appropriate infill in portions of the city, such as the CATO Springs Development in support of the neuro-diverse SLS Commented [PB4]: Commamty. Stafford ;l: re ment *1 • Adopting the most liberal Accessory Dwelling Unit standards in the State of Arkansas, if not the entire nation; Codifying the creation of Cluster Housing developments such that up to 12 smaller dwellings rather than the national standard of 7 to 8 units may share parking courts and open space; Budgeting for the update of our Downtown Strategic Plan with an eye towards the provision of mixed -use developments with greater downtown housing density; • Initiating the 71 B Corridor Rezoning Project, with more than 500 land parcels under consideration, which aims to add housing in all its forms but especially mixed use and multifamily housing, as a use -by -right where it is currently precluded under existing land use regulations, thus providing an unprecedented opportunity for Fayetteville residents to access more housing options, walkable neighborhoods, mass transit, and safety improvements; • Increasing the staff that ensure life safety standards are met while providing for the time sensitive processing of entitlement applications and the review and approval of construction documents by building safety, engineering, planning, inspection, and other development related support staff; Participating fully in the regional activities and initiatives of the Northwest Arkansas Council, Groundwork — the NWA Council's Workforce Housing Center, the Northwest Arkansas Regional Planning Commission, the Continuum of Care, and the NWA Urban Land Institute's educational programs, to name a few; and Approving the zoning for and entitling the development of several thousand (estimated between 2,000 and 4,000) dwelling units which are not yet under construction due to current interest rates but which the city is ready to plan check and permit when developers are ready; and WHEREAS, the City Council acknowledges its responsibility to take proactive measures to mitigate the housing crisis and ensure that all residents have access to safe, healthy, and affordable housing options; and Commented [P651 WHEREAS, the City Council's Rules of Order and Procedure provide that "Ad hoc committees may be _ appointed either by the Mayor or by a majority vote of the City Council to study special problems and projects of the city." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares a housing crisis in the City of Fayetteville, recognizing the urgent need for comprehensive solutions to address housing affordability, availability, and accessibility. Commented [P66 : — !Section 2: That the City Council of tlne City of Fayetteville, Arkansas hereby commits to continuc supporting tlic effuits aheady underway by the City to address the housing crisis and will work to identify additional funding toward those efforts. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby commits to establishing an ad -hoc Housing Crisis Task Force to be formed with the following guidelines: 1. The Task Force will be formed by the end of the second quarter of 2024; 2. The Task Force will consist of 11 members with expertise in housing services, housing development, city planning and policy, and economics representing government agencies, non- Co�r,ted [P671: _pro_fit organisations, renter groups, developers, landlords, and Community members �_ k •n be r__ (I\ 1.. .1..__. F 11V ♦ .char faro 4inn• and 3. Lne T[LSK rUItiC W111 UG active 1V1 or1G `1� %alGriuw year iuuvli%uig Elie uuw of ,w 4. The City Council reserves the right to extend said term at its discretion. Commented un : I' Section 4: That the City Council of the City of Fayetteville, Arkansas requests that the Housing Crisis Task force: 1. Review the available data regarding housing availability and accessibility of safe and affordable housing to the residents and prospective residents of Fayetteville; 2. Recommend target metrics that would indicate success in maintaining a healthy housing market with sufficient access to safe and affordable housing for residents and prospective residents of Fayetteville; 3. Identify specific regulatory and market barriers to the production of sufficient safe and affordable housing in Fayetteville; and 4. Propose specific policy recommendations to the City Council within one year of first convening. Commented [PB91: Section 5:: That the City Council of the City of Fayetteville, Arkansas commits to identifying opportunities Stafford Arnendnlent M3 to accelerate the approval of housing and housing opportunities in Fayetteville and further commits to considering the hiring of additional staff in areas with a need for greater capacity. Commented [PB10]: Section b: That the City Council of the City of Fayetteville, Arkansas hereby commits to working Stafford Amendment #3 collaboratively with City staff, the Housing Crisis Task Force, and other stakeholders to develop and implement strategies to increase the supply of affordable housing units, streamline the permitting process for affordable housing projects, and explore innovative approaches to address housing insecurity. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby reaffirms our desire to continue working with and through all our regional partners, stakeholders, commissions, boards, committees, neighborhood groups, residents, and staff with the goal of adequate housing availability. I Commented [PSI I]: ISection 8: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that we desire a full range of housing stock in a variety of forms and price points such that our residents may more readily find clean, safe, and affordable housing to purchase or rent within our beloved community. Commented [PB121: Sect lion 9: That the City Council of the City of Fayetteville, Arkansas will be considering the results of a lWerkelir i eeoinNon fee study in the near future, and will likely have the opportunity to appropriately adjust planning, engineering, and development services related fees which have not been adjusted in 17 years, and because these are fees and not taxes, any new resulting revenues must be reinvested in supporting the very means of delivering planning, entitlement processing, plan review, and inspection services to the benefit of housing production. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to provide additional funding and resources to support local efforts to combat the housing crisis. Commented JPS131: Sect iun 1 1: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to restore programmatic funding for the creation of housing which was lost in the 1980s. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby pledges to form regional partnerships with neighboring jurisdictions in developing comprehensive strategies to combat housing insecurities, recognizing the movement of residents and workers across city lines. Commented [PS141: Sect iun 13. That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that, because the shortage in housing is both national and regional, we desire to form regional partnerships with neighboring jurisdictions with the goal of developing meaningful and practical strategies to nurture the creation of housing, recognizing that all people have intrinsic value and universal needs regardless of their current living location. Commented 1P6151: Section 14: That the City Council of the City of Fayetteville, Arkansas hereby pledges to act in the best interest of our community, to responsibly utilize the resources within our control such that we balance the long-term environmental wellbeing of our residents with the need for housing, to consider the needs of our least fortunate citizens when considering opportunities for diverse housing which provides families with viable choices for meeting this foundational need. Section 15: That the City Council of the City of Fayetteville, Arkansas hereby pledges to establish metrics and regularly assess progress in addressing the housing crisis and to adapt strategies as needed to ensure equitable outcomes for all residents in its jurisdiction. Section 16: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Clerk transmit copies of this resolution to relevant state and federal officials, as well as to local media outlets, community organizations, regional stakeholders, and other relevant entities to raise awareness of the housing crisis and mobilize support for solutions. ..0. Received By: Blake Penningtoi DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC Kara Paxton, City Clerk -Treasurer FROM: Blake Pennington, Senior Assistant City Attorney DATE: March 27, 2024 RE: Compromise Housing Resolution Following Workshop �m Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal I am attaching a new clean draft of the housing crisis resolution for your consideration. Based on the discussion and consensus of the City Council last night, I incorporated the following changes: 1. Section 3 a. Changed "commits to establishing" to "commits to the establishment op' the Task Force b. Task Force membership changed from a fixed number of 11 members to between 7 and 11 members c. Clarified that Task Force members will be appointed by the Mayor d. Changed "expertise in" to "expertise or a demonstrated interest in" the areas relevant to the Task Force's work. 2. Section 5 a. Added underlined clarifying language that the City Council "further commits to considering the hiring of additional staff working under the direction of the Mayor in areas with a need for greater capacity." If you would like to adopt the language in this new draft, you will need to move to amend and replace the current resolution language with the attached document. A RESOLUTION TO DECLARE A HOUSING CRISIS IN THE CITY OF FAYETTEVILLE AND TO SUMMARIZE ACTIONS TAKEN AND ANTICIPATED TO SUPPORT HOUSING PRODUCTION IN THE CITY OF FAYETTEVILLE WHEREAS, the City recognizes the fundamental importance of adequate housing as a basic human right and a cornerstone of community well-being; and WHEREAS, recent data and trends indicate a significant shortage of affordable housing options within the city limits, exacerbating housing insecurity and homelessness among our residents; and WHEREAS, the lack of affordable housing options disproportionately affects low-income individuals, families, seniors, students, veterans, and marginalized communities, leading to social and economic disparities within our city; and WHEREAS, the COVID-19 pandemic has further exacerbated housing challenges, highlighting the critical need to immediate action to address housing instability and prevent homelessness; and WHEREAS, during the past two decades our beloved University of Arkansas experienced an increase in enrollment from 15,000 students to 32,000 while only being able to add 1,000 on -campus dorm beds; and WHEREAS, the City Council acknowledges the staff who currently work together in support of increasing the housing supply under the direction of the Mayor and Chief of Staff to identify opportunities for improved public engagement through city growth master planning processes at the local and regional levels, appropriate infrastructure costs shares, and economic vitality initiatives in the following areas: Development Services, Long Range Planning, Community Resources, Economic Vitality, Public Works, and Water/Sewer Infrastructure; and WHEREAS, the steps the City has taken to date include but are not limited to the following: • Entering into a 99 year lease of City property with the 7Hills Homeless Center for the Walker Residential Unit for emergency sheltering, providing $337,000 in maintenance funding to that facility, and providing an additional $801,926 in financial assistance to the 7Hills Homeless Day Center for daily services to homeless residents between 2018-2024; • Investing $1,000,000 for public infrastructure as a cost share with Partners for Better Housing on the Willow Bend project; • Administering the Community Development Block Grant (CDBG) program to improve housing, public and community facilities, and provide public services to low -moderate income Fayetteville residents; • Committing $1,630,000 of American Rescue Plan Act funds for a consortium of partnering organizations to address housing instability in Fayetteville; • Administering CDBG funding for a housing rehabilitation/repair program for low income residents and seniors as one intervention to both maintain existing housing stock and help prevent residents becoming homelessness; • Administering the Hearth Program, which has provided $2,576,580 in assistance between 2016- 2023 to provide permanent supportive housing and ongoing counseling, life skills training, and advocacy services to formerly homeless individuals and families; • Establishing the Community Development and Assistance Programs Advisory Board, whose purpose is to advise the Community Resources Division and the City Council on the community development and public assistance programs mentioned above and whose purpose can be amended to place a specific emphasis on housing issues; • Establishing a new partnership with the Excellerate Foundation for the Sheltering Assistance from Extreme Weather (SAFE) Program to distribute $50,000 for both cold weather and warm weather services during 2024; • Funding and administering a permit -ready building design program which is ready to be implemented that will reduce design costs of residential construction for property owners in a 320 acre program area; • Providing funds for consideration of infrastructure cost shares to promote appropriate infill in portions of the city, such as the CATO Springs Development in support of the neuro-diverse SLS Community. • Adopting the most liberal Accessory Dwelling Unit standards in the State of Arkansas, if not the entire nation; • Codifying the creation of Cluster Housing developments such that up to 12 smaller dwellings rather than the national standard of 7 to 8 units may share parking courts and open space; • Budgeting for the update of our Downtown Strategic Plan with an eye towards the provision of mixed -use developments with greater downtown housing density; • Initiating the 71B Corridor Rezoning Project, with more than 500 land parcels under consideration, which aims to add housing in all its forms but especially mixed use and multifamily housing, as a use -by -right where it is currently precluded under existing land use regulations, thus providing an unprecedented opportunity for Fayetteville residents to access more housing options, walkable neighborhoods, mass transit, and safety improvements; • Increasing the staff that ensure life safety standards are met while providing for the time sensitive processing of entitlement applications and the review and approval of construction documents by building safety, engineering, planning, inspection, and other development related support staff; • Participating fully in the regional activities and initiatives of the Northwest Arkansas Council, Groundwork — the NWA Council's Workforce Housing Center, the Northwest Arkansas Regional Planning Commission, the Continuum of Care, and the NWA Urban Land Institute's educational programs, to name a few; and • Approving the zoning for and entitling the development of several thousand (estimated between 2,000 and 4,000) dwelling units which are not yet under construction due to current interest rates but which the city is ready to plan check and permit when developers are ready; and WHEREAS, the City Council acknowledges its responsibility to take proactive measures to mitigate the housing crisis and ensure that all residents have access to safe, healthy, and affordable housing options; and WHEREAS, the City Council's Rules of Order and Procedure provide that "Ad hoc committees may be appointed either by the Mayor or by a majority vote of the City Council to study special problems and projects of the city." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares a housing crisis in the City of Fayetteville, recognizing the urgent need for comprehensive solutions to address housing affordability, availability, and accessibility. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby commits to continue supporting the efforts already underway by the City to address the housing crisis and will work to identify additional funding toward those efforts. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby commits to the establishment of an ad -hoc Housing Crisis Task Force to be formed with the following guidelines: I. The Task Force will be formed by the end of the second quarter of 2024; 2. The Task Force will consist of 7-11 members to be appointed by the Mayor with expertise or a demonstrated interest in housing services, housing development, city planning and policy, and economics representing government agencies, non-profit organizations, renter groups, developers, landlords, and community members; 3. The Task Force will be active for one (1) calendar year following the date of its creation; and 4. The City Council reserves the right to extend said term at its discretion. Section 4: That the City Council of the City of Fayetteville, Arkansas requests that the Housing Crisis Task force: 1. Review the available data regarding housing availability and accessibility of safe and affordable housing to the residents and prospective residents of Fayetteville; 2. Recommend target metrics that would indicate success in maintaining a healthy housing market with sufficient access to safe and affordable housing for residents and prospective residents of Fayetteville; 3. Identify specific regulatory and market barriers to the production of sufficient safe and affordable housing in Fayetteville; and 4. Propose specific policy recommendations to the City Council within one year of first convening. Section 5: That the City Council of the City of Fayetteville, Arkansas commits to identifying opportunities to accelerate the approval of housing and housing opportunities in Fayetteville and further commits to considering the hiring of additional staff working under the direction of the Mayor in areas with a need for greater capacity. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby commits to working collaboratively with City staff, the Housing Crisis Task Force, and other stakeholders to develop and implement strategies to increase the supply of affordable housing units, streamline the permitting process for affordable housing projects, and explore innovative approaches to address housing insecurity. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby reaffirms our desire to continue working with and through all our regional partners, stakeholders, commissions, boards, committees, neighborhood groups, residents, and staff with the goal of adequate housing availability. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that we desire a full range of housing stock in a variety of forms and price points such that our residents may more readily find clean, safe, and affordable housing to purchase or rent within our beloved community. Section 9: That the City Council of the City of Fayetteville, Arkansas will be considering the results of a fee study in the near future, and will likely have the opportunity to appropriately adjust planning, engineering, and development services related fees which have not been adjusted in 17 years, and because these are fees and not taxes, any new resulting revenues must be reinvested in supporting the very means of delivering planning, entitlement processing, plan review, and inspection services to the benefit of housing production. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to provide additional funding and resources to support local efforts to combat the housing crisis. Section 11: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to restore programmatic funding for the creation of housing which was lost in the 1980s. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby pledges to form regional partnerships with neighboring jurisdictions in developing comprehensive strategies to combat housing insecurities, recognizing the movement of residents and workers across city lines. Section 13: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges that, because the shortage in housing is both national and regional, we desire to form regional partnerships with neighboring jurisdictions with the goal of developing meaningful and practical strategies to nurture the creation of housing, recognizing that all people have intrinsic value and universal needs regardless of their current living location. Section 14: That the City Council of the City of Fayetteville, Arkansas hereby pledges to act in the best interest of our community, to responsibly utilize the resources within our control such that we balance the long-term environmental wellbeing of our residents with the need for housing, to consider the needs of our least fortunate citizens when considering opportunities for diverse housing which provides families with viable choices for meeting this foundational need. Section 15: That the City Council of the City of Fayetteville, Arkansas hereby pledges to establish metrics and regularly assess progress in addressing the housing crisis and to adapt strategies as needed to ensure equitable outcomes for all residents in its jurisdiction. Section 16: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Clerk transmit copies of this resolution to relevant state and federal officials, as well as to local media outlets, community organizations, regional stakeholders, and other relevant entities to raise awareness of the housing crisis and mobilize support for solutions.