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Home My WebLink About142-24 RESOLUTIONFile Number: 2024-94 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 142-24 TEMPORARY POSITION REQUEST (SHORT-TERM RENTAL ENFORCEMENT): A RESOLUTION TO AUTHORIZE THE ADDITION OF A TEMPORARY SHORT-TERM RENTAL CLERK POSITION IN THE DEVELOPMENT SERVICES DEPARTMENT FOR A TERM OF SIX MONTHS FOR PROACTIVE SHORT-TERM RENTAL ENFORCEMENT WHEREAS, in the ongoing evaluation , implementation , and enforcement of Fayetteville 's short-term rental (STR) ordinances, Council member interest was expressed for proactive enforcement of the STR ordinance's requirements and prohibitions ; and WHEREAS, as recently as April 30th , 2024 , data provided by the City's short-term rental monitoring service, Host Compliance, found 737 STRs advertised through 1,247 listings on various platforms ; and WHEREAS, an estimate of 800-1,000 hours , or approximately six months , of staff time is found to be necessary to address the nearly 250 currently identified , non-compliant properties ; and WHEREAS, if approved , staff will finalize a job description , grade the position , and return to City Council with a budget adjustment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the addition of a temporary Short-Term Rental Clerk position in the Development Services Department for a term of six months for proactive short-term rental enforcement. PASSED and APPROVED on May 21 , 2024 Attest: ~~ araPaxton, cityC]rk Treasurer Page 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-94 MEETING OF MAY 21, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director SUBJECT: TEMPORARY SHORT-TERM RENTAL ENFORCEMENT POSITION RECOMMENDATION: City staff recommend approval of a temporary position in the Development Services Department for a term of six months for proactive short-term rental enforcement. BACKGROUND: In the ongoing evaluation, implementation, and enforcement of Fayetteville’s short-term rental (STR) ordinances, Councilmember interest was expressed for proactive enforcement of the STR ordinance’s requirements and prohibitions. These standards range from a life-safety inspection and tax verification to locational allowances and illegal operation. Currently, Fayetteville’s STR ordinance is enforced on a complaint basis. As recently as April 30th, 2024, data provided by the City’s short-term rental monitoring service, Host Compliance, found 737 STRs advertised through 1,247 listings on various platforms. This compares with 855 STRs advertised among 1,092 listings at the same time in 2023. Of the 737 STRs, and estimated 240 are noncompliant, meaning they lack a business license and its associated reviews and inspection. DISCUSSION: In evaluating the potential for proactive STR enforcement, staff assessed recent STR investigation timelines, which includes the following elements: • Field complaints/concerns • Identify and confirm illegally-operating properties • Coordinate cross-divisionally/departmentally • Draft and issue violation letters • Evaluate if illegal activity ceased • Schedule hearings for those protesting violation/water shut-offs • Hold hearings • Track water shut-offs • Evaluate if illegal activity ceased • Water reconnects Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Ultimately, an estimate of 800-1,000 hours, or approximately six months, of staff time is found to be necessary to address the nearly 250 currently identified, non-compliant properties. At the conclusion of the position’s six month term, staff anticipates existing positions and capacity will be capable of handling new violations and non-compliant properties moving forward. Per the attached New Personnel Request Form, the proposed position has an associated cost of $40,532, including equipment and benefits. If approved, staff will finalize a job description, grade the position, and return to City Council with a budget adjustment. BUDGET/STAFF IMPACT: This position would be funded through the General Fund. ATTACHMENTS: SRF (#3), New Personnel Request Form - Short Term Rental Clerk (#4), Short-Term Rental Clerk May 2024 - Draft (#5) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-94 TEMPORARY SHORT-TERM RENTAL ENFORCEMENT POSITION A RESOLUTION TO AUTHORIZE THE ADDITION OF A TEMPORARY SHORT-TERM RENTAL CLERK POSITION IN THE DEVELOPMENT SERVICES DEPARTMENT FOR A TERM OF SIX MONTHS FOR PROACTIVE SHORT-TERM RENTAL ENFORCEMENT WHEREAS, in the ongoing evaluation, implementation, and enforcement of Fayetteville’s short-term rental (STR) ordinances, Council member interest was expressed for proactive enforcement of the STR ordinance’s requirements and prohibitions; and WHEREAS, as recently as April 30th, 2024, data provided by the City’s short-term rental monitoring service, Host Compliance, found 737 STRs advertised through 1,247 listings on various platforms; and WHEREAS, an estimate of 800-1,000 hours, or approximately six months, of staff time is found to be necessary to address the nearly 250 currently identified, non-compliant properties; and WHEREAS, if approved, staff will finalize a job description, grade the position, and return to City Council with a budget adjustment. 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 authorizes the addition of a temporary Short-Term Rental Clerk position in the Development Services Department for a term of six months for proactive short-term rental enforcement. City of Fayetteville Staff Review Form 2024-94 Item ID 5/21/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Jonathan Curth 5/3/2024 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: Request to create a temporary position for six months for proactive short-term rental enforcement. Budget Impact: 1010.620.6200-51XX.XX 1010 - General Account Number Fund Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: 40,532$ REQUEST JUSTIFICATION SECTION: POSITION TITLE What has created the need for this new position request? A desire for staff to enforce short-term rental standards on a proactive basis. Additional notes (optional): How is this work currently getting done and by whom? Also, will any duties be removed from another position and added to this position? Short-term rental enforcement currently occurs on a complaint basis. Existing Development Review and Development Services staff incorporate complaints in to their workload as complaints are received, from which they are investigated. Validation results in violation letter issuance and the potential for utility shut-off or penalty. The proposed position will centralize these functions and actively identify and pursue any active short-term rental violation. REQUESTED BUDGET TOTAL Will this position help reduce overtime, temporary workers, and/or contracts? Please quantify this over the next fiscal year. No. What impact will there be on the department if this position is not filled? 2024 Budget - New Personnel Request Form (Details) Short-Term Rental Clerk It is unfeasible to enforce the existing short-term rental ordinances on a proactive basis and in a timely manner with existing staff. This temporary position will address active violations, which number in the 100s, with the anticipation that existing staff has capacity for ongoing proactive enforcement once the temporary position expires. \\city\dfs\Divs\Planning\JONATHAN\2024\Projects\STRs\FTE\Copy of NP24_1010.620 - Short Term Rental Clerk 5/2/2024 / 9:13 AM POSITION TITLE 2024 Budget - New Personnel Request Form (Details) Short-Term Rental Clerk Organization Set: Request Type:Increase FTE Position Sequence: Job Description (Job#/Grade#) Budgeted Hourly Rate to Use:Mrk FTE 0.50 Annual Hours 2,080 Benefit Group: Health Insurance: Pension Plan: Overtime Hours:- Overtime Hours (FLSA):- Other Pay:-$ OTHER EXPENSE ITEMS: ITEM DESCRIPTION GLACCOUNT ACCT DESCRIPTION BUDGET Computer/Monitor/iPad (one-time)1010.640.6400-5210.00 Minor Equipment, :3,500$ Software Licenses - EnerGov; Adobe (one-time)1010.640.6400-5209.00 Software, :4,800 Office 365 ($284/Year)1010.050.0500-5309.02 Lease, Software 284 ""- ""- ""- ""- 8,584$ 21.43$ OTHER EXPENSE TOTAL PUBLIC SAFETY ONLY 100 - GEN EMP FT 40 HRS (NON-EXEMPT) BUD-Health - HEALTH INSURANCE 760 - PENSION POSITION CONTROL INPUTS: *J413 - Merit T1 ($17.79-$26.57) 1010.620.6200 - General.Development Services.Development Services Director \\city\dfs\Divs\Planning\JONATHAN\2024\Projects\STRs\FTE\Copy of NP24_1010.620 - Short Term Rental Clerk 5/2/2024 / 9:13 AM POSITION TITLE 2024 Budget - New Personnel Request Form (Details) Short-Term Rental Clerk RATES: FICA Rate:6.20% Medicare Rate:1.45% Health Rate (Monthly):854.00$ Pension Rate (Annual %):12.00% Full-Time Benefits:Y Life Rate 900 (%):0.19 LTD Rate 920 (%):0.0033 ADD Rate 680 (Monthly):0.50$ PERSONNEL BUDGET CALCULATIONS: SALARY TOTAL 1010.620.6200-5100.00 22,288$ SALARY (REG+HOLIDAY+OTHER+OVERTIME) OVERTIME TOTAL 1010.620.6200-5101.00 - OVERTIME TOTAL (REG + FLSA) SALARY OVERTIME TOTAL 22,288 SALARY_TOTAL + OVERTIME (REGULAR+FLSA) FICA TAXES 1010.620.6200-5105.00 6.20%1,382 FICA_RATE * SALARY_TOTAL MEDICARE TAXES 1010.620.6200.5105.01 1.45%324 MEDICARE_RATE * SALARY_TOTAL HEALTH BUDGET 1010.620.6200-5108.00 5,124 HEALTH_AMOUNT * 12 * FTE LTD BUDGET 1010.620.6200-5108.01 74 (SALARY_REGULAR * LTD_RATE) ADD BUDGET 1010.620.6200-5108.02 3 ADD_RATE * 12 * FTE LIFE BUDGET 1010.620.6200-5108.03 78 PENSION BUDGET 1010.620.6200.5109.06 12.00%2,675 PENSION_RATE * SALARY_OVERTIME_TOTAL 31,948$ 22,288$ - 9,660 8,584 40,532$ $17.79 - $21.43 - $26.57 PERSONNEL TOTAL $37,003 - $44,574 - $55,266Grade Range (Min-Mrk-Max)J413 REQUESTED BUDGET TOTAL 2024 BUDGET IMPACT SALARY OVERTIME BENEFITS OTHER EXPENSE ITEMS \\city\dfs\Divs\Planning\JONATHAN\2024\Projects\STRs\FTE\Copy of NP24_1010.620 - Short Term Rental Clerk 5/2/2024 / 9:13 AM Business License Code Officer May 2024 (DRAFT) 1 CITY OF FAYETTEVILLE Position Description POSITION TITLE: Short-Term Rental Clerk EXEMPT (Y/N): No DEPARTMENT: Development Services SUPERVISOR: Ops & Cust Relations Mgr. DIVISION: Development Services JOB GRADE: J413 DATE REVISED: May 2024 ESSENTIAL DUTIES AND RESPONSIBILITIES: Note: All City of Fayetteville positions require employees to provide good customer service to both internal and external customers, maintain positive and effective working relationships with other City employees (especially members of their own team), and have regular and reliable attendance that is non-disruptive. Other essential duties of this position include the following: 1. Greet and interact with residents and city employees, assist with needs and questions either in person, through email or over the phone. Resolve a wide variety of situations that arise, either by researching and/or answering questions personally or forwarding to appropriate person. 2. Initiate proactive investigations into short-term rental violations and accept and verify short-term rental complaints. 3. Provide information on short-term rental regulations. 4. Monitor and track existing compliant and noncompliant short-term rental properties. 5. Establish, track, and post short-term rental data. 6. Research and respond to difficult customer problems and complaints. Provide solutions to identified issues to senior staff members. 7. Assist with short-term rental business license acceptance, processing, and issuance of including fielding questions from current or prospective operators. 8. Have a thorough understanding of the short-term permitting and licensing processes and be able to convey this information effectively to customers. 9. Perform other duties as assigned. SECONDARY DUTIES AND RESPONSIBILITIES include the following: 1. Secondary duties as assigned. MINIMUM QUALIFICATIONS 1. High school diploma or GED and two years of related experience. Business License Code Officer May 2024 (DRAFT) 2 2. Must successfully pass criminal background check, including but not limited to convictions, guilty pleas, or no contest pleas to violent offenses, theft offenses and any offense under A.C.A. 21-15-103 and A.C.A. 21-15-111. 3. Effectively communicate with others orally and in writing. 4. Possess the ability to read and develop a working knowledge of applicable ordinances and zoning regulations. 5. Requires the use of tact, initiative and independent judgment in dealing with difficult citizen complaints, requests for assistance, information or services to the public. 6. Must be proficient in the use of a computer and related software programs such as word processing and spreadsheet applications. Must be able to become proficient in the use of other software programs such as municipal permitting software. Must be able to effectively operate standard office equipment. 7. Ability to work with mathematical concepts such as addition, subtraction, multiplication, and division. Ability to calculate percentages, rates, and ratios. 8. Must possess the ability to work effectively in a front desk environment that includes regularly receiving walk-in traffic and phone calls. The noise level in the working environment is frequently elevated due to group discussions taking place in the general area. 9. While performing the functions of this job, the employee is regularly required to communicate effectively. The employee regularly is required to move within the department, sit; use hands to finger, handle, or feel; reach with hands and arms; stoop, kneel, or crouch. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required to accomplish computer and office work. While performing the functions of this job the employee is occasionally exposed to outside weather conditions.