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HomeMy WebLinkAbout2022-11-15 - Minutes -Council Member Sonia Harvey Ward 1 Position i Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position I Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting November 15, 2022 City Council Meeting Minutes November 15, 2022 Page 1- of 23 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on November 15, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Sonia Harvey, D'Andre Jones, Mark Kinion, Mike Wiederkehr, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Mavor's Announcements Proclamations and Reco nitions: None City Council Meetinfl Presentations Reports, and Discussion Items: None A ends Additions: None Consent: Approval of the November 1, 2022 City Council Meeting Minutes. APPROVED I I, `Nest �Jountain Fayetteville AR 72701 (479) 575-P,323 ww,v Fayetteville-ar.gov City Council Meeting Minutes November 15, 2022 Page 2 of 23 2022 Cops Law Enforcement Mental Health and Wellness Grant Award: A resolution to authorize the acceptance of a non -matching 2022 Law Enforcement Mental Health and Wellness grant award in the amount of $94,810.73 for the expansion of the Police Department's Wellness and Resiliency Program, and to approve a budget adjustment. Resolution 258-22 as recorded in the office of the City Clerk 2022 Cops Hiring Program Grant Award: A resolution to authorize acceptance of the 2022 Community Oriented Policing Services Hiring Program Grant in the amount of $625,000.00 to fund five (5) new police officer positions and establish a violent crime/community outreach unit for a period of three (3) years with a required local match of $341,555.00 and an additional $292,054.00 in non -grant related project expenses, and to approve a budget adjustment. Resolution 259-22 as recorded in the office of the City Clerk Police Department Body Armor Sourcewell Contract: A resolution to approve the purchase of new and replacement ballistic bulletproof vests and plates from Gall's, LLC and various dealers pursuant to a Sourcewell Cooperative Purchasing contract, plus applicable taxes and shipping charges on an as needed basis by the Fayetteville Police Department through February 19, 2025. Resolution 260-22 as recorded in the office of the City Clerk Galls, LLC d/b/a Cruse Uniforms and Equipment Amendment 1: A resolution to approve Amendment 1 to the Contract with Galls, LLC d/b/a Cruse Uniforms and Equipment to allow for a five percent price increase due to inflation. Resolution 261-22 as recorded in the office of the City Clerk RFP 22-10 Brown & Brown of Arkansas, Inc.: A resolution to award RFP 422-10 and authorize a one year contract with Brown & Brown of Arkansas, Inc. in the amount of $75,000.00, with automatic renewals for up to four additional one year terms, for the provision of city employee benefits broker and consulting services. Resolution 262-22 as recorded in the office of the City Clerk JCI, Industries, Inc.: A resolution to accept a quote in the amount of $101,651.00 plus applicable taxes and freight charges from JCI, Industries, Inc. for the rebuild of an aerator mixer at the Noland Water Resource Recovery Facility. Resolution 263-22 as recorded in the office of the City Clerk Community Access Television d/b/a Your Media: A resolution to approve a budget adjustment in the amount of $15,000.00 recognizing contract production revenue from Community Access Television d/b/a Your Media and to increase related promotional activities budget. Resolution 264-22 as recorded in the office of the City Clerk 1 13 Ulest Mounlaui Fayelleville AR 7'701 (-'701 575-6323 �ivi�.v,fayel[eville-ar gov City Council Meeting Minutes November 15, 2022 Page 3 of 23 Bid 22-53 DeVore Excavating, LLC: A resolution to award bid 422-53 and authorize the purchase of unscreened topsoil materials from DeVore Excavating, LLC as needed through the end of 2023. Resolution 265-22 as recorded in the office of the City Clerk 2022 ADEQ Grant for Public Space Recycling Containers: A resolution to authorize acceptance of a 2022 Arkansas Department of Environmental Quality grant through the Boston Mountain Solid Waste District in the amount of $10,000.00 for the purchase of Public Space Recycling containers, and to approve a budget adjustment. Resolution 266-22 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Appeal CUP 22-039 (2992 N. Oak Bailey Dr./Oak Bailey Cluster Development): A resolution to grant the appeal of Council Members Sarah Bunch, Teresa Turk and Sloan Scroggin to deny Conditional Use Permit CUP 2022-039 for a cluster housing development for property located at 2992 North Oak Bailey Drive in Ward 3, and to deny a variance to § 164.22(D) of the Unified Development Code to exceed the maximum number of dwelling units permitted. At the October 4, 2022 City Council Meeting, this resolution was tabled to the November 15, 2022 City Council Meeting. There was brief discussion over who would speak first. Jonathan Curth, Development Services Director gave a brief summary of the item. He stated Chris Brown, Public Works Director, would speak on the item as well. He stated staff supported the item and the Planning Commission voted 6-1. He explained the options the Council had in regard to the item. He stated they received public comment concerned about compatibility, whether the variances had been granted appropriately, whether the lot had frontage, adequacy of internal and external sidewalk networks and drainage. He described the slope percentages on the property. Chris Brown, Public Works Director described the requirements related to the item. He gave a slideshow presentation of the site. He stated the site was designed for the houses that were there and the development that had been proposed. He explained the drainage the current houses were experiencing were from the undeveloped property which was being proposed for development. He stated some of the water would be diverted to the east so that it would go to the pond as opposed to going through the houses. He stated the pond was sized to handle all of the development and it could handle the flood prevention. He explained there was an expansion of the bioretention area in the bottom of the pond that would be increased per the proposed drainage plan for water quality in Area 2. He stated there would be a hydrodynamic separator and small bioretention areas along Lot 16-19 to help with water quality in Area 1. 1 13 VVest Mountain Fayetteville AR 72701 (479) 575-3323 wsv;v.fayeCeville-ar y v City Council Meeting Minutes November 15, 2022 Page 4 of 23 Brian Teague, Community by Design stated he is representing the development group. He explained their alignment with the City Plan. He stated there were numerous meeting sites set up throughout town to gain public input from the citizens of Fayetteville. He described how that public participation process won national awards and how thousands of citizens in Fayetteville were able to give their input. He briefly spoke of the changes that were required of them to better align with the City Plan. He stated they had a meeting with the neighbors on the site to see what they could do to address their concerns. He briefly spoke of the items they could agree to do to address the neighbors' concerns: propose to reduce the density from what it was originally to 6.7 units per acre, preserve seven trees instead of only three, propose to put in a drainage swell on the south property line, put a vegetative screen around the property and agreed to improve pedestrian connectivity. He believes the project would add value to the existing neighborhood. He stated city staff had given the project recommendation of approval. He requests support from the City Council for the project and to vote to deny the appeal. He recommended the City Council let them take the item back to the Planning Commission as a part of a Large Scale Development application. Council Member Wiederkehr: I have a question for staff about the original drainage plan, Chris. If I understood correctly, stormwater was designed to sheet down the hill towards Old Wire and down driveways to get to the curve and gutter down there and now there's a swell proposed. But, I understood the original design allowed that sheeting down to those first homes on Old Wire. Chris Brown: Yes, there's a small area that was intended to sheet flow across the homes that are existing along Old Wire. The south area would flow through the existing houses under the current plan. Council Member Scroggin: I was on Planning Commission before City Council and I'm under the impression that when we go to a Large Scale Development, as long as they meet the intent of whatever zoning they have or Conditional Use Permit and the law, the Planning Commission really can't say no. Is that correct? City Attorney Kit Williams: That's correct. If you want to have any conditions that have been requested by the neighbors then they have to become conditions on this Conditional Use Permit to be enforceable. There are some conditions that have been proposed I can't agree with, especially a condition that requires the city to do something. These conditions are for the applicant to do. At this point in time, it sounds like the developer is not quite sure about all of these conditions which I can understand. The letter from Mr. Teague had six conditions and now they've grown to 15. I don't know where we stand but the conditions of approval need to be settled and firm and certain if you decide to pass this conditional use based upon them. It needs to be done by this body, you can't just send it to the Planning Commission because they already have their condition of approval they've approved the first time. If you want to change anything you have to change it here. Council Member Scroggin stated there were conversations in regard to cost shares and sidewalks that he hoped could be done before the Council approved the Conditional Use Permit. Council Member Turk: Chris, I have a question for you. The approval you all gave to the houses that were built along Old Wire, you allowed water to sheet down in the backyards of those residences. Is that part of our Code? Is that allowed? 113 4'11esi Mountain Fayetteville. AR 7270' la%91 S5-3J23:•r.+ni_tayetteville-ar.gcv City Council Meeting Minutes November 15, 2022 Page 5 of 23 Chris Brown: In this situation, yes. The way ground topography flows, the water from offsite that undeveloped area and some developed area did flow through those sites. We have a Master Lot Grading Plan requirement, it's part of the Plat. The engineer for the developer has to show how those lots would be graded in order to accommodate the drainage that comes across the property. Council Member Turk: What happens when the new homeowner has to put in four French drains and has constant flooding? What's the remediation process? Is there one or do you go back and take a look at some of the work that's been conducted? Chris Brown: This is a situation that we're not contacted about there being any kind of issues there. I don't know the extent of the issue if it's simply yard flooding, flooding on driveways, patios or if there's water in the house. If the Master Lot Grading Plan were fully utilized and constructed according to that plan, I would not expect there to be water in structures. When you have drainage and areas that are higher and flow into lower areas, you're going to have water in your yard. It should've been properly accommodated per our Codes. Council Member Turk: We heard from several residents six weeks ago that there was water in the house often, or at least during large storms. Can you reinspect how the grading was done? Maybe the Code needs to be upgraded. It seems like brand new houses should not be flooding. Chris Brown: Some of that is the lot grading that happens when the house is built. Staff was not contacted prior to this development coming through and given the opportunity to go out and look at the properties with those property owners. We'd be happy to go and look at it. It sounds like they may have already got their solutions but we'd be happy to look at what other solutions might be available. Council Member Turk: That 15% slope is steep right there. Because of the steepness of that, do you have extra requirements or considerations as opposed to a 5% slope? Chris Brown: There are. It's all baked into our grading requirements, our physical alteration of land and code. When we have steeper slopes there are certain things that have to be done whether it be sodding or diversion ditches. A lot of that is difficult to codify to cover every situation, it's a matter of good design and making sure the design is properly executed during the construction. Council Member Scroggin believed the flooding was only in yards and not in the houses but believed the neighbors would correct the Council if they were incorrect. He stated the city needed more housing and he hoped they could get something that would not be a burden on the neighbors. Council Member Bunch recalled hearing about water running across the back of properties but not about water running into houses. She stated if something like that happened it would be an insurance claim and that it would be a big deal to her. She wanted to know if there was definitive proof there was water in homes. Council Member Turk stated she may have misremembered. The City Council received 11 public comments regarding this resolution. 1] V!aSt Na0untau1 �ayatt2vdla AR 72701 0791 575-1,1323 tivsvw.fayatteville-ar.gov City Council Meeting Minutes November 15, 2022 Page 6 of 23 Council Member Scroggin mentioned his family history of building single family residences. He stated one of the first rules of house placement is that you do not walk down to houses. He briefly spoke of how the density in the area is zero and the houses are still having issues. He does not believe the density is the issue, he believes they need a swell and other things that take money. He stated if you brought the density down then there wouldn't be any money like property taxes and sales taxes that could be used to fix issues. He was okay with the original density and stated that if you go to 12 houses then you would just have larger homes with a similar amount of impervious surface. He believes there needed to be a better plan that could be codified and not just sent to Large Scale Development. He looks forward to voting on the item when it could be codified. Council Member Hertzberg: Can conditions include requirements on homeowners associations or property owner associations? Jonathan Curth: The city is not a party to a covenant in the subdivision so we generally have no ability to enforce whether those are maintained. City Attorney Kit Williams: That would be very questionable. The federal law does not allow discrimination against renters as opposed to homeowners, in most cases, certainly not by a city. I don't think there's any way we could make it where it's a single family only. You can have a single family house but you can't exclude renters from that. Council Member Hertzberg stated Condition number 7 and 11 had requirements of the city that she would like excluded from the Letter of Intent. Council Member Bunch: I'm getting confused because we have our packet item for this that is 184 pages. Then we have this additional thing that came in. Who wrote this? Jonathan Curth: That was submitted by a resident in response to the applicants letter which begins on page 4. Council Member Bunch: I'm not going to be in favor of sitting here tonight and trying to tack on things to something we already have based on something we got a few minutes ago. I don't think that's very smart. If we're going to consider any of these things we need to have time to consider them and for staff and the City Attorney to look at them. City Attorney Kit Williams mentioned there would be redrafting he would need to do to make the letter clearer. Council Member Bunch agreed. She wanted to verify when the letter came in. Mayor Jordan: Are you all wanting to table? Is that what I'm starting to hear? Council Member Bunch briefly spoke of how she would be in favor of tabling the item due to having no time to look over the new letter the Council received. 1 13 `'Jest Mourtain Fayetteville AR 72701 t-1791 5 75-332 3 favettevdle-ar,gov City Council Meeting Minutes November 15, 2022 Page 7 of 23 City Attorney Kit Williams: Before you table I'd like to have the owner come up and tell me whether he agrees with this letter that came in today with the 15 proposed conditions of approval. And if you don't, which ones do you not agree with. Brian Teague: Kit, I would refer you back to the letter I wrote on Thursday or Friday of last week. What was in the letter today is in the conditions that I drafted. Mine are drafted in a way that I know we can actually perform as a developer and put onto our Large Scale Development. There are a lot of questions I have with the way the neighbor has drafted those. City Attorney Kit Williams: What's in your letter you agree with but what's not in your letter you don't agree with? Brian Teague: That's correct. Kara Paxton, City Clerk Treasurer: That letter was provided to you all by Mr. Werner who is a member of the public that spoke tonight as a citizen. Based on when we last heard this item, which was on October 4', 1 vaguely remember someone asking the group of individuals to get together and assign someone as the representative of all. Council Member Scroggin: The pedestrian pathway; you feel that financially you can do that at the 18? I know that six is attempt, but the others you feel like the numbers work out? Brian Teague: That's correct. Council Member Scroggin: On Number 6, I'm hoping staff can talk about that. I'm sure every major road that's missing a sidewalk somebody at the city has thought about at a previous point so hopefully it's not a complete rework. Jonathan Curth believed that could be beneficial. He briefly described the characterization of the north side of Old Wire between the project and the trail on Crossover. He estimated 600 feet of trail or sidewalk would need to be improved which would include the install of underground storm water and added grading. He mentioned that when staff reviewed this with the original subdivision and the Conditional Use Permit it was determined to be beyond that. He stated that when the city participates in a cost share arrangement with developments it would occur after the Planning Commission had granted that planning entitlement. He stated at that point the dollar amounts would be known, the construction level details would be firmer and the applicant could work with the city to forward a proposal to cost share. He does not believe we have those details yet. Council Member Scroggin: There is a fund for infill projects so it would be nice to know within an order of magnitude. We're not going to get any closer than that on costs but are we talking a couple hundred thousand or millions? I'm not asking you to answer that today. Council Member Turk: Is this within the location of the city that fund would qualify for? Chris Brown: What you're talking about is typically for Water and Sewer and they do have a fund set aside. We have a Cost Share Fund that's a part of the CIP that's not necessarily related to infill. 1 13 IjVest Mountain Fayetteville AR 72701 (479) 575-8323 vv�v v fayetteville-ar.gov City Council Meeting Minutes November 15, 2022 Page 8 of 23 It could be anywhere in the city but it's for situations like this where it's proven the city would like to see adjacent to or part of a development, but one that's above and beyond what the developer would be expected to participate in. Many time it's advantageous for us to cost share with that developer to get that done while they have a contractor there and are already doing work. That would be an opportunity to do that. The other mechanism for building sidewalks is through our Transportation Work Plan and we have budgeted money each year to build those. We do have a scoring system that we look at any kinds of projects and it's based on many factors; adjacency to schools, density and all kinds of things. I don't know where that would fall in that scoring system but that would be another mechanism we could look at. Council Member Turk: Do you know if this section that's on the list has actually been identified as something to be constructed in the future? Chris Brown: I don't know, I expect that it is. I can certainly look that up. Council Member Turk: The cluster housing is limited to twelve units without a variance. Doesn't a variance require a hardship or am I misunderstanding that situation? Jonathan Curth: There are two typical hardships the Planning Division works with. One is related to zoning code as far as lot width's and building heights, that tends to be a higher bar as far as what a hardship is entitled. It falls back on if the property has any practical use. As our Development Code goes, when you talk about development standards, whether it's a requirement to build a sidewalk or variance from the cluster housing development that threshold tends to be lower. It can be more in terms of if there's an outsized monetary impact that there could be some sort of development deficiency that could be gained but it's just a different form of hardship. But yes, it is a hardship requirement. Council Member Turk: Do you recall what justification for the hardship was under this project? Jonathan Curth: Certainly, and the applicant can clarify since it was their request. Largely what it came down to is there was intent to develop this many units and the way the lot is set up is it has access onto Old Wire Road, or frontage on Old Wire Road, through that lot where the detention pond is built. There's also an existing out lot from this subdivision that still fronts Oak Bailey and so it's possible they could've subdivided, or actually property line adjusted, this larger piece and include a portion of it with a piece on Oak Bailey. That piece would now have street frontage and maintain a piece that has frontage on Old Wire. In doing so, they could effectively create two discrete cluster housing developments. The developers concern, and one which staff agreed with, is it would not gain any benefit to the project. It may have actually outsized impacts providing possibly having duplicative driveways that may have a negative impact on the neighboring property owners. Ultimately, that's what it came down to and the request was to effectively combine what could be two cluster housing developments into one. Council Member Turk: Under our current regulations, without a variance, they could still split those and actually develop just the way you described? 1 13 Vlest 'i lcuntain Fayetteville. AR 127011 (1791 57 5-F323 viw,�m Fayetteville-af.go�' City Council Meeting Minutes November 15, 2022 Page 9 of 23 Jonathan Curth: They could. If you wanted to get into more of the details of what that may entail, the applicant has gone further down the road of that exercise. I may not be best to speak to that. City Attorney Kit Williams: It would be usual but that could still be appealed eventually to the City Council, just a lot line adjustment. Council Member Turk: Would they need a Conditional Use Permit and all of those things that we're talking about tonight too? Jonathan Curth: Yes. Cluster housing is a Conditional Use in this Zoning District regardless. Council Member Turk suggested tabling the item. She believed there were still things that needed worked out and she hoped the neighbors and developer would continue discussion. There was brief discussion over which City Council Meeting to table the item to. Council Member Bunch briefly spoke of how she needed more time to read and compare the two letters the Council received, especially the one they received the day of the council meeting. Council Member Scroggin stated he is good with tabling the item for two weeks if staff felt as though they could codify the things needed in two weeks' time. There was brief discussion of how the item would need to be tabled for three weeks' time. Council Member Scroggin moved to table the item to the December 6, 2022 City Council meeting. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the December 6, 2022 City Council meeting. New Business: 2023 Annual Budget and Work Program: A resolution to adopt the 2023 Annual Budget and Work Program. Paul Becker, Chief Financial Officer stated the city had an expanded Work Session last Wednesday to discuss the budget. He stated the overall budget was $216,228,000 in the Operating Budget and there would be an amendment in January that would increase budget close to $500,000,000. He stated the entire budget was up 13% all in all and the General Fund was up 13% as well. Council Member Jones: With the proposed new positions, does that include pay raises? Paul Becker: We've got an estimate for salary contingent for pay raises. We're not sure what that's going to be. We have a salary survey right now, we've got about $1.9 million dollars for 113 Vest Mountain Fayetteville, AP, 72701 I 575-I`J23 w.vsv,Fay�tteville-ar,gov City Council Meeting Minutes November 15, 2022 Page 10 of 23 potential raises at this point in time. We don't know if that is going to be enough, it's all going to be dependent on what the salary survey comes out and that will be out the end of February or early March. We do have an amount in there for potential salary increases in the General Fund. Council Member Jones: Is that the same as the pay study? Paul Becker: We don't know. The pay study isn't completed yet it's going on right now. A couple of things we do in the pay study, we have that at the end of the budget year for a couple of reasons; we want to see where the revenues are for next year and what direction they're going. One of the things we're doing this year is we're incorporating other budgetary increases for other entities who are within that study at this point in time. That takes time so we don't know what that study is going to be, if everybody has read in the news media there has been some pretty large increases, especially in Springdale. That's going to have to be looked at. Council Member Bunch: Is there a request for an additional Animal Services Officer? Paul Becker: Yes. Council Member Bunch: So that's in here; one additional person and one truck? Paul Becker: Yes. Council Member Scroggin: How many open positions do we have right now in the city? Paul Becker: Right at this point in time? I don't know if I have that handy. We have a substantial number of open positions. Council Member Scroggin: Public Safety is the most, right? How many Police Officer openings do we have? Not new positions but positions we have advertised that's not filled. Paul Becker: Right now, we have 15. Jamie would you mind answering that? Jamie Fields, Deputy Chief: We have nine vacancies today. Paul Becker: They've just interviewed and have made offers but we do have open positions in the Police. We have a substantial number of openings currently throughout the city. Council Member Scroggin stated there were many open positions. He believed it would make sense to fill the vacant positions and not add as many new ones. Council Member Turk noted the current budget did not include Lake Fayetteville improvements. Paul Becker: That's correct, other than what will be carried on right now. We've got a study going forward the City Council approved and that's going on right now. That'll be carried over when we bring over the uncompleted capitol programs. 113 !Nest Mourrtam Fayetteville, AR 72701 (479) 575-8323 tvvdta Fayetteville-ar,gov City Council Meeting Minutes November 15, 2022 Page 11 of 23 Council Member Turk stated she would like to make a budget adjustment to continue the work and implement what was recommended. She questioned if now would be a good time to make a motion to amend the budget to add $500,000 for cleanup of Lake Fayetteville based upon Olsen's recommendations, once they come out with the report. Paul Becker: We have a couple of options; City Council can make an amendment to the budget before you or you could make a budget amendment any time during the fiscal year to meet that need once you know what the need is. We don't know what the study is, we won't know for a while. Council Member Turk moved to amend the budget to add $500,000 for continuation of the Lake Fayetteville implementation based on the recommendations of the study. Council Member Scroggin seconded the motion. Paul Becker, Chief Financial Officer, began speaking during the motion. City Attorney Kit Williams advised that we wait for discussion until there was a proper second on the motion. Mayor Jordan stated Council Member Scroggin seconded the motion. Paul Becker: Right now, we're paying for the study under American Rescue Plan Act (ARPA) funds. This is ARPA qualified so I suggest the $500,000 you're requesting would be in the ARPA funds section for contractual services at the Lake Fayetteville. We can put that in at that point in time. Council Member Turk spoke of how she wanted to ensure there would be plenty of ARPA funding left for nonprofits. She asked the City Council Members to approve allocating the $500,000 and then at a later time decide if it would come from the General Fund or ARPA funds. Paul Becker stated the Council needed to choose where the funds would come from right now. He spoke of how it could change in the future when the Council comes forward with a contract. Council Member Turk: I suggest we hold off on where the funds come from. Can we do that? Paul Becker: No. With the $216,000,000 budget, if we're going to amend it now, we have to say what to amend to increase for half a million dollars. Your motion would have to address that. Council Member Turk: I move that we amend the General Fund to increase it by $500,000. Later on, if there are plenty of ARPA funds remaining, we could use ARPA funds. I want to ensure we have plenty of funds available for nonprofits. Paul Becker: I suggest, if you want to do that instead of the General Fund, then you should suggest we appropriate it in the Sales Tax Capital fund. That's where most of the Capitol projects are. Council Member Turk: That would be my motion. What your recommendation is, Paul. The Sales Tax Capitol Improvement fund. Council Member Hertzberg: Is this taking away from any other projects in that fund? 1 13st \launtain F3yettaville ,AR 72701 (479) 575-0323 ri�+r.v.fayetteville-ar,gcv City Council Meeting Minutes November 15, 2022 Page 12 of 23 Paul Becker: No, it'll have to pull some money from reserves at that point in time. You're going to go into a deficit of a half a million dollars at this point in time. We could sufficiently cover that if in fact we come forward. Once the appropriation has set, we'll have to come back with a contract to actually spend the money, but at this point in time it would come out of reserves. Council Member Hertzberg: Would it be that full amount; $500,000 from reserves? Paul Becker: Yes. Council Member Jones appreciated Council Member Turk on looking out for nonprofits. He stated he thought the same thing. He believed the salary of the new Police Officer positions should be comparable to the City of Springdale, where they start out with a salary of $53,000-$55,000. Paul Becker stated that was a concern of his and the Mayor's. He stated he would address that but he won't know what the number would be until he saw the pay study. Council Member Wiederkehr stated he would be comfortable if the appropriation was from ARPA funds. He briefly spoke of how clean water was on the top three listings that ARPA funds were identified for. He stated he wrote to staff previously in regard to considering ARPA funding for the Lake Fayetteville water quality project. He would prefer if the $500,000 came from infrastructure money. He mentioned this would be his 33`d year to appear in a municipal budget. Council Member Jones: As far as the nonprofits are concerned, where do we stand with making sure they receive what they've applied for? There is a lack of funding for Social Service opportunities, especially since COVID. We know things have become even more rough so I am concerned about making sure our nonprofits, especially those who are on the front line, have the funding they need to support our most marginalized. Paul Becker: Right now, we have a couple of ARPA projects coming forward. Tonight, we have the Ambulance Authority and the other one that Council Member Bunch on Peace at Home. We are going to be coming forward with a couple of recommendations at the next meeting. One of the things we're going to be looking at is revenue loses and see what can be documented. We're bringing items forward as we progress, there is still a substantial amount of money in the ARPA fund to address some of the needs of the nonprofits. Council Member Hertzberg stated she was not in favor of moving the $10,000,000 from City Infrastructure projects to the nonprofits, not because she does not support nonprofits but because she believed it was important the city had the infrastructure projects covered. She would be more in favor of the Lake Fayetteville cleanup coming from ARPA funds. She made an amendment to move the earlier amendment back to ARPA funds. Council Member Turk: Quick question to Paul. Once we start identifying where all these ARPA monies are going, the amounts and what the remaining balance is, if there is plenty of funding left is there possibility of moving the Lake Fayetteville funding to ARPA and releasing that from the Sales Tax Capital Improvement fund? 1 13'West Mountain Fayetteville AR 72701 (479) 575-3323 www fayetteville-ar.gov City Council Meeting Minutes November 15, 2022 Page 13 of 23 Paul Becker: One of two things we could look at; we could actually do either one. We wouldn't necessarily have to move it back, we could look at that because that's a capital improvement anyways. The money we transfer in, part of the issue with that is there is a difference in the reporting period and stuff of that nature. Let's look at the ARPA funds, number one we don't have to have that committed until 2024. We don't know how all of these are going to play out but if we in fact transfer part of the ARPA funding, like we talked about, $6.9 million dollars and I'll be coming forward with a request to do that, our recommendation was that's spent on capital programs. We favored and we supported Water and Sewer because we felt that helps all of the city residents, especially the citizens with difficulty paying their utility bills. At that point in time we could also look at using part of that out of Lake Fayetteville, it would be eligible either place. I'm hoping I'm not confusing everybody but it would be eligible either place. It's eligible off the top out of ARPA because water quality was specific in the legislation that Congress approved. Once we get it in the General Fund, if we get it in to the Capital Program, it would be eligible for anything that's a legal capitol program for us. Council Member Turk stated she would like to keep it in the Sales Tax Capital Fund to ensure the city has funding for nonprofits. Council Member Jones stated he hoped the council would not venture into the conversation of either or, because they could do both. He explained how water quality and helping nonprofits were equally important. He appreciated Council Member Turk for keeping her amendment. Council Member Wiederkehr spoke of how there was greater flexibility in the city's reserves. He stated the $6.9 million is committed already, they just don't know what it would be spent on yet. He briefly spoke of why he believed the $500,000 should come out of the $6.9 million. Paul Becker: The remainder of the $6.9 million, because we've already transferred over $2,000,000, we have roughly $5,000,000 we would transfer into the General Fund. I'll be coming forward with that at the next meeting, requesting that's transferred into the General Fund and you'll have to apply that with certain expenses. Once it's there in a resolution, I'm going to ask that be committed. That commitment doesn't restrict you, you can later change it. I would recommend that we commit it and it's like a reserve for later transfer into the Sales Tax Capital fund, from there you can decide how we want to disperse it later. That would be my recommendation. The City Council received 9 public comments regarding this resolution. Susan Norton, Chief of Staff: Mayor Jordan, would you mind reminding everyone what the comment period is on. I'm afraid we might have some people ready to speak on ARPA and really this is about the amendment to the budget. Mayor Jordan: What we're talking about is we have a motion to take the money out of Sales Tax reserves, correct? It's an amendment to the budget to take $500,000 out of the Sales Tax reserve. Susan Norton: This is a discussion on the budget, thank you. I'm afraid we might have others who want to talk about other topics. 113 'Nest Mountain Fayetteville AR 72701 (479) 575-3323 Evwwjayetteville-ar,gov City Council Meeting Minutes November 15, 2022 Page 14 of 23 Council Member Turk moved to amend the resolution to move $500,000 from Sales Tax Capital Reserves to fund the cleanup recommendations made by Olsen. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Council Member Turk briefly spoke of the Pick Me Up program. She made a motion to amend the budget to add another $20,000 so they could implement the pilot program that appeared to be successful. Council Member Jones seconded her motion. He briefly spoke of how residents had been bragging of how Walker Park looked. He appreciated what everyone had done as it related to making Walker Park nice. He gave his appreciation to Council Member Turk for making the recommendation because he was going to do the same. Paul Becker clarified what Council Member Turk's motion should read. He stated she is going to amend to increase the Sustainability and Resilience Program in the General Fund to add $20,000 to services and charges. Council Member Turk moved to amend the resolution to increase the Sustainability and Resilience program in the General Fund by $20,000 to services and charges. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Council Member Harvey moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed unanimously. Council Member Hertzberg arrived after Roll Call was taken. Mayor Jordan gave her the opportunity to vote, she voted yes. Resolution 267-22 as recorded in the office of the City Clerk Appeal CUP 2022-0077 (1616 S. Price Ave/Oade): A resolution to grant the appeal of Council Members Mark Kinion, Sloan Scroggin and Sonia Harvey and approve Conditional Use Permit CUP 2022-0077 for a Short -Term Rental at 1616 South Price Avenue. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated staff found the request to be compatible and recommended in favor of it. He stated Planning Commission denied the request unanimously. He spoke of how several members of the neighborhood came before the City Council and spoke previously in broad terms about the ordinance and their concerns. He stated Council Member Turk, Council Member Harvey and several residents attended the tour last Monday. He stated Robert Rhoads was present as the representative for the applicant and Aaron Oade was available via zoom. Robert Rhoads, Hall Estill Attorneys at Law introduced Colt, the applicant Aaron Oade's brother. He introduced Mr. Oade's parents and stated they would be relevant in the discussion. He briefly spoke of the comments he had heard in regard to the item and the history the family had in building the house. He described the applicant's family ties with Fayetteville because the neighbors had concern that the landlord was out of state and didn't have any roots in Fayetteville. He stated the 113 Iilest Mountain Fayetteville. AFI, 72701 (479) 575-3323 vr.iw,fayetteviIIe-ar,gov City Council Meeting Minutes November 15, 2022 Page 15 of 23 applicant did not want to rent the house, but instead wanted the ability to use the house as an Airbnb so he could make the mortgage payment and still share the house with his family. He briefly addressed the restrictions that would be placed on the house on Airbnb. He mentioned details from the tour that residents and some Council Member's attended. He stated that Mr. Oade intended to keep his house, the yard and the creek behind his house clean and if Mr. Oade was not able to do so then his dad or brother would. He stated the Conditional Use Permit request was compatible with the neighborhood and he hoped the Council would support the item. Council Member Turk gave her thanks to the applicant for giving the tour. The City Council received 6 public comments regarding this resolution. Council Member Hertzberg stated if the owner were absent 100% of the time and rented the house long distance she would be against it. She believes this operationally sounded like a Type l Short -Term Rental. She stated she would be in support of the item. Council Member Scroggin stated he was having trouble seeing how the item was fundamentally different from the other Conditional Use Permits they had already approved. He hoped to hear something from fellow Council Members that could show him how the item was different, other than the neighborhood. Council Member Harvey gave her thanks to Jonathan Curth and everyone who came to the tour. She was concerned that if the Council approved the Conditional Use Permit for the one item then the neighborhood could potentially become all Airbnb. She commended the Oade family for being open about the Airbnb because there were a lot of people that had not gone through the process or been open about their Airbnb. She stated the Council had just approved a hotel so there would be more places for people to stay soon. She briefly spoke of how the Parks Dell group worked hard to preserve their neighborhood and that they do not want Airbnb's. Council Member Jones stated he had conversations with the residents and he appreciated their advocacy and communication. He stated he echoed everything Council Member Harvey said and he was concerned. He would not be in favor of the item. Council Member Bunch gave her appreciation to everyone and the neighborhood. She's concerned about the restrictions for the Airbnb and how that would be enforceable. She briefly spoke of how she understood why the family wanted to hold onto their house. She stated she had not decided how she would vote on the item yet. She would like to hear from her fellow Council Members to see what their perspective was. Council Member Wiederkehr stated the Council had Type One applicants and Type Two applicants but this was the first time the Council had a type one and a half applicant. He briefly spoke of how that was the second time the Council had some of the most civil discourse and how courteous the community behaved and he felt privileged to have witnessed it. Council Member Wiederkehr: In our months and months of Type Two Short -Term Rental discussions, we have had an outstanding number of Type Two Airbnb's that had not obtained 1 13',-Vest -Mountain Fayetteville AR 727011 (479) E75-3323 envuv_fayetteville-ar.yov City Council Meeting Minutes November 15, 2022 Page 16 of 23 licenses yet that could be impacting our 2% threshold. I'm wondering if we've had any luck in identifying what is theoretically our actual number of Type Two rentals at this time? Jonathan Curth: Yes and no. One thing we've learned is that there is a lot of churn in the Airbnb market and we've realized there is a lot of Airbnb operators moving into the market at about the same rate they're moving out of the market. That makes getting properties into compliance challenging. I'm not saying that to equivocate on my answer, I think definitively there are still a large number that remain unlicensed. In terms of probably several hundred, at least 200, but possibly up to 300 based on the information we've been able to glean. Council Member Wiederkehr: I'm just wondering how close we're getting to that 2% threshold if you consider the actuality of where we are? Jonathan Curth: When it comes to the number of licensed Type Two Short -Term Rentals we are not near the 2% cap. However, if you include the ones that intemet data suggests are out there, we may be butting up against that 2% cap. Council Member Turk briefly described what made Parks Dell unique. She stated it was an oversight on the Council's part that they did not consider this zoning type in their discussions. She spoke of how the neighborhood already had one Short -Term Rental which put them over the 2% cap. She applauded everybody's civil behavior in regard to the item and thanked everyone. She would not be in support of the application. Council Member Bunch: Jonathan I have a question. If this is not rented out by the night, if it's rented out by the month, do they have to apply for anything if they wanted to rent it monthly? Jonathan Curth: The short answer is no, the more detailed answer is we define Short -Term Rentals as anything rented out on a basis of less than 30 days. That's considered a Short -Term Rental, anything else would be a Long -Term Rental. Council Member Bunch: If they wanted to rent it out so many months out of the year and not have to be here at all tonight, if they wanted to rent it out at least 30 days at a time? Jonathan Curth: That's correct. If leases were written on a month by month basis as opposed to daily or weekly. Council Member Scroggin: So far nobody has answered my question. It's about that unit of housing, what makes this unit of housing fundamentally different than other units of housing? Not the neighborhood. If we want to start banning certain neighborhoods from having them then that needs to be the discussion and a lot wider discussion than let's stop it at this one applicant and not all of them. That's where my concern is that there's nothing fundamentally different about this house than in another neighborhood where we may have agreed. It seems like we're having discussion that should be about the whole city or neighborhoods or something of that nature and not arbitrary. 3 Vlest Mountain Fayetteville. AR 72701 (479) 575-3323 www fayetteville-ar.aov City Council Meeting Minutes November 15, 2022 Page 17 of 23 Council Member Kinion believed the family had a great business model and plan. He briefly spoke of how there were modest neighborhoods in Ward 2 that had been destroyed in the last twelve years from allowing higher density and a lot of rentals. He explained how the city needed to look at the way they were managing the licensing for rentals. He stated he would be staying with the original Planning Commission vote and would not be in support of the item. Council Member Harvey: Just to confirm, if I want to move we vote is that what I need to do? City Attorney Kit Williams: If you believe the City Council is ready to vote then you just make a motion to pass the resolution and that would be to grant this Conditional Use Permit. If you look at the form that was presented to you, it says with the following conditions and there's some lines there that are blank at this point in time. If you're going to vote it down you don't have to worry about those lines but if you're going to approve it you might want to put in the conditions that were offered by the applicant. That's up to you. Council Member Harvey: Can we put those conditions in there? City Attorney Kit Williams: Someone can make a motion to amend the resolution to include all of the conditions that were offered by the applicant's attorney. Council Member Harvey: I move that we go to the vote because I want to see if people want to approve or deny. City Attorney Kit Williams: If it's approved and you want to put conditions in then you could move to reconsider and try to put them in if people will vote for that. But, if it's approved then it's approved. Council Member Harvey: Is somebody wanting to move to add them? Council Member Bunch: I would move to amend to add the conditions as stated by the attorney because if it gets approved then you can't add anything to it. There was brief discussion of putting an amendment on the appeal_ Council Member Turk: Do we have those conditions that Robert Rhoads voiced? City Attorney Kit Williams: We have them on tape and maybe he'll give them to me in writing. Jonathan Curth: As written, does the resolution include the conditions of approval that were proposed by staff to the commission as well? There were nine conditions that staff was recommending with the Conditional Use Permit. City Attorney Kit Williams: That's a good point. So far the motion doesn't include that. There was brief conversation of Council Member Hertzberg adding staff s recommendations to Council Member Bunch's amendment. 1 13 'Nest tilcuntain Fayetteville. AR 7270 1 (479:, 575-3323 vr,v,rv.fayetteville-ar.gcv City Council Meeting Minutes November 15, 2022 Page 18 of 23 Council Member Bunch moved to amend the resolution to add the conditions the applicant's attorney submitted and add staffs recommendations. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. Council Member Hertzberg moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution failed 3-5. Council Members Hertzberg, Scroggin and Bunch voting yes. Council Members Harvey, Jones, Kinion, Wiederkehr and Turk voting no. This resolution failed. Appeal CUP 2022-0071 (2352 W. Houston St./Walnofer): A resolution to grant the appeal of Council Members Holly Hertzberg, Mark Kinion, Sonia Harvey and Sloan Scroggin and approve Conditional Use Permit CUP 2022-0071 for a Short -Term Rental at 2352 West Houston Street. Jonathan Curth, Development Services Director gave a brief description of the property. He stated staff found the request compatible and recommended in favor. He stated the Planning Commission denied the item with a vote of 5-3. He stated the applicant's intent with the unit was to be able to offer it as ADA accessible. He stated there were a large number of residents to the East that were members of the Life Style's program and the lead representative of Life Style's spoke opposed to the item. He noted that Kristen Walnofer was available. Kristen Walnofer, Applicant briefly spoke of what motivated her to try the Short -Term Rental business. She stated Short -Term Rentals created income for small businesses owners and created income locally. She briefly described the logic, reasoning and facts regarding Short -Term Rentals. She noted that Airbnb sent a representative to virtually scan her space to confirm how handicap it was. She was shocked a representative from Life Style's spoke out against her item. She briefly spoke of the crime rate around the property. She plans to give 10% of the proceeds from the Short - Term Rental to handicap minded nonprofits. She stated she could post in her Airbnb profile that a percentage of the proceeds would go to Life Styles, she believes that would be an empowering way to introduce her renters to a local handicap nonprofit. She stated Houston Street is a public street that Life Styles does not own, there were no homeowners associations, it was not neighborly and there was no community there. She felt as though Life Styles swayed the Planning Commission and they stated that if someone stayed in her home for less than 30 days then they could pose eminent harm to handicap individuals living on the street. Council Member Hertzberg stated she brought the item to the Council to consider because she disagreed with the Planning Commissions denial. She believed the Short -Term Rental would be an appropriate placement next to Life Styles because it aligned with that mission. She stated she supports the resolution. Council Member Harvey echoed what Council Member Hertzberg said. 1 13 VIest lblountain Fayetteville AR 72701 (479) 575-3323 vw%,v.fayetteville-ar.gov Council Member Turk appreciated the thoughtfulness that went into the property. fit with the neighborhood. City Council Meeting Minutes November 15, 2022 Page 19 of 23 tour they received and briefly spoke about the She believed the Short -Term Rental would be a good Council Member Jones appreciated the applicants willingness to share her proceeds to Life Styles and for making the property equitable and accessible. He questioned why the Planning Commission denied the item. Jonathan Curth: The conversation revolved around the commissions concerns for the residents in the Life Styles program that are also living in the area. It wasn't just Life Styles that spoke the concerns, there were at least two parents that wrote in to the Planning staff with their concerns as well. There was a similar request in location that was denied recently, it was distinct in that it did not offer an ADA accessible element to it. The Council may recall there was an applicant, Mr. Gunn, who had solicited support for an appeal which ended up not getting traction. Council Member Jones: The presentation that you showed us, did the Planning Commission see that and see how compatible that is to Life Styles? Jonathan Curth: It was generally the same presentation. I largely use the Planning staffs presentations and then modify them for you all to include Planning Commission information and vote information. The content was largely identical. Council Member Bunch: Does Life Styles own the duplexes they rent or do they just rent them for people? Jonathan Curth: From what staff looked at following the previous denial, not this item, it does appear they are all owned by individuals and Life Styles either contracts or leases from them. I may be incorrect. Council Member Bunch: I'm just wondering because everyone else that comes out is an owner that says an Airbnb in my neighborhood is threatening to my neighborhood. Jonathan Curth: It's a series of LLC's and none of them are clearly Life Styles. The City Council received 1 public comment regarding this resolution. Jonathan Curth stated he briefly looked over the property records and it appeared seven units in the southern cul-de-sac are owned by Life Styles. He stated there were 20 LLC's that he could not confirm who owned or occupied them. Council Member Hertzberg made a brief closing statement. She believed that individuals who required more accessible environments should also be able to participate in Short -Term Rentals. She voted to approve the resolution. 1 I hlast Mountain Fayetteville_ AR 7270 1(479) 575-3323 vev�,v.iayetteville-ar.gov City Council Meeting Minutes November 15, 2022 Page 20 of 23 Council Member Scroggin stated it appeared an organization was asking the council to encumber somebody else's private property so the organization could buy it. He stated that did not sit well with him. He would be voting to approve the Conditional Use. There was brief conversation of Council Member Hertzberg making the motion to approve. Council Member Bunch stated she would second the motion. Council Member Harvey enjoyed visiting with the applicant and meeting her family. She noted this was the first business the applicant had launched. Council Member Wiederkehr was concerned about the true ADA accessibility and he appreciated Jonathan Curth for confirming it. He commended the applicant for communicating everything she wanted to communicate during her presentation. City Attorney Kit Williams: I have a procedural question I want to ask the City Council. We are just starting to do these Short -Term Rental appeals. My suggestion would be in the future we include all of the conditions the Planning Department has recommended to start with. It doesn't mean you have to stay with theirs and can't change or add something to it. Here it's blank again, so I'd ask that before you do any vote on the actual adopting of the resolution to add all of the conditions that the Planning Department had placed upon this particular Conditional Use. Council Member Bunch: Do we need to amend that then? City Attorney Kit Williams: We have to amend the resolution because right now it's blank and my suggestion is that it's not going to be blank anymore. If it's okay with you we will include the Planning Departments conditions so you don't have to amend it in the future if you don't want to. Council Member Bunch: Is the applicant aware of what the Planning Department conditions were? Kristen Walnofer: I did not receive any communication on that, nor did I receive any public comment or notes. Jonathan Curth read through the conditions the Planning Department recommended. Council Member Bunch: I would like to ask you, the applicant, if you are in agreement with all of these terms? Kristen Walnofer: Yes, I am in agreement. I did see, now that Mr. Curth spoke, I have seen that has been said about Short -Term Rentals in the past. Yes, I agree. Council Member Hertzberg moved to amend the resolution to add the Planning Commission's recommendations. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. 113 Vilest Mountain Fayetteville, AR 72701 (479) 575-3323 www.fayetteviIIe-ar.gov City Council Meeting Minutes November 15, 2022 Page 21 of 23 Council Member Harvey moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed unanimously. Council Member Harvey briefly spoke of how this would be a great opportunity for people who need accessible units to visit their friends who need accessible units. She stated this was creating and expanding the community and she hoped the community could see it that way. She briefly spoke of her experience with Airbnb's and how if the description of the property included accessibility and special needs it would attract her to the neighborhood. Council Member Turk echoed Council Member Harvey's comments. She mentioned putting context in the description of the Airbnb about driving slower and being more conscientious. Mayor Jordan briefly explained how the City of Fayetteville needed to get a Short -Term Rental ordinance done. Council Member Bunch stated they were working on getting one done. Resolution 268-22 as recorded in the office of the City Clerk WCRAA Subrecipient Agreement: A resolution to approve a Subrecipient Agreement with the Washington County Regional Ambulance Authority to provide funding from the American Rescue Plan Act in the amount of $757,917.00 for premium pay for essential workers and the purchase of power load stretcher systems, four new ambulances, and an ambulance remount, and to approve a budget adjustment. Fire Chief Brad Hardin: I've went over this multiple times with you all about the funding impact from COVID so I'm not going to go over it again, unless you want me to. Central EMS has struggled greatly and this money will be put to good use. Do you have any questions? Mayor Jordan: No, I know that Council Member Hertzberg is on the committee. I'm on the Executive Committee, as I've said at the meeting if we're going to be a world class region we need to have a world class ambulance service. I'm very familiar with them. What questions do we have? Council Member Scroggin moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed unanimously. Resolution 269-22 as recorded in the office of the City Clerk Peace at Home Family Shelter Subrecipient Agreement: A resolution to authorize Mayor Jordan to sign a Subrecipient Agreement with Peace at Home Family Shelter for the expansion of the emergency shelter for survivors of domestic violence utilizing American Rescue Plan Act Funds in the amount of $686,500.00 and to approve a budget adjustment. Council Member Bunch described why she brought the item forward. 1 13 ,VestMountain Fayetteville. AP. 72701 (479) 55-332: v-.vv/ Fayetteville-sr,aov City Council Meeting Minutes November 15, 2022 Page 22 of 23 Eva Terry, Development Director with Peace at Home briefly spoke of the work they did at Peace at Home. She stated there has been a 24% increase in calls for service since the beginning of COVID. She briefly described the statistics and scenarios that Peace at Home help those suffering through domestic violence with. She stated what they proposed would result in a 20% increase in their capacity to provide emergency safe shelter for survivors of domestic violence. Council Member Jones thanked Eva Terry for explaining how the program worked and stated he is a big supporter of their work. Council Member Bunch stated she would like to remind all of the Council that this ranked highly on the projects that the Council had requests for. Council Member Wiederkehr: Do I remember reading that these would be family rooms and perhaps slightly different than your existing rooms? Eva Terry: They would each have their own bathroom. Since we completed a renovation near the beginning of COVID all of our rooms now have their own bathrooms. Before COVID, different families would potentially be sharing bathrooms and we've changed our model so that each family has access to their own bathroom for public health and safety reasons and to make it a more welcoming environment. Council Member Scroggin appreciated all the emails of support he received about the item. Council Member Harvey thanked Council Member Bunch for bringing the item forward. Mayor Jordan stated Peace at Home was a wonderful organization and they gave people hope when they may not think they had a prayer. Council Member Scroggin moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution passed unanimously. Resolution 270-22 as recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff. It's an exciting time, we're getting ready to kick off the holiday season. Friday night is flipping the switch of the Lights of the Ozarks downtown on the Square with a parade. It starts at 6:00 PM. Kara Paxton, City Clerk Treasurer reminded everyone that the Board Committee and Commission application deadline was November 28`" at 5:00 PM. She stated it usually ended on a Friday but would end on a Monday due to the holiday. Council Member Jones stated he and Council Member Harvey would be hosting a tailgate at 2:00 PM on November I9tn 113 1/lest Mountain Fayetteville. AR 72701 (479) 575-3323 ww%rr.Fayetteville-ar,gcv City Council Meeting Minutes November 15, 2022 Page 23 of 23 Council Member Scroggin stated an Ordinance Review meeting would be held over Short -Term Rentals on November 16tn Council Member Turk stated those who would still be a part of the City Council in 2023 would need to take water training before the end of the year. Susan Norton stated if the Council would look in their email they would see a note from Tim Nyander to do the training. Citv Council Agenda Session Presentations: Pick me up - Litter Abatement and Bridge to Work Program presented by Heather Ellzey, Fayetteville Environmental Educator. American Rescue Plan Act (ARPA) update by Paul Becker. City Council Tour: Oade and Walnofer Short -Term Rental Appeals (Agenda Items 2022-1005 & -1003) Date: November 14, 2022. Time: 4:30 PM (beginning at Oade property). Address: 1st: 1616 S. Price Ave. (Oade) and 2nd: 2352 W. Houston St. (Walnofer). Parking: Parking varies by location, with limited on -site, driveway parking available. Request: Appeals of Short -Term Rental permit denial by the Planning Commission. Adjournment: 9:35 p.m. ..�7' `AYETTEVII_LE•:'z� Kara axton, Cityelerktre4surer �•� :'ti7,. :ta -.; s-m evsvw Fayetteville-ar gov