Loading...
HomeMy WebLinkAbout2023-04-18 - Minutes -Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting April 18, 2023 City Council Meeting Minutes April 18, 2023 Page 1 of 21 Council Member Scott Berna 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 April 18, 2023 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Sonia Harvey, D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Rcco nitions: None City Council Meeting- Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Approval of the April 4, 2023 City Council Meeting Minutes. APPROVED 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www_fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 2 of 21 Accept Funding from HIDTA and Budget Adjustment: A resolution to approve a Memorandum of Agreement with Washington County to accept funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $98,066.00 for the Police Department, and to approve a budget adjustment. Resolution 92-23 as recorded in the office of the City Clerk Purchasing of Bunker Coats and Pants for the Fire Department: A resolution to authorize the purchase of bunker gear and coats from Lion Manufacturing through NAFECO, INC., pursuant to a Sourcewell Cooperative Purchasing Contract, in the amount of $154.439.10 plus applicable taxes and freight charges. Resolution 93-23 as recorded in the office of the City Clerk Interest Budget Adjustment to 2019 Phase I Bonds: A resolution to approve a budget adjustment in the amount of $463,032.00 recognizing interest revenue generated from the Sales & Use Tax Capital Improvement and Refunding Bonds Series 2019. Resolution 94-23 as recorded in the office of the City Clerk Amend Resolution 35-23 and Approve a Budget Adjustment: A resolution to amend Resolution 35-23 by reducing the amount of re -appropriations to the 2023 budget by $3,031,724.00, and to approve a budget adjustment. Resolution 95-23 as recorded in the office of the City Clerk West Side Prairie Habitat Restoration and Management: A resolution to authorize a one year contract with the Northwest Arkansas Land Trust in the amount of $20,000.00 for habitat restoration and management at the West Side Prairie with an option to renew for five additional one year terms. Resolution 96-23 as recorded in the office of the City Clerk Park Impact Fee Study: A resolution to express the intent of the City Council to engage a consultant to perform a Park Impact Fee Study. Resolution 97-23 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 23-004 (2910 N. Old Wire RdNan Scyoc, 255): An ordinance to rezone that property described in Rezoning Petition RZN 23-004 located at 2910 North Old Wire Road in Ward 3 for 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 3 of 21 approximately 14.70 acres from RSF-4, Residential Single Family, 4 units per acre and R-A, Residential Agriculture to R-A, Residential Agriculture and NC, Neighborhood Conservation. At the March 21, 2023 City Council Meeting, this ordinance was left on the First Reading. At the April 4, 2023 City Council Meeting, this ordinance was left on the Second Reading. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director had no new information on the item. He was available for questions and noted that Mitch Weigel was present as the applicant. Mitch Weigel, Applicant spoke briefly of the request. He described the vehicle accidents in the area and believed the installation of the traffic lights had alleviated the amount of accidents. He estimated they would build around 54 to 55 units on the property. Council Member Bunch thanked the applicants and neighbors. Council Member Turk thanked Jonathan Curth and staff. She had driven near the property and believed the traffic was not as big of an issue as she had initially thought. She believed the NC zoning was too dense for the neighborhood and believed RSF-8 zoning would be more appropriate. Council Member Berna was concerned about the traffic but would rely on staff to study the issue and make recommendations. He would be in support of the request. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Jones, Moore, Wiederkehr, Berna, Bunch, Hertzberg and Harvey voted yes. Council Member Turk voted no. Ordinance 6656 as Recorded in the office of the City Clerk Amend 130.39 Graffiti: An ordinance to Amend §130.39 Graffiti in the Fayetteville Code to create a Graffiti Abatement Program. At the December 6, 2022 City Council meeting, this ordinance was amended to add Exhibit A and omit leasehold tenant. This ordinance was left on the Second Reading and tabled to the January 3, 2023 City Council meeting. At the January 3, 2023 City Council meeting, this ordinance was left on the Second Reading and tabled to the February 7, 2023 City Council meeting. At the February 7, 2023 City Council meeting, this ordinance was tabled to the February 21, 2023 City Council meeting. At the February 21,2023 City Council meeting, this ordinance was left on the Third Reading and tabled to the April 18, 2023 City Council Meeting. Council Member Turk moved to amend the ordinance to match the proposed amendment document in the agenda packet. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 4 of 21 City Attorney Kit Williams read the amended ordinance. Council Member Turk presented a slideshow with pictures of graffiti in Fayetteville. She had received many complaints in the past regarding graffiti and thanked City Attorney Kit Williams for working on the revised ordinance. She believed the revision made it clear that the city would need to have an agreement with the property owner or tenant before removing graffiti. Council Member Harvey thanked Council Member Turk for working with the Arts Council. She questioned if there was a time constraint for contacting the owners of private property. City Attorney Kit Williams stated that was no longer part of the ordinance. Council Member Turk stated there was not a time limit on removing graffiti but the goal was to remove it as rapidly as possible. There was brief conversation of the art wall that would be on the pump station at Poplar Street. Council Member Turk was hopeful this would be an opportunity for graffiti artists to express themselves in an appropriate location. Council Member Harvey thanked Joanna Bell and staff for their work on the proposal. Council Member Moore spoke of her work with community members. She questioned what the interpretation for the language in Section C about graffiti being removed promptly meant. City Attorney Kit Williams stated Subsection D was about removing graffiti from private property. He explained how the administration would administer the ordinance if it were approved. He spoke of how we were not putting time limits on removing graffiti in the ordinance but the intent was to remove it quickly. Council Member Moore asked if there would be a time range to clarify what promptly meant. City Attorney Kit Williams explained how there was no set time range in the ordinance. Mayor Jordan stated it would be up to him to decide. Council Member Moore asked if utility companies were contacted in regard to the change. City Attorney Kit Williams answered no. He explained how the utilities were in our right-of-way through our permission and that the utility agreements were primarily dictated by the City Council. Council Member Moore asked if there had been discussion on how graffiti would be removed on different surfaces. She was concerned about the liability, labor and future cost that could potentially bring to the city. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 5 of 21 Council Member Turk had a conversation with the Chief of Staff about using appropriate techniques to remove graffiti on different surfaces and explained that the decision would be up to administration. She would be open to any adjustments if the council needed to make revisions. Mayor Jordan stated we would use good judgment in making decisions on removing graffiti. City Attorney Kit Williams stated we would not remove graffiti from private property without the owner's consent. He explained that if a property owner wanted us to match the color that would be what we would do or we would choose not to remove the graffiti. Council Member Moore questioned that if a property owner had graffiti visible to the public and said no to removing it, would there be anything in the ordinance that would make them take action. City Attorney Kit Williams stated there was not. He briefly spoke of Subsection F in the ordinance and how the International Maintenance Code might have some effect on a property owner that had graffiti on their property. Council Member Bunch thanked Kit Williams and Council Member Turk. She spoke briefly of the request and explained how we could work with citizens on the removal of graffiti. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Bunch, Turk and Harvey voted yes. Council Member Hertzberg was absent for the vote due to technical difficulties. Ordinance 6657 as Recorded in the office of the City Clerk An Ordinance to Amend §51.136 Monthly Water Rates and §51.137 Monthly Sewer Rates: An ordinance to amend §51.136 Monthly Water Rates and §51.137 monthly Sewer Rates to change Water and Sewer rates as recommended by Cost of Service Study conducted by Black & Veatch. At the June 21,2022 City Council meeting, this Ordinance was left on the First Reading and tabled to the July 19, 2022 City Council meeting. At the July 19,2022 City Council meeting, this Ordinance was left on the Frist Reading and tabled to the December 6, 2022 City Council meeting. At the December 6, 2022 City Council meeting, this Ordinance was left on the Second Reading and tabled to the March 7, 2023 City Council meeting. At the March 7, 2023 City Council meeting, this Ordinance was left on the Second Reading and tabled to the April 18, 2023 City Council meeting. Paul Becker, Chief Financial Officer requested the item be tabled to the May 16, 2023 City Council Meeting. Council Member Bunch moved to table the ordinance to the May 16, 2023 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Jones, Moore, Wiederkehr, Berna, Bunch, Turk and Harvey voted yes. Council Member Hertzberg was absent for the vote due to technical difficulties. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 6 of 21 This ordinance was tabled to the May 16, 2023 City Council meeting. ARPA Subrecipient Application — Serve NWA DB/A New Beginnings: A resolution to approve and authorize Mayor Jordan to sign an ARPA funded subrecipient agreement with Serve NWA for supportive or affordable housing in the amount of $1,295,000.00 and to approve a budget adjustment. At the March 7, 2023 City Council meeting, this resolution was tabled to the April 18, 2023 City Council meeting. Council Member Moore explained the history behind the American Rescue Plan Act funds and why the funds were important to the community. She believed the ability to create housing with the funds were a once in a lifetime opportunity. She encouraged the council to support the project and described how the investment would continue to give a return to the community in the future. She welcomed Solomon Burchfield with New Beginnings to present more on the project. There was brief discussion of the presentation being no longer than ten minutes. Solomon Burchfield, New Beginnings was grateful for the council's attention to the issue. He compared the different housing interventions of rental assistance, permanent supportive housing and general supportive housing. He stated the proposal was written to prioritize individuals who were chronically homeless. He briefly spoke of the City of Fayetteville's I Iearth program and the New Beginnings program. He described the proposal and stated they had been awarded a grant that they could apply for and get renewed each year to aid in wraparound services if the request were approved. He stated New Beginnings had partnered with professionals in the real estate and development community who offered assistance to maximize the housing units they could purchase with the funds. He described the different scenarios of purchasing duplexes, single resident occupancy, shared housing, accessory dwelling units, apartments and tiny homes. He briefly described the current residents at New Beginnings. He was available for questions. Council Member Jones recognized the need for housing and requested that Mr. Burchfield define chronic homelessness. Solomon Burchfield defined chronic homelessness under the Department of Housing and Urban Development definition. Council Member Jones requested that Mr. Burchfield identify the impact if the city were to provide the funding for those who were chronically homeless as opposed to rental assistance. Solomon Burchfield stated there was funding in place for rental assistance through the CARES Act but the chronically homeless population would not be impacted by that same funding. Council Member Jones requested for Mr. Burchfield to explain his perspective on how the request would be helping a smaller group of individuals instead of a larger group. Solomon Burchfield explained how there were 125 individuals chronically homeless in Fayetteville and that the intervention that would work would be at a higher cost per person basis. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 7 of 21 Council Member Jones questioned what challenges a chronically homeless individual might face. Solomon Burchfield explained how individuals that lived on the street often had serious mental illnesses and physical health issues. He spoke of the individuals that had passed away at New Beginnings and stated their goal was to help people move into something stable and healthy. Council Member Jones questioned what the lifespan for individuals facing homelessness was. Solomon Burchfield stated unsheltered homelessness removed 20 years off of life expectancy. Council Member Jones spoke about human dignity and improving the quality of life in Fayetteville. He believed the request was how we could wisely address chronic homelessness. He appreciated Mr. Burchfield for the education on the topic and his solution. He would be in support. Mayor Jordan: Staff was asked to bring what you could spend the $1.2 million dollars on, correct? Paul Becker, Chief Financial Officer explained that staff was asked to look at alternatives and felt as though there could be more effective ways to use the funds to address homelessness. Steven Dotson, Internal Auditor brought forward and discussed the alternatives of using the funds for rental assistance or transitional housing. There was brief conversation of if the funding amount had been amended to $975,000.00. City Attorney Kit Williams stated the record did not reflect that the funding had been amended. He explained that the council was still discussing the proposal at $1,295,000.00. There was brief conversation of public comment needing to be taken before the resolution was amended. Steven Dotson explained that for capital expenditures in excess of $1,000,000.00, we would need to prepare written justification and compare the proposal to two other projects. He stated that dropping the amount to $975,000.00 would mean justification was no longer required. The City Council received 14 public comments regarding this resolution. During public comment, it was clarified that we were requested to bring forward ideas about alternatives for the funding because there were federal rules for when over $1,000,000.00 was to be spent. It was also clarified that the request was sponsored by Council Member Moore. After public comment, Mayor Jordan asked one of the speakers to stay and answer a question regarding spending $1,700,000.00 for affordable housing. Evelyn Rios Stafford, Justice of the Peace for Washington County District 12 explained how they had sent funds to the Excellerate Foundation, the Fayetteville Housing Authority and the Springdale Housing Authority for affordable housing construction. She did not know how many houses would be created from the funds and explained that the details were still being worked out. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar,gov City Council Meeting Minutes April 18, 2023 Page 8 of 21 Council Member Hertzberg moved to amend the funding request to $975,000.00. Council Member Turk seconded the motion. After a brief discussion of taking public comment for the proposed amendment, there was no additional public comment taken. Council Member Wiederkehr questioned if the proposed amendment was acceptable to the applicant. Solomon Burchfield believed they could still make a lot of impact with $975,000.00. Council Member Hertzberg believed reducing the funding would protect the city and the project Council Member Turk did not believe we would be successful with the funding at $1,000,000.00 if the comparison was made between the alternatives mentioned. She believed it would be best to be safe and protect the city and therefore give the project an added potential for success. Council Member Moore appreciated the feedback. She believed the city could show reasoning on why the project would rise above the other projects comparatively, but she would be in support of reducing the amount. Council Member Jones agreed with Council Member Moore. He observed that there had only been positive public comments in regard to the request. Council Member Hertzberg moved to amend the funding request to $975,000.00. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Council Member Turk believed Fayetteville had demonstrated compassion over the years and that we wanted to house the unhoused with integrity and compassion. She had hoped there would be more options than the presented alternatives and spoke of piloting a tiny house community. Council Member Hertzberg agreed with Council Member Turk. She requested that Mr. Burchfield speak to if he could use the land he currently had to build tiny homes on. Solomon Burchfield explained how New Beginnings believed the highest use for the land that fronted South School Avenue was not for commercial purpose. He stated the street close to where the New Beginnings community was didn't have water or utilities. Mayor Jordan: So, you have land on South School Avenue? Solomon Burchfield stated they had five acres on 191h Street and South School Avenue. There was brief conversation of how the Mayor was exploring different partnerships with different groups to address housing. Council Member Jones spoke of New Beginnings and the services they would also be providing. Solomon Burchfield stated they wanted to build homes and pair them with support services. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 9 of 21 Council Member Jones questioned if the comparison of alternatives to meet the funding requirements would still need to be made if we went the route of building 60 units with $1.2 million dollars. Steven Dotson: If we're talking about capital expense in excess of a million dollars we would still have to perform the comparison. Council Member Jones: That doesn't change based on the type of project, it's just the amount? Steven Dotson: Yes. Currently we're comparing a project that would serve eight people to one that would serve 50 plus people and so the tiny home project would be closer in range to the other ones we presented tonight. Council Member Jones: The tiny home project, if it's in excess of $1,000,000.00 we would still have to fulfill that requirement, right? Steven Dotson stated that was correct if we were to use American Rescue Plan Act funds. Council Member Jones asked if the $20,000.00 price for tiny homes included tax and delivery. Council Member Turk explained how the $20,000.00 was an estimate. She briefly spoke of the company and how they could build the tiny homes. Council Member Jones: Would New Beginnings manage the tiny house project? Solomon Burchfield stated they would hire a property manager. Council Member Jones spoke of how the housing would be different than the original proposal if it were tiny homes but it would still include the same wraparound services. Solomon Burchfield: That's correct. Council Member Berna believed different organizations needed to come together to talk about a collaborative plan for housing. He briefly spoke of his reasoning for not being in support of the request. He stated Mr. Burchfield had told him that they would possibly buy units in Farmington or another community, which caused him concern. He briefly spoke of Fayetteville and the amount of money we spend for the homeless community. Council Member Bunch questioned what zonings allowed accessory dwelling units and duplexes at the same time in Fayetteville. Jonathan Curth, Development Services Director: Anywhere that allows single family homes and duplexes in Fayetteville allows accessory dwelling units as well. Council Member Bunch: But duplexes are a conditional use, is that correct? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 10 of 21 Jonathan Curth stated that was correct. He briefly explained our accessory dwelling unit ordinance. Council Member Bunch questioned that if there was a duplex that had a Conditional Use Permit, could there still be an accessory dwelling unit built behind it. Jonathan Curth stated it was possible that it would require an additional consideration. He briefly spoke of duplexes that had to get a Conditional Use Permit when the building was modified. Council Member Bunch believed that purchasing the tiny houses would not be a long-term solution. She would like to see the funds help the greatest number of people possible but would not support the funds leaving Fayetteville if the housing was bought elsewhere. Council Member Jones requested for the accessory dwelling unit process be explained. Solomon Burchfield explained that an accessory dwelling unit was a tiny home that was preapproved by right in certain zones. He spoke of the tiny home market and believed that purchasing land with tiny homes or an accessory dwelling unit was a viable path to purse. Council Member Jones requested Mr. Burchfield elaborate on the potential that he would leave Fayetteville and use the money elsewhere. Solomon Burchfield understood that he could not use the funds outside of Fayetteville and believed they could execute the plan within city limits. Council Member Berna asked what the cost of each unit they currently had was. Solomon Burchfield answered that the cost of each unit was just over $12,000.00. Council Member Jones asked Mayor Jordan and Susan Norton when they might be able to give the council details on the meetings they had in regard to housing. Mayor Jordan stated he did not have that information at the moment. Susan Norton explained that the current American Rescue Plan Act funding proposal was a separate item from what she and the Mayor were discussing. Council Member Jones believed what Mr. Burchfield was proposing would complement Mayor Jordan and Susan Norton's plan. Mayor Jordan briefly spoke of how Fayetteville needed housing. He asked Mr. Burchfield how the houses at New Beginnings were holding up. Solomon Burchfield stated the shelters were holding up well. Mayor Jordan stated it was because we had put foundations under the houses. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 11 of 21 Solomon Burchfield described the foundation and the siding on the homes. Mayor Jordan asked how many acres the units were currently sitting on. Solomon Burchfield answered it was just over two and a half acres. Mayor Jordan commented that we could build several of the same type of units on the five acres that Mr. Burchfield had. Solomon Burchfield stated he would not call those houses but that they could expand more of the shelter units. City Attorney Kit Williams clarified that the units were not houses, they were shelters. Solomon Burchfield spoke briefly of the company they used for their current units. Mayor Jordan spoke of how individuals had been living in the shelters for a while and the units were still holding up well. He was trying to figure out how many more people could be helped with the funds. Solomon Burchfield described what type of unit he would consider as long-term housing. He did not believe the current units would pass inspection which would need to happen if they were to receive grants to do support services. Mayor Jordan was working with other individuals to bring forward proposals regarding housing and making it affordable for middle income individuals to buy a home. Council Member Harvey thanked everyone. She would like to see additional resources and a development plan for tiny homes. She spoke of New Beginnings and their current shelters. She would like to see a regional approach with other cities to address housing. She believed that if we saved the $975,000.00, we would have additional time to think of ways to commit the money. Steven Dotson stated the American Rescue Plan Act funds would have to be committed by the end of 2024 and totally spent by the end of 2026. Council Member Harvey was not sure the request was the most efficient or effective way to help everyone the council could help. She did not want to rush approving the request. City Attorney Kit Williams briefly spoke of tiny homes and how they would be less expensive than the other options the council was considering. He explained how the city could not use our funds to buy housing but we could build infrastructure, which would help the American Rescue Plan Act funds go further in a tiny home situation. He encouraged the council to not make a decision on the item tonight. Council Member Wiederkehr complimented the community that came to the meeting. He spoke briefly of the history behind the cut made to the HUD and CDBG program in the 1980's. He spoke 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www. fayetteville-a r, g ov City Council Meeting Minutes April 18, 2023 Page 12 of 21 of the University and how it created additional competition for housing in our community. He briefly spoke of Mr. Burchfield's proposal and the percentage of unhoused individuals in Fayetteville. He believed we were attracting those individuals because we offered services to help. He believed housing needed to be a regional approach and would be comfortable saving the funds to address homelessness services and long-term sheltering of unhoused individuals. Council Member Jones was concerned about what Ward 1 was experiencing. He would like for the council to be intentional as it related to stabilization and finding emergency housing. Council Member Turk believed opening the conversation to the options for housing was great. She suggested the council hold the funds and appropriate it for housing to be decided later on. Paul Becker understood that the council was interested in addressing the unsheltered issue in Fayetteville. He recommended the council sit the funds to the side and develop a request for proposals to go out so the council could select the proposal they felt best fit our needs. Council Member Berna believed the council should vote on the current proposal and if it did not pass, we should make a commitment to address the issue and hold the funds. Council Member Moore spoke of the history behind the request and how she brought the item forward as a solution. She spoke of the unhoused community and how she was concerned that the money would be limited in funding if we did the request for proposals or quotes. She appreciated the discussion and asked that the council approve the request. Council Member Wiederkehr questioned that if the request were to be approved, how would the money be safeguarded and how would Mr. Burchfield have access to it. Paul Becker explained that if it were approved we would budget the funds, negotiate a subgrantee agreement and then move forward with the program. Council Member Wiederkehr spoke of the process of buying a property and being outbid. He explained how we would need to be capable of using the money within our timeline so that we would not have to send the money back. Council Member Moore clarified that the application budgeted a professional that would help procure the properties and do an analysis on the individuals houses. She spoke of New Beginnings and how it had a relationship with individuals in the area. Council Member Moore moved to approve the resolution as amended. Council Member Jones seconded the motion. Upon roll call the resolution failed 3-5. Council Member Jones, Moore, Wiederkehr voted yes. Council Member Berna, Bunch, Turk, Hertzberg, Harvey voted no. This resolution failed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayeffeville-ar.gov City Council Meeting Minutes April 18, 2023 Page 13 of 21 New Business: Appeal CUP-2023-008: Conditional Use Permit (348 N Fletcher Ave./Scott, 485): A resolution to grant the appeal of Council Members Scott Berna, Sonia Harvey, and D'Andre Jones and approve Conditional Use Permit CUP 2023-008 for a Short -Term Rental at 348 North Fletcher Street. Jonathan Curth, Development Services Director gave a brief description of the resolution. He spoke of the previous violations on the property. He stated there was a current complaint being investigated on the property for trash cans and recycling bins being left out. He stated there were three other Type 2 Short -Term Rentals that had been licensed in the immediate area of the property. He stated there had been a lot of public comment on the item which ranged from broad statements of concern about neighborhood character and concerns about the properties development history. He stated staff recommended approval for the project and the Planning Commission denied the request by a vote of 7-1. He noted Nick, Mike and Christy Scott were present as the applicant. Council Member Turk questioned how far out the radius around the property was that was shown in Jonathan Curth's presentation. Jonathan Curth believed it was a quarter mile radius overall. Mayor Jordan questioned if staff supported the project. Jonathan Curth stated that was correct, staff recommended in favor. Mayor Jordan: Can I ask why you supported it? Jonathan Curth explained how staff felt it met the requirements of our ordinance. He stated staff did not find there to be a compatibly issue and that it would not adversely affect public interest. Christy Scott, Applicant spoke briefly of her and Mike Scott's history in the community. She stated they lived at the property part time and they both worked in Northwest Arkansas. She spoke of why they purchased the property and how they would like it to be available as a Short -Term Rental for when they were not there. Mike Scott, Applicant addressed the concerns regarding parking, traffic, noise, trash, water drainage and construction. He felt as though the Planning Commission used individual opinions, stereotyped unfair criteria and used conflicting methods with the request. He spoke of how the neighborhood was in the Entertainment District of Fayetteville and how it was hard to have affordable housing in a high demand area. He explained how there was not a lot of density in the area and that the two percent wide cap on Short -Term Rentals had not been met and believed the property was eligible for approval. Christy Scott believed the neighborhood was compatible for Short -Term Rental and described the nearby amenities. She felt the request would fit in nicely with the diverse rentals near the property. She cited a memo sent by Assistant City Attorney Blake Pennington. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 14 of 21 Council Member Moore questioned how often the applicants would be living in the home. Christy Scott stated they were normally there two to three times per week. The City Council received 11 public comments regarding this resolution. Council Member Berna clarified that just because he sponsored the appeal to come before council did not mean he would vote in favor or against the proposal. Council Member Harvey thanked the neighbors and stated the council was aware that housing was an issue. She addressed the comments regarding affordable housing by stating she would not have voted for a project to be affordable unless there was a contract associated with the project. She questioned if we could control what people do with their homes after purchasing. City Attorney Kit Williams answered no, he did not believe we could. He briefly spoke of Short - Term Rentals and how the council must follow the rules we had set forth in the Unified Development Code. He explained how nothing was presented, like a Bill of Assurance, that would be enforceable for the homes that were built to be affordable housing. He believed that after what the council had heard tonight it would inspire our Ordinance Review Committee to see what changes were needed for Short -Term Rentals. He believed it would be unfair to the people who bought the homes under the current rules to change the rules now and not approve the request. He explained how we needed to follow the law the City Council passed. Council Member Harvey questioned that if the neighbors did not want a Short -Term Rental, would that not be part of the council's consideration since it was not part of our code. City Attorney Kit Williams stated we could not give a neighbor veto power. He explained that the council could look at compatibility, but the structures were similar to what was in the neighborhood. He spoke of how the council had encouraged density so it would be hard to punish an owner who had bought a house in an area that was dense. Council Member Harvey spoke of how the owners could potentially lose their Short -Term Rental rights if they received multiple violations. City Attorney Kit Williams explained how it would have to be violations against the current owners which could be difficult to prove. He stated the Planning Commission and the City Council had a lot of discretion in conditional uses but still needed to follow the code we approved. Council Member Berna: Are you saying your interpretation is that on this project as the code is written, we have to approve this? City Attorney Kit Williams: I'll say that I also agree with Blake Pennington, who addressed the Planning Commission and said how can you determine this is not compatible with the neighborhood when the use unit is very similar, even though it's denser, but apart from that it's very similar? How can that not be compatible? Especially since the City Council has said that they can do that in Short -Term Rental, you can be next door to a house. I was afraid when this was 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar,gov City Council Meeting Minutes April 18, 2023 Page 15 of 21 getting passed that this was going to cause a lot of trouble for a lot of neighborhoods and this was probably the most extreme one I've seen, but it has come to fruition. I would not want to live next to a Short -Term Rental and these people don't either, but the way the code is set up, they can complain and try to prove how it's not compatible but it's going to be difficult for them to make that proof. In this particular case, I will never say you can't do something. I would ask you not to do it occasionally but the short answer is I would be concerned. I agree with Blake that the facts don't appear to be here. It is a neighborhood that we're trying to protect but we haven't put in the code good enough protections for them and that needs to change. Council Member Wiederkehr spoke of how the request was for a Conditional Use Permit and believed the council had full authority to approve or deny an application. City Attorney Kit Williams briefly spoke about our code and explained how there was always a requirement for the request to be compatible with the neighborhood, which would allow the council more discretion. He briefly spoke of Short -Term Rentals and how they allowed the doubling of density. Council Member Wiederkehr believed the Ordinance Review Committee would be getting back to the council with revision recommendations to code. He spoke of how he viewed the request as a business instead of a dwelling unit. Mayor Jordan: Kit, if I get this right, if I build a house then you're saying I can tell the council that I'm going to make it affordable housing but I can make it Short -Term Rental if I chose to? Unless there's a bill of assurance that goes with it? City Attorney Kit Williams stated that was correct, we could not believe or enforce what somebody might tell us unless it was included in a Bill of Assurance. He briefly explained the general conditions for conditional uses and how the council had discretion on whether the request was compatible with the neighborhood. There was brief discussion that if the council voted to approve the appeal, they would have granted the appeal and the Conditional Use Permit subject to the same general conditions as was provided by the Planning Department. Council Member Turk moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution failed 1-7. Council Member Hertzberg voted yes. Council Member Jones, Moore, Wiederkehr, Berna, Bunch, Turk and Harvey voted no. This resolution failed. Appeal Cup-2023-009: Conditional Use Permit (332 N Fletcher Ave./ETG Shelf 3 LLC, 485): A resolution to grant the appeal of Council Members Scott Berna, Holly Hertzberg, and D'Andre Jones and approve Conditional Use Permit CUP 2023-009 for a Short -Term Rental at 332 North Fletcher Street. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 16 of 21 Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated staff recommended in favor of the request and the Planning Commission denied the request with a vote of 7-1. He noted Justin Gunn was available as the applicant online. Justin Gunn, Applicant spoke of how they had followed the letter of the law and did what we had asked them to do in our code. He briefly spoke of the Planning Commission meeting the item was last heard at and the complaints that were brought forward in regard to the request. He felt he was stereotyped as a rich man that had come from a different state to make investments and got the impression from the meeting that it was unfair for people that had money to invest in real estate. He briefly spoke of his family and his reasoning for the request. He believed opening the home as a Short -Term Rental would help other families, bring revenue to Fayetteville and would allow them to stay together as a family when they were in town. Council Member Hertzberg believed it was unfair to hold the property owners responsible for a promise broken by a developer. She believed the council should have granted the last appeal and this appeal as well. Council Member Moore questioned how many days per month the applicants spent in the home. Justin Gunn: We're there probably one week out of the month. The City Council received 4 public comments regarding this resolution. Council Member Harvey briefly spoke of the process the request had gone through and the notification to the neighbors. She believed the council needed to revisit how the proximity of the Short -Term Rentals came together. Mayor Jordan questioned if Short -Term Rentals would be discussed at Ordinance Review. Council Member Hertzberg would be happy to bring the issue to the Ordinance Review Committee. Council Member Bunch stated that when people bought a home, they were not guaranteed to use it as a Short -Term Rental. She stated the individuals had done everything they should've done but did not pass the Planning Commission or council. She did not believe they were prevented from using their property. Council Member Berna understood the neighbors' concerns and believed that the applicants were held to standards by comments and rules that were not currently in place. He briefly spoke of the compatibility of the neighborhood. Council Member Bunch spoke of the property and how it was busier than what was shown in the pictures that were provided. She spoke of how she did not take into consideration the comments in regard to the rezoning of the property and the idea that it would be affordable housing. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 17 of 21 City Attorney Kit Williams: I want you to confirm you have listened to the statements by the neighbors from the previous conditional use and you will consider what they said also for this conditional use since these are neighboring properties. They don't need to get up and tell us everything again. Council Member Turk moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution failed 1-7. Council Member Hertzberg voted yes. Council Member Jones, Moore, Wiederkehr, Berna, Bunch, Turk and Harvey voted no. There was discussion over when the applicants could reapply for a Conditional Use Permit. It was explained that a denied application could not be made within a year unless something had substantially changed, which would ultimately be determined by the Planning Commission. This resolution failed. Walker Park Basketball Court Refurbishing and Giveaway: A resolution to approve a proposal by Walmart and AND 1 to refurbish and paint the Walker Park Basketball Courts and host a Back to School Backpack and Shoe giveaway, and to approve the recognition of Walmart and AND1 for their significant contributions at the refurbished courts. Alison Jumper, Parks & Recreation Director gave a brief description of the resolution. She stated that the mural and event would be completed in August if approved. She stated the proposal was presented and unanimously approved at the April Park and Recreation Advisory Board meeting. Council Member Moore questioned what the timeline for painting the mural would be. Alison Jumper stated they would come in a week prior to the event to paint the mural. Council Member Moore questioned if the type of paint used for the basketball court would be the same kind of quality as the paint for the mural. Alison Jumper explained that the basketball court would be a different material. She stated the mural would be a road quality paint so that it would last three to five years. Council Member Berna reviewed a picture of the basketball court and questioned if the area of discoloration on the court was evidence of the current coating wearing off. Alison Jumper believed the area of discoloration on the court was silt from a recent rainstorm. Council Member Jones believed the families of Ward 1 would appreciate the proposal if it passed. Council Member Harvey would like for the request to be reviewed by the Arts Council. She spoke of how the request was for an advertisement and how it would create the feeling of not being equal amongst children and individuals who attended the park. She questioned if we were in 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 18 of 21 alignment with the AND] business and Walmart and that by allowing that in our park we would be saying we were. Council Member Jones questioned how the business chose Fayetteville. Alison Jumper stated the representative who contacted her had ties to the community locally. There was brief conversation of other cities that had agreed to the same proposal. Council Member Jones: Do you know what the response has been like in those communities? Alison Jumper had not talked to the communities personally but after researching it appeared as thought other communities had a great turnout and it had been a community building experience. Mayor Jordan: There's also a backpack for children, isn't there? And a shoe giveaway? Alison Jumper: Yes, a back to school backpack and shoes. Council Member Turk stated Council Member Harvey's perspective was something she had not thought about. She questioned how this would interface with our ordinances and regulations. City Attorney Kit Williams explained how this would be considered government speech and that we were allowed to speak as we wished. He believed this would mean we were somewhat aligning ourselves with the business if we approved the request. There was brief discussion of IAM's Dog Park, the Rotary Club and the banners that used to be on Dickson Street that included businesses names but not their logos. Mayor Jordan questioned how many children were estimated to be at the event. Alison Jumper: It's hard to estimate, but it will be a lot. Mayor Jordan believed the council should pass the request. Council Member Berna acknowledged Council Member Harvey's comments, but believed the council should approve the request. He briefly spoke of his family. He believed the event would draw people to the neighborhood and spoke of how the request would be the same as what we already had at the Kessler Mountain ballfields with advertisements along the fence lines. Council Member Bunch spoke of how we would be aligning ourselves with the companies values. She would like to approve the request because she believed it would benefit the community. She recognized Council Member Harvey's comments and believed they were valid. Council Member Moore appreciated Council Member Harvey's comments. She questioned if holding the item for the Arts Council to review would hinder the timeline on the project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 19 of 21 Alison Jumper believed it would be okay to hold. She explained how getting approval from the council would allow AND to seek artists to create the design for Fayetteville. Council Member Moore briefly spoke of the proposal and how the City of Fayetteville was a brand that people wanted to align with. She believed the request needed further conversation and would like to hear different perspectives and from the Arts Council. There was brief discussion of if the council wanted to table the item. Council Member Bunch questioned when the Arts Council would meet. Council Member Harvey stated they would meet tomorrow. Council Member Bunch: Could you walk this on? Council Member Harvey spoke of how the Arts Council could have a special meeting. She believed the request needed a lot of thought and that it should not be rushed. Council Member Bunch questioned if the company would create the design without knowing if we would approve the request. Alison Jumper was here to get approval from council so the company could engage an artist to create Fayetteville a specific design. Council Member Berna explained how the Mayor would have final approval over the design. He believed that if the council delayed the request it could cause the company to go elsewhere. Council Member Turk questioned that if we held the request, could the Arts Council add the item to their meeting for tomorrow night to have a discussion. Council Member Harvey could propose the item for discussion. Council Member Turk asked that if the company had a scandal, could we paint over the court. Council Member Harvey questioned if the contract could include doing a backpack giveaway every year that the mural existed on the court. Council Member Wiederkehr viewed the proposal as a low risk proposition. He explained how the individuals that donated land had parks named after them and believed that was considered advertisement as well. He believed the Arts Council's roll would be to advise the Mayor and make a recommendation, not say whether the refurbishment of the court was appropriate or not. Council Member Harvey spoke of how the Arts Council advised the City Council on public art. Mayor Jordan: So, we're defining that as public art? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 20 of 21 Council Member Harvey: Absolutely. Council Member Wiederkehr stated the Arts Council would not have a design to advise on and that the company would not propose a design unless we approved the request. Council Member Harvey explained how the discussion would be on how it was a commercial public art piece and that there could be a second phase to discuss the artwork if it were approved. Mayor Jordan stated he was not against the item going to the Arts Council for review. Alison Jumper explained that the design would not be made unless we were okay moving forward. Council Member Harvey briefly explained the two examples of art work in the packet. She was concerned regarding the fact that the artwork would be advertisement for the company. Mayor Jordan: If it's approved, it would go to the Arts Council to see what you all are okay with. Right? Council Member Harvey explained how the Arts Council did not have to look at the request unless the council wanted them to because it was considered an advertisement. Mayor Jordan would not give final approval unless the Arts Council was okay with it. Council Member Harvey: What if the Arts Council says we don't want it? Mayor Jordan: Then we'd have to come back to the council. Council Member Berna questioned if there was concern that the company would choose to go elsewhere if the item were delayed. Alison Jumper: They're wanting to move forward. I haven't received indication that they're going somewhere else at this time. I would just need to connect back with them and see what the timeframe is that they need to draft a concept, get it in front of Arts Council and have that ready. Council Member Berna: Is it your understanding that if we approve it and they submit artwork to us and we turn it down, then they understand they have to go back and rework that to our specifications? City Attorney Kit Williams: The Mayor can turn it down. Council Member Berna: So, we have a failsafe of if we don't like it we just turn it down? Mayor Jordan: I wouldn't okay anything that you all find offensive. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 18, 2023 Page 21 of 21 Council Member Harvey did not find it offensive. She was concerned about it being an advertisement. She recommended the council not allow the proposal. She briefly spoke of being representative over Ward 1 and how she did not want the item there. Council Member Jones moved to table the resolution to the May 02, 2023 City Council meeting. Council Member Harvey seconded the motion. Upon Roll Call the motion passed 5-4. Council Member Jones, Moore, Turk, Harvey and Mayor Jordan voted yes. Council Member Wiederkehr, Berna, Bunch and Hertzberg voted no. This resolution was tabled to the May 02, 2023 City Council meeting. Announcements: None City Council Agenda Session Presentations: Park, Natural Resources and Cultural Affairs Annual Report — Alison Jumper City Council Tour: None Adjournment: 11:35 p.m. ��t►! � f i� ty� OTY 1 f Kara Paxton, City Cler Treasurer t 4Y17F�t r, h+ F • 1 1 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov