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HomeMy WebLinkAbout2023-05-16 - 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 May 16, 2023 City Council Meeting Minutes May 16, 2023 Page 1 of 15 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 May 16, 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, Senior Deputy City Clerk Jackson Shelton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Bunch arrived at 5:34 p.m. after Roll Call had been taken. Council Member Jones joined via Zoom at 5:35 p.m. after Roll Call had been taken. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Arkansas Special Olympics Award for FPD - Presented by Donna Kilmer to Chief Mike Reynolds. Donna Kilmer, Field Representative at Special Olympics Arkansas presented the award to Chief Reynolds and the Fayetteville Police Department. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 2 of 15 Mike Reynolds, Chief of Police thanked Donna Kilmer and Mayor Jordan. He believed it was an honor for the Fayetteville Police Department to participate and accept the award. He introduced Corporal Greg Dawson, who served as the Vice Chair for the Law Enforcement Torch Run, and explained how Corporal Dawson represented the city on an international level. Agenda Additions: None Consent: Approval of the April 18, 2023 and May 2, 2023 City Council meeting Minutes APPROVED Elkins Sewer Easements: A resolution to approve the conveyance of easements to the City of Elkins across portions of City of Fayetteville property located near Lake Sequoyah for the installation of sewer lines. Resolution 112-23 as recorded in the office of the City Clerk 11th Street Cottages, LLC: A resolution to approve a cost share agreement with l lth Street Cottages, LLC for the extension of an 8-inch water main near the corner of East 1 lth Street and South Washington Avenue with a refund in an estimated amount of $47,834.30 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $4,783.43. Resolution 113-23 as recorded in the office of the City Clerk Kent B. Detmer Condemnation: A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Kent B. Detmer needed for the West Water Transmission Main Project. Resolution 114-23 as recorded in the office of the City Clerk FHWA, ARDOT and NARPC Grant Program: A resolution to express the willingness of the City of Fayetteville to apply for 80/20 Federal -Aid Transportation Alternative Program, Carbon Reduction Program, Safe Streets for All, and Surface Transportation Block Grant Program - Attributable Funds in the total amount of $25,800,000.00. Resolution 115-23 as recorded in the office of the City Clerk Taxiway "E" Environmental Assessment: A resolution to authorize the application for a Federal Aviation Administration Grant in the amount of $189,450.00 to fund 90% of the costs of an Environmental Assessment for the proposed Taxiway E Extension Project at Drake Field Airport. Resolution 116-23 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 3 of 15 Change Order #12 RFQ-18-11 - Arts Corridor: A resolution to approve Change Order No. 12 to the contract with Nabholz Construction Corporation in the amount of $2,378,349.40 for work related to the Cultural Arts Corridor, and to approve a budget adjustment — 2019 Cultural Arts Corridor Bond Project. Resolution 117-23 as recorded in the office of the City Clerk ARPA - Nonprofit Assistance Applications: A resolution to approve seventeen American Rescue Plan Act Nonprofit Assistance Applications in the total amount of $1,000,000.00 to provide economic assistance to nonprofit organizations utilizing American Rescue Plan Act Funds. Resolution 118-23 as recorded in the office of the City Clerk ARPA — Arkansas United Community Coalition: A resolution to authorize Mayor Jordan to sign a subrecipient agreement with Arkansas United Community Coalition to provide funding for two Community Navigators to assist immigrants in Fayetteville with healthcare needs utilizing American Rescue Plan Act Funds in the amount of $50,000.00, and to approve a budget adjustment. Resolution 119-23 as recorded in the office of the City Clerk 2023 DTF JAG Grant Award Addendum: A resolution to authorize acceptance of the Edward Byrne Memorial Justice Assistance Grant Award Addendum for the 4th Judicial District Drug Task Force in the amount of $29,087.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds. Resolution 120-23 as recorded in the office of the City Clerk Council Member Harvey moved to accept the Consent Agenda as read. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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 the Cost of Service Study conducted by Black & Veatch. Contact City Clerk's Office for previous item history (June 21, 2022 through March 7, 2023). At the April 18, 2023 City Council meeting, this ordinance was left on the Second Reading and tabled to the May 16, 2023 City Council meeting. Paul Becker, Chief Financial Officer requested the item be tabled to the July 18, 2023 meeting. Council Member Harvey moved to table the ordinance to the July 18, 2023 City Council meeting. Council Member Bunch 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 May 16, 2023 Page 4 of 15 This ordinance was tabled to the 0711812023 City Council meeting. Amend §72 Parking Regulations: An ordinance to amend Chapter 72 Parking Regulations of the Fayetteville City Code to authorize the Mayor to establish and administer rules regulating parking fees in established parking zones, and to make technical revisions. At the May 2, 2023 City Council meeting, this ordinance was left on the First Reading. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Justin Clay, Parking Manager gave a brief description of the ordinance and stated it was supported by the Downtown Fayetteville Coalition. He briefly spoke of parking on Dickson Street and how the goal was to disperse the parking utilization so that it was not concentrated in one area, which made it difficult for individuals to park near businesses downtown. There was discussion between Council Member Turk and Justin Clay on how the changes would be communicated to the public. It was explained that there could be a webpage that reflected the city's programs, policies and proposed changes and that signage could be updated as well. Justin Clay stated there could also be outreach to subscribers of the Park Mobile app on the changes. Council Member Bunch spoke of the businesses that did not have parking during the day due to individuals using the available spots. She believed it would be helpful to show the map that reflected the full spots so everyone could see how it might inconvenience the business community. The City Council received 1 public comment regarding this ordinance. Council Member Moore would love to see reporting be done on parking and what kind of movement the city could get with creating extra spaces for the businesses to have customers. Council Member Wiederkehr was in support of the request. He believed that putting a price on parking would encourage turnover parking, which would benefit the local businesses. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. There was brief discussion between Council Member Harvey and Justin Clay on the process of using the Park Mobile app for parking. Justin Clay explained how there would be signage reflecting the different zones for parking and the individual could pick the zone they were in and pay for the parking using the app. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 5 of 15 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6661 as Recorded in the office of the City Clerk New Business: Dissolution of Energy Improvement District 1: An ordinance to repeal Article XXVI Energy Improvement District No. 1 in Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code, and to approve the dissolution of Energy Improvement District No. 1. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Environmental Director gave a brief description of the ordinance. He stated the only project the program had executed was in 2015. He explained how the City of Springdale wanted to withdraw their membership and that the Board of Directors passed a resolution that approved the dissolution of the district in December of last year. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk applauded the city for trying to implement the Property Assessed Clean Energy plan. She hoped in the future the city could get the program to work again. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6662 as Recorded in the office of the City Clerk Amendment: §92.04(C) Pet Store Operations: An ordinance to amend § 92.04 (C) of the Fayetteville Code to conform this subsection with the just enacted Act 730 of the 94th General Assembly. City Attorney Kit Williams read the ordinance. He gave a brief explanation as to why he brought the item before council. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 6 of 15 Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey thanked Kit Williams and his team for the work they had done on the ordinance. She supported doing whatever the city could for the welfare of the animals. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6663 as Recorded in the office of the City Clerk Amendment: §97.086 Vending and Peddling in Parks: An ordinance to amend the title of Chapter 97 Parks and Recreation to Parks, Natural Resources, and Cultural Affairs, and to amend § 97.086 Vending and Peddling to authorize the Director of Parks, Natural Resources, and Cultural Affairs to appoint a Market Organizer to coordinate vendors at the Gulley Park Concert Series through December 31, 2023. There was brief discussion of how Council Member Wiederkehr requested an emergency clause be added to the item. City Attorney Kit Williams stated that if the council would like to move to amend the item to include the emergency clause, he would read the item with it included. Council Member Wiederkehr moved to add the Emergency Clause to the ordinance. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Joanna Bell, Arts & Culture Director gave a brief description of the ordinance. She explained how the City of Fayetteville was not explicitly permitted to host any kind of market event as a city and that was the reasoning for bringing the ordinance forward. There was brief discussion between Council Member Moore and Joanna Bell on the selection process for the event and if there would be a request for vendors. Joanna Bell stated that would be something the city would build towards in the future but for now, the city would partner directly with maker clubs in the community to make the selections and manage the booths. There was discussion between Council Member Harvey and Joanna Bell regarding if there would be a budget adjustment for the position. Joanna Bell stated that was not needed at this time. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 7 of 15 The City Council received 2 public comments regarding this ordinance. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Harvey and Moore voted yes. Council Member Jones was absent for the vote. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey thanked Joanna Bell and Council Member Wiederkehr for bringing the item forward and attaching the emergency clause. Council Member Moore echoed Council Member Harvey's statement and appreciated the Northwest Arkansas Makers who had stepped forward to facilitate. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Council Member Bunch moved to approve the Emergency Clause. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Ordinance 6664 as Recorded in the office of the City Clerk Appeal: LSD-2023-0004: (South of N. Shiloh Dr/The Junction at Shiloh, 363): A resolution to grant the appeal of City Council Member Teresa Turk and deny Large Scale Development Application LSD-2023-004. Council Member Turk explained why she had sponsored the appeal. She requested that Martha Clark come forward to address the council with her concerns. Martha Clark, Appellant described her three main points of concern at the property; flooding, impact to traffic and the trail. She spoke of her emails with Erin Miller, who she stated was the Floodplain Compliance Coordinator for the Arkansas Department of Agriculture. She presented a slideshow showcasing pictures of the property and the flooding nearby. She spoke of the trees on the site and how some of the larger ones would be removed for the proposed development. Ali Karr, Project Manager for Crafton Tull introduced Brad Payne with DDB Investments, Robert Rhoades with Hall Estill and Nathan Becknell with Traffic Engineering Consultants. She gave a brief description and overview of the project. She explained how the development would improve Shiloh Drive and stated they were proposing to dedicate approximately 1.7 acres of park land to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 8 of 15 the city. She stated they had met all of the city design standards except for the three variances that had been approved by the Planning Commission. She briefly spoke of the concern regarding flooding and that the only increase would be in velocities, which the developer had proposed a bottomless culvert to address that increase. She spoke of the concerns regarding traffic and how they had created a traffic study to address those concerns. She addressed the concerns regarding the nearby trail and explained how the developer would be making it more accessible. She stated spoke of freeboard and how they would provide the amount that was required by the city. Jonathan Curth, Development Services Director briefly spoke of Hamstring Trail and how it would cross the proposed property. He stated staff supported the block length variance but had not supported the request to not provide the entrance on the building that was on the west side of Shiloh Drive. He explained how the Planning Commission ultimately felt the issues that Ali Karr had described to be an adequate hardship and ultimately approved the variance requests. He spoke of the flood hazard prevention variance and how the project represented an important step in the connection of Shiloh Drive. He stated the Planning Commission had a split vote of 6-2 on approving the request and that the two dissenting commissioners focused on concerns about traffic. He spoke of the comments received at the meetings, which had mostly been in concern for flooding and the potential for traffic impacts. He stated that staff found there to be no traffic concern. There was brief discussion between Council Member Turk, Jonathan Curth and Chris Brown of a connection being made between Shiloh Drive and the street to the south. It was explained that the Shiloh Drive connection was identified as a priority and as additional funding became available it was something the city would look into within the next five to seven years. The City Council received 2 public comments regarding this resolution. There was brief discussion between Council Member Turk and Alan Pugh regarding if the city was required to go through the Arkansas Natural Resources Commission as part of the review process. Alan Pugh stated the city was not required on a typical review process to go through them. Council Member Turk stated Erin Miller had concerns regarding the proposal and asked how that might affect the city's relationship with the commission if the concerns weren't addressed. Alan Pugh believed it sounded as though Erin Miller might have had inaccurate or incomplete information, but the city would continue to work and address those concerns. There was brief discussion of 100 year floods and how many the city had experienced in the last ten years. It was stated that in May of 2022, April of 2017 and May of 2011 there had been events that resembled a 100 year flood in certain areas of the City of Fayetteville. Council Member Turk asked if the Hamstring Creek area was impacted greatly by the rain events. Alan Pugh stated there had been a repetitive loss area in Hamstring Creek that was mostly upstream of I-49 and there had been structure flooding at Middle Fork of Hamstring Creek. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 9 of 15 There was brief discussion of the redirecting of traffic and expansion for Interstate 49. It was explained that ARDOT had ongoing projects in the area at the moment. There was discussion between Council Member Turk and Alan Pugh on why the developer was not required to add another culvert to reduce the velocity. Alan Pugh stated that when staff reviewed the proposal they had been in support of the variance. He explained how staff could analyze the issue continually and there would still be some sort of slight increase in velocity. Council Member Turk spoke of the Federal Emergency Management Agency's map and how the proposed development was near the floodplain line. She asked if the owners would be required to purchase flood insurance. Alan Pugh stated the proposed site plans were outside of the floodplain and he did not anticipate flood insurance would be required. Council Member Wiederkehr: I see the project is proposing to use permeable pavers but I didn't read anything about a volume of water storage beneath the parking. Is that a part of the design, or no, just the pervious pavers themselves? Alan Pugh did not review that piece of the design but understood it to be pervious paving with storage underneath the pervious paving to meet the city's detention and water quality requirements. Council Member Berna asked if the developer had met all of the standards that were required. Alan Pugh stated the developer had provided the required floodplain analysis but that there would still be details to work out. There was brief discussion between Council Member Turk and Ali Karr regarding if the developer had considered adding an additional culvert and if they would carry flood insurance. Ali Karr explained how the developer had gone through multiple iterations of the project and that adding an additional culvert would create negative impacts in other ways. Ali Karr had not reviewed if the developer would be required to carry flood insurance, she stated that would go into account with the lender and insurance agent. Ali Karr explained how the buildings would sit above the base flood elevations of the 100 year floodplain and be elevated to provide a level of safety. Council Member Bunch briefly spoke of flood zones and how they could change over time. She believed the council should focus on the requirements from the city and whether or not the developer had met those requirements. Council Member Berna briefly spoke of trail setbacks. He questioned if the applicant was following what the city directed for setbacks of the buildings. Jonathan Curth explained how setbacks were determined from property lines and that it would depend on how the property was oriented towards right-of-way. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 10 of 15 There was brief discussion between Council Member Berna and Chief of Police, Mike Reynolds, regarding the traffic in the area. Chief Reynolds believed the traffic patterns in the area had been good and that the nearby traffic light helped traffic flow smoothly. He stated traffic was congested in the mornings due to the infrastructure that was being worked on but believed that when it was done it would be alleviated. He was not familiar with any accident issues in the area of the proposal. City Attorney Kit Williams explained that the resolution would grant the appeal and determine that the Large Scale Development submitted would be denied. He stated that if the council wanted to affirm what the Planning Commission had done, they would vote against the resolution. Council Member Turk explained why she would be in support of the appeal. She was concerned about the flooding hazard potential. She commended the developer for using pervious pavers and thanked everyone for their comments and information. City Attorney Kit Williams briefly advised the council on what kind of discretion they had in regard to the Large Scale Development appeal. He explained how there were six factors in the City of Fayetteville Code and the council would need to use one of the six factors to be able to deny a Large Scale Development. Council Member Berna questioned if the project had met all the conditions of the city. Jonathan Curth stated that was what the Planning Commission had determined. He explained how the Planning Commission found there to be adequate hardship to support the three variances. City Attorney Kit Williams explained how the council had discretion with variances but not the project itself. Council Member Harvey moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution failed 1-7. Council Member Turk voted yes. Council Member Wiederkehr, Berna, Bunch, Hertzberg, Harvey, Jones, Moore voted no. This resolution failed. Rezone-2023-0010: (1746 N. Old Wire Road. / Perry, 369): An ordinance to rezone that property described in Rezoning Petition RZN-2023-010 located at 1746 North Old Wire Road in Ward 3 for approximately 1.06 acres from RSF-4, Residential Single -Family, four units per acre to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible from a land use compatibility standpoint and that it was consistent with the city's adopted goals. He spoke of the properties infill rating and the nearby amenities. He spoke of how staff felt as though the city's floodplain and streamside protection standards were enough to protect the property from the nearby floodplain. He stated there had been 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 11 of 15 public comment spoken in favor of the proposal from the neighboring Property Owners Association. He stated staff recommended in favor of the request and the Planning Commission felt similarly, forwarding it to council unanimously with one commission member recusing. Mary McGetrick, Buffington Homes gave a brief explanation of the request. She stated the existing home on the site would not be removed and that the proposed homes at the location would be in an established neighborhood, which would create appropriate infill. She stated the Property Owners Association nearby supported the proposal and the homes would be part of the association. Council Member Bunch and Berna stated they had not received any public comment on the item. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey 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. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6665 as Recorded in the office of the City Clerk Rezone-2023-0011: (239 & 245 N. Fletcher Ave/Hambrice, 485): An ordinance to rezone that property described in Rezoning Petition RZN-2023-011 located at 239 and 245 North Fletcher Avenue in Ward 1 for approximately 0.20 acres from RMF-24, Residential Multi -Family, twenty- four units per acre to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible with the surrounding area and briefly spoke of the 13% to 15% slope on the site. He stated the property was designated within the city's Hillside Hilltop Overlay District and that staff found the request to be consistent from a future land use standpoint. He spoke of a public comment that expressed concern that several dozen units could be built on the property. He stated staff recommended in favor of the request and the Planning Commission felt similarly, forwarding it to City Council unanimously. Ronny Hambrice, Applicant owned the properties at 239 and 245 North Fletcher Avenue and explained how they were separated. He would appreciate the council rezoning the property. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 12 of 15 There was brief discussion of how the homes were two-story's high and that the tree preservation requirements for the Hillside Hilltop Overlay District was 20%. There was brief discussion between Council Member Harvey and Jonathan Curth on how the rezone would differ from neighboring properties. Jonathan Curth briefly spoke of the nearby properties on Fletcher Avenue and how they varied because of the topography. He noted some houses were near the street and others were built higher than the streets, it was explained that there was almost a lack of pattern in regard to the properties that were already built in the area. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6666 as Recorded in the office of the City Clerk Short Term Rental Business License Compliance: A resolution to authorize and request that Mayor Jordan contract with a company to investigate and report back to the city information about Short -Term Rental operations that do not have valid business licenses and to approve an appropriate budget adjustment to pay for the contract. Council Member Turk brought the item forward because she did not believe the city had enough data on unlicensed short term rentals and therefore could not make an informed decision when approving requests. Jonathan Curth, Development Services Director had spoken with three different companies to garner more information on the costs of services for collecting data on unlicensed short-term rentals. He briefly spoke of Host Compliance through Granicus and that the cost would be around $18,000 for their services. He explained that if a company fell under a larger organization like Granicus, which was already a recognized contractor with the state, it would not be necessary to go through the Request for Proposals process so the city could potentially move forward quickly. He did not foresee the workload impacting staff s capacity or ability. There was brief discussion between Council Member Moore and Jonathan Curth regarding what the accuracy of the program was and what it would look like if staff gathered the information instead. Jonathan Curth had spoken with different municipalities who had used the services and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 13 of 15 stated they expressed frustrations over having to evaluate the information from the contractor to ensure it's accuracy. He stated that after talking with the contractor, they felt confident they would be able to evaluate the information before sending the data to the city. He stated staff could only pull information from two different platforms and operators of short-term rentals were now using many different platforms, so if staff gathered the information themselves it might not represent all of the noncompliant short-term rentals in Fayetteville. Susan Norton, Chief of Staff questioned if address identification would be the item that the city would pursue and if there would be any other items pursued. Council Member Turk stated address identification would be the only thing pursued under the resolution. She hoped the council would support the request. There was brief discussion between Council Member Bunch and Council Member Turk regarding the price range and services. Council Member Turk stated she would defer to the Ordinance Review Committee for additional recommendations or study and that she only wanted to find out how many unlicensed short-term rentals were in Fayetteville. Council Member Berna believed the information would be great for the members of the Ordinance Review Committee to use. He questioned if the potential staffing concerns had been addressed that Jonathan Curth expressed at the last Agenda Session. Jonathan Curth: That's correct. Going into Agenda Session, I had a misconception of what Council Member Turk was interested in and after her clarification, I'm not concerned. Council Member Moore: What would the timeline look like if we proceeded forward for that? Jonathan Curth explained that he would have to speak with the city's Budget Department and then update the council in between meetings so they could be informed. Keith Macedo, Information Technologies Director briefly explained how the city utilized cooperative purchasing agreements when selecting software. He briefly spoke of how the vendor was a nationally bid contract, and that it was under the $35,000 threshold, so it would streamline the purchasing process and the city wouldn't have to go through a bidding scenario. There was brief discussion between Susan Norton, Chief of Staff, and Keith Macedo regarding how long the process would take. Keith Macedo believed it would take two to three weeks. Council Member Harvey: The Type 2 is the one that goes to the cap, is that correct? Jonathan Curth stated that was correct. He gave a brief explanation of Type 2 Short -Term Rentals and explained how many were currently licensed, and unlicensed, in the City of Fayetteville. There was brief discussion between Council Member Harvey and Council Member Turk regarding concern for if the data would pull Type 1 Short -Term Rental information. Council Member Turk believed the company would be able to differentiate between the two types of short-term rentals. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 14 of 15 Council Member Berna: Making the assumption that if it takes a couple weeks to get the contract and everything worked out with the software company, once it's implemented how long does it take to scrub the information and get some type of information back to us for analysis? Jonathan Curth: I do not know the answer to that, I've not gotten to that level of detail with them. Council Member Bunch questioned if the company would be able to discern the difference between a short-term rental and a longer term rental. Jonathan Curth believed the company had the ability to discern that information but could not say with certainty. Council Member Harvey thanked Council Member Turk for bringing the item forward and believed it would be helpful. Council Member Berna moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. Resolution 121-23 as recorded in the office of the City Clerk Amend City Council Rules of Order & Procedure - Public Comment: A resolution to amend Rule A.7. D. (2) Public Comments to reduce the allowed speaking time for the public from 5 minutes to 3 minutes and to remove any requirement for speakers having to sign up before the item is opened for public comment. Council Member Berna gave a brief explanation of the resolution and his reasoning for bringing the item forward. Council Member Moore understood the intent to create efficiency behind the request but believed the item should be held so the public could have more time for discussion. The City Council received 2 public comments regarding this resolution. Council Member Turk would be more comfortable adjusting the Rules of Order and Procedure at the beginning of next year. She briefly spoke of adjusting the time from five minutes to three minutes for public comment if a larger crowd showed up at a future City Council meeting. Council Member Bunch believed the council could monitor themselves better when adding items to future agendas and spoke of how the council reserved the right to appeal a decision for someone and then later change their mind. Council Member Hertzberg spoke of how the council could give individuals more time if requested. She believed the request would expedite the meetings and would be in support. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 16, 2023 Page 15 of 15 Council Member Jones spoke of how the council's communication with staff during the meeting took a lot of time and believed the council should be more aware of their comments and limiting them as much as they could. Council Member Hertzberg moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution failed 4-4. Council Member Wiederkehr, Berna, Bunch, Hertzberg voted yes. Council Member Turk, Harvey, Jones, Moore voted no. City Attorney Kit Williams: Mayor, that's a four to four vote. Do you care to vote? Mayor Jordan: I'm not going to vote. This resolution failed. Announcements: Susan Norton, Chief of Staff announced that the new City of Fayetteville Police Headquarters had opened and there would be a building dedication on May 24, 2023. Council Member Moore explained how there would be a 9/11 mobile exhibit from May 18tn through May 2 1 ' at the Northwest Arkansas Mal parking lot. City Council Agenda Session Presentations: Citywide Heritage & Historic Preservation Plan - Britin Bostick City Council Tour: Tour of property that is subject of agenda item 2023=708. Date: May 12, 2023. Time: 4:30 pm. Address: Unaddressed; south and west of 1936 N. Shiloh Drive. Parking: Parking is available off- street beyond the dead end of Shiloh Drive. Request: Appeal from the Planning Commission's approval of Large Scale Development approval for the junction at Shiloh. Adjournment: 8:31 p.m. ``����tttnr►t;;�� �o ARK Kara Paxton City Clerk Treasurer v-X 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov