Neighbors First for Bywater – Board Meeting, April 20, 2022

Held on Molly Henderson’s back porch. Present: Molly Henderson, Joe Brown, Tyler Harwood, Julie Jones, Brian Luckett, Anthony Eschmann. 

The board was joined by two guests – Devin De Wulf, who is heading up the Krewe of Red Beans “Beanlandia” project; and Costas, a near neighbor who is opposed to the project. Beanlandia is being planned as a cultural facility, and is seeking conditional use to sell alcohol and have live music, as well as a parking waiver.

The meeting started at 7:19 after a few late arrivals. After our guests were introduced Devin spoke about past zoning challenges the residents of Bywater have struggled with, and the resulting bitterness. Developers looking for profitable ventures may not always be entirely honest about what they plan to do. Devin emphasized this is not the case with Beanlandia. He said the plan is for Beanlandia to be a community center, and has wide community support. 

A cultural facility is an approved use by right under the property’s current zoning. If the conditional use is granted the plan would be to host smaller events five nights a week. Devin does not believe the music needs to be loud, as one of the purposes of the facility would be to remain appropriate for children. Consultants would be hired to advise on acoustic treatments. 

Alcohol permits are not granted for businesses within 300 feet of a playground unless they are non-profits, schools, or city run concession stands. Beanlandia is a non-profit, but in order to get the permit they need notarized approval from 75% of neighbors within 300 feet of the edges of the building. If the permit is not approved the facility will be BYOB, which is less desirable as there is no control over the types of alcohol being served or the quantity. Additionally it would be a loss of revenue, and they would be forced to allow private events (weddings, ect…) to make up for it. Devin explained that a near neighbor asked that the facility not host such events so they were removed from the original plans. Molly asked if, in the case the permit is granted, if he would be amenable to a proviso prohibiting private events, and Devin said he would. Devin also noted that the facility would not be open late even though it would mean more income if it was. 

Parking seems to be the trickiest problem. It is physically impossible for the site to provide enough parking. The property has a small lot that holds approximately ten spaces, but the law requires one space per 300 square feet, which would be somewhere around 54-57 spaces. Tyler asked about the Crescent Park lot one block away providing some relief, but Devin said he is not entitled to claim it as a solution. Brian asked if he had spoken with Turn Services, a shipping company nearby with a large parking lot. Devin said he had but it was not an option. 

Devin then showed comment cards from Tuesday’s NPP meeting, and said he had 25 in support and one opposing the project. He showed us a letter opposing the project and some fliers that had been distributed he said included inaccurate information. One flier expressed concern about Devin’s estimate of 235 visitors a day to Beanlandia, but he noted that Pizza Delicious currently has around 400 a day. 

Next we heard from Costas, who told us he felt the neighborhood was under attack from parties that want Bywater to become more of an entertainment and tourist destination. He said he initially liked the idea of Beanlandia, and supported it until he got the NPP packet. He explained that elected officials and the government are there to offer protection to residents, but that Devin wants to circumvent the rules. If Beanlandia gets the permits it seeks and something goes wrong, he said, neighbors wouldn’t be able to do anything. 

Costas gave us a handout with charts and graphs. There was a map showing the number of change of use permits (presumably alcohol) issued in our area since 2012, and it highlighted the number near the playground at Markey Park. There was also a graph illustrating a spike in STR permit applications. He said when he asked Devin what the occupancy of the building was that Devin guessed around 1000. Costas later researched the fire code and calculated the legal occupancy would be closer to 2100. There was a graph illustrating how Beanlandia could be bigger than House of Blues. He is distressed with the idea of 2100 people in a building so close to his home, and the parking problems that would bring. He also mentioned a potential increase in alcohol and drug consumption as well as litter at Markey Park. There was a brief discussion regarding the feasibility of that scenario.

Brian explained that he had taken time to study the regulations regarding the liquor license. If Beanlandia cannot get 75% of the near neighbors to approve the permit then it will not be considered and the group will then have to consider other options. If they are able to get 75% of near neighbors to approve then the proposal will then go to the CPC and City Council, at which point the near neighbors will be able to request provisos. Provisos can apply a number of enforceable conditions, such as operating hours and occupancy limits. The near neighbors would be in a strong position to negotiate at this point. If Beanlandia opts instead to forego the conditional use and operate a restaurant on the property, which is permitted with the current zoning, they will be allowed to serve alcohol and host live music by right. 

If Beanlandia is unable to get the conditional uses for live music approved they will still be allowed to host 12 special events per year. Special events can span three days, usually Friday, Saturday, and Sunday. In this case, Devin said, there would likely be demand for larger events since they would be confined to shorter time periods. 

Brian expressed his displeasure that these zoning issues so often pit neighbors against neighbors. It would be easier if the rules were clear and more consistent.

Anthony called attention to the time and our guests were thanked for joining us. After they departed the board discussed our sympathies for both sides of the issue, but agreed that the law is working as it is written. If Beanlandia is able to get 75% approval from near neighbors we would be of more use in the next phases of the process. 

Julie asked the board members present if they wish to remain in their current positions. There were no objections, though Tyler requested occasional assistance with secretarial duties.

Molly then told us about a harrowing car jacking attempt nearby, and her discussions with neighbors who provided valuable security camera footage to the NOPD. Their conversation inspired an idea for “Porch Friendly Fridays”, which could be an opportunity for near neighbors to meet, exchange contact information, and take note of which neighbors have security cameras set up. Neighbors may be able to respond quicker than the police in emergencies. It was also noted this could be useful ahead of hurricane season. The event would most likely be monthly, and could be sponsored and promoted by NFB. We all agreed it sounded like a fine idea. 

The meeting ended at 8:27 p.m.

Submitted by Tyler Harwood, NFB secretary

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NFB General Meeting – April 6, 2022

Held at “Beanlandia” (the former Giordano Furniture warehouse at 3300 Royal St.)

Since it was our first in-person general meeting since early 2020, we visited some before the meeting started in earnest. There was pizza, wine, and water provided.

At 7:12 p.m. Julie Jones introduced NOPD 5th District Captain Gwen Nolan to the group. Capt. Nolan read the number of reported crimes in our district so far this year in several categories, and the number of auto burglaries was the highest number by a hefty margin. She told us that they had arrested two suspects that they believe were responsible for a majority of the burglaries, and they are currently in jail awaiting trial. One of them is also being charged with attempted murder. Since they have been detained the number of car break-ins in the area has dropped dramatically. The police were able to catch them because a citizen called while witnessing a break-in. Another citizen saw related suspicious activity on their surveillance camera and called it in. Capt. Nolan encouraged us to install cameras and submit any useful videos to the new email address NOPD has set up – 5thdistrictvideos@nola.gov. When submitting include the date, time, location, type of crime, and your contact information. She also implored everyone to be vigilant, and not leave any valuables in our vehicles, especially guns, even for short periods of time. It seems most of the time the thieves are looking for guns.

Capt. Nolan then told us about the Louisiana 211 system. 211 callers can be connected with services that provide assistance with basic needs like food and clothing, after school child care, elder care, Covid-19 information, or help with opioid addiction. There is a video on the 5th district Facebook page (https://www.facebook.com/NOPDFifth) with more information.

There have been three car jackings in our district this year, and all three cars were recovered. The three cars were found parked together. There is a warrant out for the arrest of a suspect. Wanted posters are posted on the 5th district Facebook page and are updated regularly. Capt. Nolan encouraged the group to help. Videos of the monthly NONPACC meetings and weekly MAX meetings held at the station are also posted on the Facebook page. The MAX meetings are every Tuesday at 1 p.m. and NONPACC meetings are the 2nd Wednesday of each month at 6 p.m. Both are open to the public.

An attendee asked Capt. Nolan’s opinion on leaving his car unlocked to avoid having his window broken. The Captain said some people leave notes stating there is nothing left in the car, but it’s not known if that works. Locking up your car makes it more difficult for crooks, and that is preferable. Another attendee commented that a criminal could hide in an unlocked car, which would be an unpleasant surprise. 

Capt. Nolan is hopeful that crime can go down in the 5th district as she has seen success in other parts of town, however there are still not enough officers to effectively deal with current conditions. She asked us to help recruit new officers, and clarified that not all police are on patrol. Some are in labs or photographers. An attendee encouraged Capt. Nolan to put that information on the 5th District Facebook page. Another attendee asked why the pay level for NOPD is not competitive enough with nearby areas. NOPD often loses officers to Jefferson Parish or St. Bernard. Capt. Nolan suggested contacting City Council to ask them to help. The group thanked Capt. Nolan for joining us.

Julie then introduced Devin De Wulf, the founder of the Krewe of Red Beans. Devin gave us a brief history of the Krewe and how it grew to around 800 members, and splitting into two separate kid-friendly parades on Lundi Gras. At the start of the pandemic the Krewe started a mutual aid effort by delivering food to weary health care workers. They got donated money to ailing restaurants in the process, and paid out of work musicians to deliver the food. The project was a huge success. Delivering groceries to at-risk friends of the Krewe was the next idea. That project grew into Feed The Second Line, which is now a thriving non-profit offshoot of the Krewe, and delivers groceries to people in need all over the city. Other Krewe mutual aid efforts were Fest Fest, which hired musicians impacted by the cancellation of Jazz Fest to play small, socially distanced backyard shows; and Hire a Mardi Gras Artist, which paid out of work Mardi Gras float artists to make “porch floats”. The Krewe also collected donations to fund cleanup and repairs after Hurricane Ida and the recent tornado. Through these many efforts the Krewe raised over $3.5 million and provided paying gigs for more than 250 New Orleanians in need. 

Beanlandia, the large building our meeting was held in, had been the Giordano Furniture factory and warehouse since 1947. The Krewe of Red Beans bought the building last October. The Giordano family offered owner financing as banks were unwilling to loan money for the purchase. The payments are being made by collecting donations from “members” of Beanlandia. Anyone can join by choosing a monthly payment in any amount. The Krewe plans for the building to be a Cultural Facility, which is an approved use with the current zoning.

Devin told us his plans for different rooms in the building. One would be a large space where the public could watch the Krewe of Red Beans, Mardi Gras Indians, and other artists create their suits and related art. The room we were in is toward the back and is the largest and longest. It is planned to be a “bean museum” with large murals made from beans on the walls. He would like to put a small stage for live music on one end and a concession stand with a small bar on the other that could serve alcohol. Another large room would be a classroom, and the front entrance will be a popsicle stand. There is space on the second floor where the office for Feed the Second Line would be, as well as a sewing studio for Mardi Gras Indians. In the future Devin hopes for a “bean restaurant” as well. There is also a large back yard and a modest parking lot. 

The building is a “fixer-upper”. There is no heating or A/C, and no restrooms. The renovations are being funded by members, and the architect is a member of the Krewe. They hope to add openings in the back wall with garage doors so the space can be open air when weather permits, cutting down on the need for running a large, potentially noisy A/C, which would likely be located on the back side of the building. 

The facility would be primarily for members, but tourists would be welcome and their donations would fund the space and the Krewe’s other non-profit initiatives. It will not be marketed as a tourist destination. The plan is for the live music sound system to be deliberately small, just enough to host the brass bands and other bands that march with the Red Beans parade so they can benefit from the facility as well without the expense and hassle of special permits. Devin plans on hiring a consultant to minimize sound outside the building, working with neighbors to designate “quiet times”, and establishing an ongoing neighborhood advisory group to improve and adjust live music policies over time. 

The “concession stand” (bar) is thought of as part of the ambience of the space, and not the main reason to visit, nor would it be the primary source of income for the space. Like the sound system it will be deliberately limited, and the hours of operation would be afternoon / early evening until 9 p.m. The facility will close at 10 p.m. Because the building is across the street from a playground there are special rules about alcohol permit availability. Beanlandia is eligible because it is a non-profit. If 70% of near neighbors approve they can get the permit. If the permit is not granted the space will be BYOB when not having a special event, which is less desirable because there is less control. In the unlikely event the Krewe is forced to sell the building the new owner would need to apply for a new conditional use unless they are also planning a non-profit cultural facility. Conditional Use for alcohol isn’t available to most uses. It is available to cultural centers and to hotels.

The other thing the Krewe needs to proceed, and perhaps the most daunting issue, is a parking waiver. There is a small parking lot behind the building, but it is not possible for the facility to provide the required amount of parking in our tightly packed historic neighborhood. One idea is to reserve spaces for near neighbors in the parking lot when parking gets tight on the street. Devin noted that most of the Krewe members live in the area, so will likely walk or bike to the building, which will hopefully help.

The krewe wants to avoid hosting larger private special events, such as weddings, which can be disruptive to the neighborhood. In the case they are unable to get the conditional uses they seek these types of events may be financially unavoidable. Without the necessary conditional uses being granted 12 special events per year are allowed under current law, and can run for 3 days (Fri, Sat, Sun). Devin added that since a large portion of the membership lives in the area they share a common desire for the space to be more of an asset than a nuisance. Devin lives with his family two blocks away. He shared his phone number and email with the group and encouraged anyone who likes what the Krewe has planned to become members. 

Julie then told the group it was time for the NFB board election. Since no new nominees were introduced she asked if the group would vote by acclimation for the current board to continue to serve. Cherry May put forth the motion and Steve May seconded. There were no votes in opposition.

The meeting ended at 8:25 p.m.

Submitted by Tyler Harwood, NFB Secretary

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Neighbors First For Bywater – General Meeting – March 9, 2022

Held via Zoom

The meeting started at 7 p.m. as we visited and waited for a few more panelists to arrive and work out technical issues.

At 7:05 Julie discussed the upcoming board election. There are currently 10 members on the NFB board: John Andrews, Joe Brown, Anthony Eschmann, Tyler Harwood, Molly Henderson, Steve Jacob, Julie Jones, Susan Korec, Brian Luckett, and Michael Owings. There can be up to twelve board members. NFB members are encouraged to nominate new candidates. To be eligible nominees must have been NFB members for at least three months. To vote a person would need to be a member for one month before the election. Since the pandemic and the lack of in-person meetings has made paying dues difficult it is irrelevant if membership dues are current at this time.

Julie then introduced Eve Abrams, Elizabeth Macey, and Bettina Reutter, all near neighbors to a large property at 3000 – 3032 St. Claude. They told us that the current owners of the property are asking for a zoning change to key lots that abut the back yards of numerous residents. The lots along St. Claude are already zoned commercial (HMC-2) and the key lots behind them are zoned residential (HMR-3). The owners want to make it all commercial. The city usually dislikes “split zoning”. Since these properties used to all be separately owned residential lots until they were eventually bought up by the former group of owners the situation is unique, and it is also an unusually large assemblage of lots to be owned (and now listed for sale) by one party.

In 2018 the current owners had plans to build a hotel (the “Sun Yard”) on the property but needed the zoning change and a conditional use. Near neighbors organized in opposition, and when it became apparent that City Council would deny their request, the owners pulled the request for conditional use at the last minute, leaving only the zoning change on the table without explanation. The council voted against the zoning change, and the owners have since sued the city. It is unclear and unusual, but this legal procedure may be an attempt to skip reapplying for the usual CPC review process. 

Since the 2018 denial the commercial structures (former homes) have been leased to a few artists, presumably as studios, but seem to have largely been neglected. The key lots in back remain empty. Several trees have been removed. Neighbors reached out to the new District C council member Freddie King, and he came with members of his staff to visit the neighbors and hear their concerns. It appeared he was not impressed with the condition of the commercially zoned structures. Mr. King had asked for a deferral when the zoning change was originally scheduled to come up for a vote before the council and now it is scheduled for April 7th.

The motives for the current zoning change request are unknown, but it is safe to assume it is to raise the value of the property, as it is currently on the market for $1.9 million. The real estate agent describes the property as “LARGE ST. CLAUDE COMMERCIAL ASSEMBLAGE” and says “The highest and best use is likely a hotel, short-term rental, or restaurant/bar.” < link >

The neighbors, once again, are nervous what may be in store for their back yards, and are understandably weary and annoyed. They encouraged us to join them at the City Council meeting on April 7th, and/or contact council members to oppose the zoning change.

NFB contacted the property owners and their attorney(s) to see if they would like to join the meeting but they were either unavailable or didn’t respond.

Julie reminded everyone about the upcoming NFB board election and thanked our guests. The meeting ended around 7:47 p.m.

Submitted by Tyler Harwood, NFB secretary

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Neighbors First for Bywater Board Meeting – February 16, 2022

Held on John Andrews’ back porch. Present: Julie Jones, Anthony Eschmann, John Andrews, Susan Korec, Joe Brown, Brian Luckett, Tyler Harwood, Molly Henderson

The meeting started at 7:17 p.m. with a discussion of what to do for our next meeting, which would fall on Ash Wednesday this year. All agreed postponing is necessary. This would be the meeting that the annual board member election is held.

The owners of the “Sun Yard” property (3000-3032 St. Claude – the old “Truck Farm”) are once again requesting a zoning change for the back part of the property, technically key lots, from HMR3 (residential) to HMC2 (commercial). [https://council.nola.gov/getattachment/979fffa8-d4f7-4a7e-91a3-e1fe177772b9/file – page 36] The motive is unknown. Councilmember King visited the property and met neighbors yesterday and is requesting the proposal, which was on the agenda for Feb. 17, be deferred to April 7. Neighbors have asked for NFB support once again and it would be good to have them come to the next general meeting to inform membership of what is happening. Since the proposed deferral would put the item up again on April 7th it was agreed it would be good not to postpone our next meeting until what would be our next usual time, April 6th.

Brian suggests we invite someone to speak about the port expansion in St Bernard Parish. Port of New Orleans has acquired a large piece of land to build a cargo terminal, but there are serious concerns about traffic and other impacts to the surrounding area. Port traffic could be a problem for Bywater if trucks use St. Claude Ave. Brian agreed to see when the period for public comment ends so we can be sure to invite a speaker before then.

Other issues the City Council are currently discussing are changes to the CZO regarding outdoor live entertainment permits and “parklets” (outdoor seating areas in the street for bars and restaurants). Staying aware of what is happening would be judicious as either could have a big impact on near neighbors.

It was agreed we should push the March general meeting back one week to March 9th. We will invite neighbors of the 3000-3032 St. Claude property and someone from St Bernard Parish if possible. The meeting will be held on Zoom. Tyler will research if holding the vote for board members is possible on Zoom, or if another electronic method may work better. An email will be sent to membership seeking any potential new nominees.

The meeting ended at 8:15 p.m.

Submitted by Tyler Harwood, secretary

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NFB General Meeting, February 2, 2022

This meeting focused on the ongoing issues with the blighted NSA complex off of Poland Avenue. Tim Murphy from the Health Dept started out the meeting by telling us about a recent visit to the facility. Conditions are far from safe or healthy in the buildings, but they were relieved to not find any children or people in need of medical assistance. Superintendent Roman Nelson from the New Orleans Fire Department then told us about fires and other hazards on the property. Recent fires there were apparently started by burning trash. Our new District C councilmember Freddie King introduced himself and his staff and they offered their full support. Jeffrey Schwartz, the city’s Director of Economic Development introduced Peter Aamodt and Brian Gibbs from the MCC Group, which has plans to develop the property. They are still getting the financing finalized and hope to start demolition in the spring. The plan is for one of the three buildings to be turned into affordable housing. The middle building, which is a parking garage, will also be utilized. There are no plans yet for the third building, which is the one nearest the Industrial Canal. They currently have one security guard that patrols the property, but they are unarmed and can only observe activity there and call police if there are issues.

Many questions and concerns were coming up in the chat, more than we had time to get answers for! There is a great deal of frustration with the poor condition of the property and criminal activity potentially linked to the people camping out there, but the developers say development will start soon which would hopefully start to make the area safer. A video of the full meeting can be viewed below.

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NFB Board Meeting Jan 12, 2022

Held via Zoom, started at 7 p.m.

Present: Julie Jones, Joe Brown, Brian Luckett, Anthony Eschmann, Stephen Haedicke, Molly Henderson, Tyler Harwood

Julie introduced us to new prospective board member Molly Henderson, and other candidates were discussed. The election for board members is supposed to be in March, which means it would be Ash Wednesday. There is also the question of whether voting would be better at an in-person meeting or if it can be done online somehow given the continuing pandemic. It was agreed to postpone until April in hopes of meeting in person.

The February general meeting will be February 2nd and will need to be another virtual one. Street construction was brought up as a potential topic, as was the recent proliferation of car-jackings in the area. Then the topic of the ongoing problems associated with the blighted Naval Support Activity (NSA) property came up. Neighbors near the property are getting more and more fed up and another recent homicide that is possibly linked to a “resident” has added to the stress, as has a loose aggressive dog. We met with former council member Palmer about issues at the property several times in the past but there was little to no progress. The possibility of distributing a petition and organizing protests was discussed. Brian contacted HUD to see if he could get an update from them and was told the developers “have been invited to submit pre-application”. He read the letter to the group and it seems HUD had productive meetings with the developers and likes their plan. Meanwhile squatters discovered they could remove large sections of security fencing by fastening it to a passing train. 

It was agreed to make the NSA the topic of our next meeting to update neighbors, raise awareness, and maybe even get some answers. We should invite NOPD, the fire department, New District C Council Member Freddie King, and see if there are social workers or homeless outreach that may be interested. Partnering with the BNA in some capacity was discussed. A joint meeting could probably get a good turnout and maybe even some results. An in-person meeting would be preferred. Molly volunteered to contact someone from the BNA. Joe volunteered to make some flyers to post once plans solidify.

The meeting ended at 7:55 p.m.

Submitted by Tyler Harwood, secretary

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District C Runoff Forum – December 1, 2021

The December 1, 2021 General Meeting of Neighbors First for Bywater was held virtually via Zoom video conference. The meeting started at 7 p.m. when we were introduced to Captain Gwen Nolan, the new police leader of the 5th district. Captain Nolan discussed a focus on addressing blight, as blighted property tends to be linked with criminal activity. She encourages residents to report concerns about blighted property to 311. There is a video on the 5th District Facebook page with more information. Lt. Palumbo then spoke to the group about some recent car jackings in the neighborhood. The next monthly MAX meeting is December 7th at 1 p.m. at the 5th district station – 3900 North Claiborne Ave. MAX meetings are in the station every Tuesday at 1 p.m. and NONPAK meetings are the 2nd Wednesday of every month at 6 p.m. also in the station.

At about 7:15 we were introduced to the District C Runoff candidates, Stephanie Bridges and Freddie King, and a forum was moderated by Brian Luckett. A video of the forum can be seen below.

Submitted by Tyler Harwood, NFB secretary

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Neighbors First For Bywater – Board Meeting – October 20, 2021

Present: Julie Jones, John Andrews, Joe Brown, Anthony Eschmann, Rhonda Findley, Brian Luckett, Tyler Harwood. The board was joined by guests Mark Gonzalez and Brian Smith.

Held on John Andrews’ back porch. Meeting started at 7:08 p.m.

The meeting was almost entirely a discussion on the “good neighbor agreement” being proposed for 805/807 Louisa St, where potential new owners would like a zoning change to open a snowball stand/restaurant. Kristin Palmer previously asked NFB to work with her mediator to come up with the good neighbor agreement. At the last board meeting we voted to require a covenant simply requiring that the new owners not be allowed to apply for any further zoning changes or conditional use. Any other requirements and their subsequent enforcement would be up to near neighbors. 

Mark believes the neighbors will not be able to get important issues included, such as operating hours, trash can placement, lighting, locations of exhaust vents, ect… without more help from NFB. There is also a great deal of concern with what should happen in the event the proposed business model not succeed for some reason. The neighbors requested 26 additional requirements in addition to what the NFB board suggested, and it sounds like the business owners are not agreeing to them. Mark suggests NFB form a “standing committee” made up of near neighbors so that more terms can be included in the agreement, and this committee would be responsible for reporting any issues to the NFB board to then discuss. These neighbors would also agree to be financially responsible for any costs incurred in association with enforcement.

John motioned that we form the standing committee, which would consist of neighbors within one block of the property. This committee will work with the board to come up with a final list of covenants to propose. Joe seconded. Six voted yes, one abstained, and the motion passed.

There was then a rushed discussion of potential for the next general meeting, which would be November 3rd. It was generally agreed that there wasn’t sufficient time to plan a worthwhile meeting and that we should postpone until December, perhaps to have an informal holiday gathering.

Meeting ended at 8:14 p.m.

Submitted by Tyler Harwood, secretary

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Neighbors First For Bywater – Board Meeting – September 22, 2021

Present: Julie Jones, Joe Brown, Anthony Eschmann, Rhonda Findley, Brian Luckett, Stephen Haedicke, Tyler Harwood

Held via Zoom video conference.

The meeting started at 7 p.m. with a discussion of the upcoming General Meeting, which will be held via Zoom October 6th. Steven Jacobs has agreed to speak about potential for residential parking zones. New hotels and other businesses in the neighborhood could make some blocks good candidates. The Mayor’s office also has a new Neighborhood Engagement Officer that would be good to meet. It may be a short meeting.

Brian then updated us on 805 Louisa, the site of a proposed snowball stand which has met some opposition by neighbors. Council-member Palmer has offered to help mediate to develop a “good neighbor agreement” which could include a covenant on the property. This would mean that if the property is sold in the future the covenant would still apply. NFB has been asked to write the agreement, and traditionally the responsibility of enforcement falls to a neighborhood association. Usually these agreements include rules about noise, trash, business hours, lights, parking, and so on – and that could potentially be more than NFB can keep up with. As a small non-profit we do not have the resources. Brian proposes we simply require that the owners cannot use the property in any way that will require a Conditional Use. Anything within HMC-1 zoning would be fine, so the business the new owners are proposing could open as they have it planned now. Neighbors may ask for other provisions but it would be up to them to negotiate and enforce them, in which case this would be a sort of hybrid good neighbor agreement.

The property as it is now being sold is technically two lots. 805/807 Louisa is the building, and is zoned residential. 3201 Dauphine is basically the side yard of the house, which now just has a swimming pool, and it is zoned commercial. A “resubdivision” is being proposed that would make it all one lot so the zoning change covers the whole thing. This is preferable as the good neighbor agreement would apply to the entire property going forward.

Brian motioned we request a property covenant specifying the property cannot be used in any way that would require a Conditional Use. A clause should be included that would require the property owners to pay legal expenses if NFB prevails in a lawsuit due to a breach of the agreement.  With any other outcome, legal fees would be paid by each party. The board voted unanimously in support.

There was then a brief discussion about the possibility of a forum in the likely case of a runoff for the District C City Council seat. Julie is gathering emails and plans to contact all candidates to inform them of our intent.

The meeting ended at approximately 7:50 p.m.

Submitted by Tyler Harwood, secretary

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Minutes pending

NFB had general meetings and board meetings via video chat as regularly as we could through the unusual times of 2020 and 2021 – these meetings were recorded, however the minutes still need to be written out and uploaded to this site. Check back soon or please feel free to contact us with any questions.

February 17 2021 board meeting – March 3 2021 general meeting – May 5 2021 general meeting – March 5 2021 general meeting – June 16 2021 general meeting – August 4 2021 general meeting

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