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HomeMy WebLinkAbout2018-06-19 - Minutes -Council Member Adella Gray Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting June 19, 2018 City Council Meeting Minutes June 19, 2018 Page 1 of 16 Council Member Justin Tennant Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member John La Tour Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on June 19, 2018 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 Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Sarah Bunch, John La Tour, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report Council Member Kinion presented the Nominating Committee report and recommended the appointments as submitted. A copy of the report is attached. Mayor Jordan gave the public an opportunity to comment on the appointments recommended. No one came forward to speak. Council Member Kinion moved to approve the Nominating Committee Report. Council Member Marsh 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 June 19, 2018 Page 2 of 16 Agenda Additions: None Consent: Approval of the June 5, 2018 City Council Meeting Minutes. Approved Black & Veatch Corporation: A resolution to approve a professional engineering services agreement with Black & Veatch Corporation in an amount up to $83,691.00 for engineering services associated with the development of a water audit and a plan to reduce water loss. Resolution 133-18 as recorded in the office of the City Clerk Bid #18-35 81 Construction Group, Inc.: A resolution to award bid #18-35 and authorize a contract with 81 Construction Group, Inc. in the amount of $118,881.18 for the construction of the East Spyglass Hill Drive Drainage Improvements Project, and to approve a project contingency in the amount of $17,830.00. Resolution 134-18 as recorded in the office of the City Clerk Fayetteville Active Transportation Plan Map Amendments: A resolution to approve amendments to the Fayetteville Active Transportation Plan Map to improve bicycle and pedestrian connectivity near the newly acquired Centennial Park at Millsaps Mountain. Resolution 135-18 as recorded in the office of the City Clerk Council Member Kinion moved to accept the Consent Agenda as read. Council Member Tennant seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 18-6152 (4005 W. MLK Blvd/Duggar): An ordinance to rezone that property described in rezoning petition RZN 18-6152 for approximately 23.76 acres located at 4005 West Martin Luther King Jr. Boulevard from R -A, Residential Agricultural to UT, Urban Thoroughfare. At the .June 5, 2018 City Council meeting this ordinance was left on second reading. At the May 15, 2018 City Council meeting this ordinance was left on first reading. City Attorney Kit Williams: Mayor, before we go to the third reading, there has been a potential amendment for the ordinance. Planning notified me that the applicant desires to make a slight change to comply with what was requested by some of the City Council members. The request was to have a step back zone of Community Services. The area right along Martin Luther King would be Urban Thoroughfare, which is about 11 acres, then 12 acres of Community Services, and the rest remain as Residential Agricultural and not be rezoned. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 3 of 16 Melvin Milholland, Milholland Engineering & Surveying stated they are seeking the amendment as City Attorney Kit Williams stated. Tom Joseph, Griffith Commercial Real Estate stated he was representing the owner of the property. He stated they worked on the height restrictions that City Council had concerns about. He stated their goal is to leave as many trees as possible. He spoke about wanting it to be a destination location. Garner Stoll, Development Services Director stated John Scott, Urban Forester put together a memo and some maps showing the historical tree growth on this site. He stated tree preservation is implemented when Large Scale Development comes in and plat is submitted. He stated this gives Council a snapshot of what the requirements are. Council Member Gray: Can you tell me exactly the tree coverage? Garner Stoll: It is 15% for Urban Thoroughfare, 20% for Community Services, and 25% for Residential Agricultural. Tom Joseph: It will be a thematic outdoor. We will leave as many great trees as possible. Council Member Gray: You can understand our position that it must be in black and white, so no matter who builds there, they know how many trees they have to leave. City Attorney Kit Williams: That will occur during Large Scale Development. It goes to the Planning Commission for their approval. A Council Member can appeal that if they don't like the result. Council Member Petty moved to amend to what City Attorney Kit Williams proposed in his memo. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the entire ordinance. City Attorney Kit Williams: This amendment will include an amended Exhibit A. Council Member Tennant thanked everyone involved for working together. He stated he likes that they are going to use the area as a continuation of a regional destination. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6071 as Recorded in the office of the City Clerk RFP #18-04 RDG IA, Inc. d/b/a RDG Planning & Design: A resolution to award RFP #18-04 and authorize a contract with RDG IA, Inc. d/b/a RDG Planning & Design in the amount of 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 4 of 16 $153,066.00 for the development of the Highway 71B Corridor Plan, to approve a project contingency in the amount of $46,934.00, and to approve a budget adjustment. At the June 5, 2018 City Council meeting this resolution was tabled to the June 19, 2018 City Council meeting. City Attorney Kit Williams: We found out a couple of days ago that the name should be RDG SWB, Inc., instead of RDG IA. Normally, we would have corrected that as a scrivener's error, but since we had not passed the resolution yet, we can amend it tonight. Council Member Petty moved to amend to RDG SWB, Inc. d/b/a RDG Planning & Design. Council Member Tennant seconded the motion. Upon roll call the motion passed unanimously. Garner Stoll, Development Services Director did not have any additional information. Council Member Marsh stated she met with staff to improve the contract. She stated the wrong team was selected for the job. She stated that a lot of her suggested language was not included in the final contract. She expressed her dissatisfaction with not receiving an email or notification of the updated contract. Paul Becker, Chief Financial Officer: Andrea Rennie is our Purchasing Manager. She sent all the revisions to all Council Members. Andrea Rennie, Purchasing Manager: It went out from the City Clerk's office on June 12, 2018. Paul Becker: We looked at your comments. Andrea took them back to the negotiating committee to look at the contract. We have to be careful that we aren't expanding scope larger than what we have originally proposed because then the entire contract changes. We incorporated what we felt we could legitimately do and still maintain the scope. Council Member Marsh stated there was a communication failure at the beginning of the process. She stated she wasn't notified about being on the committee. She stated they sent out an email with the RFP language with less than 48 hours to respond. She doesn't believe the scope was adequately addressed in the RFP. She stated she wasn't given the appropriate time to introduce the things needed in the process. She doesn't believe the city is hiring the right team. She spoke about the 13 teams that applied. She stated she read them and scored all of them on a matrix. She stated at the end of the interview process she turned them in and the records were destroyed. She spoke about the scoring of Dover, Kohl & Partners that submitted a RFP, who she believes was the better choice. She spoke in opposition of RDG SWB, Inc. d/b/a RDG Planning & Design that was selected. Paul Becker: The reason we destroy the votes, which is one vote per person on the Selection Committee, it an important control check on our selection process. I'm concerned about improper influence within the committee and from outside influences. I don't want anyone on that committee to be intimidated by someone else on the committee. Don Marr and I are on some of the selection processes. We don't want our arguments to intimidate someone because of our position. If our arguments are successful, they vote that way and we don't know how one votes. This is a good 113 West Mountain Fayetteville, AR 72701 . (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 5 of 16 example of transparency. I have full confidence the current staff and elected officials would not attempt to manipulate the process. We recognize that fraud exist in government and we have to put in as many protections as possible. Many times, Purchasing sends items out and we ask for quick turnarounds because we have a backlog of important projects. If anyone on the Selection Committee doesn't feel they have adequate time, they can respond to the Purchasing Department and request more time. In this case, we did not receive a request before Agenda Session. Council Member Marsh spoke about not being a full-time staff member and not checking her emails every day. She stated less than 48 hours is not an acceptable turnaround time. She believes the process could be improved for such an important project. Council Member Kinion: If we were to decline this contract, are we back at square one? Paul Becker: Yes. Council Member Marsh: Is there an opportunity to take the number two choice if we were not able to negotiate the increase in scope? Paul Becker: If we are going to change the scope of the project, then we are going to have to take it back. Council Member Marsh: In the Dover, Kohl proposal they addressed a lot of things I felt were missing in the scope of the RDG proposal. Paul Becker: They may have, but that opportunity has to be presented to each person who is going to propose on the project. Garner Stoll: The Dover, Kohl scope of services was significantly abbreviated. Their scope of services followed the Request For Proposal, but the elements of their planning process was significantly less, like 50% less. It did not address the issues that Council Member Marsh is speaking about. Council Member Smith: I'm concerned we are talking about the scope of the contract at this point. That should have been the conversation we had long before we got here tonight. We've added the Archibald Yell and South School part that was missing. Looking at this contract and the way it meets the scope we put out, it seems like a pretty good match and a quality proposal. The fact that we've got a close vote in our Selection Committee should be a good thing. It means we are attracting many quality applicants. In close votes, we can't always get our way. I trust the staff and the process. Council Member Petty stated he agreed with Council Member Smith. He stated he wasn't in the room when the vote occurred, but is going to trust what the consensus was. He spoke about the scope items. He was pleased that the south section of 71 was added to the scope. He stated the city has a set of documents that provides planning level guidance for issues. He believes the contract can be managed, especially the issue of housing. He stated he viewed RDG's work and is excited about their planning document. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 6 of 16 Council Member Tennant spoke about his appreciation for all viewpoints of the Council Members. He stated Fayetteville is a world class city with a world class staff. He spoke about putting trust in the expertise of staff members at the City of Fayetteville. Council Member Bunch stated her appreciation for Council Member Marsh's dedication. She stated she is siding with staff and feels confident about the process. She spoke about the limited budget. She spoke in favor of RDG. Mayor Jordan: I completely trust the staff of this city. You will be as successful as your staff makes you. I have an outstanding staff. Every day they come to work and deal with all kinds of public issues. They are dedicated to this city becoming the best it can possibly be. Council Member Gray moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed 7-1. Council Members Gray, Kinion, Petty, Tennant, Bunch, La Tour, and Smith voting yes. Council Member Marsh voting no. Resolution 136-18 as recorded in the office of the City Clerk ADM 18-6094 (Amend UDC 164.19/Accessory Dwelling Units): An ordinance to amend §164.19 Accessory Dwelling Units of the Unified Development Code to encourage the construction of more accessory dwelling units in Fayetteville. At the June 5, 2018 City Council meeting this ordinance was left on the first reading. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Petty seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description about the ADU height limit. He spoke about the size limit. He stated the Planning Commission recommended 1,200 square feet and the current ordinance is 950 square foot. Council Member Smith: After the discussion last week I gave thought to how a 1,200 -square foot ADU would lay out. We have some 700 -square foot houses in town. If you put a 1,200 -square foot detached on the same lot with your 700 -square foot, you have created a new principle dwelling. I appreciate the expansion to the 1,200 square feet Planning Commission came up with to accommodate two ADU's on the lot, but as it's written, allowing for one of that size calls into question whether it's an accessory. I would like to make an amendment on the square footage limit in percentages. Council Member Smith moved to amend the square foot limits. Council Member Tennant seconded the motion. Council Member Tennant: Your overall reason is to avoid a situation where you would have something small and then add a much larger ADU, which would become a principle unit? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 7 of 16 Council Member Smith: Yes. The focus is to keep the accessory's in scale with the principle unit. I've got a lot of concern about free -rein for duplexes without conditional use permits. Council Member Tennant: There would be that rule attached if someone wanted to go that way, they would understand their size limit based on the square footage of their existing building? Council Member Smith: Yes. You could still get to 1,200 square feet total if you're building two. They would have to be smaller individually. Council Member Petty: The combined total could still be 1,200 square feet? Council Member Smith: If you have two of them. Is that correct, Kit? City Attorney Kit Williams: That is in a different section that has already been looked at and somewhat approved, which limits the combined square footage not to exceed 1,200 square feet. If you have more than one ADU, then the total could not be more than 1,200 square feet. In this one, the largest a single unit could be is 950 square feet. Council Member Smith: Thanks. I misstated that earlier. 950 square feet was the cap on the ordinance the way it is now and that would still be the cap for any individual ADU. If you have two, they would have to be scaled down to fit within 1,200 square feet. Council Member Petty: I misread that whenever it was sent out. I can support this with one change. I think the 600 square feet is a little arbitrary. When we amended this on the last revision a year ago we settled on 950 square feet because that gave us enough space to put it over a three - car garage. A two -car garage figure is around 800 square feet. If 800 was the smallest number because so many of these things are going to be constructed across two car garages, I think I'm on board with the framework. Council Member Smith: I can go with that. I based this off of talking with some architects who had ADU's that they ended up not building. Sounds like a good rationale. Would I make my motion to make it 600 square feet? City Attorney Kit Williams: If you are going to say they are at least allowed to be 800 square feet then the chart would have to be redone. You don't want to have one that's 801 square feet and do 70% of it because that's going to go down below 800 square feet. I would need to work on that a little bit and it would not be ready for passage tonight. Don Marr, Chief of Staff. This is on the second reading if you want to make revisions. Council Member Petty: Are we clear that garage spaces are not counted, it is only habitable square feet? City Attorney Kit Williams: Yes, I changed that to make it habitable. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 8 of 16 Council Member Marsh: I would like to keep it all at 950 square feet. If you have two parking spaces for your primary dwelling and then one for your ADU, that's a three -car garage. My house is 825 square feet and I would be penalized for that, and couldn't build as much as my neighbor who is slightly larger, when I might be constructing a three -car carport and wanting to put something on top of it. It does not make sense to abbreviate that because my house is small. Mayor Jordan: In your case, 70% of 825 square feet would not be much? Council Member Marsh: Correct. It wouldn't cover a three -car garage. A discussion followed about habitable size limitation. Council Member Petty stated he is fine with how the ordinance is currently written. He stated it helps preserve smaller houses on larger lots. He stated the tradeoff in the way the ordinance is currently written against that which is already allowed, is the size is being restricted. He stated the way the ordinance is written is the right way to do it, but if some of the issues are deal breakers and they have to fix it to get a consensus, he is ready to do that. He stated if they are going to amend it, he would like to keep it at 950 square feet maximum for a single ADU and 1,200 square feet maximum for two ADU's combined. He stated this is the most important ordinance that Council has ever considered in regard to housing and transit. Council Member Marsh: Should we send this to the Ordinance Review Committee? There are a lot of things we need to discuss. Council Member Kinion believes it should go to the Ordinance Review Committee. He spoke about the over occupancy problem. He stated the more square footage available in the units, the more likely they'll have additional problems with over occupancy. He stated he would like to have more direct interaction with people in the Washington Willow, Wilson Park, Woodland, and University Heights neighborhoods that have contacted him. He stated he's received a lot of complaints in those neighborhoods about parking and over occupancy. I want to protect the historically significant neighborhoods. Mayor Jordan: Justin, would you be willing to meet? Council Member Tennant: Yes. I will get with everyone about their schedules. This is very important. Council Member Smith: I have no objection of it going to Ordinance Review. If somebody wants something more than what we got here, they can still apply for a conditional use permit with the Planning Commission. If your house is too small and you have a great plan for something that's just passed the limit or if you need a few extra square feet for design reasons, it's still available. It wouldn't be the standard that we would see pop up everywhere. City Attorney Kit Williams: The Planning Commission would be allowed to do a variance from some of these standards. Not a waiver. A waiver means forget the standard. It's not a conditional 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 9 of 16 use, it's just a variance that Planning Commission could waive or could pass. I would be happy to work with the Ordinance Review Committee. This is an important issue for the city. There was a brief discussion about the procedural process of withdrawing the proposed amendment. The motion to amend was withdrawn in order to send the item to the Ordinance Review Committee. Bradley Edwards, 1522 Hotz Drive stated he lives at University Heights. He doesn't believe the area has overoccupancy issues in the neighborhood. He spoke about historic preservation in the Washington Willow neighborhood. He spoke in favor of the ordinance. Don Marr, Chief of Staff: We don't currently have a Historic District Commission to review improvements. It is something that the Washington Willow neighborhood is currently researching. We had a presentation to you all about the possibility of moving in that direction. Amman Jordan, Wilson Park neighborhood spoke in favor of the ordinance. Zara Niederman, 849 South Washington spoke about ADU's not being easy to build and that there probably would not be a large amount of ADU's constructed. Mayor Jordan: I assume we are going to leave it on this reading. We have two weeks and the Ordinance Review Committee will meet. Council Member Tennant: We want to get a lot of public input, especially in neighborhoods that could be impacted. I don't want to delay things, but it's important even if it takes a little longer. This item was left on the Second Reading and sent to the Ordinance Review Committee. New Business: RZN 18-6204 (127 N. Florene St./Fugitt): An ordinance to rezone that property described in rezoning petition RZN 18-6204 for approximately 0.33 acres located at 127 North Florene Street from R -A, Residential Agricultural to RI -U, Residential Intermediate, Urban. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff are recommending approval. Council Member Marsh: With the slice of R -A, is there any sort of topographical or natural feature that may have contributed to the R -A? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 10 of 16 City Attorney Kit Williams: It looks like there are a whole row of houses already built there. I don't know how they got built under R -A because R -A requires 200 feet of frontage. Garner Stoll: It's just a remnant of zoning that doesn't reflect the existing uses. Ken Fugit, Applicant's representative stated he was available for questions. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member Marsh 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 6072 as Recorded in the office of the City Clerk RZN 18-6206 (1760 N. Walnut Ave./Niederman): An ordinance to rezone that property described in rezoning petition RZN 18-6206 for approximately 0.35 acres located at 1760 North Walnut Avenue from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Zara Niederman, Applicant stated he is available for questions. Kyle Cook, 1848 North Wheeler stated he spoke against the rezoning at the Planning Commission. He stated he's not against Neighborhood Conversation, but he is against dropping NC on one lot in the middle of a RSF-4 neighborhood. He spoke against the ordinance. Council Member Kinion: At this property, we have the road wash out regularly. There is a topography and runoff issue. I am concerned about increasing the density. We are going to increase the potential for the velocity that is crossing the area on Walnut Avenue. NC zoning is good for a lot of properties, but at this specific property and area we have a storm water issue. Mayor Jordan: You have some flooding issues? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 11 of 16 Council Member Kinion: It's the velocity that crosses and washes it out under the pavement regularly. Council Member Smith stated we should look at the whole neighborhood instead of doing things lot by lot. He stated if they look at the whole neighborhood at RSF-4, then he's not sure this change makes sense. Council Member Bunch stated she agreed with a lot of the comments made in opposition to the ordinance. She spoke about looking at the entire neighborhood. She stated she did not know there were water drainage issues in the area. She stated she would not be in support of the ordinance. Council Member La Tour requested Garner Stoll to explain why he didn't believe going from RSF-4 to NC wouldn't be a major change. Garner Stoll: They both only allow single family residential by lot, by right. NC has the possibility of a conditional use permit if they go to Planning Commission. The primary difference is the lot width that is required. 70 feet for RSF-4 and 40 feet for NC. Council Member Marsh: I'm inclined to support this request. It's still single-family housing and smaller lots, which are good for walkability. This is an appropriate rezone for the lot. I'm not a fan of RSF-4. NC is a much better tool when creating a walkable city, 40 -foot minimum lot width is a lot more conducive to walkability. Council Member Kinion: Walkability is important, but we are talking about a specific street in this specific location and specific topography. There are blind corners here, it is very narrow. Until there's an improvement with sidewalks and infrastructure, you won't be walking on this street. During bad weather, there's always ice on it because it has continual water flow. Is this in the Hillside Overlay? Garner Stoll: It is. Council Member Kinion: There are some restrictions we have to look at. This street needs some improvement. Council Member Bunch: Is there a sidewalk? Garner Stoll: I think there is a sidewalk on the east side. Council Member Bunch: Does it go all the way to College? Garner Stoll: It appears too. Don Marr: This was part of our Capital Improvement Plan about two years ago to build a portion of this section that used to not be curb and guttered at all. A discussion followed about sidewalk placement in the area. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 12 of 16 Council Member La Tour asked the applicant to talk about the rezoning request. Zara Niederman: I have a rental house on there. The foundation is in bad shape because of the water coming off. We'll have to take it "down in the near future. Rebuilding it with more than one home will be economical. In the location, it's walkable and there are sidewalks to College Avenue, Woodland, and Ozark Natural Foods. It's important to have more density that is close to 71B. Council Member La Tour: Is the blind corner on your property that Council Member Kinion was referencing? Zara Niederman: No. It would be one lot up. There is a steep driveway on the property and I would need to remove a lot of the soil to help with backing out. Council Member La Tour: Your primary reason for going to the new classification is economic. You don't think you can make it pay by having a single house? Zara Niederman: Yes, that's true. Council Member Smith: I wasn't convinced that this fits in the neighborhood when you look at the broader area, but as I look at it more, the top of the hill has a more densely gridded RSF-4 style neighborhood. When you come down the edge of that there is less than four to an acre, right on the edge of College Avenue commercial area. You have looked at the zoning map in this area, can you give me a vision for this part of the neighborhood? Zara Niederman: I understand Mr. Cook's point about rezoning a specific lot, but it happens a lot of times. It is within a half mile of the College corridor. If we want to have a transportation network where we can have a bus rapid transit along South College, then we need to have people who can walk to the busses. We need development on these major intersections. It is in the Hillside Overlay and that makes the density more challenging. As we look at appropriate locations for higher density along the College Avenue corridor, it makes a lot of sense. Council Member Kinion: What I know from financing homes in this area, there's a lot of older homes with a lot of foundational problems. I know there is engineering that can handle it now. I would like to take a City Council tour of the area. Council Member Petty: There is no reason to rush this. I support taking a City Council tour. I wish we had the budget to do neighborhood master plans every year, but we don't. It almost falls to the private sector to request a rezoning of their land as opportunities are presented. In any given year, somewhere between one and ten of the homes in Fayetteville goes up for sale. Each time that happens we are going to see some of those requested to be rezones. I don't think it's inconsistent because NC is very similar to RSF-4. We don't have a very diverse housing mix. NC allows for a density that is transit ready. Most of us grew up in RSF-4 neighborhoods, but back in the 1970's, the city was governed by people who did not have the best interest of the entire city. The storm water issues aren't significantly different from NC to RSF-4. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 13 of 16 Don Marr stated what we call things and where they are built out are not always the same. He spoke about when he was on the City Council and represented the Washington Willow area that was an RSF-4 zoning. He stated the neighborhood is built out between RSF-6 and RSF-8 and is one of the most expensive areas in the city and is at a density that is higher than a RSF-4. Council Member Kinion: We can take a generalized history of our zoning, but it's not valid. What's valid is that we have NC with 40 -foot frontage and in RSF-4 we have a 70 -foot frontage. That is a significant difference. Council Member Petty spoke about parcel density versus unit density. He stated if you look at Washington Avenue, the parcel density is there, the unit density is even higher because of nonconforming accessory dwelling units. He doesn't believe there is a fundamental incompatibility when houses get smaller or when multi -family buildings are next to a house and still look like the other houses around. Council Member Bunch: I used to own one of those nonconforming properties in the Historic District. I had a triplex on Dickson Street that was an old house and converted in 1949. It's not fair to say that every time we look at a rezoning we are always going back and reevaluating the mistakes that were made with RSF-4 in the 1960's. This isn't the right lot to rezone because of the topography. Council Member Marsh: I grew up on the other end of Walnut Street and it was a 40 -foot lot. We shared a driveway with our neighbor. It was a great place to live and walk around. NC is a big step in the right direction. A discussion followed about leaving the ordinance on the first reading and taking a City Council tour. This item was left on the First Reading VAC 18-6174 (237 S. Locust Ave./Gray): An ordinance to approve VAC 18-6174 for property located at 237 South Locust Avenue to vacate a portion of a utility easement and a street right-of- way. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Council Member Kinion requested to look at the map. Garner Stoll: The applicant desires to build a carport at this location. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 14 of 16 Council Member Kinion: In this area, I believe there is a water management problem. We have done the curb and guttering down South Street. There are problems over there, especially if we are going to put more concrete. Garner Stoll: The driveway is already existing. There is a new concrete sidewalk at this location. The setback issues are for the carport, which would be on the existing driveway. Council Member Kinion: We have wash outs on South Street between Locust and School. There is a big ravine half way in the middle of the block. When we put in the curb and gutter it helped, but there's still issues with the way the water runs down into that ravine. Council Member Gray: If we didn't add any more concrete, we wouldn't be adding to the problem. Council Member Kinion: They are putting a rooftop on there. We are going to get more velocity. I need to know more because this is a problem area. A discussion followed about taking a City Council tour of the area. This item was left on the First Reading. Tyler Technologies, Inc.: A resolution to authorize the Mayor to sign a license and services agreement with Tyler Technologies, Inc. for the purchase of EnerGov Development Services Software in the amount of $619,048.00 and five years of software maintenance services in the amount of $260,575.00, pursuant to a National Joint Powers Alliance cooperative purchasing agreement; to approve a project contingency in the amount of $92,857.20; to approve two associated budget adjustments; and to authorize the addition of 3.0 temporary full time equivalent positions, to be divided among the Information Technology Department and the City Planning and Engineering Divisions, for the implementation of EnerGov. Brad Fulmer, Assistant IT Director gave a brief description of the resolution. He stated the software will not only bring technology up to the current level where it needs to be, but will also improve the overall operations of Development Services and deliver top notch services to the citizens of Fayetteville. Staff is recommending approval. Don Marr, Chief of Staff. Special thanks to Council Members Petty and Marsh for leading the effort by putting the software in the CIP for 2018. It was originally scheduled for 2019, but because of our review of all the competing communities and surrounding states, technology is one of the greatest deficiencies we have within in our Development Services arena. The ability to get software that allows us to be more efficient, transparent, and tracking are all benefits that will come from this implementation. Our current lean government process is allowing us to look at our key development processes. We don't want to pick a system and design it for inefficient processes. We need strong talent that deals with these processes and protocols. We already have staff working significant hours over a work weeks hour to handle regular development. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 15 of 16 Council Member Petty stated he is excited for this. He spoke about taking a building permit through the system and giving feedback to staff about the process. He stated getting a permit requires working with staff even for banal applications and the software will handle a lot of it. He supports the resolution. Council Member La Tour: Computers make us more productive and we cannot do it by ourselves. I'm excited about this. Development is the life blood of our sales tax stream. We need to keep making things more efficient. It will attract more people to build and invest in our city. Council Member La Tour moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. Resolution 137-18 as recorded in the office of the City Clerk Nelson Byrd Woltz Landscape Architects, LLC: A resolution to approve a contract with Nelson Byrd Woltz, LLC for professional landscape architectural and engineering services associated with the design of the Cultural Arts Corridor in an amount up to $618,431.00 for Phase 1 and an estimated amount of up to $881,569.00 for Phase 2. Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the resolution. Breck Gastinger, Nelson Byrd Woltz Landscape Architects spoke about his firm and introduced the project team. He stated they have a long history of experience of looking at communities and ways ecology and natural systems can help tie a community together and give it identity. He stated the City of Fayetteville has hit close to home for their firm because it's like the city he is from in Virginia. He stated it has the same dynamics. He stated this is an opportunity to create an identity that encourages participation from a broad range of Fayetteville residents. Don Marr, Chief of Staff stated his excitement and appreciation. He stated he looks forward to the vision of a major entertainment and economic corridor in Fayetteville and Northwest Arkansas region. He spoke about this being zero cost to the citizens. He spoke highly of Nelson Byrd Woltz Landscape Architects work. He stated the firm has demonstrated the ability to work under pressure. He stated that this is a generational change for the City of Fayetteville. Council Member Marsh stated she was impressed with the proposal and the contract language was excellent. Council Member Petty spoke about this being worked on for ten years. He stated this could be a new space that's occupied just by virtue of being designed and constructed correctly. He stated this is the start of something transformational. Council Member La Tour stated when the public comes to your facility there should be a good first impression. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 19, 2018 Page 16 of 16 Molly Rawn, Executive Director of the Fayetteville Advertising & Promotion Commission spoke about her trip to St. Louis with city staff to view a Nelson Byrd Woltz Landscape project. She was impressed by the age range of the children interacting in the space. She witnessed individuals sitting by themselves enjoying a quiet place to have lunch. She stated her appreciation and excitement for the project. She is thrilled about what the project means for the city in regard to tourism and quality of life perspective. Mayor Jordan stated the arts is the third leading economic driver in the nation and has always been a part of the fabric of the city. He stated this project is phenomenal and is a historic moment. Council Member Gray moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 13848 as recorded in the office of the City Clerk Announcements: Don Marr, Chief of Staff: The city is inviting the public to provide input regarding our 2018 Annual Action Plan for Community Development Block Grant funding. The deadline is June 22, 2018 at 5 p.m. The information is on the city website. On June 28, 2018 is the Gulley Park Concert Series. The band, Empty Pockets will perform. City Council Agenda Session Presentations: Agenda Session Presentation: Fayetteville Chamber of Commerce Semi -Annual Update. Agenda Session Presentation: Startup Junkie Consulting Semi -Annual Update. City Council Tour: jAd'our ent:8:01 .m. ioneld J a ,Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Chair Mark Kinion Council Member Ward 2 Position 1 Sarah Marsh Council Member Ward 1 Position 2 Nominating Committee Report June 7, 2018 Members Present — Chair Mark Kinion, Sarah Marsh, and Kyle Smith Absent — Sarah Bunch Mayor Jordan recommends the following candidates for appointment: HISTORIC DISTRICT COMMISSION Alexandria Lee — One term ending 06/30/21 Teresa Turk — One term ending 06/30/21 Christine Myres — One term ending 06/30/21 The Nominating Committee recommends the following candidates for appointment: ANIMAL SERVICES ADVISORY BOARD Vacant — One unexpired term ending 06/30/19 Laura Florick — One term expiring 06/30/21 ENVIRONMENTAL ACTION COMMITTEE Brian S. Nakamura — One term ending 06/30/21 FAYETTEVILLE ARTS COUNCIL Ashley Jones — One Arts and Cultural/Citizen at Large term ending 06/30/21 Zoe Barton — One Arts and Cultural/Citizen at Large term ending 06/30/21 Vacant — One Working Artist term ending 06/30/21 TELECOMMUNICATIONS BOARD Vacant — One term ending 06/30/22 WALTON ARTS CENTER COUNCIL, INC. Jody Dilday — One term ending 06/30/21 Cal Rose — One term ending 06/30/21 Sarah Bunch Council Member Ward 3 Position 2 Kyle Smith Council Member Ward 4 Position 2 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov