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HomeMy WebLinkAbout2019-10-01 - Minutes -Council Member Sonia Gutierrez Ward 1 Position I Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position i 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 October 1, 2019 City Council Meeting Minutes October 1, 2019 Page 1 of 29 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on October 1, 2019 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 Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None Cit -_y Council Mectinll Presentations, Reports, and Discussion Items: Montlity financial Re ort - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Ort -Ozark Regional Transit - Periodic Report Jeff Hatley, Ozark Regional Transit Public Information Officer gave a brief presentation of ORT's Periodic Report. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 2 of 29 Agenda Additions: None Consent: Approval of the September 3, 2019 City Council Meeting Minutes. Approved RFQ #19-01 Olsson, Inc.: A resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $37,408.00 for design, engineering, surveying, and construction administration services for the expansion of and improvements to the Township Street parking lot at Gulley Park, to approve a project contingency in the amount of $1,592.00, and to approve a budget adjustment. Resolution 219-19 as recorded in the office of the City Clerk RFQ #19-01 McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #19-01, in the amount of $65,950.00 for conceptual drainage design services associated with flooding near east Fairlane Street, South Elmhurst Avenue, and East McClinton Street, and to approve a budget adjustment. Resolution 220-19 as recorded in the office of the City Clerk Petersen Industries: A resolution to approve the purchase of a Petersen TL3 Lightning Loader truck from Petersen Industries in the amount of $181,558.46 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use by the Recycling and Trash Collection Division, and to approve a budget adjustment. Resolution 221-19 as recorded in the office of the City Clerk Mohawk Resources Ltd: A resolution to approve the purchase and installation of a vehicle lift and lighting system for the Fleet Shop from Mohawk Resources Ltd in the amount of $124,831.23 plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a project contingency in the amount of $12,483.00. Resolution 222-19 as recorded in the office of the City Clerk FTN Associates, Ltd: A resolution to approve a professional engineering services agreement with FTN Associates, Ltd., pursuant to RFQ #19-01, in the amount of $63,466.00 for the completion of Phase One of an assessment of the Lake Fayetteville spillway capacity and recommended improvements as required by the Arkansas Natural Resources Commission. Resolution 223-19 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 October 1, 2019 Page 3 of 29 Olsson, Inc.: A resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $114,220.00 for planning and design services associated with the Lake Sequoyah Dredging Operations and Water Quality Improvements project. Resolution 224-19 as recorded in the office of the City Clerk Verizon Wireless Fourth Amendment: A resolution to approve the Fourth Amendment to the Water Tower Attachment Communications Site Agreement with Cellco Partnership d/b/a Verizon Wireless to extend the lease for two additional five-year terms and increase the rental amount for cellular communications equipment on the Gulley Park water tank. Resolution 225-19 as recorded in the office of the City Clerk CH2M Hill Engineers, Inc: A resolution to approve an out -of -scope agreement with CH2M Hill Engineers, Inc. in an amount not to exceed $38,860.00 for software upgrades to the SCADA system used by Wastewater Treatment Facility Operations, Lift Station Operations, and Water Distribution System Operations, and to approve a budget adjustment. Resolution 226-19 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone Ila Street: An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to expand residential -only parking in the North Zone of the Entertainment District Parking Zone. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading and tabled to the October 1, 2019 City Council meeting. Council Member Kinion 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. Council Member Kinion stated there are two very large sorority event centers South of Wilson Park and North of Maple Street. He spoke about how it brings in a great deal of people looking for parking to attend events that are occurring at the two centers and that they are also using the spaces as parking storage for days at a time. He spoke about the hazards of parking occurring on both sides of Ila Street. He stated at the request and a petition presented to him by neighbors that live in this area, he brought this item forward. Justin Clay, Parking Manager gave a brief description of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 4 of 29 Council Member Turk: In the shared neighborhood parking district, wouldn't you have to be able to install some kiosks so people could pay? Justin Clay: Our recommendation would be to make it a mobile payment only area. You would download the pay by phone app that we have in the Entertainment District. It wouldn't require any infrastructure to be installed in the neighborhood. The only installation that would need to take place would be signage educating people about regulations. Council Member Turk: In the residential parking only signage, it shows a $1,400 deficit, but there was no exploration about charging some of the residents for a residential parking permit. It might help to not cost the city any money. I would like to see more options explored. Justin Clay: To achieve some cost recovery, you would like to charge for the residential permit? Council Member Turk: Exactly. It could be very minimal. It seems like a lot of your justification for the staff recommending the neighborhood parking benefit district is because of the cost. I walked down Ila Street and it was tight. I can't imagine getting a fire truck down there if there's an on -coming car. Is there going to be any discussion about consideration from the Fire Department? Brad Hardin, Fire Chief: I don't have the exact measurements of the street. When we visited the street, I believe it's wide enough to have parking on one side. Garner, do you know the measurements of it? Garner Stoll, Director of Development Services: Our minimum requirement is 28 feet with parking on one side. It's assuming eight feet for the parking and 20 feet free zone for fire access. That is for new development. Many streets in Fayetteville do not achieve that goal. It is widely accepted around the country that adequate fire access can be provided with much narrower aisles than that. Council Member Turk: The issue is that right now there is parking on both sides of the street. To limit that to one side should be analyzed. It would reduce the number of parking spaces, but I want the Fire Department to have access for an emergency. Brad Hardin, Fire Chief: That is a valid concern. We can look into it. Melinda Jones, 408 Ila Street spoke about some houses on Ila Street not having driveways and the residents have to park in the street. She stated the expansion of the sorority houses did not have a plan in place to accommodate their parking needs. She spoke about property values and taxes. Rebecca LaTourette, Visitor to Ila Street. She stated the home she visits is close to a sorority house and the parking problem is the worst. She spoke about her concerns of shared parking. Frank Head, 402 Ila Street spoke about the history of his neighborhood. He stated the impact of the parking problem is because of the expansion of the University of Arkansas. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 5 of 29 Eileen Thoma, 414 Ila Street spoke about promises that were made to her and then broken by sorority house representatives. Rolf Wilkin, 318 Ila Street stated paid parking would solve the problem. He spoke about the parking spaces available for sorority houses. Phyllis Head, 402 West Ila spoke about her parking issue concerns. She stated she didn't mind if there was parking on both sides of the street and one side could be paid parking. She stated she deserved to have residential parking. Cindy Parette, 320 Ila Street requested for Council to take unannounced tours to access the parking situation. She spoke about her concerns on how parking permits would be distributed. Barry Vassar, 463 West Ila spoke about his parking and traffic concerns. He stated he's upset that Council has not stood up to the U of A about their expansion. Michelle Fyfe, 420 Ila Street stated if the city gives the sororities a large number of passes, the passes will be used for parking to walk to class and to go to Dickson Street. She stated her trash hasn't been picked up numerous times because of cars blocking the trash. She spoke about handicap parking spaces. Thomas Debari, 506 Vandeventer spoke about his concerns of not being able to provide accessible parking for his elderly in-laws when they visit. He stated he would like for people to be able to park within a block of their home. Greg Thoma, 414 Ila Street volunteered his services to help with a solution. He stated it will require hard work and discussion, so they don't end up with a solution that has unintended consequences. Council Member Bunch requested clarification about the parcel size of the sororities and parking permit issuance. Justin Clay: In the shared district concept, we looked at ways to determine how many permits get distributed to residents and try to devise a formula for doing that. We thought tying it to the square footage parcel size might be a good way to look at that. These are just concepts to explore this further. There was a brief discussion about the formula proposal option. Justin Clay: This is a proposal, we aren't asking you to consider taking action on. We are asking for an idea and a direction to continue this further so that we can sit down with residents and hash out the details of what this plan needs to look like based on some broad framework. Council Member Scroggin: Do the sororities currently get any residential parking? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 6 of 29 Justin Clay: They currently do not. They are not included in any boundary that is eligible for residential parking. Council Member Scroggin: I'm for the shared parking. We've got to figure out a way to get the utilization rate down a little bit because right now, it's free. If you add any cost, it's going to go down. By doing the shared parking, we will get utilization down. I'm concerned about taking away the parking in total. People are mad at us because we have let the sororities do stuff, but we don't have jurisdiction over what the state does. I am concerned if we block off some of the parking they are using, they may use eminent domain to put in a giant parking lot. I don't want that around Wilson Park. If we go to shared parking and the sororities are using it too much, I have no problem with raising the amount that it cost to park. The idea is that you price it so every block has a place to park. Council Member Smith stated the parcel size metric is an interesting way to start, but doesn't know of any empty parcels in the area. He spoke about it being better to look at the size of the structure. He stated he likes the formula structure, but the variables need tweaked a little bit. Council Member Marsh: The ownership of the sorority houses, is that university property or private land? Garner Stoll: I believe it is private. Council Member Marsh: I support the shared residential parking plan. I feel strongly that neighbors who live in the district should be able to park there for free and that we leverage our cost structure to keep the parking levels in the 70% to 80% range. We should work with the neighbors to locate ADA accessible parking and loading zones. I would not want to limit it to residents only. Requiring visitors to absorb the cost of implementing this program is a wise use of public resources. I encourage us to treat the sorority houses differently in terms of how much space we are allocating for them. They should have some parking spaces, but not a disproportionate amount. Council Member Gutierrez: On the expanded area, would the resident parking tag allow them to park anywhere for free, as long as they want? Is that correct? Justin Clay: Correct. At any time. Council Member Gutierrez: The people who come there to park, they would have a limit for how long they could park, correct? Justin Clay: That is a detail to be determined. Council Member Gutierrez: They could also give the visitor tags out and would those have a limit? Justin Clay: No. They would be under the same regulations as the residential permit. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 7 of 29 Council Member Gutierrez: If we change the name from Entertainment District to another name, we would have to come up with another ordinance requirement? Justin Clay: The only residential parking program we have is associated with the Entertainment District. I think we are talking about a whole new parking district. Council Member Gutierrez: Could we potentially rename it? Justin Clay: Yes. Council Member Kinion: Only if you live in this neighborhood do you know how intrusive the situation is. On a City Council tour, we saw that almost every car along the street had sorority letters on the windshield of their car. I don't blame the girls. The problem is that we have two event centers built in our neighborhood without conferring with the neighbors. These are not university properties. They are privately owned properties and they did not disclose that they were entertainment centers. It's been suggested that we should be sharing the neighborhood parking with the sororities. If that's the case, then the sororities should be sharing some of their parking with the neighbors. The sororities had every opportunity to handle this in advance. They met with me and they were not open about how the expansion of the sorority house would work. I think there could be a mixed parking resolution that we must look at the protection of the neighborhood as a single-family neighborhood primarily. This situation is not getting better, it's going to be compounded. Raising the price for parking is not the answer. The sorority ladies can afford a lot more parking than many of the neighbors on Ila Street. I think it should be classified as the South Wilson Park Parking District. We have the responsibility to protect the heritage of neighborhoods. The neighbors should have the opportunity to have some type of protected residential parking as we move forward. Council Member Turk: It would be helpful if you surveyed to see the number of residents that did not have driveways and the number of parking spots per street. It would help to have consultation with the Fire Department before you start any new analyses, so you could be sure that you could park on both sides of the street. I am sympathetic to the neighbors. It is one of the oldest neighborhoods in our city. It was encroached upon by the large sorority houses. I am in favor of having residential only parking. I don't believe the sororities should be allowed to use any of the parking in that neighborhood. There should have not been an expectation that they could spill over into neighborhoods. They should have been able to handle all the traffic and their own parking. These long-term residents have paid taxes and we need to ensure that we do not allow degradation of the quality of life. Council Member Bunch stated she is siding with the neighborhood. She stated the city needs to protect their parking and integrity of the neighborhood. She spoke about ADA parking. She spoke about Wilson Park being a city park and belonging to everyone in Fayetteville and if citizens can't go to the park because of cars being stored there, then that's a real problem. She spoke about when she was on the Planning Commission when the sorority house was being proposed and the discussion about the number of people who would be living in the house. She spoke about using signage. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 8 of 29 Council Member Kinion stated there was a fraternity house who wanted to build on the corner of Wilson and Maple and the U of A didn't endorse it. He stated the neighborhood worked very hard and it never came to fruition because it wasn't university property. He spoke about the history of working with the U of A Board of Trustees. Council Member Petty: Is it correct that the cost of the current program without any changes is $21,000 annually? Justin Clay: The $21,000 is for the entire Entertainment District residential parking area, not for just Ila Street. Council Member Petty: Expanding it to the entire box with a larger border is another $15,000? Justin Clay: Right, if we added 164 more resident only spaces. Council Member Petty: How many homes were in that boundary? Justin Clay: Around 80. Council Member Petty: That is not an insignificant cost of a residential permit if we tried to design a program where residential permits paid for the full cost. I'm interested in seeing a program that can support itself and paid for primarily through paid parking. We can't provide justice for what has already happened or undo what the university has decided. The university could use eminent domain to construct a parking lot. I'm really worried about that possibility. I'm interested in granting relief in a way that can still be given in a program that supports itself and is sustainable. I remember when we voted to institute the parking program for Ila Street as it exist today. I didn't want to see the street parking removed because I thought it would lead to higher traffic speeds. I think that will be even more true if all four blocks were converted into a one-sided parking. In most of historic Fayetteville, we have multiple ways of getting to an emergency. There are plenty of examples where narrow streets are serviceable in emergencies. This is a good opportunity for us to grant some relief to the residents and learn about a program and how we might use it again and change it in specific ways to apply to different situations. City Attorney Kit Williams stated this is a complex ordinance that should go to the Ordinance Review Committee. He spoke about tabling the item. Mayor Jordan: Mark, you are sponsoring this. How much time do you want to take? Council Member Kinion: I would rather handle it tonight with an amendment. I understand the concern of getting a fair and equitable ordinance with a compromise. When looking at the Ordinance Review Committee, I don't know how sympathetic they are going to be with the situation and that concerns me. There must be an opportunity where the neighborhood talks directly with administration so they are involved in the solution. Mayor Jordan stated he will set up a meeting. He spoke about a neighborhood interest meeting that meets each month and invited the public to attend. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 9 of 29 Council Member Kinion moved to refer the item to the Ordinance Review Committee and table the ordinance to the November 5, 2019 City Council meeting. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. New Business: Doggett Freightliner: An ordinance to waive formal competitive bidding and accept a quote of $51,413.22 from Doggett Freightliner of Springdale for the repair of a 2018 Freightliner Dump Truck damaged in an accident on August 12, 2019, and to authorize payment for any necessary supplemental work identified during the repair. City Attorney Kit Williams read the ordinance. Sara Glenn, Fleet Operations Superintendent gave a brief description of the ordinance. 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 7-0. Council Member Marsh, Kinion, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Member Marsh, Kinion, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6238 as Recorded in the office of the City Clerk Crystal Springs Subdivision Phase IV Appeal: A resolution to grant the appeal of Council Member Kyle Smith and deny preliminary plat PPL 19-6719 for Crystal Springs Subdivision Phase IV. Council Member Smith gave a brief description of the appeal. He spoke about traffic issue concerns. He requested for Council to amend the ordinance by adding that they require the establishment of street access, East to Deane Solomon Road and West to Salem Road at some point North of Quail Drive, whether by constructing new streets or connecting to existing streets prior to the construction of any house within the subdivision. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 1, 2019 Page 10 of 29 Garner Stoll, Director of Development Services: Andrew Garner, Planning Director carried this item through the Planning Commission. He will be speaking for staff and the Planning Commission. Chris Brown, City Engineer will answer any traffic questions you may have. Jesse Fulcher from Rausch Coleman is speaking for the applicant. Andrew Garner, Planning Director gave a brief description of the resolution. He stated this is an appeal of the Planning Commissions decision to approve the project. He stated the Unified Development Code has criteria that has to be met to meet code requirements. He spoke about grounds for denial of a preliminary plat. He spoke about the definition of traffic in the UDC. He spoke about traffic data. He stated staff and the Planning Commission feels like the project meets all the codes the city has for a subdivision. He stated they feel like not only would this not create a dangerous traffic condition, it would mitigate the existing condition for some of the residents because it gives them another option to get out to the traffic signal if they wanted to turn left. He stated staff and the Planning Commission recommend upholding their decision. Jesse Fulcher, Rausch Coleman requested to see the language of the proposed amendment. Council Member Smith read his proposed amendment. Jesse Fulcher: In lieu of building a bridge, we would need to build another street to the west to Salem? Council Member Smith: Yes. To secure the east -west access that the bridge would provide through the existing streets to the north. Jesse Fulcher spoke about the historical background of the project. He spoke about the Planning Commission approving the project. He spoke about Mt. Comfort being improved to a four -lane roadway, Shiloh Drive being reconfigured to have frontage to Deane Solomon and Mt. Comfort, new signal lights, and the realignment of Rupple Road. He stated the original project had 273 lots and it is now 165 lots. He spoke about traffic congestion all over the city. He stated it isn't a dangerous condition, but instead it is an annoying condition. He stated city staff supports this project. He stated a professional traffic engineering firm studied the project and provided a letter saying the connection proposed was a safer route, which is an improvement in safety. He spoke about emergency vehicle access. He spoke about bridge construction cost. He stated the form of the appeal is about dangerous traffic conditions, which never came up in previous meetings. He stated it is about connections in the neighborhood that people do not want. He stated he doesn't have a choice because by code the connections have to be made. He requested for Council to not overturn the Planning Commission's approval of the project and not put a condition on the project the applicant can't achieve. City Attorney Kit Williams: The only difference between what was approved by the Planning Commission and recommended by staff and what is being suggested here, is that you would be required to build a road to Salem Road. Do you own this property that connects to Salem Road or would you have to build a bridge? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 11 of 29 Jesse Fulcher: To build a road to the west would require us getting right of way from the Kimbrough Family who have several homes built on this property. They have stated meeting after meeting that no one will ever build a road across their property. We do not own the property. City Attorney Kit Williams: You don't have condemnation rights? Jesse Fulcher: I do not. City Attorney Kit Williams: Would your other option be to build a bridge to get above their property to get to Salem Road? Jesse Fulcher: If we can't go across the Kimbrough's property, then we are going through Clabber Creek with a $2.5 million -dollar bridge. Kathleen Stocker, 2848 Quail Drive stated she is representing the Bird Haven residents. She spoke about traffic studies and traffic concerns. Burke Russell, 2395 Gooseberry Lane requested for the mailbox pod on Emil Drive to be moved to the middle or end of Jeremiah Place, so the letter carrier and pedestrians are out of the flow of traffic. Joseph Bradley, 2373 Woodlark Lane spoke about stormwater, traffic, and utility placement concerns. Cliff Beacham, 2841 Meadowlark Drive spoke about traffic concerns and congestion. Joyce Thompson, 2398 Gooseberry Lane spoke about traffic concerns and congestion. Council Member Scroggin stated there are traffic problems on the west side of 49, Mt. Comfort, Wedington, and Martin Luther King. He stated the traffic problems out there is because of a mass of houses, which a lot of them are outside of the city where Council has no jurisdiction. He stated the traffic problems are not going to get fixed until there are more jobs on the west side of 49. He stated he would rather have a development that is closer than farther out in the county where more and wider roads have to be built. He stated he doesn't think Council should deny what the applicant is requesting. Council Member Marsh stated this isn't a traffic problem. She stated it's a transportation problem and a land use zoning problem. She stated she would prefer to not see the parcel developed, but it isn't a realistic option. She requested to know if it was explored as to what it would cost to put a sidewalk on Woodlark and Raven Lane. She requested to know if it's a condition that could be imposed on the developer, in lieu of the additional east -west connections. City Attorney Kit Williams: The developers are required and have already agreed to build the connection of Emil to the east. The whole issue is this new western requirement. I don't think it's close enough from a constitutional point of view to be able to require sidewalks built in another 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 12 of 29 subdivision. They have to build sidewalks in their own subdivision, so I don't think we could make that as a condition to this preliminary plat. Council Member Marsh: With the connection on Emil, we are dumping them out onto Deane Solomon, which is an unimproved Road with its own mobility challenges. Can we provide a safe way for pedestrians to navigate what will become the primary entrances and exits to this neighborhood and connect to them with future transit locations? Is there a lower cost connectivity alternative than these east -west routes that are proposed? It is too big of a burden to put on this development, but we have a responsibility to public safety. We are increasing the traffic volume on these neighborhood streets that don't have pedestrian facilities. City Attorney Kit Williams: Those are very good points, but the question is who should pay for them. In my opinion, it is the city who should pay for that. If we have an existing neighborhood that needs sidewalks, we have a sidewalk program that decides where sidewalks are most needed. That is a burden that should be placed on all taxpayers and not just the developer who is developing north of them. Council Member Marsh: Even though they are creating the additional traffic hazard? City Attorney Kit Williams: I guess that is debatable on what is going to happen. I don't know if we have had anything to indicate traffic hazards to pedestrians or accidents that have occurred. If the City Council believes the sidewalks are important for this neighborhood, then they should speak up and the city can look at it. Council Member Marsh: We have a 14 -year waiting list on sidewalks. There is a disproportionate need for them in Ward 1 and Ward 2. I am trying to think of an alternative to requiring an expensive bridge or east -west road connection that could help mitigate some of the safety concerns in the neighborhood and promote walkability. Council Member Smith: The neighbors will need sidewalks when there's a connection bringing additional traffic. Without it, this will be a sidewalk island. While they may have sidewalks within the neighborhood, they will have nowhere to go on them. What is the proportion we aim for? City Attorney Kit Williams: There's not an exact calculus on that, which is what the Supreme Court has said. You look at the rough proportionality of the impact on an infrastructure need of the city. In this case, we are talking about transportation. I have never seen a development under 200 units be asked to spend $3 million to build a bridge. That is far beyond the rough proportionality that we could require constitutionally. We can't require them to go over someone else's land and they have no legal right to cross the land. Their only option to comply with what you have written in your resolution is to build a bridge and that's beyond what we can require of them. Council Member Smith: Mr. Kimbrough has been unwilling to sell. The Kimbrough's have a conditional use permit for a new barn. Do you remember the impetus for that? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 13 of 29 Andrew Garner: One of the Kimbrough's is wanting to build a new barn behind his house. He got a conditional use permit. I believe he wanted to sell that piece of land. He wanted to tear down a barn and build another one. Council Member Smith: Did they own the section of Emil that they would be building the road on? Andrew Garner: To my knowledge they do not own that. There was a brief discussion about bike lanes and turn lanes at Woodlark. City Attorney Kit Williams: If you don't own that property for Emil, how are you planning on building a road on it? Jesse Fulcher: I provided a copy of our signed agreement with the property owner to staff. We will pay for the land, which is about an acre of property. We will build a white vinyl fence on the north side of our road between the right of way and the remainder of the golf course, re -vegetate it back to existing condition and dedicate it to the city. City Attorney Kit Williams: It's contingent on your final approval and then you will buy the property? Jesse Fulcher: Exactly. Council Member Gutierrez: Are you adding a light? What's the plan for Woodlark? Chris Brown, City Engineer: Development to the south that's occurring is lining up and connecting a new street. We will have a four-way intersection. From a signal spacing standpoint, that's almost exactly between Salem and Shiloh, so it's the perfect location. It allows for cars to stop, go and access. It provides a pedestrian crossing location. The people who are on the north side can get to the south side. Council Member Gutierrez: What's the timeline? Chris Brown: It's something we need to evaluate and look at the traffic counts when it is appropriate. We have funding within the Transportation Bond Program for additional signals throughout the city. That's one of the ones that is under consideration. Council Member Marsh: The new signal at Woodlark will be for pedestrian crossing and yet we have no sidewalks planned on Woodlark. Is that correct? Chris Brown: On Woodlark, there are no existing sidewalks. Your point is well taken though. It's a location we need to include in the mix and see where it falls in priority in relation to the rest of our sidewalk program. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 14 of 29 Council Member Marsh: We do intend to build sidewalks at Woodlark if we are going to put a signalized crossing that will accommodate pedestrians? Chris Brown: I think that makes sense. Council Member Turk: When a dangerous traffic condition occurs, that includes bicyclist and pedestrians or is that only cars? Andrew Garner: The ordinance talks about vehicle crashes, but if a vehicle crashes into a person, Council could consider that as a dangerous situation. Council Member Turk: What about successive projects in the area? We could come back here in five years and there are another 168 homes, same proportionality issue, but we've increased the traffic substantially. Where is that line ever drawn? City Attorney Kit Williams: When the city is interested in building a bridge, we have sometimes collected required payments from developers in their rough proportionality of their use of the bridge. You have to look at the whole area. We can only hold that money for a period and if we haven't built the project, we have to give it back. It has happened many times, especially on bridges because they are so expensive. Andrew Garner: We discussed the potential for requiring an assessment towards that bridge. However, that would have to be spent within five years. The city has no plans on building the bridge within five years. The amount of contribution would be so miniscule and would hardly make a dent in the multimillion dollar bridge. That is why we did not recommend it. Mayor Jordan: Does this meet all the requirements of the zoning? Garner Stoll stated yes. He stated the variance the Planning Commission granted was necessary. He spoke about 21St century standards of connectivity, facilities for pedestrians, and bicyclist. He stated this was built in the 70's and questioned how much Council can ask the present developer of the subdivision make up for the lack of present standards that existed in 1970. He stated the city is doing an excellent job in budgeting substantial money for sidewalks, trails, and pedestrian crossings. Mayor Jordan: Are you saying it meets requirements under the present zoning? Garner Stoll: Yes, and our subdivision regulations. Mayor Jordan: Chris, do you see that the traffic count is creating a hazard? Have you looked at that? Chris Brown: I wouldn't say it's creating a hazard. The more traffic you have, the more opportunity you have for cars to run into each other. Some of the congestion that's occurring is a system wide issue. Traffic is diverting from MLK and Wedington up to the north to use the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 1, 2019 Page 15 of 29 interchange because it's less congested than some of the other ones. We have funding in the Bond Program for improvements at that interchange to help alleviate some of the congestion. Mayor Jordan: Chief Reynolds, did you look at accidents? Mike Reynolds, Chief of Police stated he looked at 2014 to year to date. He stated it shows there were 106 accidents in the area. He stated they used the east boundary of Shiloh Drive, south boundary of Mt. Comfort, west boundary of Salem, and north boundary of Highway 112. He spoke briefly about each area with accidents. He stated from 2014 to present, the number of collisions city wide is 17,572. He stated that means six tenths of the collisions occurred in the geographical area outlined. He spoke about the last 21 months of collisions from 2018 to 2019 and of the 106 accidents, 45 occurred during that time frame. He stated with the increase in congestion, they are seeing an increase in accidents that occurred in the area. Council Member Turk: Did you see any bike or pedestrian accidents in that area when researching? Mike Reynolds: I did not anticipate that question and I can look into that. I know from experience, we aren't seeing a whole lot of pedestrian activity in that area. I am not familiar with any serious accidents we have had with bicycles. It is not conducive for walkability. Mayor Jordan: The capacity for the roads is this going to be an issue with capacity on the road? Will it add around 1,600 trips a day? Chris Brown: I don't anticipate any capacity issues. There's a large volume of traffic on Mt. Comfort Road and adding additional trips will increase the traffic. The back entrance to Emil helps spread the traffic around. As development occurs, we want to create additional connections and options for people. Mayor Jordan: If it is zoned correctly and they have met the requirements, where do we stand? City Attorney Kit Williams: The only thing you can look at is does this create or compound a dangerous traffic situation leading to more dangerous accidents. That's the only issue that you are looking at. It has to be proven by facts. It's not congestion, it is danger. They have fulfilled everything else with no question. Council Member Marsh: I have concerns with the development. I wish we had the capacity to require some meaningful connectivity enhancements, especially pedestrian. I do not believe this meets the burden of proof we would need to honor the appeal. I hope we can work together to get the sidewalks improved, cycling facilities, and expand transit service. In the future, we need to be more cautious about rezoning things to RSF-4 on the edge of the city. We need more mixed-use development that better accommodates inclusive mobility. Council Member Smith spoke about connectivity. He stated options might be limited by the land they chose. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 16 of 29 Council Member Smith moved to amend by adding that they require the establishment of street access, East to Deane Solomon Road and West to Salem Road at some point North of Quail Drive, whether by constructing new streets or connecting to existing streets prior to the construction of any house within the subdivision. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. Council Member Smith moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution failed 3-5. Council Members Kinion, Turk, and Smith voting yes. Council Members Marsh, Petty, Scroggin, Bunch, and Gutierrez voting no. City Attorney Kit Williams: The resolution and appeal failed. The original decision by the Planning Commission has been affirmed. Mayor Jordan spoke about the city needing to make improvements on Deane Solomon Road because of development occurring in the area. This Resolution failed John M. Otten Cost Share Agreement: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with John M. Otten, for the installation of a sanitary sewer line along a portion of West Maine Street, with the amount not to exceed $15,544.50 to be paid by the City of Fayetteville, to approve a project contingency in the amount of $1,555.00. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated the Water, Sewer & Solid Waste Committee voted unanimously in favor to forward the item to Council for approval. Council Member Petty: It seems at every meeting we have an ordinance like this that is straight forward because competitive bidding is the only way we have to consider this. It has become routine. I would like to see a system for approval of these so we don't have to go through all these parliamentary theatrics every single time. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Marsh, Kinion, Petty, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Gutierrez was absent during the vote. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: The City Council has the power for contracts under $20,000 to set the rules, including not having us bring it forward as a bid waiver. Instead it could be a resolution 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 17 of 29 because you need to approve all contracts. That could be done under the Consent section. However, anything over $20,000 state law says it must be waived by ordinance. Council Member Petty, if you want me to draft something for under $20,000 I will work on that. Council Member Petty: I would like to discuss that over email. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Members Bunch and Gutierrez were absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Members Bunch and Gutierrez were absent during the vote. Ordinance 6239 as Recorded in the office of the City Clerk Proposed Arkansas Nutrient Water Quality Trading Regulation No. 37: A resolution to express the opposition of the Fayetteville City Council to the currently proposed Arkansas Nutrient Water Quality Trading Regulation No. 37. Council Member Turk gave a brief description of the resolution. City Attorney Kit Williams read the resolution. Council Member Petty: Is it correct that if this is voted in, it is essentially a veto of the agreement they think is on the table now? Council Member Turk: I believe they have to have a unanimous vote. Yes, at this point it is how it would likely affect things. Council Member Petty: That is good news. City Attorney Kit Williams: There could be some other interpretations by the attorney representing NANTRAG. There might be some legal arguments about what we are doing. That is why we are bringing it to the City Council so it's clear what your position is. Mayor Jordan spoke about the discussion on this topic previously. George Hill, U of A student spoke in favor of the resolution. Carol Christoffel, 1510 Overcrest spoke in favor of the resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 18 of 29 Taylor Bridges, spoke in favor of the resolution. Kim Razer, spoke in favor of the resolution. Council Member Marsh thanked Council Member Turk for her action on the topic. She spoke about protecting water quality. Council Member Gutierrez thanked Council Member Turk for her work on the resolution. Mayor Jordan: Thank you Council Member Turk for your work on this. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 227-19 as recorded in the office of the City Clerk RZN 19-6792 (3030 W. Old Farmington Rd./Davenport): An ordinance to rezone that property described in rezoning petition RZN 19-6792 for approximately 0.36 acres located at 3030 West Old Farmington Road from RSF-8, Residential Single Family, 8 units per acre to RSF-18, Residential Single Family, 18 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Tom Davenport, Applicant stated he was available for questions. Mayor Jordan: How many can you get in an area? Garner Stoll: Two more, on his property. It would be three in a row. Council Member Gutierrez 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 Gutierrez 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: How big are your homes? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 19 of 29 Tom Davenport: Around 900 square feet. Five on the bottom and four on top. They are three bedrooms and two full baths. Council Member Marsh: I am excited to see smaller housing options, especially in Ward 1. I have not received any negative comments from constituents. Council Member Kinion: I am pleased. This is a model of something we need to promote, as far as affordable housing in the city. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6240 as Recorded in the office of the City Clerk RZN 19-6796 (705 S. Church Ave Peak Development LLC): An ordinance to rezone that property described in rezoning petition RZN 19-6796 for approximately 0. 17 acres located at 705 South Church Avenue from NC, Neighborhood Conservation to DG, Downtown General. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Kevin Neal, Applicant stated he was available for questions. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez 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 6241 as Recorded in the office of the City Clerk RZN 19-6800 (316 S. Block Ave./Ludwig): An ordinance to rezone that property described in rezoning petition RZN 19-6800 for approximately 0. 18 acres located at 316 South Block Avenue from NC, Neighborhood Conservation to RSF-18, Residential Single Family, 18 units per acre. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 20 of 29 City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Mr. Ludwig, Applicant's Representative stated he was available for questions. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez 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 6242 as Recorded in the office of the City Clerk RZN 19-6802 (SE of 11th St. & Washington Ave./3VOLVE Housing, LLC.): An ordinance to rezone that property described in rezoning petition RZN 19-6802 for approximately 0.55 acres located southeast of 11th Street and Washington Avenue from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban. Council Member Marsh: I am employed by the developer. I will be recusing myself from the vote. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Zara Niederman, Applicant gave a brief description of his project. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh recused. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 21 of 29 Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded, the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh recused. City Attorney Kit Williams read the ordinance. Council Member Kinion stated he would support the rezoning, but spoke about concerns of spot zoning on the south part of town. He stated he would rather see a comprehensive plan, than single zoning changes. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Marsh recused. Ordinance 6243 as Recorded in the office of the City Clerk Nelson Byrd Woltz Landscape Architects Change Order No. 2: A resolution to approve Change Order No. 2 to the contract with Nelson Byrd Woltz, LLC in the amount of $1,075,537.00 for Phases 3 and 4 of the Cultural Arts Corridor Project, and to approve a budget adjustment. Peter Nierengarten, Environmental Director gave a brief description of the resolution. Council Member Marsh requested to know what process the designers are going to use to make it a Fay Jones experience, as opposed to, in name only. Peter Nierengarten gave a historical aspect on the project and the name Fay Jones. He spoke about working with the design team on various elements throughout the woods, including trail connections, improvements along the adjoining streets, and stream restoration. He spoke about the art design. He welcomed Council Members for their input. Council Member Marsh spoke about her internship at the Fay Jones office and how particular Mr. Jones was in what he would put his name on. She stated there are two architects in the city that worked with him for decades. She stated she would like to see those architects involved. She stated her concerns about spending money on out of town consultants and not using local experts in this field. Council Member Smith: What are the opportunities, for the on -ramps and off -ramps from here forward to review or tweak those designs, if it isn't Fay Jones enough? Peter Nierengarten spoke about the construction document phases that will have plan review options for critique and input. He stated reaching out to the local architecture talent to see where their expertise could be tapped, is a good idea. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 22 of 29 Council Member Petty moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 228-19 as recorded in the office of the City Clerk Amend Chapter 166.08: An ordinance to amend Chapter 166.08, Street Design and Access Management Standards of the Fayetteville Unified Development Code to discourage double frontage lots and encourage primary structures to be oriented toward higher functional classification streets. City Attorney Kit Williams read the ordinance. Council Member Smith gave a brief description of the ordinance. Garner Stoll, Director of Development Services stated this item is how the city plats property. He stated it doesn't have issues with non -conforming or changing development regulations. He stated it's a requirement that many communities have with discouraging double frontage lots and encouraging the structures to address the major streets. Council Member Marsh: I am glad to see this moving forward. It was a great discussion at Ordinance Review. There was a brief discussion about the process the ordinance went through. Council Member Marsh stated they made a multimillion dollar investment in Rupple Road. She voted for it because she wanted to see that set a new standard for development in the city, primarily transit oriented, and medium to high density mixed-use development. She stated unfortunately, the development pattern the city is seeing there has not panned out. She stated the densities they are seeing are not going to support the level of infrastructure investment. She spoke about the Energy Action Plan. She spoke about building a healthy and active transportation network. She stated she is in support of the ordinance. Council Member Turk: Are there a lot of other cities that have similar measures that are proposed? Garner Stoll: Absolutely. Council Member Turk: Is this common? Garner Stoll stated it is increasingly common. He spoke about the benefits. He stated many communities want to promote more of a people oriented streetscape, rather than a hard edge with fences. Council Member Turk: Have you seen reduction in crime and better connectivity from other cities or is this just theory? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 23 of 29 Garner Stoll: I don't know any objective information that would lead me to say there's a cause and effect on this provision. The principle of eyes on the street or adding buildings to have people occupying the buildings that look at the street is valid. I've not seen any attempt at analyzing whether there was an impact with this issue. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Scroggin 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 6244 as Recorded in the office of the City Clerk Amend §172.11 and § 166.08: An ordinance to amend §172.11, Driveway and Parking Standards for Four (4) or Less Parking Spaces and § 166.08 Street Design and Access Management Standards of the Fayetteville Unified Development Code to reduce driveway widths in zoning districts requiring a build -to zone and to reduce driveway setbacks for single family homes in zoning districts requiring a build -to zone. City Attorney Kit Williams read the ordinance. Council Member Smith invited Planning Commissioner Matthew Hoffman to present the ordinance. Matthew Hoffman, Chairman of the Planning Commission gave a brief description of the ordinance. He stated the Planning Commission voted unanimously to recommend the item to City Council for approval. He reviewed different examples of developments. He stated the Planning Commission recognized the fact that a lot of developers currently own property in areas that would be affected by the changes. He stated they elected to recommend a six-month delay that would allow time to either request a rezoning or put in for building permits under the current set of rules. Council Member Bunch: Matthew, please explain the build to zone and how it affects a driveway if it goes pass the build to zone and how wide the driveway could be. Matthew Hoffman: The build to zone is a zone that begins at the edge of the city's right of way and it extends 25 feet past that. Our form based districts that require a build to zone, you have to build the building somewhere within 10 to 25 feet of the right of way. What this change would do 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 24 of 29 is say within that specific zone and nowhere else on the property, we would limit the width of the driveway to 20% of the lot width. Council Member Kinion: Why do we have to have this? What is the benefit of having this in place, other than aesthetics? Matthew Hoffman: There is no shortage of literature on the benefits of traditional town form. It is in City Plan 2030. It's in the recommendations coming forward for City Plan 2040. It is a critical part of providing a walkable environment. Crime prevention through environmental design is an aspect we think is critical. It's about executing on a long-standing goal that we have had at the city. Council Member Kinion: Is this important in every area of town? Are we doing away with a traditional suburb and going to this regardless of where it's located? There are still suburbs out there. Matthew Hoffman: You are right. One of the things we've found in all our conversations with developers and people is that there's a place for all different kinds of development in the city. That's why we did not want this to apply to any of the conventional zoning districts. We think those are working very well and should stay the same. We think there is a role for traditional downtown form to play, even in single family developments. The city should have the option to implement that on a limited basis in the areas the Council deems appropriate to zone that way. Council Member Scroggin: This is not applied to RSF-4? Garner Stoll: That's correct. Council Member Scroggin: How much of Fayetteville is RSF-4? Garner Stoll: I don't know the percentage, but I would say over half of the residential areas are RSF-4. Matthew Hoffman: If you remove the two single-family zoning designations that this does apply too, the other seven single family zoning designations which includes RSF-4, make up over 61 % of the city. That would not be affected by this. Council Member Scroggin: This does not apply to most east Fayetteville? Matthew Hoffman: R -A, RSF-5, RSF-1, RSF-2, RSF-4, RSF-7, and RSf-8 would not be affected by this change. Garner Stoll: Almost all east Fayetteville is zoned RSF-4. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 25 of 29 Council Member Scroggin: If somebody has already built a house, are we going to take away their garage? Matthew Hoffman: Absolutely not. Council Member Scroggin: The map I am looking at, have we shown that to the people here? Council Member Smith: I put that map together based on GIS data. Garner may have a copy of this by email and can show it to everybody in the room. Council Member Scroggin: I would like for us to be able to see it. People believe this applies to a far larger area than it does. Garner Stoll stated the city does allow conventional development and most of the city's residential areas are zoned conventionally. He stated he attended a meeting at the Chamber of Commerce where attendees spoke about the market being broad and deep for conventional housing and front -loaded housing with private back yards. He stated they spoke about large areas along Rupple Road that are zoned Neighborhood Conservation that would be affected by this change. He stated the attendees at the meeting felt that the six-month grace period was inadequate. Mr. Stoll made two suggestions for Council's consideration and stated he would like to hear from the development community whether it works. He proposed extending the time up to one year. He proposed to exempt lots that have already received preliminary plat approval in the past five years. He stated those two suggestions would lessen the burden for developers that have purchased land and sought to develop it according to the present rules. City Attorney Kit Williams: It's been talked about how prevalent RSF-4 is. When you see single family home developments, what zones are they primarily being built in now? Garner Stoll: It's either RSF-4 or Neighborhood Conservation. City Attorney Kit Williams: Which one is getting more of the homes built into it? Garner Stoll: RSF-4. There are a lot of homes being built along the Rupple corridor that are zoned Neighborhood Conservation. Council Member Scroggin: We have been working on this for a while with multiple public meetings. We are in no hurry and we can have more public meetings. I don't plan on having a vote tonight. We can hear what the community has to say and then we can make the changes we need. We need to decide how we are going to develop Fayetteville for the future. The plans that worked in the 70's and 80's doesn't work now. We have to start making small changes as we run out of space. We can't just keep spreading out at the same density. I don't think people want Fayetteville to become a Los Angeles. There was a brief viewing of a map of the proposed changes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes October 1, 2019 Page 26 of 29 Council Member Smith: I have no plans to vote on this tonight. We discussed this at Ordinance Review. It has been to the Planning Commission twice and hasn't received any public comment yet. We haven't had feedback that we could act on. Council Member Petty stated regarding Garner Stoll's proposed changes, he would vote to exempt plats that are already approved back to some date that's reasonable. He stated he would also vote to amend the six-month grace period to some other number to extend that. He stated he supports the ordinance and is willing to make some amendments along the way. He stated the characterizations of the ordinance have been wrong and hopes the facts will lead some people to reconsider. He thanked the Planning Commission for all their work. Council Member Marsh: In looking at the map of where this will apply, a large chunk of it is in Ward 1. I would hate to see Walker Park developed with an autocentric mindset that exist under our current codes. I think six -months is plenty of time to lead into this kind of change. We need to act with urgency because the longer we wait, the more non -conforming neighborhoods are going to arise. We have a responsibility to public safety. Council Member Bunch stated she disagreed with a six-month time period. She spoke briefly about why it is not long enough. She stated she regrets this type of zoning wasn't used in the way it was originally intended. Jesse Fulcher, Rausch Coleman spoke about his company and other citizens not knowing what was going on with the proposed ordinance until the City Council meeting. He requested for Council to be open about feedback about some alternative implementation strategies. John La Tour, Citizen stated he appreciates the Council trying to make the city more beautiful, but some people might want a wider driveway than 10 feet if they have a 50 -foot lot. He spoke about citizens' rights. Aaron Worth, Representing the Northwest Arkansas Homebuilders Association stated the association opposes the ordinance. He spoke about six months not being enough time. He spoke about rezoning issues. Don McNaughton, President of Northwest Arkansas Board of Realtors and Executive Broker at McNaughton Real Estate stated realtors stand against any attack on private property rights. He stated six -months is not enough time. He spoke in opposition of the ordinance. Carson Shaddy, Fayetteville Resident stated he plans to live in Fayetteville for the rest of his life, but it could change if his back yard was taken up by a garage or concrete. He spoke in opposition of the ordinance. Eileen Bilford, Stonebrook stated bringing the proposed changes into her subdivision will change the layout and is unfair to homeowners. She spoke in opposition of the ordinance. Marvin Brusveen, 2638 Miranda stated one car garages don't sale. He spoke about six -months not being enough time. He doesn't like being dictated too. He spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes October 1, 2019 Page 27 of 29 Kelly Franks, Priority Bank spoke about the need of garages and backyards. She spoke about an alley not being safe. She spoke in opposition of the ordinance. Larry Kelly, Real Estate Agent spoke about housing diversification in Northwest Arkansas. He spoke about the Smart Growth Initiative. Joe Ruddell, Generations Bank spoke about cost. He stated the point is to build a home and put someone in it and not have it sit as a vacant home because no one can afford it. Council Member Smith: Development never stops and somebody is always in some phase. I have a hard time seeing when there would ever be a time where a change could be made without it impacting somebody. Do you have a suggestion on how to fix this? Joe Ruddell: Developers that already own the land and have already been through the approval and design process, don't change that on them. If it has to go forward, then that would be the recommendation. New things can be discussed, but things that are already in the works should not be changed. Mark Marquess, 4669 Clear Creek spoke about building workforce housing in Northwest Arkansas. He stated customers want two car garages. He stated they don't want a two -car garage that has a one car driveway. He spoke in opposition of the ordinance. Mary Bassett, Bassett Mix & Associates stated owning a home is the American dream and is an integral part of raising a family. She spoke about the economic value of home ownership. She spoke in opposition of the ordinance. Mitch Weigel, Downtown Properties spoke about current projects being affected negatively. He spoke in opposition of the ordinance. Steve Clark, Chamber of Commerce President stated the proposed ordinance affects the workforce. He stated change in a real hurry is dangerous. He spoke in opposition of the ordinance. Council Member Scroggin thanked everyone who spoke. He stated he has only seen one metric from the people today and hopes to get more metrics. He spoke about the six-month time being extended. He spoke about the timeline when something is platted and the rules. Garner Stoll: The driveway widths would be applied in single family structure at the building permit. Unless building permits have been issued, they would not be grandfathered. Council Member Scroggin spoke about wanting to vote on the time being extended. Council Member Bunch: Are you wanting to vote on the time frame tonight? Council Member Scroggin: Yes. I have no intentions of voting on the whole thing tonight, but that was one metric I got from several people. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 1, 2019 Page 28 of 29 Council Member Bunch: I am not comfortable on voting on anything tonight. We have had a lot of discussion. There is a big difference between six months, a year, and 36 months. I am not going to vote for six -months at all because that's not going to work. I don't want to delay this because it leaves people in limbo that are working on projects. We need to work out the details. City Attorney Kit Williams: I agree with Council Member Bunch. We have potential financial and legal issues about regulatory takings if we don't do this properly. This came from the Planning Commission and not through staff. We did what the Ordinance Review Committee said in drafting the ordinance. However, I need to look at this very carefully. Some of the builders have people that have put money down, which could be 1.5 years away from building the structure. We need to be careful how we word any kind of delay. We have to make sure we don't violate our constitutional duties. Council Member Turk: We need to think this out more thoroughly. We have heard from several people that this was the first time they had heard about this significant change. I would ask that a group get together and try to hammer out some compromises or a better understanding. This is a complicated issue. I am not prepared to vote on anything tonight. Council Member Kinion spoke about not knowing enough about the ordinance also and needing more time to review. He stated it is evident that people were not involved from the beginning and should have been. He spoke about financial consequences. He spoke about aesthetics. He stated he does not like to push design standards that are going to somehow impact a creative opportunity. He spoke about including builders, realtors, bankers, and consumers that are directly impacted by the ordinance. Council Member Smith spoke about this being the beginning of the public process. He stated the ordinance needs amendments. He spoke about being disinclined to vote for any extension of a time. He stated the longer they wait to make a change, just based on time, the more developments start in the pipeline and further down the road to producing what wasn't intended for the zone it is in. He stated any time range chosen is probably too fast for some and too slow for others. He stated a process point would be a better way on how to choose who this applies too and who it does not. Council Member Marsh stated she agreed with Council Member Smith that they don't need to start over. She spoke about very expensive homes that have shared drives. She stated shared drives build community. She stated if people are concerned about affordability, builders could build carports or on -street parking, instead of having two car garages. She spoke about demographics and what millennials want. She stated she does not want South College Avenue to develop like South Curtis Avenue. Mayor Jordan: We are going to leave this on the First Reading. The sponsors can work on it. This Ordinance was left on the First Reading 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes October 1, 2019 Page 29 of 29 Announcements: None Ci Council Agenda Session Presentations: Agenda Session Presentation: Economic Development Consulting Contract Semi -Annual Update. Agenda Session Presentation: Entrepreneurship and Innovation Contract Semi -Annual Update. City Council Tour: None Lisa Branson, Deputy City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov