HomeMy WebLinkAbout2010-09-07 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petry
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
September 7, 2010
A meeting of the Fayetteville City Council will be held on September 7, 2010 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
City Council Agenda Session Presentations:
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the August 17, 2010 City Council meeting minutes. APPROVED
2. National Wildlife Federation Community Wildlife Habitat: A resolution authorizing
an application for the City to be certified as a National Wildlife Federation Community
Wildlife Habitat.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 155-10
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Watershed Conservation Resource Center Grant (White River): A resolution
authorizing application and acceptance, in partnership with the Watershed Conservation
Resource Center, of an Arkansas Natural Resources Commission matching grant in the
amount of $200,000.00 for restoration of a portion of the White River near the Noland
Wastewater Treatment Facility, and approving a budget adjustment in the amount of
$77,000.00 representing the City's match.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 156-10
4. 2010 Washington County Inter-Local Agreement (Animal Sheltering): A resolution
approving an inter-local agreement between the City of Fayetteville, Arkansas and
Washington County, Arkansas to provide animal sheltering services to Washington
County, Arkansas for calendar year 2010.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 157-10
5. RFP #10-11 Plante & Moran, PLLC: A resolution awarding RFP #10-11 and
approving a contract with Plante & Moran, PLLC in an amount not to exceed $60,000.00
for the performance of a city-wide information technology assessment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 158-10
6. 2010 Justice Assistance Grant Local Solicitation Award: A resolution authorizing
acceptance of a 2010 U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance Grant in the amount of $108,419.00 to the Fayetteville Police
Department as a lead agency, and approving a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 159-10
7. Access Management Plan Agreement Amendment (State Highway 265): A
resolution approving an amendment to the Access Management Plan Agreement, as
prepared by the Arkansas Highway and Transportation Department, for State Highway
265.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 160-10
8. Amend Resolution No. 131-10: A resolution amending Resolution No. 131-10 to
change all references from "Today in America"to "U.S. Media Television, Inc."
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 161-10
B. Unfinished Business:
1. ADM 09-3273 (Business Registry and License Program): An ordinance to amend the
Fayetteville code by enacting a chapter to create a business registry and to require annual
business licenses for all businesses and non-profits with locations within Fayetteville.
This ordinance was left on the Second Reading at the June 15, 2010 City Council
meeting. This ordinance was left on the Third Reading at the July 6, 2010 City Council
meeting and Tabled to the September 7, 2010 City Council meeting.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5347
2. ADM 09-3466 (UDC Chapters 151 & 164 Vehicle Related Businesses): An ordinance
amending Title XV: Unified Development Code of the City of Fayetteville, Chapters
151: Definitions and 164: Supplementary Zoning Regulations, in order to include
additional definitions and requirements for vehicle related businesses. This ordinance
was left on the Second Reading at the August 17, 2010 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5348
C. New Business:
1. RZN 10-3625 (Cedar Crest Academy): An ordinance rezoning that property described
in rezoning petition RZN 10-3625, for approximately 2.25 acres, located on the south
side of Persimmon Street, northwest of Owl Creek Elementary School from RSF-4,
Residential Single-Family, 4 units per acre, to P-1, Institutional.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5349
2. RZN 10-3626 (Mathias Shopping Centers): An ordinance rezoning that property
described in rezoning petition RZN 10-3626, for approximately 1.2 acres, located at the
northwest corner of Hwy 45 East and Box Avenue from R-O, Residential Office, to CS,
Community Services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5350
3. Repeal and Replace §34.26 (Authority of City Employees to Contract with the City):
An ordinance to repeal §34.26 Authority of City Employees to Contract with the City and
to enact a replacement §34.26 Limited Authority of City Employees to Provide Services
to the City.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5351
4. Amend Chapters 151 & 162: (ADM 10-3630 Recycling and Collection Centers): An
ordinance amending the Unified Development Code Chapter 151: Definitions and
Chapter 162: Use Conditions to create definitions for community recycling drop-off
facilities and centers for collecting recyclable materials and to allow such uses in
appropriate zoning districts.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5352
5. Amend Chapter 161: Zoning Regulations (Use Unit 43 Animal Boarding &
Training): An ordinance amending Title XV: Unified Development Code of the City of
Fayetteville, Chapter 161: Zoning Regulations to permit use unit 43, Animal Boarding
and Training, in certain situations in commercial, industrial, mixed use, and residential-
agricultural zoning districts.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5353
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
6. Amend Resolution No. 76-06 Lierly Lane Subdivision: A resolution to amend
Resolution No. 76-06 to amend the site plan to replace five duplex lots with single family
lots and change the lot once designated for the decentralized community septic system to
single family lots and a developed park of about 2.5 acres.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 162-10
7. Amend Ordinance No. 5344 (Watershed Conservation Resource Center): An
ordinance amending Ordinance No. 5344 to approve an amendment to the memorandum
of understanding with the Watershed Conservation Resource Center (WCRC) to allow
for projects on public lands owned by the City of Fayetteville.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5354
Announcements:
Adjournment: 8:05 p.m.
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. If you wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to speak.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cellphones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: September 7,2010 Adjourn: ; OS ( '44
Subject: Roll
Lewis
Gray
Thiel
Cook
Petty
Rhoads
Ferrell
Lucas ✓
Mayor Jordan ✓
Subject:
Motion To:
Motion By:
Seconded:
Lewis
Gray
Thiel
Cook
Petty
Rhoads
Ferrell
Lucas
Mayor Jordan
City Council Meeting: September 7,2010
Subject: Consent
Motion To:
tj 40,
Motion By: O k
Seconded:
Lewis
• r� Gray
I
Thiel
Cook
(� Petty
Rhoads
5 5 b Ferrell ✓
'y r Lucas
I O Mayor Jordan
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Subject:
Motion To:
Motion By:
Seconded:
Lewis
Gray
Thiel
Cook
Petty
Rhoads
Ferrell
Lucas
Mayor Jordan
City Council Meeting: September 7,2010
Subject: ADM 09-3273 (Business Registry and License Program)
OWW 4L alv
Motion To: da, sb �(�.¢,
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Motion By: °
Seconded: IL4ca4.)
B. 1 Lewis
Unfinished Gray 6/` ✓
Business Thiel w
Cook N
Petty
Rhoads
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1 Lucas t✓'
Mayor Jordan
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Subject: ADM 09-3466 (UDC Chapters 151 & 164 Vehicle Related Businesses)
Motion To: )IJ
Motion By:
Seconded: a
B. 2 Lewis
Unfinished Gray
Business Thiel
n n Cook ✓ r/
Petty ✓ ,/
hh '' 11 Rhoads �/ ✓'
-T-ri Ferrell ✓
Lucas
Mayor Jordan
City Council Meeting: September 7,2010
Subject: RZN 10-3625 (Cedar Crest Academy)
Motion To:
Motion By:
Seconded: G ��
C. 1 Lewis ✓ ✓
New Gray f/ ✓ �/
Business Thiel t✓
Cook �/ ✓
Petty Vol
Rhoads r/ 1/ Vol
��_-- Ferrell ,/ ✓ e/°
Lucas ✓ ��
Mayor Jordan
Subject: RZN 10-3626 (Mathias Shopping Centers)
Motion To: n�
Motion By: -,0r � }
Seconded:
C. 2 Lewis �/ ✓
New Gray ,/ 600�
Business Thiel ✓
Cook ,r/ &--�
Petty ✓ wol�
Rhoads ✓
OFerrell
Lucas
Mayor Jordan
City Council Meeting: September 7,2010
Subject: Repeal and Replace 34.26 Authority of City Employees to Contract with the City)
Motion To:
F
Motion By: rvuv
Seconded: j
C. 3 Lewis
New Gray WOO' ✓� ✓ t✓
Business Thiel �✓ ✓ ✓ ✓
Cook ✓ ✓ ✓ t✓
Petty ✓'' 6�' ✓ ✓
P� Rhoads /' ✓ ✓
f Ferrell ,/ ✓' ✓ e/
Lucas ✓ '✓ +�
Mayor Jordan
Subject: Amend Chapters 151 & 162: (ADM 10-3630 Recycling and Collection Centers)
Motion To: n RW rd P\cJ
Motion By: rz `
Seconded-
C. 4
econded:C. 4 Lewis 1/
New Gray ✓ / �/
Business Thiel ✓ �/
Cook t/' ✓ �/
Petty ✓ ✓ I�
Rhoads r✓
Ferrell �✓ ✓
,J Lucas ✓
Mayor Jordan
g-0 9 ,0 -o
City Council Meeting: September 7,2010
Subject: Amend Chapter 161: Zoning Re ulations (Use Unit 43 Animal Boarding & raining)
Motion To: And T�Q J rd �r
Motion By: Gr
Seconded:
Sv-
C. 5 Lewis
New Gray
Business Thiel i/ ✓ 1/
Cook WO"
Petty ✓ Yd'
Rhoads
[[ Ferrell
Lucas Seo\t iA
Mayor Jordan
7-0 -a -o
Subject: Amend Resolution No. 76-06 Lierly Lane Subdivision
Motion To: "-I"(`"�
Motion By: 4U101,6
Seconded:
C. 6 Lewis 100.1
New Gray POO
Business Thiel
Cook ✓p
P&AAJ Petty
Rhoads
I /_� 17� Ferrell f
lU IV Lucas
Mayor Jordan
City Council Meeting: September 7,2010
Subject: Amend Ordinance No. 5344 (Watershed Conservation Resource Center)
Motion To: PaA.4)
Motion By:
Seconded:
C. 7 Lewis yo'" dv` ✓'
New Gray W011` mo"
Business Thiel ✓ wo�-
Cook
Petty
Rhoads
Ferrell Wool'
Lucas
Mayor Jordan
S _6)
Subject:
Motion To:
Motion By:
Seconded:
Lewis
Gray
Thiel
Cook
Petty
Rhoads
Ferrell
Lucas
Mayor Jordan
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY �fll
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney r
DATE: September 8, 2010
RE: Resolutions and Ordinances prepared by the City Attorney's Office and
passed at the City Council meeting of September 7, 2010
1. National Wildlife Federation Community Wildlife Habitat: A resolution
authorizing an application for the City to be certified as a National Wildlife Federation
Community Wildlife Habitat.
2. Watershed Conservation Resource Center Grant: A resolution authorizing
application and acceptance, in partnership with the Watershed Conservation Resource
Center, of an Arkansas Natural Resources Commission matching grant in the amount of
$200,000.00 for restoration of a portion of the White River near the Noland Wastewater
Treatment Facility, and approving a budget adjustment in the amount of $77,000.00
representing the City's match.
3. 2010 Washington County Interlocal Agreement: A resolution approving an
Interlocal agreement between the City of Fayetteville and Washington County to
provide animal sheltering services to Washington for calendar year 2010.
4. RFP #10-11: A resolution awarding RFP#10-11 and approving a contract with
Plante & Moran, OLLC, in an amount not to exceed $60,000.00, for the performance of
a citywide Information Technology Assessment.
5. 2010 JAG Local Solicitation Award: A resolution authorizing acceptance of a
2010 U.S. Department of Justice, Office of Justice Program, Bureau of Justice
Assistance Grant in the amount of$108,419.00 to the Fayetteville Police Department as
a lead agency, and approving a budget adjustment.
6. Access Management Plan Agreement Amendment: A resolution approving
an Amendment to the Access Management Plan Agreement, as prepared by the
Arkansas Highway and Transportation Department, for State Highway 265.
7. Resolution No. 131-10 Amendment: A resolution amending Resolution No.
131-10 to change all references from "Today in America" to "U.S. Media Television,
Inc.".
S. ADM 09-3273 (Business Registry and License Program): An ordinance to
amend the Fayetteville Code by enacting a chapter to create a Business Registry and to
require annual business licenses for all businesses and non-profits with locations within
Fayetteville.
9. Repeal and Replace §34.26 (Authority of City Employees to Contract with
the City): An ordinance to repeal §34.26 Authority of City Employees to Contract
with the City and to enact a replacement §34.26 Limited Authority of City
Employees to Provide Services to the City.
10. Amendment to Resolution NO. 76-06 — Lierly Lane Subdivision: A
resolution to amend Resolution No. 76.06 to amend the site plan to replace five duplex
lots with single family lots and change the lot once designated for the decentralized
community septic system to single family lots and a developed park of about 2.5 acres.
11. Amendment to Ordinance No. 5344: An ordinance amending Ordinance No.
5344 to approve an amendment to the Memorandum of Understanding with the
Watershed Conservation Resource Center to allow for projects on public lands owned
by the City of Fayetteville.
2
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda Thio]
City Attorney Kit Williams Ward 2 Position 1 —Kyle B.Cook
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Robert K.Rhoads
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
September 7, 2010
A meeting of the Fayetteville City Council will be held on September 7, 2010 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
City Council Agenda Session Presentations:
Mayor's Announcements, Proclamations and Recognitions:
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
1. Approval of the August 17, 2010 City Council meeting minutes.
2. National Wildlife Federation Community Wildlife Habitat: A resolution authorizing
an application for the City to be certified as a National Wildlife Federation Community
Wildlife Habitat.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
3. Watershed Conservation Resource Center Grant (White River): A resolution
authorizing application and acceptance, in partnership with the Watershed Conservation
Resource Center, of an Arkansas Natural Resources Commission matching grant in the
amount of $200,000.00 for restoration of a portion of the White River near the Noland
Wastewater Treatment Facility, and approving a budget adjustment in the amount of
$77,000.00 representing the City's match.
4. 2010 Washington County Inter-Local Agreement (Animal Sheltering): A resolution
approving an inter-local agreement between the City of Fayetteville, Arkansas and
Washington County, Arkansas to provide animal sheltering services to Washington
County, Arkansas for calendar year 2010.
5. RFP #10-11 Plante & Moran, PLLC: A resolution awarding RFP #10-11 and
approving a contract with Plante & Moran, PLLC in an amount not to exceed $60,000.00
for the performance of a city-wide information technology assessment.
6. 2010 Justice Assistance Grant Local Solicitation Award: A resolution authorizing
acceptance of a 2010 U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance Grant in the amount of $108,419.00 to the Fayetteville Police
Department as a lead agency, and approving a budget adjustment.
7. Access Management Plan Agreement Amendment (State Highway 265): A
resolution approving an amendment to the Access Management Plan Agreement, as
prepared by the Arkansas Highway and Transportation Department, for State Highway
265.
8. Amend Resolution No. 131-10: A resolution amending Resolution No. 131-10 to
change all references from "Today in America" to "U.S. Media Television, Inc."
B. Unfinished Business:
1. ADM 09-3273 (Business Registry and License Program): An ordinance to amend the
Fayetteville code by enacting a chapter to create a business registry and to require annual
business licenses for all businesses and non-profits with locations within Fayetteville.
This ordinance was left on the Second Reading at the June 15, 2010 City Council
meeting. This ordinance was left on the Third Reading at the July 6, 2010 City Council
meeting and Tabled to the September 7, 2010 City Council meeting.
Left on the Third Reading
2. ADM 09-3466 (UDC Chapters 151 & 164 Vehicle Related Businesses): An ordinance
amending Title XV: Unified Development Code of the City of Fayetteville, Chapters
151: Definitions and 164: Supplementary Zoning Regulations, in order to include
additional definitions and requirements for vehicle related businesses. This ordinance
was left on the Second Reading at the August 17, 2010 City Council meeting.
Left on the Second Reading
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
C. New Business:
1. RZN 10-3625 (Cedar Crest Academy): An ordinance rezoning that property described
in rezoning petition RZN 10-3625, for approximately 2.25 acres, located on the south
side of Persimmon Street, northwest of Owl Creek Elementary School from RSF-4,
Residential Single-Family, 4 units per acre, to P-1, Institutional.
2. RZN 10-3626 (Mathias Shopping Centers): An ordinance rezoning that property
described in rezoning petition RZN 10-3626, for approximately 1.2 acres, located at the
northwest corner of Hwy 45 East and Box Avenue from R-O, Residential Office, to CS,
Community Services.
3. Repeal and Replace §34.26 (Authority of City Employees to Contract with the City):
An ordinance to repeal §34.26 Authority of City Employees to Contract with the City and
to enact a replacement §34.26 Limited Authority of City Employees to Provide Services
to the City.
4. Amend Chapters 151 & 162: (ADM 10-3630 Recycling and Collection Centers): An
ordinance amending the Unified Development Code Chapter 151: Definitions and
Chapter 162: Use Conditions to create definitions for community recycling drop-off
facilities and centers for collecting recyclable materials and to allow such uses in
appropriate zoning districts.
5. Amend Chapter 161: Zoning Regulations (Use Unit 43 Animal Boarding &
Training): An ordinance amending Title XV: Unified Development Code of the City of
Fayetteville, Chapter 161: Zoning Regulations to permit use unit 43, Animal Boarding
and Training, in certain situations in commercial, industrial, mixed use, and residential-
agricultural zoning districts.
6. Amend Resolution No. 76-06 Lierly Lane Subdivision: A resolution to amend
Resolution No. 76-06 to amend the site plan to replace five duplex lots with single family
lots and change the lot once designated for the decentralized community septic system to
single family lots and a developed park of about 2.5 acres.
7. Amend Ordinance No. 5344 (Watershed Conservation Resource Center): An
ordinance amending Ordinance No. 5344 to approve an amendment to the memorandum
of understanding with the Watershed Conservation Resource Center (WCRC) to allow
for projects on public lands owned by the City of Fayetteville.
Announcements:
Adjournment:
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. If you wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to speak.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required. For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
A.7
Access Management Plan Agreement
AMENDMENT NO. 1 Amendment(State Highway 265)
Page 1 of 2
To The
ACCESS MANAGEMENT PLAN AGREEMENT
For
HIGHWAY 265 IN FAYETTEVILLE
I. PURPOSE OF AMENDMENT—This amendment revises the Highway 265 Access
Management Plan, which is Appendix A of the Access Management Plan Agreement.
II. AMENDMENT DESCRIPTION—This amendment modifies Appendix A to include
a median break at Coy Kaylor Drive,between median breaks 3 and 4, which are
located at Par Court and Joyce Boulevard,respectively. The median break provided
at Coy Kaylor Drive shall be a full directional break,but will not include a bulb out to
accommodate u-turns.
III. JUSTIFICATION—A traffic study prepared by a Professional Engineer indicates
that the number of u-tums, and the delays associated with said u-turns, at Par Court
and Joyce Boulevard will be reduced by providing an additional median break at Coy
Kaylor Drive. Furthermore,no adverse impacts to through traffic on Highway 265
were identified in the study.
Pursuant to Resolution No. of the Fayetteville City Council approved on the
day of 2010.
Mayor Lioneld Jordan
Pursuant to Resolution No. of the Northwest Arkansas MPO approved on the
day of , 2010.
MPO Chairman
Pursuant to Minute Order No. of the Arkansas State Highway Commission
approved on the day of , 2010.
Dan Flowers, Director
Arkansas State Highway and Transportation Department Ef�HiBIT
A.7
Access Management Plan Agreement
Amendment(State Highway 265)
Page 2 of 2
Fd 11 ETTE • ILL E a 1
AD siness Registry
an 'cen Pr m)
THE CITY OF FAYETTEVILLE,ARKANSAS P ge of 2
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Karen Minkel, Strategic Planning Director
FROM: Kit Williams, City Attorney
DATE: September 1, 2010
RE: Business Registry and License Ordinance revised to change start date to
September 1, 2011
Pursuant to the City Council's request, I have made the numerous date
changes needed to change the Business Registry and License Ordinance start date
to September 1, 2011. This changes the fiscal year for licenses from the previous
March 1St — February 28th to the proposed November is' — October 31St. Late
payment dates have also been adjusted accordingly. Finally the effective date of
the ordinance has been set at September 1, 2011.
If the City Council wishes to move the effective date and fiscal year for the
Business Registry and License ordinance, someone will need to move to amend the
current ordinance before you to the new version which will be in your Final
Agenda.
Please remember my earlier memo of June 16, 2010 to you in which I
reviewed the statutory law for enacting citywide Business Registry and License
program to require "a two-thirds (2/3) vote of all members (of the City Council)
elected thereto ...." A.C.A. §26-77-102. Thus to pass the Business Registry and
License ordinance, six affirmative votes by City Council members are needed.
The Mayor cannot vote on this ordinance. (Attached is a copy of my June 16,
2010 memo.)
B. 1
ADM 09-3273(Business Registry
and License Program)
Page 2 of 12
ORDINANCE NO.
AN ORDINANCE TO AMEND THE FAYETTEVILLE CODE BY
ENACTING A CHAPTER TO CREATE A BUSINESS REGISTRY
AND TO REQUIRE ANNUAL BUSINESS LICENSES FOR ALL
BUSINESSES AND NON-PROFITS WITH LOCATIONS WITHIN
FAYETTEVILLE
WHEREAS, collecting accurate business and employee data will help the City better
track business growth, employment and development; and
WHEREAS, all information will be compiled and collected within the Business Registry
which will be available to the businesses and public; and
WHEREAS, accurate reporting of new businesses entering Fayetteville and their
addresses will assist Central Dispatch keeping their 911 information up-to-date; and
WHEREAS, accurate reporting of flammable or explosive material storage will provide
increased safety for Fayetteville Fire Fighters responding to building fires; and
WHEREAS, the City's effort to collect overdue Hotel, Motel and Restaurant taxes will
be assisted if the offending business could lose its business license for failing to promptly and
completely remit to the City the taxes paid by its customers.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts
Chapter 118 Business Registry and Licenses of the Fayetteville Code as shown below:
B. 1
ADM 09-3273(Business Registry
and License Program)
Page 3 of 12
"Chapter 118 Business Registry and Licenses
"§118.01 Applicability.
"(A) General businesses.
"(1) All businesses, institutions, corporations, LLCs, LLPs,
partnerships,non-profit associations or corporations, sole
proprietorships or other non-governmental entities with a
physical address or which operates a legally permitted home
occupation within the Fayetteville city limits shall be required
to file for the City of Fayetteville Business Registry and License.
A covered business or entity with multiple physical addresses
in Fayetteville must obtain a separate business license for each
such business address.
"(2) In addition, any person or non-governmental entity who
has or should have a sales tax permit and operates out of a
physical address within Fayetteville shall be required to file for
the City of Fayetteville Business Registry and License.
"(3) In addition, any person or non-governmental entity who is
engaged in any trade or occupation which requires federal or
state licenses and who operates out of a physical address within
Fayetteville shall be required to file for the City of Fayetteville
Business Registry and License.
"(B) Religious entities.
"Churches and other religious institutions are exempt from this
chapter unless they are performing functions like daycare that
must be licensed by the state or that generate revenue upon
which state sales or use taxes must be paid. The City Business
License shall not be required for the religious entity but only
for those functions that require a state license or upon which
state sales or use taxes must be paid.
"(C) Minors exempt.
"No individual under eighteen years of age shall be required to
register or obtain a business license.
"(D) Individual landlords renting less than three dwelling units exempt.
"An individual landlord, not operating as a corporation, LLC, LLP,
or other business entity, who rents out less than three dwelling
units, and no commercial, industrial,or institutional unit, site or
building shall be exempt from this chapter.
B. 1
ADM 09-3273(Business Registry
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"§118.02 Entry upon Business Registry and Issuance of Business
License.
"(A) Annual application required.
"Every applicable business or other entity identified in §118.01
shall annually complete the Application For Business Registry And
License (substantially as shown on Exhibit A and which can be
administratively_amended by the Mayor) and pay the appropriate
fee as required by this chapter.
"(B) Time for Application submittal.
"Applications and annual renewals for existing business license
holders shall be completed between September 1 and October 31
each year. Business licenses shall be issued for a fiscal year of
November 1 to October 31. New businesses,businesses locating to
Fayetteville or entities to which these provisions become applicable
in the future shall register and obtain their business license within
two months of their move into Fayetteville or commencement of
activities.
"(C) Fees.
"(1) Home based business. A resident conducting anon-traffic
generating occupation, profession or business within the
resident's dwelling unit who is registering for the first time shall
pay an annual fee to submit an Application For Business Registry
and License of$22.00 if submitted by October 31, except if the
home based business owner registers electronically, the owner shall
receive a$2.00 credit against the annual fee and pay only $20.00.
Applications submitted after the October 31 deadline shall incur a
fee of$24.00 if submitted by November 30; $26.00 if submitted by
December 31; and$30.00 if submitted thereafter. After an initial
registration and receipt of a business license,the next year's
renewal fee shall be $15.00 if timely paid. Otherwise, late payment
fees shall be as assessed above.
"(2) All other (non-home based) businesses. Annual fees to submit the
business's first Application For Business Registry and License shall
be $35.00 if submitted by October 31,except that if a business
registers electronically it shall receive a$3.00 credit against its
annual fee and only be assessed$32.00. Applications submitted
after the October 31 deadline shall incur a fee of$38.00 if
submitted by November 30; $41.00 if submitted by December 31,
and$52.00 if submitted thereafter. After an initial registration and
receipt of a business license,the next year's renewal shall be $15.00
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ADM 09-3273(Business Registry
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if timely paid. Otherwise, the late payment fees shall be assessed as
above.
"(3) Partial year registration fee for new business. If a new business
or entity registers and applies for a license after March 1,the
fee for the business license through November 30 of the same year
shall be$17.00 except that if a business registers electronically it
shall receive a$2.00 credit against its partial year fee and only be
assessed$15.00.
"(D) Issuance of Business License.
"(1) The Director of Development Services or designee shall
promptly issue a business license to any applicable business or
entity which properly completes the Application For Business
Registry and License, pays the proper fee, and is not ineligible for a
business license because of prior suspension or revocation of the
license, lack of a required state or city permit, or violation of state
law or city ordinance.
"(2) The registration and business license is not transferable nor
assignable. Upon the sale, merger or transfer of business
ownership, the new owner must register and apply for a new
business license within thirty days of the date of transfer or
reopening of the business.
"(3) If the Director of Development Services initially refuses to
issue a business license,the applicant shall be entitled to a due
process hearing before the Chief of Staff concerning the grounds for
refusal to issue the license. An applicant can appeal the Chief of
Staff s decision to the City Council in the same manner prescribed
for an appeal of the Chief of Staff s decision to suspend or revoke a
business license.
"(E) Display of business license.
"Every business and other entity receiving a business license shall
prominently display the business license near any other licenses
required for the business and issued by a government entity. The
business license shall be displayed where customers or visitors
entering the establishment will be able to view the business license.
"§118.03 Suspension and Revocation of Business License
"(A) Grounds That Could Support Suspension or Revocation of Business
License.
"(1) Valid complaints that the Business License Holder is
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ADM 09-3273(Business Registry
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Page 6 of 12
operating the business in a dangerously unsanitary or unhealthy
manner, or in such manner as to unreasonable and adversely affect
the peace, health or safety of neighbors or other Fayetteville
citizens.
"(2) The determination that the premises are a fire hazard or
otherwise unsafe for occupancy because of violations of building,
property maintenance or fire codes.
"(3) The business is delinquent in submitting Hotel, Motel and
Restaurant or City alcohol tax forms or in payment of the City's
Hotel, Motel and Restaurant taxes or any other city or state taxes or
required fees.
"(4) The business is being operated in violation of any federal or
state law or city ordinance or has had a necessary state or city
license suspended or revoked.
"(5) The business license was procured through fraud or
misrepresentation.
"(B) Notice.
"If the Director of Development Services has reason to believe that
grounds exist that could justify the suspension or revocation of a
business license, the Director shall mail a letter to the Business
Mailing Address shown on the application by first class mail
notifying the business owner of the possible grounds to suspend or
revoke the license and setting a due process hearing in not less than
five nor more than ten business days. The Director shall also
telephone the business owner using the Business Phone number
provided on the Application(as well as the Emergency Phone
Number if the owner cannot be reached on the Business Phone
number) and provide the same information as is within the letter.
"(C) Conduct of the Due Process Hearing.
"(1) The Chief of Staff shall provide a reasonable space for the due
process hearing and shall receive evidence from city employees or
others about the grounds to suspend or revoke the business license.
"(2) The Business License Holder shall then be granted an
opportunity to explain or provide evidence to rebut any allegations
and to show why the business license should not be suspended or
revoked.
"(3) After the Business License Holder has had a reasonable
opportunity to explain his side,the Chief of Staff can do one of the
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ADM 09-3273(Business Registry
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following depending upon the Chief of Staff s judgment of the
seriousness of any proven ground:
"(i) Revoke the Business License.
"(ii) Suspend the Business License for not more than Thirty
(30)days.
"(iii) Place the Business on probation status for not more
than ninety(90) days on condition that the grounds causing
the problems will be remedied by the business license owner
and not be allowed to reoccur. If the business license owner
complies with the probation,the probation status shall be
lifted and no further action shall be taken. If the Chief of
Staff determines that the business license owner has failed to
correct the problems or new grounds or suspension or
revocation have occurred, the Chief of Staff shall conduct a
second due process hearing and consider all previous
evidence whether or not the business license should be
suspended or revoked.
"(iv) Refuse to revoke or suspend the license which shall
remain valid. Any complaint about events leading to the
hearing shall not be considered again.
"§118.04 Appeal To City Council
"Any person or entity whose license has been suspended or revoked
pursuant to §118.03 may appeal such suspension or revocation to the City
Council by providing the City Clerk's Office with a written request for
City Council review within ten business days of the issuance of the
suspension or revocation. The City Council may then determine, after a
public hearing in which the business license owner may present evidence
and explanations, whether the business owner's license should be
suspended for not more than thirty(30) days, revoked because of the
grounds presented, or that no suspension or revocation is warranted.
"§118.05 Penalty
"(A) Fines.
"No business or other entity who is required by this chapter to
obtain a business license shall operate without having and
displaying at the business a valid and current City of Fayetteville
Business License. Operating without a license shall be a violation
punishable by a fine of up to $250.00 per day of operation.
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"(B) City Services Termination.
"If a business or entity continues to operate without a valid and
current City of Fayetteville Business License for a period of one
week after notification by the Director of Development Services, the
Mayor may order the withholding of all city services including
water, sewer and solid waste for the business premises."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines
that this ordinance shall go into effect on September 1, 2011 to begin the issuance process of
business licenses with the requirement that all affected entities shall have applied for the business
registry and received their licenses by November 1, 2011.
PASSED and APPROVED this 7`h day of September, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
7
1 .L a 1 1 E ♦ ILLE B. 1
ADM ess Registry
and i ens rog )
THE CITY OF FAYETTEVILLE,ARKANSAS Pa 9 f
KIT WILLIAMS,CITY ATTORNEY
DAVID WMAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
City Council
CC: Don Marr, Chief of Staff
Karen Minkel, Strategic Planning Director
FROM: Kit Williams, City Attorney
DATE: June 16, 2010
RE: Two-thirds vote of all members elected to the City Council needed
to pass Business Registry and License Ordinance
I believe the Business Registry and License Ordinance is controlled
by A.C.A. §26-77-102 Authority to tax or license businesses.
"Any city council ... shall have the power to enact, by a
two-thirds (2/3) vote of all members elected thereto,
ordinances requiring any person, firm, individual, or
corporation who shall engage in, carry on, or follow any
trade, business, profession, vocation, or calling, within
the corporate limits of the city or town, to pay a license
fee or tax ...."
I believe that the statute's use of the "fee or tax" phrase clearly
expresses the legislative intent to grant two kinds of authorities to cities.
The first is to license businesses, and the second is to tax businesses. The
statute clearly gives a city the right to require "any person, firm, individual
or corporation ... to pay a license fee or tax ...." Id. (emphasis added)
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and License Program)
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There is a clear and well established legal difference between a fee (an
amount of money to offset the administrative costs of a city program or
service) and a tax (a revenue generating exaction).
"The distinction. between a tax and a fee is that
government imposes a tax for general revenue
purposes, but a fee is imposed in the government's
exercise of its police powers." Harris v. City of Little.
Rock, 344 Ark. 95, 40 S.W. 3rd 214, 221 (2001) (citations
omitted).
When the legislature chose to. authorize a city to require payment of "a
license fee or tax", it must have intended to grant authority to cities to
require payment of business license fees as well as occupational taxes
through this statute.
"In construing a statute, we will presume that the
General Assembly, in enacting it, possessed the full
knowledge of the constitutional scope of its powers,
full knowledge of prior legislation on the same subject,
and full knowledge of judicial decisions under
preexisting law. Bunch v. State, 344 Ark. 730, 43 S.W.
3d 132, 136 (2001) (citations omitted)
Because the legislature is presumed to have full knowledge of the
distinction between "a license fee or tax", it must have intended this
statute's requirements to apply to both a business license fee ordinance as
well as a business license tax ordinance. Indeed, the Arkansas Supreme
Court held "that the authority to impose an occupation licensing fee is
expressly delegated to the City by the legislature under (the prior
codification of A.C.A. §26-77-102) ...." City of Mountain Home v. Drake, 281
Ark. 336, 663 S.W. 2d 738, 739 (1984).
The Arkansas Supreme Court has long and repeatedly held that
certain common sense rules should be used when interpreting a statute or
ordinance.
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"The basic rule of statutory construction is to give
effect to the intent of the legislature. Where the
language of a statute is plain and unambiguous, we
determine legislative intent from the ordinary meaning
of the language used. In considering the meaning of a
statute, we construe it just as it reads, giving the words
their ordinary and usually accepted meaning in
common language. We construe the statute so that no
word is left void, superfluous or insignificant, and we
give meaning and effect to every word in the statute, if
possible. CitiFinancial Mortgage Co., Inc. v. Matthews,
372 Ark. 167, 271 S.W. 3rd 501, 506 (2008).
Although A.C.A. §26-77-102 clearly authorizes the City Council to
enact a business license ordinance, there could be a question whether this
very inclusive business registry and license ordinance, which is applicable
to all non-governmental businesses and entities in Fayetteville, could be
enacted under the more general police power statutes instead of A.C.A.
§26-77-102.. I do not believe this would legally be allowed by the Courts.
"We have long held that a general statute must yield
when there is a specific statute involving particular
subject matter." Daimler Chrysler Services, Inc. v. Weiss,
360 Ark. 188, 200 S.W. 3rd 405; 410 (2004).
"Further, it is blackletter law for statutory construction
to give effect to the specific statute over the general."
Searcy Farm v. Merchants & Planters Bank, 369 Ark. 487,
256 S.W. 3d 496, 501 (2007).
Since this state statute clearly involves the particular subject matter of
a city-wide business licensing program, our ordinance must be enacted
according to its requirements.
3