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HomeMy WebLinkAbout2010-05-18 - 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 I—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 May 18, 2010 A meeting of the Fayetteville City Council will be held on May 18, 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 Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the May 4, 2010 City Council meeting minutes. APPROVED 2. 2010 Community Development Block Grant (CDBG): A resolution amending the 2010 city budget by approving a budget adjustment to recognize a 2010 Community Development Block Grant revenue increase of$55,208.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 79-10 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Animal Services Donation: A resolution amending the 2010 city budget by approving a budget adjustment to recognize animal services donation revenue for the first quarter of 2010 in the amount of$11,050.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 80-10 4. Arkansas Recreational Trails Program Grant: A resolution expressing the willingness of the City of Fayetteville, Arkansas to utilize Federal-Aid Recreational Funds. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 81-10 5. 2010 Bulletproof Vest Partnership Grant: A resolution authorizing the Mayor to apply for a 2010 Bulletproof Vest Partnership fifty percent matching grant through the U.S. Department of Justice in the amount of $18,200.00 for the replacement of twenty-five body armor vests for the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 82-10 6. Justice Assistance Grant (JAG): A resolution authorizing application for a 2010-2011 Justice Assistance Grant (JAG) for federal and state funding in the amount of $167,586.00 and $33,517.00 respectively, for the primary funding source of the 4th Judicial District Drug Task Force. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 83-10 7. 2010 Federal Emergency Management Agency Assistance Grant: A resolution authorizing application for a 2010 Federal Emergency Management Agency Assistance to firefighters grant in the amount of$360,000.00 to purchase a specialized fire apparatus for the Fayetteville Fire Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-10 8. Arkansas Power Electronics International (APEI): A resolution certifying local government endorsement of business to participate in the tax back program{The Consolidated Incentive Act of 2003, Ark. Code Ann. §15-4-2706(D)) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-10 9. Kearney National/Cooper Power: A resolution authorizing purchase in lieu of condemnation proceedings authorized in Resolution 52-10 and approving a contract for the purchase of land adjoining the Fayetteville Executive Airport-Drake Field from Kearney-National, Inc. through an assignment from Cooper Power Systems, LLC, in the amount of $218,907.87, including applicable closing costs, as part of the Runway 16 Safety Area Improvement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 86-10 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. Unfinished Business: 1. Amend Chapter 72 (Nonconsensual Towing): An ordinance to amend Chapter 72 Parking Regulations of the Fayetteville Code to enact regulations for nonconsensual towing of vehicles within the Entertainment District Parking Zone. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. THIS ORDINANCE WAS LEFT ON THE SECOND READING. 2. Amend Chapter 72 (§72.18 Residential Parking Permit): An ordinance to amend Chapter 72 Parking Regulations by enacting §72.18 Residential Parking Permit Program for Entertainment District Parking Zone. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. THIS ORDINANCE WAS LEFT ON THE SECOND READING. 3. Amend Chapter 72 (Electronic Payment Station Program): An ordinance to amend Article III Parking Meters of Chapter 72 Parking Regulations by changing its name and adding provisions for an electronic payment station program for paid parking lots and paid on-street parking and for other reasons. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. THIS ORDINANCE WAS LEFT ON THE SECOND READING. 4. Amend Chapter 72 (§72.99 Penalties): An ordinance to amend Article III Parking Meters and Electronic Payment Stations of Chapter 72 Parking Regulations by amending §72.99 Penalties. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. THIS ORDINANCE WAS LEFT ON THE SECOND READING. 5. Parking Program Personnel: A resolution approving a budget adjustment in the amount of$498,542.00 for the implementation and funding of the parking program in the Entertainment District Parking Zone and approving the addition of 2.5 full-time equivalent positions in the Parking Management Division for the 2010 budget. This resolution was tabled at the May 4, 2010 City Council meeting to the June 1, 2010 City Council meeting. THIS ITEM WAS TABLED TO JUNE 1, 2010 CITY COUNCIL MEETING C. New Business: 1. Amend §72.02 Impoundment Procedures: An ordinance to amend §72.02 Impoundment Procedures of the Code of Fayetteville to clarify when the Police may initiate a nonconsensual tow of a vehicle. THIS ORDINANCE WAS 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 2. §94.09 Sale of Fireworks: An ordinance to amend Article I General Provisions of Chapter 94 Fire Prevention of the Fayetteville City Code by repealing §94.05 Sale and Use of Fireworks and enacting a new §94.09 Sale of Fireworks. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5320 3. Amend Chapter §163.14 Revocation or Change of Conditional Use: An ordinance amending §163.14 of the Unified Development Code to permit a periodic review of conditional use permits as described herein. THIS ORDINANCE WAS LEFT ON THE FIRST READING. 4. Amend Chapter 178 Outdoor Vendors: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 178: Outdoor Vendors to allow for the sale of locally produced arts and crafts by outdoor vendors on public sidewalks and to permit consideration of larger vending carts for specific locations as a conditional use permit by the Planning Commission. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5321 5. National Bike to Work Week: A resolution to encourage Fayetteville citizens to participate in National Bike to Work Week and to make Fayetteville even more bicycle- friendly. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-10 Announcements: 1. City Council Tour: None Adjournment: 10:10 p.m. 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 spear 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 City Council Meeting: May 18,2010 Adjourn: PIM' Subject: Roll Gray Thiel ✓ Cook Petty 610/ Rhoads 6* V Oa Ferrell Wk Lucas Lewis Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: May 18,2010 Subject: Consent Motion To: Motion By: Seconded: Cook Gray Thiel Cook Petty ✓ Rhoads ✓r Ferrell Lucas qq - o Lewis +A-m Mayor Jordan 8'-o Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: May 18, 2010 Subject: Amend Chapter 72 (Nonconsensual Towing) Motion To: a� Motion By: Seconded: B. 1 Gray Unfinished Thiel Business Cook Petty Rhoads Ferrell e � ✓ Lucas E4Lewis a/ Mayor Jordan -v Subject: Amend Chapter 72 (§72.18 Residential Parking Permit) n Motion To: ANniQ Motion By: Ar& Pon Opkoa-b Seconded: � p B. 2 Gray V/ Unfinished Thiel �/' ✓ ,f Business Cook ✓ ✓ Petty Rhoads t ✓ {✓� Ferrell e°` t.✓ ✓ Lucas f Lewis ✓ �' Mayor Jordan City Council Meeting: May 18,2010 Subject: Amend Chapter 72 (Electronic Paywent Station Program) Motion To: Motion By: Seconded: Q it B. 3 Gray o/ Unfinished Thiel ✓ Business Cook Petty Rhoads Ferrell vx C�•�p Lucas p/ Lewis Mayor Jordan Subject: Amend Chapter 72 (§72.99 Penalties) Motion To: 11 t' Motion By: e h Seconded: V7 I B. 4 Gray V/ Vol Unfinished Thiel Vol' Business Cook Petty41 "t4 Rhoads a ' Ferrell @@ Lucas ter` () Lewis Mayor Jordan City Council Meeting: Mai 8,2010 Subject: Parking Program Personnel Motion To: Motion By: . Seconded: LV B. 5 Gray €Key Unfinished Thiel Business Cook Petty ✓` ` 4U Rhoads Ferrell WO Lucas Lewis Mayor Jordan r/ Subject: d( Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: May 18,2010 Subject: Amend 72.02 Impoundment Procedures Motion To: 02 to 14t"4#k-; Motion By: 6 p O ®L Seconded: ' C. 1 Gray Vol"' New Thiel Business Cook Petty 14 Rhoads AL Ferrell „� Lucas Lewis f Mayor Jordan �Z3 Subject: §94.09 Sale of Fireworks Motion To: kgC,+ 1, 47011 Motion By: PAM Seconded: ' 0 C. 2 Gray ✓ to/ New Thiel v/ ✓ Business Cook ✓ .�! �,/ Petty i/ !V t/ Rhoads Ferrell ✓ e/ Lucas e/ t./11 Lewis W0,01, ty Mayor Jordan City Council Meeting: May 18, 2010 Subject: 4. DI &L 02 4111k Lock&S Motion To: 61 ldw D Motion By: Pat Seconded: Gray ✓ ✓ Thiel G/ Cook ✓ �✓ F Petty Rhoads ✓ Ferrell Lucas 3 Lewis Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: May 18,2010 Subject: Amend Chapter 163.14 Revocation or Change of Conditional Use Motion To: Motion By: Seconded: C.3 Gray V/� New Thiel Business Cook 4 Petty ✓ Rhoads Ferrell Lucas c Lewis � U Mayor Jordan 8-0 Subject: Amend Chapter 178 Outdoor Vendors Motion To: Ari Raj LOQZ�wS I Motion By: Seconded: ^ j k C. 4 Gray New Thiel �// ✓ W01- Business /Business Cook ✓ v✓ Petty w� Rhoads ✓ Ferrell k"Z e✓ Lucas (M st ` - &ajtje/ Lewis t/O ✓'' r✓ Mayor Jordan City Council Meeting: May 18,2010 Subject: National Bike to Work Week Motion To: WV4�KAtiG{ fCzU"�. Motion By: D W b Seconded: C. 5 Gray New Thiel ✓ �,/ Business Cook Petty ✓ �/ Rhoads . Ferrell ✓ �✓ Lucas f / (0 Lewis Mayor Jordan Subject: g Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY LIL DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney _ 1 DATE: May 19, 2010 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of May 18, 2010 1. 2010 Community Development Block Grant: A resolution amending the 2010 City Budget by approving a budget adjustment to recognize a 2010 Community Development Block Grant revenue increase of$55,208.00. 2. Animal Services Donation: A resolution amending the 2010 City Budget by approving a budget adjustment to recognize Animal Services donation revenue for the first quarter of 2010 in the amount of$11,050.00. 3. Arkansas Recreational Trails Program Grant: A resolution expressing the willingness of the City of Fayetteville, Arkansas to utilize Federal-aid Recreational Funds. 4. 2010 Bulletproof Vest Partnership Grant: A resolution authorizing the Mayor to apply for a 2010 Bulletproof Vest Partnership 50% matching grant through the U.S. Department of Justice in the amount of $18,200.00 for the replacement of twenty-five Body Armor Vests for the Fayetteville Police Department. 5. Justice Assistance Grant (JAG): A resolution authorizing application for a 2010-2011 Justice Assistance Grant (JAG) for federal and state funding in the amount of$167,586.00 and $33,517.00 respectively, for the primary funding source of the 41h Judicial District Drug Task Force. 6. 2010 Federal Emergency Management Agency Assistance Grant: A resolution authorizing application for a 2010 Federal Emergency Management Agency Assistance To Firefighters Grant in the amount of$360,000.00 to purchase a specialized fire apparatus for the Fayetteville Fire Department. 7. Arkansas Power Electronics International (APEI): A resolution certifying local government endorsement of business to participate in the tax back program {The Consolidated Incentive Act of 2003, Ark. Code Ann. §15-4-2706(D)}. 8. Kearney National/Cooper Power: A resolution authorizing purchase in lieu of condemnation proceedings authorized in Resolution 52-10 and approving a contract for the purchase of land adjoining the Fayetteville Executive Airport-Drake Field from Kearney-National, Inc. through an assignment from Cooper Power Systems, LLC, in the amount of$218,907.87, including applicable closing costs, as part of the Runway 16 Safety Area Improvement Project. 9. §94.09 Sale of Fireworks: An ordinance to amend Chapter 94 Fire Prevention of the Fayetteville Code by amending §94.05 Sale and Use of Fireworks and by enacting a new §94.09 Sale of Fireworks. 10. National Bike to Work Week: A resolution to encourage Fayetteville citizens to participate in National Bike to Work Week and to make Fayetteville even more bicycle-friendly. 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 May 18, 2010 A meeting of the Fayetteville City Council will be held on May 18, 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 Mayor's Announcements, Proclamations and Recognitions: Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the May 4, 2010 City Council meeting minutes. 2. 2010 Community Development Block Grant (CDBG): A resolution amending the 2010 city budget by approving a budget adjustment to recognize a 2010 Community Development Block Grant revenue increase of$55,208.00. 3. Animal Services Donation: A resolution amending the 2010 city budget by approving a budget adjustment to recognize animal services donation revenue for the first quarter of 2010 in the amount of$11,050.00. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetleville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Arkansas Recreational Trails Program Grant: A resolution expressing the willingness of the City of Fayetteville, Arkansas to utilize Federal-Aid Recreational Funds. 5. 2010 Bulletproof Vest Partnership Grant: A resolution authorizing the Mayor to apply for a 2010 Bulletproof Vest Partnership fifty percent matching grant through the U.S. Department of Justice in the amount of $18,200.00 for the replacement of twenty-five body armor vests for the Fayetteville Police Department. 6. Justice Assistance Grant (JAG): A resolution authorizing application for a 2010-2011 Justice Assistance Grant (JAG) for federal and state funding in the amount of $167,586.00 and $33,517.00 respectively, for the primary funding source of the 4`h Judicial District Drug Task Force. 7. 2010 Federal Emergency Management Agency Assistance Grant: A resolution authorizing application for a 2010 Federal Emergency Management Agency Assistance to firefighters grant in the amount of$360,000.00 to purchase a specialized fire apparatus for the Fayetteville Fire Department. 8. Arkansas Power Electronics International (APEI): A resolution certifying local government endorsement of business to participate in the tax back program{The Consolidated Incentive Act of 2003, Ark. Code Ann. §15-4-2706(D)} 9. Kearney National/Cooper Power: A resolution authorizing purchase in lieu of condemnation proceedings authorized in Resolution 52-10 and approving a contract for the purchase of land adjoining the Fayetteville Executive Airport-Drake Field from Kearney-National, Inc. through an assignment from Cooper Power Systems, LLC, in the amount of $218,907.87, including applicable closing costs, as part of the Runway 16 Safety Area Improvement Project. B. Unfinished Business: 1. Amend Chapter 72 (Nonconsensual Towing): An ordinance to amend Chapter 72 Parking Regulations of the Fayetteville Code to enact regulations for nonconsensual towing of vehicles within the Entertainment District Parking Zone. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. Left on the First Reading 2. Amend Chapter 72 (§72.18 Residential Parking Permit): An ordinance to amend Chapter 72 Parking Regulations by enacting §72.18 Residential Parking Permit Program for Entertainment District Parking Zone. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. Left on the First Reading 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Amend Chapter 72 (Electronic Payment Station Program): An ordinance to amend Article III Parking Meters of Chapter 72 Parking Regulations by changing its name and adding provisions for an electronic payment station program for paid parking lots and paid on-street parking and for other reasons. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. Left on the First Reading 4. Amend Chapter 72 (§72.99 Penalties): An ordinance to amend Article III Parking Meters and Electronic Payment Stations of Chapter 72 Parking Regulations by amending §72.99 Penalties. This ordinance was left on the First Reading at the May 4, 2010 City Council meeting. Left on the First Reading 5. Parking Program Personnel: A resolution approving a budget adjustment in the amount of$498,542.00 for the implementation and funding of the parking program in the Entertainment District Parking Zone and approving the addition of 2.5 full-time equivalent positions in the Parking Management Division for the 2010 budget. This resolution was tabled at the May 4, 2010 City Council meeting to the June 1, 2010 City Council meeting. C. New Business: 1. Amend §72.02 Impoundment Procedures: An ordinance to amend §72.02 Impoundment Procedures of the Code of Fayetteville to clarify when the Police may initiate a nonconsensual tow of a vehicle. 2. §94.09 Sale of Fireworks: An ordinance to amend Article I General Provisions of Chapter 94 Fire Prevention of the Fayetteville City Code by repealing §94.05 Sale and Use of Fireworks and enacting a new §94.09 Sale of Fireworks. 3. Amend Chapter §163.14 Revocation or Change of Conditional Use: An ordinance amending §163.14 of the Unified Development Code to permit a periodic review of conditional use permits as described herein. 4. Amend Chapter 178 Outdoor Vendors: An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 178: Outdoor Vendors to allow for the sale of locally produced arts and crafts by outdoor vendors on public sidewalks and to permit consideration of larger vending carts for specific locations as a conditional use permit by the Planning Commission. 5. National Bike to Work Week: A resolution to encourage Fayetteville citizens to participate in National Bike to Work Week and to make Fayetteville even more bicycle- friendly. Announcements: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 1. City Council Tour: None Adjournment: 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 spear 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 ILSE �A\ TTTr T T Fel -t.i... �R.�F.o-.�R...r- � �-=�.f� E. J nd Chapter 72 ,i.. 99 Penalties) THE CIN OF FAYETTEVILLE,ARKANSAS 5 ag 1 of KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY ],q, DEPARTMENTAL CORRESPONDENCE 4YV,, *J Uo t , 7a (7A ?jFt',nP°,AEGAL DEPARTMENT TO: Alderman Bobby Ferrell FROM: Kit Williams, City Attorney DATE: May 6, 2010 RE: Limiting increased penalties for overparking to previous violations within preceding 12 months Please see the proposed changes in bold in the attached ordinance (§72.99). I believe this should accomplish your goal to apply the increasing penalties for second, third and subsequent offenses only if the previous offenses occurred within the preceding 12 months. Thus, alumni returning for a football game would "start over" at the first offense level and not be penalized for "youthful indiscretions" of overtime parking while students by being hit with the largest fine. If this is satisfactory, please let me know and I will have copies for you to hand out at the Agenda or regular City Council meeting. B.4 AGENDA REQUEST Amend Chapter 72 (§72.99 Penalties) Page 2 of 4 FOR: COUNCIL MEETING OF JUNE 1, 2010 FROM: ALDERMAN BOBBY FERRELL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Article III Parking Meters And Electronic Payment Stations Of Chapter 72 Parking Regulations By Amending § 72.99 Penalties APPROVED FOR AGENDA: Bobby Ferrell, Alderman Date it Williams, City Attorney Date (as to form) B.4 Amend Chapter 72 (§72.99 Penalties) Page 3 of 4 ORDINANCE NO. AN ORDINANCE TO AMEND ARTICLE III PARKING METERS AND ELECTRONIC PAYMENT STATIONS OF CHAPTER 72 PARKING REGULATIONS BY AMENDING § 72.99 PENALTIES 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 amends §72.99(B) Penalties by repealing it in its entirety and enacting a replacement §72.99(B)Penalties and a new subsection (C) as shown below: "(B) The penalty for each violation of §§72.13, 72.57 or 72.580) shall be $10.00, if paid before the issuance of a summons, citation, or arrest warrant; otherwise, the penalty for each violation of §§72.13, 72.57, or 72.580) shall be $35.00; provided the penalty for each violation of§§72.13, 72.57, or 72.580) for a second offense committed within 12 months of the first offense shall be $15.00 if paid before the issuance of a summons, citation, or arrest warrant; otherwise the penalty for each violation of§§72.13, 72.57, or 72.58(J) shall be $40.00; provided the penalty for each violation of §§72.13, 72.57, or 72.580) for a third or subsequent offense committed within 12 months of two previous offenses shall be $25.00 if paid before the issuance of a summons, citation, or arrest warrant; otherwise the penalty for each violation of §§72.13, 72.57, or 72.58(J) shall be $50.00. 1 B.4 Amend Chapter 72 (§72.99 Penalties) Page 4 of 4 "(C) Parking citations for overtime parking may not be written for the same vehicle in the same space more than three times per day." PASSED and APPROVED this 1st day of June,2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 F YET'T'EVILLE �� �� �%�Ar�A� • Lld 0THE CIN OF FAYETTEVILLE,ARKANSAS f•; d nlPfOCedUfBS 4 KIT WILLIAMS,CITY ATTORNEY f` DAVID WHITAKER,ASST.CITY ATTORNEY ,'' 's - cktC• erc£ ••u' " r.«E': ��ez„�.,y.^ DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council CC: Greg Tabor, Police Chief FROM: Kit Williams, City Attorney DATE: May 11, 2010 RE: Minor adjustment to §72.02 Amendment With the permission of Mayor Jordan and Alderman Petty, I have made further recommended amendments to the §72.02 Amendment in your packet. The additional amendments are as follows: (A)(4) In order to allow the Mayor or his designee (Parking?) to reduce the cost to the owner of cars that must be towed out of a city lot to make room for a special event or reserved parking, I inserted the last sentence: "The Mayor or mayor's designee may also order such illegally parked vehicle in a city parking lot to be towed at the vehicle owner's expense.” Thus, an overparked vehicle in a paid parking city lot would be treated identically to a vehicle in a paid parking private lot with tows of$60 instead of a police initiated tow at a minimum of$100. (A)(5) This subsection is to expressly authorize the police department to have a difficult to tow vehicle that a private parking lot property owner needs to be moved immediately nonconsensually towed by the police authorized towing company. So if the normal towing company for the private lot cannot tow such a vehicle, "the police officer may initiate a nonconsensual tow using the police department's normal towing company." I believe this will be a very rare occasion, but it is possible such an event could occur so we should authorize a solution to this potential problem. C. 1 Amend§72.02 Impoundment Procedures Page 2 of 4 ORDINANCE NO. AN ORDINANCE TO AMEND §72.02 IMPOUNDMENT PROCEDURES OF THE CODE OF FAYETTEVILLE TO CLARIFY WHEN THE POLICE MAY INITIATE A NONCONSENSUAL TOW OF A VEHICLE WHEREAS, the Fayetteville Police Department needs clear authority to initiate nonconsensual tows of vehicles obstructing driveways, over-parked in city owned lots, and for other good reasons; and WHEREAS, the owners of any such vehicle which has been towed should have the same rights to prompt post-deprivation hearing as provided for vehicles immobilized for parking violations. 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 amends §72.02 by repealing its title and subsection (A) and enacting a new title and subsections (A) and (D) as shown below: "72.02 Nonconsensual,Police-initiated Towing, Storage and Impoundment Procedures " (A) In addition to ticketing an illegally parked vehicle, the police department is hereby authorized to initiate a nonconsensual tow or otherwise remove a vehicle from a highway, street, street right-of-way, or city parking lot and have it towed to a storage facility within Fayetteville or within three miles of the city limits under the following circumstances: (1) When any vehicle is left unattended upon any bridge, viaduct or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic. C. 1 Amend§72.02 Impoundment Procedures Page 3 of 4 (2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal. (3) When any vehicle is parked illegally and left unattended upon a street or street right-of-way, and (a) constitutes a hazard or obstruction to the normal movement of traffic on the street, (b) obstructs a driveway or access to a fire hydrant, (c) is parked in a prohibited area or tow away zone that is so designated by a sign or other official markings, or (d) is parked continuously upon any street for more than seventy-two hours. (4) When any vehicle is parked beyond the period allowed in a city parking lot and the parking space is needed for reserved parking or a special event or if parked more than 24 continuous hours beyond the period allowed. The Mayor or mayor's designee may also order such illegally parked vehicle in a city parking lot to be towed at the vehicle owner's expense." (5) If a difficult to tow vehicle that cannot reasonably be towed by the property owner's normal towing company needs to be removed from a private parking lot,the parking lot owner may request the police department to initiate a nonconsensual tow. If the police officer agrees that the vehicle presents an unusual and difficult towing situation and the property owner presents facts to support a substantial need for the immediate removal of the vehicle,the police officer may initiate a nonconsensual tow using the police department's normal towing company." "(D) The owner or lessee of any vehicle towed or impounded pursuant to this section is entitled to a prompt post-deprivation hearing and all rights thereunder as provided in §72.58(L). The owner or lessee of any vehicle properly towed pursuant to this section shall be required to pay the towing and storage costs." PASSED and APPROVED this 18th day of May, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH,City Clerk/Treasurer C. f Amend§72.02 Impoundment Procedures Page 4 of 4 AGENDA REQUEST Q Natio ike to Work Week Page I�of 6 FOR: COUNCIL MEETING OF MAY 18, 2010 FROM: ALDERMAN KYLE COOK ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Encourage Fayetteville Citizens To Participate In National Bike To Work Week And To Make Fayetteville Even More Bicycle-Friendly APPROVED FOR AGENDA: Z.2 41 In Kyle,took Date Alderman City Attorney Date (as to form) FAYETTEVILT E Na al B to Work Week jJ ag 2 of THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council CC: John Coleman, Sustainability Director FROM: Kit Williams, City Attorney DATE: May 11, 2010 RE: Bike To Work Week Resolution Alderman Kyle Cook asked that I prepare the attached Resolution to support Fayetteville becoming even more `Bicycle-Friendly." John Coleman has invited City Staff to join in National Bike To Work Week (next week) and so I included support for that within Kyle's Resolution (with his consent). Attached not only is the Resolution, but the information sheets entitled "Bicycle-Friendly Community Action Plan for the City of Fayetteville, Arkansas" that Kyle provided to me. Kyle reports Fayetteville has previously been awarded an Honorable Mention as a "Bicycle-Friendly Community". Kyle believes we can improve our standings if we can accomplish some of the goals of the Action Plan for Bicycle-Friendly Communities. I plan to participate in Bike To Work Week for the City next week as we strive to increase the percentage of city staff participating. John Coleman is organizing this effort and will be recognizing the longest rider, etc. I might be in the money for the most out-of-shape, oldest rider. John invites you and all city officials, employees and citizens to gather on the Square at 5:30 p.m. on Monday, May 17th for a ride to Mellow Mushroom for specially priced appetizers, etc.