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Home My WebLink About2008-08-19 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting August 19, 2008 A meeting of the Fayetteville City Council will be held on August 19, 2008 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: 1. Walton Arts Center's Yearly Report given by Terri Trotter, Interim President/CEO and City of Fayetteville Appointee Curt Rom 2. Quarterly Report of Financial Condition of the City—City Clerk Agenda Additions: NONE A. Consent: 1. Approval of the August 5, 2008 City Council meeting minutes. APPROVED. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. Bid # 08-59 Thompson Culvert Company: A resolution awarding Bid # 08-59 to Thompson Culvert Company in the amount of $26,489.40 for the purchase of a pedestrian bridge for the Wilson Park Trail; and approving a project contingency in the amount of$1,986.70. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 158-08. 3. Southern Disposal, Inc: A resolution authorizing the Mayor to execute a contract with Southern Disposal, Inc. to haul and dispose of solid waste in the City limits of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 159-08. 4. Nelson Engineering: A resolution to approve a contract with Nelson Engineering in the amount of $36,100.00 to provide engineering services for the West Fork Water Quality Monitoring Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 160-08. 5. Don Taylor Representation: A resolution to authorize the continuation of the representation by Don Taylor of the defense of the Romine case. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 161-08. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: NONE. 2. Amend Chapter 174 Signs: An ordinance to amend Unified Development Code Ch. 174.08, Prohibited Signs, to allow "A" frame sandwich/menu board signs under certain conditions. This ordinance was left on the First Reading at the August 5, 2008 City Council meeting. Left on the First Reading PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5166. 3. R-PZD 08-2980, Markham Hill Cottage Courts: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2980, Markham Hill Cottage Courts, located north of Maine Street, between Sang and Cross Avenue; containing approximately 2.54 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the Second Reading at the August 5, 2008 City Council meeting. Left on the Second Reading PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5167. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. Amend § 161.23, Neighborhood Conservation: An ordinance to amend § 161.23 Neighborhood Conservation to add Use Unit 26, Multi-family dwellings as conditional use. This ordinance was left on the Second Reading at the August 5, 2008 City Council meeting. Left on the Second Reading THIS ITEM FAILED. C. Public Hearing: 1. Raze and Removal at 402 E. Center Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Tiffany R. Major located at 402 E. Center Street in the City of Fayetteville, Arkansas; and approving a budget adjustment in the amount of$4,945.00. THIS ITEM WAS TABLED TO THE SEPTEMBER 2, 2008 CITY COUNCIL MEETING. D. New Business: 1. Fayetteville Municipal Property Owners' Improvement District No. 31 —Edgewater Park Subdivision Infrastructure Project: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 31 —Edgewater Park Subdivision Infrastructure Project. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5168. 2. Economic Development Strategic Plan: A resolution authorizing the Mayor to execute a letter of agreement with the University of Arkansas Technology Development Foundation (UATDF) to cost-share the preparation of an Economic Development Strategic Plan in an amount not to exceed $75,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 162-08. 3. VAC 08-3042 (U of A Research Center): An ordinance approving VAC 08-3042 submitted by Allen Jay Young Development Consultants, Inc. for property located north of Research Center Boulevard and west of South School Avenue to vacate a portion of a water and sewer easement and a portion of a drainage easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5169. 4. ANX 08-3036 (Fayetteville Farmington Land Swap): An ordinance simultaneously detaching territory from the City of Farmington and annexing said territory into the City of Fayetteville, pursuant to A.C.A § 14-40-2101. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 5. ANX 08-2899 (Frank Sharp): An ordinance annexing that property described in annexation petition ANX 08-2899 (CC2008-38), for property located 0.5 mile south of Highway 62 West and east of Holland Drive, containing approximately 53.53 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5170. 6. Sharp Property Rezoning Appeal: An ordinance rezoning that property described in rezoning petition RZN 08-2900, for approximately 53.53 acres, located 0.5 mile south of Highway 62 West and east of Holland Drive from R-A, Residential Agricultural, to RSF- 1, Residential Single-Family, 1 unit per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5171. 7. ANX 08-2897 (Southpass Development): An ordinance annexing that property described in annexation petition ANX 08-2897 (CC2008-38), for property located west of I-540 and Cato Springs Road, containing approximately 855.97 acres. THIS ITEM WAS TABLED INDEFINITELY. Announcements: 1. City Council Tour: None Adjournment: Meeting adjourned at 7:25 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: Augm- A9, 2008 _adjourn: Subject: Roll Cook V' Allen Rhoads Ferrell Lucas r Jordan Gray Thiel Mayor Coody Subject: Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody City Council Meeting: AuguN `t9, 2008 Subject: Consent Motion To: n Motion By: �T Seconded: J&- / 8 Cook tj 16145 Allen ✓ Rhoads ✓ Ferrell ✓ Lucas Jordan Gray �✓ Thiel Mayor Coody 8-v Subject: Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody City Council Meeting: Augur_ A19, 2008 Subject: Hiring Freeze Appeals: Of/� Motion To: v Motion By: Seconded: B. 1 Cook Unfinished Allen Business Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody Subject: Hiring Freeze Appeals: Motion To: Motion By: Seconded: B. 1 Cook Unfinished Allen Business Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody City Council Meeting: Augur. 19, 2008 Subject: Amend Chapter 174 Signs Motion To: tD Motion By: Seconded: B. 2 Cook Unfinished Allen Business Rhoads ,/ ✓ Ferrell ✓ �/ Lucas Jordan ------ Gray r/ ,,/ t/'' ✓ Thiel ✓ �� Mayor Coody Subject: R-PZD 08-2980, Markham Hill Cottage Courts Motion To: Motion By: Seconded: B. 3 Cook %/ Unfinished Allen 100-� Business Rhoads Ferrell Lucas Jordan ✓'' �,/ Gray � � Thiel �0 Mayor Coody V-0 City Council Meeting: Angus_ L'9, 2008 ' Subject: Amend § 161.23, Neighborhood Conservation Motion To: Motion By: Seconded: ®p B. 4 Cook Unfinished Allen ,/ ,� Business Rhoads Ferrell ,/ „S Lucas V' Jordan U� Gray Thiel Mayor Coody Subject: Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody City Council Meeting: Augur_ 9, 2008 Subject: Raze and Removal at 402 E. Center Street Motion To: Motion By: Seconded: C. l Cook Public Allen Hearing Rhoads Ferrell Lucas 'Ttp,j 4'b Jordan v� Z „;Zs Gray ��,;Zob9 Thiel Mayor Coody g- Subject: Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody City Council Meeting: Angus. 19, 2008 Subject: Fayetteville Municipal Property Owners' Improvement District No. 31 — Edgewater Park Motion To: R Pa, Motion By: J Seconded: D. 1 Cook New Allen Business Rhoads �/ ,/ ✓ Ferrell Lucas to ' Jordan ✓ Q✓ �. Gray ,/ ,/ ✓ Thiel a✓ �� ' �p S Mayor Coody Subject: Economic Development Strategic Plan Motion To: r Motion By: Seconded: D. 2 Cook New Allen Al Business Rhoads Ferrell Lucas VIIII, Jordan ✓ Gray Q Thiel Vlor (D�f�" Mayor Coody City Council Meeting: Augur_ 9, 2008 Subject: VAC 08-3042 (U of A Research Center) Motion To: jJ WX ej Pat,4,) Motion By: Seconded: D. 3 Cook New Allen Business Rhoads V0010" Ferrell Lucas Jordan Gray Thiel Mayor Coody Subject: ANX 08-3036 (Fayetteville Farmington Land Swap) Motion To: and Motion By: Seconded: D. 4 Cook New Allen Business Rhoads Ferrell P/ on Lucas Jordan ✓' n� Gray Q 6 (�A Thiel Mayor Coody � o City Council Meeting: Augur.-i9, 2008 Subject: ANX 08-2899 (Frank Sharp) Motion To: 2bd &J .� Motion By: Seconded: „ D. 5 Cook ✓ ,/ New Allen ✓ W0010" Business Rhoads ,/ Lo� ` ✓ Ferrell ✓ Lucas PAA Jordan ,/� �°' V✓ Gray ,,/� ate`°" ✓ Thiel ✓ Mayor Coody Subject: Sharp Property Rezoning Appeal Motion To: o� nd k,,J Motion By: Q-a4dav,-, Seconded: D. 6 Cook ✓ Vol' New Allen ✓ �' Business Rhoads ✓ r/" ,/ Ferrell ✓ Lucas �/ ,/ " ✓ PJordan ,� ,✓ Gray Thiel ✓ ✓ Mayor Coody V'o ~0 City Council Meeting: Auguhl_ 19, 2008 Subject: ANX 08-2897 (Southpass Development) Motion To: Motion By: Seconded: &A6taA,J D. 7 Cook New Allen ✓ Business Rhoads ✓ Ferrell Lucas Jordan in r�ec ray Thiel Mayor Coody Subject: Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting August 19, 2008 A meeting of the Fayetteville City Council will be held on August 19, 2008 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: 1. Walton Arts Center's Yearly Report given by Terri Trotter, Interim President/CEO and City of Fayetteville Appointee Curt Rom 2. Quarterly Report of Financial Condition of the City—City Clerk Agenda Additions: A. Consent: 1. Approval of the August 5, 2008 City Council meeting minutes. 2. Bid # 08-59 Thompson Culvert Company: A resolution awarding Bid # 08-59 to Thompson Culvert Company in the amount of $26,489.40 for the purchase of a pedestrian bridge for the Wilson Park Trail; and approving a project contingency in the amount of$1,986.70. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Southern Disposal, Inc: A resolution authorizing the Mayor to execute a contract with Southern Disposal, Inc. to haul and dispose of solid waste in the City limits of Fayetteville. 4. Nelson Engineering: A resolution to approve a contract with Nelson Engineering in the amount of $36,100.00 to provide engineering services for the West Fork Water Quality Monitoring Project. 5. Don Taylor Representation: A resolution to authorize the continuation of the representation by Don Taylor of the defense of the Romine case. B. Unfinished Business: 1. Hiring Freeze: Hiring Freeze Appeals: 2. Amend Chapter 174 Signs: An ordinance to amend Unified Development Code Ch. 174.08, Prohibited Signs, to allow "A" frame sandwich/menu board signs under certain conditions. This ordinance was left on the First Reading at the August 5, 2008 City Council meeting. Left on the First Reading 3. R-PZD 08-2980, Markham Hill Cottage Courts: An ordinance establishing a Residential Planned Zoning District titled R-PZD 08-2980, Markham Hill Cottage Courts, located north of Maine Street, between Sang and Cross Avenue; containing approximately 2.54 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. This ordinance was left on the Second Reading at the August 5, 2008 City Council meeting. Left on the Second Reading 4. Amend § 161.23, Neighborhood Conservation: An ordinance to amend § 161.23 Neighborhood Conservation to add Use Unit 26, Multi-family dwellings as conditional use. This ordinance was left on the Second Reading at the August 5, 2008 City Council meeting. Left on the Second Reading C. Public Hearing: 1. Raze and Removal at 402 E. Center Street: A resolution ordering the razing and removal of a dilapidated and unsafe structure owned by Tiffany R. Major located at 402 E. Center Street in the City of Fayetteville, Arkansas; and approving a budget adjustment in the amount of$4,945.00. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org D. New Business: 1. Fayetteville Municipal Property Owners' Improvement District No. 31 —Edgewater Park Subdivision Infrastructure Project: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 31 —Edgewater Park Subdivision Infrastructure Project. 2. Economic Development Strategic Plan: A resolution authorizing the Mayor to execute a letter of agreement with the University of Arkansas Technology Development Foundation (UATDF) to cost-share the preparation of an Economic Development Strategic Plan in an amount not to exceed $75,000.00. 3. VAC 08-3042 (U of A Research Center): An ordinance approving VAC 08-3042 submitted by Allen Jay Young Development Consultants, Inc. for property located north of Research Center Boulevard and west of South School Avenue to vacate a portion of a water and sewer easement and a portion of a drainage easement. 4. ANX 08-3036 (Fayetteville Farmington Land Swap): An ordinance simultaneously detaching territory from the City of Farmington and annexing said territory into the City of Fayetteville, pursuant to A.C.A §14-40-2101. 5. ANX 08-2899 (Frank Sharp): An ordinance annexing that property described in annexation petition ANX 08-2899 (CC2008-38), for property located 0.5 mile south of Highway 62 West and east of Holland Drive, containing approximately 53.53 acres. 6. Sharp Property Rezoning Appeal: An ordinance rezoning that property described in rezoning petition RZN 08-2900, for approximately 53.53 acres, located 0.5 mile south of Highway 62 West and east of Holland Drive from R-A, Residential Agricultural, to RSF- 1, Residential Single-Family, 1 unit per acre. 7. ANX 08-2897 (Southpass Development): An ordinance annexing that property described in annexation petition ANX 08-2897 (CC2008-38), for property located west of I-540 and Cato Springs Road, containing approximately 855.97 acres. Announcements: 1. City Council Tour: None Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org AU A.5 CITY ATTORNEY AGENDA REQUEST Don Taylor Re pre ge Paon ge 6 FOR: COUNCIL MEETING OF AUGUST 19, 2008 FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Authorize The Continuation Of The Representation By Don Taylor Of The Defense Of The Romine Case APPROVED FOR AGENDA: C' ttorne Date r, , ,ZAe Mayor Date A.5 FAYETTEVILLE Paa en2 of ge 2 of 6 THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council CC: David Jurgens, Water & Wastewater Director Don Taylor, Attorney Peggy Vice, Purchasing Manager FROM: Kit Williams, City Attorney DATE: August 12, 2008 RE: Romine v. City of Fayetteville : Attorney Don Taylor I am happy to report that Judge Gunn has now signed the Order Granting Summary Judgment To David Jurgens pursuant to the Arkansas Supreme Court's mandate and opinion. I have attached this Order. Don Taylor of the Davis, Wright, Clark, Butt & Carithers law firm has represented David over a year and has done considerable trial preparation (depositions, discovery, motions, etc.) when we believed the case was about to be tried last year. It was not tried then so that Don with the help of Connie Clark could appeal his Motion For Summary Judgment to the Arkansas Supreme Court. This very complex case, with several different types of claims against the City still viable and numerous expert witnesses to be presented, is scheduled for a four-day jury trial in October. Don and I have worked together for David and the City over last year. I have been impressed by his diligence, intelligence and understanding of the difficult issues in this case. As we prepare for trial again, 1 would be greatly assisted in the defense of the City if Don Taylor remained involved as co-counsel for the City. Don has agreed to represent the City for the same reasonable fees he has been paid during his representation of David Jurgens. I believe this would be money very well spent as the plaintiff is demanding very substantial damages. I am ..... .. .. .. ....... .. .. ... .. . . . . ... . . ... .. .. . . .. A.5 Don Taylor Representation Page 3 of 6 presenting the attached Resolution for your consideration authorizing Mr. Taylor's representation of the City. On a final note, I was successful on Friday, August 8, 2008, in the City's Motion To Dismiss Punitive Damage Claims Against the City. There is no Supreme Court case or statute directly answering whether punitive damages could be awarded against cities in Arkansas. Fortunately, Judge Gunn agreed with the City and the United States Supreme Court (in a related, but not controlling case) that it is neither good public policy nor just to award punitive damages to a fully compensated plaintiff when the punitive damages would likely punish innocent taxpayers by reducing services or requiring additional taxes. Judge Gunn also agreed with the City's Response and brief and denied Plaintiff's Motion To Stay the Mandate of the Arkansas Supreme Court. A.5 Don Taylor Representation Page 4 of 6 RESOLUTION NO. A RESOLUTION TO AUTHORIZE THE CONTINUATION OF THE REPRESENTATION BY DON TAYLOR OF THE DEFENSE OF THE ROMINE CASE WHEREAS, Don Taylor has ably represented David Jurgen for more than a year during depositions, motions and a successful appeal in the Romine v. City of Fayetteville, et al. case; and WHEREAS, the City of Fayetteville would be benefited by Don Taylor's intimate and extensive knowledge of the facts and law surrounding this complex case if he was retained to help try this four-day jury trial case scheduled for October of this year; and WHEREAS, Don Taylor has agreed to continue his representation on the same hourly basis as his previous representation of David Jurgens, and the City Attorney recommends that the City Council authorize his continued representation through the trial and any necessary appeal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby authorizes the continued representation by attorney Don Taylor of the Davis, Wright, Clark, Butt and Carithers law firm for the defense of the City of Fayetteville in the Romine v. City of Fayetteville, et al case. PASSED and APPROVED this 19th day of August, 2008. APPROVED: ATTEST: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.5 Don Taylor Representation Page 5 of 6 m� IN THE CIRCUIT COURT OF WASHINGTON t%U,- �p AW(ANSAS CIVIL DIVISION Z888AUG -7 PH 4: 28 JEANNY ROMINE PLAINTIFF W'4'St-1;fdtal tl14 CG AR V. Case No. CV-05-122q! CG'!7 CLERK . CITY OF FAYETTEVILLE, ARKANSAS, MARK RISK, DAVID FOURNET,ANDREA FOURNET and DAVID JURGENS DEFENDANTS ORDER GRANTING SUMMARY JUDGMENT In compliance with the opinion of the Arkansas Supreme Court delivered May 1, 2008 and the Mandate of the Supreme Court filed herein on June 6, 2008, for the reasons set forth in said Supreme Court opinion,summary judgment is hereby granted in favor of David Jurgen and the plaintiff's Complaint,with all amendments thereto against David Jurgens, are hereby dismissed with prejudice. Further, pursuant to the Mandate of the Arkansas Supreme Court,Judgment is hereby rendered in favor of the City of Fayetteville and David Jurgen against Jeanny Romine in the amount of costs assessed by the Supreme Court of$2,929.20,said amount to bear interest at the highest lawful rate from and after the date of this Order. IT IS SO ORDERED. Hon. Mary Ann unn A.5 Don Taylor Representation Page 6 of 6 B.2 FAYETTEVILLE r age Signs Page 1 of 4 THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CTTY ATTORNEY DAVID WMAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council CC: Jeremy Pate, Director of Current Planning FROM: Kit Williams, City Attorney � /�. /LA— DATE: LA DATE: August 13, 2008 RE: A-Frame signs Fayetteville is probably the only city in Arkansas that no longer has billboards. Even though Springdale and other cities are taking measures to restrict or eliminate new billboards from being erected, their citizens are stuck with all their existing billboards. Removing the billboards from Fayetteville was popular with most citizens, but opposed and fought by some business interests. Our sign ordinance survived many legal challenges that went all the way to the Arkansas Supreme Court and one more recent challenge to the Eighth Circuit Court of Appeals. Therefore, I need to evaluate every proposed change to ensure it does not inadvertently weaken the legal basis for our sign ordinance or its constitutionality. The most important restriction preventing the return of billboards is the sign ordinance's prohibition against off-site advertising. Thus, our ordinance allows many types of signs, including very large wall signs advertising the business at the business location. But we do not allow signs at one business location to advertise another business or commercial product. If we violate this fundamental prohibition against off-site advertising, a national law firm specializing in suing cities to force them to allow billboards and. pay damages could sue Fayetteville under an equal protection of the laws argument. We should not take that risk by allowing product placement advertising (the logos, ads or slogans of Coke, Pepsi, Bud, Miller, etc.) on A-Frame signs that B.2 Amend Chapter 174 Signs Page 2 of 4 are supposed to inform pedestrians of that restaurant's menu items and lunch specials. Without such prohibition, I could see one whole side of A-Frame signs devoted to advertising "Coke" or "Pepsi" with the restaurants even getting paid by Coke or Pepsi for this advertising. Not only is this not what I believe the restaurants have sought from the City Council, it also would significantly weaken the consistency and legal support for our sign ordinance. CONCLUSION I completely concur and agree with Alderman Nancy Allen's effort to promote the walkability of the downtown area and the viability of restaurants which wish to advise pedestrians of their menu or daily specials. Director of Current Planning Jeremy Pate's revised proposal will completely accomplish Alderman Allen's goal where such an A-Frame sign will not make a sidewalk noncompliant with the Americans With Disability Act. It also remains consistent with our decades old Sign Ordinance's prohibition against off-site advertising which helps ensure our billboard ban cannot be successfully challenged. Please amend the ordinance by amending Exhibit A to the revised language submitted by Jeremy Pate with the final agenda. B.2 Amend Chapter 174 Signs Page 3 of 4 7aye ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 To: City Council,Mayor Dan Coody p From: Jeremy Pate,Director of Current Planning Xt Date: 13 August 2008 Subject: A-Frame Sign Ordinance As discussed at the last City Council meeting, I have worked with the City Attorney to address some of the concerns voiced by City Council members and to remove the potential legal issues for this sign ordinance amendment regarding discretionary actions that could be challenged in court.It is important to note that our sign ordinance has been challenged in court on numerous occasions,not all of which were successful for the City. In order to maintain the integrity of this important ordinance,staff always strives to vet each and every amendment as much as possible. Staff does support this sign ordinance amendment,and believes it will not detract from or clutter the visual environment and pedestrian movement in our City. Rather, it may provide opportunity for increased business for those eating establishments that are not as readily visible. Attached is the proposed ordinance, with changes,which we recommend that you adopt. Please feel free to contact me with any questions. K:Ueremy1 UDCAmendmenrs120081Ch 174 Skm W-Frame Amendmencdoc B.2 Amend Chapter 174 Signs Page 4 of 4 Exhibit"A" ADM 08-3055 Chapter 174.08 (C)of the Unified Development Code shall be repealed and the following placed in its stead: §174.08 Prohibited Signs (C)Portable swinger or temporary attraction sign boards. It shall be unlawful for any person to continue to display or erect any portable swinger, "A" frame, sandwich, or temporary attraction sign board in the city,except under the following conditions: (1) One (1) freestanding, "A" frame sandwich/ menu board for a single permitted business eating establishment may be permitted on a commercially zoned lot or on the adjacent public or private sidewalk in front of the respective business for the duration of the business' hours of operation. The temporary sign shall be removed and placed inside after business hours. (2) The peftnitted sign may net iRte6ere with pedestrian e as determined by the Si Administrator. Should the Sign Adrafflistfater detefmine said sign inter&res Wit-11 The sign shall be placed such that the sidewalk remains ADA compliant, and for signs located on the public sidewalk there shall be a minimum of five feet of the total sidewalk width free and clear, to provide adequate and unobstructed pedestrian movement. (3) The permitted sign shall only advertise for the adjacent business eating establishment, and is to be utilized for display of menu items or advertised specials. The sign may not be utilized for product placement or to advertise for other commercial or business establishments. (4) The size of the sign shall be limited to 36"tall by 24"wide. (5) No sign may be displayed or erected that swings, rotates, flashes, fluctuates, or is illuminated,or in any other manner that would violate the provisions of§174.08. 4 `�� !.S SIE •} J�� /�S.f D. 1 Fayetteville Municipal Property City of Fayetteville Owners'Improvement District No.31 Staff Review Form —Edgewater Park Subdivision Infrastructure Project City Council Agenda Items Page 1 of 14 or Contracts August 19, 2008 City Council Meeting Date Sondra Smith/Amber Wood City Clerk City Clerk Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 31 - Edgewater Park Subdivision Infrastructure Project. This petition is being filed under the Arkansas Municipal Property Owners' Improvement District law. Arkansas Code Ann. Sec. 14-94-101 et seq. The petition is being filed by S. Richard Levin on behalf of the Improvement District. N/A N/A N/A Cost of this request Category/Project Budget Program Category/Project Name N/A N/A N/A Account Number Funds Used to Date Program/Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item NIA Budget Adjustment Attached N/A I� �O� Previous Ordinance or Resolution# Department Director ate Original Contract Date: Original Contract Number: City Attorney Date Received in City Clerk's Office Finance an Internal Service Director Date Received in Mayor's Office a / ,O VA Mayor Date Comments: D. 1 • Fayetteville Municipal Property �� Owners'Improvement District vis o31 nEdgewater Park Subdivisionryelty Infrastructure Project RECEIVED P e2 of 14 NSAS 113 West Nlountaln Fayetteville,AR 72701 AUG 8 2008 Telephone:(479)575-8323 CITY OF FAYMEVILLE Fax:(479)718-7695 MAYOR'S OFFICE city_clerk@ci.fayetteville.ar.us City Clerk/Treasurer Division August 8, 2008 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville,AR 72701 RE: Petition to form Fayetteville Municipal Property Owners', Improvement District No. 31- Edgewater Park Subdivision Infrastructure Project Dear Mayor: Pursuant to Arkansas Code Ann. Sec. 14-94-105 (e)(3), you are hereby notified that the enclosed Petition to form Fayetteville Municipal Property Owners' Improvement District No. 31 —Edgewater Park Subdivision Infrastructure Project has been filed in the office of the.Fayetteville City Clerk. Pursuant to Ark. Code Ann. Sec. 14-94-106 (a)(1), I hereby present you with the Petition. 'uaJV Amber Wood Deputy City Clerk cc: Kit Williams, City Attorney James N.McCord D. 1 Fa ettevilie Municipal Property Owners'I d rQLkMED Infrastructure Project AUG 0 g4Wf 14 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE August 7,2008 Sondra Smith VIA HAND DELIVERY Fayetteville City Clerk Fayetteville City Hall 113 W.Mountain St. Fayetteville, AR 72701 Re: Petition to Form Fayetteville Municipal Property Owners' Improvement District No._-Edgewater Park Subdivision Infrastructure Project Dear Ms. Smith: Enclosed for filing in the office of the Fayetteville City Clerk are three executed counterparts of a Petition to Form Fayetteville Municipal Property Owners'Improvement District No._-Edgewater Park Subdivision Infrastructure Project. Please file mark each Petition,retain one for the City's permanent file and presentation to the Mayor,and return the other counterparts to me.The Petition is being filed under the Arkansas Municipal Property Owners' Improvement District law, Ark. Code Ann. Sec. 14-94- 101 et seq. Ark. Code Ann. Sec. 14-94-106 provides: (a)(1)Upon the filing of the petition with the clerk, it shall be the duty of the clerk to present the petition to the mayor. (2)The mayor shall thereupon set a date and time not later than fifteen (15) days after the date of the presentation of the petition to the mayor, for a hearing before the governing body for consideration of the petition. (b)(1)At the hearing, it shall be the duty of the governing body to hear the petition and to ascertain whether those signing the petition constitute all the owners of the real property to be located in the district. (2) If the govrning body determines that all the owners of the real property to be located in the district have petitioned for the improvements, it shall be its duty by ordinance to establish and lay off the district as defined in the petition and to appoint the commissioners named in the petition. 3996 N.Frontage Rd.,Suite 3 Fayetteville,Arkansas 72703 479-695-61oo Fax.1-866-525-1503