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Home My WebLink About2009-05-19 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petry Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting May 19, 2009 A meeting of the Fayetteville City Council will be held on May 19, 2009 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: A. Consent: 1. Approval of the May 5, 2009 City Council meeting minutes. APPROVED 2. Bid # 09-33 Wayest Safety Inc.: A resolution to approve the lowest responsible bid from Wayest Safety, Inc. for the purchase of 44 complete, self-contained breathing apparatus' (SCBA), and extra cylinders for $261,998.35 plus a contingency of $28,001.65 to purchase additional masks, amplifiers and clamps. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 105-09. 3. Doc Mashburn Park Grant: A resolution to accept an Arkansas Parks and Tourism matching grant in the amount of$50,000.00 for development of Doc Mashburn Park and to approve a budget adjustment to recognize this revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 106-09. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. High Intensity Drug Trafficking Area Grant: A resolution authorizing the Fayetteville Police Department to accept additional funding through the 2007 Gulf Coast High Intensity Drug Trafficking Area Grant in the amount of $20,000.00 to support investigations; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 107-09. 5. Community Development Block Grant Program: A resolution to approve a budget adjustment to recognize $28,233 from the Community Development Block Grant Program for the Yvonne Richardson Community Center. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 108-09. 6. Identity Theft Prevention Program: A resolution approving and adopting Policy and Procedure No. BC-04 "Identity Theft Prevention Program" to comply with provisions of the Fair and Accurate Credit Transactions (FACT) Act. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 109-09. 7. Sweetser Construction, Inc.: A resolution to approve a construction contract with Sweetser Construction, Inc. in the amount of $3,773,418.22 for widening and improvements to Mount Comfort Road and to approve a contingency in the amount of $377,340.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 110-09. 8. 2009 Recreational Trails 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. 111-09. B. Unfinished Business: 1. Social Media Communication: A resolution to include social media in citizen communications. This resolution was tabled at the April 21, 2009 City Council meeting to the May 19, 2009 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 112-09. 2. Runway Safety Area Improvement Project Grants: A resolution authorizing the Fayetteville Executive Airport staff to apply for and accept grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics to fund the Runway 16 Runway Safety Area Improvement Project; and approving a budget adjustment recognizing the grant revenue. This resolution was tabled at the May 5, 2009 City Council meeting to the May 19, 2009 City Council meeting. THIS ITEM WAS TABLED TO THE JUNE 2, 2009 CITY COUNCIL MEETING. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Bid # 09-34 Runway Safety Area Improvement Project: A resolution awarding Bid # 09-34 and approving a contract with Sweetser Construction, Inc. in the amount of $969,325.65 for construction of the Runway 16 Runway Safety Area Improvement Project. This resolution was tabled at the May S, 2009 City Council meeting to the May 19, 2009 City Council meeting. THIS ITEM WAS TABLED TO THE JUNE 2, 2009 CITY COUNCIL MEETING. C. New Business: 1. McClelland Consulting Engineers, Inc.: A resolution to approve Task Order No. 1 for engineering services by McClelland Consulting Engineers for Runway 16 Safety Improvements in the amount of $231,100.00 and to approve a budget adjustment of $231,096.00. THIS ITEM WAS TABLED TO THE JUNE 2, 2009 CITY COUNCIL MEETING. 2. ADM 09-3263 (Abshier Heights Modification): An ordinance amending a Residential Planned Zoning District entitled R-PZD 06-1883, Abshier Heights, located at the northwest corner of Abshier Drive and Hillcrest Avenue, containing approximately 4.11 acres, to reflect revised conditions of approval as described herein. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5240 3. VAC 09-3255 (Harvey/3570 Jasper Lane): An ordinance approving VAC 09-3255 submitted by Alan Reid for property located at 3570 Jasper Lane, Lot 9 of the Copper Creek Subdivision to vacate a 34 square foot portion of the drainage easement in the rear of the property. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5241 4. R-PZD 09-3253 (Park Hill at Mountain Ranch): An ordinance establishing a Residential Planned Zoning District titled R-PZD 09-3253, Park Hill at Mountain Ranch, located at the southwest comer of Persimmon Street and Mountain Ranch Boulevard; containing approximately 2.23 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. THIS ITEM WAS LEFT ON THE SECOND READING 5. RZN 09-3217 (Winkler): An ordinance rezoning that property described in rezoning petition RZN 09-3217, for approximately 0.25 acres, located at 300 South College Avenue and 145 East South Street from NC, Neighborhood Conservation, to DG, Downtown General. THIS ITEM FAILED 6. Marijuana Policy Review Panel: An ordinance to establish a Marijuana Policy Review Panel. THIS ITEM FAILED 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Agenda Additions: Announcements: 1. City Council Tour: May 18, 2009—4:30 p.m. Winkler Rezoning and Abshier Heights Adjournment: Meeting adjourned at 9:35 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 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 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org ft- City Council Meeting: May t9,2009 Adjourn: 9 m,35- Aft- Subject: Roll Lewis ✓ Gray Thiel �oher � Cook ✓ k Dads Petty Oi V\A, -J Rhoads S'O'S Ferrell ✓ P.M ✓Lucas Mayor Jordan g-D Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan City Council Meeting: May 19, 2009 Subject: Consent Motion To: 12 U e- Motion By: Seconded: 10 Lewis L/ Gray Thiel Cook Petty Rhoads t/ m`n,Lt�S Ferrell a PP� d Lucas Mayor Jordan 11-ODI g�0 Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan City Council Meeting: May 19, 2009 Subject: Social Media Communication D Motion To: Motion By: -04 Seconded: P o B. 1 Lewis Unfinished Gray Business Thiel Cook Petty Rhoads a Ferrell Lucas Mayor Jordan Subject: Runway Safety Area Improvement Project Grants Motion To: 7_ B p_ * a Motion By: IZJV-� Seconded: 0&I'v" B. 2 Lewis Unfinished Gray Business Thiel r/ Cook t/ T Petty ,to Rhoads v/ Ferrell Lucas P-00 Mayor Jordan g-� City Council Meeting: May 19, 2009 Subject: Bid# 09-34 Runway Safety Area Improvement Project Motion To: Motion By: Seconded: B. 3 Lewis ✓ Unfinished Gray Business Thiel ✓ Cook ✓ Petty Rhoads Ferrell a o Lucas C9®0 Mayor Jordan TO Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan City Council Meeting: Mai t9,2009 Subject: McClelland Consulting Engineers,Inc. Motion To: p �o0 Motion By: Seconded: C. 1 Lewis New Gray Business Thiel L/ Cook Ta" Petty f f�0 Rhoads —� Ferrell 1'1�/ a/ Lucas r/ �DO 9 Mayor Jordan 8-0 Subject: ADM 09-3263 (Abshier Heights Modification): ' Motion To: 6" 4o �Qy,d ��r Motion By: �/ Seconded: C. 2 Lewis / New Gray / �/ ✓ �,/ Business Thiel ✓ ✓ `/ Cook i/' ✓ q/ Petty c/ S Nt�PSE r`n Rhoads r/ ✓� ✓ Ferrell �/ / ✓ t ✓� ( Lucas Mayor Jordan -U m a 7 -0 �� City Council Meeting: Mai 19, 2009 Subject: VAC 09-3255 (Harvey/3570 Jasper Lane) Motion To: SCI/) (,7-4 Motion By: / Seconded: C. 3 Lewis New Gray Business Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan Subject: R-PZD 09-3253 (Park Hill at Mountain Ranch) Motion To: Motion By: Seconded: C. 4 Lewis New Gray j Business Thiel Cook Y U Petty A Rhoads Ferrell C �p Lucas Mayor Jordan 8- � City Council Meeting: Mai 19,2009 Subject: RZN 09-3217 (Winkler) Motion To: Motion By: Seconded: E K" C. 5 Lewis Al New Gray Al Business Thiel ✓ ✓ Cook ✓ ✓ AJ Petty Rhoads AJ Ferrell Lucas ✓ Mayor Jordan Subject: Marijuana Policy Review Panel Motion To: /]. � 4-oMotion By: r ( A OVA Seconded: ` C. 6 Lewis J New Gray ✓ f Business Thiel V/� f Cook f �� Petty ✓ SQA.fin `� Rhoads Ferrell ✓ �- Lucas Mayor Jordan City Council Meeting: May A9,2009 Subject: / ® ` 1 Motion To: Motion By: Seconded: Lewis Gray Thiel N Cook N Petty �- Rhoads Ferrell Lucas N Mayor Jordan Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell Lucas Mayor Jordan City Council Meeting: May x9,2009 Subject: Motion To: Motion By: Seconded: 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: May A,2009 Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell L-1 Lucas Mayor Jordan Subject: Motion To: Motion By: Seconded: Lewis Gray Thiel Cook Petty Rhoads Ferrell ,Lucas Mayor Jordan Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position 1 —Kyle Cook City Attorney Kit Williams Ward 2 Position 2—Matthee w Petty Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith ARKANSAWard 3 Position 2—Robert Ferrell S Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting May 19, 2009 A meeting of the Fayetteville City Council will be held on May 19, 2009 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: A. Consent: 1. Approval of the May 5, 2009 City Council meeting minutes. 2. Bid # 09-33 Wayest Safety Inc.: A resolution to approve the lowest responsible bid from Wayest Safety, Inc. for the purchase of 44 complete, self-contained breathing apparatus' (SCBA), and extra cylinders for $261,998.35 plus a contingency of $28,001.65 to purchase additional masks, amplifiers and clamps. 3. Doc Mashburn Park Grant: A resolution to accept an Arkansas Parks and Tourism matching grant in the amount of$50,000.00 for development of Doc Mashburn Park and to approve a budget adjustment to recognize this revenue. 4. High Intensity Drug Trafficking Area Grant: A resolution authorizing the Fayetteville Police Department to accept additional funding through the 2007 Gulf Coast High Intensity Drug Trafficking Area Grant in the amount of $20,000.00 to support investigations; and approving a budget adjustment recognizing the grant revenue. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 5. Community Development Block Grant Program: A resolution to approve a budget adjustment to recognize $28,233 from the Community Development Block Grant Program for the Yvonne Richardson Community Center. 6. Identity Theft Prevention Program: A resolution approving and adopting Policy and Procedure No. BC-04 "Identity Theft Prevention Program" to comply with provisions of the Fair and Accurate Credit Transactions (FACT) Act. 7. Sweetser Construction, Inc.: A resolution to approve a construction contract with Sweetser Construction, Inc. in the amount of $3,773,418.22 for widening and improvements to Mount Comfort Road and to approve a contingency in the amount of $377,340.00. 8. 2009 Recreational Trails Grant: A resolution expressing the willingness of the City of Fayetteville, Arkansas to utilize Federal-Aid Recreational Funds. B. Unfinished Business: 1. Social Media Communication: A resolution to include social media in citizen communications. This resolution was tabled at the April 21, 2009 City Council meeting to the May 19, 2009 City Council meeting. 2. Runway Safety Area Improvement Project Grants: A resolution authorizing the Fayetteville Executive Airport staff to apply for and accept grants from the Federal Aviation Administration and the Arkansas Department of Aeronautics to fund the Runway 16 Runway Safety Area Improvement Project; and approving a budget adjustment recognizing the grant revenue. This resolution was tabled at the May 5, 2009 City Council meeting to the May 19, 2009 City Council meeting. 3. Bid # 09-34 Runway Safety Area Improvement Project: A resolution awarding Bid # 09-34 and approving a contract with Sweetser Construction, Inc. in the amount of $969,325.65 for construction of the Runway 16 Runway Safety Area Improvement Project. This resolution was tabled at the May 5, 2009 City Council meeting to the May 19, 2009 City Council meeting. C. New Business: 1. McClelland Consulting Engineers, Inc.: A resolution to approve Task Order No. 1 for engineering services by McClelland Consulting Engineers for Runway 16 Safety Improvements in the amount of $231,100.00 and to approve a budget adjustment of $231,096.00. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. ADM 09-3263 (Abshier Heights Modification): An ordinance amending a Residential Planned Zoning District entitled R-PZD 06-1883, Abshier Heights, located at the northwest corner of Abshier Drive and Hillcrest Avenue, containing approximately 4.11 acres, to reflect revised conditions of approval as described herein. 3. VAC 09-3255 (Harvey/3570 Jasper Lane): An ordinance approving VAC 09-3255 submitted by Alan Reid for property located at 3570 Jasper Lane, Lot 9 of the Copper Creek Subdivision to vacate a 34 square foot portion of the drainage easement in the rear of the property. 4. R-PZD 09-3253 (Park Hill at Mountain Ranch): An ordinance establishing a Residential Planned Zoning District titled R-PZD 09-3253, Park Hill at Mountain Ranch, located at the southwest corner of Persimmon Street and Mountain Ranch Boulevard; containing approximately 2.23 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. 5. RZN 09-3217 (Winkler): An ordinance rezoning that property described in rezoning petition RZN 09-3217, for approximately 0.25 acres, located at 300 South College Avenue and 145 East South Street from NC, Neighborhood Conservation, to DG, Downtown General. 6. Marijuana Policy Review Panel: An ordinance to establish a Marijuana Policy Review Panel Agenda Additions: Announcements: 1. City Council Tour: May 18, 2009-4:30 p.m. Winkler Rezoning and Abshier Heights Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. Ifyou 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 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org �OC,iox Aked•o_ �Y1�k ca d��x f�f c i � �a.;d rem- !' 2��r� s. 1 (d Social Media Communication Page 1 of 2 Social Media and the City of Fayetteville Why does it matter? In a time when there are more people with cell phones and Internet connections than have subscriptions to a newspaper or watch a government channel, limiting ourselves to conventional means of communicating can no longer constitute a good faith effort to engage citizens in the the democratic process. It's not that conventional media is no longer useful, it's that it's no longer the most effective way of reaching large numbers of people, especially if you want to turn those citizens into voices and volunteers. That's the most important part, but there's more to it than that, social media presents an opportunity to rethink the way we manage information all throughout our government. Incorporating social media will encourage us to adopt d central system for creating documents and managing their publication, reducing budget requirements. In addition, the same system for citizen communications can be used for internal communications, helping our staff become more productive by making interdepartmental collaboration more efficient. (Note: Though this potential for integration exists, this resolution deals only with citizen communications.) Sticker shock? The move to central management can happen over time, and nearly all of the services and tools are free to use.At least initially, the investment of IT staff resources is relatively low. Configuring most of these services for efficient management is a small job; it is comparable to installing a few programs for a few staff members. As the administration develops and refines its communications strategy, it may decide additional and careful investment will provide worthwhile benefits. Possible Technologies Short term In the short term, keeping up to date with City events, meetings, and initiatives will become more convenient by integrating a number of tools near at hand.A new City blog, existing newsletters, news releases, and Facebook publication can all be managed centrally with a minimum investment in staff time for configuration. This small initial investment will produce immediate benefits by eliminating duplicated effort to publish the same information across multiple channels, websites, and mediums. The City may begin to investigate the use of Twitter and voice and video conferencing services to supplement and improve the customer service experience. The technologies used in the short term may include RSS feeds and service API's. Medium term Medium term goals could help foster FOIA compliant communication among City divisions and departments and citizen committees and associations. This may be accomplished in parallel with a retrofit to the City's website and underlying software. Imagine a place where departments and citizen committees could share, collaborate and access their documents via the web from anywhere. The documents would be searchable by keyword, author, and other fields; access would be controlled by authentication; and information would be easily discoverable for FOI requests. It would dramatically improve productivity. The technologies used in this section may include WebDAV, online-managed groupware, and an B. 1 Social Media Communication Page 2 of 2 extend-able content management system. Some custom programming may be required, but many free solutions exist, and in many cases we do not need to reinvent the wheel. Long term Amazing things are possible in the long term. In the future, citizens may be able to find notices and announcements relevant to their neighborhood by entering their address into a website. Citizens may be able to find out where the bus is by using their cell phone. Citizens may be able to view a list of volunteer opportunities and work with each other in an online environment. There are lots of ways this technology may develop over time, but it's hard to predict anything specific. Developing a communications strategy for the city is necessary if we want to make sure our staff is always communicating as efficiently as possible, and that is the process that will determine what investments and improvements to city communications are the most worthwhile. Send comments to citycouncil@matthewpetty.org C.5 RZN 09-3217(Winkler) Page 1 of 6 Citizen Petition to the Fayetteville City Council Regarding a Rezoning Request The undersigned are asking the City Council to support the recommendations of the Planning Staff and Planning Commission and vote to approve the property owner's request their quarter acre parcel on the southeast corner of S. College Ave. and E. South St be zoned Downtown General. Background: In 1994 a Fayetteville couple purchased a.63 acre tract of land two blocks southeast of the Fayetteville Square zoned for high density multi-family structures. In June 2008 they received a post card from the City informing them that their property was included in the proposed Walker Park Neighborhood Master Plan and would be zoned Neighborhood Conservation which prohibits multi-family structures. They appealed to the Planning Commission.The Planning Staff recommended and the Planning Cormnission approved a Downtown General zone allowing multi-family use for their property. The City Council voted to reverse the decision of the Planning Commission at the request of several area residents. The property owners then appealed the Council's decision to the Circuit Court which stayed further action in order for the owners to apply for a rezoning. The owners reduced their request to.25 acres and paid the rezoning application fee. The Planning Staff,a second time,found multi-family land use appropriate for the location and the Planning Commission approved the request for Downtown General zoning. This issue will be before the City Council again. The property owners want to develop their property consistent with the goals of the 2025 Plan.(High density revitalization,green built,affordable, linked to the transportation network). The planning staff has twice recommended a Downtown General zoning.The Planning Commission has twice approved Downtown General zoning. Printed Name Signature Date kVt��E. `1 S /z r _ 1 5- —Uc S fi �MS S- -09 C.5 RZN 09-3217(Winkler) Page 2 of 6 Citizen Petition to the Fayetteville City Council Regarding a Rezoning Request The undersigned are asking the City Council to support the recommendations of the Planning Staff and Planning Commission and vote to approve the property owner's request their quarter acre parcel on the southeast corner of S. College Ave. and E. South St be zoned Downtown General. Background: In 1994 a Fayetteville couple purchased a.63 acre tract of land two blocks southeast of the Fayetteville Square zoned for high density multi-family structures. In June 2008 they received a post card from the City informing them that their property was included in the proposed Walker Park Neighborhood Master Plan and would be zoned Neighborhood Conservation which prohibits multi-family structures. They appealed to the Planning Commission. The Planning Staff recommended and the Planning Commission approved a Downtown General zone allowing multi-family use for their property. The City Council voted to reverse the decision of the Planning Commission at the request of several area residents. The property owners then appealed the Council's decision to the Circuit Court which stayed further action in order for the owners to apply for a rezoning. The owners reduced their request to .25 acres and paid the rezoning application fee. The Planning Staff,a second time, found multi-family land use appropriate for the location and the Planning Commission approved the request for Downtown General zoning. This issue will be before the City Council again. The property owners want to develop their property consistent with the goals of the 2025 Plan.(High density revitalization,green built,affordable, linked to the transportation network). The planning staff has twice recommended a Downtown General zoning.The Planning Commission has twice approved Downtown General zoning. Printed Name Signature Date yy�6' P fl I �S 0 a 2 2 �/ C.5 RZN 09-3217(Winkler) Page 3 of 6 Citizen Petition to the Fayetteville City Council Regarding a Rezoning Request The undersigned are asking the City Council to support the recommendations of the Planning Staff and Planning Commission and vote to approve the property owner's request their quarter acre parcel on the southeast corner of S. College Ave. and E. South St be zoned Downtown General. Background: In 1994 a Fayetteville couple purchased a.63 acre tract of land two blocks southeast of the Fayetteville Square zoned for high density multi-family structures. In June 2008 they received a post card from the City informing them that their property was included in the proposed Walker Park Neighborhood Master Plan and would be zoned Neighborhood Conservation which prohibits multi-family structures. They appealed to the Planning Commission.The Planning Staff recommended and the Planning Commission approved a Downtown General zone allowing multi-family use for their property. The City Council voted to reverse the decision of the Planning Commission at the request of several area residents. The property owners then appealed the Council's decision to the Circuit Court which stayed further action in order for the owners to apply for a rezoning. The owners reduced thein request to.25 acres and paid the rezoning application fee. The Planning Staff,a second time, found multi-family land use appropriate for the location and the Planning Commission approved the request for Downtown General zoning. This issue will be before the City Council again. The property owners want to develop their property consistent with the goals of the 2025 Plan.(High density revitalization,green built,affordable, linked to the transportation network). The planning staff has twice recommended a Downtown General zoning.The Planning Commission has twice approved Downtown General zoning. Printed Name Signature Date It G ` ✓/ % 03-09 -7- I 7- s 607 IZ o, - 2-0� Al C.5 RZN 09-3217(Winkler) Page 4 of 6 Citizen Petition to the Fayetteville City Council Regarding a Rezoning Request The undersigned are asking the City Council to support the recommendations of the Planning Staff and Planning Commission and vote to approve the property owner's request their quarter acre parcel on the southeast corner of S. College Ave. and E. South St be zoned Downtown General. Background: In 1994 a Fayetteville couple purchased a.63 acre tract of land two blocks southeast of the Fayetteville Square zoned for high density multi-family structures. In June 2008 they received a post card from the City informing them that their property was included in the proposed Walker Park Neighborhood Master Plan and would be zoned Neighborhood Conservation which prohibits multi-family structures. They appealed to the Planning Commission.The Planning Staff recommended and the Planning Commission approved a Downtown General zone allowing multi-family use for their property. The City Council voted to reverse the decision of the Planning Commission at the request of several area residents. The property owners then appealed the Council's decision to the Circuit Court which stayed further action in order for the owners to apply for a rezoning. The owners reduced their request to .25 acres and paid the rezoning application fee. The Planning Staff,a second time,found multi-family land use appropriate for the location and the Planning Commission approved the request for Downtown General zoning. This issue will be before the City Council again. The property owners want to develop their property consistent with the goals of the 2025 Plan.(High density revitalization,green built,affordable, linked to the transportation network). The planning staff has twice recommended a Downtown General zoning.The Planning Commission has twice approved Downtown General zoning. Printed Name Signature Date D7 �1G G a /YU 1A DO NLc Le 5 l o 17 Hreuvio viewer rage r ui 1 C.s RZN 09-3217(Winkler) Pa e L LFI F �v �I�i F:rwiF��a E ROCK-ST ROCK ST E•ROCK S- 4 S} n� 4 5 ram' (,� yb 4�•: F l A f: J J { ?�. 2 rMir ISS § ! Ljj -?* E:SOUTH ST1v �, vi�,� CE SOUTHST W SOUTH ST y Map created Mh OrdMS-Copyright(C)1992-2W9 3Q0 S, ed Ile Ale T >.n 'rTM WM y* U1 41, w 1 L i �y .P � 1I� g $ IIS W � Zly III 111 Map created wth PrdMS Copyright(C)1992-2009 ESRI Inc. http://gis.accessfayetteville.org/website/zoning/MapFrame.htm 4/23/2009 C.s RZN 09-3217(Winkler) Page 6 of 6 Qdct4 Od- oyvj w s.4. . 51/19-/11 C.6 AGENDA REQUEST Marijuana Policy Review Panel Page 1 of 4 FOR: COUNCIL MEETING OF MAY 19, 2009 FROM: ALDERMAN MATTHEW PETTY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Establish A Marijuana Policy Review Panel APPRpkED GENDA: �2—Zne9 a hew Pet Date Alderman 19 s Datl (— City Attorney (as to form) C.6 Marijuana Policy Review Panel Page 2 of 4 ORDINANCE NO. AN ORDINANCE TO ESTABLISH A MARIJUANA POLICY REVIEW PANEL WHEREAS, §130.02 Arrests and Prosecution of Marijuana Cases of the Fayetteville Code is the codification of an initiated ordinance passed by the City voters on November 4, 2008; and WHEREAS, the City Council desires to create a Marijuana Policy Review Panel to ensure §130.02 is implemented to the greatest extent possible. 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 a new Article XX Marijuana Policy Review Panel in Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville Code as shown below and renumbers the current Article XX to Article XXI: "XX Marijuana Policy Review Panel "§33.321 Marijuana Policy "(A) There is hereby established the Marijuana Policy Review Panel. The Marijuana Policy Review Panel shall work to ensure that §130.02 Arrests and Prosecution of Marijuana Cases' stated purpose to make `misdemeanor marijuana offenses, when the marijuana was intended for adult person use, the City of Fayetteville's lowest law enforcement and prosecutorial priority' is implemented to the greatest extent possible. "(B) The Marijuana Policy Review Panel shall be appointed by the City Council (except one Alderman shall be appointed by the Mayor). The remaining seven members shall be drawn from the various professions described below, unless no such professional applies for the position in which case the position can be filled by an at-large resident: C.6 Marijuana Policy Review Panel Page 3 of 4 "(1) Member of City Council (2) Fayetteville Police Chief or designee (3) City Attorney or designee (4) Drug Policy Advocate (5) At-Large Resident (6) Drug/Alcohol Abuse Prevention Counselor (7) Public Defender (8) Criminal Defense Attorney "(C) The City Council Member shall serve at the pleasure of the City Council during his or her term of office. The Chief of Police, City Attorney or their designees shall serve during their terms of office. The remaining five members shall serve three year terms. "(D) The Marijuana Policy Review Panel shall submit a comprehensive, written report with recommendations to the City Council twice a year beginning six months after the receipt of the third monthly written report from the Fayetteville Police Department and Fayetteville City Attorney's Office pursuant to subsection(E). "(E) The Fayetteville Police Department shall deliver a written monthly report of all misdemeanor marijuana arrests and citations in which the marijuana was intended for adult personal use to the Marijuana Policy Review Panel. The City Attorney's Office shall deliver a written monthly report of all of its prosecutions of those arrests and citations to the Marijuana Policy Review Panel. "(F) This entire code section shall expire or be repealed and of no further force or effect automatically upon the expiration of three years after its initial passage." PASSED and APPROVED this 19th day of May, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.6 Marijuana Policy Review Panel Page 4 of 4