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HomeMy WebLinkAbout2015-06-16 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant Ward 1 Position I Ward 3 Position I e �- Alderman Sarah Marsh u. Alderman Martin W. Schoppmeyer,Jr. Ward I Position 2 Ward 3 Position 2 Alderman Mark Kinion Alderman John La Tour Ward 2 Position l Ward 4 Position l Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting June 16, 2015 A meeting of the Fayetteville City Council was held on June 16, 2015 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. Nominating Committee Report APPROVED Agenda Additions A. Consent 1. Approval of the June 2, 2015 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 2. Bid#15-32 Peterbilt of Fort Smith: A resolution to award Bid#15-32 and authorize the purchase of two (2) Peterbilt 348 trucks with Labrie Rear Loaders from Peterbilt of Fort Smith in the total amount of$369,180.00 for use by the Recycling and Trash Collection Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 106-15 3. Bid#15-33 T&T Green,LLC: A resolution to award Bid#15-33 and authorize a contract with T&T Green, LLC of Fayetteville, Arkansas for the replacement of insulation at the City Recycling Center in the amount of$38,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 107-15 4. Bid #15-34 Leigh Earthworks, LLC: A resolution to award Bid #15-34 and authorize a contract with Leigh Earthworks, LLC of Winslow, Arkansas for the Fayetteville Senior Activity and Wellness Center Parking Lot Expansion Project in the amount of$35,063.00, and to approve a project contingency in the amount of$3,506.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 108-15 B. Public Hearing 1. Jerome Lopez & Elizabeth Young and the Randall J. Wright Trust Condemnation and Possession: A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Jerome Lopez &Elizabeth Young and the Randall J. Wright Trust needed for the Highway 45 and Old Wire Road Intersection Improvement Project. At the June 2, 2015 City Council meeting, this resolution was tabled to the June 16, 2015 City Council meeting. THIS RESOLUTION WAS TABLED INDEFINITELY C. Unfinished Business 1. Amendment of the Master Street Plan: A resolution to amend the Master Street Plan by removing a bridge connection on Raven Lane over Clabber Creek south of Crystal Springs Phase III. At the May 19, 2015 City Council meeting, this resolution was tabled to the June 16, 2015 City Council meeting. THIS RESOLUTION WAS TABLED INDEFINITELY 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 2. RZN 15-5044 (4065 E. HUNTSVILLE RD./THE PLAZA): An ordinance rezoning that property described in Rezoning Petition RZN 15-5044, for approximately 16.02 acres, located at 4065 E. Huntsville Road from R-PZD 08-3071, Residential Planned Zoning District Bridgedale Plaza to RSF-7, Residential Single Family, 7 Units Per Acre, NS, Neighborhood Services, and CS, Community Services. At the June 2, 2015 City Council meeting, this ordinance was left on the first reading. THIS ORDINANCE WAS LEFT ON THE SECOND READING 3. Amend § 97.088 (B)(2)(b) and § 97.088 (d): An ordinance to amend Fayetteville Code § 97.088 (13)(2)(b) and its exhibit"A", Donor Recognition Signs and to amend § 97.088 (d)Facility Naming and its exhibit `B", Naming Park Facilities to clarify that the City Council has final authority to name park and trail facilities. At the June 2, 2015 City Council meeting, this ordinance was left on the first reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5778 D. New Business 1. Amend 34.27 Sale of Municipally Owned Real Property: An ordinance to amend 34.27 Sale of Municipally Owned Real Property to authorize the use of a realtor for the sale of the two houses at Gulley Park. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5779 2. RZN 15-5053 (West of 4195 W. Persimmon St./McBride) An ordinance rezoning that property described in Rezoning Petition RZN 15-5053, for approximately 2.16 acres, located west of 4195 W. Persimmon Street from RSF-4,Residential Single Family,4 Units Per Acre to R-O, Residential-Office. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5780 3. Place Holder: Maple Street& Lafayette Street Bridge Rehab: A resolution to award a contract in the amount of$X,XXX,XXX.XX to Contractor, Inc. for the construction of the Maple Street & Lafayette Street Bridge Rehab, approve a project contingency of$XXX,XXX.X (5%), and approve a budget adjustment. THIS RESOLUTION WAS TABLED TO THE JULY 7, 2015 CITY COUNCIL MEETING 4. Uniform Civil Rights Protection: An ordinance to ensure uniform nondiscrimination protections within the City of Fayetteville for groups already protected to varying degrees throughout state law. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5781 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov Announcements City Council Agenda Session Presentations 1. Agenda Session Presentation - Solid Waste Reduction, Diversion and Recycling Master Plan update by Mitch Kessler. City Council Tour Adjournment: 9:58 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov City Council Meeting: June 16, 2015 Adjourn: / ; S j p •!'^ Subject: Roll La Tour Long d/ Gray Marsh Kinion Petty Tennant L— ' Schoppmeyer Mayor Jordan s® -v Subject: Nominating Committee Report Motion To: r e Motion By: Seconded: Al OAA La Tour Long Gray �pProV�d Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan s-� City Council Meeting: June 16,2015 Subject: Consent Motion To: verve Motion By: Seconded: La Tour Long ✓ Gray ��p-raved Marsh ✓ —p—� Kinion Petty ✓ Tennant Schoppmeyer Mayor Jordan Subject: Motion To: Motion By: Seconded: La Tour Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: June 16,2015 JEROME LOPEZ& ELIZABETH YOUNG AND THE RANDALL J. WRIGHT TRUST Subject: CONDEMNATION AND POSESSION Motion To: Motion By: A10JA4A Cn r� Seconded: /vf7* B 1 La Tour Public Long r/ Hearing Gray r/ JaMarsh r/ �a�� Kinion �n v Petty e/ -------- Tennant ✓ Schoppmeyer Mayor Jordan Subject: Motion To: Motion By: Seconded: La Tour Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: June 16,2015 Subject: AMENDMENT OF THE MASTER STREET PLAN Motion To: Jw Motion By: kAni'&I Seconded: /o/la C. 1 La Tour Unfinished Long Business Gray Marsh Kinion ✓ Petty Tennant Schoppmeyer ✓ Mayor Jordan 8-o Subject: RZN 15-5044 4065 E. HUNTSVILLE RD./THE PLAZA) Motion To: app/ lad Motion By: Seconded: lid C 2 La Tour f Unfinished Long Business Gray r✓ Marsh 04 Kinion Petty Tennant Schoppmeyer Mayor Jordan . g-o City Council Meeting: June 16,2015 Subject: AMEND § 97.088 (B)(2)(b) and § 97.088 (d) Ao �s Motion To: 3ral / rCaG Motion By: _ 4, in;nn Seconded: M J -� C. 3 La Tour +/ e,•' Unfinished Long Business Gray ✓ ate✓ t/' Marsh '� -✓ �" i/ G Kinion Petty Tennant Schoppmeyer Mayor Jordan Subject: Motion To: Motion By: Seconded: La Tour Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: June 16,2015 Subject: AMEND 34.27 SALE OF MUNICIPALLY OWNED REAL PROPERTY Motion To: / Yt a R2"'J rd lie c,� uo�•�. Motion By: nn41vt -re,r� Seconded: rn&,74A D. 1 La Tour 11-1� New Long ✓ r/ G Business Gray ✓ �'' Marsh ✓ �� Kinion °� v P Petty Tennant a� Schoppmeyer Mayor Jordan Subject: RZN 15-5053 (WEST OF 4195 W. PERSIMMON ST./MCBRIDE) Motion To: 02,n / R4" 3y-d Motion By: Seconded: D 2 La Tour ✓ ✓ New Long ✓ ✓ „� Business Gray ✓ "� a-'' Marsh ✓ ✓ P ,4 Kinion Petty Tennant Schoppmeyer a/ 5 Mayor Jordan City Council Meeting: June 16,2015 Subject: PLACE HOLDER: MAPLE STREET & LAFAYETTE STREET BRIDGE REHAB Motion To: �.Zol Motion By: Seconded: D. 3 La Tour New Long Business Gray t/00, Marsh c/ j ,4" Kinion Petty VGt,1� 71 Tennant ©� 5 Schoppmeyer Mayor Jordan 8-D Subject: UNIFORM CIVIL RIGHTS PROTECTION Motion To: dad 2 rd I'StAJ Motion By: n;6r) Seconded: �/i vt;on /{'lG/ 41A D. 4 La Tour N A/ New Long `/ �/ ✓ Business Gray Marsh � d Kinion Petty ✓ ✓ r/ Tennant Schoppmeyer Mayor Jordan City Council Meeting: C oit m ij �t�A` 106 4e&t,l e Subject: a 3 firm" Motion To: .Q,G�pn G .epto ! ���n C pCFZC�e4r+ t �r Motion By: � R 1040 yt 7w g &e, Seconded: La Tour d Long /70 /io Gray QPCGJntGDr�of i ;, ! Gard Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan Subject: S 7 8 Motion To: n a AkcA�n A D Motion By: lei T UA ¢t our c. a4 Seconded: La Tour aid440( Long fl® tl® Gray a lotewo, COQ? Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: Subject: c p !/ /Z Motion To: Gzsn fv Motion By: �� p`Q !ewa ! Seconded: La Tour �f Long r}p n0 d Gray �Go� foo Gin Marsh limon Petty Tennant Schoppmeyer Mayor Jordan Subject: 3 144 Motion To: � � F Motion By: Seconded: La Tour Long lei p Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Patti Mulford THRU: Sondra Smith, City Clerk Paralegal FROM: Kit Williams,City Attorney, DATE: June 17,2015 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 16,2015 1. A resolution to award bid #15-32 and authorize the purchase of two (2) Peterbilt 348 trucks with Labrie rear loaders from Peterbilt of Fort Smith in the total amount of $369,180.00 for use by the Recycling and Trash Collection Division. 2. A resolution to award bid #15-33 and authorize a contract with T&T Green, LLC of Fayetteville, Arkansas for the replacement of insulation at the City Recycling Center in the amount of$38,000.00. 3. A resolution to award bid #15-34 and authorize a contract with Leigh Earthworks, LLC of Winslow, Arkansas for the Fayetteville Senior Activity and Wellness Center parking lot expansion project in the amount of $35,063.00, and to approve a project contingency in the amount of$3,506.00. 4. An ordinance to amend Exhibit A, Donor Recognition Signs, and Exhibit B, Naming Park Facilities which are attached and a part of § 97.088 (B)(2)(b) and § 97.088 (d) of the Fayetteville Code. 5. An ordinance to amend 34.27 Sale of Municipally Owned Real Property to authorize the use of a realtor for the sale of the two houses at Gulley Park. 6. An ordinance to ensure uniform nondiscrimination protections within the City of Fayetteville for groups already protected to varying degrees throughout state law. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e Form-M Meeting Agenda - Final Agenda Tuesday, June 16, 2015 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Agenda-Final Agenda June 16,2015 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 2015-0158 NOMINATING COMMITTEE REPORT Agenda Additions: A. Consent: A. 1 2014-0505 APPROVAL OF THE JUNE 2, 2015 CITY COUNCIL MEETING MINUTES. A. 2 2015-0264 BID#15-32 PETERBILT OF FORT SMITH A RESOLUTION TO AWARD BID #15-32 AND AUTHORIZE THE PURCHASE OF TWO (2) PETERBILT 348 TRUCKS WITH LABRIE REAR LOADERS FROM PETERBILT OF FORT SMITH IN THE TOTAL AMOUNT OF $369,180.00 FOR USE BY THE RECYCLING AND TRASH COLLECTION DIVISION Attachments: SRP- RTC Rear Loaders 4030-4031 A. 3 2015-0266 BID#15-33 T&T GREEN, LLC A RESOLUTION TO AWARD BID #15-33 AND AUTHORIZE A CONTRACT WITH T&T GREEN, LLC OF FAYETTEVILLE, ARKANSAS FOR THE REPLACEMENT OF INSULATION AT THE CITY RECYCLING CENTER IN THE AMOUNT OF$38,000.00 Attachments: SRP 2015-0266 Bid 15-33 T&T Green, LLC City of Fayetteville,Arkansas Page 2 Printed on 611512015 City Council Meeting Meeting Agenda-Final Agenda June 16,2015 A. 4 2015-0262 BID#15-34 LEIGH EARTHWORKS,LLC A RESOLUTION TO AWARD BID #15-34 AND AUTHORIZE A CONTRACT WITH LEIGH EARTHWORKS, LLC OF WINSLOW, ARKANSAS FOR THE FAYETTEVILLE SENIOR ACTIVITY AND WELLNESS CENTER PARKING LOT EXPANSION PROJECT IN THE AMOUNT OF $35,063.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,506.00 Attachments: 2015-0262 Bid 15-34 Leigh Earthworks contract B. Public Hearing: B. 1 2015-0250 JEROME LOPEZ& ELIZABETH YOUNG AND THE RANDALL J. WRIGHT TRUST CONDEMNATION AND POSSESSION A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY JEROME LOPEZ & ELIZABETH YOUNG AND THE RANDALL J. WRIGHT TRUST NEEDED FOR THE HIGHWAY 45 AND OLD WIRE ROAD INTERSECTION IMPROVEMENT PROJECT Attachments: 2015-0250 At the June 2, 2015 City Council meeting, this resolution was tabled to the June 16,2015 City Council meeting. C. Unfinished Business: C. 1 2015-0229 AMENDMENT OF THE MASTER STREET PLAN A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REMOVING A BRIDGE CONNECTION ON RAVEN LANE OVER CLABBER CREEK SOUTH OF CRYSTAL SPRINGS PHASE III Attachments: Fx A 15-5035 Full Packet Additional 2006 Development Staff Report Crystal Springs At the May 19, 2015 City Council meeting, this resolution was tabled to the June 16,2015 City Council meeting. City of Fayetteville,Arkansas Page 3 Printed on 611512015 City Council Meeting Meeting Agenda-Final Agenda June 16,2015 C. 2 2015-0249 RZN 15-5044(4065 E.HUNTSVILLE RD./THE PLAZA) AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5044, FOR APPROXIMATELY 16.02 ACRES, LOCATED AT 4065 E. HUNTSVILLE ROAD FROM R-PZD 08-3071, RESIDENTIAL PLANNED ZONING DISTRICT BRIDGEDALE PLAZA TO RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE, NS, NEIGHBORHOOD SERVICES, AND CS, COMMUNITY SERVICES Attachments: 15-5044 CC EX A& EX B 15-5044 CC reports At the June 2, 2015 City Council meeting, this ordinance was left on the first reading. C. 3 2015-0251 AMEND § 97.088 (B)(2)(b)and§97.088(d) AN ORDINANCE TO AMEND FAYETTEVILLE CODE § 97.088 (B)(2) (b) AND ITS EXHIBIT "A", DONOR RECOGNITION SIGNS AND TO AMEND § 97.088 (d) FACILITY NAMING AND ITS EXHIBIT `B", NAMING PARK FACILITIES TO CLARIFY THAT THE CITY COUNCIL HAS FINAL AUTHORITY TO NAME PARK AND TRAIL FACILITIES Attachments: C. 3 NEWLY REVISED PACKET Amend 97.088(B)(2)(d)and 97-088 (d) Old Packet Amend 97.088 (13)(2)(b)and 97.088 (d) At the June 2, 2015 City Council meeting, this ordinance was left on the first reading. D. New Business: D. 1 2015-0271 AMEND 34.27 SALE OF MUNICIPALLY OWNED REAL PROPERTY AN ORDINANCE TO AMEND 34.27 SALE OF MUNICIPALLY OWNED REAL PROPERTY TO AUTHORIZE THE USE OF A REALTOR FOR THE SALE OF THE TWO HOUSES AT GULLEY PARK Attachments: 2015-0271 Exemption Provision Request for 34.27 City of Fayetteville,Arkansas Page 4 Printed on 611512015 City Council Meeting Meeting Agenda-Final Agenda June 16,2015 D. 2 2015-0269 RZN 15-5053 (WEST OF 4195 W. PERSIMMON ST./MCBRIDE) AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5053, FOR APPROXIMATELY 2.16 ACRES, LOCATED WEST OF 4195 W. PERSIMMON STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO R-O, RESIDENTIAL-OFFICE Attachments: 15-5053 CC Exhibits 15-5053 CC Reports D. 3 2015-0265 PLACE HOLDER: MAPLE STREET &LAFAYETTE STREET BRIDGE REHAB A RESOLUTION TO AWARD A CONTRACT IN THE AMOUNT OF $X,XXX,XXX.XX TO CONTRACTOR, INC. FOR THE CONSTRUCTION OF THE MAPLE STREET & LAFAYETTE STREET BRIDGE REHAB, APPROVE A PROJECT CONTINGENCY OF $XXX,XXX.XX (5%),AND APPROVE A BUDGET ADJUSTMENT. Attachments: Historic Bridges Construction Contract.pdf D. 4 2015-0274 UNIFORM CIVIL RIGHTS PROTECTION AN ORDINANCE TO ENSURE UNIFORM NONDISCRIMINATION PROTECTIONS WITHIN THE CITY OF FAYETTEVILLE FOR GROUPS ALREADY PROTECTED TO VARYING DEGREES THROUGHOUTSTATELAW Attachments: Agenda Packet Ordinance Uniform Nondiscrimination Protections E. City Council Agenda Session Presentations: E. 1 2015-0212 AGENDA SESSION PRESENTATION - SOLID WASTE REDUCTION, DIVERSION AND RECYCLING MASTER PLAN UPDATE BY MITCH KESSLER F. City Council Tour: G. Announcements: City of Fayetteville,Arkansas Page 5 Printed on 611512015 City Council Meeting Meeting Agenda-Final Agenda June 16,2015 H. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant(city contractor, rezoning or development applicant, etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos,petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting.Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided;this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. City of Fayetteville,Arkansas Page 6 Printed on 611512015 City Council Meeting Meeting Agenda-Final Agenda June 16,2015 Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 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. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. City of Fayetteville,Arkansas Page 7 Printed on 611512015 City of Fayetteville Staff Review Form 2015-0251 Legistar File ID 6/16/2015 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Connie Edmonston 6/5/2015 Parks & Recreation/ Parks & Recreation Department Submitted By Submitted Date Division/ Department Action Recommendation: Parks staff recommends approval of an ordinance amending the Fayetteville Code of Ordinances Chapter 97: Parks and Recreation, Exhibits "A" and "B" under Section 97.088 Signs Prohibited. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance $ Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution H 5335 Original Contract Number: Approval Date: Comments: Revisions made to the June 2, 2015 memo is in red print on the June 5 memo. This is a new packet for the June 16, 2015 City Council meeting. CITY OF Taye evl Iq CITY COUNCIL AGENDA MEMO ARKANS MEETING OF JUNE 16, 2015 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Connie Edmonston, Parks and Recreation Director DATE: June 8, 2015 SUBJECT: Code of Ordinances Amendment for Chapter 97: Parks and Recreation Tabled from the June 2, 2015 City Council Meeting Revised Memo in Red Print RECOMMENDATION: Parks staff recommends approval of an ordinance amending the Fayetteville Code of Ordinances Chapter 97: Parks and Recreation, Exhibits "A" and "B" under Section 97.088 Signs Prohibited. BACKGROUND: As the City of Fayetteville grows, the need for diverse recreational opportunities grows. Seeking partnerships and donations from private organizations and businesses can enhance the City's ability to provide parks and recreation services for park improvement projects. Private partnerships with businesses and individuals offering services and products consistent with the Parks and Recreation mission have the potential to reduce the City's investment in capital projects. Park staff has recognized the need for an avenue allowing donor recognition signs on park and trail property. Donor recognition is vital to successfully soliciting and securing funding for projects. The use of corporate names and logos are often used in recognizing contributions. Chapter 97 of the Unified Development Code (§97.088) was amended in 2010 to allow donor recognition signs on park and trail property to improve the ability to successfully secure funding from private sources. DISCUSSION: Friends for Parks was formed in 2014 by a group of citizens interested in helping raise funding for the Parks and Recreation Department. This group was formed under the umbrella of the Northwest Arkansas Community Foundation, a 501(c) 3 organization. They have already received a $5,000 donation from Ozarks Electric Cooperative to develop promotional material and donor packages to raise funds for the Regional Park. In order to better solicit funding for Parks and Recreation, Staff has proposed the attached policy changes for Donations for Naming Rights for new facilities that are not built yet, as well as for existing facilities. Donors would have the opportunity for naming rights as well as naming rights for a ten year period. The proposed revisions to the existing policy in Ordinance No. 5535 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 (Exhibit "A"— Donor Recognition Signs) is included in the attachments. The policy changes were approved by the Parks and Recreation Advisory Board on May 4, 2015. In addition to this proposal, staff is recommending to amend Exhibit "B" of the Naming Park Facilities Policy included in Ordinance No. 5535 by omitting the requirement to table a proposed park facility name until the next scheduled monthly PRAB meeting. The item must be approved by the City Council after a recommendation from the PRAB; therefore, the public would have three opportunities to give input as to the name of a facility. In addition, this is a long process and we would not want a donor to have to wait an additional month for approval. June 2, 2015 Meeting Recommendations There were a changes made to the policy after review by the City Council at the June 2, 2015 City Council meeting. Changes made include the following: 1. City Attorney has amended City Code §97.088 as follows: (13)(2)(d) Facility Naming, to clarify the City Council has final authority on naming park and trail facilities. (B)(2)(b)(i) Maximum size of Recognition Signs, has been omitted because the size of the sign will be determined when the facility/park naming request is reviewed by the City Council. 2. Shortened Exhibit "A" to include the purpose and policy for the Operations Policy for Donor Recognition Signs. The Recognition for Parks and Trails Facilities Policy is referred to in the Exhibit "A" of the ordinance, but it is not part of the ordinance. The details of the standard operational procedures are found in this Park Policy. 3. In Exhibit "A" and "B", the wording was changed to note the City Council has final selection and approval of the park facility name including the right to approve a different name. Naming of facilities donated must meet the Naming Park Facilities Operational Policy unless accepted by City Council Resolution. 4. A 25 year time period for the donor recognition of donations of $25,000 to $250,000 for the Bronze Category on a donor wall. 5. A 25 year time period for the naming rights was set for the Gold Category for a field/court/facility with donations over $250,000. 6. A 30 year time period for the naming rights for the Platinum Category for a complex with donations of$1 million up to $5 million. 7. A 25 year time period for the donor recognition for the Trail Facilities Gold Category for facilities located on a trailhead. 8. All donors will have first right to re-new their naming rights for an appropriate donation upon conclusion of the time period. 9. The City will reserve the right to remove a donor's name from the facility if the City Council determines by resolution that a donor's actions would otherwise cause undue embarrassment or other issues for the city or its citizens. 10. These recent changes are noted in red print in Exhibit A and B, as well as the Recognition for Parks and Trails Facilities Policy. BUDGET/STAFF IMPACT: This ordinance amendment would not impact the budget negatively. If approved, the potential for securing donations may increase, thereby positively impacting the budget. Attachments: Existing Code of Ordinances: Chapter 97 May 4, 2015 PRAB Meeting Minutes Proposed Revisions to Exhibit "A" Proposed Revisions to Exhibit "B" Recognition for Parks and Trails Facilities Policy 2 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS ,. Cross reference(s)--Penalty,§97.999. I 97.088 Signs Prohibited (A) No person in a park shall paste, glue, tack, or otherwise post any sign, placards, advertisement, or inscription whatsoever, nor $ shall any person erect or cause to be erected any sign whatsoever on any public lands or highways or roads adjacent to a park, except as set forth hereinbelow. (B) Exceptions. _P (1) Athletic Field Signage. Signs shall be permitted on softball/baseball outfield fences and scoreboards at locations and l in sizes designated by the Parks and Recreation Director. Uniform fees shall ! be charged dependent upon placement and size of the permitted signs. The Fa. 'Adakeratl.akeFayenewhePark content of the sign and whether it is w7thin Botanical Barden leased area _ commercial or non-commercial may not be considered. Designated spaces shall (C) Food trucks permitted pursuant to §178.05 be sold at the established price on a first may operate in City Parks as described come basis. The owner of a sign at a below: designated location shall have first right to renew before others can purchase the (1) Food trucks may not locate in the same size/location for a new or replacement area that is actively being served by a sign. contracted concessionaire as shown on Exhibit C during regular season (2) Recognition Signs. Signs located in City Fayetteville Parks and Recreation parks or on City trails that are used for leagues and tournaments. the purpose of memorializing a person 2 Food trucks may locate at Gulley Park or family through naming, recognition of ( ) y y significant donors, or recognition of during a Gulley Park Concert or special contributions to the facility or amenity on event in other parks such as which the sign is installed shall meet the tournaments, reserved park gatherings, following conditions: etc. if approved by the Parks and Recreation Director. (a) Maximum Number of Recognition Signs. Most donor or honoree (D) For special events, food trucks and sales of recognition signs shall be limited to items other than food may be approved by one for the facility financed by the the Parks and Recreation Director through a donor or memorializing the special event permit honoree. For a park or a major facility with more than one major (Code 1965, §17A-29; Ord. No. 1594, 4-1-68; Code entrance, a second recognition sign 1991, §97.086, Ord. 5310, 4-6-10; Ord. No. 5531, 10- may be recommended by the Parks 02-12;Ord.5666,3-18-14) and Recreation Advisory Board and Cross reference(s)--Penalty,§97.999. approved by the City Council. 97.087 Advertising Prohibited (b) Maximum Size of Recognition No person in a park shall announce, advertise, or Signs. call the public attention in any way to any article or service for sale or hire. (i) Park Recognition Signs shall not exceed sixteen square feet (Code 1965, §17A-30; Ord. No. 1594, 4-1-68; Code for parks and major facilities 1991,§97.087) with lesser square foot CD97:10 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS limitations for smaller facilities final approval by the City Council. as set forth in the Operations Naming of the facilities must meet Policy for Donor Recognition the Naming Park Facilities Signs attached as Exhibit "A" Operations Policy attached as and approved as part of this Exhibit"B." ordinance. (ii) Trail Recognition Signs shall not exceed four square feet for trailhead facilities. Recognition signs along the trail for park benches, etc., shall not exceed 1.5 square feet and should be incorporated within or attached to the bench or amenity sponsored by the donor. (c) Design requirements. All recognition signs must comply with the following requirements and shall adhere to the aesthetic values and design of the park or trail. (i) The recognition sign shall include only the name of the person memorialized or the name of the organization, person or business which has donated significant funds to the park facility. A company or organization logo (without company colors, any advertising or slogans) may be used on the sign. (ii) The design of the sign shall be incorporated into the park facility and shall be approved by the Director of Parks and Recreation who shall ensure the signs' high quality and durable construction and its consistency with other recognition signs within the park. (iii) Recognition signs shall comply with the Donor Operational Policy unless exempted by the City Council. (d) Facility Naming. The naming of facilities is permitted so long as the donor or honoree has made a significant contribution to the City, the Facility or the Parks and Recreation Department in terms of financial donations, voluntarism or dedicated public service. Final naming of a facility shall be recommended by the Parks and Recreation Advisory Board with CD97:11 CITY OF a e evl jq MINUTES Y ARKANS Parks and Recreation Advisory Board May 4, 2015 at 5:30 p.m. City Administration Building, Room 326 113 West Mountain Street Fayetteville, AR 72701 Members: Phillip Watson, Kyle McHan, Wade Colwell, Richie Lamb, Terry Lawson, Chuck Maxwell, Phillip McKnight, David Priest, David Proffitt City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; Alison Jumper, Parks Planning Superintendent; Alan Spann, Recreation Superintendent; Melanie Thomas, Senior Secretary 6. Naming Rights Proposal: Connie Edmonston. Parks & Recreation Director Friends for Parks received s $5,000 donation from Ozarks Electric to develop promotional material and donor packages to raise funds for the Regional Park. In order to solicit requests for donations including naming rights of a park amenity, a policy needed to be developed. Friends for Parks has proposed the attached policy for Donations for Naming Rights for New Facilities that are not built yet, as well as for Existing Facilities. Donors would have the opportunity for naming rights as well as naming rights for a ten year period. The existing policy in Ordinance No. 5535 that would need to be amended is included in the attachments. In addition to this proposal, staff is recommending to amend Attachment B of the Naming Park Facilities Policy included in Ordinance No. 5535 by omitting the requirement to table a proposed park facility name until the next scheduled monthly meeting. The reason why this is requested to be omitted is because the item must go before City Council at their agenda session as well as scheduled meetings. The public would have three opportunities to give input as to the name of a facility. In addition, this is a long process and we would not want a donor to have to wait an additional month for approval. Edmonston said the naming rights needs to be revised, since funding is being solicited for the Regional Park. There are different categories for donors, such as the bronze, silver, platinum and gold levels. Priest wanted to know how PRAB needs to solicit. Edmonston said to be watching and listening for possible donors. She said a packet can be offered to them if they seem interested. Lamb said the Friends of Parks is also raising money. Edmonston commented that this proposal has to be approved next by City Council. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 Maxwell said Frank Sharp isn't a funder, but was very active in promoting Kessler Mountain and getting donations. Lamb asked if the City Council would always have the final say-so. Edmonston said yes. She said PRAB will make a recommendation and the City Council will have final approval. Lamb wanted to know if PRAB would need to recommend this proposal and then it will go to Council. Edmonston said yes. Maxwell said that the funding will go to Friends of Parks, and then PRAB. Edmonston added that the Friends of Parks is a non-profit. Their mission is to raise money. Their first priority right now is Regional Park. Priest asked if Parks would have a way to oversee the donations. Edmonston said yes, because Parks staff attend the meetings. Jumper added that McKnight is on the board. Edmonston said a PRAB member could be added if the PRAB members were interested. Colwell asked if a park could be named after someone if that person didn't fit any of the criteria. Jumper said yes, that option is still open. Lamb wanted to know if PRAB's recommendation is what PRAB decides. Edmonston said yes, and Parks will help guide. Colwell commented that he has never liked the name Southpass Park. Edmonston said the Regional Park has not been named yet. Parks & Recreation Staff Recommendation: Approval of the above proposal and amendment to Ordinance No. 5535. PRAB Motion: Proffitt motioned to approve the proposal and amendment to Ordinance No. 5535, and Lamb seconded it. Motion passed 6-0-0 by voice vote. Minutes taken by Melanie Thomas. 2 Exhibit "A" Parks and Recreation SUBJECT: Department Policies and OPERATIONS POLICY FOR Procedures Manual DONOR RECOGNITION SIGNS CITY OF NUMBER: REVISIONS: EFFECTIVE PAGE: DATE: 1 OF 1 Tayvelev,11ile 6.16.2°15 A R K A N 5 A 5 SUPERSEDES APPROVED BY: DONOR RECOGNITION SIGNS PURPOSE The purpose of this directive is to provide policies which will govern the naming of park facilities currently owned or acquired by the City of Fayetteville. This policy statement takes precedence over any previous policies and guidelines which may have governed the naming of these facilities. POLICY In order to provide important capital facilities in Fayetteville Parks, it is pragmatic in a time of shrinking public dollars to seek outside funding. It is essential to have specific boundaries and criteria in establishing fair and proper recognition of significant facility donations. This policy sets guidelines for donations within parks as well as on trails. All sign and plaque designs must be incorporated into the design of the facility. Donor recognition signs shall adhere to the aesthetic values and design of the park. Donor recognition in parks is based upon the type of facility donated. Donor recognition on trails is limited on the trailheads unless there is an educational and/or art feature that is appropriate to be displayed along the trail. Recognition signs may not be predominant within the educational and/or art component. Recognition for each donation will be determined pursuant to the Recognition for Parks and Trails Facilities Policy. Any exceptions to this policy must be approved by City Council. Park Planners have the latitude to design signs recognizing donations based on site location and donor specific criteria. Naming of facilities donated must meet the Naming Park Facilities Operational Policy unless accepted under City Council resolution. The naming proposal will be presented to the Parks and Recreation Advisory Board for their recommendation to City Council. City Council has final approval of the park facility name, including the right to approve a different name. The option for naming facilities is only permitted under the Park Facility Diamond, Platinum, Gold and Silver categories. Minor items such as trash receptacles and flower beds can not be named. Exhibit "B" Parks and Recreation SUBJECT: Department Policies and OPERATIONS POLICY FOR NAMING Procedures Manual PARK FACILITIES CITY OF NUMBER: REVISIONS: EFFECTIVE PAGE: Tay Mev � PRK- DATE: 1 OF 1 SUPERSEDES: APPROVED BY: qe RKANSAS NAMING PARK FACILITIES PURPOSE The purpose of this directive is to provide policies which will govern the naming of park facilities currently owned or acquired by the City of Fayetteville. This policy statement takes precedence over any previous policies and guidelines which may have governed the naming of these facilities. POLICY Upon acquisition of a new park, the Director of Parks and Recreation will assign a nondescript temporary working name or subdivision name for the park facility to be used until park development begins. Once park development begins,the Parks and Recreation Department will receive and forward park facility name suggestions to the Parks and Recreation Advisory Board for review. The Parks and Recreation Advisory Board will discuss and approve the recommendations at their monthly meeting. Once a recommended name has been selected, the Parks and Recreation staff will forward the name to the City Council for its final park name selection including a potentially different name. The following items should be considered when proposing names for any park facilities: • Geographic location of the facility • Outstanding features of the facility • Commonly recognized historical event, group, or individual • Individual or group who contributed significantly to the acquisition or development of a facility • Individual who provided an exceptional service in the interest of the park system For an individual to be considered,the recommended name must be accompanied by a biographical sketch which provides evidence of historical significance or contributions to the Parks and Recreation Department or City of Fayetteville. The naming of plaques, markers, and memorials within park facilities must follow the policies as stated above. Note: A name recommendation from the Active Transportation Committee for trail facilities will be required prior to forwarding to the Parks and Recreation Advisory Board.