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Home My WebLink About2009-07-07 - 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—Matthew 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 July 7, 2009 A meeting of the Fayetteville City Council will be held on July 7, 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 June 9, 2009 Special City Council meeting minutes. APPROVED. 2. U.S. Marshal's Service: A resolution to approve a budget adjustment to recognize $25,000.00 in revenue from the U.S. Marshal's Service for police overtime costs. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 143-09 3. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to apply for a State and Tribal Assistance Grant (STAG) in the amount of$286,400.00 from the U. S. Environmental Protection Agency for sanitary sewer system improvements; and designating the Mayor as the City of Fayetteville's authorized representative in all matters relating to the procurement and administration of said grant. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 144-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 4. Drake Field Insurance Reimbursement: A resolution approving a budget adjustment recognizing the receipt of insurance reimbursement and establishing a project budget to track expenses related to the demolition, cleanup and contingency replacement of the hangar building at Drake Field that was destroyed by fire. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 145-09 5. Ice Storm 2009 Disaster: A resolution approving budget adjustments totaling $377,291.00 to restore various operating budgets to funds and departments for cash expenses incurred in response to Ice Storm 2009 Disaster. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 146-09 6. Garver Engineers, LLC Amendment No. 4: A resolution approving Amendment No. 4 to the contract with Garver Engineers, LLC to reduce the fee for construction phase services by $109,964.00 for Mount Comfort Road Improvements Contract 2, from Alpine Avenue to Rupple Road. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 147-09 7. Arkansas Natural Resources Commission Grant: A resolution authorizing the Engineering Division to apply for a grant through the Arkansas Natural Resources Commission for the design and implementation of a stream bank restoration project along a section of the White River adjacent to the Fayetteville Executive Airport. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 148-09 8. RFP # 09-07 Score American Soccer Company, Inc.: A resolution accepting a proposal in response to RFP # 09-07 and approving the purchase of youth soccer uniforms from Score American Soccer Company, Inc. in the amount of $27,097.00 for the Fall 2009 and Spring 2010 Season. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED IN NEW BUSINESS. 9. Wellington Drive Right-of-Way: A resolution authorizing the donation of right-of-way along Wedington Drive containing .09 acres and being a part of parcel No. 765-13741- 007, and authorizing the Mayor to execute deeds and all other necessary papers to transfer ownership of the property to the Arkansas State Highway Commission. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 149-09 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 B. Unfinished Business: 1. RZN 09-3271 (Sale Barn/Campus Crest LLC, 562): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sale Barn, north and east of 11th Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG, Downtown General. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 2. Box Avenue Appeal: An ordinance rezoning that property described in rezoning petition RZN 09-3280, for approximately 1.20 acres, located at the northwest corner of Mission Boulevard and Box Avenue from R-O, Residential Office, to C-1, Neighborhood Commercial. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. C. New Business: 1. Light Rail Transit System: A resolution to support an alternatives analysis study to determine the feasibility of a light rail transit system in Northwest Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 150-09 2. ADM 09-3307 (Sustainable Yards): An ordinance to amend § 95.01 Unsightly or Unsanitary Conditions on Real Property; Order and Notice To Correct of the Fayetteville Code to encourage properly maintained and managed naturalistic landscapes. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5250 3. National Cemetery Neighborhood Area Study: A resolution to request that City Planning study the National Cemetery Neighborhood Area of South Fayetteville to propose a Master Plan. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-09 4. Amend § 111.30 Retail: An ordinance to amend § 111.30 Retail of the Code of Fayetteville to comply with new State law. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5251 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 The following Resolution was removed from the Consent Agenda for discussion: 5. RFP # 09-07 Score American Soccer Company, Inc.: A resolution accepting a proposal in response to RFP # 09-07 and approving the purchase of youth soccer uniforms from Score American Soccer Company, Inc. in the amount of $27,097.00 for the Fall 2009 and Spring 2010 Season. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 152-09 Agenda Additions: NONE Announcements: 1. City Council Tour: July 6, 2009 — Noland Wastewater Treatment Plant — Fox Hunter Road Adjournment: Meeting adjourned at 9:15 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all 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)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 City Council Meeting: July 7, 2009 Adjourn• q , Subject: Roll Petty ✓ Rhoads ✓ Ferrell Lucas Lewis L/ Gray Thiel Cook Mayor Jordan VZ Subject: Motion To: Motion By: Seconded: Petty Rhoads Ferrell Lucas Lewis Gray Thiel Cook Mayor Jordan City Council Meeting: July 7,2009 Subject: Consent Motion To: roue 4-g41 - Motion By: Seconded: 14e tz -#9 Petty e 'khoads 5a�eaw `� - � - - Ferrell Lucas Lewis (blinwa� Gray ✓ 01�.�n—ew-e� Thiel Cook IL rCr.(� Mayor Jordan g-o Subject: Motion To: Motion By: Seconded: Petty Rhoads Ferrell Lucas Lewis Gray Thiel Cook Mayor Jordan City Council Meeting: July 7, 2009 Subject: RZN 09-3271 (Sale Barn/Campus Crest LLC, 562) Motion To: Motion By: G` Seconded: B. 1 Petty ✓ Unfinished Rhoads Business Ferrell Lucas r/ Lewis ✓ pGray nIX Thiel as' ada Cook � Mayor Jordan Subject: Box Avenue Appeal Motion To: Motion By: b Seconded: B. 2 Petty Unfinished Rhoads Business Ferrell Lucas � Lewis �Qh�ojnfel ray 1/ Thiel Qbw� o�n+nl n ax k Cook Mayor Jordan City Council Meeting: July 7,2009 Subject: Light Rail Transit System Motion To: Motion By: Seconded: C. 1 Petty New Rhoads Business Ferrell f Lucas �✓ Lewis ✓ 'lilt,� Gray ✓ Thiel ✓ Cook Mayor Jordan Subject: ADM 09-3307(Sustainable Yards): Motion To: Motion By: Seconded: C. 2 Petty ✓ ✓ New Rhoads Business Ferrell � Lucas ✓ ✓ Lewis Gray Thiel E/ Cook 1✓ ,/ Mayor Jordan FV%n/ g � City Council Meeting: July 7,2009 Subject: National Cemetery Neighborhood Area Study Motion To: i-��y-EN a, PL � Motion By: JAi Seconded: _ T' C. 3 Petty �f f New Rhoads f f N Business Ferrell Lucas ,, f Lewis K Gt Gray f lj N Thiel ✓ v/ Cook ✓ v/ I �Uq Mayor Jordan Ivl �� " 0m 8- 0 g-o +0 AGA,! 46 � l0n Subject: Amend § 111.30 Retail Motion To: n 3� d Motion By: Seconded: C� C. 4 Petty ✓ ✓ New Rhoads ✓ Business Ferrell t/ Lucas �/ ✓ �/ P" Lewis Gray ✓ ✓ f Thiel �,/ �/ ✓ Cook ✓' f of � � Mayor Jordan City Council Meeting: July 7,2009 Subject: — j� C i` P Iv- c 21 Motion To: Motion By: 40 AJ i Seconded: �y Petty Rhoads a(�nseo�� Ferrell Lucas Lewis Gray Thiel Cook Jam!1, Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Rhoads Ferrell Lucas Lewis Gray Thiel Cook Mayor Jordan FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY Ll DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor THRU: Sondra Smith, City Clerk r FROM: Kit Williams, City Attorney �—=-- DATE: July 8, 2009 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of July 7, 2009 1. U.S. Marshal's Service: A resolution to approve a budget adjustment to recognize $25,000.00 in revenue from the U.S. Marshal's Service for police overtime costs; 2. State and Tribal Assistance Grant (STAG): A resolution authorizing the mayor to apply for a State and Tribal Assistance Grant in the amount of $286,400.00 from the U.S. Environmental Protection Agency for sanitary sewer system improvements; and designating the mayor at the City of Fayetteville's authorized representative in all matters relating to the procurement and administration of said grant; 3. Drake Field Insurance Reimbursement: A resolution approving a budget adjustment recognizing the receipt of insurance reimbursement and establishing a project budget to track expenses related to the demolition, cleanup and contingency replacement of the hangar building at Drake Field, that was destroyed by fire; 4. Ice Storm 2009 Disaster: A resolution approving budget adjustments totaling $377,291.00 to restore various operating budgets to funds and departments for cash expenses incurred in response to Ice Storm 2009 Disaster; 5. Garver Engineers, LLC Amendment No. 4: A resolution approving Amendment No. 4 to the contract with Garver Engineers, LLC to reduce the fee for construction phase services by $109,964.00 for Mount Comfort Road Improvements Contract 2, from Alpine Avenue to Rupple Road; 6. Arkansas Natural Resources Commission Grant: A resolution authorizing the Engineering Division to apply for a grant through the Arkansas Natural Resources Commission for the design and implementation of a stream bank restoration project along a section of the White River adjacent to the Fayetteville Executive Airport; 7. RFP #09-07 Score American Soccer Company, Inc.: A resolution accepting a proposal in response to RFP #09-07 and approving the purchase of youth soccer uniforms from Score American Soccer Company, Inc. in the amount of$27,097.00 for the fall 2009 and spring 2010 season; 8. Wedington Drive Right-of-Way: A resolution authorizing the donation of right- of-way along Wedington Drive containing .09 acres and being a part of Parcel No. 765- 13741-007, and authorizing the Mayor to execute deeds and all other necessary papers to transfer ownership of the property to the Arkansas State Highway Commission; 9. ADM 09-3307 (Sustainable Yards): An ordinance to amend §95.01 Unsightly or Unsanitary Conditions on Real Property; Order and Notice to Correct of the Fayetteville Code to encourage properly maintained and managed naturalistic landscapes; 10. Town Branch Neighborhood Area Study: A resolution to request that City Planning staff consider the Town Branch Neighborhood area of South Fayetteville as a candidate for Master Planning; 11. Amend §111.30 Retail: An ordinance to amend §111.30 Retail of the Code of Fayetteville to comply with new state law. 2 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel Taye eel e Ward 2 Position I —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 July 7, 2009 A meeting of the Fayetteville City Council will be held on July 7, 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 June 9, 2009 Special City Council meeting minutes. 2. U.S. Marshal's Service: A resolution to approve a budget adjustment to recognize $25,000.00 in revenue from the U.S. Marshal's Service for police overtime costs. 3. State and Tribal Assistance Grant (STAG): A resolution authorizing the Mayor to apply for a State and Tribal Assistance Grant(STAG) in the amount of$286,400.00 from the U. S. Environmental Protection Agency for sanitary sewer system improvements; and designating the Mayor as the City of Fayetteville's authorized representative in all matters relating to the procurement and administration of said grant. 4. Drake Field Insurance Reimbursement: A resolution approving a budget adjustment recognizing the receipt of insurance reimbursement and establishing a project budget to track expenses related to the demolition, cleanup and contingency replacement of the hangar building at Drake Field that was destroyed by fire. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 5. Ice Storm 2009 Disaster: A resolution approving budget adjustments totaling $377,291.00 to restore various operating budgets to funds and departments for cash expenses incurred in response to Ice Storm 2009 Disaster. 6. Garver Engineers, LLC Amendment No. 4: A resolution approving Amendment No. 4 to the contract with Garver Engineers, LLC to reduce the fee for construction phase services by $109,964.00 for Mount Comfort Road Improvements Contract 2, from Alpine Avenue to Rupple Road. 7. Arkansas Natural Resources Commission Grant: A resolution authorizing the Engineering Division to apply for a grant through the Arkansas Natural Resources Commission for the design and implementation of a stream bank restoration project along a section of the White River adjacent to the Fayetteville Executive Airport. 8. RFP # 09-07 Score American Soccer Company, Inc.: A resolution accepting a proposal in response to RFP # 09-07 and approving the purchase of youth soccer uniforms from Score American Soccer Company, Inc. in the amount of $27,097.00 for the Fall 2009 and Spring 2010 Season. 9. Wellington Drive Right-of-Way: A resolution authorizing the donation of right-of-way along Wedington Drive containing .09 acres and being a part of parcel No. 765-13741- 007, and authorizing the Mayor to execute deeds and all other necessary papers to transfer ownership of the property to the Arkansas State Highway Commission. B. Unfinished Business: 1. RZN 09-3271 (Sale Barn/Campus Crest LLC, 562): An ordinance rezoning that property described in rezoning petition RZN 09-3271, for approximately 8.87 acres, located at the old Washington County Sate Barn, north and east of 11th Avenue and Government Avenue from I-1, Heavy Commercial/Light Industrial, to DG, Downtown General. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. 2. Box Avenue Appeal: An ordinance rezoning that property described in rezoning petition RZN 09-3280, for approximately 1.20 acres, located at the northwest corner of Mission Boulevard and Box Avenue from R-O, Residential Office, to C-1, Neighborhood Commercial. This ordinance was left on the First Reading at the June 16, 2009 City Council meeting. C. New Business: 1. Light Rail Transit System: A resolution to support an alternatives analysis study to determine the feasibility of a light rail transit system in Northwest Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 2. ADM 09-3307 (Sustainable Yards): An ordinance to amend § 95.01 Unsightly or Unsanitary Conditions on Real Property; Order and Notice To Correct of the Fayetteville Code to encourage properly maintained and managed naturalistic landscapes. 3. National Cemetery Neighborhood Area Study: A resolution to request that City Planning study the National Cemetery Neighborhood Area of South Fayetteville to propose a Master Plan. 4. Amend § 111.30 Retail: An ordinance to amend § 111.30 Retail of the Code of Fayetteville to comply with new State law. Agenda Additions: Announcements: 1. City Council Tour: July 6, 2009 — Noland Wastewater Treatment Plant — Fox Hunter Road Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain 72701 (479)575-8323 accessfayetteville.org TDD(Telecommunications Device for the Deaf)(479)-521-1316 A.6 /� (O� Garver Engineers,LLC l/ I! Amendment No.4 Page 1 of 2 RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE CONTRACT WITH GARVER ENGINEERS, LLC TO REDUCE THE FEE FOR CONSTRUCTION PHASE SERVICES BY $109,964.00 FOR MOUNT COMFORT ROAD IMPROVEMENTS CONTRACT 2, FROM ALPINE AVENUE TO RUPPLE ROAD. 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 approves Amendment No. 4 to the contract with Garver Engineers, LLC to reduce the fee for construction phase services by $109,964.00 for Mount Comfort Road Improvements Contract 2, from Alpine Avenue to Rupple Road. A copy of the Amendment, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this Th day of July,2009. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer A.6 Garver Engineers,LLC Amendment No.4 Page 2 of 2 A.7 Arkansas Natural Resources Commission Grant Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ENGINEERING DIVISION TO APPLY FOR A GRANT THROUGH THE ARKANSAS NATURAL RESOURCES COMMISSION FOR THE DESIGN AND IMPLEMENTATION OF A STREAM BANK RESTORATION PROJECT ALONG A SECTION OF THE WHITE RIVER ADJACENT TO THE FAYETTEVILLE EXECUTIVE AIRPORT. 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 Engineering Division to apply for a grant through the Arkansas Natural Resources Commission for the design and implementation of a stream bank restoration project along a section of the White River adjacent to the Fayetteville Executive Airport. PASSED and APPROVED this 7h day of July, 2009. . APPROVED: ATTEST: By: By. LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.7 Arkansas Natural Resources Commission Grant Page 2 of 2 A.8 RFP#09-07 Score American r�{�p Soccer Company, Inc. YI Page 1 of 2 RESOLUTION NO. A RESOLUTION ACCEPTING A PROPOSAL IN RESPONSE TO RFP #09-07 AND APPROVING THE PURCHASE OF YOUTH SOCCER UNIFORMS FROM SCORE AMERICAN SOCCER COMPANY, INC. IN THE AMOUNT OF $27,097.00 FOR THE FALL 2009 AND SPRING 2010 SEASON. 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 accepts a proposal in response to RFP #09-07 and approves the purchase of youth soccer uniforms from Score American Soccer Company, Inc. in the amount of$27,097.00 for the Fall 2009 and Spring 2010 Season. PASSED and APPROVED this 7h day of July, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer A.8 RFP#09-07 Score American Soccer Company, Inc. Page 2 of 2 C.3 AGENDA REQUEST National Cemetery Neighborhood Area Study Page 1 of 4 Ole l FOR: COUNCIL MEETING OF JULY 7, 2009 FROM: COUNCIL MEMBER SARAH LEWIS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Request That City Planning Study The National Cemetery Neighborhood Area Of South Fayetteville To Propose A Master Plan APPROVED FOR AGENDA: Sar Lewis Date Council Member �oI3,j /ogi Kit Williams V Date City Attorney (as to form) �P�) ✓ ofu��Ci- C.3 ---- National Cemetery Neighborhood /1 Area Study Page 2of4 RESOLUTION NO. A RESOLUTION TO REQUEST THAT CITY PLANNING STUDY THE NATIONAL CEMETERY NEIGHBORHOOD AREA OF SOUTH FAYETTEVILLE TO PROPOSE A MASTER PLAN WHEREAS, the City of Fayetteville's Planning Department has successfully studied, listened to citizen and land owner comments and prepared excellent Master Plans for the Walker Park Neighborhood and Fayetteville Junction Master Plan areas of south Fayetteville; and WHEREAS, both of these Master Plans were eventually approved by the Planning Commission and City Council; and WHEREAS, both of these Master Plans were effectuated by the neighborhood rezonings approved by most of the citizens and landowners, recommended by the Planning Commission and enacted by the City Council; and WHEREAS, the neighborhood between these two master planned areas and around the National Cemetery would benefit from such master planning with appropriate rezoning. 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 requests that City Planning Staff study the National Cemetery Neighborhood area as shown on the attached map, prepare a Master Plan, and recommend eventual rezonings to accomplish the Master Plan for this area. PASSED and APPROVED this 7th day of July, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer a r t 3.ima� d • 4 ' t , � ' •. P 1 A • I 1 j rygp JJrr v+. •4 ♦ y M `YI y _ � ��y�,�F }•r Yea � 1 �r Q - '.1 _ _ ,z LL• }I��'� tR�f � 4 !� I �}n�l lid! i. r. � __ a v4 4`••eq,.\ �J`XY' 1•". : �y� y • C.3 National Cemetery Neighborhood Area Study Page 4 of 4 fi AGENDA REQUEST Amend§111.30 Retail � d` Page 1 of 6 FOR: COUNCIL MEETING OF JULY 7, 2009 FROM: CITY ATTORNEY KIT WILLIAMS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §111.30 Retail Of The Code Of Fayetteville To Comply With New State Law APPROVED FOR AGENDA: Q( 1 _6 1 Kit Williams Date City Attorney FAYETTEVILLEmen 111.30 Retail THE CITY OF FAYETTEVILLE,ARKANSAS ge 6 KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council Greg Tabor, Police Chief Paul Becker, Finance Director FROM: Kit Williams, City Attorney �C ; DATE: June 30, 2009 RE: Act 294 of 2009 changes in alcoholic beverage control law relating to Sunday sales, permit fees, etc. Attached please find the Police Department's recommended changes and additions to Chapter 111 Alcoholic Beverages of the Fayetteville Code in response to Act 294 of 2009. I certainly concur in the need to amend §111.30 Retail (C) Retail beer and light wine on premises permit and (E) On premises consumption — Hotel, motel or restaurant permit related to their hours of operation provisions. Act 294 apparently made no change to the regulation of private clubs or retail off- premises hours. However, the citizens may refer an ordinance to the voters to allow the sale of alcoholic beverages for off-premises consumption on Sundays. The normal referendum requirement of 15% of the last general election voters is needed to call a referred election on Sunday sales for liquor stores. The Police Department recommends the creation of a new Restaurant Beer and Wine Permit to made the new A.C.A. §24-1001 et seq. state law created by Act 294. I have drafted a proposed new subsection (H) Restaurant Beer and Wine Permit pursuant to the Police Department's recommendation. I also agree with the Police Department's recommendation that we amend subsection (G) Satellite catering permit by renaming it: "Off-premises caterer's permit" as it is now referred to by A.C.A. §3-4-901. 1 will draft a new proposed subsection (G) Off-premises caterer's permit for your consideration. I will await your decision about extending the alcoholic beverage serving hours on a Sunday when it falls on New Year's Eve. State law allows such an extension from the normal ending hour of 10:00 P.M. to 2:00 A.M. the next day. New Year's Eve for 2009 is on a Thursday; 2010 is on Friday; and 2011 is on Saturday. C.4 Amend§111.30 Retail Page 3 of 6 Even though the new Restaurant Beer and Wine Permit should require a $175.00 city permit fee, new permit fees cannot take effect until July 1, 2010. "The permit fees increased or established in this act (294) shall become effective beginning with the 2010-2011 renewal and new permit period." Section 29 of Act 294. Therefore, any changes to the Fayetteville Code concerning new or increased fees cannot be effective until July 1, 2010, when the City's permits are issued on a fiscal year basis. I am still studying the new provisions about alcoholic beverage wholesalers. There is a new "Minimum wholesale liquor permit" with a $2,500.00 state fee. A.C.A. §3-4-607. However, the legislature kept A.C.A. §3-4-605 Wholesalers and expanded it to include not only liquor, wine and malt liquors, but beer and kept its permit fee at $700.00. I have yet to determine why a wholesaler would seek the new "Minimum wholesale liquor permit" at more than three times the cost of the existing wholesale liquor permit. Similarly a beer or wine wholesales must pay "a special tax of$250.00" to operate in each county (capped at $1,000.00 regardless the number of counties serviced). Why would a beer distributer (wholesaler) seek a more expensive permit ($700.00 or $2,500.00) to wholesale beer here? Is this "tax" in addition to the wholesale permit fee? I will try to figure out this new law prior to July 1, 2010. Attached is a proposed ordinance changing the Sunday sales ordinances to conform with state law. (6/30/2009) Kit Williams-City Ordinance 111 Recommendations for Changes and Additions 4 14-09.doc Page 1 Amend§111.30 Retail Page 4 of 6 City Ordinance 111 Recommendations for Changes and Additions Recommended Changes Recommended Change#1: In Retail beer and light wine on-premises permit Hours of Operation p. 9, redefine hours of operation language and remove "on Sunday". (State law p. 2 now affords, "A person that holds a permit that allows the on-premises consumption of alcoholic beverages may operate on Sundays between the hours of 10:00 a.m. and 12:00 midnight".) Recommended Change#2: In On-premises consumption-Hotel, motel or restaurant permit Hours of Operation p. 10, remove "on any Sunday", and remove"unless that establishment has a valid Sunday Sales permit issued by the ABC. If an establishment has a valid Sunday Sales permit, its hours of operation on Sunday shall be governed by state law(A.C.A$3-9-215)". (State law p. 2 now affords, "A person that holds a permit that allows the on-premises consumption of alcoholic beverages may operate on Sundays between the hours of 10:00 a.m. and 12:00 midnight".) Recommended Additions Recommended Addition#1: Creation of Restaurant Beer and Wine Permit to match new permit in state law(State law p. 9 creates state restaurant beer and wine permit). Recommended Addition#2: Create off-premises caterer's permit to match the state off- premises caterer's permit. (This was a concern prior to this new state law in that the city's satellite caterer's permit language does not match the caterers' permits that have been issued by the state to several caterers operating in Fayetteville) Recommended Addition#3: Consider adding additional hours of operation on Sundays that fall on New Year's Eve 10:00 a.m. to 2:00 a.m. (to match state law p. 15, extended hours on December 31 st falling on Sunday)