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Home My WebLink About223-11 RESOLUTIONRESOLUTION NO. 223-11 c=1/ A RESOLUTION TO NAME THE ALLEY THAT RUNS FROM ON rYa STREET SOUTH TOWARD CENTER STREET BETWEENOL ray OOL %-c) AVENUE AND LOCUST AVENUE FOR 911 PURPOSES "SHIPLEYttrY" -t, WHEREAS, some residential structures have been built behind houses in' the Wree blocks between School Avenue and Locust Avenue south of Dickson Street; and WHEREAS, some of these structures front only on an unnamed alley and are difficult to locate or access off the street address of the primary structure on the street which is how the 911 call is dispatched. 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 names the alley running north and south between Dickson Street and Center Street "Shipley Alley" to facilitate emergency 911 response. PASSED and APPROVED this 20th day of December, 2011. APPROVED: ATTEST: By:� � ('�44fiNu SON RA E. SMITH, City Clerk/Treasurer a ® ® s s'®mss®�'QKANSPo J=��o John Goddard Submitted By City of Fayetteville Staff Review Form City Council Agenda Items 12- -11 424€426-14 City Council Meeting Date Agenda Items Only 1 Information Technology Division Action Required: Finance Department Name an alleyway that extends from Center St. to Dickson St. and Parallel with School Ave. There are a number of residential units that are accessed only by this alley, which is a concern for emergency response to these addresses. The proposed name for this alley is "Midtown" (see attached map). $400.00 Cost of this request 2100.5315.5212.00 Account Number Project Number Budgeted Item X 41,020.00 Category / Project Budget 39,896.91 Program Category / Project Name Funds Used to Date Program / Project Category Name 1,123.09 Street Remaining Balance Fund Name Budget Adjustment Attached AI 411ft Department Direc or City Attorney Tca g. Finance and Internal Services Director j( /,f Previous Ordinance or Resolution # Original Contract Date: 11/1(0/ Zet ( Original Contract Number: Date Date 1 `- Ib-Z®tl Date //-/�.i/ Date //iy // D to 11-15-11PO4:34 RCVD Received in City Clerk's Office Comments: -1-1, a_p,oin eic,14 Revised January 15, 2009 a�F ve:leville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan Thru: Scott Huddleston From: John Godd Date: 11/15/2011 Subject: Naming an alley `Midtown' to aid in emergency response DESCRIPTION: This is a proposal to name an alley. The purpose is to help emergency responders to locate residential units that are accessed from an alley. This alley extends between Center Street and Dickson Street, and paralell with School Ave (see attached Map) RECOMMENDATION: Name Alleyway (currently an unnamed right-of-way) giving it the name `Midtown'. BUDGET IMPACT: $400.00 for street signs 1 1 1 O O OD O 0 N TI N (D V i O /O CD 3 CD 0 CD O sO z RESOLUTION NO. A RESOLUTION TO NAME THE ALLEY THAT RUNS FROM DICKSON STREET SOUTH TOWARD CENTER STREET BETWEEN SCHOOL AVENUE AND LOCUST AVENUE FOR 911 PURPOSES "MIDTOWN ALLEY" WHEREAS, some residential structures have been built behind houses in the three blocks between School Avenue and Locust Avenue south of Dickson Street; and WHEREAS, some of these structures front only on an unnamed alley and are difficult to locate or access off the street address of the primary structure on the street which is how the 911 call is dispatched. 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 names the alley running north and south between Dickson Street and Center Street "Midtown Alley" to facilitate emergency 911 response. PASSED and APPROVED this 6th day of December, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Page 1 of 1 Lisa Branson - Fwd: Fayetteville alley name From: Don Marr To: Branson, Lisa Date: 12/6/2011 9:58 AM Subject: Fwd: Fayetteville alley name Lisa - This was address to the City (in my email) So I wanted to make sure that the Council gets this for tonight. Thanks, Don Don Marr FAY rrEt ILLS Chief of Staff for Mayor Jordan 113 W Mountain Street Fayetteville, AR 72701 Office: 479-575-8330 For TDD: (Telecommunications Device for the Deaf) Dial 479-521-1316 Email: dmarr@ci.fayetteville.ar.us Website: www.accessfa,yettevlle.org »> <gailgood@comcast.net> 12/6/2011 9:50 AM »> Matthew: My name is Gail Goodrum: my husband and I own rental property on N. Locust, some of which fronts on the aforementioned alley. In all fairness, do any of the people who want to use a name from a fictional literary fantasy have any vested interest in the alley's name other than that it is "funky"? What those of us who are primarily involved with this situation are trying to do is to simplify the address and identify the alley so that emergency services can easily identify our properties. Finding a fanciful name seems unnecessary and potentially problematic. MidTown is descriptive of the location in the middle of the entertainment area. Unfortunately, we are not in town and cannot attend the council meeting. I would ask that you take our concerns seriously; we feel strongly that using a name from Harry Potter is not the best solution to problems we are hoping to address with the naming of the alley. Thank you. Gail and Randy Goodrum file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise\4EDDE741FA... 12/6/2011 ave ev! le Departmental Correspondence ARKANSAS www.accessfayetteville.org LEGAL DEPARTMENT MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: JASON B. KELLEY, ASST. CITY ATTORNEY CC: DON MARR, CHIEF OF STAFF KIT WILLIAMS, CITY ATTORNEY DATE: DECEMBER 6, 2011 RE: USE OF TRADEMARKED NAME FOR CITY ALLEY OR STREET Kit Williams City Attorney Jason B. Kelley Assistant City Attorney After learning that a proposal might be brought forward to name an alley in the City "Diagon Alley" as a specific reference to that name's use in the Harry Potter novels, I became concerned about potential federal trademark and/or copyright issues. The mark "Diagon Alley" is registered with the U.S. Patent and Trademark Office. The mark was filed by Time Warner Entertainment Company, L.P. The last listed owner of the mark is Warner Bros. Entertainment, Inc. Use of a trademark without the trademark owner's consent may cause legal issues for the City, unless such use could be considered "fair use" under applicable federal law. I am not in a position at this time to determine whether using the name "Diagon Alley" would be "fair use," but since the naming appears to be directly related to taking advantage of the name's notoriety as part of the Harry Potter fictional world, I am doubtful. Only a court could provide an ultimate answer. I am, admittedly, not an expert in the area of intellectual property law. To provide more detailed answers will require more legal research and study. If it is the Council's desire to use this name, I recommend direct contact be made with the trademark owner to seek permission, lest the City may be unintentionally exposing itself to legal liability. At a minimum, more legal research should be done to determine the City's right to use the name "Diagon Alley" if the Council desires to do so. N 0,1001 Summary of comments re: AIIey For Midtown AIIey: 1. Cathy Bass - landlord with residential properties facing the alley 2. Gail Goodrum - a second landlord with residential properties facing the alley This comment was against "Midtown Alley" but made no other suggestion: "Burgerboy" says: "'Midtown' is north of North Street, south of Herman's. The 'midtown' name doesn't fit. For Shipley, Schuler, or Bakery AIIey (suggestions with historical significance): 1. Evan McDonald 2. "dw" 3. Holly Teaff 4. Casey Willits - also supports Knockturn Alley, another alley from Harry Potter 5. David Franks 6. Rob Sharp For Diagon AIIey People with businesses in the alley 1. Sarah Varga (owner of Sideways and Ryleigh's) a. Diagon is more memorable, better for business, more fun. Midtown is boring. 2. Tony Brunyaseng (Chef and Manager at Wasabi) a. No preference, if had to make a choice, would choose Diagon. Thinks Midtown is a little confusing for a downtown location Emaiis from: 3. Roger Haak - "Please. Let's be creative and fun. I'm not the biggest Harry Potter fan, but I'm all about being intelligent and interesting. If Austin can be weird, why can't we take the "Keep Fayetteville Funky" to another level?" 4. Kara Morehart - "Diagon Alley? YES! ... Diagon Alley sounds AMAZING...." 5. Michael Ramirez 6. Kathy Ramirez - "... The Harry Potter series has had such a positive impact in my life. It started my love of reading. ..." 7. Hannah Mills (Manager at Dickston St Inn and A&P Commissioner) - 'It would really add a fun twist to Dickson." Other selected comments, from Fayetteville Flyer and Facebook: 8. "Lacy" - "I love this so much 1 can hardly stand it." 9. Judith Levine - "What a great idea! I love that this is close to 'Sideways' !!! 10. A city employee (wishes to remain anonymous) - "I think that is outstanding, and it is so Fayetteville. I told a friend of mine and she started laughing and she said 'I LOVE IT'. So I just wanted to express my support. I think it's great. I hope they vote for that." 11. Kelly Eubanks - "This is awsome.. hope it passes! Keep Fayetteville Funky :)" 12. "djstorms" - "I have never read a Harry Potter book and am not particularly fond of the movies but this would be awesome. What would be "funkier" than an alley named after Harry Potter?" 13. "innarested Observer" - "Great idea. Give the people what they want! Show some imagination, muggles..." 14. a. brown - "LOVE LOVE LOVE" 15. "George" - "... I'm all for. Diagon Alley. New street/alley names aren't generally up for vote. The only reason this one is even being discussed is b/c someone had the quirky idea to start a push for Diagon Alley. Don't hijack their inpiration." 16. Debra Lyon - "I vote for diagon alley. midtown alley is just too plain. let imagination run." 17. Mary Wells Murphy - "Too fun, why should big cities be where all the cool stuff is!!!" And there were four comments in support for naming it after a different alley from Harry Potter (Knockturn Alley). Trademark info Three trademarks exist containing the word "Diagon" The oldest is held by an individual, Susan Fowler, for a brand of comforters The other two are held by Warner Bros. and Time Warner • One is for toys and sporting goods • The other is for paper goods (books, coloring books, posters, etc) USPTO information on trademarks (from uspto.gov): A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. USPTO definition of goods: "goods are products." Name 1 Aaron Gibson 2 Aileen Ramos 3 Aleta Wright .......... 4!Alex Barry 5. Alexandra Magness 6 Alicxandromoda Roffino 7:Alison Alison 8 Allen Fields 9 Allyn Jordan ........... 10 Amber Marlene 11 Amelia Schembra 12 Amy Brown 13 Amy Leigh Lolmaugh 14 Andrea Love 15 Andrew Mayer 16 Angela Bishop 17 ‘Angela Gardner 18 Anna Pope 19 Annye DeGrand 20Ashley Franklin 21 Ave Adams 22 Banah Ghadbian 23 Betony Weakly Maringer 24BIake Ogilvie 25' Blake Pennington 26' Blake Rogers 27 (Brad Shepherd 28 Brandy Allen 29 Brandy Kilpatrick 30 Breana Patterson 31 ' Brian Larsen 32 Brittany C. Nims 33 Brittany Kanakis 34' Brittany Rodgers 35 Bruce Drebenstedt 36 Brynn Boyd Wright 37Caitlin Rose 38Carla Jean Anderson 39' Cassy_ Dominick 40 Charlene Gretsch 41 Charles Alison 42 ;Chase Goforth 43 FCindy Bruce 44 Clayton Suttle 451Colby Ward 46 Cory Whorton 47 Courtney Norris 48 Crystal Powe 49' D'Iorah Lynn Hughes 50 . Dan Clark 51jDanielle Sanchez 52 j Danna Gardner 53: Darcy Olmstead 54David Whitaker 55 `Debra Lyon r-- 56 Diana Howard 57 Diana M. Shepherd 58 Dominque Mitchell 59: Elizabeth Bullock -Rest 60 Elon Turner 61 Eric Jackson 62 Erica Hutchison 63 Erin Patterson 64 Forster McAlexander 65 George Kuhanck 66 Grace Henderson 67 ;Grace Law 68 Grege Lose 69 Gwenleif Irene 70. Hannah Lou Mills 71 Heather Wyman Kelso 72 Hilary Elizabeth Long 73 Jade Terminella 74 Jannifer ale 75 ;Jasmine Rose 76 Jayston Landon 77 JefferyMaples 78 Jenifer Haynes 79 `Jenni Watts 80 Jennifer Longstreth 81 :Jennifer White Vickers 82 i Jessica Keahey. 83 !Jessica Suzanne 84 [Jessie Smith 85:Jimmy Ray 86 `JoAnna Holt 87 Joe -Boyer ____.____._.---_-----;---.---.--------- 88 ;John Banks 89 JoJo Stewarta 90Jonathan Dupree 91 :Jonathon Owens 921Judith Robinson Levine 93 Karen Pownall 94 ;Kari Brown 95 4 Kathleen Lehman 96 I Katie Elizabeth 97 [Katy Bittle 98 € Kayleia Haley 99LKelly_Hampton Eubanks 100Kenny Geroge a 101Kevin Lyon 102 J Kristie Michelle Flournoy 103 Kristin Loman 104 E K r_Smith� 1051 Kyle Smith 106 `Laura Justiss Zehr 1071 Laura Whitfield 1081 Lauren Hope._ 109 1Lindsey Wimberly 110; Lukas Dange Malone 111 Macleod Dent Otter Sawyer 112 Malcom Buckelew 113 Marco -Adrian Ramos 114 Marisa Grippo 115 Mark Prime 116 Matthew Petty 117 Meagan Breaux 118 Megan Muncie 119 Megan Pearson Hargus 120 Melissa Juchau 121 ' Melissa Kelly Williams 122 Michael Ramirez 123 Mike Stephens 124 Misty Smith Erickson 125 Mithell Priest 126 Mitzi Miller 127 Molly Mehl 128' Neil Heller 129 Nick Vargas 130 Nicole Powell 131 Olivia Michelle 132 Pat Dallas 133 Penny Gray 134 Rachel Starr Mize 135 Raymond Anders 136 Rhiannon Hicks 137 Robert Warner 138 ! Roger Donham 139 Sabrina Rivera 140 Sandra Caudle Allred 141 Sara Dent Sawyer_ 142 Sarah E King 143 Sarah Spiegel 144 Shannon Wallace 145 Sherri Goff 146 Shiew Wen Tyler Tan 147 Stacey Clay Rupar 148 Stan Rankin 149 Stephanie Crawley Burroughs _ 150 Stewart McAlexander 151 Tabitha Ann Goebel 152 Tabitha Raimer Orr 153 Tara Jo Kelly 154 Tess Dominick 155 'Tina Demrest 156 Tonya Wright 157 Trisha Ann Lucas 158 'Vincent Grossi 159 'Wanda Parr 160: Wes Warner 161 tVVill Watari Phillips 162 1Yasmin Geradts 163 iZachary Jones McHardy _ 164 ;Zack Wakefield 1651Zessna Garrcia 166 Zoe Smith Carrier