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HomeMy WebLinkAbout2000-05-02 - Agendas - Final FAYETTEX LLE i THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL MAY 29 2000 The meeting of the Fayetteville City Council will be held on May 2, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville Arkansas. A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: Approval of the minutes of the April 18, 2000 City Council meeting. 2. SOCCER COORDINATOR: A resolution approving a budget adjustment to hire a Soccer Coordinator to administer the youth and adult soccer program for the City Parks and Recreation Division. 3. CLEVELAND STREET: A resolution approving an engineering contract amendment in the amount of $22,446.00 with Crafton-Tull and Associates for changes to the Cleveland Street project. 4. HWY 45 WATERLINE: A resolution approving an engineering design contract in the amount of $36,740.00 with McClelland Consulting Engineers for a new 12 inch water line adjacent to and on the new Highway 45 East White River Bridge to be constructed in 2000/2001 by the AHTD and approval of a budget adjustment. B. OLD BUSINESS 1. RZ 00-13.00: An ordinance approving rezoning request RZ 00- 13 .00 submitted by Charles Venable on behalf of the City of Fayetteville for property located at 1020 Harold Street. The property is zoned R- 1 , Low Density Residential and contains approximately 0.77 acres. The request is to rezone to R-0, Residential Office. The ordinance was left on the first reading at the April 18, 2000 meeting. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 2. PERMIT REPORT: A report from the City Attorney regarding the ordinance requirements for Stormwater Management, Drainage, and Erosion Control permits and Grading permits for CMN Business Park. C. NEW BUSINESS 1 . VA 00-2.00: An ordinance for VA 00-2.00 submitted by the City of Fayetteville on behalf of property owners Albert and Marty Pennington for property located at 3 Wallin Mountain Road, West Fork, Arkansas. The request is to vacate a 30 foot utility easement. 2. STEELE CROSSING : An appeal of a Planning Commission decision submitted by Alderman Kyle Russell regarding LSD 00-5 .00 (Steele Crossing Shopping Center). CHECKLIST FOR CITY COUNCIL MEETING: 47/�/2000 AGENDA DUE: Draft Tentative Agenda Session Final DATE: 0///07lov �/,�/�iz� 7 a '!/Lt7) DISTRIBUTION: T A F Staff: T A F Bob Reynolds Mayor Hanna r/ Ron Austin V John Maguire ✓ Cyrus Young Nancy Hendricks Kyle Russell Charles Venable Trent Trumbo Don Bunn Bob Davis Marilyn Cramer Kevin Santos Steve Davis ✓ Heather Daniel Yolanda Fields ✓ Jerry Rose Northwest AR Times ✓ Tim Conklin Morning News vel j Alett Little AR Democrat-Gazette ❑ Draft Agenda ®' Check for Additional Items Cl Mail Notification Letters to Applicants / Property Owners ❑ Tentative Agenda Wm Include all contracts GP' Include budget adjustments Gi` All signatures on Staff Review Form Page numbers correct ter 24 copies of agenda packet distributed to Distribution 34 copies of agenda cover distributed to general staff t]' 10 copies of agenda cover placed in City Clerk's office agenda cubbybox 11 Put minutes cover (items approved) on front of agenda Continued: CHECKLIST FOR CITY COUNCIL MEETING : _/_/2000 ❑ Agenda Session V' Attendance U/ Additional Information ❑ ' New Information tgo' Requested Information iu/ Distribute Agenda Session packet to anyone absent &K Make sure Lana / Nlatilyrrhave their copies ❑ Final Agenda ❑ Additional Information ❑ Minutes ❑ All signatures on Staff Review Form and executed contracts (other side) ❑ Include all contracts ❑ Include budget adjustments ❑ 24 copies of agenda packet distributed to Distribution ❑ 34 copies of agenda cover distributed to general staff ❑ 15 copies of agenda cover placed in City Council entry box ❑ Advertisement ❑ Display ad faxed to NWAT, Friday, 11 :00 a.m. ❑ Fax proof checked / returned to NWAT by Friday afternoon ❑ Cut out Final Agenda from Monday newspaper ❑ Internet disk: approved minutes, agenda, public meetings to Kevin Springer ❑ City Council ❑ Roll tally ❑ Assemble and bring full agenda ❑ Resolutions / Ordinances: ❑ Resolutions / Ordinances assembled and signed ❑ Update Resolutions / Ordinances Book ❑ Attach correspondence / conversations to Resolutions / Ordinances ❑ Resolutions / Ordinances indexed and microfilmed ❑ Publish ordinances ❑ File ordinances at Washington County Courthouse ❑ Distribute originals and copies with cover letters ❑ Send ordinances for codification ❑ Thank you letters to speakers ❑ Send notification letters to applicants ❑ Index City Council minutes ❑ Distribute City Council minutes ❑ Planning ❑ Marilyn Cramer ❑ Arthur Andersen 11 Public Library CITY COUNCIL May 2, 2000 OV V01 TNG REYNOT DS AUSTIN DAVIS TRITMRO DANIFT SANTOSMAYOR HANNA pcat ►� RFYNOI DR AllqTTN DAVIR TRUMBO DANIEL NANTOR MAYOR HANNA RI IRRFET ATIONTIN DAVTLPs TRI JMR0 t7 DANIEL SANTOR MAYOR HANNA V CITY COUNCIL May 2, 2000 Z , /P. 7�4G o -VOT LNG Pgss !/ ✓ !� REYNOT USS AllqTrN DAVIS DANIFT SANTOS ✓ J ,/ MAYOR RAT%TNA I 7-0 . Y01 Ncy ATTRILM DAVIS s� TRUMBO DANIEL MAYOR HANNA t� RUSSELL AUSTIN DAVIR TRITMRO DANIFT SANTOR MAYOR HANNA v FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Bob Kittinger 3829 Gardenia Drive Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. Kittinger: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sin✓cceer/ely, eather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575.8257 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Patricia Mikkelson 2414 N. Blackberry Drive Fayetteville, AR 72701 Re: City Council Meeting Dear Ms. Mikkelson: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, q t Bather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Anita Schnee 2399 Abbott Lane Fayetteville, AR 72701 Re: City Council Meeting Dear Ms. Schnee: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, // Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 FAYETTEVIL0LE THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Joe Williams 585 N. Rockcliff Road Fayetteville, AR 72701 Re : City Council Meeting Dear Mr. Williams: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, eatrruff City Clerk 113 WEST MOUNTAIN 72701 501 521 -7700 FAX 501 575-8257 FAYETTEVIL0LE THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 John DuVal 1131 N. Eastwood Drive Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. DuVal : Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, !Bather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYETTEVIL0LE THE CITY OF FAYETTEVILLE, ARKANSAS May 3 , 2000 Audrea Foumey 1214 N. Shady Lane Fayetteville, AR 72701 Re: City Council Meeting Dear Ms. Foumey: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, Her Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYETTEVILaLE THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Steve Frankenberger 414 W. Prospect Drive Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. Frankenberger: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, / l Zee�ruff �/l/a?:'e�� City Clerk 113WESTMOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS May 3 , 2000 Morton Newmark 1039 E. Overcrest Street Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. Newmark: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, lAx Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 FAYETTEVIL0LE THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Rick McKinney 609 E. Rogers Drive Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. McKinney: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS May 3 , 2000 Peter Heinzelmann 1737 Appleberry Drive Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. Heinzelmann: Thank you for taking the time to attend the City Council meeting on May 2, 2000. 1 realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, *ate �/�TA Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS May 3 , 2000 Richard Maynard 1717 Sang Ave. Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. Maynard: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, , /7 Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 FAYETTEVI & E THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Coleen Gastin 3270 Rom Orchard Fayetteville, AR 72701 Re: City Council Meeting Dear Ms. Gastin: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. 1 can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 FAYETTEVI& E THE CITY OF FAYETTEVILLE, ARKANSAS May 3 , 2000 Kit Williams 39 E. Center, Suite 108 Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. Williams: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, eather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 FAYETTEVI& E THE CITY OF FAYETTEVILLE, ARKANSAS May 3 , 2000 Cary Arsaga 16 W. Maple Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. Arsaga: Thank you for taking the time to attend the City Council meeting on May 2, 2000. 1 realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, � ���� a'GGCLI� f } eather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYETTEVI& E • THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Donna Porter 1030 Huntsville Road Fayetteville, AR 72701 Re: City Council Meeting Dear Ms. Porter : Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 FAYETTEVIL�LE r THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Gary Adams 760 N. 46th Ave. Fayetteville, AR 72704 Re: City Council Meeting Dear Mr. Adams: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sic/rely, Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYETTEVI& E THE CITY OF FAYETTEVILLE, ARKANSAS May 3 , 2000 O. E. Luttrell 4480 W. Luttrell Lane Fayetteville, AR 72704 Re: City Council Meeting Dear Mr. Luttrell : Thank you for taking the time to attend the City Council meeting on May 2, 2000. 1 realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 FAYETTEVI& E r THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Wayne Flora 5890 Michael Cole Drive Fayetteville, AR 72701 Re: City Council Meeting Dear Mr. Flora: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, le,elhei W�oodruff City Clerk 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYETTEVI& E THE CITY OF FAYETTEVILLE, ARKANSAS May 3, 2000 Bill Jowers 452 North 46th Street Fayetteville, AR 72704 Re: City Council Meeting Dear Mr. Jowers: Thank you for taking the time to attend the City Council meeting on May 2, 2000. I realize sacrifices often have to be made in order to attend. I wanted you to know how important and appreciated your contributions were. I can not impress upon you enough the importance of public participation. Our Council needs to hear the voices of our dedicated and concerned citizens. If I can assist you in anyway, please contact the City Clerk's office at 575-8323 . Once again, thank you for your participation. Sincerely, 4? e55j�w-a Heather Woodruff City Clerk 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 Post-it* Fax Note `t 7671 DateZ Q pages To L From 7� CoJDept. Co. Phone # Phone # Fax # ;�07 Post-it* Fax Note 7671 Date ZS OD # ooes� To � /N ro Co./Dept. &07 Co. Phone # Phone # r7 p 2 3 Fax # 7 /S Fax # .J O ✓ Post-it• Fax Note 7671 Date S� P*aoes� To From QYO.Mept. Co. Phone #QL �Q Phone # Soi -57S- 07 Fax Fax # RECEIVED • APR 2 5 2000 CITYOFFAYTLEyI� MEMORANDUM CnY CLERK'S OFFICE TO: Heather Woodruff, City Clerk FROM: Kyle Russell, Alderman DATE: April 259 2000 SUBJECT: Appeal of Planning Commission approval of LSD 00-5.00 on April 24, 2000 ----------------------------------------------------------------------------------------------------------------- Pursuant to Fayetteville Code of Ordinances (hereinafter F.C.O.) section 159.54(F)(1 ). I hereby appeal the decision of the Planning Commission of April 24, 2000, to approve LSD 00-5.00 (Steele Crossing Shopping Center) on the ground that I believe the applicant's plan clearly violates the Tree Protection and Preservation Ordinance, section 162. 11 (C)(1). In the interest of expediting the process of the appeal, I request that it be placed on the agenda for the City Council meeting of May 2, 2000. Our ordinances state that in the event of an appeal to the council, "The city council shall hear all persons desiring to be heard on the question of whether the findings and decisions of the planning commission were in error. . . . The city council may refuse to approve a large scale development for any of the reasons specified in division (D) of this subsection. " F.C.O. section 159.54(F)(2). Among the reasons for which the council may reject a LSD plan is that "the proposed development would violate a city ordinance, a state statute, or a federal statute." F.C.O. section 159. 54(D)(2). Although 29. 59 percent of the property in question is currently covered in tree canopy, the plan submitted by Argus Properties, as I understand it, would preserve canopy that covered between 10 and 1 I percent of the property. Under F.C.O. section 162. 11(C)(1), "In all new subdivisions, large scale developments, and commercial developments, trees shall be preserved as outlined below under the percent minimum canopy: The square foot percentage of 'canopy area required' for preservation in new development is based on the total area of the property. . . . C-2 Thoroughfare commercial — 15%. " As dissenting Planning Commissioner Nancy Allen said during the commission's meeting of April 24, " 10 percent is not 15 percent. " Therefore, I believe, as does Landscape Administrator Kim Hesse judging from her comments at the Planning Commission meeting, that the plan is not in compliance with the ordinance. I have heard three arguments from the public, from planning commissioners, and from fellow City Council members, in favor of approving this plan. First, the developers have made a reasonable effort to compromise in this process. This is a true statement. To the credit of the applicant, the tree preservation level has risen from 2.3 percent in the initial plan, to above 10 percent in the most recent plan. However, I believe the critical compromising occurred in 1992 and before, when the citizens drafted and the City Council passed the Tree Protection and Preservation Ordinance. The 15 percent "minimum canopy" requirement in C-2 zones was a compromise. It seems to me that these minimum canopy requirements were enacted so that there would be bright-line minimum standards that developers would have to meet. If all plans simply met that requirement, it would not be necessary for us to go into the details of each plan on a case-by-case basis. I believe it was a major purpose of this ordinance to avoid this kind of dispute by setting forth the rules clearly. Now all we have to do is follow them. w 1 Second, the developer claims to have been surprised by the ordinances, or that his company bought the land in question relying on previous "variances" or "waivers" which the city has granted to past developers with regard to the Tree Protection and Preservation Ordinance and other city ordinances. In my opinion, it is unfortunate if Kim Hesse's predecessor as Landscape Administrator interpreted and enforced the ordinance as if it were a tree replacement ordinance. It is equally unfortunate if city staff and/or the Planning Commission have been granting waivers to an ordinance's minimum requirements, However, I believe it is the duty of the City Council members, whenever they have a chance, to enforce the laws they have enacted rather than tolerate them being waived or ignored left and right. If we do not put our collective foot down with regard to this, the first development in a major commercial district, and require these developers to abide by the law, it will be very difficult to require future developers to abide by it because of the precedent we would be setting. I also believe if we fail to require compliance in every case, it would be unfair to the many developers in this city who understand the ordinance's existence and purpose and comply with it. As dissenting Planning Commissioner Bob Estes stated during the commission's April 24 meeting, all applicable ordinances were on the books when the developer bought the land. If the developer bought the property anyway, either oblivious to the ordinances or relying on future waivers, he should have known that he was taking his chances on getting his non-complying plan approved. Third, and finally, I have heard much talk about the number of jobs, sales tax revenue and property tax revenue that this business would create in Fayetteville if the plan were approved. I find these arguments to be completely irrelevant to a discussion regarding compliance with the Tree Protection and Preservation Ordinance. if the citizens who drafted the ordinance, or the City Council members who voted to pass it, had wanted to, they could have inserted a provision that allowed the Landscape Administrator, the Planning Commission, or the City Council to approve otherwise non-complying plans if, in their judgment, the number of jobs or the amount of tax revenue that the development is projected to create outweighs the importance of the trees in question. But there is no such provision in the ordinance. If anyone believes there should be such a provision, they are welcome to propose it, and I would be happy to discuss its merits or demerits at that time. Until then, I believe we should stick with the law as it exists. Thank you for your consideration in this matter. Regardless of the outcome, I hope this appeal provides a productive discussion among the applicant, the City Council, city staff and interested members of the public. cc: Fred Hanna, Mayor City Council members Kirk Rankin, Argus Properties Tim Conklin, Planning Director Kim Hesse, Landscape Administrator Planning Commission members Media FAYETTENVILLE • THE CIN OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA CITY COUNCIL MAY 2, 2000 The meeting of the Fayetteville City Council will be held on May 2, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville Arkansas. A. CONSENT AGENDA 1. /APPROVAL OF THE MINUTES: Approval of the minutes of the April 18, 2000 City Council meeting. 2. AOCCER COORDINATOR: A resolution approving a budget adjustment to hire a Soccer Coordinator to administer the youth and adult soccer program for the City Parks and Recreation Division. 3. CLEVELAND STREET: A resolution approving an engineering contract amendment in the amount of $22,446.00 with Crafton-Tull and Associates for changes to the Cleveland Street project. 4. /HWY 45 WATERLINE: A resolution approving an engineering design contract in the amount of $36,740.00 with McClelland Consulting Engineers for a new 12 inch water line adjacent to and on the new Highway 45 East White River Bridge to be constructed in 2000/2001 by the AHTD and approval of a budget adjustment. B. OLD BUSINESS 1. k/RZ 00-13.00: An ordinance approving rezoning request RZ00- 13 .00 submitted by Charles Venable on behalf of the City of Fayetteville for property located at 1020 Harold Street. The property is zoned R-1 , Low Density Residential and contains approximately 0.77 acres. The request is to rezone to R-0, Residential Office. The ordinance was left on the first reading at the April 18, 2000 meeting. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 C. NEW BUSINESS 1. /VA 00-2.00: An ordinance for VA 00-2.00 submitted by the City of Fayetteville on behalf of property owners Albert and Marty Pennington for property located at 3 Wallin Mountain Road, West Fork, Arkansas. The request is to vacate a 30 foot utility easement.