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Home My WebLink About39-01 RESOLUTION• • RESOLUTION NO.19-oi A RESOLUTION CREATING THE TREE AND TRAILS TASK FORCE AND APPOINTING MEMBERS WHEREAS, the City of Fayetteville approved a settlement of a dispute Serafini, et al. v. City of Fayetteville, City of Fayetteville Planning Commission and Argus Properties, LLC # CIV 2000-536 in the Circuit Court of Washington County, Arkansas on January 2, 2001 requiring creation of a Tree and Trails Task Force with members representing various groups or committees to be appointed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby creates the Fayetteville Tree and Trails Task Force which shall have the powers and duties set forth in the Settlement Agreement attached hereto as Exhibit A. Section 2. That there shall be six members of the Tree and Trails Task Force appointed by the City Council for two year terms as set forth in paragraph 3 of the Settlement Agreement. Section 3. That the following citizens are hereby appointed by the City Council for the initial two year terms on the Task Force: Mary Alice Serafini - Washington County League of Women Voters Melissa Terry - The Ozark Headwaters Group, Sierra Club Bob Davis - Alderman, Sidewalk and Trails Advisory Committee Brenda Thiel - Alderman, Environmental Concerns Committee Bill Dollar - Tree and Landscape Advisory Committee Tim Conklin - Planning Division rt/ ED AND APPROVED this d'!L day of March, 2001. APPROVED: By: r is t ATTEST. eather Woodruff, City Clerk By: /OO (2 DAN COODY, Mayor • • Tree & Trails i • Ey C. 3. Page 3 CAW SE77. Avec IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS MARY ALICE SERAFINI, CYNTHIA SAGERS, LAURIN WHEELER, AND LEAGUE OF WOMEN VOTERS OF WASHINGTON COUNTY, INC and THE OZARK HEADWATERS GROUP OF THE ARKANSAS CHAPTER OF THE SIERRA CLUB, INC. v. CIV 2000-536 CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF FAYETTEVILLE PLANNING COMMISSION EXHIBIT A PLAINTIFFS DEFENDANTS ARGUS PROPERTIES, LLC AND FAYETTEVILLE EXCHANGE, LLC - PLAINTIFFS IN INTERVENTION SETTLEMENT AGREEMENT WHEREAS, each of the Parties desires to resolve all claims, controversies, disputes, causes of action and disagreements existing among them without further costs, contested risks, delays and burdens of additional litigation, and without any admission, other than as may be provided herein, as to the validity of any aspect of any other party's position m the pending proceedings. NOW, THEREFORE, in consideration of this Settlement Agreement, the mutual covenants and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The City of Fayetteville agrees to contribute $225,000 in 2001 and $225,000 in 2002 for the acquisition by the City of trail rights-of-way, conservation easements, and fee simple estates. These sums shall be maintained by the City in a separate Tree and Trails Trust Fund (hereinafter the "Fund"). Interest income earned from the Fund shall be deposited in the Fund. Expenditures from Tree & Trails C. 3. Page 4 Page 2 Settlement Agreement CIV 200-536 • • the Fund shall be for the preservation of trees, environmentally sensitive lands, or lands with significant environmental amenities, or for additions to the City's existing system of multi -use and wallcing trails. No monies from the Fund shall be spent on the construction of such trails. 2. The City of Fayetteville shall establish a Tree and Trails Task Force to advise the City Council on individual acquisitions of trail rights-of-way, conservation easements, fee simple estates, and other property interests for the purposes set forth in Paragraph 1. In doing so, the Task Force will take into consideration the City's Master Plan and Multi -Use Trail Plan. 3. The Tree and Trails Task Force shall be composed of six members, all residents of Fayetteville, appointed by the City Council to two year terms. Two of the members shall represent the two organizational plaintiffs in this action. One member shall be a members of the City of Fayetteville Planning Division. One member shall be an alderman serving on the Sidewalks and Trails Advisory Committee. One member shall be an alderman serving on the Environmental Concerns Committee. One member shall be chosen from the Tree and Landscape Advisory Committee. The City Council may approve other powers, duties and procedures for the Tree and Trails Task Force as it deems proper. The City Council will appoint members within four (4) months of entering into this agreement. 4. The City of Fayetteville Tree and Landscape Administrator will send the letter attached hereto as Exhibit "A" and made a part hereof to developers, engineers and architects m the area. The attached letter will be sent by certified mail. The Planning staff will attach a copy of this letter to all development applications requiring tree preservation plans. • • Page 3 . Settlement Agreement CIV 200-536 • • Tree & Trails C. 3. Page 5 5. It is agreed that all Plaintiffs/Appellants, upon execution of this agreement, shall dismiss with prejudice their appeal, Case No. 2000-536 in the Circuit Court of Washington County, Arkansas, against the City of Fayetteville, Arkansas and the City of Fayetteville Planning Commission. • 6. This Settlement Agreement is executed purely as a compromise of disputed claims and no legal admissions, express or implied, are made by any party. 7. The Parties agree that this Settlement Agreement be incorporated in an Agreed order of Dismissal by the Circuit Court of Washington County, Arkansas. 8. The Parties shall make and execute any other such documents or agreed upon orders as may be necessary to more fully effectuate the provisions and purposes oftlus Settlement Agreement. 9. The Parties to this settlement agreement represent and warrant that they have the power and authority to enter into this settlement agreement and to perforin all duties and obligations herein. 10. This Settlement Agreement shall be effective immediately upon execution. IN WITNESS WHEREOF, the Parties have caused this settlement agreement to be 9 executed and effective this ,day of DtUNAGT 2001. RESPECTFULLY SUBMITTED, CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF FAYETTEVILT.ANNING COMMISSION, By: By: f. Jerryl. Rose, #81138 Attorney for Defendant/Appellarts Charles D. Coody, Mayor Tree & Trails C. 3. Page 6 Page 4 Settlement Agreement CIV 200-536 • • MARY ALICE SERAFINI, CYNTHIA SAGERS, LAURIN WHEELER, AND LEAGUE OF WOMEN VOTERS OF WASHINGTON COUNTY, INC. AND THE OZARK HEADWATERS GROUP OF THE ARKANSAS CHAPTER OF THE SIERRA CLUB, INC. Plaintiffs/Appellants By: &62(1 ,6A/P2 H. Cl Fulcher Attomey for Plaintiffs/Appellants ARGUS PROPERTIES, LLC AND FAYETTEVILLE EXCHANGE, LLC By: William J cks•,n Butt, II Attorney for ' laintiffs m Invention • • • • • EXHIBIT A IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS MARY ALICE SERAFINI, CYNTHIA SAGERS, LAURIN WHEELER, AND LEAGUE OF WOMEN VOTERS OF WASHINGTON COUNTY, INC. and THE OZARK HEADWATERS GROUP OF THE ARKANSAS CHAPTER OF THE SIERRA CLUB, INC. v. CW 2000-536 CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF FAYETTEVILLE PLANNING COMMISSION PLAINTIFFS DEFENDANTS ARGUS PROPERTIES, LLC AND FAYETTEVILLE EXCHANGE, LLC PLAINTIFFS IN INTERVENTION SETTLEMENT AGREEMENT WHEREAS, each of the Parties desires to resolve all claims, controversies, disputes, causes of action and disagreements existing among them without further costs, contested risks, delays and burdens of additional litigation, and without any admission, other than as may be provided herein, as to the validity of any aspect of any other party's position in the pending proceedings. NOW, THEREFORE, in consideration of this Settlement Agreement, the mutual covenants and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The City of Fayetteville agrees to contribute $225,000 in 2001 and $225,000 in 2002 for the acquisition by the City of trail rights-of-way, conservation easements, and fee simple estates. These sums shall be maintained by the City in a separate Tree and Trails Trust Fund (hereinafter the "Fund"). Interest income earned from the Fund shall be deposited in the Fund. Expenditures from • • • • Page 2 Settlement Agreement CIV 200-536 the Fund shall be for the preservation of trees, environmentally sensitive lands, or lands with significant environmental amenities, or for additions to the City's existing system of multi -use and walking trails. No monies from the Fund shall be spent on the construction of such trails. 2. The City of Fayetteville shall establish a Tree and Trails Task Force to advise the City Council on individual acquisitions of trail rights-of-way, conservation easements, fee simple estates, and other property interests for the purposes set forth in Paragraph 1. In doing so, the Task Force will take into consideration the City's Master Plan and Multi -Use Trail Plan. 3. The Tree and Trails Task Force shall be composed of six members, all residents of Fayetteville, appointed by the City Council to two year terms. Two of the members shall represent the two organizational plaintiffs in this action. One member shall be a members of the City of Fayetteville Planning Division. One member shall be an alderman serving on the Sidewalks and Trails Advisory Committee. One member shall be an alderman serving on the Environmental Concerns Committee. One member shall be chosen from the Tree and Landscape Advisory Committee. The City Council may approve other powers, duties and procedures for the Tree and Trails Task Force as it deems proper. The City Council will appoint members within four (4) months of entering into this agreement. 4. The City of Fayetteville Tree and Landscape Administrator will send the letter attached hereto as Exhibit "A" and made a part hereof to developers, engineers and architects in the area. The attached letter will be sent by certified mail. The Planning staff will attach a copy of this letter to all development applications requiring tree preservation plans. • • • Page 3 . Settlement Agreement CIV 200-536 5. It is agreed that all Plaintiffs/Appellants, upon execution of this agreement, shall dismiss with prejudice their appeal, Case No. 2000-536 in the Circuit Court of Washington County, Arkansas, against the City of Fayetteville, Arkansas and the City of Fayetteville Planning Commission. • 6. This Settlement Agreement is executed purely as a compromise of disputed claims and no legal admissions, express or implied, are made by any party. 7. The Parties agree that this Settlement Agreement be incorporated in an Agreed order of Dismissal by the Circuit Court of Washington County, Arkansas. 8. The Parties shall make and execute any other such documents or agreed upon orders as may be necessary to more fully effectuate the provisions and purposes of this Settlement Agreement. 9. The Parties to this settlement agreement represent and warrant that they have the power and authority to enter into this settlement agreement and to perform all duties and obligations herein. 10. This Settlement Agreement shall be effective immediately upon execution. IN WITNESS WHEREOF, the Parties have caused this settlement agreement to be J executed and effective this ,day of A-taik by 2001. RESPECTFULLY SUBMITTED, CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF FAYETTEVILILANNING COMMISSION, By: By: Jerry Rose, #81138 Attorney for Defendant/Appel l is Charles D. Coody, Mayor Page 4 Settlement Agreement CIV 200-536 MARY ALICE SERAFINI, CYNTHIA SAGERS, LAURIN WHEELER, AND LEAGUE OF WOMEN VOTERS OF WASHINGTON COUNTY, INC. AND THE OZARK HEADWATERS GROUP OF THE ARKANSAS CHAPTER OF THE SIERRA CLUB, INC. Plaintiffs/Appellants By: 41 H. CI Fulcher Attomey for Plaintiffs/Appellants ARGUS PROPERTIES, LLC AND FAYETTEVILLE EXCHANGE, LLC By: William Attorney J•cks for n Butt, II laintiffs in Invention NAME OF FILE: Resolution No. 39-01 • CROSS REFERENCE: Res. 3-01 03/20/01 Resolution 39-01 01/08/01 Exhibit "A" (Settlement Agreement) 01/08/01 Order of Dismissal 01/08/01 Order 01/02/01 Letter To Whom It May Concern from Kim J. Hesse, Landscape Administrator 01/02/01 Resolution No. 3-01 03/20/01 Staff Review Form 04/03/01 Departmental Memo from City Clerk NOTES: • • • IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS, rn N G S T •N 0 77 rn a-4 -73 o MARY ALICE SERAFINI, CYNTHIA SAGERS, LAURIN WHEELER THE LEAGUE OF WOMEN VOTERS OF WASHINGTON COUNTY, INC., and THE OZARK HEADWATERS GROUP OF THE ARKANSAS CHAPTER OF THE SIERRA CLUB, INC. v. CIV. 2000-536 CITY OF FAYETTEVILLE, ARKANSAS and CITY OF FAYETTEVILLE PLANNING COMMISSION ARGUS PROPERTIES, LLC and FAYETTEVILLE EXCHANGE, LLC G PLAINTIFFS/APPEWNS DEFENDANTS/APPELLEES PLAINTIFFS IN INTERVENTION ORDER OF DISMISSAL Pursuant to a Settlement Agreement agreed to between all parties and attached hereto and incorporated herein as part of this Order, this Court hereby dismisses the above -styled Case No. 2000-536, with prejudice. IT IS SO ORDERED this 8" day of January, 2001. Jury Trial ❑ Bench Trial. O DefaultryJudgmenL. __ .O Su Non-7Jt�grimr>t�_ — Other parties or claims still pending Y.., ❑ �`- 40 Hon. Kim M. Smith • IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS MARY ALICE SERAFINI, CYNTHIA SAGERS, LAURIN WHEELER THE LEAGUE OF WOMEN VOTERS OF WASHINGTON COUNTY, INC., and THE OZARK HEADWATERS GROUP OF THE ARKANSAS CHAPTER OF THE SIERRA CLUB, INC. v. CIV. 2000-536 CITY OF FAYETTEVILLE, ARKANSAS and CITY OF FAYETTEVILLE PLANNING COMMISSION ARGUS PROPERTIES, LLC and FAYETTEVILLE EXCHANGE, LLC mn PLAINTIFFS/APPELLAN DEFENDANTS/APPELLEES PLAINTIFFS IN INTERVENTION ORDER Pursuant to a hearing held on September 7, 2000, on the Defendants' and Plaintiffs in Intervention's respective Motions to Dismiss, this Court finds that Plaintiffs Mary Alice Serafini, Cynthia Sagers, Laurin Wheeler, and the League of Women Voters of Washington County, Inc. have standing to prosecute this appeal and denies the Motions to Dismiss with regards to Plaintiffs Mary Alice Serafini, Cynthia Sagers, Laurin Wheeler, and the League of Women Voters of Washington County, Inc. IT IS SO ORDERED this $ day of January, 2001. elHaLS-1--------on. Kim M. Smith EAYETTEVIICE • EXHIBIT "A" THE CITY OF FAYETTEVILLE, ARKANSAS January 2, 2001 To Whom It May Concern: As landscape administrator for the City of Fayetteville, I have the responsibility to review proposed development projects for compliance with the Tree Protection and Preservation provisions (§162 of the Fayetteville Code of Ordinances, recodified in §167 of the City's Unified Development Ordinance). Recent litigation and my personal experience lead me to the conclusion that little design consideration has typically been given toward the preservation of rare and landmark trees and other aspects of the relevant ordinance. Fayetteville law states, "Proposed developments should be designed to maximize the preservation of rare and landmark trees." (Old § 162.11(A), new §167.05(A).) The law also states, "No landmark or rare tree shall be removed from land to be developed unless the landscape administrator, who may seek consideration and recommendation from the Tree and Landscape Advisory Committee, determines there is no reasonable way the property can be otherwise developed, improved, or properly maintained and the tree saved." (Old § 162.11(B)(6), new § 167.05 (B)(6).) Rare trees are large growing species that have reached a trunk diameter of 24", small species with an 8" trunk diameter, or an uncommon or endangered species. Landmark trees are trees listed on the state, national or city registry as being historically significant. (Old § 162.02, new §151.) Fayetteville law also provides for specified minimum canopy areas for all new subdivisions, large scale developments, and commercial developments The minimum canopy percentage of the total area of the property depends on the zoning designation. For example, property zoned C-2 (Thoroughfare Commercial) has a 15 % mmunum canopy. (Old §162.11(C), new §167.05(C).) These are requirements, but there is a provision to cover exceptional cases. "In the event a tree cannot be preserved as required, tree replacement, to be determined by the landscape administrator, may be required in lieu of the tree designated for preservation. Tree replacements should be of like or similar species in terms of size and ultimate canopy." (Old §162.11(E)(1), new §167 05(E)(1)(emphasis added).) Fayetteville law also has a provision governing successors in interest to developers who have received approved plans. (Single-family homeowners are exempt.) That provision states: "Successors in interest of any person who as a developer of a subdivision (except single-family homeowners), large-scale development, commercial development, or conditional uses m other zones which are commercial in nature has been subject to the requirements of this chapter shall abide by the requirements and conditions to which such developer was subject, including compliance with XET • • • • the tree preservation plan." (Old § 162.13, new § 167.07.) Please be familiar with these and other requirements in the Tree Protection and Preservation Ordinance. My office will be happy to provide copies and discuss details of interpretation with you. The landscape administrator's job is to uphold this ordinance. Therefore it is suggested that I be included in the review of these projects in the early states of conceptual design. Many of the projects recently reviewed could easily be revised to save trees. Site design changes will be required if ways to preserve trees are obvious. My work with engineering firms has included site layouts, grading plans, water and sewer line design, etc. With this experience, I am prepared to be of assistance in the review of your development plans. It is understood that your concern is to find the most efficient use of the property. However, it is also your obligation to meet all city requirements. Therefore, if you include me in the conceptual design process, it could very easily save you time and money. If you need to contact me for any reason, my office telephone number is 575-8308. My mobile phone is 601-3514. Sincerely, ICim J. Hesse, R.L.A. Landscape Administrator • • RESOLUTION NO. 3-01 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT IN MARY ALICE SERAFINI, CYNTHIA SAGERS, LAURIN WHEELER, AND LEAGUE OF WOMEN VOTERS OF WASHINGTON COUNTY, INC. AND THE OZARK HEADWATERS GROUP OF THE ARKANSAS CHAPTER OF THE SIERRA CLUB, INC. VS. CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF FAYETTEVILLE PLANNING COMMISSION, CIV 2000-536. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a settlement agreement in Mary Alice Serafini, Cynthia Sagers, Laurin Wheeler, and League of Women Voters of Washington County, Inc and The Ozark Headwaters Group of the Arkansas Chapter of the Sierra Club, Inc. vs. City of Fayetteville, Arkansas and City of Fayetteville Planning Commission, CIV 2000-536. A copy of the settlement agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2TMI day of January 2001. APPROVED: By: AfLie Or . CCUtPitom/ Charles D. Coody, Mayor ATTEST: By: Heather Woodruff, City Clerk 411 STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 20 2001. FROM: Tim Conklin Name Planning Public• Works Division Department ACTION REQUIRED : To approve a resolution for AD 01-5.00 creating a Tree and Trails Task Force composed of six members, all residents of Fayetteville, appointed by the City Council to two year terms as required by the Tree Settlement Agreement. COST TO CITY: S Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used To Date Program Name Remaining Balance Fund BUDGET REVIEW: Budgeted Item _ Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager CiAttorney Date Internal Auditor Date Purchasing Officer Date ADA Coordinator Date Date STAFF RECO1 4ENDATION: Staff recommends each group that has representation on the committee provide the name or names to the City Clerk by March 19, 2001, for consideration by the City Council at the March 20, 2001 meeting. Division Head 3 -S -o) Date Department Director Date Administrative Services Director Date Mayor Date Cross Reference New Item: Yes Prev Ord/Res #: Orig Contract Date: Orig Contract Number: STA gait fB, FAYETTEVIPI.E THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning From: Heather Woodruff, City Clerk Date: April 3, 2001 Attached is a copy of the resolution creating the Tree and Trails Task Force and appointing members. The original will be microfilmed and filed with the City Clerk. cc: Mary Alice Serafini, Washington County League of Women Voters Melissa Terry, Sierra Club Bob Davis, Alderman Brenda Thiel, Alderman Kim Hesse, Landscape Administrator %If