HomeMy WebLinkAbout23-07 RESOLUTIONRESOLUTION NO. 23417
A RESOLUTION SETTING A PUBLIC HEARING DATE
REGARDING THE CITY OF. FARMINGTON'S DESIRE TO
ANNEX CERTAIN TERRITORY CURRENTLY IN THE CITY
LIMITS OF FAYETTEVILLE
WHEREAS, A.C.A. § 14-40-2101 provides a procedure for the simultaneous
detachment of territory from one city and the annexation of such territory into another city's
corporate limits; and
WHEREAS, the City of Farmington, by adoption of Ordinance No. 2007-1 on January 8,
2007, has initiated action to attempt the detachment and annexation of five residential lots within
the Fayetteville city limits, generally located south of Silverthorne Addition and west of Double
Springs Road; and
WHEREAS, in accordance with procedures for consideration of such a request, the
Fayetteville City Council shall conduct a public hearing within sixty (60) days of Farmington's
proposal of said ordinance.
NOW, THEREFORE, BE IT RESOLVED BY. THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: A public hearing before the City Council shall be held on March 6, 2007, at
6:00 P.M. in the Council Chambers at Fayetteville City Administration Building, to hear the
views of property owners within the area proposed to be detached and annexed, as well as those
of Farmington and Fayetteville municipal officials and other concerned citizens. ��or``oRK%TR'�,,,,�
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PASSED and APPROVED this 6th day of February, 2007.
APPROVED: _ ATTEST:
By:
DAN COOD , ayor
By: _
SON RA SMITH, City Clerk/Treasurer
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AGENDA REQUEST
FOR: COUNCIL MEETING OF FEBRUARY 6, 2007
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FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution Setting A Public Hearing Date Regarding The City Of Farmington's Desire To
Annex Certain Territory Currently In The City Limits Of Fayetteville
APPROVED FOR AGENDA:
Planning & Development
Management Director
Date
Date
Date
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
CC: Tim Conklin, Planning & Development Management Director
FROM: Kit Williams, City Attorney
DATE: January 19, 2007
RE. Farmington's request to annex five parcels within the Fayetteville
City Limits
A.C.A. §14-40-2101, et. seq gives Farmington a right to request the
Fayetteville City Council to detach land within the City of Fayetteville so
that Farmington can annex it. Although I have yet to see an official
ordinance properly signed by the Farmington Mayor, I do have the copy of
their draft ordinance which allegedly was passed on January 8, 2007.
By statute Farmington "shall send the ordinance to the government of
the city or town in which the lands are located." A.C.A §14-40-2101(a)
Hopefully, we shall soon receive this ordinance.
The statute requires that the "ordinance will provide a legal
description of the. lands proposing to be detached and annexed and describe
generally the reason s for proposing the action. A.C.A. §14-40-2101(b)(1)
(emphasis added)..
The only "reason". forproposing this detachment and annexation in
the ordinance is that it ."is being initiated in order to honor promises made
to certain property owners during consideration of Fayetteville's annexation
of an unincorporated island ...." (emphasis added).
Tim Conklin has provided you the minutes of that meeting. Although
there was discussion of the option to seek detachment from Fayetteville and
annexation to Farmington, it is difficult to interpret that language as a
promise, especially one that would commit the City Council. I explained
(page 9 of the minutes) that the City Council "would have to take into
account not only their (Ms. Weeks') desires but the desires of one landowner
that does not want to be in Farmington."
I was relying on Ms. Weeks' assertion that "(t)here are seven out of
eight of us on that 40 acre plot that do not want to be in Fayetteville ...."
(page 8 of the minutes). If you look at this petition, only five of the eight
are seeking to leave Fayetteville.
Ms. Weeks also asserted that the detachment and annexation "would
be a straight line." (page 8 of the minutes). In reality, the detachment of
those five landowners would result in an extremely jagged border between
with a dozen new border lines between our cities (See Exhibit A — map from
Farmington).
Even if a later statement by Mayor Coody about Ms. Weeks' option to
seek detachment so she could "secede from the union and go to
Farmington " (page 9 of the minutes) was claimed to be a promise, that
statement was based upon what later turned out to be mistaken statements by
Ms. Weeks. Thus, the only reason stated within its ordinance by Farmington
to seek this detachment and annexation appears ill-founded.
CONCLUSION
Even if Farmington's ordinance might be lacking in a supportable
purpose, Fayetteville must still conduct a public hearing within 60 days of
Farmington's ordinance. The only available date after this meeting would
be March 6`' (to give Farmington enough time to publish the required legal
notice 15 days before the hearing).
Fayetteville has complete discretion to grant or deny the
detachment request in this case. Your decision should be guided by what
is in the best interests of Fayetteville.
RESOLUTION NO.
A RESOLUTION SETTING A PUBLIC HEARING DATE
REGARDING THE CITY OF FARMINGTON'S DESIRE
TO ANNEX CERTAIN TERRITORY CURRENTLY IN
THE CITY LIMITS OF FAYETTEVILLE
WHEREAS, A.C.A. §14-40-2101 provides a procedure for the simultaneous
detachment of territory from one city and the annexation of such territory into another
city's corporate limits; and
WHEREAS, the City of Farmington, by adoption of Ordinance No. on
January 8, 2007, has initiated action to attempt the detachment and annexation of five
residential lots within the Fayetteville city limits, generally located south of Silverthome
Addition and west of Double Springs Road; and
WHEREAS, in accordance with procedures for consideration of such a request,
the Fayetteville City Council shall conduct a public hearing within sixty (60) days of
Farmington's proposal of said ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: A public hearing before the City Council shall be held on March 6th,
2007, at 6:00 P.M. in the Council Chambers at Fayetteville City Administration Building,
to hear the views of property owners within the area proposed to be detached and
annexed, as well as those of Farmington and Fayetteville municipal officials and other
concerned citizens.
PASSED and APPROVED this 6,11 day of February, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
Jan 18 07 04:16p City Of Farmington 4792673805
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Doc ID 010749 40004 Tvice REL
Recorded 01/16/ 007 at 04 12:36 PM
Fee Amt: S17.0D Pace 1 of 4
Washinaton County. AR
Bette stamos Circuit Clerk
Fi1e2007-00001879
AN ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY FROM
THE CITY OF FAYETTEVILLE AND ANNEXING SAID TERRITORY INTO
THE CITY OF FARMINGTON IN ACCORDANCE WITH ARKANSAS CODE
ANNOTATED § 14-40-2101
ORDINANCE 2007-1
WHEREAS, A.C.A. 514-40-2101 provides a procedure for the
simultaneous detachment of territory from one municipality
and annexation of such territory into an adjoining
municipality; and
WHEREAS, individual property owners who were recently
annexed into the City of Fayetteville are desirous of being
detached from the City of Fayetteville and annexed into the
City of Farmington.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FARMINGTON, ARKANSAS:
Section 1. That certain territory presently within the
corporate limits of the City of Fayetteville is contiguous
to and adjoins the City of Farmington. The City of
Farmington hereby calls for the simultaneous detachment and
annexation of the lands that are described in Exhibit "A"
and incorporated herein by reference.
Section 2. That the proposed detachment and annexation of
lands described in Exhibit "A" was requested by the
property owners within the area proposed to be detached and
annexed.
Section 3. That a copy of this ordinance shall be sent to
the governing body of the City of Fayetteville. Within
sixty (60) days of the proposal of this ordinance, the
governing body of the City of Fayetteville shall conduct a
public hearing on the proposed detachment and annexation.
Section 4. That at least fifteen (15) days prior to the
date of the public hearing, the Farmington City Clerk shall
publish a legal notice setting out the legal description of
the territory proposed to be detached and annexed.
Section 5. That at the next regularly scheduled meeting
following the public hearing, the governing body of the
City of Fayetteville may bring the proposed ordinance up
for a vote to concur in the detachment and annexation. If
Jan 18 07 04:16p
Cit Of Farmington
4792673805 p.2
a majority of the total number of members of the
Fayetteville City Council vote for the proposed detachment
and annexation ordinance, then a prima facie case for
detachment and annexation shall be established, and the
City of Farmington shall proceed to render services to the
newly annexed area.
Section 6. That the decision of the governing bodies of
the City of Farmington and the City of Fayetteville shall
be final unless a suit is brought in the Circuit Court of
Washington County within thirty (30) days after passage of
the ordinance to review the mutual actions of the governing
bodies.
Section 7. Repealing Clause. All other ordinances and
parts of ordinances in conflict herewith are hereby
repealed.
Section 8. Severability Clause. In the event any part of
this ordinance is declared inoperative or invalid as a
result of a statute or judicial decision, then only that
portion expressly so.declared to be inoperative or invalid
shall be affected thereby and all other provisions hereof
shall remain in full force and effect.
Section 9. Emergency Clause. That,the immediate approval
of this ordinance is necessary to commence the process of
detaching and annexing certain territory into the municipal
limits of the City of Farmington; therefore, an emergency
is hereby declared and this ordinance shall be in full
force and effect from and after its passage and approval.
PASSED AND APPROVED THIS 8th DAY OF January, '2007.
Attest:
s, City Clerk
awV- &LA --
Ernest L. Penn, Mayor
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Jan 18 07 04:16p City Of Farmington 4792673805 p.3
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EXHIBIT "A"
A part of the Southwest Quarter (SW'/.) of the Northeast Quarter (NE1/4) of
Section 15, Township 16 North, Range 31 West, Washington County,
Arkansas, being mon: particularly described as follows* Beginning at the
Southwest corner of said SW% of the NE'/.; thence North 02° 38' 07" East
1024 77 feet; thence South 87° 50' 00" East 788 27 feet; thence South 02°
22' 58" West 181.55 feet; thence South 87° 57' 15" East 508.48 feet; thence
South 02° 28' 18" West 120.00 feet; thence North•87° 57' 44" West 508.29
feet; thence South 02° 22' 57" West 183.15 feet; thence North 87° 57' 44"
West 359.74 feet; thence South 02° 22' 58" West 252.00 feet thence South
87° 57' 45" East 864.05 feet; thence South 02° 57' 47" West 285.52 feet;
thence North 87° 59' 35" West 1294.22 feet, to the Point of Beginning and
containing 21.194 acres, more or less.
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City Council Meeting of January 16, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
TO:
FROM:
DATE -
SUBJECT:
Mayor Dan Coody
Fayetteville City Council
Tim Conklin, Planning and Development Management Director
December 27, 2006
ADOPTION OF A RESOLUTION TO SET A PUBLIC HEARING
DATE REGARDING THE CITY OF FARMINGTON'S DESIRE TO
ANNEX CERTAIN TERRITORY CURRENTLY IN THE CITY
LIMITS OF FAYETTEVILLE
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RECOMMENDATION
Staff recommends adoption of a resolution to set the public hearing date based on A.C.A.
14-40-2101 which requires the City to conduct a public hearing within 60 days for the
simultaneous detachment of territory from Fayetteville to Farmington.
BACKGROUND
The City Council passed Ordinance No. 4923 on September 19, 2006 that annexed
approximately 405.47 acres of land into the City of Fayetteville. At the September 5,
2006 City Council meeting a small number of property owners requested to be removed
from the proposed annexation (please see attached minutes). Because this annexation
was an "island annexation" under A.C.A. 14-40-501, all of the properties between
Farmington and Fayetteville city limits were required, by ordinance, to be annexed into
Fayetteville.
A.C.A. 14-40-2101 provides a procedure for the simultaneous detachment of territory
from 'one city and the annexation of such territory into another city's corporate limits.
The City of Farmington has initiated an ordinance to be considered on January 8, 2007 to
begin the process for the detachment and annexation of certain Fayetteville territory
located south of Silverthorne Addition and west of Double Springs Road.
The Fayetteville City Council must conduct a public hearing within sixty (60) days of
Farmington's adoption of said ordinance. Staff is recommending the public hearing be
scheduled for the February 6, 2007 City Council meeting.
At the next regularly scheduled meeting following the February 6, 2007 public hearing,
the Fayetteville City Council may bring a proposed ordinance up for vote to concur in the
detachment and annexation.
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Proposed Detachment to Farmington
PROPOSED DETACHMENT TO FARMINGTON
A part of the Southwest Quarter (SW%) of the Northeast Quarter (NE%) of
Section 15, Township 16 North, Range 31 West, Washington County, Arkansas,
being more particularly descnbed as follows: Beginning at the Southwest corner
of said SW% of the NE%; thence North 02° 38' 07" East 1024.77 feet; thence
South 87° 50' 00" East 788.27 feet, thence South 02° 22' 58" West 181.55 feet;
thence South 87° 57' 15" East 508.48 feet; thence South 02° 28' 18" West
120.00 feet; thence North 87° 57' 44" West 508.29 feet; thence South 02° 22' 57"
West 183.15 feet; thence North 87° 57' 44" West 359.74 feet; thence South 02°
22' 58" West 252.00 feet, thence South 87° 57' 45" East 864.05 feet; thence
South 02° 57 47 West 285.52 feet; thence North 87° 59' 35" West 1294.22 feet,
to the Point of Beginning and containing 21.194 acres, more or less.
December 26, 2006
To whom it may concem:
We have been Farmington residents for 20 years and care for everyone in the Farmington
community We are familiar with the participants in the city government. They are
flexible and responsive to the needs of their residents.
The trash service the city of Fayetteville provides us requires 4 of our residents to
transport their trash up to a 1/3 of a mile to the pickup point on Double Springs road.
Farmington has allowed in these situations private haulers to pick up trash as long as
documentation is provided.
We are on septic system. We were informed the last time we paid our water bill we
would be required to pay sewer because the city of Fayetteville does not recognize septic
tanks.
In my efforts to resolve these matters amicably, I found Fayetteville city officials
respectful but inflexible and uncompromising.
I am a Fayetteville businessman, an ardent Razorback fan and hope that Fayetteville
retains its personality as we grow. I would not live anywhere other than Northwest
Arkansas.
Because we, the undersigned, believe that by being annexed into the city of Fayetteville
are being required to share the cities burdens without benefit., we respectfully request we
be de -annexed immediately.
Thank you for your time and consideration.
Larry and Michelle Weeks
FROM :NWRRPC
Mayor John Harris
City of Farmington
354 W. Main
Farmington, AR 72730
Dear Mayor Harris:
FAX NO. :4797517150 Dec. 22 2006 05 09PM P3
December 12, 2006
We respectfully request 'that the annexation of our properties be placed or the agenda of the nest
city counsel meeting set for Janeary 16, 2007.
My wife, Michelle Waist, attended Ike Fayetteville city counsel meeting September 5'd at which time
our properties were annexed into the city of Fayetteville. At that time she was informed that the
property owners could request and be granted de -annexation by coming before the Fayettevilk city
counsel and making that request
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We a one that this item be placed on the Farmington city counsel agenda for the
of annexation.
Sincerely,/ 1 LQ-Cht_ ur vim .St a-ama,
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Homer End Anderson
173 N.
George Clay Woody
25N.'. rings Rd.
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117 N. Doable Springs RI.
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NOTARY PUBLIC -STATE OF ARKANSAS
WASHINGTON COUNTY
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NOTARY PUBUCSTATE OFARKANSAS
WASHINGTON COUNTY
My Commission Expires Feb 12, 2011
E. JANE ANDERSON
NOTARY PUBLIC -STATE OF ARKANSAS
WASHINGTON COUNTY
My Commission Expires Feb 12, 2011
E. JANE ANDERSON
NOTARY PUBLIC -SIAM OF ARKANSAS
WASHINGTON COUNTY
My Commission Eures Feb 12, 2011
E. JANE ANDERSON
NOTARY PUBLIC CST=.T.F or ARKANSAS
WASHINGTON (AUNTY
My ConmLSMrm ` .AiC:r^ r'^? 12, 2011
City Council Meeting Minutes
September 5, 2006
Page 5 of71
Alder ' n Cook- Has there been any continent from the owners? • as there been any
discussio vith the owners? Have they responded to the city at all?
Yolanda Fiel t We have been communication with the .r .erty owners since January of this
year, and as you an tell by the pictures that I handed .. to you, there's been nothing done at
that location. The . • ly improvement has been clean that we did ourselves.
Alderman Thiel: Thes • esolutions that we . ve passed, you've only had to move forward with
a few of them, haven't you. Once we s this, generally people do go ahead and take care of
their property?
Yolanda Fields: We have fo
where we have to take acti
normally that is the case. We have had some situations
and of cou
then we place a lien on the property.
Alderman Reynold The only thing about t .iece of property is that it's got worse. Not
better, it's got wo
Alderman ' eynolds moved to approve the resolutio r. Alderman Thiel seconded the
motion. . pon roll call the resolution passed unanimously.
Re ution 148-06 as recorded in the office of the City Clerk.
ayor Coody closed the Public Hearing.
Mayor Coody opened the Public Hearing.
Annexation of Island Surrounded by the City of Fayetteville and Farmington: An
ordinance to annex into the City of Fayetteville, Arkansas a parcel of land completely
surrounded by the incorporated limits of Fayetteville and the City of Farmington, Arkansas.
This ordinance was left on the first reading at the August 15, 2006 City Council Meeting.
Alderman Lucas moved to suspend the rules and go to the second reading. Alderman
Jordan seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Coody: Staff, do you have the report for us tonight?
Tim Conklin, Planning & Development Management Director: This evening you are
considering an ordinance annexing approximately 405 47 acres into the City of Fayetteville. I
have an exhibit that illustrates the annexation. Double Springs Road is located to the west, 54th
Avenue is located to the east, and it's slightly south of Dot Tipton Road. Under state law §I4-
45-01, allows cities that have unincorporated areas between them, the city that has the larger of
the distance or linear feet of corporate limits, to be able to annex that property into the city limits.
Later this evening you'll be confirming the order of annexation for the Sloan annexation that's
shown also on this exhibit, which is in this red color on the map. Annexing the property will
allow compatibility in land use in our development standards; ability for us to construct and plan
future capital facilities; ability to require the same level of infrastructure in new development
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City Council Meeting Minutes
September 5, 2006
Page 6of71
within these areas within the City of Fayetteville. The following city services would be
provided: trash service, police protection, fire protection. Sewer service is available, any
extension of private or public lines to serve these areas would be the responsibility of the
property owner or developer and curbsiderecycling and yard waste pickup. Certified letters
were sent to the property owners within this area. I have received one call with regard to the
proposed zoning and the ordinance that is before you this evening. It states that this area would
be zoned RSF-1. The gentleman may be here this evening, but his concern was the ability to
have horses on the property. The ordinance also is assigning this area to Ward 4. If you have
any questions, I would be happy to answer them at this time. Thank you.
Mayor Coody: Does Council have any questions for Tim on this item?
Alderman Thiel: He can not have horses on RSF-1, can he?
Tim Conklin: That is correct, horses are not allowed within RSF-I. His request was to have his
property zoned R -A. A couple of years ago when we annexed the islands we had a lot of
discussion about individual parcels being rezoned different zoning districts, and at that time I
believe we rezoned it all to RSF-1 with the ability for them to come back. There may have been
one or two that we left R -A in the larger areas, but I think at that time we brought most
everything in as RSF-1.
Mayor Coody: Anything else?
Alderman Lucas: Can he not keep horses by being grandfathered in.
Tim Conklin: He currently does not have horses on the property.
Alderman Lucas: Okay.
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Kit Williams: But I think you are right, if he did have horses or if other people have horses
there, then they're grandfathered in and can keep the horses.
Alderman Jordan: What I remember when we annexed in the islands, if they had a business
there or if they had cattle there or whatever they were sort of grandfathered in with this.
Alderman Lucas: In this area, I have had a number of people contact me that they would like to
be in the city. I have not heard other than what Tim said here of anyone that did not want to be
brought in in this area. So it's just a natural growth of Fayetteville, I think, in that area, and we
can provide the services very easily.
Mayor Coody: Any other questions dr comments?
Alderman Cook: As you know, I'm always against annexation and I'm looking at the reasons
why we should support these annexations and the first one is compatibility in land use and
development standards. To me, that's the best argument for the annexation. The other one is
ability to plan and construct future city capital improvements and the ability to require the same
level of infrastructure improvements required for new development within these areas. My
comment to that is, we should be concentrating on our infrastructure within the city already
within our boundaries and not adding more from outside the city. The following services will be
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ac cess fayettevi l l e.o rg
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City Council Meiling Minutes
• September 5, 2006
Page 7 of 71
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added with this annexation: trash service, which means more trucks, more mileage, more drivers,
police and fire protection, which means budget increases for future needs; sewer service if
available, that means loading in our new plant, more pipe maintenance, and curbside recycling,
which is more trucks and mileage, too. One way or another we're all going to be paying for this,
whether it's through budget adjustments or fees and rates, and 1 personally think the growth as
we continue to expand our city services is killing our budget.
Alderman Lucas: Be it in Fayetteville or Farmington we're going to be providing services to
our wastewater treatment plant because we provide the water and sewer to Farmington. So we're
going to be providing it whichever city it's in.
Mayor Coody: Also the garbage pickup is an enterprise fund, that doesn't come out of general
fund, the people who use the service pay for the service. The fire and police are out of the
general fund that would be the one true thing you were talking about.
Alderman Ferrell: Any extensions of this service would be provided by the developer and
property owner.
Mayor Coody: Any other questions or comments?
Kit Williams: We need to open it up to the public and we have to leave it on the second
reading. We're not allowed to pass this until the next meeting.
Mayor Coody: Okay. Anyone from the public have any comments on this particular item?
Yes, ma'am.
Michelle Weeks: I live on 40 acres in this annexation proposal and my understanding is we're
going to be taken into Fayetteville on September 16th, is that right, without the vote that's
supposed to happen in October?
Mayor Coody: Kit, is that the right date?
Kit Williams: If in fact the City Council votes to approve this ordinance on the 16th, that would
be correct.
Michelle Weeks: Okay. I would like to request that our property be zoned R -A. I brought a
legal description. There are six other neighbors in our 40 acres that also want to be R -A. They
are not with me tonight, though. Their understanding is that since it's been agricultural for years
they thought that they would be grandfathered in. So is that not the case?
Mayor Coody: 1 think that it is the case.
Kit Williams: It's actually the 19°; it's two weeks from tonight, not the 16th.
Mayor Coody: But it is the case on grandfathering existing uses?
Kit Williams: Yes, 1 think that is correct, especially agricultural uses. The other thing that the
city has done in the past when there has an entire neighborhood that wanted to be zoned a
different way because of the use that they have out there, then a petition has been passed around
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City Council Meeting Minutes
September 5, 2006
Page 8 of 71
the neighborhood and the neighborhood got rezoned. And so if your neighborhood and
everybody out there wanted to be R -A, then 1 think you could probably get the Planning
department to work with you and to get before the City Council on rezoning to R -A if that's what
you and your neighbors would like to do So that's another potential option even beyond being
grandfathered in.
Michelle Weeks: Okay. There are seven out of eight of us on that 40 acre plot that do not want
to be in Fayetteville and so since you are taking us, I wonder when we could start the process of
seceding from the union.
Mayor Coody: De -annexing?
Alderman Thiel: So do you want to be in the City of Farmington?
Michelle Weeks: Yes. Actually we have petitioned Farmington on three separate occasion and
they kept telling us not to worry about it, because Farmington had more of the land. They told us
that we didn't have to do anything else and then when the Sloan property got annexed in all of us
that wanted Farmington, it just took that out.
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Alderman Jordan: Could I ask you why you would prefer being in the Farmington city limits
than the Fayetteville city limits? Can I ask that question?
Mayor Coody: You may.
Michelle Weeks: Fayetteville has more restrictions than Farmington. We grew up in
Farmington and we just want Farmington. It would be a straight line, we are right on Double
Springs Road we are on the top left that juts out, and it would actually be better for everybody
concerned. There are seven out of eight of us that want Farmington and Farmington wants us. I
don't know if you guys know that Ernie Penn and Melissa down at the Farmington City Hall,
they all told us that we would be in Farmington, no problem. Then I talked to. her about two
weeks ago and she was trying to get a hold of me, she didn't know how to get a hold of me. She
said "I'm sorry I told you that, when the Sloan property got annexed in it changed everything."
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Mayor Coody: All right. Yes, ma'am.
Alderman Thiel: I guess I misunderstood. 1 thought that everyone out there wanted to be in
Fayetteville.
Alderman Lucas: That's our understanding. -
Michelle Weeks: There are other people here that do not want Fayetteville.
Mayor Coody. Tim, what does this do? Does this create an island? What technically does this
do?
Kit Williams: Well the only thing that you could do in a case like this, you have to annex the
• entire island, you can't annex a portion of the island. Then, as we have done with Springdale
before, it's possible to detach a portion of Fayetteville if the City Council wants to do that and if
the Farmington City Council wants to accept it. We've accepted two parcels from Springdale in
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the past for various reasons. In this particular that would be something that you would want to
look at. You would have to take into account not only their desires but maybe the desires of one
landowner that doesn't want to be in Farmington and would rather be in Fayetteville,but that
would be a decision that you would make and that the City Council of Farmington would make.
Both City Councils would have to be positive on that in order for a detachment to occur and an
annexation into Farmington.
City Council Meeting Minutes
September 5, 2006
Page 9of71
Alderman Ferrell: Ma'am, you said it was 40 acres Do all the people that don't want to be
annexed live on these 40 acres, or is it on and near?
Michelle Weeks: There are eight houses out there; seven do not want to be in Fayetteville.
Alderman Ferrell: Within the 40 acres?
Michelle Weeks: Yes. We're all in the 40 acres.
Alderman Ferrell: Thank you.
Mayor Coody: Tim could you use the pointer and show us where the 40 lies?
Tim Conklin: Are you south of Silverthorne in this area? (Tim showed the Council on the map
the area Ms. Weeks was referring to.)
Mayor Coody: I see. That seems like a logical place to draw the line if we wanted to.
Alderman Thiel: But Kit explained that we really couldn't do that.
Kit Williams: You couldn't now, but you could in the future.
Mayor Coody: That's what I mean, if we were able to get the 40 acres, it looks like that would
work for both us and. Farmington is what I meant by that. Would you be willing to do it this
way, to where we could go ahead and annex the whole 405 acres, and then deal with your
families to let you secede from the union and go to Farmington? If you don't want to come to
Fayetteville we don't want to force you to do that because you would vote against everybody up
here once you get a chance to.
Michelle Weeks: 1 will if you'll give me the chance to get out of Fayetteville.
Mayor Coody: Yeah. That option would be open to you.
Michelle Weeks: And if you do annex us in that you do us R -A.
Mayor Coody: Okay. Is that a pretty good understanding to everybody?
Alderman Lucas: Can we annex it in as R -A? I mean, we're doing the whole thing R -I.
Kit Williams: Well, initially we're annexing everything in as R-1, which is one unit per acre;
you would be grandfathered in with your horses anyway. Of course, if you're seeking a
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City Council Meeting Minutes
September 5, 2006
Page 10 on!
detachment, then I would seek the detachment rather than a rezoning, because if you're detached
it would be up to Farmington to zone you.
Mayor Coody: Does that sound reasonable?
Michelle Weeks: Sure.
Mayor Coody: Is there any other comment from the public on this?
Heather Dumas: Good evening. I'm representing approximately 26 property owners, totaled,
we have about 215 acres. If you'll look on your map, if you look at the Sloan annexation, from
his southern line all the way down to the northern city limit line, those are the property owners
I'm representing.
Mayor Coody: Could you use the pointer just to show everybody in the room where you're
talking about.
Tim Conklin showed the Council the area Ms. Dumas was referring to.
Heather Dumas: Originally we wanted to file to annex into Fayetteville with Sloan, but we
couldn't work out our timing. We did file for annexation into Fayetteville about two weeks after
Mr. Sloan did. Two weeks ago we had a public hearing at the county and the county did release
us to go into Fayetteville, but after talking with staff we couldn't get through Fayetteville's
process before the election was complete. I know the majority of the property owners here
would still like to be in Fayetteville. The majority of them, which is family in one form or
another, we don't plan on developing for a considerable amount of time, so right now it is
farmland. We do plan on keeping it as farmland. There is one 40 acre tract that is under
development right now with the old Hatfield property, I believe Mark Foster is developing that.
The rest is pretty much agricultural land. We have incurred considerable expense trying to come
into Fayetteville and fight Farmington, so we would ask that you go ahead and pass the
ordinance for us.
Mayor Coody: All right. Any other questions or comments for Heather on this? Would anyone
else like to speak? How are you tonight, sir?
Maurice Rankin, 105 North Double Springs Road: We're in the protrusion to the left of Double
Springs and we are very emphatically in favor of the proposal. We want to go into Fayetteville;
we don't want to be in Farmington. Two principle reasons, taxes are hundreds of dollars higher
in Farmington than they are in Fayetteville, and Fayetteville's recycling services are much better
and a number of other advantages, too. I've spoke to you previously on this, so I won't take the
time to repeat all of that. Definitely there are people here in the neck over there that do want to
be in Fayetteville. Thank you.
Mayor Coody: If you would like to speak at length about the lower taxes and Fayetteville's
other services, you're welcome to.
Maurice Rankin: We have five acres and we are on Double Springs Road right about where the
hand is.
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City Council Meeting Minutes
September 5, 2006
Page l l of 71
Mayor Coody: All right. Thank you very much, sir. Anyone else want to address this tonight?
How are you this evening?
Lorinda Schader, 5769 West Shallot Drive: Shallot Drive is on the bottom right hand section,
over on the far right on the bottom. We also would like to be in Farmington. We haven't come
forward or called anyone or anything because we also were told that it wouldn't be a problem for
them to take us in. Also when you refer to the horses, is that also cattle? Are cattle
grandfathered in, because we have cattle on our property. •
Mayor Coody: Existing uses get grandfathered when we annex.
Kit Williams: Right.
Mayor Coody: We don't annex a piece of property and then tell you that you have to change
your use from what you've been using it as We don't do that.
Lorinda Schader: We have family and our children have gone to Farmington. I've worked in
Farmington for 19 years and we live about two minutes from Farmington, so we would like it
known that we would like to go into Farmington also.
Mayor Coody: Anyone else? Yes, sir. How are you, Ted?
Ted Youmans, 152 Double Springs Road: I don't won't take any more of your time from what I
said a few weeks ago. Everything north of Washington County 640 was designated by Bud
Allen in the Fayetteville growth area; it's been designated as such since 1988. You'll be
following his wishes by doing this annexation. Thank you.
Mayor Coody: All right. Thanks Ted. Anyone else? We will close it to public comment and
bring it back to City Council. What's the Council's wish?
Alderman Lucas: We have to leave it on this reading.
Mayor Coody: And this is again at the next meeting? All right. Then we're going to close this
public hearing and move along to the next one.
Alderman Ferrell: The way we're going to go is will annex it all and then people will de -annex
or detach if they want?
Mayor Coody: Yeah, if the City Council here and the City Council of Farrington both agree.
This ordinance was left on the second reading.
Mayor Coody closed the Public Hearing.
Mayor Coody opened the Public Hearing.
Annexation of Island Surrounded by the City of Fayetteville: An ordinance to annex into the
City of Fayetteville, Arkansas a parcel of land completely surrounded by the incorporated limits
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