HomeMy WebLinkAbout52-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 52-17
File Number: 2017-0124
ARKANSAS GENERAL ASSEMBLY:
A RESOLUTION TO REQUEST THE ARKANSAS GENERAL ASSEMBLY TO REFRAIN FROM
REMOVING THE AUTHORITY OF LOCAL GOVERNMENTS TO RESOLVE LOCAL ISSUES AND
ENACT DEVELOPMENT REGULATIONS TO FOSTER IMPROVED ECONOMIC GROWTH
WHEREAS, the Arkansas General Assembly has long recognized that local governments are the closest
and most responsive to their citizens and best able to resolve the varied uses and conflicts of city life;
and
WHEREAS, the General Assembly has empowered city councils to enact ordinances "which, as to them,
shall seem necessary to provide for the safety, preserve the health, promote the prosperity and improve the
morals, order, comfort and convenience of such corporations and the inhabitants thereof' (A.C.A. § 14-
55-102); and
WHEREAS, the Arkansas Supreme Court has also "recognized that the varied uses and conflicts of city
life requires that much must be left to the discretion of city authorities" (City of Little Rock v. Linn, 245
Ark. 260, 264 (1968); and
WHEREAS, after lengthy study and negotiations between developers, realtors, citizens and city staff,
the City Council of the City of Fayetteville enacted a Tree Preservation and Protection Ordinance a
quarter of a century ago and has used it to preserve and enhance the beauty and quality of life in
Fayetteville ever since; and
WHEREAS, Fayetteville's Tree Preservation and Protection ordinance preserves our homeowners' rights to
remove any tree or bush from their residential property and exempts most builders of homes and duplexes
from tree preservation requirements; and
WHEREAS, since that time Fayetteville has enjoyed very rapid growth and almost doubled its
population with equally impressive job and commercial growth assisted (and not hindered) by Fayetteville's
Tree Preservation and Protection ordinance and other development regulations ensuring quality and
Page 1 Printed on 312117
Resolution: 52-17
File Number.- 2017-0124
sustainable growth; and
WHEREAS, Fayetteville and its metropolitan area has once again been ranked as one of best places to
live and work in America; and
WHEREAS, our citizens' quality of life and our city's attractiveness for continued commercial and
residential development depends upon the Fayetteville City Council's development regulations not being
vetoed by big government proponents in the Legislature who want to impose their will and substitute their
judgment for our citizens' clear decisions to preserve worthy parts of our natural settings which have
proven so successful for our economic prosperity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby requests that the Arkansas
General Assembly reject Senate Bill 286 and refrain from removing the authority of local governments to
resolve their local issues and also requests that the General Assembly honor and respect our City
Council's judgments on how best to preserve and enhance Fayetteville's natural beauty and economic
prosperity.
PASSED and APPROVED on 2/21/2017
Attest:
-" &-, �CI�.'k +
Sondra E. Smith, City Clerk T `eraj4V6f1,,,,r,,�
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Page 2 Printed on 3/2/17
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0124
Agenda Date: 2/21/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
A RESOLUTION TO REQUEST THE ARKANSAS GENERAL ASSEMBLY TO REFRAIN FROM
REMOVING THE AUTHORITY OF LOCAL GOVERNMENTS TO RESOLVE LOCAL ISSUES
AND ENACT DEVELOPMENT REGULATIONS TO FOSTER IMPROVED ECONOMIC GROWTH
WHEREAS, the Arkansas General Assembly has long recognized that local governments are the
closest and most responsive to their citizens and best able to resolve the varied uses and conflicts of city
life; and
WHEREAS, the General Assembly has empowered city councils to enact ordinances "which, as to
them, shall seem necessary to provide for the safety, preserve the health, promote the prosperity and
improve the morals, order, comfort and convenience of such corporations and the inhabitants thereof
(A.C.A. § 14-55-102); and
WHEREAS, the Arkansas Supreme Court has also "recognized that the varied uses and conflicts of city
life requires that much must be left to the discretion of city authorities" (City of Little Rock v. Linn, 245
Ark. 260, 264 (1968); and
WHEREAS, after lengthy study and negotiations between developers, realtors, citizens and city staff,
the City Council of the City of Fayetteville enacted a Tree Preservation and Protection Ordinance a
quarter of a century ago and has used it to preserve and enhance the beauty and quality of life in
Fayetteville ever since; and
WHEREAS, Fayetteville's Tree Preservation and Protection ordinance preserves our homeowners'
rights to remove any tree or bush from their residential property and exempts most builders of homes
and duplexes from tree preservation requirements; and
WHEREAS, since that time Fayetteville has enjoyed very rapid growth and almost doubled its
population with equally impressive job and commercial growth assisted (and not hindered) by
Fayetteville's Tree Preservation and Protection ordinance and other development regulations ensuring
quality and sustainable growth; and
WHEREAS, Fayetteville and its metropolitan area has once again been ranked as one of best places to
live and work in America; and
WHEREAS, our citizens' quality
of life and our city's attractiveness for continued
commercial
and
residential development depends
upon the Fayetteville City Council's development
regulations
not
being vetoed by big government
proponents in the Legislature who want to impose
their will
and
City of Fayetteville, Arkansas Page 1 Printed on 31212017
File Number.' 2017-0124
substitute their judgment for our citizens' clear decisions to preserve worthy parts of our natural settings
which have proven so successful for our economic prosperity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby requests that the Arkansas
General Assembly reject Senate Bill 286 and refrain from removing the authority of local governments
to resolve their local issues and also requests that the General Assembly honor and respect our City
Council's judgments on how best to preserve and enhance Fayetteville's natural beauty and economic
prosperity.
u
City of Fayetteville, Arkansas Page 2 Printed on 3/2/2017
Kit Williams
Submitted By
City of Fayetteville Staff Review Form
2017-0124
Legistar File ID
2/21/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/22/2017 City Attorney /
General Government Department
Submitted Date Division / Department
Action Recommendation:
A RESOLUTION TO REQUESTTHE ARKANSAS GENERAL ASSEMBLY TO REFRAIN FROM REMOVING THE AUTHORITY
OF LOCAL GOVERNMENTS TO RESOLVE LOCAL ISSUES AND ENACT DEVELOPMENT REGULATIONS TO FOSTER
IMPROVED ECONOMIC GROWTH
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
91
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Paul Becker, Chief Financial Officer
Jeremy Pate Development Services Director
FROM: Kit Williams, City Attorney
DATE: February 16, 2017
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
RE: Senate Bill 286's Attempted Repeal of Fayetteville's Tree
Preservation and Protection Ordinance
Even though neither Senator Bart Hester of Cave Springs nor
Representative Robin Lundstrum of Elm Springs represent a single
Fayetteville resident, they are sponsoring Senate Bill 286 to repeal
Fayetteville"s Tree Preservation and Protection Ordinance. These Big
Government proponents seek to have the big state government dictate to
local governments whether firmly established local development
regulations like tree preservation ordinances can continue to protect our
citizens. From on high at the State Legislature, these politicians attack a two -
decades -old and proven regulation that has helped spur Fayetteville's
economic prosperity and quality of life.
The fair and balanced Tree Preservation and Protection Ordinance has
never prevented a homeowner from cutting trees or bushes around his or
her residence. Instead the Tree Preservation and Protection Ordinance has
sought to preserve and enhance portions of Fayetteville's urban forest when
large commercial projects are developed. Our tree preservation regulations
have resulted in much more attractive commercial and large residential
developments and enhanced our prosperity and strong economic and
population growth since the ordinance's enactment.
A dictated repeal of our Tree Preservation and Protection Ordinance
by the State Legislature would not only damage Fayetteville's quality of life,
but threaten our economic growth and prosperity by damaging our
attractiveness which has helped make Fayetteville the fifth best place to live
in the United States as ranked by U.S. News and World Report. The proposed
Act also violates well-respected and established conservative and small
government principles that governments closer to the people should not be
suppressed and trampled upon by a higher level government, be it State or
Federal.
Some Aldermen indicated they might like to walk on to the February
21, 2017 City Council meeting the attached proposed Resolution to support
our Tree Preservation and Protection Ordinance from the attack of outside
Legislators and their Senate Bill 286. If so, a City Council member would
need to move to suspend the rules to add this Resolution to the agenda. Such
motion requires 6 affirmative votes to pass.
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Stricken language would be deleted from and underlined language would be added to present law.
State of Arkansas
91 st General Assembly A Bill
Regular Session, 2017 SENATE BILL 286
By: Senator Hester
By: Representative Lundstrum
For An Act To Be Entitled
AN ACT TO PROHIBIT CITIES AND COUNTIES FROM DENYING
OR HINDERING PRIVATE PROPERTY OWNERS THE RIGHT TO
REMOVE OR TRIM TREES, BUSHES, OR SHRUBS; AND FOR
OTHER PURPOSES.
Subtitle
TO PROHIBIT CITIES AND COUNTIES FROM
DENYING OR HINDERING PRIVATE PROPERTY
OWNERS THE RIGHT TO REMOVE OR TRIM TREES,
BUSHES, OR SHRUBS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 14, Chapter 1, is amended to add an
additional subchapter to read as follows:
Subchapter 5 -- Landowner Tree Maintenance Protection Act
14-1-501. Title.
This subchapter shall, be known and ma. be cited as the "Landowner Tree
Maintenance Protection Act".
14-1,-502. Fundings and legislative intent.
<a)__ The General Assembly finds that the ritpht to mm, use, and eniox
private property:
1 Is protected by the Arkansas Constitution and the United
02-06-2017 16:30:28 KLC055
SB286
1 States Constitution:
2 (2) is a hallmark of Arkansas and American society chat is
3 deeply embedded in the fabric of both urban and rural societies; and
4 (3) Should be protected from undue interference by state and
5 local government.
6 b It is the intent of the General Assembly by this subchapter to
7 preserve and protect the property rights of citizens by ensuring that county
8 and local governments do not prohibit or hinder a landowner from trimminz or
9 removing the landowner's trees, bushes or shrubs.
10
11 14-1-503. Definitions.
12 As used in this subchapter:
13 (1) "Landowner" means:
14 (A) An individual or entity that owns real prot+erty; and
15 (B) The authorized agents of an individual or entity that
16 owns real property? and
17 (2) "`free maintenance" means trimminp- or removing a tree, bush,
18 or shrub.
19
20
14-1-504. County and municipal
ordinances restricting tree maintenance
21
22
prohibited
(a)
-- Exceptions.
A county, city,or town
shall not restrict by ordinance or
23
otherwise
the right of a landowner
to perform tree maintenance on the
24
25
Landowner's
(b)
property.
Subsection (a) of this
section does not permit a landowner to
26 perform tree maintenance on the landowner's nrooerty if the tree maintenance
27 on the landowner's property would violate:
28
(1)
A
real property_ covenant or deed restriction;
29
(_2_)
A
bill of assurance; or
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3
A
requirement or restriction imposed by a homeowners'
31
association,_a property
owners' association, or a similar organization
32
whether imposed_by_a
duly recorded master deed and bylaws or otherwise.
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34
14-1-505.
Conflicting ordinances repealed.
35
An ordinance
of a county, city, or town that conflicts with this
36
subchapter is repealed
to the extent of the conflict..
2 02-06-2017 16:30:28 KLC055