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HomeMy WebLinkAbout74-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 74-19 File Number: 2019-0212 COUNCIL'S OPPOSITION TO SENATE BILL 631: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF LOCAL CITIZENS' RIGHTS TO REGULATE AND ENCOURAGE DEVELOPMENT THAT PRESERVES THE PROPERTY VALUES, BEAUTY, AND VITALITY OF THEIR OWN COMMUNITY AND OUR CITIZENS AND COUNCIL'S OPPOSITION TO SENATE BILL 631 WHICH WOULD REMOVE OUR CITIZENS' RIGHT TO MAINTAIN FAYETTEVILLE AS ONE OF THE FASTEST GROWING AND MOST DESIRABLE PLACES TO LIVE AND WORK IN THE UNITED STATES WHEREAS, Senate Bill 631 would remove the authority of our citizens and elected City Council to ensure Fayetteville remains the attractive, healthy and prosperous city it has become in the twenty-six years since the Tree Preservation and Protection Ordinance was passed unanimously by the City Council on April 20, 1993; and WHEREAS, the stated and proven purposes of the Tree Preservation and Protection ordinance are to: "create a desirable environment for Fayetteville residents, businesses and industries; filter pollutants from the air and release oxygen; decrease storm water runoff, increase property values, protect investment; screen incompatible land uses"; and several other beneficial purposes; and WHEREAS, the Tree Preservation and Protection Ordinance was the result of long-term and extensive consultation with, and cooperation and compromise by developers, City staff, realtors, environmentalists, Planning Commissioners, builders, landscape professionals, and members of the Fayetteville Board of Directors; and WHEREAS, the Tree Preservation and Protection Ordinance has always ensured that builders and developers can profitably develop and use their property by providing numerous mitigation possibilities when trees need to be removed for a successful development; and Page 1 Printed on 412119 File Number: 2019-0212 Resolution 74-19 WHEREAS, Senator Bart Hester's Senate Bill 631 endangers the local consensus and cooperation between the development community and environmental community epitomized by the Tree Preservation and Protection Ordinance which has served Fayetteville and its citizens well for over a quarter century, helped put Fayetteville on the best cities of America lists, and dramatically increased local property values; and WHEREAS, Senate Bill 631 should not be enacted into law because it is absolutely unneeded, undesirable, and a sad example of Big Government dictating the revocation of a strongly and widely supported Tree Preservation and Protection ordinance which should remain within the power and authority of our local citizens and their locally elected and locally serving representatives. 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 expresses its wholehearted support to maintain and strengthen the right of local governments and their citizens to decide local development issues, especially one as revered by Fayetteville citizens as their Tree Preservation and Protection Ordinance and hereby requests that our State Representatives support local citizen control over how their town or city should develop rather than having out of town legislators dictate what our community should look like, and requests that all Arkansas Senatorst'r� Representatives vote "No" on Senate Bill 631. +t++•L�� t ;h ; T Q�!rrr T Y �;.,7 PASSED and APP OVED o 212019 ,50 rs� Approve Attest: J6 AA40 rte,C0��,`+�tti Lion d%Jordan, M or Sot ra E. Smith, City Clerk Treasti'i'dtr►ti,i,t►►►► Paye 2 Printed on 412119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0212 Agenda Date: 4/2/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution COUNCIL'S OPPOSITION TO SENATE BILL 631: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF LOCAL CITIZENS' RIGHTS TO REGULATE AND ENCOURAGE DEVELOPMENT THAT PRESERVES THE PROPERTY VALUES, BEAUTY, AND VITALITY OF THEIR OWN COMMUNITY AND OUR CITIZENS AND COUNCIL'S OPPOSITION TO SENATE BILL 631 WHICH WOULD REMOVE OUR CITIZENS' RIGHT TO MAINTAIN FAYETTEVILLE AS ONE OF THE FASTEST GROWING AND MOST DESIRABLE PLACES TO LIVE AND WORK IN THE UNITED STATES WHEREAS, Senate Bill 631 would remove the authority of our citizens and elected City Council to ensure Fayetteville remains the attractive, healthy and prosperous city it has become in the twenty-six years since the Tree Preservation and Protection Ordinance was passed unanimously by the City Council on April 20, 1993; and WHEREAS, the stated and proven purposes of the Tree Preservation and Protection ordinance are to: "create a desirable environment for Fayetteville residents, businesses and industries; filter pollutants from the air and release oxygen; decrease storm water runoff; increase property values, protect investment; screen incompatible land uses"; and several other beneficial purposes; and WHEREAS, the Tree Preservation and Protection Ordinance was the result of long-term and extensive consultation with, and cooperation and compromise by developers, City staff, realtors, environmentalists, Planning Commissioners, builders, landscape professionals, and members of the Fayetteville Board of Directors; and WHEREAS, the Tree Preservation and Protection Ordinance has always ensured that builders and developers can profitably develop and use their property by providing numerous mitigation possibilities when trees need to be removed for a successful development; and WHEREAS, Senator Bart Hester's Senate Bill 631 endangers the local consensus and cooperation between the development community and environmental community epitomized by the Tree Preservation and Protection Ordinance which has served Fayetteville and its citizens well for over a quarter century, helped put Fayetteville on the best cities of America lists, and dramatically increased local property values; and WHEREAS, Senate Bill 631 should not be enacted into law because it is absolutely unneeded, undesirable, and a sad example of Big Government dictating the revocation of a strongly and widely supported Tree City of Fayetteville, Arkansas Page 1 Printed on 41312019 File Number: 2019-0212 Preservation and Protection ordinance which should remain within the power and authority of our local citizens and their locally elected and locally serving representatives. 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 expresses its wholehearted support to maintain and strengthen the right of local governments and their citizens to decide local development issues, especially one as revered by Fayetteville citizens as their Tree Preservation and Protection Ordinance and hereby requests that our State Representatives support local citizen control over how their town or city should develop rather than having out of town legislators dictate what our community should look like, and requests that all Arkansas Senators and Representatives vote "No" on Senate Bill 613. City of Fayetteville, Arkansas Page 2 Printed on 4/3/2019 OFFICE OF THE CITY ATTORNEY TO: FROM: DATE: RE: 14 V,,j0. fq d01 A L4 -Z-/4 DEPARTMENTAL CORRESPONDENCE Mayor Jordan City Council Blake Pennington, Assistant City Attorn March 28, 2019 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Resolution to Support Fayetteville's Tree Ordinance and Oppose SB631 On March 25, Senator Bart Hester introduced Senate Bill 631, which he has named the "Landowner Tree Maintenance Protection Act." If passed, this act could put our Tree Protection and Preservation ordinance at risk. In response, City Attorney Kit Williams has drafted, and Mayor Jordan has sponsored, the attached Resolution opposing SB631. In order to consider the Resolution at your April 2 meeting, you will need to suspend the rules and add it to the agenda. Legistar ID No.: 2019-0212 AGENDA REQUEST FORM FOR: Council Meeting of April 2, 2019 FROM: Mayor Lioneld Jordan ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF LOCAL CITIZENS' RIGHTS TO REGULATE AND ENCOURAGE DEVELOPMENT THAT PRESERVES THE PROPERTY VALUES, BEAUTY, AND VITALITY OF THEIR OWN COMMUNITY AND OUR CITIZENS AND COUNCIL'S OPPOSITION TO SENATE BILL 631 WHICH WOULD REMOVE OUR CITIZENS' RIGHT TO MAINTAIN FAYETTEVILLE AS ONE OF THE FASTEST GROWING AND MOST DESIRABLE PLACES TO LIVE AND WORK IN THE UNITED STATES FOR AGENDA: Jordan Asst. City Attorney Blake Pennington Approved as to form Date 3r /11 Date RESOLUTION NO. A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF LOCAL CITIZENS' RIGHTS TO REGULATE AND ENCOURAGE DEVELOPMENT THAT PRESERVES THE PROPERTY VALUES, BEAUTY, AND VITALITY OF THEIR OWN COMMUNITY AND OUR CITIZENS AND COUNCIL'S OPPOSITION TO SENATE BILL 631 WHICH WOULD REMOVE OUR CITIZENS' RIGHT TO MAINTAIN FAYETTEVILLE AS ONE OF THE FASTEST GROWING AND MOST DESIRABLE PLACES TO LIVE AND WORK IN THE UNITED STATES WHEREAS, Senate Bill 631 would remove the authority of our citizens and elected City Council to ensure Fayetteville remains the attractive, healthy and prosperous city it has become in the twenty-six years since the Tree Preservation and Protection Ordinance was passed unanimously by the City Council on April 20, 1993; and WHEREAS, the stated and proven purposes of the Tree Preservation and Protection ordinance are to: "create a desirable environment for Fayetteville residents, businesses and industries; filter pollutants from the air and release oxygen; decrease storm water runoff, increase property values, protect investment; screen incompatible land uses"; and several other beneficial purposes; and WHEREAS, the Tree Preservation and Protection Ordinance was the result of long-term and extensive consultation with, and cooperation and compromise by developers, City staff, realtors, environmentalists, Planning Commissioners, builders, landscape professionals, and members of the Fayetteville Board of Directors; and WHEREAS, the Tree Preservation and Protection Ordinance has always ensured that builders and developers can profitably develop and use their property by providing numerous mitigation possibilities when trees need to be removed for a successful development; and WHEREAS, Senator Bart Hester's Senate Bill 631 endangers the local consensus and cooperation between the development community and environmental community epitomized by the Tree Preservation and Protection Ordinance which has served Fayetteville and its citizens well for over a quarter century, helped put Fayetteville on the best cities of America lists, and dramatically increased local property values; and WHEREAS, Senate Bill 631 should not be enacted into law because it is absolutely unneeded, undesirable, and a sad example of Big Government dictating the revocation of a strongly and widely supported Tree Preservation and Protection ordinance which should remain within the power and authority of our local citizens and their locally elected and locally serving representatives. 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 expresses its wholehearted support to maintain and strengthen the right of local governments and their citizens to decide local development issues, especially one as revered by Fayetteville citizens as their Tree Preservation and Protection Ordinance and hereby requests that our State Representatives support local citizen control over how their town or city should develop rather than having out of town legislators dictate what our community should look like, and requests that all Arkansas Senators and Representatives vote "No" on Senate Bill 613. PASSED and APPROVED this 2nd day of April, 2019. APPROVED: ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 11 ORDINANCE NO. 36 9 AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES ON PUBLIC GROUNDS AND 1N NEW SUBDIVISIONS, LARGE SCALE DEVELOPMENTS, AND COMMERCIAL DEVELOPMENTS; PROVIDING PROTECTION FOR RARE AND LANDMARK TREES; AND PROVIDING FOR REMOVAL OF HAZARDOUS TREES. WHEREAS, the trees located in the City of Fayetteville are a valuable natural resource which need to be protected. NOW THEREFORE, TO PROTECT THIS NATURAL RESOURCE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sggfioq,-1-. PURPOSE. It is the purpose of this ordinance to preserve and enhance the natural beauty of Fayetteville, to protect the health and safety of the residents of Fayetteville, and to protect the environment, by providing for regulation of the planting, maintenance, and removal of trees within the City of Fayetteville, in order to accomplish where possible, the following objectives: A. To create a desirable environment fdr Fayetteville residents, businesses and industries. B. To moderate effects of sun, wind, and temperature changes. r C. To buffer noise, air and visual pollution. D. To filter pollutants from the air and release oxygen. E. To decrease storm water runoff. F. To stabilize soil and prevent erosion. G. To provide habitat for wildlife. H. To increase property values and protect investment. I. To preserve desirable trees. J. To help preserve river and stream banks. K. To screen incompatible land uses. L. To establish minimum site management requirements for trees protected by this ordinance. Page 12 Ordinance No. 3699 April 20, 1993 to which such developer of a subdivision (except single-family homeowners), large-scale development, commercial development, or conditional, uses in other zones which are commercial in nature was subject, including compliance with the Tree Preservation Plan. ectian 15_. SEVERABILITY. Should any section, clause, or phrase of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so invalidated. Section 16. The City Council hereby determines that the aforesaid provisions are necessary and unless put into effect immediately, the public health, safety, and welfare of the people of Fayetteville will be adversely affected_ Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the public health, safety, and welfare shall be in fall force and effect from and after its passage and approval. PASSED AND APPROVED this -2.p.thday of p,;1 , 1993. APPROVED' BY: :� Fred Hanna, Mayor ATTEST: BY: , IAF Odd Sherry LoyhomasT City Clerk April 20, 1993 By waiving the requirements of bidding, the two undercover vehicles currently utilized by the Police Department, along with $7,000 budgeted for 1993, can be traded --in for replacement vehicles. Rotating vehicles often is necessary to ]seep from placing an undercover officer in danger due to the vehicle being recognized. City Attorney Rose read the ordinance for the first time. Miller, seconded by Odom, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Odom, seconded by Miller, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City attorney read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 8 to 0. Upon roll call, the emergency clause was approved by a vote of 8 to 0. ORDINANCE 3698 APPEARS ON PAGE 103 OP ORDINANCE BOOK Xx VI TREE PROTECTION ORDINANCE Mayor Hanna introduced consideration of adopting a tree protection ordinance. The Planning Commission, the Landscape Beautification Committee, and representatives of the City Council recommend this ordinance. City Attorney Rose read the ordinance for the first time. Vorsanger, seconded by Miller, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 8 to 0. The City Attorney read the ordinance for the second time. Bassett, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed by a vote of 8 to 0. The City attorney read the ordinance for the third time. Alderman Vorsanger stated he plans to support the ordinance and would like to thank the committee that worked on this which includes besides himself, Alderman Miller, Ken Pummill and Bob (Swifty) Reynolds from the Planning Commission, Marion Wycoff and Jeanie Hill of the Landscape Beautification Committee. He also thanked Alett Little and her staff who pushed the committee to meet 4 times in 4 weeks. He stated he was proud of the spirit of compromise and flexibility the people used in developing this ordinance. It may not be perfect, but it is one this City should be proud of. He recommended giving the ordinance one year, and then review it for any needed changes. He felt all of the members of the Compromise Committee feel really good about this ordinance. April 20, 1993 He agreed with the Mayor that this ordinance was certainly not developed overnight. t Alderman Vorsanger stated this was a perfect example of getting citizens together and 'using give and take to work out a problem. Members of this committee really bade him feel good that they could, , came up with something that has been worked on for two years and even thought about before that. • • Alderman Chapman stated Alderman Vorsanger made some good points.4 She stated the citizens are to be congratulated as well for their lack of harmony. She stated the lively interest in city affairs in this community is something to be proud of. Alderman Williams thanked Aldermen Miller and Vorsanger as well as Mayor Hanna, and stated he was in favor of the ordinance. Rob Leflar, a member of the Ozark Headwaters Group of the Sierra Club, stated there are about 150 members of this group in Fayetteville. They agree with Alderman Vorsanger. He had a couple of comments about the implementation of the ordinance. First, he felt it is important that Mayor Hanna and others pay attention to the composition of the advisory group. They should be knowledgeable and conscientious people. Second, he stated the Planning Management Department will be in charge of implementing this ordinance. The City Horticulturist is no longer included in the ordinance. Leflar stressed the importance of having on staff someone with the equivalent expertise. He stated there was potential for abuse of he ordinance in some areas. He looks forward to working with the City staff, the community, and Mayor Hanna on this ordinance. Dennis Smith urged the council to support this ordinance. He stated he feels it is a great move for Fayetteville. Alderman Bassett stated he echoes Alderman Vorsanger and commends him and Alderman Miller as well as Swifty Reynolds, Ken Pummill, Marion Wycoff, and Jeanie Hill. He feels this will be a big asset for Fayetteville. He also feels this demonstrates what can be done in this town when everyone works together. Alderman Daniel also thanked the people that worked on the ordinance. She stated she feels it is thorough and fair. Upon roll call, the ordinance passed by a vote of 8 to 0. Upon roll call, the emergency clause passed by a vote of 8 to 0. ORDINANCE 3699 APPEARS ON PAGE 10y OF ORDINANCE 3300K XXJI RESOLUTION NO. A RESOLUTION TO EXPRESS THE CITY COUNCIL'S SUPPORT OF LOCAL CITIZENS' RIGHTS TO REGULATE AND ENCOURAGE DEVELOPMENT THAT PRESERVES THE PROPERTY VALUES, BEAUTY, AND VITALITY OF THEIR OWN COMMUNITY AND OUR CITIZENS AND COUNCIL'S OPPOSITION TO SENATE BILL 631 WHICH WOULD REMOVE OUR CITIZENS' RIGHT TO MAINTAIN FAYETTEVILLE AS ONE OF THE FASTEST GROWING AND MOST DESIRABLE PLACES TO LIVE AND WORK IN THE UNITED STATES WHEREAS, Senate Bill 631 would remove the authority of our citizens and elected City Council to ensure Fayetteville remains the attractive, healthy and prosperous city it has become in the twenty-six years since the Tree Preservation and Protection Ordinance was passed unanimously by the City Council on April 20, 1993; and WHEREAS, the stated and proven purposes of the Tree Preservation and Protection ordinance are to: "create a desirable environment for Fayetteville residents, businesses and industries; filter pollutants from the air and release oxygen; decrease storm water runoff, increase property values, protect investment; screen incompatible land uses"; and several other beneficial purposes; and WHEREAS, the Tree Preservation and Protection Ordinance was the result of long-term and extensive consultation with, and cooperation and compromise by developers, City staff, realtors, environmentalists, Planning Commissioners, builders, landscape professionals, and members of the Fayetteville Board of Directors; and WHEREAS, the Tree Preservation and Protection Ordinance has always ensured that builders and developers can profitably develop and use their property by providing numerous mitigation possibilities when trees need to be removed for a successful development; and WHEREAS, Senator Bart Hester's Senate Bill 631 endangers the local consensus and cooperation between the development community and environmental community epitomized by the Tree Preservation and Protection Ordinance which has served Fayetteville and its citizens well for over a quarter century, helped put Fayetteville on the best cities of America lists, and dramatically increased local property values; and WHEREAS, Senate Bill 631 should not be enacted into law because it is absolutely unneeded, undesirable, and a sad example of Big Government dictating the revocation of a strongly and widely supported Tree Preservation and Protection ordinance which should remain within the power and authority of our local citizens and their locally elected and locally serving representatives. 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 expresses its wholehearted support to maintain and strengthen the right of local governments and their citizens to decide local development issues, especially one as revered by Fayetteville citizens as their Tree Preservation and Protection Ordinance and hereby requests that our State Representatives support local citizen control over how their town or city should develop rather than having out of town legislators dictate what our community should look like, and requests that all Arkansas Senators and Representatives vote "No" on Senate Bill 613. PASSED and APPROVED this 2nd day of April, 2019. U 9 a • •1T/_aa By: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer