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