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HomeMy WebLinkAbout2000-01-04 - Agendas - Final FAYETTEALLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL JANUARY 4, 2000 A meeting of the Fayetteville City Council will be held on January 4, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. • NOMINATING COMMITTEE REPORT A. CONSENT AGENDA 1. APPROVAL OF THE MINUTES: Approval of the minutes of the December 21 , 1999 City Council meeting. 2. MT. SEQUOYAH WATER TANK LEASE: A resolution approving an amendment to the lease agreement with Mt. Sequoyah, Incorporated for the right to sub-lease space on or above the water tank. B. OLD BUSINESS 1. RZA 99-3: An ordinance approving an amendment to Ordinance 4187 which annexed property owned by John DeWeese and Mike Schmidt in the City of Fayetteville. The amendment is to correct an error in the legal description. 2. VA 99-13: An ordinance approving vacation request VA 99- 13 .00 submitted by Mike Roetzel on behalf of Buddy Peoples for property located at 28' Court. The request is to vacate the undeveloped street right-of-way located west of Club Oak Drive within Edge Hill Subdivision. This item was left on the second reading at the December 21 , 1999 meeting. I 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 Final Agenda January 4, 2000 Page 2 C, NEW BUSINESS 1. RZ 99-33: An ordinance approving rezoning request RZ 99-33 .00 submitted by Charles Venable on behalf of the City of Fayetteville for property located west of School Street, east of West Street, south of Mountain Street, and north of Rock Street. The property is zoned R-2, Medium Density Residential, and R-O, Residential Office, and contains approximately 2.42 acres. The request is to rezone the property to C-3, Central Commercial. 2, RZA 99-4: An ordinance approving annexation request RZA 99-4.00 submitted by Don Bunn on behalf of the City of Fayetteville for property located south of Persimmon, bound on the west by 54' Street and bound on the east by County Road 648. The request is to annex the approximately 320 acres. 3, VA 99-15: An ordinance approving vacation request VA 99- 15 .00 submitted by Roger Trotter of Development Consultants, Inc. on behalf of Steve Clary Development Corp. for property located at Lots 3R and 8 of Wedington Place. The request is to vacate the 20-foot utility easement between Lots 3R and 8 and a portion of a 15-foot drainage easement located within Lot 8. 4 A&B's TAXI: A resolution approving a Certificate of Public Convenience and Necessity for A&B 's Taxi. CHECKLIST FOR CITY COUNCIL MEETING: —1-1-4412000 AGENDA DUE: Draft Tentative Agenda Session Final DATE: J DISTRIBUTION: T A F Staff: T A F Bob Reynolds ✓ Mayor Hanna Ron Austin John Maguire v Cyrus Young Nancy Hendricks Kyle Russell ✓ Charles Venable Trent Trumbo Don Bunn Bob Davis ✓ Marilyn Cramer Kevin Santos e- Steve Davis Heather Daniel Yolanda Fields Jerry Rose Northwest AR Times ✓ Tim Conklin / Morning News ✓ Alett Little AR Democrat-Gazette ✓ ❑ Draft Agenda Check for Additional Items Mail Notification Letters to Applicants / Property Owners ❑ Tentative Agenda ❑ Include all contracts ❑ Include budget adjustments ❑ All signatures on Staff Review Form ❑ Page numbers correct a` 24 copies of agenda packet distributed to Distribution t9� 34 copies of agenda cover distributed to general staff [3' 10 copies of agenda cover placed in City Clerk's office agenda cubbybox Put minutes cover (items approved) on front of agenda r fp 0 0 Continued: CHECKLIST FOR CITY COUNCIL MEETING : / /2000 ❑ Agenda Session v� ❑ Attendance /rr� ❑ Additional Information o�Y aF � � o�D 'UMr,✓�7rwa Cmn, ❑ New Information yor ❑ Requested Information ❑ Distribute Agenda Session packet to anyone absent ❑ Make sure Lana / Marilyn have their copies Cl Final Agenda t/ Additional Information U/ Minutes d All signatures on Staff Review Form and executed contracts (other side) %/ Include all contracts a/ Include budget adjustments a 24 copies of agenda packet distributed to Distribution IT 34 copies of agenda cover distributed to general staff r?" 15 copies of agenda cover placed in City Council entry box V( Ac vertisement IR Display ad faxed to NWAT, Friday, 11 :00 a.m. t1 Fax proof checked / returned to NWAT by Friday afternoon ❑ Cut out Final Agenda from Monday newspaper RV Internet disk: approved minutes, agenda, public meetings to Kevin Springer ❑ City Council Roll tally t3/ Assemble and bring full agenda ❑ Resolutions / Ordinances: ❑ Resolutions / Ordinances assembled and signed ❑ Update Resolutions / Ordinances Book ❑ Attach correspondence / conversations to Resolutions / Ordinances ❑ Resolutions / Ordinances indexed and microfilmed ❑ Publish ordinances ❑ File ordinances at Washington County Courthouse ❑ Distribute originals and copies with cover letters ❑ Send ordinances for codification ❑ Thank you letters to speakers ❑ Send notification letters to applicants ❑ Index City Council minutes ❑ Distribute City Council minutes ❑ Planning ❑ Marilyn Cramer ❑ Arthur Andersen 11 Public Library CITY COUNCIL JANUARY 4, 2000 fn• ROLL QIP AINTIN DAVIS TRUMBO DANIEL MAYOR HANNA -0 , REYNOLDS AINTIN DAVIR TRTTMRQ DANIEL lll� o -Do- p P aDt \(/ Ko 9 - AT TqTTN DAVIS TRI TMBQ MAYOR HANNA `� ✓ �/ l CITY COUNCIL JANUARY 4, 2000 ROLLRANTUS tn � AUSTIN DAVIS TRUMBO MAYOR HANNA 4009 Fjj AllqTIN DAVPq DANIEL ✓ CITY COUNCIL JANUARY 4, 2000 acyA ROLL !✓ ✓ l� AlTqTrM DAVIS ✓ tp TRUMBO ✓ MAYOR HANNA P'7 - qANTOLOs RFYNol DR nAVIS TRI IMBQ DANIEL ✓ Revised January 3, 2000 MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL DECEMBER 21, 1999 A meeting of the Fayetteville City Council was held on December 21 , 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Present: Mayor Hanna; Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Young, and Russell; City Attorney Jerry Rose; City Clerk Heather Woodruff, Staff; Press; Audience. Absent: Kevin Santos ITEM CONSIDERED ACTION TAKEN Nominating Committee report Approved Approval of the Minutes Approved Park Land Waiver: Summit Development Approved Res. 162-99 Trolley Operations Contract Approved Res. 163-99 Pay Plan Adjustment Approved Res. 164-99 2000 Complete Count for U.S. Year 2000 Census Approved Res. 165-99 Highway 265 Sidewalks Approved Res. 166-99 VA 99- 13 Left on the second reading RZ 99-32 Passed Ord. 4205 2000 Annual Budget and Work Program Approved Res. 167-99 Wheeler Water Association: System Purchase Approved Res. 168-99 Policy and Procedures: New Investment Policy Approved Res. 169-99 Highway 265 Condemnation Passed Ord. 4206 MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL DECEMBER 21, 1999 A meeting of the Fayetteville City Council was held on December 21 , 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Present: Mayor Hanna; Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Young, and Russell; City Attorney Jerry Rose; City Clerk Heather Woodruff; Staff; Press; Audience. Absent: Kevin Santos • NOMINATING COMMITTEE REPORT: Alderman Daniel moved to appoint: Airport Board Charles Wallace Cable Board Kevin McDonald Historic District Jarrod Adkisson Housing Authority Dan Hudspeth Parks and Recreation Bill Ackerman and Judie Nickell Public Library Board Richard Alexander Tree and Landscape Bill Dollar, David Whitaker, Scott Starr, Michael Campbell, James Gibson, and Janet Coleman. Alderman Trumbo seconded the motion. Upon roll call the motion carried unanimously. CONSENT AGENDA APPROVAL OF THE MINUTES Approval of the minutes of the December 7, 1999 City Council meeting. PARK LAND WAIVER A resolution approving a waiver of Ordinance 3793 to accept money in lieu of the land dedication requirement. The developer for the proposed subdivision is Summit Development. The property is located south of Highway 16 West and west of Shiloh Drive. RESOLUTION 162-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. • City Council Meeting December 21 , 1999 Page 3 TROLLEY OPERATIONS A resolution accepting a renewal agreement with Jones Transportation Services for Trolley Operations for the period of January 1 , 2000 through December 31 , 2000. RESOLUTION 163-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. PAY PLAN ADJUSTMENT A resolution adopting a year 2000 pay plan for hourly, salaried, executive and civil service, fire and police personnel. RESOLUTION 164-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. 2000 COMPLETE COUNT A resolution approving an interlocal agreement between the County and incorporated cities within Washington County. The agreement authorizes the creation of a Washington County Complete Count Committee for the purpose of facilitating the Year 2000 Census. RESOLUTION 165-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. HIGHWAY 265 SIDEWALKS • A resolution authorizing the payment of $53,579.00 to the Arkansas Highway and Transportation Department for the City of Fayetteville's cost to install sidewalks along Highway 265, between Highway 16 East and Highway 45 . RESOLUTION 166-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Alderman Daniel moved to approve the Consent Agenda. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. OLD BUSINESS VA 99-13.00 An ordinance approving vacation request VA 99- 13 .00 submitted by Mike Roetzel on behalf of Buddy Peoples for property located at 281 Court. The request is to vacate the undeveloped street right-of-way located west of Club Oak Drive within Edge Hill Subdivision. This item was left on the first reading at the December 7, 1999 City Council meeting. Mr. Rose read the ordinance for the second time. Alderman Reynolds stated he had received three phone calls from neighbors who lived on Country Club Hill. They had asked for an extension so that they could do more research on the • request. He suggested it be left on the second reading. Mr. Rose stated he had received a phone call and visit on the same issue. The people who had City Council Meeting • December 21 , 1999 Page 4 spoken with him had advocated tabling the item rather than placing it on the second reading, because it might take longer than two weeks before the item could be revisited. Alderman Reynolds moved to table the item. Alderman Austin seconded the motion. Mr. Buddy Peoples stated they were requesting to vacate the street. His concern was that they were prepared to go ahead with the vacation. He wanted to get this over with. It was not his request to table the item. Alderman Young stated he had looked at the request after the last meeting. In order to construct the street there would need to be a nine-foot fill. It would be very expensive and they would have to have an additional right-of-way for the road. Aldermen Reynolds and Austin withdrew their motion. Mr. Peoples stated he did not know what the opposition was. He said they had every person within the subdivision sign a petition to vacate the street, with the exception of one person. That one person had agreed to be neutral. The Planning Staff and Planning Commission both . recommended approval of the vacation. Ms. Sylvia, an area resident, stated she and two of her neighbors had gone through the neighborhood asking people for their input on the vacation of the right-of-way. She presented a petition with the signatures of ninty-five people who wished to have the right-of-way vacated. That represents seventy-one households. She stated that very few would not sign. There are two other entrances and exits to and from Mr. Scott' s property they would like to see one house built on Club Oak Street to complete the street. They would like the neighborhood to remain quiet, rather than directing traffic from a subdivision through their neighborhood. Alderman Russell stated he was not going to base his opinion on speculation and second-hand information. He said those with an opinion in this matter should write a letter or come before the City Council. Alderman Daniel thought it was important not to rush these matters. Ms. Linda Salmonson stated she had lived in the area for three and half years. She read a letter from one of the other residents encouraging the vacation of the street. Alderman Trumbo stated the Planning Commission is a good group of people, but they should not approve everything that they did. There were many different ways to look at an item. • Mr. Frank Scott stated he was the affected property owner to the west of this subdivision. In • City Council Meeting December 21 , 1999 Page 5 1969 this street had been platted as 28" Street. It had been changed to Court Street, and was shown on the City map as having been built. It is the only public street which adjoins his property. Peach Street serves only one third of his property. Ravenswood stops short of his property. He has to maintain the portion of the road to his property. He stated it is his understanding that you are entitled to a street to your property and access to your property, citing the Supreme Court of Arkansas in 1959, the Case of Robert v Pace. The court held that the entire closing of an alley was not valid because not all of the adjoining property owners had given their written consent as required by statute. Mr. Scott questioned what the correct slope of the property was. Alderman Young stated his concern was the amount of fill they would have to add in order to meet the minimum grade to conform to the City's ordinances. Mr. Scott stated he was not convinced that the slope is any steeper than that of 24"' Street. He still felt that he needed access to the western part of his property, which is one half of his property. With the street closing, he was not sure he would ever have that access. It is the closest any street comes to the southwestern portion of his property. • Mr. Dave Jorgensen, Jorgensen and Associates, stated he had platted the subdivision. One of the reasons the street was not constructed was that it was too steep. According to the new ordinances, the maximum allowable grade is 10% with the provision for a 15% grade for a maximum distance of 300 feet in the case of hilly terrain. He had surveyed the elevations and they had come up with 19.4%. They had rounded it off to 20% in a previous report. The City staff had also measured from the existing street and down the hill. They had averaged 18.4%, which was relatively close to his figures. The figures would be closer if they used the same measurements and ran the same elevations. He thought they would be hard-pressed to build a road under the new requirements, unless they were able to get a waiver from the City Council. Alderman Young added they could fill it in to meet the minimum percentage, but in order to do that they would need an additional right-of-way. He did not think it was practical to construct the road. Mr. Venable stated he had looked at the street and the City had done a survey. Another requirement was that they had to have a minimum of 4% which would tie into the street for 100 feet. By cutting and filling they could get a 15% grade in, but it would extend further than the 300 feet and would go approximately 100 to 150 feet onto Mr. Scott's property. They could not get the street in within the 50 feet, without constructing retaining walls or having waivers. THE ITEM WAS LEFT ON THE SECOND READING. City Council Meeting i December 21 , 1999 Page 6 RZ 99-32.00 An ordinance approving rezoning request RZ 99-32.00 submitted by Stephan Thetford for property located at 3351 W. Wedington Drive. The property is zoned R-O, Residential Office and contains approximately 0.69 acres. The request is to rezone the property to C- 1 , Neighborhood Commercial. This item was left on the second reading at the December 7, 1999 City Council Meeting. Mr. Rose read the ordinance for the third and final time. There was no public comment. Upon roll call the ordinance passed unanimously. ORDINANCE 4205 AS RECORDED IN THE OFFICE OF THE CITY CLERK. 2000 ANNUAL BUDGET AND WORK PROGRAM A resolution adopting the 2000 City of Fayetteville Annual Budget and Work Program. This • item was tabled at the December 7, 1999 meeting. Alderman Davis asked if the City could have the Hay Plan, which surveyed employee salaries, conducted every year rather than every other year. Mr. Don Bailey, Personnel Director, explained that they look at what the inflationary factors are. As long as they are in the low single digits, he thought biannual surveys were sufficient. If the inflationary factors reach double digits, then they would have to look at it annually. A survey would usually cost around $8,000 to $ 10,000. Alderman Davis expressed concern about the airport's deficit carrying into the future. Luckily there were enough reserves to fund the deficit this year. They had spent a lot of money down there in the last few years. He stated it was a good airport and they were constructing new hangars to increase usage. He thought they needed to try to increase private aviation. Alderman Austin moved to approve the resolution. Alderman Reynolds seconded the motion. Upon roll call the motion carried unanimously. RESOLUTION 167-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. • • City Council Meeting December 21 , 1999 Page 7 NEW BUSINESS WHEELER WATER ASSOCIATION A resolution approving a purchase agreement for the Wheeler Water System. Mr. John Maguire, Administrative Services Director, stated the purchase contract would be approximately $ 140,000, and they would deduct from that the amount of cash in the bank at closing. They currently did not know the amount. Alderman Daniel asked how this would benefit the City. Mayor Hanna explained they were buying the water lines going to Wheeler from the City' s existing system, which they owned now. The City could then allow hook-ups from other subdivisions. There had been one or two subdivisions which had hooked on to a portion of the system. This had caused a problem on the water rate structure. With this purchase they could develop in the area without having separate water rates, which had caused controversy in the past between the Wheeler Water Association and the City of Fayetteville. He gave Mr. Maguire and • Mr. Rose credit for working out an agreement with the Wheeler Water District. There was no public comment. Alderman Reynolds moved to approve the resolution. Alderman Daniel seconded the motion. Upon roll call the motion carried unanimously. RESOLUTION 168-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. INVESTMENT POLICY A resolution approving a new investment policy to replace Policy Acct. 2 (effective July 2, 1996) in the City of Fayetteville Policy and Procedures Manual, as permitted by State of Arkansas Act 1341 of 1999. Mayor Hanna explained this was an opportunity for the City to make a little more money on the reserve money they had invested. He stated this did not change how they could invest their money, it changed how they could negotiate their reserves with the bank that paid them interest on their money. It allowed the City to get another quarter of a percent interest. Alderman Davis stated they were also limiting people that could participate. The policy required them to have an office within the City of Fayetteville. He thought local companies had enough expertise in this area to take care of any of the needs the City might have and there was no reason to go outside of Washington County to use taxpayer money. City Council Meeting . December 21 , 1999 Page 8 Alderman Daniel moved to approve the resolution. Alderman Trumbo seconded the motion. Upon roll call the motion carried unanimously. RESOLUTION 169-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. HIGHWAY 265 CONDEMNATION An ordinance authorizing the City Attorney to seek possession of certain lands located along Highway 265 in the City of Fayetteville, Arkansas by the Power of Eminent Domain, in association with the required easements for the Highway 265 Water and Sewer Relocation. Mr. Rose read the ordinance for the first time. Mayor Hanna explained there was some doubt on the title of the property in question. This was the only way they could proceed with the project without holding it up. Alderman Russell moved to suspend the rules and go to the second reading. Alderman Daniel seconded the motion. Upon roll call the motion carried unanimously. There was no public comment. Mr. Rose read the ordinance for the second time. Alderman Daniel moved to suspend the rules and move to the third and final reading. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the third and final time. Mayor Hanna called for the vote. Upon roll call the ordinance passed unanimously. ORDINANCE 4206 AS RECORDED IN THE OFFICE OF THE CITY CLERK ANNOUNCEMENTS Y2K REPORT Alderman Austin stated the committee had had their last meeting. He thanked Heather Woodruff and Kyle Russell and the other staff members who served on the committee. He encouraged the aldermen to keep the report handy until after the new year. People had been encouraged to call . their aldermen if there was a problem. He stated the report should terminate the committee. City Council Meeting iDecember 21 , 1999 Page 9 Mayor Hanna thanked Alderman Austin for all the work he had done on the committee. TOWN CENTER HEARING Mr. Rose reported on the hearing proceeding regarding the Town Center. They had gone before Judge Mary Ann Gunn on a request for summary judgement. He stated this was a very important decision for the City. They were on their sixth amended complaint. Summary judgements are hard to get. The City had to convince the judge that there was no issue of material fact left to be heard. The only thing the judge had to do was to apply the law to the undisputed facts and every inference that could be given those facts. The judge said that the City may use other money besides that from the bond issue to construct the Town Center. The judge had previously told the City they could use the A&P monies. Today the judge said that they may use parking fund money for the town center parking part of the project. She said that they may use general fund money had a general proposition. They may use City sales tax money for the town center and other City services including capital improvements. The City had not convinced her that there was not some additional facts to be developed. They were going to have to develop some more facts on the issue of the City's portion of the county sales tax and the City roll forward procedure as it applied to any problems they may have with constitutional prohibition of contracting for • more money than their revenues produced in a year. Meeting adjourned at 7:40 p. m. oz� STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of December 7 , 1999 . FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for VA 99- 13 . 00 submitted by Mike Roetzel on behalf of Buddy Peoples for property located at 28th Court . The request is to vacate the undeveloped street right of way for 28th Court located west of Club Oak Drive within Edge Hill Subdivision . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY : Acc inti g 7 nager Date ADA Coordinator Date l� A 9l C4tttbiWeIV1 '0 to Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission voted to approve the vacation request with a vote of 5-2-0 . Commissioners Estes and Johnson voted against the motion . Cross Reference sion H d Date -22 ep r e Director Date New Item : Yes No - & ydm nis at ve Services /Date Prev Ord/Res# : Direc I�JY /� Mayo Date Orig Contract Date : i VA 9943. 00 •� • Page 1 PC Meeting of 08 Nov 99 FAYETTEVILLE THE CM OF FAYETTEVILLE, ARKANSAS Street Right of Way Vacation 113 W. Mountain St. Buddy R. Peoples Fayetteville, AR 72701 TO : Fayetteville Planning Commission Members THRU : Tim Conklin, City Planner FROM : Ron Petrie, Staff Engineer DATE: November 4, 1999 Project : VA 99.00-13.00: Vacation (Peoples, pp 679) was submitted by Mike Roetzel on behalf of Buddy Peoples for property located at 28h Court. The request is to vacate the undeveloped street right of way for 28 h Court located west of Club Oak Drive within the Edge Hill Subdivision. This project was tabled at the October 25, 1999 Planning Commission Meeting in order to determine the actual grade of 28 " Court and to determine the existing access onto the adjacent property owner' s property. See the attached drawings for these findings. Recommendation : Approval of street right of way vacation subject to the following items: 1 . All easements shall be retained as requested by the City and utility companies. 2. A property line adjustment shall be processed in order to combine lots 20, 25 & 26 into one large lot. This is necessary in order to avoid the creation of tandem lots. Only one structure shall be permitted on this property which will be accessed from Club Oak Drive. Background: The applicant has submitted the adjacent property owner notification forms as required. One property owner, Mr. Frank Scott (owner of the property to the west) did object to the proposed vacation stating, "The elimination of the right of way for this street would seriously hinder possible future development of my property on the west, which could be served by this street." All other adjacent property owners stated that they had no objection to the proposed right of way vacation. After the October 25, 1999 Planning Commission meeting, staff received a copy of Mr. Scott' s property description. This deed description was used to create several maps as requested by the Commission. Maps included with this report indicate that the Scott property is immediately adjacent to approximately 278' of City right of way for Ravenwsood Drive located at the northeast corner of the property. This property also has access along the western property line to undeveloped City right of way for Peach Street (approx. 30'). VA 9943.00 • Page 2 Also included with this staff report is a memo dated February 26, 199 from the City Engineering Division which provides examples of approximate street grades within the City of Fayetteville. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric - No service in area. Southwestern Electric Power Company - No objections provided that a 15 ' Utility Easement be provided from Lots 21 -25 to Lots 20-26. Arkansas Western Gas - No objections provided that a 25 ' Utility Easement be provided for all existing gas lines. SW Bell - No objections provided that a utility easement 7 .5 ' in wide be provided at the rear lot line of Lots 20, 21 , 25 , and 26. TCA Cable - No objections provided that a 15 ' Utility Easement remains in the rear of and between Lots 20 and 21 . City of Fayetteville : Water/Sewer - No objections provided that any water and/or sewer plans for Lots 25 and 26 must be approved prior to installation. These may require a public utility easement and/or water/sewer extensions. Street Department - No objections. Solid Waste - No objections. PLANNING COMMISSION ACTION: Yes Required Approved Denied Date: 11/08/99 Comments: CITY COUNCIL ACTION : yes Required Approved Denied Date: / / •* FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501 -575-8264 ENGINEERING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM : Ron Petrie P.E., Staff Engineer THRU : Tim Conklin, Planning Director DATE: November 8, 1999 SUBJECT: Street Right-of-Way Vacation (VA 99- 13 .00) Upon request by the Planning Commissioners present at the November 4, 1999 Agenda Session, the following information is offered for this right-of-way vacation: According to as-built plans, the steepest grade on the reconstructed portion of 24" Street is 15 .80%. This grade is shown to extend for approximately 400 feet. The Minimum Street Standards that were adopted by the City Council on August 6, 1996 states, "The maximum allowable grade for local streets shall be 10 percent with a provision for a 15 percent grade for a maximum distance of 300 feet in the case of hilly terrain. " Based upon the fact that access to Mr. Scott's property can be obtained from existing right-of-way at areas which do not exceed the maximum allowable slope, the Engineering Department does not object to this proposed vacation. FAYETTEVILLE TNF CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To : Alett Little , Planning Management Director From : Jim Beavers , Engineering Date : 26 Feb 96 Re : street slopes The following street slopes /grades are furnished as requested . Please note that the slopes are approximate and are based upon topographic maps , and not as - builts or surveys . Thus the slopes listed are slightly greater than actual slopes . street average slope maximum slope Township 9 % 13 ( N . College to Jimmie ) Ash 5 . 5 12 . 5 ( east of N . College ) - North Street 8 % 14 . 3 ( N . College to Hillcrest ) Rockwood Trail 8 . 5 16 . 5 ( western half ) Rogers Drive 12 . 5 16 ( south from Southern Heights ) Center Street 5 . 4 11 . 5 ( west of Schhol St . ) Dickson Street 7 . 2 13 . 8 ( east of N . College ) Meandering Way 9 .. 3 13 . 5 Victoria Way 11 14 . 4 Marvin Gardens 10 15 (proposed ) Cleveland 7 10 . 4 ( west of Razorback ) Rock Street 10 . 2 12 Woolsey 11 . 3 20 Sunset Drive 10 . 5 20 Ruth 16 20 Anson 9 20 ( western half ) Arlington Terrace 18 23 ( west face ) Sycamore 9 13 ( Gregg to Woolsey ) Maple Street 6 8 ( east face ) Maple Street 10 13 ( west face ) 0' 0` Street Profile 28th Court 120 100 i 0 80 00 00 0 o M w O O O 0+ CD m %0 0+00 1+00 2+00 3+00 1loa � z - I 5p , ✓F_ rz T �p � VA99 - 1100 - Peoples - One Mile Diameter ILI 41 ¢ R-2 G2 R-2 I'1 R-2 OONE P n 2 ^ A-1 R-1 1 PETIIGREW O I1 w i F a 2 z i w 20TH C-1 Gt R-1N R-2 g td R-1.5 U R-2 C.m R-2 Ii R-1 p -1 2 R-1 .1 e 2 22N0 PUMP STATION b 11 p Z R_t j G2 A-1 42 1 O U Y 0 3 G2 R-1 t KYLE LAURA LEE I-1 G2 w 41 OREM G2 Z a G R-2 R-2 R-2 0 c 41 G R-2 a R-2 n 1-1 c R-1 m 1 R. Qk y�c'h R"1 3L� m O R-1 R-1 G2 R OUry�YQ " R-2 r/ w to be vacated R1 G _ R-1 A.i G2 K Al G2 R- R•1 SUNRMF MM G2 G2 G2 a 44t,/Y, A-1 A-1 1400 0 1400 Feet N E 0• 00 VA99 - 13 . 00 - Peoples - Close Up 152 24 153 R-1 2 R-1 23 R-1 r 1 O 22 R-1 3 R-1 R-1 R-1 4 15 R-1 25 21 5 28SH 11W to be vacated R_ 1 20 26 R-1 6 R-1 R-1 R-1 19 7 17 R-1 R-1 1 N 100 0 100 Feet W�* E VA99 - 13 , 00 - Peoples - Supplementary o _ n � .IN I ank � 's Q • i� M T h s h f s 5 h w n �5 w D p N 300 0 300 Feet E Adak AdIbh YA99 - 13 . 00 - PeAples - Suppleme*tary Drawing Grass LL 0 N K • City of Fayetteville ROW 278.3 Ft. . 5...:5.5.5. ti.ti.1. —Siti•�.�-+„—�-..�5• ,.,.s•i..•.r.:.r.:.•._�.�r.r.:.r.:.:.:.r.r.:.:.i.r : r.:.. ,;.�•r-•-•--•-•-_-�._ • .s .5.1.5.5.5 t.ti.yyti.1..,.y.l�tifti.,ljtifti•,ti•,ti.M••,•.• P • IrRavenswood Frank Scott Property Line O a U R- 1 R-1 24 R-1 N 100 0 100 Feet N VA99 - 13 . 00 - Peoples - Supplementary u � o O0 � Street ROW - Undeveloped Li PEACH 3c' � z O 0 2 3TER Frank Scott Property d I N 200 0 200 Feet E Planning Commission Minutes November 8, 1999 Page 3 VA99-13: VACATION PEOPLES, PP679 This item was submitted by Mike Roetzel on behalf of Buddy Peoples for property located at 28th Court. The request is to vacate the undeveloped street right of way for 28th Court located west of Club Oak Drive within Edge Hill Subdivision. Buddy Peoples was present on behalf of the request. Staff Recommendation Staff recommends approval of the street right of way vacation subject to the following items: I . All easements shall be retained as requested by the City and utility companies. 2. A property line adjustment shall be processed in order to combine lots 20, 25 & 26 into one large lot. This is necessary in order to avoid the creation of tandem lots. Only one structure shall be permitted on this property which will be accessed from Club Oak Drive. Commission Discussion Johnson: This is an item of old business. We looked at this at our last meeting and we asked that staff give us some more information. Conklin: At the last meeting, staff was asked to look at Mr. Scott' s property and determine where he has public access. He has 278 feet of frontage along Ravenswood Drive on the northeast comer of property. The property also has access along the western property line to undeveloped city right of way for Peach Street which is approximately 30 feet wide. Petrie: We have received a revised profile of the street which is proposed to be vacated. This was done by Jorgensen and Associates and shows the grade to be approximately 20% instead of the 40% that was shown on the profile included as part of a prior vacation request. I have included a memo of some items that were requested at the agenda session which was distributed tonight. This provided the grade for 24th Street which is shown to be 15 .8% for a distance of approximately 400 feet. I have restated the minimum street standard which states: "The maximum allowable grade for local streets shall be 10% with a provision for a 15% grade for a maximum distance of 300 feet in the case of hilly terrain." Another item that was added on pages 2.3 and 2.4, is a memo from Jim Beavers that lists several streets in Fayetteville and what there maximum and average grades are. Planning Commission Minutes November 8, 1999 Page 4 Johnson: Page 2.4 is the listing of the maximum grades of existing streets. Under the current minimum streets standards, the maximum the City would allow is a 15% grade. Petrie: That is correct. Johnson: The City wouldn't allow a street to built where Rockwood Trails is now or where Rogers Drive is or several other streets exceeding 15%. Petrie: Only if a request was made by the applicant for a waiver of that requirement. These streets that are listed over 15%, to my knowledge, were built prior to the adoption of the minimum street standards. Johnson: I had a phone call today from an adjacent property owner who opposed the vacation of the right of way. Hoffman: If the property to the west of this were developed, could the street be regraded to meet our street standards if it were needed for a connection? Could 28th Street be regraded in the process of developing this property? Petrie: The problem with that is it continues down. You couldn't raise just one section without having to fill the entire road bed. Johnson: On page 2.9, it looks conceivable you might have a steep section and then veer to the north northwest, it might hit a contour which could be followed. Is that possible? Could the steepest part of the slope be avoided? Petrie: That is true. But, the problem is that the 20% grade on this property runs a distance of over 150 feet. That would make it 7.5 feet higher than what is existing now. You would have to make up 7.5 feet to some point that would make it viable to construct houses. Without getting the exact plan on how this is going to be developed, it is hard to be certain. Johnson: If you were sitting in a different chair and you were representing a developer, would it be likely you could come up with a feasible plan that you might try to persuade the Commission that this property could be developed. Petrie: If I was the engineer developing, I would take a much different approach and eliminate a street at this location. I don't think I would want to have to build that. Marr: On page 2.6, the 20% on this chart, is that the average slope or the maximum slope?