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HomeMy WebLinkAbout55-92 RESOLUTION• i'7" ' rECORO 99 JUN IP API 11 26 w-sr.t...-N GO AR A grIIMEYED RESOLUTION NO. 55-92 A RESOLUTION APPROVING A REQUEST FROM MR. JOHN MCDONNELL FOR WATER SERVICE ON HIS PROPERTY LOCATED ON HIGHWAY 45 EAST UPON PROVIDING THE CITY AN ANNEXATION CERTIFICATE AND A WAIVER FROM THE WHITE RIVER RURAL WATER AUTHORITY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby approves the request from Mr. John McDonnell for water service on his property located on Highway 45 East upon providing an annexation certificate and a waiver from the White River Rural Water Authority. A copy of the annexation certificate and waiver are attached hereto marked and made a part hereof. PASSED AND APPROVED this _2th. day of April s 1992. APPROVED: ,• , By: May 17/dietAr /MUT: t: .0 A lhp a 11 71)." • ••• 1 yos It: City Clork .• •) , ••• bm•J•••• ••iiiiiii 16 94035439 ne Cott. 4,I1E ,,,vw cefi • . sEc.jtja nen, R-2944/ Achy . .34,7/7-A4R- 29-m/ E39: 4 Inas! 'W dr 3/2.74• 337.9d • -7213.3.9° Mow& goo., rfAcrisz (4% 64fltw o ta° S-1674o:Alts4 0 reAcrgez 4 el % 4) 0 rad rail • 94,3 Alej‘tiparkfte N- , it ter slice tie s Ziattf- I, a ee tile %tit 4 if16 11# itur 1° ‘• A • e.7 -4o).• cc 1.4A, c • :Row tiff r TRACT 01 A part of the YOk of the Nli of Seetion 54, Manakin 17 North, Range 29 West, Wastington County Arkansas and being mon partimlarly &earthed as beginring at ths NWCorner of said LC acre tract; thence South, 576.22 feet to the centerline of Nay. 145; thane along said centerline $476.4570-0414, 157.77feet; theme 3 -870 -00' -34" -No 181.46 feet; thence N-40-45'41, along the oentsrline of a 50 foot egress and ingress easement, 120.0 feet to the center of a 50 :cot radius ce1-44-eas; thence North, 500.65 feet to the North line of 40 tore tract; thence Re4$P-35"-11, 525.17 feet to the point of beginning and 4:retain 4.55 acres sere or less and object to the right of WY of aiShoo7 645 and subject to 1/2 of the egress and ingress easement and that part of the cul-de-sac lying within the above description. TRACT 02 A part of the filk of the Me of Section 54. Township 17 North, Range 29 West, Washington County Arkansas and being mars particularly described as beginning at A point Sime9°-481-35°63, 525.17 feet from the NW Corner of said 40 acre tract; thence South, 500.45 feet to the 'enter of a 50 foot radius cul -di -ac; thence 5-4°-45'-Z, along the center of a 50 foot egress and ingress easements 120.0 feet to the center- lin.mof NW. 045; thence along said centerline N.46.4010 -147-N, 224491 feet; thence N445--591-491-1, 94.54 feet; thence leaving ssid centerline North, 594.6 feet to the North lin of 40 acre tract; thence 1-690-48145•411 528.59 feet to the point ef beginning and containing 4.55 acres mon or less snd subject to the right of way of Nignay 1045 and mubject to 1/2 of the egress and ingress esament and that part of the md-de-eac lYing within the above description. twmfer 05 A part of the SW& of the Rik of Section 54, Township 17 North, Range 29 West, Washintgon County Arkansas mad being more particularly described as *pinning at a Point S-0942-1.01-.35114, 653.56 feet :rim the NilCorner of said 40 acre trent; thence South. 596.4 feet to the centerline of Ihd. 145; thence N.S50-591-4911411 along said centerline. 141.0 feet; thence 447°41414561,46 255.34 feet; thence North, along the centerline of a 5C foet egress and ingress nament, 70.0 feet; thence N-OLN, An* maid easement centerline, 150.0 fest to the center of a 50 foot radius cul-demsac; thence North, 405.25 tett to the North line of 40 sore tract; thence N -S9044;11 -350-w, 312474 feet to the point of beg/11,0m and containing 4.50 acres non or less and subJect to the right of way of Highway 414, and subject to 1/2 of the egress end inm Snag sesement and that part of the cul-de-sac lying within the above description. WALT 04 A part of the atii of the NM of Section 344 Township 17 North, Range 29 West, Washington County Arkansas. And being mon particularly described as beginiung at a Point 0-19°48155"4, 966.3 fon from the Nd Corner of said 40 acre tract; thence South, 405.25 :Alt to the center of a 50 foot radius cul-de-sac; thence 8 -37o -S, along the centerline of • 50 foot egress and ingress easement, 150.0 feet; thence South, slung said easement centerline, 70.0 feet to the centerline of Ray. 045; thence along said centerline, 45.4 feet; thence S-75°-151-14°-16 74.8 fog thence S410471-14146 55.2d feet; thence S -403O-40,4094411, 44.43 feet; thence .1-45°-446'-46°-3, 45.54 feet to the Nast line of 40 sore tract; thence North 475.72 feet to the NE Corner thereof; thence 1619°441-331-14 337.96 feet tc the point of beginning and containing 4.43 acres nore or less and subject to the right of way of leeway 045 and subject to 1/2 of the egress and ingress easement and that Fart of the cul-de-sac lying Atkin the above description. 1 1, Mme Katy etriuIt Oen ord ftuathclo Rterreior far Washington Camap. Alters:rt, e0 ke-ebv criiv gat phis th. irruthere was f, ••• • • d in my :Mai 'ne MSS here,- snd the en. El�l now ,occoSe-1%,(1th "n acknow end Ca ""cato tb.. Lri aecord Book arc RV* Os ind ccre "lever. IN W77......c WICZZY, 1 lhove hateunle UPI my hano and mec su I of told Couri on the dole .nclioaisd harms. Alma tallow/or Ctrcu i Clark and by a WHITE RIVER RURAL WATER ASSOCIATION P.O, BOX 801 • PHONE: 756-6945 SPRINGDALE, ARKANSAS 72765 5/2/88 TO WHOM 17 MAY CONCERN: WhZit Rives Rwiat ItlateA dote heiteby neleset its Rights to eleAvae the Staughten Mountain Mea :auk :oaten. A se' atit Leal ettee Manages 4.01 AGENDA REOUEST DATE OF BOARD MEETING April 7tb. 1992 PROM: Donald R. Bunn Engineering Public Works Name Division Department BOARD ACTION REQUESTED: Approval of a reauest for water service Int John McDonnell COST TO CITY: Cost of this Request % Completed Budgeted Amount Account Name Funds used to date Account Number BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Assistant City Manager_ CONTRACT/LEASE/GRANT APPLICATION REVIEW: Accounting Supervisor Budget Coordinator City Attorney Internal Auditor Purchasing Officer ====-= STAPP RECOMMENDATION: Staff does not have a recommendation on this item .1.45-ers Divis n Head Dace March 19th. 1992 Dep$eJ, Head d2.3mar Adniiifstrtive Services Director Date City Manager Date T FAITT14'Ni 1 THE CT' Of FAYETTEVILLE ASKANSAS AI, DEPARTMENTAL CORRESPONDENCE • TO: Fayetteville City Board of Directors TRW: Scott Linebaugh, City Manager Kevin Crosson, Public Works Director/10( FROM: City Engineer)0410L. SUBJECT: Request for Water Service, Highway 45 East White River Rural Water Service Area John McDonnell DATR: March 16, 1992 Attached is a letter from Jim Lindsey and John McDonnell requesting that the City consider the extension of water to serve certain property owned by John McDonnell. Mr. McDonnell has approximately 17.3 acres of land that he wishes to divide into 4 tracts. Attached is a plat showing where the property is located and where our water lines are in relation to the property along with the Growth Area Boundary and our water service boundary. Also attached are minutes of the Board of Directors Meeting of June 7th, 1988. As shown by the plat, the property in question is about one- half mile east of the present Growth Area boundary and is adjacent to the Goshen City Limits on the east side. The Renager development is almost directly south of the subject property and has had city water since 1977. The property immediately to the west of the McDonnell tract was owned by Mary Joiner in 1988. At that time Mrs. Joiner requested water service from the City of Fayetteville for her property. She asked for three (3) taps for her property and also requested that an additional tap be made available for her neighbor to the east. At the Board of Directors Meeting of June 7th, 1988 the Board approved a total of three (3) water taps for Mrs Joiner without specifically approving a tap for her neighbor to the east. There are no technical reasons why the City could not serve theproperty with water, even with the possibility of having 4 lots created. The waterline would have to be extended from the west along Highway 45 or from the Reneger development to the south at Mr. McDonnell's expense. 4.G2 • 4.03 • • • ARCI-CrUREANDCONSTRUCIONVIANAOCMCNT FUGITT AND ASSOCIATES ARCHITECTS Inc SOX 1SOA wAYET 'EVI..L.E. ARKANSAS 72701 February 20, 1992 Mr. Don Bunn City Engineer Fayetteville City Admin. Bldg. 113 W. Mountain Fayetteville, AR 72701 Re: Proposed water to John McDonnell property Dear Don: vriflokON! !C 511410,1 .7 • r .1 Please accept this letter to serve as official request that Fayetteville city water be extended east to the subject property to serve a maximum of four residential building sites. As there is no other public water system available and underground water in that area is so poor, we can only look to you to provide us with good quality water. If possible we would prefer adequate water to all four building sites, or as an option, a line of adequate size extended to the nearest point on the property. Thank you for your time and consideration of this request especially viewing the fact that you are not obligated to do so. Sincerely, • • • • 4 . 0 5 June 7, 1988 2:3.1 running at large within the City. She said this would protect private citizens who place at large anirals in the Animal Shelter. The City Attorney read the ordinance for the first time. Director Marinoni, seconded by Martin, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Marinoni, seconded by Martin. made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the third and final time. 213.2 Director Marinoni asked if there had been any input from citizens on the ordinance, commenting that he could see this might be a little bit controversial. City Attorney McCord said this was mainly a "housekeeping" item because of concern expressed by litigation and a court decision in another jurisdiction where the local ordinance did not expressly authorize the "pound" to accept animals from a citizen, as opposed to the animal control officer. He said in his view it was noncontroversial. City Manager Pennington said the ordinance would make legal what is currently in practice. • 213.3 1 upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3353 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK WATER ASSOCIATION CHANGE 213.4 The Mayor introduced a resolution authorizing an amendment to the City's existing water purchase contract with the Mt. Olive Water Association, allowing them an additional water metering point and increasing the amount of water they can take from the City system from 300 gallons per minutes to 450 gallons per minute. She said the City Engineer recommended approval. 213.5 Director Lancaster, seconded by Martin, moved the resolution be approved. Upon roll call, the motion peened, 6-0. RESOLUTION NO. 44-88 APPEARS ON PAGE CF ORD:NANCE AND RESOLUTION BOOK WATER SERVICE EXTENSION 213.6 The Mayor introduced a request to extend water service to property located north of Highway 45 East and east of the City's Growth Area. She said the City Engineer recommended approval. She said Ms. Sugg was present representing the petitioner, Mary Joiner. 213-7 The Mayor asked if the property was in the Growth Area. The City Manager replied that it was not. Director Lancaster said he had reservations About the City extending water outside of its Growth Area, unless the area would be 1 4111WISIMMem • 4.06 14 June 7, 1988 released to be included in the City's Growth Area. Lancaster said, although 214.1 the White River Water District has signed a release, there was no way the district could provide the service. Lancaster said he checked with the people who were involved when Goshen was incorporated, because he knew some kind of deal had been made at the time. He said those people told him the deal was that the City would not oPPose Goshen incorporating up to where they were, but if anytime in the future Fayetteville ever petitioned the area to come into the City or our Growth Area, this area would be considered to be Fayetteville's Growth Area, that Goshen at that time relinquished any hope on the area. He said if there is any problem, a release should be obtained from the Goshen City Council. He said sometIme in the future the whale area will build up and could create a problem for Fayetteville if it's left in limbo. Director Martin asked if the release from the White River Rural Water Association was perhaps the equivalent of the Fayetteville Water Department for the City of Goshen. Lancaster said in his opinion Mrs. Joiner couldn't get water from that Association. Director Martin pointed out that the property owner's well is dry and Fayetteville's water line can go right to their property. Lancaster said he had no objections to giving them water but thought the issue was whether they were in Fayetteville's Growth Area or will remain in Goshen's territory, if Fayetteville builds a water line in Goshen's territory. Director Martin asked if Goshen had a fire department in Fayetteville'. Growth Area. He asked if it wasn't true Fayetteville wouldn't send its fire trucks outside its city limits. The Mayor said Fayetteville had a mutual aid agreement with Goshen because they have their own fire department. Martin said he thought the issue had grown to proportions that he did not understand. The Mayor said she thought it was a question of territorial planning jurisdictions. The City Attorney clarified that the property was located in the Goshen planning area. He said there was an agreement reached when Goshen was incorporated specifying the boundary line for each community's extraterritorial planning jurisdiction. The Mayor asked if those areas were adjacent to each other. 214.2 214.3 214.4 214.5 The City Attorney said there was a difference between land use planning, 214.6 subdivision regulation and water service. He said the Joiner property was in the ext itorial planning fiurisdiction of Goshen which is for land development regulations, not necessarily for water service. Director Hess said he was not really interested with what happened with Goshen 214.7 before his time. He said in general he would approve of extending water service to Mrs. Joiner, but saw a danger in that Fayetteville does not really have an established policy for water extension. He said if the city grants city services beyond its boundaries then the benefits of living in the city become diminished. 215 . 215.1 1 4 . C 7 June 7, 1968 Director Lancaster said he would like Goshen to release the area first because he feared that ten years from now Goshen would decide to annex the territory with Fayetteville's water line located in Goshen's territory. Lancaster said he'd like to table the issue and have Ks. Joiner check with Goshen or City Attorney McCOrd to be sure we were legal. The City Attorney said the fact that the property is in the extraterritorial planning jurisdiction of another municipality does not preclude it being annexed to the City of Fayetteville, at such time as it ever becomes contiguous to Fayetteville. 215.2 City Manager Pennington said the issue before the Board was a water service extension policy. He said, as long as we have the service available, we should provide it; however, there comes a point when we have to look at protecting Fayetteville for its future growth. Pennington recommended a policy in the future whereby a water service agreement would be developed for water service extension cases outside the City; and as part of that agreement, if and when the City becomes contiguous to the property, the owner of the land at the time would petition for annexation for the privilege of using the water. Pennington recommended Ms. Joiner's request be granted with the conditions he outlined. 215.3 Ann Sugg said she was a realtor with Bryce Davis and Company and was present to represent Ms. Joiner. She explained Dr. Painter was a potential purchaser of the property (12 1/2 acres) who would probably build one home. She said the property had a long area of highway frontage and could lend itself to two home sites. She said Painter wishes to have the option to sell off a portion of the property in the future. She said the water would probably have to be taken across the property of the neighbor to the west and they would like the option of offering that neighbor a water tap. She said the water will have to go under the highway. She said there was no intention at this time to develop a subdivision. She said the well on the property is not usable, and there is a house on the property owned by Ks. Joiner but which has been rented and tenants carried their water from town. In answer to a question from the Mayor, Ks. Sugg said she had no problem with the recommendation made by the City Manager. 215.4 Director Martin, seconded by Kelley, made a motion that city water be extended to no more than three taps on the defined property, subject to an agreement that the property will be annexed to the City of Fayetteville if and when the City limits ever became contiguous to the property. 215.5 Martin said the intent of his motion was to preclude any subdivision but allow for two additional developments. Pennington said he had no problem with that. It was clarified for Ks. Sugg that the motion would not allow three taps for the Joiner property and an additional tap for the neighbor, but would only allow a total of three tape. Director Martin added that the intent of his motion was that there would be no cost to the City. Upon roll call, the motion pamsed, 215.6 Mayor johns= asked if Director Lancaster wanted a motion to approach the City of Goshen to change their boundaries. Lancaster said h. thought we should do that. The Mayor asked if the City Manager would look into that suggestion.