HomeMy WebLinkAbout76-06 RESOLUTIONRESOLUTION NO. 76-06
A RESOLUTION TO ALLOW EXTENSION OF SEWER SERVICE
OUTSIDE THE CITY'S CORPORATE LIMITS ON A 23 ACRE
PARCEL ON LIERLY LANE ADJACENT TO THE CITY LIMITS
WHEREAS, § 51.113 (c) Sewer connections outside the city states that "the city's
sewerage system shall not be extended outside the city's corporate limits except on express
approval of the City Council"; and
WHEREAS, applicant Blind Squirrel:LLC has requested that the City Council grant its
express approval to allow extension of City Sewer mains at the applicant's expense to access its
23 acre parcel south of Lierly Lane and adjacent to the City's corporate limits the legal
description to such property being attached hereto as Exhibit A (the "Property"); and
WHEREAS, applicant has agreed that as a condition of granting this extension of sewer
service, the 23 acre parcel will be developed in accordance with the terms and condition of that
certain Annexation Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas, a
copy which is attached hereto as Exhibit B (the "Contract"); and
WHEREAS, the City's sewer service to the Property shall be allowed regardless of
whether annexation of the Property into the City is approved or denied by the City Council; and
WHEREAS, the applicant has agreed to petition for annexation into the City of
Fayetteville in the manner described in the Contract; and
WHEREAS, the applicant agrees that any impact fees (now including water, sewer, fire,
police, and parks land) including future enacted impact fees if in existence when development
occurs shall be paid as if the parcel was within the city limits, and other fees will be paid at the
time of final plat approval The parks fee shall be set at the preliminary plat rate.
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 approves a
resolution to allow extension of sewer service outside the City's corporate limits on a 23 -acre
parcel owned by the applicant Blind Squirrel, LLC south of Lierly Lane, adjacent to the City's
corporate limits the legal description to such property being attached hereto as Exhibit A (the
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"Property"), conditional upon the applicant or any successor in interest fully complying with and
completing all offered conditions as shown in the Whereas clauses of this Resolution
PASSED and APPROVED this 18th day of April, 2006.
APPROV gyp: ATTEST:
By:
DAN COO P , ayor
1CRV• TR ...,
��• G\1Y Oc •G•^,
=U• •11.
E :FAYETTEVILLE:
17.11,QKANS*Jam;
SONDRA SMITH, City Clerk
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EXHIBIT "A"
SURVEY DESCRIPTION OF PROPOSED LIERLY LANE SUBDIVISION:
PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND PART OF THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID
SW 1/4 OF THE NE1/4; THENCE S02°22'20"W 31.51 FEET TO A FOUND IRON PIN AND
THE POINT OF BEGINNING; THENCE S87°33'23"E 85.02 FEET; THENCE NO2°3329"E
31.70 FEET; THENCE S87°40'49"E 258.04 FEET; THENCE S87°38'53"E 308.06 FEET;
THENCE S02°23'57"W 1538.07 FEET; THENCE N87°36'49"W 653.30 FEET; THENCE
NO3°05159"E 220.99 FEET; THENCE NO2°2220"E 1285.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
•
K:\Cm' COUNCIL AGENDA REQUESTS 2006 Agana Raluc Z3Npri118. 2006Utwlution for eatassion of service owsNc city limits (L'vly Lmc).Eoc 3
EXHIBIT "B"
ANNEXATION AGREEMENT FOR SEWER ON
LIERLY LANE FOR THE CITY OF FAYETTEVILLE, ARKANSAS
For the purpose of attempting to obtain approval of a request for a Variance to the City of
Fayetteville City Sewer Ordinance (the "Ordinance"), Blind Squirrel, LLC, an Arkansas limited
liability company (the "Petitioner") being the current owner and developer of that certain real
property and improvements thereon located in Washington County, Arkansas and more
particularly described on Exhibit A attached hereto (the "Property"), hereby voluntarily enters
into, executes and delivers to the City of Fayetteville, Arkansas ("Fayetteville") this Annexation
Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas (the "Agreement")
for the purpose of being legally bound hereto in accordance with its terms and conditions.
In exchange for Fayetteville irrevocably granting and conveying to Petitioner, its
successors and assigns (collectively, the Owner") a Variance to the Ordinance in such order as
permits and provides that the Property shall be consistently tied on to, connected to and have the
irrevocable right to use, the Fayetteville sewer system and related services thereto, the Petitioner
expressly grants to Fayetteville the right to enforce any and all of the terms of this Agreement in
the Circuit Court of Washington County, Arkansas and agrees that if Owner or Owner's
successors or assigns violate any term of this Agreement, substantial irreparable damage
justifying injunctive relief will have been done to Fayetteville and its citizens. The Petitioner
acknowledges that the Fayetteville City Council will reasonably rely upon all of the terms and
conditions within this Agreement in considering whether to approve Petitioner's request for a
Variance to the City Sewer Ordinance in such order as permits and provides that the Property
shall be consistently tied on to, connected to and have the irrevocable right to use, the
Fayetteville sewer system and related services thereto.
Subject to the terms and conditions of this Agreement and specifically provided that no
later than April 30, 2006 the Fayetteville City Council approves Petitioner's Variance to the
Ordinance in such order as permits and provides that the Property shall be consistently tied on to,
connected to and have the irrevocable right to use, the Fayetteville sewer system and related
services thereto, Petitioner hereby covenants and assures Fayetteville that the Owner shall be
responsible for the following items and the Property shall be restricted in the following manner:
1. All fees and charges will be paid in full as if the subdivision developed within the
Property were within Fayetteville, Arkansas. With respect to each separate lot within the
subdivision located within the Property all of such fees and charges will be paid in accordance
with the following current fee schedules:
Impact Fees
Fire & Police Fees
Parks Fees
Building Permits
As water meters are set
At issuance of Certificate of
Occupancy
At Time of Annexation
As Construction progresses in the regular
manner required by Fayetteville.
K:ICITY COUNCIL AGENDA REQIIESfS12006 Agenda Requests Aril 18.2006UtaoMion for envision of service outside chy Emus (Lierly Iane).dic
4
2. The Property shall be zoned as a modified RSF-4 with de -facto conditional uses
allowing 16 duplexes on the lots shown on Exhibit'B attached hereto. The development on the
Property will consist of 16 duplexes and 43 single-family units. Lot Lines will be adjusted from
the current plan to meet City minimums.
Owner will file for annexation within five days of the passage of the resolution.
4. Immediately upon passage of the resolution approving this Agreement and the
Fayetteville City Council approving Petitioner's Variance to the Ordinance in such order as
permits and provides that the Property shall be consistently tied on to, connected to and have the
irrevocable right to use, the Fayetteville sewer system and related services thereto, and Owner
completing its site work on the Property, Owner shall have all rights and privileges to, and shall
be fully authorized to, commence any and all building and residential construction within the
subdivision on the Property. All such construction will be to the regular and customary standards
of Fayetteville and shall be subject to fair and customary inspection if such is determined, in
good faith by Fayetteville, to be necessary and appropriate.
5. Notwithstanding anything contained in this Agreement to the contrary, the
issuance and approval of the final plat of the development of the Property shall not be adversely
affected, in any manner by, or withheld, delayed or conditioned in any manner whatsoever, as a
result of the annexation of the Property into Fayetteville.
6. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Agreement shall be filed for record in the Washington County
Circuit Clerk's office after Petitioner's Variance is approved and effective in the manner
described in this Agreement and, provided such approval and effectiveness is obtained, shall be
noted on any Final Plat or Large Scale Development which includes some or all of the Property.
7. This Agreement, and all of its terms and conditions, shall terminate automatically
and without any act or deed, if prior to May 1, 2006, the Fayetteville City Council does not
approve Petitioner's Variance to the Ordinance in such order as permits and provides that the
Property shall be consistently tied on to, connected to and have the irrevocable right to use, the
Fayetteville sewer system and related services thereto.
[Remainder of Page Intentionally Blank, Signatures on Following Page]
K:\CITY COUNCIL AGENDA REQUESTS\2006 Agenda Rcquan Apnl 18.2006\Rcsolul ion far onmsioo of scrvicc owidc my limits (Lich I a e).duc
5
In Witness Whereof and in agreement with all the terms and conditions stated in
this Agreement, Blind Squirrel, LLC, as the owner and developer of the Property voluntarily
offer all such assurances and signs its name below.
BLIND SQUIRREL, LLC
By:
ACKNOWLEDGEMENT
STATE OF ARKANSAS
) ss.
COUNTY OF WASHINGTON
u,-
And now on this the -304i 04i day of / c r1 , 2006, appeared before me,
foto_ 7t N, sato,* and after being placed upon his/her oath swore or affmled that
he/she agreed with the terms of the Annexation Agreement for Sewer on Lierly Lane for the City
of Fayetteville, Arkansas and signed hi/her name above.
My Commission Expires:
2-) 7- a Pog
Notary Public
OFFICIAL SEAL„
CHLKITCHEN
NotaryPubIRIST' C, State. of Arkansas
County of Washington
1712008
My Commission Ex t
operet
ILICITY COUNCIL AGENDA REQUESTS\2006 Agenda RequoisApril 18,200(Mesalutionforenmsion Of service music city limits (Lierly Lene)doc 6
SURVEY DESCRIPTION OF PROPOSED. LIERLY LANE SUBDIVISION:
PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND PART OF THE NORTHWEST 1/4
OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID SW1/4 OF THE
NE1/4; THENCE S02°22'20"W 31.51 FEET TO A FOUND IRON PIN AND THE POINT OF
BEGINNING; THENCE S87°3323"E 85.02 FEET; THENCE NO2°33'29"E 31.70 FEET; THENCE
S87°40'49"E 258.04 FEET; THENCE S87°38'53"E 308.06 FEET; THENCE S02°23'57"W 1538.07
FEET; THENCE N87°36'49"W 653.30 FEET; THENCE NO3°05'59"E 220.99 FEET; THENCE
NO2°22'20"E 1285.00 FEET TO THE POINT OF BEGINNING, CONTAINING 22.92 ACRES, MORE
OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD
OR FACT.
Tim Conklin
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
18 -Apr -06
City Council Meeting Date
Planning & Development Mgmt.
Division
Action Required:
&/61,,//
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(/761 S wrril1
LSC
korai-
Operations
Department
Action Required: A Resolution to allow extension of sewer service outside the City's Corporate Limits on a 23 acre
parcel on Lierly Lane adjacent to the City Limits.
N/A
Cost of this request
N/A
Account Number
Project Number
Budgeted Item
Category/Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
a( q IS (0C
City Attorney
Financts and Internal Service Director Date
Ma
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
Theevll1e
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
TO: Mayor Dan Coody
Fayetteville City Council
THROUGH: Gary Dumas, Operations Director
FROM: Tim Conklin, Planning and Development Management Director
DATE: March 31, 2006
SUBJECT: A Resolution To Allow Extension Of Sewer Service Outside The City's
Corporate Limits On A 23 -Acre Parcel On Lierly Lane Adjacent To
The City Limits
RECOMMENDATION
Staff recommends approval of the request to allow extension of sewer service outside the
City's corporate limits on a 23 -acre parcel known as Lierly Lane Subdivision located on
Lierly Lane, adjacent to the city limits subject to the annexation agreement marked as
Exhibit "B". The Fayetteville Sewer Committee recommended this extension by a vote
of 3-1.
BACKGROUND
The Fayetteville Planning Commission approved a preliminary plat for Lierly Lane
Subdivision (59 lots) on July 11, 2005 within the Fayetteville Planning Area and adjacent
to the City limits. At the time of plat approval, the applicant had proposed and designed a
decentralized sewer system to serve the 59 -lot development. At the time of platting, the
staff report indicated single family homes to be built within the development.
The applicant has agreed to annex, pay impact fees, and develop in accordance with all
City Unified Development ordinance requirements based on the development being in the
City. The development is at a construction stage that requires the applicant to move
forward with a decentralized sewer system or sewer prior to annexation.
The applicant is requesting zoning and conditional use approval, if annexed by City
Council, to allow 16 lots be developed with duplexes and 43 lots be developed with
single family homes.
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§51.113 (c) of the Fayetteville Code of Ordinances states sewer connections shall not be •
extended outside the city's corporate limits except on express approval of the City
Council.
The applicant, Blind Squirrel, LLC, has requested City Council grant its express approval
to allow extension of sewer outside the City at the applicant's expense to access its
development prior to annexation.
The agreement requires the owner to file for annexation within five days if the resolution
is passed by City Council. In the event the annexation fails, this resolution will still allow
the right for this development to connect to City sewer.
BUDGET IMPACT
The applicant has agreed to pay for all associated infrastructure cost, impact fees, and
meet all city development requirements. This project will provide additional park fees
and police, fire, and sewer impact fees.
•
RESOLUTION NO.
A RESOLUTION TO ALLOW EXTENSION OF SEWER SERVICE
OUTSIDE THE CITY'S CORPORATE LIMITS ON A 23 ACRE
PARCEL ON LIERLY LANE ADJACENT TO THE CITY LIMITS
WHEREAS, §51.113 (c) Sewer connections outside the city states that "the city's
sewerage system shall not be extended outside the city's corporate limits except on express
approval of the City Council"; and
WHEREAS, applicant Blind Squirrel, LLC has requested that the City Council grant its
express approval to allow extension of City Sewer mains at the applicant's expense to access its
23 acre parcel south of Lierly Lane and adjacent to the City's corporate limits the legal
description to such property being attached hereto as Exhibit A (the "Property"); and
WHEREAS, applicant has agreed that as a condition of granting this extension of sewer
service, the 23 acre parcel will be developed in accordance with the terms and condition of that
certain Annexation Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas, a
copy which is attached hereto as Exhibit B (the "Contract"); and
WHEREAS, the City's sewer service to the Property shall be allowed regardless of
whether annexation of the Property into the City is approved or denied by the City Council; and
WHEREAS, the applicant has agreed to petition for annexation into the City of
Fayetteville in the manner described in the Contract; and
WHEREAS, the applicant agrees that any impact fees (now including water, sewer, fire,
police, and parks land) including future enacted impact fees if in existence when development
occurs shall be paid as if the parcel was within the city limits, and other fees will be paid at the
time of final plat approval. The parks fee shall be set at the preliminary plat rate.
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 approves a
resolution to allow extension of sewer service outside the City's corporate limits on a 23 -acre
parcel owned by the applicant Blind Squirrel, LLC south of Lierly Lane, adjacent to the City's
corporate limits the legal description to such property being attached hereto as Exhibit A (the
"Property"), conditional upon the applicant or any successor in interest fully complying with and
completing all offered conditions as shown in the Whereas clauses of this Resolution.
PASSED and APPROVED this day of , 2006.
APPROVED:
ATTEST.
By:
SONDRA SMITH, City Clerk
By:
DAN COODY, Mayor
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EXHIBIT "A"
SURVEY DESCRIPTION OF PROPOSED LIERLY LANE SUBDIVISION:
PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND PART OF THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID
SW 1/4 OF THE NE1/4; THENCE S02°22'20"W 31.51 FEET TO A FOUND IRON PIN AND
THE POINT OF BEGINNING; THENCE S87°33'23"E 85.02 FEET; THENCE NO2°33'29"E
31.70 FEET; THENCE S87°40'49"E 258.04 FEET; THENCE S87°38'53"E 308.06 FEET;
THENCE S02°23'57"W 1538.07 FEET; THENCE N87°36'49"W 653.30 FEET; THENCE
NO3°05'59"E 220.99 FEET; THENCE NO2°22'20"E 1285.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY
EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
K.\CITY COUNCIL AGENDA REQUESTS \2006 Agenda Requests\April IS.20°Wtaolmion 6r aIasionorsenice outside di); limiu(Lidy Lane) doc 3
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EXHIBIT "B"
ANNEXATION AGREEMENT FOR SEWER ON
LIERLY LANE FOR THE CITY OF FAYETTEVILLE, ARKANSAS
For the purpose of attempting to obtain approval of a request for a Variance to the City of
Fayetteville City Sewer Ordinance (the "Ordinance"), Blind Squirrel, LLC, an Arkansas limited
liability company (the "Petitioner") being the current owner and developer of that certain real
property and improvements thereon located in Washington County, Arkansas and more
particularly described on Exhibit A attached hereto (the "Property"), hereby voluntarily enters
into, executes and delivers to the City of Fayetteville, Arkansas ("Fayetteville") this Annexation
Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas (the "Agreement")
for the purpose of being legally bound hereto in accordance with its terms and conditions.
In exchange for Fayetteville irrevocably granting and conveying to Petitioner, its
successors and assigns (collectively, the Owner") a Variance to the Ordinance in such order as
permits and provides that the Property shall be consistently tied on to, connected to and have the
irrevocable right to use, the Fayetteville sewer system and related services thereto, the Petitioner
expressly grants to Fayetteville the right to enforce any and all of the terms of this Agreement in
the Circuit Court of Washington County, Arkansas and agrees that if Owner or Owner's
successors or assigns violate any term of this Agreement, substantial irreparable damage
justifying injunctive relief will have been done to Fayetteville and its citizens. The Petitioner
acknowledges that the Fayetteville City Council will reasonably rely upon all of the terms and
conditions within this Agreement in considering whether to approve Petitioner's request for a
Variance to the City Sewer Ordinance in such order as permits and provides that the Property
shall be consistently tied on to, connected to and have the irrevocable right to use, the
Fayetteville sewer system and related services thereto.
Subject to the terms and conditions of this Agreement and specifically provided that no
later than April 30, 2006 the Fayetteville City Council approves Petitioner's Variance to the
Ordinance in such order as permits and provides that the Property shall be consistently tied on to,
connected to and have the irrevocable right to use, the Fayetteville sewer system and related
services thereto, Petitioner hereby covenants and assures Fayetteville that the Owner shall be
responsible for the following items and the Property shall be restricted in the following manner:
1. All fees and charges will be paid in full as if the subdivision developed within the
Property were within Fayetteville, Arkansas. With respect to each separate lot within the
subdivision located within the Property all of such fees and charges will be paid in accordance
with the following current fee schedules:
Impact Fees
Fire & Police Fees
Parks Fees
Building Permits
As water meters are set
At issuance of Certificate of
Occupancy
At Time of Annexation
As Construction progresses in the regular
manner required by Fayetteville.
K: CITY COUNCIL AGENDA REQUEST 512006 Agenda RMusts\April 18. 20061R solution for stenion of service outside rity limits Qicrly Lanc) doc
4
2. The Property shall be zoned as a modified RSF-4 with de -facto conditional uses
allowing 16 duplexes on the lots shown on Exhibit B attached hereto. The development on the
Property will consist of 16 duplexes and 43 single-family units. Lot Lines will be adjusted from
the current plan to meet City minimums.
3. Owner will file for annexation within five days of the passage of the resolution.
4. Immediately upon passage of the resolution approving this Agreement and the
Fayetteville City Council approving Petitioner's Variance to the Ordinance in such order as
permits and provides that the Property shall be consistently tied on to, connected to and have the
in -evocable right to use, the Fayetteville sewer system and related services thereto, and Owner
completing its site work on the Property, Owner shall have all rights and privileges to, and shall
be fully authorized to, commence any and all building and residential construction within the
subdivision on the Property. All such construction will be to the regular and customary standards
of Fayetteville and shall be subject to fair and customary inspection if such is determined, in
good faith by Fayetteville, to be necessary and appropriate.
5. Notwithstanding anything contained in this Agreement to the contrary, the
issuance and approval of the final plat of the development of the Property shall not be adversely
affected, in any manner by, or withheld, delayed or conditioned in any manner whatsoever, as a
result of the annexation of the Property into Fayetteville.
6. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Agreement shall be filed for record in the Washington County
Circuit Clerk's office after Petitioner's Variance is approved and effective in the manner
described in this Agreement and, provided such approval and effectiveness is obtained, shall be
noted on any Final Plat or Large Scale Development which includes some or all of the Property.
7. This Agreement, and all of its terms and conditions, shall terminate automatically
and without any act or deed, if prior to May 1, 2006, the Fayetteville City Council does not
approve Petitioner's Variance to the Ordinance in such order as permits and provides that the
Property shall be consistently tied on to, connected to and have the irrevocable right to use, the
Fayetteville sewer system and related services thereto.
[Remainder of Page Intentionally Blank; Signatures on Following Page]
K: CITY COUNCIL AGENDA REOUESTS12006 Agenda RequevPApril 18. 2006lResolution for extension of service outside city limits (Lierly Lanc).doc 5
In Witness Whereof and in agreement with all the terms and conditions stated in
this Agreement, Blind Squirrel, LLC, as the owner and developer of the Property voluntarily
offer all such assurances and signs its name below.
BLIND SQUIRREL, LLC
By:
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
And now on this the day of , 2006, appeared before me,
and after being placed upon his/her oath swore or affirmed that
he/she agreed with the terms of the Annexation Agreement for Sewer on Lierly Lane for the City
of Fayetteville, Arkansas and signed hi/her name above.
Notary Public
My Commission Expires:
K:\CITY COUNCII. AGENDA REDIJIiS'1'S12006 Agenda Requcsis\April 18. 2006\Resolution for extension orsemice outside city limits (Lilly Lane).doc
6
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Apnl 18, 2006
City Council Members
City of Fayetteville
West Mountain
Fayetteville, AR 72701
RE April 18, 2006 City Council Meeting New Business Item # 2.
Lierly Lane Sewer Service Extension
Ladies/Gentlemen:
Find attached additional information for the Agenda Item noted above at tonight's
meeting. The following items are attached:
1. January 13, 2006 Letter from the State Health Department
2. Site plan noting lot types and adjacent property
3. March 2, 2006 Letter from owner to City of Fayetteville Wastewater
Thanks for your consideration of this item.
Sincerely,
Mike McDonald
Blind Squirrel LLC
Hugh Earnest
° Arkansas Department
Division of Health Ati
of Health and Human Services
,1172
Paul K. Halverson, DrPH, Director
Engineering Section — Environmental Health Branch — Center for Local Public Health
Postal Address P. 0. Box 1437, Slot 11-37 Little Rock, AR 72203-1437 1-501-661-2623 TDD: 1-800-234-4399
Physical Address for UPS or FedEx 4815 West Markham St., Slot 11-37 Little Rock, AR 72205 Fax: 1-501-661-2032
January 13, 2006
Mr. David Jurgens, Director of Utilities
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Re: Lierly Lane Subdivision Sewer Service
Dear Mr. Jurgens:
RECEIVED
JAN 2 3 2006
ENGINEERING DIV.
RECEIVED
JAN 24 2006
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
Project Design Consultants have submitted to us for review, an alternate sewer system in which 59
residential lots of about a quarter acre each would receive water from the Fayetteville Water System.
This subdivision is adjacent to the city limits of Fayetteville and the sewer system proposed is a
centralized treatment and secondary drip irrigation system to be located in the same area.
We recommend Prosect Design Consultants and the City of Fayetteville give due consideration to
connecting this proposed development to the City of Fayetteville Sewer System instead of the proposed on
site treatment and disposal system.
The general health of the residents of the proposed subdivision and nearby developments would be better
protected by sewer collection and transport to the City's remote treatment facilities. The municipal system
is likely more efficient and mutually more cost effective than the proposed system.
If the City of Fayetteville has the sewage treatment capacity, we would strongly recommend that the
Lierly Lane Subdivision be served by the municipal treatment plant. If this is not possible would you
please inform us of the circumstances that would prevent this service.
Sincerely,
Robert Hart, P E
Chief Engineer
Engineering Section, ADHHS
RH: LAI CSC: RD: RDA: rda
Cc: Project Design Consultants
Washington County Health Office
www.healthyarkansas.com
Serving more than one million Arkansans each year
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•
March 2, 2006
Mr. David Jurgens P E
Water/Wastewater Director
City of Fayetteville
113 W. Mountain
Fayetteville, AR. 72701
Re: Lierly Lane
•
As you know, we have tried several times to secure the approval of the Water And Sewer
committee to attach this development to the city wastewater system. The development on
Lierely Lane has been developed in strict accordance with all applicable city
requirements In addition, while the development anticipates the use of a STEP system,
the developer, along with all key city staff, would prefer to tie on to the readily available
city system. As you are aware, the discussions, at council level, of significant annexations
of all or part of the city planning area increases the likelihood that this area will be within
the city in the near future. What none of us want or need is the.creatiion of a S 1 EP
decentralized system that, at some time in the future, will be surrounded by the city. It is
also possible that the city in the near future will likely find it necessary to assess some
level of surcharge against all users to support the necessary completion of the Westside
plant. This area, if allowed to connect, would be a contributor to this effort. In addition,
the State Health Department has expressed concern over the use of a STEP system when
a connection to a POTW is readily available. Finally, we will, on receipt of our final plat,
pursue annexation of the referenced property.
We are again asking that the Water and Sewer Committee place this item on the agenda
for discussion. It comes with a plea for your continued support of this request for
connection.
In closing, please be aware that we appreciate the time and effort that you put into what is
an increasingly tough and challenging job.
Sincerely,
UA1 `' /44 Gomer
Jird Smith, on behalf of Hugh Earnest, on behalf of
Blind Squirrel LLC EC Consulting
Clarice Pearman - Annexation Agreement Page 1
From: Clarice Pearman
To: Conklin, Tim
Date: 4.19.06 2:24PM
Subject: Annexation Agreement
Tim,
The City Council passed a resolution allowing extension of sewer service outside of city limits on Lierly
Lane. Exhibit B to be attached to the resolution is not signed. Please get me a signed agreement for Ex.
B to the resolution for continuing the processing of this resolution.
Thanks.
Clarice
•
Clarice Pearman - Blind Squirrel Pa
From: Clarice Pearman
To: Conklin, Tim
Date: 5.12.06 12:22PM
Subject: Blind Squirrel
Tim,_
Just a reminder that I am still waiting a signed agreement with Blind Squirrel to attach to the resolution
passed by City Council, April 18, 2006. Please let me know what is happening with the agreement
extension of sewer service on Lierly Lane.
Thanks.
Clarice
CC: Smith, Sondra
Clarice Pearman - Res. 76-06 Page 1
From: Clarice Pearman
To: Conklin, Tim
Date: 5.25.06 5:15PM
Subject: Res. 76-06
Tim,
The above resolution was passed April 18, 2006. I still do not have a legal description to attached as
Exhibit A nor a signed agreement with Blind Squirrel to attached as Exhibit B. Please let me when I might
expect to receive these to continue processing the resolution.
Thanks.
Clarice
Clarice Pearman - Res. 76-06 Page 1
From: Clarice Pearman
To: Conklin, Tim
Date: 6.9.06 4:15PM
Subject: Res. 76-06
Tim,
I still have not received a signed annexation agreement with Blind Squirrel, LLC regarding 23 acre Lierly
Lane. The Council passed this resolution April 18, 2006. Please let me know what the status is on this
agreement.
Thanks.
Clarice
CC: Smith, Sondra
Clarice Pearman - Re: Res. 76-06 Page 1
From: Tim Conklin
To: Pearman, Clarice
Date: 6.12.06 2:21 PM
Subject: Re: Res. 76-06
I should have a copy today. Thanks.
Tim Conklin, AICP
Director of Planning and Development Management
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Phone: 479-575-8267
Fax: 479-575-8202
planning@ci.fayetteville.ar.us
»> Clarice Pearman 06/09/06 4:15 PM »>
Tim,
I still have not received a signed annexation agreement with Blind Squirrel, LLC regarding 23 acre Lierly
Lane. The Council passed this resolution April 18, 2006. Please let me know what the status is on this
agreement.
Thanks.
Clarice
1
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
18 -Apr -06
Tim Conklin
Submitted By
City Council Meeting Date
Planning & Development Mgmt.
Division
Action Required:
Operations
Department
Action Required: A Resolution to allow extension of sewer service outside the City's Corporate Limits on a 23 acre
parcel on Lierly Lane adjacent to the City Limits.
N/A
Cost of this request
N/A
Account Number
Project Number
3udgeted Item
Category/Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Jep. ent Dir: for
:ity Attorney
Date
=inance and Internal Service Director Dale
layor
Date
Program Category / Project Name
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Received in Mayor's Office
:omments:
PltvovAt by cc, 9'l4g.oti I