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Home My WebLink About90-22 RESOLUTIONaE �frerrF y L t [y .y �.t 4 FAxµ51.� 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 90-22 File Number: 2022-0420 EXTENSION OF CITY'S SEWERAGE SYSTEM TO 4594 EAST HUNTSVILLE ROAD: A RESOLUTION TO APPROVE AN EXTENSION OF THE CITY'S SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO PROPERTY LOCATED AT OR NEAR 4594 EAST HUNTSVILLE ROAD WHEREAS, §51.113 Sewer Service and Extension Policy states that "the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council"; and WHEREAS, Rob Pressman has requested to connect to the City's sewer main that currently runs near his property located at 4594 East Huntsville Road. 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 the request by Rob Pressman for an extension of the City's sewerage system beyond the city limits to his property located at 4594 East Huntsville Road upon payment of the necessary tapping fee and any other costs required to make the sewer connection. PASSED and APPROVED on 5/3/2022 Page 1 Printed on 514122 Resolution: 90-22 File Number- 2022-0420 Approved: A Lioneld Jordan, Mayor Attest: .��{��► Y L� n C' 1 r•V�` FAYEirEViLLE Kara Paxton, City Clerk TreasLire� r�i LNG �ON0 Page 2 Printed on 5/4/22 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0420 Agenda Date: 5/3/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: 1. EXTENSION OF CITY'S SEWERAGE SYSTEM TO 4594 EAST HUNTSVILLE ROAD: A RESOLUTION TO APPROVE AN EXTENSION OF THE CITY'S SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO PROPERTY LOCATED AT OR NEAR 4594 EAST HUNTSVILLE ROAD WHEREAS, §51.113 Sewer Service and Extension Policy states that "the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council"; and WHEREAS, Rob Pressman has requested to connect to the City's sewer main that currently runs near his property located at 4594 East Huntsville Road. 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 the request by Rob Pressman for an extension of the City's sewerage system beyond the city limits to his property located at 4594 East Huntsville Road upon payment of the necessary tapping fee and any other costs required to make the sewer connection. City of Fayetteville, Arkansas Page 1 Printed on 51412022 City Council Walk -On 5/3/22 Legistar ID No.: 2022- 0420 AGENDA REQUEST FORM FOR: Council Meeting of May 3, 2022 FROM: Council Member Sonia Harvey ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO APPROVE AN EXTENSION OF THE CITY'S SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO PROPERTY LOCATED AT OR NEAR 4594 EAST HUNTSVILLE ROAD APPROVED FOR AGENDA: r+��c4 6-1 apt Council Member Sonia Harvey City Attorney Kit Williams Approved as to form �— 3- 2-Z Date L.-,2 Date Batker, Jodi To: Harvey, Sonia; Williams, Kit Subject: RE: 4545 Huntsville Road - Water & Sewer Access From: Harvey, Sonia Sent: Tuesday, May 03, 2022 12:24 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Cc: Batker, Jodi <jbatker@fayetteville-ar.gov> Subject: Re: 4545 Huntsville Road - Water & Sewer Access Approved, thank you Sonia Harvey Fayetteville City Council Member Ward 1, Position 1 (479)409-5064 Report a concern: hile//wwW fayetteville-ar eov/1782/Reoort a Concern Speak up on City projects: httPss�//soeakuo favetteville ar ov/ From: Williams, Kit <kwilliamslafavetteville-ar eov> Sent: Tuesday, May 3, 2022 12:22:53 PM To: Harvey, Sonia <sonia.hamev(o)favetteville-ar eov> Cc: Batker, Jodi <Ltker(a)favetteville-areoy> Subject: RE: 4545 Huntsville Road - Water & Sewer Access Sonia, Attached is the update Agenda Request form showing today', date. Please authorize this to be entered into Legistar. Thanks, Kit From: Harvey, Sonia Sent: Tuesday, May 03, 2022 12:21 PM To: Williams, Kit <kwilliams(a)fayetteville-ar eov> Cc: Batker, Jodi <jbatker(a)favetteville-ar eov> Subject: Re: 4545 Huntsville Road - Water & Sewer Access My apologies. Thank you. Sonia Harvey Fayetteville City Council Member Ward 1, Position 1 (479)409-5064 Report a concern: httg://www.faVettevilllle-ar.gov/17821RePort-a-Concern Williams, Kit From: Harvey, Sonia Sent: Monday, May 02, 2022 10:58 PM To: Williams, Kit Subject: Re: 4545 Huntsville Road - Water & Sewer Access Good evening, Kit I'm following up to see if this will make it to tomorrows City Council meeting. Getting this in tomorrow will help Mr Pressman greatly. Sonia Harvey Fayetteville City Council Member Ward 1, Position 1 (479)409-5064 Report a concern: http://www.fayetteville-ar-gov/1782/Report-a-Concern Speak up on City projects: https://speakup.fayetteville-ar.gov/ From: Williams, Kit <kwilliams@fayetteville-ar.gov> Sent: Thursday, April 28, 2022 2:25:14 PM To: Harvey, Sonia <sonia.harvey@fayetteville-ar.gov> Cc: Norton, Susan <snorton@Fayetteville-ar.gov>; Granderson, Corey <cgranderson@fayetteville-ar.gov>; Nyander, Tim <tnyander@fayetteville-ar.gov>; peersbarnstorm@gmail.com <peersbarnstorm@gmail.com>; Batker, Jodi <j batker@fayettevi Ile -a r.gov> Subject: RE: 4545 Huntsville Road - Water & Sewer Access Sonia, I will prepare a Resolution for your approval. Kit From: Harvey, Sonia Sent: Thursday, April 28, 2022 12:52 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Cc: Norton, Susan <snorton@fayetteville-ar.gov>; Granderson, Corey <cgranderson@fayetteville-ar.gov>; Nyander, Tim <tnyander@fayetteville-ar.gov>; peersbarnstorm@gmail.com Subject: Re: 4545 Huntsville Road - Water & Sewer Access Hi Kit and all, I am willing to advocate on behalf of Mr. Pressman. For the following reasons: 1. The sewer line exists on the property, so he will connect to it with permission and pay the monthly City Utility fees. 2. Mr. Pressman is not asking the City to cover any costs for this project 3. This special case is a financial hardship 4. Mr. Pressman is the full-time and single caregiver of his wife Linda who has had numerous surgeries S. The sale of their existing property will allow them to become mostly debt free from medical bills to go into their new property for their retirement 6. In the new property they will have no mortgage because they are investing in a mobile home for their retirement abode 7. 1 have known Mr. Pressman and his wife as close friends for over 10 years. He's a talented designer and illustrator and used to teach for me at New Design School. S. Mr. Pressman's sole income from designing monuments and headstones supports them both and 1/3 of his current income goes only to their home If you could help me bring this forward to the City Council so I can make the case to them and the Mayor, I would greatly appreciate this opportunity. Sonia Harvey Fayetteville City Council Member Ward 1, Position 1 (479)409-5064 Report a concern: https://documents fayetteville-ar.gov/Forms/ReportAconcern Speak up on City projects: htt@s:ZLspeakup.favetteville-ar.gov/ From: Harvey, Sonia <sonia.harvev@favetteville-ar eov> Sent: Thursday, April 28, 2022 9:10:31 AM To: Williams, Kit <kwilliams(@fayetteville-ar eo > Cc: Norton, Susan <snorton0favetteville-ar 90 >; Granderson, Corey <cgrandersonna favetteville-ar.eov>; Nyander, Tim <tnyande rPfavettevi I le -a r.eov> Subject: Re: 4545 Huntsville Road - Water & Sewer Access Hi Kit, Thank you for the advice on this item. I am asking Mr. Pressman if he's opposed to being annexed. He has never told me he was so I'm hoping he's for it. Sonia Harvey Fayetteville City Council Member Ward 1, Position 1 (479)409-5064 Report a concern: htti2://www.favettevillillie-ar.jz vZ1782IReport-a-Concern Speak up on City projects: https:ZLspeakup.favetteville-ar.gov/ From: Williams, Kit <kwilliams/iilfavettevdle-ar ��> Sent: Monday, April 11, 2022 5:11:49 PM To: Harvey, Sonia <Sonia.harvevCalfavetteville-arepv> Cc: Norton, Susan <snorton@favetteville-ar eo >; Granderson, Corey <cgranderson0favetteville-ar eov>; Nyander, Tim <tnyander(dfavetteville-arepv> Subject: RE: 4545 Huntsville Road - Water & Sewer Access Sonia, I can draft an appropriate Resolution to allow an out of city property to be connected to the city sewer system. 1 will need to explain why you believe this is appropriate and why we should allow such access rather than having Mr. Pressman annex into Fayetteville. Some reasons could include that his property does not touch city property so he cannot annex, or that it would be some type of undue hardship for him if the Council would not allow him to connect. Please provide the reasons that you are sponsoring this and seeking City Council approval. I guess you have been informed that Mayor Jordan never supports these out-of-town requests. Kit From: Rob Pressman <peersbarnstormrae iI com> Sent: Friday, April 08, 2022 2:13 PM To: Harvey, Sonia<sonia.harvev(iafavet[eville-ar,g_> Cc: Williams, Kit <kwilliams@fayet_ tevily le_arRo>; Norton, Susan <snorton favetteville-acaov>; Granderson, Corey <cgrandersonPfavetteville-ar. ov>; Nyander, Tim <t nderC�favetteville_ar.e^s,> Subject: Re: 4545 Huntsville Road - Water & Sewer Access —---.... ..••a • �•_� .. u.„ .uume oT the city of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. the address for the parcel behind 4600 a huntsville rd. is 4594 e. huntsville rd. On Fri, Apr 8, 2022 at 10:38 AM Harvey, Sonia <sonia.harvev(dfavetteville-ar ov> wrote: Dear Kit, All the paperwork has been completed for this request. Tim says my next step is to bring the resolution. What do you need from us? Sonia Harvey Fayetteville City Council Member Ward 1, Position 1 (479)409-5064 Report a concern: http•//www favetteville are /1782/Reporta Concern Speak up on City projects: htt s• /speakuo favetteville ar r From: Nyander, Tim <tnYander(alfavetteville-ar eov> -- Sent: Friday, February 18, 2022 10:58:47 AM To: Harvey, Sonia <sonia.harvev@favetteville-argov>; Granderson, Corey <cgranderson(afavetteville-ar eo >; geersbarnstormCdra email com <peersbarnstormemail com> Cc: Norton, Susan <snorton2favetteville-ar eov> subject: RE: 4545 Huntsville Road - Water & Sewer Access Sonia, When we contacted Mr. Pressman last August, we told him for water he would need a private water service line easement. He produced an easement that had already been prepared, but we asked if he could get a recorded copy from the county. I believe he was going to contact Blew and Associates, who did the surveying. We have not received anything on that. After the easement is verified, he would pay for a water tap in the Development Services Building, a water crew would install the tap, and he would have a place to connect the service line. There is a manhole that reaches the parcel in the back, and elevations look favorable for a service connection there. Since where he wants to build Is outside the city limits, there is the process of being sponsored by a City Council Member and taking it to the council to seek approval. After all that is taken care of it is the same, pay for a sewer tap, we would perform the tap, and he would have a connection point. Both connections would require the payment of impact fees, unless there have been previous connections in that location. That is my attempt to cover the process, but of course something else could arise that none of us are thinking about right now. That's my disclaimer! Kind Regards, Tim Nyander Utilities Director 479.575.8386 tnyander@fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube From: Harvey, Sonia <sonia harveV@fave`teville-a�> Sent: Thursday, February 17, 2022 1:14 PM To: Nyander, Tim <tnyander(afavetteville-ar gov>; Granderson, Corey <ggrandersonrafayetteville-ar gov>; geersbarnstorm(a gmail com; Harvey, Sonia <sonia harvevrdfavetteville-ar > Cc: Norton, Susan <snortonPfave_ tt > Subject: Re: 4545 Huntsville Road - Water & Sewer Access Hello All, It looks like Mr. Pressman may need the requested water access in a couple of months. Can you update us on the process and options? Sonia Harvey Fayetteville City Council Member Ward 1, Position 1 (479)409-5064 Report a concern: httl2:llwww.favetteville-ar.gov/1782/Report-a-Concern Speak up on City projects: httii2s•//speakuo favetteville ar / From: Gutierrez, Sonia <sonia eutierrez(afavetteville-ar > Sent: Tuesday, August 17, 20213:56:04 PM To: Nyander, Tim <tnvander@fayetteville-ar ov>, Granderson, Corey «randerson@favetteville ar eov>; peersbarnstormrdemail com <peersbarnstormegmail com> Cc: Norton, Susan <snorton0favetteville-ar eov> Subject: Re: 4545 Huntsville Road - Water & Sewer Access Awesome. Yes, that is correct. Sonia Gutierrez Fayetteville City Council Member Ward 1, Position 1 (479)409-5064 Report a concern: htti?:IZwww.favetteville-ar.gov/1782/Report-a-Concern Speak up on City projects: htti?s://sr)eakup.favetteville-ar.gov/ From: Nyander, Tim <tnyander0fayetteville-ar eov> Sent: Tuesday, August 17, 20213:55:33 PM To: Gutierrez, Sonia <sonia gutierrez@favetteville ar ov>; Granderson, Corey<cgrandersonfdfavetteville-aceov>; peersbarnstormkaemail.com <peersbarnstorm@gmail.com> Cc: Norton, Susan <snorton@favetteville-ar eov> Subject: RE: 4545 Huntsville Road - Water & Sewer Access Council Member Gutierrez, Thank you for your email. We will take a look, and let Mr. Pressman know what the options are. I assume that Mr. Pressmen is peersbarnstorm@¢mail com Kind Regards, Tim Nyander Utilities Director 479.575.8386 gander@favetteville-ar g_ov Website I Facebook I Twitter I Instaeram I YouTube From: Gutierrez, Sonia <sonia eutierrezna favetteville-ar eov> Sent: Tuesday, August 17, 20213:05 PM To: Granderson, Corey <cgrandersonlafavetteviile ar eov>; oeersbarnstorm(elemail com; Nyander, Tim <t�anderCdfavetteville-ar eov> Cc: Norton, Susan <snortonfa1favetteville-ar eov> Subject: 4545 Huntsville Road - Water & Sewer Access Dear Corey and Tim, I would like to advocate on behalf of Mr. Pressman of 4600 E. Huntsville Rd. to get both City water and sewer access. See attached. Let me know how best to proceed to help you and him with these goals. Sincerely, Sonia Gutierrez Fayetteville City Council Member Ward 1, Position 1 (479) 409-S064 Report a concern: htt : /www favetteville-ar 90v/1782/Report a Concern Speak up on City projects: https://soeakuo favetteville ar eov/ 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council City Clerk Kara Paxton CC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Chris Brown, Public Works Director Terry Gulley, Asst. Public Works Director Jonathan Curth, Development Services Director Steven Dotson, Internal Auditor FROM: Kit Williams, City Attorney DATE: May 2, 2022 RE: Mayor recuperating at home and performing essential duties Kit Williams City Attorney Blake Pennington Assistant City Attorrey Jodi Batker Paralegal Mayor Jordan is currently recuperating at home, but is fully capable and performing the essential duties of his office. One such duty was to clarify how and when his approval through use of his signature stamp could be exercised. Ordinances, Resolutions, Contracts and other documents approved by the City Council may have the Mayor's signature stamp applied upon the unanimous agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A similar procedure was used during a rare week or longer vacation for the Mayor years ago where cell phone service at his vacation spot was not always reliable. An initial draft of his authority for use of his signature stamp was signed by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just signed an updated and more specific and complete authorization detailing what the City Staff should do during this period when staff may speak with him for any necessary decisions or instructions, but when City Staff is authorized to perform housekeeping, ministerial, and uncontroversial actions on the Mayor's behalf. This replacement authority dated today is also attached and supersedes the April 29th authorization. Mayor Jordan has also designated his Chief of Staff to handle most of his normal meetings duties until his full time return to the office. The Vice Mayor shall conduct all City Council meetings and Agenda sessions as the Mayor recuperates. If any document proposed for the Mayor's signature has any questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan s decision before his signature stamp is used or withheld. Mayor Jordan remains able to perform his necessary official duties although much of the noncontroversial, house -keeping measures will be handled by his Chief of Staff and necessary signatures by use of his signature stamp so the Mayor can get more needed rest. In the unlikely event that Mayor Jordan would be deemed by a Circuit Court as being "unable to perform the duties of office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan Norton to Perform the Duties of the Office of Mayor If and When Necessary. A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals may perform all functions of a mayor during the disability or absence of the mayor: (C) An unelected employee or resident of the city if designated by the mayor and approved by the City Council." If the City Council does not approve the Mayor's designation of Chief of Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who as an "elected official of the city" does not need approval of the City Council. (A.C.A. §14-43-501 (b)(3)(B). 2 OFFICE OF THE MAYOR April 29, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following approval procedures to be used during any period I am absent from the City, under the following conditions: • Until I return to regular office hours Chief of Staff, Susan Norton will have the final approval necessary for Legistar items My signature stamp may be used for all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR May 2, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated approval and signatory procedures to be used during any week or longer period of time if I need some of my more signatory and ministerial and/or in -person meeting duties performed for me until I return to full-time status: ■ Chief of Staff Susan Norton will have the final approval necessary for Legistar items • My signature stamp may be used to approve all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process ■ Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or attend (except City Council meetings and Agenda Sessions). Other staff who are already ejnpowered to represent me in regional boards or commissions may continue to represent me iii those boarasland commissions 4tv r...�� Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If And When Necessary I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office while I recuperate in the hospital or at home. I have established proper procedural guidelines so that my signature stamp may be used instead of my written signature on documents approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and Acceptances, and Deeds. If I become temporarily unable to perform the duties of the Office of Mayor, I hereby designate pursuant to A.C.A. §14-43-501 (b)(3)(C) that Chief of Staff Susan Norton shall assume the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties myself. If the City Council fails to approve my designation of Chief of Staff Susan Norton to perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A. §14-43-501(b)(3)(B) to perform all functions of Mayor until j am again able to perform the duties and functions of Mayor of Fayetteville. s - a - Date LIONELD J❑ Mayor ��-�� Witness City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov