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HomeMy WebLinkAboutmemo Hood to Spivey about Rahling improvementsPRELIMINARY DRAFT Dated: 4/11/2008 1:07 PM FOR DISCUSSION PURPOSES ONLY MEMORANDUM TO: Mike Hood Civil Engineering Manager FROM: Bill Spivey Wright, Lindsey & Jennings LLP Tim Daters White-Daters & Associates DATE:March 11, 2008 RE: Prospective Improvements to Rahling Road In response to Mr. Hood's memorandum of February 22, 2008, we offer the following supplemental information which is based upon our research of the City's records and our own recollection of events. In the following memorandum, we shall offer some further explanation of events and the understandings among the City and interested property owners which are intended to place in proper context the history of what is now known as Rahling Road. Preliminary to the City's adoption of Ordinance No. 17,183 and the organization of the Chenal Valley Municipal Property Owners Multipurpose Improvement District No. 4 of the City of Little Rock, Arkansas (the "District"), there were extensive discussions between representatives of Deltic Timber Corporation (then known as Deltic Farm & Timber Company) ("Deltic"), the City and other interested property owners. Discussions between Deltic and the owners of two properties lying between the northern property line of Deltic's holdings and the Taylor Loop Road/Hinson Road confluence resulted in agreements that permitted construction of Rahling Road from Taylor Loop south to its intersection with Chenal Parkway. Those property owners, Rector Phillips Morse, Inc. and Richardson Properties, agreed to cooperate in allowing 748958-v1 Rahling Road to bisect their properties provided they were not responsible for any significant costs in this regard. The costs of construction were ultimately funded through the District. At the time of the District's formation, the issuance of bonds to fund construction of Rahling Road and the actual construction of the improvements, it was thought that construction of the additional lanes of traffic to upgrade Rahling Road to arterial standards would occur within a reasonably short period of time. At that time it was fully anticipated that additional collector streets at Pebble Beach, Beckenham and what was then Loyola but now is probably Plantation Drive in the Wellington Neighborhood would be opened and the traffic counts on Rahling Road would grow quickly. Ordinance 17,183 provides that the "District, or the petitioners..., or both," shall have the right_ to build the "West Loop" and to improve the West Loop to arterial standards when the traffic count reached 12,000 vehicles per day provided, however, that "these shall be no obligation to improve the West Loop to arterial standards" unless Pebble Beach and one other collector street are connected to the West Loop. In the event no other collector was connected three years from the date of the Ordinance, Pebble Beach would be connected at that time, and as we now know, Pebble Beech was connected to Rahling Road. Thus, the improvement of the "West Loop" (now Rahling Road) to arterial standards was always and continues to be contingent upon (i) the City's extension of at least two of the collectors at Pebble Beach, Beckenham and Plantation Drive, to Rahling Road, and (ii) the traffic count on Rahling Road reaching 12,000 cars a day. In time it became obvious that the collateral collector streets would not be built immediately. It also became apparent that for tax and legal reasons and other practical considerations, the District would no longer be in position to construct the additional lanes of 748958-0 2 traffic. (We note here that at the time Rahling Road was constructed, the District did, in fact, construct the culverts and road bed improvements necessary to facilitate the ultimate development of the overlay for the additional lanes of traffic. Practically speaking, the obligation to improve Rahling Road to arterial standards, when and if it matures, will be executed by Deltic Timber Corporation. It is also important to point out that the last time Trinity Presbyterian Church sought approval for additional improvements to its property in 1997 (File No. Z -5094-A), the City's approval included a Public Works requirement that Trinity "guarantee" Rahling Road construction prior to final platting pursuant to the requirements of the boundary street ordinance. Subsequently, in 2002, the City approved the Hickory Point Addition. In addition to requiring dedication of right-of-way to 45 feet from centerline, there was a further Public Works condition that the Applicant construct one-half of the street improvements for Rahling Road including five foot sidewalks. Joe White, appearing on behalf of the Applicant stated his opinion, that the Rahling Road improvements would be constructed by the "Chenal Improvement District" when the traffic count reached 12,000 cars per day. Mr. White's comments were made on behalf of the Applicant only and not on behalf of either Deltic Timber Corporation or any Chenal Improvement District and represented his opinion only. The staff subsequently recommended approval subject to compliance with the Public Works comments (File No. S-1322). Staff also recommended deferral of the Rahling Road street improvements "until such a time the improvements are warranted." The plat was approved by a vote of 11 ayes, 0 nayes and none absent with an express deferral of Master Street Plan improvements. As you may or may not know, some months ago, Deltic became aware that the City had relaxed or reduced the original time constraints and other requirements placed upon Whisenhunt 748958-v1 3 Investments (Whisenhunt") for construction of road improvements at Champlin, Wellington Hills, Kirk Road, Arkansas Systems Drive and Chenal Parkway. Originally, Whisenhunt had committed that all of these street improvements plus additional improvements to Chenal Parkway from approximately the intersection of Wellington Hills and Chenal Parkway through the Kanis West intersection would also be completed in the same timeframe. Deltic has requested that the City acknowledge that traffic counts on not only Rahling Road but Chenal Parkway as well may be artificially inflated as a result of the City's easing of the original construction requirements. For this reason, Deltic has requested that the City acknowledge that it will not make any demand upon Deltic to complete additional improvements to either Rahling Road or Chenal Parkway until such time as traffic counts have been normalized following the completion of all improvements which Whisenhunt Investments originally agreed to construct and the other conditions of Ordinance No. 17,183 have been met or satisfied. We trust that this information will be useful to you in completing your understanding of the history underlying the development of Rahling Road and Chenal Parkway. If we may be of other assistance, please feel free to contact us. 748958-0 4