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HomeMy WebLinkAboutOrdinance 4670 ORDINANCE NO. 4 6 7 0 AN ORDINANCE TO WAIVE THE REQUIREMENT OF §34.27 OF THE FAYETTEVILLE CODE, AUTHORIZE THE SALE OF 1 .5 ACRES FOR AN APPRAISED VALUE OF $30,000.00 TO THE NON-PROFIT CORPORATION, THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE, INC. AND TO DECLARE AN EMERGENCY WHEREAS, The Project For Victims Of Family Violence, Inc. is a non- profit corporation which has long served the needs of residents of Fayetteville and surrounding communities, but has outgrown its facility; and WHEREAS, The Project For Victims Of Family Violence, Inc. has secured a generous grant from the Donald W. Reynolds Foundation to construct a larger and better equipped new facility and needs a more central location to serve not only Fayetteville, but our neighboring cities to the North, and WHEREAS, this grant could be lost and this needed expanded facility might not be able to be constructed unless the sale of city land can be immediately authorized by the City of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby determines that the vital need for an improved and expanded facility for victims of family violence requires an immediate sale of one and one half acres of city property to The Project For Victims Of Family Violence, Inc. at a per acre value as independently appraised earlier in 2004 and therefore waives the formal requirements of §34.27 of the Code of Fayetteville regarding the sale of city land. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the land sale contract attached as Exhibit " A" selling 1 .5 acres of city property as described in the deed to The Project For Victims Of Family Violence, Inc. for Thirty Thousand Dollars ($30,000.00). Section 3: Emergency Clause. If the sale of this 1 .5 acres is not effective immediately, The Project For Victims Of Family Violence, Inc. may lose its substantial grant from the Donald W. Reynolds Foundation which is necessary for the construction of an expanded and improved battered women's shelter to better serve local victims of domestic abuse. Therefore, the city Council hereby determines and declares that an emergency exists, that it is necessary for the preservation of the public peace, health and safety that this ordinance become effective without delay, and that therefore because of this emergency, this ordinance shall be effective immediately upon its passage. PASSED and APPROVED this 41hday of January, 2005. APPROVED: By: A�/01 DAN COO , Mayor ATTEST: TR Eq . c��� &'TY 0 SGS : FAYETfEVILLE : By: SONDRA SMITH, City Clerk % s •. Q p ,: •�' ;9y9 ,kANs, �J`'���' ''o.,A GTON GO��•� '�4uwuuuN` s •-- v " T , ' n waft Q it ftN CD IN l� 0 v v a a y o . A� o � � z Hca •Y O T (D 0 Xionsas. THE NATURAL STATE DEPARTMENT OF PARKS A TOURISM One Capitol Mall Little Rock AR 72201 Phone: 501-682-7777 Wednesday, g FAX: 501-682-1364 y, AU ust 10, 2005 / History Commission 501 -682-6900 (VITT) Keep Arkansas Beautiful Division 5sonnel Section-3507 Personnel The Honorable Dan Coody 501 -682-7742 (VITT) Mayor of Fayetteville State Parks Division 501-682-1191 (V/rT) 113 West Mountain Tourismvision 501 -682-7777? (VITT) Y Fa etteville> Arkansas 72701 INTERNET arkansos.com ArkansasStateParks.com RE: Project # 05-00438 Lake Fayetteville Park Conversion Mike Huckabee GOVERNOR Richard W. Davies Dear Mayor Coody: EXECUTIVE DIRECTOR STATE PARKS, The City's request for conversion of the park property at Lake Fayetteville Park RECREATION TRAVEL has been approved by the National Park Service. You may now make all COMMISSION Jane Christenson necessary transfer of ownership for all lands involved in the conversion. Be CHAIRMAN aware that the new park property is encumbered under all of the same rules and VICE-CCHAIRMAN regulations in the Land and Water Conservation Fund that the original park was Steve Arrison subject to and must remain in outdoor recreation in perpetuity. It is the Bill Barnes Jay Bunyard responsibility of the City to develop the new property into a useable park site. Polly Crews Danny Ford Jim Gaston Debra Hook If you have any further questions please fell free to contact me at (501)-682- Billy Lindsey 1301 . Monona McNulty Mike Mills Ness Sechresl Wade Williams Sincerely, DIVISION DIRECTORS Larry CT R S ADMINISTRATION zi y Greg SUITS STATE PARKS Ian Hope, Project Officer Joe DTOid Rico URISM Outdoors Recreation Grants Program Nancy Clark GREAT RIVER ROAD John L. Ferguson HISTORY COMMISSION Robert Phelps KEEPARKANSAS BEAUTIFUL AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION / AMERICANS WITH DISABILITIES ACT - EMPLOYER 02 D FAYETTEVIPLE „�s a THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO : City Council FROM : Kit Williams, City Attorney �. DATE: December 28, 2004 RE: Peace at Home Family Shelter The Project For Victims Of Family Violence, Inc. has secured a substantial grant from the Reynolds Foundation to construct a new Peace at Home Family Shelter to serve Fayetteville and Northwest Arkansas. An ideal location for this new shelter would be on city land off Highway 265 near Lake Fayetteville. This land was appraised earlier this year at $20,000.00 per acre. The Donald Reynolds Foundation requires the nonprofit corporation to own the land upon which the new shelter will be built. Thus the Project For Victims Of Family Violence, Inc. needs to purchase 1 .5 acres at $20,000.00 per acre for a total of $30,000.00. Because of time constraints, the sale of land code section must be waived in order to accomplish this sale so as not to endanger the Reynolds grant to the Project For Victims Of Family Violence, Inc. Therefore, I have drafted an ordinance to that effect and to approve the sale of the 1 .5 acres for $30,000.00. The Project For Victims Of Family Violence, Inc. also needs a buffer/protection zone of 1 .5 acres around their facility which we can lease to them in exchange for the Project For Victims Of Family Violence, Inc. ' s services to Fayetteville residents. I have drafted a Lease for Buffer Area and a Resolution to accomplish this. No sewer is currently available to this site. Once the federal restrictions on development are shifted from this area to Lake Sequoyah, the remaining acreage could be sold to a developer who would be required to provide sewer main service to the whole site (including the Peace at Home Family Shelter). In order to have a buildable site, we need to temporarily lease .69 acres for a sewer system area (septic tank and lateral lines) and a temporary 70-foot wide access easement. Once sanitary sewer mains and access from an internal street are available, these leased areas revert to the City to be sold along with the remaining acreage. I have drafted a Lease and Resolution to accomplish this. I regret submitting this at the Agenda Meeting, but the final details were not finished in time for inclusion into the tentative Agenda and time constraints require we move forward quickly now so the grant for this vitally needed shelter will not be endangered. ORDINANCE NO. AN ORDINANCE TO WAIVE THE REQUIREMENT OF §34.27 OF THE FAYETTEVILLE CODE, AUTHORIZE THE SALE OF 1.5 ACRES FOR AN APPRAISED VALUE OF $30,000.00 TO THE NON-PROFIT CORPORATION, THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE, INC. AND TO DECLARE AN EMERGENCY WHEREAS, The Project For Victims Of Family Violence, Inc. is a non- profit corporation which has long served the needs of residents of Fayetteville and surrounding communities, but has outgrown its facility; and WHEREAS, The Project For Victims Of Family Violence, Inc. has secured a generous grant from the Donald W. Reynolds Foundation to construct a larger and better equipped new facility and needs a more central location to serve not only Fayetteville, but our neighboring cities to the North; and WHEREAS, this grant could be lost and this needed expanded facility might not be able to be constructed unless the sale of city land can be immediately authorized by the City of Fayetteville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the vital need for an improved and expanded facility for victims of family violence requires an immediate sale of one and one half acres of city property to The Project For Victims Of Family Violence, Inc. at a per acre value as independently appraised earlier in 2004 and therefore waives the formal requirements of §34.27 of the Code of Fayetteville regarding the sale of city land. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the land sale contract attached as Exhibit "A" selling 1.5 acres of city property as described in the deed to The Project For Victims Of Family Violence, Inc. for Thirty Thousand Dollars ($30,000.00). Section 3: Emergency Clause. If the sale of this 1 .5 acres is not effective immediately, The Project For Victims Of Family Violence, Inc. may lose its substantial grant form the Donald W. Reynolds Foundation which is necessary for the construction of an expanded and improved battered women's shelter to 0 0 better serve local victims of domestic abuse. Therefore, the city Council hereby determines and declares that an emergency exists, that it is necessary for the preservation of the public peace, health and safety that this ordinance become effective without delay, and that therefore because of this emergency, this ordinance shall be effective immediately upon its passage. PASSED and APPROVED this 4f day of January, 2005. APPRO�1�*T O By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk _ !! _T-re1•- L doda I. i `,. • / _ •i+ 1: Lb.` r.r .tel ' � K Jl1 ml y r f " P. d,- IN— ..rr .'�. x. � I jy� '• k r I (rr r +I�};J - ,,S dl- 1 1 x` i I Il I r • N. 1pi i 1 ' x or r / / M1 Id 0 I �n ! /11 J a / ; f / cy d JW I'd II t f ry • ,y, M • # r� ♦ ' N.J. ;.-��: in, . •fin "• _/.� '}� . y INo ,, . `X Y�n• r rl Jhd or 1 i ld, J l5 k-� 1 i'.Y Vi �S idd 1 :20 4MD&7 sz -0 as n, Ctoo-hS� 'Or: >/vj� wow Cd Wdvs :se v00z ez -:)aa tteizes6tc 'art MJ 33N310to WHj j0 5141131() toad WO8j CITY-ATTORNEY AGENDA REQURT FOR: COUNCIL MEETING OF JANUARY 4, 2005 FROM: HIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Waive The Requirement Of §34.27 Of The Fayetteville Code, Authorize The Sale Of 1 .5 Acres For An Appraised Value Of $30,000.00 To The Non- Profit Corporation, The Project For Victims Of Family Violence, Inc. And To Declare An Emergency APPROVED FOR AGENDA: I ��i 2 - za - OL City y Date / x-28 finance & Internal Services Director Date 1we 4 Z Z � Mayor Date Kit Williams - Peace At Home land reque c - _ Page 1 _ - -- -- - Kit, This is what I understand from our meetings with Mayor Coody. Please call my office at 444-8310 and ask for Robbin if you want to talk to me today. She knows how to get find me. FOR: The COUNCIL MEETING of January V. (That was agreed to at the last agenda setting meeting) ORDINANCE OR RESOLUTION TITLE AND SUBJECT (or whatever you want it to say.) Sale and lease of Property to the battered women's shelter, the Project for Victims of Family Violence, Inc - doing business as the Peace at Home Family Shelter. An ordinance • waiving the requirements of the current city ordinance regarding the sale of public land and • approving the sale of 1 .5 acres of land to the Project for Victims of Family Violence, Inc. (d.b.a. Peace At Home Family Shelter) at fair market value based on a recent appraisal valuing the land at $20,000/acre and • leasing approximately 1 .5 acres for a period of time not less than 35 years. An additional .69 acres will be leased for the purpose of a water treatment system, and this land will go to the buyer of the remaining land when the shelter is hooked up to the anticipated sewer system. Other contingencies: Revert clause including return of purchase price to Built and operating by the end of 2008 Long-term lease of 35 years, renewable for an additional 35 year with the agreement of both parties, in exchange for services to the citizens of Fayetteville valued at approximately $550,000 annually. (See history memo) Reynolds requires at least 35 years. You had mentioned it could be renewable for an additional 35 years. Land to be purchased is located on the City owned property on the east side of Hwy 265, south of Highway 412. Specific location identified on attached map. (We would need this from the city, our architect Jim Key knows exactly what we negotiated with the mayor. The encumbrance attached to this property will be transferred to other land owned by the city of Fayetteville by ????. (Approval by the governmental authority) Connie from Parks is working on this piece and knows the specifics. The sale of the remaining land in this parcel (roughly 43 acres will include a contingency that requires the developer (new owner of the land) to provide PVFV with road access and sewer hook-up, at which time the .69 acres of land for the water treatment facility will become the property of the owner of the remaining land. The Mayor understands this and thought it likely should be a separate contract. Kit Williams - BRIEFHISTORY.doc BRIEF HISTORY: In 1977, community leaders came together to initiate a safe shelter and advocacy program for battered women and their children. This program, the Project for Victims of Family Violence, Inc. was the first such program to serve battered women in Arkansas. The first shelter facility was in a private house on the corner of Mountain and School streets. Very soon it became apparent that the 3-bedroom house would be too small and that a shelter for battered women and their children needed to be located in a place where the abusers could not easily access the shelter. In 1977, there were no laws such as protection orders or no contact orders, so the abusers could stand on the sidewalk and shout up into the house, causing much disruption and fear. Since the private house was not working out as a safe shelter, the City of Fayetteville offered an approximately 3-acre parcel of land with a building as an option for the shelter. In 1979, the Project for Victims of Family Violence, Inc. moved to this location on the south side of Fayetteville, where they have been ever since, leasing the land and facility for $ 1 a year. THE NEED: The current facility has six small bedrooms, one kitchen, one eating area, two small bathrooms and one living room. It is not uncommon that at any given time, six families will be living in the shelter, each with one to four children. When the shelter is full and another family needs immediate emergency shelter, we work to locate space in the only other shelters in the area. There is a shelter in Bentonville, one in Fort Smith, one in Tulsa, and one in Harrison. When a family has to travel to another area or even state, there is significant disruption for the children and their schooling and/or for the mother if she is working. There are no other shelters for battered women in Washington County or in Madison or Carroll counties. The requests for shelter and other advocacy services have increased 25% in just one year. The Donald W. Reynolds Foundation gave the Project for Victims of Family Violence a planning grant to develop a new shelter. In this fast growing area of Northwest Arkansas, and through our needs assessment, we determined that a new shelter has to be able to house at least 40 individuals in at least 12 bedrooms. We need a shelter location that is assessable to the region, and with at least three acres of land for the shelter, parking, play area, a buffer and the necessary storage. We have hired the firm of KAI, Jim Key the principle, and they have worked out the specific minimum land that is required for this program. ECONOMIC IMPACT: The Project for Victims of Family Violence, Inc. annual budget is approximately $550,000. 39% of our clients are city of Fayetteville residents. We estimate the annual value of our programs to the city of Fayetteville to be $214,500. We employ 15 full time staff and several part time staff and over 50 volunteers work with our programs. Many of the staff live and shop in Fayetteville, as do many of our board members and volunteers. Building a new expanded shelter in Fayetteville guarantees a long future of service to the residents of this community.