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:
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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
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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.