HomeMy WebLinkAboutOrdinance 4819 f
ORDINANCE NO.4819
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A COST-
SHARE AGREEMENT WITH RESERVE, LLC IN AN AMOUNT
NOT TO EXCEED $661 ,316.91 FOR THE WIDENING OF
RUPPLE ROAD AND PERSIMMON STREET ADJACENT TO
THE MOUNTAIN RANCH DEVELOPMENT
WHEREAS, the City Council Street Committee voted to forward to the City Council the
recommendation for a cost share agreement to widen approximately 1 ,200 linear feet of Rupple Road
to a four-lane boulevard, approximately 1 , 100 linear feet of Persimmon Street to a three-lane
collector, and approximately 2, 100 linear feet of Persimmon Street to a two-lane local street;
WHEREAS, entering into a cost-share agreement with Reserve, LLC and utilizing their
engineer and contractor will avoid the added cost and unnecessary duplication of effort which would
arise from the formal competitive bidding process.
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 finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or
practical, and waives the requirements of formal competitive bidding to approve a cost-share
agreement with Reserve, LLC in an amount not to exceed $661 ,316.91 for the widening of
approximately 1 ,200 linear feet of Rupple Road to a four-lane boulevard, approximately 1 , 100 linear
feet of Persimmon Street to a three-lane collector, and approximately 2, 100 linear feet of Persimmon
Street to a two-lane local street.
PASSED AND APPROVED this 17`h day of January, 2006.
APPROVED:
By: C
DAN GOODY, Mayor
ATTEST:
By: p .SG
S NDRA SMITH, City Clerk
: FAYETTEVILLE
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CONTRACTUAL AGREEMENT
This Agreement, made and entered into this 2D A . day of March 2006, by and
between the City of Fayetteville, Arkansas and Reserve, LLC, Witnesseth:
WHEREAS, Reserve, LLC is a developer constructing a 117 lot residential
subdivision at the intersection of Persimmon Street and Rupple Road; and
WHEREAS, The developer will be constructing street improvements along Rupple
Road and Persimmon Street to serve the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade these portions of
roadway to accommodate future traffic needs. These upgrades will include a boulevard
section along Rupple Road, a three lane section of Persimmon Street along the City of
Fayetteville' s park property and a twenty-two foot section of Persimmon Street to the east to
connect with Shiloh Drive as shown on the attached drawings which are incorporated herein
except that the 22 foot section of road will not include a City of Fayetteville cost share.
NOW, THEREFORE, the City of Fayetteville and Reserve, LLC agree as follows:
1 . The City of Fayetteville agrees to:
A. Pay for the actual documented construction costs for the upsizing of
Rupple Road and Persimmon Street in the amount of $661 ,316.91 .
B. Make all efforts to provide progress payments to Reserve, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2 . Reserve, LLC agrees to:
A. Provide the necessary and normal project engineering, management,
inspection, and testing as necessary for a complete and acceptable street
installation.
B. Provide a copy of the invoice(s) from the Contractor and a completed lien
waiver executed by the Contractor upon acceptance of the street installation.
C. Properly complete the construction of both Rupple Road and Persimmon
Street to City of Fayetteville street standards pursuant to the attached
drawings and dedicate the streets to the City of Fayetteville.
3 . It is further understood that the contract for construction is between Reserve, LLC
and their Contractor and that the City has no contractual obligation with either the
Contractor or the Engineer. The City's only obligation shall be to participate in a
contractual agreement in the amount of $661 ,316.91 for the street upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE ERVE, C
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By: By:
N
DACOODY, Mayor TOM TERMINELLA, President
ATTEST: WITNESS :
By: By:
SONDRA SMITH, City Clerk
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AGREEMENT TO DEDICATE LAND
TO THE CITY OF FAYETTEVILLE FOR THE EXTENSION
OF RUPPLE ROAD SOUTH ALONG THE BORDER OF
THE MOUNTAIN RANCH DEVELOPMENT
On this 201h day of December, 2005, the City of Fayetteville and Tom Terminella
hereby agree as follows:
In consideration for the City Council's approval of the cost share with Tom
Terminella for the construction of Rupple Road to the southern boundary of the
development and the construction of Persimmon Road from Rupple Road to its
intersection with Betty Jo Drive; Tom Terminella, for himself and for the Mountain
Ranch developers and owners, agrees to dedicate to the City of Fayetteville (without cost
to the City of Fayetteville) 55 feet from the western border of his property from the
southern border of PPL 05- 1509 (Preliminary Plat of Mountain Ranch Phase One) to the
southern border of his property for purposes of construction of Rupple Road as a
boulevard. Attached as Exhibit A is a depiction of the area that will be dedicated.
Mr. Terminella agrees, for himself and all other owners of this property, that this
dedication shall occur at the earliest of either:
( 1 ) When the City of Fayetteville determines to construct the Rupple
Road Boulevard upon this area pursuant to the Master Street Plan; or
(2) When the land currently owned by Mr. Terminella (and others he
represents) is accepted by the City for development through a Final Plat or otherwise.
In agreement with all terms and promises stated above, the parties sign their
names below:
CITY OF FAYETTEVILLE
/moo/
TOM TERMINELLA By: DAN COODY
Personally and for Mountain Ranch Mayor
and all of its current owners
„sump, ATTEST:
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FAYETTEVILLE ; SO RA SMITH, City Clerk
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CONTRACTUAL AGREEMENT
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This Agreement, made and entered into this , by and between the City
of Fayetteville, Arkansas and the Fayetteville School District, Witnesseth:
WHEREAS, Fayetteville Public School District is constructing a new school at the
southwest comer of the intersection of Persimmon Street and Rupple Road. ; and
WHEREAS, The school district will be extending an 8" main through the project site to
provide water service and fire protection to the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade this 8" water main
extension to a 12" main. This upgrade will continue the creation of a 12" water main grid in this
area in accordance with the water distribution master plan.
NOW, THEREFORE, the City of Fayetteville and the Fayetteville Public School
District agree as follows:
1 . Upon the City Council and/or the Mayor approving the Water Main Cost-Share,
the City of Fayetteville agrees to:
A . Pay for 100% of the actual documented construction costs for the upsizing
to a 12" water main along Rupple Road.
B. Pay a maximum-not-to-exceed cost of $52, 195.00 for the afore mentioned
water main construction as was provided by the Fayetteville Public School
District and made a part of this agreement.
C. Reconsider the costs if the future and actual construction prices exceed the
maximum-not-to-exceed amount that was furnished by the Fayetteville
Public School District. The contractual agreement shall be required to be
reevaluated and re-approved by the Mayor and/or City Council as
appropriate prior to proceeding with construction.
D. Make all efforts to provide payment to the Fayetteville Public School
District within thirty (30) days after receipt of the invoice(s) but cannot
guarantee the thirty day schedule.
2. Fayetteville Public School District agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable water main installation.
B. Provide a copy of the invoice(s) from the Contractor and a completed lien
waiver executed by the Contractor upon acceptance of the water main
installation.
C. Not proceed with the proposed construction unless/until the proposed
contractual agreement is approved by the City Council and/or the Mayor.
3 . It is further understood that the contract for construction is between the
Fayetteville Public School District and their Contractor and that the City has no
contractual obligation with either the Contractor or the Engineer. The City' s only
obligation shall be to participate in a contractual agreement with a not-to-exceed
amount of $52, 195 .00 for the water main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE FAYETTEVILLE PUBLIC SCHOOL
DISTRICT
By: By: C
DAN COODY, Mayor BO BY C NEW , Superintendent
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number
Division:
2005 Program: 12/20/2005
Project or Item Added/increased: Project or Item Deleted/Reduced:
$577,453 is requested in the Street Improvements None. $577,453 is proposed from the Use of Fund
account of the Street ROW/Intersection/Cost Sharing Balance in the Sales Tax Capital Improvements Fund.
capital project.
Justification of this Increase: Justification of this Decrease:
Funding is needed for a street cost share with Reserve, Sufficient funding remains to comply with City policies.
LLC for the widening of Rupple Road and Persimmon
Street. The Street ROW/Intersection/Cost Sharing capital project
will be reduced by this amount in 2006.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Street improvements 4470 9470 5809 00 577,453 02116 1
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount Project Number
Use of fund balance 4470 0947 4999 99 577,453
Approval Signatures Budget Office Use Only
Z QST Type: A B C n E
✓Requested By Date
Date of Approval
4Budget Manager Date Initial Date
Z.o S Posted to General Ledger
Department Director Date Initial Date
( 2 - 5 -05 Posted to Project Accounting
Finance & Interna ervices D ctor — ate Initial Date
ZQ C7 Entered in Category Log
Mayor Date Initial Date
D
City of Fayetteville 111 -7
Staff Review Form �Y/
/J�
City Council Agenda Items /< WVI 1
or
Contracts
20-Dec-05
City Council Meeting Date
Matt Casey Engineering Operations
Submitted By Division Department
Action Required:
Approval of a bid waiver and a cost share in the amount of $798,963.44 with Reserve, LLC for improvements to
Rupple Road and Persimmon Street.
Street ROW / Intersection /
$798,963.44 $ 559,143.00 Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5809.00 $ 337,632.06 Street Improvements
Funds Used to Date Program / Project CategoryName
02116 $ 221 ,510.94 Sales Tax
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached �x
Previous Ordinance or Resolution #
X22 -oS
Depai1ment Diybctor Date Original Contract Date:
Original Contract Number:
City Attorn /mss
Received itk's Office
AR / � '2/
!z y raC
Finance a d Internal Service Director ate
Received in Mayor's Office ��
Mayor 5 /bate
Comments:
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City Council Meeting of December 20, 2005
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations&V
From: Ron Petrie, City Engineer
Date: December I , 2005
Subject: Proposed Street Cost Share in the amount of $798,963 .44 with Reserve, LLC
for the widening of Rupple Road and Persimmon Street adjacent to the
Mountain Ranch Development.
RECOMMENDATION
Staff recommends approval of a bid waiver and a cost share with Reserve, LLC for the
widening of approximately 1200 LF of Rupple Road to a four lane boulevard,
approximately 1100 LF of Persimmon Street to a three lane collector and approximately
2100 LF of Persimmon Street to a two lane local street.
BACKGROUND
At the August 3, 2004 meeting of the City of Fayetteville City Council, the annexation of
the property for the Mountain Ranch development was heard (ANX 04- 1083 Marinoni).
During this hearing, the council members discussed the need for a connection of
Persimmon Street to Shiloh Drive. It was agreed at that time that this extension would be
made with the proposed development. The City Council unanimously passed the
requested annexation.
Since that time Planning Commission has approved the preliminary plat of the Mountain
Ranch subdivision. The developer and City staff have worked together to plan the
improvements necessary for Rupple Road and Persimmon Street adjacent to this
development. The improvements include upsizing the required two lane street section
along Rupple Road to a four lane boulevard section. The additional width will add
capacity for the construction of the new school that is under construction adjacent to this
portion of roadway. The improvements to Persimmon include constructing a three lane
section the extent of the City property that is occupied by the Boys and Girls Club. From
the City property east to the existing portion of Persimmon by Shiloh, a two lane local
street section is proposed until development occurs on the north side of this roadway. As
development occurs, the street can be widened to the full three lane section.
I
City Council Meeting of December 20, 2005
At the October 25, 2005 meeting of the City Council Street Committee, the street
improvements and the cost share with the developer were discussed. The street
committee agreed unanimously to forward the cost share to the full City Council.
Construction estimates have been provided to the City for these improvements by
Crafton, Tull & Associates, the engineer of record, as follows:
RUPPLE ROAD COST SHARE
Developer's Share $568,610.00
City's Share $307.876.50
Total $896,486.50
PERSIMMON STREET COST SHARE
Developer's Share $512,867.56
City's Share $491,086.94
Total $1,028,954.50
BUDGET IMPACT
Project #02116 (Street ROW / Intersection / Cost Sharing) will be charged the
$798,963.44 necessary for this cost share. A budget adjustment will need to be approved
to compensate for a shortfall of $577,453. This shortfall will be temporarily funded from
the Sales Tax Capital Improvement Fund balance until next year's CIP is approved. At
that time, the 2006 Street ROW / Intersection / Cost Sharing capital project will be
reduced by $577,453.
The final costs to the City will be based upon actual costs as documented by Reserve,
LLC subject to review by the City and may, or may not exceed the submitted estimate.
However, the City's share will not exceed the estimate without additional authorization.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST -SHARE
AGREEMENT WITH RESERVE, LLC IN AN AMOUNT NOT TO
EXCEED $798,963.44 FOR THE WIDENING OF RUPPLE ROAD
AND PERSIMMON STREET ADJACENT TO THE MOUNTAIN
RANCH DEVELOPMENT; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $577,453.00.
WHEREAS, the City Council Street Committee voted to forward to the City Council the
recommendation for a cost share agreement to widen approximately 1,200 linear feet of Rupple
Road to a four -lane boulevard, approximately 1,100 linear feet of Persimmon Street to a three -lane
collector, and approximately 2,100 linear feet of Persimmon Street to a two-lane local street;
WHEREAS, entering into a cost -share agreement with Reserve, LLC and utilizing their
engineer and contractor will avoid the added cost and unnecessary duplication of effort which
would arise from the formal competitive bidding process.
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 finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or
practical, and waives the requirements of formal competitive bidding to approve a cost -share
agreement with Reserve, LLC in an amount not to exceed $798,963.44 for thew" ening of
approximately 1,200 linear feet of Rupple Road to a four -lane boulevard, approxiinat ly 1,i)0 linear
feet of Persimmon Street to a three -lane collector, and approximately 2,100du3e"r feet of Persimmon
Street to a two-lane local street.
Section 2. That the City Council of the
Budget Adjustment in the amount of $577,453.1
PASSED AND APPROVED this 20th
of
DAN COODY, Mayor
approves a
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this December 1, 2005 , by and between the City
of Fayetteville, Arkansas and the Fayetteville School District, Witnesseth:
WHEREAS, Fayetteville Public School District is constructing a new school at the
southwest comer of the intersection of Persimmon Street and Rupple Road.; and
WHEREAS, The school district will be ending an 8" main through the project site to
provide water service and fire protection to the de lopment; and
WHEREAS, it will benefit the City of Fay tteville to upgrade this 8" water main
extension to a 12" main. This upgrade will continue the creation of a 12" water main grid in this
area in accordance with the water distribution master plan.
NOW, THEREFORE, the City of Fayetteville and the Fayetteville Public School
District agree as follows:
Upon the City Council and/or the Mayor approving the Water Main Cost -Share,
the City of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the upsizing
to a 12" water main along Rupple Road.
B. Pay a maximum -not -to -exceed cost of $52,195.00 for the afore mentioned
water main construction as was provided by the Fayetteville Public School
District and made a part of this agreement.
C. Reconsider the costs if the future and actual construction prices exceed the
maximum -not -to -exceed amount that was furnished by the Fayetteville
Public School District. The contractual agreement shall be required to be
reevaluated and re -approved by the Mayor and/or City Council as
appropriate prior to proceeding with construction.
D. Make all efforts to provide payment to the Fayetteville Public School
District within thirty (30) days after receipt of the invoice(s) but cannot
guarantee the thirty day schedule.
2. Fayetteville Public School District agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable water main installation.
B. Provide a copy of the invoice(s) from the Contractor and a completed lien
waiver executed by the Contractor upon acceptance of the water main
installation.
C. Not proceed with the proposed construction unless/until the proposed
contractual agreement is approved by the City Council and/or the Mayor.
3. It is further understood that the contract for construction is between the
Fayetteville Public School District and their Contractor and that the City has no
contractual obligation with either the Contractor or the Engineer. The City's only
obligation shall be to participate in a contractual agreement with a not -to -exceed
amount of $52,195.00 for the water main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE FAYETTEVILLE PUBLIC SCHOOL
DISTRICT A
i /i
DAN COODY, Mayor BOOBY C NEW,' Superintendent
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. City Council Meeting Minutes
August 3, 2004
Page II of 26
The -Ordinance was left on the Second Reading.
ANX 04-1083 (Marinoni): An ordinance confirming the annexation to the City of Fayetteville,
Arkansas of certain property owned by Paul and Suellen Marinoni for property located south of
the Fayetteville Boys and Girls Club adjoining the extensions of Rupple Road and Persimmon
Street containing approximately 78.84 acres. This Ordinance was left on the First Reading at
the July 20, 2004 City Council meeting.
Alderman Jordan moved to
suspend
the
rules and go to the second reading. Alderman
Lucas seconded the motion.
Upon roll
call
the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Jordan asked Dawn Warrick what the situation was with Persimmon Street.
Dawn Warrick said that as properties develop along that master street plan corridor, the
development will be required to install the improvements that are equal to the impact of their
development. A standard improvement is a minimum of a half street improvement adjacent to
the project, however if there is no additional development, there may need to be more than a half
streetimprovement in order to provide adequate driving surface to connect the streets.
Alderman Jordan: Is there plans to go back to the bypass with Persimmon?
Dawn Warrick: Yes sir. The Master Street Plan calls for Persimmon to connect Double
Springs Road at the far western extent of the City and Shiloh Drive which is the outer road along
I-540.
Alderman Jordan: Is that going to be done with this development?
Dawn Warrick: The portion of this development that adjoins it will be developed as this
property is built out. The portion of Persimmon that adjoins it will be constructed.
They continued to discuss the locations of the adjoining property.
Alderman Jordan said that he wanted to make sure that we get Persimmon Road built back to
the bypass because that is important.
- _........---------
____ ------- --------------.----------
F- .
I
Dawn Warrick stated that that is the goal of the staff as well.
Alderman Thiel: We can require that they do the improvements on their side of the subdivision
but you did mention both sides have to be improved and I would like to ask the City Attorney if
that is going to be an issue. If this does progress on down to Shiloh and if the developments are
on one side is the City going to have to basically cost share and do the other side to make these
improvements.
City Council Meeting Minutes
August 3, 2004
Page 12 of 26
Mr. Williams: It depends upon the rational nexus and the impact whether or not we can require
a full road to be built by this developer even if they only owned one side of it. As long as it's
within the rough proportionality of the impact of their development they are going to have much
more of an impact and therefore it could potentially justify them building both sides of the street.
If they only own one side they might still be required to do that constitutionally.
Alderman Thiel: this Parcel that we're looking at right now, we're pretty much being assured
that we will get both sides of Persimmon built.
Dawn Warrick: I don't know that there is anything that I can assure you except that when we
see a development the improvements that are required of that development will be roughly
proportionate to the impact of that development on the adjacent streets.
Alderman Thiel: From looking at this there is not much frontage compared to the
Greenwood/Sloan project.
Dawn Warrick: This is a narrow 80 acre strip however as I mentioned this developer does have
control of approximately 400 acres that extends to the east of the subject property that is under
consideration for annexation right now and they do propose to develop all of that over time and
they understand that our priority is development of the property on the north end which would
include development of their share of Persimmon Street or all of it if that is determined to be
their share as well as the extension of Rupple Road which would adjoin the property to the west.
Alderman Marr expressed his concerns about the width of the roads and he questioned why we
were not cost sharing to make them wider now so that we can handle the traffic that will be there
in the future. He asked what the process was because when these things come through he is
hearing roads that are not necessarily addressing that issue.
Mr. Williams: There will be further discussions after this meeting before this comes up for a
final vote concerning that kind of development and I think you are absolutely correct that this is
the best time to do this kind of planning and construction so you don't interrupt traffic once they
are using the road. I think there is going to be some work in the next couple of weeks that
hopefully will answer some of the issues and questions that you have presented here.
Bob Estes, representing the applicants: With regard to the questions concerning Rupple and
Persimmon currently the site only has access to Rupple Road at the northwest corner of the
property. At the time of development Rupple Road and Persimmon will be constructed by the
developer and will be 'finaled before any building permits are requested. ommissioner Man
referred to some material that you have provided previously, this material shows three points of
ingress and egress to the property that is before you for your consideration. Two of those points
are on Persimmon and one is on Rupple. If there is a request for any building permits that
Persimmon and Rupple will be improved and they will be improved to the Master Street Plan
standards.
fl
City Council Meeting Minutes
August 3, 2004
Page 13 of 26
Alderman Jordan:
the bypass?
So the bottom line here is that Persimmon is going to go all the way back to
Bob Estes: That is correct.
Alderman Lucas: When?
Bob Estes: It will be built and finaled to the City before there is a request for a Building Permit
so before you see any roof tops you will see Persimmon and Rupple from the intersection of
Rupple and Persimmon East.
Alderman Jordan: I can work with that.
Alderman Lucas: When you say the road is going to be completed to the bypass, is it going to
be done next to this 80 acres and then whatever you bring next or are you going to put
Persimmon on through when you fist start building it?
Bob Estes: Your applicants own the
the north by Persimmon. Persimmor
there is a request for a Building Permit
from the bypass to Rupple and it is bordered on
improved and will a linaled to the City betore
Alderman Marr asked staff what width a master street plan collector standard is.
Tim Conklin said 36 feet back curb to back curb.
Alderman Marr asked what an arterial is?
Tim Conklin: Minor arterial is going to be a 4 lane street; 48 feet wide principal arterial has a
boulevard median.
Mayor Coody: 36 Feet is essentially number of three lanes; is that right?
Tim Conklin: I was not able to attend the Street Committee last week but I do believe on the
agenda we did have on there turn lanes at major intersections is that correct, where we talked
about bringing forward a cost share to work with the developments as they come through and put
left turn lanes at the major intersections. That would be Rupple Road and Broyles.
Bob Estes: Your Planning Commission will see an R-PZD on this property and that would be
an appropriate time to discuss and consider some of the issues that we are talking about this
evening.
Alderman Jordan said all I want is the road built to the bypass before we ever build any houses
and you said you were going to do that so I don't have any problems.
Alderman Jordan moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded the motion. Upon roll call the motion passed unanimously.
City Council Meeting Minutes
August 3, 2004
Pagc 14 of 26
Mr. Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4598 as Recorded in the Office of the City Clerk.
RZN 04-1084 (11'Iarinoni): An ordinance rezoning that property described in rezoning petition
RZN 04-1084 as submitted by Bob Estes on behalf of Paul and Suellen Marinoni for property
located south of -the Fayetteville Boys and Girls Club adjoining the future extensions of Rupple
Road and Persimmon Street containing approximately 78.84 acres from R -A, Residential
Agricultural to RSF-4; Residential Single Family, four units per acre. This Ordinance was left
on the First Reading at the July 20, 2004 City Council meeting.
Alderman Jordan moved to suspend the rules and go to the second reading, Alderman
Reynolds seconded the motion. Upon roll call. the motion passed unanimously.
In
1\ Mr_ -Williams -read -the -ordinance. -- -
Alderman Thiel: Whenever Mr. Estes was up here he mentioned this coming through as a PZD,
you meant the other parcel because the rezoning is being considered here so this would not come
through as a PZD.
Bob Estes: It will come through as an R-PZD. What is happening here and the reason for this
rezoning request as follows is that annexations are automatically zoned R -A. The applicant is
requesting RSF-4 rezoning. The reason that I do that and the reason I bring that to you in this
manner is because the 2002 Annexation Policy Guideline for annexations requires that you
consider density and you consider land use and land planning. The only way that you can
consider that issue is that you consider the issue of rezoning because that is density, land use, and
land planning. Your applicant is asking that you give this a rezoning classification of RSF-4.
You will then see an R-PZD for this property.
He. confirmed that the City Council will see this in the future. Healso stated that it is more
probable than not that the density will be less than RSF-4.
Alderman Reynolds moved to suspend the rules and go to the third and final reading.
Alderman Jordan seconded the motion. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
aMayor Coodyasked shall the ordinancepa§s: " Upon roll call the ordinance passed ;` r"
)' tuanimously. — ... ._ ._.... _..
Ordinance 4599 as Recorded in the Office of the City Clerk-
44rcct
City Council Wand & Meeting Minutes
October25, 2005
Page 4 of 9
Alderman Ferrell said he understands the concerns of the Committee, but this has been through
the Board of Adjustment, a neighborhood meeting and the Planning Commission already. He
asked Mr. Sharp how time -sensitive this project is.
Rob Sharp said they have the drawings done and have a tenant. They would like to apply for a
building permit next week. His concern is that College Avenue is such a hot -button item, this
issue could still be alive six months from now and by then the opportunity for this project could
be lost. Waiting a couple of weeks wouldn't be a problem but six to eight weeks would.
Ron Petrie asked Mr. Sharp if there is a reason why the request is for 30 feet of right-of-way as
opposed to 35 feet.
Rob Sharp said an amendment to that affect would be fine with his client. He would rather have
35 feet now than 30 feet six weeks from now if that is the issue. He mentioned that, if there is no
objection from the Committee, they might be able to pursue the building permit with the canopy
left off, with the understanding that they can come back once the design for College Avenue is
firmed up since the building permit process also takes time.
Alderman Ferrell made a motion that the issue be sent to the full Council for discussion
without recommendation from the Street Committee. Alderman Marr seconded the motion and
it passed unanimously.
4. Discussion of a proposed cost share with the Fayetteville School Systems and Reserve,
LLC (Terminella & Associates) to widen Rupple Road to a four lane boulevard and to
widen Persimmon Street to a Collector Street.
Ron Petrie said this is a proposed street cost share with both Terminella (Reserve LLC) and the
Fayetteville School system for two different roads. He discussed the Rupple Road portion of the
proposal, identifying which portion of the road would be paid for by each of the three
participants (Reserve LLC, Fayetteville Schools and the City). The City of Fayetteville's portion
would be a little over $277,000. He then discussed the cost share division for the Persimmon
Street portion of the proposal. The City's portion of the cost for this project would be $534,375.
The total for both portions (Rupple and Persimmon) is $812,220 for the City's portion. The
school's portion would be $308,915 and Reserve, LLC's portion would be $805,000.
Gary Dumas commented that these costs are estimates. If the Street Committee approves this
item, we will need to look even more closely at how the costs are allocated. The information
presented at this time includes unit quantities and costs figured in bulk. As we look at more
detail, some of the costs may be adjusted downward.
Alderman Marr said when this development was before the Council, he understood the
developer was going to build the collector road.
Tom Terminella of Terminella & Associates said that at the Aug. 4, 2004 Council meeting Mr.
Estes indicated that they would "construct" the road once it was understood what improvements
needed to go in. In most cities, they construct roads that adjoin the boundaries of their project
and cost share with the municipalities. In no part of the discussion was it indicated that they
would provide all the right-of-way, engineer, construct and pay for the entire improvement as
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
accessfayetteville.org
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City Council .!n t* Se ..!. Meeting Minutes
October 25, 2005
Page 5 of 9
shown on the Master
Street
Plan. At a meeting a few weeks ago, his group, Alderman Jordan
and staff met to listen
to the
tape of the meeting to make sure what was said at that meeting since
people seemed be operating
on different assumptions. He
said that his company will construct
the improvement and
would
respectfully ask for the City to
cost share as is a common practice in
every municipality in
which
they work.
Alderman Jordan said he does have the tape of the meeting where this was discussed if any of
the Committee members would like to view it.
Ron Petrie said there are two separate issues. One is what was perceived to be promised at the
meeting and the second is the staff recommendation. The staff recommendation is not based on
the perceived promise, but is based on a purely rational nexus approach of who should pay for
what. In response to a question from Alderman Ferrell he said the money for the City's portion
of the cost share would come from for the City's street cost -share fund for next year if that fund
is approved in the CIP budget.
Alderman Lucas said it was her understanding that the road would be built by Mr. Terminella.
However, we have to have the road because of the school and the Boys & Girls Club. She has
learned something from this situation and will be more careful of choices of words in the future.
Alderman Marr said he doesn't think we can have a school there and not build the road as
specified. But regardless of semantics, he feels like it was presented one way and we are ending
up with something different.
Tom Terminella said he is constructing and cost sharing a half a dozen improvements with
seven different cities right now. He made certain assumptions based on his experience in this
area. He said he would have clarified immediately if anyone had said anything about paying for
and constructing the improvement. He doesn't want words put in his mouth or it to be thought
that he said one thing and meant another. All the words were spoken carefully that night but
nobody nailed it down. He is now suffering the consequences of that. He does not want his
integrity or character to be questioned. He is sorry for any misconceptions, but he always
assumed it would be a cost share. He hopes that it will be spoken more clearly in the future.
Tim Conklin, in response to a question from Alderman Ferrell said it was his assumption from
the meeting that the developer was paying for the street. With regard to the size of the
development, length of street and the fact that it is a collector street, City policy has been to cost
share the center turn lane. So this does follow our policy.
-rAlderman Ferrell moved to accept staffs recommendation to participate in a cost share and
move the item forward to Council Alderman Reynolds seconded the motion. The motion
passed unanimously.
5. Presentation from McClelland Engineers of a progress report for the Kings Drive
Reconstruction Study.
Ron Petrie said he thought it was appropriate to update the Committee on the progress of this
item.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WEIITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
CC: Tim Conklin, Planning & Development Management Director
Jeremy Pate, Director of Current Planning
FROM: Kit Williams, City Attorney
DATE: December 20, 2005
RE: Terminella's additional (early) commitment
to dedicate right of way for Rupple Road
As part of the consideration offered by Mr. Terminella and his co -
owners to clear up any question that the City might have to buy right of way
for Rupple Road with Road Bond funds (if the adjoining Mountain Ranch
phase is not yet developed), Mr. Terminella has agreed to a dedication of
this additional right of way at no cost to the City.
Attached to this memo is a copy of this Agreement requested by the
City and signed by Mr. Terminella. It would be advantageous to the City to
secure this type of commitment from all the other landowners/developers
along the Rupple Road corridor as shown on the Master Street Plan to ensure
no tax dollars will have to be used to pay for right of way when Rupple
Road is built to boulevard standards south of Persimmon to Sixth Street.
Just as Mr. Terminella and the Fayetteville School District are cost
sharing with the City to build the first section of Rupple south of
Persimmon, developers bringing in developments abutting the future Rupple
I
Road should also cost share with the City to extend Rupple as a boulevard
toward Highway 62 (Sixth Street).
Clarice Pearman - Re: Terminella Page 1
From: Kit Williams
To: Pearman, Clarice
Date: 12/21/05 5:37PM
Subject: Re: Terminella
This is tied to the cost share agreement currently before the City Council and only become operative if the
cost share is appproved by the Council.
Kit Williams, Fayetteville City Attorney
(479) 575-8313
FAX (479) 575-8315
113 West Mountain
Fayetteville, AR 72701
>>> Clarice Pearman 12/21/05 12:41PM >>>
Kit,
I received the agreement to dedicate land to the city by Terminella. I was wondering what this should
attach to. There are several Mt. Ranch rezonings in May 2005 and August 2005. Please let know before I
get the mayor and clerk's signatures if I need to attach it to a rezoning or if I enter it as an item on its own.
Thanks.
Clarice
From: Clarice Pearman
To: Petrie, Ron
Date: 1/23/06 4:01 PM
Subject: Ord. 4819
Ron,
Attached is a copy of the resolution passed by City Council January 17, 2006. I will forward to you via
interoffice mail one of two original agreements. I will also forward to Budget & Research the budget
adjustment.
CC: Bell, Peggy; Deaton, Vicki
Clarice Pearman - Fwd: Ord. 4819 Page iii
From: Clarice Pearman
To: Fell, Barbara
Date: 1/23/06 4:05PM
Subject: Fwd: Ord. 4819
>>> Clarice Pearman 01/23/06 4:01 PM >>>
Ron,
Attached is a copy of the resolution passed by City Council January 17, 2006. I will forward to you via
interoffice mail one of two original agreements. I will also forward to Budget & Research the budget
adjustment.
�, • • 'I • a (�4 ; i ► 1 ►
AFFIDAVIT OF PUBLICATION
I, Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to the files of said publication, that advertisement of:
41/9 was inserted in the regular editions on
O#
** Publication Charge: $ /07 3/
Subscribed and sworn to before me
_,�_ day o 91ML12. 2006.
Notary PublicSharlene D. William AN Of
Notary Public or
My Commission Expires: State of Arkansas RESEP
661,3
My Commission EXpi THE M
October 2
18, 014 WHEREAS lire City Council Street CmlMnse voted to forward to the City Council he recomrtren-
'" Please do not pay from Affidavitdation for a cost share agreemenlm widen approximately 1, linear feet p Ruppe Road tonfour-
lane boulevard, approximately 1.100 linear feet of Persirrxoon Street to a three -lane collector, and
L. approximately 2,100linear feet of Persirrvrxw Street to a two-lane local street;
An invoice will be $ant. WHEREAS, entering into acost-share agreement w th Reserve. LLC and utilizing their engineer
and contractor will avoid the added cost and unnecessary duplication of effort which would arise
from the formal canpetitive bidding process.
NOW, THEREFORE. BE R ORDAINED BV THE QTY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARNANBABr
)RDINANCE NO.4819
1L PTHE REQUIREMENTS w 3A TI 1 /,
,L COMPETITIVE RIDDING AND (G, CV: 1C
A COST -SHARE AGREEMENT WITH
-C IN AN AMOUNT NOT TO EXCEED
FOR THE WIDENING OF RUPPLE ARKANSAS
PERSIMMON STREET ADJACENT TO
AIN RANCH DEVELOPMENT
RECEIVED
JAN30 0 2116£
CITY OF FAYErrEVILLE
CITY CLERK'S OFFICE
Section 1. That the City Council of the Ciq
stances constitute an exceptional situatia
and waives the requirements of fame) con
Reserve, tic in an font n04 to exceed
ear feet of Rupple Road to a fur -lane boo',
to a three -lane collector, and approximatestreet.
Ia, Arkansas hereby finds that such Cimum-
petAive bidding is not feasible or practical.
ing to approve a cost -share agreement with
for the widening of approximately 1,2001in-
MID APPROVED this 17th day of January. 2006,
9y:
DAN COODY, Mayor
ATTEST:
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVII I E, ARKANSAS 72702 • (501) 442-1700
Clarice Pearman - Re: Reserve LLC Page 1
From: Clarice Pearman
To: Casey, Matt
Date: 2/21/06 5:00PM
Subject: Re: Reserve LLC
Matt,
Just a reminder that I am waiting for a signed agreement with Reserve LLC from the January 17, 2006
City Council meeting. Please let me know when I might receive this item to continue processing the
ordinance.
Thanks.
Clarice
CC: Petrie, Ron; Smith, Sondra
Clarice Pearman - Reserve LLC Page 1
From: Clarice Pearman
To: Casey, Matt
Date: 3.16.06 12:05PM
Subject: Reserve LLC
Matt,
Please let me know when I might receive a signed agreement from Tom Terminella. This item has been
waiting since 17th of January, 2006. Thanks.
Clarice
CC: Petrie, Ron; Smith, Sondra
From: Clarice Pearman
To: Casey, Matt
Date: 3.21.06 2:55PM
Subject: Ord. 4819
Matt,
Attached is a copy of the above ordinance passed by City Council, January 17, 2006. I have also attached
a copy of the agreements that go along with this ordinance.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki