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HomeMy WebLinkAboutOrdinance 4944 ORDINANCE NO. 4944 AN ORDINANCE WAIVING THE REQUIREMENTS OF §34.27, CODE OF FAYETTEVILLE AND APPROVING A REAL ESTATE SALES CONTRACT WITH HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC. IN THE AMOUNT OF $ 152,000 FOR THE PURCHASE OF EIGHT ACRES SOUTH OF HUNTSVILLE ROAD AND SEVEN HILLS TRANSITIONAL HOUSING; AND DESIGNATING A PORTION OF THE REMAINING ACREAGE SOUTH AND EAST OF THIS PARCEL AS PASSIVE GREENSPACE OR PARKLAND 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 waives the requirements of § 34.27, Code of Fayetteville, and approves a Real Estate Sales Contract with Habitat For Humanity Of Washington County, Inc. in the amount of $ 152,000.00 for the purchase of eight acres south of Huntsville Road and Seven Hills Transitional Housing. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof The Engineering and Planning Divisions may authorize credits to Habitat against the purchase price for the fair value of storm water management features in excess of normal code requirements and educational demonstration projects to spur innovation and increased efficiency for other developers in the storm water management area. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby designates a portion of the remaining acreage south and east of this parcel A passive greenspace or parkland to be developed after consultation among Habitat for Humanity of Washington County, Inc. , the City Parks Department and the Parks and Recreation Board. A portion of the consideration to purchase the eight acres may include design and development of this parkland by Habitat and its development partner. Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute said contract with Habitat for Humanity of Washington County, Inc. 000MI"' a, ``���•G�ERI0, 0 0 PASSED and APPROVED this 7h day of November, 2006. G�SY 0,e. Ci APPROV D: ATTEST: = eFAYETTEVILLE ; e, 64 6 eee ' wee;11 'GTON �� �6 By By: � � "1uuuuu0a DAN COODY, Mayor SONDRA SMITH, City Clerk peb 7 /iO6 CITY ATTORNEY AGENDA REQUEST y�ely AblyW 4r FOR: COUNCIL MEETING OF NOVEMBER 7, 2006 FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance Waiving The Requirements Of §34.27, Code Of Fayetteville And Approving A Real Estate Sales Contract With Habitat For. Humanity In The Amount Of $ 152,000 For The Purchase Of Eight Acres South Of Huntsville Road And Seven Hills Transitional Housing; And Designating A Portion Of The Remaining Acreage South And East Of This Parcel As Passive Greenspace Or Parkland APPROVED FOR AGENDA: �T ✓t%1 City Attorney Date Mayor Date - Iboe Gary Dum s Date /v - /6 06 Tim Conklin Date i FAYETTEVILLE THE CITY OF FAYFTTFVIIIE, ARKANSAS KIT WILUAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATroRNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor City Council CC : Tim Conklin, Planning & Development Management Director Ron Petrie, City Engineer Gary Dumas, Director of Operations Paul Becker, Finance Director FROM: Kit Williams, City Attome 4 DATE: October 16, 2006 RE: Sale of 8 acres of city-owned property south of Huntsville Road to Habitat For Humanity Mayor Coody and Tim Conklin have been working with Patsy Brewer and Jim Culberson of Habitat For Humanity in an attempt to create an innovatively designed, ecologically friendly, affordable housing development in Fayetteville. The Fayetteville City Council has always been a strong supporter of Habitat For Humanity and its work to provide truly affordable housing for those willing to invest their own "sweat equity" in their house. The University of Arkansas Community Design Center is now partnering with Habitat in an effort to provide a demonstration project for innovative stormwater management techniques and creative home designs. Aaron Gabriel is the Project Director and will be applying for grants to help maintain the truly affordable nature of this Habitat development. On January. 16, 2001 , the City of Fayetteville purchased about 19 acres of land south of Huntsville Road to save money the City would otherwise need to spend on drainage and stormwater management problems. This land had been appraised by Mark Risk for $ 158,000.00. The City purchased it for $ 151 ,000.00. As you remember, the City has entered into a 99 year lease with Seven Hills Homeless Center for about 3 .5 acres of this property. That transitional housing development is about to occur although the private drive from Huntsville Road to the Seven Hills' property probably needs to be upgraded to city street standards to access the remaining city property (including the 2.2 acres leased to Sage House). Although the City purchased this property for about $8,000.00 per acre in 2001 , property values have increased dramatically in the ensuing five and a half years. The City must legally obtain fair value for its taxpayers from the sale of any of its property. However, the City Council is granted wide discretion by the Court to determine this fair value. We sold more desirable land to the Peace at Home Shelter for $30,000.00 per acre a year or so ago. We also sold more valuable land south of Persimmon to private developers for about $31 ,000.00 per acre on October 18, 2005 . The parkland ordinance has set the city-wide money in lieu of land cost at $40,000.00 per acre. However, we continue to sell industrial parkland for only $20,000.00 per acre. The U of A and Habitat need to be the contractual owners of this property by early November in order to apply for a large grant to finance their design work for this proposed development. We could not get a new appraisal done nearly quickly enough to allow the U of A to apply for this grant. Since the City Council may reasonably determine the fair value of city property without formal appraisal, I suggest the value of the eight (8) acres sought by Habitat For Humanity should be set at $ 19,000.00 per acre. Although this is considerably less than our recent sales to other entities and the $40,000.00 average value agreed upon for money in lieu of dedicated parkland, it is close to the price of the nearby industrial parkland and constitutes an increase of 137% over what we paid per acre less than six years ago. Computing out this figure makes the total sale price for eight acres to be $ 152,000.00 which is $ 1 ,000.00 more than what the City paid for all nineteen acres in 2001 . I believe this figure is very fair to Habitat and will help them provide affordable housing while also ensuring our taxpayers receive their legally required fair value for their property. Attached is Ed Connell ' s memo of January 5, 2001 , recommending the 19 acre purchase for $ 151 ,000.00. Mr. Connell notes this 19 acres could have many valuable purposes for the City including: " 1 . Future parkland . . . . 3 . Lands for affordable residential development . . . (Habitat For Humanity) or 5 . The City could sell the land . . . and recover a portion or all of the cost . . . ." All three of these anticipated purposes for this 19 acres could be accomplished by this sale to Habitat and dedication of at least the most southern remaining portion as a neighborhood park. This is in addition to the Seven Hills and Sage House leased parcels for transitional housing and an area east of the leased parcels for possible additional development or parkland. Attached is a map which shows the leased parcels. The eight acres needed by Habitat all lies south of the Sage House leased parcel. Also attached is the proposed ordinance and Real Estate Sales Contract with Habitat For Humanity. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF §34.27, CODE OF FAYETTEVILLE AND APPROVING A REAL ESTATE SALES CONTRACT WITH HABITAT FOR HUMANITY OF WASHINGTON COUNTY, INC. IN THE AMOUNT OF $ 1529000 FOR THE PURCHASE OF EIGHT ACRES SOUTH OF HUNTSVILLE ROAD AND SEVEN HILLS TRANSITIONAL HOUSING; AND DESIGNATING A PORTION OF THE REMAINING ACREAGE SOUTH AND EAST OF THIS PARCEL AS PASSIVE GREENSPACE OR PARKLAND 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 waives the requirements of § 34.27, Code of Fayetteville, and approves a Real Estate Sales Contract with Habitat For Humanity Of Washington County, Inc. in the amount of $ 152,000.00 for the purchase of eight acres south of Huntsville Road and Seven Hills Transitional Housing. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. The Engineering and Planning Divisions may authorize credits to Habitat against the purchase price for the fair value of storm water management features in excess of normal code requirements and educational demonstration projects to spur innovation and increased efficiency for other developers in the storm water management area. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby designates a portion of the remaining acreage south and east of this parcel as passive greenspace or parkland to be developed after consultation among Habitat For Humanity Of Washington County, Inc., the City Parks Department and the Parks and Recreation Board. A portion of the consideration to purchase the eight acres may include design and development of this parkland by Habitat and its development partner. Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute said contract with Habitat For Humanity Of Washington County, Inc. PASSED and APPROVED this 7"' day of November, 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk REAL ESTATE SALES CONTRACT 1 . The City of Fayetteville, Arkansas offers to sell and Habitat For Humanity Of Washington County, Inc. (hereinafter Habitat For Humanity) offers to buy, subject to terms and conditions set forth in this contract, approximately eight (8) acres more particularly described in Exhibit " 1 " attached hereto and made a part hereof. SEE ATTACHED EXHIBIT " 1 " FOR PROPERTY DESCRIPTION 2. Purchase Price: Subject to the following conditions, Habitat For Humanity shall pay for the property One Hundred Fifty-Two Thousand Dollars ($ 152,000.00). One Hundred Thousand Dollars ($ 100,000.00) shall be due at closing. The remaining Fifty-Two Thousand Dollars ($52,000.00) shall be subject to credits authorized by the City Engineer and the Planning and Development Management Director and shall be due prior to the issuance of the first building permit for any lot developed upon this property. 3 . Conveyance will be made Habitat For Humanity by General Warranty Deed, except it shall be subject to recorded instruments and easements, if any, which do not materially affect the value of the property. 4. No title insurance shall be required of the City of Fayetteville for this sale and conveyance. Habitat For Humanity may request and pay for title insurance at its option. 5 . The City of Fayetteville agrees to allow Habitat For Humanity, at Habitat For Humanity's expense, to survey the property. 6. Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville. General taxes, ad valorem taxes and special assessments shall be prorated as of closing. 7. The closing date shall be within one hundred eighty ( 180) days after approval of this Real Estate Contract by the City Council, which can be extended by agreement of the Mayor for an additional sixty (60) days. If such date of closing falls on a weekend or holiday, it will be held the following working day. 8. Possession of the property shall be delivered to Habitat For Humanity on the date of closing. 9. The City of Fayetteville hereby grants permission for Habitat For Humanity or its designees to enter the above described property and improvements for the purpose of inspection and/or surveying. 10. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by the City of Fayetteville. 11 . The City of Fayetteville shall disclose to Habitat For Humanity any and all environmental hazards of which the City of Fayetteville has actual knowledge. 12. Habitat For Humanity Of Washington County, Inc. agrees to develop this parcel into at least twenty (20) lots to be used for its affordable housing projects in conjunction with the University of Arkansas Community Design Center. Habitat For Humanity further agrees to assist the U of Ain applying for and complying with grants to make this project more affordable for the future homeowners. Habitat For Humanity shall employ advanced ecological storm water management development techniques and require its homeowners to properly maintain all such ,facilities pursuant to non-amendable restrictive covenants. 133 Habitat For Humanity Of Washington County, Inc. agrees to develop this eight acre parcel as a Planned Zoning District so that the Planning Commission and City Council can review and approve the design of the subdivision and the proposed innovative designs of the houses. 14. The City of Fayetteville and Habitat For Humanity agree that the benefits to the City of Fayetteville of the advanced stormwater management techniques employed on this site (both for control of stormwater and drainage and as demonstration projects for the benefit and education of other developers) should form a portion of the compensation for this purchase and designate the City Engineer and the Planning and Development Management Director to ascertain and determine the fair market value of these services which shall reduce the amount owed on the purchase price of this eight acre parcel. 15 . This agreement shall be governed by the laws of the State of Arkansas. 16. This agreement, when executed by both Habitat For Humanity and the City of Fayetteville shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. CITY OF FAYETTEVILLE HABITAT FOR HUMANITY OF A Municipal Corporation WASHINGTON COUNTY, INC, By: 4t By: DA O PATSY BR ER Mayor Executive Director Date: I / Date: /0 �Z5 D Attest: G/� Agent or Witness: eM U✓ Af)AA 11Al C Sondra Smith, City Clerk Date: l i' / I �,Dl� Date: 2 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Patsy Brewer to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is the Executive Director of Habitat For Humanity Of Washington County, Inc. and is duly authorized in her respective capacity to execute the foregoing instrument for and in the name and behalf of the corporation, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 90 kday of October, 2006. P ,W'N�B Q . . . Rq Notary Public ss • c My Commission Co80 00 nmmission Expires: � �i %'Q�;� ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Dan Coody and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. -4h WITNESS my hand and seal on this S day f Octo er, 2006. 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I t a= e r : to, fTl ; sv t oo Vo to Vp rig zv N ,y�n+er D -ft y Ow I or 4 . or Ie } . yet . * x+; r' '+t. �' F -."K�x«+ tot ��` _. w t afi - If ov <��✓ ' + (iL' X ,y �'. fr(f4,7Pr'yrp7� ¢ }# too v IJ _ ffff ''i'f r k. v " .` �bt y yto .�nr�` p ry e 5 „s t k lo e.a .� 9� .6 3 Y �t+i 41 1 5 A �E� � R t 444 ob 3��IAS1NnH '� 't• + "T'#i r to 'It i; if' 'F "or to Ir, r.'v'8R �' �'.&? ..It tl"yt' �Y:;1f x '✓r r'.�15.1 $,;.; ,, ' A^{+".. , btf'b.F" :tu. 3,)ya �, FA�'ET �E" LLE ME CITY OF FAYMEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: January 5, 2001 TO: Fayetteville City Council THRU: Dan Coody, Mayor John Me ' , Alm ms' trat e ces Dkedor. Don Bunn, ' a Public Works Director Jim Beavers, City Engineer FROM: Ed Connell, Land Agent RE: 18.88 Acre Barker Property Purchase Huntsville Road, Fayetteville Pt. E'/s-NW'/4-22-16-30 Over the past two-three years, the city has undertaken a major drainage project for controlling storm water from the SE side of Mt. Sequoyah, between Huntsville Road and 15'" Street. The project included drainage resolution across portions of properties owned by William H. Barker Oils heirs at the current time) and Charles Combs. The initial project envisioned open ditch over the northern portion of the project and pipe along the southern portion. Anticipated cost of the initial project was approximately i $180,000 to $200,000. While Mr. Combs was willing and did provide the city with easements to construct the system along his property, the heirs of William H. Barker were not satisfied with the plans to pull open ditch along a major portion of their property. They further claimed that the city's approval of a subdivision development to the east discharged additional waters on their property which caused irreparable damages in the southern part of that property. They claim that they were never notified, until after the fact, that a subdivision (Cedar Point S/D) was being considered adjacent to their property. They fiuther claim that had they known of the development, they would have made their presence known to ensure adequate and proper handling of storm drainage. They blame the city for their property damage and have, on occasion, threatened to file suit. Their solution was to run pipe 36"- 48" all the way north to the outlet pipe of the subdivision. It is estimated that to do the project as they desired would cost an additional $200,000. E; This project made little or no progress overthe next year as the city was unwilling to commit to the additional expenditure and the Barker heirs were unwilling to provide the city with casements. When Mr. Barker passed in 1999, the heirs decided to sell the property (18.88 acres). An offer and acceptance was signed with a third parry for $151,000 or $8,000/ acre. When this transaction did not materialize to a final stage, the property came back on the market. As noted from the above discussion, the additional cost of the drainage project exceeded the cost of the land and it was prudent that the city consider the purchase thereof. Fayetteville City Council Barker Property Purchase Agenda Memo Page 2 of 2 The city can purchase the almost 19 acres for less money than would be spent to install the piping along the east line of this property. By purchasing the property , the city can implement the open ditch system that the city engineers believe adequate for this drainage system now or in the future and at the same time eliminate the possibility of a law suit. If the property is sold to a third party, that party is going to expect the drainage situation to be resolved by the city just as if the Barker heirs still own same. The city has offered $151 ,000 for the property and the owners have accepted this offer (see attached O & A contract). The city has had the property appraised by Mark Risk: $158,000 was his estimated market value. This represents almost 19 acres of reasonable to good land within the city limits, with water and sewer available, for a value of less than $10,000 per acre, which is a good deal for almost anything within the city limits. If the city were to acquire the land; (1) The city could eliminate the need to spend about $200,000 or ''/z the cost of the drainage project. (2) The drainage project itself could be forestalled to some future date when city departments could be in a position to do the work itself at a much lower cost to the city. (3) Once the project is completed, there would be a considerable savings in the cost of the project and the city would have 19 acres of prime land for any and all kinds of purposes, i.e., 1 . Future park land for soccer or ball fields. 2. Land for growing trees, 3. Lands for affordable residential development on the north side of said property (Habitat for Humanity). 4. Lands for future city divisions locations, or 5. The city could sell the land within a couple of years and recover a portion or all of the cost of the drainage project. (4). This property is zoned R-1 residential and has access to/from Huntsville Road. Parks & Recreation have considered the possible purchase of the American Legion baseball field off of Curtis Ave. This 5 acre tract, while being used for baseball purposes, could also provide an access route to the south part of the subject property. This other acquisition can be incorporated as required and/or finances are available. It is the recommendation of the staff that it makes sense for the city to take advantage and acquire the subject property at this time. THE REAL ESTATE CONSULANTS • REALTORS • APPRAISERS • CONSULTANTS • November 20, 2000 Mr. Ed Connell City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RE: Appraisal Services Dear Mr. Connell: Barker Property 1033 E. Huntsville Rd., Fayetteville, AR Appx. 18.61 Acres 116 N. East Ave. P.O. Box 726 Fayetteville, AR 72702 Phone (501) 442-0762 In compliance with your request, and for the purpose of estimating the Market Value of the above captioned property, I hereby certify that I have personally inspected the property and made a survey of matters pertinent to the estimation of its value. The intended use of this appraisal is for purchase evaluation purposes of the City of Fayetteville. I further certify that I have no interest, present or contemplated, in the property under appraisement, and that the fee was not contingent upon the value estimate reported, nor based upon a percentage of the appraised value. The following narrative appraisal report contains the data gathered in the investigation, and shows the method of appraisal in detail. The report has been prepared in conformity with the Unitbrm Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation. This is considered a Complete Summary appraisal report. Based upon the inspection of the subject property and the investigation and analysis carried out in this report, it is the considered opinion of the appraiser that the Market Value of the property as of October 27, 2000 and subject to the assumptions and limiting conditions set forth within the body of this report, is as fbllows: ONE HUNDRED FIFTY EIGHT THOUSAND DOLLARS ($158,000) General Appraiser #CG0202 fl RESOLUTION NO. 5-01 1 SCANNED A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND ROSIE DORSEY, RO WIE HOWARD, WILLIAM BARKER AND ALICE McCLELLAND FOR THE PURCHASE OF 18.88 ACRES OF LAND OFF HUNTSVILLE ROAD IN THE AMOUNT OF $151,000 PLUS ASSOCIATED CLOSING COSTS WHERE APPLICABLE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves an Offer and Acceptance Contract between the City of Fayetteville and Rosie Dorsey, Rowie Howard, William Barker and Alice McClelland for the purchase of 18.88 acres of land off Huntsville Road in the amount of $151,000 plus associated closing costs where applicable. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16th day of January . 2001. APPROVED: By: Charles D. Coody, Mayor ATTEST: By: d / '447 Heather Woodruff, ) i dl 1• ' • Habitat for Humanity® of Washington County Building houses, building hope EXECUTIVE DIRr_CTOR October 4, 2006 Patsy S. Brewer BOARD OF TRUSTEES To: Tim Conklin JR. Ball From: Habitat for Humanity of Washington County Keith ThXOn Contact: Patsy Brewer, Executive Director tress Ed Frco Mike jolmson 479-575-9696 Jan Judy Doug Kuntz Project: Tounny Lewis Toinni Pedrins Plan and develop a green neighborhood demonstrating Ellen Roberts urban low impact technologies that protect streams from Fred Sherte Jess Smith pollutions from urban development. Joel Tittel Tom Verderwallney Habitat agrees to show this demonstration project to Mike \C'allner other area developers. ADVISORY BOARD Don Barer rlaaglr Brewer The environmental project that will also include a 20-24 Ted Brewer residential development. Myron Brody George Butler Jim Foster The project is in collaboration with the University of Rebecca Garner Arkansas Community Design Center and the Ecological Tamara Gann°"` Engineering Group. The project will be similar to the Darin tray ncnvAim Greenwood award winning environmental project CDC designed for Joan Jolmson Habitat for Humanity of Benton County (the first Bev Lewis john Lewis ecological Habitat build site in the United States). Joa'ma Newman Kim O'Dell Proposal: to swap services. joluuny Qhdnn Bill Ramsey HFH-WC will provide engineering, design and water Nea Shipley quality management in trade for a portion of the city Larry Simpson owned roe on Huntsville Road. p p Barbara Taylor Jim. Taylor Fred Vorsanger Funding: $600,000 Peny Webb $350,000 Environmental grant (design and John White infrastructure) $250,000 Private donations/grants Arvest Bank is the interim financial source 419 W Rock #2 PO Box 1863 Fayetteville, AR 72702-1863 The project has the full support and endorsement of the Habitat (479)575.9S96 for Humanity of Washington County Board of Trustees (479) 575.0065 www.habitatvasheoar.org ilies and Commcommunnies in need together Bringing families with volunteers and resources to build decent, affordable housing UA�UNIVERSITYOFARKANSAS CM COMMUNITY DESIGN CENTER 104 North East Avenue Fayetteville, AR 72701 phone 479-575-5772 fax 479-575-7045 http://uacdc.uark.edu outreach center of the school of architecture October 4, 2006 Patsy Brewer Executive Director Habitat for Humanity of Washington County Fayetteville, AR Habitat for Humanity of Washington County: Arkansas Natural Resources Commission Demonstration Project The University of Arkansas Community Design Center in association with the university's Ecological Engineering Group is applying for a $350,000 grant to plan and design a demonstration Low Impact Development (LID) for Habitat for Humanity of Washington County. The Arkansas Natural Resources Commission is accepting grant application for nonpoint source (NPS) pollution demonstration projects, due November 17, 2006. The primary purpose of the grant is to plan a green neighborhood demonstrating urban LID technologies that protect streams from NPS impact from urban development. The model development will showcase new technologies in stormwater management that enhances affordability while improving environmental functioning. Project planning for this 8 -acre residential development will provide model templates consisting of green streets, retention meadows, bioswale systems, pervious surface parking, natural-scaped yards, and other stormwater facilities as a contiguous neighborhood infrastructure. We will also develop a project publication illustrating new techniques in urban LID technologies. Our proposal for green street implementation will parallel the successful local Green Street program developed in Portland and the Street Edge Alternative (S.E.A. Streets) program pioneered in Seattle. The project publication will illustrate: 1) principles of green streets and related urban LID technologies, 2) implementation procedures, and 3) LID applications in the Fayetteville Habitat for Humanity project. Should our grant application with the Arkansas Natural Resources Commission not prove successful, we will pursue other grant programs. Sincerely, Stephen Luoni, Director J J. Randy Young, PE Executive Director Arkansas Natural Resources Commission 101 East Capitol, Suite 350 Little Rock, Arkansas 72201 http://www.atrc.arkansas.gov/ Phone: (501) 682-1611 Fax: (501) 682-3991 E-mail: anrc®arkansas.gov Memorandum To: Nonpoint Source Support Group and Other Interested Parties From: Tony Rams) Date: August 22, 2006 Re: Request for FY 07 Section 319(h) Grant Applications Mike Huckabee' Governor CEIVED 0 2 8 200fi _ rl( c The Arkansas Natural Resources Commission (ANRC) will be accepting Grant Applications for nonpoint source pollution (NPS) management projects until the close of business, Friday, November 17, 2006. If you are not the individual responsible for making grant requests, please forward this to the proper individual in your organization. Projects for consideration will be those that fulfill milestones as stated in the "Arkansas Nonpoint Source Management Program, 2005 - 2010 Draft". Priority will be given to projects that implement BMPs that have a direct Impact on reducing nonpolnt source pollution in the state's eight priority watersheds (see attached map) and/or in a watershed In which a nonpoint source TMDL (excluding Mercury) that has been prepared by the ADEQ. In addition to these requirements,. projects are to be proposed on the 12 -digit Hydrologic Unit Code (HUC) scale, address land adjacent to a nonpoint source -related 303(d) listed waterbody, and have a monitoring component. Education/Outreach projects will not be considered as a priority for the FY 2007 grant cycle. Only complete Grant ApplIcations will be accepted. Furthermore, all Grant Applications must identify a cause(s) and source(s) of nonpoint source pollution within the respective watershed's project area. Load reduction modeling information should be included In the project workplan. Please contact the NPS staff for modeling requirements and modeling assistance no later than October 2, 2006. Those applicants who fail to contact the NPS staff after October 2nd will receive the lowest modeling assistance priority. Applying for a grant does not guarantee funding of the request. At this time the EPA Final Guidance for the FY 07 grant cycle has not been received. Changes from the procedures of past years are anticipated. Any changes will be sent immediately to those who have contacted the NPS staff. An Equal Opportunity Employer A Grant Application at a minimum will consist of the following: • a fully developed, approvable workplan with specific targets defined, a tracking mechanism to quantify results, specific timeline in which task or activities are to be completed, • estimated cost per task, complete budgets, justifications and financial audit requirements • model, and/or methodology for estimating NPS pollution reduction, control or abatement Grant Applications must be submitted by the close of business, November 17, 2006. Starting September 5, 2006, the NPS staff will be available to work with and advise applicants in the preparation of their Grant Applications. Applicants are required to contact the NPS staff no later than October 2, 2006. Applicants that fail to contact the NPS staff may receive the lowest funding priority. Demonstration projects must Include a technology transfer element that will result In extensive implementation of conservation practices or best management practices. Research is not eligible. Applications are available from the NPS staff or by calling (501) 682-3901. Electronic submittal will be accepted provided such application Is submitted In MS Office (2000 or later) format. If the submitted file is not compatible with the ANRC's software, it will be the applicant's responsibility to provide a suitable format Applications received by the ANRC after the close of business November 17, 2006 will not be considered for the FY 07 grant cycle. The ANRC requires that section 319(h) grant recipients provide non-federal match in the amount of 43% of the entire project costs. In other words, for a project with a total cost of $100,000, the recipient will be required to provide $43,000 in non-federal funds or in -kind services. The amount of federal funds available for our example grant would be $57,000. Funds and services used as match shall not be utilized as match for any other federal grant program and shall not in any way be paid by federal funds. Should you have questions or need additional information contact the NPS staff or your Land Resource Specialist. Cc: 3. Randy. Young, P.E. Earl Smith, P.E. Kara Alexander, USEPA Attachments: NPS Priority Watersheds/Project Officer Regions Map An Equal Opportunity Employer rY ! I ru 1 y.r4l W �1 � ♦ arF ,{�� Futton � nng � °U h. p• }! C° Sr :s nx aq }. o j �x 11Y53[* .A' !i. ff tDb 1 '�. 'r,S d�.y55j _3 � : � u ?[ F Qir 'i Rrver � �..atE Rr �y ��✓ fj 2 1 �'�s r yn�Y' ! .� N 1 ..9'1' I a IO i a{ ri }. n arc s 1 r r� r i _. a i ' � �1 yrsva ��� 1`I —t F rrdr^_ ry r 1I k.Y 1 ^-`Ldlle ilrver Fi- l�Arl -,FY ak,9° $4' r+ ye cr _ a ti . i ,�w , ,� Cral ieadpo. 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I aradley0 you Brthol°mewv{ - b d i a County Lines ®319 Priority Watersheds Arkansas HUCs Western ..............(501) 682-391 Jeff Hall ...........(501); Eastern HUCs Managers I McGaughey.... (501) 682-3908 Sewell .............. (501) 682-3903 Boyd.................(501) 682-391€ ,F7 -0b November 7, 2006 CQLAjcJ rte&'. We met today with Seven Hills, Sage House, and Habitat for Humanity and all agreed to move forward with common planning of the remainder property outside of Seven Hills lease area. Sage House and Habitat for Humanity will go back to both boards with the concept of planning the entire site that will mutually benefit all parties and the possible relocation of the Sage House area to an appropriate area within the remaining property. Staff has looked at the cross section and has recalculated the additional street cost to approximately $53,455 by reducing the street from 28' to 24'. Habitat for Humanity has stated that they will connect to the new street that would be constructed by Seven Hills if the Sage House Board agrees to relocate within the commonly planned property. F(11115/2006)'Amber Wdod Ord. 4944 Page 1 From: Amber Wood To: Conklin, Tim; Dumas, Gary; Williams, Kit Date: 11/15/2006 4:19 PM Subject: Ord. 4944 Attachments: 4944 Habitat for Humanity.pdf CC: Bell, Peggy; Deaton, Vicki; Pearman, Clarice Kit, Attached is a copy of Ord. 4944 passed by the City Council on November 7, 2006. One of the two original contracts has been forwarded to your office via interdepartmental mail. If you have any questions please feel free to give me a call at the number listed below. Have a great day! Thanks, Amber Wood Deputy City Clerk City of Fayetteville City Clerk Division Phone: (479) 575-8323 Fax: (479) 718-7695 awood@ci.fayettevifle.ar.us • ( I � ' • %•a� ,•�. r j • 11 I NORTHWEST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4944 Was inserted in the Regular Editions: RECEIVED November 29, 2006 Publication Charge: $73.85 NOV 3 0 2006 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Subscribed and sworn to befor� me This day of 2 2006. Notary Public My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 • ORDINANCE NO. 4944 --' -- ORDINANCE WAIVING THE REQUIREMENTS ¢34.27, CODE OF FAYETTEVILLE AND IF EIGHT ACRES SOUTH OF ( '" -------- ea I AND SEVEN HILLS TRANS4 ' I AND DESIGNATING A PORTION OF THE REMAINING ACREAGE 800!0 PARCELAS PASSIVE GREENSPACE OR PARKLAND R ORDAINED By THE CITY COUNCIL OF THE CITY OF That the City Council of the City of FayetteIRe, Arkansas hereby waives t e I i, Code of Fayetteville. and aomoves a Real Estate Sales Contract wM I marked E#dbl'A• and made a part hereof. The Engineering and Plmmhp Witter dze credits to Habitat against the purchase price for the fair vatue at storm water mane) es In excess of normal code requirements and educational demonstration projertr to ats 'and increased efficiency for other developers in the storm water management area. m2: That the City Council of the City of Fayetteville, Arkansas hereby designates a pa maining acreage south and east of this parcel as passtve greons►pace or paddand to be after coneufatlon among Habitat for Humanity at Washington Count', Inc., the City That the City CoUncd of the City of Fsyettevllls, Arkansas hereby authorizes Ina Mnttrlfd to execute said contract with Habitat for Humanly of Washington County, Iris x a1 and APPROVED this 7th day at November, 2006. ID: ATTEST: a.+ r• By: wt'—. NaFoe SONDRA BNRII, City Ckadr