HomeMy WebLinkAbout197-06 RESOLUTIONRESOLUTION NO. 197-06
A RESOLUTION TO APPLY THE COST OF UP TO $80,000.00 OF
THE PAVILION TO BE BUILT IN MOUNT SEQUOYAH WOODS
TO THE REMAINING $100,000.00 DUE FOR THE PURCHASE OF
ALL DEVELOPMENTAL RIGHTS IN MOUNT SEQUOYAH
WOODS BY THE FAYETTEVILLE NATURAL HERITAGE
ASSOCIATION, INC.
WHEREAS, pursuant to Resolution No. 46-03, the City of Fayetteville on April 1, 2003,
purchased about 67 acres of wooded land from the Mount Sequoyah Assembly, Inc. for $1.3 million
dollars and encouraged the Fayetteville Natural Heritage Association, Inc. to purchase the development
rights to this land for preservation purposes; and
WHEREAS, pursuant to Resolution No. 20-04 passed on February 3, 2004, the Fayetteville City
Council reaffirmed its commitment to sell most of its development rights on the 67 acre Sequoyah Woods
to the Fayetteville Natural Heritage Association, Inc. for '$300,000.00 and acknowledged receiving an
initial $50,000.00 payment; and
WHEREAS, the Fayetteville Natural Heritage Association, Inc. has now paid $200,000.00 of the
$300,000.00 agreed price for a conservation easement for this 67 acre parcel; and
WHEREAS, Bill Underwood and Jim Lindsey have offered a gift of $40,000.00 to pay a portion
of a proposed "Underwood -Lindsey Pavilion" to be located in the lower part of Mt. Sequoyah Woods,
and the Fayetteville Natural Heritage Association, Inc. has agreed to pay for the costs above $40,000.00
to a maximum of $80,000.00 for construction of the Pavilion if the full amount would be considered a
credit against the remaining $100,000.00 owed by the Fayetteville Natural Heritage Association, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to grant a
credit to the Fayetteville Natural Heritage Association Incorporated's remaining obligation to purchase
the development rights to Mt. Sequoyah Woods for the construction costs of the "Underwood -Lindsey
Pavilion" up to a maximum credit of $80,000.00 and also agrees to this construction upon the City's land
within Mt. Sequoyah Woods. .o``.Ry�ITR..."'.
PASSED and APPROVED this 21st day of November, 2006.
APPROVED.
By:
ATTEST:
By:
SONDRA SMITH, City Clerk
eSc.),;. c4 f•
ALDERMAN AGENDA REQUEST FORM
FOR: COUNCIL MEETING OF NOVEMBER 21, 2006
FROM:
ALDERMAN ROBERT REYNOLDS & ALDERMAN BRENDA THIEL
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO APPLY THE COST OF UP TO $80 000.00 OF THE PAVILION TO BE BUILT
IN MOUNT SEQUOYAH WOODS TO THE REMAINING $100,000.00 DUE FOR THE PURCHASE
OF ALL DEVELOPMENTAL RIGHTS IN MOUNT SEQUOYAH WOODS BY THE
FAYETTEVILLE NATURAL HERITAGE ASSOCIATION, INC.
APPROVED FOR AGENDA:
Robert Reynolds
Alderman
Brenda
Alderman
/1-i` 4;
Date
iel Dat
Kit Williams
City Attorney (as to form)
N°U � 4
Date
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attorney
DATE: November 6, 2006
r
RE. Fayetteville Natural Heritage Association, Inc.
Mr. Bill Underwood
Mr. Jim Lindsey
Aldermen Thiel and Reynolds asked that I draft the attached
Resolution to allow the Fayetteville Natural Heritage Association, Inc. credit
against the remaining $100,000 00 commitment to purchase most of the
developmental rights to the 67 acre Sequoyah Woods. The credit will
include $40,000.00 from Bill Underwood and Jim Lindsey which will be
used for a portion of the costs to construct the proposed "Underwood -
Lindsey Pavilion" in Sequoyah Woods. The Fayetteville Natural Heritage
Association, Inc. will furnish up to another $40,000.00 to complete the
pavilion and will receive a further credit for all such expenditures.
With the $200,000.00 already paid to the City by the Fayetteville
Natural Heritage Association, Inc. there could be as little as $20,000 00 in
cash left to be paid for the conservation easement to be fully paid and then
granted to the Fayetteville Natural Heritage Association, Inc. to ensure the
preservation of Mount Sequoyah Woods.
RESOLUTION NO.
A RESOLUTION TO APPLY THE COST OF UP TO $80,000.00
OF THE PAVILION TO BE BUILT IN MOUNT SEQUOYAH WOODS
TO THE REMAINING $100,000.00 DUE FOR THE PURCHASE
OF ALL DEVELOPMENTAL RIGHTS IN MOUNT SEQUOYAH
WOODS BY THE FAYETTEVILLE NATURAL HERITAGE
ASSOCIATION, INC.
WHEREAS, pursuant to Resolution No. 46-03, the City of Fayetteville on April 1, 2003,
purchased about 67 acres of wooded land from the Mount Sequoyah Assembly, Inc. for $1.3 million
dollars and encouraged the Fayetteville Natural Heritage Association, Inc. to purchase the development
rights to this land for preservation purposes; and
WHEREAS, pursuant to Resolution No. 20-04 passed on February 3, 2004, the Fayetteville City
Council reaffirmed its commitment to sell most of its development rights on the 67 acre Sequoyah Woods
to the Fayetteville Natural Heritage Association, Inc. for $300,000.00 and acknowledged receiving an
initial $50,000.00 payment; and
WHEREAS, the Fayetteville Natural Heritage Association, Inc. has now paid $200,000.00 of the
$300,000.00 agreed price for a conservation easement for this 67 acre parcel; and
WHEREAS, Bill Underwood and Jim Lindsey have offered a gift of $40,000.00 to pay a portion
of a proposed "Underwood -Lindsey Pavilion" to be located in the lower part of Mt. Sequoyah Woods,
and the Fayetteville Natural Heritage Association, Inc. has agreed to pay for the costs above $40,000.00
to a maximum of $80,000.00 for construction of the Pavilion if the full amount would be considered a
credit against the remaining $100,000.00 owed by the Fayetteville Natural Heritage Association, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to grant a
credit to the Fayetteville Natural Heritage Association Incorporated's remaining obligation to purchase
the development rights to Mt. Sequoyah Woods for the construction costs of the "Underwood -Lindsey
Pavilion" up to a maximum credit of $80,000.00 and also agrees to this construction upon the City's land
within Mt. Sequoyah Woods.
PASSED and APPROVED this 21st day of November, 2006.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
'ht
The Pa etteville Natural heritage Association, Inc. is dedicated to conserving natural areas of
rayctteville and its environs for the benefit of present and future generations.
Dear Swifty, November 1, 2006
The'Fayetteville Natural Heritage Association has received a substantial gift of
$40,000 from Bill Underwood and Jim Lindsey which is to go toward the construction of
a pavilion in Mount Sequoyah Woods. This structure would be modeled after the lodges
built by the Civilian Conservation Corps in the 1930's using native stone and large white
oak timbers. The name of the building would be "The Underwood -Lindsey Pavilion" and
it wourd be located in the lower part of Mount Sequoyah Woods where there is easy
access from Happy Hollow road.
Part.of their agreement with the Fayetteville Natural Heritage Association
(FNHA) is that the total cost of the structure (which could be up to but not over $80,000)
would be deducted from the FNHA's remaining commitment to the City to help purchase
Mount Sequoyah Woods; That commitment was $300,000 of which $200,000 has
already been raised and given to the City. Any cost over the $40,000 pledge for the
pavilion will be covered by the FNHA insuring completion of the building.
The pavilion will be a wonderful accent and "go to" place within this woodland
treasure which the City Council so wisely saved for Fayetteville in 2003. Each of the
City Council members' names and the mayor's name will be commemorated on a bronze
plaque in this pavilion.
By applying the cost of this structure to the remaining commitment of the FNHA •
to the City, the FNHA will soon be able to fully complete its pledge to you and the
citizens of Fayetteville and we will have a unique and special pavilion gracing Mount
Sequoyah Woods. Thank you for your support and your vision in providing this special
place for Fayetteville.
Sincerely,
Pete Heinzelmann, Chairman FNHA
P.Q. box 5635 Fayetteville Arkansas 72702-3635
www.faycttevrllenaturat. orgg
UN 1 ER\VOOIJ'S
FINE JEWELERS
Dr. Pete Heinzelmann
Fayetteville Natural Heritage Association
P. O. Box 3635
Fayettville, AR 72702
Dear Pete:
CERTIFIED GEMOLOGIST APPRAISER
AMERICAN GEM SOCIETY
August 12, 2006
it was nice visiting with you and seeing your proposal for the meeting pavilion. I have
visited with Craig and Jim Lindsey and we are willing to contribute $40,000.00 to this
project with the following conditions:
1. We want to see the architectural drawings.
2. The drawing looks to be about 20' by 50', or 1000 sq. ft. and that is a nice
size., which would be acceptable.
3. There needs to be a firm bid from a responsible builder or contractor.
4. The time frame for construction is not critical for us, but we want to know
what it is.
5. A letter from the city applying this donation to the debt retirement of FNHA
to the city.
6. A letter from the city guaranteeing the conservation easement on the Woods.
7. We will have "naming rights" which will probably be THE CLIFFS.
I applaud your work, and the work of others, in FNHA. The Woods are •certainly an asset
to Fayetteville and this pavilion will be a very nice addition contributing to the enjoyment
of the Woods.
cc Craig Underwood, Jim Lindsey
saveBillsAs Heinzelmann,Woods
William G. Underwood's
611 WEST DICKSON - P.O. DRAWER 1223 - FAYETTEVILLE, ARKANSAS 72701 - 479-521-2000 - FAX: 479-521-8296
W W W.UNDERW OODS.COM
M
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RESOLUTION NO. 46-03
A RESOLUTION TO APPROVE THE OFFER AND
ACCEPTANCE CONTRACT BETWEEN THE CITY OF
FAYETTEVILLE AND MOUNT SEQUOYAH ASSEMBLY, INC.
FOR THE PURCHASE OF ABOUT 67 ACRES OF LAND
FOR $1,300,000.00 AND A BUDGET ADJUSTMENT EN THE
AMOUNT OF $600,000.00 AS FIRST YEAR'S PAYMENT
WHEREAS, the City of Fayetteville desires to purchase about 67 acres of land on
the east side of Mount Scquoyah now owned by Mount Sequoyah Assembly, Inc. to be used
primarily as a nature park, preserving the natural habitat as much as possible with nature
trails, picnic areas, benches, etc. and with small parking lots near access areas; and
WHEREAS, the City of Fayetteville invites the purchase of its development rights to
this property by the Fayetteville Natural Heritage Committee for conveyance to the Ozark
Land Trust; and
WHEREAS, thc City of Fayetteville intends to work with adjoining landowners to
allow them to purchase small buffer areas (as their backyards) along the edge of this
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby
approves the Offer and Acceptance Contract between the City and Mount Sequoyah
Assembly, Inc. (attached as Exhibit A) in which the City purchases about 67 acres of Mount
Sequoyah Assembly, Inc. land for $1,300,000)00. The City Council expressly authorizes
Mayor Coody to sign thc 5700,000.00 mortgage note described in the Otfer and Acceptance
contract.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
approves the budget adjustment in the amount of $600,000.00 as the first year's payment on
the 67 -acre purchase.
.. PASSED and APPROVED this the 1" day of April, 2003.
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By
APPROVED:
Sondra.Sinith. City CIe7
DA COODY, Mayor
RESOLUTION NO.
20-04
A RESOLUTION TO REAFFIRM ITS COMMITMENT TO
SELL MOST OF ITS DEVELOPMENT RIGHTS TO THE
FAYETTEVILLE NATURAL HERITAGE ASSOCIATION, INC. ON
THE 67 ACRES OF MOUNT SEQUOYAH WOODS PURCHASED
BY THE CITY OF FAYETTEVILLE PURSUANT TO RESOLUTION
NO. 46-03
WHEREAS, the City Council of the City of Fayetteville, Arkansas had invited
the Fayetteville Natural Heritage Association, Inc. to purchase its development rights to
Mount Sequoyah Woods in Resolution No. 46-03 passed unanimously by the Fayetteville
City Council on April 1, 2003; and
WHEREAS, the Fayetteville Natural Heritage Association, Inc. has worked
diligently and continues to strive to raise contributions to purchase these development
rights in the form of a conservation easement to protect Mount Sequoyah Woods so that
it will be a nature preserve for all residents of Fayetteville; and
WHEREAS, the Fayetteville Natural Heritage Association, Inc. has already paid
to the City Fifty Thousand Dollars ($50,000.00) toward the purchase of these
development rights and conservation easement.
NOW, THEREFORE, BE IT 'RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby
reaffirms its commitment to sell its development rights in the form of a conservation
casement for Mount Sequoyah Woods except as necessary to build amenities for Mount
Sequoyah Woods such as perimeter parking, walking trails, benches, picnic tables,
pavilion, restroom facility and signs for the use of the public when enjoying this wooded
hillside for Three Hundred Thousand Dollars ($300,000.00) to the Fayetteville Natural
Heritage Association, Inc.
PASSED and APPROVED this the 3rd day of February, 2004.
APPROVE
By
SO DRA SMITH, City Clerk
D • COODY, ayor
ARKANSAS
To: Sondra Smith, City Clerk
From: Connie EdmonstSk Farks and Recreation Director
Date: November 17, 2006
Subject: City Council Meeting November 21, 2006
Tease hands these attachments out at the Tuesday November 21 City Council Meeting. This is
ge information from Pete Heinzelman — Consent Item Mount Sequoyah Pavilion. There are 13
copies.
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(12.8.06) Clarice Pearman - Res. 197-06
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From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Thiel, Brenda
12.8:06 10:20 AM
Res. 197-06
197-06 Mt. Sequoyah Pavilion.pdf
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CC: Audit
Alderman Thiel:
Attached is a copy of the above resolution passed by City Council November 21, 2006. The mayor had been out of town
and I've finally got signatures and processed ordinances and resolutions to return. Thank you for your patience and sorry
for the inconvenience. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
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•
1a'eivtUe
ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_clerk@cilayetteville.ar.us
DEPARTMENTAL CORRESPONDENCE
To: Robert Reynolds, Alderman
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: December 8, 2006
Re: Resolution 197-06
Attached is a copy of the resolution passed by City Council November 21, 2006 regarding the
Mt. Sequoyah pavilion. If anything else is need please let me know.
Thanks.
/cbp
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