HomeMy WebLinkAbout208-07 RESOLUTIONRESOLUTION NO. 208-07
A RESOLUTION TO APPROVE A SETTLEMENT WITH ZION
ROAD PROPERTIES, LLC IN THE AMOUNT OF $42,030.00 FOR
RIGHT-OF-WAY AND EASEMENTS; AND ESTABLISHING ZION
ROAD PROPERTIES, LLC's MAXIMUM ASSESSMENT FOR OFF-
SITE IMPROVEMENTS.
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 approves a settlement with Zion Road Properties, LLC in the amount of
$42,030.00 for right-of-way and easements.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby establishes the maximum assessment for off-site improvements required
of Zion Road Properties, LLC at not more than $42,030.00.
PASSED and APPROVED this 4th day of December, 2007
APPROVED: ATTEST:
By:
DAN COODY, Mayor
By: JA-tv
SONDRA E. SMITH, City Clerk/Treasurer
ItTiIlfrotppr
T[L ! E;Y
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Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
12/4/2006
City Council Meeting Date
Engineering
Division
Action Required:
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308
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Operations
Department
A resolution to approve a settlement with Zion Road Properties, LLC in the amount of $42,030 for right of way and
easements on Zion Road, and to establish the maximum assessment due from Zion Road Properties for off-site
street improvements at $42,030.
$
42,030.00
Cost of this request
4520.9520.5809.00
Account Number
06035.1830
Project Number
Budgeted Item
X
24,496,473.00
Category / Project Budget
2,082,457.43
Funds Used to Date
22,414,015.57
Remaining Balance
Budget Adjustment Attached
Zion Road (College to Vantage)
Program Category / Project Name
Street Improvements
Program / Project Category Name
2006A Sales Tax Construction
Fund Name
e rtment director
Date
aktbCity Attorney Da
LPa,Jc.
Finance and Internal Service Director
Mayor
11-15-0>
Date
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Received in Mayor's Office
•
Comments.
City Council Meeting of December 4, 2007
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer to
Date: November 15, 2007
Subject: A resolution to approve a settlement with Zion Road Properties, LLC in
the amount of $42,030 for right of way and easements on Zion Road, and to
establish the maximum assessment due from Von Road Properties for off-site street
improvements at $42,030.
RECOMMENDATION:
Staff recommends approval of a settlement with Zion Road Properties, LLC in the
amount of $42,030, for right of way and easements and to establish the maximum
assessment due from Zion Road Properties for off-site street improvements at $42,030.
BACKGROUND:
The Zion Road Project is one of the projects to be constructed under the Transportation
Bond Program The project consists of widening approximately 2400 feet of Zion Road
to 3 lanes from College Avenue to just east of Vantage Drive, mstallation of an
underground storm drainage system, and construction of 6 foot sidewalks on both sides of
the roadway, as approved by the City Council and Street Committee.
During the process of right of way and easement acquisition on the project, Zion Road
Properties, LLC purchased two properties along Zion Road with the stated intention of
developing the property. City staff then submitted an offer to Zion Road Properties for
easements and right of way necessary across their property based on the appraised value.
Zion Road Properties has since agreed to accept the City's offer of $42,030 for easements
and right of way, with the understanding that they will in tum repay this same amount to
the City if their development is approved prior to the completion of the Zion Road
project. In addition, the Zion Road Properties, LLC has requested an assurance that there
will be no additional offsite street assessments for the work associated with the Zion
Road project.
DISCUSSION:
Staff has reviewed this proposal and has determined that it is fair to both the City and the
property owner. Therefore, acceptance of this settlement is recommended.
1
City Council Meeting of December 4, 2007
A copy of a memo from the City Attorney regarding this issue is attached along with
correspondence from Zion Road Properties indicating their willingness to accept the
settlement terms.
It should be noted that if the Planning Commission determines that additional
improvements beyond the scope of the Zion Road Improvement Project are required due
to the impacts of development by Zion Road Properties, LLC, the cost of such
improvements will be the responsibility of Zion Road Properties, LLC.
BUDGET IMPACT:
This payment will be funded with a portion of the 2006 Transportation Bond Issue
proceeds. $2,540,000 has been budgeted for the Zion Road Improvements Project.
2
RESOLUTION NO.
A RESOLUTION TO APPROVE A SETTLEMENT WITH ZION
ROAD PROPERTIES, LLC IN THE AMOUNT OF $42,030.00 FOR
RIGHT-OF-WAY AND EASEMENTS; AND ESTABLISHING ZION
ROAD PROPERTIES, LLC's MAXIMUM ASSESSMENT FOR OFF-
SITE IMPROVEMENTS.
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 approves a settlement with Zion Road Properties, LLC in the amount of
$42,030.00 for right-of-way and easements.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby establishes the maximum assessment for off-site improvements required
of Zion Road Properties, LLC at not more than $42,030.00.
PASSED and APPROVED this 4th day of December, 2007.
APPROVED: ATTEST.
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Ron Petrie, City Engineer
CC: Jeremy Pate. Director of Current Planning
FROM: Kit Williams, City Attorney
DATE: November 9, 2007
RE: Assessments for new development when street is being widened by the City
As you know §171.03 Street Improvements require developers with development
"along any street which is not constructed according to the city's existing standards ... (to)
dedicate sufficient right-of-way ... (and) install street paving, curbs, gutters and sidewalks
If the City desires to begin widening construction along Zion Road prior to a
landowner along Zion Road beginning its development, that landowner would not initially
have to dedicate right-of-way nor pave, curb. and gutter Zion Road where it abuts the
property. (See also §166.03 Required On -Site Improvements — Subdivision In City
Limits (C) Streets)
However. if the landowner becomes a developer and proceeds to begin the
development process while Zion is being improved, any money paid by the City to the
developer to purchase right-of-way (which should now be legally dedicated as a condition
for approval) should be refunded to the City. Otherwise, the City would be paying for street
right-of-way it would legally he entitled to through mandatory dedication procedures.
In this particular instance. I would agree that the City should not seek further
reimbursement for its paving, curb and gutter construction costs even though these might
have at least partially he required of the developer through Fayetteville Code §166.03 (C)
(D) and (E) and §171.03 (A) (2).
Therefore, 1 would recommend a compromise position for the City to seek and accept
only repayment of the money spent by the City for right-of-way dedication, but not to seek
reimbursement for paving. curb and gutter construction costs.
You and Jeremy Pate are the designated administrator and interpreters of the Unified
Development Code. so you are free to arrive at your own interpretation and position
regardless of my opinions.
Zion Road Properties, LLC
2397 Green Acres Road
Fayetteville, Arkansas 72703
Mr. Ron Petrie — City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Dear Mr. Petrie:
We are in receipt of offers from the city of Fayetteville to purchase; tract no. n-4, tract no.
n-5, & tract no. n-6 lands from us in order to widen Zion Road. We have reviewed the
offered purchase price and we are willing to accept this offer as long as the city agrees
that there will be no future assessments charged to our PZD in excess of the offered price.
We appreciate your willingness to work with us on this matter.
Sincerely,
6,"
Roger A. Boskus, II
Zion Road Properties, LLC
12.10.07 Clarice Pearman - Res. 208-07 Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 12.10.07 12:22 PM
Subject: Res. 208-07
Attachments: 208-07 Zion Road Properties LLC Settlement.pdf
CC: Audit
Ron:
Attached is a copy of the above resolution passed by City Coundl, December 4, 2007 for Zion Road Properties, LLC. Please
be sure to get the clerk's office a copy of the check for settlement and copies of the r -o -w and easement. Have a good
day.
Thanks.
Clarice