HomeMy WebLinkAbout231-08 RESOLUTIONRESOLUTION NO. 231-08
A RESOLUTION TO APPROVE APPROXIMATELY
$744,880.00 AS A 50/50 COST SHARE WITH SOUTHPASS
DEVELOPMENT COMPANY, LLC FOR THE SEWER
INSTALLATION COSTS FOR THE REGIONAL PARK AND
SOUTHPASS PZD
WHEREAS, Resolution No. 138-04 passed unanimously by the City Council on
September 7, 2004, accepted and approved a contract with SouthPass Development Company
LLC to "cost share (50/50) all costs of extending sewer to the Community Park site ...;" and
WHEREAS, the City Engineering Department has estimated that the City 50% portion
of these costs will be $744,880.00 but will be subject to competitive bidding so that the final cost
may be higher or lower.
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 approves
approximately $744,880.00 as the City's portion (50%) of the sewer installation costs to the edge
of the SouthPass property to be able to provide sewer to the City's Regional Park.
PASSED and APPROVED this 2"d day of December, 2008.
APPROVED:
By:
DAN COODY, Mayo
ATTEST:
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FAYETTEVILLE
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By: t ` M»
SONDRA E. SMITH, City Clerk/Treasurer
Ron Petrie
Submitted By
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City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
11/18/2008
City Council Meeting Date
Engineering
Division
Action Required:
Operations
Department
A resolution to approve approximately $744,880.00 as a 50/50 Cost Share with Southpass Development
Company, LLC for the sewer installation costs for the Regional Park and Southpass PZD.
Cost of this request
N/A
Account Number
N/A
Project Number
Budgeted Item
X
N/A
Category / Project Budget
N/A
Funds Used to Date
N/A
Remaining Balance
Budget Adjustment Attached
N/A
Program Category / Project Name
N/A
Program / Project Category Name
N/A
Fund Name
+04 Q, Lt.. --
Finance and Internal Service Director
Mayor
I��13�08
Date
Jr -b -c
Date
CI -13-c8
Date
a 3 /a`3
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
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City Council Meeting of November 18, 2008
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Date: November 13, 2068
Subject: A resolution to approve approximately $744,880.00 as a 50/50 cost share
with Southpass Development Company, LLC for the sewer installation
costs for the regional park and Southpass PZD.
RECOMMENDATION:
In accordance with Resolution No. 138-04, city staff recommends approval of this
resolution expressing the willingness of the City to cost share street and sewer
infrastructure costs that would be utilized by both the Southpass Development and the
future Regional Park.
BACKGROUND:
In an effort to obtain a 200 acre Community Park for the citizens of Fayetteville, the
Parks and Recreation Advisory Board studied available sites and determined that the
Cummings's property was the most desirable site for the park. Since this property,
located west of Cato Springs Road and adjacent to 1-540, is 800 acres in size, it became
necessary to solicit proposals from developers for a public/private partnership to make
the Community Park feasible. The City Selection Committee selected Southpass
Development Company, LLC and a contract was subsequently approved by the City
Council on September 7, 2004.
DISCUSSION:
This approved contract states that "the City of -Fayetteville and SouthPass shall cost share
(50/50) all costs of extending sewer to the Community Park site and neither shall charge
for the acquisition of necessary water or sewer easements across their property to serve
their land within this 800 acre area." On September 16, 2008 the City Council agreed to
upgrade the sewer line contained in the Wastewater System Improvement Projects EL -3
in order to have the capability to serve the SouthPass area in the future. In addition, the
developer agreed to fund 50% of this upgrade. At this point, the sewer line from EL -3 to
the SouthPass/Community Park property will have to be addressed in order to provide
service to both developments. City Staff has studied four (4) different routes for this
sewer line (See Exhibit A) with an estimated cost range from $1.49 million to $4.02
1
City Council Meeting of November 18, 2008
million as shown on the attached cost estimates (See Exhibit B). The option with the
lowest cost is recommended which would install a pump station on the property and route
a force main to the north along the future extension of Shiloh Drive. An existing
encasement under 1-540 located to the north of the Cato Springs interchange would be
utilized and the force main would discharge into an existing sewer line located on Custer
Avenue. A portion of the Custer Avenue sewer line would need to be upgraded to 12" in
size. This total cost has been estimated to be $1.49 million which when split 50/50 would
result in an estimated cost to the city in the amount of $745,000. All of this sewer work
would need to be installed as a part of the first Phase of construction either for the Park or
SouthPass development.
BUDGET IMPACT:
Upon approval of this Council agenda item, plans will be developed by the Southpass
Development Company and actual construction bids will be acquired for the sewer
construction. A cost share agreement will then be prepared and brought forward for
approval that will obligate the funds. It is anticipated that this work will be paid for out
of the wastewater impact fee account.
2
RESOLUTION NO.
1'1
A RESOLUTION TO APPROVE APPROXIMATELY $744,880.00
AS A 50/50 COST SHARE WITH SOUTHPASS DEVELOPMENT
COMPANY, LLC FOR THE SEWER INSTALLATION COSTS FOR
THE REGIONAL PARK AND SOUTHPASS PZD
WHEREAS, Resolution NO. 138-04 passed unanimously by the City Council on
September 7, 2004, accepted and approved a contract with SouthPass Development Company
LLC to "cost share (50/50) all costs of extending sewer to the Community Park site ...;" and
WHEREAS, the City Engineering Department has estimated that the City 50% portion
of these costs will be $744,880.00 but will be subject to competitive bidding so that the final cost
may be higher or lower.
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 approves
approximately $744,880.00 as the City's portion (50%) of the sewer installation costs to the edge
of the SouthPass property to be able to provide sewer to the City's Regional Park.
PASSED and APPROVED this 18t11 day of November, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
RESOLUTION NO.138-04
MICROFILMED
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH SOUTHPASS DEVELOPMENT COMPANY TO
ACCEPT 200 ACRES OF PARK LAND, A 10 ACRE WATER TANK S ITE,
ONE MILLION DOLLARS FOR PARK LAND DEVELOPMENT AND
OTHER CONSIDERATION FOR THE CITY'S ACCEPTANCE OF
OWNERSHIP OF A 33 ACRE LANDFILL
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
accepts and approves the Contract with SouthPass Development Company (attached as
Exhibit "A') to accept 200 acres of park land, a 10 acre water tank site, one million
dollars for park land development and other consideration for the City's acceptance of a
33 acre landfill and its agreement to spend the money currently identified in its Parks
Capital Improvement Plan for the community park development.
PASSED and APPROVED this 7th day of September, 2004.
ATTEST:
By:
By
APPROVED:
D • T COODY, Mayor
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DRA SMITH, Cr Clerk _"•
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AGREEMENT TO ACQUIRE AND DEVELOP
THE COMMUNITY PARK FOR FAYETTEVILLE
This contract and agreement is entered into by the City of Fayetteville and
SouthPass Development Company, LLC (hereinafter "SouthPass");
Whereas, the City of Fayetteville desires to obtain a 200 acre Community
Park for its citizens and tourists; and
Whereas, the Parks and Recreation Advisory Board has carefully studied
available sites and determined that the Cummings' property is the most
desirable site for the Community Park; and
Whereas, The City of Fayetteville does not have the current resources to
both purchase the necessary acreage and develop such acreage into a
functioning, attractive Community Park and so publicly requested proposals
from developers for a public/private partnership to facilitate the acquisition and
development of the Community Park; and
Whereas, SouthPass Development Company, LLC submitted a workable,
attractive proposal which was selected by the City's selection committee as the
recommended proposal.
NOW, THEREFORE, pursuant to the terms and conditions of the City's
Request for Proposals and SouthPass Development Company, LLC's
recommended Proposal, the City and SouthPass agree as follows:
1. Upon approval of this contract by the Fayetteville City Council and
SouthPass Development Company, LLC and the accomplishment of all
contingencies listed below, SouthPass shall tender to the trustee/ owners of the
Eight Hundred Acre (more or less) Cummings property an unconditional offer to
purchase all said property for the sum of Six Million Nine Hundred Thousand
Dollars ($6,900,000.00). The obligation of SouthPass Development Company,
LLC shall not become binding or enforceable until all the below contingencies
have been fully accomplished:
(A) A Master Plan for the development of the approximately 800
acre site has been prepared and approved by SouthPass Development Company
LLC and the City of Fayetteville;
(B) The City Council has annexed or committed itself to annex the
entire 800 acre site;
(C) The zoning of the portion of the 800 acre site to be owned by
SouthPass has been accomplished or the City Council has committed itself to
rezone that portion in conformance with the approved Master Plan;
(D) The Greenland School District and Fayetteville School District
have agreed that this entire site shall be within the Fayetteville School District;
(E) The Arkansas Department of Environmental Quality has
agreed with the present owners of the Cummings landfill and assured the City of
Fayetteville that the costs of the necessary corrective actions for the landfill shall
not be borne by, recovered from, assessed to, or collected from the City of
Fayetteville or SouthPass Development Company, LLC.
2. If this Offer is accepted by the Trustee and the Court, and all others
necessary to accept the offer and legally deed the entire tract of 800 acres, more
or less, SouthPass Development company, LLC shall pay the agreed price to the
trustee/owners and the land shall be conveyed by warranty deed free from all
encumbrances to the following parties:
(A) SouthPass Development Company, LLC shall be deeded the
entire Eight Hundred (800) acre tract, more or less, except the 33 acre landfill;
(B) The City of Fayetteville shall be deeded (free and clear of any
obligation to pay, repay, or otherwise fund the necessary corrective actions for
the landfill: partial or full recapping of the landfill and restoration of the stream
corridor) the Thirty -Three (33) acre abandoned and closed landfill located within
the 800 acre property;
(C) South Pass Development Company LLC shall convey by
warranty deed to the City of Fayetteville a Two Hundred (200) acre parcel for the
Community Park which location shall be determined by the City;
(D) SouthPass Development Company LLC shall convey by
warranty deed the Ten (10) acre City of Fayetteville water tank site to the City of
Fayetteville.
3. To facilitate the preparation of the Master Plan, the City shall
immediately pay for the perimeter survey of the property and the 200 acre
Community Park site.
4. SouthPass shall fund up to $10,000.00 and retain a mutually acceptable
community master planning consultant for recommendations for a Master Plan
for this entire 800 acre area (including the 200 acre Community Park area).
5. The City of Fayetteville shall assist in facilitating the planning, zoning
and other development approval processes which are in accordance with the
mutually acceptable master plan.
6. The City of Fayetteville shall recommend to the Fayetteville School
Board and Greenland School Board that this property should be within the
Fayetteville School District.
7. The City of Fayetteville and SouthPass shall cost share (50/50) all costs
of extending sewer to the Community Park site and neither shall charge for the
acquisition of necessary water or sewer easements across their property to serve
their land within this 800 acre area.
8. If all the contingencies listed in paragraph 1 have been accomplished
and all the actions listed in paragraph 2 have been achieved, SouthPass
Development Company LLC shall contribute One Million Dollars ($1,000,000.00)
when the City is ready to award the first construction contract utilizing the 2004
and 2005 budgeted CIP allocation as shown in Exhibits A and B*.
Signed this 81 day of 2004. Signed this 1.14 day of September, 2004.
SOUTHPASS DEVELOPMENT
By:
CITY OF
CO ' ANY LLC FAYETTEVILLE, ARKANSAS
By:
J 'T' NOCK DAN COODY
g Member Mayor
Attest:
lWv�ac/w
Sondra Smith, City Cl
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c ,FAYETTEVILLE:
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*Attached as Exhibit A are copies of the current Capital Improvement Program adopted last
December by the City Council showing 2004-2008 Parks Development Fund allocations for Community
Park Development (total about $2.4 million) and Sales Tax CIP funds allocated to Community Park
Development (total about $1.2 million).
Attached as Exhibit B is the amount of funds that have been allocated by the City Council that will
be available on January 1, 2005 for development of the Community Park (about $1.6 million).
Clarice Pearman - Res. 231-08
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Petrie, Ron
12.5.08 3:21 PM
Res. 231-08
Audit
Audit
Page 1 of 1
Ron:
Attached is a copy of the above resolution passed by City Council regarding a cost share with SouthPass Development
Company, LLC. Please let me know if there is anything else needed for this item. Have a good weekend!
Clarice
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