Loading...
HomeMy WebLinkAbout46-11 RESOLUTIONRESOLUTION NO. 46-11 A RESOLUTION AMENDING RESOLUTION NO. 05-07 TO REDUCE THE PAYMENT GUARANTEE REQUIRED OF MEADOWS ENTERPRISES, INC. FOR THE DEAD HORSE MOUNTAIN ROAD BRIDGE FROM $36,668.92 TO $7,703 .00 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 amends Resolution No. 05-07 by striking every reference to $36,668.92 and replacing each reference with $7,703.00. PASSED and APPROVED this 15th day of March, 2011. APPROVED: IO ELD JO ayor ATTEST: 44(1 SON RA E. SMITH, City Clerk/Treasurer •e_s,‘ C).°° •Z`A,. C.) " -p Zo • cl\ F_•-• :FAYETTEVILLE: ‘1.-e• NSI'V1 id siii&tittO Jeremy Pate Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements siis 0_0 I I ut-45 /1/2011 City Council Meeting Date Agenda Items Only Development Services Division Action Required: Development Services Department Amendment of Resolution No. 05-07, to reduce the bridge assessment required of the developer for Stonebridge Meadows Subdivision, Phase 5, based on actual cost to the City Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached C ttorney Finan e and Internal Services Director -1,0t Previous Ordinance or Resolution # Date Original Contract Date: •X/i•-• Original Contract Number: Date 2-11-205ii Date 42-//-t Date Received in CV -1 1 - 1 1 A1052 RCVD Clerk's Office Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS wiArw.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Jeremy Pate, Development Services Director Date: February 11,2011 Subject: Stonebridge Meadows Phase 5 Bridge Assessment Reduction RECOMMENDATION Staff recommends the Council approve a resolution amending Resolution 05-07 related to the Stonebridge Meadows Phase 5 Subdivision, to reduce the required bridge assessment from $36,668.92 to $7,703.00 BACKGROUND In 2006, the Planning Commission approved the final plat for Stonebridge Meadows Subdivision, Phase 5. This single family residential neighborhood in southeast Fayetteville contains 70 lots. The subdivision was located in the Deadhorse Mountain Bridge assessment area, established by the Planning Commission to review developments having an infrastructure impact in the area for a proportional share of the cost to replace this bridge. At the time, the estimated replacement cost to the City was $2,160,000, based on the cost of another bridge the City had previously -constructed. When staff conducted an analysis of the traffic generated by this development that would likely have an impact on the bridge, the proportional share for this 70 -lot development was $36,668.92 (see attached memo dated August 10,2005). The amount determined by the Planning Commission is paid to the City and deposited into an escrow account to be utilized when the project is constructed. As permitted by the Unified Development Code, the applicant subsequently requested that the City Council waive the requirement for a cash payment and instead approve an agreement and Performance Guarantee by letter of credit that this amount would be paid within ten days of request by the City. The Council approved the request with Resolution No. 05-07 (attached). The Deadhorse Mtn Road bridge over the West Fork of the White River was replaced in 2010 by the AHTD. The city applied for and received federal funds to share the cost of the project. Once designed and constructed, the full cost ended up being approximately $1.5 million, due to a reduced scope of the project from the original estimate. The City's share of that cost was reduced dramatically from the original estimates in 2005, to $453,110.86. Using the same methodology as when the subdivision was originally approved, Stonebridge Meadows Subdivision Phase 5 would owe the City $7,703.00 under the new calculation. City staff finds that the bridge assessment contribution for this particular phase of Stonebridge Meadows Subdivision should in fact be reduced, as the full cost of the bridge was shared between the City and the State, thus reducing the City's portion of the cost. The methodology behind the assessment assumes the developer is responsible for a percentage of the cost of the bridge, which, because of a cost -share agreement that arose after the initial assessment was made, has decreased. THE CITY OF FAYETTEVILLE, ARKANSAS DISCUSSION The City currently holds a letter of credit for $36,668.92, as required by the agreement with the City. Staff recommends that the Council amend Resolution No. 05-07 and reduce this required amount to $7,703.00, as explained in the attachments. We feel this is the appropriate action to take at this time; the applicant has agreed to tender this cash contribution no later than March 31, 2011 as a condition of approval of the amendment. BUDGET IMPACT The $7,703.00 contribution will offset a portion of the costs associated with the Deadhorse Mtn Road bridge project. RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 05-07 TO REDUCE THE PAYMENT GUARANTEE REQUIRED OF MEADOWS ENTERPRISES, INC. FOR THE DEAD HORSE MOUNTAIN ROAD BRIDGE FROM $36,668.92 TO $7,703.00 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 amends Resolution No. 05-07 by striking every reference to $36,668.92 and replacing each reference with $7,703.00. PASSED and APPROVED this 1st day of March, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer le THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 www.accessfayetteville.org TO: FROM: DATE: SUBJECT: City Council Members Matt Casey., Asst. City Engineer February 11,2011 Stonebridge Meadows Phase 5 Bridge Assessments The following is the Engineering Division's recommendation to the City Council for the revised off-site assessments: BRIDGE OVER THE WEST FORK OF THE VVHITE RIVER: The Engineering Division recommends that this subdivision be assessed for a percentage of the construction costs to construct a bridge over the West Fork of the White River on Dead Horse Mountain Road. The following is a rational nexus calculation for this offsite improvement: Projected Traffic from development — (70 Lots * 9.57 vpd/lot) - 670 vpd Assume 50% of vehicle trips will use Dead Horse Mountain Road — 335 vpd Assume 75 % of vehicle trips using Dead Horse Mountain Road go north —251 vpd Minor Arterial traffic capacity = 14,800 vpd % Traffic from development = 1.7% West Fork of the White River Bridge Costs (City Portion): $453,110.86 Stonebridge Meadows Subdivision Phase 5 Percentage of Costs: 0.017($453,110.86) = $7,703.00 Therefore, the Engineering Division recommends that the Stonebridge Meadows Subdivision Phase 5 be assessed $7,703.00 for the Dead Horse Mountain Road Bridge across the West Fork of the White River. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 JAMES N. McCORD Attorney at Law The Fulbright Building 217 E. DICKSON STREET SUITE #102 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 442-1490 iimmccordlaw©windstrea m n et Jeremy Pate Development Services Director City of Fayetteville 113 West Mountain Fayetteville, AR 72701 February 8, 2010 VIA HAND DELIVERY Re: Stonebridge Meadows, Phase V- Dead Horse Mountain Road Bridge Assessment Dear Jeremy: I am legal counsel for Meadows Enterprises, Inc. ("Meadows") in connection with the company's development of Stonebridge Meadows Subdivision. I understand from your recent e-mails that the City of Fayetteville has re -calculated the proportionate share of the cost of constructing the new Dead Horse Mountain Road Bridge to be paid by Meadows; and, the amount is $7,703. This letter will confirm that Meadows will pay the City of Fayetteville this $7,703 by March 31, 2011. If the Fayetteville City Council must take any action regarding this matter, please have it placed on the agenda for the next Council meeting. Thank you for your assistance with this matter. Sincerely, (1/1',/ 094-1-1.4./ - • es N. McCord pc: Bill Meadows (via e-mail) RESOLUTION NO. 05-07 A RESOLUTION TO APPROVE THE PERFORMANCE BOND OF MEADOWS ENTERPRISES, INC. TO GUARANTEE PAYMENT OF $36,668.92 FOR DEAD HORSE MOUNTAIN ROAD BRIDGE UPON REQUEST BY THE CITY WHEREAS, the Planning Commission determined that Meadows Enterprises, Inc.'s proportional share of the cost to construct the White River bridge on Dead Horse Mountain Road to be $36,668.92 for Stonebridge Meadows, Phase 5; and WHEREAS, the City Council may approve a performance bond to guarantee such payment. 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 and agrees to accept the attached Performance Bond of Meadows Enterprises, Inc. in the amount of $36,668.92 to be secured by an irrevocable bank letter of credit in the same amount in a form and substance to be approved by the City Attorney. This performance bond shall satisfy Meadows Enterprises, Inc.'s offsite bridge improvement requirement as determined by the Fayetteville Planning Commission for Stonebridge Meadows, Phase 5. PASSED and APPROVED this 16th day of January, 2007. ATTEST: , Ok•.&-f:\S to: By:nAkij--) TOI\I • • • SONDRA CAAAA'SMITH, City ClerkJTreasurer .. 46‘ PERFORMANCE BOND . • This Performance Bond executed on the 29th day of December, 2006, by Meadows Enterprises, Inc. ("Meadows") to the City of Fayetteville, Arkansas (the "City"). WHEREAS, Meadows is the owner and developer of Stonebridge Meadows, Phase 5, a subdivision located in the City of Fayetteville, Arkansas; and, WHEREAS, as a condition for approval of the final plat for Stonebridge Meadows, Phase 5, the Fayetteville Planning Commission has required that Meadows pay to the City the sum of $36,668.92 as the developer's proportionate share of the cost of constructing improvements to Dead Horse Mountain Road bridge (the "off-site improvements"); and, WHEREAS, construction of the off-site improvements is to begin at a future date not yet determined; and, WHEREAS, Section 158.05(8) of the Fayetteville Code of Ordinances provides that (a) the developer may, with the approval of the City Council, guarantee payment of the developer's proportionate share of the cost of off-site improvements as determined by the Planning Commission by executing a performance bond in a form approved by the City Attorney, and (b) performance bonds shall obligate the landowner to pay to the City • the amount determined by the Planning Commission within 10 days from receipt of written notice from the City. NOW, THEREFORE, Meadows Enterprises, Inc. hereby covenants to pay. $36,666.92 to the City of Fayetteville within 10 days from receipt of written notice from the City. This Performance Bond shall be secured by a$36,666.92 irrevocable bank letter of credit, in form and substance approved by the City Attorney, to be drawn upon by the City of Fayetteville if Meadows does not pay $36,666.92 in full to the City within 10 days from receipt of written notice form the City. Said notice shall be sent to Meadows Enterprises, Inc., c/o William N. Meadows, President, 3495 E. GoffFarm Road, * Fayetteville, AR 72701. • This Performance Bond executed on the date first above written. .Witness: MEADOWS ENTERPRISES, INC. By: Wt.:t-4446.- 4. 144.44+#0 William N. Meadows, President JAMES N. McCORD Attorney at Low 11 N. WESTAVE. SUITE #202 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 PAC,S1MLE (479)695-1135 ji mmccord law@al Rel. net To: Fayetteville City Council From: Meadows Enterprises, Inc. By: James N. McCord Attorney for Mea December 29,2006 Enterprises, Inc. Re: Performance Bond to Guarantee Payment of Assessment for Improvements to Dead Horse Mountain Road Bridge Meadows Enterprises, Inc.(uMeadows") is the developer of Stonebridge Meadows subdivision adjacent to Stonebridge Meadows golf course adjoining Goff Farm Road. As a condition for approval of the final plat for Stonebridge Meadows, Phase 5, the Fayetteville Planning Commission imposed an assessment of $38,666.82 which the Commission deterrnined to be the developer's proporiionate share of the cost of off-site improvements for the Dead Horse Mountain Road bridge. According to City staff, the date on which construction of the bridge improvements _will -begin has not been determined, but construction is expectedIO,cOmMence-within two years. Because the off-site bridge assessment for Stonebridge Meadows, Phase V, will not be needed by the City for some time, Meadows respectfully requests the City Council to approve the attached performance bond as authorized by Section 158.05(8) of the Fayetteville Code of Ordinances. This Code provision states that the developer may, with the approval of the City Council, guarantee payment of off-site improvements by executing a performance bond in a form approved by the City Attomey. The attached performance bond will be secured by an irrevocable bank letter of credit for the entire $36,666.82 bridge assessment Thank you you for your consideration of this request. pc: Hon. Dan Goody, Mayor Kit Williams, City Attorney Sandra Smith, City Clerk Bill Meadows obi0 05-07 N_A-1 4 a a t A CL & 1) • .0tY (Sa41- NO7 Sualfa OFFICLEE FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575-8206 ENGINEERING DIVISION CORRESPONDENCE TO: FROM: DATE: SUBJECT: Planning Commission Members Bre K. O'Neal, P.E., Staff Engineer August 10, 2105 ge Meadows Phase 5 (PPL 05-1386) Bridge Assessments The following is the Engineering Division's recommendation to the Planning Commission for off-site assessments: 1. BRIDGE OVER THE WEST FORK OF THE WHITE RIVER: The Engineering Division recommends that this subdivision be assessed for a percentage of the construction costs to construct a bridge over the West Fork of the White River on Dead Horse Mountain Road. The following is a rational nexus calculation for this offsite improvement: Approximate Dead Horse Mountain Road Birdge dimensions: Length —600 L.F.; Width — 60'; Surface Area of Decking — 36,000 s.f. Projected Traffic from development — (70 Lots * 9.57 vpd/lot) - 670 vpd Assume 50% of vehicle trips will use Dead Horse Mountain Road — 335 vpd Assume 75 % of vehicle trips using Dead Horse Mountain Road go north —251 vpd Minor Arterial traffic capacity = 14,800 vpd % Traffic from development = 1.7% West Fork of the White River Bridge Costs: 36,000 s.f.($60.00/s.f.) = $2,160,000.00 Stonebridge Meadows Subdivis entag 0.017($2,160,00 0) = $36,668.92 f Costs: Therefore, the Engineering Division recommends that the Stonebridge Meadows Subdivision Phase 5 be assessed $36,668.92 for the future Dead Horse Mountain Road Bridge across the West Fork of the White River.