Loading...
HomeMy WebLinkAbout115-14 RESOLUTIONRESOLUTION NO. 115-14 A RESOLUTION TO ESTABLISH THE "FAYETTEVILLE NATURAL AREAS PRESERVATION ACCOUNT" AND TO ESTABLISH REQUIREMENTS FOR DISBURSALS THEREFROM WHEREAS, generous Fayetteville area citizens wish to help the City preserve natural areas within Fayetteville for the use and enjoyment of future generations; and WHEREAS, these donors wish to direct their donations into a specific "Fayetteville Natural Areas Preservation Account" which is only accessible under specified conditions for specified purposes. 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 establishes the "Fayetteville Natural Areas Preservation Account" within the General Fund and agrees that such funds may only be used by the City of Fayetteville as specified on Exhibit B Statement of Donor's Intent (attached). PASSED and APPROVED this 17th day of June 2014. APPROVED: ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer DESIGNATED FUND AGREEMENT EXHIBIT B STATEMENT OF DONOR'S INTENT Revised 05/13/2014 Mission of the Fayetteville Natural Areas Foundation ("the Foundation"): Dedicated to conserving the natural areas of Fayetteville and its environs for the benefit of present and future generations. Land Usage: It is the donors' intent that the grant distributions be used by the City of Fayetteville to purchase land appropriate for nature preserves and/or conservation easements on similar types of land. This land would be used for passive recreation such as nature study, biking, hiking, walking, and boating, which may include areas along rivers and streams or lake areas such as Lake Fayetteville. Other uses may include onsite informational kiosks and other onsite signage. Grant distributions shall not be used for organized sport recreational areas or support facilities such as bathrooms or parking lots. Support facilities such as public access points and/or trailheads with restroom/parking may be constructed by the City with other funding. Grant Amount and Matching Calculations: The grant distributions may only be used for up to one-third (33.33%) of the cost of the land. The City must bear the cost of surveying and appraisal. Only land cost or the cost of conservation easements are considered as part of the City's match; all other project costs are precluded from match considerations. Operation: Distributions from the Foundation should go to the Fayetteville Natural Areas Preservation Account, which is held by the City of Fayetteville. Distributions should go to the attention of the City of Fayetteville's Accounting Director. ( /11 /(er '\(N&AXtAfk Donor 1 Signature Donor 2 Iignature (if applicable) Date Sigr1 /3 2,/1/ Justin Flet Vice President, Programs and Development Connie Edmonston Submitted By City of Fayetteville Item Review Form 2014-0244 Legistar File Number June 17, 2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Parks & Recreation Department Approval of a resolution to establish the "Fayetteville Natural Areas Preservation Account" and to recognize the receipt of $4,700 distribution this year and the distributions for the two succeeding years to be used to help complete the $300,000 commitment from the Fayetteville Natural Heritage Association towards the purchase of Mt. Kessler. Does this item have a cost? Cost of this request 1010.1537.00 Account Number Project Number Budgeted Item? No Fayetteville Natural Areas Preservation Category or Project Budget Program or Project Name Funds Used to Date Program or Project Category $0.00 Remaining Balance Budget Adjustment Attached? No General Fund Name Previous Ordinance or Resolution # 40-14 Original Contract Number: Oi`.3-zc1�t V20130812 CITY OF Wic MEETING OF JUNE 17, 2014 CITY COUNCIL AGENDA MEMO TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Connie Edmonston, Parks and Recreation Director DATE: May 30, 2014 SUBJECT: Approval of a resolution to establish the "Fayetteville Natural Areas Preservation Account" and to recognize the receipt of $4,700 distribution this year and the distributions for the two succeeding years to be used to help complete the $300,000 commitment from the Fayetteville Natural Heritage Association towards the purchase of Mt. Kessler. RECOMMENDATION: Approval of a resolution to establish the "Fayetteville Natural Areas Preservation Account" and to recognize the receipt of $4,700 distribution this year and the distributions for the two succeeding years to be used to help complete the $300,000 commitment from the Fayetteville Natural Heritage Association towards the purchase of Mt. Kessler. BACKGROUND: The Fayetteville Natural Areas Foundation was created by Dr. and Mrs. Pete Heinzelmann, and Duane and Judy Woltjen. The mission of the foundation is as follows: "Dedication to conserving the natural areas of Fayetteville and its environs for the benefit of present and future generations." This foundation is managed by the Endeavor Foundation. The foundation's distributions will be paid into the City of Fayetteville's account named as Fayetteville Natural Areas Preservation Account. These funds may only be used by our City to purchase land appropriate for nature preserves and/or conservation easements. The land must be used for "passive recreation such as nature study, biking, hiking, walking, and boating, which may include areas along rivers and streams or lakes such as Lake Fayetteville." In addition, the funding may be used for onsite kiosks and signage. These funds may not be used for organized sport recreational areas or support facilities such as bathrooms or parking lots. Support facilities such as public access points and /or trailheads with restroom/parking may be constructed on the property utilizing other funding sources. The Fayetteville Natural Areas Foundation funds may only be used for up to one-third of the cost of the land. The City's two-thirds funding match required by the foundation may only be used for the cost of land or conservation easement. The City must pay for all surveying and appraisal costs. See the attached Designated Fund Agreement - Statement of Donor's Intent, as included as Exhibit B in the resolution. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayettevi lle-ar.gov DISCUSSION: The Fayetteville Natural Areas Foundation requests that their $4,700 distribution to the City of Fayetteville for this year and the distributions for the two succeeding years be used to help complete the $300,000 commitment from the Fayetteville Natural Heritage Association (FNHA) toward the purchase of Mt. Kessler. The $4,700 check from the foundation has been received by the City for the 2014 distribution. The 2015 and 2016 distribution amounts are unknown at this time. The Foundation accepts donations from citizens who wish to contribute to the mission of conserving natural areas in Fayetteville. BUDGET/STAFF IMPACT: This funding will help in the purchase of Mt. Kessler and with other land purchases in the future. As land is added into our parks system, there will be an impact on staff, maintenance and other operational expenses for the Parks and Recreation Department. Attachments: Resolution including Exhibit B: Designated Fund Agreement — Statement of Donor's Intent Donor's Request Resolution No. 40.14 — Mt. Kessler Acquisition OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Paul Becker, Finance Director Jeremy Pate, Development Services Director Connie Edmonston, Parks & Recreation Director Marsha Hertweck, Accounting Director FROM: Kit Williams, City Attorney DATE: May 14, 2014 i F 'AYE? 0 Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal RE: Resolution to establish Fayetteville Natural Areas Preservation Account Dr. and Mrs. Pete Heinzelmann (and probably other generous citizens) wish to have the City establish a Fayetteville Natural Areas Preservation Account into which they and others can donate. The purposes and limited possible uses of the Preservation Account are described on Exhibit B "Statement of Donor's Intent" which is attached. I have drafted a Resolution to establish this account to which I also propose to attach Exhibit B. This account will likely become very substantial in the future and provide vital funds that could be used by the City to partially acquire and preserve Fayetteville Natural Areas. Since these would be most likely to be used to acquire natural park areas, I suggest Connie begin an Agenda Item recommending that the City Council approve the attached Resolution. 1 RESOLUTION NO. A RESOLUTION TO ESTABLISH THE "FAYETTEVILLE NATURAL AREAS PRESERVATION ACCOUNT" AND TO ESTABLISH REQUIREMENTS FOR DISBURSALS THEREFROM WHEREAS, generous Fayetteville area citizens wish to help the City preserve natural areas within Fayetteville for the use and enjoyment of future generations; and WHEREAS, these donors wish to direct their donations into a specific "Fayetteville Natural Areas Preservation Account" which is only accessible under specified conditions for specified purposes. 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 establishes the "Fayetteville Natural Areas Preservation Account" within the General Fund and agrees that such funds may only be used by the City of Fayetteville as specified on Exhibit B Statement of Donor's Intent (attached). PASSED and APPROVED this 17th day of June 2014. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville ATT: Fayetteville Parks and Recreation Department 113 West Mountain Street Fayetteville, AR 72701 May 28, 2014 Dear Mrs. Edmonston, The Fayetteville Natural Areas Foundation donors request that their $4,700 distribution to the City of Fayetteville for this year and the distributions for the two succeeding years be used to help complete the $300,000 commitment from the Fayetteville Natural Heritage Association (FNHA) toward the purchase of Mt. Kessler. We hope the creation of this foundation will encourage citizens to donate to conserve Mt. Kessler, as well as other natural areas of Fayetteville for our citizens to enjoy today, and to leave for future generations. Sincerely, Peter R. Heinzelmann Margaret E. Heinzelmann RESOLUTION NO. 40-14 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A 50/50 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,500,000.00, TO USE THIS GRANT AND $1,600,000.00 OUT OF RESERVES TO PURCHASE ABOUT 328 ACRES OF MT. KESSLER FROM CHAMBERS BANK AND TO BUILD A TRAILHEAD, TO APPROVE A LAND SWAP WITH CHAMBERS BANK, TO SUPPORT A PARKLAND DEDICATION OF ABOUT 48 ACRES FOR FUTURE PARKLAND CREDIT AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has a unique opportunity to work with the Walton Family Foundation, Fayetteville Natural Heritage Association and Chambers Bank to acquire and preserve 376 acres of Mt. Kessler for $3,000,000.00 and parkland dedication so that the Regional Park will grow to almost 600 contiguous acres of amenities running the gamut from developed sports fields to mountain biking and nature trails; and WHEREAS, the City will also need to spend about $100,000.00 from reserves to develop a public trailhead for the many nature, hiking, biking and recreational trails already established and to be established and enhanced as part of the Regional Park. 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 the City of Fayetteville application for the 50/50 matching grant with the Walton Family Foundation, extends its deepest appreciation and gratitude to the Walton Family Foundation for this grant, agrees to accept and match this $1.5 million donation with City funds from reserves, agrees to use this Three Million Dollars to purchase about 328 acres from Chambers Bank, agrees to build the public trailhead for about $100,000.00 from reserves and authorizes Mayor Jordan to sign all necessary documents and agreements necessary to accomplish this grant, purchase and project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to support and recommend that the Fayetteville Planning Commission accept a parkland dedication of about 48 acres by Chambers Bank to be used for future parkland credit. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby agrees to swap those parcels of City land with Chambers Bank for the Chambers Bank parcels and trail easements all as identified on the map attached to this Resolution as Exhibit A. Page 2 Resolution No. 40-14 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment recognizing grant revenue of $1.5 million from the Walton Family Foundation and expenditures of $3.1 million for purchase of the Mt. Kessler property and construction on the trailhead. PASSED and APPROVED this 18th day of February, 2014. APPROVED: ATTEST: B / ./;oar!/r/ 'ONE P.IRS N, Mayor By: rI) . SONDRA t:S141:"-IVIITH, City Clerk/Tre1L.asurer - T1417'1.'7'. ,-,.."- 44�'liiilil:►tib*`,� CITY OF Wig MEETING OF JUNE 17, 2014 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: ',Connie Edmonston, Parks aid Recreation Director CITY COUNCIL AGENDA MEMO DATE: M 30, 2014 Rui SUBJECT: Approv of a resolution o establish the "Fayetteville Natural Areas Preservation Account" d to recogni e the receipt of $4,700 distribution this year and the distributions for the succeed'g years to be used to help complete the $300,000 commitment from the Fayet ville N ural Heritage Association towards the purchase of Mt. Kessler. RECOMMENDATION: Approval of a resolution to establish ; he "Fayetteville Natural Areas Preservation Account" and to recognize the receipt of $4,700 d'strib on this year and the distributions for the two succeeding years to be used to hel,• comp''te the $300,000 commitment from the Fayetteville Natural Heritage Association tows ds the pu `< hase of Mt. Kessler. BACKGROUND: The Fayetteville Natural Areas F:• undation was crated by Dr. and Mrs. Pete Heinzelmann, and Duane and Judy Woltgen. The , ission of the foun• -tion is as follows: "Dedication to conservi g the natural areas of yetteville and its environs for the benefit of pres t and future generations. This foundation is managed .y the Endeavor Foundation. e foundation's distributions will be paid into the City of Fayette 'ille's account named as Fayette ille Natural Areas Preservation Account. These funds may only be used by our City to purch e land appropriate for nature preserves and/or conserva ion easements. The land must be u -d for "passive recreation such as nature study, biking, hi ing, walking, and boating, which may! clude areas along rivers and streams or lakes such as ake Fayetteville." In addition, the fundi may be used for onsite kiosks and signage. The a funds may not be used for organized s • • rt recreational areas or support facilities such as athrooms or parking lots. Support facilitie such as public access points and /or trailheads ith restroom/parking may be constructed on he property utilizing other funding sources. The Fayetteville Natur Areas Foundation funds may only be used for up • one-third of the cost of the land. The ity's two-thirds funding match required by the founda ion may only be used for the cost of la d or conservation easement. The City must pay for all surveying and appraisal costs. See a attached Designated Fund Agreement - Statement of Donor's Intent, as included as Exhibit ,E3 in the resolution. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov DISCUSSION: The Fayetteville Natural A Fayetteville for this year an complete the $300,000 com toward the purchase of Mt. Ke by the City for the 2014 distribu this time. The Foundation accep of conserving natural areas in Fay as Foundation request the distributions for th tment from the Fay sler. The $4,700 'on. The 2015 a donations fro tteville. BUDGET/STAFF IMPACT: This funding will help in the purchase As land is added into our parks system, operational expenses for the Parks and Attachments: Resolution including Exhibit B: Designated Donor's Request Resolution No. 40.14 — Mt. Kessler Acqui tion that their $4,700 distribution to the City of two succeeding years be used to help eville Natural Heritage Association (FNHA) eck from the foundation has been received 2016 distribution amounts are unknown at citizens who wish to contribute to the mission ssler and with other land purchases in the future. will be an impact on staff, maintenance and other ation Department. d Agreement — Statement of Donor's Intent 2