HomeMy WebLinkAbout193-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 193-22
File Number: 2022-0761
OLD MISSOURI LAND DEVELOPMENT, LLC:
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH OLD MISSOURI
LAND DEVELOPMENT, LLC FOR TRAIL IMPROVEMENTS ALONG THE EAST SIDE OF
OLD MISSOURI ROAD NEAR THE ROLLING HILLS DRIVE INTERSECTION WITH A
REFUND IN AN ESTIMATED AMOUNT OF $58,533.00 TO BE PAID BY THE CITY OF
FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$6,000.00
WHEREAS, Old Missouri Land Development, LLC is developing property located on the east side
of Old Missouri Road near the intersection of Rolling Hills Drive; and
WHEREAS, the developer is required by the Master Street Plan to construct an 8-foot-wide
sidewalk along their frontage of Old Missouri Road; and
WHEREAS, the Active Transportation Plan shows a shared use paved trail to be constructed along
the east side of Old Missouri Road along the frontage of this development andstaff has requested that
the developer include an additional 4 feet of concrete to expand the 8-foot-wide sidewalk to a 12-foot
trail; and
WHEREAS, the additional cost of the trail, including widened crosswalks and additional property
dedication, totals $58,533.00 and exceeds the rough proportionality of the development's impact so
the City agrees to provide the additional funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1 Printed on 917122
Resolution: 193-22
File Number.- 2022-0761
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a cost share agreement with Old Missouri Land Development, LLC for trail improvements
along the east side of Old Missouri Road near the intersection of Rolling Hills Drive, with a refund in an
amount not to exceed $58,533.00 to be paid by the City of Fayetteville, and further approves a
project contingency in the amount of $6,000.00.
PASSED and APPROVED on 9/6/2022
Attest: �t`���FKy� }TRE►���,.
f: YETrtEVILI.i.
Kara Paxton, City Clerk Treasurer•
Af
Page 2 Printed on 917122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0761
Agenda Date: 9/6/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.2
OLD MISSOURI LAND DEVELOPMENT, LLC:
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH OLD MISSOURI LAND
DEVELOPMENT, LLC FOR TRAIL IMPROVEMENTS ALONG THE EAST SIDE OF OLD
MISSOURI ROAD NEAR THE ROLLING HILLS DRIVE INTERSECTION WITH A REFUND IN AN
ESTIMATED AMOUNT OF $58,533.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00
WHEREAS, Old Missouri Land Development, LLC is developing property located on the east side of Old
Missouri Road near the intersection of Rolling Hills Drive; and
WHEREAS, the developer is required by the Master Street Plan to construct an 8-foot-wide sidewalk along
their frontage of Old Missouri Road; and
WHEREAS, the Active Transportation Plan shows a shared use paved trail to be constructed along the east
side of Old Missouri Road along the frontage of this development andstaff has requested that the developer
include an additional 4 feet of concrete to expand the 8-foot-wide sidewalk to a 12-foot trail; and
WHEREAS, the additional cost of the trail, including widened crosswalks and additional property dedication,
totals $58,533.00 and exceeds the rough proportionality of the development's impact so the City agrees to
provide the additional funding.
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 authorizes Mayor Jordan to sign a
cost share agreement with Old Missouri Land Development, LLC for trail improvements along the east side of
Old Missouri Road near the intersection of Rolling Hills Drive, with a refund in an amount not to exceed
$58,533.00 to be paid by the City of Fayetteville, and further approves a project contingency in the amount of
$6,000.00.
City of Fayetteville, Arkansas Page 1 Printed on 91712022
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
2022-0761
Legistar File ID
September, 6th 2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/17/2022 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a cost share with Old Missouri Land Development, LLC to pay $58,533.00 for trail
improvements along the east side of Old Missouri Rd. near the intersection of Rolling Hills Dr. and approve
contingency in the amount of $6,000.00.
Li/IdE:iiI�lE:�:�►ZiII.�:�il:][iI�
Account Number
02116.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Sales Tax Capital Improvement Fund
Fund
Cost Share/ROW/Intersection/Street Calming
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 660, 742.00
$ 298,565.00
$ 362,177.00
$ 64,533.00
297, 644.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 6TH, 2022
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director/City Engineer
FROM: Matt Mihalevich, Active Transportation Manager, Engineering Division
DATE: August 16, 2022
SUBJECT: 2022-0761 - Cost Share with Old Missouri Land Development, LLC for trail
improvements along Old Missouri Road.
RECOMMENDATION:
Staff recommends approval of a cost share with Old Missouri Land Development, LLC to pay
$58,533.00 for trail improvements along the east side of Old Missouri Rd. near the intersection
of Rolling Hills Dr. and approve contingency in the amount of $6,000.00.
BACKGROUND:
In May of 2022, the Planning Commission approved LSD-2022-0012: Stage Station. The Active
Transportation Plan shows a shared use paved trail to be constructed along the east side of Old
Missouri Rd. along the frontage of this development. The developer is required by the Master
Street Plan to construct an 8-foot-wide sidewalk along their frontage of Old Missouri Road.
To create the 12-foot wide shared use trail, staff has requested that the developer include an
additional 4 feet of concrete to expand the 8-foot-wide sidewalk to 12-foot-wide trail. The cost to
widen the sidewalk, include widened crosswalks and additional property totals $58,533. The
trail improvements exceed the rough proportionality of the development project so city funding
would be applied by this cost share to close the funding gap and construct the trail.
DISCUSSION:
To work toward completing this important trail connection over time, it is essential that the portion
of trail improvements are constructed as adjacent development occurs along the route. With this
proposed cost -share, a 12-foot wide shared use paved trail will be constructed to provide safe
passage of trail users in pursuit of the City's goals to support users of all ages and all abilities.
BUDGET/STAFF IMPACT:
This cost share is funded by the Sales Tax Capital Improvements Fund for Cost Shares.
Attachments:
Cost Share Agreement with Old Missouri Land Development, LLC
Exhibit "A" Trail Plan
May 5t", 2022 Letter from Jorgenson + Associates
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CONTRACTUAL AGREEMENT FOR
COST SHARE OF TRAIL IMPROVEMENT COSTS
This Agreement, made and entered into on this day of
between the City of Fayetteville, Arkansas ("City") and Phil Crabtree
Missouri Land Development, LLC ("Owner"), witnesseth:
2022, by and
as agent for owner, Old
WHEREAS, Owner has proposed a new residential development, approved along
Old Missouri Road between Rolling Hills and Old Wire Roads, and
WHEREAS, the _Owner_ is required to construct 8-foot-wide sidewalk on Old Missouri
Road's eastern right-of-way valued at $64,750, and
WHEREAS, the Active Transportation Plan identifies a 12-foot-wide trail be constructed
along Old Missouri Road, and
WHEREAS, trail improvements, which exceed the rough proportionality of impact of the
project are necessary along the Old Missouri Road property frontage to comply with the Active
Transportation Plan.
WHEREAS, _Owner_ has committed to constructing a 12-foot wide trail according to the
City standard for trail construction along their Old Missouri Road. property frontage and provide
the necessary land property to locate the trail in a location that will save numerous pine trees, and
WHEREAS, the City of Fayetteville Engineering Division recommends the trail
improvements, which exceed the rough proportionality of impact from the development be funded
by means of a cost share.
NOW, THEREFORE, the City of Fayetteville, Arkansas and Owner_ agree as
follows:
1. The City of Fayetteville, Arkansas agrees to:
A. Reimburse Owner for $58,533 which represents the cost for land and 4
additional feet of concrete to install approximately 985 linear feet of 12-foot
concrete trail according to the City trail standard detail, including erosion
control, excavation, 2' of select fill with 1 foot overbuild on each side, 4" class
7 base with 1 foot overbuild on each side, 4" concrete trail with fiber
reinforcement, fine grading, sod mow strip, conduit, colored concrete
crosswalk, signage and thermoplastic for crosswalk along Old Missouri Road.
as shown in Exhibit "A", attached.
B. Payments due to _Owner_, shall be remitted within sixty (60) days after
receipt of valid invoices, and pending successful inspection and acceptance of
the completed work by the City of Fayetteville Engineering Division.
Pagel of 2
2. —Owner_ agrees to:
A. Provide the necessary and normal project management, inspection, and testing
as necessary to complete the work shown on Exhibit "A", in accordance with
the City of Fayetteville Minimum Street Standards, and City Standard Details,
both of which are available at h :// .f etteville-ar. ov/445/En ineerin -
Soecs-Details
B. Provide a copy of the invoices from the Contractor upon completion and City
approval of the trail improvements described in Exhibit "A".
C. Pay for the trail improvements with a not to exceed reimbursement of $58,533
of the cost by the City of Fayetteville.
It is further understood that the contract for construction is between Owner and
their Contractor and that the City has no contractual obligation with either the
Contractor or any agent for —Owner—. The City's only obligation shal i be to
participate in a contractual agreement with a not -to -exceed amount of $58,533 for the
associated trail improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
PO BOX 8878
Fayetteville, AR 72703
Old Missouri Land Development, LLC
By:,�,L
D! issouri Land Development LLC, President
ATTEST:
s
By:
Clay Morton, 8/10/22
CITY OF FAYETTEVILLE,
ARKANSAS
By:,
LD JOR*N, Mayor
ATTEST: t'`s��c►►sf►►►►�►►
,gye, KIrR•�4
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By:
Kara Paxton, City ClerkT�,� 17VlLl:r.;
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PROJECT TITLE: STAGE STATION
J O RG E N S E N Fa t sidle. AR
Drive, suite 5 LOCATION: E: CO T SHARE
AR
Fayetteville. Alz 72703 SHEET TITLE: COST SHARE AGREEMENT EXHIBIT'A' �
+ASSOCIATES Office:479.442.9127 DRAWN BY:BWJ w
www.jorgensenassoc.com SHEET SCALE: NTS
Civil Engineering + Surveying Established 1985 DATE: 8.15.22
PROJECT FILE: ZASubdivisions\2021181 - Stage\dwg\Stage-LSD.dwg
JORGENSEN
+ASSOCIATES
vCivil Engineering - Surveying
May 5, 2022
City of Fayetteville
Development Services
113 West Mountain Street
Fayetteville, AR 72703
CoF Job # 2022-0012
J+A Job #2021161
Attn: Planning
Re: Stage Station LSD -Trail Cost Share
To whom it may concern;
124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
Office: 479.442.9127
www.iorgensenassoc.com
Established 1985
In regards to the Stage Station multi -use trail, we are kindly seeking a cost share for this project. This
collaboration would bring a much needed trail along Old Missouri and by participating in the cost share, we will
be able to move the trail outside the right-of-way, donate some land, and save numerous pine trees. Our
proposal is to build the 12' trail with this project, wherein we would normally have to build an 8' sidewalk as per
the MPS, and we are asking the city contribute 4' of extra sidewalk along with signage/striping and the donated
ROW.
Our estimate for this work is as follows:
Developer's responsibility:
8' wide trail, 985 LF = 875 SY x $74/SY = $64,750
City's responsibility:
4' wide cost share, 985 If = 437 SY x $74/SY = $32,338
8,217 SF (0.188 ac) of land donated for the trail @ $86,146/ac = $16,195
Thermoplastic, Colored Concrete and Signage: $10,000
Total: $58,533
Total amount we are requesting the city to cost share = $58,533
We look forward to working with the city to make this a successful project.
Sincerely;
�6
Jae Jorgensen, P.E.