TO: Mayor and Members of City Council
THRU: Douglas J. Hewett, City Manager, ICMA-CM
FROM: Kristoff Bauer, Deputy City Manager
DATE: March 18, 2019
RE:
Title
Senior Center East - Second Condemnation Resolution
end
COUNCIL DISTRICT(S):
Council District(s)
2
b
Relationship To Strategic Plan:
Desirable Place to Live, Work and Recreate
Obj. 1: To enhance recreation, leisure and cultural opportunities for all to thrive that reflects our diversity
Citizen Engagement & Partnerships
Obj. 3: To develop and maintain collaborative relationships between government units, the local military and stakeholders
Executive Summary:
The City has been working with Fayetteville State University (“FSU”) to develop a collocated wellness facility and senior center on the corner of Murchison and Filter Plant. The Council authorized the execution of a Memorandum of Understanding (“MOU”) on December 10, 2018. The first step is to obtain site control which requires both parties to acquire land not currently owned. This item requests that Council pass the attached resolution authorizing condemnation of three parcels the owners of which have failed to respond to the City’s communications regarding potential acquisition.
Background:
The City’s Parks & Recreation Bond included two senior centers; one in western Fayetteville and one in the east. The Western Senior Center is under construction on a location adjacent to Lake Rim. After discussion during the January 2, 2018, Work Session and based on the recommendation of the Parks Bond Council Subcommittee, Council approved a Memorandum of Understanding (“MOU”) with Fayetteville State University (“FSU”) to study the joint development of a wellness facility and the eastern senior center on the corner of Murchison and Filter Plant on January 8, 2018.
The feasibility study was completed and was discussed by Council during the June 4, 2018, Work Session. The study examined options including:
• The joint development of FSU’s wellness facility and the City’s senior center into a single building
• The joint development of FSU’s wellness facility and the City’s senior center into a single building along with a natatorium supportive of high school athletic programs and tournaments
• The collocation of FSU’s wellness facility and the City’s senior center on a jointly develop development site sharing parking and other infrastructure but otherwise separate and sitting on independently owner parcels
The Council referred the matter to the Parks Bond Council Subcommittee for further discussion with FSU representatives in order to develop a recommendation to Council regarding the form of this partnership.
Through those discussions it became clear that the collocation of facilities was the preferred option. It also became clear that FSU’s project needed to be completed earlier than the City’s. Working with the Park Bond Committee, staff developed a financial plan that supports an initial investment in property acquisition and site design and construction in FY19, but defers final design and construction until FY20 & FY21. That plan was approved by Council on November 26, 2018.
Beginning in 2012, the City worked with FSU to clean up the old Washington Dr. school site and place this property into FSU ownership. FSU and the FSU Association acquired additional properties in the area and initiated some masterplan efforts of the area. Those plans have not been implemented. This project would result in an enhanced street edge along Washington Dr., Murchison Rd, and Filter Plant Dr. significant enhancing a gateway to FSU along the Murchison corridor.
The Council approved execution of the MOU with FSU on December 10, 2018, and it was signed shortly thereafter. The Council also approved at that time a budget ordinance providing initial funding for the project and a resolution authorizing the condemnation of properties with known title issues; that is properties with unclear ownership usually due to an owner dying without a will.
Issues/Analysis:
The initial project development will require that the parties work together to accomplish the following:
• Site Control (acquiring all the property necessary)
• Site Design and Permitting
• Property Recombination and Division
• Site Development
Site Control:
The project site is just under 10 acres. As depicted in the attached map of the project area, FSU owns about 30% of the site. The City owns about 20%. That leaves half the site to be acquired.
Since Council’s action on December 10, 2018, staff has initiated condemnation on the parcels authorized at that time and made several efforts to contact the three remaining property owners to negotiate the acquisition of their parcels. Unfortunately, those efforts have not been successful. The property owners have failed to respond at all.
The condemnation process in this case can take a year or more for the City to obtain title to the property. The City’s failure to acquire these three parcels could delay the project. Staff recommends initiating the condemnation process on these three remaining parcels with the expectation that any opportunity to negotiation a sale will be actively pursued.
The Council’s Park Bond Subcommittee considered this issue and moved to recommend that Council approve the attached resolution authorizing condemnation.
Budget Impact:
Funding identified at this time:
City $5.5 million
FSU $5.5 million
Total $11 million
Of the City’s $5.5 million programed for this project, $100,000 is identified for property acquisition and $2,000,000 for site development in FY19. The attached Capital Project Ordinance 2019-22 appropriates $2,100,000 of anticipated bond proceeds to initiate this project consistent with the proposed MOU.
The current tax rate includes 1.42 cents dedicated to support the debt service and project costs for the parks and recreation bond program.
Options:
- Pass the attached resolution authorizing condemnation
- Request additional information and defer action on this item (delay could make meeting FSU’s identified timeline more difficult)
Recommended Action:
Staff recommends that Council approved resolution authorizing condemnation.
Attachments:
FSU Wellness & Senior Center Site Map
MOU with FSU and FSU Foundation Regarding Joint Development of Wellness & Senior Center
Resolution Authorizing Condemnation