Fiscal Note
This resolution authorizes earthwork to be performed on future City parkland under private contract 9783. No City Funds required. Private contract.
Title
Approving plans and specifications for earthwork necessary for the Subdivision known as Starkweather Plat, and authorizing construction to be undertaken by the Developer, Private Contract No. 9783. (District 15)
Body
WHEREAS, Resolution 24-00592, Legislative File ID# 84994, approved the Starkweather final plat, which plat dedicated Outlot 7 (the “Property”) to the City for park purposes; and,
WHEREAS, a park Master Plan for the Property has not been adopted by the Board of Park Commissioners, however significant earthwork will be required prior to any development of the park at that location; and,
WHEREAS, Resolution 25-00318, Legislative File ID# 88184, authorized plans and specifications for public improvements required to serve Phase 1 of the Starkweather Subdivision Plat and for construction of said public improvements to be undertaken by the developer, Starkweather, LLC (the “Developer”); and,
WHEREAS, the Phase 1 work will serve the Property, although the work does not include park grading directly associated with the plat development; and,
WHEREAS, substantial grading is required for Phase 1 public improvements, resulting in the need for the Developer to dispose of fill and topsoil; and,
WHEREAS, to reduce haul time and project costs, the Developer proposes to perform earthwork within the Property; and,
WHEREAS, an approved Materials Management Plan by the Wisconsin Department of Natural Resources is required prior to any earth disturbance within the Property; and,
WHEREAS, any contaminated material placed or disturbed within the Property shall be addressed in accordance with conditions of the approved Materials Management Plan by the Wisconsin Department of Natural Resources; and,
WHEREAS, the Parks Division is agreeable to allowing the Developer to utilize the Property for earthwork associated with the construction of Phase 1 public improvements of the Starkweather Plat, subject to final approval by the Parks Superintendent, and provided that the proposed earthwork shall accommodate a future multi-use path through the Property.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor and City Clerk are hereby authorized and directed to execute a Contract For the Construction of Public Improvements That Will be Accepted by the City of Madison for Starkweather Plat-Parkland Earthwork, with Starkweather, LLC, or designee, in a format consistent with the terms noted above and that are approved by the City Attorney and the Parks Superintendent.
2. That the plans and specifications for the construction within the Property necessary to serve the Starkweather Plat are hereby approved
3. That the Developer is authorized to construct the public improvements in accordance with the terms of the Contract For the Construction of Public Improvements That Will be Accepted by the City of Madison at the sole cost of the developer, except as follows: none.
4. The developer shall be permitted to assign this contract with the approval of the Parks Superintendent, and in a form to be approved by the City Attorney.