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HomeMy WebLinkAbout1997-08-19 Minutes269 A MEETING OF THE FAYETTEVILLE CITY COUNCIL A meeting of the Fayetteville City Council was held on Tuesday, August 19, 1997, at 6:30 p.m., in the Council Room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Donna Pettus, Kit Williams, Len Schaper, Heather Daniel, Cyrus Young, and Randy Zurcher; City Attorney Jerry Rose; City Clerk/Treasurer Traci Paul; staff; press; and audience. ABSENT: Aldermen Stephen Miller and Trent Trumbo Mayor Hanna called the meeting to order with six aldermen present. ADA EMPLOYER OF THE YEAR AWARD Mayor Hanna presented the City's Americans With Disabilities Employer of the Year Award to the J. C. Penney store in the Northwest Arkansas Mall. Dean Redford, store manager, accepted the award. NOMINATING COMMITTEE REPORT Alderman Daniel nominated James Alford for the Cable Board. Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 6 to 0. CONSENT AGENDA Mayor Hanna introduced consideration of items which may be approved by motion or contracts and leases which can be approved by resolution and which may be grouped together and approved simultaneously under a consent agenda: A. Minutes of the August 5 regular City Council meeting; B. A resolution approving a contract with Ozark Restoration in the amount of $34,000 for rehabilitation of a residential structure in conjunction with the Community Development Home Buyer Program; RESOLUTION 74-97 AS RECORDED IN THE CITY CLERK'S OFFICE. C. A resolution approving an engineering contract with Milholland and Company in an amount not to exceed $60,350 for the development of detailed plans and specifications for the improvement of Poplar Street from Gregg Street to Leverett; RESOLUTION 75-97 AS RECORDED IN THE CITY CLERK'S OFFICE. 1 270 August 191 1997 A resolution approving a construction contract with Hunnicutt Construction Co., Inc., iri the amount of $17,200. plus a 10°% project contingency of. $1,800 for two Fayetteville entryway signs; RESOLUTION 76-97 AS RECORDED IN THE CITY CLERK'S OFFICE. Alderman Williams moved to accept..the consent agenda: Alderman Schaper seconded. Upon roll call, the motion passed on a vote of 6 to 0. OLD BUSINESS ANNEXATION RZA97-10 Mayor Hanna announced this item was removed from the agenda until September 2, 1997. NOISE ORDINANCE Mayor Hanna announced this item has been referred to the Ordinance Review Committee. REZONING RZ97-15 Mayor Hanna introduced consideration of an ordinance rezoning 2.78 acres located north of Wedington Drive and east of Salem Road from C-2, Thoroughfare Commercial, to R-2,.Medium Density Residential, as requested by Brian Ray on behalf of Clary Development. This ordinance was left oh the second reading at the August 5 Council meeting. City Attorney Rose read the ordinance for the third time. r < - /;. Alett Little, Planning Director;..stated•she'd been informed by the City Clerk that the applicant has asked for this to be postponed until the September 2;.1997,.,Council meeting. • City Clerk Traci Paul confirthed that the applicant had called her office to make this request. Rose stated it,was now' 'on,its'third reading and, could be tabled until the next meeting. • Alderman Daniel moved to table this untilthenext meeting. Alderman Schaper askedif this item went with item 4 on the agenda, the greenspace waiver for Summit. Development. 271 August 19, 1997 Little responded it does, but they have not asked for item 4 to be postponed. Brian Ray, Development Consultants, stated the reason they did not want the rezoning to go forward at this time is they would like to wait until the large scale development plan for this property is approved. The sale of the property will not take place until the large scale development plan is approved. The owner does not want it rezoned until there is a workable plan. Alderman Schaper asked if it is legal to approve a large scale development on land that is not appropriately zoned. Little replied the approval cannot be other than contingent upon rezoning. This is proper. She believed the greenspace waiver must be had in order for the large scale to be processed. Alderman Pettus seconded the motion to table. Upon roll call, the motion passed on a vote of 6 to 0 APPEAL GREENSPACE REOUIREMENT--PACESETTER PROPERTIES Mayor Hanna introduced an appeal of the decision of the Parks & Recreation Advisory Board to require the dedication of park land within the Pacesetter Properties Development located north of Salem Village and west of Salem Rd. as requested by Michele Harrington on behalf of Pacesetter Properties. This item was postponed at the August 5 Council meeting. Michele Harrington, attorney, stated they are seeking a waiver of the park land ordinance as it relates to this subdivision due to the unique circumstances regarding what the developers might be able to do for the City. The developers have worked hard to find a way to utilize a piece of land that they have the opportunity to purchase and put in the hands of the City, which the City can add to the 15 acre proposed girls softball complex, making it a nearly 24 acre park. In the course of submitting that proposal, the developers would ask that the park land requirement for the subdivision be waived. Hopefully, the ability to add on to that park and provide access to the east, to provide irrigation, and to provide a picnic and walking area would make this a great addition to the park. This subdivision is in a unique location. There is a large school ground and park across the street. Ms. Harrington stated her clients would additionally like to offer a lot in the subdivision for the smaller children to use as a playground within the subdivision. That lot could be of the Parks Board's choosing. This would not be the same size as the 3.75 acres required, but it would go some distance to ameliorate the concerns about having a park right in the subdivision. 3 August 19, 1997 Alderman Pettus asked if the Parks & Recreation Department been .talked to about this,proposal of deeding a lot. Ms. .Harrington conferred with her clients and informed the Council this was new this evening. Alderman Schaper suggested the neighborhood park could be maintained by a property owners association. Mayor Hanna suggested letting the developer to chose a lot and have playground equipment and maintain until the subdivision is sold out Parks Department could assume res had Parks Department work with the the developers agree to install it for three to five years or , then the homeowners or the onsibilit P y. Alderman Daniel suggested the Parks Department could purchase an additional adjoining lot. Alderman Young noted there were two triangle lots, which are hard to build on but would make nice parks. Alderman Williams stated the Council has indicated to the Parks Department that if the Council accepts this, they are asking the Parks Department to develop part of the' large park next to it with. equipment. Kevin Crosson, Public Works. Director, agreed this had been discussed but did not realizedthere was a consensus on this. H stated staff had pointed out there is a significant set of playground equipment there with the school that the City installed. Alderman Williams explained he did not mean to have a playground there, but rather picnic tables and things like that. • Alderman Pettus asked for clarification of what was before the Council. She asked if the appeal was the same as what was being discussed. . Ms. Harrington replied a Parks Board meeting has intervened at which time this was brought up as a new option and it has turned into a waiver. At this point, they are asking for a waiver rather than an appeal. Alderman Young asked' 'Council to waive'.the the proviso that the the 'subdivision •for' Ms. Harrington replied that is if,their request was for a motion from the -requirements. and accept the nine acres with developer. would dedicate at least one lot in a park.. • 273 August 19, 1997 Alderman Williams stated he was Alderman Pettus seconded. Upon vote of 6 to 0. happy to make that motion. roll call, the motion passed on a CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Mayor Hanna introduced a public hearing and consideration of a request for a Certificate of Public Convenience and Necessity for the operation of Tony C Taxi Service in Fayetteville as submitted by Tony Catroppa. Information was handed out to the Council regarding the Elderly Taxi Program, as requested at agenda session. Ben Mayes, Administrative Services Director, stated the City has not received any calls or complaints regarding the Elderly Taxi Program for lack of service since Twin City has stopped their service. Jerry Paddock, representing Mr. Catroppa, explained Mr. Catroppa's request. The City has recently lost a taxi service. Mr. Catroppa currently operates a taxi service in Rogers and has received permission from the City of Springdale to operate a taxi service there. This area has been designated a metro area. Mr. Catroppa's intention is to develop a service that will serve this metro area. Mr. Catroppa's Rogers cabs are well maintained and provide good service. There is a need for this in this area. It is Mr. Catroppa's intention to put enough units within the Fayetteville -Springdale area to cover the loss of the recent company and to enhance the service, especially at night. He intends to place three units in Fayetteville at first. Certificates of insurance will be provided for each one. Alderman Daniel reported she has not received any calls from the other cab companies. No other alderman reported receiving a call. Mr. Paddock thought a good deal of Mr. Catroppa's customers will be later in the evening, rather than the elderly. This would run 24 hours a day. The proposed rate is slightly under rates being charged now, a $2 initial charge and $1 per mile following. Mayes confirmed this is in line with rates in the city now. Mr. Paddock stated Mr. Catroppa is currently in the process of putting together a satellite location for the Fayetteville - Springdale area. He hasn't started operating in Springdale yet. The central dispatch will be at the Rogers location. The company currently has six cabs and is operating two. The other four will be for Springdale and Fayetteville. 5 274 August Tony Catroppa explained the as he owns restaurants that should take a cab. Getting Alderman Pettus asked if he .cars.and take a taxi. 19, 1997 cab business is a necessity for him serve.liquor and people who drink a cab at night is hard. has actually had people leave their Mr. Catroppa answered he has. The police -in Rogers have thought his restaurant was open at 3:00 in the morning because the parking lot was so full of cars. The people had taken cabs. He stated he has had no safety problems with his cabs. 'Mayor Hanna asked for comments from the audience. There were none. - Alderman Daniel moved that the Council grant this request for Certificate of Public‘Convenience, Alderman Pettus seconded. Upon roll call, the motion passed on a vote of 6 to 0. GREENSPACE WAIVER --SUMMIT DEVELOPMENT Mayor Hanna introduced a resolution granting a waiver of the greenspace land requirement and accepting money in lieu for the proposed Fayetteville apartment development of Summit Development. Brian Ray, Development Consultants, stated this land totals 8.5 acres and they are .proposing to build 203 units, a little below the maximum allowed. About half the site would have to be given for greenspace. A justification of the waiver is that this will -be a senior citizens:apartment complex. Another justification is its proximity to,'an existing,parkc, Davis Park; two and a half 'blocks away. r .. Alderman. Schaper..asked.whatlegalguaranteesthe City has that this is going -to be a senior citizehs complex. ':;Bruce Adams,; Summit Development;/responded they intend to design :the_praiect"and legally bind •the use•With restrictive covenants on the ownership and operation of this facility. Their intention is to maintain the project at an affordable level forseniors, which will potentially involve a bond financing program requiring. restrictive covenants. With the bond financing, the compliance period is 30 years. Alderman Schaper -remarked that after the bonds are paid off there would be nothing to prevent convertingthis td a. general apartment complex. He would like' to see something run with the land, a deed restriction on the land. 2 .5 August 19, 1997 Alderman Zurcher asked if the Council thought old people need greenspace any less than young people do. Alderman Williams noted that Davis Park is not too far away. He asked if any greenspace would be preserved for tenants. Mr. Adams replied greenspace has been maintained. They have proposed an abundant amount of landscape with an abundant amount of trees that exceeds code. Their intention is to provide a greenspace within the project. This, in addition to the proximity of the park, would address the needs of the senior residents. Alderman Williams has observed that the way to Davis Park is level, for ease of walking. He suggested the Parks Board should earmark for Davis Park whatever money it gets for this. Kevin Crosson, Public Works Director, thought there would be difficulty earmarking greenspace funds but there are plans to allocate an equivalent amount for Davis Park. Mr. Adams stated he supported this. Alderman Young stated this may start off as a senior citizen development, but it may not stay that way. Alderman Zurcher stated the primary campaign promise for the Penny for Parks Tax was money for more park lands. The City has not been able to buy more park land with that money. Here is an ordinance which entitles the City to require a certain amount of land. Putting more money into the existing park does not give the City more park land. It will be the same land with 203 units added to it. The Council would be cheating the city if it does not take the land it is entitled to. Alderman Williams responded that the Parks & Recreation Advisory Board has examined current and future needs. They found the need for 1994 was 18 to 36 acres, we currently have 38 acres and added another 9 acres up the road on Salem. We are adding park land and hope to add more. We can't take half the development, and we do have a park about two blocks away. Alderman Zurcher pointed out if it is zoned R-2 as requested, it could be densely populated. Crosson stated the ordinance gives the Parks be pragmatic in their recommendations to the Alderman Young asked how people will get out foot or by car, and how elderly people would 7 Board the ability to Council. to Salem Road, on get to the park. 276 August 19, 1997 Mr. Ray replied there is access back to Timberline and direct access along the sidewalks within two blocks without going down to Wedington, so there is direct access on the northwest corner of. this property .over to Davis Park. For.pedestrians, there is sidewalk in the large scale design. There is 42% greenspace, as planned without the dedication, and there are walking trails on the site itself in the large scale development plan. Mr. Ray presented a plat which showed 150 units in a three-story building. The remaining 53 units are within single -story, eight- plex or.five-plex units throughout the,site. With two stories, - you spend a lot on elevators without much return,' which is why they went with the --three-story unit with one-story accessories. 58% of the site is in building or parking lot coverage. The rest •.is in greenspace. There will. be a permanent water feature. They are talking about a pavilion and a walking path throughout the 'project. These plans have not been finalized, asthey depend on the development requirements and other things. The tree ordinance requires a minimum of 27treesin the parking lot and they will provide approximately 86 trees. Alderman Williams moved follow through on the waiver of greenspace requirement that the Parks & Recreation. Advisory Board presented. Alderman. Daniel seconded. Alderman Zurcher asked if the parking shown was the required parking for any large scale development of this many units. Mr. Ray replied they had requested a variance due to the senior status of the project. The national average is about .85 parking 'per senior unit. They would be receptive to a request by the Council to reduce parking to increase landscape. There being no further comments, Mayor Hanna called for the vote 'Upon roll call, the resolution passed on a vote of 5 to 2, with Mayor.Hanna voting yes and Aldermen Schaper and Zurcher voting no. ;,City -Attorney Rose announced tthis -resolution carried 5 to 2 with the Mayor's vote. RESOLUTION 77-97 AS RECORDED:IN THE CITY CLERK'S OFFICE " SERIES 1997 SALES TAX CAPITAL IMPROVEMENT REFUNDING BONDS Mayor,Hanna,;introduced approval of'idocuments associated with the refinancing of the Series 1986 Sales Tax Capital Improvement Bonds, which were originally issued to partially finance capita improvements related to the Walton Performing Arts Center._ 277 August 19, 1997 City Attorney Rose read the ordinance for the first time. Ben Mayes, Administrative Services Director, supplied a history and explanation of this ordinance. Back in 1986, the City issued $3,770,000 worth of bonds to assist in the construction of our arts center. Those bonds mature in the year 2007. In that issue, we pledged 20% of the City's share of the countywide sales tax. In 1995, the interest rate in the bond market had become such that it made sense to refinance those bonds. We had two professional selection teams. One selected a bond counsel, the Gill Law Firm; and the other team selected the underwriter, Stephens, Inc. These were approved by the Council in January of 1996. At about the same time, lawsuits were filed challenging countywide sales taxes. For this reason, the City delayed refinancing and refunding of this bond until the suits were resolved. The Supreme Court ruled in May of this year. This was on the agenda for the first meeting in June. The Washington County case was not actually dropped until two weeks ago, so there was a wait on that. Mayes stated the Council had a summary from Stephens, Inc. There is currently $2,940,000 outstanding on these bonds. By refunding these bonds, we can reduce that principal to $2,610,000. This is a reduction of approximately $330,000. The average interest rate is currently 7.05°%. The proposal in this refunding reduces that interest rate to 4.55%. The maturity is currently at 2007. The proposed maturity will be 2005. Our savings will be $619,000. The net present value on that savings will be $311,751. The pledge is still the same, 20% of the City's share of the countywide sales tax. Staff recommends going ahead with this refunding. Dennis Hunt, Stephens, Inc., reminded the Council of an August 12 preliminary pricing report. They were able to market the bonds at a slightly lower interest rate than was presented at that time. He stated they were committing to underwrite them at a 4.51%. He felt it was important to point out that, typically, on a refunding of this nature, you are looking at 4% to 5% net present value savings, a viable refunding candidate. This is in excess of 10% net present value savings. Alderman Daniel informed the public that the City would be paying a fee of $60,000 for this transaction. Mr. Hunt agreed total fees were approximately that amount, net on the $619,000. The $60,000 is already deducted. Alderman Williams moved to suspend the rules and go to the second reading. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 6 to 0. 9 278 August 19, 1997 ' City Attorney Rose read. the ordinance for the second time. Alderman Williams pointed out that City Attorney Rose had read the entire ordinance the first time. for legal. considerations. Alderman Pettus moved to suspend the rules and go to thethird and final reading. .Alderman Williams seconded: Upon roll call, the motion passed on a vote of 6 to 0. City Attorney Rose read the ordinance for the third time. Mayor Hanna asked for comments from the audience. There were none. He then called for the vote. Upon roll call, the ordinance passed on a vote'of 6 to 0. Rose informed the Council a vote on'the emergency clause was .needed. Upon roll call, the emergency clause passed on a vote -of 6 to 0. ORDINANCE 4050 IS FOUND ON PAGE OF ORDINANCE BOOK. EMINENT DOMAIN ORDINANCE Mayor Hanna announced this has been removed from the agenda. LAND PURCHASE --CLACK Mayor Hanna introduced a resolution authorizing the Mayor. and City Clerk.to enter into a contract 'for the purchase of a 0.95 acretof:u_nimproved..land located. on the north side of 20th,Street Aand.West of School Ave. froth Alan and Lawrence .Clack. :Alderman Schaper announced he ,would be abstaining on this issue. Mayor Hanna stated this is part of the land the City pledged to purchase to help the University of Arkansas do their project for Engineering South. When this purchase is finished, the - University and the City willcooperate to widen 20th Street., Mayor Hanna asked for audience comments. There were- none.' .Alderman Williams moved to go forth with the purchase. Alderman Pettus seconded. -Upon roll call, the resolution passed on a vote... of 5-0-1, with Alderman Schaper abstaining. ,RESOLUTION 78-97 AS RECORDED IN THE -CITY CLERK'S OFFICE 279 August 19, 1997 BOTANICAL GARDEN Mayor Hanna introduced a report from the Botanical Garden Committee and a resolution approving a land lease agreement with the Botanical Garden Society of the Ozarks, Inc. Alderman Williams reported the aldermen committee formed to study this has been working on this for several months. He stated the Council members now have before them a smaller version of the tentative master plan that the Botanical Garden of the Ozarks has presented. Donna Porter, Botanical Garden of the Ozarks, Inc., stated this organization has been trying for four years to get City approval for use of this land for a botanical garden. For three of those years, they have worked with the Parks Board. They have also been working on organizational development entailing board development, financial structuring, fund raising, and the cultivation of community support. One way they have tried to cultivate community support is by providing educational programs and projects for the public. Most of these have been funded by grants and greenspace money. Most of these accomplishments have been the result of strictly volunteer effort. Ms. Porter introduced Kay Curry, landscape architect, who designed the conceptual master plan. She noted this is not the final master plan. They will be hiring a landscape architectural firm for the final master plan, one with botanical design experience. This preliminary conceptual plan will serve as the backbone for the final plan. Ms. Porter reviewed the conceptual design and phases of site development for the Council. Alderman Williams noted the trail will go all around the lake. Alderman Williams noted that in the lease, Phase I is supposed to be completed in approximately three years from the date of the agreement. He called attention to section 11.3, Periodic Review, of the land lease agreement. This is to assure that this botanical garden will actually come about or the City will get the land back. Alderman Schaper noted the proposed trail easement goes around the periphery of the property, instead of around Lake Fayetteville. 11 280 August 19, 1997 Ms. Porter explained there is an existing trail'which is basically a walking trail.. Everyone is in agreement that it will .be left as a walking trail. The new trail would be a multi -use trail. Alderman Schaper expressed concerned that the total acreage is about 100 acres and the part proposed for development•is about 60 acres, an extremely ambitious project. He asked why not focus on just the fewer acres. Ms Porter spoke to the importance of restoration of natural areas. Alderman Schaper suggested having some type of agreement where the City agrees the remaining portion should be kept in a natural state and could be augmented by private efforts to do that, possibly even City efforts. He did not see the need to lease it - to the Botanical Garden Society. Ms. Porter responded they were willing to use their staff and volunteers to do this project. Alderman Williams stated admission fees would. be charged for the cultivated gardens, not to the woodland part. This will remain open to the citizens of Fayetteville. He feltsure this was in the agreement. • • Ms. Porter stated the woodland area would have to be restricted at the point it would access the gardens, but the western woodland property would remain open to the public. Alderman Zurcher suggested having a conservation easement, to keep it from eventually being developed. ;t,•Alderman.Young thought that is, essentially what this agreement 'does., Mayor Hanna notedthere is no time limit on Phase II and Phase III ..K Alderman Williams responded that the attachment to the lease l'shows*Phase-Il.would.beye arskthreesto,seven and Phase III would %Abe years seven .to twelve: All three phases will total 12 years. • He agreed this should be in the lease, as it is for Phase I. Mayor Hanna had concerns about admission charges being reasonable i for the average citizen, funding sources being authorized from time to time by the City, and the generality of section 6.2, Temporary Use of the City Equipment and Facilities. 281 August 19, 1997 Alderman Williams explained Section 6.2 was included so that the Society agrees to defend and indemnify the City for any liability arising from their use of City equipment and facilities. Ms. Porter noted the lease will be reviewed and could be changed on a yearly basis. Alderman Pettus asked if City Attorney Rose had prepared this lease. Rose replied it was prepared in part by the Botanical Gardens Society and in part by him. It is essentially bits and pieces of other leases that exist across the United States for other botanical gardens. The Committee also made some changes. Alderman Williams agreed that in section 10.0 pertaining to admission fees there should be something regarding the City's review of the admission price. It could be the Parks & Recreation Advisory Board and not necessarily have to come back to the Council. The Committee has discussed with the Society that if the City did loan equipment or make some investment in the garden, the City would want, for example, free admission for school children to compensate the City. He also pointed out that at the end of the lease term, it all reverts back to the City. Ms. Porter stated it was not the Society's intent to make this unaffordable. Kevin Crosson, Public Works Director, stated the Society would have a competitive advantage by having a contractual clause allowing them to ask for capital improvement funds. It could reduce the pool of funding. He was also concerned about the use of City equipment and facilities. It could give the Society advantage over the other non-profit organizations and puts the City in an uncomfortable position when approached by other non- profit organizations, as it is all the time. Also, City business has to be taken care of first and this would make planning difficult. There was concern that the forest area is delineated from the developed part of the garden. He wanted the Council to be aware that this is an intense development on an undeveloped piece of property. Ben Mayes, Administrative Services Director, stated he would prefer to see a financial audit done annually, instead of every three years. This pertained to section 9.0. Regarding section 6.2 and access to City compost and mulching material, this has not typically been made available to other than residents because it is such a popular program that the City doesn't even use it in its own parks. 13 282 August 19, 1997 Crosson stated this is a 50 -year lease;. and while a lot of things ;may be understood right now, 25 years from now things could be interpreted in a dramatically different way. Alderman Williams asked if the loaning or use of City equipment• had to be in the lease with the indemnification of the City or can this be done without it being in the lease. City Attorney Rose replied it could be done, assuming it is a proper public purpose. The City would not be indemnified if a member of the Society is hurt using City equipment. The defense and indemnification clause needs to be put in. Ms. Porter stated the clause regarding the use of City equipment. could be taken out of the agreement:. The Society is hoping the City will work with them. Alderman Williams stated he would like to have the changes made -regarding admission fees being approved by the Parks & Recreation Advisory Board and having the financial books and records audited -every year. The other concerns could be looked at, too. Rose asked if the Council wished to revise the lease at their meet-ing. AldermanjSchaper hoped staff would meet with Rose to work on any necessary revisions and then the Council would get it at the next meeting. Rose agreed to provide another draft. He stated he did not attend the meeting where the conceptual design was presented. He pointed out that`.the front'of,the lease has a place to insert the legal description. There is a neighbor to the north and east, the Environmental Studies Center. The City has already leased to them certain lands to the north and east of. them. The ordinance giving them that lease does not.have.a legal description. He , statedhe did further research, looking at maps, notes, and minutes, andit was his bestopinion that more likely. than not the City has given to the Environmental Study Center that land - north of the ditch. The Environmental Study Center could tell him he is wrong and they don't want that land and there would be no problem. Ms. Porter stated she had met with the Environmental Study Center. to address this and they agreed that this area would overlap.' Rose stated he could do a lease'up to the ditch and have the . . Environmental Study Center do a sublease for that land. If they don't want it, he can write up a' legal description and give it all to the Society. It should,be done in a. straightforward August 19, 1997 manner. 283 Alderman Young stated he was at that meeting and it was the intent to have an overlap. He suggested having Rose write a lease for the Environmental Study Center to give to the Botanical Gardens the exclusive use of this land. He stated this has already been worked out. Rose agreed to do this. He stated the lease before the Council would be for the area south of that ditch. There would be a sublease for the other. It was agreed progress would be reported at the agenda session. Alderman Pettus asked for the changes to be redlined. Bill Ackerman,' Parks & Recreation Advisory Board, stated when this project was first brought to them, the Board made decisions based on information available at that time. Since that time a number of changes and developments have occurred that the Board was not made aware of. The Board has not had an opportunity to review the present contract or the phases that have been pulled together. The Board would like to review the documents and meet with the Society to be brought up to date and then work with the Council to come to a common agreement. Parks is moving forward with a major trail project, which the Botanical Society has had little if any input on, just as the Parks Board has had little or no input on the trail the Society is designing. Things need to be coordinated. He suggested this being taken back to the Parks Board for review. Alderman Zurcher stated he understood this was not under the Parks Department. Alderman Williams explained it originally went to the Parks Board, which is where the contract originally came from. The contract has been refined some but not much changed. He agreed the trails need to be discussed. Mr. Ackerman felt there were a number of things in the agreement that would concern the Parks Board. Most importantly would be how the project evolves in coordination with everything planned for the Lake Fayetteville area. A number of decisions remain to be made. The Parks Board has not seen what is before the Council now. The Parks Board moved this forward to the Council in order to expedite the Society's ability to get support, design work, etc. It was not moved forward with a carte blanche endorsement. He restated his request to have the Parks & Recreation Advisory Board review this and how it fits into the whole scheme of the park system. 15 284 August 19, 1997 Paula Marinoni, audience member, spoke in strong support of the botanical garden. She was amazed that there was no understanding of what this could be. She gave exciting examples .of what other botanical gardens are doing. She was looking for more vision from the City of what this means to Fayetteville. This is an opportunity to attract tourism. In 25 years, Fayetteville will not have the greenspace it has now. The City needs to be doing something now for the future. She challenged the Council to see this as something positive for Fayetteville and to ask how they can work with the Society to do this for the city. Ms.- Porter stated the major components of the second preliminary master plan are basically the same as the first preliminary master plan. Alderman Williams cautioned the Council about throwing roadblocks and hurdles in front of groups trying to make gifts to Fayetteville. This group has worked for years. The Committee insisted the Society produce the conceptual master plan before the lease was discussed with the Council. To now tell them to go back through the bureaucracy one more time before considering the lease is sending the wrong message to this group. A couple of things do need to be adjusted in the lease, but it would be a mistake to keep sending it back. We have to be careful of putting up so many hurdles that Fayetteville never gets its botanical garden. He was in favor of getting any input Parks wants to give the Council, but it would be a mistake to send it back to that Board. We need to look at the lease, make changes at the agenda session, and at the next Council meeting go forward with this: Without having a lease, the Society's ability to solicit funds will be limited. Alderman Zurcher moved to table this. until next meeting, figure out the legal description on the lease, have present the two Council members now absent who are on the Committee, and vote on it next time. Alderman Williams seconded. Mr.. Ackerman felt it could be worked out in the next two weeks with the Parks Board. Upon roll call, the motion passed on a vote of 6 to O. - ADJOURNMENT Mayor Hanna adjourned the meeting at 9:38 p.m.