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Home My WebLink About2003-09-02 - Agendas - Final • Final Agenda For City Council Meeting September 2, 2003 A meeting of the Fayetteville City Council will be held on September 2, 2003 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A Presentation on the Trails Master Plan. A Presentation on the Botanical Garden of the Ozarks, Inc. Master Plan. A. CONSENT: 1 . Approval Of The Minutes: Approval of the July 15, 2003, August 5, 2003, and August 12, 2003 meeting minutes. 2. Destruction of Records: A resolution authorizing the office of the City Clerk to • destroy certain records pursuant to § 13-4-204 of the Arkansas Code. 3. Botanical Garden of the Ozarks, Inc. Master Plan: A resolution approving the Botanical Garden of the Ozarks Master Plan. 4. Botanical Garden Land Lease: A resolution approving a land lease agreement with the Botanical Garden of the Ozarks for the purpose of operating a Botanical Garden at Lake Fayetteville Park 5. Alternative Transportation and Trails Master Plan: A resolution adopting the Alternative Transportation and Trails Master Plan as an official planning document. 6. McClelland Engineers Contract Amendment # 3 Wilson Springs Business Park: A resolution approving contract amendment No. 3 with McClelland Consulting Engineers, Inc. in an amount not to exceed $5,000.00 to complete survey work required under the real estate contract with Legacy Project, LLC. 7. Bank of America Procurement Card: A resolution to accept a contract with Bank of America Corporate Purchasing Card Agreement. • • B. NEW BUSINESS: 1. Cost Share Bid Waiver MY Construction: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with M. P. Construction, Inc. in an amount not to exceed $63,600.75 for the construction of a double 2' x 8' box culvert under Linda Jo Place. 2. Marjorie Lee Brooks Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Marjorie Lee Brooks, ET AL/A to secure the necessary easements and rights-of-way for Gregg Avenue improvements. 3. Ruth Thornton Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Ruth C. Thornton to secure the necessary easements and rights-of-way for Gregg Avenue improvements. C. OLD BUSINESS: 1 . Smoking in Certain Public Places: An ordinance to amend §95.05 Regulation Of Smoking In Certain Public Places of the code of Fayetteville and to enact a replacement §95.05 Regulation Of Smoking In Most Public Places And Places Of Employment in order to remove exemptions for bars, pool halls, small restaurants, • beauty salons, barber shops and designated smoking areas in enclosed public access areas in restaurants, theaters, roller rinks, bowling alleys, and retail stores, etc. This ordinance was left on the second reading at the August S, 2003 City Council Meeting. This ordinance was tabled at the August S, 2003 City Council meeting until the September 2, 2003 City Council meeting. D. INFORMATIONAL: 1 . September 1 , 2003 is Labor Day Holiday • Meeting of September 2, 2003 Subject: Motion By: Seconded: Motion To: Marr Rhoads f Davis Lucas Jordan Reynolds Thiel f Cook f Mayor Coody J Subject: Motion By: Seconded: Motion To: CO AOUAP� Marr v Rhoads � lAtt IAF Davis Lucas v Jordan Uh �i,iM Reynolds Thiel Cook Mayor Coody J Meeting of September 2, 2003cc '' ^p r ' r�_ ` (� n Subject: COS'+• 5),,wtt ll to� WaL Oj,/ , NA • 1 ' • QC s �iluc i0►- Motion By: Seconded: f/ Motion To: Marr ✓ V IV4'" Rhoads t/ 'atr0 ?lu Davis I Lucas ✓ ✓ QtnA Jordan ✓ ✓ ^ Reynolds � �J Thiel f unQAll N4G's Cook ,/ t/ ✓ Mayor Coody Subject: M JoR.clt, p Q 0C) l Or4n (4 ()A Motion By: Seconded: Motion To: Marr IV Rhoads ✓ ' o Davis v Lucas �Aimw Jordan t/ Reynolds ✓ Thiel ✓ Cook Mayor Coody Meeting of September 2, 2003 II ,^ � A Subject: u.4t-o Jloonr 4-c R W n At& AaAi ova Motion By: DWLS Seconded: Motion To: Marr �j Rhoads ✓ Davis Lucas ✓ Jordan ✓ Reynolds 1I Thiel Cook ✓ Mayor Coody Subject. MqAV &tAX Motion By: Dwis D1 qv,, Seconded: low i Motion To: Marr ✓ Rhoads Davis t/ OJP�OLik:6 . Lucas f� Jordan / ✓ (\ Reynolds ✓ ✓ Thiel ✓ c/ Cook ✓ Mayor Coody �_. Meeting of September 2, 2003 (AA OAW IC / W1 Ll4 Subject: dapn}- L17 0u IAAKI -r /1Q Oi u1 Motion By: ' r QJ1i V AVV Seconded: Motion To: Marr t� # ' Q Rhoads ✓ �d � Davis UAW ✓ Lucas Jordan 600A V 1 n n Reynolds ✓ Films FfS � Thiel UJ!a.exew p� Cook i 0 ;�kopo&4 Mayor Coody Subject: Motion By: Seconded: Motion To: Marr Rhoads Davis Lucas Jordan Reynolds Thiel Cook Mayor Coody Meeting of September 2, 2003 Subject: ` I>«AV�� IC� Motion By: 4k; Seconded: Motion To: Marr At Rhoads QML xjm,u' Davis I, Lucas Nb�0A+ Jordan Reynolds 3 I 15 Thiel Qy� QQQµ.a Cook UD U0 Mayor Coody — Subject: 11Q- �''4" Q QpEtOt. 4v Odd Q Sn�Ok%�" A,O Motion By: uQ Seconded: Motion To: fldd Marr At a Rhoads Davis �VN�Pavc Lucas Jordan Al Reynolds 3I 5 Thiel Cook �" Q Mayor Coody Meeting of September 2, 2003 16 row Subject: P L , Motion By: Davis l� Seconded: Motion To: Marr N Rhoads Al Davis Lucas Jordan Reynolds 3 I S Thiel Cook Mayor Coody Subject: IQCAG. rWaw�r 11J �P{ S &L Qn� CN I Ail 0 It It Ayr Motion By: �owts Seconded: 101 akeL Motion To: , Marr Ai4 4IL Rhoads Davis Lucas N Jordan Reynolds 31 S Thiel Cook Mayor Coody Meeting of September 2, 2003 Subject: QW h llti. � 00 ,S+ �� ab" Motion By: V�oadS Seconded: Motion To: Marr N I Rhoads � 1 �k• Davis IV�� " "Aj4wtfi Lucas N Jordan Reynolds Thiel J Q I 1 Cook N [Mayor Coody hM.O Subject: Motion By: Seconded: Motion To: Marr Rhoads Davis Lucas Jordan Reynolds Thiel Cook Mayor Coody Meeting of September 2, 2003 I1MA � Subject: U G " po54- ao I I Motion By: Seconded: Motion To: Marr � , ,jN ' a t Rhoads lJ. Q #M A mue Davis Lucas (� Jordan Reynolds poZ I Thiel aft lMlt U UU Cook N Mayor Coody hn � � (I��Mr7�Cf Subject: 0 `ETO►1 4,o Motion By: Seconded: Motion To: Marr Rhoads Davis Lucas N Jordan (�p0/► ,, •i Reynolds _ _ n Thiel Cook y Mayor Coody Meeting of September 2, 2003 n �; Subject: Motion By: W Seconded: Motion To: Marr J Rhoads n Davis y Lucas y U nan � ►woos Jordan 1� Reynolds Thiel J Cook Mayor Coody `— Subject: d WCC.. T V 4&q Motion By: R Koa-As Seconded: Motion To: Marr Rhoads 4114 Davis QgaRl�f Lucas ^/ 0 Jordan Reynolds Thiel Cook Mayor Coody L t L - �Q, . Meeting of September 2, 2003 Subject: &A, dI nAµc.0 Motion By: Seconded: IIhQN� Motion To: � P� y Aal �Wi Marr Rhoads J N Davis Lucas y P ' ail i+ Jordan Reynolds ^� Thiel y Cook y Mayor Coody Subject: Motion By: Seconded: Motion To: Marr Rhoads Davis Lucas Jordan Reynolds Thiel Cook Mayor Coody Tentative Agenda For City Council Meeting September 2, 2003 A meeting of the Fayetteville City Council will be held on September 2, 2003 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A Presentation on the Trails Master Plan. A Presentation on the Botanical Garden of the Ozarks, Inc. Master Plan. A. CONSENT: 1 . Approval Of The Minutes: Approval of the July 15, 2003, August 5, 2003, August 12, 2003 and August 19, 2003 meeting minutes. 2. Destruction of Records: A resolution authorizing the office of the City Clerk to destroy certain records pursuant to § 13-4-204 of the Arkansas Code. 3. Botanical Garden of the Ozarks, Inc. Master Plan: A resolution approving the Botanical Garden of the Ozarks Master Plan. 4. Botanical Garden Land Lease: A resolution approving a land lease agreement with the Botanical Garden of the Ozarks for the purpose of operating a Botanical Garden at Lake Fayetteville Park S. Alternative Transportation and Trails Master Plan: A resolution adopting the Alternative Transportation and Trails Master Plan as an official planning document. 6. McClelland Engineers Contract Amendment # 3 Wilson Springs Business Park: A resolution approving contract amendment No. 3 with McClelland Consulting Engineers, Inc. in an amount not to exceed $5,000.00 to complete survey work required under the mal estate contract with Legacy Project, LLC. 7. Bank of America Procurement Card: A resolution to accept a contract with Bank of America Corporate Purchasing Card Agreement. B. OLD BUSINESS: 1 . Smoking in Certain Public Places: An ordinance to amend §95.05 Regulation Of Smoking In Certain Public Places of the code of Fayetteville and to enact a replacement §95.05 Regulation Of Smoking In Most Public Places And Places Of Employment in order to remove exemptions for bars, pool halls, small restaurants, beauty salons, barber shops and designated smoking areas in enclosed public access areas in restaurants, theaters, roller rinks, bowling alleys, and retail stores, etc. This ordinance was left on the second reading at the August S, 2003 City Council Meeting. This ordinance was tabled at the August S, 2003 City Council meeting until the September 2, 2003 City Council meeting. C. NEW BUSINESS: 1 . Cost Share Bid Waiver MY Construction: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share agreement with M.P. Construction, Inc. in an amount not to exceed $63,600.75 for the construction of a double 2' x 8' box culvert under Linda Jo Place. D. INFORMATIONAL: 1 . September 1 , 2003 is Labor Day Holiday STAFF REVIEW FORM - NON-FINANCYAL OBLIGATION Destruction of Records A. 2. Page 1 x AGENDA REQUEST For the Fayetteville City Council Meeting of : September 2 , 2003 FROM : Gina Roberts City Clerk City Clerk/Microfilm Name Division Department ACTION REQUIRED : To Adopt a Resolutioii authorizing the destruction of records . SUb*4ARY EXPLANATION : Attached is a listing of records that are ready for destruction . All of the records have been microfilmed , and the original documents have been maintained for the required length of time . The microfilm will be maintained as a permanent record . STAFF RECONMNDATION : a/11/r 3�l � p 6Received in Mayor ' s Office O 3� Division Head Date Date ID21 Sl��l a3 City Att rney Dale Cross Reference : Department Directof Date Previous Ord / Restl : \\ ,` . i (; .U3 Finance 6 Internal Services Dir . 'Date Orig . Contract Date : gel o� Orig . Contract Number : lChiefmin stra ' ve Officer Date New Item : Yea No Mayor FAYETTEVILLE Destruction of Records A 2. Page 2 THE MY OF FAYETTEVILLE, ARKANSAS TO: Fayetteville City Council FROM: Gina Roberts, Microfilm Clerk DATE: August 8, 2003 SUBJECT: Destruction of Records Attached is a listing of records that are ready for destruction. All of the records have been microfilmed, and the original document has been maintained for the required length of time. The microfilm will be maintained as a permanent record. COUNCIL ACTION REQUESTED: Adopt a resolution authorizing destruction of the records as listed on the attached pages. Attachment 113 WEST MOUNTAIN 72701 47%21.7700 FAX 4795768257 Destruction of Records A 2. Page 3 DESTRUCTION RECORDS FOR 2001 & 2002 ACCOUNTING/AUDIT: Accounts Payable 1997 vendor Files (27 boxes) Accounts Receivable for 1996, 1997 & 1998 Bank Reconciliations 1996 & 1997 Bank Statements 1997 All Funds Check Register-Sales Tax Refund 6-93 thru 9-93 Franchise Tax Records 1988 thru 1997 HMR & Supplemental Beverage Tax Reports 1997 Investment History Register 1994 thru 1996 Journal Entries 1997 Payroll Christmas Bonus Register 1998 Payroll Clerks Terminated Employee Files 1998 Payroll Registers 1998 (27 Registers) Payroll Safety Award List Register 8- 1 -97 thru 7-31 -98 Payroll Time Sheets and File Maintenance 1998 (3-Boxes) Payroll Yearend Information- Deduction, Comp Time & W-2's Register 1997 Privilege Licenses, Car, Limousine, Pawn Brokers & Taxi Cab's 1988- 1997 AIRPORT: Draft Working Papers-NW Regional Airport & Feasibility Study Site 1992- 1995 BUSINESS OFFICE: Adjustment Register 2000 & 2001 Bank Draft Register 1 -3-00 thru 7- 18-01 Billing Registers January thru December 2000 & 2001 (216 Registers) Post Deposit Collection Register 1 - 1 -00 thru 12-31 -01 Refund Check Registers January 2000 thru December 2001 Updated Meter Reads from PC Listing 12-6-99 thru 9- 11 -01 CITY CLERKS FILES: City Council Meeting Agenda's 1996 & 1997 Page #1 Destruction of Records A. 2. Page 4 DESTRUCTION RECORDS FOR 2001 & 2002 COMMUNITY DEVELOPMENT: CD Administration Files Quarterly Reports thru Yvonne Center 1991 thru 1996 CD Rehabilitation Project Files 1 - 1993 thru 12- 1994 CD Taxi Program 1997 Coupons FIRE DEPARTMENT: Uniform Receipts 1998 INSPECTIONS: Inspection Files Street Catch-up 1998 INTERNAL AUDITOR: AEP Grants 1996 thru 1997 Bond Compliance Grant Files 1990 thru 1997 Contract Files 1995 thru 1997 Contract #139 thru #558 Internal Auditors files for 1997 Municipal Courts Distribution Reports Internal Auditors Reviews 1984 thru 1994 MAYORS OFFICE: PW Director Kevin Crosson's Files: Ark Water thru U of A 1985 thru 1997 PARKING MANAGEMENT Daily Cash Recap Reports (Payments) 1994 New Posted Tickets 1994 New Posted Tickets January thru May 1996 New Posted Tickets May thru July 1998 New Posted Tickets November thru December 1998 Page #2 Destruction of Records A. 2. Page 5 DESTRUCTION RECORDS FOR 2001 & 2002 PARKING MANAGEMENT CONTINUED: Notices for overdue parking tickets violations 11 - 1996 thru 12-31 - 1996 Paid and/or voided parking tickets Jan thru Mar 1999 Paid and/or voided parking tickets April thru June 1999 Parking Card Maintenance Update 7-31 -90 Parking Payments 1990 Parking Violations Posted to New World 10-96 thru 12-96 Payment Edit Listing 1993 & 1994 Payments Posted & Updated to New World 1996 Payments Updated 1998 Posted Ticket Payments 1 -2-92 thru 12-329-94 Purge Tickets ] - 1899 thru 12-31 -93 Purge Tickets in Notice Status 1 - 1899 thru 12-31 - 1996 Purge Tickets in Summons Status 1 - 1899 thru 6-30-96 Purge Tickets in Voided Status 1 - 1899 thru 5-31 -98 PERSONNEL General Employment Applications 1999 General Employment Applications 2000 Quarterly Eval Schedules 1990 thru 1994 PURCHASING: Accident Reports 1996 Bid Files 1996 Edits 1999 Purchase Orders in Numerical Order 45831 thru 50051 for 1996 Purchase Orders in Numerical Order 49803 thru 60599 for 1997 Page #3 Destruction of Records A. 2. Page 6 DESTRUCTION RECORDS FOR 2001 & 2002 SHOP/FLEET OPER: Fuel Edit Polling Log Register 1999 Deleted units from Vehicle Inventory and Work orders by Dept. 1987- 1997Fuel Fluid Location Edit Reports 1 - 1 -99 thru 6-30-99 Fuel Fluid Usage Edit Register for Razorback Rd. 1998 Fuel Fluid Usage Edit Register for Shop and Church St. Location 1998 Invoices from Mitchell Oil Co. 1998 Mitchell Oil Polling Log Printout Edit Register 1998 Miscellaneous Files from 1995- 1997 1 . Fuel Inventory Verification 2. Gas Boy Transaction Listing Aug-Dec 1996 3. Jail Gas Log 4. Labor Records 1995 thru 1996 5. Master Vehicle Charge List 6. Motor Pool Charges Summary 1995 thru 1996 7. Receiver Logs 8. Service Repair Summary 1995 thm 1996 9. Vehicle Equipment Listing 10. Vehicle Mileage Report 1995 Miscellaneous Files from 1997- 1998 1 . Fax's from Mitchell Oil Co. 1998 2. Fuel Site Summary 12/97 thru 12/98 3 . Payroll 12/97 thru 12/98 4. Purchase Orders 5/97 thru 12/98 5. Safety Meeting Attendance 12/97 thru 12/98 6. Updated Vehicle Inventory 6/97 thru 12/98 Vehicle Work orders, Receiver Logs and Mileage Reports 1/92 thru 12/94 Vehicle Work orders, Receiver Logs from August 1993 thru August 1994 Work orders for vehicles that were sold #206 thru #428 from 1989 thru 1999 WATER/SEWER: Sewer W/O for Flow Monitoring, Manholes Sewer Washing & Time Sheet 1998 Water W/O for Leaks, Fire Hydrants, Water Samples & Time Sheets 1998 Page #4 Destruction of Records A 2. Page 7 RESOLUTION NO, A RESOLUTION AUTHORIZING THE OFFICE OF CITY CLERK TO DESTROY CERTAIN RECORDS PURSUANT TO §1314-204 OF THE ARKANSAS CODE. 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 the Office of City Clerk to destroy certain records pur to authority granted under §1314-204 of the Arkansas Code. A list of r to be destroyed marked Exhibit " A" is attached hereto and ma of. PASSED and APPROVED this 2nd day of Septem 3. APPR D: y: D ODY, Mayor SON D S City Clerk STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION Botanical Garden oithe Ozarks MasterPlan A 3. Page 1 XX AGENDA REQUEST For the Fayetteville City Council Meeting of : September 2, 2003 FROM : Connie Edmonston Parks and Recreation Operations Name Division Department ACTION REQUIRED : A resolution accepting the Botanical Garden of the Ozarks, Inc. , Master Plan. SUDIITARY EXPLANATION : See attached memo . STAFF RECOMMENDATION : A- y/ Received in Mayor ' s Office Div - Bead Date Cate fesE $ - I3 - a3 City At orney Date '(1j �� [Toss Reference : Dep ment irector Date iJC�� y Previous Ord / Res # : Resolution 83 - 97 Finance f - lq- Q3 / a Internal Services Dir . 9 Date Ori . Contract Date : 2 - Sep- 97 L / [ a Orig . Contract Number : Chief nistrative Officer Date New Item : Yes No Mayor -V A v1F r rTEVILLE Botanical Garden of the Ozarks Master Plan s A. 3. Page 2 TO: Mayor Coody and City Council THRU: Gary Dumas, Director of Operations FROM: Connie Edmonston, Parks & Recreation Director DATE: August 11 , 2003 SUBJECT: Botanical Garden of the Ozarks Master Plan Background The City leases 82. 16 acres of land at Lake Fayetteville Park to the Botanical Garden of the Ozarks, Inc. (BGSO), for the purpose of ". . .the establishment and operation of a botanical garden where diverse collections of plants will be displayed, utilized, and preserved for educational, environmental, recreational and scientific Purposes, thereby promoting Public awareness of the vital and unlimited roles that plants perform." This lease agreement was established in 1997. BGSO created a Master Planning Committee comprised of engineers, architects, building contractors, horticulturists, landscape architecture students and others from the area. The Portico Group from Seattle, Washington, was selected in 1999 to develop a master plan. Several workshops were held to accumulate a wealth of ideas and information from the community to shape this master plan. Current Status Parks and Recreation Advisory Board approved BGSO's Master Plan February 3, 2003 with the attached Parks and Recreation recommendations as follows: ➢ The service drive should be separate from active recreation on the trail. ➢ The bike trail is currently marked for bike use only. Pedestrian use should also be permitted. ➢ The trail crossing over the garden entryway creates potential pedestrian and vehicle conflicts. The design of these areas needs to be approved by the Parks Landscape Architect. ➢ Trail alignment must be approved by the Parks Landscape Architect. ➢ Trails must be constructed according to Parks and Recreation trail standards. ➢ Recommend storm water management plan and ground water management plan to protect the lake. BGSO's Master Plan strives to promote and enhance the natural and diverse beauty of our community and surrounding environment. Their interest in strengthening and diversifying our local economy is also apparent in the Master Plan. On August 4, 2003 , PRAB approved for BGSO to build Phase IA of the Master Plan consisting of a timber frame workshop/studio building which would allow BSGO to offer site based programs in addition to establishing a presence on the site. This building would be a multi-purpose facility for office space, as well as a venue for lectures, functions, events and restrooms until and during implementation of the overall master plan. Recommendation Parks and Recreation Staff and Parks and Recreation Advisory Board recommend approval of the BGSO Master Plan as required by the current Land Lease Agreement. A proposed revised Land Lease Agreement will also be presented at the September 2, 2003 meeting. Attachments: Botanical Garden of the Ozarks Master Plan PRAB February 3, 2003 Meeting Minutes PRAB August 4, 2003 Meeting Minutes BGSO Letter from President Bair Johanson WEST MOUNTAIN 72701 479-444-3471 FAX 479-521 -7714 Botanical Garden of the Ozarks Master Plan A. 3. Page 3 RESOLUTION NO. A RESOLUTION APPROVING THE BOTANICAL GARDEN OF THE OZARKS MASTER PLAN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Ar s hereby approves the Botanical Garden of the Ozarks Master Plan. A • • p� `of e Master Plan marked Exhibit " A" is attached hereto and made a, e o . PASSED and APPROVED this 2nd day of Septembe `i1 APPRO D C� DY, Mayor A B • NDRA fT er• k. ,Y Botanical Garden of the Ozarks Master Plan A, 3. Page 4 8. Botanical Gardens Society of the Ozarks Annual Report and Master Plan Presentation Interim Executive Director, Carl Totemeir, President, Blair Johanson and Eden Price presented the Botanical Garden of the Ozarks master plan. The plan, completed in October 2001 , provides a framework for the physical and interpretive development of the garden. Stressing education, conservation, and recreation goals, the society illustrated plans for plant collections, architectural elements, trails, and other amenities. Ozark Off Road Cyclist President, Don West, expressed concern with trail issues involving mountain bikes. OORC, an International Mountain Biking Association affiliated club, has performed many hours of trail maintenance at Lake Fayetteville. David Justice also voiced concerns about trail usage. Parks and Recreation Staff recommend the following suggestions for the master plan: ➢ The service drive should be separate from active recreation on the trail ➢ The bike trail is marked for bike use only. Pedestrian use should also be permitted. ➢ The trail crossing over the garden entryway creates potential pedestrian and vehicle conflicts. The design of these areas needs to be approved by the Parks Landscape Architect. ➢ Trail alignment must be approved by the Parks Landscape Architect. ➢ Trails must be constructed according to Parks and Recreation trail cfnnrinrrie ➢ Recommend storm water management plan an round water management plan to protect the lake MOTION : Mr. Hill moved to approve the Botanical Garden Society of the Ozarks, Inc. Annual Report attached as Exhibit A and made a part hereof required by Resolution No. 83-97. Mr. Colwell seconded the motion. Upon roll call, the motion was approved 5-0-0 with Pawlik-Holmes absent for the vote. Ms. Eads reported for the record that Pawlik-Holmes was in favor of approving the annual progress report. MOTION: Mr. Colwell moved to approve the Botanical Garden Society of the Ozarks, Inc. Master Plan with Staff recommendations as stipulated. Mr. Shoulders seconded the motion. Upon roll call, the motion was approved 5-0-0 with Pawlik-Holmes absent for the vote. February 3, 2003 Botanical Garden of the Ozarks Master Plan A 3. Page S PARKS AND RECREATION ADVISORY BOARD Meeting Minutes August 4, 2003 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order at 5 :30 p.m. on August 4, 2003 in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas by Wade Colwell. Present: Parks and Recreation Advisory Board members Wade Colwell, Gail Eads, Bob Shoulders, Mike Hill, Craig Mauritson, Kristin Pawlik-Holmes, Jerry Bailey; City Staff Edmonston, Coles, Hatfield, Hesse, Ohman, Wright; and Audience. 3. Botanical Garden Society of the Ozarks, Inc. Phase IA Request: The Society requests approval to construct a timber frame building for a Studio Workshop. This structure will contain an office, workshop, and educational and meetings space. Parks and Recreation staff recommends approving the construction of the timber frame structure. The designated public trail and service drive are to be separated as approved at the March 3 , 2003 meeting. The Society must abide by policies and procedures as required by the Planning Commission. Totemeicr discussed that their goal was to "get on-site" at the Botanical Garden. This building will be the first step in achieving a presence on site and will allow them to start programs. A completed building will provide the credibility for the Botanical Gardens and give them the opportunity to raise the funds to develop the Master Plan. A workshop to construct the timber frame building will be held. The proposed building will provide space for future workshops, wedding receptions, and ultimately will become the maintenance building for the Gardens. Edmonston emphasized that the scenic drive and trail must be separate from the structure even though the graphic did not represent the change. Totemeier concurred that the trail and service drive would be separate. MOTION: Colwell moved to approve Phase IA of the Botanical Garden Society Master Plan with the conditions that the trail and service drive would be separate and BGSO would abide by the policies and procedures required by the Planning Commission Pawlik-Holmes seconded the motion. Upon roll call, the motion was approved 7-0-0. August 4, 2003 / 1 Botanical Garden of the Ozarks Master Plan A. 3. Page 6 BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. . P.O. Box 3079 • Fayetteville, Arkansas 72702-3079 • 479-443,6638 • info@bgso.org TO: Mayor Dan Coodyand the Fayetteville City Council FROM: Botanical Garden Society of the Ozarks DATE: August 6, 2003 SUBJECT: Approval of Master Plan and Phase I A of the Master Plan for the Botanical Garden Society of the Ozarks The Botanical Garden of the Ozarks would like to request approval of the Botanical Garden of the Ozarks Master Plan and Phase I A of the Master Plan which is a preliminary development %stage that is designed to establish a BGO presence on the site and allow us to begin offering site- based programs to the public. The timber frame workshop/studio building will be a multi- purpose facility which will provide office space, as well as a venue for lectures, functions, events and rest rooms until and during implementation of the overall master plan. This development does not preclude the overall master plan, but is a meaningful first step to that end, which is more readily understandable by the community than the daunting task of funding the entire master plan from inception. Your support will be greatly appreciated as we move forward with this exciting project. Sincerely, Blair Joh n President, BGSO, Inc. STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION Botanical Garden Land Lease XX AGENDA REQUEST A 4. Page 1 For the Fayetteville City Council Meeting of : September 2, 2003 FROM : Connie Edmonston Parks and Recreation Operations Name Division Department ACTION REQUIRED : A resolution approving the a land lease agreement with the Botanical Garden of the Ozarks, Inc. , for the purpose of operating a botanical garden at Lake Fayetteville Park. SUMMARY EXPLANATION : See attached memo . STAFF RECOMMENDATION : A 42/J " Received in Mayor ' s Office Div ' - on Head Date Date City Atto ey Date '(!?/ Cross Reference : bepartmenk Director Date Previous Ord / Res # : Resolution 83 - 97 3 _23 Finance 6 Internal Servi cps . Dir . \ Date Orig . Contract Date : 2 - Sep- 97 Orig . Contract Number : Chie ` dministr ive Officer Date New Item : Yea No Mayor DS� 0 L YrN FAYETTEVILLE T Botanical Garden Land Lease & 4. Page 2 TO: Mayor Coody and City Council THRU: Gary Dumas, Director of Operations FROM: Connie Edmonston, Parks & Recreation Director DATE: August 11 , 2003 SUBJECT: Botanical Gardens of the Ozarks Lease Agreement Background On September 2, 1997, City Council appproved a Land Lease Agreement with the Botanical Garden Society of the Ozarks, Inc. (BGSO), for the purpose of operating a botanical garden at Lake Fayetteville to serve Northwest Arkansas. The Portico Group of Seattle, Washington developed a master plan of the gardens in 2000. With the completion of the Master Plan, several fund raising events are held each year to finance the project. Current Status Since BGSO has been established for five years and a master plan has been developed, the relationship through the lease agreement with the City needs to be redefined. The term of the lease is 25 years. It may be renewable for three additional 25 year renewal terms upon the mutual agreement of the parties. Other items in the agreement further outlined responsibilities of the trails and parking lot in both fee and non-fee areas. Any major changes in the master plan must be submitted to the Parks and Recreation Advisory Board (PRAB) for approval. The City is allowed three seats on the BGSO Board consisting of a PRAB member, Parks and Recreation staff representative, and a member appointed by the City Council. BGSO is required to submit an annual progress report and audit to the City. In consideration for this lease, BGSO will offer free general admission to the garden on Saturdays from 9 am until 11 am. BGSO will also develop a 3 to 5 year plan of action with stated goals and objectives. By accepting this Lease Agreement, the City of Fayetteville encourages BGSO to continue their goal of preserving and enhancing one of Fayetteville's natural open spaces. In addition, the acceptance of this Lease Agreement also provides the foundation for the BGSO to acquire funds and complete their Master Plan. By creating an additional destination for both residents and visitors to Fayetteville, a completed botanical garden will be an important factor in the growth of Fayetteville's local economy. Recommendation Parks and Recreation Staff and Parks and Recreation Advisory Board recommend approval of the land lease agreement with the BGSO. Please find PRAB August 4, 2003 meeting minutes documenting their approval. Attachments: Land Lease Agreement Lake Fayetteville Map PRAB August 4, 2003 Meeting Minutes BSGO Letter from President Blair Johanson WEST MOUNTAIN 72701 479444-3471 FAX 479527.7714 Botanical Garden Land Lease A 4. Page 3 RESOLUTION NO. A RESOLUTION APPROVING A LAND LEASE AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS FOR THE PURPOSE OF OPERATING A BOTANICAL GARDEN AT LAKE FAYETTEVILLE PARK. BE IT RESOLVED BY THE CM COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Ar s hereby approves a Land Lease Agreement with the Botanical Gar e f the Ozarks for the purpose of operating a botanical garden tteville Park. A copy of the Lease Agreement marked Exhibit " ed a to and made a part hereof. PASSED and APPROVED this 2nd daykoftembei)2 1 1 ud VP7 . AN GOODY, Mayor A 9B NDR MI ' , ity Clerk