HomeMy WebLinkAbout1996-10-21 - Minutes•
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AD HOC COMMITTEE
SPECIAL MEETING
OCTOBER 21, 1996
PRAB Members Present: Waite, Richard, Ackerman
City Council Present: Young, Williams
BGSO Members Present: Porter, Carroll, Curry
Staff Present: Clark, Nelson
City Attorney: Jerry Rose
Media Present: Jennifer Pinkerton, Morning News
SUMMARY:
Rose informed the group that the first step which needed to be
taken in securing a land -lease agreement was for the Botanical
Garden Society of the Ozarks to illustrate their proposal in
detail. How long do they want an agreement? Who finances their
project? Etc. Once BGSO and the PRAB determine details, Rose will
begin the legalities of drafting a land -lease agreement. The lease
can be as simple as the ones the City has with the public schools
(whereas land is leased for x number of years), or the lease can be
as complicated as the samples presented to the group by BGSO. Rose
discouraged presenting a completed lease to City Council because
Council will probably want to be involved in the negotiation
process.
Ackerman said the PRAB must first agree to agree. The purpose of
this meeting is to establish details that all could agree upon.
Once that is accomplished a formalized package can be put together
and presented to City Council. The discussion addressed the
following concerns:
Waite stressed concern for the fifty (50) year tenure of the
proposed lease and suggested monitoring progress of work by BGSO.
If the concept of a Botanical Garden does not work, the City does
not want 100 acres of land sitting there for that long period of
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t ime. Waite also addressed the issue of cooperation on the
construction of the Lake Fayetteville trail. The PRAB wants to
ensure compatibility among the groups There will also be access to
the trail from Highway 265 as well as from Veterans Memorial Park.
A parking lot would need to be constructed (off Hwy. 265), and
citizens must be able to access the trail. BGSO could not restrict
that access.
Richard suggested perhaps leasing the land in phases instead of all
100 acres at once. This would be contingent on BGSO meeting
specified goals. Porter said that access to all 100 acres was
needed to preserve ecology illustrating rampant Japanese
Honeysuckle overpowering forestry as an example. Porter also said
that BGSO is still in the process of acquiring private property
adjoining the proposed acreage. If this happens, all 100 acres is
needed in whole because it neighbors the property. Ackerman does
not want to see a partially completed project and favors a `subject
to' agreement rather than giving access to all 100 acres. Waite
suggested giving access to a specified amount of acreage and
reserving the balance. Once BGSO met their specified goals, then
more land could be given to access.
Ackerman said that both groups could work hand in hand on some
areas of the trail construction. Funds have been appropriated for
construction of the trail. Waite cautioned BGSO that the completed
t rail would result in high volume traffic and that it must be
carefully planned. Richard does not want to see people restricted
from using the trail. BGSO must be compatible with ongoing trail
construction.
The general consensus is not the commitment of land, but the length
o f the lease. The PRAB suggests a 25 year lease instead of a 50
year lease. Porter said that a 50 year lease is almost necessary
for fund raising purposes. She said that it is hard to apply for
funding (grant writing, donations, etc.) without a commitment from
the City.
Clark suggested presenting a resolution to City Council leasing the
land to BGSO with the following stipulations:
• compatibility with trail
• trail access from Highway 265 (including parking).
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Parking lot would be City's responsibility and a gate
would probably be installed. This area would be open to
public during normal park hours.
• Term of the lease would be 25 years with the opportunity
for renewal for another 25 years.
• mutually agreeable goals from years 12 through 25
• annual report to PRAB and City Council (both goal and
financial (yearly budget))
BGSO would also conform to the Freedom Of Information Act from the
date the lease is signed, would address the American With
Disabilities Act on various construction, and would provide
liability insurance.
Rose is to prepare a draft land -lease agreement. Upon completion,
a short ad hoc committee meeting will review followed by a full
PRAB special meeting to vote on approval to submit to City Council.
Meeting adjourned at 5:25 p.m.
Minutes taken by
« John&'L. Nelson
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