HomeMy WebLinkAbout2006-03-06 - Agendas - FinalPark & Recreation Staff
Connie Edmonston, Director
David Wright, Recreation Superintendent
Jeff Coles, Maintenance Superintendent
Alison Jumper, Park Planner
Cheryl Whillock, Secretary
FAYETTEVILLE
PARKS & RECREATION
Parks & Recreation Advisory Board
Wade Colwell, Chairman
Jay Davidson, Vice Chairman
Jerry Bailey
Jon Bitter
Milton Burke
Bob Davis
Monroe Harrison
Stephen Langsner
Parks and Recreation Advisory Board Meeting
March 6, 2006 at 6:00 p.m.
City Administration Building Room 219
113 West Mountain Street
Fayetteville, AR
5:00 p.m. meet at City Hall and Park Staff will have a 20 passenger bus to
transport you to 3 subdivision sites to view for possible park land. PRAB will
vote on the Park Land Dedication Ordinance requirements at City Hall. The
bus is expected to return at approximately 6 p.m. Sites will be visited in the
following order:
1. Stone Mountain Phase II: East of Highway 265, North of Highway 16 East on
Stone Mountain Road. This property adjoins the southeast
portion of the existing 8 acre park land.
2. Addison Acres: North of Highway 16 East, West of David Lyle Subdivision.
This property adjoins the southwest portion of Bayyari Park.
3. Bungalows at Cato Springs: Cato Springs Road, East of Garland Avenue.
AGENDA: Starts upon return from the site visits at approximately 6:00 p.m.
1. Approval of February 6, 2006 PRAB Meeting Minutes
PRAB Motion:
2. Trail Coordinator Announcement: Connie Edmonston
Matt Mihalevich was selected to be the Trail Coordinator for the City.
3. Lafayette Lofts Park Name and Plaque Recommendation: Marie Riley
PRAB Motion: (This motion is to be tabled until the next month according to the Facility
Naming Policy.)
4. Botanical Gardens of the Ozarks 2005 Annual Report: Cathy Bass, Board President
See attached report.
PRAB Motion:
5. Greenway and Conservation Easement Discussion: Frank Sharp
See attached references.
6. Park Land Dedication: Alison
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement:
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
PRAB Motion:
7. Park Land Dedication: Alison
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement:
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
PRAB Motion:
Jumper, Park Planner
Stone Mountain Phase II
Jorgensen and Associates
Stone Mountain Development
East of Hwy. 265, North of Hwy. 16 E
SE
112 Single Family
82.74 acres
2.7 acres
$62,160
Future park land in Stone Mountain Phase I to the
north
Dedicate 1.25 acres for access to park land from this
phase of the development, use 1.45 acres of banked
land for remainder of requirement.
Dedicate 1.25 acres for access to park land from this
phase of the development, use 1.45 acres of banked
land for remainder of requirement, leaving a credit of
4.1 acres.
8.19 acres of park land will be dedicated at final plat
with Stone Mountain Phase I to the north. The
developer banked approximately 5.51 acres. The
addition of 1.25 acres will give residents from this
phase trail access to the park.
Jumper, Park Planner
Nantucket Apartments Phase III
Project Design Consultants
Leisure Homes
North of 15th Street and West of Morningside Drive
SE
44 Multi -Family
4.022 acres
.75 acres
$17,292
Walker Park
Money in Lieu
Money in Lieu
Walker Park and trail is within a half mile service
area of this development and will serve the needs of
its residents.
2
8. Park Land Dedication: Alison
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement:
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
PRAB Motion:
9. Park Land Dedication:
Development Name:
Engineer:
Owner:
Location:
Alison
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement:
Existing Parks:
Developer's Request:
Staff Recommendation:
Jumper, Park Planner
Divinity
H2 Engineering, Inc.
Barber Group
Corner of Dickson and Block & Church
SW
83 Multi Family
1.4 acres
1.4 acres
$32,619
Wilson Park, Square Gardens, park land at Lafayette
Lofts, and Frisco Park
Money in Lieu
Money in Lieu
Several parks such as Wilson Park, Square Gardens,
park land at Lafayette Lofts, and Frisco Park are
located within a half mile service area of this
development and will serve the needs of the residents.
Jumper, Park Planner
Addison Acres
HGM Consulting, Inc.
Aaron Crawley and Scott Ellis
North of Huntsville Road (Hwy 16 east) between
River Meadows Drive and Roberts Road
SE
16 Single Family (one existing)
6.03 acres
.384 acres
$8,880
Bayyari Park
.41 acres of Land adjoining Bayyari Park. Developer
would construct an accessible sidewalk from the
proposed sidewalk at the cult -de -sac to the existing
sidewalk leading to the Bayyari Park playground.
Developer requests to bank the remaining .026 acres
for future development in the southeast quadrant.
Staff agrees with developers request to contribute .41
acres to increase the size of Bayyari Park from 7 acres
to 7.41 acres. Staff also agrees for the developer to
construct a sidewalk to connect the proposed
development with the existing sidewalk that leads to
Bayyari Park playground. In exchange for the
sidewalk construction, a drainage easement will be
allowed within the dedicated park land. The location
3
Developer's Comments:
Justification:
PRAB Motion:
10. Park Land Dedication: Alison
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement:
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
PRAB Motion:
11. Park Land Dedication: Alison
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement:
Existing Parks:
Developer's Request:
Staff Recommendation:
of the drainage easement and outflow structure shall
be approved by parks staff.
By accepting the additional land at Bayyari, the new
residents will be connected with a sidewalk to the
existing park facilities. The .41 acres of additional
land is heavily wooded and will provide a nice
addition to Bayyari Park.
Jumper, Park Planner
Deane & Lewis PZD
Project Design Consultants
Brian Shewmaker
W. Deane Street just east of Lewis Avenue
NW
16 (8 Condo, 8 Duplex)
1.91 acres
.328 acres
$7,584
Lewis St. Soccer Complex
Money in Lieu
Money in Lieu
The land requirement for this development does not
provide for an adequate neighborhood park and
expansion is not feasible. Lewis Soccer Complex
will provide recreational opportunities for these
residents.
Jumper, Park Planner
Bungalows at Cato Springs
McClelland Consulting Engineers, Inc.
Real Practices, Inc
Cato Springs Rd East of Garland Avenue
SW
29 (one existing)
5.52 acres
.7 acres
$16,095
Greathouse Park
.92 Acre Land donation for a trail corridor and bank
the remaining .22 acres for future developments in the
southwest quadrant.
.92 Acre Land donation for a trail corridor and bank
4
Developer's Comments:
Justification:
PRAB Motion:
the remaining .22 acres for future developments in the
southwest quadrant. The land dedication is
contingent on vacation of an existing channel
improvement easement. This easement was
submitted to planning for vacation on February 28th,
2006.
A multi -use trail is identified in the FATT plan along
Cato Springs Branch creek to connect to Greathouse
Park. This land dedication will provide a corridor for
the future trail.
12. Park Land Dedication Fund Request:
Parks and Recreation Staff requests approval of the following expenditures from the Park
Land Dedication Funds:
Northeast Park District: $1,000 to purchase fitness amenities for the Boys Scout project at
Gulley Park as suggested by PRAB at the February meeting.
PRAB Motion:
Southwest Park District: $1,700 to conduct a topographical survey of the park land at
Legacy Pointe.
PRAB Motion:
13. Trails Discussion: Matt Mihalevich, Trails Coordinator
14. Community Park Update:
15. Other Business:
Park Land Dedication was approved 6-0 by the Planning Commission on February 27,
2006. This will be presented to City Council at the 6:00 p.m. April 4, 2006.
Monroe Harrison has submitted his resignation from PRAB. Interested citizens must
submit their application to the City Clerks Office.
16. Adjournment
Attachments:
PRAB February 6, 2006 Meeting Minutes
Development Maps and Letters
BGSO 2005 Annual Report
BGSO Lease Agreement
Frank Sharp Letter
Letter of Trails from the Mayor
Park Land Dedication Ordinance Fund Monthly Report
CIP Report
HMR Monthly Report
5
PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes February 6, 2006
Opening:
The regular meeting of the Parks and Recreation Advisory Board was called to order by
Chairman Wade Colwell at 5:30 P.M. on February 6, 2006 in Room 326 of the City
Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Present:
Parks and Recreation Advisory Board members Bailey, Harrison, Langsner, Davidson,
Davis, Bitler, Burke & Colwell; Park Staff Coles, Mihalevich, Jumper, Wright, Whillock
and audience were in attendance.
1. Approval of January 9, 2006 PRAB Meeting Minutes: Davis moved to
accept the minutes as presented and Langsner seconded the motion. All
members voted to approve.
2. Daniel Bryan — Eagle Scout Project Proposal for a Fitness Station at
Gulley Park
Daniel began his presentation by stating he would be relying on the expertise of
several professionals in the building of the equipment which will consist of pull-
up bars and a sit-up bench. The entire budget as presented is under $500.00.
The location at Gulley is north of the overflow parking area along the trail.
Davis asked about the materials to be used for the sit-up bench. He asked about
the durability of the product and life expectancy of the equipment.
Coles stated the material for the bench is virtually lifetime.
Davis asked if this process for building equipment for parks locations has been
done in the past.
Wright explained that Boy Scouts have build trails and bridges in the past, and
currently an Eagle Scout project is underway at Lake Sequoyah but no fitness
stations have ever been built.
Davis inquired how the City dealt with the liability issue if the structure is being
built by the Scouts.
Wright explained the Park Staff works closely with the Scout to make sure the
installation meets park standards.
February 6, 2006/ 1
Langsner asked if purchasing commercial grade pieces would be superior to
building the structures on-site thereby allaying the City's liability.
Bitler asked if the City is paying and the Scout is providing labor.
Wright said some projects like the kiosk at Lake Sequoyah is a joint project.
Davis stated the preference to use commercially manufactured equipment for
safety and liability issues.
PRAB Motion: Harrison moved to approve the project in the selected location at
Gulley Park. The motion was amended to use commercially manufactured
equipment meeting Park standards for $500.00 plus additional expenses as
required to meet those standards. Bailey seconded the motion. The Board
approved with a vote of 8-0-0.
3. Park Land Dedication: Matt Mihalevich, Park Planner
*This development was presented to PRAB on December 5, 2005 as
Soloman Apartments. A motion was made to accept +/-2 acres of park
land at Wellspring and accept money in lieu for the remaining requirement.
Since that time, the development was sold and the number of units has
been significantly reduced.
Development Name: Arbors at Springwoods
Engineer: H2 Engineering, Inc.
Owner: EPCON of NWA
Location: North of Moore Land and East of
Deane Soloman Rd.
NW
122 Multi -family Units
25.235
2.074
$47,946
No parks within the 1/2 mile
service area radius
Dedicate approximately 2 acres of
park land to be located at
Wellspring and pay money in lieu
fees for the remaining acreage.
Dedicate approximately 2 acres of
park land to be located at
Wellspring for a trail corridor with
a minimum of 50 foot wide from
the previously dedicated 19 acres
of park land to the north property
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement:
Existing Parks:
Developer's Request:
Staff Recommendation:
February 6, 2006/
2
Justification:
line of Wellspring near Hamstring
Creek. Staff recommends a full
land dedication based on the final
number of units for the Arbors at
Springwoods to avoid the need
for a waiver of the Park Land
dedication ordinance for projects
over 100 units. As a condition of
approval, the deed for the 2+/ -
acres must be received by Parks
and Recreation Staff prior to
issuance of the building permit.
The proposed development will
include some park amenities
including a clubhouse with
athletic room and a swimming
pool. A putting green has also
been proposed. The Audubon
wetland property is located
adjacent to the development.
Razorback Golf Course is located
to the west. Fayetteville Public
Schools purchased 70+ acres for
a future school site northwest of
this development.
PRAB Motion: Langsner moved to accept Staff recommendation to accept land
dedication of approximately two acres to be located at Wellspring for a trail
corridor with a minimum of 50 foot wide from the previously dedicated 19 acres
of park land to the north property line of Wellspring near Hamstring Creek.
Davidson seconded the motion. The Board approved with a vote of 8-0-0.
4. Park Land Dedication: Alison Jumper, Park Planner
Development Name: DePalma Addition
Engineer: H2 Engineering, Inc.
Owner: Barber Group
Location: East of Skyline Dr. on Mt.
Sequoyah
Park District: SE
Units: 5 Single Family Units
Total Acres: 10
Land Dedication Requirement: .12
Money in Lieu Requirement: $2,775
Existing Parks: Mt. Sequoyah Woods
February 6, 2006/ 3
Developer's Request:
Staff Recommendation:
Justification:
Dedicate .12 acres of park land
adjacent to park land dedicated
for Biella Estates.
Dedicate .12 acres of park land
adjacent to park land dedicated
for Biella Estates. Developer is
working to minimize/and or
eliminate grading onto park
property.
The land dedication is an
expansion of a dedication and
donation associated with Biella
Estates. This land is adjacent to
Mt. Sequoyah Woods.
PRAB Motion: Davis moved to accept Staff recommendation to accept .12
acres of park land adjacent to park land dedicated for Biella Estates. Langsner
seconded the motion. The Board approved with a vote of 8-0-0.
5. Park Land Dedication: Alison Jumper, Park Planner
Development Name: Bellafont
Engineer: H2 Engineering, Inc.
Owner: CB Ventures
Location: North of Joyce Boulevard on
either side of Vantage Drive.
Park District: NE
Units: 99 Multi -family Units
Total Acres: 25.289
Land Dedication Requirement: 1.683
Money in Lieu Requirement: $38,907
Existing Parks: Lake Fayetteville, Mud Creek Trail
Developer's Request: Money in lieu
Staff Recommendation: Money in lieu
Justification: Lake Fayetteville and Mud Creek
Trail are within a 1/2 mile service
area of this development. The
trail ends at Joyce Street south of
this development, and continues
as an on street linkage along
Vantage Dr. which runs north and
south through the property to
Zion Rd. then on to Veteran's
park.
Burke asked if the developer is going to maintain the trail.
February 6, 2006/ 4
Jumper explained that the trail is street access with sidewalks on
each side as well as a bike lane.
Colwell pointed out the Zion street connection to Veterans Memorial
Park off of Vantage Drive is difficult and unsafe.
Mihalevich indicated Staff is aware of the situation and plans are in
the works to correct and improve the access at that location.
PRAB Motion: Colwell moved to accept Staff recommendation of money -in -lieu.
Davis seconded the motion. The Board approved with a vote of 8-0-0.
6. Lafayette Lofts Subdivision Park —
Meetings were held on December 1, January 12 and 26 to receive input from the
public for the development of the .18 acre park which was the former playground
area of St. Joseph's School. The master plan of the park will be presented to
PRAB for approval. The Neighborhood Association is also submitting a name for
the new park for PRAB's consideration. According to the Facility Naming Policy,
the park name will be tabled at the meeting allowing time for public input. It will
be presented at the March meeting.
Mihalevich gave an overview of the public meeting process. The final plan which
includes trees and shrubs along the perimeters and an amphitheater was
presented.
Langsner inquired if the trees in the plan are native species.
Mihalevich indicated the selected thornless honeylocust trees are native.
Bailey asked about the absence of the proposed play area.
Kathy Thompson, representing the neighbor home owners said the thought was
playground equipment would not be necessary to assure that children enjoy the
area. She said it will be a place to make-up play experiences.
Bailey stated it appears to be a 'quiet park' as is found in many large cities.
Davis asked what sort of plantings is planned.
Mihalevich said the amphitheater will have brick and turf. The builders of the
condos have indicated they will donate the brick and seven trees have been
donated so far.
Davidson asked about the budget for the project.
February 6, 2006/ 5
Mihalevich said $15,000 had been approve in the Capital Improvement Budget.
However, the projected cost is about $50,000. Donations will help and there
may be a need to use Parkland Dedication funds.
Ms. Thompson said the neighborhood will work hard to get donations to allay the
costs of the park and are hoping Parks will help as much as possible.
Mike Johnson, neighborhood resident, stated he's curious as to the $50,000. He
also said the term 'quiet park' is a good description and fits the neighborhood.
Davidson asked if the potential request for Parks Funds will be brought back to
the Board.
Mihalevich said it would as soon as the cost amount was actually determined
when the plan is finally approved.
Davidson said he is against setting a precedence to keep asking for more money
on projects after their approval.
Thompson said the neighbors would probably be okay with doing the park in
phases. Perhaps the amphitheater could be added later since it is the expensive
add-on to the plan.
Wright requested that no one get discouraged about the potential costs. He said
there are many avenues to raise funding for parks such as grants.
Johnson asked if city labor would be used for construction and installation of the
park. He expressed his positive impression of the ability of the City's staff to
build and construct sidewalks and trails and suggested that they could possibly
do it less expensively than bidding it out.
Bailey concluded by suggesting this park is the perfect spot for installation of a
piece of public art.
Katie Mihalevich, neighborhood resident, presented park names that have been
presented and discussed. The most requested to date are Washington -Willow
Park, Willow Park and St. Joseph Park. The neighborhood representative will be
back before the Park Board in March with the final decision for approval.
PRAB Motion on the Park Master Plan: Davis moved to accept the plan as
presented by the Parks Staff. (conceptual park design is attached) Davidson
seconded the motion. The Board approved with a vote of 8-0-0.
February 6, 2006/ 6
PRAB Motion to accept the name Washington Willow Park and tabled the
final decision for 30 days to allow for public input according to the
Facility Naming Policy.
7. Kingfisher Trail Naming at Lake Sequoyah: Wade Colwell
At the January 9 PRAB Meeting, Wade Colwell presented Kingfisher Trail as the
name of the east northern trail at Lake Sequoyah as suggested by the Boy Scout
Troops that are blazing the trail.
Staff Recommendation: Staff recommends naming the trail Kingfisher Trail as
presented by the Boy Scouts.
PRAB Motion: Langsner moved to accept the proposed name, Kingfisher Trail,
per the Staff recommendation. Harrison seconded the motion. The Board
approved with a vote of 8-0-0.
8. 2005 Annual Report Approval: Connie Edmonston, Parks & Recreation
Director
According to Article II, Chapter 33.018 (B) in the Fayetteville Code of
Ordinances, Parks and Recreation Advisory Board is to prepare an annual report
to City Council. The Annual Report is attached.
In Edmonston's absence the report was presented by David Wright, Recreation
Superintendent.
Langsner said he liked the detail and the business of the Board being explained
in the report.
Wright said once it is approved by the Board it will go to City Council.
PRAB Motion: Langsner moved to accept the Parks and Recreation Annual
Report as presented. Harrison seconded the motion. The Board approved with a
vote of 8-0-0.
9. Park Land Dedication Fee and Ordinance Discussion:
Staff recommends using a price per acre of $36,250 to base the fees in lieu
required for single family and multi -family units. This number is the median
figure taken from 27 parcels sold in 2005 within the city limits being over 5 acres
and being designated as either agricultural or residential by the county.
Langsner asked what the rationale behind the $36,250 figure is and had there
been any more developer response to the increase.
Wright said there has been no further response from developers and said he
feels in this case that's a good sign. He explained that getting a figure that was
justified was the reason for presenting the $36,250 for the Board's approval.
February 6, 2006/ 7
The $36,250 was the median sale price per acre for all land sales in the City in
2005.
Davis asked if this is the figure first agreed on by the Board.
Wright said it is not. The first figure was to be no less than $40,000.
Bitner asked what process was used to arrive at the $23,125 figure used in 2005
prior to the research for a new amount.
Jumper said it came from calling realtors to find out what the average sale price
of land had been.
Wright said this is the first time figures from the courthouse have been used to
get a median price amount.
Langsner said it is nice to be able to say we did our homework as opposed to
saying a certain figure sounded good.
Davis said he is concerned that we're falling behind by accepting a lesser
number.
Jumper said the Board had recommended an annual adjustment to better keep
up with the increasing land costs.
Bitler stated he understood the resistance to an increase to $60,000 but is
concerned land will not be available at the amount currently being
recommended.
Davis said he believes the $40,000 approved by the previous Board should be
the figure to send to Council.
Langsner said he believes if Parks doesn't buy some land soon there won't be
any land available. He explained that a lot of work had gone into the process of
selecting a new amount and it was difficult to get a good average due to
variances of land values in different parts of the city.
Colwell said he has been told $75,000 is the per acre average in Fayetteville. He
said he feels taking steps to reach a more accurate figure for property value will
be the best way to go. He reiterated that future land for parks will be financially
out of reach if the land dedication amount doesn't reflect true land costs. He
said land can't be purchased for $40,000 but it's a step in the right direction. He
feels the need to look to develop larger parks like Gulley is better than a
proliferation of small parks.
February 6, 2006/ 8
Davidson said he believes the $40,000 figure will change the dynamics that drive
the developers' decision on land vs. money.
Jumper requested the Board members make an effort to attend the Council
meeting when this change request is on their agenda. She reviewed the four
proposed changes.
Wright stated it is in the plans to begin the discussion earlier in the process the
next time around.
Bitler suggested November would be a good time to begin the process.
Davis stated he would rather stick with the originally recommended figure of
$40,000 and not go down since the price of land is only going up.
PRAB Motion: Langsner moved to keep the $40,000 fee per acre for park land
dedication. Davis seconded the motion. The Board approved with a vote of 8-0-0.
10. Botanical Gardens of the Ozarks Board of Directors PRAB
Representative:
This item was tabled from the January 9, 2006 meeting. The City's lease
agreement with the Botanical Gardens of the Ozarks requires a member of
PRAB to be on the Board of Directors as well as a Park employee. Susan
Regan, Park Horticulturist, represents the Parks and Recreation Division.
The Board meets at 6 pm on the 3rd Tuesday of each month. The next
meeting will be at 6 p.m. on February 21 at St. Paul Episcopal Church.
Staff requests for a volunteer from PRAB to represent PRAB. The current
members of the Board of Directors are included in the attachments.
Colwell suggested Board members might rotate attendance on a monthly
basis taking the load off just one person.
Cole said the nature of the position needs more consistency to be able to
be more informed of the issues facing the Botanical Gardens of the Ozarks
Board of Directors.
Bailey suggested a term of six months.
Burke volunteered for the first six months. After which another Parks
Board member will need to volunteer for the remaining six months of the
yearly commitment.
PRAB Motion: Milton Burke's appointment for the first six months was unanimously
accepted by the Parks Board members.
11. Community Park Update: Wright reported that the land -owners have
been attempting to hire a consultant to begin the extensive plan for the
land and development. Nothing new has developed since the January
meeting report.
February 6, 2006/ 9
12. Other Business:
Legacy Pointe Subdivision Neighborhood Park: Wright said a public meeting
is planned for February 9, 2006 at 5:30 P.M. at the Fayetteville Boys and
Girls Club to provide an opportunity for neighborhood citizens to help plan
the amenities of and name for the neighborhood park to be located in
Legacy Pointe Subdivision. Door hangers have been distributed notifying
everyone in the vicinity of the time and location of the meeting.
Botanical Gardens of the Ozarks Grant: Wright said Parks has received
notification of the approval of the requested grant in the amount of
$115,000 for continued development of the Botanical Gardens located at
Lake Fayetteville on Highway 265.
Lake Fayetteville Restroom Facility: A new restroom for the marina area at
Lake Fayetteville is a modular construction unit which is being delivered
the week of February 6, 2006. The need for quickly fulfilling the request
by Council to provide that facility, which will be handicap accessible, was
the reason for choosing this type of structure rather than building on-site
Lake Fayetteville Trail System: Colwell addressed the construction of a
hard -surface trail at Lake Fayetteville and suggested that planning to pave
the trail through the Environmental Center should be reconsidered. He
explained his feeling is that of defeating the spirit of the Center. He said
there are paved trails in other locations that fill the needs for the citizens
wanting or requiring paved trails and believes the people who use and
enjoy natural trails deserve an area such as Lake Fayetteville Trail. He
suggested rather than paving with asphalt the use of crushed limestone
would be more environmentally friendly and keep the soft surface aspect.
Bailey voiced agreement. He also said due to the high usage by mountain
bikers the trail should be left natural. He said the soft surface trail has
already been cut at two locations by the new paved trail which poses a
danger to bikers and creates a conflict between two types of trail users.
He said no where else in Fayetteville can mountain bikers find five miles of
natural trails such as the one at Lake Fayetteville.
Burke agreed with them saying he'd been going there for years, even
before the trails existed, and believes if the entire perimeter is paved the
very reason so many people use the area will be destroyed. He said if
'this' trail is paved when will the City not pave.
February 6, 2006/ 10
Langsner asked when the continued paving is to take place.
Colwell said it's underway now. Sara Patterson, Urban Forester, has been
asked to mark trees along the proposed paved area.
Coles stated the response from many citizens has been favorable to a
paved trail surface.
Colwell said the commitment to the Environmental Center was to keep it
natural. He believes paving across the Center grounds is compromising
the natural areas and sets a bad example to the young people attending
the Center. He also reminded the reasons for moving the frisbee golf
course from Gulley to North Shore was to move it to a safer location for
those not playing the sport and the new paved trail causes intermingling
and conflict between those groups once more.
Wright said there are 700 acres around Lake Fayetteville and believes the
use needs of the different groups can co -exist.
Davis suggested it be placed on the next meeting agenda and reminded
the Board they can only recommend the plan be reconsidered.
PRAB Motion: Colwell moved that Parks Board request there be no
additional paving or tree removal at Lake Fayetteville North Shore Trail
sight until April 1st and the Board has had the opportunity to reconsider the
design and placement of the trail. Langsner seconded the motion and all
eight Board members voted 'yes'.
Davis further suggested the Boards requested action be distributed to
Council, Mayor, all involved City departments, and the Sidewalks and Trails
Committee. He also suggested the request be placed on the March 6 Parks
Board agenda.
13. Adjournment by Chairman Colwell at 7:20 P.M.
Minutes submitted by Cheryl Whillock
February 6, 2006/ 11
Based on a four week online open vote, the Washington Willow
Neighborhood has voted in favor of St. Joseph Park as the name for our
new neighborhood park.
St. Joseph Park is chosen to commemorate the historical significance
of the site to be memorialized for generations to come.
A History of St. Joseph Church
Gretchen Gearhart
As the people of St. Joseph Parish, Fayetteville, Arkansas, moved to a
new home on Starr Road in August 2002 after 130 years on Lafayette
Street, it seems appropriate to look back to their beginnings and tell
the story of the Catholic community in Fayetteville from 1844 to the present, of
the valiant priests and lay people who
served the church as it developed from the small Irish community of
worshipers to a thriving multi -cultural parish of more than one
thousand families.
On March 10, 1844, the year after the creation of the Diocese of
Arkansas, the ordination of an Irish-born priest, Andrew Byrne, as
Bishop of Arkansas took place at St. Patrick's Cathedral in New York
City. Soon after, he and two priests, Fathers John Corry and James
Donahoe set out for Arkansas by way of New Orleans, arriving in Little
Rock on June 4.
Not long after their arrival Bishop Byrne sent Father Corry to Fort
Smith to build a church. Father Corry was a man of independent means,
having been a merchant in Boston prior to ordination. While stationed
in Fort Smith, he traveled over the Boston Mountains, no doubt by
horseback, to Fayetteville, where he purchased 440 acres of land for
church purposes. According to a 1925 history of the church in
Arkansas, "His ambition was to establish an Irish Catholic colony,
with Church and school as center." He built a log chapel on the land
which was in use until the Civil War. When Father Corry learned that
Bishop Byrne planned to locate the church and college he envisioned at
Fort Smith instead of Fayetteville, "he felt a bitter disappointment
and went back to New York." On January 12, 1847, Father Corry deeded
over the land to Bishop Byrne for the sum of $1.00. Settlement of the
land by Irish families had begun in 1846 with the arrival of the
William Flynn family. The bishop made additional land purchases in
1854 and 1856, making his total holdings 630 acres, all near what is
now Mission Boulevard and Crossover Road.
The earliest recorded baptisms in Fayetteville were performed by
Father Peter Walsh in 1847: William, son of slaves Bob and Alera, and
Judith, daughter of Kate, a slave, on February 15. Five days later
Father Walsh baptized Alira (Alera?), a forty -five-year-old slave, and
her daughter Miranda, and on December 5, Augustus Merrill, legitimate
son of James Merrill and Elisabeth Dixon. A man named J. B. Costa
sponsored the slaves. Would that more were known about these people.
One wonders if they were accepted by the Irish families and attended
Mass in the log chapel.
Priests from Fort Smith served the Fayetteville area until 1881,
making the arduous trek over the mountains by horseback. Father
Laurence Smyth was the first to make regular visits. Beginning in 1857
he came two to four times each year, with the exception of the Civil
War years, when there were no visits by a priest for four years.
Diocesan records show Father Laurence Smyth as the first priest
assigned to St. Joseph's Parish (1870-1872), followed by his brother,
Father Michael Smyth, (1872-1880).
The visiting priests celebrated Mass first in the log cabin on the
Flynn property and later in the Flynn home until a frame church was
built at the corner of Lafayette and Willow, on a plot of land
purchased by Maurice Coffey for $100 and donated to the church. Bishop
Edward Fitzgerald dedicated the church in June 1878. At this time the
parish, which had been know as St. Mary's or Mount Saint Mary's, was
named for St. Joseph. This church building served until 1936.
Father P. J. Reilly of Boston was St. Joseph's first resident priest.
Until a room was built for the priests adjoining the church, the
Byrnes family gave him a room and the Coffeys, his meals. Fr. Reilly
served only from 1881 to 1883. After that priests were in residence
only intermittently until after World War I.
The first Catholic cemetery in Fayetteville is a plot on the Flynn
farm not far from the log house that served as a chapel. William Flynn
and his wife and two Coffey children are buried here. Later Patrick
Hennessey, one of the early settlers, donated land for the cemetery on
Highway 45 which is still in use.
Father Pietro Bandini, the founder of Tontitown, served Fayetteville
in 1899-1900, 1906, 1909, and 1911-1914. Father Bandini established a
parochial school, St. Joseph's Academy, in Fayetteville in 1916 under
the guidance of Ursuline Sisters from Springfield, Missouri. Classes
were first held in a former home on Washington Avenue, then in the
remodeled rectory on the church grounds, which was dedicated Sunday,
October 24, 1920, by the Right Rev. Bishop John B. Morris. Each room
of the building was separately blessed, after which all proceeded to
the church for Mass. The children's choir sang during the Mass,
concluding with "Holy God, We Praise Thy Name."
St. Joseph's acquired its first resident pastor in June 1916. Rev.
Walter J. Tynin, S.T.L., who was the first native-born Arkansan
ordained for the Diocese of Little Rock, had been appointed pastor of
St. Joseph's and would also serve Rogers and Benton County. He arrived
in Fayetteville on June 30 and on Saturday once more placed the
Blessed Sacrament in the church.
The historical record is not clear regarding the parish property at
Lafayette and Willow. The frame church dedicated in 1878 faced Willow
Street. In 1885 a small room added to the frame church provided living
quarters for the priests. A. M. Byrnes built a house for the priests
south of the church in 1888. In 1920 this rectory was remodeled for
use as a school and living quarters for the sisters. This building was
later moved to the east, facing Lafayette, now site of the school
playground.
With the laying of the cornerstone for a new edifice on the corner of
Lafayette and Willow on July 18, 1936, St. Joseph's parishioners
rejoiced that the congregation would soon have a more comfortable
house of worship. The completed building was dedicated by Bishop John
B. Morris on November 8, 1937.
Vivid in the memory of longtime
fire which took the lives of the
a visiting priest, Father Dollarton,
McCauley was ill with influenza, and
explosion in an overheated gas stove started a fire.
her family were at the scene before the fire engines
housekeeper, who lived downstairs, tried to save the
was impossible due to the intensity of the flames.
members of St. Joseph's is the tragic
pastor, Father Charles McCauley, and
on Christmas Eve 1946. Father
the night was extremely cold. An
Ellen Coffey and
arrived. The
men, but rescue
In 1948, after more than twenty years without a school, under the
leadership of Father Francis J. McKee the parish acquired a residence
on the corner of Lafayette and Walnut and opened a school there with
39 pupils taught by Benedictine sisters from St. Scholastica in Fort
Smith. [From this beginning, the school continued to grow, until] an
all -day kindergarten with teachers Susann Heckel and Lois Heckel gave
support to the school for about seven years beginning in 1955, as many
non-Catholic parents enrolled their children.
When in 1969 their request for raises was denied, the Benedictine
sisters announced their intention to leave. It is said that Father
Maloy could not accept the Benedictine sisters' decision to abandon
their traditional habits and thereafter was less open to their needs.
The Franciscan Sisters of Wheaton, Illinois, joined the teaching staff
in 1971. Four lay teachers were also on the staff. In the years
following, enrollment dropped below acceptable levels, and the
school's continuance was in jeopardy. Parishioner Fred O'Baugh led the
effort to bring two Franciscan Brothers [of the Holy Cross, from
Springfield, IL] to the school in 1981. Brothers from that order
remained until August 1996. From 1982 to 1986 Brother Andrew Schmidt,
FFSC served as principal. He was followed by Ann Ferrell Wilson, who
served for ten years. During her tenure a six -classroom addition made
room for the nearly 300 students and 14 teachers. Deacon Chuck Marino
succeeded Mrs. Wilson in 1996. The current principal, Paula Thiessen,
took over in 1999.
The pastor with the longest term of service to St. Joseph was Father
Edward R. Maloy, who arrived on January 1, 1951, and served until
1973. Under his guidance the parish built both the old school (313 E.
Lafayette) and church (Corner of Lafayette and Walnut). Possibly the
building of the church on Lafayette and Walnut was Father Maloy's most
challenging undertaking. Bishop Albert L. Fletcher dedicated the
church on Sunday, September 22, 1968.
Rev. Leo Reidmuller (1973-1975) succeeded Father Maloy and was by all
accounts a much loved pastor. However, he served only two years. His
successor was Rev. Rudolph E. Maus (1975-1993). Father Maus had been
pastor briefly in 1939, when he was twenty-four years old and newly
ordained. Father Maus, later Monsignor Maus, served until his
retirement at the request of Bishop McDonald in 1993. "A thrifty
German who took no salary, cut the grass, and shoveled snow," he is
also remembered as a fine storyteller who loved to fish and tend his
vegetable garden behind the rectory. During his tenure the parish was
able to pay off its mortgage on the church.
The year 1993 brought major changes to St. Joseph Parish. Following
Msgr. Maus's retirement on June 1, St. Thomas Aquinas University
Parish and St. Joseph combined under Father Mark Wood, who was already
pastor of St. Thomas. By August 1994 St. Thomas and St. Joseph
separated. In October 1994 St. Joseph's Parish purchased a
2500 -square -foot house on Hillcrest Avenue for $115,000 to serve as a
rectory, thus providing the pastor a home removed from his office with
space for visiting priests or other guests. Other properties owned by
the parish include the former rectory at 310 Sutton Street, which was
renamed Holy Family House, and a duplex at 346 Willow Avenue, Guardian
Angel House, which were used by the school and for parish activities.
The Pastoral Council took a major step in December 1995 when it
accepted a long-range plan calling for purchase of land and
construction of a new church and fellowship hall. That plan was
refined by the Core Team and a capital campaign was planned for Fall
1998. In May of 1998, Fr. Mark Wood was sent on retreat and the parish
was administered by a pastoral team for the short term until the
arrival of Fr. John Antony in August 1998. Having determined that it
would be nearly impossible for the parish to support a two campus
complex, in February 1999 Father John Antony presented to the Parish
Council a new proposal from the Core Team to build a combination
worship center, parish hall, school, and parish offices with seating
for one thousand at an estimated cost of $3 million. Hight -Jackson
Associates were the architects for this phase. A campaign in the fall
of 1999 under the direction of Kara Rago to raise $2 million in
pledges toward the cost of construction of a Worship Center and
Educational Center exceeded the goal by $43,000. Proceeds of the sale
of the property on Lafayette will also go toward the project. Due to
the cost, by canon law, this new facility required Vatican approval,
which was acquired on May 8, 2001. The following day, Bishop Sartain
signed the building contract with Nabholz Construction Corporation,
and a groundbreaking ceremony took place on June 5. The Worship Center
and Educational Facility were completed in the summer of 2002. The
Worship Center will serve as the church for the St. Joseph Community
until, following a second capital campaign to raise the necessary
funds, a sanctuary is constructed at the site.
The Educational Facility consists of 20 classrooms for St. Joseph's
School including classrooms for music, art, computer lab, and the
library for grades kindergarten through seven, as well as a
pre -kindergarten class for four-year-old children. Additional rooms
will house the parish offices and provide space for parish activities.
Parish obligations in the area of social justice were a continuing
concern. St. Joseph's is well regarded in the Fayetteville community
for its continuing financial support, volunteer hours, and regular
food collections for various outreach programs. The parish has also
increased its efforts to respond to the needs of mentally challenged
members.
As large numbers of Hispanic people began moving to the area, the
Northwest (Arkansas) Deanery took steps to serve the many Catholics
among them. In 1994-1995 the Deanery arranged for Vincentian priests
to move to Northwest Arkansas to minister to Hispanics. All parishes
in the Deanery share in the expenses for this ministry. Vincentians
who served include Father Rex Hays, Father Tom Stehlik, and Father
Miles Heinen. St. Joseph's has had a Mass in Spanish at 2 p.m. every
Sunday since 1994. Bilingual Masses are held several times each year.
The entire parish is invited to join in celebrating the Feast of Our
Lady of Guadalupe on December 12.
Father Antony spent less than a year in Fayetteville, however, as
Bishop Andrew J. McDonald sent him to the Catholic University of
America in Washington, D.C., to study canon law in May 1999. From May
to July of that year Father Jose Thelekkatt, S.D.B., from India,
served as priest -in -residence. The current pastor, Rev. Paul Worm,
arrived in Fayetteville on July 5, 1999. A native of Arkansas, Father
Worm was ordained on May 28, 1988, and previously served at St. Mary's
and St. Patrick's in North Little Rock.
St. Joseph Church held its first Masses in the Worship Center on Starr
Drive on the weekend of August 25, 2002, and on Thursday, September
26, celebrated the Rite of Blessing of the Worship Center and
Educational Facility by Bishop Sartain.
The move to the new location after 130 years on the same ground was
wrenching for some parishioners. Most, however, were grateful for the
commodious worship space, the generous parking lot, and a school with
space for all its programs.
To: Mayor Dan Coody Date: January 23, 2006
From Catherine W. Bass
BGSO Board President
Re: Annual Report/Botanical Garden of the Ozarks
The Botanical Garden Board of Directors spent the first few months of 2005 working with
city planners and Mesa Designers of Little Rock to complete final plans for a Large Scale
Development to be submitted to the City Planning Department. The plans were com-
pleted and submitted to the City in April, and final approval was received in October 2005.
The next task facing the Board was to develop a construction budget for the horticulture
center. The original budget, as developed by the architectural firm was for $894,988.88,
almost $500,000 over budget! Through a detailed and time-consuming process of value
engineering by Ron Troutman and his staff at Boulder Construction, working with the BGSO
Board, the final budget was developed at $515,000.The horticulture center construction,
now well under way, is expected to be completed by the summer and associated garden
infrastructure should be substantially complete by mid -summer.
We submitted a grant application to the Arkansas Forestry Commission to support
environmental assessment and plans for detention and remediation of water in the
intermittent stream that crosses the property. The grant was approved and EGIS Natural
Development, Inc. and EGIS Engineering, Inc. were selected to design plans for the
project.Their engineers began work in November 2005, and planning should be finished
by June.
In cooperation with the BGSO Board and staff, the City Parks and Recreation Department
submitted an application for funding from the State Outdoor Recreation Grants Program
to support infrastructure development. To meet grant requirements, BGSO held a
series of public meetings to determine the needs and interests of various citizen groups
regarding botanical garden development. During the grant review process, we were asked
to stop construction until we could reassess an archaeological study done in 1999. The
purpose of this reassessment was to determine whether or not significant cultural resources
might be disturbed during the construction process. In mid-January, the State
Archaeological Survey completed the assessment (finding no artifacts of significance), and
after an eleven week delay, work resumed. In mid-January Governor Huckabee notified
the City of Fayetteville that an Outdoor Recreation Grant of $115,128 had been approved.
Other activities in 2005 included partnerships with the Clinton House Museum,
America in Bloom, Morgan Nick Foundation, Lake Fayetteville Watershed Partnership,
Master Gardeners, and the Flower, Garden & Nature Society.
The Greening of the Garden in May 2005 was successful, and a butterfly festival in
May attracted more than 800 students to the site, and 600 attended the Earth Day
Festival also held at the site. A variety of additional programs continue to draw attention
to gardening, which include Caterpillars on the Square and in the Schools, and Daffodils
in Schools. The Butterfly Festival was funded from a Heritage month grant from the
Department of Arkansas Heritage.
We appreciate your continuing interest and support for the garden, and recent
assistance from Connie Edmonston and David Wright in responding to questions from
State agencies related to the Outdoor Recreation Grant application.
RESOLUTION NO.13003
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 CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Land Lease Agreement with the Botanical Garden Society of
the Ozarks for the purpose of operating a botanical garden at Lake Fayetteville
Park. A copy of the Lease Agreement marked Exhibit "A" is attached hereto and
made a part hereof.
PASSED and APPROVED this 2nd day of September 2003.
ATTEST:
SMITH, City Clerk
APPROVED:
LAND LEASE AGREEMENT
THIS AGREEMENT made this act day of Q41@Qom. tnd between the City of
Fayetteville, a Municipal Corporation of the State of Arkansas, hereinafter referred to as "the
City", and the Botanical Garden Society of the Ozarks, Inc., an Arkansas Non -Profit
Corporation, hereinafter referred to as "BGSO".
WITNESSETH:
WHEREAS, the parties desire to enter into an agreement regarding the operation and
functioning of the Botanical Garden Society of the Ozarks which will serve the Northwest
Arkansas community, and which will be built on land owned by the City of Fayetteville.
WHEREAS, the BGSO's purpose is 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.
NOW, THEREFORE, in consideration of the mutual covenants of the parties hereto the
parties covenant and agree as follows:
The City hereby designates for the establishment, construction, maintenance, and
operation thereon of a botanical garden as aforesaid for the collection and display of plant
materials and for such other purposes as are incident to the development and maintenance of
a botanical garden and for no other purpose whatsoever, contiguous tracts of land in the City,
described as follows:
A part of the Northwest Quarter (NW 1 /4) of the Northeast Quarter (NE1/4), a part of the
Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4), a part of the Southeast
Quarter (SE 1/4) of the Northwest Quarter (NW 1/4), all in Section 24, Township 17 North,
Range 30 West, Washington County, Arkansas, being all of that portion in said Section 24
as described in a Warranty Deed Recorded in Book 402 at Page 313 of the records of the
Circuit CIerk and Ex -Officio Recorder of Washington County, Arkansas, less and except
that portion of said parcel lying North of Lake Fayetteville waters and within the waters of
Lake Fayetteville, said waters being more particularly described as that portion of said
parcel lying below an elevation of 1238 feet above mean sea level, said elevation being the
top of the Lake Fayetteville spillway.
The Northeast Quarter (NE 1/4) of the Northeast Quarter (NE I/4) of Section 24, Township
17 North, Range 30 West, as described in a Warranty Deed Recorded in Book 400 at Page
328 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County,
Arkansas and a part of the fractional Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of Section 19, Township 17 North, Range 29 West, Washington County,
Arkansas, being particularly described as follows: Beginning at a point which is North 88°
22' 40" West 108.90 feet from the Southeast corner of NW 1/4 of the NW 1/4 of said
Section 19, thence North 02° 21'13" East 1048.50 feet; thence 88°22'40" West 1242.78
feet; thence South 02°31'34" West 1048.55 feet to the South line of said 40 acre tract;
thence along said South line South 880 22' 40" East 1242.78 feet to the Point of Beginning,
less and except that portion of said parcel lying North of Lake Fayetteville waters and
within the waters of Lake Fayetteville, said waters being more particularly described as
that portion of said parcel lying below an elevation of 1238 feet above mean sea level, said
elevation being the top of the Lake Fayetteville spillway.
1.0. MAINTENANCE, PROMOTION, AND OPERATION OF THE GARDEN. The parties agree
that the Society shall operate, maintain, and promote the Botanical Garden of the Ozarks for
and on behalf of the City on the property wholly owned by the City and identified above and
incorporated by reference herein as set forth in this agreement.
2.0. LEASE TERM. The lease term shall commence on the date of this agreement and shall
expire at midnight local time in the City of Fayetteville, Arkansas, on the date which is 25
years from and after the date of this agreement, subject to such being sooner terminated as
provided in this agreement. This lease term shall be renewed for three (3) additional 25 year
renewal terms upon the mutual agreement of the parties. This lease term may be renewed
upon approval of the City of Fayetteville, Arkansas. Each renewal term will not be
unreasonably denied by the City as long as the BGSO continues to operate a botanical garden
on the City property identified with this lease.
2.1. REVIEW AND EVALUATION. The parties acknowledge that the Botanical Garden of the
Ozarks is in its formative stages and that its development will be ongoing and changeable. IT
IS FURTHER recognized that the roles, functions, and responsibilities of the respective
parties will develop, grow, and/or change as well. For these reasons, the parties shall review
and evaluate this agreement on a yearly basis to insure its appropriateness and applicability.
The BGSO shall present an annual progress review to the Parks and Recreation Staff,
Advisory Board and the City Council.
2.2. The Mayor or his designated representative and the BGSO shall meet as requested by
•
any party to review the terms of this lease, to suggest and negotiate changes which may be
appropriate.
3.0. TITLE TO BUILDINGS AND GROUNDS. The BGSO acknowledges without reservation
that the City owns and shall hold title to the grounds and any future buildings constructed
on the premises.
4.0. OPERATING POLICIES AND RESPONSIBILITIES. The BGSO shall provide to the Mayor
or his designated representative its general operating policies for the Garden in written form.
These operating policies shall ensure nondiscriminatory opportunities for all citizens. The
Society agrees that its policies and operations shall be designed to preserve and maintain the
integrity of all buildings, grounds and improvements existing on thepremises, and shall
consider the policies of Parks and Recreation regarding cultural and recreational facilities.
5.0. RULES AND REGULATONS OF BGSO. The BGSO may establish and enforce any
reasonable rules and regulations regarding behavior of visitors to assure the well being of the
plants and .gardens, as well as the safety, comfort and quality of experience for visitors to the
premises and shall provide copies of these rules and regulations to the Mayor or his
designated representative. To the extent permitted by law, either the City or the BGSO may
exclude objectionable uses, or abusive or offensive person(s) from all premises subject to this
agreement.
6.0. OPERATION AND SUPERVISION OF THE BOTANICAL GARDENS OF THE OZARKS. The
BGSO shall exercise sole operational and supervisory authority over all grounds, buildings
and personnel of the Garden and over all such matters, including but not limited to, safety,
insurance, planning, plant acquisitions, displays and gardens, and the purchase, exchange, or
acquisition of additional items to be added to the collections, except as otherwise provided in
this agreement. The BGSO at its expense will be responsible for all maintenance and security
associated with the operation of the Botanical Garden, including equipment, parking lots, and
other improvements. The BGSO may not sublet any portion of the property without the
express written consent of the City Council.
7.0 TRAILS: The BGSO specifically acknowledges the right of the public to access trails in
the non fee area without charge. BGSO must obtain the approval of the Parks and
Recreation Staff on the routing and design of all public trails through this land lease area.
7.1 Constriction of or enhancements to the primary public pedestrian and bicycle trails
through the non -fee area to the west of the fee area (see attachment) must be approved by
both the City of Fayetteville and the BGSO. Primary public trails located immediately
adjacent to the fee area and all secondary trails related to BGSO programming will be
designed, constructed, and maintained by the BGSO.(See attached maps identifying these
areas)
7.2 Any enhancements or construction of any trails by the City within the non -fee area will
be maintained by the City of Fayetteville.
7.3 The BGSO will construct and maintain a parking lot near the Visitor Education Center
that allows free public parking with direct access to the primary public trails seven days a
week.
7.4 The Society will be responsible for all educational, research and informational programs
conducted on the premises and all printed material.
7.5 The parties agree that all employees and volunteers shall be employees or volunteers of
the BGSO and shall not be considered to be City employees or volunteers for any purpose
whatsoever. The BGSO shall have the sole authority for engaging, terminating, fixing
compensation, supervising and otherwise directing all personnel, including sub -contractors, in
conformance with applicable laws governing employees and volunteers at the Botanical
Garden.
8.0 CONSTRUCTION, ALTERATIONS, IMPROVEMENTS AND MAINTENANCE.
8.1 The Final Master Plan must be approved by the City Council, and shall serve as the
development guide to present and future construction, expansion, and improvements to the
premises. The parties agree that the BGSO will submit to the Fayetteville Parks and Recreation
Staff for review all plans for construction, future alterations, and improvements to be located
on the premises including, but not limited to, gardens, greenhouses, entrances and parking,
and for all other alterations to any facilities and grounds at the Garden which undertakings
shall be subject to applicable City procedures, zoning ordinances, and design review.
8.2 Any major changes to the Master Plan shall be submitted to the Fayetteville Parks and
Recreation Advisory Board for approval.
9.0 HOURS OP OPERATION. The BGSO shall establish the hours of operation for the
Botanical Garden and shall consider the public interest in establishing such hours. The
public parking lot will be open during daylight hours.
10.0 SIGNS. Lessee .may place such signs as it may deem proper on the premises, so long as
said signs are in compliance with Lessor's sign ordinances.
11.0 PROGRAM ACCESSIBILITY AND PROGRESS.
11.1 As consideration for this lease, BGSO will offer free general admission to the Garden
each Saturday morning from 9:OOam to 12:OOpm. This waived fee provision only applies to
general admissions and not to specialty areas, buildings or events that require a separate
entry fee. In addition to the above stated consideration, BGSO will recognize the importance of
its botanical educational role by making garden access arrangements with the Fayetteville
School District for students and teachers.
11.2 Groups using any of the facilities of the Garden shall abide by all regulations as
established by the City and the BGSO.
11.3 PROGRESS. BGSO will develop and open a botanical garden on the City property
identified with this lease agreement. BGSO will offer botanical garden programmatic and
educational services as part of its mission. BGSO will establish an initial yearly attendance
goal minimum for all BGSO garden services and programs of 5,000 people beginning with
calendar year 2005. BGSO will develop a three to five year plan of action with stated goals
and objectives. BGSO will continue to review, refine and renew these actions plans during the
course of this lease. BGSO will prepare, publish and present an annual operations report to
be submitted to the Fayetteville City Council.
12.0 LAWS. The BGSO shall comply with all present and future laws, ordinances, and rules
and regulations, pertaining to the City of Fayetteville including, but not limited to, the
Americans with Disabilities Act and the Arkansas Freedom of Information Act.
13.0 RESOLUTION OF CONFLICT. In the event of disagreement regarding operations
procedures or scheduling, a committee consisting of four (4) members, one (1) appointed by
the City, one (1) appointed by the City Parks & Recreation Advisory Board, and two (2) by the
BGSO will be constituted to resolve the differences. If no resolution is reached within a
• reasonable period, then this committee shall refer the matter to the City Council, whose
decision shall be binding to both parties.
14.0 INSURANCE. The BGSO agrees to obtain and maintain through the duration of the
lease at its own expense, Commercial General Liability Insurance covering public liability,
bodily injuries, death, products liability and property damage for damages and expenses
arising out of the operation of the Garden prior to opening the Garden to the public.
15.0 DEFENSE AND INDEMNIFICATION. The BGSO agrees to defend, indemnify and hold
the City, its officers, employees, agents and representatives harmless against all damages,
expenses, loss or liability from any claim or suit arising or alleged to have risen from any act
or omission of the BGSO, its officers, employees, agents or representatives by reason of the
operation of the Garden under this agreement, including, but not limited to, damage to or
destruction of property or injuries to or death of a person or persons.
16.0 SELECTION OF TRUSTEES. The BGSO agrees that the City Council will appoint one
(1) member of the BGSO's Board of Directors. One member shall be a current member of the
City's Parks and Recreation Advisory Board and one member must represent the Parks and
Recreation Staff. The BOSO further agrees to supply the names of those persons elected to
the Board of Directors to the City Clerk as public record. The Board of Directors shall
faithfully and diligently exercise such authority as herein conferred in conformity with the
provisions of this agreement.
16.1 The 13GS0 shall file a true and correct copy of its corporate charter, with amendments, if
any, and an accurate and complete copy of its Bylaws and any amendments thereto, and a
copy of the I.R.S. Letter of Determination of I.R.C. Sec. 501(c)(3) status with the City to be
maintained as a public record. In the event of subsequent amendments to such charter or
bylaws, true and correct copies of the same shall be timely filed with the City Clerk.
17.0 FUNDING SOURCES.
17.1- In order to achieve and continue the public purpose of this agreement, funding shall be
provided or permitted but not limited to the following sources:
A. The BGSO agrees to use its best efforts to secure gifts of cash, services,
endowments, and plant materials for the purpose of fulfilling its obligations hereunder. Any
funds raised for the Garden by the BGSO shall be used for the purpose of equipping and
maintaining the Garden, for the improvement of real property, for the general maintenance of
the Garden, or for any other purpose designated by the BGSO's Board of Directors.
B. Generated revenue from admission, gift shop, program and service fees, and
miscellaneous rental income.
C. Gifts, grants, bequests and devises from private donors, expended in conformance
with the terms of their receipt.
D. Earned income from investments.
E. Bond funds as may be authorized.
18:0 FINANCIAL REPORTS. In accordance with the BGSO's Bylaws, the City shall receive a
copy of the financial audit of the Garden's financial books and records every year. The report
will be provided within ninety (90) days of each completed audit. In addition, the 13GS0 shall
timely provide to the City the yearly operating budget of the 13050.
19.0 RENT, FEES, CONCESSIONS AND TAXES. The B050 shall have the right to set
admission fees to the .Garden as well as fees for optional services such as programs, space
rental, etc. Fees shall be reasonable and in line with similar services available in the tourism
market place.
19.1 The BGSO shall pay promptly all taxes and license fees of whatever nature applicable
under municipal, state, and federal law. In addition, the parties agree that the 13GS0 shall
indemnify and save the City harmless from and against any liens or similar liabilities claimed
or changes against the 13030 pursuant to the BGSO's operation of the Garden.
20.0 REMEDIES FOR BREACH OR VIOLATIONS OR DISPUTES.
20.1 Termination of Agreement. The parties agree that if either party materially breaches or
fails to perform its obligations under this agreement, the other party may give notice in writing
of intent to terminate. If the breaching or non-performing party fails to commence and effect
cure in good faith to the satisfaction of the other party within ninety (90) days of such notice
or such longer period, if agreed in writing by the parties, the agreement shall be deemed
terminated at the expiration of the ninety (90) days period or other agreed period. Any request
of extension shall not be unreasonably withheld.
20.2. In the event the BGSO shall be adjudicated bankrupt or insolvent or take the benefit of
any reorganization of composition proceedings or insolvency law, or make an assignment for
the benefit of creditors, or if the BGSO's interest under this agreement shall be Ievied upon or
attempted to be attached or sold under any process of law, or if a receiver shall be appointed
for the BGSO, then and thereafter the City shall have the right and option to terminate this
agreement irrespective of whether or not default exists hereunder, said determination to be
effective immediately upon City's exercise of such option by giving written notice to the 13030.
20.3 The parties agree that neither part shall be liable or responsible to the other for delays or
impossibilities of performance caused by force majeure occurrences beyond the control of the
parties including, but not limited to, civil disorder, fires, floods, or acts of God.
BOTANICAL G • o EN SOCIETY
OF Q • ; INC.
By:
Elair Johanso ' - sident
ATTEST:
By:
Name and title:
CITY OF FAYETTEVILLE, ARKANSAS
B
Charles Daniel Coody, Mayor
To: Mayor Dan Coody Date: January 23, 2006
From Catherine W. Bass
BGSO Board President
Re: Annual Report/Botanical Garden of the Ozarks
The Botanical Garden Board of Directors spent the first few months of 2005 working with
city planners and Mesa Designers of Little Rock to complete final plans for a Large Scale
Development to be submitted to the City Planning Department. The plans were com-
pleted and submitted to the City in April, and final approval was received in October 2005.
The next task facing the Board was to develop a construction budget for the horticulture
center. The original budget, as developed by the architectural firm was for $894,988.88,
almost $500,000 over budget! Through a detailed and time-consuming process of value
engineering by Ron Troutman and his staff at Boulder Construction, working with the BGSO
Board, the final budget was developed at $515,000.The horticulture center construction,
now well under way, is expected to be completed by the summer and associated garden
infrastructure should be substantially complete by mid -summer.
We submitted a grant application to the Arkansas Forestry Commission to support
environmental assessment and plans for detention and remediation of water in the
intermittent stream that crosses the property. The grant was approved and EGIS Natural
Development, Inc. and EGIS Engineering, Inc. were selected to design plans for the
project.Their engineers began work in November 2005, and planning should be finished
by June.
In cooperation with the BGSO Board and staff, the City Parks and Recreation Department
submitted an application for funding from the State Outdoor Recreation Grants Program
to support infrastructure development. To meet grant requirements, BGSO held a
series of public meetings to determine the needs and interests of various citizen groups
regarding botanical garden development. During the grant review process, we were asked
to stop construction until we could reassess an archaeological study done in 1999. The
purpose of this reassessment was to determine whether or not significant cultural resources
might be disturbed during the construction process. In mid-January, the State
Archaeological Survey completed the assessment (finding no artifacts of significance), and
after an eleven week delay, work resumed. In mid-January Governor Huckabee notified
the City of Fayetteville that an Outdoor Recreation Grant of $115,128 had been approved.
