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HomeMy WebLinkAbout2005-03-07 - Agendas - FinalPark & Recreation Staff Connie Edmonston, Director Steve Hatfield, Landscape Architect David Wright, Program Superintendent Jeff Coles, Maintenance Superintendent Alison Jumper, Park Planner Matt Mihalevich, Park Planner Cheryl Whillock, Secretary FAYETTEVILLE PARKS & RECREATION Parks & Recreation Advisory Board Mike Hill, Chairman Jeny Bailey, Vice -Chairman Jay Davidson Monroe Harrison Kristin Pawlik Holmes Stephen Langsner Trey Marley Craig Mauritson Parks and Recreation Advisory Board Meeting March 7, 2005 at 5:30 p.m. City Administration Building Room 219 113 West Mountain Street Fayetteville, AR AGENDA 1. Approval of February 7, 2005 PRAB Meeting Minutes PRAB Motion: 2. America in Bloom Presentation: Lisa Netherland, Park Horticulturist 3. Solar Boat Race Request: Tabled from February 7, 2005 PRAB Meeting. Dr. Bill Springer, Dr. Alan Mantooth & Dr. Roy McCann, University of Arkansas Engineering Department. Last month, Dr. Springer and Dr. Mantooth proposed to host an International Solar Boat Competition at Lake Fayetteville, in June of 2006. Parks and Recreation Advisory Board decided to table the event to allow for public input. Since our last meeting, public notices have been posted at Lake Fayetteville. Also Parks and Recreation Staff met twice with the proposing organization to work on the logistics of this event. Please view these findings in the attached memo from David Wright. Staff Recommendation: To move forward on the Ordinance Exemptions that would allow this event to take occur. PRAB Motion: 4. Botanical Garden Society of the Ozarks Annual Report: Blair Johanson, BGSO President The City's lease agreement with BGSO requires an annual report be presented to the Parks and Recreation Advisory Board. BGSO Board President, Blair Johanson, will present their annual report and plans for 2005 for approval. PRAB Motion: 5. Park Land Dedication Development Name: Engineer: Owner: Location: Park District: Units: Lewis and Wedington Project Design Consultants MB Holdings Intersection of Lewis Street and Wedington Dr. NW 17 Single Family Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Developer's Request: Staff Recommendation: Developer's Comments: "...However, if the Parks and Recreation Advisory Board determines that a neighborhood park is not feasible or advisable, it may recommend to the City Council that a cash contribution pursuant to our ordinance be accepted in lieu of land dedication. The City Council will either accept the recommendation for a cash contribution or return the subdivision plat to the Parks Board with instructions or further study." (Unified Development Ordinance No. 166.03K) Justification: The land requirement for this development does not provide for an adequate neighborhood park and expansion is not feasible. PRAB Motion: 4.2 .41 acres $9,435 Lewis St. Soccer Complex Money in lieu Money in lieu 6. Park Land Dedication Development Name: Engineer: Owner: Location: Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Developer's Request: Staff Recommendation: Gregg St. Project Design Consultants SCB Investments West of Gregg St. between Sycamore and North Streets NW 39 Multi Family 1.68 .66 acres $15,327 Gregory Park and Wilson Park Money in lieu Money in lieu Staff Comments: The proposed development is located adjacent to the proposed Arkansas -Missouri Rail -Trail as identified on the Fayetteville Alternative Transportation & Trail Master Plan. Developer's Comments: ":..However, if the Parks and Recreation Advisory Board determines that a neighborhood park is not feasible or advisable, it may recommend to the City Council that a cash contribution pursuant to our ordinance be accepted in lieu of land dedication. The City Council will either accept the recommendation for a cash contribution or return the subdivision plat to the Parks Board with instructions or further study." (Unified Development Ordinance No. 166.03K) Justification: The land requirement for this development does not provide for an adequate neighborhood park and expansion is not feasible. PRAB Motion: 7. Park Land Dedication Development Name: Engineer: Owner: Location: Oakbrooke Subdivision Milholland Company Paradigm Development West of Rupple Rd. between Wedington and Mount Comfort Streets. Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Developer's Request: Staff Recommendation: Developer's Comments: ':..However, if the Parks and Recreation Advisory Board determines that a neighborhood park is not feasible or advisable, it may recommend to the City Council that a cash contribution pursuant to our ordinance be accepted in lieu of land dedication. The City Council will either accept the recommendation for a cash contribution or return the subdivision plat to the Parks Board with instructions or further study." (Unified Development Ordinance No. 166.03K) NW 78 Single Family 21.75 acres 1.872 Acres $43,290 Red Oak Park, Bryce Davis Park, Fairfield, and Clabber Creek Money in lieu Money in lieu Justification: The land requirement for this development does not provide for an adequate neighborhood park and Red Oak Park is located within a 1/2 mile radius of the proposed development. Bryce Davis Park is in close proximity of this development with a future development planned in between the park and Oakbrooke. PRAB Motion: 8. Park Land Dedication 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: ':..However, if the Parks and Recreation Advisory Board determines that a neighborhood park is not feasible or advisable, it may recommend to the City Council that a cash contribution pursuant to our ordinance be accepted in lieu of land dedication. The City Council will either accept the recommendation for a cash contribution or return the subdivision plat to the Parks Board with instructions or further study." (Unified Development Ordinance No. 166.03K) Arapaho Drive Subdivision H2 Engineering, Inc. Dr. J.B. Hays Between Arapaho Drive and Madison Drive, East of Crossover (S.H. 265) and South of Mission Blvd (S.H. 45) SE 18 Single Family 6.32 Acres .432 Acres $9,990 Barrington Park and Trammel Park Money in lieu Money in lieu Justification: The land requirement for this development does not provide for an adequate neighborhood park and Barrington Park touches the proposed development to the north. Trammel Park is also located within a 1/2 mile radius of the proposed development. PRAB Motion: 9. Lake Recreation Fee Proposal: Connie Edmonston On February 23, Parks Staff met with the City Council Ordinance Review Committee to review Recreation Sports and Lake Recreation fees. Lake Recreation fees were established by Ordinance 4168 which was updated in August of 1999. See attached ordinance. Also included in the PRAB attachments are past records of revenues collected at Lake Fayetteville and Lake Sequoyah and benchmarks of fees/rentals charged at other marinas within Northwest Arkansas. Fees for recreational sports will be studied this year and results will be presented to PRAB and the Ordinance Review Committee during the fourth quarter of 2005. Parks & Recreation Staff Recommendation: Daily Fishing Permit: $2 Daily Fishing Permit Sr. Adults: $1 Daily Boating Permit: $2 Daily Boating Permit Sr. Adults: $1 Season Fishing Permit: $20 Season Fishing Permit Sr. Adults: $15 Season Boating Permit: $20 Season Boating Permit Sr. Adult: $15 Justification: Keep the above fees the same as the current fees. Benchmark reveals the Corp of Engineers rates are $4 for fishing/boating combination and the annual fee for boating/fishing combination is $30. PRAB Motion: Parks & Recreation Staff Recommendation: Boat Slip Rental Lake Fayetteville: $400 Boat Slip Rental Lake Fayetteville for Non -Residents: $520 Boat Slip Rental Lake Sequoyah: $160 Justification: This is a 100 percent increase from existing fees. Area lakes surveyed ranged from $700 to $1,512 per year. PRAB Motion: 10. PRAB Funding Committee: Mike Hill At the PRAB Orientation held on January 8, 2005, a Funding Committee was formed consisting of Jerry Bailey, Jay Davidson, Craig Mauritson, and Monroe Harrison. This committee is to consider possibly meeting at 4:30 pm at City Hall before the next PRAB meeting on April 4, 2005. 11. Other Business 12. Adjournment Attachments: PRAB February 7, 2005 Meeting Minutes Botanical Garden Society of the Ozarks Annual Report Development Maps and Letters (4) Lake Recreation Ordinance, Revenues, Proposal & Benchmarks Solar Boat Race Information CIP Update Park Land Dedication Ordinance Fund Monthly Report HMR Monthly Report PARKS AND RECREATION ADVISORY BOARD Meeting Minutes February 7, 2005 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order at 5:34 p.m. on February 7, 2005 in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas by Chairman Hill. Present: Parks and Recreation Advisory Board members Hill, Bailey, Mauritson, Harrison, Davidson, Langsner, and Pawlik Holmes; City staff Jumper, Hatfield, Edmonston, Mihalevich, Weber, Whillock and Audience. 1. Approval of January 3, 2005 Minutes MOTION: Mauritson moved to approve the Parks and Recreation Advisory Board January 3, 2005 meeting minutes. Langsner seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Langsner, Davidson, Harrison, and Pawlik Holmes voting `yes' and Marley absent for the vote. 2. Zach Starr- Boy Scout Proposal for Walker Park Fitness Station: Steve Hatfield, Parks Landscape Architect. Zach Starr presented a fitness/exercise program for Walker Park to include four to six exercise stations. The materials will be donated to the non-profit Scout group for the project. Bailey asked where these stations will be located. Starr replied he is currently working with Steve Hatfield to determine the locations. Harrison asked what type of stations would be installed. Starr replied these stations will consist of parallel bars, chin bars and pull-up bars as well as signage. Mauritson asked what type of materials these stations will be made of. Starr replied the current plan will use heavy cedar timber and galvanized steel. February 7, 2005 / 1 Davidson asked what type of signage is proposed. Starr replied the signage has not been determined, however it will require minimal maintenance. Mauritson moved to accept the proposal for Walker Park fitness stations. Harrison seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Langsner, Davidson, Harrison, and Pawlik Holmes voting `yes' and Marley absent for the vote. 3. Park Land Dedication: Alison Jumper, Park Planner Development Name: Engineer: Owner: Location: Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Developer's Request: Staff Recommendation: Justification: The Heights Milholland Company P.A.P., LLC South Hwy. 45 and west of Hwy. 265; near the shopping center with Eureka Pizza. SE 56 Single -Family 17.22 1.34 Acres $31,080 Ridgeway View, Root School Money in lieu. Money in lieu The land requirement for this development does not provide adequate land for a park. In addition, surrounding development prohibits the possibility of park expansion. Jumper presented the Parkland Dedication Proposal for The Heights development. Pawlik Holmes asked if the developer was present for comment. February 7, 2005 / 2 Jumper replies no. Mauritson moved to accept staff recommendation of money in lieu. Harrison seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Davidson, Harrison, and Pawlik Holmes voting 'yes', Langsner abstained and Marley absent for the vote. 4. Solar Boat Race request -Dr. Alan Mantooth Wright introduced Dr. Mantooth and Dr. Springer from the University of Arkansas Engineering Department. Dr. Mantooth presented a proposal for a International Solar Boat Race. This event will host over 300 participants offering a substantial economic impact for the City of Fayetteville. The event runs for 5 days tentatively scheduled for mid to late June, 2006. The race includes sprint racing and endurance racing. The boats are fueled by solar and battery power only. Hill stated his only concern was for the no -wake ordinance and hours of operation for Lake Fayetteville. The ordinance states that the lake will remain open to the general public which would conflict with the need to close the lake for a special event during the proposed period. Wright stated City Attorney Kit Williams suggested presenting an exemption to the ordinance to City Council for the solar boat race. Hill stated this event would require closure of the lake during the busy season. He asked what the deadline is for the application. Dr. Mantooth replied the event coordinator will conduct a site visit in February. Pawlik Holmes suggested tabling the proposal until the March meeting to give fishermen and other user groups the opportunity to respond to the request. Wright stated a rental fee should be determined according to anticipated revenue loss. According to a two year revenue comparison for Lake Fayetteville a possible fee would be $1600 if the event is scheduled in late June 2006. Mauritson asked if there will be any activities available for the current users of Lake Fayetteville during the event. Dr. Mantooth replied that current users may be able to participate in the event by assisting with safety certifications, boat checks, and boating safety instruction. February 7, 2005 / 3 Davidson asked if tabling the proposal will cause a delay that would result in loss of consideration for the event to be held in Fayetteville. Dr. Mantooth replied that other lakes in the area are also under consideration for the event but that Lake Fayetteville, because of its surrounding amenities, is the desired location. Mauritson moved to table the proposal for the March Parks Board Meeting. Bailey seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Langsner, Davidson, Harrison, and Pawlik Holmes voting 'yes' and Marley absent for the vote. 5. Parkland Dedication Criteria Proposal — Alison Jumper. Jumper reviewed the proposed criteria with emphasis on the changes from the prior year. Bailey clarified that this change would prevent all the property owners' backyards from facing the park. Mauritson addressed the viewers by stating that the preferred parkland be expandable with adjacent parklands and not create many separate small pocket parks. Bailey moved to accept the Parkland Dedication Criteria. Hill seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Langsner, Davidson, Harrison, and Pawlik Holmes voting `yes' and Marley absent for the vote. 6. Botanical Garden of the Ozarks Board of Directors representation by members of Parks Board. Hill reviewed the Botanical Garden Society Board Member responsibilities. He stated the level of commitment required of the Society's board members exceeds Parks Board member's capabilities, creating the need for membership rotation. He suggested a 6 month participation period by Parks Board members. Davidson asked if this requirement is in the City's annual lease with Botanical Gardens and what is the duration of the lease agreement. February 7, 2005 / 4 Edmonston replied these requirements are included in the lease agreement and the current lease is for 25 years with three 25 year extensions for a total of 100 years. Bailey volunteered to serve on the Botanical Garden Society Board for the first six- month rotation. Hill suggested a substitute be available in the event that the current member is unable to attend. He volunteered to substitute as necessary. He stated that the next meeting of the Botanical Garden of the Ozarks Board of Directors is February 15th 7. Parks and Recreation 2004 Annual Report Edmonston presented the report and asked if there were any changes or questions. Mauritson stated the report looked good and 2004 was a very productive year for Fayetteville Parks and Recreation. Hill moved to accept the 2004 Annual Report. Mauritson seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Langsner, Davidson, Harrison, and Pawlik Holmes voting 'yes' and Marley absent for the vote. Adjournment Meeting was adjourned at 6:30 p.m. Minutes submitted by: Rachel Weber/Cheryl Whillock February 7, 2005 / 5 To: Parks and Recreation Advisory Board From: David Wright, Recreation Superintendent Date: March 1, 2005 Re: Solar Boat Race at Lake Fayetteville PRAB tabled a proposal made by the University of Arkansas' Engineering Department to host an international solar boat competition at the February meeting. This event, if awarded to Fayetteville, will take place in June 2006. During the last month, several logistical matters have been determined by the U of A Engineering Team and Parks and Recreation Staff. First, the date of the event has been narrowed to one of two weeks. The first option is June 15 — 18, 2006. This week is typically a break between the Spring and Summer Adult Softball seasons that play at Lake Fayetteville Softball Fields. Playing during this week with the long break of softball leagues will allow for more spectator parking for the Solar Boat Race. The second choice runs from June 22 — 29, 2006. There will most likely be adult softball during the evenings of this week. The impact of the solar boat race will not have a major effect on the evening games. Softball games do not begin until 6:30, which will be close to the time the solar boat racing competition is concluding for the evening. Also, seasons games are not typically played on Friday evenings therefore, the boat competition will only effect normal softball operations for one evening. If the softball tournament schedule remains similar to years past, Lake Fayetteville will not host a weekend tournament on either of these two weekends. Much of the four day competition is spent preparing the boats for the racing events. The area inside the fenced boat dock facility was described as "perfect" by the event organizers. Teams will set up tents on the parking lot and in the two grass areas. This allows for security of equipment during the evening as well as leaving the softball parking lot for spectator parking. The area inside the boat dock should be more than sufficient for the anticipated 30 teams. After measuring Lake Fayetteville, the University of Arkansas Engineering team determined boats will utilize the western part of the lake, closest to the dam. This area is long enough for the sprint competition running north and south and will provide the first leg of the endurance competition. Parks and Recreation Staff encourage the west part of the lake since the dam would provide a natural area for citizens to visit the park and enjoy the solar boat races. If Fayetteville is awarded this event, it will require Parks and Recreation close the operations of Lake Fayetteville during the competition. PRAB wanted to make sure everyone had the possibility to speak about this event. At the conclusion of the last meeting, Parks and Recreation staff prepared meeting notices and posted them at Lake Fayetteville. As of today, Parks Staff has not received any negative comments about the possibility of the event. If there are citizens opposing the event, they may chose to come to the PRAB meeting on March 7. As briefly discussed last month, an agreement between the City of Fayetteville and the event organizers that stipulates a rental fee of the facility must be drawn up. This rental fee will reimburse the City from lost revenue regularly generated from fishing activities. Parks and Recreation staff recommends that the total of the rental fee be taken from an average of revenue generated during the week of the event from the previous two years. For example, if June 15th is selected as the original date we will take the average of revenue from week of June 15th for 2004 and 2005. Therefore, the actual rental agreement can not be finalized until July of 2005. This agreement will also state that Parks and Recreation, or its contractor, will have the concession rights to the event. If Parks and Recreation Advisory Board endorses this event tonight. Parks and Recreation Staff's next step will be to present an ordinance exemption for this event to City Council. This exemption will allow a wake to be created by the boats participating in this competition and to completely close the operation of the facility to any other recreational use. The next stop for the event organizers is to prepare a bid that will convince the National Organization that Fayetteville and Lake Fayetteville are the most suitable city and facility for this event. To: Mayor Coody From: Blair Johanson BGSO Board President Date: December 20, 2004 - Updated 1/26/05 Re: Botanical Garden of the Ozarks Progress Report The Botanical Garden of the Ozarks (BGO) is moving forward with its plan to build a premiere botanical garden for the citizens of Fayetteville and Northwest Arkansas. This report will provide an update on the current construction activities associated with the BGO Phase IA plan. October, 2004 — The BGSO contracted with MESA Designers of Little Rock for architectural and design services on the Carl A. Totemeier Horticulture Center. Ron Troutman, BGSO Board member was able to negotiate a very reasonable fee for the MESA services. MESA has secured two architects from Eureka Springs to provide local support for the project. The MESA team has met several times with the BGSO Plans and Properties Committee to develop and finalize drawings for the Center. Final large scale drawings will be completed in February, 2005 November and Early December, 2004 — The final roofing design for the Center was released and materials were ordered from City Lumber and ABC Supply Co., Inc. The materials were delivered to the site during the second week of December. The metal roofing material will be installed in late February. Mid December, 2004 — A crew with McMahon Brothers is completing the cold roof construction. McMahon Brothers have donated some of there services so the total roof construction costs will be very reasonable. December, 2004 - BGSO contracted with MESA Designers of Little Rock for architectural and design services for the BGO Phase I site infrastructure and garden plan. Ron Troutman negoitiated a very reasonable fee for the MESA services. December 2004 — January, 2005 — MESA will complete the design and construction documents for the Center to be reviewed by the City's planning personnel. The BGSO documents should go through the City's large scale development process in March 2005. The Botanical Garden Society of the Ozarks deposited development funds from the City in a Bank of Fayetteville Trust Account. All Phase lA construction expenses as required by the City resolution will be paid from this account. Michael Thomas, BGSO Board member will meet with Steve Davis, City Comptroller each month to review the expenditures for this project and to ensure that we have procedures and systems for a proper accounting for all funds. The Bank of Fayetteville Trust Department will print a monthly report of all disbursements for the BGO Phase la project. Additional donated professional services will be provided by Green — Anderson Engineers, Inc. and Ron Troutman is in discussions with McClelland Consulting Engineers, Inc. to obtain their seryices too. Please find a copy of the first list of disbursements from the BGSO Trust Account attached to this letter. On behalf of the BGSO Organization of staff, board and volunteers, I would like to again thank you and the Fayetteville City Council for the $750,000. We will leverage this contribution with private funding to build a premiere botanical garden that will become one more treasured jewel for the citizens of our community. It is our desire to provide you with monthly communication updates during the development and construction of the BGO Phase IA project. Please call me if you have any questions or comments. gab. RESOLUTION NO. 83-97 MICROFILMED A RESOLUTION APPROVING A LAND LEASE AGREEMENT, WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC., FOR THE PURPOSE OF OPERATING A BOTANICAL GARDEN IN FAYETTEVILLE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1, The City Council hereby approves the Land Lease Agreement, with the Botanical Garden Society of the Ozarks, Inc., for the purpose of operating a botanical garden in Fayetteville and authorize the Mayor and City Clerk to execute said lease. A copy of the land lease agreement- is -attached hereto marked Exhibit "A" and made a part hereof. M rlf r.'- 7 EC.triD APPROVED this _ day of September , 1997. :'rVir""ttnri j APPROVED: _ ,��.tcori..,J a By_ �- j�r Traci Paul, City Clerk 1 red Hanna, Mayor EXHIBIT A LAND LEASE AGREEMENT THIS AGREEMENT made this alai day of Cep te/n her, 1997, by and 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 "the Society". WITNESSETH: WHEREAS, the parties desire to enter into an agreement regarding the operation and functioning of the Botanical Garden 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 Society'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/4) of the Northeast Quarter (NE/4), a part of the Southwest Quarter (SW/4) of the Northeast Quarter (NFJ4), and a part of the Southeast Quarter (SE/4) of the Northwest Quarter (NW/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 Clerk and Ex -Officio Recorder of Washington County, Arkansas. Less and except that portion of said parcel within the waters of Lake Fayetteville, 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 Also the Northeast Quarter (NE/4) of the Northeast Quarter (NE/4) of Section 24, Township 17 North, Range 30 West, and the Fractional Northwest Quarter (NW/4) of the Northwest Quarter (NW/4) of Section 19, Township 17 North, Range 29 West, Washington County, Arkansas, 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. Less and except that portion of said parcel within the waters of Lake Fayetteville, 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 City specifically retains the right to construct and maintain a trail upon a portion of the above-described property and to construct and maintain a parking lot at or near the access to such trail off of Highway 265. The Society specifically acknowledges the right of the public to access such trail without charge. 1.0. u: WOW ►: Su • 1 0 -►11 0' ,: Y 0► 0 11:1 1 ► 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. J.EASE 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 may be renewed for an additional 25 year term upon the mutual agreement of the parties. Such renewal request shall not be unreasonably denied by the City. 2.1. REVIEW AND EVALUATION. The parties acknowledge that the Garden 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 Society shall present an annual progress review to the Parks and Recreation Advisory Board and the City Council. 3.0. TITLE TO BUILDINGS AND GROUNDS The Society acknowledges without reservation that the City owns and shall hold title to the grounds and any future buildings constructed on the premises. 2 4.0. OPERATING POI .IC FS AND RESPONSIBILITIES The Society 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 the premises, and shall consider the policies of Parks and Recreation regarding cultural and recreational facilities. 5.0. RULES AND REOIII.ATIONS (W SOCIETY The Society 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 Society may exclude objectionable uses, or abusive or offensive person(s) from all premises subject to this agreement. 6.0. OPERATION NDC iP .RVISION OF THF BOTANICAL CARDF.N OF THF OZARKS, The Society 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 Society at its expense will be responsible for all maintenance and security associated with the operation of the Botanical Garden, including equipment, parking lots other than city owned and operated parking lots, and other improvements. The Society may not sublet any portion of the property without the express written consent of the City Council. a. The Society will be responsible for all educational, research and informational programs conducted on the premises and all printed material. b. The parties agree that all employees and volunteers shall be employees of the Society and shall not be considered to be city employees or volunteers for any purpose whatsoever. The Society 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. 3 6.1. CONSTRUCTION, ALTERATIONS, IMPROVEMENTS AND MAINTENANCE, The parties agree that the Society will submit to the Fayetteville Parks and Recreation Advisory Board for review all plans for construction, future alternations, 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. Such submission shall also contain the proposed financing and budget for such plans. A preliminary master plan of the garden shall be reviewed and approved by the City Council contemporaneous with this lease. The Final Master Plan when completed and accepted by the City Council shall serve as the development guide to present and future construction, expansion, and improvements to the premises. Any major changes in this plan shall be submitted to the Fayetteville Parks and Recreation Advisory Board for approval. 6.2. HOURS OF OPERATION. The Society shall establish the hours of operation for the Botanical Garden and shall consider the public interest in establishing such hours. 6.3. PROGRAMA . C IR .TTY. 6.3.1. The City reserves the right of use of the Garden or any part thereof (subject to prior reservations), with a minimum of thirty (30) days advance notice to the Society and without fee, for indoor or outdoor meetings, programs or events not to exceed twelve (12) usages per year or two (2) such usages in any one month. The City shall be responsible for labor costs incurred by the Society for such usage and shall reimburse the Society therefor. 6.3.2. Groups using any of the facilities of the Garden shall abide by all regulations as established by the City and the Society. 6.4. LAWS The Society 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. 6.5. BESOT .UTION 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 Society will be constituted to resolve the differences. If no resolution is reached within a reasonable period, 4 then this committee shall refer the matter to the City Council, whose decision shall be binding to both parties. 6.6. INSURANCE.. The Society agrees to obtain and maintain 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.. 6.7. I)EFENSF. AND INDEMNWFICAT!ON, The Society 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 Society, 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. 7.0. SET,ECTION OF TRUSTEES The Society agrees that the City Council will have the right to appoint no less than 25% of the members of the Society's Board of Directors. At least one of the City's appointees shall be a current member of the City Parks and Recreation's Advisory Board. The Society 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. a. The Society 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.RS. 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. 8.0. FUNDING SOURCES 8.1. 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 Society 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 Society shall be used for the purpose of equipping and maintaining the Garden, for the improvement of real 5 property, for the general maintenance of the Garden, or for any other purpose designated by the Society'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. 9.0. FINANCIAL EPORT$. In accordance with the Society'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 Society shall timely provide to the City the yearly operating budget of the Society. 10 0 RENT, FEES, CONCESSIONS, AND TAXES. The Society 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. Fees shall be presented by the Society to the Parks and Recreation Advisory Board for approval prior to their collection. a. The Society 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 Society shall indemnify and save the City harmless from and against any liens or similar liabilities claimed or changes against the Society pursuant to the Society's operation of the Garden. 11 0 REMEDIES FOR BREACH OR VIOLATIONS OR DISPUTES, 11.1. 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 thirty (30) 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 thirty (30) days period or other agreed period. Any request of extension shall not be unreasonably withheld. 11.2. In the event the Society 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 6 benefit of creditors, or if the Society's interest under this agreement shall be levied upon or attempted to be attached or sold under any process of law, or if a receiver shall be appointed for the Society, 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 Society. 11.3. Periodic Review The Mayor or his designated representative shall review the accomplishments of the Society based upon the three phases of site development attached hereto and made a part hereof. A review of the Society's accomplishments at the end of Phase I (3 years) from the date of this agreement shall reveal that 75% of the development set forth in that Phase has been completed. If the Society has not attained this percentage of development then this agreement shall be re-evaluated and may be terminated by the City Council. At the end of Phase II (7 years) the Society must also have completed 75% of the development set forth in that Phase or this agreement shall be re-evaluated and may be terminated by the City Council. The same procedure shall apply to the Phase III (7-12 years) development goals set forth herein. 11.5. The parties agree that neither party 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. 11.4. The Mayor or his designated representative and the Society shall meet as requested by any party to review the terms of this lease, to suggest and negotiate changes which may be appropriate. 11.5 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. ATTEST: By. NAMERTnt BOTANICAL GARDEN SOCIETY OF THE OZARKS, INC. 7 ATTEST: By: Traci Paul, City Clerk �rt f CITY OF FAYETTEVILLE, ARKANSAS 02-08-'05 15:48 FROM-6eomatic Consultants 4792481462 T-231 P02 U-233 PROJECT DESIGN CONSULTANTS, INC. February 8, 2005 CITY OF FAYETTEVILLE ATTN: PARK PLANNING STAFF 113 W. MOUNTAIN FAYtiitVILLE,AR 72701 Dear Sir or Madam: We are developing approximately 4.25 acres at the Intersection between Wedington and Lewis Roads in Fayetteville, AR. We have decided to use the option of money In lieu of land for our required Parks contribution, Our required amount of money in lieu of land is: Single Family 17 lots x $555.00 = $9,435.00 We would like to schedule a meeting between your staff and our Civil Engineer, N. Art Scott, end our Landscape Architect, Amy Scott. Please contact them at 479.248.1161 to coordinate an onsite meeting, at your convenience. We would like to be on the agenda for the Parks and Recreation Board Meeting scheduled for March 7, 2005. Jon BNttenum w cxery ref - 0 E'. k e- MB Holdings, 7,4 c, P,O. BOX 3773 • FAYETTEVILLE, AA . 72701.3773 PHONE; 479.521-1950 RECEIVED 02-09-'05 10:42 FROM- TO- 6eomatic Consultants P01/01 0 ci �iII@mlilll1l ,,I iI oolmIUu!uu IIIIII 111 ll III p11' d V - lrn U 1 Io 11 I,P li O OI rn Z SI )Ill I I� II PII IIII I r i11 , ii, ni ,111l I I I I I I I I�n� � - 1 11111 � ii 11 \ !` 91 1111 1�ll I Iii,1 IIII I loll, IIIII VIIII II I IIIL. III IIII Nil II r1 _ <1 i' JL I L .1 1IIIi jl in I 1 III II I11 111IIIu1ry _---- 9®_1 111 11 �iIL 11 III _----J111 11111111 — II III 1 1 1 II II - It 1 It • II 11 II 1 _I_ 11 i II II FII Lr-I1M 5 - LO fl 6 0 n lD -3 D) Q x l\t j 3 a cr 1 c 3 11 3� Q 111111 9 1II 1 N 3 W 9_ I II I 1= i n li 1 II II 1=— _ y 11 -- 1 i�—_. =-=11 r 1 _ — 11 II _�ii 11 II 1 1I I �'� 11 _ Lends SL. ------ �1 -— IIS II II p 1 —' -- - II II fl - IjII II II ---- 1 I II 1I II _--_ IL _ -i 1 ' / 11 II 1 rilil l _=SII II` Ir— I 1111 1! l81 // 1 11 II 11 11 ..,p/iiiithe ,_ ii Li; L —_ 11 -J11 11 11 �1 �_� �_IL 1 _ I -1I -11 ;` 1 :111 J 1� 11 " II11 ha.I- ,� II -17��1 =�� -'� I�I 11 11 II � II I� r-�� _� -- ilf 1j1j ---- ��=1f 11 11 jl i- 1I1II 11 1 SIL �1 LI-�I �LAl I' it -II II II _II 1 11 11 11 IIII II 1II II -- 1, II II ryu 11 11 � IL ._, 5$ j$j __ I J II-1, __ IL_� 1 i __ _ 1 1 1 �II 1 III 1 1 I I �, 3;0 s .W$. 0 3Y IF v111--1,17____::),_ a1J�r_ �1 I ,III 11:11■I i T I i �� aft _�� Iry--IhI ------1----11 -- -- I I "I n'I'II I� III I 111111 III ISI I 1 III ;IIII IIIII 1 II 11111111 IIII SII 1 I I ■111 III III III SII , III y1'.pp�1III I1 1I 1 -- -- # 9$ 11 1L 3 IP !--�I 1--II ,1 I 1�J-_I.1 1, II I 11 11 i�Il'II 1 11111 I'II'11 11 111 IIII 1 11 III 11 III 1 1 1111 1I 11 1I 11 il i1 III II I llli !' �7f7171 I 1 1�II FEB -09-2005 10:01 BARBER DEVELOPMENT 1 479 756 9948 P.02/02 PROJECT DESIGN CONSULTANTS, INC. February 8, 2005 CITY OF FAYETTEVILLE ATTN: PARK PLANNING STAFF 113 W. MOUNTAIN FAYEIILVILLE, AR 72701 Dear Sir or Madam: We are developing approximately 1.68 acres along Gregg Road in Fayetteville, AR. We have decided to use the option of money in lieu of land for our required Parks contribution. Our required amount of money in lieu of land is: Multi Family 39 units x $393.00 = $12,987.00 We would like to schedule a meeting between your staff and our Civil Engineer, N. Art Scott, and our Landscape Architect, Amy Scott. Please contact them at 479-248-1161 to coordinate an onsite meeting, at your convenience. We would like to be on the agenda for the Parks and Recreation Board Meeting scheduled for March 7, 2005. Brandon Barber SBC Investments, LLC P.O. BOX 140 • FAYETTEVILLE, AR • 72701-0140 PHONE: 470-756-B999 DECEIVED 02-09-'05 10:03 FROM- 1 479 756 9948 TO- Geonatic Consultants P02702 TOTAL P.02 • I II' 111 UIi_ -=il I IL J� �I Jii aL: I II II - Li L= — 1111111III IIIIII' IIII VIII II III IIIIIIIIII 4 'lir bhi. I A7 II hh II II 11 ii hi IIII i h �I i n� uuuullulllll III VIII l IIII 1111111 111111; III 1 X111 III III 1 1111'111 11111 . �� i��lr III ",1IIllllil. IIII III Ill In .� r II71i �l _IIIII ��1--;1 (i IL II __II'� L_LJIHI, 'll 1 ' ,' 1 I 11111 LI II II II �p IP III, ; II I li 11 I II lMIL p1 MI III illr I 1 11..___1 l ii 9 I I IN IO €P SO V �, 1i I1i i�. 1_ I,d/1 1 I I :H1 a III , < $ R 3 4 D �1 III Iq1— ,I 11�� II r I__ jtf[htu1/1 �� (� IIIII I IIIIIIV1111I'J11 P 111111 11 'I 1111111 11 III I1 III III ��II lilt III IIII III II III ll�llll R 3 ® - r 1 I1:1,1,1I1 `I —J �] J 1 IIl'illi lliII II II u 1111 1 I l �I �I L 111 11'1 1 11111 I, i III 1 III 0 I III 1I III I U1I4 III�1111'Ii1111 �u i I II 1 n1! �I� II ulllullll l l�I� I villi° L/ Company C�tineerux� e7 Surveyinra. Melvin L. Milholland, PE, PLS Thomas M. Jefcoat, RLA, REM, CPESC REGISTRATIONS: PE: AR, MO PLS: AR RLA: AR February 9, 2005 Project No. E-744 FAYETTEVILLE 125 West Mountain Fayetteville, Arkansas 72701 ATTN: Alison Jumper, Parks and Recreation Department RE: Oakbrooke Subdivision Dear Alison: This correspondence is a request for money in -lieu of park land dedication for the above referenced project. You will find attached two copies of the current concept plat for staff review and presentation to the Parks Board. MCO is available to meet with Staff and schedule a site walkover if necessary. Please notify us of your desire. The subject property is located with limited frontage along Rupple Road, just East of Bridgeport Subdivision and north of the proposed Bellwood Subdivision. A vicinity map is shown on the attached plat. A digital copy of the site layout is also attached for your use. The project contains approximately 21.75 acres and is proposed for development with 78 lots on which single family homes are being planned for construction. Therefore, park fees would be based on 78 single family units at $555 each, totaling $43,290. If you have any questions or concerns with regard to this project, please do not hesitate to contact me. Sincerely, Milholland Company Christopher Suneson Assoc. Project Manger cc: file, Paradigm Development enclsoure: CD, two copies of current plat 205 West Center Street; Fayetteville, Arkansas 72101; Phone: (419) 443-4724; Fax: (479) 443-4707; E-mail: MCOengr@swbell.net .r4NM• a Er•Z0 P2ELL' ,dlllllllllllu� �Iglllllllllo� 9191 C _m3Ip LSI -�3�(D 0oS c = at FsLc - Q 9 r 6 -a r OW Q $ r N2 0 -I W 6 D O N >0 a 9 4 fal ------� - I I I I ... I 1 i I 11 _) _Ii 4— -1 n I I I1 - --\J I I I I- 1 / I- 1 i ENGINEERING, INC. City of Fayetteville February 8, 2005 Parks Board RE: Arapaho Drive Subdivision Dear Board Members, On behalf of my client, Dr. J.B. Hays, please consider this correspondence as an official request to pay money in lieu of land dedication to the City of Fayetteville Parks Department as it relates to a proposed RSF-4 Development. Dr. Hays is proposing an 18 lot residential subdivision , west of Hartford Drive and north of Arapaho Drive adjacent to Barrington Park Subdivision. The proximity to current City of Fayetteville owned land and the small size of the development are the two primary reasons for the money in lieu of request. At the current rate of $555 per lot the contribution to the parks fund would be $9,990. Thank you for your consideration in this matter. If you have any questions regarding this project please call me at 263-0556. Sincerely, 2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.H2EI Fax: 479.582.9254 -aa -- ciii if „roll a . ali, = 1 rit r I • e_ _ 1,11 ,1 kr-I_"I 71111 111) b.)r� i�� tili [>c_ HO: pr'k. \ I. il 11 Eli a44* - L,,, a H 11 11 iii e D It