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HomeMy WebLinkAbout2005-06-06 - 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 June 6, 2005 at 5:30 p.m. City Administration Building Room 219 113 West Mountain Street Fayetteville, AR Note: There will be a Public Meeting held on Monday, June 6, 2005 at 5:00, City Hall Room 210, prior to our PRAB Meeting at 5:30 This Public Meeting is held to review possible projects to apply for Arkansas Parks and Tourism Outdoor Recreation Grants Program for 2006. This Public Meeting is required in the grant application process. AGENDA 1. Approval of May 2, 2005 PRAB Meeting Minutes PRAB Motion: 2. Approval of May 31, 2005 Special PRAB Meeting Minutes PRAB Motion: 3. School Park Lease Agreement: Mike Hill and Connie Edmonston, Parks & Recreation Director Mike Hill and Connie Edmonston met with School Administration to discuss joint usage of land. Attached is the proposed agreement. The proposal includes to lease Asbell Elementary School and Holcomb Elementary School grounds as indicated on the attached maps, in exchange of the 200 acres leased to the School System at the Environmental Study Center. The proposal is for a 10 year lease with a one year cancellation notice. Also attached are the current agreements between the City and the Schools. Holcomb and Vandergriff School Gym Agreements were established through City Resolution No. 41-95 and 74-94 for 25 years ending in 2019 for Holcomb Gym and 2020 for Vandergriff Gym. The Environmental Study area is leased from June 20, 1995 until 2045 (50 years). These agreements will not change with the new School Park Lease Agreement. Upon approval of PRAB, this agreement will be forwarded to the School Board and to City Council for final approval. PRAB Motion: 4. Park Land Dedication: Development Name: Architect: Owner: Alison Jumper, Park Planner Wedington Townhomes Cooper Architects Cope Gracy, Aaron Stahl 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 he 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 orfurther study." (Unified Development Ordinance No. 166.03K) On the north side of Wedington Dr., west of Rupple Road NW 90 Single Family 9 2.16 acres $49,950 The future Bryce Davis park expansion and Red Oak Park are within a half mile service area. Money in lieu Money in lieu Justification: The existing parks within th mile service area of this development will serve the recreational needs of this development. Both Rupple and Wedington are shown on the FATT plan as on street linkages which will provide pedestrian access to the future Bryce Davis park expansion. PRAB Motion: 5. Park Land Dedication: Alison Jumper, Park Planner Development Name: Leverett Apartments Architect: Project Design Consultants, Inc. 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) SCB Investments, LLC On the west side of Leverett Ave., between Poplar and Ash streets. NW 34 Multi -family 1.68 acres .578 acres $13,362 When constructed, Scull Creek Trail will be located in close proximity to this development. Money in lieu Money in lieu Justification: Scull Creek Trail will provide a connection for residents of this development to existing parks including Wilson Park and Gordon Long Park. The university farm and Agri Park are located within 't/z miles from the proposed development. Additionally the park land requirement is not adequate for a neighborhood park. PRAB Motion: 6. Park Land Dedication: Alison Jumper, Park Planner Development Name: Zion Gardens Architect: Cooper Architects Owner: Clark, Carlton, Lamberth Location: Along the north side of Zion, West of Hwy, 265 Park District: NE Units: 78 Single Family, 16 Multi Family Total Acres: 13.2 +/- Land Dedication Requirement: 2.14 acres Money in Lieu Requirement: $49,578 Existing Parks: Lake Fayetteville is within a half mile service area. Developer's Request: Money in lieu Staff Recommendation: Money in lieu 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: This project is very close to Lake Fayetteville which will serve the recreational needs of its residents. In addition, Zion is identified on the Fayetteville Alternative Transportation and Trail master plan as an on street linkage PRAB Motion: 7. Park Land Dedication: Alison Jumper, Park Planner Development Name: Vu Tara Subdivision Architect: Paradigm Development Owner: Tracy Hoskins Location: East of Crossover (Hwy 265) between Hwy 16 and Hwy 45, just south of Lovers Lane. Park District: SE Units: 27 Single Family Total Acres: 15 +/- Land Dedication Requirement: .648 acres Money in Lieu Requirement: $14,985 Existing Parks: None Developer's Request: Money in lieu Staff Recommendation: Money in lieu 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 park land dedication requirement is not adequate for a neighborhood park. Additionally, there is no potential for future expansion. PRAB Motion: 8. Transfer or sale of property: Madison Street Natural Area/Hays Estates Matt Mihalevich, Park Planner Background: Dr. J.B. Hays is developing Hay Estates to the south of Madison Drive Natural Area. On April 4, 2005 PRAB agreed to the dedication of a street easement from Madison Drive south to Hays Estates. Since the meeting, Dr. Hays is interested in acquiring the land adjacent to the street easement for an entry feature to the subdivision. He has proposed to purchase the property or trade part of the property in exchange for providing park amenities to be located on the remaining park land south of Madison Drive. Staff Recommendation: Sell the 1.6 Acres of Madison Drive Natural Area south of Madison Drive. PRAB Motion: 9. Dog Park Discussion: Alison Jumper, Park Planner Parks and Recreation Staff held three public meetings in September 2004 to kick off the process for creating a dog park. The meetings were held to gather public input and to inform the public of the benefits of dog parks such as better behaved, well exercised dogs. Citizens were informed the dog park was not included in the current budget and will depend upon donations and volunteers to build the park. Once a site is selected, a citizen committee will be formed to solicit funding for the project. Ideas and concerns regarding dog park locations and amenities were expressed and noted. Potential park sites recommended by the citizens included Gulley, Wilson, Lake Fayetteville North Shore, Walker, Finger, and Combs parks, as well as Mud Creek Trail and Mt. Sequoyah Gardens. Staff distributed surveys to local veterinarians and pet stores to further the outreach for information. Survey participation was incredible with an approximate 52% return rate. After compiling the results from the surveys and meetings, staff evaluated existing parks for a potential dog park location. Only existing parks were considered in order to have the amenities of a parking lot and water. Staff researched the possibility of Washington County Fair Grounds as suggested in a public meeting; however, they were not interested in a joint usage of their facility. Possibilities were narrowed down to Gulley Park and Lake Fayetteville North Shore. A second round of meetings was held for neighbors of these sites. After further evaluation, a proposed dog park area was staked at Gulley Park for viewing. PRAB Motion: **NOTE: Park Staff and PRAB will travel to the following 2 sites to view in the City van. Please wear appropriate clothing to hike these sites. 10. Park Land Dedication: Alison Jumper, Park Planner Development Name: Scull Creek Apartments Architects: Cooper Architects Owner: AEB Investments, LLC Location: Along the west side of Scull Creek, north of Ash St Park District: NW Units: 15 Multi -Family Total Acres: 1.75 Land Dedication Requirement: .26 acres Money in Lieu Requirement: $5,895 Existing Parks: Gregory Developer's Request: Land Staff Recommendation: Money in lieu and donation of a 30' trail corridor on the west side of Scull Creek. Developer's Comments: Justification: Gregory Park is located within a half mile service area of this development. Additionally, the Scull Creek trail corridor as identified in the Fayetteville Alternative Transportation and Trail master plan runs through the southeast corner of this property. This trail corridor is a very high priority trail. PRAB Motion: 11. Park Land Dedication: Alison Jumper, Park Planner Development Name: Mountain Development Engineer: H2 Engineering Owner: Lamberth — Carlton Investments, LLC Location: East of Dead Horse Mountain Road and Combs Park, south of Goff Farm Road. Park District: SE Units: 257 Single Family Total Acres: 127 acres Land Dedication Requirement: 6.17 acres Money in Lieu Requirement: $142,632 Existing Parks: None Developer's Request: Land Staff Recommendation: Land Developer's Comments: Justification: Currently there are no neighborhood parks within a''/z mile radius of the proposed development. With 257 units, this major development creates a strong need for a neighborhood park. Additionally, this land would provide a unique recreational experience for its residents. PRAB Motion: 12. Other Business 13. Adjournment Information Item: On June 7, 2005, City Council is considering the following items: To formally recognize the following pieces of property for recreational use: 12.91 acres on Highway 45 East (Madison Drive Nature Area in the Barrington Subdivision); 2.46 acres on South Duncan (adjacent to the proposed park area) and lots 5 & 6 on Gregg and S. Duncan (Gregg Avenue Nature Area). The resolution also notes to "recognize a possible future may use of up to 2 acres for a future fire station" on the 12.91 acres off Highway 45 East. See attached documents. Attachments: PRAB May 2, 2005 Meeting Minutes Special PRAB May 31, 2005 Meeting Minutes CIP Update HMR Monthly Report School Joint Lease Agreement Information Development Maps and Letters Madison Drive Natural Area Map Dog Park Map Informational Item Park Land Dedication Ordinance Fund Monthly Report PARKS AND RECREATION ADVISORY BOARD Meeting Minutes May 2, 2005 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order at 5:30 p.m. on May 2, 2005 in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas by Mike Hill. Present: Parks and Recreation Advisory Board members Hill, Bailey, Langsner, Marley, Davidson, Mauritson, Pawlik-Holmes and Park Staff Hatfield, Edmonston, Jumper, Whillock and Audience. 1. Approval of April 4, 2005 regular meeting Minutes MOTION: Davidson moved to approve the Parks and Recreation Advisory Board April 4, 2005 meeting minutes. Mauritson seconded the motion. The motion was approved 6-0-0 with Mauritson, Bailey, Langsner, Marley, Davidson, and Hill voting 'yes' and Pawlik Holmes and Harrison absent for the vote. 2. Approval of Apri126 special meeting Minutes MOTION: Mauritson moved to approve the Parks and Recreation Advisory Board April 26, 2005 special meeting minutes. Davidson seconded the motion. The motion was approved 6-0-0 with Mauritson, Bailey, Langsner, Marley, Davidson, and Hill voting 'yes' and Pawlik Holmes and Harrison absent for the vote. 3. A & P Award: Connie Edmonston, Parks & Recreation Director Parks and Recreation was awarded $10,000 for Lights of the Ozarks, $5,000 for Fireworks and $2,000 for America in Bloom. April 4, 2005 / 1 4. Riverwalk Subdivision: Tom Jefcoat — Milholland Engineering *This item is on the agenda for informational purposes only and will be revisited during the June 6th PRAB meeting for a recommendation. Tom Jefcoat, Milholland Engineering, presented the proposal to request creating a walkway from the development across White River to Combs Park utilizing the existing rail bed and tressel supports that are still in place. Marley said that since the city has not capitalized on recreational areas on the White River that this may spur some development along those lines. Jefcoat stated that use of the river for boating and such could be potentially part of the plan. Davidson asked about the area directly south and since it appears on the map to be an open area what would be the plans for that land in association with the development. Jefcoat said that open area is a flood plain and may be used for detention. Mel Milholland talked about the stability of the rail bed. It is well stabilized since it has been in place for 100 years. The overall response was very positive and Edmonston voiced appreciation to the developers for coming forward early in the planning stages to present the prospective ideas to the Board. 5. Park Land Dedication: Alison Jumper, Park Planner Development Name: Lynwood Estates Engineer: H2 Engineering Owner: Jerry and Lynn Rogers -Jones Location: Along Hwy. 265 on the east side, just north of Township Park District: NE Units: 5 Single Family Total Acres: 4.77 Land Dedication Requirement: .12 acres Money in Lieu Requirement: $2,775 Existing Parks: Braden park and Gulley park are within a half mile service area. Developer's Request: Money in lieu Staff Recommendation: Money in lieu 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 April 4, 2005 / 2 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 existing parks within 1/2 mile service area of this development will serve the recreational needs of this development. The land requirement for this development does not provide for an adequate neighborhood park. PRAB Motion: Maruitson moved to accept staff recommendation of money in lieu. Marley seconded the motion. The motion was approved 7-0-0 with Hill, Mauritson, Bailey, Langsner, Davidson, Pawlik-Holmes and Marley voting 'yes' and Harrison absent for the vote. 6. Park Land Dedication: Alison Jumper, Development Name: Engineer: Owner: Location: Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Developer's Request: Staff Recommendation: Park Planner Paradise Point Crafton, Tull & Associates, Inc. KEE, LLC West side of Hwy 265, just South of Joyce Blvd. NE 13 Multi Family 1.5 acres .221 acres $5,109 Sweetbriar park is within a half mile service area. Money in lieu Money in lieu 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: Sweetbriar Park is located within 1/2 mile service area of this development and will serve the recreational needs of this development. Additionally, the land requirement for this development does not provide for an adequate neighborhood park. April 4, 2005 / 3 PRAB Motion: Mauritson moved to accept staff recommendation of money in lieu. Pawlik-Holmes seconded the motion. The motion was approved 7-0-0 with Hill, Bailey, Langsner, Marley, Davidson, Maruitson and Pawlik-Holmes voting 'yes' and Harrison absent for the vote. 7. 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: 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) Westside Condominiums Rob Sharp Architect. Inc. West Side Development Company, LLC East of Rupple Rd. and South of Wedington, just north of the Boys and Girls Club. SW 238 Multi Family and 128 Single Family 21.65 acres 7.118 acres $164,574 Dale Clark Park Money in lieu Money in lieu ** This recommendation would require a waiver of the Park Land Ordinance to the City Council due to the project including over 100 units. Justification: Dale Clark Park is located directly south of the proposed development. The developer is including two small parks within the project to be maintained by the Westside Property Owners Association. Also, there are future plans for a large development named Mountain Ranch to be located just south of the Boys and Girls Club. As a part of this proposed development the owner would like to work with park staff to provide a sizable park. April 4, 2005 / 4 Steve Hatfield, Parks Landscape Architect, said work is being done with surrounding area developers toward a possible community park. Rob Sharp representing West Side Development, L.L.C., said the development will also be served by existing open green spaces. Bailey asked how many acres is being proposed for the park in Mountain Ranch that will be included in the potential community park. Jumper said the exact amount has not yet been established. Bailey voiced concern that not knowing how much land was being proposed in Mt. Ranch causes a question of having enough open area for so many proposed homes. Hatfield said there is opportunity on two large tracts to the south and to the west where the developers are agreeable to working with Parks on a community sized park. Also, Dale Clark Park is directly adjacent as well as the Boys and Girls Club. The proposed community park will be more than 20 acres. He said the developers are agreeable to give all park land on those two developments. Rob Sharp, representing West Side Development, L.L.C., offered that the development is directly adjacent to the Boys and Girls Club facility and grounds. The developer is planning a more affordable housing product that is less than what is now being provided so it is filling an unmet need. The multi family sections will have the appearance and feel of single family housing rather than the identical buildings with parking all around like apartment complexes. The streets themselves will be like long linear park areas creating green space with medians and grassy areas. Bailey asked about the width and size of the planned streets. Sharp said work is being done with City services to size the streets to be adequate for the needs of the sanitation department and fire department. On street parking will serve to slow traffic as well. Hill stated that though this plan is hanging on the development of the future areas surrounding the proposed development he suggests going forward. The significant money in Lieu allows the possibility to provide in the future for needed park area. Edmonston stated that the new school going in on Rupple will also provide playground and open space for the area children and families. Hatfield answered Pawlik-Holmes question about Parks involvement in the two April 4, 2005 / 5 small neighborhood parks by stating that Parks will not be involved. PRAB Motion: Mauritson moved to accept staff recommendation of money in lieu. Davidson seconded the motion. The motion was approved 7-0-0 with Hill, Bailey, Langsner, Marley, Davidson, Mauritson and Pawlik-Holmes voting 'yes', and Harrison absent for the vote. 8. Braden Park Update: Picnic Table & Grill— Alison Jumper, Park Planner Staff is making final revisions to the bid package. PRAB originally approved the purchase of three picnic tables and one grill for Braden Park. Due to increased costs for labor and materials, staff is requesting to install only two picnic tables in the park and utilize the third table and grill in a different park within the NE quadrant. Davidson inquired if the neighborhood residents have approved the change. Edmonston stated that the park had been voted on and approved a year ago. After it was decided to get Arkansas Parks and Recreation tourism funding it was decided not to include the 3rd table and the grill until the park is built and there are public meetings. The table and grill was approved for Braden but will be installed in another park in the NE quadrant. The Board's approval is needed to move those amenities to another park in the same district. She said the equipment had been purchased previously. Davidson asked it the reason for not installing in Braden is associated with the cost of installation of the equipment. Edmonston confirmed that is the case. Hatfield said installation costs as well as accessibility to the equipment by park users resulted in the decision to make the change at Braden. During neighborhood meetings the residents liked the plan showing only two tables. PRAB Motion: Mauritson moved to accept staff recommendation to put two picnic tables in Braden Park and use the third table and the grill at a site to be decided at a later date. Bailey seconded the motion. The motion was approved 7-0-0 with Hill, Bailey, Langsner, Marley, Davidson, Mauritson and Pawlik-Holmes voting `yes', and Harrison absent for the vote. April 4, 2005 / 6 9. Park Land Dedication: Alison Jumper, Park Planner Development Name: Wellspring Engineer: Critical Path Construction Owner: Barber Group Location: East of Rupple Road, north of Wedington Dr. Park District: NW Units: 111 Single Family, 962 Multi family Total Acres: 114 acres Land Dedication Requirement: 19 acres Money in Lieu Requirement: $439,671 Existing Parks: Bryce Davis Park is within a half mile service area. Developer's Request: Land Staff Recommendation: Land Developer's Comments: Justification: Bryce Davis Park in located adjacent to the proposed development's east property line. This creates opportunity for the expansion of the park. Additional land is appropriate considering the number of residences being added to the area. Bryce Davis park is currently 9.2 acres. If land is accepted, the park would be expanded to 28.2 acres. Though a tour of this property had been scheduled it was decided to continue at City Hall with discussion and presentations due to the familiarity of the Board with the location. John Nock, representing Westside Development L.L.0 and the proposed Wellspring development, presented the proposed plan to maintain the topography of the area as well as the established flora consisting of mature trees. He said the community would be directed to retirement living and would create areas for public use in conjunction with a neighborhood park that will be managed by the POA. The total open area including public park, community maintained park and tree preservation area will amount to about 50 acres of green space. PRAB Motion: Langsner moved to accept staff recommendation to accept 19 acres of land which will be adjacent to Bryce Davis Park. Mauritson seconded the motion. April 4, 2005 / 7 The motion was approved 7-0-0 with Hill, Bailey, Langsner, Marley, Davidson, Mauritson and Pawlik-Holmes voting `yes', and Harrison absent for the vote. Hill adjourned the meeting at 6:15 P.M. with plans to reconvene on site of the tour. Park Staff and PRAB traveled by city van to the following site to view property. At the property the Board session reconvened on site. 10. Park Land Dedication: Alison Jumper, Park Planner Development Name: Adams Apartments Engineer: Crafton, Tull & Associates, Inc. Owner: Chris Adams Location: South of Huntsville Rd. between Huntsville Rd. and Fairlane St., west of Happy Hollow. Park District: SE Units: 124 Multi Family Total Acres: 5.96 acres Land Dedication Requirement: 2.108 acres Money in Lieu Requirement: $48,732 Existing Parks: No parks exist within a half mile radius service area. Developer's Request: 1.2 Acre Park and $20,997.50 in fees Staff Recommendation: Developer's Comments: 1.4 Acre Park (Include area labeled detention as park land, with detention off of park property) and $16,372.50 in fees ** This recommendation would require a waiver of the Park Land Ordinance to the City Council due to the project including over 100 units. Justification: Currently there are no neighborhood parks within a 1/2 mile radius of the proposed development. With 124 units, this major development creates a strong need for a neighborhood park. In addition, there are many residents in this area which could be served by this park. Staff is in the process of contacting adjacent property owners with undeveloped land to the east and north of the proposed park land to inquire about the possibility of acquiring a portion of their land for future park expansion. T There is $6,800.0 in Park Land Dedication Fund in the SE Park District to potentially purchase some of the surrounding acres. April 4, 2005 / 8 Hatfield said the developer is looking at alternative ways to direct detention off park property. There is an opportunity to obtain more land adjacent to the park acreage. Staff is visiting with adjacent property owners. Hill stated that there are a lot of neighbors currently in this area that can give input and feedback immediately. Langsner said that the people who currently own homes will have a larger stake in the development of the park. Hill suggested not waiting until project is finished to start the process of acquiring surrounding land and that the process should be started soon. PRAB Motion: Marley moved to accept Staff recommendation to accept 1.4 acres and $16,372.50 in fees. Langsner seconded the motion. The motion was approved 6-0-0 with Hill, Bailey, Langsner, Marley, Mauritson and Pawlik-Holmes voting `yes', and Davidson and Harrison absent for the vote. 11. Dog Park Discussion: Alison Jumper, Park Planner Board requested to host a public forum at the June PRAB meeting to select the Dog Park site. Adjournment Meeting was adjourned at 7:00 p.m. Minutes submitted by: Cheryl Whillock and Connie Edmonston April 4, 2005 / 9 PARKS AND RECREATION ADVISORY BOARD Special Meeting Minutes May 31, 2005 Opening: The special meeting of the Parks and Recreation Advisory Board was called to order at 5:35 P.M. on May 31, 2005 at the Highway 112 Drive In Theater across from the Park West development. Present: Parks and Recreation Advisory Board members Hill, Bailey, Harrison Mauritson, and Pawlik-Holmes; City staff Mihalevich, Edmonston, Coles, Whillock; Millholland (Milholland Engrs), Jefcoat (MCO), Hoskins (Paradigm Development); and D. McAlister and Mrs. Benedict from the surrounding property. 1. 1. Park Land Dedication: Matt Mihalevich, Park Planner Development Name: Laureate Fields Engineer: Milholland Company Owner: Paradigm Development Location: West and South of Hwy 112, east of Dean Solomon Road. NW Park West — Undetermined Laureate Fields - 211 Single Family Units Park West — 120 Acres Laureate Fields — 72.5 Acres Park West - Undetermined Laureate Fields - 5.064 Acres Park West - Undetermined Laureate Fields - $117,105 None within 1/2 mile Park land to be transferred from Laureate Fields to the proposed Park West development. Park land within Park West, exact location and size of park land to be determined. Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement: Existing Parks: Developer's Request: Staff Recommendation: Developer's Comments: Justification: On August 10, 2004, PRAB recommended accepting a combination of park land and money in lieu for Laureate Fields Subdivision. Since then, the subdivision has undergone revisions that increased the number of lots. The change is considered substantial and is required to come back before PRAB. April 26, 2005 / 1 Hill explained that the plan is to combine both parcels from Laureate Fields and Park West into one park to fill the park land requirements for both developments. Bailey asked what the total number of acres would be after the two pieces are combined. Jefcoat stated that total amount will be 12.7 acres. Hoskins said to remember the roads and trails are still conceptual but the Fayetteville trail system will run across the south side of the property. Coles interjected that the City already holds that trail easement. Mauritson, representing Mrs. Benedict who owns Bio -tech Pharmaceutical, stated that her desire would be for the developers to consider a buffer zone around her property which is located on the north side of the development. Bailey said he sees no problem with the transfer provided in the end there is enough acreage to have a park. Hill clarified that the purpose of the special meeting was to vote on the transfer of the property from Laureate Fields Mauritson requested some clarification of the transfer process. Hoskins explained that this is to allow a combining of the trails and parkland to provide or a larger park instead of multiple smaller ones. He also stated that there is some interest in including some tree preservation areas. He also stated that at some point as the process continues they may begin offering money -in -lieu rather than giving up more actual acreage. He said they are hoping to have the tree preservation ordinance revisited and see if there's a way to combine the park ordinance and tree preservation ordinance so as not to 'kill' the developer. Mauritson stated the tree preservation ordinance is a separate issue from park land and tree preservation areas cannot be parkland due to diverse requirements for the land use. Hill asked that in consideration of time to have a motion made. PRAB Motion: Pawlik-Holmes moved to accept staff recommendation to transfer five plus acres from Laureate Fields to the proposed Park West development park land which is a size and location yet to be determined. April 26, 2005 / 2 The motion was seconded by Mauritson. The motion was approved 5-0-0 with Hill, Bailey, Harrison, Mauritson and Pawlik-Holmes voting 'yes' and Langsner, Davidson and Marley absent for the vote. Adjournment Meeting was adjourned at 5:55 P.M. Minutes submitted by: Cheryl Whitlock April 26, 2005 / 3 r °"7) f.. cis JOINT LEASE AGREEMENT This Agreement, made and entered by and between the City of Fayetteville, Arkansas, a municipal corporation, hereafter called "the City," and the Fayetteville School District, hereafter called "the District," Witnesseth: 1. For and in consideration of the covenants and agreements herein entered into and agreed upon by the City as obligations to the District, the District lets, leases and demises unto the City, subject to the terms and conditions contained herein, the following described properties situated in Washington, County, Arkansas: The school playgrounds at Asbell and Holcomb Elementary Schools. 2. For and in consideration of the covenants and agreements herein entered into and agreed upon by the District as obligations to the City, the City lets, leases and demises unto the District, subject to the terms and conditions set forth under a separate Agreement, the following described property situated in Washington, County, Arkansas: 200 -acres at Lake Fayetteville Park for the Environmental Study Center, provided that nothing contained herein shall in any way affect the rights and obligations established by said separate Agreement. 3. The term of this Joint Lease shall begin on , 2005 and end on , 2015, unless sooner terminated by twelve (12) months written notice by any of the parties hereto. 4. The City agrees to perform the following: a. Asbell Elementary School > Mow the soccer fields; > Be responsible for the irrigation system, fertilizing, seeding, and horticulture practices necessary to ensure the best quality of turf possible on the soccer fields; and, > Maintain soccer goals, water fountains, east parking lots, pickup trash, line soccer fields, and schedule use of soccer fields. b. Holcomb Elementary School > Pickup trash and mow area; and, > Schedule softball fields. DRA?I 5. The District agrees to allow the City to use the softball field, restrooms and/ or batting facility at Asbell Elementary School for tournaments, soccer, softball, or sport clinics at no charge depending upon availability of the facility through a separate Usage agreement. In such instances, the City's Staff will prep the fields. 6. The District shall allow the use of portable restrooms at Asbell Elementary School for fall and spring soccer and special events/tournaments as needed. 7. Facility expansions and all site alterations must have prior written approval by the District and meet all City standards/procedures for such. Any permanent structure shall become a permanent fixture to the land, and become the property of the District at the end of the lease term, unless otherwise agreed to in writing prior to construction of the structure. 8. Each party agrees to indemnify and hold the other and its officers, officials, employees, and agents harmless from any and all liability, including attorney's fees, for claims, expenses, loss or damage to persons or property resulting from their negligent acts, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City or the District under the Constitution and Statutes of the State of Arkansas. 9. The parties hereby agree that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, they will peaceably deliver possession of the leased premises to the other, including all permanent fixtures, without demand. 10. The parties agree not to violate any law, ordinance, rule or regulation of any government authority having jurisdiction over the premises. 11. It is agreed that the failure of either party to invoke any of the available remedies under this agreement or under law in the event of one or more breaches or defaults by the other under the agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the party from invoking such remedies in the event of any future breach or default. 12. Each paragraph of this agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 13. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. DR AFT 14. The parties agree and understand that this Joint Lease Agreement is complementary and supplemental to the School Gymnasium Agreement, the fifty-year term of the Environmental Study Center Ordinance, and other leases and agreements already in force between the parties, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. 15. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands this day of May, 2005. City of Fayetteville, Arkansas Fayetteville School District By: By: Dan Coody, Mayor ATTEST: ATTEST: By: By. Sondra Smith, City Clerk State of Arkansas SS. County of Washington ACKNOWLEDGMENT On this the day of May 2005, before me, a Notary Public, duly commissioned and acting in and for the State and County aforesaid, personally appeared DAN COODY and SONDRA SMITH, to me well known, who stated that they were the Mayor and Clerk, respectively of the City of Fayetteville, Arkansas, and have been authorized by lawful resolution of the Fayetteville City Council to execute contracts on behalf of the City of Fayetteville, Arkansas, and that they acknowledged that they had executed the foregoing instrument for the consideration, uses and purposes therein contained. In witness whereof I hereunto set my hand and official seal. My commission expires: Notary Public - 3 - Asbell Elementary School Park August 29, 2004 Scale: NTS Holcomb Elementary School Park August 29, 2004 Scale: 1" = 200' ORDINANCE NO. 3898 MICROFILMED AN ORDINANCE RESERVING AND MAINTAINING THE EASTERN PORTION OF LAKE FAYETTEVILLE IN ITS NATURAL. STATE, AND PRESERVING AND ALLOWING CERTAIN CURRENTLY INSTALLED STRUCTURES TO REMAIN ON THE PROPERTY FOR NATURE STUDY PURPOSES. WHEREAS, it is the expressed intent of the Fayetteville City Council to maintain Lake Fayetteville and the surrounding city property as a public use area; and, WHEREAS, it is the desire of the people of Fayetteville to reserve and maintain the eastern portion of the lake property as a nature study area; and, WHEREAS, the Arkansas Natural Heritage Commission has placed the study center on its Registry of Natural Areas; and, WHEREAS, The Fayetteville and Springdale school districts have constructed a nature study center on the eastern portion of the lake property and have committed to a sustaining investment in facilities and faculty; and, WHEREAS, the Nature Study Center provides an opportunity to increase the educational program for students for environmental concerns and increases the environmental awareness of the general public. NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the eastern portion of the Lake Fayetteville property, shown in Exhibit "A" and made a part hereof, is reserved and is to be maintained in its natural state. Section 2. Be it further ordained that any structures or other improvements currently installed by the school districts on this property will be preserved and allowed to remain on the property for nature study purposes for a period of at least fifty years from the date of enactment of this ordinance. PASSED AND APPROVED this aoMM day of June , 1995. Traci Paul, City Clerk APPROV By: Fred Hanna, Mayor .,x 0: • ti /. • 31°. VV ^ •.. . f`n•• .... .\, . Gov't RESOLUTION NO. 41-95 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND THE FAYETTEVILLE SCHOOL DISTRICT NO. 1 TO JOINTLY CONSTRUCT A SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT $100,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized to execute the Interlocal Cooperation Agreement between the City and the Fayetteville School District No. 1 to jointly construct a school gymnasium/neighborhood community center. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $100,000.00 increasing Building Costs, Acct. No. 1010 6600 5804 00 by decreasing Use of Fund Balance, Acct. No. 1010 0001 4999 99. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 7th day of March 1995. Traci Paul, City Clerk APPROVED: red Hanna, Mayor EXHIBIT A INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE SCHOOL DISTRICT NO. 1 This AGREEMENT is made between the City of Fayetteville, Arkansas (City), a political subdivision of the State of Arkansas, and Fayetteville School District No. 1 (School District), a public agency as defined in A.C.A.§25-20-103, under the authority of Act 430 of 1967, codified at A.C.A.§25-20-102 et seq. (Repl. 1992) and known as the "Interlocal Cooperation Act", on the J/A day of Mart jj , 1995. WITNESSETH: WHEREAS, representatives of the City and the School District have met together to explore the possibility of a joint venture for the construction of a school gymnasium/neighborhood community center; and, WHEREAS, representatives of the City and the School District have recommended that a school gymnasium/neighborhood community center which will be constructed, owned and operated jointly by the City and the School District will best serve the needs of the youth of Fayetteville. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES of the parties contained herein and other good and valuable consideration the parties agree as follows: ARTICLE I CREATION OF JOINT BOARD TO CONSTRUCT AND MANAGE THE SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. There shall be created a Joint Board consisting of one member each of the governing body of the City and School District whose purpose shall be the responsibility for administering the joint undertaking of the construction, management, operation and maintenance of a school gymnasium/neighborhood community center. The Joint Board may appoint an administrator or administrators to act as their agent. ARTICLE II CONSTRUCTION OF SCHOOL GYMNASIUM/NEIGHBORHOOD COMMUNITY CENTER. The school gymnasium/neighborhood community center constructed pursuant to this AGREEMENT shall be built on land owned by the School District. The location is as follows: Property Description The school gymnasium/neighborhood community center shall be constructed in accordance with the design, plans, and specifications approved by the Joint Board, with the Joint Board acting as general contractor and supervisor for the project. 2 The parties shall seek to explore any and all possible contributions of labor and materials to the project in an effort to minimize project costs and increase the quality of the project to the community. Any contract necessary to be entered into to carry out this project shall be approved by the City Council and School Board upon recommendation of the Joint Board. ARTICLE III FINANCING AGREEMENT The City will contribute $100,000.00 for the school gymnasium/neighborhood community center. The School District will contribute $200,000 for the school gymnasium/neighborhood community renter. Either party may contribute additional sums during the term of this agreement for any additions to the project approved by the Joint Board. There shall be no obligation on the part of either the City Council or the School Board to provide additional funds in the event the sums contributed are inadequate to fund either construction or operation of the school gymnasium/neighborhood community center. ARTICLE IV USE AND MAINTENANCE OF FACILITY. Normal maintenance of the facility will be the joint responsibility of the City and the School Board in a cooperative manner approved by the Joint Board. 3 The Joint Board shall provide for the orderly use of the facility with the School District having priority use of the facility during normal school hours and events, the City next having priority for scheduling of planned events, and with neighborhood organizations encouraged to participate in the scheduling and utilization of the facility. ARTICLE V DURATION. The duration of this AGREEMENT shall be twenty-five (25) years. At that time, the School District may purchase the City's proportionate interest in the school gymnasium/neighborhood community center building less improvements made to said building from funding sources other than the City and less depreciation, if any. Should aforementioned the School District proportioned interest elect not to purchase the of the City the parties extend the duration of this agreement. may ARTICLE VI DISSOLUTION. In the event of termination of this AGREEMENT for any reason, prior to the duration of this agreement the School District may purchase the City's interest in this agreement in the manner set forth in Article V. Duration above and the City shall thereupon convey all of its rights, title, and interest in the real estate, if any, and improvements which are the subject of this agreement. 4 n Should the School District elect not to purchase such interest of the City, the net assets shall be sold and distributed proportionately to the City and School District or their respective assigns consistent with proportionate interests set forth in Article V. Duration above. ARTICLE VII AMENDMENT.. This AGREEMENT may be amended by the approving vote of the City Council and Schcol Board. ARTICLE VIII BINDING AGREEMENT. This AGREEMENT shall be binding upon the parties hereto, their successors, and assigns. ATTEST: 4,th Traci Paul, City Clerk ATTEST: David Wilso Secretary CITY OF FAAYETTEVILLE, ARKANSAS By: Hanna, Mayor FAYETTEVILLE SCHOOL ISTI4CT NO. 1 By: enig,