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HomeMy WebLinkAbout2014-08-04 - Agendas - FinalCITY OF ¶v!1e Y ARKANSAS Parks and Recreation Advisory Board Meeting August 4, 2014 at 5:30 p.m. City Administration Building Room 219 113 West Mountain Street Fayetteville, AR AGENDA Members: Phillip Watson — Chair, John M. Paul -Vice Chair, Wade Colwell, Richie Lamb, Terry Lawson, Chuck Maxwell, Phillip McKnight, David Priest, David Proffitt City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; Alison Jumper, Park Planning Superintendent; Alan Spann, Recreation Superintendent; Melanie Thomas, Senior Secretary 1. Call to Order 2. Roll Call 3. Approval of July 7, 2014 PRAB Meeting Minutes PRAB Motion: 4. Eagle Scout Project Proposal, Lake Wilson: Logan Schwartz In coordination with Park staff, Logan Schwartz will present a proposal to improve drainage at the Lake Wilson pavilion and repair and upgrade a bench and trash receptacle. Staff Recommendation: To approve the proposed Eagle Scout project at Lake Wilson. PRAB Motion: 5. Eagle Scout Project Proposal, Lake Fayetteville Northshore Disc Golf Course: John Wolf In coordination with Park Staff, John Wolf will present a proposal to build a walk bridge and new steps at the Lake Fayetteville Northshore Disc Golf Course. Staff Recommendation: To approve the proposed Eagle Scout project at Lake Fayetteville. PRAB Motion: Mailing Address: 113 W. Mountain Street Fayetteville, .AR 72701 www.fayetteville-ar.gov 6. Botanical Garden of the Ozarks Master Plan and Lease: BGSO Representative and Park Staff Staff Recommendation: To approve the proposed Master Plan and Lease PRAB Motion: 7. 2015-2019 Capital Improvement Plan: Connie Edmonston, Parks and Recreation Director Staff Recommendation: To approve the proposed 2015-2019 CIP, unless an offer for purchase of land adjacent to Gulley Park is accepted. PRAB Motion: 8. Announcements Aug 1 Aug 1 Aug 4 Aug 5 Aug 7 Aug 10 Aug 11-14 Aug 16 Aug 17 Aug 18 Aug 18-21 Aug 22 Aug 23 9. Adjourn Adult Flag Football registration begins Dive -In Movie - "Cloudy with a Chance of Meatballs" Adult Fall Kickball registration begins City Council —Approval of Arkansas Parks and Tourism Outdoor Recreation Grant Request Approval of Hay Lease Approval of Capital Improvement Plan Gulley Park Concert — Ben Miller Band Adult Fall Softball registration ends Adult Summer Softball Tournament Tyson Foods Annual Softball Tournament Last day open for Wilson Pool Adult Fall Softball games begin Summer Adult Kickball tournament Youth Fall Soccer Kickoff Celebration Youth Fall Soccer practices begin Attachments 1. July 7, 2014 PRAB Meeting Minutes 2. BGSO Master Plan and Lease 3. 2015-2019 Capital Improvement Plan 4. HMR Report 2 CITY OF a Y evi le ARKANSAS Parks and Recreation Advisory Board July 7, 2014 at 5:30 p.m. City Administration Building, Room 111 113 West Mountain Street Fayetteville, AR 72701 MINUTES Members: Phillip Watson—Chair, John M. Paul- Vice -Chair, Wade Colwell, Richie Lamb, Terry Lawson, Chuck Maxwell, Phillip McKnight, David Priest, David Proffitt City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; Alison Jumper, Parks Planning Superintendent; Alan Spann, Recreation Superintendent; Melanie Thomas, Senior Secretary 1. Call to Order Watson called the meeting to order at 5:35 pm. 2. Roll Call Parks and Recreation Advisory Board members present were Watson, Colwell, Lamb, Lawson, Maxwell, McKnight, and Priest. Paul arrived later. Proffitt was absent. 3. Approval of June 2, 2014 PRAB Meeting Minutes PRAB Motion: McKnight motioned to approve the minutes as written, and Maxwell seconded. Motion passed 7-0-0 by voice vote. 4. Lake Fayetteville Bird Blind: Kelly Mulhollan This proposal includes constructing a bird blind at Lake Fayetteville near the east end of the lake. Construction would be accomplished with volunteers and would be coordinated through park staff. Staff Recommendation: Approval of the bird blind with construction coordination through park staff. Mulhollan said that he was on the "blind" committee. This committee wants to create a bird blind on Lake Fayetteville, and name it in honor of his father, Paige Mulhollan, who was a very avid bird watcher as well as a former director of the Botanical Gardens. He said bird watching is best done from the south, but there are no locations on the south side of Lake Fayetteville where a person can closely observe birds. He said during bad weather conditions, waterfowl like to congregate in the southern cove at Lake Fayetteville, across from the BGO. The site chosen for this blind takes advantage of the open water and the southern cove. No trees will be cut down. He said this blind would be very educational for everyone, especially kids. A design has been developed. The Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov funding plan is vague, but $5,000 to $6,000 has been promised. The NWA Audubon Society said they will take care of the maintenance involved with the upkeep of the blind. They will also handle the finances. Volunteer labor will be used, but a foreman will be hired. Mulhollan said he is asking permission to build the blind and name it. Construction should begin in November. Watson asked if the final borders at the Botanical Garden have been approved. Edmonston said no, not yet. Watson then asked if this area was part of the Botanical Garden. Edmonston said it is a part of Lake Fayetteville Park. Watson asked Mulhollan if he had talked to the Botanical Gardens about the fields trips to the blind. Mulhollan said yes, and they are very excited. David Chapman, a bird expert and PRAB guest, said that this blind would be unique to NWA. He said everyone could benefit. Maxwell said he had talked to Do!lie, the boat dock operator, about the blind. He's concerned about how the blind will affect the boat dock. Chapman said that the place chosen for the blind is a good spot, because it's looking north. Edmonston said she hoped it was so successful that another blind would be needed. Chapman said the Audubon Society will definitely keep the shoreline trash picked up. Priest asked if there was security for the structure. Mulhollan said no, because there's no door. Colwell asked who would do scheduling, such as a wedding. Edmonston said Parks would. She said a special event form would have to be filled out for approval. Colwell asked if people could use electrical appliances there. Mulhollan said no, because there is no electricity. McKnight said signage stating that would be helpful. Lamb commented that there is more than one reason that birds use that spot. He said that people would disturb them. Mulhollan said there are subtle things you can put in bird blinds to give it more coverage, and from the water, it is not discernible. 2 Edmonston asked how many people would fit in the blind. Mulhollan said around eight people. Maxwell said the BGO can have hundreds of people, but the structure will only hold a few. McKnight said he felt the blind would be a huge asset. Priest asked about the ongoing maintenance. Mulhollan said the NWA Audubon Society has already approved doing the maintenance. Lawson asked how far the blind would be from the water. Mulhollan said about a couple of feet. He said it will be a pole structure and pressure treated wood. There will be benches inside. The floor will be plastic. The windows will be at different heights to accommodate both children and adults. It would have a metal roof. Edmonston asked if a metal roof would be noisy. Chapman said that the birds would get used to it. Mulhollan said they will go back to the drawing board. He said it would be smart to put wood under the metal roof so it would be quieter. Colwell said it's a wonderful idea. Paul asked what would happen if the blind didn't work. Edmonston said all problems would be documented, and then a decision would be made. Mulhollan said that if it didn't work, it would be removed. Maxwell asked what the requirement would be for building in the wetland. Edmonston said they would have to get a building permit. Chapman said that this spot doesn't flood, He said he's been there many times. PRAB Motion 1: McKnight motioned to approve the bird blind if the Botanical Garden has no problem with it, and the Audubon Society provides, in writing, the assurance that they will take care of all the maintenance. Lamb seconded it. Motion passed 8-0-0 by voice vote. PRAB Motion 2: McKnight motioned to begin the naming process for the bird blind, and Colwell seconded it. Motion passed 8-0-0 by voice vote. 3 5. Marion Orton Recycling Center Sculpture- Brian Pugh Informational Item Only Jumper said that the RFP process has begun to purchase an art sculpture to place on the south side of the Marion Orton Recycling Center. She said it would be a tree with a steel trunk and recycled aluminum cans covering it. She said the tree would reflect recycling. Lamb asked which part of the tree would turn. Jumper said it would be the top, and it would be wind driven. 6. Arkansas Parks and Tourism Outdoor Grant Application: Alison Jumper, Park Planning Superintendent Staff Recommendation will be presented at the meeting. Jumper said that Parks has applied for a 50/50 Arkansas Parks and Tourism Outdoor Grant. The required public meetings were held, and the requests from the public were taken. She said the funds must be in place in order to apply for this grant. Staff is recommending putting the grant toward Regional Park for a large pavilion. Watson asked how much the grant is for. Jumper said $250,000, and the match will total it to $500,000. Priest wanted to know if the money had been budgeted. Jumper said yes. Maxwell said that it makes sense to put it toward Regional Park. Paul asked how much was in the budget. Jumper said it was around $500,000. Maxwell said the budget is for $500,000, but the costs will probably be higher. Edmonston said the grant will only go toward the pavilion. Maxwell asked if the funding was in place for the fourth ball field. Jumper said no, not yet. Priest said that Parks needs input for the HMR impact for the ball field. A guest said that $500,000 is a lot of money. He questioned if it should be spent on a pavilion, or on other recreational activities. Jumper said there were other avenues for other grants for projects. 4 The guest said it seemed like a lot of money for a pavilion. Edmonston said that it really wasn't a lot for one. Priest wanted to know if it was likely that Parks would receive the grant. Edmonston said yes, because the pavilion would be versatile. She said it could be rented out for income. She added that pavilion use in Fayetteville Parks is high. PRAB Motion: Priest motioned to approve the application for the grant, and McKnight seconded it. Motion passed 8-0-0 by voice vote. 7. Trail Art Master Plan: Alison Jumper, Park Planning Superintendent Staff Recommendation: To approve the Trail Art Master Plan as presented. Jumper said that a few months ago, there were several requests for trail art. She said she's worked with a local group, and they put together a master plan for the art. The master plan has deadlines and dates, and gives a framework for proposals to bring before PRAB. Watson asked if the City Attorney was involved in the process. Edmonston said no, but it went through the Active Transportation Committee. Priest asked if it had to go through City Council. Jumper said yes, if it's over $500,000. Paul asked who created the master plan map. Jumper said Mihalevich, and it's actually a City master plan map. Edmonston said that getting the process out there will generate interest. Lamb said it seems similar to the Marion Orton process. Maxwell said it looks very detailed and outlined, but maybe not to artists. He said it seems to be a lot of hoops for them to jump through. Paul said that the requirements were clearly defined. Watson commented that if artists were serious about an art project, they would have to jump through the hoops. PRAB Motion: Colwell motioned to approve the Trail Art Master Plan, and McKnight seconded it. Motion passed 8-0-0 by voice vote. 5 8. Park Land Dedication: Alison Jumper, Park Planning Superintendent Development Name: Engineer: Owner: Location: Park Quadrant Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement Existing Parks: Developer's Request: Staff Recommendation: Estimated Annual Maintenance: Justification: The Coves Phase!! Crafton Tull Rausch Coleman Homes North of MLK, Jr. Boulevard and Alberta Street, west of 1-49 SW 38 single family 10.22 acres 0.87 acres $34,960 Holland Park is located within a one mile radius. Credit for construction of Holland Park Credit for construction of Holland Park N/A On December 1, 2008 PRAB reviewed Phase 1 of the project and recommended accepting credit from the construction of Holland Park for 38 single family units. The developer is requesting to use remaining credit for Phase 11. The existing park in the area will meet the recreational needs of this development. Jumper said this development is a continuation of The Coves Phase 1. She said it was first called Walnut Crossing in 2008, when PRAB recommended accepting credit from the construction of Holland Park for 38 single family units. The developer is requesting to use the remaining credit from Phase! to use toward Phase 11. There was no discussion. PRAB Motion: McKnight motioned to accept credit for the construction of Holland Park, and Priest seconded it. Motion passed 8-0-0 by voice vote. 9. Park Land Dedication: Alison Jumper, Park Planning Superintendent Development Name: Engineer: Owner: Location: Park Quadrant Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement Existing Parks: Harvey's Hill Phase 11 Specialized Real Estate Group Specialized Real Estate Group South of Center Street, west of Hill Avenue, east of Duncan Avenue SW 55 multi -family 1.48 acres 0.77 acres $30,800 Oak Ridge Trail, Frisco Trail, Wilson Park and Walker Park are located within a one mile radius. 6 Developer's Request: Staff Recommendation: Estimated Annual Maintenance: Justification: Money -in -lieu Money -in -lieu N/A On September 9, 2013 PRAB reviewed Phase I of the project and recommended accepting money in lieu for 175 multi -family units. The existing parks in the area will meet the recreational needs of this development. Jumper said that Leslie Tabor was present for questions. She said the project is for a 55 multi -family located on 1.48 acres. The money -in -lieu is $30,800. Lamb asked what Phase II would be. Tabor said it would be single family homes. Lamb asked when the construction would begin. Tabor answered that it would be in the next year and a half or so. Colwell said to take the money and run. PRAB Motion: Colwell motioned to accept the $30,800 money -in -lieu, and Maxwell seconded it. Motion passed 8-0-0 by voice vote. 10. Gulley Park Expansion Colwell said the appraisal has been requested. Edmonston said it was put out to bid. She said Parks will have it by July 18 at noon. There will be an appraisal on each lot. Cowell said he's talked to Mrs. Dunn. He said she'd like to do all of the property all at once. He said there will be an open house on July 10, and refreshments will be served. The field has been mowed, and postcards went out to the 3,500 houses around Gulley Park. The Dunn's have received three offers from developers. He suggested that everyone encourage their alderman, but don't pester them. Edmonston said she made certain that the Dunn's would hold off until the appraisal was done, and the City could make an offer. Colwell said the Dunn's want it to happen. He said that Parks needs to see what it appraises for, whether it will be the value for the Park's purposes, or the highest value for the property. Lamb commented that the value may be more in line with what it's worth to a developer and what's best for the property. Colwell commented that the appraisal will answer a lot of questions. 7 Paul asked where the money would come from to buy it. Edmonston said probably from the Park Development fund, but not a lot is there. She added that the mayor says he doesn't want it to come from reserves. Paul asked if Parks bought the property, but didn't have the money to purchase it, what would Parks do with the land. Colwell said he thought the Dunn's would agree to a payment plan, and that would give the City some time to decide what to do. Colwell said that they want to sell it in one piece. Edmonston said she had a request from the University of Arkansas to use it as an "aging community" park. Lamb said everyone he's talked to would like a dog park. Edmonston said it would probably be kept as a natural area until it's paid for. Colwell said that if the houses were sold, then a lot of burden would be taken off the City. Edmonston said that public meetings would be held for input from the citizens to see what they wanted done with it. Edmonston commented that Thursday night is Bark at the Park night in conjunction with the Gulley Park concert. Colwell said the Dunn's aren't in favor of a dog park. Lamb asked if they would be upset if just a portion of the land was a dog park. Colwell said probably not. Paul asked how much did lams pay for the dog park. Edmonston said around $30,000. Maxwell asked how the lams Dog Park is working out. Jumper said there is a lot of doggie waste there. It's heavily used. Edmonston said it's loved to death. 11. Announcements July 1-11 Swimming Lessons — Session 2 July 4-6 Adult Softball Tournament, Gary Hampton fields July 7 Summer Adult Kickball begins 8 July 7-11 July 10 July 11 July 12 July 14-18 July 15 July 15-25 July 21-25 July 24 July 28- Aug 1 July 29- Aug 8 Outdoor Adventure Camp Gulley Park Concert — Boom Kinetic Wilson Pool Dive in Movie — Frozen 3v3 Live Soccer Tournament, Lewis Fields Drama Camp City Council — Regional Park Rezoning Swimming Lessons — Session 3 Camp Wilson Gulley Park Concert — Sarah & the Meanies Outdoor Adventure Camp Advanced Swimming Lessons — Session 4 12. Adjourn Meeting adjourned at 7:01 pm. Minutes taken by Melanie Thomas 9 BGSO board meeting July 15, 2014 at 6 PM Totemeier Center conference room Routine Business Call to Order at 6 PM Approve May 20 meeting minutes Accept the June financial condition and audit Executive Director Update Membership, Grants and Annual Giving update Staffing update Unfinished Business Update Executive Director evaluation/bonus — Linda McMath Update on Marketing Committee findings Review Master Plan 2028, explanation and motion Review lease update and motion New Business Accept the 2013 audit Approve Ron Cox bonus Approve the lease and Master Plan 2028 Marketing strategy discussion and action Establishing a comprehensive campaign plan Adjourn Motion: Accept the 2013 audit findings with specific attention to the expressed concern for the ownership issue. Motion: The ED Evaluation Committee recommends a 10% performance bonus based on Ron's evaluation. Linda McMath and Bo Bittle Motion: The BGSO board endorses Master Plan 2028 and accepts the lease provisions as outlined. Motion: The Marketing Committee and EXC recommend that BGSO find a way to engage the communications/marketing position to at lease 24 hours/week. Motion: Authorize the Executive Committee to explore a comprehensive fundraising campaign beginning with a feasibility study and a committee search. BGSO EXC meetings: August 5, September 2, October 7, November 4 and December 2 @ 11:30 @ Garden BGSO board meetings: Tuesday July 15, September 16 and November 18 @ 6:00, meal @ 5:30 @ the Garden. July 15 Attending: Bo, Linda, Bill, Maudie, Karen, Joyce, Byron, Alan, Eleanor, Minutes: Joyce/Nancy: Correct total cost $13 m for phases 1-3; estimate $24-26 M. Finances: revenue shortfall in sponsorships, grants and rentals Greening fell short $12K in sponsorships, record in attendance and auction. Make a plea to the A&P Commission for marketing Managing expense side effectively Filing 2013 990 Audits to grants, city and Parks. Accept audit: Linda/Eleanor. Passed. Send Connie a bouquet at home because of her accident. 1210 members up 62 from May 160 from January; comparable with Powell, Garvan and Compton Gardens; down from 1400 in 2012. Grants: delayed grants from Walker, 3 grants due by August: Cox, Walmart and Schmieding Unfinished: ED evaluation in March, bonus of 10% for completion of goals Linda/Bo. Passed. Marketing Committee (APC): Need more time for publicity and social media, Allyson double to 25. Develop trades with local media w/ a focus on Benton County, trade outs. Movie trade out of video of Garden Build an awareness campaign and collaboration w/ interest groups Promote membership benefits: discounts, free admission, gifts, No discounts Promote special gifts, membership sticker Presence at key events Sponsor list for comparison, use sponsors to help market, network and support Invite NPOs to hold fundraiser at Garden. Bo/Nancy open the Garden for rental or fundraising, based on current policy, add security provision. Passed. Maudie/Eleanor: Committee recommends upgrade marketing position to a 24 hour/week. Passed. BiII/Maudie: Accept lease and endorse Master Plan 2028. Passed. August 4 @ 5:30 for PRAB. 111 Administration Building 8:30 adjourn no be but ;IA ki lilvie5-rrr *- 44, p*P s ea A o ri-ks, 9 l6 kEp lb f, o pn { . ThLI .(LE BOTANICAL GARDEN LAND LEASE AGREEMENT This Agreement to lease a substantial portion of the east side of Lake Fayetteville Park to the Botanical Garden Society of the Ozarks, Inc. as shown on the 2028 Botanical Garden of the Ozarks Master Plan for the continued use and continuing development of the Botanical Gardens of the Ozarks and to approve the 2028 Botanical Garden of the Ozarks Master Plan 18 entered into by and between the City of Fayetteville as landlord and the Botanical Garden Society of the Ozarks, Inc. (hereinafter the "Botanical Garden Society") as tenant on this day of August, 2014. WHEREAS, for almost two decades the Botanical Garden Society and the City of Fayetteville have cooperated and worked harmoniously to create and improve the Botanical Gardens of the Ozarks on substantial acreage on the eastern side of Lake Fayetteville Park; and WHEREAS, an initial twenty five year Lease Agreement for the Botanical Garden was entered into between the Botanical Garden Society and the City of Fayetteville on September Z 1997; and WHEREAS, a replacement twenty five year Land Lease Agreement between the City and the Botanical Garden Society was agreed to on September 2, 2003; and WHEREAS, in order to help spur further development of the Botanical Garden and to better serve Fayetteville citizens, the City of Fayetteville entered into a Contract on July 16, 2004 with the Botanical Garden Society in which the City invested $250,000.00 "to construct the entry and grounds infrastructure (driveway, parking, walkways, Great Lawn, etc.)" for the Botanical Garden as well as another $500,000.00 to complete the Carl Totemeier Building; and WHEREAS, in 2007, the Botanical Garden Society received a $115,128.00 Federal Grant through the Arkansas Parks and Tourism Outdoor Recreation Grant Program for display gardens and parking which requires ongoing duties of public availability, nondiscrimination, maintenance, etc. for the Botanical Garden Society; and WHEREAS, the parties now wish to modify the leased premises and other provisions of the lease by entering into a new Land Lease Agreement to replace the existing Land Lease Agreement of 2003; and WHEREAS, by their execution of this Land Lease Agreement, the parties wish to express and confirm their approval of the 2028 Botanical Garden of the Ozarks Master Plan including the plan for the City to build a new parking lot designated and devoted for City trail users on the Southeast corner of the premises. 1 NOW, THEREFORE, the City of Fayetteville and the Botanical Garden Society of the Ozarks, Inc. hereby mutually covenant and agree as follows: 1. Leased Premises The City of Fayetteville agrees to Lease the land shown on the attached map showing the agreed 2028 Botanical Garden of the Ozarks Master Plan (Exhibit A) to the Botanical Gardens Society of the Ozarks, Inc. which agrees to accept such leased premises to be used for the purposes normally associated with a botanical garden and as set forth in later provisions of this lease. 2. Use of Leased Premises The Botanical Garden Society agrees that it will, as a nonprofit public charitable corporation, operate, maintain, improve, and promote the Botanical Garden of the Ozarks upon the premises on behalf of the City of Fayetteville, its citizens and visitors. 3. Consideration for the Lease In consideration of the thirty six year lease and any extensions thereof of about 40 acres of City of Fayetteville parkland to the Botanical Garden Society of the Ozarks, Inc., the City's $750,000.00 investment in 2004 to fund the driveway, parking lot and completion of the Totemeier Building, and the City's agreement to build a second trail users' public parking lot on the Southeast corner of the leaned premises, the Botanical Garden Society of the Ozarks, Inc. agrees to: A. Provide free access to the Botanical Garden of the Ozarks to Fayetteville School children on official, school sponsored academic visits, except for the Annual Northwest Arkansas Regional School Education Program and assist in the botanical education of the students. B. Provide free access to the Botanical Garden for all Fayetteville residents on Saturday mornings from 9:00 a.m. to noon. Free access for both Fayetteville school children and residents does not have to include all displays, areas, gardens and buildings, but must include at least the Great Lawn, the surrounding Display Gardens and the Totemeier Building. C. Maintain 24 hours a day, seven days a week public access to the existing parking lot built with City funds for persons desiring to access the Lake Fayetteville trails. The Botanical Garden Society may use signs and personnel to direct packers to the supplemental parking lot once constructed by the City and available to City trail users. 2 D. Maintain 24 hours per day, seven days a week public access to the proposed parking lot to be built by the City on the Southeast corner of the premises. This parking lot shall be devoted to and limited to City trail users, and the City is empowered to place appropriate signage for this lot and to enforce such parking restrictions just as with any other City parking lot. E. Operate, maintain, improve and promote the Botanical Garden of the Ozarks and all of the premises leased from the City. 4. Lease Term This lease term shall commence upon the approval and execution by both the Botanical Garden Society of the Ozarks, Inc. and the City of Fayetteville. It shall continue for about thirty six (36) years until June 30, 2050, unless sooner terminated pursuant to this Agreement or by mutual consent of the parties. This Lease Agreement shall automatically be renewed for a subsequent twenty five (25) year term unless either party notifies the other party in writing of its desire to terminate the lease at the end of the initial term by giving such written notice prior to June 30, 2049. This Lease Agreement shall automatically renew for a third twenty five (25) year term unless either party notifies the other party in writing of its desire to terminate the lease at the end of the second term by giving such written notice prior to June 30, 2074. As long as the Botanical Garden Society of the Ozarks, Inc. continues to successfully operate, maintain and promote the Botanical Garden and has abided by all of the terms of this Land Lease Agreement, the City shall not unreasonably deny the subsequent twenty five year lease terms. 5. Botanical Garden Operating Policies The Botanical Garden Operating Policies shall ensure nondiscriminatory operating polices for the Garden for all Fayetteville residents and school children. These policies will be designed to preserve and maintain the integrity of all buildings, grounds and improvements on the property although the Botanical Garden Society may alter or remove buildings and improvements when needed for further improvements, construction or for safety reasons. 6. Botanical Garden Rules and Regulations The Botanical Garden 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 City. To the extent permitted by law, either the City or the Botanical Garden Society may exclude 3 objectionable uses, or abusive or offensive persons from all premises subject to this agreement. 7. Botanical Garden Operation and Supervision The Botanical Garden Society shall exercise sole operational and supervisory authority over all grounds, buildings and personnel of the Botanical 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 collection, except as otherwise provided in this agreement. The Botanical Garden Society at its expense will be responsible for all maintenance and security associated with the operation of the Botanical Garden, including equipment, parking lots, and other improvements. The Botanical Garden Society may not sublet any portion of the property without the express written consent of the City Council except that the Botanical Garden Society may temporarily rent areas or buildings for short term special events such as weddings and receptions. Such events may not interfere with Fayetteville residents' right to access the Great Lawn, the surrounding gardens and Totemeier Building on Saturday mornings. 8. Trails The Botanical Garden Society, City of Fayetteville and trail user groups have agreed to the location of the hard surface and soft surface trails that go past or through the leased premises as shown on the Master Plan of 2028 (attached). The Botanical Garden Society agrees to continue to permit and authorize constant and unimpeded access to these City trails from its current parking lot, the proposed new trail users' parking lot to be constructed by the City and at other reasonably designated locations. The City agrees that its trails are publicly accessible and accessible to patrons, volunteers and employees of the Botanical Garden. Both parties pledge to continue to work together to minimize any possible adverse effect that the public City trails and the Botanical Garden could have on each other and to make all reasonable efforts to ensure that users of the Botanical Garden and the City trails facilitate, respect and honor each other. The City retains the right to access, maintain, repair, reconstruct, enhance, and modify trails within the leased premises. 9. Botanical Garden Society of the Ozarks, Inc. is an independent entity The parties agree that the Botanical Garden Society of the Ozarks, Inc. is an independent entity and nonprofit public charitable Arkansas corporation and will maintain that status and remain in good standing throughout the lease terms. The City of Fayetteville has no authority to hire, fire or supervise any Botanical Garden Society employee. The Botanical Garden Society has the sole authority for selecting, 4 engaging, terminating, fixing compensation, supervising and otherwise directing all of its personnel, contractors and volunteers. 10. Botanical Garden Master Plan The Botanical Garden Society of the Ozarks, Inc. has created its 2028 Botanical Garden of the Ozarks Master Plan which supersedes and replaces all former Master Plans. By agreeing to this Land Lease Agreement, both the City of Fayetteville and the Botanical Garden Society agree to, approve of, and adopt the 2028 Botanical Garden of the Ozarks Master Plan which is attached to this Agreement. This Master Plan shall be the development guide for future construction, expansion and improvements to the leased premises. The Botanical Garden Society shall submit to the City for review site and construction plans for future construction, alterations and improvements that should be in conformity with the 2028 Master Plan or any amendments thereto. All such construction must comply with the Unified Development Code. The 2028 Botanical Garden of the Ozarks Master Plan may be amended as needed in the future upon the mutual agreement of the Botanical Garden Society and the City of Fayetteville. 11. Operations and Development must comply with Federal, State and City requirements and restrictions The Botanical Garden Society acknowledges that certain federal use and operating restrictions apply to the entire Lake Fayetteville Park property and it agrees to always be in full compliance with such Federal requirements and restrictions as well as State or City requirements and restrictions. Specifically the Botanical Garden Society agrees it will not do any development nor operate in such a manner that would violate Federal Outdoor Recreation Grants. The Botanical Garden Society agrees to always use best management practices including obeying all State and City laws and regulations governing the use of pesticides, herbicides and fertilizers to protect the quality of water flowing into Lake Fayetteville which is the City's secondary water source. The Botanical Garden Society shall maintain at least a 100 feet minimum setback from normal water elevation of Lake Fayetteville. 12. Insurance The Botanical Garden Society agrees to obtain and maintain through the duration of the lease at its own expense, Commercial General Liability Insurance covering public liability, bodily injuries, death, products liability and property damage for damages and expenses arising out of the operation of the Garden. 5 13. Defense and Indemnification The Botanical Garden 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 Botanical Garden 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. 14. Selection of Trustees The Botanical Garden Society agrees that the City Council may appoint one member of the Botanical Garden Society's Board of Directors. Another member shall be a current member of the City's Parks and Recreation Advisory Board and a third member shall be a Parks and Recreation Department employee. The Botanical Garden 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. 15. Nonprofit Corporate Status The Botanical Garden 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.R.S. Letter of Determination of I.R.C. Sec. 501(c)(3) status with the City to be maintained as a public record. In the event of subsequent amendments to such charter or bylaws, true and correct copies of the same shall be timely filed with the City Clerk. If the IRS revokes the Botanical Garden Society's 501(c)(3) status, the Botanical Garden Society shall immediately notify the City of this occurrence. 16. Financial Reports The Botanical Garden Society shall provide the City 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 Botanical Garden Society shall timely provide to the City the yearly operating budget of the Botanical Garden Society. 6 17. Rent, Fees, Concessions and Taxes The Botanical Garden 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. The Botanical Garden 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 Botanical Garden Society shall indemnify and save the City harmless from and against any liens or similar liabilities claimed or charges against the Botanical Garden Society pursuant to the Botanical Garden Society's operation of the Garden. 18. Remedies for Breach or Bankruptcy A. 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 six months 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 sixth month period or other agreed period. Any request of extension shall not be unreasonably withheld. B. Bankruptcy. In the event the Botanical Garden 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 benefit of creditors, or if the Botanical Garden 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 Botanical Garden 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 Botanical Garden Society. C. Acts of God. 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 including, but not limited to, civil disorder, fires, floods, or acts of God. 7 BOTANICAL GARDEN SOCIETY CITY OF FAYBITEVILLE OF THE OZARKS, INC. By: uwm-- APPROVED: Walt Biers, President Date: -" •�`1 • d 4 By: Lioneld Jordan, Mayor Date: ATTEST: By: Sondra E. Smith, City Clerk/Treasurer 8 CITY OF FAYETTEVILLE, ARKANSAS CAPITAL IMPROVEMENTS PROGRAM (2015-2019) By Project Area - All Sources Water & Sewer_-_ _Bridge & Drainage (34.5%) (1.6%) Vehicles & Equipment (15.4%) _, - Project Area Transportation_ (17.6%) Information _Technology (2.3%) _Other (5.0%) _Parks & Recreation (4.9%) Public Safety (8.7%) _ Recycling/Trash (2.3%) Street (0.7%) ILTrail (7.0%) Projected Projected Projected Projected Projected Total 2015 2016 2017 2018 2019 2015-2019 Bridge & Drainage $ 360,000 $ 360,000 $ 360,000 $ 360,000 $ 360,000 $ 1,800,000 Information Technology 697,000 880,000 335,000 340,000 365,000 2,617,000 Other 1,425,000 1,232,000 1,056,000 1,051,000 952,000 5,716,000 Parks & Recreation 1,084,000 1,107,000 1,080,000 1,167,000 1,143,000 5,581,000 Public Safety 1,323,000 1,474,000 2,376,000 2,299,000 2,391,000 9,863,000 Recycling/Trash 1,759,000 238,000 192,000 196,000 200,000 2,585,000 Street 350,000 100,000 100,000 100,000 100,000 750,000 Trail 1,940,000 1,500,000 1,500,000 1,500,000 1,500,000 7,940,000 Transportation 4,042,000 3,802,000 3,907,000 4,016,000 4,133,000 19,900,000 Vehicles & Equipment 3,717,000 3,942,000 3,884,000 3,239,000 2,723,000 17,505,000 Water & Sewer 10,499,000 8,005,000 7,438,000 6,966,000 6,155,000 39,063,000 Total $ 27,196,000 $ 22,640,000 $ 22,228,000 $ 21,234,000 $ 20,022,000 $ 113,320,000 2 Transportation (31.0%) CITY OF FAYETTEVILLE, ARKANSAS CAPITAL IMPROVEMENTS PROGRAM (2015-2019) Sales Tax Capital Improvements Funding - By Project Category Trail (19.7%)J Project Category Bridge & Drainage (4.5%) Fire (12.4%) Information _Technology (6.5%) _Library (6.8%) _Other Capital (5.7%) Parks & Recreation (3.5%) Police (9.9%) Projected Projected Projected Projected Projected Total 2015 2016 2017 2018 2019 2015-2019 Bridge & Drainage Fire Information Technology Library Other Capital Parks & Recreation Police Trail Transportation Total $ 360,000 $ 360,000 $ 360,000 643,000 627,000 1,550,000 697,000 880,000 335,000 441,000 525,000 519,000 684,000 580,000 422,000 167,000 258,000 280,000 510,000 672,000 646,000 1,940,000 1,500,000 1,500,000 2,242,000 2,402,000 2,507,000 $ 7,684,000 $ 7,804,000 $ 8,119,000 3 $ 360,000 $ 360,000 $ 1,800,000 1,063,000 1,111,000 4,994,000 340,000 365,000 2,617,000 615,000 622,000 2,722,000 346,000 260,000 2,292,000 378,000 322,000 1,405,000 1,051,000 1,090,000 3,969,000 1,500,000 1,500,000 7,940,000 2,616,000 2,733,000 12500,000 $ 8,269,000 $ 8,363,000 $ 40,239,000 CITY OF FAYETTEVILLE, ARKANSAS CAPITAL IMPROVEMENTS PROGRAM (2015-2019) Project Title: Regional Park Development Division: Parks & Recreation (D460) Funding: 2250 - Parks Development Category: Parks & Recreation Improvements Rank: 1 Project#: 02002 Project Type: Replacement Timeframe: Multi Year Expansion X Description: Project Cost 2015 $ 217,000 2016 120,000 2017 120,000 2018 2019 Total $ 457,000 Unfunded $ 20,182,000 This project is for the development of the Regional Park which includes constructing soccer, softball and baseball fields, playgrounds, pavilions, trails, volleyball, tennis and basketball courts, parking, roads, landscaping, an amphitheater and more. A bond was passed in 2013 to allocate $3.5 million of HMR funds for the construction of the park. In addition to the $457,000 funded in the 2015-2019 period, there is $20,182,000 in funding on the unfunded project list. Scheduled Implementation: Active Project The design of the park is underway. Construction of Phase One is anticipated to begin late in 2014. This phase will include six soccer fields, up to three baseball fields, infrastructure including restrooms, a parking pavilion, and utilities. A 14-16 month timeframe is anticipated for the completion of Phase One. Future phases of the park will develop as funding is available. Approximately $302,040 in Park Land Dedication Funds are anticipated to be received in 2016. Effect on Operations: Phase One requires 2.00 FTEs in maintenance staff ($63,000 annually), a vehicle, a mower, a groomer ($60,000), and operational and utility expenses ($76,000 annually) in 2015. Additionally in 2017, 4.75 FTEs in maintenance and 1.5 FTEs in recreation staff is required (5191,000 annually) and two mowers, a ballfield groomer ($42,000), and operational and utility expenses ($165,000 annually) are needed as the final phases are completed. 21 CITY OF FAYETTEVILLE, ARKANSAS CAPITAL IMPROVEMENTS PROGRAM (2015-2019) Project Title: Community Park Improvements Division: Parks & Recreation (D460) Funding: 2250 - Parks Development Category: Parks & Recreation Improvements Rank: 2 Project#: 13001 Project Type: Replacement X Timeframe: Multi Year Expansion X Description: Project Cost 2015 $ 700,000 2016 729,000 2017 680,000 2018 789,000 2019 821,000 Total $ 3,719,000 These projects will update and expand facilities within community parks to better serve citizens. 2015: Gulley Park - replace trail and lighting for safety and security and parking on the west side as the current parking is not adequate for the number of users; possible Gulley Park land acquisition; and increase Lake Wilson parking. 2016: Wilson Park - remodel historical rock house and restrooms due to poor condition and replace the basketball court and playground. 2017: White River Park - develop multi -use fields on the former R&P property and parking and sidewalks and river access will be added due to a commitment to ADEQfor the property. 2018: Wilson Park - replace eastern tennis courts and lighting and add lighting to the basketball and western tennis courts. Add one splash pad each to Gulley and Walker parks. 2019: renovate restrooms at Gulley, Walker, Lake Fayetteville and Finger parks. Restrooms were built in the 1980's. Scheduled Implementation: Planned/Programmed Project Planning for Gulley Park in January with construction in the fall/winter of 2015. Planning for Wilson Park in January with construction in the summer/fall of 2016. Planning for White River Park in the fall of 2016 and construction in the fall/winter of 2017. Planning for Wilson Park tennis and basketball lighting, Gulley and Walker park splash pads in January with construction in the fall/winter of 2018. Restroom renovations begin in January with construction in the summer/fall of 2019. Effect on Operations: Annual utility costs for lighting will decrease by approximately $5,000 by installing more efficient LED lights at Gulley Park. Maintenance cost will increase by $7,000 annually at White River Park with the addition of four new multi-purpose fields. Annual utility costs will increase by $10,000 with the addition of a splash park at Walker and Gulley Parks and $3,000 for additional lighting at the Wilson Park tennis courts. 22 CITY OF FAYETTEVILLE, ARKANSAS CAPITAL IMPROVEMENTS PROGRAM (2015-2019) Project Title: Tree Escrow Division: Parks & Recreation (D460) Funding: 4470 - Sales Tax Capital Improvements Category: Parks & Recreation Improvements Rank: 1 Project#: 08001 Project Type: Replacement Timeframe: On -Going Expansion X Description: Project Cost 2015 $ 74,000 2016 2017 - 2018 - 2019 Total $ 74,000 This project is used to plant trees in the street rights-of-way by contract or in-house staff. Funds may also be used to maintain the trees or to purchase equipment for maintenance. Funds in this project are contributed by developers who cannot meet their preservation requirements and must be spent within seven years from receipt. Scheduled Implementation: Active Project Trees are planted in the fall of each year as funding is allowed. Effect on Operations: Trees that do not survive are considered for replacement through future tree escrow planting projects. Ongoing maintenance including water, mulch, and pruning will be necessary after trees are planted. Currently, after the initial three year establishment period, the trees are maintained by the Transportation Division. 61 CITY OF FAYETTEVILLE, ARKANSAS CAPITAL IMPROVEMENTS PROGRAM (2015-2019) Project Title: Safety and ADA Division: Parks & Recreation (D460) Funding: 4470 - Sales Tax Capital Improvements Category: Parks & Recreation Improvements Rank: 2 Project#: 00000 Project Type: Replacement X Timeframe: Multi Year Expansion Description: Project Cost 2015 $ 15,000 2016 15,000 2017 15,000 2018 15,000 2019 15,000 Total $ 75,000 This project will be used to bring previous projects into ADA compliance such as swings, play equipment, and sidewalk connections. Additionally, funds are used to address safety hazards that may occur over time. Scheduled Implementation: New Project Request This project is ongoing. Projects are identified as needed. Effect on Operations: None. 62 CITY OF FAYETTEVILLE, ARKANSAS CAPITAL IMPROVEMENTS PROGRAM (2015-2019) Project Title: Forestry and Habitat Improvement Division: Parks & Recreation (D460) Funding: 4470 - Sales Tax Capital Improvements Category: Parks & Recreation Improvements Rank: 3 Project#: 00000 Project Type: Replacement X Timeframe: Multi Year Expansion X Description: Project Cost 2015 $ 30,000 2016 62,000 2017 34,000 2018 32,000 2019 26,000 Total $ 184,000 This project is for tree plantings and replacements in areas where trees are damaged such as on boulevards and in areas where old trees are being lost in parks. In addition, funding is requested for median right-of-way tree replacements for Hwy 265, Garland Avenue, Van Ache, and Rupple Road. Median replacements are for the first three years after planting assuming 15% mortality rate over three years. The Celebration of Trees, which is required for the City's Tree City USA designation, is funded annually from this project. Additionally, habitat restoration projects such as the Lake Fayetteville prairie restoration, are funded in this project. Habitat improvements are intended to restore or compliment existing natural areas as well as reduce maintenance. Funds in this project are also used for the annual operational motor pool cost for a stump grinder and chipper. The requested funding has been increased by $30,000 over the five (5) years due to new street tree plantings. Scheduled Implementation: Active Project This project is ongoing. The Celebration of Trees is hosted each year in the fall. Tree replacements will generally occur in the fall and spring of each year. Effect on Operations: As the number of trees increases, forestry crews and motor pool will need to be increased. Two FTE's ($63,000 annually) are requested for 2016 along with a vehicle (one time expense of $24,000; annual of $4,000). Utility costs will increase ($12,000 annually) in 2015 and 2016 due to additional irrigation for street median trees. 63 CITY OF FAYETTEVILLE, ARKANSAS CAPITAL IMPROVEMENTS PROGRAM (2015-2019) Project Title: Park Paving Improvements Division: Parks & Recreation (D460) Funding: 4470 - Sales Tax Capital Improvements Category: Parks & Recreation Improvements Rank: 4 Project#: 00000 Project Type: Replacement X Timeframe: Single Year Expansion Description: Project Cost 2015 $ - 2016 58,000 2017 58,000 2018 58,000 2019 58,000 Total $ 232,000 This project will be used to overlay and/or replace existing interior roads and parking areas. Many of the parks are aging and pavement surfaces are deteriorating. Priorities have historically been to replace and upgrade facilities, however the infrastructure is beginning to fail in some areas and is in need of repair. This project will repave approximately 3,300 square yards of surfacing per year. The first project will be in 2016 to repave Wilson Park interior drives which are broken up and have potholes. Scheduled Implementation: New Project Request Wilson Park entry drives would be replaced in 2016. Planning for this project would begin in early 2016. Other parks will be assessed and prioritized for future years. Once priorities are identified, projects would be bid in the summer and construction would begin in the fall. Effect on Operations: None. 64 CITY OF FAYETTEVILLE, ARKANSAS CAPITAL IMPROVEMENTS PROGRAM (2015-2019) Project Title: Parks & Recreation Master Plan Division: Parks & Recreation (D460) Funding: 4470 - Sales Tax Capital Improvements Category: Parks & Recreation Improvements Rank: 6 Project#: 00000 Project Type: Replacement Timeframe: Single Year Expansion Description: Project Cost 2015 $ 2016 2017 2018 2019 200,000 Total $ 200,000 This project is for a new master plan for the Parks & Recreation Department that would define the direction of parks and recreation in Fayetteville for the next ten years. The master plan would set the vision and strategies to accomplish goals set by the City. Scheduled Implementation: New Project Request An RFQ would be advertised in January 2019. The selection committee process would immediately follow and a consultant would then be hired to begin working on the plan. Effect on Operations: None. 65