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HomeMy WebLinkAbout2013-03-04 - Agendas - FinalParks & Recreation Staff
Connie Edmonston, Director
Chase Gipson, Recreation Superintendent
Byron Humphry, Maintenance Superintendent
Alison Jumper, Park Planning Superintendent
Melanie Thomas, Senior Secretary
aye?ttvt1e
Parks & Recreation Advisory Board
Steve Meldrum - Chair
Terry Lawson
Jonathan Leonard
Chuck Maxwell
Phillip McKnight
Phillip Watson -Vice Chair
John M. Paul
David Proffitt
Angie Sass
Parks and Recreation Advisory Board Meeting
March 4, 2013 at 5:30 p.m.
City Hall, Room 111
113 West Mountain Street
Fayetteville, AR
AGENDA:
1. Presentation of AR State Soccer Association's Volunteer of the Year to Dr. Jim
Cherry: Chase Gipson.
2. Approval of February 4, 2013 PRAB Meeting Minutes:
PRAB Motion:
3. Tabled from February 4th meeting - 2012 Annual Parks and Recreation
Department Report: Connie Edmonston, Parks and Recreation Director
According to Article II, Chapter 33.018 (B) in the Fayetteville Code of Ordinances, Parks
and Recreation Advisory Board is to prepare an annual report to City Council. Once the
annual report is approved by PRAB, this document will be forwarded to the City Council.
Park Staff Recommendation: To approve the 2012 Annual Report to be presented to
City Council.
PRAB Motion:
4. Eagle Scouts' Project Proposal: Clayton Bell
In coordination with Parks staff and the Ozark Off -Road Cyclist, a bridge and boardwalk
project on the nature trail at Lake Fayetteville.
5. Rugby Presentation
6. Spiral Wetland Project Proposal: Robert Ginsberg
7. Botanical Garden of the Ozarks Grievance Request:
The Botanical Garden of the Ozarks (BGSO) has filed a grievance concerning the
construction of the soft trail system on the south side of Lake Fayetteville that is within
BGSO's non -fee leased area. See attachment. According to the lease agreement
between BGSO and the City of Fayetteville, Section 13.0 — Resolution of Conflict —
March 4, 2013 PRAB Agenda 1
establishes a committee consisting of 4 members: 1 appointed by the City, 2 appointed by
BGSO and 1 appointed by PRAB to resolve the difference. "If no resolution is reached
within a reasonable period, then this committee shall refer the matter to the City Council,
whose decision shall be binding to both parties." See Mayor Jordan's response letter.
Park Staff Recommendation: Staff recommends for PRAB to appoint Byron Humphry
to serve on this committee. Byron currently serves as the Parks and Recreation
Department Staff representative on the BGSO Board of Directors.
8. Other Business:
9. Adjournment
Upcoming Events and City Council Items:
Attachments: Agenda Items listed below:
1. February 4, 2013 PRAB Meeting Minutes
2. BGSO Grievance Letter
3. BGSO Lease Agreement
4. Mayor Jordan's Response Letter
5. Spiral Wetland Project Proposal
Reports:
HMR Monthly Report
March 4, 2013 PRAB Agenda 2
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FAYETTEVILLE PARKS AND RECREATION
ADVISORY BOARD
Minutes for February 4, 2013
Opening:
The regular meeting of the Parks and Recreation Advisory Board was
called to order by Phillip Watson at 5:40 p.m. in Room 111 at the City
Administration Building at 113 West Mountain Street in Fayetteville,
Arkansas.
Present:
Parks and Recreation Advisory Board members Maxwell, Paul, Lawson,
Watson, and Proffitt were in attendance. McKnight and Leonard came in
later. Meldrum and Sass were absent. Parks and Recreation staff
members in attendance were Edmonston, Humphry, Jumper, Gipson,
Mihalevich, and Thomas.
AGENDA:
1. Approval of January 7, 2013 PRAB Meeting Minutes:
PRAB Motion: Proffitt motioned to accept the minutes as written,
and Paul seconded it. Motion passed 5-0-0 by voice vote.
2. Park Land Dedication:
Superintendent
Development Name:
Engineer:
Owner:
Location:
Park Quadrant
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement
Alison Jumper, Park Planning
1
New Horizons
Bates and Associates
Jim Knight
Between Rupple and Salem
roads, north of Mt. Comfort
NW
15 Phase one, 56 Phase two
Approx. 18 acres
.36 Phase one, 1.34 Phase 2
$13, 800 Phase one, $51,520
Phase two
Existing Parks:
Developer's Request:
Staff Recommendation:
Estimated Annual Maintenance:
Justification:
Salem Park, Gary Hampton
Softball Complex, Clabber
Creek Trail
Money in lieu
Money in lieu
N/A
The existing parks and trail in
the area will meet the
recreational needs of this
development.
Jumper went over the information about the development. She also
said that Eric Heller was the representative in attendance to
answer any questions.
Watson asked what parks were in the area.
Jumper replied that the parks were Salem Park, Gary Hampton
Softball Fields, and Clabber Creek.
Maxwell wanted to know what the amenities were at Salem Park.
Jumper said there was a basketball court and a playground.
Watson asked if these units were for starter families.
Heller said that yes, they were.
Paul wanted to know when the construction would begin.
Heller replied that it would be about four months from now.
PRAB Motion: Paul motioned to accept the money in lieu of
$13,800 for Phase One and $$51,520 for Phase Two. McKnight
seconded it. Motion passed 6-0-0 by voice vote.
3. Mahler Land Donation: Matt Mihalevich, Trails
Coordinator
Approximately 1.65 acres of land are being offered as a land
donation for the Cato Springs Branch trail (see attached maps).
Staff Recommendation. Staff recommends accepting the donation
pending results of a site inventory and assessment to verify the
absence of hazards or hazards materials.
2
Mihalevich said that Alex and Lori Mahler, who were present at the
meeting, own a piece of land by the creek on Cato Springs Road.
They want to donate the land for a trail and trail head. It is in a
floodway. He said the area is in the original FATT plan.
Watson asked if Parks thinks hazardous material will be found.
Mahler said there is some rock and concrete, but no hazardous
material. He added that there is a house in bankruptcy in the area,
and it would be nice to include it in the donation. He said last time
the area flooded, water was rushing through the house.
Paul wanted to know how often the area flooded.
Mahler said that since he has owned it, it has flooded at least five
times in 28 years. He added that he would like to name the
trailhead after his wife.
Watson asked if houses are on the land to be donated.
Mahler said no.
Watson replied that he just wanted to make sure.
Paul asked Byron if he was ok with this donation.
Humphry said yes. He added that native grasses would be planted
on it.
Mahler said the area would need to be blocked so no one can
dump trash.
Edmonston said there is a park naming policy. The request has to
go before PRAB, and then to the City Council. A form needs to be
filled out and it can be presented to PRAB.
Mahler said he would come to the March board.
Paul wanted to know the acreage of the land.
Mihalevich said it was 1.65 acres.
Paul said he understood the options were to pass it now, and then
come back for the naming, and give it a month for public input,
and then it goes to Council.
3
PRAB Motion: Paul motioned to accept the land donation pending
results of the site assessment to verify the absence of hazardous
material. Lawson seconded it. Motion passed 6-0-0 by voice vote.
4. Mt Kessler Greenway: Frank Sharp
Discussion will continue about Mt Kessler Greenway with Frank
Sharp present to answer questions.
Sharp brought a large map with contour lines for everyone. He
commented he had someone come look at some trees on the
property, and discovered they were ancient chinquapin trees that
were approximately 300 years old. He said the age was determined
from a sample from a fallen tree. Sharp also gave everyone a letter
with sample pages from his report. The area is being used as an
outdoor classroom and recreation.
Maxwell said that the Lake Fayetteville Trail is the most used trail
in NWA.
Sharp said that all the landowners in the area of Mt Kessler are
happy to allow people to hike and enjoy the area. He said he would
like to help Fayetteville have a 700 acre park rather than just a
200 acre area. He asked that everyone please read the information
for the next meeting. He said he wasn't expecting a decision
tonight. He invited everyone to come out and see the area.
Paul wanted to know why the City doesn't just buy it. He wanted to
know what the deterrent was.
McKnight asked how much the property cost.
Sharp said parts of the land are really rough. In 2007 the land
appraised at $15,000 an acre. He said it's now worth 3 to 5
thousand an acre.
Paul said it seems that great lengths are being taken to go through
the U of A and the City for this property.
Edmonston said it was probably money that is keeping the City
from buying it. She said that there is a very tight budget.
Sharp said the foundation needs to be laid. He said if the City
wants to buy it, go for it.
4
Paul said that the revenue generated through Regional Park could
help pay off bonds. He added that an amphitheatre could be built.
Maxwell asked if an amphitheatre was planned.
Edmonston said yes.
Jumper said it would be larger than the one at Gulley.
Someone asked what a large crowd would be at Gulley Park.
Gipson said 2,500 to 3,000 would be a big turnout.
Paul said he was concerned about how many voices are involved
with this property. He wanted to know why we would want anyone
else tell us what to do with the land.
Sharp said he would love the City to buy it. He said he was going
on an assumption that money will have to be raised since it is so
tight right now.
PRAB Motion: No motion was made. Discussion will continue at
the next meeting.
5. Botanical Garden Society of the Ozarks Report:
David Proffit, PRAB/Byron Humphry, Park Maintenance
Superintendent
Humphry said the Botanical Garden is looking to rework the
contract with the City. A draft is being worked up, and it will be
brought to PRAB and the City Council for approval. The Botanical
Gardens have land leased up to Veterans Park, and want to give
back some of the property that they can't do anything with. Parks
wants to work with the OORC and Progressive Trails to enhance
the nature trail on. The Botanical Gardens want to develop the
Master Plan for the user fee areas. That planning is in the early
stages and will hopefully come before PRAB in a couple of months.
Watson asked if the Farmer's Market was done.
Humphry said yes, it's being tried on a trial basis.
Watson asked if any problems had developed.
Humphry said not to his knowledge. There were no problems from
the Parks perspective.
5
Watson wanted to know if the Botanical Gardens had any issues.
He said he knows that the Farmer's Market traffic was using the
BG restrooms, which could possibly require more staff to maintain.
Humphry said they had initial conflicts such as parking, but it got
resolved. From the Parks end, it's okay.
6. 2012 Annual Parks and Recreation Department Report:
Connie Edmonston, Parks and Recreation Director
According to Article II, Chapter 33.018 (B) in the Fayetteville Code
of Ordinances, Parks and Recreation Advisory Board is to prepare
an annual report to City Council. Once the annual report is
approved by PRAB, this document will be forwarded to the City
Council.
PRAB Staff Recommendation: To approve the 2012 Annual
Report to be presented to City Council.
Edmonston said that according to City Ordinance, PRAB has to
approve the Parks annual report.
Watson asked if the report was in the notebook given to everyone
at orientation. He said he had not looked at it.
Paul said on page 36 there were negatives.
Edmonston said that the City captures it in that way.
Proffitt suggested that it be tabled until next month.
PRAB Motion: No vote was taken. The report will be discussed
next month.
7. Other Business:
Paul asked about the trail route that may have hazardous materials.
Edmonston said they just got to look at it on Wednesday.
Paul wanted to know if the entire corridor would be looked at.
Jumper said no, just that piece of land.
Edmonston commented that even though there are piles of debris,
they may not contain any hazards.
6
Paul wanted to know if the whole corridor would be examined to make
sure it would work out.
Watson said they will do the best they can.
McKnight said the City will probably get the other property.
Edmonston commented that you have to start somewhere.
Maxwell asked if anything has been done to see if any problem will
come up.
Jumper said no, the land is privately owned.
Paul asked if the City had ever gotten any land they couldn't use.
Lawson answered with "Regional Park".
Edmonston said that caution needs to be used.
Maxwell said, for trails, there are cheaper materials that can be used.
If the dollar amount is cut down, more can be done.
Paul said the City should know if it's hazardous before accepting it.
He asked if the land could be rejected.
Edmonston replied that once the land is deeded to us, it's ours.
Humphry commented that the land has always been residential, not
commercial.
Lawson added that lots of the area is creek area, and unlikely to have
hazardous materials.
Edmonston said PRAB can take a trip to the area.
Watson said he wouldn't know what to look for. He said Staff can look
at it.
Edmonston announced that Brandon Shrader began work today as
the new Adult Softball programmer.
8. Adjournment
Meeting was adjourned at 6:35 pm.
7
Minutes taken by Melanie Thomas
8
Page 1 of I
Connie Edmonston - BGSO grievance appeal
From:
To:
Date:
Subject:
Attachments:
Walt Filers <walteilers@me.com>
<ljordan@ci.fayetteville.ar.us>, Connie Edmonston <cedmonston@ci.fayetteville.ar.us>
2/20/2013 2:28 PM
BGSO grievance appeal
Mayor Jordan and Connie Edmonston.docx
Lioneld and Connie:
The attached grievance statement and proposed resolutions was delivered to Don Marr when he visited
the Garden on Tuesday, February 19. I did want to assument that handing
the form to him constituted filing it with the Mayor and Director of Parks and Recreation.
Please accept this grievance and help expedite the formation of the committee and getting the resolution
on the Council agenda.
Thank you for your attention to this matter.
W et E:Cw,
Chair, BGSO board
Www.bgozarks.org
file://C:\Documents and Settings\cedmonston\Local Settings \ Temp \XPgrpwise\5124DD84... 2/20/2013
Mayor Jordan and Connie Edmonston:
I, Walt Eilers, an avid trail user and sponsor, walked Lake Fayetteville Sunday
morning, February 17. I walked both the hard and soft surface sections of the
trail. I found notices posted at the dam entrance and at both trail entrances that
the soft trail is closed from Veterans Park to the Botanical Garden for
repair. Those signs were not in place last Saturday, February 9, when I
previously walked the same trail. To my surprise, I observed extensive
construction work (roughly 1.5 miles long) beginning at Veterans Park and
continuing roughly half way through the BGSO leasehold toward the Garden.
The BGSO has been a supportive, engaged and good neighbor. In 2009, we
acquiesced and gave permission for the City to construct the Lake Fayetteville
Trail hard surface extension through our leasehold. We allow trail users access
to our rest room facilities. We have exceeded the lease provisions in offering
free admittance to low income, families in crisis, seniors and school children.
We felt that we had open lines of communication and had built a significant level
of trust with the administration by raising over $5 million to build an amenity that
last year attracted 40,000 paid visitors, 10,000 students, 8,000 attending Garden
concerts and events and contributed $3.1 million in economic impact to the local
economy. The absence of any notice or inclusion of our interests prior to this
construction comes as a shock and disappointment. In spite of our past efforts,
the BGSO believes that a serious breach of faith is at hand and requires
exceptional efforts to resolve it.
The BGSO Executive Committee visited the construction, observed active
construction and requests an expedited conflict resolution process begin
immediately regarding the construction of the Lake Fayetteville soft trail through
the area of the Botanical Garden leasehold. The BGSO appoints Walt Eilers,
President and Chris Bell, Vice President and Chair of the Plans and Properties
Committee, as our two representatives. Please advise me of the two members
of the conflict committee that will represent the City. Also, please schedule the
initial working session of this group at the earliest convenience.
The elements of the conflict between BGSO and the City of Fayetteville include:
1. The City has permitted and supported Ozark Off Road Cyclist Club and
Progressive Trail Design to construct an expanded soft trail system within the
bounds of the BGSO leasehold and without consideration for the approved lease
and the master plans of the BGSO or the previous agreement to release trail
right-of-way through the leasehold.
2. The Parks and Recreation staff has ignored repeated, specific and clear
responses from the BGSO staff and board that we are not supportive of
improving the soft trail system within the fee area leasehold because of BGSO
plans to construct educational and outdoor recreation facilities throughout that
area. We do not want the soft trails improved to avoid the presumption that the
active of improvement gives an exception to the constructors that their
improvements trump the leaseholder's investment and plans.
3. As the leaseholder, the BGSO board and staff did not have notice and was not
included in any planning of this significant construction project.
The remedy that the BGSO Executive Committee proposes is:
1. The negotiating offer to return the non -fee area to the City has not been
accepted and is hereby withdrawn. The lease has not been changed so the City
should recognize that the existing lease is in full force.
2. Regarding the construction of soft trails, in the fee area of the leasehold the
BGSO offers a reasonable solution consistent with the soft trail around the
remainder of the lake. We recommend that the City, Ozark Off Road Cyclists
and Progressive Trail Design change their plans and construct the soft trail on
the south side or outside of the newly constructed section of the Lake Fayetteville
Trail from the non -fee area through to the bridge crossing Hilton Creek.
3. In the meantime, BGSO requests that the City, Ozark Off Road Cyclists and
Progressive Trail Design cease and desist in any further construction within the
boundaries of the leasehold until this matter is resolved.
Submitted February 18, 2013
Walt Eilers for the
BGSO Executive Committee
Walt Eilers, President
Martha McBride, Vice President
Chris Bell, Treasurer
Cathy Bass, At Large Member
Aaron Bleidt, At Large Member
BGSO Lease edits
When the current lease was devised, neither the city nor the BGSO had actually built
or operated a botanical garden. Now, as BGSO completes the fifth year of successful
operations and growth we ask to update the lease. We believe that our successful
experience and the resulting asset for Northwest Arkansas deserve recognition. We
request a lease and not an operating agreement.
Our auditor, Tim Fulmer, notes in the 2011 audit that the existing lease is actually an
operating agreement because of its provisions detailing operational elements and
that the wording jeopardizes and restricts BGSO's ability to solicit major gifts to
complete the development of the Garden. The language actually puts BGSO into a
conflicting situation with its IRS 501 (c) (3) function in which we raise money to
benefit our organization, not an outside, municipal entity.
BGSO requests that the lease focus on eight (8)relevant elements:
1. Property Description: Revise the property description to reflect the
specific area for which the BGSO is responsible to develop, operate and
manage.
We request that the Lake Fayetteville trail area that has been developed and
expanded be removed from the lease. Second, the BGSO board would like to
return the non -fee area from the south boundary of the Garden and
continuing to Veteran's Park from the lease.
2. Revise the Property Title: BGSO will retain the title to any improvements
and betterments within the leasehold. In the event that BGSO ceases to exist
as a 501 (c) (3), these assets will be conveyed to the City of Fayetteville.
3. Define Parking: The BGSO has built and maintains a parking lot adjacent to
the Totemeier Visitors' Center for the exclusive use of its visitors and
patrons. BGSO also provides a Farmers' Market, overflow and trail head lot
(B in the Master Plan) and will maintain that lot.
4. Include revised BGSO Master Plan: The lease will include as an exhibit the
2012 Master Plan.
The BGSO Master Plan will be accepted by the PRAB and City Council as a
PZD for the long-term development of the Garden features. The Master Plan
and subsequent designs and construction plans will meet the current city
standards at the time they are presented to the Planning and Zoning
Commission and Council for approval.
5. Revise Lease Term: Establish 2013 as the new start date with a 25 -year
term and provide for two renewals.
6. Add Annual Report: In January of each year the President and Executive
Director will present a written, digital and oral report and assessment of the
preceding year of operation to the City Clerk, PRAB and City Council. The
report will include current Arkansas corporate filings, Garden policies and
procedures, BGSO board members, IRS letter, budget and most recent IRS
990 report and audit.
7. Add Compliance: The BGSO, Garden and groups using the facilities will be
in compliance with all City and Garden regulations.
8. Add Garden Operations: BGSO shall use its discretion in setting admission,
rental and use fees for the Garden and its facilities.
RESOLUTION NO. 130.03
A RESOLUTION APPROVING A LAND LEASE AGREEMENT
WITH THE BOTANICAL GARDEN SOCIETY OF THE OZARKS
FOR THE PURPOSE OF OPERATING A BOTANICAL GARDEN
AT LAKE FAYETTEVILLE PARK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Land Lease Agreement with the Botanical Garden Society of
the Ozarks for the purpose of operating a botanical garden at Lake Fayetteville
Park. A copy of the Lease Agreement marked Exhibit "A" is attached hereto and
made a part hereof.
PASSED and APPROVED this 2nd day of September 2003.
ATTEST:
By:
SOND A SMITH, City Clerk
APPROVED:
By:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
TO: Mayor Coody and City Council
THRU: Gary Dumas, Director of Operations
FROM: Connie Edmonston, Parks & Recreation Director
DATE: August 11, 2003
SUBJECT: Botanical Gardens of the Ozarks Lease Agreement
Background
On September 2, 1997, City Council approved a Land Lease Agreement with the Botanical
Garden Society of the Ozarks, Inc. (BGSO), for the purpose of operating a botanical garden at
Lake Fayetteville to serve Northwest Arkansas. The Portico Group of Seattle, Washington
developed a master plan of the gardens in 2000. With the completion of the Master Plan, several
fund raising events are held each year to finance the project.
Current Status
Since BGSO has been established for five years and a master plan has been developed, the
relationship through the lease agreement with the City needs to be redefined. The term of the
lease is 25 years. It may be renewable for three additional 25 year renewal terms upon the mutual
agreement of the parties. Other items in the agreement further outlined responsibilities of the
trails and parking lot in both fee and non -fee areas. Any major changes in the master plan must
be submitted to the Parks and Recreation Advisory Board (PRAB) for approval. The City is
allowed three seats on the BGSO Board consisting of a PRAB member, Parks and Recreation
staff representative, and a member appointed by the City Council. BGSO is required to submit
an annual progress report and audit to the City. In consideration for this lease, BGSO will offer
free general admission to the garden on Saturdays from 9 am until 11 am. BGSO will also
develop a 3 to 5 year plan of action with stated goals and objectives.
By accepting this Lease Agreement, the City of Fayetteville encourages BGSO to continue their
goal of preserving and enhancing one of Fayetteville's natural open spaces. In addition, the
acceptance of this Lease Agreement also provides the foundation for the BGSO to acquire funds
and complete their Master Plan. By creating an additional destination for both residents and
visitors to Fayetteville, a completed botanical garden will be an important factor in the growth of
Fayetteville's local economy.
Recommendation
Parks and Recreation Staff and Parks and Recreation Advisory Board recommend approval of the
land lease agreement with the BGSO. Please find PRAB August 4, 2003 meeting minutes
documenting their approval.
Attachments:
Land Lease Agreement
Lake Fayetteville Map
PRAB August 4, 2003 Meeting Minutes
BSGO Letter from President Blair Johanson
WEST MOUNTAIN 72701 479444-3471
FAX 479-521-7714
PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes
August 4, 2003
Opening:
The regular meeting of the Parks and Recreation Advisory Board was called to order at 5:30 p.m.
on August 4, 2003 in Room 326 of the City Administration Building located at 113 West
Mountain Street, Fayetteville, Arkansas by Wade Colwell.
Present:
Parks and Recreation Advisory Board members Wade Colwell, Gail Eads, Bob Shoulders, Mike
Hill, Craig Mauritson, Kristin Pawlik-Holmes, Jerry Bailey; City Staff Edmonton, Coles,
Hatfield, Hesse, Ohman, Wright; and Audience.
2. Botanical Garden Society of the Ozarks, Inc. Lease Agreement:
Legal staff has modified the original land lease agreement approved by PRAB on March
3, 2003. Carl Totemeier, Interim Director presented the contract changes. Changes
include:
• 25 years from and after the date of this agreement, subject to such being sooner
terminated as provided in this agreement. This lease term shall be renewed for three (3)
additional 25 year renewal terms upon the mutual agreement of the parties. This lease
term may be renewed upon approval of the City of Fayetteville, Arkansas. Each renewal
term will not be unreasonably denied by the City as long as the BGSO continues to
operate a botanical garden on the City property identified with this lease.
• BGSO will offer free general admission to the garden each Saturday morning from
9:OOam to 12:00pm.
• PROGRESS. BGSO will develop and open a botanical garden on the City property
identified with this lease agreement. BGSO will offer botanical garden programmatic
and educational services as part of its mission. BGSO will establish an initial yearly
attendance goal minimum for all BGSO garden services and programs of 5,000 people
beginning with calendar year 2005. BGSO will develop a three to five year plan of
action with stated goals and objectives. BGSO will continue to review, refine and renew
these actions plans during the course of this lease. BGSO will prepare, publish and
present an annual operations report to be submitted to the Fayetteville City Council.
MOTION:
Hill moved to approve a land lease agreement with the Botanical Garden Society as
presented.
Colwell seconded the motion.
Upon roll call, the motion was approved 7-0-0.
August 4, 2003 / 1
TO:
FROM:
' BOTANICAL GARDEN SOCIETY OF THE OZARt 5; INC.
P.O. Box 3079 • Fayetteville, Arkansas 72702-3079 • 479-443-6638 • info@bgso,org
Mayor Dan Coody and the Fayetteville City Council
Botanical Garden Society of the Ozarks '
DATE: August 6, 2003 ,
. SUBJECT:. Phase IA of the Master Plan for the Botanical Garden Society of the Ozarks
The Botanical Garden of the Ozarks would like to request approval of the Revised Land Lease
Agreement between the City of Fayetteville and the Botanical Garden Society of the Ozarks, Inc.
The extension of the Iand lease duration, three 25 year renewals will give 11680 donors an
assurance of the long tenn future of the botanical garden. We believe these changes offer fair
consideration for both parties. Your support will be greatly appreciated as we move forward ,
with this magnificent project. . ,
Sincere]
it(t 4114
Blair Joh
President, BGSO, Inc.
LAND LEASE AGREEMENT
THIS AGREEMENT made this 02A4 day of "- 3aims cue
between the City of
Fayetteville, a Municipal Corporation of the State of Arkansas, hereinafter referred to as "the
City", and the Botanical Garden Society of the Ozarks, Inc., an Arkansas Non -Profit
Corporation, hereinafter referred to as "BGSO".
WITNESSETH:
WHEREAS, the parties desire to enter into an agreement regarding the operation and
functioning of the Botanical Garden Society of the Ozarks which will serve the Northwest
Arkansas community, and which will be built on land owned by the City of Fayetteville.
WHEREAS, the BGSO's purpose is the establishment and operation of a botanical
garden where diverse collections of plants will be displayed, utilized, and preserved for
educational, environmental, recreational and scientific purposes, thereby promoting public
awareness of the vital and unlimited roles that plants perform.
NOW, THEREFORE, in consideration of the mutual covenants of the parties hereto the
parties covenant and agree as follows:
The City hereby designates for the establishment, construction, maintenance, and
operation thereon of a botanical garden as aforesaid for the collection and display of plant
materials and for such other purposes as are incident to the development and maintenance of
a botanical garden and for no other purpose whatsoever, contiguous tracts of land in the City,
described as follows:
A part of the Northwest Quarter (NWI/4) of the Northeast Quarter (NEI/4), a part of the
Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4), a part of the Southeast
Quarter (SE 1/4) of the Northwest Quarter (NW 1/4), all in Section 24, Township 17 North,
Range 30 West, Washington County, Arkansas, being all of that portion in said Section 24
as described in a Warranty Deed Recorded in Book 402 at Page 313 of the records of the
Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, Less and except
that portion of said parcel lying North of Lake Fayetteville waters and within the waters of
Lake Fayetteville, said waters being more particularly described as that portion of said
parcel lying below an elevation of 1238 feet above mean sea level, said elevation being the
top of the Lake Fayetteville spillway.
The Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 24, Township
17 North, Range 30 West, as described in a Warranty Deed Recorded in Book 400 at Page
328 of the records of the Circuit Clerk and Ex -Officio Recorder of Washington County,
Arkansas and a part of the fractional Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of Section 19, Township 17 North, Range 29 West, Washington County,
Arkansas, being particularly described as follows: Beginning at a point which is North 88°
22' 40" West 108.90 feet from the Southeast confer of NW 1/4 of the NW 1/4 of said
Section 19, thence North 02° 21'13" East 1048.50 feet; thence 88°22'40" West 1242.78
feet; thence South 02°31'34" West 1048.55 feet to the South line of said 40 acre tract;
thence along said South line South 88° 22' 40' East 1242.78 feet to the Point of Beginning,
less and except that portion of said parcel lying North of Lake Fayetteville waters and
within the waters of Lake Fayetteville, said waters being more particularly described as
that portion of said parcel lying below an elevation of 1238 feet above mean sea level, said
elevation being the top of the Lake Fayetteville spillway.
1.0. MAINTENANCE, PROMOTION, AND OPERATION OF THE GARDEN. The parties agree
that the Society shall operate, maintain, and promote the Botanical Garden of the Ozarks for
and on behalf of the City on the property wholly owned by the City and identified above and
incorporated by reference herein as set forth in this agreement.
2.0. LEASE TERM. The lease term shall commence on the date of this agreement and shall
expire at midnight local time in the City of Fayetteville, Arkansas, on the date which is 25
years from and after the date of this agreement, subject to such being sooner terminated as
provided in this agreement. This lease term shall be renewed for three (3) additional 25 year
renewal terms upon the mutual agreement of the parties. This lease term may be renewed
upon approval of the City of Fayetteville, Arkansas. Each renewal term will not be
unreasonably denied by the City as long as the BGSO continues to operate a botanical garden
on the City property identified with this lease.
2.1. REVIEW AND EVALUATION. The parties acknowledge that the Botanical Garden of the
Ozarks is in its formative stages and that its development will be ongoing and changeable. IT
IS FURTHER recognized that the roles, functions, and responsibilities of the respective
parties will develop, grow, and/or change as well. For these reasons, the parties shall review
and evaluate this agreement on a yearly basis to insure its appropriateness and applicability.
The B050 shall present an annual progress review to the Parks and Recreation Staff,
Advisory Board and the City Council.
2.2. The Mayor or his designated representative and the 13050 shall meet as requested by
any party to review the terms of this lease, to suggest and negotiate changes which may be
appropriate.
3.0. TITLE TO BUILDINGS AND GROUNDS. The 8050 acknowledges without reservation
that the City owns and shall hold title to the grounds and any future buildings constructed
on the premises.
4.0. OPERATING POLICIES .AND RESPONSIBILITIES. The 8050 shall provide to the Mayor
or his designated representative its general operating policies for the Garden in written form.
These operating policies shall ensure nondiscriminatory opportunities for all citizens. The
Society agrees that its policies and operations shall be designed to preserve and maintain the
integrity of all buildings, grounds and improvements existing on the premises, and shall
consider the policies of Parks and Recreation regarding cultural and recreational facilities.
5.0. RULES AND REGULATORS OF BGSO. The BGSO may establish and enforce any
reasonable rules and regulations regarding behavior of visitors to assure the well being of the
plants and gardens, as well as the safety, comfort and quality of experience for visitors to the
premises and shall provide copies of these rules and regulations to the Mayor or his
designated representative. To the extent permitted by law, either the City or the 8050 may
exclude objectionable uses, or abusive or offensive person(s) from all premises subject to this
agreement.
6.0. OPERATION AND SUPERVISION OF THE BOTANICAL GARDENS OF THE OZARKS. The
1305O shall exercise sole operational and supervisory authority over all grounds, buildings
and personnel of the Garden and over all such matters, including but not limited to, safety,
insurance, planning, plant acquisitions, displays and gardens, and the purchase, exchange, or
acquisition of additional items to be added to the collections, except as otherwise provided in
this agreement. The 8050 at its expense will be responsible for all maintenance and security
associated with the operation of the Botanical Garden, including equipment, parking lots, and
other improvements. The BGSO may not sublet any portion of the property without the
express written consent of the City Council.
7.0 TRAILS: The BGSO specifically acknowledges the right of the public to access trails in
the non -fee area without charge. BGSO must obtain the approval of the Parks and
Recreation Staff on the routing and design of all public trails through this land lease area.
Wtyjile
February 21, 2013
Botanical Garden Society of the Ozarks
Ron Cox, Executive Director
Walt Eilers, Board Presidents
BGSO Executive Board
PO Box 10407
Fayetteville, AR 72703
Dear Mr. Ron Cox, Mr. Walt Eilers and All BGSO Executive Committee Board
Members:
My Chief of Staff, Don Marr, provided me the letter presented to him on Tuesday,
Februaryl9th, 2013 regarding your request to expedite the conflict resolution process
regarding the construction of Lake Fayetteville soft trail through the Non -Fee area of the
Botanical Garden leased property.
I am writing to confirm with you that I have received this request and I am working to
begin this process. I have reviewed your letter with our City Attorney's office, and
reviewed each of the points outlined within your letter.
Per the lease agreement (item 13), it states
"In the event of disagreement regarding operations procedures or scheduling, a
committee consisting of four (4) members, one (1) appointed by the City, one (1)
appointed by the City Parks & Recreation Advisory Board, and two (2) by the BGSO will
be constituted to resolve the differences. If no resolution is reached within a reasonable
period, then this committee shall refer the matter to the City Council, whose decision
shall be binding to both parties."
I have noted your appointments outlined in your letter to me. I have also requested
Connie Edmonston the Senior Director of Parks & Recreation and the staff member
assigned to the Parks & Recreation Advisory Board to immediately begin a dialogue
with the Parks & Recreation Advisory Board requesting they appoint one individual to
the conflict resolution team.
l 13 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
The Parks Advisory Board meets on the first Monday of each month. Their next
regularly scheduled Parks Board meeting is scheduled or Monday March 4th. I have
asked that they add to their agenda the appointment of one person to serve on this
conflict resolution team. Once the Park Board has made their appointment I will make
the appointment to represent the City, and have the first meeting hopefully scheduled
for later the week of March 4th.
In meeting with various individuals upon receiving your letter, I believe there is a
difference of opinion between individuals that attended the very same meetings about
permissions and communications relating to the soft bike trails currently being repaired
and maintained. City Parks & Recreation Director Connie Edmonston, Byron
Humphrey's —Parks Maintenance Supervisor, both believed that permission was
granted by the BGSO Executive Director (Ron Cox) in a meeting that took place
January 14, 2013. However, in Ron's visit with my Chief of Staff yesterday, Mr. Cox
communicated that he did not believe that he had given that permission.
The request to cease and desist in any further construction on the soft bicycle trails in
the Non -Fee leased area can not be granted at this time. The work being performed by
Ozark Off Road Cyclist and Progressive Trail Design would result in a project being
incomplete, and an added cost to the Citizens of Fayetteville since this work is being
performed voluntarily for the citizens as an in-kind donation. The repair and
maintenance of these trails does not encroach on any current BGSO operations areas,
nor does it encroach on any future fee based plans. The discussion within the Fee
Based areas is separate and apart from the current work being performed.
As for construction methods of the trail repair work currently being conducted and
referenced in your letter, I want to communicate to you that I believe that City Staff is
following construction requirements as outlined by City Code. The City Parks and
Recreation Maintenance Supervisor and Sarah Wrede — a City Engineer responsible for
storm water management, erosion controls, etc. reviewed the work site. Sarah Wrede's
findings determined that this repair project is not a project that would require a grading
permit from Engineering. It was also determined that this project (work areas) is under
an acre in total size and would not require an ADEQ construction permit. It was also
determined that the construction methods have utilized best management practices by
minimizing the construction foot print and minimizing channeling of runoff. Some hay
bale check dam locations were recommended as additional protection above and
beyond any regulatory requirements. Stopping the soft trail work immediately, as you
suggest would cause increased erosion problems. City Staff continues working with the
crews to ensure that all requirements are being met as required by City Code.
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
The discussion on your complaint, and additionally the desired lease changes, usage of
land within the fee based boundaries„ boundary changes and any other lease
grievances from either party will be presented to the assigned committee. While there
are several areas of concern from BGSO, there are some lease agreement conditions
that are also of concern to the City's Parks & Recreation Management that will be
brought forward to the conflict resolution process since this request has now been
made.
As soon as the Advisory Board makes an appointment, I will get you names and contact
information for all representatives assigned to this resolution team, as well as getting a
first meeting set. It is my expectations as Mayor that a "reasonable time" as defined
within the lease should take no longer than a two (2) week period. If differences can not
be resolved within that time period, then we will forward this issue (and any others
identified in the conflict resolution process) to the City Council for final determination.
I am confident that this can be worked out, and we can come to a reasonable resolution
where all parties involved are satisfied.
Very my youp
Mayor Liobe$8 Jordan,
City of Fayetteville AR
Cc: Connie Edmonston, Senior Director of Parks & Recreation Department
Don Marr, Chief of Staff
Kit Williams, City Attorney
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
STACY
LEVY
Stacy Levy/Sere Ltd.
576 Upper Georges Valley Road
Spring Mills, PA 16875
phone: 814-360-4346
e-mail: stacy@stacylevy.com
APPROXIMATE TOTAL AREA
1,176 SQ. FT.
4' x 8' Units :
4' x 4' Units :
3' x 2' Units :
Custom Units :
256 SQ.
304 SQ.
210 SQ.
406 SQ.
APPROXIMATE
TOTAL PERIMETER
1,046 FT.
Shore
Line
►♦ ♦♦
4'x8': 8 Units
4'x4': 19 Units
3'x2': 35 Units
Custom Size: 5 Units
Plan: Not to Scale
58 FT
310 LINEA
FT
292 LINEAR FT
P = PERIMETER
A = AREA
P: 40'
A: 41 ft2
P: 33'
A: 67 ft2
CUSTOM UNITS
P: 55'
A: 187 ft2
P: 29'
A: 53 ft2
P: 42'
A: 58 ft2
CUSTOM UNIT DIMENSIONS
8„
•
66' - 6"