HomeMy WebLinkAbout2007-07-09 - Agendas - FinalPark & Recreation Staff
Connie Edmonston, Director
David Wright, Recreation Superintendent
Jeff Coles, Maintenance Superintendent
Alison Jumper, Park Planner
Carole Jones, Park Planner
Melanie Thomas, Senior Secretary
FAYETTEVILLE
PARKS & RECREATION
Parks & Recreation Advisors Board
Wade Colwell, Chairman
Jay Davidson, Vice Chairman
Valerie Biendara
Jon Bitter
Milton Burke
Bob Davis
Steve Hatfield
Craig Mauritson
Parks and Recreation Advisory Board Meeting
July 9, 2007 at 5:30 p.m.
City Administration Building Room 111
113 West Mountain Street
Fayetteville, AR
PRAB will meet in Room 111 due to elevator repairs.
AGENDA:
1. Introduction of new park planner — Carole Jones
2. Approval of May 28th, 2007 Special PRAB Meeting Minutes
PRAB Motion:
3. Approval of June 4th, 2007 PRAB Meeting Minutes
PRAB Motion:
4. Mt. Sequoyah Trail Naming: PhilliCostello
This item was tabled from the June 4t PRAB meeting according to the Naming Facilities
Policy that allows for public input during the month the park name is tabled.
Please see attached documents for trail names.
PRAB Motion:
5. Mt. Sequoyah Woods Trail Signage Recommendation: Phillip Costello
PRAB Motion:
6. Mt. Sequoyah Woods Trail Signage Funding Request
Phillip Costello is requesting $278.73 for sign posts for the signage project. This project
is in the SE quadrant.
Please see attached proposal.
7. CMN Land Donation: Mike Morgan
8. Informational - R & P Electroplating: Hugh Earnest
9. Regional Park Update: Connie Edmonston
10. Adjournment
Upcoming City Council Items:
July 17:
July 17:
Resolution to approve a lease with The Urban Table, LLC for the patio within the
Square Gardens on the Town Square.
Resolution approving Parks and Recreation to accept a 50/50 Matching Arkansas
Urban Community Forestry Assistance Grant from the AR Forestry Commission, in
the amount of $10,000 for Red Oak Park stream stabilization project.
Lake Fayetteville Trail Survey by University of Arkansas Intern: See attached report
Attachments:
PRAB Meeting Minutes: May 29th, 2007
PRAB Meeting Minutes: June 4th, 2007
Trail Naming for Mt. Sequoyah Woods
CMN land donation
R & P Electoplating information
Lake Fayetteville Trail Survey
Park Land Dedication Ordinance Fund Monthly Report
CIP Report
HMR Monthly Report
2
FAYETTEVILLE
PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes May 29, 2007
Opening:
A special meeting of the Parks and Recreation Advisory Board met at the Fayetteville
Senior Center located at 945 South College, Fayetteville, Arkansas. The meeting was
called to order at 7:15 by Connie Edmonston, who gave a welcome to the guests and
introduced Dan Coody, Mayor of Fayetteville, Arkansas. Mayor Coody also welcomed
everyone, and spoke about the Southpass Development.
Present:
Parks and Recreation Advisory Board members Colwell, Biendara, Hatfield, Davis,
Burke, Davidson, Mauritson, and Bitler were present. Park Staff Edmonston, Coles,
Jumper, Patterson, Thomas, Wright and audience were in attendance.
The presentation was given by Southpass Development and their consultants. The floor
was then opened for questions and comments.
1. Approval of park land dedication requirements in concept for South Pass
Development.
Staff has worked with the developers to designate areas for park land within the
development to meet the park land dedication requirements. The final number
of residential units are not known at this time; however approximate boundaries
for park land have been identified on the plan. The developers are requesting to
bank the park land and dedicate portions as phases are developed.
A citizen asked about the timeframe for breaking ground.
John Nock said they were just starting the process. It will possibly be in the winter of this
year. The work will be done in phases. Phase I will be the laying the groundwork of the
infrastructure, such as the main roads, water and sewer, etc.
A citizen asked about the total number of house units to be build in the area, and where
the kids would go to school.
Nock said there is a proposed site for an elementary school. There would be
approximately 2500 to 3000 units- probably under 10,000 people. The number of units
will depend on the unit size, rentals, owners of homes, etc.
A citizen asked if the developers will have any control over what the City does, such as
maintaining the parks.
Nock responded that the goal is to make a great destination to go to, and a good place for
homes. Mechanisms will be established for control during the process of developing the
phases.
A citizen asked if Southpass would be the principal contractor.
Nock responded that there would be a variety of contractors, all bringing in different
ideas, but using the original concept of the master plan. This is to keep harmony for
everything in the plan.
A citizen wanted to know how the finances would be handled.
Nock replied that they want to make sure everything is moving forward as planned, not
stalling. They want everything in tandem. Everything needs to be done legally, including
restrictions.
Burke asked about what type of trails would be available.
Nock replied that there would be trails that made you feel you were out in the middle of
nowhere. There will be a variety of trails. Some would be left as nature made them, and
others would be man made.
Terry Lawson from the Fayetteville Fire Department was concerned about the parking.
He said it looked like the only parking available was along streets. He wanted to know if
parking lots would be available for events.
Rob, one of the Southpass consultants, said there would be lots of parking adjacent to the
playing fields. He said that what looks like streets on the plan are actually parking areas.
There would be approximately 2200 parking spaces.
A citizen from the audience said they liked the idea of trails.
Dwayne Wolchen, one of the founders of the Fayetteville Natural Heritage Association,
said he believes in the concept of trails.
A citizen asked whether there would be another traffic interchange in the area of the
community park.
Nock replied that there probably would not be since there are two close interchanges in
the area.
Edmonston then told the basic history of this community park. In 1999-2000, the steering
committee of approximately fifty people finalized the Ten Year Park Master Plan. The
number one item they wanted to achieve was to develop a one stop recreation area. The
regional park plan was developed and the ten year master plan was adopted. The
committee evaluated sites, and the Cato Springs site was chosen. The plan went through
several different groupings, and came up with this Master Plan. Edmonston would like
the PRAB to approve Southpass and to approve the acreage. She then passed it to Wade
Colwell, the chairman of the PRAB.
Colwell asked if there were any more comments.
Biendara asked if they were accepting 200 acres and banking the rest.
Mauritson said that the 200 acres in the initial phase were a gift. The rest of the acres
would be phased in.
Bitler asked how many acres would there be after the initial phase.
Nock said 150 to 200 acres.
Davis asked if they were approving the 200 acres now, then phasing in the other acreage.
Nock replied that the other acres would be banked and set aside for the future. Each
phase is an unknown number of acres at this time, because the development has to meet
all City requirements each time.
Edmonston said once the concept was approved, the development will be carried
through.
Davidson then asked who would fund for the initial development, such as soccer fields.
Edmonston said that Parks would.
Nock said that they want to get project done so the community would benefit. He said
that the City and the developer would help each other out initially, but eventually City
would be on its own.
Davidson explained that he was not opposing, but he had a concern. This community
would be an improvement, but he didn't want people looking at it thinking we didn't
need all the other soccer fields in Fayetteville, because we do.
Bitler queried what the initial cost would be.
Edmonston replied that it would be around 14.8 million for the complex. This cost does
not include the infrastructure, because those figures are not known at this time. If the
community wants it, we can do it. There may be possible donations of land. This is the
biggest project that Parks and Recreation has undertaken ever. The economic impact for
Fayetteville will be great.
Davis said that it looked like there were eight soccer fields on the screen.
Edmonston replied that there were twelve full size fields at the new park.
PRAB Motion: Davis motioned to accept the 240 acres that is in exhibit on page
nineteen of the Southpass master plan booklet. On page twenty is the potential
parkland that will be banked for the future. Mauritson seconded it. Motion passed
8-0-0.
2. Approval of the regional park master plan:
South Pass and their consultants will present the master plan for the regional
park.
PRAB Motion: Mauritson motioned to accept the regional park master plan.
Davidson seconded it. Motion passed 8-0-0.
3. Adjournment
Meeting adjourned at 8:45.
FAYETTEVILLE PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes June 4, 2007
Opening:
The regular meeting of the Parks and Recreation Advisory Board was called to order by
Chairman Wade Colwell at 5:40 P.M. on June 4, 2007 in Room 111 of the City
Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
Present:
Park and Recreation Advisory Board members Colwell, Davidson, Burke, Davis,
Biendara, Mauritson, Hatfield and Bitter were present; Park Staff Edmonston, Coles,
Wright, Jumper, and Thomas, Trails Coordinator Mihalevich and audience.
1. Approval of May 7th, 2007 PRAB Meeting Minutes
PRAB Motion: Davidson moved to approve as written, and Hatfield seconded
the motion. Motion passed 7-0-1 by voice vote with Davidson abstaining.
2. Copper Creek Park Land Naming Recommendation:
This item was tabled from the May 7 PRAB meeting according to the Naming of
Park Facilities Policy that allows for public input during the month the park
name is tabled.
Parks & Recreation Staff Recommendation: Name the park David Lashley
Park.
Please see attached document regarding David Lashley.
PRAB Motion: Davis moved to accept Staff recommendation, and Burke
seconded it. Motion passed 8-0-0 by voice vote.
3. Arkansas Canoe Club Proposal for use of Lake Fayetteville, Bill Herring,
President, Northwest Arkansas Chapter
Representatives of the Arkansas Canoe Club will be present to discuss a proposal
concerning a sport called Boatball at Lake Fayetteville. A presentation about the
sport and fee will be presented at this meeting.
Parks & Recreation Staff Recommendation: Staff Recommendation will be
presented at the PRAB Meeting on Monday, June 4, 2007.
Bill Herring did a presentation on Boatball. He says there are approximately 200
members in Northwest Arkansas. It is an activity promoting paddle sports. Many
times when members are playing, a crowd gathers to watch them. It promotes
boat safety. Mr. Herring would like Boatball to be a recurring event at Lake
Fayetteville. The club would like to pay for twenty to thirty members at a time.
The Northwest Arkansas Chapter gets most of their funds from the state. They can
afford to pay in the $200 to $300 range.
Colwell asked if the group had had comments from fishermen.
Herring replied that they had had no complaints.
Davis asked where they would be playing in the lake.
Herring said they would be approximately halfway between walkway and launch
ramp.
Colwell said that when we charge fees to soccer teams, etc, it's to maintain the
grounds. With Boatball only affecting the water area, he would like to propose no
fees for members playing the sport, but just the fishermen. He said maybe a
couple of cleanup days at the park could be scheduled in the spring and fall, in
order for the Boatball members to contribute to the maintenance of the park.
Davis asked Herring what fee they were being charged.
Herring replied that they were paying the regular day fee.
Hatfield inquired as to how often they would play.
Herring said one to two times a week, probably between 5:30 and 6:00.
Hatfield asked Herring if this area was a good place to play.
Herring replied that it was a great place to play.
Colwell then suggested that the fee be removed for the members, and that they
buy snacks at the boat dock in lieu of the fee.
Edmonston said that the snack money revenue doesn't come back to Parks.
Wright suggested that this program be treated like a pilot program, and move
slowly to work out glitches. Wright then passed out a draft of "Arkansas Canoe
Club's Agreement with Fayetteville Parks and Recreation to offer Boatball as a
Pilot Recreation Program at Lake Fayetteville". Wright suggested that the group
would meet and launch as a group, and go to the part of the lake that was
designated for them. After playing, they would then return as a group. There
would be no fee for the group.
Davis asked how that would be enforced.
Wright said the group would enforce it.
Herring told them that other people joining the group while a game was in
progress have not been an issue in the past, so he is not anticipating a problem.
Wright said that if the Park Board approves this request, then he, Edmonston, and
Herring would sit down and iron it out. The program for this year would be April
through October, and possibly changing to fourteen week intervals.
Edmonston then said that Boatball and other sports such as Ultimate Frisbee and
baseball clubs fall in the same area. The sports that are in place now are charged
$7 per player.
PRAB Motion: Davis motioned to approve Boatball as an approved sport at Lake
Fayetteville. Mauritson seconded it. Motion passed by voice vote 8-0-0.
4. Mt. Sequoyah Woods Trail Naming Recommendation: Phillip Costello
After consultation with the Trails Coordinator, it was determined that names of
trails within parks do not have to be approved by the Trails and Sidewalks
Committee.
Please see attached maps and document regarding the naming of trails in Mt.
Sequoyah Woods.
Phillip Costello, of Boy Scout Troop 460, would like to rename several trails. Mt.
Sequoyah Woods contains a network of trails, some of which lead out of the park
onto private property. Because successive owners of the land have given different
names to the trails, the map at the trailhead and the signs along the trails are in
conflict. This makes it difficult for hikers not familiar with the trails to find their
way around the park and avoid private property. He would like to propose (per a
map he presented) to rename several trails. After meeting with Staff, trails shown
in white on the map should be main trails. The other trails should be secondary
trails.
Colwell asked how the trails would be remarked.
Costello replied that signs and possibly blazes would be used. They would be
painted different colors, and would be on posts.
Colwell suggested that the signs be put up at least seven feet, so no one would
bump them.
Davidson asked what we would do with the existing blazers.
Costello said they would be removed.
Colwell asked how the project would be funded.
Costello wasn't sure.
PRAB Motion: Colwell motioned that this request be tabled until next month.
Mauritson seconded it. Motion passed 8-0-0 by voice vote. Costello is to bring
information on how his project will be funded, a list of materials he will need, and
anything else he learns about the project to the next PRAB.
Additional discussion:
Mihalevich commented that in the area that was just discussed -some areas are fairly
steep and need drainage. He asked the board if this area was going to be improved,
or left as is.
Colwell replied that he would like to see some improvement.
Bitler said he would like to see trails developed in the area.
5. Park Land Dedication
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
Alison Jumper, Park Planner
Walnut Valley
Rausch Coleman
Rausch Coleman Homes
North of Hwy. 62 on the west edge of the
city limits
SW
194 single family units
50 acres
4.7 acres
$ 186,240
Park land in Walnut Crossing (5 acres)
Money in lieu, administration and design of
Walnut Crossing park land development
(see letter from developer), and coordination
with Trails Coordinator for easement for
trail corridor within existing 80' gas
easement.
Money in lieu, administration and design of
Walnut Crossing park land development,
and coordination with Trails Coordinator for
easement for trail corridor within existing
80' gas easement.
The existing park land and trail corridor
located within a half mile of the
development will adequately serve the
recreational needs of the residents. Staff
will work closely with the developer on park
design. The park design process will follow
the City's typical neighborhood park process
which includes public meetings and input
from the neighbors regarding recreational
needs. The master plan must be presented
and approved by PRAB and will be
developed to the City's standards.
Davidson wanted to know if the work would be outsourced.
Jumper replied that it would be, because Parks is unable to do it in the timeframe
needed.
Hatfield wanted to know why Staff was recommending this project.
Edmonston replied that the developer wanted to move on. She also said that we
would prefer to do the job in-house, but in order to get the project done more
quickly; it needed to be outsourced.
Hatfield asked what the anticipated design fee would be.
Jumper replied that there would be no design fee.
Colwell commented that their budget was $186,240, which would mean that the
board would have to approve the design.
Edmonston said that Staff would be inspecting it. The contractor would submit bids
to us, and it would be bid normally. We would have a contract. Also, if all the funds
were not used, the unused funds would go back to the Park Quadrant fund.
PRAB Motion: Colwell motioned that the Staff recommendation be accepted.
Mauritson seconded it. Motion passed 7-1-0 by voice vote, with the no vote given
by Burke.
6. Park Land Dedication
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Alison Jumper, Park Planner
Davidson Subdivision
H2 Engineering
Kelly and Randy Davidson
North of Township, West of Old Wire Road
NW
21 single family units
5.57 acres
0.5 acres
Money in Lieu Requirement
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
$ 20,160
Gulley Park (27 acres)
Money in lieu
Money in lieu
Gulley Park is located within one half mile
of this development and will adequately
serve the recreational needs of the residents.
PRAB Motion: Colwell motioned that we accept the money in lieu. Davidson
seconded it. Motion passed 8-0-0 by voice vote.
ADDENDUM TO AGENDA:
Park Land Dedication
Development Name:
Engineer:
Owner:
Location:
Park District:
Units:
Total Acres:
Land Dedication Requirement:
Money in Lieu Requirement
Existing Parks:
Developer's Request:
Staff Recommendation:
Developer's Comments:
Justification:
Alison Jumper, Park Planner
College Ave. Townhomes
Bates and Associates
Broyles Development
East of College Ave, north of Township
NE
20 single family units
2.34 acres
0.48 acres
$ 19,200
None
Money in lieu
Money in lieu
The land requirement for this development
is not adequate for a neighborhood park.
Potential for expansion is limited due to
surrounding development.
PRAB Motion: Biendara motioned that they accept the money in lieu. Mauritson
seconded it. Motions passed 8-0-0 by voice vote.
7. Adjournment:
Colwell adjourned the meeting at 6:45 P.M.
Minutes prepared by Melanie Thomas
Proposal to Install Signs and Blazes at Mount
Sequoyah Woods Trails
Presented to Fayetteville Parks and Recreation Advisory Board
Phillip Costello
Boy Scout Troop 460
June 27, 2007
Problem:
Mount Sequoyah Woods contains a network of trails, some of which lead out of
the park onto private property. Because successive owners of the land have given
different names to the trails, the map at the trailhead and the signs along the trails are in
conflict. This makes it difficult for hikers not familiar with the trails to find their way
around the park and avoid private property.
Objectives:
The objectives of this project are to allow hikers who want to stay on designated
trails in Mount Sequoyah Woods to easily navigate the trail system, stay on the trails they
are interested in hiking, and avoid trails to private property. The project does not attempt
to prevent access to non -designated trails.
Components:
Signs:
The signs and posts were designed to minimize required maintenance and ease
installation. The signs will be made of composite decking material (nominal 5/4" x 6").
wider signs will have an additional strip attached to the back to prevent bowing. The
letters will be 1.5" tall and carved into the boards using a router and templates. Roy
Tillery, a custom housing builder and alumnus Eagle Scout from Troop 460, has offered
to donate his time and use of his equipment to do the routing.
The signs will be mounted on 6 -foot long U -channel steel posts (2 lb/ft) of the
sort used for street signs. Alternately, 1.12 lb/ft U -channel posts could be used to reduce
costs. Posts will be driven into the ground using post drivers, with a targeted depth of
penetration of 2 ft, leaving the posts projecting 4 ft above the surface.
The proposed trail sign locations are shown on the attached map. The text and
width of each sign is listed on the attached table. Number of signs was minimized —
blazes were relied upon to direct hikers wherever possible.
Blazes:
The trail will be blazed with 2V2" squares of enameled sheet metal of the type
used for steel roofing and siding. Six colors of the metal stock have been donated by
Metal Express, Lowell, Arkansas. The blazes will be nailed to trees at about the 5.5 ft
level using 2" galvanized nails. A clearance will be maintained between the nail heads
and the tree bark to allow future growth of trees, as suggested by Tim Ernst. Blazes will
be spaced so that successive blazes are just within sight of each other (about 50-100'
apart). Additional blazes will be added in potentially confusing areas of the trail.
Distinct colors will be used for each named trail, with a color code consistent with
legends on future maps.
Map:
A map will be produced for the trailhead kiosks after the signs and blazes have
been installed. The map will utilize existing GPS coordinate data held by the park and
will display the updated trail names and use a legend for the individual named trails that
is color consistent with the blazes.
Expenses:
Item
Composite deckboard, 16 ft
U -channel posts (6 ft, 2 lb/ft)
carriage bolts, 1/4" x 3" (box 100)
1/4" nuts, box of 100
1/4" washers, box of 100
2" galvanised nails, 1Ib box
Enameled sheet metal, sq. ft.
Sign Text:
Qty.
2
16
30
30
30
4
60
(, represents a blaze in appropriate color.)
Symbol
A
8
C
D
E
F
G
Sign Type
Mt. Sequoyah Trailhead —.
Vernal Pool
Happy Hollow'frailhead
Happy Hollow Trailhead
f-�->
♦y
Price Sub
Ea. Total
$ 29.00 $ -
Comments
Donated by Greenland Composites
$ 17.42 $ 278.73 Price quoted by NWA Sign Shop
Donated by Broyles Development
$ 0.17 $ -
$ 0.05 $
$ 0.05 $ -
$ 1.28 $ -
$ 1.85 $ -
Total $278.73
Number
Required Width
t 20"
1 10"
1 20"
1 20"
1 15"
3 10"
7 10"
Total: 15
Donated by Metal Express
Sign Locations:
Intersection Sketches:
(Numbers indicate intersection number; letters indicate sign text; arrows marked with no
letter are signs of type E -G).
Avoid wide, steep
trail
Use blazes
Use blazes
ID
Confusing
intersection
Ir-------...
Sharp tum
Not obvious
Use blazes
AIlow hikers to
get oriented at
trailhead
STEELE CROSSING INVESTMENT III, LLC
P.O. Box 22407
LITTLE ROCK, ARKANSAS 72221-2407
(501) 219-0919 TELEPHONE
(501) 219-0755 FAX
July 5, 2007
City of Fayetteville Parks Board
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Contribution of Nature Trail Lands — CMN Business Park II, Phase III
Ladies and Gentlemen:
This letter will confirm the intent of Steele Crossing Investment III, LLC ("Owner"), the
owner of certain lands located in CMN Business Park II, Phase III, to donate certain lands
located within the Deed Restricted Area to the City of Fayetteville for use in conjunction with
the development of the trail along Scull Creek. The Owner proposes to deed the Restricted Area
shown on Exhibit A to this letter (the "Property") to the City in fee simple absolute for use by the
City subject to the restrictions and obligations imposed on the Property under the Restrictive
Covenants for CMN Business Park II, Phase III, dated August 29, 2005, and field of record as
Instrument 2005-0038911 on September 1, 2005, in the records of Washington County,
Arkansas, a copy of which is attached (the "Restrictions").
Under the Restrictions, the Property must be used in a manner consistent with the
existing restrictions imposed on the property under the Section 404 Permit issued by the Army
Corps of Engineers which is attached as an exhibit to the Restrictions. Under the Permit, the
Corps of Engineers required certain monitoring for a period of five years following the date of
issue. Although the original five year period has expired, with the construction of the bridge for
Van Asche across Scull Creek, the Corps, as a condition to its approval of the extension of the
permit for the construction of the bridge, has extended the monitoring obligations an additional
two years post construction. Upon acceptance of the Deed, the City would be responsible for the
monitoring and obligations of the owner of the Property under the Restrictions and Section 4040
Permit. The assumption of these obligations will be set forth on the deed to the City.
The final determination of the area of the Property to be donated will be determined by
the Owner and the City taking into account any portion thereof needed by the Owner in the
development of the remaining property for use as set backs, buffers, landscape barriers, canopy
requirements and other needs. The contribution would occur on or before December 31, 2007.
As an additional condition to the contribution, the Owner will have the Property
appraised and City will acknowledge the value of the Property as set forth in the appraisal and
will execute such documentation as required by the Internal Revenue Service to substantiate the
donation of the Property to the City.
We are very excited about the opportunity to make this gift to the City and contribute to
the Property to the development of the Fitness Trail and preservation of the Scull Creek Area for
the benefit of the City and its residents.
If you have any questions, please do not hesitate to call me.
Sincerely,
Steele Crossing Investment III, LLC
Leonard Boen, Manager
cc: Mr. Mike Morgan, McClelland Engineering
2
STEELE CROSSING INVESTMENT III, LLC
P.O. Box 22407
LITTLE ROCK, ARKANSAS 72221-2407
(501) 219-0919 TELEPHONE
(501) 219-0755 FAX
July 5, 2007
City of Fayetteville Parks Board
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Contribution of Nature Trail Lands — Lots 8-14, CMN Business Park II, Phase I
Ladies and Gentlemen:
This letter will confirm the intent of Steele Crossing Investment I, LLC, RFI, LLC, CMB
Properties, LLC and Davis -Steele Crossing, LLC (collectively, the "Owner"), the owner of
certain lands located on parts of Lots 8 and 14, CMN Business Park II, Phase I, to donate certain
lands located within the Deed Restricted Area to the City of Fayetteville. The Owner proposes
to deed the Restricted Area shown on Exhibit A to this letter (the "Property") to the City in fee
simple absolute for use by the City subject to the restrictions and obligations imposed on the
Property under the Restrictive/Protective Covenants and or Bill of Assurance for CMN Business
Park II, Phase I & II, filed of record in the records of Washington County, Arkansas, as well as
the Deed Restrictions described in the Notice of Deed Restrictions initially filed December 14,
1999 (the "Restrictions").
Under the Restrictions, the Property must be used in a manner consistent with the
existing restrictions imposed on the property under the Section 404 Permit issued by the Army
Corps of Engineers which is attached as an exhibit to the Restrictions. Under the Permit, the
Corps of Engineers required certain monitoring for a period of five years following the date of
issue. As evidenced by the letter of the Corps of Engineers dated February 16, 2007, the
required mitigation has been successfully completed and the monitoring period has expired.
Upon acceptance of the Deed, the City would be responsible for the monitoring and obligations
of the owner of the Property under the Restrictions and Section 404 Permit. The assumption of
these obligations will be set forth on the deed to the City.
The final determination of the area of the Property to be donated will be determined by
the Owner and the City taking into account any portion thereof needed by the Owner in the
development of the remaining property for use as set backs, buffers, landscape barriers, canopy
requirements and other needs. The contribution would occur on or before December 31, 2007.
As an additional condition to the contribution, the Owner will have the Property
appraised and City will acknowledge the value of the Property as set forth in the appraisal and
will execute such documentation as required by the Internal Revenue Service to substantiate the
donation of the Property to the City.
We are very excited about the opportunity to make this gift to the City and contribute to
the Property for the further preservation of the Mud Creek Area for the benefit of the City and its
residents.
If you have any questions, please do not hesitate to call me.
Sincerely,
Steele Crossing Investment II, LLC
Leonard Boen, Manager
RFI, LLC, CMB Properties, LLC
and Davis -Steele Crossing, LLC
Jim Irwin, as Agent
cc: Mr. Mike Morgan, McClelland Engineering
2
STEELE CROSSING INVESTMENT III, LLC
P.O. Box 22407
LITTLE ROCK, ARKANSAS 72221-2407
(501) 219-0919 TELEPHONE
(501) 219-0755 FAX
July 5, 2007
City of Fayetteville Parks Board
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Contribution of Nature Trail Lands — Lot 5, CMN Business Park II, Phase I
Ladies and Gentlemen:
This letter will confirm the intent of Irwin Real Estate Investors, LLC, LLEJ VII, LLC,
CNRK, LLC, CMB Properties, LLC and Davis -Steele Crossing, LLC (collectively, the
"Owner"), the owner of certain lands located on parts of Lot 5, CMN Business Park II, Phase I,
to donate certain lands located within the Deed Restricted Area to the City of Fayetteville. The
Owner proposes to deed the Restricted Area shown on Exhibit A to this letter (the "Property") to
the City in fee simple absolute for use by the City subject to the restrictions and obligations
imposed on the Property under the Restrictive/Protective Covenants and or Bill of Assurance for
CMN Business Park II, Phase I & II, filed of record in the records of Washington County,
Arkansas, as well as the Deed Restrictions described in the Notice of Deed Restrictions initially
filed December 14, 1999 (the "Restrictions").
Under the Restrictions, the Property must be used in a manner consistent with the
existing restrictions imposed on the property under the Section 404 Permit issued by the Army
Corps of Engineers which is attached as an exhibit to the Restrictions. Under the Permit, the
Corps of Engineers required certain monitoring for a period of five years following the date of
issue. As evidenced by the letter of the Corps of Engineers dated February 16, 2007, the
required mitigation has been successfully completed and the monitoring period has expired.
Upon acceptance of the Deed, the City would be responsible for the monitoring and obligations
of the owner of the Property under the Restrictions and Section 404 Permit. The assumption of
these obligations will be set forth on the deed to the City.
The final determination of the area of the Property to be donated will be determined by
the Owner and the City taking into account any portion thereof needed by the Owner in the
development of the remaining property for use as set backs, buffers, landscape barriers, canopy
requirements and other needs. The contribution would occur on or before December 31, 2007.
As an additional condition to the contribution, the Owner will have the Property
appraised and City will acknowledge the value of the Property as set forth in the appraisal and
will execute such documentation as required by the Internal Revenue Service to substantiate the
donation of the Property to the City.
We are very excited about the opportunity to make this gift to the City and contribute to
the Property for the further preservation of the Mud Creek Area for the benefit of the City and its
residents.
If you have any questions, please do not hesitate to call me.
Sincerely,
Irwin Real Estate Investors, LLC,
CNRK, LLC, CMB Properties, LLC
and Davis -Steele Crossing, LLC
Jim Irwin, as Agent
LLEJ VII, LLC
Leonard Boen, Manager
cc: Mr. Mike Morgan, McClelland Engineering
2
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Scull Creek Trail 0'�00 20 0 •
APR -26-2007 THU 02:57 PM
Regulatory Office
FAX NO.
OEPA RTMENT OF THE ARMY
LITTLE ROCK DISTRICT. CORPS OF ENGINEERS
POST OFFICE BOX 667
LITTLE ROCK, ARKANSAS 72203-0067
www.swl.usace_mll/
File No. 11252-3
FEB 1 6 2007
P. 02
Michele A. Harrington, P.A.
Harrington, Miller, Nei -muse S Kieklak
113 E. Emma Avenue
P.O. Box 687
Springdale, Arkansas 72765-0687
Re: CMN Business Park II
Dear Ms. Harrington:
Please refer to your letters concerning the Section 404 permit issued for the CMN
development and the associated mitigation and monitoring requirements for the project.
The mitigation and monitoring for Phases I and II of the project have been fully
completed. We have reviewed the 5 '-year monitoring report and the preliminary wetland
asessment, and have also performed several site inspections. We have determined that the
mitigation for Phases I and II has been successful and is in compliance with the permit
conditions. There are no further mitigation requirements for these project areas.
Several of the mitigation activities within the Phase III area of the project have been
completed as required. However, some or the proposed stream mitigation activities within Scull
Creek could not be done until construction of the Van Asche Bridge. Therefore, a portion of the
Phase III mitigation work still needs to be undertaken and monitored. This work would include
stream restoration and enhancement through the bridge area with installation or a minimum flow
channel, rock deflectors, and tree revetments. Monitoring of the Phase III mitigation would be
required for two years after completion of the work. -_
The completed mitigation and deed restricted areas within the project may be donated to
the Northwest Arkansas Land Trust for future environmental stewardship of the area. Further, if
the land trust intends to retain responsibility for completion of the Phase III mitigation work, then
the Phase ITI area could also be donated to the land trust. This is provided that the Section 404
permit is transferred to the land trust. The Land Trust Board of Directors would need to sign the
transferee line of the permit and then submit it to Corps so that a permit transfer letter could be
issued.
We appreciate the good cooperation from you and your clients throughout this successful
mitigation project. If you have any questions about the permit, please contact Rocky Presley at
(417) 334 4101. Mr. Kyle Clark at our Rogers office will be handling further compliance for the
remaining mitigation work within Phase III. Future monitoring reports should be submitted to
APR -26-2007 THU 02:58 PM
FAX NO.
Mr. Clark at the following address: Rogers Field Office, 2260 North 2id Street, Rogers, AR
72756.
Sincerely,
Copy Furnished:
Steele Crossing POA
64 W. Colt Square
Fayetteville, Arkansas 72703
Mr. Manuel Barnes
EOIS, Inc.
314 South Main Street
B nt nville, AR 72712-5903
Je. Harris, P.E.
Chief, Regulatory Office
P. 03
