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Home My WebLink About227-05 RESOLUTION• • RESOLUTION NO. 227-05 A RESOLUTION TO APPROVE AN AGREEMENT FOR PRESERVATION AND USE OF THE NORTHEASTERN PORTION OF LAKE FAYETTEVILLE PARK WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to preserve the Northeastern portion of Lake Fayetteville Park mainly in its natural state for use of citizens and for school children using the Nature Study Center; and WHEREAS, the City of Fayetteville and the Fayetteville School District wish to extend and formalize this preservation efforts through a written agreement. NOW, THEREFORE, 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 the Separate Agreement For Preservation And Use Of Northeastern Portion Of Lake Fayetteville Park (attached as Exhibit A) and authorizes Mayor Coody to sign this agreement. PASSED and APPROVED this the 6th day of December, 2005. ATTEST: By •.'`'ORK1T Rt''t,, S‘c: GY�0,•cS,G,pos :U•'A"s :F AY DTEVILLE' - ys.9RKANSPcD't '' ,tN7t) GN G�,`e "auoiu,u'i` By: APPROVED: Ara DAN CO S D , Mayor • • SEPARATE AGREEMENT FOR PRESERVATION AND USE OF NORTHEASTERN PORTION OF LAKE FAYETTEVILLE PARK Pursuant to the Resolution of April 17, 1973, by the Fayetteville City Board of Directors (attached as Exhibit A) and Ordinance No. 3898 passed by the Fayetteville City Council on June 20, 1995; the City of Fayetteville and Fayetteville School Board agree as follows: 1. The Northeastern portion of Lake Fayetteville property (west of Highway 265) as described in paragraph 2 of the Joint Lease Agreement between the parties shall remain preserved, maintained primarily in its natural state, and developed primarily as a Nature Study Center for the use of the Fayetteville and Springdale School Districts and as a natural park area for Fayetteville citizens. 2. Access for other educational and scientific study shall not be unreasonably denied to the University of Arkansas and similar educational institutions. 3. The Lake Fayetteville Trail shall remain accessible and available to Fayetteville citizens at all times while Lake Fayetteville Park is open. Interior trails near the School District's Nature Study Center shall similarly be accessible and available to all Fayetteville citizens except when exclusive use by Fayetteville or Springdale School students is needed for safety, educational or scientific reasons. 4. No construction or enlargement of any facilities, buildings, roads, parking lots, trails, or other development within the leased area shall be allowed without written consent of the City. The term of this agreement shall be the same as the Joint Lease Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands this lD 4h day of &etebe 2005. 1atgrnlott- FAYETTEVILLE SCHOOL DISTRICT CITY OF FAYETTEVILLE, ARKANSAS By: a M. easasassL By: n Coady, Mayor ATTEST: ATTEST: E' a- j ykte.. By Sondra Sant nrr41�� •0' :FAYETTEVILLE: F. - z Yd '9;QKANS 4:%� 4v''.i;;;�TON��CP • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 6 -Dec -05 • City Council Meeting Date Connie Edmonstor f Parks & Recreation Operations Division Submi ed By Action Required: as Wes /05 Zz 7 4itoitt 4y rc.e mai. t Department A resolution approving a Separate Agreement with the Fayetteville School Distnct for preservation and use of the northeastern potion of Lake Fayettevile Park known as the Environmental Study Center. n/a Cost of this request Account Number Project Number Budgeted Item Category/Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name 11 kS- Get Departmerft Director Date City Att mey 1/- f'7 0f Finance and Internal Service Director Date AdiC/4* 6;0/ Wide_<_ Mayor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 3898 'Received in Mayors Office Comments: ftCouncil Meeting of December 6, 200 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor Dan Coody and City Council Thru: Gary Dumas, Operations Director { From: Connie Edmonston, Parks and Recreation Director, 4. Date: November 14, 2005 Subject: Separate Agreement with Fayetteville Public Schools for the preservation and use of 200 acres in the northeastern portion of Lake Fayetteville Park RECOMMENDATION Parks and Recreation Staff recommends approval of a Separate Agreement with the Fayetteville School District for preservation and use of 200 acres in the northeastern portion of Lake Fayetteville Park as established by Ordinance 3898. BACKGROUND Resolution 34-73 was passed by City Council in 1973 allowing the Fayetteville and Spnngdale School Districts to reserve and maintain 200 acres on the northeastern side of Lake Fayetteville as a nature study area. This area has been known as the Lake Fayetteville Environmental Study Center. In the 1970's, a nature study complex was constructed, including trails and fishing piers, by the school districts to be utlized as an outdoor education center. Fayetteville and Springdale School Districts each employ science teachers to conduct a science curriculum for school age children at the Study Center. In 1995, City Council extended the agreement in Ordinance Number 3898 to constitute a period of 50 years (2045). DISCUSSION A Separate Agreement was drafted by our City Attorney to convey the following four areas of agreement with the Fayetteville School District on the use of the northeastern portion of Lake Fayetteville: 1. The northeastern portion will be maintained primarily in its natural state and used as a natural park area. 2. Access for other educational and scientific study shall not be unreasonably denied to the University of Arkansas and similar educational institutions. 3. Lake Fayetteville Trail will remain accessible and available to citizens. 4. School must have written consent from the City to construct or enlarge facilities, buildings, roads, parking lots, trails, or other development within the leased area. Fayetteville School Board approved this agreement at their October 27, 2005 meeting. This document clarifies the original agreement adopted with Ordinance 3898. BUDGET IMPACT None. Attachments: Ordinance 34-73 Ordinance 3898 Separate Agreement School Board Minutes October 27, 2005 • • RESOLUTION NO. A RESOLUTION TO APPROVE AN AGREEMENT FOR PRESERVATION AND USE OF THE NORTHEASTERN PORTION OF LAKE FAYETTEVILLE PARK WHEREAS, the City Council of the City of Fayetteville and the Fayetteville School District have long worked together to preserve the Northeastern portion of Lake Fayetteville Park mainly in its natural state for use of citizens and for school children using the Nature Study Center; and WHEREAS, the City of Fayetteville and the Fayetteville School District wish to extend and formalize this preservation efforts through a written agreement. NOW, THEREFORE, 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 the Separate Agreement For Preservation And Use Of Northeastern Portion Of Lake Fayetteville Park (attached as Exhibit A) and authorizes Mayor Coody to sign this agreement. PASSED and APPROVED this the 6th day of December, 2005. ATTEST: 13y: SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor opik • • RESOLUTION WHEREAS, It is the expressed intent of thelFayetteville City Board of Directors to develop Lake Fayetteville and the surround- ing City property as a public use area, and WHEREAS, it is intended that the eastern portion of the Lake property be reserved and developed as a nature study area, and WHEREAS, the Fayetteville and Springdale school districts wish to construct a nature study center on the eastern portion of the Lake property; NOW, THEREFORE, BE IT RESOLVED that the Fayetteville City Board of Directors hereby gives assurance to the school districts that the eastern portion of the Lake property as shown on Lake Fayetteville Development Map extending to Crossover Road will be reserved in its natural state as a nature study area for a period of at least fifty years, and any structures or other improvements installed by the school districts on this property will be pre- served and allowed to remain on the property for nature study purposes for a period of at least fifty years from the date hereof. RESOLVED THIS f-7 DAY OF ATTEST: OAJ APPROVED: , 1973. a/34 r tG MAYOR • • ORDINANCE NO. 3898 SfICROFILMED AN ORDINANCE RESERVING AND MAINTAINING THE EASTERN PORTION OF LAKE FAYETTEVILLE IN ITS NATURAL STATE, AND PRESERVING AND ALLOWING CERTAIN CURRENTLY INSTALLED STRUCTURES TO REMAIN ON THE PROPERTY FOR NATURE STUDY PURPOSES. WHEREAS, it is the expressed intent of the Fayetteville City Co1ncil to maintain Lake Fayetteville and the surrounding city property as a public use area; and, WHEREAS, it is the desire of the people of Fayetteville to reserve and maintain the eastern portion of the lake property as a nature study area; and, WHEREAS, the Arkansas Natural Heritage Commission has placed the study center on its Registry of Natural Areas; and, WHEREAS, The Fayetteville and Springdale school districts have constructed a nature study center on the eastern portion of the lake property and have committed to a sustaining investment in facilities and faculty; and, WHEREAS, the Nature Study Center provides an opportunity to increase the educational program for students for environmental concerns and increases the environmental awareness of the general public. NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the eastern portion of the Lake Fayetteville property, shown in Exhibit "A" and made a part hereof, is reserved and is to be maintained in its natural state. ,Section 2. Be it further ordained that any structures or other improvements currently installed by the school districts on this property will be preserved and allowed to remain on the property for nature study purposes for a period of at least fifty years from the date of enactment of this ordinance. PASSED AND APPROVED this day of June , 1995. APPROV / • IL fPo tc.- By: Fred Hanna, Mayor (R, Traci Paul, City Clerk • • • • ,a Iii.44P-511.1 Z444- 4 iv hi. 1''? a",.I.,ttt; RFs orf �f'1 s '�-it: As �- ,, a tt S•t;� ®:4 M4�a: r ! ► No11' IINMAN 7RL. '• NL-:Vtr31 f )AislF.S 131730 ►mini' e. nogg's �O b,-- r t' ?.' rtIti rr .vt O J nt JpW} • .,tlI".• oall v;,11r,4' L'AKE-RO ANDREW AVE a 111r tt tom,' -;.,4. s , lie NWAW 9 • SENE 131730 SWNWI8172 PROPOSED LEASE AREA Nature Trails NESSE131730-• ,.1• • gyp r4 r .4. Id nr -'-•-••fiAKEVIEW'DR i SWSI'.13)730 • �� -... \41 ♦0•, • StS ti 31730 e a Nature Trails NWSW 181729 /" :NS ▪ J 1\. • 1. .ID t J1• j V tN SWSWI81729 I • 7 WI81712 1 i • 51iNW24171' 1 M:• 3.t; 0 262.5 525 1 4WN1.241730 a•- • i . 42t; 1.050 SFN 41730 • Feet 1.575 2.100 N SWNW 19172SE '1917;1 ON RD logs freers the 'scs er27, c( L Dal 'Jr7„L'JG!?IJi/1 Land Purchase The Board voted unanimously to approve a real estate contract for the purchase of 75 acres of land and the donation of 3 acres of land in northwest Fayetteville tiff the future construction of a school. The land is Mated %vest of Deane Solomon Road, north of Mt. Comfort Road, and south of Howard Nickell Road. The price for the land is approximately S4.1 million, and the cost would paid from the district's capital fund collected over the years for land purchases and capital expenditures Lake Fayetteville Agreement The Board voted to approve the continuation of an agreement between the district and the City of Fayetteville regarding the use of the Lake Fayetteville Nature Study Center. Special Education Budget The Board voted to approve the 2005-06 special education budget, which must be approved separately from the district budget according to state regulations. Recognition Ccmgratulations to plwnbcr David Whitaker and journeyman plwnbcr Jason Fowler, who each received Above & Beyond Awards from the Education Committee of the Fayetteville Chamber of Commerce for their work in the schools! Enrollment Distribution Project Susan Anders, chair of the Enrollment Distribution Project committee, reported to the Board on the committee's project. The committee is studying the existing boundary lines for elementary, middle school, and jr. high attendance zones. The committee will make a recommendation to the Board in November. More information on the Enrollment Distribution Project can be found here: lit tp://scluxllcentet.. lavamin/educuiou/de u dept.php?sc. tionid= 1552 Annual Report The 2004-05 Annual Report was presented to the Board as part of the district's annual meeting. The annual report may be viewed at this address• http://w' n..tavar.net/admin/04- 05annualrcfxlrt. One -to -One Update Jefferson principal Tracy Mulycnolt reported to the Board on the One -on -One technology project that began at Jefferson. The project provides each student with a computer at their desk, instead of utilizing computer labs in the school. Mulvenon noted the positive impact the technology has had on test scores at Jefferson. Gray to Retire The Board voted to accept the retirement of associate superintendent Michael Cray, effective June 30, 2006. Clarice Pearman: Res 227-05 • •--.- -- From: Clarice Pearman To: Edmonston, Connie Date: 12/12/05 4:17PM Subject: Res. 227-05 Connie, Attached is the above resolution passed by City Council, December 6, 2005. I will forward to two of the three original agreements via interoffice mail. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki Page 1