HomeMy WebLinkAbout166-14 RESOLUTIONRESOLUTION NO. 166-14
A RESOLUTION TO APPROVE THE BOTANICAL GARDEN LAND LEASE
AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE
OZARKS, INC.
WHEREAS, for almost two decades the Botanical Garden Society and the City of
Fayetteville have cooperated and worked harmoniously to create and improve the Botanical
Gardens of the Ozarks on substantial acreage on the eastern side of Lake Fayetteville Park; and
WHEREAS, an initial twenty five year Lease Agreement for the Botanical Garden was
entered into between the Botanical Garden Society and the City of Fayetteville on September 2,
1997; and
WHEREAS, a replacement twenty five year Land Lease Agreement between the City
and the Botanical Garden Society was agreed to on September 2, 2003; and
WHEREAS, in order to help spur further development of the Botanical Garden and to
better serve Fayetteville citizens, the City of Fayetteville entered into a Contract on July 16, 2004
with the Botanical Garden Society in which the City invested $250,000.00 "to construct the entry
and grounds infrastructure (driveway, parking, walkways, Great Lawn, etc.)" for the Botanical
Garden as well as another $500,000.00 to complete the Carl Totemeier Building; and
WHEREAS, in 2007, the Botanical Garden Society received a $115,128.00 Federal
Grant through the Arkansas Parks and Tourism Outdoor Recreation Grant Program for display
gardens and parking which requires ongoing duties of public availability, nondiscrimination,
maintenance, etc. for the Botanical Garden Society; and
WHEREAS, the parties now wish to modify the leased premises and other provisions of
the lease by entering into a new Land Lease Agreement to replace the existing Land Lease
Agreement of 2003; and
WHEREAS, by their execution of this Land Lease Agreement, the parties wish to
express and confirm their approval of the 2028 Botanical Garden of the Ozarks Master Plan
including the plan for the City to build a new parking lot designated and devoted for City trail
users between the Southeast corner of the premises and Highway 265.
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
and agrees to the Botanical Garden Land Lease Agreement attached to this Resolution and
authorizes Mayor Jordan to sign this Lease Agreement.
PASSED and APPROVED this 2"d day of September, 2414.
"A-]i 619IT1 3
By
Page 2
Resolution No. 166-14
By: c" C�
SONDRA E. SMITH, City Clerk/Treasurer
,�►titiil[[1171ry1
ff ": ! nY; ! v!! _
City of Fayetteville Staff Review Form
2014-0365
Legistar File ID
9/2/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Parks & Recreation /
Byron Humphry 8/14/2014 Parks & Recreation Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of the revised Botanical Garden Society of the Ozarks Master Plan and Land Lease Agreement.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $
Current Balance r$
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution # 129-03 ENTERED
Original Contract Number: " l' �� A roval Date: -�-Jd
11.
Comments: !' J _ + L-f - / -1
CITY OF
lFayrle
AS
MEETING OF SEPTEMBER 2, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Byron Humphry, Parks Maintenance Superintendent
DATE: August 14, 2014
SUBJECT: Botanical Gardens of the Ozarks Master Plan and Lease Revision
RECOMMENDATION:
Approval of the revised Botanical Gardens of the Ozarks Master Plan and Land Lease
Agreement.
BACKGROUND:
On September 2, 1997, City Council approved a Land Lease Agreement with the Botanical
Garden Society of the Ozarks (BGSO) for the purpose of operating a botanical garden at Lake
Fayetteville to serve Northwest Arkansas. On September 2, 2003, the Land Lease Agreement
was redefined and a master plan developed by Portico Group was approved. The lease
boundary extended along the south side of Lake Fayetteville from Highway 265 westward to
Veterans Park, consisting of 82 acres with the western half designated as a non -fee area. The
approved Master Plan utilized and showed development on the entire 82 acres of the lease
boundary.
In December of 2012, BGSO approached City Staff with a proposal to revise the Land Lease
Agreement and Master Plan. BGSO asked to return the non -fee area to the City. They also
requested for the Lake Fayetteville trail to be removed from their lease. The initial draft of the
Master Plan depicted the nature trail relocated to the south side of the asphalt trail with the
BGSO lease boundary extending to the lake. Since BGSO needs to have a barrier along the
lease boundary to control access, the initial draft depicted a barrier that extended to the edge of
the lake. The proposed relocation of the nature trail brought opposition from the public. A
public meeting was held at the Botanical Gardens on April 24, 2013 with 114 citizens attending.
Trail users and advocates pointed out that the nature trail had been located in that area many
years before the first BGSO lease and concerns of leaving the trail in its current location dated
back to 1997 when the original lease was drafted.
City Staff assembled a group of Lake Fayetteville stakeholders to obtain feedback on the BGSO
proposal. Stakeholders were chosen based on their demonstrated interest in Lake Fayetteville
and included representatives from Fayetteville Natural Heritage Association, Ozark Off -Road
Cyclists, Northwest Arkansas Audubon Society, Lake Fayetteville Watershed Association, and
the Environmental Study Center. On February 21, 2013, the stakeholder group met with BGSO
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
and City staff to discuss the proposed plan. At this meeting, based on comments already
received, BGSO presented a revised map that showed the proposed lease boundary set back
from the lake with the nature trail within a narrow corridor between the lease boundary and the
lake. After reviewing the plan, the stakeholders had concerns in three main areas that included:
1) the nature trail location (too close to the lake and in a wet area), 2) wildlife corridor (too
narrow for wildlife and human movement), and 3) wildlife buffer area between the lease
boundary and the lake (too close to a sensitive area of the lake utilized by waterfowl). At the
conclusion of the meeting, we asked each representative to write a letter specifying their
organization's recommendations. BGSO asked City Staff to develop a staff recommendation for
the lease boundary.
City Staff received the letters from the stakeholders and summarized the key recommendations.
Staff also received two letters from an Urban Game Biologist with the Arkansas Game and Fish
Commission who the BGSO had consulted. Based on this input, City Staff developed a
proposed boundary location with key elements that included: 1) a minimum 100 ft setback from
the lake to accommodate wildlife and human traffic between the barrier and the lake, 2) locate
the nature trail approximately half -way between the BGSO proposed location and the current
trail location which will maintain approximately 200 ft buffer to the lake, 3) remove invasive
species and introduce native plants to provide habitat and screening in the buffer area, and 4)
build a boardwalk trail where the trail intersects wet soils to prevent erosion. These elements
represented a compromise of BGSO and stakeholder input.
Some comments suggested that an environmental impact assessment be conducted in the
buffer area where the trail was to be located. City Staff received bids on an assessment with a
low bid of $5,000. After weighing the cost of the assessment and considering what information
would be gained, it was decided that with the expertise of City Staff, stakeholders, and other
outside professionals, enough information already existed to make an informed decision on the
location of the lease boundary and trail alignment. The location is considered one of the most
environmentally sensitive areas of the lake by the Arkansas Game and Fish Commission and
other professionals, and will be developed under the jurisdiction of the US Army Corps of
Engineers.
Once the lease boundary location was agreed upon by BGSO and City Staff, the proposed
Master Plan was refined and the proposed changes to the Lease were drafted by City Attorney
Kit Williams and BGSO's attorney Robert Rhoades. On August 4, 2014, BGSO presented the
proposed Lease and Master Plan to the Parks and Recreation Advisory Board. The board
voted (5-4) in favor of recommending the approval of the Lease and Master Plan. Opposition to
the plan centered on the recommendation to conduct an environmental assessment of the
proposed trail corridor and the cost to the City to build a new bridge and boardwalk through the
wetland.
DISCUSSION:
The proposed BGSO lease area is approximately 37 acres versus the current lease which is 82
acres. The proposed Master Plan contains eight new garden areas, three parking lots and five
buildings and structures, including a 17,000 square foot visitors' center, 6,700 square foot event
pavilion, 2,000 square foot office/restroom, 7,800 square foot community market, and 265 seat
amphitheater. In addition, the City has proposed $190,000 in the CIP Budget in 2015 to build a
new trail -head parking lot adjacent to the southeast corner of the BGSO lease area. The
entrance to this City -built parking lot will serve as a second entrance to the gardens.
2
The proposed lease refers to the proposed Master Plan and sets forth the BGSO responsibilities
to operate, maintain, improve, and promote the Garden. The lease term is until June 30, 2050
with two, 25-year, automatically renewable terms upon mutual consent. Fayetteville residents
will still be provided free access on Saturday mornings from 9:00 am to noon and Fayetteville
School children will have free access for school sponsored, academic visits. The existing City -
built parking lot and the proposed City -built parking lot will be available for public use 24 hours
per day, 7 days per week. All of the City nature trail and most of the paved trail are outside of
the lease boundary. The existing nature trails will remain open to the public and will not be
blocked off with barriers until the nature trail is relocated and the boardwalk is constructed. Staff
will consult the Army Corps of Engineers to determine the most appropriate permitting process
before construction begins. No time frame has been established for beginning work on the
boardwalk.
BUDGET/STAFF IMPACT:
The proposed City -built, trailhead parking lot is requested in the 2015 CIP budget for $190,000.
The relocation of the nature trail will require roughly 750 linear feet of constructed boardwalk.
City staff plans to work with Eagle Scouts to build the boardwalk in which labor and some
materials will be donated. Estimated costs for this new section of boardwalk based on past
Eagle Scout projects is $20,000.
Attachments:
Proposed BGSO Lease Agreement
Proposed BGSO Master Plan
PRAB minutes, August 4, 2104
Stakeholder letters and summary
RESOLUTION NO.
A RESOLUTION TO APPROVE THE BOTANICAL GARDEN LAND LEASE
AGREEMENT WITH THE BOTANICAL GARDEN SOCIETY OF THE
OZARKS, INC.
WHEREAS, for almost two decades the Botanical Garden Society and the City of
Fayetteville have cooperated and worked harmoniously to create and improve the Botanical
Gardens of the Ozarks on substantial acreage on the eastern side of Lake Fayetteville Park; and
WHEREAS, an initial twenty five year Lease Agreement for the Botanical Garden was
entered into between the Botanical Garden Society and the City of Fayetteville on September 2,
1997; and
WHEREAS, a replacement twenty five year Land Lease Agreement between the City
and the Botanical Garden Society was agreed to on September 2, 2003; and
WHEREAS, in order to help spur further development of the Botanical Garden and to
better serve Fayetteville citizens, the City of Fayetteville entered into a Contract on July 16, 2004
with the Botanical Garden Society in which the City invested $250,000.00 "to construct the entry
and grounds infrastructure (driveway, parking, walkways, Great Lawn, etc.)" for the Botanical
Garden as well as another $500,000.00 to complete the Carl Totemeier Building; and
WHEREAS, in 2007, the Botanical Garden Society received a $115,128.00 Federal
Grant through the Arkansas Parks and Tourism Outdoor Recreation Grant Program for display
gardens and parking which requires ongoing duties of public availability, nondiscrimination,
maintenance, etc. for the Botanical Garden Society; and
WHEREAS, the parties now wish to modify the leased premises and other provisions of
the lease by entering into a new Land Lease Agreement to replace the existing Land Lease
Agreement of 2003; and
WHEREAS, by their execution of this Land Lease Agreement, the parties wish to
express and confirm their approval of the 2028 Botanical Garden of the Ozarks Master Plan
including the plan for the City to build a new parking lot designated and devoted for City trail
users between the Southeast corner of the premises and Highway 265.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves
and agrees to the Botanical Garden Land Lease Agreement attached to this Resolution and
authorizes Mayor Jordan to sign this Lease Agreement.
Page 2
Resolution No.
PASSED and APPROVED this 2"d day of September, 2014.
APPROVED:
56-2
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
BOTANICAL GARDEN LAND LEASE AGREEMENT
This Agreement to lease a substantial portion of the east side of Lake Fayetteville
Park to the Botanical Garden Society of the Ozarks, Inc. as shown on the 2028 Botanical
Garden of the Ozarks Master Plan for the continued use and continuing development of
the Botanical Gardens of the Ozarks and to approve the 2028 Botanical Garden of the
Ozarks Master Plan is entered into by and between the City of Fayetteville as landlord
and the Botanical Garden Society of the Ozarks, Inc. (hereinafter the "Botanical Garden
Society") as tenant on this_ day of m
WHEREAS, for almost two decades the Botanical Garden Society and the City of
Fayetteville have cooperated and worked harmoniously to create and improve the
Botanical Gardens of the Ozarks on substantial acreage on the eastern side of Lake
Fayetteville Park; and
WHEREAS, an initial twenty five year Lease Agreement for the Botanical Garden
was entered into between the Botanical Garden Society and the City of Fayetteville on
September 2,1997; and
WHEREAS, a replacement twenty five year Land Lease Agreement between the
City and the Botanical Garden Society was agreed to on September 2 2003; and
WHEREAS, in order to help spur further development of the Botanical Garden
and to better serve Fayetteville citizens, the City of Fayetteville entered into a Contract
on July 16, 2004 with the Botanical Garden Society in which the City invested $250,000.00
"to construct the entry and grounds infrastructure (driveway, parking, walkways, Great
Lawn, etc.)" for the Botanical Garden as well as another $500,000.00 to complete the Carl
Totemeier Building; and
WHEREAS, in 2007, the Botanical Garden Society received a $115,128.00 Federal
Grant through the Arkansas Parks and Tourism Outdoor Recreation Grant Program for
display gardens and parking which requires ongoing duties of public availability,
nondiscrimination, maintenance, etc. for the Botanical Garden Society; and
WHEREAS, the parties now wish to modify the leased premises and other
provisions of the lease by entering into a new Land Lease Agreement to replace the
existing Land Lease Agreement of 2003; and
WHEREAS, by their execution of this Land Lease Agreement, the parties wish to
express and confirm their approval of the 2028 Botanical Garden of the Ozarks Master
Plan including the plan for the City to build a new parking lot designated and devoted
for City trail users on the Southeast corner of the premises.
NOW, 'THEREFORE, the City of Fayetteville and the Botanical Garden Society
of the Ozarks, Inc. hereby mutually covenant and agree as follows:
1. Leased Premises
The City of Fayetteville agrees to Lease the land shown on the attached map
showing the agreed 2028 Botanical Garden of the Ozarks Master Plan (Exhibit A) to
the Botanical Gardens Society of the Ozarks, Inc. which agrees to accept such leased
premises to be used for the purposes normally associated with a botanical garden and
as set forth in later provisions of this lease.
2. Use of Leased Premises
The Botanical Garden Society agrees that it will, as a nonprofit public charitable
corporation, operate, maintain,, improve, and promote the Botanical Garden of the
Ozarks upon the premises on behalf of the City of Fayetteville, its citizens and visitors.
3. Consideration for the Lease
In consideration of the thirty six year lease and any extensions thereof of about 40
acres of City of Fayetteville parkland to the Botanical Garden Society of the Ozarks,
Inc., the City's $750,000.00 investment in 2004 to fund the driveway, parking lot and
completion of the Totemeier Building, and the City's agreement to build a second trail
users' public parking lot on the Southeast corner of the leased premises, the Botanical
Garden Society of the Ozarks, Inc. agrees to:
A. Provide free access to the Botanical Garden of the Ozarks to Fayetteville School
children on official, school sponsored academic visits, except for the Annual
Northwest Arkansas Regional School Education Program and assist in the
botanical education of the students.
B. Provide free access to the Botanical Garden for all Fayetteville residents on
Saturday mornings from 9:00 a.m. to noon. Free access for both Fayetteville
school children and residents does not have to include all displays, areas,
gardens and buildings, but must include at least the Great Lawn, the,
surrounding Display Gardens and the Totemeier Building.
C. Maintain 24 hours a day, seven days a week public access to the existing
parking lot built with City funds for persons desiring to access the Lake
Fayetteville trails. The Botanical Garden Society may use signs and personnel
to direct parkers to the supplemental parking lot once constructed by the City
and available to City trail users.
K
D. Maintain 24 hours per day, seven days a week public access to the proposed
parking lot to be built by the City on the Southeast corner of the premises. This
parking lot shall be devoted to and limited to City trail users, and the City is
empowered to place appropriate signage for this lot and to enforce such
parking restrictions just as with any other City parking lot.
E. Operate, maintain, improve and promote the Botanical Garden of the Ozarks
and all of the premises leased from the City.
4. Lease Term
This lease term shall commence upon the approval and execution by both the
Botanical Garden Society of the Ozarks, Inc. and the City of Fayetteville. It shall
continue for about thirty six (36) years until June 30, 2050, unless sooner terminated
pursuant to this Agreement or by mutual consent of the parties. This Lease
Agreement shall automatically be renewed for a subsequent twenty five (25) year
term unless either party notifies the other party in writing of its desire to terminate
the lease at the end of the initial term by giving such written notice prior to June 30,
2049. This Lease Agreement shall automatically renew for a third twenty five (25)
year term unless either party notifies the other party in writing of its desire to
terminate the lease at the end of the second term by giving such written notice prior
to June 30, 2074. As long as the Botanical Garden Society of the Ozarks, Inc. continues
to successfully operate, maintain and promote the Botanical Garden and has abided
by all of the terms of this Land Lease Agreement, the City shall not unreasonably deny
the subsequent twenty five year lease terms.
5. Botanical Garden Operating Policies
The Botanical Garden Operating Policies shall ensure nondiscriminatory
operating polices for the Garden for all Fayetteville residents and school children.
These policies will be designed to preserve and maintain the integrity of all buildings,
grounds and improvements on the property although the Botanical Garden Society
may alter or remove buildings and improvements when needed for further
improvements, construction or for safety reasons.
6. Botanical Garden Rules and Re lations
The Botanical Garden Society may establish and enforce any reasonable rules and
regulations regarding behavior of visitors to assure the well-being of the plants and
gardens, as well as the safety, comfort and quality of experience for visitors to the
premises and shall provide copies of these rules and regulations to the City. To the
extent permitted by law, either the City or the Botanical Garden Society may exclude
3
objectionable uses, or abusive or offensive persons from all premises subject to this
agreement.
7. Botanical Garden Operation and Supervision
The Botanical Garden Society shall exercise sole operational and supervisory
authority over all grounds, buildings and personnel of the Botanical Garden and over
all such matters, including but not limited to, safety, insurance, planning, plant
acquisitions, displays and gardens, and the purchase, exchange, or acquisition of
additional items to be added to the collection, except as otherwise provided in this
agreement. The Botanical Garden Society at its expense will be responsible for all
maintenance and security associated with the operation of the Botanical Garden,
including equipment, parking lots, and other improvements. The Botanical Garden
Society may not sublet any portion of the property without the express written
consent of the City Council except that the Botanical Garden Society may temporarily
rent areas or buildings for short term special events such as weddings and receptions.
Such events may not interfere with Fayetteville residents' right to access the Great
Lawn, the surrounding gardens and Totemeier Building on Saturday mornings.
8. Trails
The Botanical Garden Society, City of Fayetteville and trail user groups have
agreed to the location of the hard surface and soft surface trails that go past or
through the leased premises as shown on the Master Plan of 2028 (attached). The
Botanical Garden Society agrees to continue to permit and authorize constant and
unimpeded access to these City trails from its current parking lot, the proposed new
trail users' parking lot to be constructed by the City and at other reasonably
designated locations. The City agrees that its trails are publicly accessible and
accessible to patrons, volunteers and employees of the Botanical Garden. Both
parties pledge to continue to work together to minimize any possible adverse effect
that the public City trails and the Botanical Garden could have on each other and to
make all reasonable efforts to ensure that users of the Botanical Garden and the City
trails facilitate, respect and honor each other. The City retains the right to access,
maintain, repair, reconstruct, enhance, and modify trails within the leased premises.
9. Botanical Garden Society of the Ozarks Inc. is an independent entity
The parties agree that the Botanical Garden Society of the Ozarks, Inc. is an
independent entity and nonprofit public charitable Arkansas corporation and will
maintain that status and remain in good standing throughout the lease terms. The
City of Fayetteville has no authority to hire, fire or supervise any Botanical Garden
Society employee. The Botanical Garden Society has the sole authority for selecting,
4
engaging, terminating, fixing compensation, supervising and otherwise directing all
of its personnel, contractors and volunteers.
10. Botanical Garden Master Plan
The Botanical Garden Society of the Ozarks, Inc. has created its 2028 Botanical
Garden of the Ozarks Master Plan which supersedes and replaces all former Master
Plans. By agreeing to this Land Lease Agreement, both the City of Fayetteville and
the Botanical Garden Society agree to, approve of, and adopt the 2028 Botanical
Garden of the Ozarks Master Plan which is attached to this Agreement.
This Master Plan shall be the development guide for future construction,
expansion and improvements to the leased premises. The Botanical Garden Society
shall submit to the City for review site and construction plans for future construction,
alterations and improvements that should be in conformity with the 2028 Master Plan
or any amendments thereto. All such construction must comply with the Unified
Development Code. The 2028 Botanical Garden of the Ozarks Master Plan may be
amended as needed in the future upon the mutual agreement of the Botanical Garden
Society and the City of Fayetteville.
11.Operations and Development must comply with Federal, State and CitX
requirements and restrictions
The Botanical Garden Society acknowledges that certain federal use and operating
restrictions apply to the entire Lake Fayetteville Park property and it agrees to always
be in full compliance with such Federal requirements and restrictions as well as State
or City requirements and restrictions. Specifically the Botanical Garden Society
agrees it will not do any development nor operate in such a manner that would violate
Federal Outdoor Recreation Grants. The Botanical Garden Society agrees to always
use best management practices including obeying all State and City laws and
regulations governing the use of pesticides, herbicides and fertilizers to protect the
quality of water flowing into Lake Fayetteville which is the City's secondary water
source. 'The Botanical Garden Society shall maintain at least a 100 feet minimum
setback from normal water elevation of Lake Fayetteville.
12.Insurance
The Botanical Garden Society agrees to obtain and maintain through the duration
of the lease at its own expense, Commercial General Liability Insurance covering
public liability, bodily injuries, death, products liability and property damage for
damages and expenses arising out of the operation of the Garden.
W
13. Defense and Indemnification
The Botanical Garden Society agrees to defend, indemnify and hold the City, its
officers, employees, agents and representatives harmless against all damages,
expenses, loss or liability from any claim or suit arising or alleged to have risen from
any act or omission of the Botanical Garden Society, its officers, employees, agents or
representatives by reason of the operation of the Garden under this agreement,
including, but not limited to, damage to or destruction of property or injuries to or
death of a person or persons.
14. Selection of Trustees
The Botanical Garden Society agrees that the City Council may appoint one
member of the Botanical Garden Society's Board of Directors. Another member shall
be a current member of the City's Parks and Recreation Advisory Board and a third
member shall be a Parks and Recreation Department employee. The Botanical Garden
Society further agrees to supply the names of those persons elected to the Board of
Directors to the City Clerk as public record. The Board of Directors shall faithfully
and diligently exercise such authority as herein conferred in conformity with the
provisions of this agreement.
15. Nonprofit Corporate Status
The Botanical Garden Society shall file a true and correct copy of its corporate
charter, with amendments, if any, and an accurate and complete copy of its Bylaws
and any amendments thereto, and a copy of the I.R.S. Letter of Determination of I.R.C.
Sec. 501(c)(3) status with the City to be maintained as a public record. In the event of
subsequent amendments to such charter or bylaws, true and correct copies of the same
shall be timely filed with the City Clerk. If the IRS revokes the Botanical Garden
Society's 501(c)(3) status, the Botanical Garden Society shall immediately notify the
City of this occurrence.
16. Financial Reports
The Botanical Garden Society shall provide the City a copy of the financial audit
of the Garden's financial books and records every year. The report will be provided
within ninety (90) days of each completed audit. In addition, the Botanical Garden
Society shall timely provide to the City the yearly operating budget of the Botanical
Garden Society.
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17. Rent, Fees, Concessions and Taxes
The Botanical Garden Society shall have the right to set admission fees to the
Garden as well as fees for optional services such as programs, space rental, etc. Fees
shall be reasonable and in line with similar services available in the tourism market
place.
The Botanical Garden Society shall pay promptly all taxes and license fees of
whatever nature applicable under municipal, state, and federal law. In addition, the
parties agree that the Botanical Garden Society shall indemnify and save the City
harmless from and against any liens or similar liabilities claimed or charges against
the Botanical Garden Society pursuant to the Botanical Garden Society's operation of
the Garden.
18. Remedies for Breach or Bankruptcy
A. Termination of Agreement. The parties agree that if either party materially
breaches or fails to perform its obligations under this agreement; the other
party may give notice in writing of intent to terminate. If the breaching or non-
performing party fails to commence and effect cure in good faith to the
satisfaction of the other party within six months of such notice or such longer
period, if agreed in writing by the parties, the agreement shall be deemed
terminated at the expiration of the sixth month period or other agreed period.
Any request of extension shall not be unreasonably withheld.
B. Bankruptcy. In the event the Botanical Garden Society shall be adjudicated
bankrupt or insolvent or take the benefit of any reorganization of composition
proceedings or insolvency law, or make an assignment for the benefit of
creditors, or if the Botanical Garden Society's interest under this agreement
shall be levied upon or attempted to be attached or sold under any process of
law, or if a receiver shall be appointed for the Botanical Garden Society, then
and thereafter the City shall have the right and option to terminate this
agreement irrespective of whether or not default exists hereunder, said
determination to be effective immediately upon City's exercise of such option
by giving written notice to the Botanical Garden Society.
C. Acts of God. The parties agree that neither party shall be liable or responsible
to the other for delays or impossibilities of performance caused by force
majeure occurrences beyond the control of the parties including, but not
limited to, civil disorder, fires, floods, or acts of God.
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BOTANICAL GARDEN SOCIETY
OF THE OZARKS, INC.
By:
Walt Eilers, President
Date: 4.19 - L,4'
CITY OF FAYETrEVILLE
F. v0?- -
By: _ �.z,�. &-- Amtez
Sondra E. Smith, City Qerk/
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CITY OF
■
aeevle
ARKANSAS
Parks and Recreation Advisory Board
August 4, 2014 at 5:30 p.m.
City Administration Building, Room 219
113 West Mountain Street
Fayetteville, AR 72701
MINUTES
Members: Phillip Watson —Chair, John M. Paul- Vice -Chair, Wade Colwell, Richie Lamb, Terry
Lawson, Chuck Maxwell, Phillip McKnight, David Priest, David Proffitt
City Staff: Connie Edmonston, Director; Byron Humphry, Maintenance Superintendent; Alison
Jumper, Parks Planning Superintendent; Alan Spann, Recreation Superintendent; Melanie
Thomas, Senior Secretary; Kit Williams, City Attorney.
Parks and Recreation Advisory Board members present were Watson, Colwell, Lamb, Lawson,
Maxwell, McKnight, Paul, and Priest. Proffitt arrived later. No members were absent.
1. Call to Order
2. Roll Call
A. Addendum 1 — Add to agenda the Paige Mulhollan Waterfowl Blind
B. Addendum 2- Add to agenda Steve Schneider presentation for the Bronze IMBA
Ride Center
PRAB Motion: 8-0-0 approval for both addendums to accept the additions to the
agenda.
3. Approval of July 7, 2014 PRAB Meeting Minutes
PRAB Motion: McKnight motioned to accept the minutes as written, and Priest seconded
it. Motion passed 8-0-0 by voice vote.
4. Eagle Scout Project Proposal, Lake Wilson: Logan Schwartz
In coordination with Park staff, Logan Schwartz will present a proposal to improve
drainage at the Lake Wilson pavilion and repair and upgrade a bench and trash
receptacle.
Staff Recommendation: To approve the proposed Eagle Scout project at Lake Wilson.
Schwartz said he was with Troop 102. He talked with Alison, and then looked at Lake
Wilson. He said he saw lots of drainage issues around the pavilion, and a board on a
bench is bad. The trash can area needs improvement. He said he will build a french drain
around the pavilion and lay down perforated pipe. He said the rainwater will drain to the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
lake. He will repair the bench, and build a trash can barrier. He said he's not sure how far
the pipes will extend out of the hillside. He said he won't request tools or help from the
City. He has a $100 donation from both Lowes and Home Depot, and the Lowe's manager
will throw in an extra $100. He added there will be no more donations. The planned
workdays will August 16 and 17, as well as August 23 and 24. He said 10 to 15 people will
be working approximately 300 man-hours.
Paul asked how the drain would be dug.
Schwartz said with picks and shovels.
Maxwell asked how far from the foundation the drain would be placed.
Schwartz said it will be about two feet away.
PRAB Motion: Colwell motioned to accept the project, and Priest seconded it. Motion
passed 9-0-0 by voice vote.
5. Eagle Scout Project Proposal, Lake Fayetteville Northshore Disc Golf Course: John
Wolf
In coordination with Park Staff, John Wolf will present a proposal to build a walk bridge
and new steps at the Lake Fayetteville Northshore Disc Golf Course.
Staff Recommendation: To approve the proposed Eagle Scout project at Lake
Fayetteville.
Wolf said he was from Troop 116, and he's working on his Eagle Scout project. He wants
to build a foot bridge at Lake Fayetteville at the Northshore Disc Golf course. He said it will
be 30 feet long, and 6 feet deep. He plans to use 30 foot telephone poles. He showed a
sketch of the top, middle, and bottom view. He said concrete under the telephone poles
will hold it into place. He said he plans to work on weekends and some week days. It will
depend on when he can get the materials. He said he possibly can get a donation from
Home Depot.
Watson asked if any additional materials would be needed.
Wolf said he would need 9 feet of concrete.
Humphry said that could be provided.
PRAB Motion: Maxwell motioned to accept the project, and Priest seconded. Motion
passed 9-0-0 by voice vote.
6. Botanical Garden of the Ozarks Master Plan and Lease: BGSO Representative and
Park Staff
Staff Recommendation: To approve the proposed Master Plan and Lease
Humphry gave a brief history of the lease agreement process. In the fall of 2012, the
BGSO wanted to change their lease agreement and boundaries. They gave Parks and
Recreation their proposal. A meeting was held with John Beneke, the director of the
Outdoor Recreation Grants in January 2013 about the Outdoor Recreation grant. The
Parks department had a stakeholder meeting in February with OORC, FNHA, the
Audubon Society, the Environmental Study Center, and the Fayetteville Watershed
Association. They also received two letters from AGFC. BGSO asked the City staff to
come up with a recommendation. Parks investigated an environmental impact study that
would cost $5,000. The current nature trail was muddy all the time and needed to get out
of the mud. The north boundary was shifted with a 100 foot setback or more from the lake.
The nature trail wouldn't be in the lease boundary. It is hoped to build a boardwalk using
Eagle Scout labor. Parks and BGSO both made changes and compromised.
Edmonston asked everyone to let the BGSO make their presentation, and then the public
can come up. She asked that everyone keep it brief, and that she appreciated everyone
coming to the meeting.
Bill Schwab, a guest, said that he was part of the BGSO. He said he was requesting that
the master plan be approved. The BGSO approved it in their July meeting. Their tagline is
"Learn, Play, and Grow". Thousands of student and adults have attended classes and
programs there. The new lease will allow, among other things, free admission on
Saturdays. Last year the BGSO received approximately eighty-four thousand visitors.
They budgeted $560,000 for programs and activities, and used no City money. The BGSO
provides areas for people to meet for many programs, such as weddings and memorials.
The master plan is a fifteen year project that will add several new buildings and gardens.
He said that it's a well thought out master plan.
Linda McMath said she's a longtime BGSO member. She said there is a site on the BGSO
website that is very informative and tells all about the gardens. The Walton Foundation
supports many events. There is a wide range of topics for the educational programs.
There were approximately 10,880 children that came to visit last year. The Little Sprouts
program has grown to ninety children. The large number of people that come now exceed
the meeting space available. The BGSO wants a visitor center and gift shop. The master
plan supports the educational role. She said she would appreciate the support of PRAB.
Robert Rhoads said that he's the attorney for the Botanical Gardens. He helped negotiate
the new lease. He handed out a sheet that compared the old lease with the new lease.
The BGSO has a plan for greater educational opportunities. The parking areas can still be
used by trail users.
Watson opened up the floor for public comments.
A guest said that he loved the BGSO and the trails, but he felt that a Corps of Engineers
permit and evaluation was needed. He said financial allowances needed to be included,
and possible engineering work.
Humphry said the Corps of Engineers would be contacted when that point was reached.
Priest asked what the cost would be for the boardwalk, and who would pay for it.
Humphry said the parking lot would be $190,000. He said the boardwalk cost has not been
determined, and the cost of the new bridge would be included in the boardwalk.
3
Williams commented that the question about costs should be answered by the City
Council.
Lamb asked if the trail would be closed.
Humphry said there were no plans to close the trail.
Maxwell asked if public restrooms would be build.
Humphry said they had been discussed, but no plans had been decided
Williams said there would be access to Veteran's Park. He added that he was appreciative
to BGSO for allowing the trail users to use their restrooms.
William Mertins, a guest, said that the staff recommendations and the lease suggests that
the stakeholders are in agreement with it. He says that is not true. The trail is moving
closer to the lake. He said the OORC and the Lake Fayetteville Environmental Center,
among others, have objections. He said Parks and Recreation needs to be good stewards
and protect the environment. He asked PRAB to reject the lease and master plan now until
an impact study is done. He said the Corp of Engineers won't bless a boardwalk. He said if
they do, he wants to see it in writing. Also, he would like to see something in the lease that
will allow the City of receive funds back. He added that the recreation grant doesn't allow
walled structures. Parks is saying that John Beneke said that wall structures are
permissible. He disagrees. He said the trail is used by a lot of people, and fencing off 40
acres is a lot. PRAB needs to be concerned about this.
Edmonston said that they met with John Beneke, who is the current Outdoor Recreation
Grants director, and Parks feels confident with Mr. Beneke's statement.
Williams said things were put in the lease to protect the citizens. The Botanical Gardens
are one of our great natural resources. The soft trail has lots of users, and the Botanical
Gardens realizes that. He said it's a difficult issue, so a creative solution was sought. The
boardwalk is a better solution than building a soft trail into wetland. When Humphry walked
the trail with stakeholders, a new location was chosen.
Paul asked if it would be a violation of the grant.
Williams said that the same person that said it was ok would indicate that there was a
problem. He said if that happened, we'd talk with them and tell them that we relied on their
predecessor's opinion, so don't punish us now.
Paul asked if Williams felt confident with that
Williams said yes, he did.
Edmonston said if that happened, Parks would have to come up with replacement
property, which would be 40+ acres that had recreational opportunities. She said that had
to be done for the easements on 265. Replacement property had to be found to replace a
ditch.
Priest asked what 40 acres would cost.
4
Edmonston said they would have to come up with the cost.
Priest questioned that if Parks violated the lease, and had to come up with 40 acres, at
this point in time we don't know how much it would cost.
Williams said that maybe land could be purchased and annexed around Lake Sequoyah.
He added that he didn't think a violation of the lease would happen.
Priest said that Parks didn't know the financial impact of this.
Edmonston said that Parks will have no intention to violate the grant.
McKnight said that right now the project is approved by Arkansas State Parks and
Tourism.
Edmonston agreed.
Priest said that money needs to be spent wisely, and the HMR impact needs to be looked
at. He wanted to know if it would take away from future facilities.
Williams said he wasn't sure how to answer that. He said that it was good to get whatever
advice you can.
Lamb said he was on the BGSO board, and he has a long history of using trails in the
area. He says BGSO is asking to move 250 feet of trail. It's mowed and walkable. A
person can look left to see the existing trail. The citizens are getting maintained trails. He
said his loyalty is to PRAB, and he's recommending to accept the changes as proposed.
Watson said he has walked the trail, and it was a constant give and take where the buffers
are concerned. He said he wants everyone to be aware of the ideal border and where the
compromise is. He would like to stay as close to the happy medium as possible. He said
he wanted educated information.
Edmonston said City staff composed of landscape architects and engineers walked the
trails. She said they had a lot of knowledge.
Watson said he was concerned that the Corp of Engineers won't allow it.
Jumper said that it is permitted by the Corp and that she thinks they will accept it. Right
now it's a muddy area, and a boardwalk would elevate the trail.
Colwell said the future improvements would remove trees. He wanted to know how the
removed trees would be used. He also asked if the trees would be replanted.
Williams said that they would have to comply with the Tree Preservation Ordinance.
Rhoades added that most of the building sites are prairie, but how to use the wood would
be something to look into.
Phil Penny said that the City needs to understand the impact. If activities can't be done
the area may be ruined.
Steve Schneider said that he loves the Botanical Gardens. He said he thinks the trail
should stay open forever. He doesn't think the taxpayers should be burdened with the
expense of a boardwalk. He added that he didn't think the BGSO should be excluded from
the financial burden.
A resident of Fayetteville said that he is part of the BGSO. He said the project must be
approved, and lots of professionals should weigh in on the decision. He said it was time for
the master plan to be approved.
Maxwell asked if there was any reason the BGSO hadn't done an environmental study.
Rhoades said the suggestion came from the board and it was considered. He said that if
they were mandated to do it, they would want to do it. He added that the trail is the City's
responsibility.
Maxwell said that an impact study might change things. He said it should have been done
before the plan was presented.
Rhoades said the experts said it was ok.
Williams said to remember that there has been a lease agreement since 1997. BGSO will
have to follow all requirements when building. He advised not to table the decision,
because it's been in the works a long time. He said thanks to everyone for their hard work.
Aubrey Shepherd, a guest, said he's lived in or around wetlands for 74 years. Wetlands
can be destroyed. Creatures and plants live there. Wetlands shouldn't be mowed. Land is
precious. Everything we do to preserve wetlands is beneficial.
Ron Troutman said that he helped build the Razorback Greenway. He said that he learned
in dealing with the Corp while building in wetlands, they would ask you to elevate trails.
He's worked in mitigation many times with the Corp. He added that building a boardwalk
would actually help the environment.
Colwell said that the Environmental Education Center impacts kids greatly. He said kids
remember things. This facility will help educate kids.
Watson said the wetland area is a big concern. When he walked the area, part of the trail
was in the wetland. Part of the trail needs to go the other way. He has no problems with
the rest of the plan. He said he would like to see an environmental assessment.
McKnight said that experts have come in and the boardwalk is acceptable. He added that
a study couldn't be done on just 250 feet of the trail. He said the entire seven miles would
need to be done.
Watson said that everyone needs to be aware of the boundaries and compromises. He
added that he thought the $5,000 was for the study of the entire trail.
Edmonston said no, the price was just for the part of the trail being discussed.
C.
Williams said that other trails have been built already, and no changes will be done to
them. He added that the land was currently under the BGSO control. The boardwalk will
be elevated, and the land will be going more into nature.
Paul said PRAB didn't need to handcuff themselves.
Williams said that experts have looked at it and approved it.
Lamb said that a study could be required.
Maxwell said that we're not just talking about 250 feet that's going to be moved. He said
it's almost 6/10 of a mile.
Lamb commented that the entire trail is wetland. It's close to a lake. He has ridden the trail
since 2003. Much of the trail has been rerouted and greatly improved. He added that no
assessment was done when the OORC improved the trail.
Schneider said that Mt. Kessler is having one done.
Paul asked why the trail is being moved such a short distance to accommodate BGSO.
Ron Cox said the concrete bridge is incorporated into the BGSO fee area. BGSO built it.
The trail must cross the creek in another location.
Watson said that there is a normal barrier between the water and the boundary. The
wildlife needs enough room to move around. He said that is a big concern to him.
Williams said that motion could be changed somewhat so that the environmental site
assessment be done before the City Council votes, rather than before submission to the
City Council. He said that PRAB is an advisory board, so if the other condition was put on
it, the Council may think that they couldn't vote on it. He said that if PRAB will accept it as
a friendly amendment that the environmental site assessment be done prior to the City
Council decision, it would probably be more proper.
Watson said that he would make that amendment.
McKnight asked how it would impact future trails.
Williams said each situation would be case by case as determined by City Staff.
PRAB Amendment to Staff Recommendation: Watson motioned to require an
environmental assessment to be done before the City Council votes on the lease, and
Maxwell seconded it. Motion failed 4-5-0 by voice vote.
Priest motioned to amend the recommendation to say to have a clear accounting to what
the cost to the City of Fayetteville would be for the restructuring of the lease. There was no
second.
Williams told Priest that the City Council will get the minutes of this meeting, so they will
understand your concern.
7
Priest said thank you.
PRAB Motion: Colwell motioned to approve the BGSO Master Plan and lease as written,
and McKnight seconded it. Motion passed 5-4-0 by voice vote.
7. 2015-2019 Capital Improvement Plan: Connie Edmonston, Parks and
Recreation Director
Staff Recommendation: To approve the proposed 2015-2019 CIP, unless an offer for
purchase of land adjacent to Gulley Park is accepted.
Edmonston said the Gully Park renovation is still in the making. The City purchased the
Dunn property for $970,000, and the remaining $130,000 will come from the Nation
Heritage Association. The City will pay down $700,000 this year. There is $270,000 in the
contract for 2015, and $130,000 is pledged by the National Fayetteville Heritage
Association.
Colwell said that he thought it was $270,000 in 2016, and $130,000 in 2015.
Edmonston said yes, that was right.
Williams said that the signed offer was received today. He said it will now go to Council.
Edmonston said the land addition could possibly be a dog park, or a park for the aging
population.
Williams said Gulley Park will expand, but there probably won't be much development for
a while, unless the Council says differently.
Watson asked about the two lots located on the land.
Edmonston said they probably will be sold.
Paul said that he is concerned that people are spending money elsewhere to go to a
splash pad. Everyone asks him when Fayetteville is going to get a splash pad. He says it's
needed.
Maxwell asked what the plan was for the hard trail at Gulley. He said really soft chat is
good and has good drainage. He added that there aren't as many issues with it.
Edmonston said that idea will be looked at.
PRAB Motion: McKnight motioned to accept the proposed 2015-2019 CIP plan, and
Proffitt seconded it. Motion passed 8-1-0 by voice vote.
Addendum 1- Naming of the Lake Fayetteville Bird Blind
Edmonston said that this needs to be tabled. Parks didn't get the justifications needed.
PRAB Motion: Watson motioned to table the naming of the Lake Fayetteville Bird Blind,
and McKnight seconded it. Motion passed 9-0-0 by voice vote.
Addendum 2- Steve Schneider, South Central Regional Director of International Mountain
Bike Association (IMBA), would like to make a presentation about Fayetteville becoming a
bronze IMBA Ride Center.
Schneider said he was the Regional Director of IMBA. He passed out an IMBA magazine.
They would like to become a bronze IMBA Ride Center. He said it was like being in the
Hall of Fame in Football. Fayetteville needs to develop trail builders and funding, and
maybe jump to silver status. He added that the trail around Lake Fayetteville has to stay
open.
McKnight asked what came after bronze and silver.
Schneider said it would be gold. They are looking into a regional ride center. He said no
one has applied for that.
Paul asked how many issues of the magazine are published.
Schneider replied that the magazine goes to places such as bike industries, wholesalers,
etc. He said over 365,000 have gone out.
Williams commented that Schneider's presentation would be good for the City Council to
hear. He said he will arrange for a presentation.
Schneider said he would be glad to do a presentation. He added that the application
process is significant. He said it's a blessing to have the chance to push to the next level.
Lamb asked if it would be appropriate to draft a letter to IMBA thanking them for placing a
director in NWA, and thanking them for choosing Steve.
Edmonston said yes, and she would do it.
Schneider said he was having expert trail builders come in for a trail blazing school. He
said that there are great trail builders in this area, but this will put them to the next level.
He wants to have the class at Frank Sharp's location. There will be no cost to the City. The
tentative dates are October 23-25, 2014.
8. Announcements
Edmonston said that everyone needs to be more careful on the trails. She said she had an
accident that's taken a while for her to heal. She added that another man had an accident
on one of the trails, and he is paralyzed now. She asked everyone to please watch their
children and pets while they are on the trails. .
9. Adiourn
Meeting adjourned at 8:25 p.m.
Minutes taken by Melanie Thomas
BGSO Stake Holder summary of recommendations
Group Contact Wildlife Corridor Buffer Nature Trail Other
trail can be contructed to
OORC Steve Schneider be environmentally impact assessment
would be helpful
sustainable
250-300 ft -
Audubon Joe Neal at least 100 ft
compromise, flatten
lout "W" and plant
native habitat
stakeholders need to
flatten the "W" to
agree on an adequate
Environmental
accommodate
Lawanna Banning corridor width and be
Study center
building site and stay
specific about the
out of wetlands
placement of barriers
Environmental
do not move trail
the construction of the trail
Study center
John Watterson
250-300 ft
closer to lake
in wetland will increase
erosion and disturb wildlife
move to elevation that
FNHA
Bob Caulk
250 ft from 1240 ft elev.
250 ft from 1240 ft
allows drainage and avoid
elev.
boardwalk
at least 50 ft needed
Fayetteville
around entire lake, 200-
avoid moving the trail
Watershed
John Pennington
300 ft is ideal when a
closer to the lake into
the wetland
barrier is present
min of 50 ft and max
where can of
(with proposed setback)
proposed 300 ft -
AR Game &
deer movement will not
invasive removal,
designate no -entry
Mark Hutchings
Fish
be adversely impacted to
native establishment;
zones for boats?
deter their use of habitat
wood duck box, bat
house, concealment
cover
flatten the "W" to
accommodate the
there Is enough
building site and
information and
set boundary at 100 ft
maintain
expertise amongst staff
minimum from lake edge
approximately 200 ft
where trail intersects wet
and stakeholders that
(top of bank) to
Parks Staff
buffer from shallow
cove area of lake.
soils, build a boardwalk or
raised tread trail that does
an environmental
impact study would not
accommodate wildlife and
remove Invasive
not cause erosion or
be definitive or cost
human traffic between
species and
impact the environment
effective with regards
barrier and lake
reintroduce native
to setting the BGSO
plants to provide
lease boundary and
habitat and screening
trail location
between the lake
COR L 47wak oGV190A13 CYc (-t 57
Humphry, Byron
From: Steve Schneider <steve.schneider@imba.com>
Sent: Sunday, February 23, 2014 2:20 PM
To: Walt Eilers; joeneal@uark.edu; bobcaulk@cox.net; John Pennington; Marr, Don;
Edmonston, Connie; Jumper, Alison; rrhoads@hallestill.com; chuck maxwell;
rcox@bgozarks.org
Cc: wmertins@mertinslaw.com; phil penny; John Sage; Lawanna Banning; Humphry, Byron
Subject: input
Walt, first of all, I don't envy your position one bit. These meetings you have hosted could seem easy, when you
start your fundraising efforts. We all appreciate you listening to us, thanks.
I feel like a 'solution' and 'compromise' are what we all seek. It is certain that not many of the various user
groups would ever agree %100 to each of our 'social' activities. And that is what they are, 'social' activities,
exercise, recreation, whatever you want to call being in nature.
As Joe pointed out, this is what we all seek, and that is why the PRESERVATION of Lake Fayetteville is most
important. Maybe we 'all' have gone about this backwards. Protecting the Lake, and what it has to offer, should
be priority #1. Has that really been addressed ? Or the 'buffer' area we discussed Friday, maybe some sort of
Impact Assessment would answer many;of the questions being thrown at you, about buildings and barriers the
BGSO is proposing.
In regards to the soft surface trail, Mt Bikers will focus on sustainability, with elevation in mind, managing low
lying wetland areas, to create consistency partnering with the City of Fayetteville as well as the BGSO in
preserving the Park/Lake and it's environmental concerns. Some -type of environmental assessment should
render a much better understanding about the impact that will be created from this 'new'master plan, as well as
the trails impact, if moved.
Greenspace is being squeezed out by growth, sometimes unavoidable. So in this case, it seems BGSO and the
City need to work closely together to the BEST of there ability's to preserve this awesome City Park, and help
the Gardens progress over the next 20-30 years.
Nature is what humans seek, everyone, everywhere. That is undeniable, and we all want to see the Park
continue to thrive, and the Garden flourish for all, now and 100 years from now. Passionate mindful folks can
get that done, and you must agree we all fit that description, to a tee... ss
Stephen Schneider
South Central Regional Director
International Mountain Bicycling Association
VP, Ozarkoffroadcyclists
steve.schneiderAimba.com
479-466-0988
4UC)LA,60t1-1
JOSEPH C. NEAL
Wildlife Biologist, USDA Forest Service, Ouachita NF (retired)
Visiting Scholar, Department of Biological Sciences, UA-Fayetteville
145 E. Cleburn Street, Fayetteville, Arkansas 72701
479-521-1858 joecneal@att.net
February 22, 2014
Mr. Walt Eilers, Chair
Botanical Garden of the Ozarks Board of Directors
Greetings Walt,
Thank you for setting up yesterday's meeting at the Garden. I appreciate the work that you and the
architects have accomplished since last fall's meeting and field trip. I think we have made some
important progress. I like it that the blind we wanted to build in honor of Paige Mulhollan is now part of
the long term plan.
I would like for us to keep going with a few additional changes. I believe that these changes will protect
the natural values of the park and will benefit the future growth of the Garden.
But first I would like to clear the air as much as possible about why the Garden seems to be getting
rough treatment over the master plan 2013. You were right on the mark yesterday in noting that there
was no objection to the document from 2005. Now nine years later, there is a lot of dissention. The
reason for this, as I stated yesterday, is that during these nine years we have slowly realized that Lake
Fayetteville is in the process of being changed what amounts to forever. We did not see this at all prior
to the Garden's proposal for how to manage its lease.
A lake that was functionally out in the middle of nowhere in 1950 is now our most important public
space totally enclosed by increasing dense and complex urban development. That is what has sharpened
the debate. It is not about you or the Garden as such, not about trail advocates or bird watchers. We
recognize that what has been taken for granted — an unlimited amount of wild space in a relatively large
park — is about to disappear.
What existed in 1950 has already disappeared. What we have in front of us now is the challenge to
manage what we still have in the best way we know how in 2014. Maybe nine years from now, in 2023,
the challenge will look even more different.
As you know, bird studies of various kinds have been underway at Lake Fayetteville since 1953, and are
ongoing. Dr H. David Chapman's book, The Birdlife of Lake Fayetteville, presents all of this. He
documents 255 species in the park. Of these 255 species, more than 70 are either aquatic obligates (like
ducks) or are directly dependent upon the aquatic ecosystem, like Great Blue Herons.
My chief argument here is that there is no replacement for a wildlife buffer, only a discussion of the size
and quality of this buffer. During the past 30 years, we have noticed that waterfowl — for example,
ducks, geese, swans, pelicans, cormorants —spend significant amounts of time in what was formerly a
swampy, relatively remote cove in the southeastern portion of the lake. They use this area when
foraging and as importantly, a safe resting area. The area I'm talking about is adjacent the Garden lease,
about 500 feet east of the current Garden fence.
As a community of park users, we became alarmed when two years ago there was some clearing along
the shoreline and we slowly became aware of plans — which you rightly point out date from 2005 — that
had great potential to negatively impact this cove
My recommendation to you and the Garden Board is to establish the Garden perimeter at about around
250-300.feet of undeveloped existing vegetation between the shoreline and Garden fencing. As you
know from your own contact with Arkansas Game and Fish, all kinds of numbers can be thrown out in
this discussion, depending on the goals of the buffer.
I did not make up the 250-300 feet recommendation out of thin air. These number fall within a range (+
and — depending on species and nature of disturbance) that come up in wildlife research involving
estimates of how and when disturbance impacts wildlife. For example, how far away can disturbance
force ducks to start swimming away, then flush? How closely can you approach a fishing Great Blue
Heron without interfering? This section of the shoreline provides the best refuge, with modest
disturbance, on the lake for many species of water birds and other animals (besides birds, mammals,
frogs, turtles, salamanders, etc) in a park now crowded with other developed activity.
I urge you not to support a minimum width in terms of this buffer. Nine years into the future, with more
development around and within the park, we may wish we had been more careful in establishing a
buffer suitable to the park's robust wildlife values. As park use increases, so will problems with wildlife
disturbance. A minimal buffer likely ceases to serve the function of providing modest protection for the
park's wildlife values.
I'd like to urge a compromise idea. On the master plan 2013 map the future Field to Fork garden labeled
as 1 seems to have driven the need to relocate the mountain bike trail closer to the lake shoreline and
therefore closer to the sensitive cove that requires a buffer. I think the Field to Fork garden is a great
idea. I think this could be joined with another idea to help break the deadlock over the final trail route
and the Garden boundary fence AND provide the needed buffer.
The current trail alignment is a wide W here. My first suggestion is that this W could be modestly
flattened on the 2 sides, allowing a bit more workable space for the Field to Fork garden. It would still be
a W, but a flatter one, with more Garden space, while maintaining the wildlife buffer width.
My second suggestion involves restoration activities involving the bottomland and shoreline vegetation
of this cove. Removing non-native invasive plants, releasing existing natives for growth, and planting
appropriate natives, could allow this cove — while outside the Garden's fence —to functionally carry out
one of the Garden's goals in showcasing native vegetation of the Ozarks. City Parks is working on a
project like this elsewhere in Fayetteville. The Garden could partner with Master Naturalists, Arkansas
Native Plant Society, Northwest Arkansas Audubon Society, and others. We could also seek to involve
the energetic mountain bike riding community. You could have a gate here. With care and foresight, this
could resolve the trail alignment knot, protect the waterfowl cove, and provide the Garden with a bunch
more volunteers and publicity in a good cause.
I will be glad to discuss this in more detail and could help with networking the idea among potential
partners.
One other thing that came up in yesterday's meeting involved the narrow strip of shoreline east of the
cove. On the master plan 2013 map, this is roughly the area adjacent the proposed event pavilion. The
map shows the required riparian zone plus a slightly wider set back with the existing trail more or less
forming the boundary. I understand that the Garden has made a compromise here, but in my opinion, a
strip so narrow will not in the future serve the best interests of the Garden or the Park. It will not serve
the Garden because the public will view the fencing as an unjustified overreach and an intrusion on the
open spaces of the park.
My chief concern here is that all wildlife uses will be forced into a narrow bottleneck, hemmed in by
water and a fence. Here, and elsewhere on the lake, the buffer needs to be wider. I wouldn't argue that
it needs to be as wide as the buffer for the cove, but it may need to be at least 100 feet rather.than 50. I
wouldn't mind going in the field with the Urban Biologist and others to talk about this.
I would like to quickly add here that I understand none of this was raised in 2005. Just speaking for
myself, I was vaguely aware of the Garden but it never occurred to me that a fairly large chunk of the
park would have to be fenced -off from all other uses. In 20051 thought the park would just remain the
same, albeit with a Garden as asset.
I realize that it is quite a problem to request that the Garden and City Parks rework aspects of the 2005
plan in order to accommodate public views in 2014. Doing so may require the Garden to rethink the
eventual extent of what can be accomplished. It may require some non-traditional thinking about the
role of the Garden and the wider ecosystem concerns about this park. I do think the Garden will be a
stronger entity for working this out now, rather than sticking with a plan that doesn't accommodate
concerns about the park itself.
In encouraging the Garden to rethink what was settled in 2005, 1 am also encouraging the City of
Fayetteville to rethink how it plans to manage the rest of this park, and others, going forward. Other
leases exist in this park, and they may too require us to consider conditions that exist in 2014, rather
than 2005, or earlier. Protection of the shoreline with buffers becomes more and more important as
use increases throughout the park.
As I stated yesterday, we are at Lake Fayetteville Park because of nature and its attractive natural
setting, now more and more attractive as our area continues to build up and burst at the seams with
people and projects. For this park, we are clearly at a tipping point. Our decisions reflect what we see as
the future of the park.
My suggestions to the Garden here reflect my hopes for keeping nature in as healthy a state as possible
while we visualize and then actually make changes to the park. The Garden has an honored place in this
and I think it will be a place that can be secured by enfolding into the plan needs for specific wildlife
protections.
Thanks for reading Walt, and for all that you do for the Garden and the park.
Sincerely, Joe Neal
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Mr. Eilers, Parks Staff,
Thank you for meeting with several of the stakeholders to discuss the BGO master plan.
We appreciate the fact that some changes were made relative to the earlier plans.
Unfortunately, there are still two basic issues that haven't been fully addressed:
1. A sufficient corridor is needed for the movement of wildlife and people around the
lake, and
2. The soft surface trail should not be moved into the wetland (a move which would
also put it too close to the sensitive cove area).
It was stated at the last meeting (2/21/14) that each discussion brings up new challenges
to the master plan like a game of "whack a mole". This statement should be challenged,
because, although new ways of approaching the problem were discussed for the first time
(such as an environmental study), it appears that all of our remaining concerns have boiled
down to these same two things that we have been talking about all along.
At the meeting, it was stated that the old master plan (2005) had to be revised because,
among other reasons, the designers from California did not know enough about the
Arkansas landscape to match the proposed uses to the land. The implication was that the
local designers had a deeper knowledge of how to fit things on the Arkansas landscape.
The argument of this letter is similar: that it is appropriate to change some of the currently
proposed master plan for the same reason - it doesn't work with the landscape. Sure it fits
on the property leased to the Botanical Gardens, but that property is part of a larger
picture.
The experts on this larger system - experts on how this natural landscape functions as a
whole - are not those obviously talented people who designed the beautiful buildings and
gardens in the proposed plan. The experts are the people who have studied this natural
landscape and its populations of plants and animals for decade after decade... the people
who have been represented at the stakeholder meetings.
The value of this large natural area cannot be overstated. And when we chop it up and
destroy it as a functioning natural area, we cannotget it back.
Choking off that narrow part of the park, and fencing an area basically from the lake to
Highway 265 would be devastating to the wildlife and to the tiny corridor of land left
beside the lake. This, in turn, would seriously diminish the valuable experiences that our
students have out here day after day, seeing these animals in their natural habitat. These
are life -changing experiences for our students at the Study Center, many of whom have had
no previous access to natural areas such as what we enjoy at Lake Fayetteville Park.
Additionally, for those animals that are able to survive the changes, the forced adjustments
in their movement patterns will endanger drivers on the highway. We don't need to do
this.
The good news is that we CAN have our cake and eat it, too. We can have a superb botanical
garden, and we can have Lake Fayetteville Park - a large functioning natural area in the
middle of our ever-expanding urban sprawl. We just have to agree to limit the size of the
fenced ("barriered") botanical garden so that it won't interfere with the movement of
animals/humans around the lake.
We should also consider how this decision would reflect on the City of Fayetteville and on
the Botanical Gardens. I suspect they would rather be seen as making plans that fit in with
the landscape and preserve the parks' traditional and prescribed uses, rather than as
blocking off access and harming the wildlife in the park.
Based on the above considerations, I'd like to present a list of specific requests, which take
into account the entirety of the Lake Fayetteville Park:
1- have the city and stakeholders agree on how best to determine what would constitute
an adequate corridor for the south shore and agree to set back the fence/barrier to that
specification
2 - straighten out the "W" of the existing trail near the cove to make it a "shallower W" in
order to accommodate the proposed building site, but do not move it into the wetlands
3 - be specific about the placement of the fences/barriers, so wildlife and human traffic
corridors can be preserved going forward.
Thank you, I appreciate being asked to provide input on this important topic.
Lawanna Banning
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Mr. Eilers, Park Staff,
Thank you for allowing me to attend the meeting regarding the BGSO Master Plan. I respect and
appreciate the work that the Botanical Garden of the Ozarks conducts. I am also grateful for the
opportunity to provide input on this situation.
I have several major concerns regarding the proposed trail relocation and barrier construction. I have a
Master's Degree in wildlife management and have worked as a professional biologist in Northwest
Arkansas for several years. This experience has helped me to see that there are some potentially serious
issues with the Garden's plan.
The proposed plan calls for the soft -surface trail to be moved further into a wetland area at the edge of
the lake. This encroachment into wetland habitat can have several negative impacts on the ecosystem
of Lake Fayetteville. By constricting the movement of trail users into an area that is prone to flooding
and moist soils will increase erosion in this location. Wildlife species that are now forced to move
through a narrower corridor will also contribute to that problem. All of this activity near the wetland.is
also sure to disturb birds that are utilizing this area for foraging, resting, or nesting. Finally, moving the
trail farther into the wetland will require more construction (also resulting in more wildlife disturbance)
in a wetland. I am concerned that this may place BGSO's plan in violation of Section 404 of the Clean
Water Act. Generally, construction and alterations of this type of habitat require either permits or
letters of approval.
Along with the trail relocation, BGSO intends to build a "barrier" to keep wildlife out of their property.
This barrier will be located approximately 5 feet from the soft -surface trail. Constructing this barrier will
substantially compound the issue of wildlife disturbance. The final plan also includes extending this
barrier along the entire western border of the Garden's property. This will leave a corridor that is too
narrow to accommodate wildlife movement throughout the park. Research suggests that an
appropriate corridor for wildlife movement should be approximately 250-300 feet. The proposal's
corridor will be far narrower than that.
Constricting this corridor can also be potentially harmful to the public. Deer moving throughout the
park may avoid this narrow corridor due to limited space and human disturbance. The next option is to
go around the BGSO property, taking them onto a very busy road and potentially increasing vehicle
collisions. During the meeting, BGSO staff members stated that they had looked for deer tracks in this
area after our most recent snow event and saw none. This is insufficient to conclude that deer do not
move through that area. A decision of this magnitude cannot be made off of an isolated observation.
This observation was taken post -rut when deer are no longer moving as often in search of mating
opportunities. It was also taken during extreme cold temperatures. This can also alter deer movement
and they may localize around a known food source instead of moving large distances. Also, deer
movement patterns will change throughout the year as food availability changes.
The BGSO stated that an urban wildlife biologist wrote that the proposed trail re -design would not
hinder wildlife movement. I would like to know what criteria he had based this approval on. A major
question I also have about this approval is did he know about the construction of a barrier? There is no
mention of it in his letter. He also mentions the potential for increasing deer -vehicle collisions.
I feel that the decision on this issue has the potential to set a dangerous precedent for the future of Lake
Fayetteville, and for other parks in the area. We are supposed to be stewards of the land. I do not think
that one can begin to make an argument that walling off a large tract of the park and encroaching on
wetland habitat is good for the ecosystem of Lake Fayetteville as a whole. As Northwest Arkansas
continues to grow, natural areas like Lake Fayetteville will become even more important to area wildlife
and our residents. If we allow it to be further degraded now, what will we have left in the future? The
BGSO also has an educational facility. What are we teaching visitors to the site about the value of
natural habitat if we allow it to be damaged?
Potential solutions to this problem lie in maintaining a proper wildlife corridor between the lake shore
and BGSO activity. The BGSO has also not been able to specifically describe the construction of their
wildlife barrier. If specific construction details are provided, we can provide more specific potential
resolutions. I also fully support the suggestions made by Lawanna Banning and John Pennington in their
letters.
Thank you for your time and I hope we can all move forward together for the benefit of all parties
involved in this issue.
Sincerely,
John Watterson
F 0 HA
Humphry, Byron FA'(Ertt,/i -L� N�7u�ra� Fl�rLl fKlGc=
From: bobcaulk@cox.net
Sent: Thursday, February 27, 2014 8:41 PM
To: Edmonston, Connie; Walt Eilers
Cc: Jumper, Alison; Humphry, Byron
Subject: Lake Fayetteville south shore development plan input
Walt,
My original input on the BGO Master Plan comes from discussions at Fayetteville Natural Heritage Association (FNHA)
Board meetings, but in an effort to be sure it is the FNHA's Board position and not just mine per Connie's request I find I
need to amend the input. The following is the unanimous position of the FNHA Board. FNHA's top strategic efforts are
working to provide access to exemplary natural areas and working to improve the areas we have today. The goals are to
provide habitat for plants and animals, opportunities for the community to experience nature and to provide a venue for
healthy activities. In order to be sure we are being consistent, I watched the video of the Special Parks and Recreation
Advisory Board Meeting that was held on April 24, 2013. At that time we suggested a 300 foot buffer/corridor was
desirable.
The key to achieving these goals along the south shore of Lake Fayetteville is providing an appropriate buffer. We have
done a little research that suggests defining "appropriate" can be difficult, but it appears good buffers are at least 250
feet. At this size, animals and people can move about without completely destroying the habitat. A good buffer would
be measured from the contour that is 1240 feet above sea level to insure it is above standing water and can support
trees.
The cove north of the Education/Visitor Center is one area of concern. The existing trail goes within 200 feet of the shore
and the proposal moves it even closer. Here we would hope we could keep the trail far enough south to avoid building a
boardwalk and provide the full 250 foot buffer/corridor described above. As we go west along the trail, there are many
spots that are wet almost all the time. In addition, the buffer shown on the Master Plan would only be 50 feet in many
locations. We are concerned that habitat destruction would be complete if animals and people are forced into such a
narrow corridor. Here we would hope that the trail could be moved to an elevation that allows it to drain and the
barrier be located even further south. The buffer/corridor should be as close to 250 feet from the 1240 contour as
possible.
Bob
February 24, 2014 Lake Fayetteville
Walt, Watenhed Partnellhip i
.�
Thank you for inviting representatives of the Lake Fayetteville
Watershed Partnership, Ozark Offroad Cyclists, Northwest Arkansas S l
Audubon Society, Lake Fayetteville Science Center, and Fayetteville
Natural Heritage Association to the Botanical Gardens on February 21 to review the latest version of the
BGO Master Plan for development around the lake.
As you know, one of the concerns of the Lake Fayetteville Watershed Partnership (LFWP) regarding the
"Master Plan" concept was the section of trail on the Fast end of the lake, and which is still of contention
at this time.
Our primary concern that was expressed at the Botanical Gardens of the Ozarks (BGO) site visit in Spring
with the Parks and Advisory Board was that moving the existing soft surface trail west, closer to the lake,
would disturb wildlife habitat and wildlife movement corridors while also degrading the environment
through constricting animals and people into a wetland corridor that is insufficient to handle all of the
traffic. Those comments were also shared by many stakeholders, but not were not incorporated into the
current design, nor were they remembered by BGO representatives on February 21, 2014.
A major factor of that will aid in damaging the sensitive wetland on the east end of the lake is forcing
people and animals within a 50 foot corridor between the lakeshore and BGO barrier to keep animals and
non -fee payers out.
LFWP still is of the position that moving the trail West toward the lakeshore and into the wetland is
unnecessary, and should be avoided.
However, since we have had so much time to reflect on the issue, and one of the most important aspects
of our concerns was not heard or recognized, we have now amplified and grown our concern. Our
concern now relates to the entire lakeshore corridor. We, along with other stakeholders around the lake,
have now realized that at least 50 feet of wildlife corridor is needed around the entire lake. Between 200
— 300 feet would be ideal since a barrier to control wildlife movement is going to be established at the
perimeter of the BGO and the forest around the lake is a large area of habitat that is planned to be
developed by BGO.
Thank you for taking time to provide a more complete picture of what BGO envisions to achieve in the
future, and for excluding the land between the lake and the trail from your lease.
Sincerely,
John Pennington
Chair
Lake Fayetteville Watershed Partnership
Lake Fayetteville Watershed Partnership ♦ P.O. Box 9943 ♦ Fayetteville, Arkansas 72703
The Mission of the Lake Fayetteville Watershed Partnership is "To Promote, Preserve and Enhance
the Integrity of the Lake Fayetteville Watershed Through Scientific Evaluation, Educational Programs
and Voluntary Cooperation"
Le-,rzrTz-
Ronald Cox
Executive Director
Botanical Garden of the Ozarks
4703 North Crossover Road
Fayetteville, AR 72703
Dear Mr. Cox:
I appreciate your invitation to tour the Botanical Gardens and the opportunity to look at the extended property
and the Master Plan proposal. it Is always a challenge to balance concerns for natural systems on the urban
landscape, especially when the current condition of the landscape has already experienced so many changes In
land use and continues to see more development every day. While the property has some potential and offers
some degree of wildlife habitat quality, the fauna represented there Is certainly a result of changes in land use and
succession. A large percentage of the vegetative composition Is made up of invasive species. The vegetative
buffer between the lake and the existing developments Is really the result of Inactivity In and around Fayetteville
Lake which Is a man-made reservoir. It would appear that much of the land around the lake was once open land
and was used probably for a combination of haying, grazing, and possibly some cropland. The wetlands were
created by the lake development and much of the subsequent plant succession has resulted from Its Influence.
I would not recommend you purposely manage to improve habitat for whitetail deer In this urban setting. Deer
densities are already quite high, deer vehicle collisions are on the increase, and complaints from landowners In the
community In regard to landscaping and garden damage are numerous. Because of municipal ordinances control
of that population becomes limited and expensive. My recommendation would be to work with the 50 feet
required by city ordinance and where possible the Garden could expand up to 150 feet. This will be adequate to
provide riparian habitat for stream bank and water protection as well as travel lanes for endemic wildlife. As I
have discussed, the current habitat Is nothing like what would have occurred naturally it is a result of manipulation
of the site over the past several decades. The re-routing of the trail through the current "wetland" will create
some disturbance during the construction process but once the boardwalks are constructed the area should
recover quickly and not create a long term detrimental Impact. I would encourage you to consider eradication of
some of the invasive exotic plants and to consider establishment of some native wetland species of trees, shrubs,
and herbaceous plants In the process. Incorporating a viewing blind and developing additional Interpretive trail
enhancements would also add to the developments you are proposing. In addition, erecting wood duck nesting
boxes, placing bat houses, and creating nesting, feeding and concealment cover with the suggested plantings will
help mitigate the disturbance and enhance viewing opportunity and wildlife use.
I hope these suggestions are useful In your future development of the property and If I can be of assistance during
that process, please feel free to contact me.
Sincerely,
Tuev �.
Mark E. Hutchings U
Urban Wildlife Biologist/Region 7
455 Dam Site Road
Eureka Springs, AR 72631
mehutchines0aefc.state.ar. us
March 17, 2014
Ronald Cox
Executive Director
Botanical Garden of the Ozarks
4703 North Crossover Road
Fayetteville, AR 72703
Dear Mr. Cox:
21&A G E7T21:- tZ—
I appreciate very much your situation In making decisions concerning further development of the Botanical
Gardens. It becomes incrementally more difficult with each additional stakeholder Involved In the process of
decision making. It goes without saying that it is an Impossible task to completely satisfy everyone to maximum
satisfaction when so many different interests are intertwined. One piece of property cannot fully satisfy every
habitat requirement for every species, or every recreational or educational purpose. That Is where stakeholders
have to come together and make decisions concerning priorities and management focus. The group has to
determine collectively, what they determine to be the desired result of future development of the property.
When I pull up the cities webpage for Lake Fayetteville it promotes fishing, boating, a marina, hiking and bicycling
trails, nature viewing, a softball complex, Veterans Memorial Park, and the Botanical Garden. Obviously there has
been a desire to manage for multiple uses and that Is generally the rule for public lands. The property Iles in the
middle of an urban setting with all kinds of development and human activity.
I wrote in my previous letter that while the property has some potential and offers some degree of wildlife habitat
quality, the fauna represented there is certainly a result of changes in land use and succession. A large percentage
of the vegetative composition Is made up of invasive species. The vegetative buffer between the lake and the
existing developments is really the result of inactivity In and around Fayetteville Lake which is a man-made
reservoir. It would appear that much of the land around the lake was once open land and was used probably for a
combination of haying, grazing, and possibly some cropland. The wetlands were created by the lake development
and much of the subsequent plant succession has resulted from its Influence. This Is not a pristine unaltered
natural system and while sound conservation practices should be included in development, it Is an urban
environment already greatly influenced by development.
I respect the interests of each of the stakeholders In this process and each professional opinion that has been
provided. Mine is just one among several opinions. I am not making an official statement on behalf of the
Arkansas Game and Fish Commission concerning the development of this property. I will give you a professional
opinion based on 32 years of experience in managing natural resources.
First I believe city leadership needs to determine the priorities for the property moving forward. It can't be
everything to everyone. It seems to me that the Botanical garden has the greatest vested interest In the land at
this point with the development and commitment that has been established there. Each group with a stake in the
property should decide what they envision to be the best case scenario for their particular Interest along with the
least acceptable level of management that addresses their Interests. Somewhere on that scale Is a measure that
will meet with each stakeholder's interests. If each group will approach these decisions objectively there will be
opportunity for compromise and resolution to a plan to move forward.
You requested from me a professional opinion on a couple specific wildlife Issues and I will do my best to address
those. I maintain my position shared with you in our first discussion in regard to buffer widths. You can ask this
question to a variety of professionals and you will get a variety of responses. Your city has an ordinance that
requires a minimum of fifty feet. This obviously becomes the low end, the least acceptable level for all groups.
You have had requests from a couple of group representatives of 350 feet. This becomes the best case scenario
for their Interests. My recommendation Is that you do your best to accommodate those minimum and maximum
widths in the development of your master plan. Where it becomes necessary for development of the gardens you
can maintain a minimum of 50 feet and where there Is opportunity to do so, maintain the maximum possible. The
50 ft. minimum width was put in place to Insure vegetative buffers that provide stability within watersheds to
improve water quality, reduce erosion, filter sediments and storm water run-off, as well as provide a level of
wildlife habitat and aesthetic benefit in the form of green space.
Deer movement will not be adversely impacted to a level that will deter their use of the habitat. Deer movements
are not migratory but seasonal. They occur generally In response to day length and In association with breeding
behavior and other Influences such as dietary requirements, fawning activities, etc. While most people enjoy the
opportunity to observe deer In city parks and along trails, with the issues associated with high deer densities in
urban NW AR, managing to improve habitat for whitetail deer is not recommended. With no opportunity to
control population growth Inside the city limits it becomes very difficult to manage. Whitetails are a species
capable of population increase beyond biological carrying capacity, negatively Impacting their own habitat. More
times than not they surpass cultural carrying capacity (human tolerance levels) before reaching biological. These
high densities can begin to dictate habitat change that results in a decline in species diversity of both plant and
animal communities.
Maintaining these buffers in the range of a minimum of 50 feet and as wide as possible elsewhere, along with
proper management, controlling invasive species and promoting native species, will provide habitat, screening for
trail users that keeps disturbance to tolerable levels, provide wildlife viewing opportunities and provide the
filtering and stabilization functions desired. Some consideration might be given to reducing the disturbance to
migratory waterfowl from boating activities by designation of a no -entry zone from the lake, possibly by buoy. In
effect this would widen the protective zone and lessen disturbance.
I hope this helps, I will be glad to provide whatever assistance I might provide. Thank you for the opportunity to
comment and everyone's interest in conserving the natural resources provided on the property.
Sincerely,
Mark Hutchings
Urban Wildlife Biologist
455 Dam Site Road
Eureka Springs, AR 72631
479-253-2506
mehutchings@agfc.state.ar.us
UfA
DIVISION OF AGRICULTURE
RESEARCH 8i EXTENSION
University of Arkansas System
Mayor Lioneld Jordan and Fayetteville City Council
The Master Gardeners of Washington County support the Botanical Gardens 2028 Master Plan.
Of the 205 Certified Master Gardener memberships, 95 have contributed volunteer hours so far
in 2014. These same Master Gardeners contributed 4100 hours at a value of $183,191 in 2012
(Source: Arkansas Department of Human Services, Division of Community Service). 2013 hours
and value have not been released as of August 1 but will certainly exceed these numbers.
The mission of the Washington County Master Gardeners is to provide horticultural information
and improve the quality of life of the residents of Washington County through volunteer
horticultural activities. Interacting with other organizations that share its vision, such as the
Botanical Gardens of the Ozarks, is one of its many goals. The Botanical Gardens has been a
sanctioned project of the Master Gardeners since 1999. The first thing the Master Gardeners
did after BGO obtained the lease from the City of Fayetteville was to help clear invasive
honeysuckle, poison oak and poison ivy from the trail along the south side of Lake Fayetteville,
pick up trash along Highway 265 and plant a large flowerbed surrounding a "Future Home of
Botanical Garden of the Ozarks" sign.
In 2006 the WCMGs purchased the Sensory Garden, one of the 9 backyard gardens that allowed
BGO to open Phase 1 of the gardens to the public in 2007. This particular garden fit the WCMG
mission of providing a place for people with varying degrees of ability to find stimulation
through the various senses of sound, touch, taste as well as sight and smell.
The Botanical Gardens and its activities benefit everyone. The Lil Sprouts, a program started
and run by a Master Gardener, reaches infants and preschoolers. Butterfly Days and Earth Day
(in 2013, 10881 students attended these classes or educational days) reach out to the grade
school children and teachers. Various family activities such as Firefly Fling, Gardenland Express
and concerts reach all ages and individual classes and day camps are held to further education
for both young people and adults.
The current BGO program space has reached its maximum capacity. The new plans will enable
BGO to increase the level of nature education to the region's students and residents. This is a
win, win situation for the entire community. The Fayetteville City Parks and Recreation
Department has come up with a Lake Fayetteville trail compromise that will be of even greater
benefit to those who enjoy all the recreational amendments that Lake Fayetteville offers.
Please support the BGO plan for expansion.
Joyce Mendenhall — Lifetime Master Gardener, Botanical Garden of the Ozarks member since
1999, Current Botanical Garden of the Ozarks Board of Directors (City Council Representative).
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