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HomeMy WebLinkAboutMin - Parks and Recreation Board - 1992 - 01/13 - RegularMINUTES PARKS AND RECREATION BOARD REGULAR CALLED MEETING JANUARY 13, 1992 - 7:30 P.M. MEMBERS PRESENT Ray Galloway, Chairman Tom Clark, Vice -Chairman Mary Widdowson-Martin, Secretary Jim Waldbauer Lonnie Thomas Gordon McIntyre Deby Chappell MEMBERS ABSENT WINT"n GUESTS PRESENT Mark Holmes Byron Nielsen STAFF PRESENT Rhoda L. Savage, Director of Parks and Recreation Sue Witkowski, Secretary I. CALL TO ORDER The meeting was called to order at 7:40 p.m. II. APPROVAL OF MINUTES MOTION: Tom Clark moved to accept the minutes from December 9, 1991, as presented. Mary Widdowson-Martin seconded and the Motion carried 7 for, 0 against. III. CITIZENS COMMENTS The order of the meeting agenda was changed to accommodate Mr. Mark Holmes and Mr. Byron Nielsen, guests wishing to speak to the Board. Mr. Byron Nielsen spoke to the Board regarding his concern that Adult Athletic Leagues and Allen Sports Association Leagues were in conflict over field usage. He felt some accommodations could be made at Hillside as well as the old Texin's ballfield (Bethany Lakes). He PAGE 2 MINUTES -PARKS AND RECREATION BOARD JANUARY 13, 1992 had concerns over the lighting at Bethany Lakes and felt some adjustments could be made utilizing lighting currently at Hillside. He also indicated that several groups of citizens (Men's Church Teams and Men's Recreation Teams) would be willing to volunteer time and expertise to assist in any upgrades the City was going to consider such as brush removal, light repairs, and general upgrading of facilities. He offered possible alternatives such as using the AISD High School Baseball diamond, using the outfield at Bethany Lakes for Flag Football and requesting Council action on current restrictions at Hillside and possibly moving dates of seasons back later into the spring. Following a brief discussion of concerns expressed, staff reported on the current status and Rhoda will update the Board at a later meeting. She indicated the possibility of forming a coalition of Adult Athletics, Youth Athletics, AISD and City of Allen to work through existing concerns. Rhoda also reported that a lighting study was currently being worked on by City staff. IV. MANDATORY PARK DEDICATION ORDINANCE Rhoda referred the Board members to the following proposed ordinance (contained in the Park Board Agenda Packet): ORDINANCE NO. AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING REQUIREMENTS FOR PARKLAND DEDICATION; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT; CONTAINING A SAVINGS CLAUSE; REPEALING ORDINANCE #382-2-82 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been determined by the Supreme Court of Texas that dedication of parkland does bear a substantial relation to health, safety, or general welfare of the community, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: Purpose: 1a) This ordinance is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the City of Allen. It is hereby declared by the City Council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and the only PAGE 3 MINUTES - PARKS AND RECREATION BOARD JANUARY 13, 1992 adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the City. lb) Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The park areas established by the Parks and Recreation Department and shown on the official Parks and Recreation map for the City of Allen shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated. SECTION 2: General Requirements: P.D., R-2, R-3, R-4, R-5, 2-F, TH, MF -1, MF -2, and MH land, contained in Ordinance #829-11-87 to be used for single family, duplex and/or apartment residential purposes. 2a) When a final plat is filed of record with the County Clerk of Collin County for development of a residential area in accordance with the planning and zoning ordinances of the City, such plat shall contain a clear fee simple dedication of an area of land to the City for park purposes, which area shall equal one acre per 160 single family units, and/or 1 acre per 200 multi family units. Any proposed plat submitted to the City for approval shall show the area proposed to be dedicated under this ordinance. The required dedication of this section may be met by a payment of money in lieu of land when permitted or required by the other provisions of this ordinance. 2b) The City Council declares that development of an area smaller than one acre for public park purposes is impractical. Therefore, if fewer than 160 single family units or 200 multi- family units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by Section 4(c), rather than to dedicate any land area. No plat showing a dedication of less than one acre shall be approved. 2c) In instances where an area of less than 5 acres is required to be dedicated, the City shall have the right to accept the dedication for approval on the final plat, or to refuse same, after consideration of the recommendation of the Planning and Zoning Committee and the Parks and Recreation Board, and to require PAGE 4 MINUTES -PARKS AND RECREATION BOARD JANUARY 13, 1992 payment of cash in lieu of land in the amount provided by Section 4(c), if the City determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks. 2d) The dedication required by this ordinance shall be made by filing of the final plat or contemporaneously by separate instrument unless additional dedication is required subsequent to the filing of the final plat. If the actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by Section 4(c), or by the conveyance of an entire numbered lot to the City. SECTION 3. Prior Dedication; Absence of Prior Dedication: 3a) Credit shall be given for land and/or money dedicated pursuant to Ordinance 3b) If a dedication requirement arose prior to the passage of this Ordinance, that dedication requirement shall be controlled by the ordinance in effect at that time such obligation arose, except that additional dedication shall be required if the actual density of structures constructed upon the property is greater than the former assumed density. Additional dedication shall be required only for the increase in density and shall be based upon the ratio set forth in Section 2 of this Ordinance. 3c) At the discretion of the City, any former gift of land to the City may be credited on a per acre basis toward eventual land dedication requirements imposed on the donor of such lands. The City Council shall consider the recommendation of the Planning and Zoning Commission and the Parks and Recreation Board in exercising its discretion under this Section. 3d) When PD Zoning requires an open space dedication at a ratio of one acre per 75 dwelling units, parkland dedication will be satisfied within the PD ratio. Any open space above the parkland requirement will not be subject to mandatory dedication. It will be up to the discretion of the property owner to dedicate the remainder of the open space. SECTION 4. Money in lieu of land: 4a) Subject to veto of the City Council, a land owner responsible for dedication under this ordinance may elect to meet the requirements of Section 2 in whole or in part by a cash payment in lieu of land, in the amount set forth in Section 4(c). Such PAGE 5 MINUTES -PARKS AND RECREATION BOARD JANUARY 13, 1992 payment in lieu of land shall be made at or prior to the time of final plat approval. 4b) The city may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase park land in a park zone, subsequent park land dedications for that zone shall be in cash only, and calculated to reimburse the City's actual cost of acquisition and development of such land for parks. The cash amount shall be equal to the sum of a) the average price per acre of such land, and b) the actual cost of adjacent streets and on-site utilities, or an estimate of such actual cost provided by the City Engineer and c) cost for site improvements such as grading clearing and 2grubbing, construction. Once the City has been reimbursed entirely for all such parklands within a park zone, this section shall cease to apply, and the other sections of this ordinance shall be applicable. 4c) To the extent that Section 4b) is not applicable, the dedication requirements shall be met by a payment in lieu of land at a per - acre price set and kept current by resolution by the City Council, sufficient to acquire land and provide for adjacent streets and utilities for a neighborhood park to serve the park zone in which such development is located. Unless changed by the City Council, such per -acre price shall be computed on the basis of $220.00 per single family unit and/or $175.00 per multi- family unit. 4d) Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same zone as the development. A zone shall be defined as the Community park district A, B, C, or D according to map 3 in the City of Allen Land Acquisition Policy. SECTION 5. Comprehensive Plan Considerations: Land shown on the neighborhood districts as 'NP' denotes the need of a neighborhood park within that district. Exact locations shall be determined by the suitability of the land at the time of platting. Size of the park shall be determined by the expected population of the district at a rate of 2.0 acres per 1000 persons. SECTION 6. Special Fund, Right to Refund 6a) There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this ordinance or any preceding ordinance which funds shall be known as the Park Land Dedication Fund. Deposits shall be documented and placed in an interest-bearing account. PAGE 6 MINUTES -PARKS AND RECREATION BOARD JANUARY 13, 1992 6b) The City shall account for all sums paid in lieu of land dedication under this ordinance with reference to the individual plats involved. Any funds paid for such purposes must be expended by the City within 4 years from the date received by the City for acquisition or development of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the property on the last day of such period shall be entitled to a pro -rata refund of such sum, computed on a square footage of area basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred. SECTION 7. Additional Requirements, Definitions: 7a) Any land dedicated to the City under this ordinance must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: 1) Any area primarily located in the 100 year flood plain. 2) Any areas of unusual topography or slope which renders same unusable for organized recreational activities. The above characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. 7b) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City Engineering Standards, and no significant area of the park is cut off from access by such channel. 7c) Each park must have ready access to a public street(s). 7d) Unless provided otherwise herein, an action by the City shall be by the City Council, after consideration of the recommendations of the Planning and Zoning Commission and the Parks and Recreation Board. Any proposal considered by the Planning and Zoning Commission under this Ordinance shall have been reviewed by the Parks and Recreation Staff and comments given to the Commission. 7e) If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provisions or application of this ordinance which PAGE 7 MINUTES -PARKS AND RECREATION BOARD JANUARY 13, 1992 can be given effect without the invalid provision or application and to this end, the provisions of this ordinance are declared to be severable. 7f) This ordinance shall become effective upon adoption by the City Council. Rhoda reviewed the proposed Ordinance with the Board Members, and answered questions regarding the "money in lieu of land" clause and how that money could be spent (existing parks, vs new parks). Following a brief discussion, MOTION: Tom Clark moved to accept the Ordinance as proposed by Staff, Gordon McIntyre seconded and the Motion passed, 7 for, 0 against. V. PARK FEE REVISIONS Rhoda provided the Board Members with proposed fee revisions for FY1991-92. Following a brief review by Board members, she indicated that she was providing them the information to consider and bring back a recommendation at the next meeting (possibly a Special Called Meeting). Some of the most substantial changes due to the proposed modified fee structure are as follows: 1. Implementation of Non -Resident User Fee 2. Increase Light Fee 3. Eliminate Light Fee for Youth League Practice - 2 Weeks Prior to Season 4. Across the Board Fee Increases 5. Combine Fish Camp and Day Camp 6. Reserve Pavilions and Picnic Units for Small Fee 7. Charge for Open Gym Use 8. Change Tournament Fee Structure 9. Eliminate Transportation Services for all Programs Rhoda indicated that she would be forwarding the support materials turned into her by Ed Voss and Sandy McGowan regarding these fee changes as she felt it might help the Board members in their study of the proposal. VI. UPDATES A. Americans with Disabilities Act Rhoda had been contacted by Dorothy Bennett with the Allen Independent School District regarding possible programming for students with disabilities. She wanted to discuss program modifications to existing facilities and programs. Mary PACE a MINUTES -PARKS AND RECREATION BOARD JANUARY 13, 1992 Widdowson-Martin indicated that she had a great deal of information on the Americans with Disabilities Act and would be making copies and dropping them by the office for Rhoda's review. Rhoda reported that this Act will have effects on the City and the facilities within the City and would be keeping the Board updated as she received information. B. Bethany Lakes Construction Rhoda reported that Phase I -A of Bethany Lakes is now 62% completed. She reported that the deadline of February 1, 1992 would not allow completion of the project and two requests for extensions have been denied. She reported that within 45 days of the dealine she will need to submit the final request for reimbursement and have an on-site inspection by Texas Parks and Wildlife Department. The playground is finished and the fishing deck is almost complete, along with the parking lot which is 90% complete. She reported that rain had hampered the progress at Bethany lakes and that rain days were provided for in the contract with Architectural Utilities, but that does not alter the deadline of February 1, 1992 with Texas Parks and Wildlife Department. Personnel Changes Rhoda reported that Ed Voss would be leaving the City of Allen effective January 31, 1992, to join the City of Plano Parks and Recreation Department. She reported that Ed would be missed a great deal and that she would be seeking a part-time interim person to handle the athletics portion of that position. Rhoda also reminded the Board of the January 18 election for the one- half cent sales tax. VI. ADJOURN There being no further business the meeting was adjourned at 9:20 p.m. These minutes read and approved this 27th day of January, 1992. 1" ay G way, Chairman Mar Widdowson-Martin, Secretary