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HomeMy WebLinkAboutMin - Parks and Recreation Board - 1994 - 01/20 - Special CalledI MINUTES PARKS AND RECREATION BOARD SPECIAL CALLED MEETING JANUARY 20, 1994 - 6 P.M. MEMBERS PRESENT Lonnie Thomas, Chairman Jim Waldbauer, Vice -Chairman Ross Obermeyer, Secretary Frank Maitland Byron Nielsen Leah Magruder MEMBERS ABSENT !i Ray Galloway GUESTS PRESENT Randy Mayberry, UCBC Jim Genneken, UCBC John Cahill, 633 Valley View Jenny Ridnour, 723 Victorian Drive Dennis Hobbs, 743 Monticello Circle Chris Bedenbaugh, 712 Pulitzer Lane STAFF PRESENT Rhoda Savage, Director of Parks and Recreation Sue Witkowski, Secretary CALL TO ORDER iThe meeting was called to order at 6:05 p.m., by Vice -Chairman Jim ` W aldbauer PAGE 2 PARKS AND RECREATION BOARD MEETING JANUARY 20, 1994 II. CONSIDER FOR COUNCIL APPROVAL A CONTRACT SUBMITTED BY UNIQUE CONCEPTS IN BATTING CAGES Vice -Chairman, Tun Waldbauer invited Director Rhoda Savage to present a brief background on the history of Unique Concepts in Batting Cages (UCBC). Rhoda indicated that after first being approached by UCBC on December 6, the Parks and Recreation Board forwarded an statement and offer of assistance to the City Council. The Parks and Recreation Board determined that the concept had merit and that they supported the idea in concept of batting cages at Ford Park. Staff was directed by Council to work through the details of a contract with UCBC and bring it back to them for approval. The Board was being called upon at this meeting to make a recommendation to Council regarding the proposed contract. Vice -Chairman Waldbauer called upon interested citizens wishing to speak to the Board to do so at this time. John Cahill 633 Valley View Allen, Texas Mr. Cahill spoke to the Board concerning several issues regarding the batting cages. He felt strongly that the batting cages were needed in Allen, but felt the City should take responsibility for putting them in the facility, not a private entity Mr. Cahill indicated that he had been solicited by his neighbors to represent them tonight and voice their opposition to the cages being placed at Ford Park. Mr. Cahill reported having contacted several companies who sell batting cages, as well as companies familiar with the operation of those cages. Mr. Cahill informed the Board that 20 batting cages were being built in Plano at Springcreek and Central Expressway, and felt the competition would be much too strong in for a private company to survive in Allen on their own land. Mr. Cahill stated that he wanted batting cages in Allen, just not on public land. Mr. Cahill also requested clarification by the Board on how much the City would earn, as well as exact placement of cages and other details. PAGE 3 PARKS AND RECREATION BOARD MEETING JANUARY 20, 1994 Dennis Hobbs 743 Monticello Circle Allen, Texas Mr. Hobbs indicated that he and his family have been residents of Heritage Park since 1989, and purposely bought their house next to the facility to utilize the small children's playground and quite areas of the park. He indicated that he was against the commercialization of the park, and would feel betrayed should the City allow this proposal to move forward. He indicated the land was purchased and developed using State funds, and he felt the influence would not be appropriate for the middle school aged children coming through the facility. He indicated he would be staying to speak to the City Council at their meeting this evening against the batting cages being put in Ford Park. Chris Bedenbaugh 712 Pulitzer Lane Allen, Texas Ms. Bedenbaugh spoke to the board against allowing batting cages to be placed in Ford Park. She also presented the Board with a petition containing 197 signatures of residents of Heritage Park that are against the placement of any batting cages or commercial use of Ford Park. She also indicated talk of rezoning the park and others told her that no rezoning would be required. She also indicated that she played softball, her husband was on a softball team, and they used batting cages in Richardson and Plano. She does not want them in her neighborhood park. She indicated that she would be presenting her remarks and the petition to City Council later this evening.]] Jenny Ridnour 723 Victorian Drive Allen, TX 75002 Supported Mr Hobbs' and Ms. Bedenbaugh's remarks regarding Ford Park and her opposition to placement of batting cages and video games as well as other commercial endeavors in Ford Park. She felt they are unattractive, as well not being appropriate the place them next to the playground for small children. Lonnie Thomas, Chairman arrived at the meeting and took responsibility for chairing the rest of the meeting. PAGE 4 PARKS AND RECREATION BOARD MEETING { JANUARY 20, 1994 Randy Mayberry, representing UCBC indicated that his attorney had prepared a letter, dated January 19, 1994 and he wished to read that letter aloud at that time. The letter basically indicated that they would be seeking to table the contract at the Council meeting and ask that the Council appoint a special committee made up of two Council members, two Parks and Recreation Board members, as well as any other members the Council would deem appropriate. Rhoda provided the Board members with a copy of the letter from the City of Allen Attorney, Don Crowder, stating his concerns with portions of the proposed contract. A memo from Charlotte Smith, Finance Director for the City of Allen regarding the liability insurance issues associated with the proposed batting cages. Lonnie thanked each of the residents who had spoken to the Board, and invited the Board to begin deliberations on this issue. Byron Nielsen spoke to the Board and indicated he had spent 15 hours looking at the proposed contract, and indicated that he felt it needed to be refined. Frank Maitland indicated the contract was too lengthy, and that the Board probably could not reach a consensus during the brief time allotted to them. Ross Obermeyer indicated the Board's original position of an "appropriate use of the land" might need to be reviewed. He said he was not comfortable with the options being presented in the proposed contract. He indicated there were zoning questions, as well as a possible need to solicit other proponents input. Leah Magruder said that she could not recommend the proposed contract, and that some other plan would need to be brought before the Board. Jim Waldbauer indicated that he could not recommend the proposed contract to Council for approval. Lonnie Thomas reminded the Board that they were there to consider what would be in the best interest of the citizens of Allen, not the best interests of UCBC. He also proposed a statement for the Board to consider present to the Council which read as follows: The Allen Parks and Recreation Board has carefully reviewed the subject contract and corresponding opinion of the City of Allen Attorney. We believe the proposed contract creates such a strong bias PAGE 5 PARKS AND RECREATION BOARD MEETING JANUARY 20, 1994 in favor of the tenant, that the interest of the Citizens of Allen and the City, as landlord, would be in grave jeopardy Therefore, we recommend that the Council not support acceptance of the contract. Further, it is our opinion that the language and purpose of the contract demonstrates that UCBC's self-interest precludes a good faith agreement, designed to place the City of Allen at an unacceptable disadvantage. We do not feel the City should be bound to an offer of an unsolicited proposal. If this type of project is deemed worthy, we recommend the City develop its own contract and seek competitive bids. Lonnie also asked the Board to consider if the proposed contract was in the best interest of the City Frank Maitland questioned the statement "seek competitive bids" He felt the Board had decided not to support such a statement at their last Board meeting. Lonnie asked him if that statement were struck, would he support the statement. Leah Magruder indicated she felt the statement should remain. She indicated that after seeing the proposed contract, she felt it would be in the best interest of the Citizens of Allen if several different proposals were solicited prior to any batting cages being installed. She reminded the Board that they had not seen the proposed contract at the time they supported not seeking other proposals. MOTION: Frank Maitland moved to send the following statement to the Allen City Council: We, as the Board, do not approve the contract as written and proposed by UCBC. Byron Nielsen seconded the Motion. COUNTER MOTION: Lonnie Thomas moved to have the statement he had provided the Board earlier be sent to Council. A vote was taken on the first Motion, and it carried 4 for, 2 against. Those casting votes for the Motion were Frank Maitland, Byron Nielsen, Jim Waldbauer and Leah Magruder. Those casting dissenting votes were Lonnie Thomas and Ross Obermeyer. PAGE 6 PARKS AND RECREATION BOARD MEETING JANUARY 20, 1994 III. ADJOURN There being no further business the meeting was adjourned at 7.25 p.m. These minutes read and approved this 14th day of February, 1994 Lonnie Thomas, Chairman P I oss bermeyer, ecretary