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1999-11-08 * * OFFICIAL MINUTES * * APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS 1 CITY OF SOUTHLAKE 2 PARKS AND RECREATION BOARD MEETING 3 4 November 8, 1999 5 6 MINUTES 7 8 Board Members Present: Sherry Berman, Chair; Richard Anderson, Vice-Chair; Cara 9 White, Secretary; Mary Georgia; James Glover; Chris Miltenberger; Bill Kemp; Lisa 10 Stokdyk 11 12 Board Members Absent: 13 14 Staff Members Present: Kevin Hugman, Director of Community Services; John Eaglen, 15 Administrative Assistant; Chris Carpenter, Senior Comprehensive Planner; D'Ann Drennan, 16 City Attorney; Judy Russeau, Administrative Secretary. 17 18 19 Regular Session: 20 21 Agenda Item No. 1, Call to order. The meeting was called to order by Sherry Berman, 22 Chair at 7:05 PM 23 24 Reports: 25 26 Agenda Item No. 2.A. Administrative Comments. 27 Mr. Hugman informed the Board that the City of Southlake had its first Park Improvement 28 Day Saturday, November 6, 1999 at Lonesome Dove Park. There were approximately fifty 29 (50) residents from the community to help clean-up Lonesome Dove Park. Trees and 30 shrubs were planted and the project went very well. Ms. Stokdyk asked if the trees were 31 donated or purchased. Mr. Hugman said some of the trees were from Tree Farm #1 and the 32 rest of the trees and shrubs were purchased. Ms. Georgia expressed her appreciation to Mr. 33 Hugman and the City Staff for this project and the notice given to SPIN. Ms. Stokdyk 34 asked Mr. Hugman if the pumps now working at the waterscape were new or repaired. Mr. 35 Hugman said they were new pumps. 36 37 Consent Agenda: 38 39 Agenda Item 3.A. Approval of the minutes for the October 11, 1999 Meeting and the Joint 40 Park Board/SPDC Meeting September 27, 1999. 41 42 Mr. Glover made a motion to approve Agenda Item S.C.; Proposed revisions to the Fee 43 Schedule, as amended, the minutes of the October 11, 1999 Park Board Meeting and the 44 minutes of the September 27, 1999 joint SPDC/Park Board Meeting. Parks and Recreation Board Regular Meeting, November 8, 1999 Page I of 8 N.•IParks & Recreation lBOARDSIPKBOARDWINUTESI199911 I 0899.doc * * OFFICIAL MINUTES * * APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS 1 2 3 4 5 Motion: Glover 6 Second: White 7 For: Ms. Berman, Mr. Anderson, Ms. White, Ms. Georgia, Mr. Glover, Mr. 8 Miltenberger, Mr. Kemp, Ms. Stokdyk 9 Against: 0 10 Approved 8-0 11 12 Agenda Item No. 5. C. Proposed revisions to the Fee Schedule was moved up to the consent 13 agenda. 14 15 The Board recommended revisions to the Fee Schedule with changes to the pavilion charge 16 and in-line rental time. 17 18 Regular Agenda: 19 20 Agenda Item No. 4, Public Forum. 21 22 Ms. Berman asked if there were any requests to speak during the Public Forum. There 23 were no requests. Public Forum was closed at 7:10 PM. 24 25 Consider: 26 27 Agenda Item No. 5. B. Consider professional services agreement with Carter Burgess, Inc. 28 for consulting services regarding the update of the Trail System Master Plan, was moved up 29 the agenda. 30 31 Mr. Bud Melton, Bowman-Melton Associates and Julie Perkins, Carter Burgess were 32 present. 33 34 Ms. Stokdyk asked what the length of service would be. Mr. Melton said that it would be 35 twelve (12) months. Ms. Stokdyk said that she had some concern regarding efficiency. 36 Mr. Melton said that twelve meetings have been determined. Mr. Glover asked if these 37 would be public meetings. Mr. Melton said they would. Mr. Glover asked if there would 38 be additional meetings with staff and if these would be included in the fee. Mr. Melton said 39 that additional meetings with staff are included in the fee. 40 41 Mr. Glover had some concern on "Exhibit A" of the agreement regarding "Word 42 Processor/Secretary fee of $45.00." Mr. Glover said that he felt the fee was quite high for 43 secretarial services. Mr. Melton said that Carter Burgess, Inc. set the salary rate and the 44 services are more entailed than just secretarial services. They include graphic design and Parks and Recreation Board Regular Meeting, November 8, 1999 Page 2 of 8 N.•IParks & Recreation WOARDSIPKBOARDIMINUTES119991110899.doc * * OFFICIAL MINUTES * * APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS 1 page formatting. The fee is not related to work done separately from staff time devoted to a 2 project. 3 4 Mr. Miltenberger asked if this was a subcontract with Carter Burgess, Inc. Ms. Perkins 5 said it was. Mr. Hugman that the City cannot contract directly with Mr. Melton since only 6 certain professional services are exempt from state bidding requirements. Engineering and 7 architectural services are exempt so the City can enter into an agreement with Carter 8 Burgess. Mr. Miltenberger asked if Carter Burgess, Inc. marks up the fee. Mr. Melton 9 said no. Ms. Perkins said that they look at the total time and produce a final report. Mr. 10 Hugman said that this is not an uncommon practice to enter into a contract with a principal 11 firm that in turn sub-contracts for specialized services and cited Traffic Management Bond 12 Consultant as an example. Ms. Stokdyk asked where do we stand on the estimated hours? 13 Ms. Perkins said that it is not an unusual amount of hours; the depth of service makes this 14 project unique and there will be a very in-depth report. 15 16 Ms. Stokdyk said that in past studies land dedications have already been made and future 17 trails designated on the master plan. Mr. Hugman said that it is necessary to review the 18 current master plan and make revisions where necessary due to unforeseen development. It 19 will also be a more detailed master plan and include implementation strategies. 20 21 Ms. Berman said that at the Trail Convention in Grapevine, there were advocates for a trail 22 system and asked how we could get it implemented. She said there are some right-of-way 23 problems along with opportunities like utility easements, etc. 24 25 Ms. White said that this gives us a plan of attack of where we need to go. Ms. Stokdyk said 26 that she had concerns that the consultant will not be able to get us past the right-of-way and 27 land purchase issues and she is not sure what they can do for us. 28 29 Mr. Miltenberger made a motion to approve the professional services agreement with Carter 30 Burgess, Inc. 31 32 Motion: Miltenberger 33 Second: Anderson 34 For: Ms. Berman, Mr. Anderson, Ms. White, Ms. Georgia, Mr. Glover, Mr. 35 Miltenberger, Mr. Kemp, Ms. Stokdyk 36 Against: 0 37 Approved 8-0 38 39 Agenda Item No. S.A. Proposed revisions to Ordinance No. 483, Subdivision Ordinance, 40 regarding Park Dedication Fees. 41 42 A rough draft of the amendments to Section VII, Park Dedication Requirements, of 43 Subdivision Ordinance No. 483, as amended was included in the packets given to the Park 44 Board. Parks and Recreation Board Regular Meeting, November 8, 1999 Page 3 of 8 N.•IParks & Recreation lBOARDSIPKBOARDIMINUTESI19991110899.doc * * OFFICIAL MINUTES * * APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS 1 2 The amendments, requested by Park Board member Bill Kemp, address the Park Board's 3 desire to gain more discretion at critical timing points in the dedication and/or development 4 of park land in the city. This is in redline/strikeout format, where there are additions and 5 deletions to the existing ordinance. Mr. Kemp's own comments and observations followed 6 each proposed change, as well as comments and observations by various staff members. 7 This item has not been reviewed by the City Attorney for form or legality. The City 8 Attorney was available at the meeting for questions/comments. 9 10 Mr. Miltenberger expressed some concern at approving an ordinance not reviewed by the 11 City Attorney. Ms. Berman stated that the document brought before the Board this evening 12 is conceptual and meant for review. Mr. Anderson suggested giving the City Attorney the 13 Board's thoughts on the proposed revisions to the Ordinance No. 483. 14 15 The revisions were reviewed by the Board and approved as follows: 16 17 Page 5A3, Section 1. - All agreed 18 Page 5A4, Section 2. Section 3 A.,2 a, b. - All agreed 19 Page 5A5, Section 5. B.,1, Section 6 - All agreed 20 Page 5A6, Section 7. A., 1 & 2, Section 8.,3 - All agreed 21 Page 5A7, Section 9., 1 - All agreed 22 23 Mr. Hugman said that the Board should take into consideration that the City of Southlake is 24 not getting the larger developments it has in the past. Most new developments are 10-15 25 resident homes. There are few two (200) acre tracts left that would result in a five (5) acre 26 park dedication requirement. 27 28 Staff proposed that, if acceptable to the Park Board, this issue would be forwarded to the 29 City Council for input as to what direction they would like to take in proceeding with this 30 item as an ordinance amendment. The Board agreed to forward the amendments, with some 31 clarification of the language in places, to the City Council and wait for their input. Mr. 32 Kemp stated that he would work with staff to clarify the language, where needed, now that 33 the intent of the Park Board has been reached. 34 35 Motion: Miltenberger 36 Second: White 37 For: Ms. Berman, Mr. Anderson, Ms. White, Ms. Georgia, Mr. Glover, Mr. 38 Miltenberger, Mr. Kemp, Ms. Stokdyk 39 Against: 0 40 Approved 8-0 41 42 Discussion: 43 44 Agenda Item No. 6.A. Legal issues regarding Parks and Recreation Parks and Recreation Board Regular Meeting, November 8, 1999 Page 4 of 8 N.•IParks & Recreation WOARDSIPKBOARDIMINUTESI19991110899.doc * * OFFICIAL MINUTES * * APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS 1 2 At the September 13, 1999 Parks and Recreation Board meeting, several issues were 3 discussed that had a legal dimension to consider. Staff committed at this time to arrange for 4 the City Attorneys to be present at a future meeting to address the legal issues regarding 5 park dedication requirements and to answer any other questions regarding legal issues that 6 relate to parks and recreation. 7 8 Ms. D'Ann Drennan, City Attorney addressed the Board Members' questions. 9 10 Ms. Stokdyk had submitted the following questions. 11 12 Part of the City limits include Grapevine Lake and the Army Corps of Engineers permits 13 hunting from White Chapel - T.W. King. Because this area falls within the City of 14 Southlake parameters, and the City does not permit hunting should not the City have 15 jurisdiction? 16 17 Ms. Drennan said that there is generally a hierarchy in the government structure. The Army 18 Corps of Engineers could override the jurisdiction of the City. Mr. Glover asked who 19 would be sued if an individual were accidentally shot on this property during a hunting 20 event. Ms. Drennan said there is some governmental immunity. Mr. Glover asked if there 21 should be postings letting residents know of the hunting and if the City is liable for such 22 notices. Mr. Anderson said that hunting has been allowed, but is not part of the lease. The 23 problem is that the hunters start out hunting in the allowed areas and then wander into 24 populated, residential areas. Police have not been enforcing the no hunting restrictions or 25 the four-wheeling and three-wheeling restrictions. Ms. Berman suggested that someone 26 should talk to Mr. Gary Gregg, Deputy Director of Police Services, regarding this issue. 27 Mr. Glover said that this should be revisited and needs to be addressed. 28 29 Consistency in Park Fee Dedication by Developers and Terry Wilkinson Mr. Hugman 30 said that this was a staff question and he addressed the question by stating that the Park 31 Board has some flexibility in accepting park dedication proposals. . 32 33 Ms. Stokdyk asked if there were open bodies of water on parkland, ponds, waterscapes 34 depth limitations and fencing consistent with open water areas on developed land. Mr. 35 Hugman said that this is a building code question and there is not a maximum on depth and 36 fencing is not required. 37 38 Mr. Hugman said that he would like clarification from the City Attorney on open meetings 39 and executive sessions as related to the Parks and Recreation Board. 40 41 Texas open meeting act. 42 43 Ms. Drennan said that the Texas Open Meetings Act does not apply to an advisory board, 44 but that since the by-laws of the Parks and Recreation do state that the Board will comply to Parks and Recreation Board Regular Meeting, November 8, 1999 Page S of 8 N: IParks & Recreation lBOARDYPKBOARDIMINUTESI19991110899.doc * * OFFICIAL MINUTES * * APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS 1 the open meetings act and Board agreed to adhere to this regulation, they should limit the 2 use of executive sessions to specific conditions as stated in the regulation; need for a 3 consult with attorney, decisions that could be compromised in an open meeting. Ms. 4 Drennan also said that when an executive session is planned, a notice should be posted. Ms. 5 White asked if this applied to the SPDC Meetings also. 6 7 Ms. Drennan discussed issues regarding premise defect. Mr. Glover said that he had 8 witnessed children on the in-line hockey court during unsupervised use, not wearing 9 appropriate protective gear. Mr. Glover had a concern regarding injuries and if the City 10 could be sued. Mr. Glover asked if the City should put up a sign regarding the use of 11 protective gear. Ms. Drennan said there is specific language on the type of sign that should 12 be displayed. 13 14 Mr. Miltenberger asked if there was immunity for board members. Ms. Drennan said that 15 this is usually covered under an insurance policy. 16 17 Agenda Item No. 6.B. Bob Jones Park Planning and Design 18 19 Mr. Glover made a motion to table the discussion on Bob Jones Park Planning and Design. 20 21 Mr. Miltenberger said that he was against deleting the lighting. Ms. White said that there 22 was a grant for this. 23 24 Mr. Glover said that this would need to be revisited. 25 26 Motion: Glover 27 Second: Kemp 28 For: Ms. Berman, Mr. Anderson, Ms. White, Ms. Georgia, Mr. Glover, Mr. Kemp, 29 Ms. Stokdyk 30 Against: Mr. Miltenberger 31 Approved 7-1 32 33 Agenda Item No. 6.C. Liaison Reports: 34 35 Ms. White said that she had spoken to the sports directors and there is an interest in having 36 regular meetings, perhaps twice a year with the heads of the associations. All board 37 members were in support of these meetings. 38 39 Mr. Glover said that the athletic photos for hockey went very well and all were very 40 pleased. 41 42 KSB - Ms. Stokdyk said that Recycle Day will be this Saturday, November 13, 1999 and 43 there are flyers distributed and available at the Community Center and Home Depot. Home 44 Depot is co-sponsoring the event. Parks and Recreation Board Regular Meeting, November 8, 1999 Page 6 of 8 N.•IParks & Recreation OOARDSIPKBOARDIMINUTES119991110899.doc * * OFFICIAL MINUTES * * APPROVED BY THE PARKS AND RECREATION BOARD MEMBERS 1 2 Youth Parks and Recreation Board - The board has been having regular meetings and is 3 doing well. 4 5 SPIN - Ms. Georgia said there will be a citywide F. M. 114 information meeting regarding 6 the planned construction. Ms. White said that SPIN had expressed an interest in 7 participating in the Recreation/Teen Center. Ms. White expressed concern about being 8 informed prior to events. Mr. Hugman said he had addressed the need to get information 9 regarding festival booth events to organizations like SPIN earlier than had been done this 10 year. 11 12 SPDC - Mr. Glover said that a special meeting had been called by the Chairman to discuss 13 the natatorium. Mr. Miltenberger asked about the status with the resolution for SPDC and 14 should it go to the Park Board. Mr. Hugman said it would not, but staff would have input 15 on the design. Mr. Hugman noted that SPDC can consider requests from any committee. 16 The ad-hoc committee that assisted the JUC determined that a natatorium could be used as a 17 joint use facility, but funding had been left open for discussion. 18 19 Equestrians - Ms. White said the Equestrian Committee met and have developed a 20 newsletter. 21 22 Agenda Item No. 7, Adjournment. 23 24 Mr. Glover made a motion to adjourn the meeting, Mr. Kemp seconded the motion. 25 26 The meeting was adjourned by Chair Sherry Berman at 9:30 PM 27 28 AfY) 29 Sherry Ber n 30 C iV 31 L~~ 421; 32 IL' 33 Cara White 34 Secretary 35 36 37 Parks and Recreation Board Regular Meeting, November 8, 1999 Page 7 of 8 N: (Parks & Recreation lBOARDYPKBOARDIMINUTES119991110899.doc