Loading...
1993-09-13 CITY OF SOUTHLAKE PARKS AND RECREATION BOARD MEETING Monday, September 13, 1993 7:30 p.m. Board Members Present: Chairperson Janet Murphy; Members: Frank Dorer, Rod Johnson, Vicki Johnson, Mike Jureka, Carol Lee Hamilton, Mike Thompson. Board Members Absent: Donn Renwick and Ann Barnes. City Staff Present: Shana Rice, Asst. to the City Manager, Tina Harvey, Parks and Recreation Coordinator, and Kim Bush, Secretary to the City Manager. The meeting was called to order at 7:50 p.m. by Chairperson Murphy. Agenda Item #2, Approval of Minutes. Motion was made to approve the minutes of the August 9, 1993 meeting as presented. Motion: V. Johnson Second: F. Dorer Ayes: Murphy, Dorer, R. Johnson, V. Johnson, Jureka, Hamilton, Thompson Nays: none Approved: 7 -0 Agenda Item #3, Administrative Comments. - Tina Harvey reported on the increase in use of the buildings at the Park. The majority of the use is non - profit organizations. - Carol Lee Hamilton suggested that two sets of keys be available at the dispatch office for the Park buildings. Ms. Hamilton commented that there have been occasions when the key had not been returned prior to the next group needing it. - Janet Murphy reported that the discussion of park dedication fees has not been completely dismissed. Agenda Item #4, Trail, Hwy. 26, DART easement -Joint Venture with Grapevine. Joe Moore, Parks and Recreation Department -City of Grapevine, was not ready to present the proposed trail along Hwy. 26. This item will come back to the Board for consideration at a later date. Agenda Item #5, Discussion Items: 1/2 cent sales tax referendum. Janet Murphy reported on the 1/2 cent sales tax campaign progress. Ms. Murphy commented that approximately 350 letters were sent out in the community soliciting input /interest. Ms. Murphy explained about the need to be consistent with responses about the 1/2 cent Parks and Recreation Board Minutes September 13, 1993 Page 2 sales tax and what it will be used to fund. Mike Jureka suggested that pictures be taken of existing park or vacant land and compare with what it could look like after improvements. Janet Murphy suggested that the following "negative" words /terms never be used when discussing the proposed 1/2 cent sales tax: - infrastructure - building - future revenue projections - libraries - tax burden - types of fields Rod Johnson presented a proposed list of 10 most common questions and answers to include in a brochure or to be available when questions are asked. (see attached) Park Dedication Requirements. Rod Johnson presented to the Board suggested changes for the Park and Recreation Dedication Requirements. He asked that each member review and comment on the changes by October 1. Chamber of Commerce Casino Night. Janet Murphy invited the members to attend the Chamber of Commerce Casino Night. Benefits from the event will go to the Southlake Playground Initiative. Halloween Carnival. Tina Harvey discussed the proposal for a halloween carnival at the park this year for two days -- Saturday, October 30 and Sunday October 31. Fall Recreational Program. Tina Harvey presented to the Board a list of the planned fall recreational programs. Ms. Harvey commented that it may be necessary in the future to limit enrollment to Southlake residents only. Park Refund Policy. Tina Harvey presented to the Board a proposed refund policy. Board members recommended: - supplies and materials will not be refunded - "after 2nd class pro -rate refund" wording within policy but not on application - full refund prior to 2nd. class meeting - -less the cost of supplies and materials Parks and Recreation Board Minutes September 13, 1993 Page 3 Lighting Fees. Janet Murphy informed the Board that at City Council's last meeting they adopted a resolution setting all the fees charged by the City. The fee for lighting was set at $10.00. Clean Cities. Shana Rice explained the Clean Cities 1/4 million dollar grant program to the Board. Ms. Rice commented that this is a joint effort with the cities of Grapevine, Colleyville and possibly Coppell. A few projects that could be funded include: - expand trash off - stenciling of storm drains - lake clean up - ponds /tanks preservation - tree relocation Sally Hall asked that she be called if anyone had any suggestions. Park Entrance Sign. Tina Harvey commented that she should know more about the status of the entrance sign next week. Parking Lot lighting. Tina Harvey commented that the pole has been set, and TU Electric should be out soon to hook up electricity. Youth Association Committee. Vicki Johnson reported on the meeting with the two Youth Association groups. Ms. Johnson commented that a committee is being formed to look at the interests of both groups and come up with a combined set of By -Laws. The meeting was adjourned at 10:30 p.m. t. v la WA =AAJ J net Murp y, Chai •erson ATTEST: 'i Bush, Secretary o the City Manager H: PK -93 -09 /MIN /kb 10 MOST COMMON QUESTIONS AND ANSWERS ABOUT CITIZENS ADVOCATING PARKS FOR SOUTHLAKE (CAPS) What are you trying to do and why? Southlake park and recreation are far behind minimal national standards because of our cities rapid growth and the city councils desire to keep property taxes low. Texas has recently passed a law that allows some cities to collect and keep a 1/2 cent sales tax to build city park and recreational facilities. Southlake citizens have petitioned the city council to .. ............................... place this option on the ballot on November '2. We want this to pass because it will cost less than other funding methods and it will prevent property taxes from being raised to build and develop parks. What will it cost me? Studies have shown that the average Southlake family spends about $200 on taxable purchases in Southlake each month. The cost for the average family would be about 1 dollar. Most of the sales tax collected in Southlake is paid by people passing through, companies in Dallas and Fort Worth who buy commercial products here, and area wide ...... ................:......::...... businesses purebasing from Soutbinke vendnrs4 What are the other options and what would they cost? The only other viable option would be to raise property taxes which would cost each household about another $100 per year. When would this start? ........ ............................... January 1994. When and how will it go away? The same way it starts by vote of the citizens. Anytime 10% of the voters petition to have the tax end, it must be put before the voters within 45 days. Who will administer the funds? Under the law a corporation must be formed. A corporation of seven (7) miens. ns What will be built and when? The City of South lake has a master plan that outlines the required park and recreation facilities for our City A tigaiLiir task force has recommended three primary areas which • will be developed first: - Expansion of Bicentennial Park for playgrounds, 000410 ball fields, soccer and ether-sports trails. - Development of Federal lake front property on Lake Grapevine for aquatic - Joint projects with the school district which will save the taxpayers money. • ; ' • • • • • ; • • II the The new sales tax will be the same as most surrounding cities and less than many other cities. Irving, Dallas, and Fort Worth 60.04:::*010.0140.tritatC Most businesses polled indicated that the sales tax has little or no effect on their business. „.„ . Has this been done around here before? Yes, several other local cities such as Hurst, Keller, relignik*Olittkite#i have passed this and are using it to build parks for their citizens. U we dou't approve the 112 cent • • - : " • . " - " " - ONOCt041:18010kelikikOkatitOltOittbditeilaitt% atiaitatiiiiiiatiniaittOWSPAM: Rod Johnson Parks and Recreation Board August 1993 Fix 43o- 'goo ARTICLE VII 2 „ 3 PARK AND RECREATION DEDICATION REQUIREMENTS 4 5 6 Section 7.01 Park and Recreation Dedication Requirements: 7 8 A. Purpose: The requirements for open space, park and recreational areas contained in this 9 ordinance are intended to ensure that in new residential developments in the City of 10 Southlake there will be sufficient land dedicated or otherwise set aside and developed in 11 accordance with the Southlake Parks, Recreation & Open Space Master Plan to meet the 12 demand and need of the future residents of the development for open space, and 13 neighborhood parks, containing passive or active recreational areas that are reasonably 14 attributable to such development. In determining the size of the parcel, or parcels, that should be set aside, and-- reserved, and developed in the manner set out in this ordinance, - _ the City Council has taken into consideration the projected growth in population and 17 development within the municipality and the amount of open space and park and 18 recreational facilities needed to accommodate such growth in developing the Southlake 19 Parks, Recreation & Open S • ace Master Pla hereinafte • refe : =: to as master • lan. It is 20 the policy of the municipality that when land is dedicated or otherwise set aside and 21 reserved for open space and park and recreational development it is designed to serve and 22 shall be of such size, character, and dimensions as is necessary to provide usable open 23 space and park and recreational areas. 24 25 B. Application: No final subdivision plat shall be approved on any development until the 26 dedication requirements of this section have been met. For any plat that includes ing an 27 existing residential dwelling the lot with the existing dwelling shall be exempt if the 28 residential dwelling remains on the lot. 29 Section 7.02 Park and Open Space Policy: 3` Revised Ofiginal City of Southlake Ordinance as noted on September 13. 1993. Page # 2 A. The City Council of the City of Southlake has adopted a comprehensive plan for the provision of park land, open space and recreation areas and facilities. Said plan is to be 3 maintained and updated by the City Planning and Zoning Commission and City Park 4 Board as a part of the comprehensive planning process. _ ... • - - .. 5 - - . - . - :.• : - - -. _. .. .. _ .. _. _. 6 _. -- ! ... ... .. ... _ 7 ... _ .. ... .. ., 8 _ .... . .. . • 9 ... . _ .... • • . • - .. . ... .. ... _. .. • .. . • • 10 . 11 . _. • . _: .. - .. .. -: . 12 residents e f the A portion of the cost of acquiring and developing the parks and/or 13 reserved open space contained in this plan will be born by developers of the new living 14 units in proportion to the Master Planned facilities required to serve the citizens of the 9 new residential living units. 17 B. Although commercial and industrial development does not generate residential 18 occupancies per se, it does create environmental impacts which may negatively affect the 19 living environment of the community. These impacts may be ameliorated or eliminated by 20 providing park or open space areas which buffer adjoining land uses, prevent undue 21 concentration of paved areas, allow for the reasonable dissipation of automotive exhaust 22 fumes, provide natural buffers to the spread of fire or explosion, and provide separation of 23 lighting, waste disposal, and noise by- products of commercial and/or industrial operations 24 and activities from adjacent residential areas. The City Council has therefore determined 25 that commercial and industrial activities should provide dedicated parks and/or reserved 26 open space at a rate as though the buildines maximum rated occupancy was residential 27 occupancy. This rate a+ would be equal to the maximum commercial occu . anc of the 28 facilities to be developed divided by the average occupancy per dwelling unit in the area to 29 be served multiplied by the prorated the cost per dwelling unit to acquire and develop Master Planned recreational lands, facilities and open space : : - - . - . .. Revised Original City of Southlake Ordinance as noted on September 13, 1993. Page # 3 C. In compliance with the terms and conditions of this ordinance, each subdivider or 3 developer, in the course of subdivision, shall comply with the following: 4 5 1. Whenever a final plat is submitted to the City of Southlake for approval, 6 such plat shall contain a clear fee simple dedication to the City of Southlake of an 7 area of land for park purposes, which area shall equal one acre for each 50 8 residential lots or living units to be covered by the residential development 9 and/or 50 acres of land projected for commercial or industrial development. 10 Multi- family development shall be assessed on a living unit rather than lot basis. 11 Each duplex, triplex, fourplex or apartment development shall be required to 12 reflect the number of living units to be incorporated in the development on the 13 preliminary and final plat submissions. 14 1 The City Council has determined that the development of an area smaller than five acres in size for public park purposes is impractical and creates 17 unreasonable and unnecessary maintenance and operating expenditures. In 18 appropriate circumstances, the Council may accept a dedication of park land of 19 less than five acres. However, if fewer than two hundred fifty (250) lots or living 20 units of residential development or 250 acres of commercial or industrial 21 development are projected for development on the final plat, the subdivider or 22 developer may be required to pay a fee in lieu of dedication to be used by the City 23 for the acquisition and development of park or open space areas. The fee shall be I 24 determined as set forth in Section 7.03 below. 25 26 3. In any case where a dedication is required the City shall have the right to 27 accept the dedication as submitted for approval on the final plat, or in the 28 alternative, to refuse dedication of the same, and in lieu thereof to require payment 29 of cash under the formula set forth in Section 7.03 below or to allow the developer to construct recreation or park improvements. The City may permit a combination , of dedication, improvements and fees to be used to fulfill this requirement. Revised Original City of Southlake Ordinance as noted on September 13, 1993. Page # 4 4. Any developer, irrespective of the size of the proposed development, who 3 desires to pay a fee or construct public-improvements improvements to park lands 4 or existing parks through bonded bid projects in accordance with plans approved 5 by the city council in lieu of the dedication of land, may make such a proposal to 6 the City Council, whiche may agree to accept the payment of a fee or the 7 construction improvements in lieu of dedication or some portion thereof. 8 9 5. In conformity with its park and recreation plan the City may choose to 10 purchase and improve a tract of land for park or recreation development prior to 11 the initiation of any subdivision platting activity in the immediate area. If the City 12 acquires property in such a manner, it may utilize any fees in lieu of dedication 13 collected from platted subdivisions or developments to reimburse the municipal 14 account from which funds were drawn to acquire the park or open space site. 15 6. .. . . - - . - .... - . . - .•. . _ .. - .. - 17 . _... . . .. .:,. _ • 18 . •. • • - ... • .. • .. _ . __ • _ _.. • - -- - - . A developer shall 19 be entitled to request credit for any private park, recreation or open space area, 20 which is not otherwise required by open space dedication requirements of the 21 PUD- but such private park, recreation or open space amenities may never satisfy 22 more than 50% of the total park and open space dedication requirement and must 23 represent the fair value of facilities or amenities contained in the master plan. Such 24 fair value can not exceed the cities estimated cost of providing planned facilities to 25 the new residential units. 26 27 7. No land dedicated or otherwise reserved in compliance with this article 28 shall have dimensions smaller than one hundred (100) feet in width and one 29 hundred fifty (150) feet in depth. In any development which includes wooded areas, flood plains, or other natural features which are desirable to maintain, the City Council may grant an exception from the strict application of these minimum Revised Original City of Southlake Ordinance as noted on September 13. 1993. Page # 5 dimensions whenever it determines that by doing so the protection and preservation of such areas will be promoted. 3 Section 7.03 Fees in Lieu of Dedication: 4 5 In order to ensure that park and open space areas are provided in such locations and sizes as to 6 best meet the recreational needs of the community, the City Council has established a provision to 7 receive the payment of fees in lieu of the dedication of land area. 8 9 .. ... •. ' .• .... - , 10 _.. 11 The Council shall, after reasonable study and investigation and based upon the best 12 available information as to land and property values within the community and costs to 13 develop recreational facilities determine what the cost would be of providing the planned 14 and required recreational facilities and open space for each newly developed residential and commercial units based on planned occupancy.. .. • - . - . • - • - . 17 .. .. .. ... . 18 19 B. If a developer should be required or choose to make a payment of fees in lieu of the 2 0 dedication of land for park and recreation purposes he will notify the Planning and Zoning 2 1 Commission of the number of acres projected for development in his final plat at the time 2 2 of final plat submission. The amount to be paid will be the cost per lot to provide the 2 3 planned and required recreational facilities and open space for each newly developed 2 4 residential and commercial units based on planned occupancy multiplied by the total 25 dwelling units of residential lots or the maximum commercial building occupancy divided 2 6 by the average number of occupants per residence in the area to be served. The-City-will 27 - .. .. 28 -- _ _ - - . . ! - . - . • ! - - .. . • 29 . -- • - -- .. • . -- . . • . . . -- - . . .. • Revised Ofiginal City of Southlake Ordinance as noted on September 13, 1993. Page # 6 C. The subdivider will pay the applicable fee to the City Secretary prior to the execution and 3 approval of the Developer Agreement. 4 5 D. Funds received by the City Secretary pursuant to this provision will be deposited in a 6 special escrow account denominated as the Park Land Account of the City of Southlake. 7 Funds placed in this account may be expended only for the purchase, lease, or other 8 acquisition of park and open space areas by the City of Southlake, the improvement and 9 site preparation of such areas and sites, the extension of utilities to such sites, the 10 installation of landscaping, play equipment or recreation improvements on such sites, 11 and/or attendant engineering and planning costs associated with such park activities. 12 Funds placed in this account may not be utilized for any other general business activity of 13 the City. All expenditures from this fund shall be made in accordance with the City's park 14 and recreation plan and shall be approved by the City Council of the City of Southlake, Texas. 17 Any individual. organization or entity desiring to make a contribution to the park and 18 recreation system of the City of Southlake may contribute funds to be placed in this 19 account. Once funds have been placed in this specific account of the City, they are bound 20 by the restriction on use encumbering funds paid as a fee dedication requirement. 21 22 Section 7.04 Character of Dedicated Land: 23 24 A. Land dedicated or otherwise set aside for open space and park and recreational areas shall 25 be of such size. dimensions, topography, and general character as is setforth in the master 26 plan and as may be further defined by the city council. - : .. • - - . 27 . . -- --•: . . - - , .. . .. - .. , 28 • - .. •:, , . - . 29 B. Natural areas or flood plains which provide unique opportunities may be included in areas dedicated or otherwise set aside or reserved for open space. In considering any area for Revised Original City of Southlake Ordinance as noted on September 13, 1993. Page # 7 dedication which does not meet the standards of this ordinance and where the ordinance allows the municipality to employ its discretion, the following may be considered: 3 4 1. Preservation area of unique natural beauty, area possessing unique natural 5 features, or other ecologically valuable areas. 6 7 2. Facilities may be developed in partial fulfillment of required parkland 8 dedication. 9 10 3. Whether the area is proposed to be contiguous to an existing or proposed 11 school site. 12 13 4. A combination of land dedication and fees paid in lieu of a portion of the 14 land dedication. 5 5. Where developments are contiguous two or more required dedications may 17 be combined to form a single, viable park area. 18 19 6. Acreage dedication which would expand existing parks or recreation 20 facilities. 21 2 2 7. An applicant may transfer the required parkland in a subdivision to another 2 3 location owned by the same applicant within the City of Southlake with the 2 4 consent of the City. Revised Original City of Southlake Ordinance as noted on September 13, 1993. Page # 8 2 Notwithstanding the above the overriding consideration will be the furtherance of the master plan. 3 4 Section 7.05 Maintenance of Private Parkland: 5 6 A. If the open space and park and recreational areas required by this ordinance are to remain 7 private, such areas shall be maintained by and deeded to a homeowners' association, or a 8 trustee. No plat containing a reservation of private open space and park and recreational 9 areas shall be approved until the applicant shall have filed with the City a declaration of the 10 covenants and restrictions that will govern such association or trustee, and received 11 approval of the same from the Planning and Zoning Commission and the City Council. 12 Such instrument shall be approved by the City Attorney as to legal form and effect, and 13 the City Council as to the suitability of the proposed use of the proposed open space and 14 park and recreational areas. �. B. The covenants and restrictions, when submitted, shall provide: For establishment of the 17 homeowners' association or trust prior to the sale of any part of the property, that the 18 covenants and restrictions and maintenance shall be permanent, that the homeowners are 19 liable for the payment of maintenance fees and capital assessments, that unpaid 20 homeowners' fees and assessments will be a lien on the property of the delinquent 21 homeowners, that the association or trustee shall be responsible for liability insurance, 22 taxes and perpetual maintenance, that membership shall be mandatory for each 23 homeowner and any successive buyer, and that each homeowner, at the time of purchase, 24 shall be furnished with a copy of the approved restrictions or conditions. 25 26 Section 7.06 Platting Requirements: 27 28 Any land dedicated or otherwise reserved under this ordinance for open space or park and 29 recreational areas shall be shown on the face of a plat submitted for approval by the Planning and Zoning Commission. The land proposed to be dedicated or otherwise reserved shall be submitted . _ by the developer or owner simultaneously with the filing of the preliminary plat to the city staff for Revised Original City of Southlake Ordinance as noted on September 13, 1993. Page # 9 consideration by the Planning and Zoning Commission for recommendation to the City Council. Upon approval, the final plat shall be filed of record in Tarrant County. 3 4 Section 7.07 Facilities Improvements in Lieu of Reservation of Open Space or Park and 5 Recreational Areas: 6 7 A developer may have the option of improving existing facilities of municipal parks or developing 8 dedicated parkland in lieu of parkland dedication or payment of cash. Should any of these options 9 be exercised, the municipality and the developer shall, prior to initiation of work on such 10 improvements, enter into an agreement for credit of expenses for authorized park improvements. 11 In no case shall the municipality be required to reimburse the developer if he chooses to improve 12 parklands at a greater amount than required. Such agreement to provide facility improvements in 13 lieu of dedication or reservation shall be clearly noted on the face of the preliminary plat at the 14 time of submission to the City for action. 1.5 Section 7.08 Prior Dedication or Payment of Cash in Lieu of Dedication or Reservation: 17 18 A. Credit may shall be given for any dedication or reservation of open space or park land (but 1 19 not in excess of 50% of the requirement if the park land is private) or payment of cash in 20 lieu of dedication or reservation made pursuant to this ordinance or deed restriction prior 21 to the date of passage of this ordinance. 22 23 B. If a dedication or cash payment in lieu of dedication requirement arose prior to the 24 passage of this Ordinance, that dedication or cash payment in lieu of dedication 25 requirement shall be controlled by the provisions of the ordinance in effect at the time such 26 obligation arose, provided the final subdivision plat has been filed with the City for 27 approval prior to the passage of this Ordinance. 28 29 C. At the discretion of the City Council, any former gift of land to the municipality 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 recommendations of the Planning Revised Original City of Southlake Ordinance as noted on September 13. 1993. Page # 10 and Zoning Commission and the Park Board in exercising its discretion under this paragraph. 3 4 .• . . , 5 6 7 Section 7.09 Standards for Dedicated Parklands: 8 9 A: -. e •.. .. ... ` - .. • ._ -., .. 10 .. . .. • . , -- .. -- .. -- . . 11 • •- • •. • - • • . • • . - • • - . If materials are deposited or disposed of within 12 the park, the Owner and/or developer will be required to remove these materials within 72 13 hours of written notice by the City. 14 1 ...- 5 B. That each corner of the parkland to be donated be permanently monumented with 3/4" iron pins set in concrete. These shall be located and identified on a recordable plat or land 17 survey completed by a land surveyor registered in the State of Texas and provided to the 18 City by Owner and/or Developer. 19 20 BG. That before the City accepts this land, the developer shall remove all trash and dead trees. 21 If materials are deposited or disposed of within the park, the Owner and/or developer will 22 be required to remove these materials within 72 hours of written notice by the City. 23 24 25 CD. That the developer provide for adequate drainage through the proposed park to eliminate 26 standing water and health hazards. 27 28 E. A minimum size of 6" water main and sewer where available to be stubbed to the park I 29 area, in location(s) specified by the Director of Public Works to provide for future water and sewer needs of the park. Revised Original City of Southlake Ordinance as noted on September 13. 1993. Page # 11 F. Sidewalks where applicable be constructed that provide contiguous walkways. 3 FG. Signage designating this area as parkland may be supplied by developer and/or owner. 4 The selection and type of signage will be approved by the Director of Public Works. 5 6 GH. Any detention ponds and/or other drainage facilities to be placed in areas which are to be 1 7 dedicated as parkland must be designed and constructed to allow for dual recreational use. 8 Construction plans may be required to demonstrate that the design, placement, and 9 construction of such ponds meets the requirements of the Director of Public Works. 10 11 HI. Developer shall meet with Director of Public Works to establish a written punch list of all 12 the above items. 13 14 The City Council may, at its discretion accept any combination of land, facilities improvements, or 1 monies in compliance with this ordinance to meet the demands and needs of future residents.