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2013.05.07 City Council Agenda
CITY OF UNIVERSITY PARK REGULAR CITY COUNCIL MEETING LOCATION: CITY HALL COUNCIL CHAMBER AGENDA #2860 MAY 7, 2013 CALL TO ORDER: 2:45 P.M. 2:45 - 3:45 P.M.EXECUTIVE SESSION: The City Council will meet in closed session under GC §551.071(1)(a) to consult with Attorney Rick Tubb, representing the City in Legacy Hillcrest Investments, Ltd. v. the Board of Adjustment of the City of University Park, Texas. No action will be taken. Executive Conference Room, first floor, City Hall. 3:45 - 4:30 P.M.DISCUSS: Parks staff will provide the Council information regarding possible changes to park facilities usage and reservation policies. No action will be taken. Council Conference Room, 2nd floor, City Hall. 4:30 - 5:00 P.M.WORK SESSION FOR AGENDA REVIEW: The City Council will convene into open work session to receive agenda item briefings from staff. No action will be taken. Council Conference Room, 2nd floor, City Hall. TO SPEAK ON AN AGENDA ITEM Anyone wishing to address the Council on any item must fill out a green “Request to Speak” form and return it to the City Secretary. When called forward by the Mayor, before beginning their remarks, speakers are asked to go to the podium and state their name and address for the record. I . CALL TO ORDER A .INVOCATION: Councilmember Dawn Moore B .PLEDGE OF ALLEGIANCE: Councilmember Dawn Moore C .INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D .INTRODUCTION OF STAFF: City Manager Bob Livingston II . AWARDS AND RECOGNITION A.RETIREMENT: recognize Police Captain Leon Holman's retirement after 37 years of service B.PRESENTATION: of Youth Advisory Council Report on 2012/2013 Activities III . CONSENT AGENDA A.CONSIDER AND ACT: on Central Expressway bridge landscape maintenance agreement with Southern Methodist University and the George W. Bush Foundation B.CONSIDER AND ACT: on bids received for annual defective sidewalks repair program C.CONSIDER AND ACT: on minutes of the April 16, 2013 City Council Meeting IV . MAIN AGENDA A.DISCUSS: proposed amendments to park facilities use ordinance and provide direction to staff Page 1 of 44 B.CONSIDER AND ACT: on an ordinance establishing the Over-65 and Disabled Homestead Exemption amount at $275,000 V. PUBLIC COMMENTS Anyone wishing to address an item not on the Agenda should do so at this time. Please be advised that under the Texas Open Meetings Act, the Council cannot discuss or act at this meeting on a matter that is not listed on the Agenda. However, in response to an inquiry, a Council member may respond with a statement of specific factual information or a recitation of existing policy. It is the Council’s policy to request that citizens not address items that are currently scheduled for a future agenda or public hearing. Instead, the Council requests that citizens attend that specific meeting to express their opinions, or comment to the Council by e-mail at City-Council@uptexas.org or letter addressed to the Mayor and Council at 3800 University Blvd., University Park, Texas 75205. Other questions or private comments for the City Council or Staff should be directed to that individual immediately following the meeting. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any Agenda items listed herein. Page 2 of 44 AGENDA MEMO (5/7/2013 AGENDA) TO:Honorable Mayor and City Council FROM:Gary W. Adams, Chief of Police SUBJECT:RETIREMENT: recognize Police Captain Leon Holman's retirement after 37 years of service BACKGROUND: Captain Leon Holman began working at the University Park Police Department (UPPD) back in 1975 after several years with the Dallas County Sheriff’s Department. During his tenure with the UPPD he has been a patrol officer, a detective in the Criminal Investigation Division and moved up the ranks to the Sergeant, Lieutenant and then was promoted to the rank of Captain in 1987. Most recently Captain Holman directed the Support Services Division which oversees Property and Evidence, the Department’s Direct Alarm Monitoring program, media issues and public relations matters. Support Services also manages Animal Control, School Crossing Guards and the Police Records Division. April 30, 2013 was his final day with the University Park Police Department. His dedication to the Police Department, the City of University Park and its citizens is greatly appreciated and he'll be missed by all. Page 3 of 44 AGENDA MEMO (5/7/2013 AGENDA) TO:Honorable Mayor and City Council FROM:Steve Mace, Community Information Officer SUBJECT:PRESENTATION: of Youth Advisory Council Report on 2012/2013 Activities BACKGROUND: Comprised of 27 University Park residents in grades 9 through 12, the City’s Youth Advisory Commission has completed its fifth year of service to the community. All Youth Advisory Commission members are selected after submitting an online application and participating in a panel interview. The Commission was created by the City Council as an advisory group on issues directly related to teenagers. YAC also helps the City with various special events and ongoing community outreach efforts. Among the Commission’s activities from May 2012 to May 2013: * Helped the City spread the word on its Fight the Bite campaign to combat West Nile virus. YAC members were actors in a public service announcement that demonstrates how to rid properties of standing water. YAC members also helped distribute a Fight the Bite door hanger. * Assisted City staff at various community events including: the annual Fishing Derby, the July 4 Fun Run, Holiday Tree Lighting ceremonies at Elena’s Children’s Park and at Snider Plaza and the Eggstravaganza in Goar Park * Staffed 2 community-wide document shredding/e-waste disposal events Page 4 of 44 AGENDA MEMO (5/7/2013 AGENDA) TO:Honorable Mayor and City Council FROM:Gerry Bradley, Park Director SUBJECT:CONSIDER AND ACT: on Central Expressway bridge landscape maintenance agreement with Southern Methodist University and the George W. Bush Foundation BACKGROUND: Over the past several months, the City of University Park, TXDOT, the City of Dallas, SMU and the George Bush Presidential Library Foundation have been implementing beautification efforts at the bridge overpasses at Mockingbird Lane, SMU Blvd., University Blvd., Lovers Lane and Southwestern Blvd. With the project complete, staff is prepared to enter into a maintenance agreement with SMU and the GWBF to support the funding of landscape maintenance of the bridges. A copy of the agreements and details of associated maintenance costs are included for the Council's review. The agreements indicate that SMU will be responsible for funding maintenance of the Mockingbird Lane bridge and half the maintenance costs of the SMU Bridge. The GWBF will be responsible for funding the remaining half of the maintenance cost at SMU Blvd. RECOMMENDATION: Staff requests City Council approval to enter into a maintenance agreement with SMU and the George W. Bush Foundation to support the funding of the landscape maintenance of the referenced bridges. ATTACHMENTS: SMU Agreement GWBL Agreement Agreement Funding Page 5 of 44 1 DEVELOPMENT AGREEMENT BETWEEN SMU AND THE CITY OF UNIVERSITY PARK WHEREAS, Southern Methodist University (hereinafter sometimes referred to as the "University") and the City of University Park, Dallas County, Texas ("City") wish to enter into a mutually beneficial agreement with regard to certain maintenance of landscaping for certain bridges located along US 75, a roadway on the state highway system in the City and in Dallas, Dallas County, Texas; WHEREAS, the City is responsible for maintaining landscaping on and around Southwestern, Lovers, University, SMU, and Mockingbird bridges, along US 75, as more particularly described in the Advanced Funding Agreement for Voluntary Maintenance by a Local Government between the State of Texas and the City with an effective date of January 6, 2012, attached hereto as Exhibit A ("Voluntary Maintenance Agreement"); and WHEREAS, the University and the City desire to enter into an agreement ("Agreement") that will authorize the University to provide a financial commitment for certain maintenance, as set forth in section 2 of the Voluntary Maintenance Agreement (the “Work”), to those portions of the bridge overpasses at the intersection of US 75 with the following public streets: (1) Mockingbird Lane and (2) SMU Blvd. (collectively, the “Designated Properties”). NOW, THEREFORE, in consideration of the premises and in further consideration of the obligations hereinafter undertaken, one to the other, the parties hereto agree as follows: I. Affected Area of City Owned Land The provisions of this Agreement apply only to the Designated Properties. II. Payment of Costs and Term Upon receipt on or before May 15 of each calendar year of reasonable backup documentation and invoices relating to the Work related to the Designated Properties, the University will make payment to the City on or before June 30 of each year in an amount equal to 100% of such documented costs for Mockingbird Lane and 50% of such documented costs for SMU Blvd., for a period of five years, where the aggregate payments to be made by the University for the Designated Properties will not exceed $75,000 during the five-year term. The five-year term will begin on ____, 2013 and the term will terminate immediately and without notice upon the earlier of: (1) the end of the five-year term (which is to occur on ____, 2018); (2) at such time as the University’s payments to the City pursuant to this Agreement reaches an aggregate amount of $75,000; or (3) upon the termination of the Voluntary Maintenance Agreement ("Term"). In the event the City fails to send the invoices and related backup documentation to the University for the Work relating to the Designated Properties on or before May 15 of a given year, the University will be entitled to make payment to the City on or before forty-five days following the receipt of such items from the City. Page 6 of 44 2 III. Compliance with the Voluntary Maintenance Agreement The City hereby agrees that, in performance any obligations under the Agreement, it will at all times comply with the Voluntary Maintenance Agreement. IV. Consultation regarding Contractor to Perform the Work In the event the City desires to engage a different service provider to perform the Work on the Designated Properties (each, a “Contractor”), the City hereby agrees to first provide written notice of the proposed Contractor to the University and further agrees that no Contractor shall be engaged until the City and the University mutually agree on such Contractor; provided, however, in no event shall any such mutual selection alter any obligation of the University under this Agreement. V. Miscellaneous A. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreement with regard thereto. This Agreement cannot be changed except by written agreement of the parties. B. Should any provision of this Agreement be held or determined to be illegal, invalid, or unconstitutional, such holding shall not affect the remaining portions of this Agreement which are declared to be severable. C. Each person signing this Agreement represents that he is authorized by the governing body of the entity he represents to execute this Agreement on behalf of such entity. D. This Agreement is mutually assignable by the parties hereto, provided that any and all successors and assigns must assume in full all obligations arising under this Agreement. E. Any notice or communication required or permitted under this Agreement shall be given in writing, sent by (a) personal delivery; (b) expedited delivery service with proof of delivery; or (c) United States mail, postage prepaid, registered or certified mail, addressed as follows: To SMU: Southern Methodist University P.O. Box 750132 Dallas, Texas 75275-0132 Attn: Vice President for Legal Affairs and General Counsel To the City: City of University Park 3800 University Park University Park, Texas 75205 Attn: City Manager Page 7 of 44 3 or to such other address or to the attention of such other person as hereafter shall be designated in writing by the applicable party sent in accordance herewith. Any such notice or communication shall be deemed to have been given either at the time of personal delivery or, in the case of delivery service or mail, as of the date of first attempted delivery at the address and in the manner provided herein. Executed by the parties hereto by and through their duly authorized representatives and effective on the latter of the dates shown below. Southern Methodist University By: Date: City of University Park By: Date: Page 8 of 44 4 EXHIBIT A VOLUNTARY MAINTENANCE AGREEMENT DALLAS_1/6018501V.7 40296-21 03/26/2013 Page 9 of 44 1 AGREEMENT BETWEEN THE CITY OF UNIVERSITY PARK AND THE GEORGE W. BUSH FOUNDATION WHEREAS, the George W. Bush Foundation (hereinafter sometimes referred to as the "Foundation") and the City of University Park, Dallas County, Texas ("City") wish to enter into a mutually beneficial agreement with regard to maintenance of landscaping for the bridge located on SMU Boulevard over US 75, a roadway on the state highway system in the City and in Dallas, Dallas County, Texas; WHEREAS, the City is responsible for maintaining landscaping on and around the SMU Boulevard bridge over US 75, as more particularly described in the Advanced Funding Agreement for Voluntary Maintenance by a Local Government between the State of Texas and the City with an effective date of January 6, 2012, attached hereto as Exhibit A ("Voluntary Maintenance Agreement"); and WHEREAS, the Foundation and the City desire to enter into an agreement ("Agreement") that will authorize the Foundation to provide a financial commitment for certain maintenance, as set forth in section 2 of the Voluntary Maintenance Agreement (the “Work”), to the bridge overpass at the intersection of US 75 with SMU Blvd. (the “Designated Property”). NOW, THEREFORE, in consideration of the premises and in further consideration of the obligations hereinafter undertaken, one to the other, the parties hereto agree as follows: Affected Area of City Owned Land The provisions of this Agreement apply only to the Designated Property. Payment of Costs and Term Upon receipt on or before May 15 of each calendar year of reasonable backup documentation and invoices relating to the Work related to the Designated Property, the Foundation will make payment to the City on or before June 30 of each year in an amount equal to 50% of such documented costs for SMU Blvd., for a period of five years, where the aggregate payments to be made by the Foundation for the Designated Property will not exceed $75,000 during the five-year term. The five-year term will begin on ____, 2013 and the term will terminate immediately and without notice upon the earlier of: (1) the end of the five-year term (which is to occur on ____, 2018); (2) at such time as the Foundation’s payments to the City pursuant to this Agreement reaches an aggregate amount of $75,000; or (3) upon the termination of the Voluntary Maintenance Agreement ("Term"). In the event the City fails to send the invoices and related backup documentation to the Foundation for the Work relating to the Designated Property on or before May 15 of a given year, the Foundation will be entitled to make payment to the City on or before forty-five days following the receipt of such items from the City. Page 10 of 44 2 Compliance with the Voluntary Maintenance Agreement The City hereby agrees that, in performance any obligations under the Agreement, it will at all times comply with the Voluntary Maintenance Agreement. Consultation regarding Contractor to Perform the Work In the event the City desires to engage a different service provider to perform the Work on the Designated Property (each, a “Contractor”), the City hereby agrees to first provide written notice of the proposed Contractor to the Foundation and further agrees that no Contractor shall be engaged until the City and the Foundation mutually agree on such Contractor; provided, however, in no event shall any such mutual selection alter any obligation of the Foundation under this Agreement. Miscellaneous This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreement with regard thereto. This Agreement cannot be changed except by written agreement of the parties. Should any provision of this Agreement be held or determined to be illegal, invalid, or unconstitutional, such holding shall not affect the remaining portions of this Agreement which are declared to be severable. Each person signing this Agreement represents that he is authorized by the governing body of the entity he represents to execute this Agreement on behalf of such entity. This Agreement is mutually assignable by the parties hereto, provided that any and all successors and assigns must assume in full all obligations arising under this Agreement. Any notice or communication required or permitted under this Agreement shall be given in writing, sent by (a) personal delivery; (b) expedited delivery service with proof of delivery; or (c) United States mail, postage prepaid, registered or certified mail, addressed as follows: To George W. Bush Foundation: ____________________________ ____________________________ ____________________________ To the City: City of University Park 3800 University Blvd. University Park, Texas 75205 Attn: City Manager or to such other address or to the attention of such other person as hereafter shall be designated in writing by the applicable party sent in accordance herewith. Any such notice or communication shall be deemed to have been given either at the time of personal delivery or, in the case of Page 11 of 44 3 delivery service or mail, as of the date of first attempted delivery at the address and in the manner provided herein. Executed by the parties hereto by and through their duly authorized representatives and effective on the latter of the dates shown below. George W. Bush Foundation By: Date: City of University Park By: Date: Page 12 of 44 4 EXHIBIT A VOLUNTARY MAINTENANCE AGREEMENT DALLAS_1/6018501V.7 40296-21 03/26/2013 Page 13 of 44 Page 14 of 44 AGENDA MEMO (5/7/2013 AGENDA) TO:Honorable Mayor and City Council FROM:Gene R. Smallwood, P.E.; Director of Public Works SUBJECT:CONSIDER AND ACT: on bids received for annual defective sidewalks repair program BACKGROUND: Engineering Division staff developed specifications and bid documents for the City's annual program to repair defective sidewalks. Solicitation of bids for the project was advertised, as required by law. A pre-bid conference was conducted with prospective contractors to address questions about the proposed work. Although five contractors attended the pre-bid meeting, only one bid was received. The unit cost for replacement was almost twice that of bids received last year. Additionally, the low bidders references detailed several projects of considerably smaller scale than the City's project. To that end, staff recommends rejection of the bid and readvertisement of the project. RECOMMENDATION: Staff recommends that City Council rejects the bid of TxCol in the amount of $55,338.50. Page 15 of 44 AGENDA MEMO (5/7/2013 AGENDA) TO:Honorable Mayor and City Council FROM:Liz Spector, City Secretary SUBJECT:CONSIDER AND ACT: on minutes of the April 16, 2013 City Council Meeting BACKGROUND: Minutes of the April 16, 2013 City Council Meeting are provided for the Council's review. ATTACHMENTS: 2013.04.16 City Council Mtg Min Page 16 of 44 0,187(6 $*(1'$ &,7<&281&,/0((7,1* &,7<2)81,9(56,7<3$5.7(;$6 &281&,/&+$0%(5±&,7<+$// 78(6'$<$35,/ 30 4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW: The City Council convened into open work session to receive agenda item briefings from staff. Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, Councilmember Moore and Councilmember Stewart were present. Also present were City Attorney Dillard and City Manager Livingston. No action was taken. 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&RXQFLOPHPEHU0RRUHDQG&RXQFLOPHPEHU%HJHUW$OVRLQDWWHQGDQFHZHUH&LW\ 0DQDJHU/LYLQJVWRQDQG&LW\$WWRUQH\'LOODUG 7KH%R\6FRXWVLQDWWHQGDQFHLQWURGXFHGWKHPVHOYHV7KH\LQFOXGHG-DUUHWW0XUUD\ 7URRSZRUNLQJRQWKH&LWL]HQVKLSLQWKH&RPPXQLW\PHULWEDGJH )RUG)DUPHU 7URRS&LWL]HQVKLSLQWKH&RPPXQLW\PHULWEDGJH +HQU\.LVWOHU7URRS &RPPXQLFDWLRQVPHULWEDGJH 6KDQH0XUUD\7URRS&LWL]HQVKLSLQWKH &RPPXQLW\PHULWEDGJH 0DWWKHZ-RUGDQ7URRS&RPPXQLFDWLRQVPHULWEDGJH DQG7UH\6FDUGLQR7URRS&LWL]HQVKLSLQWKH&RPPXQLW\PHULWEDGJH0D\RU 'DYLVWKDQNHGWKHVFRXWVIRUDWWHQGLQJWKHPHHWLQJ I.CALL TO ORDER $,192&$7,21 'LUHFWRURI&RPPXQLW\'HYHORSPHQW5REELH&RUGHU %3/('*(2)$//(*,$1&( 'LUHFWRURI&RPPXQLW\'HYHORSPHQW&RUGHU%R\ 6FRXWV &,1752'8&7,212)&281&,/ 0D\RU:5LFKDUG'DYLV ',1752'8&7,212)67$)) &LW\0DQDJHU%RE/LYLQJVWRQ Page 18 of 44 6WDIILQDWWHQGDQFHLQFOXGHG &RPPXQLW\,QIRUPDWLRQ2IILFHU6WHYH0DFH'LUHFWRU RI,QIRUPDWLRQ6HUYLFHV-LP&ULVZHOO3ROLFH&KLHI*DU\$GDPV'LUHFWRURI3XEOLF :RUNV%XG6PDOOZRRG&LW\6HFUHWDU\/L]6SHFWRU$VVW'LUHFWRURI3XEOLF:RUNV -DFRE6SHHU$VVWWRWKH&LW\0DQDJHU*HRUJH(UWOH)LUH&KLHI5DQG\+RZHOO 'LUHFWRURI+XPDQ5HVRXUFHV/XDQQH+DQIRUG'LUHFWRURI&RPPXQLW\ 'HYHORSPHQW5REELH&RUGHU/LEUDU\'LUHFWRU6KDURQ0DUWLQDQG'LUHFWRURI3DUNV *HUU\%UDGOH\ Consent Agenda approval will authorize the YMCA to conduct the 5th Annual Kids Triathlon Sunday, June 30, 2013, from 7:00 a.m. to 9:00 a.m. Consent Agenda approval will adopt a resolution authorizing the City to make a purchase exempt from certain competitive bidding requirements under LGC Section 252.022. RESOLUTION NO. 13-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE PURCHASE OF LIFEPAK 15 DEFIBRILLATORS AND RELATED EQUIPMENT; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. Consent Agenda approval will authorize the City Manager to execute a contract for the purchase of 4 Physio-Control Lifepac 15 Cardiac Monitor/Defibrillators in the amount of $166,402.60 Consent Agenda aproval will authorize a Master Interlocal Agreement with Dallas County to standardize documentation of road and bridge maintenance agreements between the County and the City. The five-year agreement establishes basic responsibilities, obligations, and expectations to be included in any future joint maintenance agreements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age 19 of 44 Consent Agenda approval will authorize the City's participation in a Mutual Aid Agreement with NCTCOG for a North Central Texas Public Works Mutual Aid Agreement. Consent Agenda approval will authorize an amendment to the University Park Public Library Meeting Room Policy. The change will allow the 3rd floor meeting space to be rented from 8:30 a.m. until library closing time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age 20 of 44 0U0DUN6FKHFKWHUUHSUHVHQWLQJ&UHVFHQW(VWDWHV&XVWRP+RPHVDGGUHVVHGWKH &RXQFLO+HVDLGWKHKRPHVZLOOYDU\IURPDSSUR[LPDWHO\VTXDUHIHHWWR VTXDUHIHHWZLWKWZRFDUJDUDJHV+HWROGWKH&RXQFLOWKDWRIWKH SURSRVHGXQLWV DUHXQGHUFRQWUDFWRURSWLRQEDVHGRQDSSURYDOE\&RXQFLODWWRQLJKW VPHHWLQJ+H DOVRPHQWLRQHGWKDWWKHHQWLUHVLWHZLOOEHODQGVFDSHGZLWKDPLQLPXPRIRQHLQFK FDOLSHUWUHHDQGVKUXEEHU\RQHDFKORW 0D\RU'DYLVWKDQNHG0U6FKHFKWHU7KHUHZHUHQRRWKHUUHTXHVWVWRDGGUHVVWKH &RXQFLODQG0D\RU'DYLVFORVHGWKHSXEOLFKHDULQJ 0U&RUGHUVWDWHGDSXEOLFKHDULQJZDVFRQGXFWHGDW3 =DQGWKHFRPPLVVLRQ XQDQLPRXVO\UHFRPPHQGHGDSSURYDORIWKHUHTXHVWWRDPHQGWKHVLWHSODQIRU3' 0D\RU'DYLVDVNHGIRUDPRWLRQRQWKHUHTXHVW &RXQFLOPHPEHU0RRUHPDGHDPRWLRQWRDSSURYHDQRUGLQDQFHDPHQGLQJWKH GHWDLOHGVLWHSODQIRU3ODQQHG'HYHORSPHQW'LVWULFW3' WRSURYLGHIRUQLQH ]HURORWOLQHGZHOOLQJXQLWVRQDWUDFWRIDFUHVEHLQJORWV%ORFN&3RWRPDF 3DUN6HFRQG,QVWDOOPHQWDQ$GGLWLRQLQWKH&LW\RI8QLYHUVLW\3DUN &RXQFLOPHPEHU6WHZDUWVHFRQGHGDQGWKHPRWLRQFDUULHGXQDQLPRXVO\ ORDINANCE NO. 13/16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 39 (PD-39) FOR SINGLE-FAMILY HOUSING FOR THE PROPERTY DESCRIBED AS LOTS 1-7, BLOCK C OF POTOMAC PARK, SECOND INSTALLMENT, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; APPROVING AN AMENDED DETAILED SITE PLAN ATTACHED AS EXHIBIT “A”; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. &LW\0DQDJHU/LYLQJVWRQVXPPDUL]HGWKHDJHQGDLWHP+HVDLGWKHFRPPLWWHHLV EHLQJHVWDEOLVKHGEHFDXVHWKH&LW\&RXQFLOWRRNVWHSVWRDVVLVWZLWKIXQGLQJFROOHJH VFKRODUVKLSVIRUFKLOGUHQRI&LW\HPSOR\HHVE\DGGLQJFHQWVWRHDFKPRQWKO\ XWLOLW\ELOO+HVDLGWKHFRPPLWWHHZLOOEHJLYHQGLUHFWLYHVIURPWKH&RXQFLOE\ %&216,'(5$1'$&7 RQDQRUGLQDQFHDSSURYLQJDQDPHQGHGGHWDLOHGVLWHSODQ IRU3ODQQHG'HYHORSPHQW'LVWULFW3' WRSURYLGHIRUQLQH ]HURORWOLQH GZHOOLQJXQLWVRQDWUDFWRIDFUHVEHLQJORWV%ORFN&3RWRPDF3DUN 6HFRQG,QVWDOOPHQWDQ$GGLWLRQLQWKH&LW\RI8QLYHUVLW\3DUN &&216,'(5$1'$&7 RQDUHVROXWLRQHVWDEOLVKLQJWKH&LYLF)RXQGDWLRQ 6FKRODUVKLS$GYLVRU\&RPPLWWHHDQGDSSRLQWLQJLQLWLDOPHPEHUV Page 21 of 44 UHVROXWLRQWRGHYHORSSROLFLHVDQGSURFHGXUHVWRLQFOXGHDGRSWLRQRIDVWDQGDUG VFKRODUVKLSDSSOLFDWLRQSURYLGHGDWHVIRUVXEPLVVLRQRIDSSOLFDWLRQVDQGGHDGOLQHV IRUDZDUGLQJVFKRODUVKLSVDQGGLVEXUVLQJVFKRODUVKLSIXQGVFUHDWLRQRIDVWXGHQW PHQWRULQJSURJUDPIRUVFKRODUVKLSUHFLSLHQWVDQGJHQHUDOFULWHULDIRUVFKRODUVKLS HOLJLELOLW\ 0U/LYLQJVWRQDOVRVDLGWKHFRPPLWWHHZLOOEHUHTXLUHGDQQXDOO\WRSUHVHQWWKH &RXQFLOZLWKDUHSRUWRIWKHVFKRODUVKLSSURJUDPDFWLYLWLHV 0D\RU'DYLVDVNHG0U/LYLQJVWRQWRUHDGWKHQDPHVRIWKHSURSRVHGPHPEHUV+H VDLGWKHSURSRVHGPHPEHUVDUH-HDQ&ROHPDQ-XG\*LEE%LOO-RKQVRQ6DOO\/DQH 6KLUOH\.RFKPDQ'D\WRQ0DFDWHH/LOD0DUVKDOO'RXJ6PHOODJHDQG/DPDU7LPV 7KHUHZHUHQRPRUHTXHVWLRQVDQG0D\RU'DYLVDVNHGIRUDPRWLRQ &RXQFLOPHPEHU%HJHUWPDGHDPRWLRQWRDSSURYHDUHVROXWLRQHVWDEOLVKLQJWKH&LYLF )RXQGDWLRQ6FKRODUVKLS$GYLVRU\&RPPLWWHHDQGDSSRLQWLQJLQLWLDOPHPEHUV 0D\RU3UR7HP&ODUNVHFRQGHGDQGWKHPRWLRQFDUULHGXQDQLPRXVO\ RESOLUTION NO. 13-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ESTABLISHING AN ADVISORY COMMITTEE TO ADMINISTER THE CIVIC FOUNDATION SCHOLARSHIP PROGRAM; APPOINTING THE INITIAL COMMITTEE MEMBERS; AND PROVIDING AN EFFECTIVE DATE. 0D\RU'DYLVDVNHGWKHWZR%R\6FRXWVZKRFDPHLQODWHWRDSSURDFKWKHOHFWXUQ7KH 6FRXWVLQFOXGHG(ULF3DVNZKRLVZRUNLQJRQWKH&RPPXQLFDWLRQVPHULWEDGJHDQG-RVHSK %UDFFRIURP7URRSZKRLVDOVRZRUNLQJRQWKH&RPPXQLFDWLRQVPHULWEDGJH 7KHUHZHUHQRUHTXHVWVWRDGGUHVVWKH&LW\&RXQFLOIURPWKHIORRUDQG0D\RU'DYLV DGMRXUQHGWKHPHHWLQJ &RQVLGHUHGDQGDSSURYHGWKLVWKGD\RI0D\ BBBBBBBBBBBBBBBBBBBBBBBBBB :5'DYLV0D\RU $77(67 BBBBBBBBBBBBBBBBBBBBBBBBBBB (OL]DEHWK6SHFWRU&LW\6HFUHWDU\ IV.PUBLIC COMMENTS Page 22 of 44 AGENDA MEMO (5/7/2013 AGENDA) TO:Honorable Mayor and City Council FROM:Gerry Bradley, Parks Director SUBJECT:DISCUSS: proposed amendments to park facilities use ordinance and provide direction to staff BACKGROUND: For years, the City of University Park Parks and Recreation staff has been inundated with complaints regarding the for-profit use of City parks by tennis instructors, personal trainers, boot camps, and sports clinics. The major complaint involves why these groups or individuals are allowed to make profits for services provided at public facilities, and how they manipulate the current reservation system. These individuals and groups routinely compete with resident recreational use and enjoyment of city tennis courts, athletic fields, playgrounds and the track at Germany Park. In an effort to remain equitable with fees and regulations already applied to all non-profit groups and the Park Cities YMCA, staff is proposing specific amendments to the Code of Ordinances to preserve the rights and privileges of all University Park residents. Staff’s proposed amendments are not designed to discontinue the use of the park system by these individuals or groups. It is staff’s opinion that these individuals and groups do provide valuable recreational services to residents that the city currently does not offer. The ordinance amendments are intended to regulate and acknowledge the impact these activities have on recreational facilities that are subject to City Council approval. City Council may also provide staff direction regarding the current park reservation policy as it pertains to park facility rentals involving parties, fundraisers and corporate gatherings. RECOMMENDATION: The amendments pertaining to for-profit activities have already been reviewed and supported by the Park Advisory Committee. Staff will take direction from City Council on how to proceed with this item. FUNDING SOURCE: Parks General Fund ATTACHMENTS: Proposed Amendments Current Park Reservation Policy PAC April 2013 Meeting Minutes Information: Public vs. Private Page 23 of 44 Recommended: Amendments to Parks Ordinance - Update: 4-26-13 Residents using tennis courts: • All Tennis Court users who wish to reserve courts must register with the City of University Park Parks Department for a permit: • Individual $40.00 • Youth $10.00 (12 and under) • Senior $10.00 (60 and over) • Only registered University Park residents with a current tennis court permit can make a tennis court reservation. Reservations can only be made for the current permit holder. • Residents must have their City of University Park tennis court permit ID card in their possession while at the tennis courts for registration verification. • Only eight tennis balls can be used during a tennis reservation unless individuals are taking lessons from tennis instructor registered with the City of University Park. • A $25.00 penalty will be assigned for failing to cancel a reservation 24 hours in advance. Second incident will result in pass suspension. • Reservation periods will be 1.5 hours. If no one is waiting or no reservations follow, continued play is permissible. • Greenway Park Residents - Based on an agreement entered into by the city in 1974, residents of the Greenway Parks Addition in Dallas may reserve the playing field and tennis courts in Germany Park (formerly known as Park A) in the same manner and at the same fee adopted for city residents. • Any violation of this policy will result in the cancellation of the resident’s tennis permit. Page 24 of 44 Tennis Instructors: • All tennis instructors must register with the City of University Park with an annual fee of $1000. • All registered tennis instructors must have their registration card in their possession while providing instructions only to University Park residents who have a current tennis court user permit. • Tennis instructors are not permitted to make a court reservation. Resident permit holders must make the court reservation and the resident must be present during the reservation period. Tennis instructors will not be considered guests. • Only two permit holders can receive instruction at the same time from the same instructor. • The City reserves the right to reschedule reservations due to court or lighting maintenance. • The use of signs or banners to advertise services on park property is prohibited. • Any violation of this policy will result in the cancellation of the tennis instructor’s permit. Boot Camps/Personal Trainers: • All personal trainers must register with the City of University Park with an annual fee of $1000. • All trainers must have their permit in their possession at all times for registration verification. • All groups must have at least 51% of its participants being University Park residents. Roster must be provided to the Parks Department three days prior to the clinic or session. • No group larger than 15 individuals will be permitted. • The uses of playgrounds, the pool, picnic tables and benches, fences, picnic areas, basketball and tennis courts are prohibited. • The use of lights or any large exercise equipment (over 25 lbs.) is prohibited. • Park use periods will be between the hours of 6:00 a.m. and 10:00 p.m. • The City will reserve a particular park location for the trainers. Page 25 of 44 • All City, YMCA or HPISD programming will have the first right to area usage. • Amplified music and bullhorns are prohibited. • Interruption of any other park reservation is prohibited. • The use of signs or banners to advertise on park property is prohibited. • The use of profanity is prohibited. • The City reserves the right to reschedule the reservation due to maintenance. • Staff will periodically check camps and trainers to verify registration. • The use of park and city structures as workout devices or anchoring is prohibited. Such as but not limited to using park benches/picnic tables for step-ups, tying resistant bands to park fencing, signs, poles and trees, drinking fountains, etc. • Any violation of this ordinance will result in the cancellation of the trainer’s permit. Sports Clinics: • All sports clinics must have at least 51% of its participants being University Park Residents. Roster must be provided to the Parks Department one week prior to the clinic. • Fees: Half day $100, Daily $200, Weekly $800. • Fees are paid one week prior to clinic including a copy of the roster. • No park sites will be reserved for more than one week to any group/clinic each month. • Seasonal rental periods are: March, April, May, June and July. • Field rentals will be for Burleson, Caruth and Coffee Park only. • Use of tennis courts is prohibited. • Amplified music and bullhorns are prohibited. • The use of signs or banners to advertise on park property is prohibited. • Using fields during inclement weather with field closure sign present is prohibited. • Any violation of this policy will result in the cancellation of the group’s future requests. Page 26 of 44 Sales in City Parks: • No person shall sell, offer or solicit any food or other merchandise in a public park. • No person shall offer services for monetary gain in a public park. • The prohibitions contained in above shall not apply to persons acting pursuant to and with the written authorization of the City Council or their designee. Page 27 of 44 Current Park Reservation Policy Athletic Field Sign-Up Memorial Programs Park Donation Project Park Reservations Park Services Parks Pool Public Facility Naming Program Special Events Tennis Courts Trees for Town Search for: Park Reservations Park and Playing Field Reservations ***FALL FIELD SIGN-UP FOR BURLESON PARK*** FRIDAY, AUGUST 24th - 8:00AM - PEEK SERVICE CENTER PLEASE SEE SECTION BELOW FOR SIGN-UP RULES Park Reservations The parks are available for events such as birthday parties and picnics. Park reservations require a security deposit and a land use fee. For events over 300 guests, a formal request must be submitted in writing and approved by the City Council. Reservation Rates: Park Events (excludes Goar Park) Security Deposit (Refundable) $250 Land Use Fees (Non-Refundable) Page 28 of 44 1-25 Guests $ 25 26-50 Guests $ 50 51-99 Guests $100 100-199 Guests $200 200-299 Guests $300 300 + $500 Goar Park & Gazebo Park reservations for Goar Park require a security deposit, land use fee, and a gazebo rental fee (if applicable). Security Deposit (Refundable) $250 Land Use Fees (Non-Refundable) 1-50 Guests $100 51-99 Guests $200 100-199 Guests $300 200-299 Guests $400 300 + $500 Gazebo Rental University Park Resident $30 per hour Non-University Park Resident $60 per hour The City recommends that park reservations be made at least two weeks in advance. For questions or reservations, please call the Park office at 214-987-5488. Field Reservations Page 29 of 44 Soccer & Baseball Fields - Soccer and baseball fields may also be reserved for general use by residents of University Park. When making a reservation, a roster must be provided that lists each player's name and address. At least 51% of the participants must reside in University Park. There is a $10 hourly charge for use of the playing fields. *Requirements for Weekly Team Practices For All NON-YMCA Teams* 1. The individual who is representing the team and is signing up for field space must be a resident of University Park. 2. At least 51 % of the members on each team must be residents of University Park. 3. A typed copy of the team’s roster must be presented at the time of sign-up. Absolutely no handwritten copies will be accepted. 4. Each team may sign up for one practice day per week with a time limit of one hour. 5. Each representative is limited to sign up for two (2) separate teams only. 6. Once you have signed up for a practice day and time, there will be no time changes, date changes, or refunds issued. Please make sure that you sign up for the exact time you will need. 7. The fee for field reservations is $10 PER HOUR. If there are any questions regarding field sign-ups, or if you need directions, please contact the Park Department office at (214) 987-5488 between the hours of 8 a.m. and 4:30 p.m. Rain Out Hotline Number The Parks Department has created a rain out number so that residents can get up-to-date information about field closures and the condition of playing fields throughout the City. This message line will be updated daily by 2 p.m. Monday through Friday. Rain Out Hotline -- (214) 987-5680 Red Flag Field Closure Policy To help preserve turf and the infield dirt on the city’s numerous playing fields and open grass areas, beginning December 1, 2009 any time a field or ball diamond is left unplayable because of wet conditions, a red flag will be posted on that park’s flag pole. These red flags will provide residents with quick visual reminders concerning the playing status of particular sites. Once a red flag is posted at a particular site, that park’s fields or ball diamonds will remain closed until the flag is taken down (a red flag does not prohibit the use of playground equipment at that particular park). The flag system will govern field use by athletic teams for the local YMCA, teams from the Highland Park Independent School District and residents observing open play. Individuals or teams that use a field or ball diamond when a red flag is posted will be told to end their activity. A second offense by that same individual or team will result Page 30 of 44 in the loss of field privileges and could result in a substantial fine. For more details about the playing status of a particular field or ball diamond, residents can call the field-closure hotline at 214-987-5680. Flag poles are located in the following City parks: Burleson, Caruth, Coffee, Curtis, Germany Park and Smith. The flag pole on the south side of City Hall will indicate the playing status of fields for Goar Park and Williams Park. Lost & Found Items that are found in the parks are turned into the Parks Department. If you have lost an item at one of the parks, please contact 214-987-5488. © Copyright 2013 City of University Park. All Rights Reserved. Page 31 of 44 PARK ADVISORY COMMITTEE April 10, 2013 M I N U T E S The Park Advisory Committee of the City of University Park met on Wednesday, April 10, 2013 at 4:00pm at the Peek Service Center, 4420 Worcola Street, Dallas, Texas. The following are the minutes of that meeting. Committee Members Attending: Staff Members Attending: Bill Pardoe – Chairman Gerry Bradley – Parks Director Bob Clark – Council Liaison Amber Lively – Parks Secretary James Cali Ellen Dill John Farris Judy Gibbs Jim Martin Mike Read Alex Richter Peggy Riggs-Wildman Bill Skelton Alan Stewart Absent & Excused: Cindy Abbate Dan Beaird Margaret Carter Jeff Turpin Call to Order The meeting was called to order by Mr. Pardoe. Agenda Items Park Reservation Ordinance – Potential Amendments City of University Park Page 32 of 44 Over the past several years, the city has seen an increased amount of park and facility usage from tennis instructors, boot camp and personal trainers, and sports coaches offering clinics. The ordinances currently in place for these types of activities in the parks are very limited. For this reason, and due to growing concerns from park patrons and residents, staff feels that it is time to amend the ordinances in regards to these groups, and begin the enforcement policy for those using our facilities. 1. Tennis Court Reservations Parks staff has received numerous complaints about the tennis reservation system, and the use of the tennis courts by instructors for many years. In February, staff actually met with a group of tennis court patrons, a tennis instructor using our courts, and Jeff Turpin from the PAC, to discuss the concerns, problems, and possible solutions. The biggest problems with the court reservation system are pass holders who give their permit numbers to tennis instructors who then illegally reserved court times. The other issue is courts being reserved and no shows. After gaining some feedback from this group, other cities, and the PAC, staff has developed a modified set of rules in regards to the tennis reservation system as well as for instructors who want to utilize our facilities for their instructions. Residents using tennis courts: • All Tennis Court users who wish to reserve courts must register with the City of University Park Parks Department for a permit: • Individual $40.00 (changes from $80) • Youth $10.00 (12 and under) (changes from $20.00) • Senior $10.00 (60 and over) (change from $20.00) • Only registered University Park residents with a current tennis court permit can make a tennis court reservation. Reservations can only be made for the current permit holder. • Residents must have their City of University Park tennis court permit ID card in their possession while at the tennis courts for registration verification. • A $25.00 penalty will be assigned for failing to cancel a reservation 24 hours in advance. • Greenway Park Residents - Based on an agreement entered into by the city in 1974, residents of the Greenway Parks Addition in Dallas may reserve the playing field and tennis courts in Germany Park (formerly known as Park A) in the same manner and at the same fee adopted for city residents. Page 33 of 44 • Any violation of this policy will result in the cancellation of the resident’s tennis permit. Tennis Instructors: • All tennis instructors must register with the City of University Park with an annual fee of $1000. • All registered tennis instructors must have their registration card in their possession while providing instructions only to residents who have a current tennis court user permit. • Tennis instructors are not permitted to make a court reservation. Resident permit holders must make the court reservation and the resident must be present during the reservation period. • The City reserves the right to reschedule reservations due to court or lighting maintenance. • Any violation of this policy will result in the cancellation of the tennis instructor’s permit. Boot Camps/Personal Trainers: Currently there is no policy on boot camps or personal trainers working with groups in the parks. Several of these groups frequent the parks on a daily basis, and some have even used our park names in their advertising. Staff has received resident complaints about the boot camp groups, the police department has been called about loud music from exercise groups, and some park components and trees have been damaged by these groups using them for their fitness training. Staff feels that guidelines must be set for these groups so that we can gain some control over who is using our facilities. • All personal trainers must register with the City of University Park with an annual fee of $1000. • All trainers will have their permit in their possession at all times for registration verification. • All groups must have at least 51% of its participants being University Park residents. Roster must be provided to the Parks Department three days prior to the clinic. • No group larger than 15 individuals will be permitted on park property. • The uses of playgrounds, the pool, picnic tables and benches, fences, picnic areas, basketball and tennis courts are prohibited. Page 34 of 44 • The use of lights or any large exercise equipment (over 25 lbs.) is prohibited. • Park use periods will be between the hours of 6:00 a.m. and 10:00 p.m. • The City will reserve a particular park location for the trainers. • All City, YMCA or HPISD programming will have the first right to area usage. • Amplified music and bullhorns are prohibited. • Interruption of any other park reservation is prohibited. • The use of signs or banners to advertise on park property is prohibited. • The use of profanity is prohibited. • The City reserves the right to reschedule the reservation due to maintenance. • Staff will periodically check camps and trainers to verify registration. • The use of park and city structures as workout devices or anchoring is prohibited. Such as but not limited to using park benches/picnic tables for step-ups, tying resistant bands to park fencing, signs, poles and trees, drinking fountains, etc. • Any violation of this ordinance will result in the cancellation of the trainer’s permit. Sports Clinics: The city has also seen a rise in the number of sports camps that are being held in the parks. There is currently an ordinance in regards to sports camps for profit, but staff feels that more limitations need to be set for these groups. Again, the major issue for these groups is the use of public parks for profit, the amount of residents vs. non-residents in these groups, and tying up of fields making them unavailable for resident use. • All sports clinics must have at least 51% of its participants being University Park Residents. Roster must be provided to the Parks Department one week prior to the clinic. • Fees: Half day $100, Daily $200, Weekly $800. • Fees are paid one week prior to clinic including a copy of the roster. • No park sites will be reserved for more than one week to any group/clinic each month. • Seasonal rental periods are: March, April, May, June and July. Page 35 of 44 • Field rentals will be for Burleson, Caruth and Coffee Park only. • Use of tennis courts is prohibited. • Amplified music and bullhorns are prohibited. • The use of signs or banners to advertise on park property is prohibited. • Using fields during inclement weather field closure is prohibited. • Any violation of this policy will result in the cancellation of the group’s future requests. Sales in City Parks: Staff provided information regarding the amendment as it pertains to parks and public property. • No person shall sell, offer or solicit any food or other merchandise in a public park. • No person shall offer services for monetary gain in a public park. • The prohibitions contained in above shall not apply to persons acting pursuant to and with the written authorization of the City Council or their designee. Board Discussion/Motion After hearing the suggested recommendations, committee members discussed a broad range of concerns regarding the amendments to the current ordinance. Jim Martin formed a motion for staff to go ahead with the recommended ordinance changes as outlined within the ordinance amendment. His motion was seconded by John Farris, and passes by the majority of board members present. Staff will be taking this issue to the City Council for review on 5/7/13. If approved by Council, staff will report back to the PAC after six months on the progress of the new system. Adjournment There being no further business of the Park Advisory Committee, the meeting was adjourned by Mr. Pardoe at 6:10 p.m. Page 36 of 44 Members will be notified of the next meeting once a date has been set. William Pardoe, Chairman Date Park Advisory Committee Page 37 of 44 For nearly 50 years, PARKS & RECREATION Magazine has helped park professionals serve the public. Through its pursuit of key issues, trends, and personalities, the magazine advances American parks, recreation, and conservation efforts. Private Businesses in Public Parks 2013-03-01, Feature, By Phil Hayward Share 21 Unapproved private vendors use parks for their classes, but at what cost to the public property?Dirk Richwine knew he had a problem when his grounds managers began complaining of long streaks of torn-up turf in the parks of Henderson, Nevada. It didn’t take much sleuthing to determine the cause of the damage: Unauthorized athletic trainers had their boot-camp customers running sprints in harnesses connected to truck tires. It was great workout, and participants enjoyed the challenge, but the groundskeepers who had to repair the damage were less than thrilled. When Richwine, who works as recreation superintendent for Henderson’s Parks and Recreation Department, took stock of the situation, he realized truck tires were just part of the problem. Boot-camp operators were using pavilions and ramadas as staging areas for their classes. The instructors tied rope netting to the roofs of ramadas for climbing drills and used picnic tables as step-up platforms for cardio training. As park employees considered all of the problems associated with unauthorized and unregulated use of public parks and facilities—loss of revenue, wear and tear, displaced citizens, etc.—one risk stood out most prominently: legal liability and responsibility. “We were getting complaints from the public, and when we observed what they were doing, we found it to be dangerous,” Richwine says. With a population of 270,000, Henderson is comparable in size to Buffalo, New York, and Newark, New Jersey. And like municipalities of all sizes, Henderson shares similar concerns over rogue operators in its parks. While boot camps have become the face of unauthorized private vendors, other groups and individuals pose the same set of problems. Sports clinics, sports leagues, and coaches taking over tennis and basketball courts top the list. But it’s the recent phenomenon of boot camps that really got the attention of park and recreation managers. A Google search of “boot camps” in any city will turn up a wide range of businesses varying in size and sophistication. Many even post calendars and schedules on their websites listing parks as class sites. Some, of course, are formally affiliated with Page 1of 5Private Businesses in Public Parks | Parks & Recreation Magazine 4/25/2013http://www.parksandrecreation.org/2013/March/Private-Businesses-in-Public-Parks/ Page 38 of 44 park agencies. But a recent query of NRPA members through the association’s NRPA Connect online network produced a torrent of responses from agencies upset with unauthorized park vendors. Some, like Henderson’s parks agency, have fashioned regulatory programs that manage to accommodate private vendors without hurting the everyday experience of their citizens. Others, however, tell Parks & Recreation that unregulated vendors often flaunt posted regulations governing park usage. But the agencies with successful programs say ample measures can be taken by any park system to achieve equitable accommodations. “We know that trainers are using our parks in Morris County, New Jersey,” says Denise Lanza, assistant deputy director of the county’s parks commission. “We would like to get them to do so, which would include a fee. But we can’t always connect with them to let them know this is required.” For Lanza, the issue goes beyond rules and regulations. Trainers can use Morris County parks, but they need to pay in order to do so. “It seems unethical to use publically supported space for purely commercial gain,” Lanza says. “It’s certainly a way to keep operating costs down when you don’t have to rent an indoor space.” A Victim of Its Own Success Palisades Park in Santa Monica, California, may well epitomize the impact of rogue exercise classes and fitness boot camps. The narrow, verdant strip of parkland is framed by the Pacific Ocean on one side and the City of Santa Monica on the other three, which in turn is bordered by the City of Los Angeles. Even without boot camps, Palisades Park has all the users it can handle. But when exercise classes and boot camps began disrupting the activities of regular park users, the city’s Department of Community and Cultural Services had to take action. Until recently, the park had a “rogue” vendor for the past 10 years, a yoga instructor tolerated by the city in the absence of problems. Then came a wave of classes that crowded out the regular users, particularly residents of the condos, apartments, and hotels across the street. Karen Ginsberg, the city’s director of community and cultural services, describes the National Historic Landmark park as intended for walkers, joggers, parents with strollers, and picnickers. Ginsberg found a sympathetic ear with Santa Monica’s Recreation and Parks Commission, and her department undertook a one-week usage survey of Palisades Park last October. The survey recorded usage between 6 a.m. and 7 p.m. for the week. “We wanted to see where the classes are, the types of activities going on, how big the classes were, and what equipment was being used,” Ginsberg says. “It’s not that we hadn’t been out there before, but we wanted to do it in a systematic way.” They learned a lot. Seventy-three group classes and 74 semi-private and private classes operated during the survey week. The highest concentration occurred at the north end of the park. Seventy-five percent of the group classes and 82 percent of the private and semi-private classes took place between 7 a.m. and 1 p.m. Some classes had as many as 40 participants. Ginsberg learned that between 90 and 95 percent of the classes used some type of equipment: mats, bench presses, kettle bells, cones, ropes, boxes, and signage. Some classes attached equipment to trees, which is prohibited at all times. Ginsberg’s department is currently compiling a set of regulations to deal with unauthorized vendors. They’ve checked out the situation in other cities to assess their approaches, and her department is also receiving guidance from elsewhere in Santa Monica’s city government. Page 2of 5Private Businesses in Public Parks | Parks & Recreation Magazine 4/25/2013http://www.parksandrecreation.org/2013/March/Private-Businesses-in-Public-Parks/ Page 39 of 44 She stresses that they’re seeking balance in their approach. “We want health and fitness, and we want to accommodate the needs of all users,” she says. “There’s a lot of consensus for regulating fitness groups.” Even the vendors are asking for guidance, she says. “They want to know what they can and can’t do.” If all goes according to plan, Santa Monica’s city council will take action by mid-March, and any regulations it approves can be in effect by the start of the city’s fiscal year on July 1. Rights Versus Privileges in Henderson In Henderson, Nevada, the issue came to a head after a slow buildup of situations. “We had a boot-camp person who felt it was her right to run her business in a public park and that we were impacting her business—she couldn’t understand that the park was for the public good. She had a truck and a trailer that she would park lengthwise in a parking lot where we had a spray pad,” Richwine recalls. “It was just crowding the park, and park users were getting upset because she would do whatever she wanted. So we had to put all this infrastructure together.” That was when Richwine delegated Michele Howard, the department’s recreation coordinator, to produce a comprehensive set of regulations and an application process for private vendors to complete in order to do business in the city’s parks. The guidelines clearly state that “any Commercial for-profit business that is interested in using a city park as a location for delivery of a program or service is required to obtain a Commercial Fitness Rental Permit.” Applicants must pay a $25 application fee to be considered for three- and six-month slots, which cost $300.00 and $600.00 respectively. They must agree to a 24-point array of regulations, including: • A city license • $1 million in liability insurance that must also include the city as being insured • Proof of good standing with Nevada’s secretary of state If an agency’s goal is universal community health and wellness, then boot camps could be said to complement that mission. One problem, says Tom O’Rourke, director of Charleston County, South Carolina’s Parks and Recreation Commission, is that unlicensed vendors operate in a vacuum. “When a renegade person puts on a boot camp in a public park, no one knows but the attendees,” O’Rourke says. “If a municipal recreation department puts on the same program and sells its benefits, it gives the municipal department credibility within their community and makes elected people feel like they are making their communities healthier. “A department-wide health and wellness initiative puts your park in a different light,” he continues. “The 6 a.m. boot camps that are independent are usually put on by fitness people trying to make money—not that there’s anything wrong with that. But if a boot camp is just one utility that gets you to a higher goal of total fitness, it could be better.” A Winning Marriage in Reno That’s a goal Andy Bass, recreation manager for Reno, Nevada’s Parks, Recreation, and Community Services, has had since his college days. Once he got established in Reno’s parks and recreation program, he became aware of unregulated vendors. Like O’Rourke, Bass saw advantage in the greater good that could be achieved if private vendors partnered with the city to provide fitness programs. In fact, Bass and his colleagues preempted private fitness providers by enlisting them in community programs. “Our program is different,” Bass says. “Our goal was to promote healthy lifestyles and ways to fight obesity in the community. “We went to fitness centers in our city to have them offer free fitness classes,” he continues. “They said ‘What?!’” He then explained to them his goal of community fitness and identifying partners to accomplish this at zero cost to the community. In 2012, Bass had found enough private fitness clubs and centers to send trainers to four outdoor classes in Reno parks and four indoor classes when the weather turned cold. Some trainers conducted the classes as part of their jobs for their companies while others volunteered their time, frequently accepting small donations from participants. Page 3of 5Private Businesses in Public Parks | Parks & Recreation Magazine 4/25/2013http://www.parksandrecreation.org/2013/March/Private-Businesses-in-Public-Parks/ Page 40 of 44 Bass describes the venture as successful for both the participants and the hosting clubs. Participants, who come from all demographic groups, have shown demonstrable improvement in fitness and weight loss. The fitness clubs, on the other hand, get exposure through television and newspaper coverage, which has brought them new customers. “It’s a true partnership,” Bass says. However, the most difficult part in the Reno program was finding partners, he admits. Once they had them, the program went smoothly. The long-term challenge, on the other hand, is the free nature of the classes. “Getting the word out takes marketing,” Bass says. “Everyone who hears about it says ‘Wow!’” He believes any agency can emulate the Reno program. It takes very little staff time—“just me,” he says. “It pretty much takes care of itself.” Legal Issues James Kozlowski is an attorney and associate professor in the School of Recreation, Health, and Tourism at George Mason University in Virginia. He also writes “Law Review,” a monthly column for Parks & Recreation. His column in this issue (page 22) explores the case law surrounding a ban on public smoking in parks. Kozlowski sees parallels between smoking bans and restricting unauthorized use of parks. “The same reasoning [banning public smoking in parks] could apply to commercial and unauthorized/unpermitted coaching/sports activities in parks,” Kozlowski says. “Just like public smoking, public agencies are certainly not ‘powerless,’ and such practices should not be tolerated, because they allow private entities to put public parkland to unauthorized uses. Such unauthorized uses need to be defined.” Agencies that feel stymied or powerless in dealing with unauthorized businesses should reconsider their situation, Kozlowski believes. “If, indeed ‘many simply tolerate the practice or feel powerless to enforce what regulations they have,’ they are not doing their job to provide public recreational opportunities, not unfettered and unregulated use of parkland by commercial or private sports entities or individuals,” he says. “There are numerous examples of ordinances, regulations, and policies that define unauthorized and/or unpermitted uses and activities. Such policies should be certainly written to avoid claims of arbitrary and ad hoc enforcement,” Kozlowski continues. “And, such regulations should include reasonable time, place, and manner restrictions not targeted to a particular suspect class (e.g., race, creed, color, religion, national origin).” For examples of case law surrounding this topic, please visit http://mason.gmu.edu/~jkozlows. Phil Haywardis a Virginia-based writer and former editor of Parks & Recreation (phayward88@gmail.com). Your Rating: Your Review: Submit Clear Reviews Page 4of 5Private Businesses in Public Parks | Parks & Recreation Magazine 4/25/2013http://www.parksandrecreation.org/2013/March/Private-Businesses-in-Public-Parks/ Page 41 of 44 By Anonymous Excellent information. By Anonymous By Anonymous 22377 Belmont Ridge Road Ashburn, VA 20148-4501 800.626.NRPA (6772) © 1997- 2013 NRPA. All Rights Reserved. Page 5of 5Private Businesses in Public Parks | Parks & Recreation Magazine 4/25/2013http://www.parksandrecreation.org/2013/March/Private-Businesses-in-Public-Parks/ Page 42 of 44 AGENDA MEMO (5/7/2013 AGENDA) TO:Honorable Mayor and City Council FROM:Kent Austin, Director of Finance SUBJECT:CONSIDER AND ACT: on an ordinance establishing the Over-65 and Disabled Homestead Exemption amount at $275,000 BACKGROUND: Each year since 2008, the UP City Council has modified the City’s over-65 and disabled homestead exemption to maintain an amount based on 25% of the average single-family home value (using the prior year known value). The chart below displays the change in the exemption's value and SF home values: Given the minimal change in the average SF home value from 2011 to 2012, City staff recommends that the exemption amount not be changed from its current $275,000 level. The Finance Advisory Committee discussed the matter at their April 11, 2013, meeting and voted in favor of maintaining the $275,000 exemption amount for FY2014 (tax year 2013). Base Year Avf SF Home value Multiply by 25% Exemption Amount Fiscal Year 2007 $1,064,621 $266,155 $250,000 FY2009 2008 $1,183,170 $295,793 $295,000 FY2010 2009 $1,189,311 $297,328 $297,000 FY2011 2010 $1,120,199 $280,050 $280,000 FY2012 2011 $1,093,015 $273,254 $275,000 FY2013 2012 $1,092,539 $273,135 $275,000 FY2014 RECOMMENDATION: To remain consistent with the City’s policies and past practices, City staff and the Finance Advisory Committee recommend maintaining the over-65 and disabled homestead exemption $275,000. If the City Council approves the ordinance establishing this amount, staff will communicate the change to the Dallas Central Appraisal District for inclusion in computation of the 2013 certified tax roll. ATTACHMENTS: Ordinance establishing over-65 and disabled homestead exemption for 2013 Page 43 of 44 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, TO PROVIDE AN EXEMPTION ON THE RESIDENCE HOMESTEAD OF AN INDIVIDUAL WHO IS DISABLED OR AN INDIVIDUAL WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER IN THE AMOUNT OF TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($275,000.00) ON THE ASSESSED VALUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to set the exemption from taxation of a portion of the appraised value of a residence homestead of an individual who is sixty-five years of age or older or an individual who is disabled, as authorized by the Tax Code, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there is hereby established for the tax year 2013 an exemption from taxation of two hundred seventy five thousand dollars ($275,000.00) of the appraised value of the residence homestead of an individual who is sixty-five years of age or older or an individual who is disabled. “Disabled” means a person having a disability for purposes of payment of disability insurance benefits under the Federal Old Age Survivors and Disability Insurance Act. SECTION 2. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of May, 2013. APPROVED: ________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY Page 44 of 44