THE FLOWER MOUND PARK BOARD MEETING HELD ON THE 14TH DAY OF OCTOBER 2004, IN THE FLOWER MOUND TOWN HALL, LOCATED AT 2121 CROSS TIMBERS ROAD IN THE TOWN OF FLOWER MOUND, COUNTY OF DENTON, TEXAS AT 7: 00 P.M.
The Park Board met in a regular session with the following members present:
Mike McCall - Chair
Norma Krueger - Vice Chair
Charissa Womack
Roy White
Wayne Farley
Randal Wilson - Alternate 1
The following members were absent:
Peggie Kimberlin
Ann Handren
The meeting was attended by the following members of the Town Staff:
Bart Stevenson, - Executive Director, Community Services
Jackie Jones - Recreation Manager
Tony Nielsen - Park Development Manager
Cordette Brown - Administrative Secretary
A. CALL TO ORDER
The meeting was called to order at 7:02 p.m. by Chair Mike McCall.
B. INVOCATION AND PLEDGE OF ALLEGIANCE - Wayne Farley
C. CITIZENS/VISITORS COMMENTS TO THE PARK BOARD
D. CHAIR/BOARD MEMBER/STAFF ANNOUNCEMENTS
Norma Krueger said she attended the grand opening at Bakersfield Park and it was great, so was the attendance.
Chris Womack said that staff did a great job on the Bakersfield grand opening, it was fantastic. She added that she really loved the renaming of Hilltop Park to Jake's Hilltop Park, she thought that after the last Park Board meeting and the discussion on this issue, the name selected is a wonderful compromise.
Bart Stevenson, Executive Director, Community Services said he is glad to be back. He had missed some meetings because of the budget process but that is now over so he should be back at the meetings. He mentioned that the Council made the decision to rename Hilltop Park to Jake's Hilltop Park, a blending of the desire of Mr. Lugo, Jake's father, who wished to call it Jake's Park and also integrating the current name of Hilltop so it was a good compromise as Chris Womack said. It is anticipated that a rededication ceremony will take place sometime in the spring. The park sign will be changed and a plaque will be added to the concession/restroom area explaining who Jacob Lugo was and why the park is so named.
He also informed the Board that at their last workshop in August, the Town Council discussed the possible consolidation of some of the Boards and Commissions. They are looking at combining the Park Board, Library Board and the Historical Commission and making it a Community Services Board. The discussions at the meeting is that no one will be taken off a board, if the boards are combined, the new board will eventually get to a regular size based on attrition. So at first there will be one large board which will eventually shrink to a normal sized board.
The Town Council will be hosting a joint work session with all the boards in two weeks. He requested that they put October 28 on their calendars as the date for the joint work session with the Town Council to consider the consolidation of the Boards. The Council would really like to have the input of the Boards on this idea. The Board should be getting further information from the Town Secretary in the near future.
He reminded the Board of the upcoming Boards and Commissions Appreciation Banquet.
E. CONSENT AGENDA - Consent Items
1. Consider approval of Minutes from a regular meeting of the Park
Board held on September 9, 2004.
A motion to approve the minutes from the regular meeting of the Park Board held on September 9, 2004, adding that we met in regular session with Wayne Farley present, striking under Item A. Items 2, 3 and 4 from the park tour and adding on page 5 that Wayne Farley was not absent, was made by Chris Womack and seconded by Randal Wilson.
VOTE ON THE MOTION:
FOR: Wayne Farley, Chris Womack, Norma Krueger, Randal Wilson
AGAINST: None
ABSTAINED: Roy White
F. REGULAR SESSION
2. Board to consider recommending approval to the Planning and Zoning Commission and the Town Council acceptance of Park Development Fees in the amount of $57,597.00 and acceptance of 3.54 Acres of Park Land by Deed or Cash in Lieu of Land in the Amount of $98,112.00 to satisfy the requirements of the Park Land Dedication Ordinance for Bella Lago Phase I, a 97.64 acre residential development with 73 lots on Wichita Trail, generally located near the southeast corner of Wichita Trail and High Meadow Road.
Tony Nielsen said that members of the development team were
present to answer any questions the Board may have. Those
present are Robert Baldwin, Tommy Jackson, and Jack Apple.
Mike McCall asked the Board if they had questions for the
developers.
Robert Baldwin, office address is 401 Exposition Avenue in Dallas, Texas is representing the developers of Bella Lago. This property is on the south side of Wichita Trail between Emerald Bay and Chateau du Lac. He drew their attention to the drawing they had. Originally a development plan was filed on all 137 acres, 97 acres at the top and 40 acres at the bottom. They found that there was a rezoning case on the southern section a few years ago on some environmental issues so they separated the development plat to do phase I now, 97 acres 73 lots including two retention ponds and another park which will be dedicated to the Homeowners Association.
Phase II will be coming on line as soon as their environmental consultant who is working with the Town's environmental staff to work out the issues on the grasses and trees gives them the go ahead. He thinks this will only be a month behind phase I.
What the developers would like to do is to offer fees in lieu of park land. That is the proposal to the Town, however, the Town would like the opposite and that is what they are here to discuss tonight. They would like to do fees, the Town prefers park land. The Town has been great to work with but if the board decides to take a park, he invited them to look at the southern section of the drawing; there is 3.54 acres of land in phase II which is on a knoll and would be very suitable for a park. Bart Stevenson and Tony Nielsen have accompanied them to see and walk this property. Based on their discussions and suggestions made, a walking trail has been placed between lots 70 and 71, a little easement, so that people on the northern part of the property can get to the southern part of the property.
He said whatever they have done complies with the Master Plan and he is here to answer any questions the board might have.
Chris Womack asked if it would make better sense to place the walk easement next to the detention pond instead of between lots 70 and 71.
Mr. Baldwin said that they did not own this property (that looks like Oklahoma) and they do not want to be sending people through someone else's property.
Chris Womack also asked if it was a sidewalk she observed by lots74-98.
Mr. Baldwin says as they understand it, the way the right-of-way has been dedicated out there is, you dedicate right up to the pavement and then there is 18 feet on either side for whatever the Town wants to use it for. The same applies along Wichita Trail although it is not shown on the drawing. It could be used for access, pedestrians or horses.
Bart Stevenson said he is not the planner on this project but he guess it could be a landscape easement.
Mr. Baldwin says this has not been fully worked out as yet because phase II was put on hold.
Chris Womack asked Bart Stevenson to clarify if as an alternative, could the board request a park in phase I as well as in phase II.
Bart Stevenson said the board has the discretion to make a recommendation that they ask for a park as currently shown in phase II which staff would be ok with since they will be doing a developer's agreement. If the park is in phase II as shown it will be large enough to meet the park requirements of both phases. You also have the option of requiring park land just for phase I.
Chris Womack asked if they were to ask for park land in phase I what does that do for the request for phase II.
Bart Stevenson said the developers would have to come back to the park board when that comes forward.
Mr. McCall asked what would happen if phase II never got off the ground.
Mr. Stevenson said that is one of reasons why it was required that if the board went forward with them dedicating the park in phase II, they will be required to dedicate it through a deed or a separate instrument so the when they plat phase I the Town has ownership of that land at that time.
Mr. McCall said he was concerned that we would have a park that could be landlocked.
Bart Stevenson said it would be in the developer's agreement that the Town would have access to the park land.
Roy White asked if there was a time table the developers or the people who own the property were working with for the development of phase II.
Tommy Jackson, 2200 La Rochelle, Flower Mound, Texas said
The development is on a very, very, very tight schedule with the property owner. Neither he, Mr. Jackson, nor the development company owns this property. Patsy Smith owns this property and has them on a very tight schedule with a very high price. That's one of the reason they are at the Park Board meeting tonight to get approval on whichever choice the board choose to make so they can move on to P&Z because as soon as the Town will allow them to start they will be pushing dirt. Their goal is to begin right after the first of the year.
Also on phase II, because someone addressed the fact of the park land being there, the goal over the next 12 months, that is the period of the agreement/contract with Patsy Smith, they have 12 months to get through all the process with the Town and begin development on that as well. So short of some major happening, they plan to begin phase I at the beginning of 2005 and phase II at the beginning of 2006.
Roy White asked if staff agrees there will not be a legal problem if for some reason they did not meet their time obligation and Patsy Smith decides she is taking back the phase II land.
Bart Stevenson said that if the Board agrees to take the 3.54 acres, the Town will own the land with phase I. As a part of the development agreement, the Town will require access to that property should phase II never happen so that will be a useable park whatever happens.
Chris Torley, 6618 Raintree Place, said that he saw this project on the P&Z record as coming forward and he heard that the item was on the Park Board Agenda so he thought it would be a great opportunity to be present. He mentioned that he chaired the Blue Ribbon Committee for Parks and Recreation and they were fortunate to get the 25 Million Bond Issue through to build Bakersfield Park, Chinn Chapel and Gerault. Through that process and what happened after, he realized that in the quest to get as much as we could and avoid a tax increase, things got pretty tight and so he would urge the board to take the money. He thinks that as a Town we might get a bit spread out in terms of our obligations to parks and park projects and we already have a lot of parks that are already mediocre instead of having a lower number of parks that are really nice. He lives not far away from here, in Hidden Valley and every day he drive past the park on Ada and Raintree and nobody uses it. It sits idle. He thinks it's because homes out there are built on one or two acres so in essence they have their own parks. They have nice big expanses of lawns with benches and kids play things on them. So to dedicate park land in another area where there will be such large lots might create another Hidden Valley Park. There is an opportunity here to take the money and put it into one of the park projects that we currently have to enhance it. He does not know the constraints that govern the spending of the money but he thinks if we could put the money in those sorts of things he think it would be better spent.
On a broader issue, it would be nice to be able to connect Bakersfield Park with Gerault Park and he hopes that the Town is planning on stockpiling money to purchase the land between both parks and it one nice, huge park.
When Emerald Bay was put in, there was a dedication for an equestrian trail and nothing has been done with that and that bothers him. That money he said, if not used for the other things suggested, could also be used to develop the equestrian trail which would at least keep the money close to the project from which it came.
Mike McCall asked staff that if the Board should take the money, what are the restrictions on how it could be spent.
Bart Stevenson said that park development funds are spent on new development. Those moneys are not used for redevelopment of parks, for example, to replace playgrounds. That money can also be used to add new things to existing parks but not to replace worn out things.
The Board need to keep in mind that staff is not stuck on taking the land, the Board is free to make a choice between the money and the land, however he outlined some reasons why staff was leaning the other way. If one should take a look at the park map, they will notice that there are not a lot of parks in that area of Town. In addition, the reason the Hidden Valley Park does not get a lot of use is primarily due to the fact that there is nothing there but two benches. Those who have been on the Board for three years or more will remember that when the kids came forward requesting playground equipment and other things there, we went through the public process and ended up not doing that based on the wishes of the majority of the residents who wanted it to be left as natural as possible, the way it is now.
There is still a strong desire by a lot of kids in the Raintree neighborhood to have a park out there and we just don't have an appropriate location out there to place one. We do not envision this park to be one with ballfield lights, lighted tennis courts and sand volleyball, it will be more of a community gathering place. It may have a playground or a pavilion, a place where the community can meet their neighbors and have a picnic, something of that nature.
Chris Womack said she lives straight across from this property and Emerald Bay is a property she sees everyday as she goes in and out of her neighborhood, that neighborhood is teeming with children, she can hear them playing from her home. If the same developer is doing this new neighborhood she foresees a lot more children and she has thought for a long time that the only park close to this area is the one at Skillern and Flower Mound Road which is an 18 acre undeveloped park. This is a pretty child intensive part of Town without a park. She added that she could see that parents would make serious use of these 3.54 acres. She also wishes there was an opportunity to place a park in phase I.
Roy White asked if the Town has ever sold park land.
Bart Stevenson said there are legal restrictions to that, in order for the Town to do that an election would be necessary for the voters to make that decision to sell park property.
Roy White asked if a decision to take the park was made, could they change their minds and decide to take cash at a later date.
Bart Stevenson said once the land is deeded to the Town it belongs to us.
Randal Wilson wanted to clarify that the greenbelt will be left as is and deeded to the HOA and is not suitable for a small playground for children.
He was told that trees would have to be removed and there is also going to be a lift station there, not very big, but something around which you do not want children.
Randal Wilson says he tend to agree with both Chris Womack and Chris Torley. He feels we do need the money but at the same time more parks for children are not a bad thing no matter where they are. However, because of the location of this park, it's not close enough for the lots in phase I. He thinks the 3.54 acres would be a nice park if it was located in another area of the property. He is concerned that the park will not be used by the people in phase I of the subdivision because it will be somewhat inconvenient for them and also because there will not be any recreation fields there.
He also thinks there is a safety issue, parents with 6, 7 or 8 year olds will not want to have their kids, especially the younger ones traveling that distance (three or four blocks). He thinks if at all possible, to have a small playground in each phase. If on the other hand we cannot find park land in both phases, then he recommends that the Town take the money.
Bart Stevenson pointed out that if there were to be two separate parks, the one in phase I would be 2.45 acres, the park in phase II would be .8 acres and the developers would have to come back to the Park Board.
One of the reasons why staff wanted one park instead of two was because a bigger park would better serve the residents and .8 acre of land is not a useable piece of property.
Bart Stevenson was asked, and he explained, how the dollar amount in lieu of land was calculated.
Randal Wilson stated that he is uncomfortable with the idea of children riding or walking to a park by a detention pond. There might be a fence around it, but he still thinks it creates a hazard for kids.
The developer pointed out these are not wet ponds, they will not have water in them.
Wayne Farley wanted to know if there was a reason why the park land could not be located in phase I.
Bart Stevenson said if the developers were willing to do so, but he thinks they are more concerned with getting through with phase I with the current number of lots they are showing.
The developer explained that his client has a contractual obligation to purchase this property in November. If the park was moved up to the north property, phase I, they would have to redesign the entire subdivision and start back at the beginning of the process and they've been in the process almost three months already.
Chris Womack added that she knows that this park will get a lot of use because her neighbor has baseball practice in his yard because there is no other place for him to help his seven year old kid play ball. There is no land in that area to play in. She thinks that families will use the pedestrian walkway and this is not really far for the kids. More than likely they will get on their bikes and ride down there. Whether there is playground equipment or not is really an issue for the families and not an issue the Board can solve. In this area of Town also, land is expensive and she does not think the Town will be able to obtain 3.5 acres of land as inexpensively as they can do at this particular time. So she recommends that the park land is accepted.
Mike McCall said he walks a further distance every night to his local park.
The developer made a comment which was inaudible because he was not speaking through a microphone but from his seat.
Randal Wilson asked if the meeting was in the discussion phase where the public hearing has been closed?
He was told yes by Mr. McCall.
Mr. Wilson said that if they are going to allow someone from the audience to comment, then they need to be proper and recommend that if citizenry or the developer wants to comment then the public portion of the meeting needs to be reopened.
Mike McCall made a motion that the meeting be opened for public or developer comments.
The motion was seconded by Chris Womack.
No further comments were made by the developer and Mr. McCall closed the public hearing at this time.
Randal Wilson reiterated that based on the parents in his neighborhood who do not allow their young ones to go beyond a block or two away, he does not think park land in the present location, is going to be used a lot. The older kids, age 14, or 15 years old may use the park but not the younger ones. Based on that, he does not support a park being located in phase II of the development.
CALL FOR A MOTION
Chris Womack moved to recommend approval to the Planning and Zoning Commission and the Town Council acceptance of Park Development Fees in the amount of $57,597.00 and acceptance of 3.54 Acres of Park Land by Deed to satisfy the requirements of the Park Land Dedication Ordinance for Bella Lago Phase I, a 97.64 acre residential development with 73 lots on Wichita Trail, generally located near the southeast corner of Wichita Trail and High Meadow Road.
The motion was seconded by Wayne Farley.
VOTE ON THE MOTION:
FOR: Roy White, Norma Krueger, Chris Womack, Wayne Farley
AGAINST: Randal Wilson
Bart Stevenson said that he wanted it reflected in the minutes that the Park Dedication satisfies both phase I and phase II so when it comes back, it will be in the minutes that their parkland requirements have been met through phase I.
Jackie Jones said that at the September 9, 2004 meeting, the Board discussed recommending for Town Council Approval the renaming of Hilltop Park to the Jacob R. Lugo Hilltop Memorial Park. After some discussion, the Board recommended that Hilltop Park be renamed to Jacob R. Lugo Park. As you are aware, the Council did amend that and named it "Jake's Hilltop Park". At this same Board meeting you asked me to put together an agenda item where you could put together a three member subcommittee to study a more suitable location in general for a memorial park. You are welcome to go ahead and do this, only please keep in mind what Bart Stevenson stated earlier that there is a possibility of the Library Board, Park Board and the Historical Commission being made into one Board. This may or may not happen, if it does, we do not know when, so keep that in the back of your minds in your discussions. You also need to keep in mind that a couple of years ago, the American Legion Post 97 had brought forth a proposal to
the Board to put in a Veterans Memorial Park at Parker Square Park. In addition, we have the Liberty Garden at Gerault Park that was intended as a memorial park but was never officially dedicated or made public.
Chris Womack said she has been thinking of this since the last meeting, which she thinks was one of the best because of the discussions that took place, and she is wondering if this matter could be handled in a regular work session, similar to what was done with the trail system. She would really hate to lose the input of some of the Park Board members if only three people are making this determination, what she would like is a work session and invite others who can contribute. This issue can also be opened for public comment or a public meeting to get other viewpoints although the ideas and opinions of many on this subject are already known.
Randal Wilson agreed with Ms. Womack. First the Park Board handle this in a work session and them bring it back to a regular meeting which is a public hearing and get the public's comments before it goes forward to the Town.
Jackie Jones said this is fine and they can set up the work session for the next meeting or whenever they want to.
Bart Stevenson made the point that although it is a work session it does not mean the public cannot be involved. Even at meetings as the one tonight, the chairman always have the discretion of hearing someone from the floor. So whether it's a public meeting or not the chairman can always recognize someone from the audience to speak.
Mr. Stevenson also mentioned that since the renaming of the park there has been some positive e-mails from the public desiring a memorial park and they might want to participate in these discussions. He said there has also been offers to assist in fundraising and doing all kinds of things. In the past few months, he has noticed that several communities around us have been dealing with these same issues with the ongoing war and local comrades being injured or killed. So, this Town is not the only one facing this issue of a memorial park, therefore the more input we have, the better the process.
Norma Krueger said she thought the focus was going to be larger than just selecting a memorial park, and looking at the recommended motion or action, it looks like that's all the Park Board is being asked to do. She wanted to know if it could be broadened.
Jackie Jones said that this could be as broad as the Board wants it to be.
Bart Stevenson said that beyond selecting an appropriate site, there are other issues dealing with funding and what it will look like. This is going to be a long process. It may start with a workshop that will identify the issues and then progress to identifying a proper location, funding, design, and who gets placed on it.
It was decided that the next Park Board meeting will be a work session.
Chris Womack said she attended a meeting of the Chinn Chapel Soccer Complex Steering Committee and they intend to bring forward an item for the next meeting.
Jackie Jones said that the Town wants to amend the Youth Sports Facility Agreement with the FMYSA and GLASA in line with the recommendations of the Youth Sports Task Force so he is hoping to bring one or both of these items to the next meeting.
Chris Womack brought up the matter of Jake's Hilltop Park not having paved parking and asked if the budget could somehow be managed to address this problem because of the heavy use of the park.
Bart Stevenson said as they go through the budget process for the next year, if the Board wants to look at the CIP and wishes to make a recommendation that we move that project forward, they will certainly look at ways to do that.
Tony Nielsen gave a general update on the CIP including the status of the Pecan Acres bridge.
G. COORDINATION OF CALENDARS
October 26, 2004 - Boards & Commissions Appreciation
Banquet
October 28, 2004 - Joint Work Session with Town Council
November 11, 2004 - Park Board Meeting
H. FUTURE AGENDAS
1. Work Session
2. Item from Chinn Chapel Soccer Complex Steering Committee
3. Amendment of Youth Sports Facility Agreement with FMYSA and GLASA
I. ADJOURNMENT - PARK BOARD MEETING
A motion to adjourn was made by Chris Womack and seconded by Randal Wilson.
The motion was unanimous and the meeting was adjourned at 8:15 p.m.
_______________________________ ________________________
Bart Stevenson, Exec. Director Community Services
Mike McCall, Chair