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03-27-2006 (Parks & Recreation) Minutes MINUTES CITY OF WYLIE PARKS AND RECREATION BOARD Monday, March 27, 2006— 6:30 p.m. Wylie Municipal Complex—Council Conference Room 2000 State Highway 78 North Board Chairman Daniel Chesnut called the meeting to order at 6:35 p.m. with the following Board members present: Eugene Garner, Frankie Delgado and David Willey. Board members Benny Jones, Brandi Lafleur and Anne Hiney were absent. Staff members present were Bill Nelson, Parks Superintendent, Robert Diaz, Assistant Parks Superintendent and Gayle Walton acting Secretary. There were no citizens present to address the Board for Citizen Participation. 1. Consider and act upon approving the Minutes from the February 27,2006 meeting. Board Action Board member David Willey made a motion to approve the minutes as submitted. Board member Eugene Garner seconded the motion. A vote was taken and passed 4-0 with Board members Benny Jones,Brandi Lafleur and Anne Hiney absent. Board Chairman Daniel Chesnut requested that the Board move to Item 3. 3. Consider and act upon making a recommendation to send a communication to the City Council concerning the use of TXU Electric Delivery Company easements for the construction and operation for the hike and bike trails and other park and recreation facilities and amenities. The presentation will be made by Bill Harper of TXU Electric Delivery Company. Presenter Comments Bill Harper with TXU Electric Delivery Company addressed the Park Board in regards to construction in TXU Electric easements. Mr. Harper stated that the City of Wylie has an ambitious bike and trail program and that TXU is trying to protect their company, cities and their citizens in regards to transmission lines and easements. Mr. Harper further stated that TXU has always worked with cities to allow hike and bike trails and the policy of TXU in regards to these trails is to limit any risk and liabilities Mr. Harper stated that it is his understanding that cities has limits of liability or exposure and that in other words, cities have a certain amount that they can be held liable for. On the other hand, TXU can be exposed to million of dollar in a Minutes—March 27,2006 Wylie Parks and Recreation Board Page 1 lawsuit if something happens and that this is kind of where TXU is coming from. Mr. Harper stated that TXU is going forward with the current request for a hike and bike trail and that TXU gave the city a license agreement and that the City Attorney kept it for a period time and returned it to TXU with comments which TXU attorneys are now reviewing. It was stated that TXU has a standard encroachment agreement and that any changes to it slows the process. Mr. Harper stated that Mike Sferra has stated that if this is a deal killer, then we can live with it. In response to a question by the Park Board regarding status, Mr. Harper stated that TXU attorneys are still reviewing the agreement. Mr. Harper stated that the bottom line is that he does not see anything wrong or at odds with the business of hike and bike trails and that TXU will continue to look at each request on a case by case basis as they come up. Mr. Harper stated that 3 or 4 years down the road things may change on how TXU reviews such agreements if something happens where TXU may get sued. Board Comments Frankie Delgado asked if will TXU entertain or legally look at the risk assessment of each case. Mr. Harper stated that this is correct and that each time a city comes to TXU and asks for permission to build a hike and bike trail and enter into an encroachment agreement, TXU will look at that individual request. Frankie Delgado asked for clarification on the proper process to submit items to TXU for their review/approval. The question was asked is it an acceptable assumption by the Park Board that as part of the process that when a developer present drawings to the City that such drawings need to be presented to TXU also to ascertain if there is any immediate risk assessment that TXU may have. Mr. Harper stated that also risk assessment could be on the part of the developer if he or the City owns the land. However, from the standpoint that the developer has dedicated the land to the City and TXU has an easement,TXU is not in a position to deny the city the right to put in a hike and bike trail and that there are bike and hike trails all over the metroplex but that the important factor to TXU is their liability and probable lawsuits and that TXU recognizes that cities are only responsible for so much in this regard. David Willey asked how many projects TXU has rejected with various municipalities over the last couple of years or have they had any? Mr. Harper stated that he is not aware of any lawsuits. David Willey asked if the request for a hike and bike trail for this park or another park within the city or a park in Plano would be going through this same process at TXU. Mr. Harper reiterated that the TXU process is system wide. Mr. Harper also stated that another factor to consider is how much liability a city is willing to take on in the event of a lawsuit. Mr. Harper asked the Park Board if something happened in an easement that TXU is operating,even though it is the City's property,what is the exposure there? Frankie Delgado stated this goes back to his previous question and that the city is in the process of an expansive plan for hike and bike trails and what are we to expect from TXU as these are presented. Mr. Harper stated that no mention of a 10 year plan was made until his meeting with Mike Sferra, Director of Public Services and that Mike Sferra was encouraged to get requests in to TXU. Frankie Delgado stated that we do need to get these to TXU for their approval or disapproval. David Willey proposed that the Master Plan be submitted to TXU and Frankie Delgado concurred in that anything can happen to change the process that TXU has currently. Frankie Delgado stated that the City of Plano has hike and bike trails throughout and asked if there are any TXU easements. Mr. Harper stated that TXU own some easements outright and there are some easements in the city right of way. Frankie Delgado stated that he assumes that if the plan is approved, TXU would not change the scope of their approval. Mr. Harper stated that in this current situation, this process is far along the review Minutes—March 27,2006 Wylie Parks and Recreation Board Page 2 process that he does not foresee it being affected. However, plans, drawing and sketches need to be submitted and that Bill Nelson is aware of TXU's multi-level review. Frankie Delgado asked how long of a process is this. Mr. Harper stated that in this particular project, TXU has been working on it for several months. Daniel Chesnut asked if this was the first time TXU was presented with any easements on bike and hike trail from the City. Mr. Harper stated that this is the first time. Daniel Chesnut stated that due to the process involved that maybe everything should be given to TXU at once. David Willey stated that one of the problems is that grants and other things need to be incorporated because based on the explanation of Mr. Harper with TXU, the Wells property has a large amount of towers going through it and that if an easement in that area is not allowed, then this is a loss to the city. Daniel Chesnut addressed the usage and visibility of TXU towers on properties. Daniel Chesnut asked if Mr. Harper could requests TXU to speed up their review/approval process. The question was asked if the Park Board proceeded on this item and TXU denies the request, will TXU put a fence around the easement or how they handle this? Daniel Chesnut stated that the process of 4 months for review and approval of an easement for Joel Scott Park from TXU is too long. Frankie Delgado asked for an explanation of the process that TXU uses, whether TXU do an evaluation of a particular area or just by the submission of plans. Mr. Harper stated that plans/plat should be submitted stating what is proposed and that the indemnification process is involved in easements of this type. Daniel Chesnut stated if TXU approves a process and construction does not start for a few years, how long is the approval for. Bill Harper stated that the current agreement does not have a construction date. Bill Nelson asked if blanket utility easements can be approved by TXU which would not hinder parkland dedication by developers. Mr. Harper stated that approval is given case by case. Daniel Chesnut stated that the Park Board was under the impression that TXU standard policy for easements are approved as long as there were no standing structures or ornamental trees and that some benches are allowed. It was noted that acceptance of dedications by the City from developers are based on TXU approval. Mr. Harper stated that TXU reviews request of easements on a case by case basis. Robert Diaz stated that in general, developers brought parkland dedications to the city and that if some of were in TXU easements that we have had them bring in documentation that it was okay to build on these easements. Robert Diaz stated that he understood that Mike Sferra wanted Mr. Harper to clarify for the Park Board what is required due to fact that the City has a Master Plan that contacts easements which raises a question on what is the position of the board and city down the road on taking dedications that are easements and how to deal with it. Bill Nelson stated that a red flag has been raised. Frankie Delgado asked about a road going underneath a transmission line if there is a process and Mr. Harper stated that there is a process for this also. Mr. Delgado stated that we need to determine time lines involved in the process of getting easements presented to TXU for approval. Eugene Garner asked what is the deniability or acceptance by TXU for easements. Mr. Harper stated that liability of each instance is also involved and if municipalities are willing to take on additional risks. David Willey asked if the Master Plan could be presented to TXU for some type of agreement for future development. Bill Nelson asked if a blanket agreement could be approved. Mr. Harper stated that a blanket agreement would not be approved and that each hike and bike trail must be outlined in a plat. Bill Nelson asked if a map was submitted with all of the trails outlined if this would suffice. Mr. Harper stated that he has never said that hike and bike trails could be placed on easements within the city if they met TXU standard policy. Bill Nelson stated that it was not stated but taken as such. Daniel Chesnut stated that developers had addressed the Park Board on projects and final decisions were made by the Park Board based on the approval by TXU of easements. Minutes—March 27,2006 Wylie Parks and Recreation Board Page 3 Mr. Harper asked if Mr. Nelson could provide him with the concerns of the Park Board and he will get answers for the Park Board. Mr. Harper asked that for hike and bike trails that plans be submitted. Frankie Delgado asked what is the review process of TXU and if this could be provided to Park Board. Eugene Garner asked how often do TXU change towers in that he had not seen one changed. Mr. Harper stated that towers can and have been changed. Eugene Garner asked that TXU provide the Park Board with standards. Daniel Chesnut asked the Park Board to review this further and that the Master Plan be provided to the Park Board and a meeting be set with Mike Sferra regarding the Wells Property. Bill Nelson asked if the Park Board would like to look at assessment of easements within the City. Robert Diaz asked if the Park Board would like to table this item. Bill Nelson stated that he will review all of the TXU easements within the City. David Willey agreed that easements need to be looked at and the more that can be approved by TXU now would benefit the city. The Park Board agreed that all of the easements considered for hike and bike trails need to be reviewed and approved by TXU. Daniel Chesnut asked if this would hurt or hinder the agreement TXU has for the Brown Street Substation area that is being built on the land there. Robert Diaz stated that it is not within transmission lines. That it is within property outside the substation that TXU was looking into dedicating to the Parkland that the trail east of the station could be used as a hike and bike trail going into Avalon and several other areas . Robert Diaz asked if this item could be tabled and that he will get with Mike Sferra on how to tackle the trail system and documentation to get clearance on some of the issues taken up and presented these to the Park Board at the next meeting. Mr. Harper stated that maps, drawing and other visible information be provided to TXU. Board Action Daniel Chesnut suggested this item be tabled to the next until the next Park Board Meeting. David Willey asked that TXU be provided the Master Plan as soon as possible. Robert Diaz stated that staff will meet with Mike Sferra and report back to the Park Board. Frankie Delgado made a motion to table Item 3. Board member David Willey seconded the motion. A vote was taken and passed 4-0 with Board members Benny Jones, Brandi Lafleur and Anne Hiney absent. Board Chairman Daniel Chesnut called a recess at 7:27pm. The meeting reconvened at 7:32p.m. Board Chairman Daniel Chesnut requested that the Board move back to Item 2. 2. Consider and act upon the proposed parkland dedication in the Planned Development-Hood Tract. The presentation will be made by Tim Coltart of the Skorburg Company. Req uestor Comments Mr. Tim Coltart, of the Skoburg Company 3838 Oakland Avenue, suite 1212, Dallas, Texas. Mr. Coltart present an added proposal to the Park Board. Mr. Coltart proceeded with a power point presentation.. The hood tract is located on the future right of way of Alanis blvd slightly west of fm544 and north of Braddock Place. The concept plan submitted to the city is based on the Braddock Place plan approved Minutes—March 27,2006 Wylie Parks and Recreation Board Page 4 PD. A preliminary plat has been approved for Braddock Place and this is similar to Braddock Place plans with the same flexibility. Alanis Blvd is going to be one of the most access points to Bozman Farms, Pheasant Creek, Braddock Place, Collins Estates and the new entrance to that part of Wylie. Skoburg proposal is to dedicate right of way to the city and land to the city for parkland. The second proposal is for 147 lots and 5 acres of park land proposed. Board Comments Daniel Chesnut stated that roads can not be considered by the Park Board. Frankie Delgado stated that median can not be included in the park land dedication. Mr. Coltart stated that he understood and that he had presented the overall plan along with the dedication and that improvements would be along with the Alanis Blvd and that the 5 acres dedication would be relatively strong. Frankie Delgado stated that Skoburg would still be allowed to make up the difference in dedication with funds or some other type of compensation. Daniel Chesnut asked for clarification regarding the lot sizes and placement in correlation of the parkland. Frankie Delgado stated that he is concerned regarding the 1.2 acres and foresee this as an island that can not be used. He has a concern about the property in that it is more advantageous for the developer than the city due to the fact that you have to cross a main thoroughfare to get to it. Daniel Chesnut asked impact of fees on this property. Robert Diaz and Bill Nelson had calculated $280,000 is the equivalent for whole 140 lots and the balance from the parkland. Mr. Coltrat asked if this is $3,000 per lot. Robert Diaz stated that it is $2,500 per lot. David Willey stated that on the new plan that 4 areas to the city are to be dedicated. Mr. Coltrat clarified this in that it is only the 5 acres and not the area around the Bates property, the Pullen property and the area along 544 which would be maintained by the HOA. David Willey stated that the Park Board would like to have larger parks and two separate parks make this plan difficult. Mr. Coltrat asked the Park Board which proposal works for the Park Board. The Park Board member had concerns regarding the layout of the parks. Mr. Coltrat asked if an 8 acre park on the north side work. The Park Board had concerns of both of the concepts presented by Mr. Coltrat of the Skoburg Company. FD had concerns of practicability and redundancy of the parks and the location of the parks close to the existing Community Park. Mr. Coltrat stated that as an entrance to this area that this will bring consumers Robert Diaz stated that 5 acres is a minimum park size and the balance is in fees. Also that the City Manager would like to see park and public areas developed and usable, verses a piece of property. Frankie Delgado stated that this is something worth considering. Bill Nelson stated that the options are to accept 5 acres and the balance in fees or no parks and just the fees. Frankie Delgado asked staff if the city has a park around 5 acres that could be used as a reference to compare in size. Robert Diaz stated the Friendship Park and Eureka Park are around the 5 acres size. Robert Diaz stated that a 5 acre minimum park to the north would be a nice park for the area. Frankie Delgado stated that he would be willing to look at plan improvements and is still concerned about pocket parks. Frankie Delgado stated that he would like to deny both plans submitted to Park Board and asked that developer come back with another presentation. Daniel Chesnut asked the developer if additional homes could be placed where the 1.2 acre on the proposed plan are located. Mr. Coltrat stated that logistically that was not possible. Bill Nelson stated that Mike Sferra and he did go out and look at the land last week. Bill Nelson identified boundary landmarks and in response to questions by the Park Board. Daniel Chesnut asked if the hike and bike trail tie into the master plan. Robert Diaz stated that he wasn't for sure but felt that it does. Daniel Chesnut asked about the location of a creek and if construction would affect the flow of it. Eugene Garner identified the location of the creek and other areas in question and that the creek is a concrete viaduct. Frankie Delgado asked what is the potential to get along the creek and access to it. Frankie Delgado stated that this is a selling point if they could tie this into Community Park. Bill Nelson Minutes—March 27,2006 Wylie Parks and Recreation Board Page 5 stated that there is possibility but that due to ownership of land in the area that this. Site draining of the land, water and sewer availability, walking trail, irrigation, landscaping, playground, etc. are things that the Park Board looks at. Board Action Frankie Delgado made a motion to deny the proposed parkland dedication in the Planned Development- Hood Tract and asked the developer to bring a more feasible plan regarding the park acreage. Board Member David Willey seconded the motion. A vote was taken and passed 4-0 with Board members Benny Jones, Brandi Lafleur and Anne Hiney absent. 4. Discuss athletic light fee and timeline for athletic/user fee review. Staff Comments Robert Diaz presented this item to the Park Board. Robert Diaz suggested that the Park Board have a work session with the athletic league representative and also afterward invite the leagues to meet with the Park Board and afterward have a work session with council before it is presented to Daniel Chesnut stated that the indicated timeline is fine. Board Discussion The consensus of Park Board is that the charge for field usage be $13.00 per hour. In response to a question regarding resident and non-resident fees, Robert Diaz stated other cities have addressed resident and nonresident usage. Daniel Chesnut stated that the biggest challenge is the user fee and that there may be adjustments and compromise. Robert Diaz stated that this is a discussion item and not an action item. 5. Staff updates on the following: • Joint work session with the Planning and Zoning Board April 4,2006. • Construction status on Olde City Park and Founders Park tennis court lights Staff Comments Assistant Superintendent Robert Diaz updated the board on the next Planning and Zoning Meeting to be held on April 4,2006 at 7:00p.m. Superintendent Bill Nelson updated the Board on the progress in Olde City Park and Founders Park. Olde City Park site grading is complete, above ground utilities have been moved under ground and proceeding with concrete work and pavilion. Founders Park tennis court lights poles are installed and working to put the wiring in. Board Discussion Minutes—March 27,2006 Wylie Parks and Recreation Board Page 6 Daniel Chesnut requested information about impact fee revenue in regards to new business' coming into Wylie. Mr. Diaz responded that he would have information on impact fee collections at the next Park Board meeting. Daniel Chesnut asked if Public Services Director Mike Sferra had gotten any communication back from Collin County or the Railroad in regards to the property located adjacent to Olde City Park. Mr. Nelson did not believe that Mr. Sferra had heard anything in regards to the property adjacent to Olde City Park. Daniel Chesnut asked staff if the street lights/telephone poles located on southbound Hwy 78 just before you get to Olde City Park would be moved closer to Hwy 78. Mr. Nelson did not believe that they were set to be moved. Robert Diaz informed the Board that Mr. Sferra and Anne Hiney were attending the WISD City of Wylie joint meeting. Daniel Chesnut expressed further concern about putting Hike and Bike Trails in the TXU easements of Joel Scott Park and the possibility of being aggressive in getting TXU Electric Delivery approval to use the right of way. Board Action With no further business, Board member David Willey made a motion to adjourn the meeting at 8:45 p.m. Board member Frankie Delgado seconded the motion.A vote was taken and passed 4-0 with Board members Benny Jones,Brandi Lafleur and Anne Hiney absent. ..211 C--,,,---- niel Chesnut,Parks&Recreation Board Chairman SUBMITTED BY: ''?----.' ' -4- c..s .,.%)._. .N, Beth Zoucha,Par Board Secretary Minutes—March 27,2006 Wylie Parks and Recreation Board Page 7