City Council

Agenda Request

Agenda Of:

12/5/2006

Agenda Request No:

VI A

Initiated By:

Jennifer May, Management Assistant I

Responsible Department:

Parks & Recreation

Presented By:

Karl Miller, Parks & Recreation Director *

Department Head:

Karl Miller, Parks & recreation Director *

 

 

Additional Department. Head (s):

N/A

Subject / Proceeding:

Adopt Policy for Acceptance of Neighborhood Parks by the City of Sugar Land

approve resolution 06-49

Exhibits:

Resolution No. 06-49

Clearances

Approval

Legal:

Eugenia A. Cano

Assistant City Attorney

 

Executive Director:

N/A

Purchasing:

N/A

Asst. City Manager:

Karen H. Glynn

Budget:

Linda Symank 

City Manager:

Allen Bogard/for AB

Budget

Expenditure Required:  $

N/A

Amount Budgeted/Reallocation:  $

N/A

Additional Appropriation:  $

N/A

Recommended Action

Approve Resolution No. 06-49.

Executive Summary

In the October 17, 2006 workshop, the Parks and Recreation Department staff presented to City Council the City’s current neighborhood park system and discussed both the City’s and the POA’s traditional role in providing this service.  Staff confirmed that while POAs play a significant role in providing neighborhood parks, the City also has goals to balance land use within the City, to preserve and protect open space, and to preserve and improve the aging segments of the community.  An important part of achieving these City goals is the continued existence of neighborhood parks. 

 

As presented, there are currently eleven City-owned neighborhood parks.  Additionally, staff has identified nine of the 39 POA parks that meet this City definition.  In May 2006, the Settlers Park HOA offered to donate a 2.44-acre neighborhood park known as Mesquite Park to the City.  In discussing this offer and the City’s role in providing neighborhood parks, staff proposed that all POAs should be given the opportunity to convey their neighborhood parks to the City.

 

In the discussion with the City Council, all expressed concerns that there is a need for a POA neighborhood park acceptance policy.  In addition, it should include a requirement for a positive consensus and vote from the individual homeowners, as well as notification of and understanding of the level of service a City neighborhood park is provided, hours of operations, open to the public, etc.  This policy would address requests from POAs to donate neighborhood parks, such as Mesquite Park.  As a result, the attached policy was drafted and includes the following:

 

1. Definition

A neighborhood park is defined by the Parks, Recreation and Open Space Master Plan as a “park serving a variety of age groups within a limited area or neighborhood; ranging in size from 1-15 acres and generally serving residents within a ¼ to ½ mile radius; area for active recreation such as field games, court games, playgrounds, picnicking, etc.; generally unlighted and with limited, if any, parking on site.” 

 

2. Neighborhood Park Criteria

The proposed policy states that the neighborhood park must be within the City of Sugar Land corporate City limits, be a minimum of 1 acre in size and a maximum of 15 acres in size, include no major recreation amenities such as pools, tennis courts, etc, require no funding for capital improvements for two years following acceptance by the City, and have no unusable or inoperable equipment, facilities or amenities at the time of acceptance. 

 

3. POA Obligations

The POA must submit their request in writing and include a legal opinion stating the following: the request is in accordance with POA by-laws, the POA is the owner of the park, and there are no restrictions or conditions that would prevent the neighborhood park from being used as a public park.  Additionally, it includes a copy of the deed showing ownership of the park and a statement representing that all POA members have been informed the park will be open to all, understand the service level standards and rules and regulations of City-owned neighborhood parks (including especially the difference between City and POA standards and regulations), and proof of consensus.  Consensus is proposed as having two levels: (1) a petition signed by 75% of the POA property owners residing within 200 feet of the neighborhood park requesting that the City accept the park and (2) a petition signed by 51% of the POA property owners residing within ½ mile of the neighborhood park requesting that the City accept the park. The POA request should coincide with the City’s budget process.

 

4. City Responsibilities and Acceptance

The City is obligated to ensure POA fulfillment of established obligations. The City Council will have final acceptance and approval authority of all donations and donation agreements.  If accepted, the City would assume responsibility for the park no earlier than October 1st of that calendar year.

 

With approval of this policy, staff will be contacting all other POAs with neighborhood parks to offer this option and to bring back the Mesquite Park request with a budget adjustment for City Council action at the December 19, 2006 meeting.  The potential financial impact to to accept all nine POA parks would be $250,000. The maintenance needs of all accepted parks should be funded from the Parks and Recreation general fund, and, the City would potentially look at CIP funding for capital needs in year three and beyond.

Exhibits

                                                                       

 

                                                                                                                                                                                                                                   

 

Adopted by Res. No.

                                                                                                            Date of adoption:

                    Effective date:  

 

 

RESOLUTION NO. 06-49

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A POLICY ON ACCEPTING NEIGHBORHOOD PARKS FROM PROPERTY OWNERS’ ASSOCIATIONS.

 

WHEREAS, the City desires to balance land uses, preserve and protect open space, and protect against the decline of older, threatened areas within the City; and

 

WHEREAS, the City acknowledges that there is a public benefit in accepting neighborhood parks from property owners’ associations to enhance the quality and pride of Sugar Land; NOW, THEREFORE,

 

BE IT RESOLVED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

Section l.  That the City Council adopts the following policy:

City Council Policy

Acceptance of Neighborhood Parks

PURPOSE

 

To establish criteria for accepting neighborhood parks from property owners’ associations

 

POLICY

 

Section 1. Definitions:

 

Capital Recreation Amenities:  Conference centers, meeting rooms, aquatic facilities, and athletic courts for basketball, tennis, racquetball, or other sports.

 

City: City of Sugar Land, Texas.

 

            Neighborhood Park: a generally unlighted one- to fifteen-acre neighborhood park with limited to no on-site parking facilities actively used for recreational purposes by a variety of POA member age groups residing within a ¼ to ½ mile radius of the park.

           

            POA: a property owners’ association created under restrictive covenants recorded in the Real Property Records of Fort Bend County that apply to the Neighborhood Park.

 

Section 2. General Criteria:

 

A.     The following criteria applies to acceptance of Neighborhood Parks:

 

1.      The Neighborhood Park must:

 

a.   Be located within the City’s corporate city limits;

 

b.   Be a minimum of one acre in size and not exceed a maximum size of fifteen acres;

 

c.   Not include Capital Recreation Amenities requiring ongoing operating or maintenance costs;

 

d.   Not require the expenditure of capital funds for two years following acceptance by the City; and

 

e.   Have no unusable or inoperable equipment, facilities or amenities and no

            unsafe conditions.

 

1.      Between January 1 and March 31 of a calendar year the POA must submit:

 

a.   A written request that the City accept the Neighborhood Park.

 

b.   A legal opinion stating that:

                                                                           i.      The request complies with the POA by-laws,

                                                                         ii.      The POA is the owner of the Neighborhood Park, and

                                                                        iii.      There are no restrictions, covenants, or conditions affecting the Neighborhood Park that would prevent it from being used as a public park.

 

c.   A copy of the deed showing ownership of the Neighborhood Park.

 

d.   A statement representing that all the POA members:

(1) Have been informed that the Neighborhood Park will be open to the public,

(2) Understand the rules, regulations, and service level standards for City-owned neighborhood parks, and

(3) Know the difference between the City and POA park regulations and standards.

 

e.   A petition signed by 75% of the POA property owners residing within 200 feet of the Neighborhood Park requesting that the City accept the Neighborhood Park.

 

f.    A petition signed by 51% of the POA property owners residing within ½ mile of the Neighborhood Park requesting that the City accept the Neighborhood Park. 

 

B.     The City will:

 

1.  Convey to the POA the service level standards, rules and regulations of City-owned Neighborhood Parks prior to the POA submission required by Section A.2.

 

2.  Determine whether the POA has complied with the requirements in Section A.2.

 

Section 3. Acceptance:

 

A. The City Council has discretion whether to accept a Neighborhood Park and is the final authority on the matter.

 

 

APPROVED on   ______________________________, 2006.

           

           

 

                                                                                                _________________________

                                                                                                David G. Wallace, Mayor

 

 

 

 

 

ATTEST:

 

 

 

_____________________________

Glenda Gundermann, City Secretary

 

Reviewed for Legal Compliance: