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HomeMy WebLinkAboutItem 16 - Chapter 16 City Code AmendmentsITEM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER &J MEETING DATE: MAY 2, 2000 SUBJECT: CONSIDER AN ORDINANCE AMENDING CHAPTER 16 PARKS & RECREATION RECOMMENDATION: Staff recommends the City Council approve an ordinance amending Chapter 16 Parks and Recreation, Article 1, by the addition of Section 16-15 Construction in City parks by private vendors. This section prohibits the construction of above ground facilities in parks by public and private utility vendors. BACKGROUND: It has been a long-standing practice in the development of the City's park system to keep overhead utility lines and non -city facilities to a minimum in order to preserve the - beauty of the parks. As per requirements of the Texas Parks & Wildlife Grant program, all overhead powerlines and non -park related facility utilities have to be installed below ground for compliance with their program. Should an above ground structure be installed in an approved TPWD project, the City would be required to mitigate, at equal property value, that property which was removed from recreational use. Staff supports this requirement and recommends that all future utilities and non -park facilities be located below the surface of the ground. Over the past two years, many telecommunication companies have approached the Parks & Recreation Department wanting to install wireless transfer vaults on park property. In fact, there is currently one above -ground and one below -ground facility at Dove Park and staff has been contacted by another vendor for an additional below - ground facility. Also, a private utility vendor recently installed an above -ground facility at Pickering Park contrary to the agreement with the City of Grapevine to install the facility below -ground. Staff is working with this vendor to put the facility below ground. Finally, there is a 7' by 7' above -ground facility at Bear Creek Park located directly beneath the utility tower. The most recent request from a private vendor is from AT&T Wireless Services for the construction of a 12' by 24' above -ground facility in Bear Creek Park. The vendor has also requested to utilize a portion of a citizen's driveway to access the facility. Staff initially thought that the City could not prohibit this since it was located in the TXU utility April 26, 2000 (3:45PM) easement. However, staff has discussed this with the City Attorney and found that the City can require that the facility be located below ground. Staff envisions these requests to continue into the future and is concerned about the appearance of these structures in Grapevine's parks and the intrusion into the recreational opportunities that are enjoyed by citizens of this community. Therefore, staff recommends that the City Council approve the ordinance prohibiting the construction of above -ground facilities in parks by public and private utility vendors. DE April 26, 2000 (4:17PM) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CITY CODE BY ADDING A NEW SECTION 16-15 PARKS & RECREATION, ADDING A PROVISION PROHIBITING ABOVE -GROUND UTILITIES IN ANY CITY PARKS; PROVIDING AN APPEAL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, all utilities, public and private, and all communications vendors are increasing at a rapid rate and utilizing the public rights-of-way and other public locations such as parks; and WHEREAS, the Parks & Recreation Staff is concerned that the proliferation of above ground utilities will not only damage the beauty and aesthetics of the City's parks system, but they can also constitute dangerous and attractive nuisances for children and adults as well; and WHEREAS, City Staff has recommended an amendment to the City Code prohibiting construction of above -ground utilities in City parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated into this ordinance as if copied in their entirety. Section 2. That the City Code of Ordinances, Chapter 16, Parks and Recreation is hereby amended by adding the following new subsection, 16-15 relating to construction of utilities in parks: "16-15. Above Ground Utilities (Public or Private) Prohibited in Public Parks. (a) It shall be unlawful to construct, own, operate or maintain any utilities, utility facilities, or utility related facilities (public or private) in a public park, as defined in Section 16-5, above ground, except as otherwise provided herein. This provision does not apply to utilities, utility facilities, or utility related facilities constructed prior to the effective date of this ordinance. (b) Any party may appeal the applicability of this section to the City Manager on the grounds that the enforcement of this ordinance would be an unnecessary hardship, provided such appeal is made in writing to the City Manager within ten (10) days of the occurrence on which the appeal is based. The City Manager shall only grant an appeal of the applicability of this section based on a showing that these requirements are contrary to the applicant's preexisting legal rights or result in unreasonable hardship. The City Manager's decision shall be in writing and is final." Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of May, 2000. APPROVED: ATTEST: ORD. NO. 2 APPROVED AS TO FORM: ORD. NO.