HomeMy WebLinkAboutItem 05 - Silver Lake Corps of EngineersITEM +
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
i'
FROM: ROGER NELSON, CITY MANAGE
MEETING DATE: MARCH 18, 2003
SUBJECT: LEASE AGREEMENT & CONTRACTOR AGREEMENTS —
CORPS OF ENGINEERS PROPERTY
RECOMMENDATION:
The City Council to consider renewal of a six-month supplemental lease agreement with
the Corps of Engineers for approximately 770 acres of Corps property at Lake
Grapevine and renewal of contractor agreements for Gate Attendants for Silver Lake
Campground and for Fee Collection at the boat ramps and campground, and authorize
the City Manager to execute said agreements. (Copies of the agreements are attached
for review.)
FUNDING SOURCE:
Funds to pay salaries for the Gate Attendants and Fee Collector are available from
revenues generated from camping fees, park entrance fees and boat ramp usage.
BACKGROUND:
At the September 17, 2002 meeting, the City Council approved a six-month lease
agreement (October — March) with the Corps of Engineers for approximately 770 acres
of parkland at Lake Grapevine. During this six-month period, staff developed a
maintenance and improvement plan based upon revenues generated at the
campground and boat ramps. Also, the City Council approved a new fee schedule for
boat ramps, camping fees and park entrance fees at the January 21, 2003 meeting.
If the Council approves the renewal of the lease agreement with the Corps of Engineers,
staff will have another six month period (April — September) to study the revenues and
expenditures from the Corps property. To date, Staff has been able to maintain the
facilities and to do some minor improvements utilizing the revenues generated from the
campground and boat ramps.
Staff further recommends the Council renew the agreements with the gate attendant
contractors and the fee collection contractor. The current contractors have done an
excellent job of managing the campground and collecting fees at the boat ramps. The
City Attorney reviewed and approved the current contracts.
March 13, 2003 (12:39PM)
SUPPLEMENTAL AGREEMENT NO. 1
TO
LEASE NO. DACW63-1-02-0650
'. GRAPEVINE LAKE, TEXAS
This Supplemental Agreement No. 1 to Lease No. DACW63-1-02-0650,
made and entered into by and between the Secretary of the Army,
hereinafter referred to as the Secretary, and the City of Grapevine,
P.O. Box 95104, Grapevine, Texas, 76099, hereinafter referred to as
Lessee:
W I T N E S S E T H:
WHEREAS, on 1 October 2002, the Secretary of the Army granted to
the lessee, the above -numbered lease covering a parcel of land for
public park and recreation purposes;
WHEREAS, the lessee has requested that the original lease be
amended to grant a twelve (12) month term of said lease from 1 October
2002 to 30 September 2003, and the government is agreeable thereto.
NOW, THEREFORE, Lease No. DACW63-1-02-0650 is hereby amended in
the following respects only:
1. Delete from the granting clause of the original easement the
following words, " Said premises are hereby leased for a term of six
(6) months beginning 1 October 2002 and ending 31 March 2003" and
substitute in lieu thereof, "Said premises are hereby leased for a
term of twelve (12) months, beginning October 1, 2002 and ending
September 30, 2003."
EXCEPT for the revision above, the terms and conditions of the
lessee shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand by the authority
of the Secretary of the Army this day of , 2003.
HYLA J. HEAD
Chief, Real Estate Division
The above instrument, together with all the conditions thereof, is
hereby accepted this day of , 2003.
Lessee
CERTIFICATE
I, , certify that I am the
of the City of Grapevine, named as a lessee herein; that
who signed this agreement on behalf of the City of Grapevine, was then
of the City of Grapevine, and that said agreement was duly signed for
and on behalf of the City of Grapevine, by authority of its governing body and is within the
scope of its legal powers.
Date
(Title)
NOTE: Please have someone other than the person who signs the agreement, complete and
sign this form.
SILVER LAKE CAMPGROUND
PARK ATTENDANT AGREEMENT
This Park Attendant Agreement ("Agreement") is entered into by the City of
Grapevine, Texas, hereinafter referred to as the "City", and Dwight and Naomi
Cotton, hereinafter referred to as the "Contractors".
WHEREAS, The City desires to engage the services of Contractors for the
purposes set forth herein, as independent contractors and not as employees.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein made and the benefits flowing to the parties hereto, the City
and the Contractors, do hereby contract and agree as follows:
A. DUTIES AND OBLIGATIONS OF CONTRACTORS. Contractors shall
serve as Park Attendants at Silver Lake Campground (the "Campground")
located in the City. As Park Attendants, the Contractors shall:
1. Provide a self-contained trailer (the type and design of which shall
be subject to the approval of the Director of Parks & Recreation or
his/her designee) that shall be parked near the entrance of the
campground at a location to be designated by the Director of Parks
n.,.
& Recreation or his/her designee. Contractor will maintain the area
around the self-contained trailer in a clean, uncluttered and sanitary
condition at all times. Contractor shall base the performance of this
Agreement from that trailer.
2. Provide surveillance in the park Friday, Saturday and Sunday and
be responsible for operation of the gatehouse in accordance with
the Director of Parks & Recreation or his/her designee. The
Contractors shall be responsible for managing the gatehouse from
8 AM through 8 PM, Friday through Sunday.
3. The management of the campground by the Contractors shall
include the following functions.
(a.) Taking reservations and collecting fees for campsites,
pavilion rentals and boat ramp stickers. The
Contractors shall be responsible for reconciling the
monies collected daily.
(b.) Maintaining the gatehouse, both inside and outside, in a
clean, orderly and sanitary condition. The gatehouse
shall be thoroughly cleaned at the end of each shift.
Cleaning shall include, but not limited to, cleaning the
O:\EVANS\Corps of EnginnersTark attendant contract2
03/11/03
Page 1 of 4
restroom and windows, sweeping and mopping the
floors, picking up litter, emptying trash receptacles and
dusting.
(c.) Determine if any Park facilities require maintenance
and reporting these to the Director of Parks &
Recreation or his/her designee.
(d.) Determine whether or not any person has failed to
comply with rules and regulations relating to the use of
the Park, and address those that Contractor has
authority to handle, otherwise recruit the appropriate
authority.
(e.) Assist campers with problems.
(f.) Promote Grapevine by informing customers of history of
City and what the City has to offer.
(g.) Distribute park rules to customers.
(h.) Report all disturbances the Contractors are unable to
control to the Grapevine Police Department. The
Contractors shall not attempt to apprehend violators.
(i.) The Contractors shall be responsible for keeping a
written record of complaints by customers and keep
records of the number of campsites rented.
The Contractors shall be responsible for the sales of
such products as ice, firewood and other supplies
provided by the City. The Contractors shall also be
responsible for the collection of sales tax on items sold.
(k.) The Contractors shall be responsible for completing a
W-9 tax form and submitting that to the Finance
Department of the City of Grapevine.
B. DUTIES AND OBLIGATIONS OF THE CITY. City shall provide to
Contractors;
1 A site for the self-contained trailer which will include utilities and a
communications system (i.e. radio). Telephone service shall not be
provided by the City, but should be available upon request by the
Contractors to the appropriate telephone company.
2. A logbook, notebook, pen, paper, and all handout material.
3. Shirt and name tag identification.
4. Supplies such as trash bags, toilet paper, cleaning and office
supplies to properly maintain facilities in performance of
Contractor's job duties.
0:\EVANS\Corps of EnginnersTark attendant contract2
03/11/03
Page 2 of 4
C. ADDITIONAL TERMS OF AGREEMENT
1. This agreement shall commence on the 1 st day of April, 2003 and
shall expire on the 30th day of September, 2003.
2. This Agreement may be terminated by the Contractors by giving at
least thirty days written notice to the Director of Parks & Recreation
or his/her designee. This Agreement may be terminated by the City
with or without cause by giving the Contractor at least 30 days
written notice. Additionally, the City may terminate this Agreement
immediately and without notice upon the happening of any of the
following:
(a.) The conviction of Contractor of any felony, or of any
misdemeanor involving moral turpitude; or
(b.) The failure of Contractors to diligently or properly
perform Contractor's duties under this Agreement.
3. Payment to the Contractors shall be on a monthly basis at a rate of
$73 per day payable on or about the first Wednesday following the
end of the month.
4. The Contractor shall notify the Director of Parks & Recreation or
his/her designee of any anticipated absences. If the Contractors
are absent, the Contractors are responsible for providing a
replacement to perform his/her duties. Failure to provide proper
coverage when absent will result in a reduction of Contractor's pay
for the period of absence.
5. Contractors shall present a neat and clean appearance while on
d uty.
6. Contractors shall abstain from the use of alcoholic beverages and
or controlled substances while on duty.
7. Contractors shall not construct or place in the campground any dog
pens, horse corrals, poultry cages or similar facilities for pets or
raising of animals. All pets of the Contractors shall be confined or
on a leash of six feet (6) or less in length. Pets will not be allowed
in the gatehouse.
8. The Contractors shall be required to furnish a Business Services,
Fidelity or Dishonesty bond for the minimum amount of Five
Thousand and No/100 Dollars ($5,000). The Contractors shall
furnish the bond prior to any work performed via this contract. The
Contractors shall be reimbursed for the cost of the bond on their
O:\EVANS\Corps of EnginnersTark attendant contract2
03/11%03
Page 3 of 4
first invoice at the beginning of each term. The cost of the bond
shall be shown as a separate line item on the invoice. The City
shall not reimburse additional charges for credit reports. If the City
exercises an option period, the Contractors must provide the bond
before the first day of work of any option period.
D. STATUS OF CONTRACTOR
1. It is the intention of the parties that Contractors shall be an
independent contractors and not an employee of the City for all
purposes, including but not limited to, the application of the Federal
Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Act, provisions of the Internal Revenue Code. City will
abstain from payment of Workers Compensation Insurance on
Contractor. Contractor shall coordinate scheduled task with the
Director of Parks & Recreation or his/her designee. Contractors have
represented to the City that Contractors are individuals, and will be
required to pay federal self-employment taxes upon amounts received
under this Agreement.
2. Indemnification: The Contractors shall indemnify the City, its officers,
employees and agents against, and hold the City, its officers,
employees and agents harmless from, any and all liability, suits claims,
actions, causes of action costs, expenses or fees (including
reasonable attorney's fees) for any injury to or the death of any person,
damage to, or destruction of any property resulting from resulting from
or based upon, in whole or in part, any act or omission of Contractors,
his or her agents / employees, under this Agreement. The provision of
this paragraph shall survive the termination of this agreement.
3. Assignment: Contractors shall not assign any of its rights and
obligations pursuant to this Agreement, without the express written
consent of the Director of Parks & Recreation or his/her designee.
4. City Ordinances: This Agreement is subject to all City Ordinances
presently in force and any Ordinances, which the City Council may
pass in the future.
AGREED to on this the
THE CITY OF GRAPEVINE:
0AEVANS\Corps of EnginnersTark attendant contract2
03/11/03
day of _, 2003
PARK ATTENDANTS:
SILVER LAKE CAMPGROUND
PARK ATTENDANT AGREEMENT
This Park Attendant Agreement ("Agreement") is entered into by the City of
Grapevine, Texas, hereinafter referred to as the "City", and Dorothy and Rick
Overpeck, hereinafter referred to as the "Contractors".
WHEREAS, The City desires to engage the services of Contractors for the
purposes set forth herein, as independent contractors and not as employees.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein made and the benefits flowing to the parties hereto, the City
and the Contractors, do hereby contract and agree as follows:
A. DUTIES AND OBLIGATIONS OF CONTRACTORS. Contractors shall
serve as Park Attendants at Silver Lake Campground (the "Campground")
located in the City. As Park Attendants, the Contractors shall:
1. Provide a self-contained trailer (the type and design of which shall
be subject to the approval of the Director of Parks & Recreation or
his/her designee) that shall be parked near the entrance of the
campground at a location to be designated by the Director of Parks
& Recreation or his/her designee. Contractor will maintain the area
around the self-contained trailer in a clean, uncluttered and sanitary
condition at all times. Contractor shall base the performance of this
Agreement from that trailer.
2. Provide surveillance in the park Monday through Thursday and be
responsible for operation of the gatehouse in accordance with the
Director of Parks & Recreation or his/her designee. The
contractors will be responsible for opening the gate at 6 AM
Monday through Thursday and managing the gatehouse from 8 AM
through 8 PM Monday through Thursday.
3. The management of the campground by the Contractors shall
include the following functions.
(a.) Taking reservations and collecting fees for campsites,
pavilion rentals and boat ramp stickers. The
Contractors shall also be responsible for collecting
monies from the washing machines and dryers at the
campground laundry building. The Contractors shall be
responsible for reconciling the monies collected daily.
(b.) Maintaining the gatehouse, both inside and outside, in a
clean, orderly and sanitary condition. The gatehouse
shall be thoroughly cleaned at the end of each shift.
O:\EVANS\Corp of EngineersTark attendant contractl
03/11/03
Cleaning shall include, but not limited to, cleaning the
restroom and windows, sweeping and mopping the
floors, picking up litter, emptying trash receptacles and
dusting.
(c.) Determine if any Park facilities require maintenance
and reporting these to the Director of Parks &
Recreation or his/her designee.
(d.) Determine whether or not any person has failed to
comply with rules and regulations relating to the use of
the Park, and address those that Contractor has
authority to handle, otherwise recruit the appropriate
authority.
(e.) Assist campers with problems.
(f.) Promote Grapevine by informing customers of history of
City and what the City has to offer.
(g.) Distribute park rules to customers.
(h.) Report all disturbances the Contractors are unable to
control to the Grapevine Police Department. The
Contractors shall not attempt to apprehend violators.
(i.) The Contractors shall be responsible for keeping a
written record of complaints by customers and keep
records of the number of campsites rented.
The Contractors shall be responsible for the sales of
such products as ice, firewood and other supplies
provided by the City. The Contractors shall also be
responsible for the collection of sales tax on items sold.
(k.) The Contractors shall be responsible for completing a
W-9 tax form and submitting that to the Finance
Department of the City of Grapevine.
B. DUTIES AND OBLIGATIONS OF THE CITY, City shall provide to
Contractors;
1 A site for the self-contained trailer which will include utilities and a
communications system (i.e. radio). Telephone service shall not be
provided by the City, but should be available upon request by the
Contractors to the appropriate telephone company.
2. A logbook, notebook, pen, paper, and all handout material.
3. Shirt and name tag identification.
4. Supplies such as trash bags, toilet paper, cleaning and office
supplies to properly maintain facilities in performance of
Contractor's job duties.
0:\EVANS\Corp of EngineersTark attendant contracti
03/11/03
Page 2 of 4
C. ADDITIONAL TERMS OF AGREEMENT
1. This agreement shall commence on the 1 st day of April, 2003 and
shall expire on the 30th day of September, 2003.
2. This Agreement may be terminated by the Contractors by giving at
least thirty days written notice to the Director of Parks & Recreation
or his/her designee. This Agreement may be terminated by the City
with or without cause by giving the Contractor at least 30 days
written notice. Additionally, the City may terminate this Agreement
immediately and without notice upon the happening of any of the
following:
(a.) The conviction of Contractor of any felony, or of any
misdemeanor involving moral turpitude; or
(b.) The failure of Contractors to diligently or properly
perform Contractor's duties under this Agreement.
3. Payment to the Contractors shall be on a monthly basis at a rate of
$ 78 per day payable on or about the first Wednesday following the
end of the month.
4. The Contractor shall notify the Director of Parks & Recreation or
his/her designee of any anticipated absences. If the Contractors
are absent, the Contractors are responsible for providing a
replacement to perform his/her duties. Failure to provide proper
coverage when absent will result in a reduction of Contractor's pay
for the period of absence.
5. Contractors shall present a neat and clean appearance while on
d uty.
6. Contractors shall abstain from the use of alcoholic beverages and
or controlled substances while on duty.
7. Contractors shall not construct or place in the campground any dog
pens, horse corrals, poultry cages or similar facilities for pets or
raising of animals. All pets of the Contractors shall be confined or
on a leash of six feet (6) or less in length. Pets will not be allowed
in the gatehouse.
8. The Contractors shall be required to furnish a Business Services,
Fidelity or Dishonesty bond for the minimum amount of Five
Thousand and No/100 Dollars ($5,000). The Contractors shall
0:\EVANS\Corp of EngineersTark attendant contractl
03111/03
Page 3 of 4
furnish the bond prior to any work performed via this contract. The
Contractors shall be reimbursed for the cost of the bond on their
first invoice at the beginning of each term. The cost of the bond
shall be shown as a separate line item on the invoice. The City
shall not reimburse additional charges for credit reports. If the City
exercises an option period, the Contractors must provide the bond
before the first day of work of any option period.
D. STATUS OF CONTRACTOR
1 It is the intention of the parties that Contractors shall be an
independent contractors - and not an employee of the City for all
purposes, including but not limited to, the application of the Federal
Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Act, provisions of the Internal Revenue Code. City will
abstain from payment of Workers Compensation Insurance on
Contractor. Contractor shall coordinate scheduled task with the
Director of Parks & Recreation or his/her designee. Contractors have
represented to the City that Contractors are individuals, and will be
required to pay federal self-employment taxes upon amounts received
under this Agreement.
2. Indemnification: The Contractors shall indemnify the City, its officers,
employees and agents against, and hold the City, its officers,
employees and agents harmless from, any and all liability, suits claims,
actions, causes of action costs, expenses or fees (including
reasonable attorney's fees) for any injury to or the death of any person,
damage to, or destruction of any property resulting from resulting from
or based upon, in whole or in part, any act or omission of Contractors,
his or her agents / employees, under this Agreement. The provision of
this paragraph shall survive the termination of this agreement.
3. Assignment: Contractors shall not assign any of its rights and
obligations pursuant to this Agreement, without the express written
consent of the Director of Parks & Recreation or his/her designee.
4. City Ordinances: This Agreement is subject to all City Ordinances
presently in force and any Ordinances, which the City Council may
pass in the future.
AGREED to on this the — day of _, 2003
THE CITY OF GRAPEVINE: PARK ATTENDANTS:
0:\EVANS\Corp of EngineersTark attendant contractl
03/11/03
1��
LAKE GRAPEVINE
FEE COLLECTIONWEADOM ERE PARK MAINTENANC
AGREEMEUT
This Fee Collection\Meadowmere Park Maintenance Agreement ("Agreement") is
entered into by the City of Grapevine, Texas, hereinafter referred to as the "City",
and Bill and Joyce Arrington, hereinafter referred to as the "Contractors".
WHEREAS, The City desires to engage the services of Contractors for the
purposes set forth herein, as independent contractors and not as an employees.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein made and the benefits flowing to the parties hereto, the City
and the Contractors, do hereby contract and agree as follows:
A. DUTIES AND OBLIGATIONS OF CONTRACTORS.
Boat Ramps\Silver Lake Campground
The Contractors shall collect fees at the boat ramps at the following sites:
Katie's Woods, Scotts Landing, Sand Bass, Trawick, Dove Loop,
McPherson, Lakeview North, Lakeview South and Meadowmere. Each of
these boat ramps is served with an honor pay vault. The Contractors shall
also collect fees from the Silver Lake Campground. The Contractors shall
collect fees at the boat ramps four (4) days per week (Friday, Saturday,
Sunday and Monday) from April 1st through September 30th and one (1)
day per week from October 1't through March 30th. The Contractors shall
also collect fees at Silver Lake Campground on Mondays and Fridays of
each week. The Contractors shall also be responsible for reconciling the
monies collected and dropping off the monies at a site agreed upon with
the City. The Contracts shall also perform routine audits at the boat
ramps utilizing a method developed by the City and agreed upon by the
Contractors.
Meadowmere Park
The Contractors shall be required to maintain the grass around the picnic
stations, beach and play area at a maximum height of three (3) inches.
The Contractors shall also be required to pick up litter at the picnic
stations, play area and boat ramp at Meadowmere Park two (2) times per
week from April Vt through September 30th and one (1) time per week
from October 1St through March 30th. The City shall provide all equipment
and supplies necessary to do maintenance at Meadowmere Park.
The Contractors shall also be responsible for the following.
Provide a self-contained trailer (the type and design of which shall
be subject to the approval of the Director of Parks & Recreation or
0:\EVANS\Corps of EngineersTee Collection contract2
03/11/03
his/her designee) that shall be parked near the entrance of the
campground at a location to be designated by the Director of Parks
& Recreation or his/her designee. Contractors will maintain the area
around the self-contained trailer in a clean, uncluttered and sanitary
condition at all times. Contractors shall base the performance of
this Agreement from that trailer.
2. Report all disturbances the Contractors are unable to control to the
Grapevine Police Department. Contractors shall not attempt to
apprehend violators.
3. The Contractors shall be required to furnish a Business Services,
Fidelity or Dishonesty bond for the minimum amount of Five
Thousand and No/100 Dollars ($5,000). The Contractors shall
furnish the bond prior to any work performed via this contract. The
Contractors shall be reimbursed for the cost of the bond on their
first invoice at the beginning of each term. The cost of the bond
shall be shown as a separate line item on the invoice. The City
shall not reimburse additional charges for credit reports. If the City
exercises an option period, the Contractors must provide the bond
before the first day of work of any option period.
B. DUTIES AND OBLIGATIONS OF THE CITY. City shall provide to
Contractor;
1. A site for the self-contained trailer which will include utilities,
including telephone.
2. Equipment and supplies necessary to perform maintenance duties
at Meadowmere Park as specified in this agreement.
C. ADDITIONAL TERMS OF AGREEMENT
This agreement shall commence on the 1st day of April, 2003 and
shall expire on the 30th day of September, 2003.
3. This Agreement may be terminated by the Contractors by giving at
least thirty days written notice to the Director of Parks & Recreation
or his/her designee. This Agreement may be terminated by the City
with or without cause by giving the Contractors at least 30 days
written notice. Additionally, the City may terminate this Agreement
immediately and without notice upon the happening of any of the
following:
0:\EVANS'\Corps of EngineersTee Collection contract2
03/11/03
Page 2 of 4
if) (a.) The conviction of Contractors of any felony, or of any
misdemeanor involving moral turpitude; or
(b.) The failure of Contractors to diligently or properly
perform Contractor's duties under this Agreement.
4. Payment to the Contractors shall be on a monthly basis at a rate of
$58 per day payable on or about the first Wednesday following the
end of the month.
5. The Contractors shall notify the Director of Parks & Recreation or
his/her designee of any anticipated absences. If the Contractors
are absent, the Contractors are responsible for providing a
replacement to perform his/her duties. Failure to provide proper
coverage when absent will result in a reduction of Contractor's pay
for the period of absence.
6. Contractors shall abstain from the use of alcoholic beverages and
or controlled substances while on duty.
7. Contractors shall not construct or place in the park any dog pens,
horse corrals, poultry cages or similar facilities for pets or raising of
animals. All pets of the Contractor shall be confined or on a leash of
six feet (6) or less in length. Pets will not be allowed in the
gatehouse.
D. STATUS OF CONTRACTOR
It is the intention of the parties that Contractors shall be independent
contractors and not an employees of the City for all purposes, including
but not limited to, the application of the Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Act, provisions
of the Internal Revenue Code. City will abstain from payment of
Workers Compensation Insurance on Contractors. Contractors shall
coordinate scheduled task with the Director of Parks & Recreation or
his/her designee. Contractors have represented to the City that
Contractors are individuals, and will be required to pay federal self-
employment taxes upon amounts received under this Agreement.
2. Indemnification: Contractors shall indemnify the City, its officers,
employees and agents against, and hold the City, its officers,
employees and agents harmless from, any and all liability, suits claims,
actions, causes of action costs, expenses or fees (including
reasonable attorney's fees) for any injury to or the death of any person,
i damage to, or destruction of any property resulting from resulting from
O:\EVANS\Corps of EngineersTee Collection contract2
03/11/03
Page 3of4
or based upon, in whole or in part, any act or omission of Contractors,
his or her agents / employees, under this Agreement. The provision of
this paragraph shall survive the termination of this agreement.
3. Assignment: Contractors shall not assign any of its rights and
obligations pursuant to this Agreement, without the express written
consent of the Director of Parks and Recreation Director or his/her
designee.
4. City Ordinances: This Agreement is subject to all City Ordinances
presently in force and any Ordinances, which the City Council may
pass in the future.
AGREED to on this the day of _, 2003
THE CITY OF GRAPEVINE: CONTRACTORS:
0:\EVANS\Corps of EngineersTee Collection contract2
03/11/03
Page 4 of 4
MEMO TO: HONORABLE MAYOR AND MEMBERS
FROM: ROGER NELSON, CITY MANAGERP/
MEETING DATE: MARCH 18, 2003
SUBJECT: AMENDMENT TO CHAPTER 16 PARKS AND RECREATION
The Council Sub -Committee, Parks & Recreation Advisory Board and staff recommend
the City Council approve an ordinance amending Chapter 16 Parks and Recreation,
Article 111, Grapevine Lake and Reservoir Area by amending certain sections of the
ordinance and adding new sections to the ordinance. A copy of the proposed ordinance
is attached. Also attached is the entire Article 111. New verbiage is in bold print.
The City Council approved a six-month lease agreement with the Corps of Engineers at
the September 17th Council meeting and has a recommendation for renewal of the lease
on this agenda. Now that the City has taken over management of the Corps property at
Lake Grapevine, staff reviewed the current ordinances relating to the property and has
the following recommendations.
1. Add the definition of the City Manager and in most sections of the
ordinance, delete the district engineer and insert the City Manager as the
authorized agent.
2. Amend Section 16-45 Camping to include the total number of consecutive
days people can camp at the campgrounds.
3. Add Section 16-56 Aquatic Activities to cover the risk and areas where
aquatic activities are not allowed.
4. Add Section 16-57 Recreational Use Fees relating to the City of
Grapevine's authority to collect fees and enforce them.
5. Add Section 16-58 Vehicles relating to restrictions on vehicle use on City -
leased Corps of Engineers property.
6. Add Section 16-59 Special Events relating to the process of obtaining
permits for events on Corps of Engineers property.
March 4, 2003 (8:56AM)
7. Amend Section 16-65 Penalties and enforcement relating to the authority
to enforcement and issue citations.
if approved by the City Council, staff will continue to monitor the activities on City -leased
Corps of Engineers property at Lake Grapevine and possibly bring back additional
recommendations for Council consideration.
AN
March 4, 2003 (8:56AM)
ARTICLE 111. GRAPEVINE LAKE AND RESERVOIR AREA*
*Editor's note: Ord. No. 83-21, adopted May 3, 1983, did not specifically amend this
Code; hence inclusion of §§ 1--14 as §§ 16-41--16-53 and 16-55 was at the discretion
n of the editor.
Sec. 16-41. Scope.
This article shall apply to Grapevine Lake and the reservoir area, including the
reservoir area property.
(Ord. No. 83-21, § 1, 5-3-83)
Sec. 16-42. Definitions.
In connection with this article, the following definitions shall govern:
(a) Chief of Police shall mean the Chief of Police of the City of Grapevine,
Texas, or his/her designated representative.
(b) District engineer shall mean the District Engineer of the United States
Army Corps of Engineers, or his designated representative.
(c) City Manager shall mean the City Manager for the City of Grapevine
or his/her designated representative.
�
(d) Reservoir area shall mean:
(1) Grapevine Lake, Grapevine Dam, and all surrounding areas, which
are owned by the federal government and are leased to the City of
Grapevine, Texas, and which are within the corporate limits of the
City of Grapevine, Texas, and
(2) The area surrounding Grapevine Lake and below Grapevine Dam,
which is owned by the federal government and not leased by the
City of Grapevine, Texas, and which lies within the corporate limits
of the City of Grapevine, Texas, and
(3) Any reservoir area property located on or at the areas described in
(c)(1) and (c)(2) of this section.
(e) Reservoir area property shall mean any and all personal property
facilities or buildings that are owned by the federal government and are
located in Grapevine Lake at the reservoir area.
(i) Posted restrictions shall mean any and all restrictions, rules, and
regulations promulgated by the United States Army Corps of Engineers
which govern the use of Grapevine Lake, the reservoir area, or the
reservoir area property.
Alcoholic beverage shall mean alcohol, or any beverage containing more
than one-half of one percent of alcohol by volume, which is capable of
use for beverage purposes, either alone or when diluted.
(Ord. No. 83-21, § 2, 5-3-83; Ord. No. 91-06, § 2, 2-5-91)
Sec. 16-43. Operation and parking of vehicles.
(a) This section pertains to all vehicles, including, but not limited to, automobiles,
trucks, motorcycles, minibikes, trail bikes, snowmobiles, dune buggies, all terrain
vehicles, bicycles, and trailers, campers, or any other such equipment.
(b) Vehicles shall not be parked in violation of posted restrictions or in such a
manner as to endanger Grapevine Lake, the reservoir area, or any environmental
feature. The owner of any vehicle parked in violation of this section shall be
presumed to have parked it, and unless rebutted, such presumption will be
sufficient to sustain a conviction as provided for in section 16-55.
(c) The operation of a vehicle off roadways is prohibited except at locations and
times designated by the diStF!Gt enninaor City Manager.
(d) Vehicles shall be operated only in accordance with posted regulations.
(e) No persons shall operate any vehicle in a careless, negligent, or reckless manner
as to endanger Grapevine Lake, the reservoir area, or any environmental feature.
(f) At developed areas, vehicles shall be used only for ingress and egress unless
otherwise permitted by posted regulations.
(g) Except as authorized by the d'StFiGt engineer City Manager, no person shall
operate any motorized vehicle without a proper and effective exhaust muffler, or
with an exhaust muffler cutout open, or in any other manner which renders the
exhaust muffler ineffective in muffling the sound of engine exhaust.
(Ord. No. 83-21, § 3, 5-3-83)
Sec. 16-44. Watercraft.
(a) The placement and/or operation of any vessel or watercraft for a fee or profit
upon Grapevine Lake or at the reservoir area is prohibited except as authorized
by permit, lease, license, or concession contract with the Department of the
United States Army, which permit shall be kept on the vessel or watercraft at all
times while in operation on or at Grapevine Lake or the reservoir area.
(b) Vessels or other watercraft may be operated in Grapevine Lake, except in
prohibited or restricted areas, in accordance with posted regulations and
applicable federal, state, and local laws.
(c) The operation of vessels or other watercraft in a careless, negligent, or reckless
manner so as to endanger any property or person (including the operator and/or
user(s) of the vessel or watercraft) is prohibited.
(d) All vessels or other watercraft, when in use, shall have safety equipment on
board in compliance with U.S. Coast Guard boating safety requirements.
(e) Vessels or other watercraft while moored in commercial facilities, community or
corporate docks, or at any fixed or permanent mooring point may only be used
for overnight occupancy when such use is incidental to recreational boating.
Vessels or other watercraft are not to be used as a place of habitation or
residence.
(f) Water skis and similar devices are permitted in non -restricted areas, except that
they may not be used in a careless, negligent, or reckless manner so as to
endanger any property or person, including the user or operator of the towing
vessel or other watercraft.
(g) All vessels or other watercraft, when not in actual use, shall be removed from
Grapevine Lake and the reservoir area unless securely moored at mooring
facilities approved by the District Engineer. The placing of floating or stationary
mooring facilities to, or interfering with, a buoy, channel marker, or other
navigational aid is prohibited.
(h) The use at Grapevine Lake and the reservoir area of any vessel or other
watercraft not constructed or maintained in compliance with the standards and
requirements established by the National Safe Boating Act of 1971, and any
amendments thereto, or promulgated pursuant to such act, is prohibited.
(i) The discharge or placing of sewage, galley waste, garbage, refuse, metal cans,
or pollutants into Grapevine Lake or upon the reservoir area from any vessel or
other watercraft is prohibited.
(j) Except as authorized by the District Engineer, no person shall operate any vessel
or other watercraft without a proper and effective exhaust muffler, or with an
exhaust muffler cutout open, or in any other manner which renders the exhaust
muffler ineffective in muffling the sound of engine exhaust.
(Ord. No. 83-21, § 4, 5-3-83)
Sec. 16-45. Camping.
(a) Camping is permitted only at sites and/or areas designated by the distriGt
e+�geer City Manager.
(b) Camping at one or more campsites at the reservoir area for a period longer than
4-4 42 consecutive days from April 1St through September 30th and for 120
days from October 1St through March 30th is prohibited.
(c) The placement of camping equipment on a campsite or intermittent personal
appearance at a campsite for the purpose of reserving a designated campsite for
future occupancy is prohibited.
eeg+eee�-
(d) The digging or leveling of any ground or the construction of any structure without
written permission of the distFiGt eRgiRee City Manager is prohibited.
(e) Campers shall keep their campsites free of trash and litter during the period of
occupancy and shall clean their campsites and remove all personal equipment
upon departure.
(Ord. No. 83-21, § 5, 5-3-83)
Sec. 16-46. Fires.
(a) Gasoline and other fuels, except that which is contained in storage tanks of
vehicles, vessels, camping equipment, or hand portable containers, shall not be
carried onto or stored within Grapevine Lake or the reservoir area without written
permission of the distriGt eRginee City Manager.
(b) Fires shall be confined to those areas designated by the diStFiGt eng City
Manager and shall be confined to fireplaces, grills, or other facilities designed for
this purpose. Fires shall not be left unattended and must be completely
extinguished prior to departure.
(c) The gathering of wood is prohibited without written permission of the diStriG
enginee City Manager except for the gathering of dead material on the ground
for use in recreation areas designated by the diStFiGt eRginnor City Manager.
(Ord. No. 83-21, § 6, 5-3-83)
Sec. 16-47. Control of animals.
(a) No person shall bring or allow horses, cattle, or other livestock in camping,
picnic, swimming, or other recreation areas except in areas designated by the
diStFiGt engineer City Manager.
(b) No person shall bring dogs, cats, or other pets into developed recreation areas
unless penned, caged, or on a leash under six feet in length, or otherwise under
physical restraint at all times.
(c) No animals or pets are permitted in swimming beach areas. Unclaimed or
unattended animals are subject to immediate impoundment and removal by the
chief of police in accordance with state and local laws.
(d) Allowing unauthorized livestock to enter upon or to be upon Grapevine Lake or
the reservoir area and failing or refusing to remove unauthorized livestock from
Grapevine Lake or the reservoir area when requested by the chief of police is
prohibited.
(Ord. No. 83-21, § 7, 5-3-83)
Sec. 16-48. Explosives, firearms, other weapons, and fireworks.
(a) The possession of loaded firearms, ammunition, loaded projectile firing devices,
bows and arrows, crossbows, dangerous weapons defined and listed in
Section 46.01 of the Texas Penal Code, and explosives of any kind is
prohibited unless (1) In the possession of a state or local law enforcement officer
on official business; or (2) In the possession of a federal government employee
with law enforcement authority and on official business as approved by the
diStFiGt ' g+neer Chief of Police; or (3) Written permission has been received
from the distFiG+ engineer Chief of Police.
(b) The possession or use of fireworks is prohibited unless written permission has
been received from the distFi^+ eRgineer Chief of Police.
(Ord. No. 83-21, § 8, 5-3-83)
Sec. 16-49. Abandonment of personal property.
Personal property of any kind shall not be abandoned or left unattended upon
Grapevine Lake or the reservoir area. Abandoned or unattended personal property is
subject to impoundment and sale by the Chief of Police in accordance with state and
local laws.
(Ord. No. 83-21, § 9, 5-3-83)
Sec. 16-50. Advertisements.
Advertising by the use of billboards, signs, markers, audio devices, or any other
means whatsoever, including handbills, circulars, and posters, is prohibited without
tt
written permission of the diStFiGt eRginee City Manager, a copy of which written
permission shall be provided to the chief of police. Vessels and vehicles with semi-
permanent or permanent paint installed signs are exempt as long as they are used for
authorized recreational activities and comply with all other rules and regulations
pertaining to vessels and vehicles.
(Ord. No. 83-21, § 10, 5-3-83)
Sec. 16-51. Unauthorized structures.
The construction, placing, or continued existence of any structure of any kind
under, upon, in, or over Grapevine Lake or the reservoir area is prohibited without
written permission of the district engineer and the City Manager, a copy of which
written permission shall be provided to the Chief of Police. The design, construction,
placing, existence, or use of structures in violation of the terms of the written permission
therefore is prohibited.
(Ord. No. 83-21, § 11, 5-3-83)
Sec. 16-52. Sanitation.
(a) Garbage, trash, rubbish, litter, or any other waste material or waste liquid
generated at or on Grapevine Lake or the reservoir area and incidental to
authorized recreational activities shall be either removed from Grapevine Lake
and the reservoir area, or deposited in receptacles provided for that purpose. The
improper disposal of such wastes on Grapevine Lake or the reservoir area is
prohibited.
(b) The use of refuse containers or other refuse facilities for dumping or disposal of
household or commercial garbage, trash, rubbish, debris, sewage, dead animals,
or litter of any kind brought onto Grapevine Lake or the reservoir area is
prohibited.
(c) It is a violation to bring onto Grapevine Lake or the reservoir area any material for
the purpose of disposal without written permission of the distFiGt enginee City
Manager.
(Ord. No. 83-21, § 12, 5-3-83)
Sec. 16-53. Written permission.
Written permission of the district engineer, Chief of Police or the City Manager
when required by the provisions of this article, unless specifically stated otherwise by
the terms and provisions of this article, shall be carried by and be in the possession of
the person to whom it was issued and shall be made available for inspection by the
chief of police at all times while at or on Grapevine Lake or the reservoir area.
(Ord. No. 83-21, § 13, 5-3-83)
Sec. 16-54. Glass beverage containers.
(a) Definitions.
(1) Glass beverage container means a container for the holding of a liquid for
drinking purposes, which container is made of glass.
(2) Beach area is defined as all of the area contiguous to Grapevine Lake in
the City of Grapevine, Texas, between 540 feet mean sea level and the
edge of the water of Grapevine Lake.
(b) Possession unlawful,- exceptions.
(1) It shall be unlawful for any person to use or possess any glass beverage
container in the beach area.
(2) The prohibition in section (b)(1) above shall not apply where any such
glass beverage container is used or possessed within the immediate
enclosed confines of any privately owned or operated business nor inside
a motor vehicle.
(c) Posting of notice. The city manager is directed to place prominent signs within
the beach area advising persons of the prohibition contained in this section.
(Ord. No. 80-44, §§ 1-3, 8-19-80)
Editor's note: Ordinance No. 80-44, adopted Aug. 19, 1980, did not specifically
amend this Code; hence, codification of §§ 1-3 of said ordinance as 16-54 is at the
discretion of the editor.
Sec. 16-55. Consumption or possession of open container of alcoholic beverage.
It shall be unlawful for any person to consume an alcoholic beverage or possess
an open container that contains an alcoholic beverage while in the following areas or
within 15 feet of the following areas:
(1) Public roadways located at Grapevine Lake or the reservoir area; and
(2) All parking lots located at Grapevine Lake or the reservoir area; and
(3) All boat ramps at Grapevine Lake.
(Ord. No. 91-06, § 4, 2-5-91)
Sec. 16-56. Aquatic Activities.
(a) All swimming, wading, snorkeling or scuba diving shall be
undertaken at the person's own risk.
(b) Swimming, wading, snorkeling, scuba diving or fishing is not
allowed within 100 feet of boat ramps and public docks or other
areas designated by the City Manager.
(c) An international diver down or inland diving flag must be displayed
during underwater activities.
Sec. 16-57. Recreational Use Fees.
(a) The City of Grapevine will collect fees for the use of boat ramps,
picnic pavilions, park entrance, camping or other activities and/or
facilities yet to be determined.
(b) It shall be unlawful to fail to pay authorized recreation use fees as
established herein, and is punishable as a violation of this ordinance
as set forth herein.
Sec. 16-58. Vehicles.
(a) This section pertains to all vehicles, including but not limited to,
automobiles, trucks, motorcycles, mini -bikes, dune buggies, all -
terrain vehicles, trailers, campers, bicycles or any other such
equipment.
(b) Vehicles shall not be parked in violation of posted restrictions and
regulations, or in such a manner as to obstruct or impede normal or
emergency traffic movement or the parking of other vehicles, create
a safety hazard, or endanger any person, property or environmental
feature. Vehicles so parked are subject to removal and
impoundment at the owner's expense.
(c) The operation and/or parking of a vehicle off authorized roadways is
prohibited. Taking any vehicle through, around or beyond a
restrictive sign, recognizable barricade, fence or traffic control
barrier is prohibited.
(d) Vehicles shall be operated in
State, and local laws, which
enforcement officials.
Sec. 16-59. Special Events.
accordance with applicable Federal,
shall be regulated by authorized
(a) Special events including, but not limited to, fishing tournaments,
music festivals, dramatic presentations, parades, races or other
special recreation events are prohibited unless a permit is obtained
and approved by the City of Grapevine. All areas permitted shall be
restored to the pre -event condition.
(b) The Chief of Police or the City Manager shall have the authority to
revoke the permit and require the removal of any equipment upon
failure to comply with the terms and conditions of the permit.
Secs. 16-60 --16-64. Reserved.
Sec. 16-65. Penalties and enforcement.
Any person, firm or corporation violating any of the terms or provisions of this
chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine in a sum not to exceed $2,000.00 for each offense relating to fire safety,
zoning, or public health and sanitation, including dumping of refuse, nor to exceed
$500.00 for each offense for all other violations, and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues, The
Chief of Police or City Manager shall have the authority to issue citations or to
eject from any park any person in violation of this article.
(Ord. No. 83-21, § 14, 5-3-83; Ord. No. 85-46, § 2(G), 9-17-85; Ord. No. 87-85, § 8, 12-
15-87; Ord. No. 91-06, § 3, 2-5-91)
0 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING CHAPTER 16
PARKS AND RECREATION, ARTICLE III, GRAPEVINE
LAKE AND RESERVOIR AREA RELATIVE TO
MANAGEMENT OF THE U.S. CORPS OF ENGINEER'S
PROPERTY; PROVIDING A CLAUSE RELATING TO
SEVERABILITY; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article III, Section 16-42 Definitions be amended by the addition of a new
subsection 16-42 (c) to read as follows and the remaining subsections 16-42 (c) be
renumbered to 16-42 (d) through 16-42 (g):
"(c) City Manager shall mean the City Manager for the City of Grapevine, or
his/her designated representative."
Section 2. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article III, in all sections with the exception of Section 16-44 Watercraft,
Section 16-51 Unauthorized Structures and Section 16-53 Written Permission that
"district engineer" be replaced with "City Manager" as the authorized agent.
Section 3. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article III, Section 16-45 Camping be amended by amending subsection 16-
45 (b) to read as follows:
"(b) Camping at one or more campsites at the reservoir area for a period
longer than 42 consecutive days from April 1st through September 30th and for
120 days from October 1st through March 30th is prohibited."
Section 4. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article III, Section 16-48 Explosives, firearms, other weapons, and
fireworks be amended by amending subsection 16-48 (a) to read as follows:
"(a) The possession of loaded firearms, ammunition, loaded projectile firing
devices, bows and arrows, crossbows, dangerous weapons defined and
listed in Section 46.01 of the Texas Penal Code, and explosives of any
kind is prohibited unless (1) In the possession of a state or local law
enforcement officer on official business; or (2) In the possession of a
federal government employee with law enforcement authority and on
official business as approved by the Chief of Police; or (3) Written
permission has been received from the Chief of Police."
Section 5. That the Grapevine Code of Ordinances, Chapter 16 Parks &
Recreation, Article III, be amended by the addition of Section 16-56 entitled "Aquatic
Activities" to read as follows:
"Sec. 16-56 Aquatic Activities
(a) All swimming, wading, snorkeling or scuba diving shall be undertaken at
the person's own risk.
(b) Swimming, wading, snorkeling, scuba diving or fishing is not allowed
within 100 feet of boat ramps and public docks or other areas designated
by the City Manager,
(c) An international diver down or inland diving flag must be displayed during
underwater activities."
Section 6. That the Grapevine Code of Ordinances, Chapter 16 Parks and
Recreation, Article III, be amended by the addition of Section 16-57 entitled
"Recreational Use Fees" to read as follows:
"Sec 16-57 Recreational Use Fees
(a) The City of Grapevine will collect fees for the use of boat ramps, picnic
pavilions, park entrance, camping or other activities and/or facilities yet to
be determined.
(b) It shall be unlawful to fail to pay authorized recreation use fees as
established herein, and is punishable as a violation of this ordinance as
set forth herein."
Section 7. That the Grapevine Code of Ordinances, Chapter 16 Parks &
Recreation, Article 111, be amended by the addition of Section 16-58 entitled "Vehicles"
to read as follows:
"Sec 16-58 Vehicles
(a) This section pertains to all vehicles, including but not limited to,
automobiles, trucks, motorcycles, mini -bikes, dune buggies, all -terrain
vehicles, trailers, campers, bicycles or any other such equipment,
ORD. NO. 2
Tl
(b) Vehicles shall not be parked in violation of posted restrictions and
regulations, or in such a manner as to obstruct or impede normal or
emergency traffic movement or the parking of other vehicles, create a
safety hazard, or endanger any person, property or environmental feature.
Vehicles so parked are subject to removal and impoundment at the
owner's expense.
(c) The operation and/or parking of a vehicle off authorized roadways is
prohibited. Taking any vehicle through, around or beyond a restrictive
sign, recognizable barricade, fence or traffic control barrier is prohibited.
(d) Vehicles shall be operated in accordance with applicable Federal, State,
and local laws, which shall be regulated by authorized enforcement
officials."
Section 8. That the Grapevine Code of Ordinances, Chapter 16 Parks
Recreation, Article III, be amended by the addition of Section 16-59 entitled "Special
Events" to read as follows:
"Sec 16-59 Special Events
(a) Special events including, but not limited to, fishing tournaments, music
festivals, dramatic presentations, parades, races or other special
recreation events are prohibited unless a permit is obtained and approved
by the City of Grapevine. All areas permitted shall be restored to the pre -
event condition.
(b) The Chief of Police and/or the City Manager shall have the authority to
revoke the permit and require the removal of any equipment upon failure
to comply with the terms and conditions of the permit."
Section 9. That the Grapevine Code of Ordinances, Chapter 16 Parks &
Recreation, Article 111, Section 16-65 Penalties and enforcement be amended by the
addition of the following sentence:
"The Chief of Police and/or the City Manager shall have the authority to enforce
the provisions of this article and shall have the authority to issue citations or to
eject from any park any person in violation of this article."
Section 10. 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 ($2,000.00) for each offense and a separate offence shall be
deemed committed each day during or on which an offense occurs or continues.
ORD. NO. 3
Section 11. 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 12. 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 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 18th of March, 2003.
ATTEST:
""• Z! 1061VT 4 by, M a I rel I
ORD. NO. 4
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGERA/
MEETING DATE: MARCH 18, 2003
SUBJECT: CONSIDER AWARD OF A REVENUE GENERATING
FEASIBILITY STUDY PROPOSAL FOR CITY -LEASED CORPS
OF ENGINEERS PROPERTY TO CARTER & BURGESS, INC.
RECOMMENDATION:
The City Council Sub -Committee and staff recommend the City Council consider
approval of a revenue generating feasibility study for City -leased Corps of Engineers
property at Lake Grapevine to Carter & Burgess, Inc. in the amount of $36,920. The
contract is attached for Council review.
FUNDING SOURCE:
Task
Amount
Percent
Site Analysis
$5,490
15%
Market Analysis
12,640
34%
Concept Development
8,720
24%
Feasibility Analysis
8,970
24%
Miscellaneous Expenses
1,100
3%
TOTAL
$36,920
100%
Funds for the feasibility study are available in account 100-44540-312-9.
BACKGROUND:
Staff sent requests for proposals to four consulting firms in December of 2002 for a
revenue generating feasibility study of the City -leased Corps of Engineers property at
Lake Grapevine. All four firms submitted proposals and staff interviewed three of the
firms in late January. Once the top firm was selected, staff scheduled an interview with
the Council Sub -Committee which was held on February 25th. The study is intended to
identify areas and possible amenities on the Corps property that can generate revenue
to the City for operations and maintenance of the property as well as support capital
projects on the property.
March 11, 2003 (4:41 PM)
For this project, Carter & Burgess, Inc. is teaming with Leon Younger & PROS. PROS is
nationally and internationally recognized management consulting firm that focuses on
revenue generating parks and recreation projects.
Officials from Carter & Burgess, Inc. indicate that the study can be completed within a
period of five months. Once the study is complete, the City will have a blueprint that will
help us identify what amenities we want to pursue to not only enhance the quality of life
for citizens of Grapevine but to also be able to generate the needed revenue for
operations and maintenance of the Corps property.
0_0
March 12, 2003 (10:15AM)
City of Grapevine
Feasibility Study for City -Leased Parkland on Lake Grapevine
Scope of Services
Project Approach
Project Understanding
The City of Grapevine currently has a lease with the Corps of Engineers for 800 acres of
property along the shoreline of Grapevine Lake. The City wishes to evaluate the
feasibility of developing land use, programming, and facility types that would generate
revenue to support and offset capital improvements, maintenance and operational costs.
Carter & Burgess understands that the City has a 6 -month lease option on this Corps of
Engineers property, which expires in March, with the potential for another 6 -month
option. It is also understood that the long-term lease would be for 25 years. While there
is some activity on the property that generates marginal revenue and previous master
plans showing recreation opportunities, a clear vision and quantifiable justification does
not exist to support effective fiscal decision-making on the future of the property.
There is numerous revenue generating options for this property. These include a
collection of active and passive recreation facilities that provide a desirable level of
service for which effective pricing can support operations, as well as commercial and
retail operations which are consistent with surrounding activities.
Project Approach
The Carter & Burgess team will perform the following tasks and approach to develop a
feasibility study for the 800 acres of leased parkland along the shores of Grapevine
Lake. These tasks include:
1) Site Analysis
a)
Data collection and review: The Carter & Burgess team will collect available
mapping from City and Corps of Engineers in electronic format, as well as related
reports and studies for the site. These include but are not limited to the
Grapevine Lake Master Plan, 1989, and the Meadowmere Park Master Plan,
1998.
b)
Perform on-site review: The team will perform on-site review with City officials to
evaluate development potential.
c)
Site analysis: The team will prepare a site analysis including development of an
exhibit depicting surrounding land use, access issues, utilities, developable
areas, and site strengths and weaknesses.
2) Market Analysis
a)
Preliminary Market Analysis: The team will perform preliminary research of the
recreational market within the City of Grapevine and regionally to document fee
based recreational activities for comparable sites. This documentation will
include a description of the activity, fees charged, operational characteristics, and
other available information. A summary of findings will be prepared.
b)
Trends Analysis: The team will document trends in outdoor adventure and
recreation directly related to revenue generating potential.
c)
Expert Interviews: Interviews will be conducted with individuals as identified with
the City to evaluate existing ideas and concepts and test preliminary findings
from the market analysis. The Carter & Burgess team will hold up to five
meetings.
d)
Demographic Analysis: The team will document general demographic information
to quantify potential target market.
Carter & Burgess, Inc.
March 6, 2003
City of Grapevine
Feasibility Study for City -Leased Parkland on Lake Grapevine
Scope of Services
e) Market Analysis Workshop: The team will present market analysis findings and
demographic information in a half-day workshop with the City to narrow the focus
of potential activity to be evaluated at the site. This workshop will be
documented and used during the Concept Development task.
3) Concept Development
a) Conceptual Site Layout: The team will develop a conceptual site layout
illustrating general location of activities as defined in the market analysis.
b) Capital Cost Estimate: The team will develop budgetary level capital cost
estimate for improvements based on conceptual site layout.
c) Operational Cost Estimate: Budgetary level operational cost estimates for
activities based on market analysis and conceptual site layout will be prepared
and used in the final feasibility analysis.
d) Concept Development Presentation: The team will present the concept to the
City in a workshop setting to gather input for the concept plan. Revisions will be
made for the final concept plan.
4) Feasibility Analysis
a) Development Plan: The team will prepare a conceptual development plan
including conceptual operational plan and potential partnering and
financing/funding opportunities.
b) Pro -forma Development: A five-year pro -forma (financial plan) will be developed
that will focus on potential revenues and expenses based on
development/operational assumptions. This will include a cost -benefit analysis to
compare costs to operational and other identified monetary benefits.
c) Neighborhood Focus Group: The Carter & Burgess team will conduct a focus
group of neighborhood representatives to test the willingness of the
neighborhoods to support certain types of development. Carter & Burgess will
hold up to three (3) separate focus groups,
d) Preliminary Report: The preliminary report will be presented to the city to gain
input and consensus for the final report.
e) Final Report and Presentation: The team will prepare the final report and make a
presentation to City. Carter & Burgess will provide 20 copies of the report and 2
copies of large exhibit.
Schedule
Carter & Burgess proposes to complete this project by the middle of August.
ILYA ROOM lrfflffi��
115011040*1111 - I
Feasibility Analysis
Fee Estimate
Carter & Burgess, Inc. will perform the above scope for a fixed fee amount of $36,920.
Additional services requested by the city outside of this scope will be performed on an
hourly basis for an agreed amount.
Carter & Burgess, Inc. 2
March 6, 2003