Parkland Dedication Ordinance

[Sheri Gallo]

Good Afternoon Fellow Council Members,

Lately there has been a lot of conversation in the community about my involvement in the collaborative process that resulted in the Parks and Recreation Department (PARD) recommendation of amendments to the Parkland Dedication Ordinance. Since some of the information being discussed in the community is incorrect, I asked PARD Director Sara Hensley to help clarify the actual process that occurred. In addition, at the bottom of this message board post I have included statements that have been sent to my office from some of the stakeholders, Ted Siff (Board President of the Shoal Creek Conservancy) and Eric Goff (representing AURA), and further comments from PARD Director Hensley. I hope these statements and the PARD responses below will help provide clarification so that the community’s conversation will be based on facts.

Question 1: What started the stakeholder process after the Parkland Dedication Ordinance was passed on 1st reading by Council?

PARD Response: “At the November 12, 2015 Council Meeting, the Mayor and Council directed staff to address a couple of the Council's concerns: A balance between affordable housing and parkland dedication and an appeals process. Between the November 12, 2015 meeting and the December 17, 2015 Council meeting, the GAP ( Greater Austin Parks) contacted and met with PARD saying that they had been meeting with the development community to help bridge some contested items in the proposed ordinance that was passed on first reading. Staff later met with the development group to better understand the concerns first hand. The December meetings were not meant to be a comprehensive stakeholders process rather they were focused on bridging the gap on a few contested items.”

Question 2: When was the “stakeholder” group established?

PARD Response: “There were no specific stakeholder groups established.”

Question 3: Who determined who would be included in the “stakeholder” group?

PARD Response: “The stakeholders contacted the Parks and Recreation Department to discuss their concerns.”

Question 4: Was CM Gallo’s office involved in any of those discussions regarding who would be included in the “stakeholder” group?

PARD Response: “No, C.M. Gallo’s Office was not involved in organizing any stakeholder invitees that we are aware of.”

Question 5: What people/organizations were represented on the “stakeholder” group?

PARD Response: “Although there was not a formal stakeholder process, below are the people that contacted PARD and met with staff in at least 5 meetings between November 2015 and January 2016.”

Park Stakeholders Meeting (GAP Group Meeting):
Colin Wallis, Austin Parks Foundation
Lynn Osgood, Former City of Austin (COA) Parks and Recreation Board Member
Jill Nokes, Pease Park Conservancy
Ted Eubanks, Shoal Creek Conservancy
Joanna Wolaver, Shoal Creek Conservancy
Andrew Gill, Shoal Creek Conservancy
George Cofer, Hill Country Conservancy
Ted Siff, Shoal Creek Conservancy
Maryann Neely, Former COA Environmental Board Member
Hill Able, Former City of Austin (COA) Parks and Recreation Board Member
Mellissa Barry, Downtown Austin Alliance
Thais Perkins, Austin Tree Folks
Sammie Joseph, West Austin Youth Association
Mike Cannatti, Property Attorney
Heidi Cohn, Hill Country Conservancy
Jack Nokes, Pease Park Conservancy
Peter Mulan, Waller Creek Conservancy
Susan Rankin, The Trail Foundation
Richard Craig, Pease Park Conservancy
Lady Anne Wofford, Austin Parks Foundation
Alison Alter, COA Parks Board Member, Friends of Ramsey Park
Rich DePalma, COA Parks Board Member

Industry Stakeholders Meeting:
Tom Terkel, Austin Developer
Paul Cauduro, Austin Apartment Association
Julie Fitch, Downtown Austin Alliance
Eric Goff, AURA
Jeff Howard, Attorney- McLean-Howard Law
Geoffrey Tahuahua, Home Builders Association (HBA) of Greater Austin
Ron Thrower, Thrower Design
Ward Tisdale, Real Estate Council of Austin
Stuart Hersh, Hersh Affordable Housing Consultant
John Burnham, Argyle Residential

Question 6: When was the first “stakeholder” meeting?

PARD Response: “The GAP group meeting was held on December 2, 2015.”

Question 7: When was CM Gallo’s office first involved?

PARD Response: “PARD scheduled a meeting with the development community representatives to discuss the issues that were brought to us from the GAP group. The meeting was held on December 8, 2015 and Council Member Gallo attended the meeting but not at the request of PARD.”

Question 8: Who drafted the Amendment presented to the Council in December?

PARD Response: “There were no amendments posted by staff in the Council back-up for the December 17, 2015. However, items were being discussed. The Council postponed the item due to the Draft Amendments not being completed.”

Question 9: Was this Amendment PARD’s recommendation to Council?

PARD Response: “The amendments brought forward on January 28, 2016 were PARD’s recommendations.”

Question 10: Who determined the boundaries for the Parkland Dedication Urban Core?

PARD Response: “Staff used the Urban Core Map adopted by Council Resolution #2009-1119-068 (Exhibit A). This map was developed as part of the ‘Families and Children Task Force.’”

Additional PARD Response: “The map that was discussed and now part of the Parkland Dedication Ordinance stems from the 2012 Council Resolution that referenced the Urban Core as boundaries that would define a goal of providing a park within ¼ mile within those boundaries, (called the urban core) from residential areas, and a distance no further than a ½ mile outside the urban core. The urban core was a map, as defined by the 2012 Resolution, as the area where the 15% cap would be placed as a compromise instead of placing that cap on the entire city of Austin. If the Parks Department desires more than 15 % of land within the urban core, PARD has the opportunity to present its case before the Parks and Recreation Board and the Land Use Commission which cannot be appealed to the City Council. A resolution would have to occur at District Court.”

Question 11: How were the Parkland Dedication Urban Core boundaries determined?

PARD Response: “Staff used the Urban Core Map from the Council Resolution #2009-1119-068 (Exhibit A).”

Question 12: Was there ever any request to PARD from Austin Neighborhoods Council to be involved with the “stakeholder” process?

PARD Response: “ANC did not contact us regarding Parkland Dedication Code Amendment between November 2015 and January 2016.”

Question 13: Was there ever any request to PARD from any Neighborhood Associations to be involved with the “stakeholder” process?

PARD Response: “There were no requests to PARD from any neighborhood associations.”

Question 14: Why did the discussion of the Ordinance not occur at the December meeting?

PARD Response: “On December 17, 2015, the Council postponed the PLD Code Amendment due to back-up not being complete. It was postponed to January 28, 2016.”

Question 15: What “stakeholder” meetings occurred with PARD between the December meeting and the Jan 28th Council meeting?

PARD Response: “A meeting was held on January 20, 2016 with development representatives and GAP representatives to review and discuss staff’s proposed amendments.”

AURA, a local grassroots organization, reached out to PARD to provide their perspective on the proposed ordinance. Eric Goff, who represented AURA in the meetings with PARD, said, “AURA met with parks advocates, real estate community members, Evolve Austin, and PARD staff as we all worked together on a compromise that everyone could live with. Beginning with a meeting at the parks foundation, we laid out the groundwork for a compromise, then brought it to PARD, who then told us what they liked - and what they didn't. The final compromise significantly raised fees, reduced the likelihood of a conflict between providing housing and providing parks, and was a great example of how Council can guide community members willing to work together toward a compromise that they can all accept."

The Shoal Creek Conservancy also voiced to PARD a desire to participate in the meetings. The conservancy’s Board President Ted Siff said, “When it was passed on 1st reading in November these organizations [referring to park advocacy organizations] offered to assist the Parks Department’s staff in responding to the various Council requests as well the large number of concerns various stakeholders had expressed.”
“Each of these meeting were open to anyone who expressed an interest in attending,” Siff said. “In addition, parks advocates and real estate reps met together in early January to compare positions and attempt to work out differences. No one who expressed an interest in participating was excluded from this meeting. In summary, the process used by staff to get general public and stakeholder input on the PLD amendment involved more outreach than I’ve experienced. Other than the staff outreach being more robust, the public involvement in the PLD amendment was no different than the public involvement on other city issues I’ve observed.”

“At the end of the day, PARD staff are so grateful the ordinance passed,” said PARD Director Hensley. “PARD believes the new ordinance is stronger and far superior to the current ordinance. Over the next year, Staff will be monitoring the new ordinance and report issues to Council within 6 months and one year.”

The level of dedication and hard work I have seen from Director Sara Hensley and our City staff through this collaboration process has been extraordinary and worthy of recognition. I would also like to thank all of the stakeholders who worked together with our Parks Department to find a common proposal that will benefit our city parks and help develop a park system Austin deserves. I am thrilled that all of these community leaders and the Parks Department worked together to increase parkland and parkland funding in our community.