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City attorney outlines parks-and-rec consolidation, deed restrictions and parkland-fee administration
Summary
City Attorney Amanda Stanley reviewed the 2001 transfer of city park properties to Shawnee County parks, deed restrictions requiring parks-only use, two subsequent contract amendments, and the county’s current responsibilities for maintenance and parkland-fee administration.
City Attorney Amanda Stanley presented a historical review of the 2001 consolidation of the Topeka Parks and Recreation Department with Shawnee County Parks and Recreation at the March 11 governing-body meeting.
Stanley said the joint authority and consolidation process dated back to studies in the 1990s and culminated with a city-county resolution to consolidate park operations effective in 2012. As part of that arrangement, city park property conveyed to the county is subject to deed restrictions requiring property to be used for parks and recreation; many deeds include a reversionary clause returning the property to the city if the county ceases to use it for park or recreation purposes or seeks to sell the land.
She called special attention to Gage Park, where original deed restrictions from the Gage family require careful compliance to keep the property in the city’s ownership and to maintain zoo-related uses.
Stanley explained the two amendments to the consolidation contract: an early amendment that expanded the Parks and Rec Advisory Board from seven to 15 members and changed appointment mechanisms, and a later amendment addressing transferred union employees and labor negotiations to secure an orderly personnel transition. She said the county assumed responsibility for maintenance of the conveyed park properties and for administration of parkland-development fees, which are collected at permit issuance and transferred to the county. The city retains ordinance-enforcement authority on former city park areas and must maintain the law-enforcement level effective at transfer.
On parkland-development fees, Stanley said the amounts vary by subdivision type and area in the city; fees collected with new residential permits are transferred to Shawnee County for administration. She said staff can request more detail from the county on how parkland-fee revenues have been used.
Stanley offered to answer council questions and said staff can return with more granular information if requested.
