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HomeMy WebLinkAboutParks And Recreation Board - Minutes - 03/26/2003ill Minutes: March 26, 2003 Call Meeting to Order: President Paul Van Valkenburg called the meeting to order at 5:35 p.m. Agenda Review: Item 96 has been moved to the May 28, 2003 meeting. Mr. Smith double booked himself and apologizes to the Board. He will present the Stormwater Master Plan to the Board at their May meeting. Item 96 will be replaced with City Council Policy Agenda for 2003-2005. Approval of Minutes: On a motion by Mike Gavin, seconded by Mary Carlson, the Board unanimously (8-0) voted to approve the minutes of the February 26, 2003 Regular Meeting. Citizen Participation: No citizen participation Fossil Creek Trail at Paragon Point Paul Van Valkenburg announced that the Board has legal matters to discuss with the City Attorney regarding the Fossil Creek Trail at Paragon Point. On a motion by Lance Freeman, seconded by Jessica MacMillan the Board unanimously (8-0) voted to adjourn to executive session in accordance with City Code Section 2-71(b) and Section 2-31(2). The Board adjourned to Executive Session at 5:55 p.m. At 6:50 p.m. the Board, on a motion by Mike Gavin, seconded by Ann Hunt, the Board voted unanimously (8-0) to convene to the Regular Board meeting. Joel Lamer, Paragon Point Homeowners Association, spoke to the Board. He poled the association asking if they knew the trail was going to be constructed through the development and out of 230 homeowners, 18 responded stating they did not know that Parks and Recreation Boardties March 26, 2003 Page 2 the trail was going to be a public trail and two responded they knew about the public trail. Some of the original homeowners knew when they talked to Byron Collins, the developer. Therefore, Joel feels that only a few people knew that the trail would be a public trail. Joel then referred to the memo from Deputy City Manager Diane Jones to City Council dated November 26, 2002, stating that the original trail would cost the City $133,000 to continue in its existing location. It would cost $146,000 to realign the trail to parallel Lemay and Trilby. He estimates maintenance of the trail to date has cost the HOA $33,000. He thinks that the new trail standards are examples that Craig gave at last month's meeting and shouldn't apply to the Fossil Creek Trail through the Paragon neighborhood as the trail already exists. Craig said our standards are maximum of 50 feet and a minimum of 20 feet easement. Joel is concerned about the impact on the neighborhood. His estimate of liabilities to private properties is excessive. Jessica MacMillan said that is speculative. His goal is to come to resolution with this. Joel's impression when they met with the City Manager's team was that they looked at it in depth. Craig Foreman illustrated the following information in his presentation. Final Background Information: • The City's legal right to the current trail location is an area of disagreement. • Separation needs to be made of the underpass and trail right-of-way on Lemay Avenue north of the private park from the disagreed trail. This would allow the City to complete the Lemay trail work with the road work. • The remaining undeveloped lots in Paragon Point will have an informational note, through Building Permit Department, on these lots at the time building permits are pulled informing the purchaser about the public trail. • Lemay Avenue alternate routes: the trail routes along Lemay Avenue lengthen the impacts of the roadway on the trail users experience and require additional street crossings. Route along the west side of Lemay could offer more of a setback and would require trail users to cross a collector and arterial streets. This would require additional right-of-way and impacts on a new group of landowners. • The developer, Byron Collins, has verified that his intent was and remains to have granted an easement for the trail as shown on the Overall Development Plan. • The trail near the pond and backyards are no closer than Spring Creek Trail at Hill Pond. Note: Craig showed example of Spring Creek trail and its proximity to homeowners. He also showed slides of Water Valley development in Windsor and the close proximity of the trail to the houses. He visited with the Windsor Parks and Recreation staff and they told him that the public should stay on trail and there is no signage. This is an example of how it works. Parks and Recreation Bos 4inutes March 26, 2003 Page 3 Jessica said that the alternative trail (along Lemay) would be similar to the slide taken in Windsor where the trail is on the sidewalk on a collector street. • Fence heights along the trail • Paragon Point has a 30" maximum fence height. The concern of dogs going from trail to backyard and dogs going from backyard to public or private trail. • City ownership could allow us to install higher fences. • We could obtain three-foot horizontal distance from the edge of the trail to any fence line. This three-foot distance is presently missing in a 100-foot section of trail along three backyards. • The bridge realignment section is not for safety reasons, but allows more buffer for the homeowners and the trail users. Note: Craig then showed slides and explained where we could move the trail three feet behind three houses. He then showed where we could move the bridge and it would then work well for both homeowners and trail users. Staffs position • Planned trail location is required by the Paragon Point ODP as approved by the City • Trail has been open to the public since its construction • The community response to alternate routes along Lemay reinforces the need to use the planned route for trail user enjoyment and safety. • The City will reimburse the HOA for previous maintenance costs on the trail area. • Placing the trail on sidewalks is a detrimental solution in this case and may lead to more attempts at this solution on other trail segments. • Adjust the trail in one location to provide a three-foot separation from backyard fences. Install higher fences along the trail where possible. • Historical records for the trail indicate liability is not a problem for adjacent property owners. • For the previous reasons, Park Planning and Development staffs position is that the Fossil Creek Trail remain as shown on the Paragon Point Overall Development Plan. Paul asked if there are any further comments from the Paragon Point neighborhood? Joel asked how would horses travel through the neighborhood? Craig said that we could say no horses in this section and that is something staff could work out. Gary Berger said that the trails skirt the properties and if citizens are using the Paragon open space how can we mitigate this? Craig said that it has been open to the public since 1995 and there haven't been any incidents. He said that we have trail rangers and history of the trails is that we don't have problems with people going off trail and citizens use it sensibly. Gary said that the homeowners feel that the 75-acre open space will probably be used by citizens on the trail and therefore the City should purchase that property. Craig asked if they would be willing to sell it, and Gary said yes. Jessica said then there Parks and Recreation Board P ites March 26, 2003 Page 4 would be even more traffic through this neighborhood. Joel said that is something we would have to discuss with the homeowners. Jessica referred to the two sections of trail that have to be mitigated and asked how much would it cost? Craig said total $30,000, including the new bridge. Extending the trail to Trilby is $10,000. For the City to fix the trail and extend it to Trilby is a total cost of $40,000. Linda Berger, President of the Paragon Point HOA, feels that this is a section of the regional trail and how would we stop the horses from going through the Paragon Point neighborhood. Craig said that this could be mitigated. Paul Van Valkenburg said we have heard from the neighbors and from staff and now we need to discuss as a Board. Lance Freeman said that the whole economic view has nothing to do with this trail. The basic question is what is best for the Parks and Recreation trail system. Is this the best location for the trail or should we move it. The cost factor is insignificant. Mike Gavin said he agrees with Lance. Mike said he looks at the intent and the health and safety of the users. He further stated that the City has an attorney who interprets the legal standpoint. Jessica MacMillan agrees with both comments from Lance and Mike. She thinks that constructing the trail on Lemay isn't any less attractive or usable on Lemay; the horse trail through Paragon is not feasible; and City Code prohibits having a horse on the sidewalk on Lemay. She doesn't think the ill will is worth the argument. Mary Carlson agrees with Jessica. Lance asked what is the distance from Lemay to Trilby. Craig replied that it is 1,200 feet. Ann agrees with Mike and Lance and said that the Board's original recommendation (January 2003) stands and the legal issue is not our concern. She further stated that we have to think about the original intent of the trail and taking it off street is the safest route. Greg Miller said as the newest Board Member he agrees with Lance's statement, however, he thinks the best route is behind the homes south of the golf course. Lance's concluding statement is that we are intended to make recommendations for the best alignment of the trail. Issues should be mitigated by City Council. The best site for the trail is through Paragon Point and if City Council wants to mitigate with the neighbors then that is their job. Mike Gavin said his representation on this Board is to make recommendations based on what is best for the entire community. Mike Gavin made a motion to advise Council to accept staffs recommendation to continue the trail in its existing location through the Paragon Point Neighborhood, and we should do our best to mitigate with the neighbors by moving the bridge, berming, and landscaping, seconded by Lance Freeman. Mike further said he trusts staffs judgment and recommendation. Paul Van Valkenburg said that we should address the dollar figure and is it worth the extra money to have the trail in the best location. Mike Gavin said that the trial location off street is worth the extra $60,000 and that is a decision that he hopes that the City Manager would realize as the safest route for trail users. Craig said once we create a trail, it will always stay there. Lance said the financial aspect should be staffs decision. Ann Hunt said that if it costs a few more dollars this year, it won't matter in future years and the most important aspect is the safety of the users. Greg Miller still feels that the route south of the golf course is the best route. The Board voted 6-2 to recommend that the trail continue through the Paragon neighborhood in its present Parks and Recreation Boa linutes March 26, 2003 Page 5 location. Paul Van Valkenburg, Greg Miller, Ann Hunt, Lance Freeman, Mike Gavin, and Dean Hoag voted yes and Jessica MacMillan and Mary Carlson voted no. Note: Marty Heffernan joined the Board after the Fossil Creek Trail/Paragon Point discussion. City Council Polic Agenda for 2003-2005 Paul reviewed the Parks and Recreation work plan and asked that the Board make recommendations to City Manager for the Council's policy agenda for 2003-2005. The following is a list of recommendations that the Board will forward to John Fischbach. • Update Parks and Recreation Policy Plan (2005) • Parks maintenance. The fee would be a substitute to General Fund funding. • Develop a Budget Policy that would provide O&M funding for projects that have been approved by the voters. • Building Community Choices sunsets in 2005. The Council needs to develop a funding strategy for capital projects. Editorials in the Coloradoan are stating that the remainder of the one -quarter cent sales tax should be used to fund Transportation. We need to find a funding mechanism for other capital projects. • Set up guidelines that maximize the recreational use of open lands while protecting the natural resources. 2004/2005 Budget Input to City Manager John Fischbach Unfreeze positions as follows: • Forestry tech • Cemetery tech • Park Technician (2) • Horticulture technician (2) • Parks and Recreation Director Snow storm clean up from the Forestry Division will be approximately $250,000 Operation and Maintenance funding for Parks 2004 $56,500 (ongoing) $39,500 (one-time) 2005 $55,500 (ongoing) $39,500 (one-time) Therapeutic Recreation Coordinator Position YAC gym funding from City $100,000 Gateway second phase $750,000 Parks and Recreation Board D" ites March 26, 2003 Page 6 Kayak course downtown near the Power Plant Northside Aztlan Community Center —site mitigation Snow Storm Damage of March 2003 Marty Heffernan gave the Board an overview of the storm damage. The Forestry Division is estimating the cost to address storm damage at $250,000. We were fortunate that we came through well with our Parks and Recreation facilities. Our Parks and Forestry Division staff worked very hard on the clean up. Mary Carlson said the Council needs to recognize those employees who went over and above. Other Business • Drought: Marty reported that the snow pack is at 109% of average. Board Members and Staff Comments/Reports Staff distributed a letter written by President Paul Van Valkenburg to Council regarding the Board's recommendation on the Natural Area Policy Plan Jackie Rael asked the Board to mark their calendars for April 17 from 5:00 to 6:30 p.m. for the second sheet of ice grand opening at EPIC. Jackie also distributed invitations to the Collindale Clubhouse grand opening at 5:30 p.m. on March 28. Adjournment: The Board unanimously agreed to adjourn at 9:00 p.m. ;tfully so mitte , Rael Rael Administrative Assistant Meeting Attendance Board Members: Mary Carlson, Lance Freeman, Mike Gavin, Dean Hoag, Ann Hunt, Jessica MacMillan, Greg Miller, and Paul Van Valkenburg Staff. Ingrid Decker, Craig Foreman, Marty Heffernan, Jackie Rael, and Steve Roy Guests: Joel Larner and Gary Berger and Linda Berger, Paragon Point HOA CSU Students: Gregor Dekleva, Tony Cappa, John Hallenbeck, Jim Schmidt, Stew Swan, Charles Marshall, Dustin Sandoval, Claire Portwood, Christina Manzi, and Megan Lonsdale