2016.09.19 CC Packet - Laserfiche WebLink

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Currently, Hugo Public Works maintains the property including mowing, grading, tree trimming, trash removal, and shrub removal. The property was not expanded with future development and dedications. The property is surrounded by residential properties. The property is accessed off of Goodview Avenue only, which does not provide vehicle parking. Safe pedestrian access to the park from the adjacent residential neighborhood does not exist. For these reasons, the property is undesirable for construction of a park. The perimeter of the property is made of mature trees. The trees along Goodview Avenue have been trimmed to allow for better sight lines. The Public Conduct in Parks ordinance is applicable to the property: fires are prohibited and motorized vehicles are prohibited. Parking is not available on site or on adjacent streets, which limits access, and use. At the meeting of January 1, 2015, the Parks, Recreation and Open Space heard concerns regarding the use of motorized vehicles, litter, hours of use and safety of those using the property with the Commission. The Parks Commission directed staff to post that the hours of use of the property to be 9:00 am to dusk. Therefore, the property would only be allowed to be used during daylight hours. Maintenance issues were also discussed and addressed. Staff has been in contact with the adjacent property owners, James and Anne Manke of 13514 Goodview Avenue North since then and they requested that further action be taken. 3. PROPERTY OWNERSHIP RESTRICTIONS: The Hugo Meadows Plat states "dedicate to the public for public use forever... the park". As typical with other park dedications, the City does not acquire standard ownership of the park and there are statutory restrictions on what can be done with it. The general rule regarding dedications of land for park purposes is that the city holds the property in trust for the public and has no power to divert the land from the uses and purposes of the original dedication. The City acquired the right to maintain the property and make it available to the public. 4. PROPERTY OPTIONS Because the City of Hugo holds the land in trust and does not outright own the property, it limits the City's options for the property. The options are as follows: Continue with the property as is: The property would continue to be available for public use. The City would continue to maintain the property as it is now. The bicycle track would remain as would the mature trees. The Sheriff's Department would continue to monitor use of the property. Acquire all rights, then sell to private owner: The property would become private property and no longer be available for public use. The City could search for the original property owners and ask them to eliminate their interest in the property. The City would then own the land outright and have the ability to -2- Goodview Avenue Property September 19, 2016