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2017.02.01 Parks Packet
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2017.02.01 Parks Packet
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Commissions
Meeting Date
2/1/2017
Document Type
Agenda/Packets
Commission Name
Parks
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- 2 - <br />Goodview Avenue Property <br />September 19, 2016 <br />Currently, Hugo Public Works maintains the property including mowing, grading, tree <br />trimming, trash removal, and shrub removal. The property was not expanded with future <br />development and dedications. The property is surrounded by residential properties. The <br />property is accessed off of Goodview Avenue only, which does not provide vehicle <br />parking. Safe pedestrian access to the park from the adjacent residential neighborhood <br />does not exist. For these reasons, the property is undesirable for construction of a park. <br />The perimeter of the property is made of mature trees. The trees along Goodview Avenue <br />have been trimmed to allow for better sight lines. The Public Conduct in Parks ordinance <br />is applicable to the property: fires are prohibited and motorized vehicles are prohibited. <br />Parking is not available on site or on adjacent streets, which limits access, and use. <br />At the meeting of January 1, 2015, the Parks, Recreation and Open Space heard concerns <br />regarding the use of motorized vehicles, litter, hours of use and safety of those using the <br />property with the Commission. The Parks Commission directed staff to post that the hours <br />of use of the property to be 9:00 am to dusk. Therefore, the property would only be allowed <br />to be used during daylight hours. Maintenance issues were also discussed and addressed. <br />Staff has been in contact with the adjacent property owners, James and Anne Manke of <br />13514 Goodview Avenue North since then and they requested that further action be taken. <br />3. PROPERTY OWNERSHIP RESTRICTIONS: <br />The Hugo Meadows Plat states “dedicate to the public for public use forever… the park”. <br />As typical with other park dedications, the City does not acquire standard ownership of the <br />park and there are statutory restrictions on what can be done with it. The general rule <br />regarding dedications of land for park purposes is that the city holds the property in trust <br />for the public and has no power to divert the land from the uses and purposes of the original <br />dedication. The City acquired the right to maintain the property and make it available to <br />the public. <br />4. PROPERTY OPTIONS <br />Because the City of Hugo holds the land in trust and does not outright own the property, it <br />limits the City’s options for the property. The options are as follows: <br />Continue with the property as is: <br />The property would continue to be available for public use. The City would continue to <br />maintain the property as it is now. The bicycle track would remain as would the mature <br />trees. The Sheriff’s Department would continue to monitor use of the property. <br />Acquire all rights, then sell to private owner: <br />The property would become private property and no longer be available for public use. <br />The City could search for the original property owners and ask them to eliminate their <br />interest in the property. The City would then own the land outright and have the ability to
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