HomeMy WebLinkAbout2017.06.05 (2)City-Owned Property on Goodview Avenue City Council June 5, 2017
1
The Parks, Recreation, and Open Space Commission has been addressing resident concerns and discussing options for the city-owned property on Goodview Avenue. Youth have built pedal
bike jumps at the property. There have been complaints about undesirable behavior at the property and Washington County Sherriff’s Office has been involved.
The 2.34 acre property
is located off of Goodview Avenue. South of Egg Lake Road.
The property is accessed off of Goodview Avenue only and does not have onsite vehicle parking. Direct 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.
2
Background
Ongoing complaints
September 19, 2016 meeting:
City Council directed Parks Commission to hold a neighborhood meeting
November 9, 2016
Neighborhood meeting
The Parks Commission heard from the adjacent property owners at their meeting of July 13, 2016. They directed staff to look into the options for the property. At their meeting of August
10, 2016, the Parks Commission heard options for the property and directed staff to schedule a neighborhood meeting to look at selling the property. At their meeting of September 19,
2016, the City Council discussed the property and directed the Parks Commission to hold a neighborhood meeting.
A neighborhood meeting was held at the Parks Commission meeting of
November 9, 2016. Several residents were in attendance and shared a variety of views about the city-owned property. Some residents shared that they have fond memories of using the
bike track while some expressed anger over the littering, bad behavior, and damage to the property.
3
Ongoing Maintenance
Currently, Hugo Public Works maintains the property including mowing, grading, tree trimming, trash removal, and shrub removal.
The trees along Goodview Avenue were trimmed back a
few years ago allow for better sight lines. The track is located at the front of the property and there are trees and brush along the back and side of the property providing some buffers.
The Public Conduct in Parks ordinance is applicable to the property: fires are prohibited and motorized vehicles are prohibited. In 2015, the hours of the park were posted as 9:00
am to dusk, in response to resident concerns about use after dark.
4
Complaints
Photos submitted by adjacent property owners of trash and tree damage.
5
Ownership Limits
Land “held in trust” for the public’s use
Dedication is limiting
Statutory restrictions
Options
Continue with the property as is
Acquire all property rights, then sell to private owner
Vacate the property
Make significant landscape changes to the property:
City-owned property
The City of Hugo acquired the property in 1987 with the Hugo Meadows subdivision through park dedication. 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.
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
Acquire all property rights, then sell to private owner
Vacate the property
Make significant landscape changes to the property
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 sell it. It would be up to whomever purchases the property to maintain it and manage its use. We think that we will be able to find the original owners,
but there is a chance that is not possible or that they when they are approached with this that they will not be interested.
Vacate the property:
There is a process by which
the City can abandon its interest in the property. This is similar as to with a road easement. This would involve noticing all parties involved and holding a public hearing. The property
may go through the tax forfeiture process and may at some time be picked up by the original owner or some other private owner. The City would no longer maintain or monitor the property.
It would likely continue to be used by the public. The property would become an unmanaged property. Due to this, staff recommends against vacating the property.
Make significant
changes to the property:
The City could make significant changes to the property in an effort to prevent issues on the property. This could include clear cutting all of the mature trees
or using the property for stormwater ponding. The property would continue to be available for public use or development of some other neighborhood park use.
6
Recent Brush Removal
The Parks Commission followed up on the neighborhood meeting at their May 17, 2017 meeting. They directed staff to fill in any dangerous holes, significantly cut back the brush, look
at the buffers to adjacent properties, post rules signage, and to possibly add a picnic table and property line markers. Residents had talked about teenagers being able to hide in the
brush. As directed, PW recently removed some brush behind the bike track in an effort to make the property more visible from the road. Buffers to the adjacent residential yards were
maintained.
7
Parks Commission Recommendation
Goodview Avenue property to remain city-owned and available for public use.
The Parks Commission discussed that in the future, the property could be used as a trail head or rest stop with the planned trail on the west side of Goodview Avenue. They do not want
the property to become privately owned and felt that there is value in making the property available for public use, including the bike track.
At their May 17, 2017 Parks Commission
recommended to the City Council that the property to remain city-owned and available for public use.
8