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8A - Policy on interim use of park land C I T Y O F B O U L D E R PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM MEETING DATE:March 29, 2004 (Agenda Item Preparation Date: March 14, 2004) AGENDA TITLE:Policy on Interim Use ofPark Land PRESENTERS: Jan Geden, CPRP, Director of Parks and Recreation Jeff Lakey, Parks and Recreation Planning and Development Superintendent Executive Summary: The Parks and Recreation Department frequently receives requests from community members to develop and use park land as a site for permanent or temporary facilities. These requests range from the desire to install community garden plots in a pocket parkto the possibility of a developer or homeowner association assuming responsibility for public park development. In order to provide a fair and consistent response, staff is revising the existing policy which currently addressesonly a process for considering potential partnership proposals at Valmont City Park. The revised policy would include language which addressesprobable requests for uses of both developed andundevelopedpublic park land. At this meeting we will discuss the issues which will need to be considered in developing this policy and will request comments from the public and from Parks and Recreation Advisory Board (PRAB) members. Fiscal Impacts: Budgetary: None at this time. Other impacts: Staff functions (design, planning, administration, legal, technical) are required to address citizen request for use of undeveloped public park land and to manage implementation of legal agreements and actual projects if approved. Board and Commission feedback: None at this time. Public feedback :This item is being heard at this public meeting, as advertised in the Daily Camera. Staff Recommendation: Receive public feedback and provide comments to the staff on this item. Following the PRAB’s consideration of and commentary on this item, a final version will be returned to PRAB for information only. AGENDA ITEM# VI-A; PAGE1 Analysis: The following is proposed as a draft policy of the Parks and Recreation Department. Parks and Recreation Department Policy onSponsoredFacilities or Uses onCity of Boulder Park Land Introduction From time to time interested parties have sought to utilize developed and undeveloped City of Boulder park sites for various temporaryor permanent facilities or uses. These “sponsored facilities or uses” may be considered by the City of Boulder Parks and Recreation Department for its developed or undeveloped sites by application of this policy to those proposals it receives. Definitions and Concepts Sponsorship of activities in this policy is concerned with the temporary or permanent use of developed orundeveloped park sites for the creation of facility-based park site activities or uses, such as, for example, flower or vegetable gardens, playgrounds, memorials, labyrinths, mazes,shelters, benches, trees, play areas, disk golf courses, trails,bridges, ponds, waterways, courts, ballfields and game sites, amusements, paving, walks,lights, signs, boulders, and so forth. Sponsored activities are typically proposed by interested parties (sponsors) organized privately and situated outside the City of Boulder municipal corporation. The sponsors may perceive a public need for a programmed park site activity and are willing to establish and operate the activity without initial or ongoing City of Boulder support. Sponsored activities consume public park land for a temporary or permanent period. They may be allowed only if they will not interfere with the measured and reasoned public park development process thathas occurred on developed park sites, or willthateventually occur for all undeveloped park land within the City of Boulder at a time when development and maintenance funding becomes available. Sponsored activities may or may not be aligned with the mission, vision, values, and goals of the Parks and Recreation Department, but to the extent they are, the Parks and Recreation Department is more likely to consider them favorably.One of the key public values associated with park land is its openness and accessibility to the public as a place to gather for a variety of purposes and either as a place of relief from urban conditions, or a place to gain contact with nature or both. Sponsored facilities and uses will diminish these highly valued and essential park qualities, and must be carefully considered in this regard. Therefore, sponsors must demonstrate that an adequate public process has been conducted to ascertain the degree to which there is wide and uncontroversial public support for the temporaryor permanent facility or use, especially with regard to the potential loss of park land which is often most highly valued for its essential quality of openness. The facility or use, if deemed favorable by thecommunity and the department, will be established through a land lease agreement between the City of Boulder and the sponsor in order to protect the city and its residents who may encounter sponsored activities on public land. Although this policy is adopted to enable public needs to be met in unique or unorthodox ways, the department may elect to decline any proposals for sponsored activities at any time for any of its sites. In AGENDA ITEM# VI-A; PAGE2 the event the department does make a finding that a sponsored facility or use is in the interest of the public and is in accordance with its mission and goals, it may choose to employ guidance in deciding how potential sponsored uses may be evaluated and monitored. The following guidance and mechanisms of performance are suggested to evaluate and make agreements for sponsor-proposed facilities or uses.These guidelines are intended to be general. The department will develop detailed procedures for the administration of this policy for use by it and sponsoring parties. Guidelines for PolicyAdministration 1.The facility or use will operate on a one year land lease contract which outlines these restrictions and/or others that may be required to be consistent with the City Charter and other adopted regulations, including the City’s ordinary review and affirmation by approving bodies of land lease contracts. The fee for the land lease will be commensurate with the cost to administer the lease, which will be estimated by the Department at the time of the lease negotiation. 2.The City is held harmless against liability for improvements by sponsors/lessees, who must also provide liability insurance to the current city standard for the facility or use. 3.Any supporting infrastructure required to serve the facility or use is provided entirely bythe sponsor/lessee, including the acquisition of permits and approvals for construction and payment of serviceprovisionfees such as plant investment fees. Supporting infrastructure must be designed to current codes and standards of the service provider. 4.The Department will provide no staffing or maintenance for the proposed facility or useand will periodically observe the sponsor’s maintenance conditions at the site for use in negotiating possible lease renewal, or in proceeding with the lease termination and removal of facilities or uses. 5.Sponsors/lessees must annuallypost a bond equal to the amount needed to restore the park site to itsprior state in the event of default on the lease. Amounts will be based on current cost data for reasonably similar demolition work that is current in the community. 6.Prior to receiving departmental approval for sponsored activities, sponsors must notify those who reside in the park’s service area, hold a public meeting and public comment solicitation according to then-current Parks and Recreation Department standards of practice, and document in writing for the Director of Parks and Recreation those comments received from the public comment process. The Director will then provide a written determination of appropriateness of the proposed sponsored activityto the sponsor which will take into account all of the guidelines in this policy and those that may be subsequently developed. 7.The department will develop detailed protocols for administration of this policy including but not limited to standards and appropriate form for preparing letters of intent, for preparinglease language, for language related to insurance and bonds, for soliciting and receiving public comment, and for review of leases by advisory boards and council. The department will also develop a fee structure to be assessed to proponents to offset its cost to administer proposals and leases. AGENDA ITEM# VI-A; PAGE3 The department obviously will from time to time initiate facilityand use development of its park sites itself (to become the sponsor), with or without participation by interested outside sponsors. In this case, the department will follow its ordinary processes for park development, including temporary or permanent development. In such cases where sponsors are willing, the department may accept sponsors’ assistance on the development and maintenance of the facility or use as community volunteers. No attachments. AGENDA ITEM# VI-A; PAGE4