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4 - Matters from the DepartmentCity of Boulder Parks and Recreation Department MEMORANDUM , ~~,~~ ~/~,:~ ~ a~ TO: Parks and Recreation Advisory Board FROM: Jan Geden, CPRP, D~rector of Parks and Recreauon Sarah DeSouza, Parks and Recreation Adm~mstrator SUBJECT: Matters from the Department DATE: May 18, 2004 A. Information Regardm~Playground Surfaces Durmg the April Parks and Recreation Advisory Board Meetmg, an issue was raised regarding playground surfacmg material at North Boulder Park. Pam mdicated that she had heard from park users a request to use sand m the play ground, instead of pea gravel Based on mformation obtained from various sources, includmg the Consumer Product Safety Commission, the largest numbers of lawsurts that go to tria] come from playground in~uries Approximately 76% of all playground m~uries are a result of falls, and of that 76%, 59% occur from falls directly to the playgiound's surface. The Park & Recreation Department utihzes Cive different types of playground surfacing m our playgrounds: two types of unitary, and three types of loose-fill playground surface materials. The two Unitary Surface matenals used by the City of Boulder mciude (a) poured m place, and (b) rubber tile mattmg - which are both considered access~ble resilient surfaces, and three loose- fill playground surface matenals which mclude (a) sand, (b) fine gravel, and (c) engineered wood fiber. Unitary playground surfaces require little mamtenance, but are extremely expensive to msYall. Loose-ffll materials require a great deal oP maintenanee. Of the three loose-fill maYerials which the City of Boulder uses, engmeered wood fiber is by far the most resilient and easy to mamtain, but is also not a cost effective surface to install ar keep at the requ~red levels due to issues with wmd and children throwmg or kickmg the fiber Fme Sand is a very displaceable surface, but sand compacts easily, attracts pets to excrete feces, is mare conductve to weed growth, and requves daily maintenance. Our experiences show that fine gravel is the current surfacmg of cho~ce to use in our playground system. Fine (Pea) Gravel, when used as playground surfacing possesses greater shock absorbing quahty than fine sand, does not easily compact, does not displace as easily, and requ~res a great deal less maintenance than fine sand Reference material for the technical mformat~on provided can be obtamed through the City of Boulder Park and Piayground Safety Library, 5200 East Pearl Street, Boulder Colorado 80301, or the U.S. Consumer Product Safety Commission Handbook for Public Playground Safety, Pub. No. 325, p 4,5, Table 1, p. 38 appendix D, and American Society far Testing and Materials Designation F1292 Parks and Recreation...The 13eneCts Are Endless! TM B. Municipal BuildmQ Landscape Update A landscape renovation plan is m preparation for the east side of the City of Boulder Municipal Buildmg The site experienced more extensive involvement as a contractor stagmg area during the Broadway Reconstruction Project than was or~gmally anticipated. Irrigat~on and landscape repairs were already proposed, but iC seemed to be an opporturuty to explore poYential public uses and appropriate srte character prior to proceeding with making the same-as-before repa~rs. New seating and drought-tolerant vegetation are proposed landscape elements far the area A detailed plan ~s m development The site will lie idle wiCh temporary seed for the summer of 2004 while planning and design take place Improvements durmg the fall, wmter, and sprmg of 2004/2005 w~ll be made m order to open the space m the sprmg of 2005 The work is funded by an allocation from the Civic Center / Boulder Central Park improvement budget created by the parks and recreation 0.25 cent sales tax in 1996, which has accumulated a sufficient balance to proceed at this time Please see Attachment A for the May 12 Weekly Infarmation Packet item that was sent to City Counc~l. C. Eben G Fme Park Update The parks and recreation department has scheduled ~mprovements to the restrooms, sheltei, playground, vrigation system, and turf at Eben G. Fine Park in 2004 and 2005 to be open to the public by June 2005 The department will contmue Co proceed wiCh Che development of a pilot site management plan for the park Please see Attachment B for the Weekly Information Packet item that was sent to City Council. D. Valmont City Park Land Lease Projects U date Staff inet several trmes this year with the members of the PRAB New Parks and Facihties subcommittee to review the land lease pro~ects for Boulder Ice, Inc. and The Tennis Center The subcommittee members have expressed general support for proceeding wrth the pro~ects, along with some specific questions and concerns. The following provides a summary of the primary ~ssues under discussion at this time: • Risk IC is important that the potential land lease tenants, the public, and the Board be aware that the land lease recreation development model involves a degree of risk for both the City and Che potential Yenant Erther party may bow out of the process if the conditions of the on-gomg negotiations are not favorable. • Bond Money Constramts The property purchased with bond money is constramed m terms of the percentage of the property that is available for private development Imtial legal research with the bond counsel has confirmed that the tenms and ice projeets, mdrvidually or together, will meet the conditions of the bonds. Page 2 • 20-Year City of Boulder Lease Constramt The City Charter allows a maximum 20-year lease period The Board and City Council may approve a new lease or extend the ex~sting lease after 20 years Th~s constraint appears to pose a problem for The Tennis Center project which ~s based on a for-profit financial model. The Tennis Center representatives are reviewmg this more closely and plan to provide a written description of the issue to the City. Potentially a longer lease period could resolve the matter, however extending the 20-year lease hmitation would requve an amendment to the Crty Charter, mcludmg a positive vote of the citizens. • Business Plan and Funding A more detailed evaluation of the potential tenants' busmess and funding plans is scheduled to proceed over the next six months • Property Tax The tenants w~ll be responsible for property tax on the private improvements placed on the City's property. Further research ~s requ~red to conf~rm the conditions and potential amounts of taxation anticipated as part of the tenant's financial models. • Plamm~g, Site Layout, and Engineering Staff has worked closely with both ice and tennis over the past year on the srte layout plan, bringing engineenng expertise as needed to address circulation, drainage, and transportation issues. The site layout plan addresses the °fit to srte° for Chese two major recreation facilities, appropriate mterface with the overall park circulation system, shared accesss and parkmg, provision of wildlife enhancement areas, appropriate legal seCbacks, and proper oritentation for the planned uses. While the plan shows an mcreased density of development compared to the development envisioned at a conceptual level m the approved Concept Plan, it is m ahgnmenC with the stated park acqu~shon and development goals to provide for active and mtensive recreatron uses. It is desirable to capitahze on the opportumYy for appropriate density wiYhm major recrearion facility bu~ldmg sites This is one way to address communrty recreation needs m a way that supports preservation or provision of more parkl~ke and natural wildlife enhancement areas m the park. In the 2001 City Council Study Session about Valmont City Park, potential wildlife enhancement areas and corr~dors were identified as additions to the 1998 Approved Concept Plan. Council supported the addrtion of wildhfe corridors and enhancement areas to the degree possible, while retammg the recreation uses ident~fied by the commumty durmg the concept plannmg process The current ice and tennis site layout provides a very efficient use of space and reserves most of the area schematically shown as additions (2001) of wildiife enhancement areas to the Concept Plan. Roughly .5 acre of potential wildhfe enhancement area has been removed from this area of the park Staff inet with with Steve Jones, the consultant who prepared the imtial site wildlife evaluation and recommendations, and with several other environmental consultanCs to discuss Ch~s Steve mdicated that the larger park Page 3 site will continue to function for wildl~fe and wildlife movemenY given the proposed ice and tennis layout plan, along with provision of the wildlife enhancement areas south and north of this site. SCeve suggested that we might consider addmg .5 acres of wildlife enhancement to a proposed drainage area of the park north of the Boulder and Left Hand Ditch Boulder Ice, Inc. will be takmg the site layouC plan to Plamm~g and Development Services wrthm the next month for a pre-apphcation review of the project, prior to prepanng plans far Site Review. E. Leeal Impacts of Lease with the School District for the Baseball Field at Scott Carpenter Park At the May 10 staff agenda settmg meeting for the upcoming May ] 8 Ciry Council meetmg, the City AtCorney's office t7agged some potential legal impacts pertammg to the lease agreement far Scott CarpenCer Field between Yhe Bouldei Valley School D~strict and the City of Boulder. Included as Attachment D is the document prepared by the Cify AtCorney's office and mcluded with the Council rtem on the lease agreement. Although these issues had not been raised durmg the negotiation process, once identified were researched to determine the overall scope and manageability of the impacYs. The document outlines potential on-srte and off-site legal impacts The Crty Attorney's office concluded that the impacts were both mmimal and manageable from the City's perspectrve. Staff felt that the PRAB needed to be updated, as these impacts were not part of the discussion of the lease agreement at the Apri12004 PRAB meeting Staff will provide PRAB at their May 24, 2004 meetmg with a verbal update regardmg the results of the City Council action on the lease agieement Attachments• Attachment A: Weekly Informauon Packet item referencmg Mumcipal Building landscape Attachment B: Weekly Informat~on Packet item teferencmg Eben G Fme park AttachmenC C. Valmont City Park Site Layout Plan Attachment D: City Council Agenda Item: Legal Impacts of Lease with School District or the Baseball Field at Scott CarpenYer Park Page 4 Attachment .4 WEEKLY INFORMATION PACKET M~MORANDUM To: Mayor Toor and Members of Council From: Jan Geden, CPRP, Director of Parks and Recreation Jeff Lakey, Conservation, Planning, and Development Superintendent Parks and Recreation Department Date: May 12, 2004 RE: Information Item: Muni Building - Civic Center / Boulder Central Park Improvements Executive Summary A landscape renovation plan is m preparahon for the eatit side of the City of Boulder Munuipal Buildmg, The site experienced more extensive mvolvement as a contractor stagmg area durmg the Broadway Reconstruction Pro~ect than was oiigmally anticipated. Ircigat~on and landscape xepairs wece already proposed, but it seemed to be an opportunity tc~ explore poCential pubhc uses and appropnaCe sde character prior to proceedmg with making the same-as-before repa~rs New seatmg and drought-Colerant vegetaCion are proposed landscape elements for the area A deta~led plan is m development. The site will he idle wiCh temporary seed for the summer of 2004 while plamm~g and des~gn take place Improvements durmg the fall, wmter, and sprmg of 2004/2005 will be made m order to open the space m the sprmg of 2005 The work is funded by an allocation from the Civic Center / Boulder Central Park improvement budget created by the parks and recreation 0 25 cent sales tax m 1996, which has accumulated a sufficient balance to proceed at this time Background Durmg the Broadway Reconslructton Pro~ect, Boulder Central Park ueas were used by the city's contractor for equ~pment and matec~als storage, called stagmg areas The use of these srtes for stagmg affecCed soil structure, irngahon, and vegetatron. Replacement and restoraCion actions are now reqwred to attam conditions healthy foi park srte development. One of the stagmg areas mcluded the east side of the Mumc~pal Buildmg This stagng area was origmally scheduled For restoration of turfgrass by the Broadway Pro~ect Smce the site envelopes and provides a publtc setting foc Boulder's seat of govecnment rt seemed to the Parks and Recreation DepacCment to be a place that deserved moxe comprehensive consideration than simply soil, irrigahon, and Curf replacement Several facCOrs lend support to this idea F~rsC, the public face of Che buildmg ~s its east fagade. Orignally the buildmg entry was on tlus s~de, and Ch~s architectural message is still spoken by the design of the buildmg (although the main entnes 1re currently splrt between the northwest and southwest crotches of the now T-shaped buildmg, belymg the message conveyed by the architecture) Second, the landscape metaphors of Boulder's Central Pazk are borrowed from humid climates of the easteen Unrted StaCes, Europe, and Asia Although these impoitations seem to ahgn wiCh our ancestral preferences, they often requ~re htgher amounCS of attenhon to susCam them m our semi-arid climate Many residents of Bouldei would prefec to explore potential alternatives to this type ot landscape developmenC, especially by mveshgahng landscape schemes that they feel are more compahble wtth public uses m a semt-arid cl~mate zone Although this type of development Prequently requires greater attention durmg the establ~shment period, ~t can save water, labox, and other mputs later, dependmg on the design. Tlurd, there are mcreasmgly impiovmg design and development recommendations for making "plac~ful" pubhc spaces that are emergmg from vanous fields. One source of these recommendations is the Pro~ect for Pubhc Spaces (http'//www pps.org) "Placefulness" (an emergmg goal for the character of successful public spaces) can be created or improved by the addrtion oP gathermg srtes and seatmg, among other potential solutions The oeigmally planned soilhrcigation/turf scheme would have replaced lost turf surfaces, but would not have taken advantage of this opportunrty to reconsider the ways thts site could be developed and used m association with Boulder's central governmental buildmg It would have re- mstituted the bald and ideal~zed, sparely suburban 1951 site development scheme that emerged with the development of the origmal buildmg, which w1s designed to accomplish d~fferent goals than seem appropriate Co our current situation where public space is moce premous, and susCamability of our human env~ronment is a key concern. Durmg the forthcommg reviews by the Civic Center Task Force, the Parks and Recreation Advisory Board, most l~kely the bwldmg's occupants, and perhaps others, ad~ustments will be made based on advice from those who are mterested The srte is m a 11ood zone The addition of structuies would generally result in flood water impedance Chat would potentially damage not only the strucCuces, but also surroundmg assets Description of Concept The concept is shown on the attached rtem lt is a starhng pomt for informal review as noted above and is hkely to be further developed accordmg to comments received The basic scheme is to create a settmg remmiscent of the natural topographic and vegeCahve con~imction of the foothills and plams, such as Boulder occupies NaYive vegetaCion and othu drought-tolerant species are proposed for all work areas Some slight topograph~cal ad~ustments are suggested to create a richer m~crochmate for vegetahon, to promote appropnate dramage, and to develop the site character consistent wiCh the basic idea. The vegeCahon will mclude pme trees, low shrubs (two Co three feeC maximum), and grass / herbaceous forb species also consietent with the mam idea Flowermg plants will be used m key areas where people are hkely to be sithng A diagonal gravel path will permit "short- cuthng" between Canyon and Broadway at the northeast coiner of the srte, which is whue people will most hkely want to walk anyway Withm the feame of the nahve and diought tolerant vegeCaCion is proposed a gioup of turf plots m raised beds These are proposed to be surrounded with benches and low railings or hedges wluch will be set m compacted fine gravel which is easily navigatecl on foot or by small wheeled devices Suggestions already received mclude the addttion of annual and perenmal flowers to Yhe landscape scheme. The ob~echve for mcludmg the turf plots ~s marufold First, the plots are raised which creates a seating opportumty, or a place for people to siC or he not only on the raised planter, but actually on the turf Second, the l~fting of the plots also elevates their importance to somethmg less Chan ordmary, or as spatial elements wiCh a more reverenC status No general purpose, `everywhere' stuff here, tlus is seriously precious turf Th~rd, because the turf is provided m small quantities (sixteen p1oCs of 36 square feet = 576 sq~are feet, out of the 17,000 square feet of the pro~ect siCe, or jusC over 3%), and is attractive and sofC (m season), people may begm to understand that there really is a role and a place for turf, but that rts role is reserved for key, mtensely humamzed spaces rather than m bhnd ubiquity, which seems to be culturally m quesdon now With plots designed as `the many' as opposed to `the one' compositionally, people may use a plot with a sense of temporary ownershtp by bemg able to s~t on one of the plots, not unhke Che way they use benches The use of mne plots is conceptual, and provides a rahonally ordered system that remforces the notion of test plots, or experimentation, regardless of whether Chis use actually is made of them Proposed Project Schedule / Budget The proposed schedule is as follows, and may change dependmg on the mtensrty of opmion received and the degtee to which staff and publ~c histriomcs mfluence Che anticipated piocess, cost, and constructabihCy Spxmg `04 - temporaiy seed by Broadway Pro~ect contractor (complete) Sprmg/Summer/Fall `04 - design/budgetmg, approvals, and public feedback Fall/Wmter `04/'OS - srte gradmg and ~rrigahon construchon Spring `OS - plantmg m season and pubhc openmg (April/May `OS) A City of Boulder Techmcal Document Review is l~kely to be required through the Plannmg and Development Services office and this may add some time to the review process The pro~ect will be funded with money that has been seC as~de foc 2003 / 2004 to ~mprove the Civic Center area and amounts to approximately $12QOOQ which is consistent with the ]ow end of park siCe development costs thaC typically amounC to between $250,000 to $35Q000 per acre m Boulder Attachment B WEEKLY INFORMATION PACKET MEMORANDUM To: Mayor Toor and Members of Council From: Jan Geden, CPRP, Director of Parks and Recreation Jeff Lakey, Conservation, Planning, and Development Superintendent Parks and Recreation Department Date: May 12, 2004 RE: Information Item: Eben G. Fine Park - Capital Repair and Replacement Executive Summary The parks and recreation depaitment has scheduled improvements to the restrooms, shelter, playground, ~rngation system, and turf at Eben G Fme Park in 2004 and 2005 to be open to the public by June 2005. The department will continue to proceed with the development of a pilot site management plan for the park Background Eben G Fine Park mcludes approximately 6 acres of partially wooded land on a natural stream terrace along Boulder Creek near the mouth of Boulder Canyon It's creek access is very popular and serves users from Boulder and surtounding commumties It lies withm the 100 year flood plam of Boulder Creek Durmg the drought of 2002 the park's turf was lost due to irrigation shut off The irrigation system, park restrooms and picnic shelter are m need of deferred mamtenance. The building structures require upgiades to comply wrth the Amencans with Disabilities Act and new building codes These structures are old enough to qualify for histonc landmark status, although they are not currently designated Pro,ject Description The pro~ect is an eariy action offshoot of the management plan pilot project underway Por Eben G. Fine Park This work is necessary to restore useful service to the park as soon as possible in advance of completmg the management plan. Due to the grandfather status of the current buildings m the 100 year floodplain, there are no alternatives available to rebuiid them or relocate them withm the park smce Chere is no non-floodplain land in the park. If these services are to remam m the park, they may only be made available by remodeling the exisCmg structures. This eliminates any questions concerning possibie alternative park siCe organization schemes with regard to these core park features. The existmg restroom and ehelter structures potentially quahfy for local historic landmark designation and are bemg treated as if already des~gnated. Smce the designation process is lengthy, rt will not be pursued at Chis time because it would significantly delay restoration of these structures. RestoraCion will mclude tastefully designed upgrades to accommodate ADA code advancements smce the time of their construction. A modest playground equipment replacement ~s planned to exchange existing worn and out-of- date equipment wrth newer ~tems. Modifications to the turf header around the playground may be requ~red. Dramage ~mprovements may be required. Further deta~led design and analys~s will determme the final pro~ect design The ~rrigation system is no longer adequately functiorung and most of the park turf has died A restored system will be designed to provide servtce for at least 20 years. Once water can be provided, new turf will be mstalled early in 2005 and will be available for service durmg the peak 2005 summer season Improvements to the creek corridor, greenway trail, water verges, and other potential work will be considered during the preparation of the site management plan, expected to be complete m sprmg of 2005 It is likely that the management plan will contam recommendattons for work m these areas aimed at habitat enhancements, waCer qualrty improvements, and other goals, and these will be determmed m con~uncCion wiCh appropriate staff from other depattments as the management plan is completed. The restoration pro~ect will be funded by money appropriated to its urban parks and capital repair and replacement accounts These funds are provided by the city's 0.25 sales tax fiznd and the permanent parks and recreation fund. The tentative project budget is indicated• Restroomrenovation, code compliance, and fees $165,000 Shelter renovatton, code compliance, and fees $65,000 Playground replacements and fees $120,000 Irrigation/Sod replacements $100.000 Total $450,000 The parks and recreation depailment will collaborate with, and provide fundmg to facilities and asset management (FAM) staff to prepare architectural and engineermg analyses, to prepare architectural and engmeering design of the park buildmg repairs, to obtain construction permrts for the wark, and to manage lhe construction pro~ects for the park shelter and restroom buildings Park operatrons division staff of the parks and recreation department will prepare irrigation designs and construcC the replacement system as well as construct the Curf ~mprovements A playground design consultant will be hired to conduct public outreach, prepare user analyses, and prepare designs and construction documents of playground features for bidding. All work will be coordinated wtth the city forester to protect existmg Crees. The pro~ect will be overseen by staff m the conservation, planning, and development division of Che parks and recreation department. 2 ge 4 F 8 k~ ~p~s$~Hy ~~y ~~,~a6~~ d9 ~i j YY ~ at E ~pnga~6 ! 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Ily I N~ ~ r I~ I~ m~a ~ li~P ~i ~~~ ~ ~ ~~~ ~ ~~ _ I I6 ' Q~V ~ I N ~ p J(.~ e~ I ~6°im m ~ 1 ,~"• ~ ~ { iWli~ ' ~ `~~ ~ i ~ :~a ~ ~ ~~ ~ ~i ~ ~i Lii ~ ~~ ~ ~; ~ ~ ~~ 0 , ~ ' i i i~ ~ ~ ~~~ ` ~ '~ ~ ~ i ,'~ i -. ~i I~ i i ~ ~ ~ ~ F ~ ~ ~ I ^~I I~III_ ~~~~ ~~ ,- ~ ~- -~ ~~~_- ~~~ ~ ~ I '~ I I ; %~ ~ ~ , i ~,I - ~.~ iri r; ~l = ~;~~ ~~~ i ~' ~I %.~~ ~ ,i~i ~T~1 , ~ ~~ ~ ~~~ y;~ ` ,~, ~~ ~ ~, , , i ~~ ~~ ;1~ E i i t /i ~ ~I~ ~ 1 ' ~~~~ : Attachment D O~ce of the D D ~ i~~,!G City Attorney ,/~,=~ ~ ~~ Boulder • Coloratlo • USA May 12, 2004 THE HONORABLE CITY COUNCIL Boulder, Colorado Re: City Council Agenda Item: Legal Impacts of Lease with School District for the Baseball Field at Scott Carpenter Park Dear Members of City Council: Introduction and Conclusion In preparation for the upcoming consideration of the proposed lease between the City of Boulder and the Boulder Valley School District, the City Attorney's Office examined the potential on-site and off-site impacts that the lease may have on the park. The conclusion reached was that the impacts are both minimal and manageable from the City's perspective. After speaking with Chief Mark Beckner of the Boulder Police Department, and Richard Bump, the attorney representing the School District, the following areas were identified and may be impacted by a designation of the ball field as a School District facility. The following represents the findings, based on Colorado Statutes, on the topics identified. Analysis The items that could have off-site impacts are the following: Liquor Code: There is a provision in the State Liquor Code that does not allow a new license to be issued to a property within five hundred feet of any public or S~PR\Iris\SHARED\PRABUVIay Packet~NTaCteis from the Department\Legal_Impacts- Attachment.doc THE HONORABLE CITY COUNCIL May 12, 2004 Page 2 Re: City Council Agenda Item: Legal Impacts of Lease with School District for the Baseball Field at Scott Carpenter Park parochial school. Once issued, it does not affect a renewal or reissuance of a license. The measurement is to be computed by direct measurement from the nearest property line of the land used for a school purpose to the nearest portion of the building in which liquor is to be sold .. ." See 12-47-313(1)(d)(I&II),C.R.S. There is case law suggesting that you measure this based upon following "a direct pedestrian route." Moschetti v. Liquor Licensing Auth., 176 Colo. 281, 490 P.2d 299 (1971). Athletic fields owned by a school district have been held to this distance standard. See La Loma, Inc. v. Denver, 40 Colo. App. 55, 572 P.2d 1219, (Colo. App. 1977). The standard may be eliminated or reduced by the local licensing authority. See 12-47-313(1)(d)(III),C.R.S. The proposed 29th Street project on the Crossroads Mall property is located across the street from the ball field. It could affect the ability of liquor licensing for buildings located within 500 feet of the ball field. If this is an issue, the Council has the authority to eliminate or reduce the distance requirement. This has been done in the past, around Boulder High to allow licensing of restaurants in the surrounding retail areas and for the business areas around the University of Colorado See Subsection 4-2-4(a),B.R.C. 1981. Transportation• There is always a potential of declaring an area around a school facility as a"school zone." School zones have the potential to get special crosswalks, lower speed limits, and increased fines for traffic violations. Bill Cowern, from the City's Transportation staff, opined that it would be highly unlikely that a school zone would ever be associated with the ball field at Scott Carpenter Park. He based this conclusion on the document that the City uses to guide its discretion in the declaration of school zones. He said that a 1999 "Safe Access to Schools Program" document calls for school zones in two instances. First, in the pick-up and drop-off area associated with the school. At Scott Carpenter Park, this would not be needed because there is an off-street parking lot, where pick-up and drop-off occurs, and access to the lot is regulated by a traffic light. The second instance is for off-site crossings of S\PR\Iris\SHARED\PRABUVIay PacketUVIatters from the DepaitmentU.egal_Impacts- Attachment doc THE HONORABLE May 12, 2004 Page 3 CITY COUNCIL Re: City Council Agenda Item: Legal Impacts of Lease with School District for the Baseball Field at Scott Carpenter Park busy streets that are geared to operate when schools start and end. This does not apply for two reasons. First, the space will not be programmed like you would with a school, with typical hours of operation. Second, there are signalized crosswalks at 2geh 29eh and 3O~h now. Mr. Cowern explained that if another crosswalk would ever be put into the area, it would be based on the needs of the entire park, and not just the ball fields, and would be done as a typical crosswalk. The item that was identified that could have on-site (i.e., the Leasehold Area, not the eatire park) impacts is the following: Under the terms of the proposed lease, the items below would apply during the "School District Use" times. During the "City Use" times, rules generally applicable to the use of City of Boulder Parks and Recreation Facilities would apply. Basically, City ordinances and Parks and Recreation rules and regulations would apply during the City Use times. State statutes applicable to school districts and Boulder Valley School District rules and regulations would apply during School District Use times. This reading and interpretation of the proposed lease was verified with Richard Bump, the attorney representing the School District. See paragraphs 4.1 and 4.2 of the proposed lease. Drugs: Of course, drugs are illegal on or off school grounds. An offender can be designated as a"special offender" and subject to enhanced sentencing guidelines if convicted of selling, distributing, possessing with the intent to distribute or manufacturing drugs on school grounds. See 18-18-407(2)(a),C.R.S. Tobacco: There is a general prohibition against the use of tobacco at school events or on school property. This includes land owned or leased by a school district (athletic fields). See 25-14-103.5,C.R.S. School districts are also required to adopt a policy mandating a prohibition against the use of tobacco products on school property and at school-sponsored activities by students, teachers, staff, and visitors. See 22-23-109(1(bb),C.R.S. S•\PR\Iris\SHARED\PRAB\May Packet\Matters from the Department\Legal_Impacts- AtCachment doc THE HONORABLE CITY COUNCIL May 12, 2004 Page 4 Re: City Council Agenda Item: Legal Impacts of Lease with School District for the Baseball Field at Scott Carpenter Park Deadly Weagons: It is a class 6 felony to carry deadly weapons onto school property. See 18-12-105.5.C.R.S. Respectfully submitted, ARIEL PIERRE CALONNE City Attorney Designate DAVID J. GEHR Assistant City Attorney DJG:APC:ljh cc: Frank W. Bruno, City Manager S.~PR\Iris\SHARED\PRABUVIay PacketuVlatters from the Department\Legal_Impacts- Attachment.doc