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B - Study Session Matters from the DepartmentAttachmenl B Matters from the Deuartment Court Rulina on Awardin¢ Attornev Fees for Maxwell Lake Litigation The Parks and Recreation Advisoiy Board was informed durmg the September PRAB meetmg aboul the recent rulmg agamst the City by Bouldei County Distnct Courl Judge Daniel Hale regardmg the Hill encroachment trial at Maxwell Lake Paik. The Attorneys representing Mrs. Hill subsequenfly filed a motion with the Boulder Dietrict Court scekmg a reimbuiseinent of approximately $] 40,000 m attorney fees and costs from the City The Ciry asked for a heaiing with Judge Hale on the motion for award of attoiney's fees. Judge Hale recently heard arguments fiom both sides concernmg this issue On Septembei 25, 2003, Judge Hale ruled for the City and agamst Mis. Hill m ber mot~on for the award of attorney's fees. Judge Hale ruled that "the case biought by Boulder was not groundless, fiivolous and vexaYions as a matter of law There w~is nothmg easy about this case either factually oi legally." Judge Hale further stated that "I found that m writmg my order my fmal decision was a`close call.' Although Boulder fa~led to meet rts burden of pioof on this claim, it was far from groundless. If I had inteipreted the plat regardmg the strip, and the area east of lot 16 in parCicular, as urged by Bouldei and for which there was some factual support, the rulmg could have been in Boulder's favor. The fact I ruled agamst Boulder on this issue did not mean that this was even close to a`slam dunk' for Mrs. Hill. In fact, I would not be surprised if a ttial befoie a diffeient ~udge would lead to a diffeient result Boulder's claim on this theoiy had substanhal meiit and was far fiom gioundless." Therefoie, Judge Hale demed the motion by Mrs Hill for an award of attoiney's fees Tantra Hi(l Sleddine Undate The Patks and Recreation Department is closmg all but four parks Lo sledding this wmter Management issues with sleddmg are particularly acute at Tantra Park, and the discussion that follows describes the situation and mitigatmg actions to be taken theie. Other parks and sites have not experienced demands for sledding, and few issues cuuently exist wrth sledding m any of the olhei prohibited locations. For many years, Boulder residents have used the steep, open turF hillside at Tantia Park m South Bouider for sleddmg and sunilar acuvities. Although it is attract~ve for these uses, there are persistent management issues associated wiCh contmued sleddmg m the park The run-out space at the foot of the hill is short and ends m trees, liglrt poles, and private properly fencing. The sledding public nlust also cioss the major park walk that passes through the sleddmg aiea at the foot of the hill. A few years ago one member of our commuruCy suffered a sigmficant accident on the hill Space aL the top of Che hill ie also extiemely hmited Ad~acent private property owners experience trespass by crowds of sledders waiting on the flatCer ground they possess therc. 1 Attachment B In response to the Deparlment's growing concern about these sledding-related issues m the park, it is closmg thc sledding hill foi pubhc use this winter and commumcatmg to the public about where sleddmg is allowed The action is taken m accordance wrth the City's iegulations which prohibit sledding except m areas where auYhoiized. The DepartmenC is postmg four City of Boulder sites where sleddmg is and will continue to be allowed. These are • FooYhills Community Park (North Boulder) • Scotl Carpenter Park(Central Boulder) • Harlow Platts Park (South Bouldei) • Meadow Gleu Park (East Boulder) The mitial closure actions will mclude installation of a fence to prohibiC people from usmg private property at the top of the hill, and regulatoiy signage. The ad~acent property owners have been contacted and are supportive of this action Staff will work with the property owners to choose an appropriate fence design The regulatory signs will be posted at the Yop, middle, and botYom of ihe hill. Temporary fenemg will also be mstalled across the hill to clearly commumcate the closure and to pievent people from slidmg on the hill Staff will contmue to update the Board on this issue Disc Golf Undate In late 2002, staff brougbt to PRAB ihe issue of dise golf use at Tantra Paik The park was not oiigmally designed for this use although "pirate" golf use is common in the paik and is creatmg tension and pubhc safeCy issues theie. The Depaitment conCmues to receive complaints about this activity from neighbors and other park useis Staff worked with the disc golf commumty and neighbors m early 2003 to identify potential resolutions to lhe conceins expressed. One option involved the creahon of a new temporary disc golf course on University of Colorado property east of Tantra. However, further study suggested that this option was not feasible at this time. Staff is in the process of idenhfymg potential improvemenYs and adjustments m Cbe course layout for the Harlow Platts disc golf course to better address both the disc golf community's needs and impxove public safety concerns. Staff will bnng an update on this tssue to the Board at a farthcoming meeting Valmont Citv Park Updates Raw Water Irrigation System Construction documents for a raw water irrigation pond, pump house, and associated mfrashuctuie ve 75 percent complete. Construction is anticipated to begin m early 2004 and be completed by summer. Use of North Boulder Farmer's Ditch water for landscape Attachmenl B urigation will provide a more envuonmentally sound apptoach for long term landscape mamtenance The pond has been ielocated from the south side of North Boulder Farmer's Ditch to the north side of the drich Duung the detailed design development process it was determmed that Lhis location provided • improved wildhfe habitat enhancement opportunities; • an oppoilunity to mcorporate the pond mare natuially into existmg topography, • a moie cost effechve location for power delivery to the pump house; and • betler oppoitunity to screen the pump house from Valmont and Aiiport Roads. This location also offers additional space tor possible development of the Bouldei Ice, Inc andthe Tenms Center pio~ects south of the ditch. The land lease participants have looked upon this qurte favorably, as rt is significant m helping them co-exist m that pait of the park. Land Lease Pilot Project: Boulder Ice, Inc. and the Tennis Center Staff has revised the Parks and Recreation Vaimont Crty Park website mformation to reflect the change in direclion recommended by the Board at the Febiuary 2002 meeting. StafP is woikmg with Boulder Ice, Inc. andthe Tennis CenCer to refine the srte development criteria, idenhfy land lease issues to be resolved, and explore how the two pro~ects might fit mto the designated site. Greenplay, LLC representatives ate no longet workmg on the project The Department is meeting m late October to review progiess on the site design with the two potential lessees Land Lease Pilot Project: Boulder Valley School District The Boulder Valley School DistricC is in tha process of complehng a Recreation Facihty Needs Assessment. The assessment is scheduled for completion in early 2004 Utilizing this mformahon and the updated Parks and Recreation Needs Assessment, the Crty and Boulder Valley School District will identify the highest priority shared ball field needs and how these might be provided at Valmont City Paik. The reconfiguiatron of the ball field area of Valmont Crty Park m response to the updated recieation facility prioiities may ehmmate the need to purchase an easement acioss the Ben~amm parcel Theiefore, staff is not proceedmg wrth the Ben~areun parcel easement purchase at this time. 2003 Denartment Work Plan Uqdate A Work Plan updale was scheduled to be presenCed to the Board at the October meek~ng. Due to the cancellaCion of this meetmg, the update wIll be presented at a future Board meeting wrth additional mformation regardmg preparation of the 2004 Department Woik Plan. Attachment B Master Plan Uqdate on Public Process Results A Master Plan update on pubhc piocess results was scheduled to be presented to the Board al the OcYober meeYmg. Due to the cancellation of the meeting, the update will be presented aC the November meeting 4