CITY OF PEORIA, ARIZONA PARKS & RECREATION BOARD Room 200 – Dining Facility February 28, 2008 A Regular Meeting of the Parks and Recreation Board of the City of Peoria, Arizona was convened at 7877 W. Hillcrest Blvd. in open and public session in the Meritas School at 7:01 p.m. Members Present: Gregory Jones, Chuck Fitzgerald, Carnell Murrell, Diana Bedient and Carol Ulshoeffer. Members Absent: Jon Sears and William Collett. Municipal Officials Present: J.P. de la Montaigne, Community Services Director; Steve Burg, Chief Assistant City Attorney; Kirk Haines, Parks Manager; Heidi Gannuscio, Management Analyst and Heather Cammarata, Executive Assistant Audience: 38 CONSENT AGENDA: Chuck Fitzgerald made a motion to approve the consent agenda items including the absences and minutes of the February 21, 2008 meeting. Carol Ulshoeffer seconded the motion, and, upon vote, the motion carried unanimously. UNFINISHED BUSINESS: None NEW BUSINESS: PUBLIC HEARING – FLETCHER HEIGHTS NORTH PARK FENCE Before opening the public hearing, Chair Gregory Jones covered the ground rules for a public hearing. Staff Report: J.P. de la Montaigne gave a staff report detailing the history of the neighborhood park, background on the fence issue, previous direction from City Council on the issue, public outreach steps that the City and Meritas School have taken, and results from the resident vote taken by the Community Services Department. J.P. de la Montaigne also presented several questions and answers pertaining to the legal aspect of authorizing this amendment. Report from Meritas School: Jim Carruthers gave a report on behalf of Meritas School. Mr. Carruthers indicated that he came out to the Meritas campus in June to begin renovations and conducted a safety assessment at that time. It was decided that a fence should be constructed for the safety of the children. There is no intention of taking the park away from the public. The school wants to be a good neighbor and wants to keep all children safe while playing in the park. Public Comment: Reo Krebasbach stated that he is in favor of the fence. He has two kids that play in the park. For some time, he had not been bringing them because the condition of the park was poor. The condition of the park has never looked better. The fence allows for a high degree of safety for children playing in the park. Yesterday he witnessed a ball hit the fence and bounce back into the park. The park is still open to all neighbors. Jon Edwards stated that he chose his home because of the park. It was Fulton’s intention that this be an open park. Meritas is now defining what the neighborhood should look like. There has never been a documented issue or safety concern in the park. A group of neighbors took it upon themselves to poll the neighborhood through a petition. They collected 95 signatures that don’t want the fence and will continue to get signatures until the City Council meeting. The Fletcher Heights community has a total of 588 residences. With Deer Valley Estates added in there is approximately 756 residences total. The park was not built for the Deer Valley Estates community. The park was built by Fulton Homes and donated to the City for use by Fulton home owners. If votes will be counted from Deer Valley Estates then those residents in Fletcher Heights south of Deer Valley should also be allowed to vote. Mr. Edwards stated that he is in favor of the fence but he does not want the school to put the fence up. The fence should be donated to the City. Teresa Wiest was unable to attend due to a planned vacation but was represented by Danielle Juengel. A prepared statement was read to the board in opposition to the fence. Danielle Juengel read a prepared statement to the board in opposition to the fence. Eric Juengel was unable to attend due to illness but was represented by Roxanne Juengel. A prepared statement was read in opposition to the fence. Upon completion of one half of the prepared statement, the allotted speaking time had expired and the Chair asked the statement to be wrapped up. Debbie Juengel finished reading the prepared statement presented by Roxanne Juengel for Eric Juengel in opposition to the fence. Richard Maske stated he is looking at the fence from a practical point of view. He has seen balls kicked towards the road which the fence has stopped. He likes the appearance of the fence and the park grounds have never looked better. He appreciates that a corporation is maintaining the park so that the City is not spending additional tax dollars. What if this fence saves the life of a child? There are often unsupervised children playing in the park. The school put up a great looking fence and if it has the chance to save a life, it is worth it. Bridget Ash is in favor of a fence around the outer perimeter. It was unsettling that the community was asked to vote without seeing a copy of the easement agreement. Issues need to be presented up front; it feels as if this was slid underneath. A school representative from Florida sat in the public meeting and said that the intention was never to block out the community. After viewing the tape of the City Council meeting it appears that there was every intention to block the community out. This was very deceptive. The community deserves the truth and deserves to be informed up front. Petra Stevens indicated that three of her questions have already been addressed. There should be speed bumps or a lower speed limit around the school. The school should donate the fence to the City. Scott Shade has two young daughters who play in the park. He has witnessed balls hitting the fence and bouncing back into the park several times. The fence is a good idea, but it was not done correctly. A private institution made changes to a public area. The fence should remain without gates or restrictions. Jerry Andrews has two young daughters and is in favor of the fence. Cars are speeding along Hillcrest. It is surprising that speed bumps have not been put in place. There are black marks on the street and you can see where cars have hit the wall. Nobody has been injured yet but that could change. It is unfortunate that the gates were taken down. It is easy to put up signs that the park is for public use. Tammy Jodarski purchased a home in this neighborhood specifically for the park. The fence makes the park look like it is secluded to the school and is not good for the homes. The fence is a little better now that the gates have been taken out. The street is way too busy and cars are going too fast. When the ballot arrived it was very unclear. All of the concerns of those against the fence need to be addressed. The way things happened in this situation are not good but the fence should stay. Jeannette Hollander is in favor of the fence. Times have changed from days when you did not have to lock your doors. The fence is not just a barrier to keep children in. It will prevent a lunatic from taking a car and hitting a group of people. The fence will not protect from everything but it will keep a car from driving into a group of children. The fence should also be reconstructed to completely enclose the park. Daniel Mort has a two story home which overlooks the park. One issue that has not yet been addressed is the vandalism that occurs in the park. After it rains, people have taken trucks and vehicles into the park to tear it up. The park looks great lately. The park also has been safe in the past and luckily nobody has been killed in the park but don’t wait for this to happen before something is done. The way the fence was put up was wrong. It is understandable that this is a business that put their money at peril. This business stepped up to take care of what our tax dollars are not. Often times a citizen will mistake a gas pedal for the brake and drive through a crowd, this fence will prevent that. The fence is attractive and should be kept. At the last meeting 95% were in favor of the fence. I have attended both meetings and there are fewer people at this meeting. Hopefully the opposition will not be the only ones left if there is another meeting. There has been a lot of propaganda in the neighborhood and talk about the slippery slope issue. Hopefully the school learned a lesson and will work more with the neighbors upfront. Ryan Kieborz opposes the fence. There are significant gaps in the fence where balls can go through. Meritas shows a picture of the school including the park on their website. This fence is great marketing for Meritas. Also, students attending this school may not even be Peoria residents. Brad Helmer stated that this is the nicest the park has ever looked. More people are using the park now than ever. The school is not claiming restricted access. Using my experience as a Police Officer for the last ten years, the school did the correct thing to secure the school. The fence should be put back up completely with gates. Residents should not have a problem visiting the park and entering through a gate. Paul Serio stated that previously the park was in poor condition and not too many people were using it. Speed bumps should be installed but the fence should still be kept. Brian Ladd owns two homes in Fletcher Heights. For several years the park has been in poor condition but kids are always playing in the park. Kirk Haines was quoted as saying neither yes or no to the fence. Calls have also been placed to Cathy Carlat. The appropriate steps were not taken. Meritas took action without approval. They put up the fence at their own risk without following the proper procedures. As a citizen, I cannot install a fence in my front yard without City approval. My HOA would hang me if I did not have prior permission. The City will lose all authority if private citizens can do what they want. Also, the fence is supposed to be for safety but there are huge gaps. It is essentially useless at this point unless gates or other features are installed to close the gaps. City officials should not stand by and let this happen without the proper authorization. It was an inappropriate move for a private organization. Can we have a tally of the votes? Ellen Berkson feels that this instance makes the City look bad. The City seems to not be telling the truth now. The City states that the original easement agreement is interpreted as a barrier for Meritas when the original document just talks about a barrier. Mr. Kemp at one point had stated at the City Council meeting that Nobel wanted to put up a fence and they were told no, no obstructions. The fence actually belongs to the City because it is a fixture to the public land. The City should take the fence down and move it. The City should let the school and everyone else know you don’t enclose public land. The school is not playing fair. Chair, Gregory Jones, closed the public hearing at this point. Board discussion and questions for the City staff followed. Carnell Murrell asked what the time frame was from the point of initial request for the fence to the time when the fence was physically installed. Kirk Haines responded that the request came from the school around the end of November. The fence was installed approximately the end of December making the time frame about three weeks. Carol Ulshoeffer asked about the issue of the speed bumps. Chair, Gregory Jones indicated that this issue is separate and will have to be brought before the Board at a later date. J.P. de la Montaigne is to relay this information to the City Traffic Engineer and get back with the Board on the outcome. Chuck Fitzgerald stated that there seem to be two issues here. One is the issue of the fence and the other is the issue of how the situation was handled. We cannot address the way the situation was handled, this is a separate issue. Chair, Gregory Jones gave some comments and thoughts that came up during the public hearing. The Chair stated that the Board understands this issue is near and dear to the residents’ hearts. If it is recommended that the easement is changed, signs should be put up in the park stating it is a public area. The Board should also look at future costs for operations and maintenance. Gregory Jones also questioned the typical size of neighborhood parks and their locations. J.P. de la Montaigne responded that parks are set up approximately every square mile and are typically 7 to 15 acres in size. Chair, Gregory Jones responded that this park is smaller than the typical size and the Board should look at future consideration for additional amenities to the park. The fence, as it is now, is an issue with the large gaps. Chuck Fitzgerald agreed that the gaps should be closed. The fence seems as if there are parts missing. Carnell Murrell stated that the current gaps are where the gates once were. There needs to be a barrier of some type. Chair, Gregory Jones stated that when giving a motion the Board can recommend revisions to the fence. The Board does not want to diminish the aesthetics of the fence. Chuck Fitzgerald made a motion to recommend to the City Council to keep the fence at Fletcher Heights North Park and to have staff look at how to augment the fence to complete it. Carnell Murrell seconded the motion, and, upon vote, the motion carried unanimously. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) Various audience members spoke regarding coloring and design of the fence. Amenities at the park were also brought up due to neighboring houses receiving requests from park users for water and restroom use. Audience members also addressed traffic issues. A lot of traffic short-cuts through the neighborhood to avoid the light at 83rd Avenue and Deer Valley; speed bumps should be looked into. REPORT FROM STAFF: J.P. de la Montaigne stated that the next City Council meeting is March 4, 2008. However, the earliest the Board’s recommendation can be presented is the Council meeting on March 18, 2008. REPORT FROM BOARD MEMBERS: Carnell Murrell stated there is an influx of off-leash pets in his neighborhood park in Terramar. This occurs at approximately 5:30 to 6:30 p.m. and would like Park Rangers to address this issue. ADJOURNMENT There being no further business to come before the Board, Diana Bedient made a motion to adjourn. Carnell Murrell seconded the motion and the meeting was adjourned at 8:45 p.m. Gregory Jones, Chairperson Heather Cammarata, Secretary