Memorandum 16-160 Jack Gist Park Noise Concerns

Memorandum 16-160

TO:                       MAYOR WYTHE AND CITY COUNCIL

CC:                        KATIE KOESTER, CITY MANAGER

FROM:                  PARKS, ART, RECREATION AND CULTURE ADVISORY COMMISSION

THRU:                  RENEE KRAUSE, CMC, DEPUTY CITY CLERK

DATE:                   SEPTEMBER 21, 2016

SUBJECT:           JACK GIST PARK NOISE CONCERNS        

The Commission discussed and reviewed the issues presented by two property owners that have property that borders the backside of Jack Gist Park at their regular meetings held on June 16, 2016, August 18, 2016 and September 15, 2016 at the request of Council member Lewis.

At the June 16, 2016 regular meeting there was comment provided by two property owners that have property located adjacent to the lower or southern end of the park and borders the first four tees and baskets of the Disc Golf course installed four years ago by a group of volunteers on approval by Council. The complaints ranged from general noise to loud expletives, noise from the players throwing the Frisbees at the baskets directly behind the property owner’s home irritating their dogs causing them to bark incessantly, people in the park after hours and lack of police presence/enforcement.

At the August 18, 2016 regular meeting the Commission entertained testimony and public comment by several members of the public, the Disc Golf Club and one property owner. It was apparent that there were several issues notwithstanding the general complaint of noise and foul language funneling down towards the property owners.

After lengthy discussion the commission made the following recommendation to change the park operating times, closing the park at 10:00 p.m. and installation of additional signage to include the closure time, being mindful of neighboring property owners and the use of foul language and loud noise. It was requested to postpone implementing these recommendations until notification was given to the Softball Association since they did not have a representative at the meeting.

At the regular meeting of September 15, 2016 the commission discussed and were informed that the Softball Association while not happy about the closure times would modify their schedules to comply with the new rules, the commission agreed to forward the recommendations regarding closure and signage  to Council and address additional remedial recommendations at a later date.

Following are the excerpts from the minutes of the meetings mentioned:

Minutes

June 16, 2016

Regular Meeting

D. Noise and Jack Gist Park Concerns

Chair Steffy introduced the item into the record. He reviewed the request from Council to facilitate a solution to the complaint. He noted that he has never visited the park. He referred to the mentioned privacy wall that was never funded and related a previous experience during his tenure as Park Manager in Fairbanks. He suggested following staff recommendation to encourage collaborative solutions with the Disc Golf Association.

Deputy City Planner Engebretsen suggested that if the commission decides to facilitate a discussion at the next meeting to invite Councilmember Lewis to attend.

Commissioner Lowney related her recollection of the prior history on this issue that has been before the commission three years ago. She did note that the commission recommended a natural barrier, to allow vegetation to grow and fill in an area between the residences and the Disc Golf course and that it should assist with diffusing the noise. She acknowledged that tees one and two are close to Mr. Arsenault’s house but that the distance of 50 feet is exaggerated. Commissioner Lowney has been on that course and personally could not see Mr. Arsenault’s home from the course. She sympathized with him, knowing what he has experienced as they have a basketball court just down from her home and when someone turns on the music late at night it can be a bit irritating. She additionally expressed concern with the temper Mr. Arsenault displayed and conducting a meeting with everyone and the commission’s ability to channel that aggression.

Commissioner Lowney expressed belief that the Disc Golf people need to address these complaints but that they are positive group of people, her nieces play and it is a positive thing but with some negative attached to it as with anything else. She recommended installation of walls around the tees to deflect the noise that the Frisbee hitting the baskets may help.

Commissioner Ashmun recommended more enforcement or patrols as it may be people who are at the park that are not playing Disc Golf. She is not sure what they can do regarding enforcement with their limited police force.

Commissioner Archibald opined the Mr. Arsenault had a valid complaint if the disc golfers are behaving in that manner. Staff recommended the commission exercising caution since there is no evidence that it is the disc golfers behaving badly.

The commission discussed possible solutions and approaches on handling this matter such as a neighborhood meeting which may or may not go smoothly due to the high tempers, recommend staff entertain discussion with both parties and clarification on specifics of the complaints such as time frames, does it happen during the day and on the weekends. Further factors is verbal assault, such as profanity, enforcement or rules, possible change in operating hours for the park and separate hours for the Disc Golf course and closure was discussed.

Commissioners recommended discussing and request the following:

- Can they police themselves or the course?

- Are the problems coming from the users/players on the course or just visitors to the park in general?

- Would they be amenable to changing the last tee time as 8:30 p.m.

- Earliest tee time 9:00 a.m.

- This is a public park

- Try these suggestions for the month of July through August meeting date then take further action if required at the August meeting

- Suggest closure during the week of the course.

- Relocate the baskets/tees that are located behind the residences

- Establish partial fencing around baskets and post notices of quiet times, please be considerate of neighbors, etc.

This item will be on the August agenda. Staff will invite members of all parties involved to attend.

Minutes

August 18, 2016

Regular Meeting

PENDING BUSINESS

A. Jack Gist Park Noise Concerns

Chair Steffy read the title into the record and summarize the background information provided by staff since several of the commissioners were not around the first time. He added that now the commission needs to discuss the conflict between the neighbors and the disc golf park. He noted that the first recommendation was the alteration of the park hours.

The commissioners discussed that the later hours are the issue and it is not so much scheduled use of the park but the unscheduled use later in the evening that presented a problem. It was noted that the usual quiet hours established for all parks should be applied to this park for consistency. Commissioner Lowney commented on the Arsenault report of all the noise generated from the park being an annoyance and that they could probably supply specific instances regarding the activities at those two holes closet to them but that closing at 10:00 p.m. would accommodate the ball players too. She also cited that changing the time is easily accomplished however they run into the issue of enforcement and maybe some assistance by the disc golf players with self-enforcement. The commission also discussed closing and locking the gate, and who would be responsible for closing and locking the park every night. Additional first initial actions would be improved signage such as replacing the map, larger, informational signage to alert the users to the close proximity of the neighbors, self-enforcement by the disc golf course users, installation of cloth baskets, alternate course for the summer season and relocating those two baskets.

Chair Steffy would like to address each recommendation separately. Noting he has not heard any opposition to the early morning hours. Chair Steffy wanted to make the motions separately taken on the separate merits so that it does not get shot down due to one portion of the motion.

LOWNEY/ROEDL – MOVED TO AMEND THE JACK GIST PARK CLOSING HOURS TO 10:00 P.M.

There was no discussion.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Chair Steffy then noted the next recommendation was to have an alternate course during the summer. He would recommend installing alternate locations for holes one and two. Staff recommended input from the Disc Golf Association players on the alternate course layout and relative costs. The commissioners suspended the rules to have a direct discussion with the members of the Disc Golf present on possible remediation that could be implemented to solve the problem.

Edan Badajos, speaking for the disc golf players, stated that the course was installed slightly different than that of the provided map, but that holes one through four were the same. He also stated that all the equipment, materials and labor was provided through sponsorship by local businesses, donations and volunteer efforts. There is still a core group that maintains the tees and baskets, clean up trash;   maintain the park areas that the course occupies and assists the city in clearing additional park land to prevent illegal camping. The initial investment costs for the tees and basket including the concrete was $1600. The baskets can be removed and transfer to another location. They would need funding for additional tee-pads and basket sleeves.

They are just slabs flush with the ground but not with rebar and could be relocated or removed if required but it would be simpler to build and pour new ones.

Mr. Badajos agreed with the hours but before implementing he like the softball people to be informed of the change since it would affect them.  As far as relocating the tee pads and holes there may be some changes that could be implemented especially if they could use the middle field which currently is not be used. The Homer Softball Association which he is a part of currently only uses the upper larger field.

Chair Steffy stated that he would want an official nod from the Softball association before using those fields. Commissioner Roedl inquired about the installation of sound barriers at about the same costs as it would be to put in those new tee pads.

Commissioner Lowney brought forward the concern of making decisions and then countering those decisions in the next discussion so would prefer to entertain all the discussion then take action by making appropriate motions. Chair Steffy acknowledged her concern and agreed to discuss then make the necessary motions.

Further discussion on the installation and use of sound barriers as far as the commissioner’s prior experience ensued. Commissioner Ashmun noted several remedies used at her last place of residence and nothing worked and they had the benefit of an engineer. She noted that short of putting in one of those walls that are used in major cities to combat the traffic sounds she is not sure anything would work. It was noted that it might just make the noise worse with noise bouncing off the wall from the other side and deflected back to the homeowner. Some points on the pro side of the barrier issue were the visual border, a show of good faith to abate that noise, aesthetics, location of walls could infringe upon the intent of the game to play where it lay, question as to walls needed at the pitching area or just the baskets, clearing additional areas to the west for replacement of those tees and baskets in question, funding issues to relocate those baskets, etc.

Commissioner Lowney cautioned the consideration of use of the middle field as there is only one field available and that would possibly compromise availability during tournaments. Further discussion on creating a dual usage for that area when not being used by the ballplayers ensued.

Chair Steffy inquired about dipping the chains in rubber coat or cloth baskets he is not sure if that will assist but it might lessen the noise where the dogs are irritated by the chains clanking together.

Commissioner Brann brought forth an idea that may not help in the short term but in the long term could offer an alternative location for those problem holes; there is a parcel of land that currently is for sale and the asking price is $69,500 which is higher than valued really in his opinion but they may be able to purchase through the Land and Water Conservation Grant. This parcel is 2.33 acres. It was agreed that this would be a perfect solution by the Disc Golf players present. Observation was made by Chair Steffy that would increase the neighbors too and maybe the problem. Mr. Badajos agreed that additional land would be very nice to add to the park.

Jon Sharp advocated implementing signage, public education and the closing time change and maybe more police presence. He did not support changing everything up just for one when there are so many more benefitting and after they have implemented some of those changes approach the property owner and see if those steps are helping.

Additional comments from Mr. Husz stated that there is already a gate, reported on the bums in the woods, more signage and police enforcement along with signage and additional police presence. Relocating the tees and pads can be done but at additional expense. The fact that there are bad apples out there ruining it for everyone is not right either. There is a group of people who use the course daily and weekly who have recognized each other and get to know each and it is not a club as much as a community enjoying the sport from all walks of life. They do have a Facebook page and good be a good start for public education. Mr. Husz did not agree with erecting walls and changing things up. He also noted that you could shout an expletive at any of the holes in the course and the property owner would hear them and it is just more of an issue of awareness.

Further discussion on reducing the number of holes during the summer, replaying the same holes to accommodate the property owner; this course is a certified course through PDGA so it qualifies for the two – three tournaments that are held at the park each year. The necessity of more police presence at the park to enforce current regulations including illegal camping, noise, etc.

ARCHIBALD/ - MOVED TO SEND A REQUEST FOR MORE POLICE PRESENCE DURING THE OPERATING HOURS OF THE PARK TO ENFORCE ILLEGAL CAMPING, NOISE AND OPERATING HOURS.

Motion died for lack of a second.

Comments and suggestions were made on the following:

- Police currently visit the park once a day usually in the evening hours

- that the issue is a two way street, illegal activities must be called in, that way there is a substantiation of the complaints. If there are no calls then the police or the city don’t know there is anything going wrong, that applies to all user groups. The calls can be made to the regular number.

- Confirmation that the time change recommendation will be forwarded through resolution to Council for approval.

- Signage is required, including in the budget request applies for the entire park listing the regulations

including immediate signage to make sure that users are aware of the noise issues/compliance

- Illegal camping

- Postpone recommendation to Council on hours until the Softball folks are notified of the intent to change the times

This item will be on the September agenda, Parks Maintenance will be requested to post additional signage regarding noise and regulations.

Staff requested that this item be on the October agenda to allow time to make all the necessary contacts.

The commission thanked the Disc Golf players for coming to the meeting and working with them to come up with some remedial action to solve the problem.

Minutes

September 15, 2016

Regular Meeting

PENDING BUSINESS

A. Jack Gist Park Noise Concerns

Chair Steffy read the title into the record and requested an update from Commissioner Lowney. She provided information on her response from the Softball Association, Jessica Marx. They expressed some dismay at having to make sure games ended at 10:00 p.m. but would try to amend schedules and comply with the rules. She advised them to bring forward their concerns before the commission. Commissioner Lowney expressed no concerns for the High School girls softball teams as they normally finish by 8:00 p.m.

Chair Steffy requested some input from Commissioner Sharp from the Disc Golf players. Commissioner Sharp reported that he made it a point to visit the park later in the evening and has more empathy for the noise concerns since at night it echoes like crazy. He witnessed visits by the Police, verbal expletives loudly being used and lots of open containers.

Chair Steffy inquired about the recommendations to have larger signage being supplied and installed by Parks Maintenance. Staff noted that they should be able to perform that task.

LOWNEY/ASHMUN – MOVED TO FORWARD A MOTION TO COUNCIL TO CLOSE THE PARK AT 10:00 P.M. INCREASE SIGNAGE THROUGHOUT THE PARK REGARDING THE CLOSURE AND THE NOISE LEVELS SECIFICALLY NOTICES AT TEES AND BASKETS ONE THROUGH FOUR.

A brief discussion ensued regarding posting notice as soon as possible even if it was hand painted plywood plus repairing existing signage. Commissioner Sharp noted that there is a work party planned for next weekend and repairing that kiosk is on the list plus he felt that they could address temporary signage regarding noise. Commissioner Hart advised the commissioners that Miss Koppen has advised her that the discs get thrown into her yard and people are coming into her yard which is actually trespassing. Commissioner Hart was informed that the property owner should post their property. Commissioner Sharp informed the commission that there is no delineation of the park boundary and he noted that they are very cautious on going into people’s property.

Further discussion ensued on getting signage regarding all the changes in regulations in relation to dogs, driving on beaches, etc. Chair Steffy inquired about assistance from staff on designs for signage.  Commissioner Lowney then requested that information in their next packet regarding signage and design choices. Staff explained that most of this signage is regulatory so the designs will be limited. Chair Steffy explained that he was understanding collaboration with Islands and Ocean.

Commissioner Lowney requested her motion to be read back for the commission. There was a brief discussion on what the signage was going to be. Commissioner Lowney requested amending her motion to just deal with the closure time change. Staff requested if Commissioner Ashmun was agreeable to the amendment. A response was unheard. Chair Steffy offered an amendment to the amendment that the closure is effective upon installation of signage. Commissioner Lowney did not accept the amendment since the Police has pointed out that the public is responsible to inform themselves of the regulations. Chair Steffy commented that he was looking at it from a public relations point of view and he knows that there is some volatility there regarding the property owner and wanted it to be “bubble wrapped.” Commissioner Hart brought up previous comments regarding Parks Maintenance personnel making signage and that they could use that until permanent signs were created and installed.

Ms. Krause advised the commission that they were off from the intent of the motion. Chair Steffy apologized for getting knee deep in Robert’s Rules and asked Commissioner Lowney if she would like to remove her motion from the table and offer a new motion on the closure. Commissioner Lowney removed her motion from consideration and requested Chair Steffy to offer a motion.

STEFFY/LOWNEY  - MOVED TO REQUEST COUNCIL CHANGE THE OPERATING HOURS FOR JACK GIST PARK TO CLOSE AT 10:00 P.M. AND THAT THE NEW CLOSURE TIME BECOME EFFECTIVE WITH INSTALLATION OF SIGNAGE REGARDING THE CLOSURE.

Discussion ensued regarding clarifying the intent of the motion to address closure time only including the signage. Also pointed out that temporary signage can be used until permanent signs are obtained and installed.

VOTE. YES. NON-OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Commissioner Lowney requested signage, designs and ideas for review and discussion. She requested input from Parks Maintenance Coordinator Otteson. Chair Steffy clarified that the signage previously discussed by the Commission to address all issues such as leash laws, vehicles, closure, etc.

Commissioner Hart wanted to make the recommendation to have a seasonal alternate course for the Disc Golf as a permanent course. She wanted it to be away from those property owners so they have a permanent solution.

Chair Steffy commented that the commission can address that as it stands with this memorandum there are a lot of unknowns and they need to work with the disc golf players as to whether it is permanent or seasonal alternate. They both have their merits.