HomeMy WebLinkAbout2D, Discuss Discarded City Park EquipmentEN HILLS
2D
Request for Council Review
Prepared By: Patrick Klaers, City Administrator
Work Session Date:
September 19,
2011
Discarded City Park Equipment
Discussion Topic:
Discussion regarding donating old playground equipment.
Supporting Documents:
1. Memorandum dated September 19, 2011, from Patrick Klaers, City
Administrator.
2. E-mail memo dated August 8, 2011, from Terry Maurer, Public Works Director.
3. E-mail memo dated August 3, 2011, from Amber Eisenschenk.
, It
EN HILLS
MEMORANDUM
DATE: September 19, 2011
TO: Honorable Mayor and City Councilme e
FROM: Patrick Klaers, City Administrator
SUBJECT: Disposal of Old Playground Equipment
Background/Discussion
Mayor Grant requested that this item be on this work session agenda. This discussion
item is the disposal of old City playground equipment that is being replaced. Attached
are parts of two League of Minnesota Cities (LMC) e-mails on this topic (one is fiom an
LMC staff member and one e-mail is from Terry Maurer that tells me what an LMC staff
member told him).
In 2011-12 the City plans to replace the playground equipment at Valentine Park.
Michelle Olson will be at this work session and can review with us the playground
equipment that will be available. Typically the City would require that the vendor that
gets the bid for the new playground equipment be responsible for the removal and
disposal of the old playground equipment. In this situation, Mayor Grant has asked if it
was possible for the old equipment to be donated to a Church (or a City?) that has a need
for equipment for its playground.
As you can tell be the LMC responses to our question, the donation of old equipment is
legal but the City should get a "sign -off' on any liability concerns. Additionally, the City
should not have any cost for this type of donation. A complicating factor could be if
more than one non-profit group requests the same equipment.
City Council Meeting
C:1Userslsonja.klingberglDcsktoplPlayground Equipment.doc
Page 1 of 1
RE disposal of old rec equipment.txt
From: Terry Maurer
Sent: Monday, August 08, 2011 2:40 PM
To: Patrick Klaers; Michelle Olson
cc: sue Iverson
subject: RE: disposal of old rec equipment
Pat,
I made the call to the LMC Research Dept for Michelle because of her workload.
The woman I talked to at the LMC knew the answer off the top of her head.
Cities may donate any type of equipment to another unit of government or a tax
exempt nonprofit but it must be by a formal action of the City Council. No
Mayor or city councilmember can make the decision on their own.
Terry
Page 1
From: Eisenschenk, Amber
Sent: Monday, August 08,
To: Terry Maurer
subject: LMC-Playground
Good afternoon Terry,
Donations.txt
[mailto:aeisenschenk@lmc.org]
2011 2:55 PM
Donation
one other thing the council should consider with regards to donating the
playground equipment to another organization is any liability that may result
if there is an injury. Consulting with your LMCZT representative or city
attorney can give you a better understanding of what the city should be
worried about and whether a liability agreement or other restrictions should
be required from the other organization.
The League's Public Purpose Expenditures memo discusses the right of a city to
make expenditures such as donations. Please consult with your city attorney
regarding what it the best mechanism for getting the playground equipment to
the organization by creating a contract or by selling it for nominal
consideration ($1).
sincerely,
Amber Eisenschenk I Research Law clerk
Tel: 651-281-1227 Fax: 651-215-4127
aeisenschenk@lmc.org I www.lmc.org
League of Minnesota Cities
145 University Ave. west I St. Paul, MN 55103
This response is intended to convey general information and should not be
taken as legal advice or as a substitute for competent legal guidance. consult
your city attorney for advice regarding specific situations.
Patrick Klaers
City Administrator
City of Arden Hills
1245 W. Highway 96
Arden Hills, MN 55112
(651) 792-7800
(651) 792-7810 direct
(651) 634-5137 fax
patrick.klaers@ci.arden-hills.mn.us
Page 1