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HomeMy WebLinkAbout9B, Discarded City Park Equipment lt ,ARENJ,HILLS Request for Council Action 9B ............ . 11 , .11111"., . ,. . ...",' 'll.l.I.................... Prepared By: Terry Maurer, Public Works Director Council Meeting Date: April 30,2012 I �I Discarded City Park Equipment Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Recommendation: � I Staff requests that the City Council decide if they would like to donate the old play structure from Valentine Park and if so, take action to name the specific organization with a contingency that the organization execute a liability release as determined by the City Attorney. Supporting Documents: 1. Memorandum from Terry Maurer, Public Works Director. 2. Packet and minutes from the September 19,2011 Work Session. i lt EN HILLS MEMORANDUM DATE: April 30,2012 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Terry Maurer, Public Works Director 4t SUBJECT: Discarded City Park Equipment Background At the September 19, 2011 Council Work Session the idea of donating used City equipment to a church or other governmental agency was discussed. The League of Minnesota Cities staff was consulted and they indicated that a City may donate any type of equipment to another unit of government or a tax exempt nonprofit, but it must be done by a formal action of the City Council. The League also recommended that the City get a"sign-off' on any liability concerns from the agency accepting the donation. At the September 2011 Work Session the Council consensus was to allow the donation of the used play structure from Valentine Park, but no further decisions were made because the Valentine Park project had to work its way through the process. Attached is the Council packet and the minutes from the September 19, 2011 Work Session. Now that bids have been considered for the Valentine Park Improvement, if the Council still wants to donate the old play structure it would be appropriate to take formal action naming the specific organization to receive the equipment and to make receipt of the equipment contingent on executing a liability release acceptable to the City Attorney. Given the size and the weight of pieces of the old play structure, I would suggest that City crews be used to dismantle it and load it on to a trailer provided by the recipient. If the recipient would like to provide some volunteers to help with the dismantling and to learn how the structure goes back together that would be fine. Council Action Requested It is requested that City Council decide if they would like to donate the old play structure from Valentine Park and if so, take action to name the specific organization with a contingency that the organization execute a liability release as determined by the City Attorney. City Council Meeting P:\Admin\Council\Agendas&Packet Information\2012\04-30-12 Reg Mtg\Packet Information\4-30-12DiscardedParkEquipment.doc Page 1 of 1 WIZEN HILLS Request for Council Review 2D ................ ..................... Prepared By: Patrick Klaers, City Administrator Work Session Date: September 19, 2011 Discarded City Park Equipment Discussion Topic: Discussion regarding donating old playground equipment. SupportinE 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. I ,.t EN HILLS MEMORANDUM DATE: September 19,2011 TO: Honorable Mayor and City Councilmembers 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 from 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 P:\Admin\Council\Agendas&Packet Information\2011\9-19-11 Worksession\Packet InformationTlayground 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 Kl aers; 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 ponations.txt From: Eisenschenk, Amber [mailto:aeisenschenk @lmc.org] Sent: Monday, August 08, 2011 2:55 PM To: Terry Maurer subject: LMC-Playground Donation Good afternoon Terry, 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 LMCIT 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 14S 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 ARDEN HILLS CITY COUNCIL WORK SESSION—SEPTEMBER 19, 2011 14 Councilmember Holmes stated there has always been a bridge to the park. Public Works Director Maurer explained the bridge is already there in a different location and is an important amenity. Councilmember Holmes recommended the two bituminous trails be eliminated. MOTION: Mayor Grant moved and Councilmember Holmes seconded the motion to extend the meeting to 9:00 p.m. The motion carried unanimously (4-0). Mayor Grant stated he wants to see a financing plan, where the money is coming from, and a reduction in the total cost. Public Works Director Maurer stated that if the Council is comfortable with it, Staff will proceed with final design and a bid package, talk with Rice Creek Watershed District, and then bring the proposal back to Council for further consideration. After some discussion, the Council consensus was to direct Staff to proceed with final design, the financing component, and detailed cost estimate for Concept Plan 1 and bring it all back to the Council for further consideration. D. Discarded City Park Equipment Mayor Grant explained that his church has asked if the playground equipment being replaced at Valentine Park can be donated to the church and then given to the City of Pelican Rapids. He stated the City Attorney researched this issue and determined that the City can make such a donation if approved by the Council and the church signs off on liability issues. He added that the church members have offered to take down the equipment themselves. Parks and Recreation Manager Olson stated the contract removing the equipment would charge $750 to remove the existing structure and the City would save that amount if the church does the tear-down. The Council consensus was to allow the donation of the used equipment from Valentine Park. 3. COUNCIL COMMENTS & STAFF UPDATES Mayor Grant asked for an update on Sand Companies. Councilmember Holmes stated they are waiting to hear about their housing credits. Mayor Grant asked when the Council will see the PCI ratings. Public Works Director Maurer stated they have the ratings which they will review and add to the Council's October Work Session agenda. Mayor Grant questioned the status of Select Senior Living.