HomeMy WebLinkAbout04-27-1993 PTRC Meeting Minutes PARKS & RECREATION COMMISSION AGEMCA
TUESDAY, AML 27, 1993
7:30 P.M.
CITY HAIL
Call to order/Roll Call.
V
J
Approval of the March 23, 1992, Minutes.
�3. council Report
4. 1992 & 1993 Park Development Update
/ 5. Status of Park Fund
1994 Priorities
6. Review Goals of the Board as Written by Members
7. Program Update
8. Miscellaneous Business
v/- May 15 Flower Planting
Trail Mileage
fBanners
summer Meeting Schedule
Relationship with Shoreview Board
*** PLEASE /CALL CINDY SEVERTSON AT 633-5676 IF YOU ARE UNABLE TO
ATTEND***
•
• MINUTES OF THE ARDEN HILLS PARKS & RECREATION COMMITTEE
TUESDAY, MARCH 23, 1993, 7:30 P.M. , CITY HALL
CALL TO ORDER:
The meeting was called to order at 7:36 by Chair David Sand.
ROLL CALL:
Present: Chair David Sand, Bill Guelker, Megan Ricke
Also Present: Council Liason, Dennis Probst; Cindy Severtson -
Project Director; Ed. Newsletter, Kate Huebsch; City Administrator,
Dorothy Person.
INTRODUCTION OF KATE HUEBSCH: (426-4012)
We discussed new Newsletter - It was requested that non-resident
user fee be better explained.
INTRODUCTION OF DOROTHY PERSON:
Ms. Person explained to us the city council' s action on John
Buckley' s early retirement on 3/12/93 . The issue of his
replacement was discussed. Members expressed concern about not
• filling the position in the near future. Dorothy Person gave us a
handout outlining how in the short term the city plans to handle
the void.
Dennis Probst explained the council ' s position on filling the void.
There is a uncertainty regarding the Arsenal property and we don't
want to hurry into a replacement. The retirement was unplanned.
John Buckley' s job description will be mailed to committee members
with the minutes.
COUNCIL REPORT:
The big news was John Buckley' s leave of absence. There was a lot
of discussion concerning the diseased tree program. Many
communities have discontinued their programs but Arden Hills wishes
to proceed with this program. There were 129 diseased trees last
year. T. C.A.A.P. discussions have continued to progress.
APPROVAL OF MINUTES:
Minutes of the 2/23/93 meeting were approved as mailed.
TENNIS COURTS:
Cindy Severtson continues to work with J. Ostlund on coordinating
an agreement for use of tennis courts. We need the agreement
• before we recommend to the city that the Indgerson Tennis Court
money be donated to Mounds View School District. Construction is
scheduled to begin in May.
PROGRAM REPORT.
Summer brochure should be out the 1st week of May including map.
INGERSON PARR ACCESS:
Dorothy Person will follow up on this.
FLOWER GARDENS:
Improvements to the gardens were discussed. We would like to
better maintain the gardens this summer and start upgrading next
year.
TRAILS•
David Sand asked whether we could improve the trail markings. He
also suggested we install some benches and trash baskets.
HONORING JOHN BUCKLEY:
David Sand suggested we consider some way to honor John Buckley for
his twenty years with the city.
• MISCELLANEOUS•
A letter was received from J. Miller regarding matters outside of
our jurisdiction. We will forward it to appropriate government
bodies and respond to him that we share his concerns.
Dennis Probst asked us to take action at the next meeting on the
Arden Hills Parks and Recreation budget for Capital Development.
Meeting was adjourned at 9 : 20 p.m.
• cindy\marmin
POSITION RESPONSIBILITY DESCRIPTION
. DATE: FEBRUARY, 1990
FUNCTIONAL CLASSIFICATION: PARKS AND RECREATION
POSITION TITLE: PARKS AND RECREATION DIRECTOR
------------------------------------------------------------------------
PRIMARY OBJECTIVE:
With the oversight and consent of the Council, develops and
periodically updates the general strategy for the City's parks and
recreation program. Translates strategies into specific programs,
developing and maintaining facilities and equipment to carry out those
programs so as to meet the needs of the citizens, within budgetary
constraints.
May exercise limited discretion in the oversight of employees,
expenditure of resources and execution of City policies. Incumbent is
expected to use this authority in a professional manner.
MAJOR RESPONSIBILITY AREAS AND TIME SPENT:
Time Spent
18.7`W 1. Coordination of Park and Recreation Department
activities and projects with other City departments
otter .7overnmental units and citizen grcups.
• 27._S% 2. Recommend parks and recreational areas and facilities
acquisition, develops physical facilities and
administers a maintenance and operations program for
City parks and facilities. Coordinate a trailwav
development and maintenance program.
05% 3. Administer diseased tree control program.
05% 4. Prepare and administer budget for department.
15.25% 5. Coordinate personnel system for hiring full and
part-time employees.
18.75% 6. Supervise all maintenance construction :roiects or
capital improvements in City parks.
05% 7. Purchase capital equipment and supplies for the
department.
05% 8. Perform anv other dut_es as directed or apparent
QUALIFICATIONS:
Must have a bachelors degree in Parks and Recreation or a closely
related field. Course work shculd include administration, landscape
• architecture, turf care, journalism, public speaking, and personnel.
. Should have a master's degree in Parks and Recreation or a closely
related field.
Must nave a minimum of five years increasingly responsible supervisory
experience in parks and recreation administration.
SUPERVISION/ACCOUNTABILITY:
This position provides general supervision for all employees in the
Park and Recreation department and the shade tree disease program.
This position has general accountability to the Mayor and City
Council.
STAFF AND PUBLIC CONTACT:
Extensive contact with staff from other departments and the general
public.
•
TASK STATEMENT
Major Responsibility Areas:
1. Coordination of Park and Recreation Department activities and projects
with City Council, City departments, other governmental units, citizen
groups and newspapers.
a. Participate in area-wide programs such as regional open space,
trail systems, etc.
b. Participate with other area recreation departments and community
education programs to insure coordination and eliminate dupli-
cation of effort.
C. Respond to citizen concerns regarding such things as clean-up
projects, programming, special use (July 4th), etc.
d. Communicate information via brochures, newspapers, public
appearances, and other media.
e. Supervise a recreation program through the Program Supervisor.
f. Coordinate the recreational program, maintenance and development
projects so that facilities and programs interface.
2. Recommends parks and recreational areas and facilities acquisition,
develops physical facilities and administers a maintenance and
operation program for City parks and facilities.
a. Negotiate and coordinate purchase of real estate for parks.
b. Coordinate with Council and staff to administer public use
dedication ordinance.
c. Coordinate use of school buildings with the Community Education
Depts. of School Districts 621 and 623.
d. Coordinate with Council, Parks, and consultants, the site plans
for all City park and recreational facilities.
e. Administer and manage all development contracts for work at City
parks.
f. Supervise and approve the construction of all projects. on City
park property.
g. Develop maintenance standards and a program to implement said
standards.
• h. Supervise the maintenance and operation of the parks, recreational
facilities, city hall and other outside City property through the
maintenance employees.
i Inspect condition of ail areas regularly for conformance to
standards and for health and safety.
j . Coordinate with City staff in placement and construction of
trailways.
k. Develop a maintenance program for trailways that exist or are part
of the comprehensive plan.
1. Supervise the maintenance of the trailways and easements including
blacktop, turf, landscape, material, fencing and accessory
structures.
3. Administer a diseased tree control program.
a. Maintain State Certification for tree inspector.
b. Comply with all state law and Dept. of Agriculture rules and
regulations.
C. Coordinate purcrase ana installation of all new trees planted
on public property.
�• d. Coordinate the public information system.
e. Coordinate the mid process Tor retaining a City contractor for
removal of trees on public and private property.
f. Act as the City Forester.
4. Prepare and administer annual budget for Department.
a. Analyze previous year's budget and gather information on projected
cost.
b. Using projected costs and administrative guidelines for budget
increases, prepare budget draft.
C. Review budget with Council and Clerk Administrator.
d. Make revisions as directed after budget adoption.
e. Develop and supervise the administration of revenue producing
programs.
f. Authorize expenditures from budget and revenue funds according to
general accounting practices and City guidelines.
•
. S. Coordinate a personnel system for the hiring of full & part-time
employees.
a. Coordinate personnel practices with the City system.
b. Supervise and authorize all personnel functions and record
keeping.
c. Coordinate in-service training for personnel.
6. Supervise all maintenance construction projects or capital improve-
ments in City parks.
a. Develop and plan for capital improvements.
b. Coordinate with consultants for plans and specs for capital
improvements.
c. Supervise the construction projects.
d. Authorize the completion and final payment for capital projects.
7. Purchase capital eouipment and supplies for the department.
a. Determine prcper equipment for application.
• b. Survey market for price and availability.
C. Let bids or secure price quotes.
,a. Purchase according to City guidelines.
8. Performance of any other duties as directed or apparent.
a. Attend staff and City Council meetings as required.
b. Prepare special reports for the Council and Clerk Administrator as
required.
C. Attend all Park Board meetings and act as liaison between Council
and Park Board.
d. Prepare the Park Board agenda and minutes.
e. Prepare research projects for the Park Board when required.
f. Write misceilaneous departmental policies and procedures.
CITY OF ARDEN HILLS
PARKS DEPARTMENT CAPITAL DEVELOPMENT
1993 1994 19% 1996 1 1997
ARDEN 1VOLLEYS LL CT
MANOR
ARDEN SWING PICNIC SHELTER PLAY EQUIP
OAKS Jj Sd d $4,500 4' $10,000
CUMMINGS PLAY EQUIP TENNIS COURT
$10,000 BBALL CT
TRAIL TO LAKE COLOR CT
$2.000 a3.500
FLORAL TENNIS COURT PLAY EQUIP
BBALL CT $10,000
COLOR CT
FREEWAY PLAY EQUIP HOCKEY LIGHTS $1,800
$10,000 $8,500
HAZELNUT PLAYERS SEC PLAY EQUIP TENNIS CT
FENCE $12,000 BBALL CT
$1,500 COLOR CT
INGERSON ICNIC SHELTER PLAY EQUIP $1,800
$5,325 $10,000
EST ACCESSI
$10,000 /
• LINDEYS PLAY EQUIP
PERRY All OCKEY RINK FFENCE
S SEC PLAY EQUIP $10,000
$4,800 P2/P3 $10,000
7'l+w �, . HOCKEY LIGHTS
ROUND $8,500
LAKE
ROYAL
HILLS PLAY EQUIP
SAMPSON $10,000
PLAY EQUIPMENT
VALENTINjE $10,000
WARMING SHELT.
$15,500
CHATHAM PAVE TRAILS PAVE TRAILS
OPEN $25,000 $25,000
CREPEAU PLAY EQUIP
$10,000
TRAILSATING WALK SEALCOAT TRAILS
$10,000 a30,000
C 00p_
FLOWERSWERS FLOWERS FLOWERS FLOWERS FLOWERS
BANNERS $1,200 $2,000 $2,000 $2,000
$2,000
GATEWAY BEDS
ARSENAL I $10,000
MOUNDS 26,625
• VIEW HIGH
TOTAL $61,950 $73,500 $81,000 $64000
W/O INGERSO (_$10,000) $62,000
ACCESS In
1992 Park Fund
Balance
12/31/91 $538, 000
12/31/92 $564, 300
1992 REVENUE
Projected revenue $73 ,400
Actual revenue $89 , 000
+ $15, 600
Actual exceeded projected amount because:
• Higher interest rates
• More contributions
• Money donated for banners and backstops
(LLLL)
EXPENSES
Projectd expenses $51, 523
Actual expenses $64,847
- $13, 324
• Proiects done in 1992
1. Some regrading of Perry #3 and #4 $ 2 , 000
(More needs to be done. )
2 . Trail paving Hamline to Floral $ 31, 000
Cummings to Hamline
3 . Backstop/hoods and fencing $ 4 , 000
(LLLL paid us $2 , 000. )
4 . Banners $ 5 , 834
(Donations covered $4 , 700
5 . Flower Gardens $ 1, 200
6. Trail maps $ 2 , 017
Subtotal: $ 46, 051
Misc. park upkeep improvements: $ 18 , 796
Total Expenses: $ 64 , 847
Proiects not done:
1. Part of Perry fields —
2 . Valentine ditches
3 . Grading and retaining walls
1993 PARRS & RECREATION COMMITTEE - GOALS AND OBJECTIVES
(As stated by the committee. )
1993 Goals & Objectives - (from 6 committee members present)
* 3 members - continue effort to acquire & develop
athletic complex.
* 4 members - continue phase program of asphalting
trails.
* 3 members - have monthly meeting to develop more
esprit-de-corp.
Other Goals:
* Develop a video on Parks & Recreation facilities
and programs for marketing on Cable T.V.
* Budget for snow removal on sidewalks and trails.
* Support Mounds View Tennis Court project.
• * Support winter celebration/fishing contest.
* Develop natural area.
* Research short/long term demographic trends for
facility and program planning.
a:CS426.doc
. 1993 Park Fund - Continued
Starting Balance: $564 , 300
Projected Revenue: $ 60, 300 (minimum approximate)
Expenses t�►r► e,�,*�.�
Capital Development Projects Amount
Arden Manor - remove tennis courtlila i a, $ 1, 500
- build sand VB court
Ingerson - Picnic shelter $ 5, 325
- West access CO $10, 000
Perry - Hockey rink ('h, w 4*aAd $ 4, 800
Trails - Bridge/Walkway $10, 000
- Benches -0-
Flower-Gardens $ 1, 200
SO 0
MouundS View High �A�(„School - Tennis Court $26�, 625
. Contribution
Total $61,950
w/o Ingerson S10. 000
$50,950
Additional Improvements needed for 1993 Amount
1. Cummings Play structure $ 1, 020
(new timbers and pea rock)
2 . Perry park
- fence off erosion area $ 150
- build drainage ditch to
stop further erosion
3 . Valentine Hills $ 120
- fence off construction
area for use of the
softball fields
Additional 1994 Considerations
1. Perry Park
- Fill in Perry #3 and #4
2 . Upgrade flower gardens
Park Fund - continued
Future Revenue & Spending
* Interest rates will probably hold around 4%.
On $500, 000 at 4%
a. $20, 000 interest each year
b. Park dedication fees will go down to approximately
$12,775 for 1994 and 1995 and then diminish to
zero unless we have future development.
C. Contributions should remain about $12 , 000 from the
Light Brigade, but that is also subject to change.
* We should establish baseline spending of $20, 000 and then
establish priorities with additional revenue that we may
receive.
•
You are Invited to the Retirement Party of
. John Buckley
Director of Parks and Recreation for the City of Arden Hills
When: Thursday, April 29, 1993
WHERE. Lido's Cafe Italia, 2801 Snelling Ave., Roseville
TIME: 4.30 - 6:30 p.m
A $10.00 contribution is requested to cover the cost of the party hors d'oeuvres
and retirement gift for John.
R.S.V.P. by Monday, April 26, 1993
Return RSVP and contribution to:
Mary Saarion
• 2401 Highway 10
Mounds View, MN 55112
We appreciate an early reservation but if you find that you have not rsvp'd but
wish to attend please come and pay at the door.
The John Buckley Retirement Party Committee: Frank Rog, Bruce Anderson,
Cindy Severtson, Maurie Anderson, Mary Saarion and Jerry Ha fleman.
-----------------------------------------------------------------------------------------------------
RSVP
Yes, I intend on attending John Buckley's retirement party, and my $10.00
contribution is enclosed
Signed-
Cj
REPORT
(. TUE ) APR (5. 1993 14 - 25
BRIGGS MORGAN
2060667168
T I I'VI E T 0 R E D
T I iiIE 7Y ( TUE ) A P R 6. 1 4 21 3
U FJ'A T 1 0 I'l.1
D D E EST I 1',.l T I C-1-.4
RE S I-J L T I .
P A(3 -p
P A E
E
BRIGGS AND MORGAN
Professional Association
2400 IDS CENTER, 80 South 8th Street
Minneapolis, Minnesota 55402
Telephone (612) 334-8400
Fax Numbers: (612) 334-8650
Please deliver the following 2 pages DATE: April 6 , 1993
(This count includes this cover sheet)
TO:
Kate Huebsch 426-6699
(Name) (Fax Number)
• Huebsch, Ink _
426 4012
(Company) (Telephone Number)
FROM:
David B. Sand (612) 334-8538
(Name of Sender) (Telephone Number)
Instructions or Comments: Kate: I hope you don't mind my
"editing" of the piece You wrote for the newsletter. Thanks for
giving attention to the Parks & Recreation Committee' s activities
If you have any problems receiving these pages, please contact us
at (612) 334-8520 and ask to speak with the FAX operator.
•
THE PEOPLE BEHIND THE POLICIES:
A Profile on the Parks & Recreation Committee
Arden Hills is fortunate to have an active and effective Parks & Recreation citizen advisory
Committee led by chairperson David Sand. The 11-member Committee coordinates and
recommends plans to the Council for development of the City's many park and trail facilities
and recreation programs. The Committee's involvement ranges from increasing the number
of paved public trails to commissioning the eye-catching banners that wave above the City's
downtown area.
Parks & Recreation projects are funded from monies accumulated through park dedication
fees negotiated with area developers. According to Sand, the Committee's goal is to spend
no more than the interest earned on the fund, the principal of which currently exceeds
$500,000. Maintaining a sizeable fund balance would allow the City to potentially finance
a future large project, such as the development of a sports complex with softball fields on
abandoned or acquired arsenal property.
In addition to Sand, Committee members include Marry Gillies, Bill Guelker, Lynette
Kreidler, Mark Labine, Mark Literski, Mark Majors, Don Messerly, David Moberg, Alan
Montgomery and Megan Ricke. Denny Probst serves as the liaison to the City Council.
• If you have any questions, comments or suggestions for the Parks & Recreation Committee,
please feel free to attend their monthly meetings (held at City Hall the fourth Tuesday of
the Month), or call City Hall at 633-5676 and ask for Cindy Sivertson or leave a message.
•
HUEBSCH INK
EFFECTIVE WRITING CREATIVE MARKETING
,SAX FOB
DATE • ` ��
FROM•
TOTAL PAGES _
• COMPriENTS
ttiv kj2tp
yat'ly-
oy
Questions about this fax? Call 426-4012. Fax: 426-6699
•
4583 SHADY LANE • ST. PAUL, MINNESOTA 55110 • PHONE 426-4012
` The Pe X. nd: .t1e Gi
A Profile on t e arks Recreation_ Committee
)� Arden Hills is fortun a to have an a ive and effective Parks &
Recreation fepartmen led by commit a chairperson David Sand.
b The 11-member comma ee coordinat and recommends plans to the
Council_ for the City's many park facilities and recreation
progra . The 11ill-u M-at ranges from increasing the number
of aved pub c trails to commissioning the eye-catching banners
£hat wave ove the City' s downtown area.
Parks Recreation projects are funded from monies accumulated
throAfgh area developers. According to, Sand, the
c itiitte �,,t,o spend no more than the interest earned
/on the fund, which exce4ds $500,000. would W
finance a large project such a the development of a
sports comple softball fields should the City acquire the
proposed ar•sen 1 pr ert .__ 4v,4
Tn addition to Sand, committee members inclu1de Mary Gi.11ies, Bill
G elker, Lynett� Kreidler, Mark Labine, Marl Literski, Mark
ajors, Don Mes erly, David Moberg, Alan Montgomery and Megan
Ricke. Denny Pr bst serves as the liaison to the City Council .
I�
If you have any 4uestions, comments or suggestions for the Parks
& Recreation com�ittee, please feel free to; attend their monthly
/
• meetings (held at', City Hall the fourth Tuesday of the month) . Or call City Hall at 633-6676'J�d leave a meson e.
i _7
��
U"
•
1993 PARK & RECREATION COMMISSION
2/23/93
(4TH TUESDAY)
iDavid Sand, Chair Mark Magers
1989 Jerrold Avenue 4521 Keithson Drive
Arden Hills, MN 55112 Arden Hills, MN 55112
636-4384 (h) 631-3298 (h)
334-8538 (w) 344-9695 (w)
636-9173 (w)
Mary Gillies
1736 Crystal Avenue Don Messerly
Arden Hills, MN 55112 3915 Fairview Avenue, N.
633-1564 (h) Arden Hills, MN 55112
633-7022 (h)
Bill Guelker 569-4937 (w)
1152 Benton Way
Arden Hills, MN 55112 David Moberg
484-6053 (h) 1611 Lake Johanna Blvd.
642-0348 (w) Arden Hills, MN 55112
636-2262 (h)
Lynette Kreidler
1518 Arden Vista Court Alan Montgomery
Arden Hills, MN 55112 1264 Wyncrest Court
633-7084 (h) Arden Hills, MN 55112
631-8309 (h)
Mark Labine 636-1036 (w)
1887 Beckman Avenue
Arden Hills, MN 55112 Megan Ricke
639-9424 (h) 1510 Arden Vista Court
644-1739 (w) Arden Hills, MN 55112
636-2217 (h)
Mark Literski 223-8000 (w)
1378 Forest Lane
Arden Hills, MN 55112 COUNCIL LIAISON:
636-5541 (H) Dennis Probst
451-4527 (W) 3395 Lake Johanna Blvd.
Arden Hills, Mn 55112
633-8225 (H)
373-6367 (W)
•
POTENTIAL LIABILITIES, STANDARDS OF CARE
AND PREVENTATIVE MEASURES IN HIGH RISK AREAS
PARKS AND RECREATION
•
John E. Hennen, Esq.
League of Minnesota Cities
St. Paul
i
289
•
Potential Liabilities, Standards of Care and Preventative
Measures in High Risk Areas
Parks and Recreation
OUTLINE
I . Standards of Care
A . Statutory Provisions
• 1 . Immunities - M.S. §§ 3. 736 (state ) and 466 . 03 (local
units of government )
a . §466 . 03 Tort Liability Immunities
( 1 ) §466 . 03 Subd. 1 . Scope "Section 466 . 02
does not apply to any claim enumerate in
this section. As to any such claim every
municipality shall be liable in accordance
with applicable statute and where there is
no such statute , every municipality shall be
immune from liability. " (substantially
similar to §3. 736 Subd. 3 applicable to the
state)
(a) §466 . 02 Tort Liability "Subject
to the limitations of sections
466 . 01 to 466. 15 every municipality
is subject to liability for its
torts and those of its officers ,
employees and agents acting within
the scope of their employment or
duties whether arising out of a
governmental or proprietary
function. (substantially identical
to M. S. §3. 736
subd . 1 )
•
291
• ( 5) Applicapability of statutory immunities to
any governmental entity that participates in
a self insurance pool is debatable after
Wesela v . City of Virginia, 390 N.W. 2d
2 5 Minn. App. 1966) , Minn . Sup . Ct . pet .
for rev . granted , pet . for rev . vacated,
2/2 / 7 .
2 . Recreational Use Statute - M.S. §87 . 023
it . an owner who either directly or indirectly
invites or permits wiothout charge any person does
not thereby;
a . extend any assurance that the land is sfe for
any purpose;
b. confer upon such person the legal status of
invitee or licensee to whom a duty of care is
owed;
c . assume responsibility for or incurr liability
for any injury to person or property caused
by any act or omission of such persons . "
✓ a. Statute not applicable to municipalities . See
Ho vet v . City of Bagley, 325 N.W. 2d 813 (Minn.
1982) .
b . Same standards as set forth in M.S. §87 .023
applicable to cities via M.S. §466 . 03 Subd. 6 (e)
• ( 1 ) immunity from any claim based upon the
operation or maintenance of property
intended to be used "as an open area for
recreational purposes . "
(2) "Nothing is this statute limits the
liability of a municipality for conduct
that would entitle a tresspasser to damages
against a private person.
(a ) Recreational Use Statute , applicable to
private landowners , M.S. §466 . 03 Subd 6
(e ) and M.S. §3. 736 Subd 3 (h) all
retain standard of care applicable to
tresspassers .
B. Standard of Care Owed to Trespassers
V 1 . Minnesota courts do not follow "attractive nusiance"
doctrine .
2. Minnesota courts apply negligence principles to
determine duty owed to protect trespassers .
a . Liability where there is a concealed artificial
condition which is likely to cause serious injury
•
293
Restatment of Torts 2nd)
• (2) In order to recover plaintiff must show that
all of the above factors are met . Hocking
v. Duluth Missabe & Iron Range R . Co. 263 Minn.
3, 117 N .W. 2d 304 ( 1982) .
(a) See , Marlow v. City of Columbia
Heights , 2 N.W. 2d 3 9 Minn. 1979 ) .
Water skier cut foot on sharp object in
lakebed near city boat launch. No
liability - Plaintiff unable to show how
long sharp object was in the lake and
therefore failed to prove lack of
resonable care in eliminating the
danger .
II . Negligent Supervision .
A. No duty to supervise play areas .
1 . However , if duty is assumed , reasonable care standard
must be met . Diker v- -CitY of St. Louis Park 268
Minn. 461 , 130 N.W. 2d 113 19
B. There is a duty to supervise children participating in
structured program.
• 1 . Liability will only exist where injury could have
been prevented by supervision. Most cases
concerning negligent supevision concern schools and
school playgrounds . See, Sheehan v. St . Peter's
Catholic School , 291 Minn. 1 . 188 N.W. 2d
1971 child injured by other unsupervised
children throwing rocks during a 4 to 5 minute
period of time. Accident would have been prevented
had any supervision been present .
2. Schools , and by analogy park program supervisors ,
required to exerci$e ordinary care to prevent
forseeable misconduct of students . Hamilton v.
Inde endant School Dist No. 113 355 N .W. 2d 182,
185 Minn. App. 19 ) citing, Raleigh v.
Inde endent School Dist. No. 625, 275 N.W. 2d 572,
57 Minn. 197
a. Question of whether or not additional
supervision would have prevented misconduct
is usually one for the jury.
C. Higher degree of supervision may be required for more
29S
(July/August 1985 )
• b . There is a recognition that children can fall off
almost anything and , that falling is not a
concealed danger . "Certainly a normal child
nearly seven years of age - indeed any child old
enough to be allowed at large- knows that if it
steps or sleps from a tree , a fence or other
elevated structure, it will fall to the ground
and be hurt . " Hocking v. Duluth , Missabe & Iron
R. R . Co . , supra.
1 ) fact that structure is easy to climb and
therefore easy to fall from is not
diapositive . See, Coon v. Kentucky and
Indiana T . R. Co. , 163 Ky. 223, 175 S. W.
325.
c . As more and more parks install sand or pea gravel
beneath playgroung equipment the more likely
the standard of care will change to require that
playground equipment installed on concrete or
asphalt play surface fails to meet current design
standards .
( 1 ) Example - Plaintiff injured when she fell
off slide onto dirt playground surface .
Other schools in area had asphalt play
• surfaces . Court held that evidence of other
surfaces admissible to show general custom
or usage and thath this evidence may be
considered on the issue of negligence . See
Bessette v. Enderlin School Dist. No. 22,
310 N.W. 2d 759, 763 N.D. 19 1
B. Negligent Maintenance
1 . General Rule
a. duty to maintain playground equipment or
apparatus in a resonably safe condition
,,. b. Failure to inspect premises or equipment may be
basis of liability for injury caused by faulty
conditions . See 37 ALR 3rd 738 .
c . "A city is not an insurer of the safety of
persons who make use of its park facilities. It
is required to exercise reasonable care in the
maintenance of its parks and in the supervision
of their use by the public. " E. McQuiliin, 18
Municipal Corporations ,.53. 112 at 580. See
•
297
1 . See Anderson v. Stream, 295 N .W. 2d 595 (Minn .
• 19$0
V. Liability Waivers
A. Used for participants in Parks & Recreation Programs
v 1 . Waiver will not automatically prevent suit .
a . Exculpatory clauses are not favored by courts and
are often held to be unenforceable , especially if
not clearly set forth.
2. Requirements for an "enforceable" Liability Waiver
a . Freely entered into by both parties
( 1 ) Participation in program voluntary rather
than required .
b . Equality of bargaining power .
( 1 ) Can program or service or reasonable
equivalent be obtained elsewhere?
C . Waiver not contrary to public policy.
( 1 ) Waivers for essential public services i .e .
fire or police protection, sewer and water ,
most likely to be deemed contrary to public
• policy. Parks and Recreation waivers unlikely
to be contrary to public policy unless you
require signature on waiver form before kids
can play on playground equipment .
3. Liability Waiver forms much more effective in
preventing claims based on active rather than passive
negligence (liability waivers for participants rather
than spectators of an event ) .
4. Even if a liability waiver is not strictly
enforceable it can be used as strong evidence of
assumption of risk .
5. Modify Waiver forms to meet individual needs . Do not
use some other city' s forms unless you are satisfied
that they are suitable for your use .
VI . Preventative Measures in High Risk Areas
A. Guiding Principle - "An ounce prevention is worth a pound
of cure"
B. Parks and Recreation Equipment
299
than in watching the diving area .
• 4. Principles applicable to all areas
a . Keep accurate records - "just the facts"
b . Keep regular records
c . If you are going to do something do it right
( 1 ) Adequate supervision for recreational
activities
(2) Take no "short cuts" in remedying known
defects
d . Reward employees and volunteers who consistently
do a , b , and c above .
LOSS PREVENTION QUALITY CIRCLE
PROACTIVE ACTIVE
• - Maintenance and Inspection - Training and
Policies and Procedures Supervision
Support all Policies and
Procedures
1 . Demand that forms or
checklists be completed
2. If it needs fixed -
fix itl
REACTIVE
- Evaluate , discipline and
reward employees who do or do
not engage in proactive and
active loss prevention
programs .
•
301
SAMPLE FORM
City of
• Complaint Fora
Date :
�o:nplaint :
Address/Area :
Complaint/Adaress :
• Reported Tv : Date :
Action Taken :
Date :
Verification : Date :
Follow-up : Date :
Additional Action :
Recoraed
By :
• All supporting data attacheC
303
SAMPLE FORM
ARK
INSPECTOR DATE
L
Look for: Loose fasteners/footings, sharp surfaces, ,sodmetCing parts, surface
problems, vandalism, litter, splitting/decaying
SPLAY COMPONENT OK PROBLEM - DESCRIBE CORRECTIVE ACTION TAKEN DATE
Mainstructure
Regular slide
Spiral slide
(Tube slide
Tire swing
Belt swing
Chain Ladder
"Monkey" bars
Rinq bridge
wood bridge
Metal Arch Climber
Wood Arch Climber
• Tire Climber
Trawl Tube
Arch tunnel
Log roll
Chinning bar
Trolley ride
Firepole
Balance Beam
Rope net
Rope walk
Chain walk
Merry go Round
Swin set slide
Climber - free Stan
"Dish" ride
Diggers
Header
Surface material
Rcfuse/Hazards
Inc
✓VJ
LIABILITY WAIVER
CITY OF
PARTICIPATION AGREEMENT
' • I agree that my son/daughter
(Name) (Age) can participate in the
(Event) program sponsored by
the I understand that my
sons/daughter ' s participation in the program is completely
voluntary and that the program is being offered as an optional
activity for the benefit of the participants and that my
son/daughter is not required to participate in the program.
LIABILITY FOR ACCIDENTS
I agree that all activities undertaken by my son/daughter as
part of the program are undertaken by him/her at his/her sole
risk and that the City of 11 shall not be liable
for any.'claim, demands, injuries, damages , actions, or causes of
action whatsoever to me or to my son/daughter or to his/her
property due to the passive or active negligence of the City of
, its servants , agents , or employees
arising out of or connected with my son 's/daughter ' s
participation in this program and that on behalf of myself and my
son/daughter I expressly forever release and discharge the City
of , its servants, agents, or employees , from
all such claims, demands , injuries , damages, actions, or causes
of action whatsoever.
•
Dated:
(Signature) (Parent Guardian)
Address
Home P one Wor P one
Person to be contacted in case of
emergency if other than if
parent/guardian.
I agree to participate
in the program subject to Name
the conditions set forth
in this agreement.
Address
(Signature of Participant Home Phone Work Phone
if 18 years of age or older)
307