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Regular City Council Meeting — 02/09/04 DRAFT Minutes - Page 22 Councilmember Schroeder sought comment from City Attorney Anderson regarding liability or risk to the City for the fencing around the fields when the gates are locked, with people attempting access. City Attorney Anderson noted that there would be some liability exposure under trespasser standards, but certain situations would provide for immunity in Minnesota Statute, Chapter 466, for recreational areas and fences around recreational areas, and immunity under the law arising out of operations and improvements to facilities; concluding that there may be limited exposure, and expenses in defending any lawsuit. Mayor Klausing noted the need to prove negligence. Councilmember Schroeder noted that the Middle School fencing was only 4 or 5 feet high, with openings rather than gates, and didn't exclude anyone from the general public. Councilmember Schroeder suggested that temporary fencing could be considered, and questioned spending dollars needlessly; and further suggested more focus on programming the field, and not overextending their use. Mr. Brokke noted that the amount of time the fields would be taken out of use would be minimal; and while fencing was not an ideal situation, other ways to monitor use were challenging with limited staff and financial resources. Councilmember Kough sought clarification as to the purpose of the fences. Mr. Brokke clarified that it was simply in order to manage the turf, and could be solved with installation of artificial turf, but that proved cost-prohibitive at this point. Terry Callahan, 2721 Galtier Street Mr. Callahan spoke in favor of the concept plan, as a parent, Board member of the Roseville Area youth Foundation and a coach, noting that another option with fence installation was that one field at a time could be taken out of service to better manage the turf.