HomeMy WebLinkAbout20091221 - VIII-C-3City of Hastings Parks & Recreation
920 W lOt~' St, I Iastings MN 55033
Ph: (651) X80-6175
Fax: (651) X37-5396
Web: www.ci.hastin;~s.~nrl.us
"Creating Community Through People, Parks, and Programs"
Date: 12/ 14/09
To: Honorable Mayor and City Council
From: Barry Bernstein, Parks and Recreation Director
Subject: Outlot J Skating Rinlc
Background:
On November 3, 2009, Parks Superintendent Kevin Smith and I were informed by City maintenance persomlel
working in the area that there was a hockey rink being constn~cted on City property (what has been referred to
as Outlot J.) Upon our inspection, Superintendent Smith and I observed grading of the property, placement of
pond hockey boards (approx. 4' high dasher boards) and a large pile of graded material in a water drainage way.
Contact was made with Charles and Angela Schiller, 3516 Greten Lane by me on December 2, 2009. After a
conversation with Angela Schiller, I informed them that they needed to remove this hockey rii~lc which was
reinforced by a letter sent from City Administrator Dave Osberg to the Schiller's.
Residents from the neighborhood attended the City Council meeting on Monday, November 16. After hearing
from the residents, the Mayor gave the direction to staff, NRRC and the Parks and Recreation Conuluttee of
Council to attempt to meet and resolve this issue if possible.
A meeting was held on Tuesday, November 24ti' between the NRRC, Parlcs and Recreation Committee of
Council, City Administrator Osberg, Legal Council Fluegel, members of the neighborhood and Parks and
Recreation Director Bernstein. At this meeting, several items were discussed and in the end, the City advised to
the homeowners a reconunendation from the League of Mimiesota Cities Insurance Tn~st to see if a "Group"
could obtain insurance independent of the City, name the City as an additional insured and indemnify the City
against any liability. Once the neighborhood residents received more information regarding a group obtaining
insurance, they were to contact the Director of Parks and Recreation.
After receiving information from the neighborhood that the homeowners association would not insure any
property outside of the association, another meeting was held on Tuesday, December 8ti' between the
neighborhood and the same representation from the City. At this meeting an assortment of ideas was presented,
some that were previously discussed and some new concepts.
What happens in the event that a volunteer(s) is injured while doing the maintenance work? There is additional
"Volunteer Accident Coverage" that can be obtained through LMCIT which can provide additional benefits to
an injured volunteer. I am attaching some information on the optional coverage. Regardless, if a person is
injured as a result of negligence of the City, its officials, employees or other volunteers, there will be coverage
under the City's liability coverage. The optional coverage would only apply where the City was not liable or
Civic Elrena Elquatic Center
2801 Iced Wir1a Blvd. 901 Maple Street
eh: ~65~) 4so 695 P1~: C65~) 4so-~39z
Fax: X651) 43~94o Fax: C65~) 435396
Youth First
920 W 10`x' Stt°eet
Ph: (657) 4so 678
Fix: (651) 435396
where liability was not clear. If directed, I could look into whether this additional coverage is warranted if the
City does not already have it.
Motion:
At the end of this meeting, the motion from NRRC Commissioner Dwight Smith was to recommend the
approval of allowing neighborhood residents to provide water for the flooding of a general ice riiilc on Outlot J
for the 2009-10 skating season subject to City Council approval and legal requirements being met, with the City
providing regular inspection and verification of proper maintenance by the volunteers. This motion was
seconded by NRRC Commissioner Steve Miller and passed unanimously.
Therefore, it is being reconunended to the City Council to proceed with this rink under the following
parameters:
• One year (season) operational agreement
• Volunteers who will be performing any maintenance will sign a waiver of liability
• No dasher boards
• No maiupulation of the property (excavating)
• No private lights permitted on City property
• Open to the general public
• City will only perform routine inspections and will not perform any maintenance of this rii~lc
• City has the authority to shut this rink down if maintenance does not pass inspection or for other non-
conforming infractions
• Possible installation of warning signs such as "Skate at your own risk"
• Any part of the skating facility should be a minimum of 10 feet from the nearest edge of the trail.
Thai~lc you !
City of Hastings
Natural Resources and Recreation Commission Special Meeting
Parks & Recreation Office
November 24, 2009 - 6:00 pm
Roll Call at 6 pm: Commissioners Flaten, Miller, Rohloff, Schommer and Vandehoef, Parks and Recreation Director Bernstein,
City Attorney Dan Fluegel, City Administrator Dave Osberg, Councilmembers Nelson, S1aVilc and Hollenbeck, Residents Angie
& Chuck Schiller and Sue Alfvebv
Absent: Commissioners Tessmer-Tuck and Smith
Private Hockey Rink on Public Property:
Background:
A packet ~~as passed out to all in attendance ~~ith the email from Angie Schiller outlining the residents' request to keep the
hockey rink along ~~ith photos. For the past four years, residents from the Century South neighborhood have created a hockey
rink on Outlot J, ~~hich they thought ~~as leftover land from the developer. Local youth and families have gained much
enjoyment from the rink and safety has always been a primacy concern, ~~ith helmet use required. The hockey boards and liner
are replaced as needed at the residents' expense. Hoses from four nearby homes are used to fill the rink once it gets cold
enough. Residents from all over Century South and other invited friends have used the rink.
Parks and Recreation staff ~~as out doing slu-ub/tree trimming on the adjacent trail recently and discovered the rink, ~~hich is
on City property. After conversations beri~een staff and the residents, a letter ~~as sent to the Schillers requesting that the rink
be removed. The residents complied ~~ith this request, but ~~ould like to ~~ork to~~ards a solution to re-build the rink. City
Council requested that the Parks & Recreation Committee of Council, the NRRC, City staff, and the residents have a joint
meeting to discuss this issue.
Discussion:
The City contacted the League of Minnesota Cities, ~~ho insures the City, regarding this issue. Dan Fluegel explained that the
biggest concern regarding this rink is liability if someone ~~-ere to get hurt. The City carries insurance ~~hich covers City
property/amenities that are being managed, maintained, and supervised by the City. This hockey rink ~~ ould not fall under
these parameters, as it is maintained and supervised by the local residents. The League of MN Cities stated that individual
homeo~~mer's insurance ~~ouldn't be sufficient, as the rink is not on private property. The City ~~ould like to allo~~ this rink to
continue in this location, but something has to be done to get proper liability coverage fast.
Residents mentioned an article regarding a rink on a pond in the City of Delano. The decision ~~as that the rink ~~as allo~~-able
as long as the City stated that they ~~eren't responsible for that area. Why isn't this case the same? The difference is that ~~ith
the hockey rink, improvements are being added to the land rather than a naturally occurring landscape. If people clear a pond
to skate on or use a hill to go sledding, this is a passive situation for the City. The City is not encouraging the activity by
adding improvements, and so the liability issues are different. The City's insurance ~~ould cover these situations as they-- are
considered normal City operations.
Options:
^ Century South Homeo~~mer's Association could enter into license agreement ~~ith the City for this parcel and provide
liability coverage for the hockey rink. This ~~ould be the quickest solution to the issue.
^ A group of neighbors could form an LLC, enter into a license agreement ~~ith the City, and provide liability coverage for
the hockey rink. This ~~ould also be a fairly quick process.
^ City could declare lot as excess property, advertise for bids, and sell property to a group of residents (LLC) for a
reasonable price. Then, the liability insurance may be taken care of by their homeo~~mer's insurance or they could get an
additional policy to cover it. This solution ~~ould take longer and ~~ould also involve the County assessing additional
property taffies to ~~hoever purchases the lot. Property o~~mership ~~ouldn't be able to transfer until at least after January 1~`.
Necessary easements and storm eater/drainage issues ~~ould have to be investigated fast.
^ City could put up an unmanned general skating rink on this lot. Issues ~~ith this are that the City has to do the maintenance
and supervision of the rink in order for it to be covered by our insurance policy. There is no access for our eater truck,
except the trail ~~hich isn't rated for that amount of ~~eight. This option ~~ould also mean that this rink becomes a public
rink like all the others in to~~m, and ~~ould have to be built, maintained, and supervised to the same degree as the other
public rinks. Budget concerns are also an issue as the City has already cut money from the rink budget over the past three
years.
Other Comments & Concerns:
^ NRRC Commissioners ~~-ere concerned that if the City ~~ ould agree to maintain and supervise this private hockey rink, it
~~-ill set a precedent for the future. Other residents may take similar action, not just for rinks, but for other amenities like a
skate park, a BMX track, etc. and then request the same treatment given to Century South residents.
^ Barry Bernstein stated that ~~-bile the City is very concerned about liability ~~ith this hockey rink, the residents involved
should be concerned as ~~e11. The association should also be concerned because if anything had happened at this rink, the
City ~~ould have had no choice but to get the association involved -their risk has already been increased.
^ Dave Osberg questioned if there ~~as a piece of private property that the rink could be placed on? There is a lot adjacent to
the current location, but it is ossmed by Greg J Homes and he is reluctant to allow the rink due to past legal issues ~~ith
accidents occurring on his vacant lots.
^ NRRC Commissioners and Councilmembers both mentioned the need to revisit the current practice of having one rink per
~~ard and also the location of current rinks. Need to make sure that they are serving residents in the best possible ~~ay.
^ Angie Schiller asked if they could just get people to sign ~~aivers. It ~~as explained that a ~~aiver isn't sufficient
protection; it just advises inherent risk in an activity. Liability coverage is still needed.
^ It ~~as mentioned that volunteer labor is used in other communities and also in the City of Hastings. Why can't this be
used for this hockey rink? The issue is the degree of volunteerism. In order for this to be covered under the City's liability
policy, it ~~ould need to be supervised and maintained by the City. The City ~~ould be creating a liability exposure if ~~e
say ~~e're doing these things, but it is actually being done by all non-City volunteers.
^ The concepts of "discretionary immunity "and "recreational immunity'' ~~-ere discussed. (i.e., a beach ~~ith no lifeguards
and ``sssim at your ossm risk" signs posted.) Dan Fluegel explained both concepts but stated that the only ~~ay the City
could claim recreational immunity if a situation presented ~~ould be if there ~~as a reasonable level of City
maintenance/inspection/supei-vision.
^ Could the City flood a general skating rink at an existing park, possibly Greten? Staff has already investigated doing this
at Greten Park, but there is insufficient space to create a general public rink that ~~ ould be up to the City's standards.
Action:
The residents are going to contact their homeossmer's association and hold a meeting to discuss the issue and the available
options. Once that meeting is scheduled, residents ~~i11 advise Barry of the date and then Parks & Recreation ~~i11 schedule a
folloss-up meeting ~~ith all currently present.
Thank you to all involved in trying to resolve this issue in the best ~~ay.
Adjourned at 7:33 p.m.
Minutes submitted by Kristin Behrens
City of Hastings
Natural Resources and Recreation Commission Minutes
Parks & Recreation Conference Room
December 8, 2009 - 6:00 pm
1) Roll Call at 6 pm: Commissioners Flaten, Schommer, Miller, Rohloff, Smith, Tessmer-Tuck and Vandehoef, Parks and
Recreation Director Bernstein, Superintendent Smith, Councilmembers Nelson, Slayilc, Hollenbeck and Schultz, Dan
Fluegel, Dave Osberg, Keith Graumann, Century South Neighbors
2) November Minutes: Motion to approve by Miller. Seconded by Rohlof£ Passed unanimously.
3) Setting Agenda: Director Bernstein removed "Joint Po~~ers Presentation" from the agenda as Don hramlinger ~~as
unable to attend
4) Departmental updates ~~-ere revie~~ed ~~ith NRRC members.
5) HYAA and Vets Park Youth Complex: HYAA recently approached Director Bernstein and asked about furthering
the idea of a youth complete at Vets Park. This complete is included in our Parks Comprehensive Plan and ~~ould have
60' bases and 225' fences. Barry told HYAA that to actively pursue any outside funding ~~e need to have a professional
concept plan. Brauer and Associates (the same consultants ~~ho did the latest Parlcs Comprehensive Plan) ~~ould be able
to do a concept plan of the youth complete for around $5,000. HYAA asked if the City ~~ould be able to pay a portion of
that fee, but Barry stated that in the City's current financial situation, ~~e ~~ould not be able to contribute at this time.
The HYAA ~~i11 be voting on providing funding for the concept plan via email and then ~~-ill let Barry lcno~~ the
outcome. Barry also mentioned that the property that the youth complete ~~ould be placed on currently belongs to the
Hastings Economic Development and Redevelopment Commission. He is attending the HEDRA meeting on Thursday
to request that the land be transferred to the City at no or logy cost so that the youth complete could be developed there in
the future. HYAA has committed to contributing financially to the development of this youth complete, although no
specific amounts have been given.
6) Outlot J -Century South Update: A recap of the last meeting regarding the hockey rink on Outlot J ~~as given. The
homeo~~mers had agreed to speak ~~ith their association about leasing/insuring the property or the possibility of forming
an LLC and getting a group policy to cover the rink. Director Bernstein received an email from Angie Schiller stating
that the association ~~as not ~~-illing to insure property they don't o~~m. Declaring the property as excess and putting it up
for bid ~~as another option that had been considered, but this process ~~ould take time and the residents ~~-ere concerned
that someone else might end up ~~inning the bid.
The residents asked about the insurance the City carries on other rinks. The City has liability coverage and the rinks
~~ould come under the City's umbrella. The City's insurance is tluough the League of Minnesota Cities Insurance Trust.
The City is not self-insured. City Attorney Dan Fluegel explained that if the rink is allo~~ed on City property, the City
~~ ould have to meet certain obligations in terms of maintenance and inspection. The residents asked ~~-hat the difference
~~ould be beteeen the sheet of ice at Cannon Park and flooding Outlot J. Staff explained that there are maintenance
items that staff does because Cannon is a City park. Outlot J isn't a park and the current setup ~~ith the hockey rink and
lights ~~ouldn't pass muster as a City facility. Dave Osberg asked the residents if they ~~-ere nosy asking for just flooding
a general rink ~~ith no other improvements (boards, lights, etc.) The residents stated that since time ~~as running short,
they ~~-ere hoping to at least have that for this season so that the neighborhood kids could have some~~-here to skate. The
City can't get a eater truck back to that property due to ~~-eight restrictions on the trail. Dan Fluegel stated that it maybe
possible for the flooding to be done by the residents if City staff does regular inspections. Councilmember Schultz asked
~~ho ~~ould shovel the rink -the residents or city staff? The residents are ~~-illing to do the shoveling if that is allo~~-able.
MOTION: Commissioner Smith motioned to recommend approval of allo~~ing neighborhood residents to provide
eater for the flooding of a general ice rink on Outlot J for the 2009-10 skating season subject to City Council approval
and legal requirements being met, ~~ith the City providing regular inspection and verification of proper maintenance by
the volunteers. Seconded by Miller. Passed unanimously.
Daye Osberg stated that he ~~-ill bring this motion before City Council on December 21~r. Councilmember Schultz also
mentioned that many cities have been dropping hockey rinks due to budget constraints, but that some cities are using
volunteer labor to continue the rinks. She ~~ould like Hastings to speak ~~ith these other cities and see ho~~ they are able
to use volunteer labor for the rinks. It might be something Hastings ~~-ill need to look at in the future ~~ith budget
constraints.
7) New Business:
Commissioner Flaten asked ~~hy the Wallin ~~arming house isn't open on Sunday nights. He said he has noticed
people using the rink on Sunday nights, but they've had to put on then skates outside in the snoss. Barry explained
that the department only has a certain amount of money budgeted for the ~~arming houses, and that traditionally
Sunday nights have been our lossest attendance numbers, so ~~e close the ~~arming houses at 6:00 pm on Sundays.
Brian asked ~~hy the ~~arming houses are kept open on bad ~~eather or very cold days -could they be closed then
and some of that money be used to have ~~arming houses open later on Sundays? Barry stated that ~~e like to at least
open the ~~arming houses during the advertised hours in case some children come to skate and don't realize the
~~eather conditions are dangerous. We do close early if ~~e have a large sno~~ event or the ~~ind chill goes belo~~ -25
degrees. Commissioner Vandehoef mentioned that Inver Grove Heights follosss a similar procedure ~~ith their
~~arming houses.
8) Old Business:
- Commissioner Miller asked about the Little League proposal from the last meeting. Barry stated that at this time, he
has received no further communication from this group.
- The ness~ trail behind the Industrial Park has been finished and staff has noticed lots of people using the trail. It is
being added to the ~~-inter ploss route.
MOTION to adjourn.
The newt meeting is scheduled for Tuesday, January 12th at the Parks & Recreation Office.
Adjourned at 7:10 p.m.
Minutes submitted by Kristin Behrens
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~,~.~.~~~ o~ CONN~CT[NG &. INNOVATING
INNESOT'A s1~1c:i ~~~~
~ITII~S
RISK MANAGEMENT INFORMATION
ACCIDENT COVERAGE FOR CITY VOLUNTEERS
Cities that elect optional accident coverage for city volunteers wi!! provide a benefit for
almost all city volunteers if those volunteers sustain an injury while doing work at the
direction of the city. This memo explains volunteer accident coverage, rates, benefits, and
options.
Who is covered?
This coverage automatically covers on a blanket basis almost all city volunteers who work under
the city's direction and control. Examples of volunteers covered under the policy include coaches
and instructors in recreation programs, volunteers working on acity-sponsored festival or
celebration, volunteers working on city construction and demolition projects, "clean-up day"
volunteers, etc.
Also included are volunteer members of advisory boards or committees that do not exercise
independent decision-making authority.
Who is not covered?
Most city volunteers will be automatically covered when the city chooses this coverage option.
However, there are certain volunteers that are defined as "employees" by Minnesota's workers'
compensation statute and are therefore not covered under this policy. Volunteers covered by
workers' compensation include volunteer firefighters, ambulance attendants, first responders, law
enforcement assistance volunteers, and emergency management volunteers. Since these volunteers
already are protected by workers' compensation, they are not covered through LMCIT's optional
accident coverage.
lz~ addition, the workers' compensation law gives cities learn More
the option to extend workers' compensation coverage to More on coverage options for
city officers such as elected and appointed officials, councils and commissions is in:
including members of the city council and members of . Workers' Com ensation
boards or committees exercising some level of Coverage}or City Officers
independent decision-making authority. To include
council or other city board rnenabers under workers'
compensation, the city must pass an ordinance or resolution to that effect. Since these volunteers
are eligible for coverage under workers' compensation, they are not covered in the volunteer
accident policy.
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IN SU IRAN ~ E TRUST s~r.:ynu~, ~1N ss~as-~ona ra~~ Fn~j~: (501 925-1122 wrn:ww~nc~nnc.n~i~;
What benefits will an injured volunteer receive?
The plan provides three basic benefits to covered volunteers.
1. ®isability benefit. A volunteer who is unable to engage in the activities of his/her normal
occupation because of an injuzy suffered while performing volunteer services far the city will
receive a disability benefit of $400/week for up to 26 weeps.
2. Death benefit. If a volunteer dies as a result of an injury suffered while performing volunteer
services for the city, a death benefit of $100,000 is paid to the vohinteer's survivors ar estate.
3. Impairment benefit. If a volunteer suffers a permanent impairment or disability as a result of
an injury suffered while performing volunteer services fox the city, the volunteer will receive a
lump sum payment as compensation for that impairment. Payments are based on the
percentage of disability, ranging from $750 fora 1 percent disability to $100,000 for 100
percent disability. The percentage of disability is determined in the same manner used fox
impairment compensation in the workers' compensation system.
4. Optional benefit. The city can add optional coverage for as much as $.1,000 of medical costs.
This limited medical coverage is intended to pick up relatively minor first aid costs. On more
serious injuries, it could also be applied to the costs that the individual would otherwise have to
bear under his/her own health coverage's deductible or co-pay provisions.
How much is the volunteer accident coverage?
The cost is based on the city's population, and is broken down as follows:
• The basic charge is $.085 per capita, subject to a minimum premium of $125 and a maximum
premium of $1,250,
• The additional cost to add optional medical coverage is 45 percent of the basic premium.
The expiration date of this coverage is coordinated with the city's LMCIT workers' compensation
coverage. For cities that add this coverage mid-term, the initial premium will bepro-rated.
What if I want to cover only volunteer members of city boards and committees?
If you only want to cover the volunteer members of city boards or committees and not all other
city volunteers, you can do so at a charge of $S.SO per person.
Why would a city purchase volunteer accident coverage? Aren't injuries to
volunteers already covered by the city's liability coverage?
Not necessarily. An injury to a volunteer would be covered by the LMCIT liability coverage only
if the city was legally liable for that injury -for instance, if an injury was caused by some
negligence by the city, a city officer, employee or another city volunteer.
As with any other tort claim, however, the city would not be liable for an injury to a volunteer if
the volunteer hirn/herself were more at fault than the city, or if the injury were simply an accident
2
that really wasn't anyone's fault. For example, a volunteer coach being hit in the head by a batted
baseball might be an example of an injury caused simply by accident that isn't anyone's fault.
The volunteer accident coverage protects the volunteer on a "no-fault" basis. Benefits
automatically are payable if the injury occurs while the volunteer is performing services for the
city, regardless of fault.
In addition, no-fault benefits also could help avoid litigation incases where fault lies with the city
for izxjury to a city officer, employee or volunteer. The injured person can receive these benefits
without being in an adversarial position against the city.
Of course, if the volunteer's injuries exceeded the benefits paid under this coverage and the injury
was due to city negligence, the volunteer still would be able to make a tort claim against the city
for those excess damages.
Why not offer a "voluntary workers'
compensation endorsement" to offer workers'
compensation benefits to volunteers?
The LMCIT Board chose this approach for several
reasons, including because it is:
• Substantially less expensive to provide than it is to
provide workers' compensation benefits. That's the
case because of the more limited scope of benefits
provided.
• Easier for a city to administer this coverage because
the city doesn't have to beep records of how many
hours were worked by how many volunteers, etc.
Your LMC Resources
If you have questions, contact any
of the following:
• Less risky for LMCIT and far LMCIT's other
members because it eliminates the problem of determining what the appropriate indemnity rate
is for an unpaid volunteer.
How do we obtain a quote?
Please complete the attached application and return to LMCIT.
Pete Tiitz 11/09
3
League of Minnesota Cries Insurance 'rust
Group Self-Insured Accident Plan for Volunteers
145 University Avenue West
St. Paul, MN 55103-2044
ACCIDENT PLAN FOR CITY VOLUNTEERS APPLICATION
City of
Please checl~ the coverages the city wants quoted.
Accident Plan for City Volunteers (includes coverage for members of advisory boards and
committees)
^ Basic coverage (no medical)
^ Basic coverage {with medical}
Accident Plan for Members of Advisory Boards and Committees Only (no coverage for other
city volunteers). Please provide the number of advisory boards and committees and the number of
members.
^ Basic coverage (no riredical)
^ Basic coverage (with medical)
if you have any questions, please contact Liam Biever at lbiever(c~lme.or~ or 651-281-1212; or
Barb Meyer at bmeyer(c~lin.aorg or 651-215-4173.
Signature
Title
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