1990-01-09 Parks and Rec Comm Agenda PacketCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION COMMISSION
AGENDA
January � 1990 = 7:00 P.M.
1. Call to Order.
2. Roll Call.
3. Introduction of Stephen Hunter, new Parks and Recreation
Commissioner.
4. Approval of December 12, 1989 Minutes.
5. Verbal Updates
a. Referendum
b. Council Actions
c. Park Maintenance
6. Friendly Hills Tot Lot Wish List.
7. Discussion Items
a. Play Equipment Bids and Negotiations.
b. Park Name Signs.
�. Trails Under County and State Jurisdiction.
8. Adjourn.
CITY OF MENDOTA HEIGHTS
MEMO
January 5, 1989
To: Parks and Recreation Commission
From: Kevin Batchelder, Administrative Assistant'��
Subject: Friendly Hills Tot Lot Proceeds
DISCUSSION
At the December 12, 1989 meeting, the Parks and Recreation
Commission, at the direction of City Council, had discussed
possible uses for any proceeds derived from the divestment of
Friendly Hills Tot Lot. The Council will be holding a public
hearing with Friendly Hills residents on January 16, 1990 to
consider this divestment. (Please refer to the attached staff
memos, minutes and correspondence that details the history of this
agenda item.)
At the last meeting, the Commission had generated a
preliminary "wish list" and instructed staff to apply some cost
estimates to the items on the list. Guy Kullander will have the
cost estimates available for the meeting on Tuesday night. The
list as discussed is:
1. Knock off the top of the hill in Friendly Hills Park and build
a picnic shelter.
2. The light poles around Friendly Hills ice rink need replacing.
3. Bituminous trails.
4. A comfort station.
5. A new, bigger warming house.
6. The storm sewer improvements to the Friendly Hills ballfield.
7. Additional landscaping.
ACTION REQUIRED
Discuss the list of Friendly Hills improvements, their costs
and make a recommendation to City Council.
FRIENDLY HILLS TOT LOT Park Commission Chairperson John Huber was
present to review Commission
recommendations with respect to the
Friendly Hills Tot Lot. He reviewed a
letter from Attorney Sherman Winthrop
written in 1983 and read the declaration of
covenants. Mr: Huber stated that the 1989
referendum provides for improvements to all
of the neighborhood parks, however, no
money was provided for the tot lot, nor was
any intended to be provided. He informed
Council that an old swing set and one other
play apparatus exist on the tot lot and
both appear to be in poor repair. It was
the unanimous recommendation of the
Commission to recommend disposing of the
property and using the funds from the sale
to improve the Friendly Hills Park. The
Commission has a history of not wanting to
maintain tot lots, and the play structure
in the Friendly Hills park will be very
near where the tot lot is located.
Mr. Huber informed Council that the Park
Commission feels the most appropriate
method of disposing of the property would
be to option 3 recommended by Mr. Winthrop,
to initiate proceedings to clear title to
the lots.
Mayor Mertensotto stated that there are two
issues: dilapidated play equipment which
could be dangerous and presents a potential
liability, and that the tot lot area is
four residential lots. He stated that tot
lots do not fit into the park maintenance
scheme, and in this particular case, there
is a tot lot within 300 to 400 feet of a
major park where the tot facilities could
be duplicated and put to a wider use. He
informed Council that the problem is that
the City has title to four lots but there
are restrictive covenants stating that they
must be used for a public use for a 25 year
period unless 65% of the homeowners
petition to vacate. He suggested that the
play equipment be removed immediately, that
action to clear title be started, and that
if sold, the sales revenue from the lots be
dedicated to create a special tot lot area
within the Friendly Hills park. He
recommended that Council hold a public
hearing, with two week mailed notice to
Friendly Hills Rearrangement homeowners and
CITY OF MENDOTA HEIGHTS
MEMO
November 21 1989
To: Mayor, City Council and Acting City Ad trator
From: Kevin Batchelder, Administrative Assis an
Subject: Friendly Hills Tot Lot
DISCUSSION
Both the Citizens Park Review Committee and the Parks and
Recreation Commission have discussed Friendly Hills Tot Lot and
its old play equipment on numerous occasions. There is a general
concern with liability issues regarding the old play equipment.
(See attachment on liability hazards)
When the parks bond referendum was designed there were no
funds provided for improvements at Friendly Hills Tot Lot because
it was duplicative of the improvements proposed for Friendly
Hills Park.
With the removal of the play equipment because of its
liability potential and with no funds being provided for
improvement of the tot lot, the Parks and Recreation Commission
feels the best use of this land is to divest it and use the
proceeds for further park development at Friendly Hills Park.
In both 1980 and 1983 the City had considered divesting
itself of Friendly Hills Tot Lot. At the time, there was
neighborhood opposition to the City taking this action. Staff
feels that this is an appropriate time to reconsider divesting
Friendly Hills Tot Lot and brought this before the Parks and
Recreation Commission. (see October parks and Rec minutes and
attached City Attorney memo)
RECOMMENDATION
The Parks and Recreation Commission voted unanimously to
recommend that City Council:
1. Authorize staff to remove all the existing play equipment at
.-Friendly Hills Tot Lot; and
2. Bring action to clear title to Friendly Hills Tot Lot, sell
the land and authorize the funds to the Parks Fund.
CITY OF MENDOTA HEIGHTS
ATTACHMENT
November 2, 1989
To: Mayor, City Council and Acting City Administrator
From: Kevin Batchelder, Administrative AssistanL(�
Subject: Site Visit to Friendly Hills Tot Lot to Examine
Liability Hazards of Play Equipment
DISCUSSION
On November 2, 1989 Parks Project Manager Guy Kullander and
I visited Friendly Hills Tot Lot to examine the possible
liability hazards associated with the play equipment existing on
the site. The potential liability of this play equipment has
been a concern of the Parks and Recreation Commission for some
time.
hazards were found and will be listed below. In
Many
general, the equipment was rusty and in a bad state of repair.
There was no surface or base material beneath the equipment,
which exceeds todays height standards, only hard earth and grass.
I have attached some information from the U.S. Consumer Product
Safety Commission that explains why the following conditions are
liability hazards.
MONKEY BARS
1. Numerous protruding rusty bolts
2. Height
MERRY GO ROUND
1. Entrapment underneath a possibility
2. Rotting boards, splinters
3. No base material, only hard earth
4. Protruding rusty bolts
SWINGS SLIDE AND CHIN-UP BARS
1. Power lines directly overhead of swings (approx. 4 ft.)
2. Exposed concrete footings underneath play equipment
3. No base material, only hard earth surface
4. Approximately eight feet high
CONCIsUS I ON
Staffs conclusion is that this equipment is an accident
waiting to happen, and that for the safety of the public this
equipment should be removed.
losing balance. Other victims hit protruding
bolts, struck the slide rim and edge, or slipped
on the ladder and struck the steps.
Merry-go-rounds. Most of the injuries associ-
ated with merry-go-rounds resulted from falls
when children either lost their grip and were
thrown from the merry-go-round, fell down
while pushing it, or fell while riding it. In some
instances those who were pushing were struck
by the device. Those who fell while on the
merry-go-round either struck or were struck
by other gripping bars, or struck the base it-
self.
Seesaws. Although about one out of every six
Injuries occurred when the victim was hit by a
moving seesaw, most injuries resulted from
fails. In some cases, the victims were punc-
tured by long splinters from worn, poorly
maintained or damaged wooden seesaws.
Other. Other types of equipment involved in
Injuries were spring action riding equipment,
rope or tire swings, etc. Typically, falls contri-
buted to over half of the Injuries associated
with this equipment.
4, Planning a New Playground
Surfacing
As indicated In the preceding chapter on
playground Injuries, falls are the most com-
mon type of playground accident. Commis-
n studies show that the majority (from 60 to
70 percent) of playground -related Injuries are
used when children fall from the equipment
and strike the underlying surface. Nearly half
the injuries that result from falls are to the
head, and range in severity from minor bruises
to skull fractures, concussions, brain damage,
and even death.
Until recently, little Information was avail-
able on the relative ability of surfacing materi-
als to protect children from head Injuries re-
sulting from falls. Therefore, the Commission
sponsored research by the National Bureau of
Standards to develop a method for assessing
the energy absorbing characteristics of play-
ground surfaces and to test several commonly
used surfaces.
Analyses of the test results Indicate that,
whIle they may require little maintenance orre-
pair, hard surfacing materials such as asphalt
end concrete do not provide Injury protection
from accidental fall Impacts and are therefore
unsuitable for use under public playground
equipment. More resilient surfacing materials
such as bark, wood chips, or shredded tires, for
example, appear to provide greater protection
to a child in the event of a fall. However, these
materials require continuous maintenance to
retain their optimum cushioning effectiveness.
The choice of surfacing material will, of
courseI be based In part upon local conditions
and financial considerations. The following
descriptions of some surfacing materials and
the environmental conditions which affect
them are offered to help planners in weighing
the advantages and disadvantages of various
surfaces.
Organic Loose Materials (Pine Bark Nuggets,
Pine Bark Mulch, Shredded Hardwoo
NTHROP
ROBERT R. EINSTINE
THOMAS J. SEXTON
RICHARD A OEL
ROGER D. GORDON
STEVEN C.TOURCK
HART KULLER
AVID P. ARSON
THOMAS MEHART 3E
DARRON C. KNUTSON
DOUGLAS B. ALTM AN
WENDY I SON EGGE
MARK J. BRIOL
GIRARD P. MILLER
MICHELE O. VAILLANCOURT
MARY M. COLLINS
JON J. HOGANSON
ALAN L. DWORSITY
JAY R. NAFTZGER
W I N T H R O P, W E I N S T I N E & SEXTON
ATTORNEYS AND COUNSELLORS AT LAW
IB OO CONWED TOWEF
444 CEDAR STREET
SAINT PAVL� MINNES OTA SSIOI
April 19, 1983
Mr. Orvil Johnson
City Administrator
City of Mendota Heights
750 South Plaza Drive
Mendota Heights, Minnesota 55120
Re: The following described property situated in Mendota
Heights in Dakota County, Minnesota:
Lots 3, 4, 10 and 11 in Block 18, Friendly Hills Re-
arrangement.
Dear Orvil:
(612) 292-8110
You have inquired as to the right of the City of Mendota Heights
to dispose of the above property which is commonly referred to
as the Friendly Hills "Tot -Lot."
The property in question is in the name of the City of Mendota
Heights. According to our information, at the time of the
filing of the Friendly Hills Rearrangement Plat, a Declaration
setting forth certain covenants and restrictions was also filed
which provided that this property was to be used for a "play-
ground area or for development as a school location or for a
public park or for other public uses or purposes, all as may be
permitted under the zoning ordinances of the Village of Mendota
Heights, Minnesota."
The formal Declaration provides that the covenants and restric-
tions continue for a twenty-year period and then are auto-
matically renewed for successive five-year periods unless at
least 65 percent of the owners of the lots in Friendly Hills
Rearrangement agree to their cancellation or modification.
City of
1 Aendota Heights
January 2, 1990
Dear Friendly Hills Resident,
Please find attached a copy of.a notice of hearing for the
January 16th City Council meeting. Council ordered the informal
hearing after receiving a recommendation from the Parks and
Recreation Commission to bring action to clear title to Friendly
Hills Tot Lot, sell the land and authorize the funds to the Park
Fund.
The Parks and Recreation Commission made this recommendation
to the Council for several reasons. First, it is not the City's
policy to have tot lots because it is inefficient for the City's
park maintenance crews to maintain them. Second, Friendly Hills
Neighborhood Park, which is located adjacent to the tot lot, will
be receiving new play equipment as part of the recent parks
referendum. This park already provides the recreational needs
for the neighborhood and will soon be enhanced with referendum
improvements.
The existing play equipment in the tot lot was recently
removed as a result of City staff inspection and subsequent
determination that it posed a public safety hazard and potential
liability for the City.
Before any further action occurs, City Council wishes to
hold a public hearing with the neighborhood concerning the future
of the tot lot. The purpose of this public hearing would be to
review the proposal and inform the neighborhood. It will also
provide an opportunity for the residents to raise questions,
provide additional information and express opinions regarding
Friendly Hills Tot Lot.
Should City Council, following the public hearing, order
staff to clear title to the land and sell it, the likely outcome
for the parcel would be its development into four new single
family homes.
City Council has indicated they would like to see the funds
generated by any lot sales reinvested into park improvements at
the existing Friendly Hills Neighborhood Park. These
improvements would be in addition to those already scheduled for
Friendly Hills Neighborhood Park as part of the recent
referendum.
Additional information about Friendly Hills Tot Lot can be
obtained at the front desk at City Hall, or by contacting me at
452-1850.
Sincerely,
Kevin Batchelder
Administrative Assistant
1101 Victoria Curve •Mendota Heights, MN • 55118 452.1850
CITY OF MENDOTA HEIGHTS
MEMO
January 5, 1989
To: Parks and Recreation Commission
r'
From: Kevin Batchelder, Administrative Assistant/ el
���
Subject: Discussion Items on Agenda
On tonight's agenda we have three items that Parks Project
Manager Guy Kullander wishes to discuss with the Commission and
receive input on. They are the progress of the play equipment
proposals and the negotiations with the contractors, the placement
of park name signs and the constraints of the trails that are under
County or State jurisdiction.
Play Equipment Proposals
Since the last meeting, Guy Kullander has spoken with all the
play equipment contractors that had submitted proposals to the
City. In particular, he has discussed the proposals of Earl
Anderson, Inc. and Klein Co. with their respective representatives.
Mr. Kullander wishes to detail the outcome of these discussions and
proceed forward to City Council with a recommendation from the
Parks Commission. He will be prepared to outline a recommendation.
Placement of Park Name Signs
Mr. Kullander wishes to discuss the placement of the name
signs in the parks with the Commission. In order to accommodate
the proposed landscaping around the name signs, some of the
existing signs will have to be relocated. The name signs in the
new parks will have to be located. Also, Ivy Hills Park may need
two signs, one of which will have to be located.
Trails under County and State Jurisdiction
The City has contacted both Dakota County and the State of
Minnesota about the off -road trails that we have designated for
portions of their roads. Some sections of county or state roads
will be too cost prohibitive to place off -road and they are
suggesting that widening the shoulder may be more appropriate. Mr.
Kullander will present the constraints and discuss the options with
the Commission.
ACTION REQUIRED
Discuss the above items with Parks Project Manager Kullander
and make any appropriate recommendations.