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HomeMy WebLinkAbout12/05/1988 Park Board Packet PARK BOARD MINUTES December 5 , 1988 The regular meeting of the Lino Lakes Park Board was called to order at 7 : 01 p.m. , by Chairman Ray Johnson, Monday, December 5th, 1988 at the Lino Lakes City Hall . Members present : Chairman Ray Johnson, John Bauman, Ken Johnson, Bill Nissen, Bob Williams . Also present were: Councilmember Harold Bisel ; City Administrator, Randy Schumacher; and Secretary, Laura Elken. Members Absent : George Lindy. Candy Toffoli assumed her position at 7 : 15 . CONSIDERATION OF MINUTES Chairman Ray Johnson approved the minutes as written. DEVELOPERS PARK DEDICATION APPLICATION/Bill Nissen Staff has reviewed this application and felt this was a good policy to enforce. Randy Schumacher stated he has reviewed this and saw no major problems . Bill Nissen pointed out 2 typographical errors that need to be corrected. MOTION: Bill Nissen moved to present this Developers Park Dedication Application to City Council as part of the developers package. The Park Board will review this application annually for any changes or additions . John Bauman seconded the motion and the motion was approved unanimously. 7 : 07 Ray Johnson stepped down from his position. Ken Johnson assumes the chair. WOODRIDGE ESTATES UPDATE/Rick Carlson The Park Board recieved a letter showing cost "guesstimates" , and a map outlining proposed trail systems for the Park Boards review. Page 1 PARK BOARD MINUTES December 5, 1988 Ken Johnson expressed his personal opinion by stating that the trail system is a good idea, although he sees this as a partially finished trail system, with no connection or loop running through the development . Bill Nissen questioned the cost of a concrete sidewalk included in the proposal . Also, legal fees and survey costs are not usually part of the park dedication. Randy Schumacher stated that in the past actual construction costs have been included as part of the park dedication. If a tennis court costs $20, 000, thats what the city would use in lieu of the park dedication. Candy Toffolis concern was the high cost of maintaining the trail systems . Bill Nissen stated he likes the trail system idea, and feels it will enhance the development . Candy stated we should accept this proposal as our park dedication, but set a policy eliminating trail systems as part of park dedication in the future. Bob Williams and John Bauman both felt the Park Board should obtain easements for future trail systems, ask the developer to put a rough grade on the easements , and accept the money for the future development of these trails . This item was tabled until January 1989. Don Volk will have reviewed the figures , and state his feelings on this issue. The public hearing will be scheduled as planned for December 12th subject to Park Board approval . Park Board also directed Rick Carlson to meet with Don to discuss this issue further. GREATER CENTENNIAL PARK AND RECREATION PROGRAM UPDATE/Ken Johnson Ken did attend the last committee meeting. In the past Blaine budgeted an amount given to the community education program annually. Now, they are contributing that money to the Greater Centennial Park and Recreation Program. Page 2 PARK BOARD MINUTES December 5 , 1988 The school district has offered an office space and equipment , along with $2, 000 . If the committee works closely with the school district we may be able to obtain additional help from them. Bill Nissen suggested the possibility of staffing just 6 months out of the year. Ken Johnson stated this program will be requiring full year staffing, since several winter programs will be planned for children and adults . Harold Bisel feels we need this program, but wants the school district and Blaine to come up with an equal share. OLD BUSINESS ERICKSON PARK UPDATE Ken informed the board that a land dispute is still pending. Don Volk and City Engineer, Ron Stahlberg, met with the Developer and Grading Contractor on November 8th to discuss the time schedule for grading the park. After dicussing grading plans , and making some minor modifications, it was agreed that the developer would grade the park property. The fill needed would be excavated from the banks of the south water retention pond. Because of the type of excavation, freezing conditions would stop any excavating. The developer agreed that if the grading could not be completed this fall , as soon as the frost was out in the spring, grading would be completed. Randy Schumacher suggested that Don Volk speak with the City Attorney and draw something up granting us financial surety to protect the Park Board as . to the grading responsibilities . The board directed Don to give them a projected park dedication dollar figure and report this to the board in January 1989. RICE LAKE ESTATES : This development is under a legal dispute. Once this dispute is resolved it will go before Council for approval . NEW BUSINESS Page 3 PARK BOARD MINUTES December 5 , 1.988 Harold Bisel stated John Miller was very complimentary to the Park Board during the Council Communications Work Session held Saturday, December 5th. He commented on the boards ' foresight regarding the development of our parks and trail systems . ADJOURNMENT Ken Johnson moved to adjourn the meeting. Bill Nissen seconded the motion. Meeting Adjourn 8: 10 p. m. Page 4 MEMO RAND U"4 TO: Lino Lakes Park Board FROM: John Miller, City Planner DATE : December 23, 1988 SUBJECT: Subdivision Ordinance Amendment to Require Trails Background: Recently the Park Board has had some concern about improving the procedures used to determine park dedications . Some of this concern has been with trails especially when questions were asked about ordinance requirements . Don Volk and Randy Schumacher discussed this with me and I agreed to prepare a subdivision ordinance amendment that - would: 1 . Define trails, both as pedestrian and bicycle ways. 2 . Define the purpose of the trails . 3. Require locations of trails to be shown on plats . 4 . Determine the widths of the trail easements . 5. Require grading of the trails and placement of the base materials on the trail rights—of—way in addition to other park dedication requirements . 6. Require trail improvements be completed or included in the dveloper's agreement before final plat approval by the city council . Attached is a draft copy of that ordinance amendment for your review. If you will permit me an editorial comment . I think you' re right in track by requiring the developer to grade and gravel the trails in addition to paying the current park dedication fee. If you were to count trail costs as part of the park dedication I think you would get mighty few parks . I also like your idea to permit the developer some latitude in locating the trails so long as the trails start and end on the property as shown in your park plan. This accomplishes your ends and allows the developer to plan the landu-se as he sees best . Recommended Action: For ordinance amendments city council action is required. A recommendation from you for ordinance change would get the amendment on the council agenda. Please change the draft in anyway you think would better achieve your goals . CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. AN ORDINANCE AMENDING THE CITY CODE, SECTION 1001 THE SUBDIVISION AND -PLATTING ORDINANCE OF THE CITY OF LINO LAKES , BY ADDING PEDESTRIAN TRAILS AS REQUIREMENTS IN RESIDENTIAL AREAS . The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. of the City of Lino Lakes , Anoka County, Minnesota passed by the City Council on is hereby amended by amending Section 1001: DELETE: 1001 . 02 (15) Pedestrian Way - is a public or private right-of-way across a block or providing access within a block, to be used by pedestrians and for the installation of utility lines . ADD: 1001 . 02 ( 15) Pedestrian and or Bicycle Trail - is an easement or land dedication given to the city for the purpose of providing walking and/or bicycling areas to city residents. The trails shall provide recreational opportunity and also access to parks, natural areas, and public land in accordance with the city' s adopted trail plan. ADD : 1001. 05 Subd. 1 (3) (j) Locations and widths of all pedestrian and bicycle trails. ADD : 1001 : 08 Subd. 4 (3) Pedestrian and Bicycle Trails . Easements and dedications at least 15 feet wide shall be provided for pedestrian and bicycle trails. The locations will generally follow the recommendations in the city' s adopted trail plan. Exact locations of the trails, however, can be determined by the developer with review and approval of the Park Board, Planning and Zoning Board and City Council. ADD: 1001: 08 Subd. 6 ( 10) Pedestrian and Bicycle Trails. Grading of pedestrian and bicycle trails shall be required. Placement of base materials in accordance with adopted city specifications shall be the responsibility of the developer. The work and materials will be in addition to the park dedication requirements found in other sections of this Ordinance. DELETE: 1001: 13 Subd. 1 Improvements Made. No final plat shall be approved by the council without first receiving a report signed by the city engineer and the city attorney certifying that the improvements and construction of the land and streets together with all other necessary facilities in the plat have been completed and satisfactorily arranged in accordance with provisions of the _ __ .._regulations for land improvement and construction. In addition to construction on land and streets , the developer, as part of the final plat, shall install and pay for light poles, fixtures and street name signs as approved by the council for Lino Lakes and the utility company serving the location. Such installations shall be completed before the street is surfaced. ADD: 1001 : 13 Subd. 1 Improvements Made. No final plat shall be approved by the council without first receiving a report signed by the city engineer and the city attorney certifying that the improvements and construction of the land, streets , and trails, together with all other necessary facilities in the �-� plat have been completed and satisfactorily arranged in accordance with provisions of the regulations for Land improvement and construction. In addition to construction on land and streets, the developer, as part of the final plat, shall install and pay for light poles, fixtures and street name signs as approved by the council for Lino Lakes and the utility company serving the location. Such installations shall be completed before the street is surfaced. II. Same as above amended, said-Ordinance No. shall stand as initially passed and as previously amended. III . This ordinance shall be in full force and effect from and after its passage and publication according to City Charter. gassed by the City Council this day of , 1989. y"y Marilyn G. Anderson, Benjamin G. Benson, City Clerk-Treasurer Mayor UICI-AUU S. CAULSCN 7671 Old Central Avenue Fridley, Minnesota 55432 (612) 786-1218 - (612) 574-0544 December 20, 1988 Mr. Donald Volk City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Re : Park Fees - WOODRIDGE ESTATES Dear Mr. Volk, After reviewing the revised Preliminary Plat, I have put together an estimate of costs relating to the acquisition of land and rough grading of easements required to complete your future trail system. Land 4710 Sq' 1/10 Ac. $ 1 , 000 . 00 Grading & Compaction as per 2, 350 . 00 Grading Plan Contours Brushing and Tree Removal 375 . 00 $ 3, 725 . 00 Park Fee Contribution 69X400 $27, 600 . 00 Less Cost Trail System - 3 , 725 . 00 Net Park Fee Contribution paid at time Permit Applications are . 23 , 875 - 69 = 346 . 00 per unit Sincerely, Richard Carlson RSC: lh ,�,�• ,_,�,,,,-A,,) ,�TA TES wooD1 IQ/D GE 7UNT)' OF ANOKA •. C/r)' OF [.INO LAA'(ti <b ks \' 1 n 9 `Q NE �� / LANE v 'ter ��� � , / f pJ t a ¢ WWWO ro r ,�.�� li � �\ Imo(//•I c1j`� I �t / ,,,�w,,'..• ,..gar.....,.�..�.�,.,,. ..�,,.,... ,....,.. vlc/N/ry AIAP PLANNING AND ZONING BOARD December 14, 1988 Chairperson Dave Cody called the regular meeting of the Lino Lakes Planning and Zoning Board to order at 7 : 04 p.m. , Wednesday, November 9, 1988, at the Lino Lakes City Hall. Boardmembers present include: Chairperson Dave Cody, Boardmembers Elmer Crohn, Cheryl Nelson, Arlene Averbeck, Charles Prokop, Jeff Joyer, and Alan Irwin. Also present were: Councilmembers Harold Bisel , Bill Bohjanen, and Andy Neal ; City Planner, John Miller; and Secretary, Laura Elken. CONSIDERATION OF MINUTES Page 2 , An additional final paragraph under Rezoning for Harvey Cheesbrough should read: "No action was taken at this time pending Mr. Cheesbroughs decision. " Pg. 7 , paragraph 7 , is changed to read: "Tagg' s house has been on the church' s property for a number of years. However , rather than go to court over the ownership issue, . . . " Pg. 7 , paragraph 9, is changed to read: " . . . Elmer Crohn moved to recommend to City Council to accept the minor subdivision for Gethsemane United Methodist Church, Application #88-37 as presented, and that the smaller parcel with the house will be combined with the parcel to the north. . . " MOTION: Charles Prokop moved to approve the minutes of November 9, 1988 Planning and Zoning minutes as corrected. Ms . Averbeck seconded the motion, motion was approved unanimously. REQUEST FOR CONDITIONAL USE PERMIT FROM ADAMS OUTDOOR ADVERTISING, APPLICATION #88-38. Adams Outdoor Advertising has submitted two applications to locate billboards in Lino Lakes . One of the 45 foot high, lighted structures would be located in the northwest quadrant of Lake Drive and I-35W and the second would be in the northeast quadrant of County Road 14 and I-35E. The billboards would be located on a single steel pedestal . Page 1 PLANNING AND ZONING BOARD December 14, 1988 Chairperson Dave Cody removed himself from the board. He does know Mr. Graiziger well , he was an executive with Naglee and has a high reputation for excellence in the Advertising Community. Chairperson Cody conducted the hearing, but took no part in the voting. John Bodger, a Representative of Adams , stated his two applications do meet the city' s Ordinance requirements . He also said that in the outdoor advertising business , when the property does become developed, they would remove the signs . Graiziger and Bodger have purchased a parcel of land on the northwest corner of Lake Drive and 35W. This parcel is zoned General Business "GB" . The site located on County Road 14 is zoned Light Industrial "L-I" . Mr. Prokop requested clarification relative to Conditional Use Permits and the Sign Ordinance. The applicant feels that because he has met all city requirements, he should be eligible for the Conditional Use Permit . John Miller stated that the sign ordinance is concerned with distance from sign to residential property, things like that . Adams Outdoor Advertising has met all the requirements, although Mr. Miller felt the erection of the billboards would detract from the desireability of the land for the high-value commercial and industrial uses planned for those areas . The Economic Development Committee recommended that the application for the billboards be denied. Ms . Nelson stated she is not opposed to an outdoor advertising sign, just the locations in which Adams is requesting. " She also felt the billboards may detract people from looking at purchasing the land on or near the billboards . Boardmember Irwin felt the board should grant this Conditional Use Permit until the property becomes developed. Although he felt it might be a waste of time if construction will be done in the near future. MOTION: Cheryl Nelson moved to recommend to City Council denial of application for Conditional Use Permit for Adams Outdoor Advertising, Application *88-38 for billboard signs located in the northwest quadrant of Lake Drive and I-35W, and the northeast quadrant of County Road 14 and 35E. Page 2 n PLANNING AND ZONING BOARD December 14, 1988 Denial is based on findings from Section 5, Subdivision 5 , cohere it states " . . . the Council shall order the issuance of the conditional use permit only if it finds that such use at the proposed location: 2. Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the city and this Ordinance. 3. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. 5 . Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. Boardmember Prokop seconded the motion, motion passed with Chairperson Cody obstaining and Mr. Irwin voting no. Boardmember Irwin would allow the billboards to remain for a certain time period, or once development occurs the billboards would then have to be removed. The applicant had no objections to this , and he feels we should allow Adams the Conditional Use Permit . REZONING REQUEST FROM EL REHBEIN, APPLICATION *88-36. This item was tabled at the November Planning and Zoning meeting to allow consideration of a sewer request. The availability of sewer to this project is paramount in determining its use . The city is still receiving petitions . At the December 27th Council meeting a feasibility study will be ordered. MOTION: Arlene Averbeck moved to table the Rezoning Request from El Rehbein, Application #88-36 until the P&Z meets in February. By that time the City Engineer, Ron Stahlberg should have the feasibility report completed and the boardmembers can better determine the best use of the land. Page 3 PLANNING AND ZONING BOARD December 14, 1988 Jerry Blackbird had no objections to the tabling. Mr. Irwin seconded the motion, motion passed with Mr. Joyer obstaining. MINOR SUBDIVISION REQUEST FROM SYLVIA MARIER, APPLICATION *88-39. Sylvia Marier owns approximately 40 acres of land in the northeast part of Lino Lakes . She recently made application to subdivide the land into four parcels. Three of them would be ten acres and the fourth would be 9. 1 acres with a half acre exception. The applicant has submitted a resubdivision plan for the four parcels and is willing to grant easements for roads and utilities. The resubdivision plan shows a curvilinear street pattern for the area that avoids wetlands found on the property and that shows future development into 90 foot wide residential lots. The location and placement of the lots is such that easements for county ditches and a power line would not interfere with construction of the houses . Ron Stahlberg, the Lino Lakes City Engineer, superimposed the resubdivision plan in an aerial photo of the Marier property and found the plan followed the contours of land. Mr. Stahlberg felt the subdivision should be approved. John Miller, City Planner, called Hult and Associates , the surveyors who completed the work, and complimented them on a job well done. The land is in the city' s "R" Rural zoning district. The minimum lot size is ten acres with 330 feet of frontage. Mr. Miller is not concerned that one of the parcels is less than ten acres as quarter-quarter sections are seldom exactly 40 acres in size. the applicant has met the spirit of the city' s zoning ordinance. Mr. Prokop would like to issue a variance for the parcel that is 9. 1 acres. He is not against the splitting, but he is concerned about a precedent being set that we may (as a board) not find comfortable with in the future. Ms. Nelson feels we can state that the problem is hardship of the land and even with the half acre exception this plot was shy of 40 acres. Page 4 PLANNING AND ZONING BOARD December 14, 198B MOTION: Alan Irwin moved that according to zoning Ordinance, Section 4, Subdivision 35, (6) that requirements for the lot split be waived based on the following reasons : Since this proposed lot split is an area zoned Rural and outside the MUSA line; and, Since these 10 acre sites allow sufficient flexibility in subdivision design and this taking of road easements would restrict flexibility; and, Since this taking of road easements would in fact be approving a subdivision of blocks without having the benefits of the data provided with a preliminary plat such as review by the City Engineer, comments by the Park Board, a grading plan, and topography, and, Since the easements to be taken are not necessary either at this time or in the foreseeable future, and, Since this taking of road easements would in fact be approving a subdivision of blocks without the required notice to adjoining owners and without a public hearing. Therefore, in the accordance with the Zoning Ordinance, Section 4, Subdivision 35 (6) it is moved that the requirements for lot split be waived. Jeff Joyer seconded the motion. Irwin and Joyer in favor, Nelson, Averbeck, Crohn, Prokop voted against . Motion fails . MOTION: Cheryl Nelson moved to recommend to City Council approval of application #88-39 for a Minor Subdivision for Sylvia Marier as presented with dedication of the easements shown on the resubdivision plan, contingent upon granting of a variance for parcel D . Mr. Crohn seconded the motion, and the motion was approved unanimously. MOTION: Cheryl Nelson moved to grant a variance to parcel D allowing 9. 1 acres stating that we are able to find the 6 findings of fact as set forth in the subdivision ordinance. Listed below are the 6 findings of facts: 1 . That the property in question cannot be put Page 5 PLANNING AND ZONING BOARD December 14, 1988 to a reasonable use if used under conditions allowed by the official controls . 2. That the plight of the landowner is due to circumstances unique to his property not created by the land owner. 3 . That the hardship is not due to economic considerations along and when a reasonable use for the property exists under the terms of the ordinance. 4. that granting the variance requested will not confer on the applicant any special priviledge that would be denied by this Ordinance to other lands , structures , or buildings in the same district . 5 . That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. 6. That the proposed actions will be in keeping with the spirit and intent of the ordinance. This property is unique, and could not be put to reasonable use due to the shortness of the 40 acres . This motion is contingent upon Ms. Marier filing the appropriate documents in order to substantiate the request for a variance. The applicant has agreed to this . Mr. Prokop seconded the motion, and was approved unanimously. ACCESSORY BUILDING AMENDMENTS TO THE ZONING ORDINANCE: Ms . Nelson researched the accessory building ordinance of three cities . The City of Blaine allows 1200 S. F. of garage space which is a Combination of attached and detached garages or accessory structures with a 200 S. F. additional shed or greenhouse. This pertains to Single Family Zones. Shoreview is similar, allowing 1500 S. F. in 3 buildings including the attached garage. Page 6 PLANNING AND ZONING BOARD December 14, 1988 Brooklyn Park only allows 1000 S . F. or 10% of lot area, whichever is smaller and 2 detached structures. This also includes the attached garage. In summary Ms . Nelson proposes: 3 structures maximum - including attached garage 1400 S . F. total floor space 1 of the 3 structures a maximum of 200 S . F. Ms. Nelson also suggests attaching the 10% of lot area maximum, like Brooklyn Park does . Mr. Irwin felt 3 structures on a small lot in addition to the home is too many. There was considerable discussion on the height of the accessory buildings , making garages accessable to mobile home units . Mr. Crohn pointed out that the Ordinance states the maximum door height is 10 feet , even if the height of the garage was raised to 18 feet, only a 10 foot high door is allowed. Gene Bloomquist stated most motor homes are 12 feet high, but also has an air conditioner that would require an even higher door. Chairperson Cody requested Ms . Nelson obtain a copy of the actual ordinance. Mr. Crohn feels we should not increase the height of accessory buildings , rather address each one separately. MOTION: Cheryl Nelson moved to recommend to City Council adoption of an r`,civ-ss: . s• Ruilding Ordinance stating: 1 . 3 structures maximum including the attached garage. 2. Square footage of 1200 S. F. garage space which is a combination of the attached and detached garages , or accessory structure, or 10% of lot area, whichever is smaller. 3. 200 S. F. additional shed or green house Page 7 r� PLANNING AND ZONING BOARD December 14, 1988 4. One of three structures is a maximum of 200 S. F. 5. Maximum height for detached or attached garages be 18 feet high. Door height will be established through the State Building code requirements. Mr. Joyer seconded the motion. Motion passed with Mr. Irwin voting no. Mr. Irwin feels 3 accessory buildings are excessive. The board directed staff to prepare this Accessory Building Amendment to be reviewed at the January Planning and Zoning Board meeting. NEW BUSINESS Mr. Prokop pointed out a parcel of land south of Rolling Hills Drive, to the west of Bald Eagle Lake. Most of this land is below the level of the roadway on both streets by about three to four feet during wet years. Six home sites are planned for this area. Mr. Prokop feels Rolling Hills drive needs to be widened. There is alot of wildlife in this area. Mr. Prokop is not sure if this is considered wetland, but they would have to fill this area. Mr. Joyer asked if discussion at this time is appropriate enlight of the fact that there is no application, soil test , and no information_: f^r us to act upon. Chairperson Cody stated Mr. Prokop is making the board aware of on-going development in our community. ADJOURNMENT Mr. Prokop moved to adjourn the meeting. Mr. Crohn seconded the motion, meeting adjourn 8: 26 p. m. ✓'1 Page 8 We IC III file prllccss of fie Lonat Inn, \Lith them to haec them conic in,' Lasalle says 11h, Realty Man azennent Services is al 111011111C %y�+^ 'f / Nankin • nrtn t enicnt and de%elopnicnl firm anal is one of the general partners in , Edinhiiruua'h. Arnither sourer close to E'dinburuuoh ciln- ��''� I if if is that a"verb•strong 'proposal fiir an all- suites hotel has hccll made.The hole!would h"a slid-rise huilding that would he arcllitcc- ur:,ll� �unlp.rlible will lalinhorouOII's c.N a � • o islin;� plascs. ICa increment law re t-3. 1 Q (f { con tin y 'I he doted 1POrltl he developed by CC..�Z..LL�1.. increment lw '�4.i ' 1 ►3 i l:a��thc,rn�s corporate office, rather than +cooler a franchise agreement. Hawthorn is 87 TiF COULD DE HOT TOPIC AT 1989 MINNESOTA LEGISLATURE percent owned by the Pritzker family of _ __..,. ... „__ ,.-..w..._. _ ,._ ,•_..,_.__.. .,. . w .,..,.. ....__...__ . ..__.__... ..- Chicago, which owns Hyatt Hotels. by Liz 1Volf Steve Goldman, Chicago-based project fnana`cr fiir the proposed Hawthorn, says Hawthorn was drawn to the Edinborough site ax increment f inancino (TIF)has Nov.28 hearing f6cusing on testimony front legislative proposals- bi cause of the indoor,city-run park that is the Temerged as perhaps the predonli- advocates of change in TIF procedures. A Help fur Blighted Areas projects major amenity. "I think it really dif- nant economic development tool in Min- hearing scheduled for later this week is to Tax increment financing is an economic ferentiates this pro)ect from others:' nesota during the past few years. But critics focus on testimony from those who support development tool that uses the increase in Goldman says. are pushing for reform, charging that some the use of the tool in its present form. property taxes generated by new construction The hotel would be connected to the park, cities and developers have lost sight of TIF's "Last year we agreed that TIF needs to help pay for the cost of development rather he says. original intent. changes;'Reichgott explained at last month's than the general cost of government, actor- The cost of the Hawthorn is estimated at In anticipation of TIF being a hot topic in hearing,and some new restrictions were add- ding to the Research Department of the Min 575.(M to 580,000 per unit,Goldman says, the 1989 Legislature,the Senate Tax Subcom- ed to state law. But she said the Legislature is nesota House of Representatives.This is ac- which translates to a total of$10.5 million to nnittee on Economic Development is holding holding hearings to determine what addi- conlplished by "capturing" the develop- S12 million. public hearings to get input regarding what tional issues still need to be addressed. meet's increased assessed value in it TIF Goldman says construction on the Haw- issues oftile law need addressing and possibly "This is it Study document Only:'she em- district. thorn could begin next autumn. changing• phasized, "but this information will be TIF Edinborough's partners have been talking Sen.Ember Reichgott was the chair atthe critical to the formulation of 1989 TIF topagc16 with Hawthorn for "a couple of months" Lasalle says. Initial discussions took place at a recent hospitality industry convention in Normand,,-Je of them is a planned two-phase development 550,M)square loot office development there, Phoenix, he notes. At the tinge, Hawthorn that could get underway next year,according plans cal I fiir two 275,000 square foot was looking fiir a franchise operation that to I3loonlington city officials. buildings to he constructed in separate would he willing to develop a hotel. expm—isIon Greg H. Ingraham,a Bloomington senior phases. "We talked to then)about our site,but we planner,says the city and Tran)nnell Crow are The second site is west ofTranunlell Crow's weren't interested in developing the hotel" working on an environmental impact state- 8500 Tower,which opened in April.Crow's LaSalle saNs. TRAMMELL CROW EYES nnent (EIS) for office developments on two tentative plan for the 7.3-acre parcel is a Although no lonrial proposals have been 1989 OFFICE START land parcels adjacent to the firm's Norman- 3(X),(XX)square fixes office development.ac- made to the city, F.dina Plannin,:Director dale Lake Office Park at Norltl:andtalC cording to the city's May report.One acre of Craig Larsen says, "We talked to some peo- by Anthony Neely Boulevard(Highway 100)and 84th Street in that land is also in a 100-year flood plain and ple preliminarily about the suitability of a _ Bloomington. is also not usable, the city document in- hotel" One site is at the southeast corner of Nor- dicates.Trammell Crow has purchased three Hawthorn would purchase a.roughly niandale and 84th. It's it 26-acre site, but parcels that make up the western site,actor- 3', -acre site from the Edina Housing and ranm)ell Crow Co. is planning new about 16 acres of it is in it flood plain that is ding to the Bloomington Assessor's office. Rcdeyelopnlent Authority.(Thecity owns the office projects totaling about S85 off limits to development,according town en- While market conditions will affect the land and sells pads to the developers as need- million and 850,000 square feet for two vironmental assessment work_sheetprepared timing of both developments, Trammell cd.)To build the hotel,Hawthorn would have undeveloped parcels adjacent to its Norman- by the city in May 1988. The:usable portion NORMANDALE EDINSOROUGH dale Lake Office i'•ark in Bloonington.One is 10 acres.Traninnell Croy has proposed a IS I �3u OTT witrvoffle � l Hennepin COL111t_y to j .r•4:... �tel}r�tltlb tlt(lS ltllllts' 1 ' , ��ltll.t�)ynl 1111CiC1:3,()lti i k 1 1,'ave,Iurgertsen Kati been named president and chief"executive officer (CEO) of En- fur the past veal. With I+lana� t entent 2, she llarie Mot has been mued controller viroNet Inc.,a Spring Park-based asbestos will be re,pirnsiblc for the Community for Rainbow Development. She will be abatement firm.Jorgensen replaces Gerald . 4 ^� Associations Institute and the lcienlarkcting responsible for directing the overall accoun- Grewe,the fir n's former CEO,who has been Managers Association. ting operations,as well as forecasting future assigned other duties. '- '. �-_A Spanier received a bachelor's degree in company projects and financing packages. business management from Upper Iowa iMariene Brown has been named the Michael Muske, president of ERA University in Fayette. He will handle finan- Iirnl's director of resident services. She will Muske Co., Forest Lake, has been named cial accounts for all the associations nlanag- be responsible for coordinating and working president of the'St. Paul Area Board of ed by Management 2. with seniors at all company managed Realtors.Muske succeeds Deanna Wiener. Wendy Jo Dietz has been named an ac- Management 2 is a 10-year-old profes- developments to ensure a healthy activity and Other 1989 officers are: Joy Pringle, an count executive with Management 2,a Twin sional nlanagenlent firm based in St. Louis lifestyle program. agent with Realty World Glassman, who Cities-based professional management firm, Park. had been named president-elect;Clare Lillis, and Terence U. Spanier has been named Clarkson Lindley is now engaged in the an agent with Coldwell Banker(Shoreview director of finance. Loretta L.Seekins has been named direc- to practice of law with an emphasis on office), treasurer; and Don Maietta, Dietz received a bachelor's degree in for of public relations for Rainbow Develop- real estate and municipal law,planning,zon- managerofMerrill Lynch(Roseville office), management and human resources from the meat Co. She will be responsible for the ing and permitting.His office is in Wayzata. secretary. University of Northern Iowa in Cedar Falls. marketing and advertising of all company The 1989 officers begin their terms Jan. 1. She has served as an administrative assistant owned and managed developments, laws seem quite adequate,but there is a need district were returned to the county tax rolls:' "Most of the early TIF that was collected for ways to enforce the existing laws, and it Hennepin County favors changes in Minneapolis and in the first tiercitics was would seem appropriate that the state Hennepin County Commissioner Jeff in the areas of greatest blight;' Spartz con- fro7n page 1 auditor's office should be the enforcement Spartz also had many concerns dealing with tinued. "In the early years,the blight test was agency involved"He stated that the auditor's TIF, "Much correcting remains to be done:' real and obvious. But times and the TIF law Bonds are typically sold to cover such costs office would be a logical choice because it he said, because the 1988 legislation only have changed" as property acquisition,relocation of existing would not likely be influenced by pro- dealt with seven or eight of more than 25 The Minnesota TIF law was greatly liber- users,demolition of existing structures,site development agencies or groups. recommended changes. alized in 1979, Spartz said, when economic preparation and infrastructure improvements. In addition, Barber said counties and According to Spartz, about 60 percent of development districts were permitted without This public assistance helps to make finan- school districts should have the right to Veto the statc's TIF use occurs in I Iennepin Coun- a bliLht test. "The blight test was essentially cially feasible projects that private developers proposed tax increment financing districts. ty. Another 23 percent occurs in the Twin replaced by this easy test: Will the develop- wouldn't otherwise undertake. Then the Granite Falls has one of the highest percen- Cities metropolitan area,with the rest of the meat create jobs in the city or keep or property taxes,or"increment;'paid during tages of tax increment per capita in Min- state accounting for only 17 percent. enhance the city tax base?" He added,"What the TIF period (the city hopes) will permit nesota,according to Barber.The population Hennepin County TIF districts will receive development doesn't create jobs or enhance recovery of the cost of inducing the ofthe city is about 3,000,and in 1988,the ci S81 million in tax dollars this year, Spartz the tax base'? development. ty had a captured assessed value ol• said. In 1989, they will receive about $100 "The level playing field became tilted The consensus of those testifying in favor $1,465,000,with the community development million, or about 81/ percent of'Hennepin again,and the cost of TIF subsidies became of change�+rasgenerally favorable to TlF. But commission receiving 5154,000 in tax rncre County's tax base. Within five years,he said, more expensive as inter-city competition for while they said 1988 TIF legislation was a nlent money. TIF collections of 5170 million per year are redevelopment and development grew:' he step in the right direction, most added that "If limitations were to be placed on the projected• said. many problems remain,especially the need amount of total captured assessed value, CltinL, these figures. Spartz said he has Spartz said Hennepin County recommends liar stricter monitoring and enforcement of based on the population of an authority's area concluded that TIF has strayed from it, the following changes to TIF law: TIF districts. of operation,it would bean incentive fir the original purpose of'conlbatinL severe blight • Tighten up the"but for"test,which Spartz "My general reaction to the use of tax in- authority to retire the bonds issued and to in file core cities. said forms the sole justification and rationale crenlent financing in Minnesota is that it is a return the tax increments from those projects "TIE started in California in the 1950s to for TIF.The test states that TIF is justified ied if Good tool if used properly;'Granite Falls City to the county before undertaking a new pn'J generate local matching funds for federal ur- redevelopment could not occur without Council Member Art Barber wrote in it let- ect,' Barber said. ban renewal projects:'he explained.lie said the subsidy, he explained. But, if develop- ter read at thchearing by his daughter,Janice "For example he said, "if Granite Fails the objective of the subsidy was to give bad- ment and its beneitts would have occurred Godwin."But,in our part of the state, it has had a total captured assessed value limit of ly blighted cities "a level oi'playing field" without the use of TIF, he said the "but for" been overused and abused. 5500,000 and ifs they were already at that with other cities so they could attract test is not met and TIF is being abused. "I believe the state of Minnesota should limit, no new districts could be established redevelopment where no activity would A significant number of TIF districts in the definitely monitor the tax increment finan- until parcels representing an amount equal to otherwise take place.This became known as metro area don't meet the test, Spartz said. ing districts,'Barber's letter continued."The the captured assessed value for the proposed the "blight criteria:' "The 1988 legislation did not tighten the test,' December 12, 1988 Minnesota Real Estate Journal Page 17 he said. "This is a critical issue for reform in Hauer said. "No one has defined the point Philip Hope said TIF has many merits in claimed that the city got around the law. 1989" beyond which TIF is no longer beneficial. Minnesota, but "it has been abused many "There was a relatively small project that in- Tile blight test for redevelopment districts The suite Legislature is the logical body to times and certainly in my own city of volvcd tcaring down ail unused motor freight is too subjective and broad and should be define that point. Roseville" building and preparing the soil for new con- rewritten to tighten the qualification criteria, "However,if it(TIF)becomes so common For example, Hope said that the Rosevil Ic struction that would be two miles 1'ront the Spartz continued. that it's seers as a given, it loses those City Council established a tax increment proposed high-density housing project. "We believe that state law permits extreme- characteristics that have made it a useful district to help a Canadian-based investor "This does qualify under TIF provisrons;'he ly flexible city interpretations;' Spartz said. economic development tool;' she said. "In develop a$14 million high rental, high den- said,but the"high density apartment project "Currently,redevelopment districts are con- other words, the problem arises when TIF sity apartment project. was included in the TIF district. Our group sidered blighted if as few as 35 percent of the becomes the expected practice rather than the A wealthy local property owner reaped of Roseville homeowners does not feel that it parcels within the district have severely exception. . " tremendous profit from the land because of was the intent of the Legislature to permit this blighted structures. . "The blight test doesn't The Citizens League applauds the 1988 TIF;'Hope claims. "This controversial and abuse when the enabling law was enacted" always accurately and reasonably reflect the Legislature for the changes in TIF law,Hauer unnecessary project is being constructed on Hope added that there should be stronger cost to cure the blight in the district,he said. said, "but there's still a concern that TIF an open space tract of land that holds stron" monitoring,and more control of'TIF districts. For example, the Metropolitan Stadium should only be used for projects with a real environmental significance. For over 40 "We, as taxpayers, are powerless to do site in Bloomington qualified as a blight need in an area with real blight. years,the land adjoining the proposed apart- anything about our city council's actions in because of the obsolete stadium even though "The Citizens League is not opposed to ment project has been a neighborhood of abusing this law. Voting them out of office salvage receipts were almost equal to the cost public assistance,' Hauer told the senate tax single-tamily,owner-occupied homes. Thi,, may be delayed up to three years.This is cer- of demolition,Spartz said.Similarly,the ad- subcommittee, "but it is opposed to the cur- project definitely does not qualify tier tax in- tainly no help to us after the damage has been jacent 33-acre Kelley farm qualified for rent off=budget assisarnce that needs to be crement financing. . .it's not a blighted area done to our community and our environ- redevelopment because it was the site of a more direct. It's difficult tojustify the use of by any means" rnerit; dilapidated house and farm building. The TIF the way it's currently being used" Hope went on to say that TIF was intend- The tax subcommittee's second hearing. farm was purchased by Bloomington for$10.5 In addition to the groups that testified at the ed to help econon;ically distressed areas. It focusing on those in favor of tax increment million shortly after the TIF district was hearing, several individual citizens of was not intended for assistance in such a high financing in its present form, is set for Dec. created. Roseville also testified. Roseville resident rental apartment project, he said. But Hope 14. The blight test should be defined in terms of a minimum percentage of blighted area and the cost toCUre the blight,Spartz said,and it Should limit the amount of increment to the amount needed to cure the blight, and all parcels should be contiguous. • New economic development districts 11c] should be permitted only in areas of severe economic distress and limited to job-creating industrial facilities. The duration of"redevelopment districts, pre-1979 as well as post-1979,should be reduc- ed, and the window of opportunity to issue bonds on pre-1979 districts should be closed. ® "The 1988 language allows an excessive duration for redevelopment districts. Most is pleased to announce states do not allow a term to exceed 20 years, but pre-1979 districts are allowed as long as 29 the following years. . .Some of us will be buried before some of these districts expire;' Spartz said. peal estate • The 1989 Legislature should address the issue of excess increment being generated in }, some districts. "Several cities in Hennepin transactions County have districts which are or will soon produce increment in excess of their debt ser- vice requirement "Spartz said. • Adequate'I'l n can't be achieved un- tie the of fected co ,„y and the school district some districts. "Several cities in Hennepin transactions County have districts which are or will soon produce increment in excess of their debt ser- vice requirements;'Spartz said. • Adequate TIF reform can't be achieved un- til the affected county and the school district are given substantive roles in the approval of the district,he said. He said they should be BANKING AND SAVINGS,EA. BANKING AND SAVINGS, EA. BANKING AND SAVINGS,F.A. allowed to veto proposed TIF districts that Has Provided 0/ Has Provided Has Provided aren't"in the best interest of the entire com- $2,700,000 $915,000 $9,000,000 munity" Permanent Financing Permanent Financing Interim Construction Financing TIF Use Continues to Grow for a for a for a Jody Hauer of the Citizens League agreed 76,000 SF 46 Unit 126,000 SF that the 1989 Legislature needs to take a close Retail Center Apartment Complex Shopping Center look at the tax increment law. "1988 legisla- Eden Prairie, MN St. Paul, MN Minneapolis, MN tion was adequate,but not sufficient"she said at the hearing. "TIF activity has continued to grow in Minnesota at a great rate. In 1988,there was a 25 percent increase in TIF that follows a 25 BANKING AND SAVINGS,EA. BANKING AND SAVINGS, E.A. BANKING AND SAVINGS, F.A. percent jump from 1986 to 1987.This year the Has Provided Has Provided Has Provided assessed valuation captured for TIF topped $10,400,000 $1,675,000 S3,000,000 the $1 billion mark for the first time with Permanent Financing Permanent Financing Permanent Financing $1.246 billion,'according to Department of 1<x a fora for a Revenue's data published Nov.9. 444 Unit Medical Office Building 159 Unit But Hauer added that the growth in the tax Apartment Complex Golden Valley, NIN Apartment Building base is considerably less.The total assessed Little Canada, MN Inver Grove Heights, MN value of property in those cities with TIF projects increased about 9 percent between last year andthis year(compared with the 25 percent growth in value captured for TIF). Ironically,Hauer noted,the bulk of the TIF TCF Financing for projects are in the Twin Cities are,where the economy is healthier than in the rest of the ® Apartments 0 Office Retail Centers La Warehousedndustrial state. More than 84 percent of the assessed value captured for TIF in Minnesota is in the seven-county metro area,she said,and two- thirds of the metro TIF assessed value is in Hennepin County" One indicator of a city's use of TIF is how much of its tax base is tied up in TIF projects. T In the metro area,Chanhassen has the highest TCF BANKNTO AND D SAVINGS O'S� F.A. percentage of its assessed value in TIF with more than 22 percent. Ten metro area cities have between 10 percent and 20 percent of (612) 370-1603 their tax base in TIF.They are Minneapolis, Robbinsdale, Hilltop, Chaska, New Gcr- Commercial Lerulinr; many, Waconia, Falcon Heights, Savage, 801 Marquette Avenue Shakopee and Newport. Fifteen cities and F®R Minneapolis, Minnesota 55402 towns to greater Minnesota fit in this category. . WHERE NUNN�f+..SOTA BANKS � "The question about whether TIF is being Equal opportunity L�nJcr EEwoEa overused is one that is not easily answered" l�J � AGENDA PARK BOARD MEETING December 5, 1988 1 . Call To Order 2 . Consideration of Minutes 3. Woodridge Estates Update/Rick Carlson 4. Developers Park Dedication Application/Bill Nissen 5 . Greater Centennial Park & Recreation Program/ Ken Johnson 6. Old Business 1—N A. Erickson Park Update/Don Volk B . Rice Lake Estates Park Development Update/Don Volk 7 . New Business 8. Adjourn MERRY CHRISTMAS EVERYONE ! ! ! ! PARK BOARD MINUTES November 7, 1988 The regular meeting of the Lino Lakes Park Board was called to order at 7: 03 p.m. , by Chairman Ray Johnson, Monday, November. 7, 1988 at the Lino Lakes City Hall . Members Present : Chairman Ray Johnson, John Bauman, Ken Johnson, Bill Nissen, Bob Williams , Candace Toffoli . Also present were: Councilman, Harold Bisel ; Public Works Director, Don Volk; and Secretary, Laura Elken. CONSIDERATION OF MINUTES: George Lindys name was misspelled. Chairman Johnson motioned to accept the October Minutes as corrected. The motion was seconded and accepted. 7: 08 p.m. George Lindy assumed his position. WOODRIDGE ESTATES UPDATE/Don Volk Don presented an overlay map drawn up by TKDA showing the southwest section of Lino Lakes , including Woodridge Estates. The first overlay shows future subdivisions and streets. the second overlay puts the walkway system into perspective throughout the area. The walkways will be placed near water ways and wooded areas for a more attractive view. Boardmember Lindy asked if sewer and water would be coming into that area soon. Don stated that sewer and water will be installed following the development of the subdivision. Don recommended to the Park Board we establish a policy excluding trail systems as part of the park dedication, enforcing an obligation to the developers to incorporate a trail system into their subdivision. Although in the case of Woodridge Estates the Park Board may have to include a trail system as part of the park dedication because a policy has not yet been established. page 1 r^ PARK BOARD ,MINUTES November 7, 1988 Boardmember Lindy feels we need a park in this area that is also accessable to the older homes north of Woodridge Estates . Boardmember Nissen stated a concern for the purchasing of the land. He would rather see the developer deed us land for park use. Don Volk will contact the developer and ask them to present a park dedication proposal at the December Park Board meeting. RICE LAKE ESTATES/Don Volk Rice Lakes Estates has met PUD recommendations. Mr. Gearman has advertised a tennis court to be built into the subdivision. the city has $40, 000 towards development of park property. Don estimated a double tennis court with a fence would cost approximately $30, 000, adding a parking lot will deplete the fund. MOTION: George Lindy recommends to Council to begin development on Rice Lake Estates by receiving bids for land, grading and tennis courts on 2 adjacent lots and a tot lot to be developed on the single lot . Bob Williams seconded the motion and the motion was approved unamiously. OLD BUSINESS APITZ PROPERTY/DON VOLK Don Volk did meet with Mr. Apitz, and he asked Don to come back with an offer. Since that time Randy Schumacher and Don Volk have met with John McClellan, Superintendant of District *12, to see if the school is interested in the location. Mr. McClellan has met with the School Board, and has said they would be interested in the proposal. The Park Board directed Don Volk to proceed with negotiating a purchase of the property. SUNRISE BALLFIELD/DON VOLK page 2 PARK BOARD MINUTES November 7, 1988 The Park Department is waiting for the land to dry so the ballfield can be seeded. The irrigation system was installed. The fences will most likely be installed in the spring of 1989. The park looks good. ERICKSONS PARK UPDATE/DON VOLK Don will be meeting with the developer on November 8th. Ericksons Park needs a few thousand yards of fill . There was an agreement initially with the developer that he would provide cost and labor for grading and fill in the park. A copy of the minutes stating this was sent to Erickson. Also, along the east border is a fence 40 feet into Ericksons property. For more than 7 years a farmer has used this land for pasture. The developer is taking this issue to court. LAKEVIEW PLACE UPDATE/DON VOLK There was construction damage at this site. 3 trees were lost as a result of transplanting, the developer will replace the damaged trees . The developer is using a portion of park land for an access road. In the spring this access road will be graded and seeded at the developers expense. BUDGET MEETING Don Volk stated the first budget meeting was held November 3rd. The Council was very receptive. The Budget may be finalized by January 1989. Council is in favor of the Greater Centennial Park and Recreation Program. The Park Board plans on lobbying Blaine' s Park Board hoping to reinstate funding from Blaine to assist in incorporating the recreation department . Ken Johnson will present a dollar figure to the Park Board after attending the next Greater Centennial Park and Recreation Planning Committee. PINE BARK BEETLES An informational meeting with residents affected with Pine Beetles was held in October. A State representative spoke to the residents and advised them that cutting down the page 3 rv. PARK BOARD MINUTES November 7, 1988 diseased trees is not crucial at this point, and inspections and trapping will take place in the spring. Bill Lansi , a Sherwood Green resident , stated that at one point Mike Hoffman, the City Forester told the residents to dispose of the trees . Residents have their diseased trees piled in their yards and would like the city to assist in disposing of them. Don Volk suggested the property owners bring their disesased trees to City Hall , and the city will dispose of them. Don Volk also stated he will keep the residents informed and hopes to schedule a community meeting again in the spring. NEW BUSINESS Public Works Director, Don Volk; City Planner, John Miller and Boardmember, Bill Nissen met last week to review the proposed policy regarding Application for Park Dedication. The Park Board will review this policy and discussion will follow at the Decembers Park Board meeting. Park Boardmember Bob Williams lives in an area where Oak Wilt is a problem, and feels there is a need for improvement in enforcing the present ordinance. The ordinance states that if there are diseased trees on privately owned property and the resident neglects to remove the tree(s) , then the city will dispose of the tree(s) at the property owners expense. The city has been lenient regarding this issue, but will be enforcing it in the future. 8: 52 p.m. the meeting was adjourned. page 4 Page 4 Hockey and Ice Skating Rinks Are Special Concerns by Brenda Piatz, LMCIT Hockey and ice skating season good condition. If a city does not are fast approaching and bring with exercise reasonable care, it could them some special loss control con- be found liable for injuries to Berns for cities. There are several skaters. Stucci v. City of St. Paul is things city employees can do to help an example. minimize hockey and skating in- ' juries. In Stucci v. City of St. Paul, a A. child was injured while ice skating < _ When putting up boards for at a city-operated rink. The weat- hockey rinks, inspect the boards her had been unusually warm and —� first to see that they are in good the city had informed the public shape and repair and replace any through the media that the rink was — -- that aren't. For hockey rinks left closed. Gina Stucci fell while standing year-round, check out the skating and a 2" piece of jagged boards . They could have glass slashed through her hand, deteriorated over the summer or causing extensive damage. The jury ticipants. Face masks were not been vandalized. Repair or replace found in favor of Gina and awarded provided. The jury found for the boards which are splintered or her $20,000 in damages, finding the plaintiff, but the Minnesota cracked. Check for dangerous gaps city to be 80% negligent. The ap- Supreme Court reversed the deci- between the boards and tighten peals court reversed the decision sion and sent it back to district them if possible. A current case stating that the city's decision to court for a new trial on the issues being defended by LMCIT involves close the rink was a discretionary of whether the city was negligent in a serious injury to a young boy act protected by statutory im- not supplying a face mask and as- which occurred when his hockey munity. The city exercised sumption of risk or contributory stick got stuck between two boards reasonable care in its inspection negligence. The Court stated that of the rink. The plaintiff claims the and maintenance and did not there is a difference between the city was negligent in allowing breach its duty to warn skaters of a relationship which exists between a dangerous gaps to exist. Also, be dangerous condition. It was not li- municipal corporation and a person sure to check out any bleachers and able for injuries suffered by a child making use of a park or playground steps or entries leading to the skating at a closed rink.The lack of provided without charge and that bleachers to prevent injuries to lighting, general weather condi- which exists between the owner of spectators. These things should be tions, absence of other skaters and a private enterprise conducted for checked periodically throughout the a closed recreation building profit and its patrons. The person season. provided reasonable notice to who pays for admission has more skaters that the rink was closed. reason to expect that supervision Other things a city should con- The court also noted that the City will be maintained and adequate sider are the placement of hockey of St. Paul provided regular main- equipment provided as partial con- rinks and warming houses. Acci- tenance and inspection when the sideration for the admission charge. dents can occur due to falls on ice rinks were open. The City had no A municipality making a skating allowed to accumulate in areas out- prior information that there was rink available to the general public side a skating rink or on paths glass in this ice. without charge has no duty to leading from a warming house to provide supervision of those par- the rink where people other than Although this case was favorable ticipating in the games being played skaters may walk. Accidents also for the city, it should not be as- on the ice and no duty to provide happen because of the placement of sumed that a city will always win in equipment for such games. If it as- hockey rinks, such as at the bottom cases dealing with ice injuries. sumes such a duty, however, (as it of a hill . Another case being Good maintenance and inspection did in this case) it must apply defended by LMCIT involves a of ice rinks is important. If rinks reasonable care to perform it ade- child sliding down a hill and injur- are to be closed, notice should be quately. The city had assumed the ing his back when flying onto the given to the public. duty of furnishing equipment to the hockey rink located directly at the boys playing hockey and a jury bottom of the hill. The plaintiff Another area to consider is su- could find that the failure of the claims the city was negligent in al- pervision of ice rinks and safety city to include a face mask con- lowing children to slide on this hill. equipment. In Diker v. City of St. stitutes negligence and proximately Cities should examine their recrea- Louis Park, a 10-year-old boy was caused the plaintiffs injury, tion areas to see if there are any hit in the eye by a hockey puck hazards caused by the location of while tending goal at a practice The point made by this case is ice rinks. hockey session at a public skating that if a city does provide supervi- rink maintained by the city.The city sion or equipment, it must exercise The ice surface also needs to be did not provide supervisory person- reasonable care and provide ade- inspected on hockey rinks and nel for the practice sessions but did quate supervision and equipment or skating rinks to ensure that it is in supply protective equipment to par- it can be found negligent.