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Home My WebLink About05/04/1987 Park Board Packet A G E N D A Park Board Monday, May 4, 1987 7:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes - April 6 , 1987 3. Update on BMX Track Insurance Issue 4. Establish Date for Joint Meeting Between Circle Pines/Lino Lakes Park Boards 5. Quotes for: A. Archery Range at Sunrise Park B. Volleyball Courts at Sunrise Park 6. Grand Opening Plans for Country Lakes Park 7. Old Business 8. New Business 9. Adjourn PARK BOARD May 4 , 1987 Chairman Ray Johnson called to order the regular meeting of the Lino Lakes Park Board at 7 : 06 P .M . , Monday , May 4 , 1987 . Members present : Toffoli , Ken Johnson , Baumann . Absent : Nissen , Lindy. Resigned : James . Also present : Don Volk and Shar Foster . CONSIDERATION OF MINUTES - April 6 , 1987 Ken Johnson moved to approve the 4/6/87 Park Board minutes as presented . Mr. Baumann seconded the motion which carried unani- mously . BMX TRACK INSURANCE Mr. Volk updated the Board on the BMX track insurance issue stating that the City 's insurance agent has sent a letter to the American Bicydle Association requesting : 1 ) the City be named as additional insured , 2) liability cover participants as well as spectators , 3 ) further history and financial information regarding the insurance company. Mr. Volk also stated that the City Council has ordered no races until this insurance issue is settled . Chairman Johnson felt that the City administration has not done their job with regard to this insurance issue , and since other tracks are operating with this policy possibly Lino Lakes is being too restrictive . He asked Mr . Volk to pass this concern on to City administration and try to settle the problems soon as to not cancel any further operation of the track . JOINT MEETING BETWEEN CIRCLE PINES AND LINO LAKES PARK BOARDS Mr. Volk stated that he has recommended that the City of Circle Pines and the City of Lino Lakes establish a position of Park Director which would handle park and recreation responsibilities for both cities . The Board felt that a good time to schedule this joint meeting would be the first Monday of the month (hopefully June , 1987 ) since this is the regular meeting date of both Boards . Mr. Volk agreed to set up this meeting and notify the Boards . QUOTES FOR PARK IMPROVEMENTS Archery Range - Mr. Volk stated that originally archery ranges were planned for the northeast corner of Sunrise Park . An approximate cost of the four lane range would be $350 ( $1 ,350 if fenced) . He asked however , to put the archery range plans on hold since there are questions as to whether Sunrise Park is a suitable location and also questions regarding liability . He will try to answer these questions and return with his recommendation in the near future . PARK BOARD May 4 , 1987 Page Two Volleyball Courts - Mr. Volk said that he attended the last Circle- Lex Lions Club meeting and presented the Lino Lakes Parks 5-Year Plan and goals per the request of the Lions Club . He also for- warded the estimates for volleyball courts at Sunrise Park ; the Lions allocated $800 for the two sand courts . This amount will cover all the cost of the courts ; construction of the courts will begin this week. Chairman Johnson asked that a note of thanks be sent to the Circle-Lex Lions Club . GRAND OPENING OF COUNTRY LAKES PARK Mr. Volk reported that the City crews just finished mulching and seeding the picnic area at Country Lakes Park , they will be working on the routed signs this week , and the dock is in place . He sug- gested that the grand opening of the park be covered by the local newspapers with a ribbon cutting ceremony and Mayor, Councilmembers , Park Board members , etc . in attendance . Mr. Volk agreed to try to schedule this grand opening for late afternoon , Monday June 1 , 1987 , and make necessary arrangements . OLD BUSINESS None . NEW BUSINESS Chairman Johnson asked that the Council be reminded of the vacancy on the Park Board caused by Mrs . James ' resignation . The meeting adjourned by unanimous decision at 7 :43 P .M . Lakes April 21, 1987 Mrs. Kim James 7547 Patti Drive Lino Lakes, MN 55014 Dear Mrs . James I am writing this letter on behalf of the Lino Lakes City Council to thank you for the time you spent on the City Park Board. This City needs assistance from citizens such as yourself who volunteer your time and energy to serve on our various advisory boards. Once again, thank you for- your assistance. On Behalf of the City Council, �k 40"X� Randy Schumacher, City Administrator dt n 1189 MAIN STREET, LINO LAKES, MN 55014 (612)464-5562 NSRS North Star Risk Services, Inc. 1401 West 76th Street,Suite 550 Minneapolis,MN 55423 (612)861-8600 November 26, 1986 City of Lino Lakes Lino Lakes, MN 55014 Attn: Mr. Randy Schumacher Administrator RE: City of Lino Lakes Dear Mr. Schumacher: According to our records, we have not heard from your relative to compliance with the recommendations mentioned in our September 2, 1986 letter. For your convenience, we have enclosed a photocopy of that correspondence. We would appreciate receiving a reply in the near future. Sincerely, &hnHys a Underwriter JH:djw enclosure NSRS n North Star Risk Services, Inc. 1401 West 76th Street.Suite 550 Minneapolis,MN 55423 (612)861-8600 September 2, 1986 Mr. Randy Schumacher, Administrator City of Lino Lakes Lino Lakes, MN 55014 Dear Mr. Schumacher: This letter will confirm my visit on August 28, 1986 to the City of Lino Lakes. The purpose of my visit was to review your safety program pertaining to your BMX track. At the time of my visit, I had the opportunity to meet with Mr. Dale Volk, your public works director and make a partial tour of the BMX track. As a result of a recent loss control survey, prompt attention should be given to these recommendations which will assist in minimizing the potential for loss. GENERAL OPERATIONS R-1-86 The bicycle motocross track in Lino Lakes Park represents a signifi- cant exposure for potential injury and liability to the City of Lino Lakes. Hence, we recommend the city seriously consider removal of the track. At a minimum, the following measure should be taken to assist in minimizing this injury and liability potential . a) Maintenance of the track surface should be improved so as to main- tain a well groomed track surface at all times. This is especially important after rain and water run-off. The track currently con- tains areas which have some washouts and rutting which poses a serious hazard to bicyclists using the track. Also, currently there is a pond area filled with tires in the center of one of the turns. This maintenance should also extend to the areas bordering the track surface so that any border markings, buried tires, etc. are kept visible above surrounding grassy areas at all times. b) The entire track area should be enclosed with a substantial sec- urity fence. The fence should be of a height and construction to sufficiently secure the track from unauthorized use. By doing this, the track then can be used only under strict supervision in conjunction with sanctioned racing events. At the time of my visit, it was pointed out that the current 4' fence allowed children in the area to throw their bicycles over the fence and use the track with no supervision. G r J 1 Page Two City of Lino Lakes September 2, 1986 r c) Adequate additional security would be necessary to maintain proper placement of spectators and unauthorized personnel to minimize the potential for interference with riders.on the track in a sanctioned race. d) Sanctioned races should only be run when appropriate insurance could be obtained, either through the sanctioning association, or a special market. The City of Lino Lakes should be named as an additional insured for those sanctioned races. At the time of my visit, the only insurance that was available, was that for the BMX Association, not for the sanctioned races. e) All entrants, participants in sanctioned races should be required to sign a waiver of liability/hold harmless agreement in favor of the City of Lino Lakes. This should also include signature by parents/guardians for minor age participants. f) All bicycles used in sanctioned races would need to undergo strict inspection for inclusion of proper safety equipment and safety de- vices in accordance with accepted standards for this type of use. This inspection would also extend to the rider as far as having the necessary safety equipment for participation in this type of sport. PLEASE REPLY WITHIN 45 DAYS REGARDING YOUR COMPLIANCE WITH THESE RECOMMENDATIONS. The recommendations are made for risk improvement purposes only. They were not made for the purpose of complying with the requirements of any law, rule or regu- lation. We do not infer or imply in the making of these recommendations that there are no other hazards and exposures in existence. We assume no liability for recommendations provided. The purpose of the recommendations is to assist in improving the risk exposure and to assist you with your loss control program. For your convenience, enclosed is a self-addressed envelope. Feel free to make your reply on this letter and return in this envelope. Sincerely, Michael Everist Loss Control Consultant North Star Risk Services, Inc. ME/bjh cc: Mr. Donald Volk, Public Works Director Kelly Agency, Inc. NSRS North Star Risk Services, Inc. 1401 West 76th Street,Suite 550 Minneapolis,MN 55423 (612)861-8600 December 8, 1986 Mr. Randy Schumacher, Administrator City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Dear Mr. Schumacher: I am in receipt of your letter dated November 4, 1986, which is a response to my recommendations pertaining to the liability exposure to the City of Lino Lakes BMX track. Enclosed in your November 4th letter, was some information pertaining to governmental immunity in the parks. This area was researched with the League of Cities legal staff. The results of this research confirmed our previous feelings that uncontrolled use and poor maintenance of recreation- al areas in which children are exposed continues to appear to be a high liabil- ity area. Since that is the case, the previous recommendations pertaining to either the removal of the current BMX track or the changes in its operation should be responded to. I am awaiting your decision in this area. Sincerely yours, v W. Michael Everist Loss Control Consultant North Star Risk Services, Inc. WME/bi h cc: Mr. Donald Volk, Public Works Director Mr. Robert Kelly, Kelly Agency, Inc. iino take* Memorandum To: Michael Everist , Loss Control Consultant From: Randy Schumacher, City Administrator Date: November 4, 1986 RE: BMX Track Please find enclosed a copy of the 1986 Legislation regarding parks. As I read it , the City of Lino Lakes would not be held liable for accidents happening on park property under certain situations . Please review, and contact me with regards to this issue/legislation. n Prosec,uting attorneys Government immtinit), — municipalities Chapter 440 (S.F. 2087) transfers the responsibility Joint powers. The definition of municipality will to prosecute state law violations which are misde- now include joint powers boards or organizations. meanors and petty misdemeanors from townships to Snow and ice. Municipalities will be immune from the county attorney. The act leaves cities with their claims based on snow and ice conditions on public went prosecution responsibilities and expenses. sidewalks that do not abut publicly owned buildings and parking lots. arks.The law provides municipal bmututy for a Court fees based on the construction, operation,or mairrte- Chapter 442 (H.F. 1772) increases court administra- ( nance of property the municipality owns or leases as a lion service fees, filing fees, and copy fees in districts park"if the claim arises from a loss incurred by a user where they are not already established by court rule. of park and recreation property or services." But, no immunity from liability is available "for conduct that would entitle a trespasser to damages against a private Crime victims reparations person." Chapter 463 (H.F. 1958) requires prosecutors to Licensing. Municipal immunity will include "any make reasonable efforts to notify and seek input from claim for a loss based on the failure of any person to the victim prior to referring the defendant to a pre- meet the standards needed for a license, permit, or trial diversion program. A victim does not need to other authorization issued by the municipality or its state his/her address on the record in open court. A agents." victim is entitled to be notified of the offender's Immunity equal to state. A municipality is impending release, extended furlough, or work immune from any claim against it if the same claim release. An employer that threatens to discharge or would not be valid if brought against the state. discipline a victim because the victim is subpoenaed or Notice of claim. The notice of claim provision for requested by the prosecutor to testify in court is guilty municipalities will become parallel to the state's notice of a misdemeanor. of claim provision. Punitive damages. A municipality may not indem- nify an officer or employee for punitive damages. The murkipality may provide defense against a claim for punitive damages as a necessary incident to other elements of a defense. Law enforcement. Costs the court assesses against a municipality for injuries arising out of an arrest will be the responsibility of the municipality that Tort and insurance reform provided the law enforcement employees involved in the arrest. Most of the tort and insurance reforms that the Joint liability. The law changes joint liability for 1986 Legislature passed are in Chapter 455 (S.F. the state and municipalities. If their fault is less than 2078). Several provisions are of particular interest to 35 percent, they are liable for no more than twice cities. their allocated fault. Indemnification. Municipalities will have state Joint underwriting association indemnification when they perform state-mandated inspections or investigations of people prior to issu- The law creates the Minnesota Joint Underwriting ance of a state license. Association (JUA). The JUA is a state-run insurance plan which will pros ide insurance for anyone who is unable to obtain insurance through ordinary means. The association will establish premium rates on an Specific tort reform changes actuarially sound basis according to the law. Every Unpaid directors. Unpaid directors or trustees of insurer with authority to write property or casualty non-profit corporations are immune from liability. insurance in the state will be a member of the Municipalities and railroads. The law provides association. Members of the plan will share losses and municipal immunity for railroads leasing tracks and expenses based on their proportion of total premium in rights-of-way to regional railroad authorities. this state. The JUA will sunset in two years. Government immunity — state General tort reform protizsions Liability. Under the new law, the state will pay Collateral source rule. The law abolishes this rule compensation for personal injury or property damage, ther the liability arises out of a "governmental or which now precludes considering other sources of Wi ,crier the function." compensation for injuries. Collateral sources do not include life insurance and private disability insurance. Snow and ice. The law provides state immunity They include only those payments made on plaintiffs from losses caused by snow or ice conditions on public behalf up to the date of the verdict. In calculating sidewalks if the sidewalks do not abut publicly owned attorneys' fees, a subrogated provider of collateral buildings and parking lots. source not separately represented by counsel must \lay 1986 7 I no akes 16'4� A� d✓��-,.� ate- C 1189 MAIN STREET, LINO LAKES, MN 55014 (612)464-5562 t r KELLY AGENCY INC. gnsurance 7ono6y 3585 LEXINGTON AVE.NO. ST.PAUL,MINNESOTA 55126 (612)483-5344 March 26, 1987 Randy Schumacher City of Lino Lakes 1189 Main Street Lino Lakes, MN 55014 Dear Randy: I received the attached binder with a request to advise if this adequately covers the City. From the information on the binder, I have serious questions about the pro- tection afforded the City. My questions are as follows: 1 . Who. is the company? I do not find Lloyds U.S. listed in Best Key Rating for 1986 . 2 . Are they admitted and licensed in Minnesota? 3 . Are they A or A+ rated by Best Insurance Guide? 4 . Is the City named as additional insured with a thirty day notice of cancellation required? 5 . What are the limitations and exclusions? Are parti- cipants only covered for $3, 000 medical or death? If so, this is gross underinsurance. Randy, I would best be able to answer my own questions if I could see a copy of the policy. Please request a copy as soon as possible. I am very concerned about the ex- posure to the City for this BMX track. Very truly yours, Robert P. Kelly, CPCU RPK:bf:enc. n 9VILDER, YOURevendenr I Insurance AGENT ♦aa.,' '.y-, �, «.+ t'-..r i e `" " r :•:., '�*'',%z,.at-p,n. [, �. ,,-. {<:>"i.-.' e+•x' a r -� e J .•..; .-"''„$ '�iw.t-,� `'♦ 3 ''••r'F t EXXXXXX s tF r .as+ill► .. .- -�- -T'�`'7�r ' '= f.f;,� — s ; 1 �j' . R. t , t t . , r._,• . r w r - '� . 3 Policy Nu,..ber r ApD�ESS COMPANY MENDEL S. KALIFF INSURANCE Lloyd's U.S. 70 N.E. Loop 410, Suite 440 !— ,, e -I _ A, Jan 1-t9 87 San Antonio Texas 78216 Expires _X 12:01 am ,— Noon Jan 1.19 88 This binder is issued to extend coverage in the above -amec company per expiring policy # excea!as nc!e7 uelo+ NAVE AND MAILING ADDRESS OF INSURED Description of Operation/Vehicles/Property AMERICAN BICYCLE ASSOCIATION, 1NC. 8620 N. New Braunfels, #311 San Antonio, Texas 78217 i i i Type and Location of Property Coverage/Perils/Forms JAmt of Insurance Ded coins i 1 I i r R I OP E R T i Y i i Type of Insurance Coverage/Forms Limits of Liability I Each Occurrence Aggregate L I Scheduled Form :_{-X Comprehensive Form ; Bodily Injury S s A 'X Premises/Operations i F Products/Completed Operations Property Damage is S L XX Bodily to ur s I _ Contractual 1' JJ .14 Y Other (specify below) (Property Damage is 1 ,000,OOdS None Med. Fay S Re, s P.- Corrbmec Ae•so� Acaa�r. � • Persona; Injury I L; A B L_ C I Perso,a' l^fUr; Is Inc 1 . Limits of Liability B Liability Non-owned — Hired Bodily Injury(Each Person) T Comprehensive-Deductible S Bodily Injure (Each Acctcent) S M j Collision-Deductible S 0 Medical Payments S Property Damage 5 I `. Uninsured Motorist S L No Fault (specify): f Bodiy Injury & Proper,v Damage E - — Other !specify): COmb!nec S _ WORKERS' COMPENSATION — Statutory Limits (specify states .,F c;:, — EMPLOYERS LIABILITY — Limit 5 *SPECIAL CONDITIONS/OTHER COVERAGES Participant Accidental Death $3,000; Excess Medical $3,000 with $200 Ded. —1 — -- ND ADDRESS DF L✓ MORTGAGEE Lino Lakes BMX #1059 --- — Ii MENDEL S. KALIFF David Rhode I 2816 Blackstone Avenue, South I St. Louis Park, MN 55416 Neil Schuldt ��, �� City of Lino Lakes r Lak es April 6, 1987 Bob Kelly - Kelly Agendy A 3585 Lexington `'Ave'." No. St . Paul, MN 55126 Dear Bob: Thank you for your prompt response to, the BMX track insurance issue I forwarded your concerns to the .BMX_ track organization leaders and they have provided the City with a copy of the actual policy, which you will find , enclosed. Hopefully, with the help of the _policy you can determine whether the coverage is adequate and also answer some of the questions you raised in your 3/26/87 letter (copy enclosed) . - The BMX track season is about to et underway ,y, and I feel this insur- ance issue needs to be settled as soon as possible. Please review the policy and forward your concerns and recommendations, or phone my office (464-5562) at your earliest convenience . Thanks again for -your prompt response. Sincerely, Randy Schumacher City Administrator RS/sf 1189 MAIN STREET, LINO LAKES, MN 55014 (612)464-5562 NSRS North Star Risk Services, Inc. 1401 West 76th Street,Suite 550 Minneapolis,MN 55423 (612)861-8600 April 13, 1987 Shar Foster Secretary of Park Board CITY OF LINO LAKES 1189 Main Street Lino Lakes, MN 55014 RE: City of Lino Lakes Dear Ms. Foster: Thank you for you letter of March 26, 1987 to Michael Everist regarding the BMX Track. The binder indicates that the American Bicycle Association is insured with Lloyds. I assume this covers the local BMX Association also for sanction races. L.M.C.I .T. still has a concern regarding the recommendation sent to the city on September 2, 1986. Please advise what the city' s intentions are with respect to these outstanding recommendations. Sincer y, eorge O'Connor Underwriting Manager GOC:djw cc: Kelly Agency, Inc. n KELLY AGENCY INC. gnsurance aC' 23ond 3585 LEXINGTON AVE.NO. ST_PAUL,MINNESOTA 55126 (612)483-5344 �K April 14 , 1987 Gk ` �y I Mr. Clayton John American Bicycle Association, Inc . P.O_ Box 718 Chandler, Arizona 85244 RE: BMX Track City of Lino Lakes Dear Mr. John: As per our phone discussion, I would like the following as soon as possible: 1 . Certificate naming the City of Lino Lakes as additional insured with thirty (30) days notice of cancellation or non-renewal . 2 . Certificate should indicate that liability covers participants as well as spectators for actual races . 3 . Also, we would appreciate any history and financial information that either you or the agent can make available as regards the company, Lloyds, U. S. Very truly yours, Robert P. Kelly, CPCU RPK:bf f. cc : Randy Schumacher, City of Lino Lakes Mendel S. Kaliff Ins. 70 NE Loop 410, Suite 440 San Antonio, TX 78216 ow�oe� 7 YOUR Rdepetwnt M .....(f,AGENT v[5• MS* E It,C HNOE R