2-19-25 Parks Commission Meeting Packet

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STAFF REPORT DATE: 02/19/2025 Motion TO: Park Commission AGENDA ITEM: Kristina Tonseth Donation SUBMITTED BY: Adam Swanepoel, Assistant Public Works Director REVIEWED BY: Marty Powers, Public Works Director BACKGROUND: The city has received a donation form for public improvements from Kristina Tonseth to be used for the purchase and installation of a memorial bench placed in the Demontreville Park Wildlife Area. The donation would be in memory of Peter David Epland. ISSUE BEFORE PARKS COMMISSION: Should the Parks Commission accept the donation of $1,600 from Kristina Tonseth? PROPOSAL DETAILS/ANALYSIS: Kristina Tonseth wishes to donate $1,600 to fund upgraded park improvements in the Demontreville Park Wildlife Area. The donation would purchase a memorial bench and plaque in memory of Peter David Epland. The proposed location of the bench would be at the south entrance of the park (#6) near Demontreville Trail N. Parks Commissioners should consider the following when accepting donations: (1) Is the gift of lasting value to the community? (2) Does it create potential liability issues for the City? That is, will people walk on it, sit on it, or under it? Will construction be inspected, is construction up to current standards (ADA accessible, for example?) Are the materials used acceptable for public construction? (3) Will some member of the public find the item offensive; can it be construed as having a religious content, or offending members of a protected class? (4) What will the potential annual maintenance cost of the gifted object be? Do the costs outweigh the value of the gift? (5) Does the gift carry implied duties that the City must perform? What is the cost of performance of such duties? Does the cost exceed the value of the gift? (6) If costs, direct or indirect exceed the value of the gift; acceptance of the gift may still be warranted if a public purpose is being served and all understand the costs as well as the value of the gift. (7) Also, does the acceptance of the gift imply that the City will replace the gift when worn out, destroyed by vandals, etc? If the gift is found to be no longer of use in the future, may the City at that time, sell, dismantle or convert to another use? (8) All agreements, prohibitions, etc, with respect to the gift should be noted in the minutes or Memorandum of Agreement for future reference.