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CR 88-145 Knowlwood Pond Area Maintence ,t,... t . '. July 14. 1988 Report: 88~145 . KNOLLWOOO POND AREA MAINTENANCE Proposed Action. Park Board recormnends the fa I 1 uW f ng motIon: Dlscontfnue !:urF and Ice rInk ma I ntenance at the Kno 1.1 wood Pond Area. OvervIew. The Kno 1 1 wood Pond area has been maIntaIned for many years at no cost by Park maintenance per sonne I . Thl~ maintenance consists of mowIng the turf areas around the pond and on the Island, and maintaining an Ice rInk when condItIons al low. ThIs maintenance was approved wIth no formal agreement of any type. DurIng the recent review of the parks by a vi rtua 1 1 y new Park Board the question of maIntenance of this prIvately owned area was questIoned. The Main concern that surfaced during dIscussIons was the questIon of fa 1 rness and precedent. These were Felt to oFf set the attempt to provIde some servIce In place of a CIty owned Park. . The Knol 1 wood AssocIation was approached wIth the concept of the area beIng turned over to the City as Park. They expressed no desire to have the City assume the area as a park. The only other possIble solut~on could be a well deffned agreement with strict stipulatIon of responslbflltles and speciFying availabIlity of the ar-ea for 1 i m i ted general recreat. i ana 1 use. Primary 1 ssue to Cons I der' . 0 Should rns i nt enance of the Kno 1 I wood Pond area be continued? .supportlnq Information. 0 Park Board. 6/27. Knol I wood Pond Area Maintenance Minutes. 0 J. M I I 1 er. 5/16/88. Park Board Memo 0 .J. Th i e I. 5/12/88. Pdrk Board Memo . on M. Q~ ------------- Thiel. Publ Ie arks DIrector .- ,'~<:t J . --- . CITY OF HOPKINS PARK BOARD MEETING MINUTES OF JUNE 27. 1988 HOPKINS CITY HALL A regular meetIng of the Hopkins Park Board was held on June 27 ~ 1988 !n the Counci I Chambers of Hopkins City Hall. I. Chairwoman Connors called the meetIng to order at 7102 p.m. I I . ROLL CALL Present were members; Connie Connors. ..John Hutchison. Christy Smith. Marcia Taubr. Michael Winship snd Counc ~ I 1 I a i son; Chuck Redepenning. Also present was start" member; Jon Th I e 1 . I II . MINUTES OF THE MAY 16. 1988 MEETING The minutes of the May 16. 1988 meetfng were approved by consent. I V. BUSINESS . '; A. KNOLL WOOD POND AREA MAINTENANCE The status of the Knol 1 wood Pond area maIntenance was discussed with representatives of the Knollwood Association. The repreosentatives of the Association, repOrted on th~ consensus of the area residents present at the .June 14 Association meeting. They requested that the City continue the same maintenance program as had been estab 1 i shed by inFormal agreement. but with a formal written agreement. The maintenance t.hat was e<stabl ished to have been done was mow'ng of all grass around the pond and on the Island and clearing and rna I nta r n i ng a recreational ice skating rink on the pond when Feasible. They Indicate they were not fnterested In donating the area to the City for park space. The> Board discussed the situation again and the consensus was as at ea r 1 i e r meet f ngs. That the City should concern itself with 1 f ab i I f ty . precedent. and fa j rness issues. . Jon Thiel 1 of 3 Public Works Director .Ll , ". .....,..('''t~ ., C,-,; , ~ <. c n H. Winship moved and M. Taubr seconded a motfon to .. recommend to the City Counc i I that mowing and fce . rInk maintenance be discontinued at Knollwood Pond and any other prIvately ownea arees. On the vote; Connors. Hutchison, Smith, Taubr, and Winship voted yes. The motIon was approved. B. SHADY OAK PARK/SHADY OAK SHORES OUTLOT a UPDATE The Park Board was updated on the Coune f 1 Action at thefr June 7th meeting, and fnFormed that Minnetonka would be reviewing the requirement of increasing to 12 parking spaces at their next Park Board meeting. C. HOPKINS AREA LITTLE LEAGUE , The Hopkins Little league was present to ask For help in relocating their present Little League field (M.B. Hagen field) along 11th A.ve South. THis 15 seen as necessary because of the proposed 11 th Ave South Impr~vement projects and the possible 6th St South construction dfrectly south of their Field. The Board dlscuss~d the various locattons that may be feasIble and the deslrabJ 1 Ity of a t~ttle League program. Staff was directed to investigate . the ownershIp, value and p05stble Interest in the schoo' donatIng or se I ling Maetzold Field to the City. The Recrea.t f on Department was to (nclude 'n the review a recommendation of" the recreatIonal need and compatibility with the Little League. D. HOPKINS CITlZEN SURVEY The Citizen survey that Is cur r"ent 1 y be'ng completed was reviewed and commented on. a survey that t.he Eden Prairie Park and Ree is using was revfewp.d and discussed. E . HOPKINS SCHOOL DISTRICT COMMUNITY SERViCES ADVISORY COUNCIL MEETING REPORT C. Smith reported that no meetIng was held durIng this period. 2 of 3 __.____r- . ..-.- 7 ~, jI . C I T Y 0 F H 0 P K I N S MEMO Date: May 16, 1988 '1'0: John Thiel From: Jerre Miller Re: Knollwood Area Pond 't'his will confirm our telephone conversation of May 12, 1988 concerning the Knollwood area pond. Although I am not enthused about the City's involvement in maintaining private amenities, I would consider 1~~bi11ty to the City for injuries or damage caused to be scant ~4 any. . However, it is always a source of amazement how creative the legal profession cen be in formulating~unique basis to support damage or injury claims. The opportunity to hypothecate on the basis of such claims becomes a little easier where the City is preparing the pond for skating in the wintertime. There is also the possibilit.y the other associations or entities can request the City maintain amenities such as the pool in the Plaza apartments, homeowners' association pocketpar(s and the like. This could create a discomforting precedent for the City. Obviously the issue of liability on the part of the City depends on the extensiveness and the nature of its involvement in maintaining privately owned amenities and without a specific factual circumstance. I can only say each claim would depend on the facts arising from the damage or injury claimed in using the amenity but it is certainly something for the park~ to consider in formulating 8 policy on this subject. I ' ! 1010 First Street South, Hopkins. Minnesota 55343 612/935 -84 74 An Equal Opportunity Employer