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06-07-1993 Study SessionCITY OF RICHFIELD, MINNESOTA CITY COUNCIL STUDY SESSION June 7, 1993 MEMBERS PRESENT: Martin Kirsch, Mayor; Susan Rosenberg; Russ Susag; and Don Priebe. MEMBERS ABSENT: Michael Sandahl STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; and Corrine Heine, Assistant City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. Item #I DISCUSSION OF GOLF FEES FOR SENIOR CITIZENS. S.S. LETTER N0. 13 City Manager Prosser reviewed Study Session Letter No. 13 regarding senior citizen golf fees at Rich Acres Golf Course. Community Services Director Fondrick presented the results of a study regarding golf course customer service, marketing, and funding issues. Matt Stokes, Chair of the Community Services Commission, stated the Commission had worked extensively with those issues and advocated operating the golf course as a business. He indicated they sought balance in use, enjoyment, and upkeep with fees about in the middle as compared to other golf courses. Council Member Priebe stated that his concern was with golf course fees in general, not dust senior fees. He stated his main interest was in fee comparisons to other immediately adjacent golf courses such as Minneapolis. Council Member Priebe noted that•a portion of the profits from Rich Acres must be given to the Metropolitan Airports Commission (MAC). Community Services Director Fondrick stated that 33~ of the profits must be contributed to the MAC, which was about $17,000 last year. He stated the golf course's objective was to provide a good product at a competitive rate. He stated the enterprise aspect provides support for other community recreation activities. Council Member Susag asked if employees receive a discount at the golf course. City Manager Prosser stated that no discount is given to employees. Study Session Minutes -2- June 7, 1993 Council Member Priebe stated disagreement with the philosophy that the golf course should act as a revenue producing enterprise like the liquor stores. He stated it is a recreation amenity that should support itself but shouldn't be used as a revenue base for other recreation activities. He stated that other recreational services such as softball at Taft Park and tennis should be examined to pay a larger share of their cost. City Manager Prosser stated these issues will be investigated as part of the budget consideration. Item #1 DISCUSSION OF LIABILITY WAIVER FOR RICH ACRES GOLF COURSE. S.S. LETTER N0. 14 City Manager Prosser reviewed Study Session Letter No. 14 regarding the use of liability waiver forms for City programs such as the golf course. He stated that this was a policy issue for the City Council as to whether to use or not use liability waivers. Assistant City Att©rney ?~ei~ne stated that the liability waiver is a recommended risk management tool that is enforceable and provides some reduction of certain types of liability claims. Council Member Susag questioned the fact that certain participants at the golf course such as patrons had to sign the waiver, but that occasional golfers did not have to sign it. It was explained that this was the case mainly because of administrative issues and that patrons are more frequent golfers. Jack Hennen, an attorney for the League of Minnesota Cities Insurance Trust (LMCIT), reviewed liability waiver advantages, examples of claims, and his recommendation to use the waiver forms . Vern Knudsen, 6509 5th Avenue, spoke in opposition to using the waiver for golf course patrons and indicated other golf courses did not use them. He suggested golf course employees wear hard hats to reduce liability while mowing the course. Council Member Priebe stated concern that the liability waiver could act as a disincentive to employees to take proper care and that the City is seeking to avoid responsibility for negligence. Assistant City Attorney Heine and LMCIT Attorney Hennen reviewed the issues related to claims, negligence, and non- negligence. They indicated that a waiver of liability is not protection against obviously negligent acts of the City. [: Study Session Minutes -3- June 7, 1993 Council Member Susag suggested that language similar to the waiver could be placed on the ticket or posted on the wall to put golfers on notice. Assistant City Attorney Heine indicated this would be an appropriate tool in addition to the liability waiver. Council Members Rosenberg, Susag, and Mayor Kirsch stated support for continuing use of the current liability waiver form. Council Member Priebe stated he favored softening the language of the liability waiver. Item #III DISCUSSION OF POSSIBLE INTEREST IN CITY ACQUISITION OF PROPERTY AT 7600 PORTLAND AVENUE. S.S. LETTER NO. 15 Mr. and Mrs. Faerber discussed with the City Council their plans to sell the property at 7600 Portland Avenue which has been vacant for 18 months. They asked if the City would be interested in purchasing the property for current or future park or street .. right-of-way use. They indicated the house would be rehabilitated for sale if the City has no interest in purchasing . it. After discussion of potential public uses of this property, it was the consensus of the City Council that the City is not interested in purchasing the 7600 Portland Avenue property at this time. Item #IV DISCUSSION OF SURVEY QUESTIONS FOR CITY SERVICES SURVEY STUDY SESSION LETTER NO. 16 City Manager Prosser reviewed Study Session Letter No. 16 regarding the survey draft prepared by Decision Resources, Ltd. City Council Members discussed their suggestions for clarifications, additional questions, elimination of questions, and the order of questions with Bill Morris of Decision Resources, Ltd. Mr. Morris indicated he would incorporate these changes into the survey instrument. Study Session Minutes -4- June 7, 1993 Item #V DISCUSSION OF DRAFT ETHICS POLICY. S.S. LETTER NO. 17 Administrative Services Director Devich reviewed Study Session Letter No. 17 regarding a draft ethics policy for City employees. Assistant City Attorney Heine reviewed the draft ethics policy, a proposed additional section relating to a waiver provision, and answered questions from the City Council regarding the policy. She stated that if the City Council adopts such a policy, it should be done by resolution. It was the consensus of the City Council that the draft ethics policy be scheduled for consideration of adoption at the next regular City Council meeting. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:01 p.m. Date Approved : 6/ 14/ 93 Thomas P. Fer er City Clerk 1