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02-23-2021-prc-sumCHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING MINUTES February 23, 2021 Chairman Boettcher called the meeting to order at 7:00 p.m. via Zoom. MEMBERS PRESENT: Jim Boettcher, Youth Commissioner Zoe Erpelding, Matt Kutz, Jim Peck, Joe Scanlon, and Karl Tsuchiya MEMBERS ABSENT: Sandy Sweetser STAFF PRESENT: Jerry Ruegemer, Park and Recreation Director, Priya Tandon, Recreation Supervisor, and Jodi Sarles, Rec Center Manager PUBLIC PRESENT: None. APPROVAL OF AGENDA. Park and Rec Director Jerry Ruegemer added the following items to New Business: ● An update to the first amendment for the Arboretum Trail which was on the February 22, 2021 City Council meeting ● An update on the hiring of a Recreation Supervisor ● Commissioner Tsuchiya will give an update on the Park and Recreation Commission interview process that took place on February 22, 2021 Commissioner Tsuchiya moved, Commissioner Peck seconded to approve the agenda as amended. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC ANNOUNCEMENTS. Rec Center Manager Jodi Sarles reviewed the donation drive in collaboration with the Carver County Resilience Team as well as local nonprofits, school districts, and churches. A food drive will take place on February 24, 2021 at Lunds & Byerly’s and Cub Foods. People Reaching Out to People (PROP) food shelf will be the recipient of the donations and requests shelf-stable breakfast foods and personal care items. Participating partners include the school district, Lion’s Club, Carver County Resilience Team, Lunds & Byerly’s, and A-Z Rental. VISITOR PRESENTATIONS. None. APPROVAL OF MINUTES. APPROVE PARK & RECREATION MINUTES DATED JANUARY 26, 2021 Park and Recreation Commission Minutes – February 23, 2021 2 Commissioner Peck moved, Commissioner Tsuchiya seconded to approve the Minutes of the Park and Recreation Commission Meeting dated January 26, 2021 as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. NEW BUSINESS. Commissioner Kutz arrived. Mr. Ruegemer gave an update on the amended Joint Powers Agreement for the Arboretum project which was on the February 22, 2021 City Council consent agenda. The cost exceeded the $1.2 million budgeted for Chanhassen’s portion of construction costs. Carver County granted a 5-year interest-free loan to pay for additional construction costs. The City Council was presented with an amended Joint Powers Agreement outlining the repayment plan. In 2020 the City paid $497,746.28 of the cost. The remaining balance will be included for payment from 2021-2025 in payments of $96,309.77 to Carver County. Construction will mobilize in the next couple months with an anticipated completion of July 2021. Park and Recreation Commissioners will be invited to the ribbon cutting. Chair Boettcher asked if the total was still $1.6 million. Mr. Ruegemer confirmed that the total was $1,681,549. Mr. Ruegemer gave an update on the progress in hiring a Recreation Supervisor. The Park and Recreation department has been rearranged and the newly hired person will handle facility scheduling and adult softball. The job posting closed February 18, 2021 and there were 58 applications. Eight people were selected to be interviewed on March 3-4, 2021. He is hoping the new hire will start by the end of March so that they can assist with the busy spring and summer schedule. Mr. Ruegemer added that a Park Maintenance position has also opened up. There were 18 applications and five candidates will be interviewed on February 25, 2021. Once the person has been hired, the department will be back at full staff. Mr. Ruegemer asked Commissioner Tsuchiya to give an overview of the Park and Recreation Commissioner interviews held on February 22, 2021 as the Park and Recreation Commission representative to the interview panel. Commissioner Tsuchiya reviewed that 9-10 people had been scheduled to be interviewed but three had dropped out due to the time commitment. He was pleased with the questions, candidates, and process. There will be another set of interviews on March 8, 2021 involving potential Park and Recreation Commissioners. OLD BUSINESS. Park and Recreation Commission Minutes – February 23, 2021 3 MIXED USE IN CHANHASSEN PARKS UPDATE Ms. Sarles discussed the use of Chanhassen parks by private entities for commercial gain. Past Park and Recreation Commission discussion had included City liability, injury, and the potential for sexual assault. The City consulted City Attorney Andrea McDowell Poehler who referenced Chanhassen City Code Sec. 14-58 regarding public gathering permits: A permit shall be obtained from the city before participating in any of the following activities in a city park: (1) Carnivals; (2) Community celebrations; (3) Gatherings of 50 or more persons, including picnics and political gatherings; and (4) Contests and exhibitions, including, among other things, those that require exclusive use or charging admission. Current code allows paid, private programming in City parks, unless the City has scheduled another event for the same location at the same time, or unless the use is for a specific public gathering that falls under current City code. If an incident should occur, Attorney McDowell Poehler referenced Minnesota State Statute, M.S. 466.03 subd. 6e, which states that cities have statutory immunity from claims relating to the operation and maintenance of parks. Meaning, so long as the City isn’t willfully making or maintaining a condition that is likely to cause death or serious bodily harm, the City is immune from most claims relating to parks. Provided the event is not a City program and the City has no involvement, it would not be liable for acts or failures to act by the individuals leading the program or any injuries to participants. Ms. Sarles asked the Park and Recreation Commission to direct staff if they should explore additional options for application or permits or leave it as is. Staff’s main concern is if the activities might distract from the enjoyment of parks by other residents and making sure the quality of parks is preserved. Commissioner Peck asked if, hypothetically, an individual wished to conduct private tennis lessons, would a background check be required? Ms. Sarles stated that a background check was not required and the City would not be liable if something would occur. Commissioner Peck asked specifically if a child were molested by the individual providing lessons. Would the City have a moral responsibility? Ms. Sarles stated that it would be the City’s preference to have background checks for groups coming in and using the parks. Currently, there is one person using the park for tennis lessons who does undergo a background check. Park and Recreation Commission Minutes – February 23, 2021 4 Commissioner Peck stated he felt the City had a moral responsibility if a child would be abused. Ms. Sarles stated that, currently, background checks run about 4 weeks, especially toward the summer. The City is looking at how to streamline the process. Commissioner Peck stated he has worked with a company that does background checks and uses them for baseball. Results are typically available within two days. Mr. Ruegemer asked Commissioner Peck to provide him with information on the company that he has used. REPORTS. 2021 FEBRUARY FESTIVAL EVALUATION Recreation Supervisor Priya Tandon gave an overview of Chanhassen’s February Festival. Due to the executive orders and restrictions on the number of people allowed at events, there was a virtual fishing contest and medallion hunt. The fishing contest had 284 tickets purchased. Participants had a week to submit their fish in one of five categories: Northern, Sunfish, Crappie, Walleye, or Perch. Submissions came from 16 lakes across Carver County. Prizes were awarded to the top 50 fish measured by length - 49 of those were Northern. There were 154 fish submitted and the winning Northern was 36.25 inches from Lake Waconia. Tickets were $10 which resulted in $2,840. 220 people participated in the fishing contest which is below half of the typical participation. $4,500 in fishing prizes were given away, donated by local sponsors. T-Mobile was the title sponsor and their donation covered printing, publishing, and prizes. The medallion hunt was sponsored by Charter Bank and the medallion was located at Lake Ann Park near the fishing pier. The bank helped write and post the clues and put together a $500 prize basket. Ms. Tandon recommended looking at the fishing rules for the 2022 contest to see if they should be modified based on species. The Park and Recreation Commission may also consider how best to divvy out prizes to best serve participants. Chair Boettcher agreed that the prizes seem unequal and recommended adding GPS locations where fish are caught. Ms. Tandon stated that the prizes were spread out to discourage cheating. She mentioned that there had been some comments that a leaderboard would be helpful but it had been decided that might affect the integrity of the contest. Overall, it seemed like participants read the rules and were fair in their submissions. Park and Recreation Commission Minutes – February 23, 2021 5 COMMISSION MEMBER COMMITTEE REPORTS. None. COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. ADJOURNMENT. Commissioner Kutz moved, Commissioner Tsuchiya seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Park and Recreation Commission meeting was adjourned at 7:32 p.m. Submitted by Jerry Ruegemer Park and Rec Director