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081109 PK AgPCITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL • TUESDAY, AUGUST 11, 2009 7:00 P.M. AGENDA 1. CONVENE PARK COMMISSION MEETING A. Roll Call Davis DeMers Norman Trent Quinlan Robb Edmondson B. Review Agenda 2. APPROVAL OF MINUTES A. Park Commission Park Tour Minutes of July 14, 2009 — (Att.42A) 3. MATTERS FROM THE FLOOR 4. REPORTS A. Report on City Council Meeting B. Update on Eclipse Painting and Eddy Station Shelter — (Kristi Anderson -CRR) • C. Report on Garage Band Jam Event D. Update on Silverwood Park Shelter — (Kristi Anderson -CRR) E. Update on Manor Park Shelter — (Kristi Anderson -CRR) F. Report on Hennepin Ballpark Grant Program -- (Att. #4F)(Kristi Anderson- CRR) 5. MAINTENANCE OF MANOR POND — (Director Public Works, Larry Brown and DNR, Dick Osgood) 6. CONTINUED FROM JULY 14, 2009 MEETING — REVIEWING AMENDMENT AND CONDITIONAL USE PERMIT FOR LITTLE LEAGUE SIGNAGE AT BALL FIELDS — (Att.46)(Park Commissioner, Jeremy Norman and Kristi Anderson- CRR) 7. REVIEW AND APPROVE SIGNAGE FOR THE PARKS — (Att.- #7)(Kristi Anderson -CRR) 8. REVIEW FALL SURVEY — (Att.- #$) 9. REVIEW AND APPROVE THE ADDITION OF BIKE RACKS - (Att.- #9)(Kristi Anderson -CRR) 10. DETERMINE LIAISON FOR CITY COUNCIL MEETING ON AUGUST 24, 2009 11. NEW BUSINESS 12. ADJOURN 1^ t • CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, JULY 14, 2009 5755 COUNTRY CLUB RD SHOREWOOD CITY HALL 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING A. Roll Call Present: Chair Norman; Commissioners Davis, DeMers, Quinlan, Robb, and Edmondson Late arrival City Council member Bailey; and Park Coordinator Anderson Absent: Commissioner Trent B. Review Agenda • • Davis moved, Quinlan seconded, approving the Agenda as submitted. Motion passed 6/0. 2. APPROVAL OF MINUTES A. Park Commission Park Tour Minutes of June 9, 2009 Quinlan moved, Robb seconded, approving the Park Tour Minutes of June 9, 2009, as presented. Motion passed 6/0. B. Park Commission Meeting Minutes of June 9, 2009 Edmondson moved, Davis seconded,, approving the Regular Minutes of June 9, 2009, as submitted. Motion passed 6/0. 3. MATTERS FROM THE FLOOR There were none. 4. REVIEW AMENDMENT AND CONDITIONAL USE PERMIT FOR LITTLE LEAGUE SIGNAGE AT BALL FIELDS - (Planning Director, Brad Nielsen) Planning Director Nielsen explained that the Council directed staff to draft a tightly written amendment to the Code that would include a license agreement setting forth the conditions of approval. Staff suggested a conditional use process be established listing the circumstances under which signs would be allowed in the parks. One of the conditions requires the applicant to enter into an annual license agreement with the City. This gives the City greater control than just the CUP. In addition, Nielsen stated that there is no vested right in the license from year to year, and if the City decided not to allow signs in the parks in the future, it would simply not issue a license. Nielsen indicated that the placement of signs would be limited to Freeman Park, the one and only community park, that the backs of the signs must be colored dark green, the license must be applied for annually, and that the license must pay permit fees for each individual sign. 2A A, PARK COMMISSION MINUTES TUESDAY, JULY 14, 2009 PAGE 2 OF 6 Nielsen summarized the temporary sign ordinance changes, noting that each individual sign would require a $20 permit fee and an annual license fee of somewhere around $150 would be required to apply • for the permits. He asked the Commissioner for their input. Edmondson reiterated that signs be allowed only in Freeman Park, the City's only Community Park, and not in the smaller neighborhood parks. He asked to be consulted with regard to the paint choices chosen for the back side of the mesh signs. In addition, Edmondson suggested the City be allowed to review the types of advertising allowed on tine signs. He did not want to see inappropriate advertising for liquor or tobacco in the parks. Nielsen stated that the City could not really get into or limit the content of the advertising, due to freedom of speech. He indicated that the Ordinance must remain content neutral. Chair Norman stated that he would put the question to the City Attorney. He indicated that advertising is generally exempt from freedom of speech laws and maintained that the City should have a say over what is posted. Nielsen stated that he would run the question by the City Attorney and have information to provide the Planning Commission at their upcoming meeting. As the advertising is on City property and in view of children, the City might have content prevue. Robb agreed content was a big concern. He asked if the signs would be up all summer. Anderson stated that the signs should generally take a hiatus mid July to mid August during the off- season. • Chair Norman reiterated his position that lie did not agree with signs in the public parks. He did not like the direction this was going allowing commercial signage in mixed use public spaces. He also asked to see the financial accountability piece' incorporated into the documents. If the little league is going to make money off of the public space, he wanted to have a record of where it goes. Norman stated, given the fact that, the little league came to the City originally looking for ways to fund scholarships, he felt it reasonable to see an accounting of whether that is where the money goes. Davis added that there should be a piece with regard to indemnification against theft. She stated that, she too, was very concerned about content and felt it was an inappropriate invasion of the public space. Having disregarded what both the Park and Planning Commission's had recommended, she felt the City Council was opening a flood gate of issues. Davis stated she had a real disconnect with what the little league originally said they needed money for and the direction she heard them going during the park tour, building new batting cages and potentially a new concession stand. Quinlan asked whether the City could differentiate between the two ends of Freeman park. He felt the City was on a slippery slope. Nielsen stated that he could not differentiate between the ends of Freeman nor between sports programs, although the other organizations had not expressed an interest at this time to pursue advertising. Nielsen stated that if the neighborhoods express concern and enough complaints come in, the whole process could be unraveled as created now. • PARK COMMISSION MINUTES TUESDAY, JULY 14, 2009 PAGE 3 OF 6 Davis moved, Quinlan seconded, asking Nielsen to incorporate the Park Commission changes • including indemnification for theft, content purview, financial accountability, color, size and height of signs into the documents. In addition, she stated that the Park Commission, in general, does not support the City Council's initiative for advertising on the fences, but in an effort to compromise would review the revised document at its August meeting. Motion passed 6/0. Bailey interjected that the City Council approved 4/1 to go forward with the concept. He viewed the issues as aesthetics versus legal, and did not see a legal problem utilizing the facilities this -way. He felt there was great synergy in the relationship, these sports organizations serve community and the local businesses appreciate a way to reach their customer base. Bailey believed staff had attached sound restrictions to ensure the public interest and that the signs themselves provide a lively decoration in the ball parks. 5. REPORTS A. Report on City Council Meeting of July 13, 2009 Bailey stated that the only park relevant item concerned the Community Center request byCRR's Director Anderson for funding to update flooring and painting throughout. B. Update on Park Signs Anderson stated that she had provided the park sign designs to other contractors for additional bids. She stated that the original contractor had provided her with pricing for real stone faced pillars and a faux stone limestone center which was approximately twice the cost of the polystyrene signs which came in at • $4000 -5000. Robb passed around a photograph of theRandy's Sanitation sign from Delano and stated that the sign was very attractive. Anderson stated that she would return with a recommendation at the next meeting as well as a sample of the polystyrene stone for the Commission to view firsthand. C. Spring Survey Results Anderson shared the spring survey results from the ongoing online survey monkey survey and asked for comment. The Commissioners were intrigued by the results and encouraged staff to come back in August with a proposed fall survey for review. They asked Anderson to try to take a different approach in an effort to keep the survey interesting. With regard to interconnectivity, they suggested a question asking where folks might like to see additional trails within the park system, or where they like and walk currently. D. Update on Manor Pond Chair Norman reported that about 30 people from the Manor Park neighborhood, the Mayor, and Dick Osgood from the DNR, met at Manor Park prior to the evening meeting to discuss the conditions of the Manor Park pond. It was the opinion of many of the neighbors that the quality, appearance, and • condition of the pond had deteriorated significantly over the past few years and they wished to see what could be done. PARK COMMISSION MINUTES TUESDAY, JULY 14, 2009 PAGE 4 OF 6 Chair Norman stated that Mr. Osgood, as well as, Julie Westerlund of the Watershed stated that the pond was functioning as was designed, as a stormwater pond whose quality and water level fluctuate year to year. Norman suggested the Commission ask staff to test the water quality and make a recommendation with regard to a chemical solution or dredging. He urged staff to meet with Public Works Director Brown and/or Engineer Landini to consider the alternatives, find out what the stormwater management plan is, what the timetable for dredging and maintenance is, and ask why fill had been dumped in the pond on two occasions to save a plow. Davis stated that there are many ponds within the west metro that are in similar situations and that the City must ensure the piping is cleared out in order to get the silt cleaned out from time to time. Norman also suggested the aerator be removed from the development near the pond who seems may be exacerbating the problem. 6. APPROVE REVISED DONATION REQUEST FORM The Commission complimented staff on the changes, stating the document was more clear`and concise at this presentation. Bailey suggested the document thank the donor for their contribution. Davis moved, Edmondson seconded, recommending approval by the City Council of the revised donation request forms with the addition of `thank you for your donation' at the documents conclusion. Motion passed 6/0. 7. REQUEST FOR FUNDING FOR 2010 ARCTIC FEVER EVENT • Chair Norman stated that the Arctic Fever committee would like to ask the City Council for funding for the event. Having proven itself over the past several years, Norman felt a contribution of $1500 was warranted. Anderson reminded the Commission of staff's previous explanation from April, which stated that the committee could make the request but the City Council would likely direct the Commission to redefine their own budget to allow for the expense, for instance, something else would have to give if this was deemed more important. Chair Norman stated that the Park Commission will need to set aside more funding, in general, if it is going to enhance or build programming in 2010 He noted that a higher level of contributions will be required and dedicated to grow this piece of the park and rec program. Anderson explained that the City Council contributes $45,000 to Parks annually, which is generally put into the CIP for the `bricks and mortar' within parks. She suggested the Commission make a recommendation or request the City Council make a contribution to the general fund of $X from the $45,000 given to parks to specifically beset aside for funding park programming. For example, instead of the entire $45,000 going to the CIP, $2500 of that is set aside in the general fund for programming, and $42,500 is deposited into the CIP. Bailey believed the Commission could make such a request that this piece be put into the general fund or operations budget to fund programming specifically, as opposed to the entire amount going to the CIP. • PARK COMMISSION MINUTES TUESDAY, JULY 14, 2009 PAGE 5 OF 6 Since the funds must always come from somewhere, he questioned what they would be losing if they 10 chose to take the funds out of their own budget in this way. Chair Norman stated that he would make the request as the liaison at the next City Council meeting that the Council holds back $2500 from the CIP contribution to be allocated to the operations budget to specifically enhance programming for 2010. 8. REVIEW AND APPROVE 0 -2 YEAR PARK RENEWAL SCHEDULE Anderson shared the pricing estimates for the 2009 -2010 park renewal schedule as discussed at the previous Commission meeting. She asked the Commissioners to begin to prioritize their improvements and make a formal recommendation to the City Council to be used in the budgeting process, based on a rough CIP budget of $150,000. Once the Commissioners reviewed their priorities on a park by park basis, Chair Norman urged the Commissioners to narrow down their list to the top 4 -6 for all parks that could be accomplished in the next 0 -2 years. Upon review of the Commission's top priorities for each of the parks, Anderson indicated that they had far exceeded any CIP budget that existed and urged the Commission to realistically reconsider which were their top priorities. Davis moved, DeMers seconded, recommending their top priorities to the City Council for review • including: 1) Park Signs — budgeted for $30,000 2) Bike Racks 3) Silverwood Park Shelter 4) Remodel Manor Park Shelter/Warming House 5) Upgrade Badger warming house with paint, roofing, siding 6) Install Rustic Trails — at Badger and Silverwood 7) Tennis. Court overlay For an estimated $80,000 from the CIP budget. Motion passed 6/0. A. Review Questionnaire For Open House on July 15 Anderson shared a draft questionnaire and playground element option boards to be posted at the Open House on July 15` The Commission thought it would be useful to provide the questionnaire and thought the playground options a fun addition to the open house. 9. DISCUSS PRESENTATION FOR OPEN HOUSE ON JULY 15 AND DETERMINE WHO WILL BE ATTENDING Anderson, Chair Norman, and each of the Commissioners indicated that they would be present at the • open house. A PARK COMMISSION MINUTES TUESDAY, JULY 14, 2009 PAGE 6 OF 6 10. DISCUSS THE ROLE OF THE PARKS WITH THE SOUTH SHORE CENTER Chair Norman indicated that with the Community Center being run by Anderson and CRR, there would be more opportunities to enhance park programming. Although separate from the parks department, Anderson urged Commissioners to share their ideas for the Community Center and explained that she was recruiting for an advisory committee to assist her with programming ideas for the center. Davis shared her interest in assisting the effort. 11. DETERMINE LIAISON FOR CITY COUNCIL MEETING ON JULY 27, 2009 Chair Norman volunteered to liaison for July 27` 12. NEW BUSINESS Chair Norman asked if staff had spoken to the contractor regarding Eddy Station and what the person had to say about the variation in color. Anderson stated that she had spoken to the contractor and that he indicated that during his initial visit to the site he failed to notice that the 4 "' side was sealed differently than the other three. She stated that clearly the contractor should have made a call from the site when he discovered that it was going to be more involved than originally thought in order to give the City a chance to decide whether they were willing to pay for the additional work required. The contractor, Eclipse painting, stated that while three sides were polyurethane tinted stain and 0' side and under the canopy was done in a polyurethane varnish and sealed natural. He chose to sand and restain the three sides and simply sand ad reseal with • the natural varnish on the 4` side. Chair Norman stated that, in his opinion as well as many others, this is poor and he asked whether the City could ask the contractor to come back and do it right. Anderson stated that she could contact Eclipse and tell them the City would like to have been contacted mid process to make the call on how to proceed. She said she would ask whether they would make it right, at what cost, cost of materials or what, since the City is unhappy with the result and report back to the Commission. 13. ADJOURN Davis moved, DeMers seconded, adjourning the Park Commission meeting at 10:10 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED Kristi B. Anderson Recorder • CITY OF sw 1�1j" 3 011 SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952- 474 -3236 Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityhall a ci.shorewood.mn.us To: Park Commission From: Twila Grout — Park Secretary Kristi Anderson — CRR Date: August 6, 2009 Re: Agenda Item 4F — Report on Hennepin Ballpark Grant Program City Administrator, Brian Heck forwarded an e -mail to Kristi and I from Hennepin County Commissioner Jan Callison, regarding the Hennepin Ballpark Grant program. The Minnesota Amateur Sports Commission will be handling this program. It is a new program that has funds available for capital projects to build, repair, renovate or expand youth sports facilities in Hennepin • County. Grant awards will range from $10,000 to $400,000. Applicants can be from local government, park systems, cities and school districts. Youth sports organizations are encouraged to partnership with the applicants. Right now they are looking for a description of the project that will be proposed and a contact person. Kristi has responded to the committee with a few different projects for consideration. Kristi will provide an update at Tuesday's Park Commission meeting. Attached is the correspondence for review. • 4F Twila Grout From: Brian Heck Sent: Wednesday, July 22, 2009 11:37 PM • To: Julie Moore; Twila Grout; commrecresources @mchsi.com Cc: Chris Lizee; Jeff Bailey; Jeff Bailey; Laura Turgeon; Richard Woodruff; Scott Zerby Subject: FW: Hennepin Ballpark Grant Program Attachments: Youth Sports Initiative BAR09- 0320R3. pdf Please review this possible grant opportunity and provide a recommendation regarding applying for the grant and what project(s) funds could be used for. BRIAN W. HECK CITY ADMINISTRATOR CITY OF SHOREWOOD 5755 COUNTRY CLUB RD. SHOREWOOD MN 55331 OFFICE 952 - 960 -7905 MOBILE: 952 -463 -5836 From: Cassandra .Holmstrom @co.hennepin.mn.us [ma ilto: Cassandra. Holmstrom @co.hennepin.mn. us] On Behalf Of Janis.Callison @co.hennepin.mn.us Sent: Wednesday, July 22, 2009 4:00 PM To: Janis.Callison @co.hennepin.mn.us Subject: Hennepin Ballpark Grant Program July 22, 2009 Dear District Six Mayors and City Managers: 0 As you may be aware, the Hennepin County Board authorized the creation of the Hennepin Ballpark Grant Program at last week's county board meeting. Preliminary information about the program is available below in case you are interested or have received inquiries from others. Please feel free to forward this information as appropriate. The Minnesota Amateur Sports Commission will be administering this new program. Details have yet to be developed but the resolution approved by the Board (copy attached) generally provides the following: Funds are available for "capital projects to build, repair, renovate or expand youth sports facilities in Hennepin County "; Applicants must be local units of government, local park systems, cities and school districts. Youth sports organizations are encouraged to establish partnership with applicants; The criteria for award of the funds includes need, equitable distribution across Hennepin County, the availability of other funds including operating funds, and the inclusion of environmental improvements; Grant awards will range from $10,000 to $400,000. Those who are interested should send a letter to the Minnesota Amateur Sports Commission by e -mail to Roger Stawski at rstawski(a�nsc sports. org . At this time, Mr. Stawski is looking for a brief description of the projec0l you will be proposing and a contact person. Please also feel free to contact me or members of my staff with any questions you may have. Regards, Jan Callison W ennepin County Commissioner District 6 612- 348 -7886 Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney - client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. is U Twila Grout From: Roger Stawski [rstawski @nscsports.org] Sent: Monday, August 03, 2009 7:16 PM To: commrecresources @mchsi.com Cc: Twila Grout; solson @nscsports.org; merickson @nscsports.org Subject: RE: Hennepin Ballpark Grant Program Kristi, Thank you for your inquiry. We are in the process of finalizing details of the grant program with Hennepin County and should have all the details worked out in the next couple of weeks. I will put you in the queue for when all the details are worked out. Please feel free to stay in contact with me re: this opportunity. Best Regards, Roger Stawski Chief Financial Officer National Sports Center P) 763.792.7307 F) 763.785.5699 www. nscsports. orq ­­**­NOTICE­********* • This e-mail and attachment(s) may contain information that is privileged, confidential and /or exempt from disclosure under applicable law. If the reader of this e- mail is not the intended recipient or you as the intended recipient do not have written consent from the sender, you are hereby notified that any dissemination, distribution or copy of this message is strictly prohibited. If received in error, please notify the sender immediately and delete /destroy this e-mail and any copies thereof. From: commrecresources @mchsi.com [mailto :commrecresources @mchsi.com] Sent: Tuesday, July 28, 2009 4:47 PM To: rstawski @nscsports.org Cc: Twila Grout Subject: Hennepin Ballpark Grant Program Greetings Roger, My name is Kristi Anderson and I am the Park Coordinator for the City of Shorewood. In response to the Hennepin Youth Sports Program Grant opportunity to build, repair, renovate, or expand our youth and amateur sports facilities in Hennpin County we would like to submit a number of projects for consideration. 1) In coordination with the Minnetonka Youth Hockey Association, the City of Shorewood would like to replace two dilapidated hockey rinks, one within the City of Shorewood's Badger Park and the other shared with the City of Chanhassen, within Cathcart Park. These rinks currently are in very poor shape, in fact, the lights on the poles are in jeopardy of falling. It would be our intent to replace the lights and rebuild these rinks with synthetic boards which are more environmentally friendly, safer for kids, and aesthetically pleasing to the neighbors. By adding a hard surface to the rink (pavement or concrete) these rinks would serve multiple year round purposes as hockey rinks in the winter, in -line skating surfaces in the summer, and basketball with the • addition of hoops year round. The rinks would provide year round recreation in a small condensed area to expand all of these youth sports activities. 2) In addition, the City of Shorewood would like to add 2 -4 tennis courts within the City limits using an astro- turf surface, which is more environmentally sound, requires less maintenance long -term, and allows for the expansion of individualized recreation opportunities beyond the large scale 'team' sport venue. Working with USTA and this grant program, it would be a great benefit for our south lake area youth. 3) Finally, I also manage the Southshore Community Center in Shorewood under the Parks and Recreation umbrella. Previously run as a senior center, the Community Center is undertaking the monumental task of repositioning itself in the marketplace for our active youth. We are collecting estimates for new carpeting, flooring, painting, active game room amenities such as ping pong and pool, musical additions, and outdoor amenities for picnics and hiking, as well as, added space for programming such as dodge ball, basketball, football camps, and beyond. I understand that the Minnesota Amateur Sports Commission will be administering this program. Please don't hesitate to let me know what additional information I can provide you with at this time, including estimates if necessary. My contact details are below. Thank you for your consideration, Kristi Anderson Park Coordinator City of Shorewood 612- 743 -4124 commrecresources(2?mchsi.com 0 • CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (952) 474 -3236 FAX (952) 474 -0128 • www.d.shorewood.mn.us • dtyhali @c+.shorewood.mn.us • MEMORANDUM TO: Park Commission FROM: Brad Nielsen DATE: 6 August 2009 RE: STLL — Signs in Parks FILE NO. 405(09.04) At its last meeting the Park Commission continued discussion of the signs in parks issue to I 1 August, pending some research by staff relative to the CUP and the proposed license agreement. The items questioned by the Commission have been incorporated into a revised license agreement, which is attached for your review. Most significantly, the City can dictate content in this case, because it is our property. The indemnification provision has been revised, and staff will include in the amendment and the CUP an overall height provision (five feet). Since Park Commission review, the Planning Commission held a public hearing on the matter, after which they voted not to recommend the amendment. Relative to the CUP, they recommended that if the amendment were to be approved, the CUP should address the items raised by the Park Commission. Due to a previous commitment, I will not be at the meeting on Tuesday night. If issues arise that cannot be answered by Kristi Anderson, this item could be continued to your next meeting. Please do not hesitate to contact me on Monday by phone or e- mail if you have questions. • Cc: Kristi Anderson Twila Grout Kyle Heitkamp �: «� PRINTED ON RECYCLED PAPER LICENSE AGREEMENT THIS AGREEMENT, is made this day of , 2009, by and between the City of Shorewood, a Minnesota municipal corporation (the "City ") and South Tonka Little League, a Minnesota non- profit corporation (the "Licensee "). RECITALS A. The City is the owner of Freeman Park located in the City of Shorewood, State of Miruiesota (the "Park Property "). The Park Property contains a Little League baseball field that has outfield fences ( "Outfield Fences "), the location of which are shown on attached Exhibit A. B. Section 1201.03 (4)(b) of the City Code allows nonprofit athletic associations, con- tracted with the City pursuant to Section 902.06 of the City Code to place temporary business spon- sorship signs on certain outfield fences on public property, subject to obtaining a conditional use permit from the City. C. Licensee desires to install and maintain signs on the Outfield Fences. D. The City has granted Licensee a conditional use permit to install and maintain signs on the Outfield Fences, subject to Licensee entering into this Agreement. E. The City is willing to grant Licensee a license to install and maintain signs on the Out- field Fences, subject to the terms and conditions of this Agreement. • NOW, THEREFORE, in consideration of the mutual agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of License Subject to the terms and conditions hereof, the City hereby grants Licensee a revocable license to use the Outfield Fences during the term of this Agreement, for the purpose of installing and maintaining no more than 15 signs. Licensee accepts the Outfield Fences and Park Property AS IS and WHERE IS with all faults and defects. 2. Term of License cerise granted under Paragraph 1 the parties and shall terminate on This is an annual license. The term of this Agreement and the li- hereof, shall commence on the date that this Agreement executed by 3. License Fee Licensee shall pay the City the sum of $ as the fee due and payable to the City in consideration for this Agreement. This license fee is due and payable to the City by Licensee, whether or not Licensee installs Licensee's signs upon the Outfield Fences, and regardless of the actual length of the term of this Agreement. 3i3945vI SJSS14230 -42 4. Sign Requirements (a) Licensee shall use the Outfield Fences only for purposes of displaying not more than 15 signs and for no other purpose. (b) All signs must be spaced at least seven feet apart. (c) All signs must face into the ball field and be situated on the fences so that the view of the signs is minimized from adjacent residential properties. (d) Licensee shall be responsible for applying for and obtaining a temporary sign permit from the City for each of the signs. (e) Each sign's dimensions must not be greater than 3.5 feet in width and seven feet in length. (f) All signs must be professionally made, using durable weather - resistant material. (g) All signs must be either painted or colored dark green on the back sign of the sign. (h) Licensee shall install the signs in a good and workmanlike mamzer and at Licensee's sole cost and expense and in accordance with all applicable laws and ordinances. Li- censee shall be responsible for any damage to the fence that is caused by the installa- tion or display of the sign. (i) Licensee shall be responsible for any damage that is caused to the Outfield Fences or the Park Property due to Licensee's installation or display of the signs. Licensee shall be responsible for replacing Licensee's signs, in the event that they are damaged from any cause whatsoever. If Licensee fails to immediately maintain the signs or remove damaged signs, the City may remove the signs without providing notice to Licensee. (j) Licensee shall, at Licensee's sole expense, keep and maintain the signs in good condi- tion and repair. (k) Signs advertising alcohol, tobacco, or products of a sexual nature are prohibited. 5. Destruction and Restoration If any part of the Outfield Fences, the Park Property or any sign posted on the Outfield Fences is damaged by any act of vandalism, casualty, or other means or is affected by any Act of God, whether insured or uninsured, the City shall have no obligation to repair such damage. Licensee will have the option, but not the obligation, to rebuild or repair or to terminate this Agreement by exercise of written notice to the City 6. Indemnity and Insurance • (a) Licensee shall defend, indemnify, and save the City harmless from and against any and all claims, demands, suits, liabilities, costs or expenses, including reasonable at- 353945vl SJS SH230 -42 2 torneys' fees, incurred or suffered by reason of injury to or death of any person, or loss or damage to property (including any sign) which arise or are caused, directly or indi- rectly, by Licensee's use of the Outfield Fences or the Park Property in connection with Licensee's exercise of its rights under this Agreement. Licensee's use of the Out- field Fences or the Park Property in connection with Licensee's exercise of its rights under this Agreement shall be at Licensee's own risk, and the City shall have no liabil- ity to Licensee or any third person for any loss, injury, or damage to any person or property which arises in connection with Licensee's use of the Outfield Fences or the Park Property in connection with Licensee's exercise of its rights under this Agree- ment. (b) Licensee shall maintain in force during the term of this Agreement, a policy or policies of general liability insurance with a combined single limit of not less than $1,500,000.00 insuring Licensee against bodily injury and property damage occurring on the Park Property in connection with Licensee's exercise of its rights under this Agreement, and naming the City as an additional insured thereon. Licensee shall promptly provide the City with a certificate of insurance evidencing such coverage, before the initial installation of Licensee's signs and thereafter throughout the term of this Agreement. 7. Default The following events are deemed to be events of default by Licensee under this Agreement: (a) Licensee does or permits to be done anything which creates a lien of record upon tine Park Property; and does not cause said lien to be released within 10 days after written notice from the City; or (b) Licensee fails to comply with any other provision of this Agreement and has not cured any failure within 10 days, or such longer period of time as may be reasonably re- quired to cure such default, after the City, by written notice, has informed Licensee of such noncompliance. Upon the occurrence of any of the above events of default, the City may without providing a notice of termination, or without affording Licensee an opportunity to cure (except as to matters which the right to cure is specifically given in this Agreement), may notify Licensee of such default and may, with such notice, retake possession of the Outfield Fences. 8. Notice Any notice to be given to a party pursuant to this Agreement shall be given as follows: If to the City: City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 -8926 Attention: City Administrator If to Licensee: South Tonka Little League, Inc. • 3>39450 SJS SH230 -42 3 6240 Cypress Drive is Excelsior, MN 55331 Attention: Any notice which is required under this Agreement will be deemed "given" upon hand deli- very or three days after prepaid posting in the U.S. Mail whichever occurs first. 9. Assignment Licensee shall not assign its interest under this Agreement or sublicense the Outfield Fences, or any part thereof, without prior consent of the City. 10. No Property Interest This instrument is not a lease, creates no landlord- tenant rela- tionship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 11. Liens Licensee agrees not to suffer or allow any liens to be placed against the Park Property as a result of Licensee's activities during the term of this Agreement, including, without li- mitation, any liens for labor or materials provided for any repair, maintenance, modification, altera- tion or construction of the signs. 12. Surrender of Property At the expiration or termination of this Agreement, Licensee shall remove all signs and devices attaching the signs from the Outfield Fences. All items not re- moved will be forfeited to and be deemed the exclusive property of the City. • 13. Governing Law The laws of the State of Minnesota will govern the validity and in- terpretation of this Agreement. 14. Binding Effect This Agreement constitutes the full and final agreement of the parties hereto and may not be amended or changed except by a written instrument executed by both parties hereto. The terms of this Agreement shall bind and benefit the parties hereto and their respective permitted successors and assigns. [The remainder of this page is intentionally left bank] 35394ivl SJS SH230 -42 4 IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date first above written. 0 CITY OF SHOREWOOD By: Christine Lizee Its: Mayor By: Brian Heck Its: City Administrator LICENSEE By: • Its: C J 353945vt SJS SH23042 5 • EXHIBIT A Location of Outfield Fences [to be added] • • 35394ivl SJS SH230 -42 CITY OF C7 SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952- 474 -3236 Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityhall n ci.shorewood.mn.us To: Park Commission From: Kristi Anderson, Park Coordinator Date: 8/6/09 Re: Park Entrance Monument Signs As you may recall from discussions at previous Park Commission Meetings, in coordination with the Planning Department, staff has been collecting estimates for entrance monument signs for the parks. The Commission was presented with several styles and were encouraged to visit 1 -2 locations, photos of which were shared at the last meeting. The proposed signs are constructed of a polystyrene material and faux stone combination with sealed printed letters and logos. The proposals include installation of the signs. Attachment 1 is the estimate tabulation for the 2009 Shorewood Park Sign projects. The proposal includes entrance monument signs for each of the parks, including Freeman, Silverwood, South Shore Community Skate Park, Cathcart , and Manor Parks, as well as, an additional smaller version in Freeman Park entering off the trail and another small version entering Badger Park with directionals to Badger and the Southshore Community Center. The low quoter is represented by Duane Dumont, in the amount of $28,571.66. Based on the other quotes received, it appears that the cost for this application is very reasonable. STAFF RECOMMENDATION Staff recommends approving the contract for the 2009 Shorewood Park Entrance Monument Signs as presented by Duane Dumont and recommending the contract be awarded in the amount of $28,571.66 to his firm. • City of Shorewood Estimate Tabulation Park Entrance Monument Signs Estimates City of Shorewood Park Coordinator: Kristi Anderson No Quoter I I I Quote 1 Duane DuMont - 1 Lg /4 sm / 2 directionals of polystyrene $ 28,571.66 2 Nordquist Sign stone & alum - 7 Ig /1 s $ 113,000.00 3 Signsource 6 Ig /1 sm $ 72,211.50 4 5 Signs are all Lg stone monuments 6'X4', Sm stone mo numents 4'X5', & 3'X4' directional 6 Difference is DuMont monument is pol styrene & faux stone 7 8 9 10 11 12 13 14 15 • U • CITY OF • SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 474 -3236 Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityhall(rci.shore\\ood.mn.us To: Park Commission From: Twila Grout — Park Secretary Kristi Anderson - CRR Date: August 4, 2009 Re: 2009 Fall Survey At the last Park Commission meeting the Park Commission reviewed the spring survey results and asked that staff come back in August with a draft of the fall survey for review. It was asked that staff keep the survey interesting and asked that one question be about trails within the park system. Kristi and I met and went over questions we thought would be interesting for the fall survey. The first two • and the last two questions have always been on all the surveys and we have left them on again. Attached for your review is the fall survey. The survey will go out on Survey Monkey in September. C: #g SHOREWOOD FALL 2009 PARK SURVEY What parks do you visit most? ❑ Badger Park ❑ Cathcart Park ❑ Freeman Park ❑ South Shore Community ❑ Manor Park ❑ Silverwood Park Please tell us about your most recent visit to our park.- What age ranges in your household visit the parks? ❑Under 5 05 -12 ❑ 13 -17 ❑ 18 -24 025 -44 1145 -64 065+ Do you feel safe in the parks? ❑ Often ❑ Sometimes ❑ Never ❑ No Opinion Park(Skateboard Pk) Which of the following benefits of parks and recreation and open space are important to you? Using a scale 1 -5 with 5 meaning "extremely high importance" and 1 meaning "extremely low importance" please rate the importance: ❑Provide opportunities to enjoy nature /outdoors ❑Promote youth development through athletics and activities • ❑Improve health and wellness ❑Provide seniors and disabled people with active and specialized activities ❑Connect people together, building stronger families and neighborhoods ❑Enhance community image and sense of place ❑ Provide Indoor recreation in the Community Center for social programs, events and athletics ❑Festivals /concerts Other Do you and /or members of your household use the trails within Shorewood primarily for recreational activities or to travel within the city? ❑ Recreational ❑ Travel ❑ Do No use them ❑ Other Would you be interested in attending a movie night at the park or community center if the city offered this event? ❑ Yes for in the park ❑No for in the park ❑Yes for at the community center ❑No for at the community center Have you ever visited the city website and viewed the parks section at www.ei.shorewood.mn.us ❑ Yes ❑No Comments . Did you or anyone in your household attend any of the following activities this summer at the Parks? OFridays in Freeman ❑Kayaking ❑Safety Camp ❑Tennis at Badger • 03` d Lair Skateboarding Camp ❑Music in the Park ❑Garage Band Jam ❑Demonstration Garden OMCE Summer Rec Program Would you be interested in a Community Garden plot? Yes ❑ No ❑ Would you like to be added to Shorewood's e-mail list to learn about upcoming events? Yes ❑ No 0 E -mail Address: • • CITY OF • SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952- 474 -3236 Fax: 952 -474 -0128 • www.ci.shorewood.mn.us • cityhall(c ci.shorewood.mn.us To: Park Commission From: Kristi Anderson, Park Coordinator Date: 8/6/09 Re: Loop Bike Rack Install for 2009 As discussed at the Park Commission Meeting in July, one of the 2009 priorities includes the installation of bike racks in the parks, 7 total. Staff contacted several manufacturers to obtain estimates for surface mounted 5 loop bike racks, as indicated in attachment 1. The racks come in a variety of colors, though staff would suggest choosing black powder coated racks that would fit any park decor and hide any attempted graffiti vandalism. The estimates include shipping, but not installation, and assumes that Shorewood Public Works staff could install the surface mounted racks in the parks this fall. Recommendations Staff recommends the Park Commission make a motion recommending to the City Council the purchase of a quantity of seven `5 loop bike racks', as estimated, from Gametime Mn/Wi Playgrounds for Shorewood parks in the amount of $1,756.02. n 1..J 4�-CA City of Shorewood Estimate Tabulation Park Loop Bike Racks Estimates City of Shorewood Park Coordinator: Kristi Anderson No Quoter Quote 1 AAA State of Play - 5 Loop includes S/H $ 3,258.87 2 Playworld Systems - 5 Loop incl S/H $ 2,773.00 3 Gametime - 5 Loop incl S/H $ 1,756.02 4 5 6 7 8 9 10 11 12 13 14 15 • •