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043009 PK AgPti CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL THURSDAY, APRIL 30, 2009 6:45 OR IMMEDIATELY FOLLOWING THE PARK TOURS 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 Meeting Minutes of April 14, 2009 - (Att- 42A) 3. MATTERS FROM THE FLOOR 4. REPORTS A. Report on City Council Meetings of April 27, 2009 • B. Update on Community Garden Proposal — (CRR, Kristi Anderson) C. Report on Park Foundation Meeting of April 9, 2009 —(Park Commissioner Sue Davis) D. Garage Jam Band Update and Schedule Committee Meeting - (CRR, Kristi Anderson) 5. DISCUSS PARK TOURS 6. REVIEW REVISED DONATION PROCESS / ACCEPT DONOR REQUEST FORM, ACCEPTANCE & INDEMNIFICATION AGREEMENT AND MEMO AGREEMENT - (Att. - #6) 7. ACCEPT 2009 CONCESSION OPERATION AGREEMENT — (Att.47) 8. REQUEST FUNDING FOR 2010 ARCTIC FEVER — (Park Commissioner, Sue Davis) 9. NEW BUSINESS 10. ADJOURN Council Liaison for May 26City Council Meeting — Pk Commissioner Norman M F 0 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, APRIL 14, 2009 6:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Norman convened the meeting at 6:00 p.m. A. Roll Call Present: Chair Norman; Commissioners Davis, DeMers, Tr if',' Robb and Edmondson; City Council liaison Woodruff, Public W6rk Direc Brown; and Park Coordinator Anderson B. Review Agenda Davis moved, Quinlan seconded, approving the Agend&a#"!"' s u b 2. APPROVAL OF MINUTES A. Park Commission Me At-,Minutes of Mar Davis moved, DeMers seconded, approving passed 7/0. 3. MATTERS FROMV1 tA9tOOR There were none. 4. /0. 09, as presented. Motion CiiMpcilMiiii s of March 23 and April 13, 2009 Woos - -f , -,r.eported that on"N'WtIi 23rd the C� ty Council directed staff to investigate acquiring the S o u fll �h Center under the'Migrewood hpEion and to engage in negotiations with the LMCC to explore a possible sa The Council also an interim operating agreement. Woodruff adde ­'' ; e C01.11161VTdelaved discussions regarding the Zoning text amendment for fence advertising until a I Woodruff stated that u cil held a Special Meeting on April 6 th to discuss the future of the Southshore Center. He acknowledged that there was a huge public turnout for this meeting and that a revised memorandum of understanding was approved changing tile deadline to June 30"'. At the 13"' meeting, Woodruff stated that the Council approved the tennis court fee schedule, received an update on the SOLIthshore Center noting that three management proposals are Linder consideration, and that Director N ielsen is working on the City Hall landscape design. • Davis interjected that she would be happy to lend her knowledge to the landscape design process for the City Hall campus. I #2A ] PARK COMMISSION MINUTES TUESDAY, APRIL 14, 2009 PAGE 2 OF 9 Woodruff stated that it would be useful to have TKDA meet with the City as well. Woodruff further reported that the City leased the home behind City Hall on a two year lease with an option to buy. As a member of the LMCD, Woodruff reported that zebra mussel shells have been found in Prior Lake; therefore, the LMCD has committed an additional $210,000 to help the DNR with their exotic species investigation. Chair Norman questioned the status of the shed on Shorewood Park property should the sale of the Southshore Center go thru. Woodruff stated that the title of the shed belongs to the City and what happelw,to it is up to the City. B. Update on Garden Proposal i Anderson reported that she would be meeting with the g4den group, Wednesday at 4 rta to discuss their options this year. She pointed out that, as directed by-sfa tind the Pa*,Commission, shb,h unformed the group that the only two options available to pursue at t`h titme ark >146 - ,skate Park or sa athern tip of <• Freeman Park for a demonstration garden only. Trent acknowledged that, though difficult, h eft it critical they stay this course. The original intent has evolved so far from its inception, that he fouil&tjt d'tfRo without mor ��"�est gation to offer alternatives this year. -. ._s Edmondson stated that he lookqA.f9rward to finding the garden p pp'l6 a good site long term, as the `going green' initiative is ag b Chris Lizee, 5705 Br t► vt r , Drive, , ted that she wasIIprqud of our City stepping forward this year with an option for the community azden h ti apeaking to neiliY'ors, the consensus is that it is a good thing, and many supported Al aor as a pi`etx�1 ocattgh, s tt Js Safe, has adequate parking, and access to water. She encouraged �� n�►�ssiori q contI ue workYiig with the group thru its park redesign process in order to the proper sP�e, She Hated that this is a highly motivated, well organized, and active group of vo1lo' rs who would like to see them t o forts rewarded this year. Update on "ine S6rvey/Newsletter Insert/Public Input Anderson presenr�i e findings from the first three weeks of the online survey, noting that the initial survey was included WA-he April newsletter as well. Based on 17 respondents, she reviewed their comments and explained thftheir feedback will be beneficial as the Commission evaluates its redesign process. Anderson statedthat feedback from the surveys will become part of the regular meeting reports. The Commissioners commented that it appeared people missed teeter - totters in the parks. In addition, they noted that, online the ranking question, #5, allows only 5 buttons for ranking as opposed to the 1 -6 rank requested. Chair Norman pointed out that this will continue to be a living breathing document that can be revised quarterly if need be. Trent questioned whether the survey should remain online indefinitely or be removed and posted on an as needed basis. PARK COMMISSION MINUTES TUESDAY, APRIL 14, 2009 PAGE 3OF9 Robb questioned whether the results could be published. Quinlan complimented staff on the survey and noted that the changes that are integrated into our design process should be acknowledged within the newsletter. For instance, `improvements to these parks are in part due to our community wide survey results'. D. Update on Summer Activities Anderson provided an update on some of the summer activities. She stated tha'B Grizzley's will be the sponsor for the Safety Camp, providing lunch for 40 youth attending the catnip fie& of charge, in exchange they will be the sole warm food provider for the Garage Bandl m setting up a table to sell their food products on July 24` In addition, Anderson pointed out that she had obtained a $2 program to purchase bike helmets, t- shirts, etc. She asked if regard to participation by the Park Foundation. A s Davis stated that the Park Foundation had committed to a �50� dona to collect the fees collected from the participants. z Anderson indicated that she had attempted to rttahpast Commission to no avail with regard to his loaning the City tetgl�d equipment • Davis urged her to continue to try to reach Hensley, as did he have equipment we co ld;use, but he was s%i e, 5. REPORT ON�ETING 'TH SOUTH MAINTENAW - F FREEMAN RASERA Anderson we Heitkamp, an ids from AAA foithe safety Camp could provide h>x kipdate with , io Garage Ban and agreed ey on numerous occasions kirage Band Jam. his last meeting that not only to participate. LITTLE LEAGUE REGARDING ;LDS r ue (STLL) , as well as representatives Jenzer and the joint first annual maintenance /project meeting. Grant �� ,Field Projectf � ty Manage .,£or`�STLL, gave a presentation from STLL's perspective rega(din i tpeeting held betW .den representatives of STLL and the City of Shorewood and proposed improvemen s hey wished to se,,, made in the parks. Leum distributed a project list for the Commission to review statin tit was them zrttent, with the cities help, to get the best facilities possible for their group. As Leum presented the protect list, he pointed out that the fencing repairs had already taken place over the previous weekend during their kick -off clean -up campaign. As discussed during the staff meeting, this was a real safety concern and in need of immediate attention. While Brown had acknowledged that this should be something the City pays for, Leum stated that while a reimbursement would be great, he would prefer to review some of the other details in need of attention, for instance, `pad' options that would prolong the life of the fences. He indicated the league had money to cover this repair if need be, and would focus on other areas to work with the City. Brown stated that his public works park lead spends a lot of time retying fences; therefore, from a cost • standpoint, the fence repair and addition of `pads' is a worthwhile expenditure. He stated that the fence issue is an item that the city should take ownership of due to safety concerns; therefore, he had allowed PARK COMMISSION MINUTES TUESDAY, APRIL 14, 2009 PAGE 4 OF 9 the little league to address it over the previous weekend before they began full use of the facility despite the timing being before the Commission meeting. Leum stated that the league would also like to add three more batting cages to the park and asphalt surfaces within those. In addition, he pointed out that the concession stand roof was in need of re- shingling. Brown stated that the construction of the concession stand was before his time and that lie wasn't sure when it had been shingled last as the City had not been involved in its maintenance, nor does it even have a key. Edmondson suggested they contact the insurance company to see if they: could get some replacement costs covered from previous hail damage. Brown stated that city could file a claim. DeMers pointed out that the shingles on the Freeman sm;6r picnic shelter should be��re�laced,as well. A ,.y Leum stated that they would be happy to look at improvemel�-,,o11 4 aseby case basis Quinlan asked what budget the improvements come from. Brown stated that, procedurally, the STLL or v,6, or would need contractor. Chair Norman stated that the Commission should roi, otfrse the"8� addition, the Commission sbdtld ex, d the re- shingling of the ron measure. m :. and treated as the : for their fencing improvements, in and consider the mats as an added Woodruff commended stafm opening t11.e lines of comtr unication up between the organization and the city. He urged to typo to confittutd`me;r2 tltnes argually, at the outset and end of the season to look at what shoW r and make sore maintenance items are accounted for on upcommudgets. Woodruff uggesie that, of course, the STLL group contact the City before making any impvements. Davis stateaft would likoto see a" ng -term maintenance plan to budget for in coming years, and felt an end of ftb meeting coed be meaningful. Leum asked to join fhe Pa 1 emission on its next Park Tour to walk the site with them. He asked whether they could prd� ed,V`vith adding the matting and asphalting the batting cages. Brown thanked the representatives for their efforts. He indicated that the City would need to investigate with the watershed what conditions they might have on asphalting the batting cages before proceeding with that measure. Brown stated that City Engineer Landini would be providing that information for the Commission at a f meeting. Davis stated that she believed the installation of the mats was the responsibility of the little league, whereas, the fencing repairs were that of the City. • Brown concurred stating that aesthetics should be the responsibility of the little league and infrastructure • maintenance should be retained by the city. PARK COMMISSION MINUTES TUESDAY, APRIL 14, 2009 PAGE5OF9 • Woodruff pointed out that the matting should not contain any commercial advertising at this time. He also stated that the re- roofing of the concession stand should fall within the operations budget for the city. Quinlan suggested the City and STLL plan to meet again in the first half of July after their season and before budget negotiations. Trent asked if this collaboration effort will help mitigate the need for their added advertising on the fences request. Heitkamp stated that it would take some of the pressure off but more i txprttyements are necessary. Leum stated that the shed near field 3 was ready to be removed, but asked if ij%ic works staff could help remove it from its current location near the utility boxes etc: He "further recov ',,ended the City do something to house the boxes from a safety standpoint. Brown stated that public works would remove the shed frpz its cur location and exattltoptions as 1 to how to shield the utility boxes and other items. Quinlan moved, Trent seconded, approving the reimbursemAt funds for the fencing repairs in the amount of $2,650., contingent upon the cf, Administrator atld City Attorney's approvals. Motion passed 7/0. • Edmondson moved, DeMers seconded, allowm the installiaic of the protective matting be added to the fences at Freeman Pax Motion passed 7/0 'T ON PROCESS / ACCEPT IMPROVEMENT 6. REVIEW REy�D DON AGREEMEI 7� 0A D MEMO -' AGREEMENT. In the interest of t11ne, to be carat c cover to:ahe May meeting. z � e 7. ACCEPTING (?IiJQTE AND r WARDING CONTRACT FOR EDDY STATION +"CILITY REHABT FRE1!'>CAN PARK Anderson presebted the quotes i the Eddy Station Facility and Freeman picnic shelter painting projects. 4 Edmondson stated t Ak lie had spoken to customers of Eclipse Painting and that they were very pleased with their work. r DeMers questioned whether the roof of the picnic shelter should be repaired first. Chair Norman asked staff to evaluate the shape of the roof at the picnic shelter and, if necessary, repair it before painting begins. Brown stated that staff would perform the clean -up in the dugouts or ask the painting contractor to remove the paint if staff cannot. Edmondson moved, Davis seconded, recommending the contract for the 2009 Eddy Station and Freeman Park Picnic Shelter painting project be awarded to Eclipse Painting in the amount of $3,800. Motion passed 7/0. PARK COMMISSION MINUTES TUESDAY, APRIL 14, 2009 PAGE 6 OF 9 8. REVIEW QUOTE FROM DERMCO- LaVINE FOR RESURFACING SILVERWOOD AND CATHCART COURTS Anderson presented the numbers provided by DermCo Lavine for the added surfaces at Silverwood and Cathcart for approval. Chair Norman pointed out that the numbers did not exceed the previously approved amount of $13,000 and therefore required no action. 9. CONSULTANTS TKDA PRESENTATION Sherri Buss and Rich Gray, representatives of TKDA, explained that, kick -off meeting in April, they would be presenting their draft draw ' if comment and then returning in May with final proposals. Gray stated that it was their directive to provide the Park Co. missi parks that provide focal points, gathering spaces, and unity7uniforn present the drawings for each park and collect feedback, - '," ng Freeman Park: Gray explained that the design incorporates tree,&which create `dig design reflects a hockey rink and free skate whip �ai.vdesigned to Station facility built to be transformed into a w#pling house In addition, the softball field wq$frernc�r? d Variws theme plantings W, e orpor Trent admired the cut a and entrybatch from the trail. Buss suggested a similar eiii6j ?g duplicated at the oth Isla ollow -up to the park tour and ;s for fibre parks this evening for with elements designs for their to the parks. Gray - proceeded to of use. He pointed out that the rage of the premier Eddy ike room for tennis courts a sliding hill Anderson sugg;stecter �lgnage reeet a similar character as to the one just placed outside City Hall, using a �ral stone m moment ancf st el' beam sign form. Defers that he was uriallle an additional tennis court or hockey rink was necessary, though baske ail courts would be,a nice'addition. Brown intedecte' at the public works folks Could not handle the volume of maintenance generated by an additional rink NO( me*n the reception the removal of the softball field might generate Chair Norman pointed ouf�that if the City does not get the partnership it proposes with Chanhassen with regard to Cathcart Park, r the Commission may wish to focus its efforts on improving Freeman instead. Badger Park — Concept "A" Gray pointed out that the design is somewhat the same but contained a few more defined spaces. A larger warming house shelter flip flopped with the playground equipment. Badger Park — Concept "B" • • • PARK COMMISSION MINUTES TUESDAY, APRIL l4, 2009 PAGE 7 OF 9 Gray explained that the removal of the hockey rink was warranted if they chose to transplant a rink in • Freeman instead. He showed that the tennis courts would be moved and a `Village Green' space would be created near the new City Hall building to create more of a campus feel. With an added shelter warming house available for classes etc. Anderson pointed out that a warming house shelter design would not be warranted if they removed the hockey rink and free skate area and suggested a smaller picnic shelter with restrooms would be adequate, especially in light of the fact that the Southshore Center may also provide adequate classroom space. She questioned moving tennis courts and removing the rink. DeMers stated that lie would not support removing the rink from Badger, as if is highly used and provides a central skating area in Shorewood. Manor Park`` S %�3 Gray stated that they had attempted to create a central space for gathering in the pare n the central lawn. He suggested turning the single court into a double courtb raising the overall elevation � them both. He proposed a new building with restrooms, a mini aanpTtthieater off tl central lawn, an =azebo feature overlooking the pond. ° u `., Brown stated that he wasn't sure whether tlieX could place gazeG& functional wetland classification. But he agr'46&an, overlook and a Woodruff questioned where a community gardett • Gray pointed out that either two possibilities for comi revised the overall varkiaii Davis questioned a flower gardens tQ.t best cat for new update Chair Normal ked the idea c Freeman. He r' Whiled the Cc phased in designs gvOr, a long Shorewood, Norman liked thf rear north wi terfr'properi ns. He pointed ',"`it that did over the water, depending on the twin might be interesting features. at M or up front along Manor Road as move the little league field but the road wh,le some neighbors have planted trees and small d they! trnp asis on the gathering spaces and parking. parks with a playground contractor, Manor Park was the Ving Manor a plaza central gathering place of its own, similar to ission to look at all of the proposed changes to all of the parks as od of time. In an effort to provide more programming to east )rovements to the facility and park amenities. Quinlan commented thq' liked the parking design and thought the neighbor's might also like the efforts made to screen the parking lot. Cathcart Park — Concept "A" Expanding the parking lot a bit west and sliding the hockey, tennis and court games to the west loosens up some the area to the east. In addition, Gray proposed a warming house and a separate picnic shelter, as well as, a potential community garden and picnic site to the rear of the park. Trent questioned the court games. PARK COMMISSION MINUTES TUESDAY, APRIL 14, 2009 PACE 8 OF 9 Anderson pointed out that, to her knowledge, she has never seen anyone on the old swings and using the court games at Cathcart. She suggested they be removed altogether and consideration be given to • enlarging the playground area. In that case, Davis suggested enlarging the parking area and making it more aesthetically pleasing, like the one proposed at Manor. Cathcart Park — Concept "B" Gray shared the views of a much larger parking area and combined shelter warining house building. DeMers stated that he disliked the location of the proposed picnic shelt6d , arming house in this plan and the Freeman plan, as they are located so far away from the skating aegis. Silverwood Park Gray presented the design including trails looping around he park with some handicap o accessible ramps, a wetland overlook, and shelter. Anderson complimented Gray on the trail thru the woods and btinies placed at the top of the sliding hill o overlooking the lake across the road. She stated that on her last vii }'tto the park, she followed a rustic trail snaking thru the woods ending at the toptle hill where she 6 tsid the beautiful views. Brown suggested the picnic shelter be slipped farther icy th east out of the, ay of the sliding hill. h� Chair Norman liked the nice touch of the scenic ovrrlook' Picnic Shelter Design,Concept Gray described the sheltersstic, owanaintenance, ti h e solid construction with a rough or rock surface type concr block th`feei uai ter d ttte w; y °pp, with a smooth surface concrete the rest of the way. The distvn�fty� 5 4ie wou"ll die made witli v od on the ceiling of the canopy to give an open feel :.�z to the bu, &� fng. He poitftt get the si n flexibility based on the size of each structure. WoodrLif��gested considerlitton be gwt'to using molds on the concrete which is then painted or stained to reble real stone. f ewasn "f "sure of the cost but thought it worth investigating. Trent stated that h laced the consistency the shelters could provide across the board in all of the parks. Chair Norman suggested o lit be given to making the picnic spaces more user friendly, providing power outlets and serving areas. Buss asked if there were signature colors the Commission preferred. Chair Norman stated that more of the earth tones were preferred with a bit of the forest green. The Commission preferred the picnic designs posed in Concept `A' as opposed to Concept `B'. Conclusion • • • PARK COMMISSION MINUTES TUESDAY, APRIL 14, 2009 PAGE 9 OF 9 Gray and Buss stated that they would refine their design ideas based on the discussion this evening and return in May with some cost estimates. DeMers reiterated his preference to retain the rink at Badger. Trent stated he also liked a rink at Freeman, which would utilize the world class warming house structure found at Eddy Station. Anderson questioned the removal of a softball field at Freeman, pointing out that the field could remain even with the addition of a rink. 10. DETERMINE LIAISON FOR CITY COUNCIL MEETING ON MAY 26, 2009 Chair Norman volunteered to liaison the May 26` meeting. 11. NEW BUSINESS April 30` Thursday, 4:45pm meet at City Hall, Depart�t 00 p.m fb'�r�� ark tour followedbyy'a few housekeeping items on the agenda. May 12` TKDA's final presentations to the,.Commission with Council as guests. 12. ADJOURN k' Chair Norman moved, Davis seconded, adjourning the T'ar1k��1Co�►�r�A n Meeting of April 14, 2009, at 9:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED; 4 d i Kristi B. Anderson • MEMORANDUM TO: Park Commission Brian Heck, City Administrator FROM: Kristi Anderson, CRR Ok DATE: April 8, 2009 RE: Process for Accepting Donations The Park Commission created a Donor Policy in 1999 which accepted Donations from users and groups. It has become apparent that a process was never established to evaluate Donation requests, as well as, the obligations the City and Donor has to one another. Staff will review the new and revised documents with the Commission. To that end, the Donation Request Form was created as an application to initiate the • Process for evaluating donations. Once a Request Form has been submitted, it is presented to the Commission for review. If the improvement/donation is approved, the Park Commission executes the Acceptance and Indemnification Agreement with the Donor user /group and moves this on to the City Council for their final approval. Going forward, all improvements, as well as, their base level of General Maintenance will be acknowledged within the Revised Memorandum Agreement which is executed with each sports organization at the outset of each season. Staff Recommendation: Upon review, staff recommends that the Park Commission support the proposed process and documents including the Donation Request Form, Acceptance and Indemnification Agreement, and Revised Memorandum Agreement for accepting donations and providing general maintenance guidelines to City Council for their approval. #6 CITY OF SHOREWOOD DONATION ACCEPTANCE, INDEMNIFICATION, & GENERAL MAINTENANCE REQUEST FORM Process for Creating a Successful Partnership between the City of Shorewood and its User /Donors 1) Communicate: User /Groups will meet with Representatives of Shorewood Park /Rec to discuss proposed improvements to Parks.Upon review, and with City Council Approval, the Park Commission will execute the Acceptance & Indemnification Agreement. 2) Recognize Supply & Demand: A Donation will be Considered if it Serves a Population or demand that is not currently being met. Once Approved an Improvement/Donation will become the sole Property of the city of Shorewood and under their care. 3) Field Improvements will be Considered and Evaluated based on ongoing Maintenance Requirements that accompany the Request: A Base Level of Service will be Provided - (Example; Maintaining Fields, which includes, but is not limited to, mowing the grass, dragging fields daily, lining fields, aerating and fertilizing fields annual) 4) Ask Questions: Understand the Limitations and responsibilities placed upon an Organization or Donor providing the Improvement See Statement of Facts within the Acceptance and Indemnification Agreement) 5) Once the Acceptance and Indemnification Agreement has been approved and executed by each party, it shall be in force from Date of execution and automatically renew annual) Company or Group Name Contact or Individual Name Address City State Zip Code Work Phone Home Phone E -MAIL ADDRESS I/We would like to make the following donation /im prove ment/contribution: Quantity Description Unit Price Total Price • r: The uses and expenditures of these funds shall be consistent with the City of Shorewood policies and ordinances. •Donor or Donor Representative Date City of Shorewood Director of Public Works Date City of Shorewood City Administrator Date 5755 Country Club Road • Shorewood, Minnesota 55331 • 952 - 474 -3236 Fax: 952 - 474 -0128 • www.ci.shorewood.mn.us • cityhali @ci.shorewood.mn.us is CITY OF SHOREWOOD ANNUAL ATHLETIC FACILITIES . MEMORANDUM AGREEMENT THIS MEMORANDUM AGREEMENT, entered into this day of , 20 , by and between the , hereinafter called the "Athletic Association ", and the City of Shorewood, a Minnesota Municipal Corporation, hereinafter referred to as the "City "; 1) The City agrees to provide to the Athletic Association the use of the facilities located at (the facilities) for those date and times specifically set forth in the schedule approved by the City. The Athletic Association shall submit a `sports data request' schedule form to the Park and Recreation Coordinator which serves as agent for the City for field scheduling. The schedule should show a 15 minute break between games or warm -up sessions. Such submission shall be made within five days of execution of this agreement, or prior to the Sports Information Meeting. Said `requested' schedule shall be reviewed by the Park and Recreation Coordinator who may change the dates and times and amend the `requested' schedule as it deems in the best interest of the City. After approval by the Park and Recreation Coordinator and the City, the schedule shall become `final', and no changes shall be made without written notice to the Park and Recreation Coordinator and the City. The Athletic Association shall contact • the Park and Recreation Coordinator if it moves, postpones, and cancels and event if it reasonably appears that damage to the facility will result from its use. The City shall have the right to require that an event be moved, postponed, or cancelled if it spears that damage to the facility might result from its use due to inclement weather or other unsuitable conditions. 2) The Athletic Association shall use the fields in the manner in which the fields were designed and for their intended purpose only. If the Athletic Association wishes to use additional fields other than previously scheduled times for practices, tournaments, or any other event, it will contact the Park Coordinator for approval before using the fields. 3) The Athletic Association shall be solely responsible for any required markings, or lining of field facilities. It shall also be responsible for the proper parking of spectators cars in designated areas and for proper crowd control; no cars or vehicles shall be permitted to park on grassy areas, in `no parking zones', or to obstruct /interfere in any way access to any City building /property in case emergency vehicles are called out. As outlined in the Facility Use Agreement. 4) After each use of the facilities, the Athletic Association agrees to clean up all trash and rubbish and leave the premises in a clean and orderly condition. • 5) The Athletic Association shall file a copy of a liability insurance policy naming the City as insured in the amount of $500,000 with the Administrator, together with a signed copy of this agreement and a copy of the approved schedule before using the facilities for any purpose. 6) This agreement shall be in existence for the balance of one year subject to its being revoked on 10 days notice. In case of vandalism, of lack of control of the spectators, or violation of any terms of this contract by the Association, the City shall be entitled to revoke use of the field by the Athletic Association with a written notice. The Association has the right to appeal to the City Council if it so desires during the 10 day notice period from date of this notice. 7) Tournaments without special consideration may be approved by the Park Coordinator, although any change on Park property requires written authorization by the City. All policies, rules, and regulations for City parks will be in effect. The sponsors will be entirely responsible for the operation of the tournament, and will be expected to assume financial responsibility in case of damage, loss, etc. 8) If the Athletic Association wishes to hold a tournament, it shall comply with the tournament policy by submitting a tournament application detailing the • field(s) or rink(s) requested, tournament dates, tournament times, events, participants, insurance coverage, responsible party /contact (name /address /phone -work and home), availability of medical assistance, and any other pertinent information to the Park Coordinator. The Park Coordinator will verify with the City if tournament date(s) requested conflict with any other City event(s) before approval is given. The Athletic Association must provide a final schedule of events to the City one week prior to the tournament. 9) Any use of the facilities by the Athletic Association other than that authorized herein shall result in an immediate forfeiture of further rights to use the facilities. 10) The Athletic Association shall review the restrictive provisions of this agreement with each of its coaches and provide them with copies thereof. 11) Communication: Use /Groups will meet Annually with the Park Coordinator, and /or Public Works, to discuss safety concerns /improvements of previously donated improvements to the parks. 12) City commits to providing a Base Level of Service -- for example; Maintaining Fields which includes, but is not limited to, mowing the grass. • dragging the fields daily. lining fields, aeratiii- and fertilizing fields annually. CITY OF SHOREWOOD ATHLETIC ASSOCIATION • Title: Title: ACCEPTANCE AND INDEMNIFICATION AGREEMENT • This Acceptance and Indemnification Agreement (the "Agreement ") is made as of , 1999, by the CITY OF SHOREWOOD, a municipal corporation organized under the laws of the State of Minnesota (the "City "), in favor of , a nonprofit corporation organized under the laws of the State of Minnesota ( "Donor "). Statement of Facts A. Donor desires to donate to the City the following park improvements which have been constructed at /installed at /provided in connection with Park, in the City: (hereinafter, the "Donation ") B. The City at its regular council meeting on , _, adopted a resolution (the "Resolution ") accepting the Donation (a copy of such resolution is attached hereto as Exhibit A). C. As evidence of the City's acceptance of the Donation and intent to indemnify Donor, the City desires to enter into this Agreement. NOW, THEREFORE, solely in consideration of the Donation, the City and Donor • declare, covenant and agree as follows: 1.) Acceptance The Donation was formally accepted by the City pursuant to the Resolution. 2.) Donor's Representation Immediately preceding the City's adoption of the Resolution, Donor owned the items included in the Donation free and clear of all encumbrances, claims and liens. 3.) Indemnity The City shall forever indemnify, defend and hold Donor harmless from any loss, damage, expense or cost, arising out of or incurred by Donor as a result of the use, maintenance, ownership or operation of the Donation (excluding any such loss, damage, expense or cost arising out of a misrepresentation by Donor of the representation provided in Paragraph 2 above). - For Example, General Maintenance level for fields include, but is not limited to. mowing the grass, dragging the fields daily, lining fields, aerating and fertilizing fields annually. 4.) Miscellaneous This Agreement is made and delivered in, executed with respect to, and shall in all respects be construed pursuant to and governed by • the laws of the State of Minnesota. This Agreement shall bind City and its successors and assigns and shall inure to the benefit of Donor and its successors and assigns. IN WITNESS OF THE FOREGOING, the City has caused this Agreement to be executed as of the above date. CITY: CITY OF SHOREWOOD By: Its: Mayor By: 7/27/99 data /parks /resoluti on/don oragmint DONOR: By: Its: • • 0 ✓ ✓ CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952- 474 -3236 U@ Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11@ci.s11orewood.mn.us ci.shorewood.mn.us • � 0 To: Park Commission From: Twila Grout — Park Secretary Date: April 22, 2009 Re: Accept 2009 Concession Operation Agreement Russ Withum has provided concession services since 2005 and has agreed to provide concession services for Eddy Station again for the 2009 season. Mr. Withum has done a tremendous job with the concession services year after year. Last year concession sales were down. As you are aware, Minnetonka Girls Softball had new staff and inadvertently underutilized their facility use. We have been assured that the situation has been corrected this year and are hopeful that the concession sales will be more fruitful for the concessionaire. Mr. Withum has agreed to pay the city $394 for the 2009 season. Payment will be due September 30, 2009. Staff is recommending formalizing the agreement for the 2009 season. i Independent Contractor 2009 Concession Operation Agreement By and Between City of Shorewood and Contractor THIS AGREEMENT, made this day of , 2009, by and between the City of Shorewood, Minnesota, a Minnesota municipal corporation with its offices located at 5755 Country Club Road, Shorewood, Minnesota 55331 (the "City ") and Russ Withum (the "Contractor ") . RECITALS WHEREAS, the City is engaged in the business of providing municipal services including park and recreation opportunities within the corporate limits of the City. The City has constructed a concession/restroom /picnic facility in Freeman Park within the City known as Eddy Station; and WHEREAS, the City desires to provide concession services to the patrons of Freeman Park through the facility of Eddy Station; and 0 WHEREAS, the City further desires to enter in to an agreement with the Contractor for the operation and provision of concession services. NOW, THEREFORE, the parties agree as follows: 1.) Schedule of Operation Contractor agrees to provide concession services Monday through Sunday, from 5:30 to 8:30 p.m., commencing on or about May 1 or whenever the first organized sports events begin. Concession operations will continue through August 1, or whenever Freeman Park ceases its summer use by MGSA, Adult Softball and Tonka United Soccer. Contractor agrees to coordinate operations with the Park Scheduling Coordinator. 2.) Contractor Responsibilities a.) Contractor agrees to be present each day for opening, training of sales volunteers, and all duties involved with closing the operation at the end of the day. Contractor agrees that if for any reason he is not able to be present for any period of time, while the concession operation is open, he will be available by pager or cell phone for immediate assistance at the site. b.) Contractor agrees to be responsible for the cleaning and maintenance of the concession area. C 3.) _Contractor Payment. The Contractor agrees to pay the City $394 for the year 2009. Payment due to the City by September 30, 2009. • 4.) Purchasing. The Contractor agrees to purchase the necessary products and supplies associated with concession sales at Eddy Station. 5.) Equipment. The City agrees to provide the hot dog machine, popcorn machine, cash register, pop cooler, refrigerator and coffee machine. 6.) Termination. Either party may terminate this Agreement, without cause or reason, upon thirty (30) days' written notice to the other party. Either party may terminate this Agreement without notice for cause. "Cause" includes, but is not limited to, dishonesty, failure to meet deadlines, criminal conduct, or breach of this Agreement. 7.) Status of Contractor. As intended by both parties, this Agreement calls for the performance of the services of Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. a.) The manner and means of performance of Contractor shall be entirely at Contractor's discretion. Contractor is free to employ personnel to assist Contractor in providing services to the City, but such employees shall be Contractor's responsibility and not that of the City. The City shall not provide Contractor or Contractor's employees or agents with any benefits from the City such as workers compensation insurance, unemployment insurance, health insurance, income tax withholding, or social security • contributions. The City does not control the performance of Contractor and Contractor accepts all risk of profit and loss flowing from the services provided under this Agreement. All expenses must be borne by Contractor and shall not be reimbursed by the City. Those expenses include furnishing Contractor's place of work, payroll expenses, taxes, and insurance. b.) Contractor shall conspicuously identify himself to all persons and organizations as an independent contractor and shall not represent or imply that this Agreement authorizes Contractor to act as an agent for, or on behalf of, the City. Neither the City nor Contractor shall be responsible for any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to any person or organization for personal injuries or property damage arising directly or indirectly out of the conduct of Contractor's business or caused by Contractor's actions, failure to act, conduct or negligence. 8.) Indemnification. Contractor agrees to indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from Contractor's actions, failure to act, conduct, or negligence while performing services pursuant to this Agreement unless such damage or liability arises from or in connection with faulty or defective materials or facilities provided by the City. Contractor agrees to carry Commercial liability insurance in the amount of $300,000. 9.) Entire Agreement. This Agreement contains the entire agreement between the parties • and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning Contractor and the City. This Agreement supersedes and nullifies any preexisting agreements between the parties relating to the subject matter of this Agreement. All agreements as to payments to be made to Contractor for particular projects must be in writing. 10.) Severable. In the event any portion of this Agreement shall be held to be invalid the remainder of the Agreement shall continue in full force and effect. 11.) Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if it is in writing and sent by registered or certified mail to Contractor's residence or to the principal office of the City, which ever shall be applicable. 12.) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF SHOREWOOD CONTRACTOR Its: Its: • •