090507 PK AgPCITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
WEDNESDAY, SEPTEMBER 5, 2007 7:00 P.M.
• AGENDA
1. CONVENE PARK COMMISSION MEETING
A. Roll Call
Davis
Young
Hensley
Norman
Trent
Alegi
Quinlan
B. Review Agenda
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of August 14, 2007 — (Att- #2A)
3. REPORTS
A. Report on City Council Meeting
• B. Report on Arctic Fever Meeting of August 21, 2007
4. CONCESSIONS CONTRACT FOR 2008 (Att.44)
5. ARCTIC FEVER FUNDRAISING
6. DETERMINE LIAISON FOR SEPTEMBER 10 CITY COUNCIL
MEETING
7. ADJOURN
1 •
• CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, AUGUST 14, 2007 7:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Davis called the meeting to order at 7:00 p.m.
A. Roll Call
Present: Chair Davis; Commissioners Young, Nor
Director Brown; and City Council liaison
Absent: Commissioners Hensley, Alegi, and
I II
B. Review Agenda s 11111111
Items 3. 1, Skateboarding Camp; 3.2, Arctic Fever 1
Park spruce up were added to the ageqAa.
is
11111,t t
Trent; Public Works
and Reports item E, Silverwood
as it #19ed. Motion passed 4/0.
July 10, 2007
the Meeting Joint Orientation Get Together.
the Minutes of July 10, 2007 as
9
Council Meeting
Brown reported t`fl a cil made their winter application for a trails permit to allow
skiing, walking, hor ck riding, and snow shoeing on the trails.
In addition, Brown noted that the Police and Fire District operating budgets were
approved and the City Hall planning process discussion continued.
B. Update on Progress of Badger Lighting and Tile Installation
Brown reported that, while the electrical work was complete, some additional house
is keeping items would be continued to restore some areas before the football season is in
full swing. He informed the Commission that the approved drain tile system would not be
installed until spring so the fields are not jeopardized for fall sports at this point.
Trent asked if the tile could be installed early enough in the spring so it does not interrupt
the use of the facility in the spring as well.
PARK COMMISSION AGENDA
TUESDAY, AUGUST 14, 2007
PAGE 2 OF 4
Brown stated that the fields could be done in early spring in order to facilitate their use
for spring sports.
C. Report on Music in the Park Series
Brown stated that staff had spoken to the catering manager, who apologized for not being
prepared for the overwhelming response to the Famous Dave's event in July. When asked
whether they would like to participate again next year, Brown stated that the manager
replied in surprise that they would despite being unprepared this time around.
Chair Davis pointed out that the Commission spent $1000 on jBOIWbAter ' and $900 on
advertising which were both great investments as residents 1in and around
Shorewood attended the event. ,,111 hh,
'
Brown recommended that the Commission make a Al, 6tion o � aff has had a
chance to confirm a date with Big Walter and F s Dave's for next a,7111. I,, 111111ts"
The Commission recommended they investigate 1, JOB,, as an option'ffr the
summer concert series. ] lll
D. Report on
Brown pointed out that the City made a
an additional $320. ,,,,,,,
Camp held ` -27
icli was returned, as well as
•
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E. Slug%boardififilCamv over
Davis mentioned that the dill gt essed interest in conducting a mini camp
over the d in er at� wood Skate Park. She recommended the
.{
Comm' n contin oll a success of the first camp, noting that this could
beco annual acti
,s
Norman , Young sk nded, recommending contact be made with 3` Lair to
move forwar h the A mini camp. Motion passed 4/0.
l� P P
Davis suggested stl1r. to obtain a class evaluation from those who attended the first
camp this past summ r.
3.1 SILVERWOOD PARK IMPROVEMENTS
Brown stated that, while they plan to collect bids for park improvements at Silverwood,
staff felt it would be cost effective to do so at the same time and with the same vendors as
those who consider Badger Park, in the hope it provides an economy of scale.
3.2 ARCTIC FEVER UPDATE
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Norman reported that they would be commencing with the fundraising initiative. Broken
into three sections, he presented the general approach letter, levels of sponsorship, and
PARK COMMISSION AGENDA
TUESDAY, AUGUST 14, 2007
PAGE 3 OF 4
• general business list. He encouraged Commissioners to approach anyone with whom they
have a relationship with for sponsorship.
Chair Davis concurred, stating that if the Commissioners knew some of the folks on the
general business list to approach them to get a `foot in the door'. In order to get a move
on in the fundraising initiative, she suggested that the cold calling and contacts be made
starting next week. Finally, she mentioned that the committee would be recruiting many
volunteers for the Arctic Fever event itself.
4. PRIMARY ELECTION FOR SCHOOL DISTRICT ON SEPTEMBER 11
NEED TO DETERMINE DATE FOR SEPTEMBER PARK COMMISSION
MEETING,
Chair Davis moved, Norman seconded, recommendin a next Park
Commission Meeting be held on Wednesday, Septe 5, 2 otion passed 4/0.
rill
5. DISCUSS RESIDENT REQUEST TO NTALL BACKB AT
MANOR TENNIS COURT �E 110
As a follow -up to a request for a backboard, Brown
44 d out that the Commission had
even considered whether a tennis co should remain a or at all. He noted that a
backboard is temporary, and even if th were to be e ated, the backboard could
• be moved to another court. �ls
Young stated that, if the b could be A e l odsew the Commission chooses to
move the courts at a it should b nstalled f the time being if the i nterest
exists to sup p ort re e e g e 1t. 1.
fi #
t !
i t
i
1
Chair Davis stated that
4
1 It reas ble if it appears there is interest
III
accordingplaY• W �i �1
Youp� oved, Norm ondo pitecommend approval of the installation of a
bac bo ,at Manor P
Chair Davis`l ded the to reflect the recommendation that the cost of the
board not exce00. 'ng seconded the amendment. Motion passed 4/0.
6. REVIEW OVARTERLY FINANCIAL REPORT
Brown noted that he would be asking the Finance Director for clarification of what
constitutes the $7700. in fees referenced in the report.
Norman thanked staff for providing the Commissioner with an overall financial report in
• order to get a bigger picture of the Park budget as the Commission evaluates moving
forward on various projects.
Turgeon suggested that staff research what other cities charge for their park dedication
fees. She suggested that the City consider raising these fees in order to help offset costs,
especially since the city is almost entirely built out.
PARK COMMISSION AGENDA
TUESDAY, AUGUST 14, 2007
PAGE 4 OF 4
Chair Davis concurred, observing that it would be good to re- evaluate the park dedication
fees comparatively so that the City is on the same docket as its neighbors.
Brown stated that he would speak with Planning Director Nielsen to move forward with
this.
Norman pointed out that many communities have dedicated budgets specifically for parks
and running the activities in their parks.
7. REVIEW 2007 WORK PROGRAM FOR UPCOMING MEETING WITH
CITY COUNCIL ON AUGUST 28 1113
Chair Davis recommended staff investigate selling the W arcel to benefit the
park budget. 4ri,
b
.f, t
Brown stated that the Park Commission should
recommendation to the City Council as it is up
indicated that he would make a staff report to p
Other items on the work Program wea
investigation would need to be done t
to include, be proactive or participate
Fever, day camps etc.
a discussion and a formal
m wli happens to t �al. He
and il' determined that more
what els Commission would like
4
xd to park J s, kids programs, Arctic
Turgeon complimente Met mission on' orking witfi'MCE and others to create these
wonderful events, as thos "th MCE an� the 3` Lair. She suggested they consider
adding more to the p d ca jig a broader a�p6al to the other parks.
8. DE,' LIAIWAN FOIL IA UST 27 CITY COUNCIL MEETING
27, 2007 meeting.
J
Young moved, N a l konded, adjourning the Park Commission Meeting of
August 14,200' 1 p.m. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
Recorder
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CITY OF
SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 •952- 474 -3236
Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityha11 @ci.shorewood.mn.us
To: Park Commission
From: Twila Grout — Park Secretary OL , &w
Date: August 29, 2007
Re: Concessions Contract For 2008
Russ Withum has provided concession services for Eddy Station for the past three years and has agreed to
provide concession services for the 2008 season.
Mr. Withum has agreed to pay the city $1,300 and $100 for every tournament. Payment would be due
August 22, 2008.
• Staff is recommending formalizing the agreement for the 2008 season.
•
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Independent Contractor
Concession Operation Agreement
By and Between City of Shorewood and Contractor
THIS AGREEMENT, made this day of , 2007,
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 •
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.
C:
b.) Contractor agrees to be responsible for the cleaning and maintenance of the
concession area.
3.) Contractor Pa mY ent. The Contractor agrees to pay the City $1,300 plus $100 for
every tournament. Payment due to the City August 22, 2008.
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 parry 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.
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
P
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. 0
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
an
Its:
Its:
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CITY OF
� SHOREWOOD
5755 Country Club Road • Shorewood, Minnesota 55331 •952- 474 -3236
U92
Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityha11 @ci.shorewood.mn.us
To: Park Commission
From: Twila Grout — Park Secretary
Date: August 14, 2007
•
Re: Skateboarding Camp
3` Lair has been in contact with the city to see if there would be interest in hosting a skateboarding camp in
October over MEA school break. I checked the Minnetonka School Calendar and there is no school
October 18 and 19. We could do a 1, or 2 day camp. The participation fee is $44.00 per camper, per day
and is divided by 80% ($35.20) to 3` Lair and 20% ($8.80) to the city. The camp would be from 9:00 a.m.
to Noon each day of camp. There is a $100 deposit.
The camp that was held in July, 10 kids participated. The city received their deposit back of $300 and $320
from registration fees.
After review and discussion please advise how staff should proceed with the skateboarding camp.
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