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100912 Park Mtg. Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, OCTOBER 9, 2012 7:00 P.M. AGENDA 1. CONVENE PARK COMMISSION MEETING A. Roll Call Quinlan(November)____ Edmondson(June)____ Swaggert(October)____ Kjolhaug(May)____ Hartmann(September)____ Gordon(August)____ Mangold(July)____ B. Review Agenda 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of September 11, 2012 - (Att.-#2A) 3. MATTERS FROM THE FLOOR 4. ARCTIC FEVER 2013 – SUE DAVIS 5. EDDY STATION CONCESSION AGREEMENT FOR 2013 – (Att.-#5) 6. NEW BUSINESS 7. STAFF AND LIAISON REPORTS/UPDATES (Staff reports and updates are not meant for discussion Discussion items will be listed as part of new or old business.) A. City Council B. Staff 8. ADJOURN Liaison for City Council Meeting on October 22 - Swaggert CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, SEPTEMBER 11, 2012 7:00 P.M. MINUTES 1.CONVENE PARK COMMISSION MEETING Chair Quinlan convened the meeting at 7:00 p.m. A.Roll Call Present: Chair Quinlan; Commissioners Edmondson, Kjolhaug, Swaggert, ; Hartmann, Gordon, and MangoldCity Planner Nielsen, and Finance Director DeJong Absent: None B.Review Agenda Commissioner Edmondson moved to approve the agenda as written. Commissioner Mangold seconded the motion. Motion carried. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of August 15, 2012 Commissioner Gordon moved to approve the minutes of the August 15, 2012 meeting as written. Commissioner Mangold seconded the motion. Motion carried. 3. MATTERS FROM THE FLOOR None 4. PICKLEBALL PRESENTATION BY DAVID WARNER Commissioner Quinlan noted Councilmember Woodruff has invited David Warner to discuss the game of pickleball. He requested Warner provide insights on the game and what would need to be provided. Nielsen presented a video on the game being played. Woodruff introduced Mr. Warner who is the 65+ pickleball gold medalist in Florida. He also introduced Jerry Maas who is the southwest metro pickleball ambassador. Warner stated the game can be played by elderly people who aren’t normally active. He stated most of the play can be done on existing tennis courts which are dual-lined, and portable nets are used. Quinlan asked what would be required to convert a tennis court. Warner stated additional lines are all that is needed. The pickleball nets are two inches shorter than regulation tennis net. Something would be needed to bring the nets down two inches or portable nets used. He stated paddles and balls are relatively inexpensive. He stated two pickleball courts can be placed on each tennis court. Warner noted a lock box can be installed at the court where the nets and equipment can be held until someone 2A PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 11, 2012 5 PAGE 2 OF wants to play. Maas explained how a few people have grown to a 163-member pickleball club in Eden Prairie. Maas stated it is not expensive to paint the lines on the tennis courts. In response to a question from Quinlan, Maas stated pickleball does not play well on the versa-court type surface. Gordon asked if this is something that would appeal to a younger demographic or is it better suited toward older people. Maas stated he did not think it was better suited toward a certain demographic. He stated the older residents are more available during the day to play when others are at work or in school. He noted the Bloomington high schools have pickleball as a course. Quinlan believed it was something that should be considered. Nielsen stated they have a call into the tennis court manufacturer to see if it can be dual striped for pickleball. Mass invited the Commission to come to Eden Prairie to talk to players. Mangold believed that now is the time to start preparing for pickleball. Kjolhaug stated we should take every opportunity to consider any case when multiple uses are options. 5. REVIEW PRICING FOR FENCING AT COMMUNITY GARDEN Quinlan stated we had talked about the idea of providing fencing to border the community garden and directed staff to come back with additional information on the cost of fencing. Nielsen stated there were two quotes received for 5’ and 6’ fences. He has plugged $5,000 into the CIP should this be approved. He was still unaware if sales tax is included. Nielsen stated a deer can jump a 5’ fence just as easily as they can a 6’ fence. He stated he liked the look of the 5’ fence. He stated the larger gate would be at the short end, and the person gate would be in the longer section. In response to a question about future expansion, Nielsen stated it could easily be expanded. He discussed the size of the area which would be fenced. He stated if the $5000 amount is left in the CIP, it can be discussed in the spring how big it should be. Kjolhaug stated he had talked to a gardener in Excelsior who believed the plots are too small in Shorewood. Nielsen stated he would have staff do a survey of plot sizes. Commissioner Hartmann moved to recommend allocating $5,000 for purchase of a fence for the community garden contingent on determining plot sizes for the spring. Commissioner Swaggert seconded the motion which carried unanimously. 6.2013 CIP Quinlan stated the allocation for improvements need to be reviewed this evening. He noted the $5,000 needs to be added for the fence. DeJong discussed additions for Manor Park including the construction of a well, the versa court purchase needs and improvements to Badger Park. Gordon asked if the warming house repair is in 2014. DeJong agreed that was the proposal. Nielsen stated that $60,000 is earmarked for Silverwood Park equipment, and it appeared to him on the tour it was in good shape. Commissioners discussed playground equipment replacement. Nielsen suggested the Building Inspector inspect all the equipment in the parks. Quinlan asked if the building needs to be repainted. Nielsen stated the Building Inspector could include that in his review. Nielsen stated it may be more of a maintenance item rather than a CIP item. Kjolhaug asked if the asphalt trail sealing is showing up on a maintenance budget. Nielsen stated it would PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 11, 2012 5 PAGE 3 OF be researched as well. Kjolhaug stated there is nothing earmarked for the Cathcart basketball court. Nielsen stated that could be researched. Quinlan stated there should also be a line item for resurfacing the court. DeJong stated the resurfacing for the court was $2100 and was included with the tennis court and has been completed. Hartmann suggested the Badger Park green space and swing set be moved out. Nielsen stated the intent was it would be a place holder but move it out further once you take a look at the plan. Kjolhaug suggested parking for Gideon Glen. Quinlan stated we need parking, but he was unsure of what is going on with Smithtown Crossing where parking would be located. Nielsen stated staff could take a look at whether parking was ever considered there. They could sketch some area where parking might be a possibility. He stated it is fairly unusable other than by bike or foot. He stated it has been brought up on more than one occasion. He stated a parking lot there would not be large. Edmondson was concerned about a bus going in there and being able to turn around. Nielsen stated that would be taken into account. Gordon stated signage is also needed. Nielsen stated it would seem appropriate to have some kind of signage. He stated he would work out numbers for the parking lot and signage. He stated the options for parking are quite limited. Nielsen discussed plans for Gideon Glen and Smithtown Crossing. Hartmann suggested the amounts for the hockey rink be amended. She believed it should be increased to $200,000 for both of them. Commissioners discussed the amounts suggested for Badger and Freeman hockey rinks. It was the consensus to amend the amounts to $200,000. Commissioner Swaggert recommended to approve all changes to the CIP (eliminate the tennis court lighting, eliminate Freeman Park hockey rink and raising Badger Court up to $200,000, add parking lot for Gideon Glen and signage, and backboard for Cathcart), and Commissioner Kjolhaug seconded the motion which carried unanimously. Hartmann believed the motion needed to be more specific, and the Commission discussed this item in detail. DeJong discussed his plan to take a budget amendment to the City Council. He noted the backboards can be included in the amendment. He stated it could be added for this year. Commissioner Kjolhaug moved to reconsider the previous motion, and Commissioner Edmondson seconded the motion which carried unanimously. Gordon asked how something can be added to the CIP if we don’t know how much it will cost. Quinlan stated we can make an estimate. If we know we want the item, we should include it. Nielsen reviewed what was discussed and included in the CIP: Cathcart backboards, Gideon Glen parking, bus turnaround and sign, and adjustment of numbers for Badger Park and eliminated numbers for Freeman. The cost of the Cathcart backboards and Gideon Glen parking and sign are not known. Swaggert encouraged the Commission to discuss each item by year and questioned how close we needed to be for future years. Nielsen stated we try to be close, and next year should be accurate. He stated the unknowns can be determined easily. Swaggert stated if we decide it should be 2013 then we should determine the cost. If we want it in another PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 11, 2012 5 PAGE 4 OF year, then we don’t need to hammer it out. Commissioners and staff discussed the unknown items. Nielsen stated staff will get the numbers prior to its final adoption and in time for the Park Commission to review again. Commissioners discussed whether the bridge and rustic trail in 2014 should be moved to 2013. It was agreed to move it to 2013. Commissioner Swaggert moved to approve the changes added, Hartmann seconded the motion which carried unanimously. 7.DISCUSS WINTER AND SUMMER (2013) ACTIVITIES Commissioners received a summary of summer activities for 2012. He asked the Commissioner to consider any larger activities for the summer. He suggested having Music in the Parks again with catering. They also discussed: Movie in the Park, talent show, making surrounding cities aware of what is going on, having more family events, theatre events, band performances, partnering with the St. Paul Chamber, and carnival or circus event. It was generally agreed there should be some kind of cornerstone event in the summer. Nielsen stated it is important to make the decisions as early as possible in order to get the best performers and advertise in plenty of time. Quinlan stated discussion will continue at the next meeting. 8.DETERMINE PARK COMMISSION DATE FOR NOVEMBER Quinlan noted the Council will meet on November 13 due to Veterans Day on Monday, November 12. Commissioner Gordon moved to move the November meeting to Wednesday, November 14. Swaggert seconded the motion which carried unanimously. 9.NEW BUSINESS None 10. STAFF AND LIAISON REPORTS/UPDATES A. City Council Nielsen noted the Comp Plan amendment is moving forward. All Park Commission recommendations have been approved by the City Council. B. Staff Nielsen stated we are still trying to complete the rustic trail. Commissioner Mangold has offered to do some Bobcat work to get the work done. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 11, 2012 5 PAGE 5 OF 14. ADJOURN Commissioner Swaggert moved, Commissioner Hartmann seconded, to adjourn the Park Commission Meeting of September 11, 2012, at 9:15 p.m. Motion carried. RESPECTFULLY SUBMITTED, Clare T. Link Recorder CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us To: Park Commission From: Twila Grout – Park and Rec Coordinator Reviewed by: Brad Nielsen – Planning Director Larry Brown – Public Works Director Date: October 4, 2012 Re: Accept 2013 Concession Operation Agreement The Park Commission had asked that staff check with the sports organizations to see if there was any interest in providing concession services in 2013 for Eddy Station. At the Spring/Summer Sports Organization meeting staff asked if there would be any interest, the organizations expressed that did not want to provide concession services. Russ Withum has provided concession services since 2005 and has agreed to provide concession services for Eddy Station again for the 2013 season. Mr. Withum has agreed to pay the city $394 for the 2013 season. Payment will be due September 30, 2013. Staff is recommending formalizing the agreement with Mr.Withum for the 2013 season. #5 Independent Contractor 2013 Concession Operation Agreement By and Between City of Shorewood and Contractor THIS AGREEMENT , made this day of , 201, 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, 4924 Three Points Blvd., Mound, MN 55364 (the “Contractor”) REClTALS 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. b.) Contractor agrees to be responsible for the cleaning and maintenance of the concession area. 3.) Contractor Payment. The Contractor agrees to pay the City $394 for the year 2013. Payment due to the City by September 30, 2013. 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 $1,000,000. 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 By:_______________________________ By:___________________________________ Its:_______________________________ Its:____________________________