120914 Park Comm Mtg
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, DECEMBER 9, 2014 7:00 P.M.
AGENDA
1. CONVENE PARK COMMISSION MEETING
A. Roll Call
Hartmann(February 23)____
Mangold(December)____
Dietz(July)(Nov-tentative) ____
Sawtell(January 12) ____
Ische(January 26)_____
B. Review Agenda
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of November 25, 2014 – (Att.-#2A)
3. MATTERS FROM THE FLOOR
4. PARK BUDGET COMPARISION WITH OTHER CITIES -
(Att.-#4)
5. CIP UPDATE
- (Att.-#5)
6. APPROVE AN AMENDMENT TO PARK DEDICATION FEES
- (Att.-#6)
7. APPROVE CONCESSION AGREEMMENT
- (Att.-#7)
8 UPDATE ON PARK TO-DO-LIST PLAN
- (Att.-#8)
9. NEW BUSINESS
10. 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
11. ADJOURN
Liaison for City Council Meeting on January 12 is Commissioner Sawtell
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, NOVEMBER 25, 2014 7:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Mangold convened the meeting at 7:00 p.m.
A. Roll Call
;
Present: Chair Mangold, Commissioners Hartmann, Dietz, Sawtell and IscheCity
Council Liaison Woodward; City Planner Nielsen
Absent: None
B. Review Agenda
Sawtell moved to approve the agenda as written. Hartmann seconded the motion. Motion carried 3-0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of October 14, 2014.
Dietz moved to approve the minutes of the October 14, 2014 meeting as amended: Add: we are looking
for staff to confirm whether or not we have a rain sensor on the systems in the parks. Brown noted the
rd
newer systems do have them. No change was made following Brown’s update. Page 4, 3 paragraph
down, Ische discussed the problems, not the programs. Hartmann seconded the motion. Motion carried
4-0.
3. MATTERS FROM THE FLOOR
There were none.
4. FOLLOW-UP ON THE FOLLOWING PARK ITEMS
A. ARCTIC FEVER
Nielsen stated the organizer of Arctic Fever prefers to keep the event on the 3-day weekend
as it has been in January.
B. SPORTS ORGANIZATION USER FEES
Nielsen stated Grout did some research on user fees. Shorewood currently charges $10 per
person. The money goes into the General Fund to pay for park maintenance. The fee that
Shorewood charges is similar to what other cities charge.
Mangold asked some charge differently for tournaments and asked if we have any. Brown
stated there is a tournament fee in the fee schedule.
Ische asked if fields are mowed on Fridays in anticipation of a Saturday tournament.
Brown stated that is the normal activity to keep happy customers.
PARK COMMISSION MINUTES
TUESDAY, NOVEMBER 25, 2014
5
PAGE 2 OF
Mangold asked when talking about tracking this, he would like to know moving forward
how much is charged per sport as well as indicating whether or not it is a tournament.
Woodward stated he did get a number about four years ago of the number of users. He
believed staff could generate this information.
Nielsen stated this information could be provided on an annual basis.
The Commission recommended no changes be made to the user fee.
C. CONCESSION AGREEMENT
Nielsen stated the information will be made available at the December meeting.
D. PARK DEDICATION FEES
Nielsen stated a revised spreadsheet is provided which includes all the park dedication fees.
The fee hasn’t been updated for a few years. There is a development project coming up
that we want to be prepared for. He reviewed a number of cities to compare what other
they charge for park dedication fees. The City Attorney has advised that the park
dedication fee must relate to the City’s needs. He stated there will be a specific
recommendation discussed at the December meeting.
Ische asked if we need to act quickly in order to take advantage of proposed nearby
development. Nielsen stated the country club has been sold and will be developed as
residential. He discussed a meeting with the developer. He stated the project most likely
will not begin development until 2016. He stated there is a lot to be done in order to
prepare for the development on the City’s side.
Ische stated it seems like it could be a great opportunity for green space given the amount
of land that is probably unbuildable. Nielsen agreed and indicated the developer likes to
have a variety of green space in their developments. He indicated trails were discussed
with the developer who was open to a variety of possibilities. He also indicated the City
Council approved the Badger Park plan in two phases. Plans and specifications for Phase
One have been ordered.
Ische stated he had noted in minutes that the City Council had directed it be held off until
2016. Woodward stated the concept plan decision was that Plan 1.5 was okay but agreed
to hold off any work until the determination what will be done on the country club site. He
discussed the challenge for funding the second year’s portion of the work.
Commissioners and staff discussed the possible future development on the country club
site.
Mangold asked about the engineering work for the Badger Park development. Woodward
stated the Council discussed moving forward with the engineering portion of the work.
Mangold asked if the project is being moved back, does that mean the plans are as well.
PARK COMMISSION MINUTES
TUESDAY, NOVEMBER 25, 2014
5
PAGE 3 OF
Woodward stated it would be a good idea for staff to put that on the City Council’s
th
December 8 meeting.
th
Nielsen stated a staff report will be brought back to the December 9 meeting for a
recommendation to the City Council.
Dietz asked for more clarification of what is meant by the City being able to take land
rather than money as park dedication. Nielsen stated the City is able to take land and/or
money as park dedication. The Comprehensive Plan guides where and if parkland should
be dedicated.
Dietz asked if the trail along Smithtown a part of the development. Woodward stated the
developer might participate with funding, and the City Council authorized moving forward
with the trail.
Commissioners and staff discussed park dedication fees, determining a percentage based
on fair market value, and density determinations.
5. UPDATE PARK TO-DO LIST
Brown stated all the items that were urgent or intended to be done this year have been completed
with the exception of the Gideon Glen signage. The signage will be installed when it thaws in the
spring. The drinking fountain at one of the parks is a work in progress.
Woodward asked that a key be added to the chart in order to easily tell what the various “x’s”
mean.
Brown stated the chart will be edited and returned for review.
Hartmann asked if there has been a quote for the shelter at Manor Park. Nielsen stated someone
has been lined up to do the necessary work.
6. PARK BUDGET COMPARISON
Nielsen stated this chart should be taken with a grain of salt as it is unknown what numbers are
being put in the chart as their percentage of budget spent on parks. Some may include capital
improvements. Some cities are also rather large. Shorewood is at five percent which does not
include capital improvements.
Nielsen stated it would be useful to add our capital improvements into the number to see what that
percentage is. He stated they could also call the cities to see if they can separate capital vs.
maintenance items.
Mangold stated he would like to see park acreage added for each city.
Additional information will be added to the comparison.
PARK COMMISSION MINUTES
TUESDAY, NOVEMBER 25, 2014
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7. PARK SURVEYS
Nielsen stated it is important to look at the park surveys every now and then. He stated he knows
the frequency of the survey was discussed. There was talk about a monthly survey being too
much, but a quarterly survey would probably be an idea. He asked for more direction from the
Commission.
Woodward stated the survey was done in the fourth quarter of 2010. It was a mailed survey done
by a professional company.
Ische asked what the return percentage was. Woodward believed we got back a high percentage of
surveys. The company did follow-ups to the mailed surveys. Ische was concerned a passive
survey question would not glean worthwhile data.
Nielsen stated he learned that if you ask a question, there is always the expectation that something
will come out of that. You don’t just throw out questions for curiosity’s sake. Woodward stated
some cities have put a short survey with the utility bills that will get people’s attention. We have
that opportunity.
Mangold stated the question is whether we have something we want surveyed. He believed using
the utility bill is useful information.
Nielsen reported staff had a meeting with Chanhassen regarding Cathcart Park. A future
development is proposed in the nearby area. Trails were discussed. A joint meeting will be held
with their Park Commission in the spring to discuss the park.
Ische recalled we weren’t too interested in completely rearranging the park layout. Our major
concern was parking. Mangold stated we would need to discuss long term maintenance of the
park.
Ische stated his call coming from the meeting would be to discuss channeling some of the park
dedication fees from Chanhassen’s new development to the park.
Woodward suggested staff provide usage information for the park prior to the joint meeting.
Hartmann asked if there has ever been any discussion about letting Chanhassen having their park
back. Nielsen stated there has. He stated it was dedicated to the City of Shorewood, and there are
laws about what can be done with dedicated land.
Commissioners and staff discussed future park development, possible improvements, adjoining
development in Chanhassen, bidding climate, and future trail development.
Commissioners agreed park surveys will be an important information gathering resource in the
future.
PARK COMMISSION MINUTES
TUESDAY, NOVEMBER 25, 2014
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8. DETERMINE LIAISONS FOR JANUARY AND FEBRUARY COUNCIL
MEETINGS
Mangold stated liaisons are needed for the January and February meetings. Sawtell offered to
report at the January 12 meeting. Ische offered to report at the January 26 meeting. Hartmann
offered to report at the February 23 meeting.
Woodward suggested those whose terms are expiring should contact staff to apprise them of their
interest in remaining on the Commission.
9. NEW BUSINESS
None
10. STAFF AND LIAISON REPORTS/UPDATES
A. City Council
Woodward updated the Commission on recent Council action. They recognized the Park Summit
meeting should be an annual meeting. The feasibility study for Smithtown East was approved.
Drainage at Freeman Park was discussed.
B. Staff
Brown stated Chief Litsey will be resigning the end of November and staff will be researching
alternative energy.
Dietz asked for an update on the Community Center. Woodward discussed the status.
11. ADJOURN
Dietz moved, Sawtell seconded, to adjourn the Park Commission Meeting of November 25,
2014 at 8:45 p.m. Motion carried .
RESPECTFULLY SUBMITTED,
Clare T. Link
Recorder
#4
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331
Phone: (952) 960-7900 • FAX: (952) 474-0128 • Email: planning@ci.shorewood.mn.us
PLANNING AND PROTECTIVE INSPECTIONS
MEMORANDUM
TO:
Park Commission
FROM:
Brad Nielsen
DATE:
4 December 2014
RE: Park Budget Comparisons (rev)
FILE NO.
Parks (Admin)
At the Park Commission’s request, staff prepared a spreadsheet showing comparisons of what a
number of metro area cities spend on parks each year. It was noted that the way cities report
finances, some appear to include capital expenses in their reports, while others – such as
Shorewood, include only maintenance and operations. Time constraints prevent staff from calling
around for each city’s budget breakdown, however, a closer look at Shorewood’s spending sheds
light on the comparison spreadsheet.
For example, using 2016 CIP projections, Shorewood could spend $692,000 (Badger Park, Phase
I) in capital improvements that year. Combined with current maintenance and operation figures,
this would total $917,716 or 20 percent of the current budget. In 2017 (Badger, Phase II), the
number is even greater - $860,000. Again, combined with current maintenance and operations
figures, totals $1,085,716 or 24 percent of current budget.
To round out the comparisons, the Park Commission asked staff to research the number and
acreage of parks in the study group. Twila Grout has prepared the attached table, the data from
which will incorporated into the comparison table and distributed at the meeting on Tuesday.
Cc: Bill Joynes
Bruce DeJong
Twila Grout
Dick Woodruff
1
City Number of Parks Acreage
Chanhassen 29 363.45
Chaska 32 289
Deephaven 6 91
Delano 16
Eden Prairie 37 3,272.55
Edina 62 1,565.94
Golden Valley 32 522
Maple Grove 49 1,800
Minnetonka 54 1,500
Minnetonka Beach 9 22.30
Minnetrista 20 72.4
Mound 29 29.5
Orono 24 246.70
Plymouth 53 1,200
Shorewood 7 59
Spring Park 3 6
Tonka Bay 5 22.3
Victoria 22 200
Wayzata 10 37.5
2
#5
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331
Phone: (952) 960-7900 • FAX: (952) 474-0128 • Email: planning@ci.shorewood.mn.us
PLANNING AND PROTECTIVE INSPECTIONS
MEMORANDUM
TO:
Park Commission
FROM:
Brad Nielsen
DATE:
4 December 2014
RE: 2015 CIP - Parks
FILE NO.
Parks (CIP)
At its last meeting the Park Commission was advised that the plans for Badger Park have been
moved out one year on the City’s Capital Improvements Program, pending the outcome of the
Minnetonka Country Club project. The Commission expressed a concern that we would be
“standing still” during 2015 and that consideration be given to moving other CIP items forward
while Badger Park is being resolved.
First, with respect to standing still, at present there are four items on the CIP for 2015, two of
which are carryovers from 2014:
Gideon Glen signage and parking improvements, $20,000 (2014)
Badger Park tennis court resurface, $9400 (2014)
Cathcart Park tennis and basketball court resurface, $8900 (2015)
Silverwood Park half-court resurface, $2500 (2015)
The CIP has been updated to reflect the current bids we have received (see attached). For its
meeting on Monday night, the City Council has been requested to authorize staff to proceed with
scheduling these items for first thing next spring/summer.
As we have mentioned in the past, CIP projects are subject to the availability of funds.
Administrator Joynes and Finance Director DeJong will be present at Tuesday night’s meeting to
update the Commission on current funding status.
Cc: Bill Joynes
Bruce DeJong
Twila Grout
Dick Woodruff
A Residential Community on Lake Minnetonka’s South Shore
DERMCO-LaVINE
CONSTRUCTION
Recreational & Outdoor Services
th
3417 48 Avenue North ● Minneapolis, MN 55429
Office: (763) 535-8250 ● Fax: (763) 535-8335
www.dermco-lavine.com
Twila Grout Job: Resurface Double Tennis Court
City of Shorewood Location: Badger Park
5755 Country Club Rd. Date: 8/26/2014
Shorewood, MN 55331
952-474-3236
cityhall@ci.shorewood.mn.us
Twila,
We are pleased to submit a quote for resurfacing the courts at Badger, Cathcart, and Silverwood parks
next spring (2015). The tennis net poles are heaved, and I have included scarifying the concrete
footings down to help with the tripping hazard.
Resurface Specs. :
Scarify raised cracks, and heaved net pole footings.
Clean and wash surface as needed.
Fill all cracks.
Patch all possible low areas.
Apply a 3-coat color system. (1 coat of black acrylic/asphalt blend with filler: 2 coats of acrylic
color with filler.) Finish Color – Dark Green
Re-stripe tennis courts with 2” white lines according to U.S.T.A. specs.
Stripe blue pickleball lines on tennis courts.
Re-stripe basketball courts with 2” white lines to fit the area.
Clean-up site.
Badger Park (Double Tennis) ---------------------------------------------------------------- $9,400.00
Cathcart Park (Single Tennis, Full Basketball) --------------------------------------------- $8,900.00
Silverwood Park (Half Basketball) ----------------------------------------------------------- $2,500.00
Total to Resurface All: ----------------------------------------------------------------------- $20,800.00
Notes:
Work to be done in 2015.
Water to be supplied by customer.
Structural cracks will begin to reappear within the first year of resurfacing.
If excessive delaminating and/or peeling occurs, an additional charge of $40 per man-hour will be
added. (Not to exceed $1,200 per court)
DERMCO-LaVINE, the Midwest’s Recreational Expert for Four Generations.
Thank you.
Prepared by: _Jerrod Brunelle_________________________________________
Accepted by: ____________________________________________________ Date: ________________
If this bid is accepted, please sign and return the copy to us within 15 days.
#6
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331
Phone: (952) 960-7900 • FAX: (952) 474-0128 • Email: planning@ci.shorewood.mn.us
PLANNING AND PROTECTIVE INSPECTIONS
MEMORANDUM
TO:
Park Commission
FROM:
Brad Nielsen
DATE:
5 December 2014
RE: Park Dedication Fees – Proposed Amendment
FILE NO.
Parks (Admin)
As mentioned at our last meeting, park dedication fees have not been updated for approximately
five years. As a result of the park finance comparison research staff has done, we are
recommending the following:
The City has the option of requiring eight percent of land being subdivided or cash in lieu
of land – eight percent of the value of the raw, undeveloped land. State statutes allow that
amount to be 10 percent. Shorewood opted to adopt eight years ago, with the rationale
that we have less density than most communities, and eight percent is very defensible in
the event of a challenge. The percentage basis is typically used for larger development
projects versus minor subdivisions (three or fewer lots). Staff recommends no change in
this provision.
The current flat fee ($5000) is used for smaller subdivisions of land (i.e. minor
subdivisions). Based on our research, staff is recommending that this be increased to
$6500. This puts Shorewood somewhat on the high side of average of what other cities
are doing with respect to flat fees.
The increase in fees is easily justified in light of the current financial projections in the CIP.
Cc: Bill Joynes
Bruce DeJong
Twila Grout
Dick Woodruff
#7
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331
Phone: (952) 960-7900 • FAX: (952) 474-0128 • Email: planning@ci.shorewood.mn.us
PLANNING AND PROTECTIVE INSPECTIONS
MEMORANDUM
TO:
Park Commission
FROM:
Brad Nielsen
DATE:
4 December 2014
RE: Concession Agreement 2015
FILE NO.
Parks (Freeman)
The Park Commission requested that the City Attorney review and comment on the proposed
Concession Agreement for Freeman Park for this coming year. The Attorney added one
paragraph to the previous agreement as a matter of legal form. The agreement (attached) has
been revised to include the non-assignment clause in Paragraph 10.
Since the City Council only has one meeting in December, and due to the way the meetings fall,
this item has been included on the Council’s agenda for Monday night. Staff has suggested that
they approve it subject to the Park Commission’s review and comments.
If you have any questions relative to this matter, please do not hesitate to contact me prior to the
meeting on Tuesday night.
Cc: Tim Keane
Twila Grout
Dick Woodruff
A Residential Community on Lake Minnetonka’s South Shore
Independent Contractor
2015 Concession Operation Agreement
by and between
The City of Shorewood and Russ Withum Contractor
THIS AGREEMENT
, made this ____ day of December 2015, 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 Eddy Station (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
2015. Payment shall be paid to the City by September 30, 2015.
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.
A Residential Community on Lake Minnetonka’s South Shore
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.) No Assignment. Neither party shall assign its rights and obligations under this
agreement without the prior written consent of the other.
11.) 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.
A Residential Community on Lake Minnetonka’s South Shore
12.) 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.
13.) 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:____________________________
A Residential Community on Lake Minnetonka’s South Shore
#8
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 – Recreation Coordinator/Administrative Assistant
Date: December 5, 2014
Re: Agenda Item 8 – Update on Park To-Do-List Plan
This item will be forthcoming as a handout at the Park Commission meeting Tuesday night.