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101315 Park Comm AgendaP CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, OCTOBER 13, 2015 7:00 P.M. AGENDA 1. CONVENE PARK COMMISSION MEETING A. Roll Call Hartmann(Aug)____ Mangold(Sept)____ Dietz(Nov) ____ Vassar(Oct)_____ Stelmachers(Dec) ____ B. Review Agenda 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of September 8, 2015 – (Att.-#2A) 3. MATTERS FROM THE FLOOR 4. BADGER PARK FIELD - (Att.-#4) 5. DETERMINE DISCUSSION POINTS WITH THE CITY OF CHANHASSEN REGARDING CATHCART PARK - (Att.-#5) 6. CONCESSSION AGREEMENT - (Att.-#6) 7. NEW BUSINESS 8. 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 9. ADJOURN Liaison for City Council Meeting on October is Commissioner Vassar 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION & SHOREWOOD CITY HALL JOINT CITY COUNCIL MEETING 7:00 P.M. TUESDAY, SEPTEMBER 22, 2015 MINUTES 1.CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 7:00 p.m., and the City Council and Park Commission toured Badger Park. A.Roll Call Present: Chair Mangold, Commissioners Hartmann, Dietz, Stelmachers and ; VassarMayor Zerby,City Council Siakel, Labadie, Woodruff; City Planner Nielsen; Finance Director DeJong Absent: Sundberg B.Review Agenda No motion made to approve the agenda. 2. TOUR BADGER PARK Members of the City Council and Park Commission toured Badger Park. 3. DISCUSS BADGER PARK MASTER PLAN Discussion included the following:  Mangold opened the discussion of the Badger Park Master Plan following the park tour. He asked if the time line for the Badger Park development was still the same and asked what the next step would be.  Comment made whether the golf course property development would have any bearing on the Badger Park plan.  Comment made the golf course property needs to be developed before the final park plan can be approved.  Comment made there should be a safe and attractive access to cross the street to the golf course property which shouldn’t be difficult.  Trail construction materials were discussed.  Application deadline which must be met for grant purposes for the artificial turf field at Badger. Council has directed staff to work with the Park Commission on the grant application. Council would like a summary of what the grant will include. The grant application will be brought to the City Council prior to PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 22 , 2015 4 PAGE 2 OF submittal. The City will expect lacrosse and football organizations to maintain their fields in partnership with the city. Long term, it makes more sense financially to have artificial turf. The public space would be available for other uses as well. Fundraising was discussed. Comments made about whether the field would remain at this location. The costs of repairing the existing field vs. astro turf were discussed. Astro turf maintenance was discussed. A grass field would be out of commission for two years while the grass establishes itself.  Tennis court reconstruction was discussed.  Trail connection to the golf course property. th  Continued discussion of the grant. Council would need to see it by October 26.  Have Badger Park be a drawing point when people are buying homes in the country club development.  Badger Park needs to be completed in phases. There is a need in the community to have this park. It is important to have more parking. The lacrosse field should be the top priority because of the possibility of a grant. The Park Commission will discuss the grant at their meeting in October. 4. CITY COUNCIL MEMBERS EXCUSED Council members left the meeting at 7:46 p.m. The Commission recessed for five minutes Commissioners discussed the cost of the lacrosse field and cost sharing. Nielsen noted the lacrosse representative will reach out to the football representative for cost sharing. 5. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of August 11, 2015 Motion moved to approve the minutes of the August 11, 2015 meeting as. Hartmann seconded the motion. Motion carried 5-0. 6. MATTERS FROM THE FLOOR There were none. 7. REVIEW/DISCUSS CIP DeJong reviewed the CIP. Nielsen stated the needs assessment is a work in progress. DeJong stated timing for the hockey field needs to be included at Freeman. It was pulled out due to lack of funding. Lighting was also discussed. The hockey rink at Badger won’t be removed for at least a couple years, so the year after that would be appropriate. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 22 , 2015 4 PAGE 3 OF Commissioners discussed renting hockey rink boards in 2018-2019 at Freeman. Mangold suggested $50,000 be added in 2018 for Freeman. Commissioners discussed partnering with Tonka Bay, whether a rink could be placed on top of artificial turf, and whether there is a need for a new warming house at Cathcart Park. They also discussed the need for parking in all the parks. Commissioners discussed the skate park and the cost of resheeting the park. They discussed removing the use entirely. There are better facilities in Mound and Chanhassen. Commissioners agreed money should be left in 2016, $10,000, until a decision is made about what to do at the skate park. Commissioners discussed the Badger tennis court resurfacing in 2018. There is a need for a better base under it. Commissioners also discussed whether lighting should be added. Mangold stated tennis is more popular in the spring when there is natural lighting available. $200,000 in 2018 was confirmed for resurfacing. Nielsen asked if it should be resurfaced or a sport court should be added. Mangold stated we get some high level players at Badger. Hartmann suggested there be an additional court added. Nielsen stated it sounds like USTA has money to spend on fencing. Hartmann suggested looking for grant money and pickleball be added. Commissioners agreed Silverwood Park improvements be moved to 2020. Commissioners discussed parking at Freeman Park and the possibility of paving. Dust control treatment was also a possibility. Lighting was also discussed. Hartmann stated the neighbors are not interested in having lighting. Playground equipment will be reviewed in detail at the 2016 park tour. 8. SET DATE AND DISCUSSION ITEMS FOR MEETING WITH THE CITY OF CHANHASSEN REGARDING CATHCART PARK Nielsen stated they meet the fourth Tuesday of the month. October 27 was suggested. Nielsen stated he would confirm the time. He stated we need to create a list of what we think works. He stated the trail should be discussed. The Commission will determine discussion points at the meeting on October 13. 9. SIGNAGE AT FREEMAN PARK This item was continued to the October meeting. 10. NEW BUSINESS None 11. STAFF AND LIAISON REPORTS/UPDATES PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 22 , 2015 4 PAGE 4 OF A. City Council Recent City Council actions were presented. B. Staff 12. ADJOURN Dietz moved, Stelmachers seconded, to adjourn the Park Commission Meeting of September 22, 2015 at 9:32 p.m. Motion carried 5-0. RESPECTFULLY SUBMITTED, Clare T. Link Recorder #6 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/Admin. Asst. Reviewed by: Brad Nielsen – Planning Director Date: October 8, 2015 Re: Accept 2016 Concession Operation Agreement Russ Withum has provided concession services since 2005 and has agreed to provide concession services for Eddy Station again for the 2016 season. Mr. Withum has agreed to pay the city $394 for the 2016 season. Payment will be due September 30, 2016. Staff is recommending formalizing the agreement with Mr.Withum for the 2016 season. Independent Contractor 2016 Concession Operation Agreement By and Between City of Shorewood and Contractor THIS AGREEMENT , made this day day of, October 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 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 2016. Payment due to the City by September 30, 2016. 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:____________________________