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:____________________________