121118 Park Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, DECEMBER 11, 2018 7:00 PM
AGENDA
1. CONVENE PARK COMMISSION MEETING
A. Roll Call
Mangold (Jan)____
Vassar____
Rock ____
Barr ()____
Ashmore ()____
B. Review Agenda
2.
APPROVAL OF MINUTES
A. Park Commission Meeting Minutes from October 23, 2018 – (Att.-#2A)
3
. MATTERS FROM THE FLOOR
4. NEW BUSINESS
A. Alcohol and Food Trucks in the Park for Special Events – (Att.-#4A)
B. Warming House Staffing/Set Date and Time to Tour Warming Houses in
January/Skating Events – (Att.#4B)
C. Concession Agreement – (Att.-#4C)
5. OLD BUSINESS
A. Freeman Park Playground – (Att.-#5A)
B. Select the Color for Badger Park Playground PIP Rubber Surface – (Att.-#5B)
C. Badger Park Site Plan and Shelter Design – (Att.-#5C)
D. Soccer Nets for Manor Park – (Att.-#5D)
6. 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
a. Update on Removal of Badger Park Playground Equipment
b. CIP
c. Liaisons for City Council Meetings – (Att.-#6Bc)
d. Park Commission Terms Expiring
7. ADJOURN
Liaison for City Council Meeting on January 14 is Commissioner Mangold
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, OCTOBER 23, 2018 7:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Mangold convened the meeting at 7:04 p.m.
A. Roll Call
;
Present: Chair Mangold, Commissioners Vassar, Rock, Barr, and Ashmore
Planning Director Darling
Absent: Council Liaison Siakel
B. Review Agenda
Barr moved to approve the agenda as written. Rock seconded the motion. Motion carried 5-0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of September 11, 2018
Ashmore moved to approve the minutes of the September 11, 2018 meeting as written. Barr seconded
the motion. Motion carried 5-0.
3. MATTERS FROM THE FLOOR
There were none.
4. NEW BUSINESS
A. Freeman Park Playground
Planning Director Darling stated that the City has a few options with regard to the playground. She stated
that the City could save up for a full playground or choose more limited options. She explained that one
limited option would be to replace the pieces that are faded and aged. She stated that she had spoken with
the playground manufacturer and was told the limited replacement options would cost about half of what
it would cost to replace the entire structure. She stated that she is also trying to determine if any of the
Badger Park pieces that are removed may be able to be utilized and reused at Freeman Park.
Chair Mangold asked what it would look like if some of the pieces were replaced. He questioned whether
that would mean all plastic components are replaced.
Planning Director Darling stated that would be a choice the Park Commission could make. She stated
that all of the red pieces have faded to white on the top and pink on the bottom and look the worst. She
stated that the purple ones are also faded, but not as bad as the red. She stated that the support posts are
fine and can just be painted.
PARK COMMISSION MINUTES
TUESDAY, OCTOBER 23, 2018
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Chair Mangold stated that he feels the question before the Commission is two-fold, where does this park
fall in the priority list of the other parks, and what is the timeline to do work at this park. He stated that
he feels that if the Commission decides to replace plastic, he feels it should all be replaced and not just
portions of it.
Commissioner Rock asked if there were any possible grant monies available to help pay for these
improvements.
Planning Director Darling stated that she will look around and see if she can find any, but noted that they
are typically for full reconstruction projects or new park construction.
The Commission discussed whether the City wants Freeman Park to be a destination park rather than one
only used when there is a baseball game happening. They also discussed that Cathcart, Badger and
Freeman Parks are all the same type of equipment and perhaps should be changed up a little to give a little
variety. They concluded that ideally, they would like a wide variety of equipment, improved landscaping
and replace the surface material.
Chair Mangold noted that he wants to make sure the Commission is making the best decision for Freeman
Park. He stated that he understands the budget concerns but doesn’t want to make a choice and regret it
down the road just because of chasing the dollar.
Planning Director Darling stated that wood chips are a much cheaper option and timbers could be used as
a delineator again which would also be a more inexpensive option, but they could also be made of
concrete curb or plastic. She stated that one other idea is to use volunteer labor rather than paying to have
the equipment installed.
Chair Mangold stated that he would like to see the City be consistent in the edging material used at the
parks. He stated that he thinks the structure is really dated and doesn’t think the City should freshen up
everything else and leave the outdated structure in place.
Commissioner Ashmore suggested taking a look at the size of the playground and consider doing
something on a more modest scale.
Chair Mangold stated that he feels the whole space should be updated. He stated that he likes the idea of
scaling it down, but isn’t sure that would work with the budget.
Commissioner Barr asked about the cost if the playground equipment was down-sized and the area made
smaller.
Commissioner Ashmore stated that her only concern is whether a smaller structure would meet the needs
of the people that rent out the shelter.
Chair Mangold asked whether the Commission thought the structure at Freeman Park should be a larger
structure than Cathcart Park. He reiterated that he is hesitant to just patch up what is currently there but he
also feels this doesn’t need to be as big of an area.
Commissioner Barr stated that if the equipment is replaced with something new and fresh that aren’t
available in the other parks, she thinks this will be an added benefit to people renting out the picnic
shelter.
PARK COMMISSION MINUTES
TUESDAY, OCTOBER 23, 2018
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Commissioner Rock suggested moving forward by assuming the merry-go-round and the swing set will
stay and look into costs of replacing the plastic portions.
Commissioner Vassar stated that it is a functioning park as it is, but does not like the surface material.
Commissioner Barr stated that would like to know a more specific cost to retrofit all the plastic pieces and
what it would cost if the whole area was down-sized and a new playground to go into that space. She
stated that she thinks it will ultimately come down to money and would like to know which of these
options will be more doable for the City.
Commissioner Vassar stated that the Commission also needs to make sure that it is not under construction
for a whole season because people are renting out the picnic shelter.
Planning Director Darling stated that she can do some research and come up with more specific dollar
figures, but would like to know what type of playground the Commission is interested in because there is
a large variety available.
Chair Mangold asked Planning Director Darling to come back with a solid price for the rehabilitation,
surface material, and delineation materials. He stated then the Commission can look at the catalogue at
the next meeting rather than having her try to pick one out by herself.
Planning Director Darling stated that she will have a quote by the next Park Commission Meeting.
Chair Mangold suggested that the Park Commissioners all take time to go take a look at this structure and
setting prior to the next meeting and be prepared to look through the catalogue at equipment options.
B. Soccer Nets for Manor Park
Planning Director Darling stated that there has been a request from an adjacent property owner to add
soccer nets on the play field so kids can play pick-up games outside of the soccer season. She stated that
the associations do buy their own nets and put them out there during the season. She stated that she had
asked Public Works Director Brown and the City did used to have nets out there, but they disappeared
frequently and were moved around by nearby property owners who didn’t want the goals pointed at their
homes.
The Commission discussed the pros and cons of putting the nets in during non-season times.
Chair Mangold stated that this is a very involved neighborhood and suggested getting some feedback
from them on whether they agree on it or not. He stated that Public Works Director Brown will also need
to be involved in the discussion because there may be storage or upkeep issues that he will handle.
Commissioner Ashmore asked for more detailed information on the cost of a replacement net and how
often they need to be replaced.
C. Select the Color for the Badger Park Playground PIP Rubber Surface
Planning Director Darling explained that she is recommending the Commission choose from the standard
colors available because there is an upgrade charge for other colors. She reminded the Commission that
they had chosen the Atlantic color scheme for the equipment which is blue, green, and gray.
PARK COMMISSION MINUTES
TUESDAY, OCTOBER 23, 2018
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The Commission discussed the different colors and asked for Planning Director Darling to bring back
examples of the blue, green and charcoal colors they are interested in, so they can envision it.
5. OLD BUSINESS
A. CIP Follow-Up Discussion
Planning Director Darling stated that she had incorporated all the suggested changes from the last
meeting.
Chair Mangold asked about the tennis courts in Badger Park.
Planning Director Darling stated that the grant process is very in depth so it will take some time. She
noted that she had not gotten any quotes yet.
Chair Mangold stated that he feels there will be two different contractors doing the work and shouldn’t
get in each other’s way. He would like to get the process started and get all of Badger completed. He
stated that he knows that the neighborhood has expressed some frustration with what is going on at the
park and doesn’t want to push things out too far and cause further angst for the neighborhood. He asked
if the City was just going to ignore the pond at Manor Park from a CIP standpoint.
Planning Director Darling noted that the City is not ignoring the pond, and that staff is exploring a two-
tiered approach, treating the algae for short-term benefit and dredging the pond for long-term benefit.
Mangold moved to send the Park Commission CIP as presented, to Council. Ashmore seconded the
motion. Motion carried 5-0.
6. STAFF AND LIAISON REPORTS / UPDATES
A. City Council - None
B. Staff
Planning Director Darling stated that goats have been delivered to Freeman Park to do buckthorn
eradication which has been going well. She stated that the Council had accepted the quote and authorized
payment for the PIP rubber surface at Badger Park.
Chair Mangold noted that the Council had recently held a work session at Manor Park to meet with the
neighborhood. He stated that there was quite a large turnout with over 20 people in attendance. He stated
that the pond has been getting progressively worse over the last few years. He stated that Council listened
and stated that they were open to looking for a long-term solution. He stated that there was definitely a
united front from the neighborhood that something needed to be done because it had been talked about ten
years ago and in that span of time has greatly deteriorated. He thinks that staff has been directed to pursue
both treatment options and dredging options.
Planning Director Darling stated that was correct and believes the next step is to begin hiring consultants
to do the engineering to figure out how much it will cost to dredge the pond and take the material that is
pulled out of the pond to a hazardous waste facility.
PARK COMMISSION MINUTES
TUESDAY, OCTOBER 23, 2018
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Chair Mangold stated that the Commission had asked about the removal of the equipment at Badger Park
and whether Public Works would be able to do the work and they haven’t heard an answer yet.
Planning Director Darling stated that she had not heard back from them either and will ask them again.
7. ADJOURN
Barr moved to adjourn the Park Commission Meeting of October 23, 2018 at 8:15 p.m. Rock
seconded the motion. Motion carried 5-0.
Respectfully submitted,
Marie Darling
City Planner
#4A
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 & Rec Coordinator/Admin. Asst.
Reviewed By: Marie Darling – Planning Director
Date: November 14, 2018
Re: Serving Alcohol in the Parks
Attachment: Surrounding City’s Ordinance Language Concerning Alcohol in the Parks
Five years ago the Park Commission looked at serving beer and wine in the parks. At that time the motion
failed 3-4 to approve beer and wine at City sanctioned events. This past Music in the Park event, city staff
were asked again why the city does not serve beer/wine or have food trucks or offer food beyond
concessions at Music in the Park. Other events have also called service of alcohol/food trucks into question:
Blues and BBQ (with Famous Daves) at Freeman Park
Country Hoe-Down at Badger (the American Legion sold food and suggested a beer tent)
Rotary events.
The current city ordinance does not allow alcohol or food trucks in the parks.
As previously discussed the following is what the City Attorney advised at that time if liquor were to be
sold/consumed in city parks for special events:
The City Code would have to be amended to allow temporary licenses and to allow liquor and food
trucks in City parks.
Any vendor selling liquor in the park would have to provide its own dram shop insurance.
The City’s current insurance would be adequate to cover any liability associated with sale of liquor.
Staff has attached a copy of responses from the cities regarding their policy on alcohol in the parks. The
following cities now allow alcohol at city sanctioned events: City of Excelsior, City of Minnetonka, City of
Mound, City of Victoria.
Staff is requesting the Park Commissions either affirm the current rules or direct staff to make any changes
to allow alcohol and/or food trucks in the parks for events. Any changes to the ordinance language would
be discussed in draft form prior to forwarding proposals to the City Council.
Surrounding City’s Ordinance Language Concerning
Alcohol in the Parks
City of Excelsior: (Allows by Permit)
Sec. 24-17. - Drinking in parks.
No person shall possess or consume intoxicating liquor or 3.2 percent malt
beverages in The Commons or parks of the city; provided, however, that
the possession or consumption of such beverages shall be permitted when
dispensed by an organization or association of persons who have first
obtained a written permit therefor, authorized by the city manager, upon
such terms and conditions as the city council may impose.
(Code 1982, § 230:83)
City of Minnetonka: (Allows by Permit)
1135.030. Permits.
1. Applications for permits for alcoholic beverages, large group events, and
sound amplification must be submitted to the city in accordance with
procedures and fees prescribed by the director. The director may deny a
permit application when the proposed activity may adversely affect the
public health, safety, or welfare, or the condition of the park facility. The
director may add conditions to any permit to mitigate potential adverse
effects or to ensure the quiet and orderly use and enjoyment of the park
facility. Any person aggrieved by action of the director may appeal to the
city council by submitting a request in writing to the director within 10 days
after notice of the action.
2. Permits for alcoholic beverages are subject to the following
requirements.
a. Permits will be only for beer and wine in non-glass containers.
b. Permits will be issued only for use at a picnic shelter for which a
reservation has been made.
c. Permitted alcoholic beverages may be possessed and consumed only
in picnic shelter areas. Alcoholic beverages are not permitted on any athletic
field, tennis court, skating rink, or adjacent areas and not in any parking lot.
d. The person responsible for the gathering must remain within the area
for which the permit was issued at all times that alcoholic beverages are
being served, must have the permit in possession, and must display it upon
the request of authorized city personnel.
e. Alcoholic beverages are not permitted before 10:00 a.m. or after 9:00
p.m.
11/2018
(Amended by Ord. 2017-04, effective June 3, 2017)
City of Chanhassen: (Allows)
Sec. 14-61. - Alcoholic beverages.
Except for malt beverages and wine, no person shall consume or have in
his possession while within any city park any bottle or receptacle which
contains intoxicating liquor which has been opened, or the seal broken, or
the contents of which have been partially consumed.
(Ord. No. 57, § 5.02, 6-17-75; Ord. No. 57A, § 1, 9-20-76; Ord. No. 2H, §
7.19, 4-19-82; Ord. No. 134, § 1, 11-11-90; Ord. No. 360, § 5, 12-8-03;
Ord. No. 391, § 1, 3-28-05)
City of Minnetrista: (Doesn’t Allow)
1200.07. Consumption in public places.
No person shall consume intoxicating liquor or 3.2 percent malt liquor in a
city park, on any city street, sidewalk, trail, or parking lot, or in any public
place other than on the premises of an establishment licensed under this
ordinance or where the consumption and display of liquor is lawfully
permitted.
City of Deephaven: (Doesn’t Allow)
The do not allow sales or consumption at their parks.
City of Greenwood: (Doesn’t Allow)
They do not allow sales or consumption at their parks.
City of Victoria: (Allows)
They allow beer and wine within City Parks at all times.
No alcohol, but they are working on changing the ordinance to allow for
alcohol at of their enclosed shelters with an approved rental agreement and
liquor license.
City of Mound: (Allows for Festival)
Only for the City collaborative festival, Spirit of the Lakes do they have
alcohol in the park.
11/2018
4B
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: Marie Darling, Planning Director
Meeting Date: December 11, 2018
Re: Freeman Park Rink Updates and Warming House Tour
Warming House Staffing:
This year we received only eight applicants for warming house attendants, typically we staff
with four attendants per warming house. As a result, we don’t have enough attendants to keep
open three warming houses. Staff will schedule all the staff at Cathcart and Manor parks this
year and not open the Freeman Park warming house except for special events. The Freeman
rink would still be flooded and available during the day and during evening hours.
Special Event Skate Nights:
To boost interest in skating and get people out to the parks in the winter, staff is organizing
community skate nights at each of the city rinks. So far the following evenings work:
1.January 11: Cathcart
2.January 25: Manor
3.February 1: Freeman
6-9 p.m. Cocoa and Cookies would be served.
Warming House Tour:
January 8, starting at Manor Park at 6:00 p.m., if we can have a quorum at that date and time.
Regular meeting to follow.
#4C
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: Marie Darling – Planning Director
Date: December 11, 2018
Re: Accept 2019 Concession Operation Agreement
Russ Withum has provided concession services since 2005 and has agreed to provide concession services for
Eddy Station again for the 2019 season.
Mr. Withum has agreed to pay the city $394 for the 2019 season. Payment will be due September 30, 2019.
Staff is recommending formalizing the agreement with Mr.Withum for the 2019 season.
Independent Contractor
2019 Concession Operation Agreement
By and Between City of Shorewood and Contractor
THIS AGREEMENT
, made this ___ day of __________, 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
2019. Payment due to the City by September 30, 2019.
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:____________________________
Twila Grout
From:Landscape Charlie <charlie@landscapecharlie.com>
Sent:Friday, December 7, 2018 8:29 AM
To:Twila Grout
Cc:Charlie Kraemer
Subject:Re: Soccer Nets
Twila, hope all is well. Thanks for the e-mail. Busy end of my working season-sorry on delay. Just got off the phone with
Kwikgoal, they say about every 2 years with normal wear and tear. I don’t think the nets are going to fall apart after 2
years…. I would think, they would start to need a little bit of attention a couple times a year with adjusting or timing
together any overly used areas after many years, (tie together as needed). I am saying this based on my experience in
installing this goal/net and using other nets throughout my soccer years. It is very nice quality. Small square sizes for
the net rather than large square-way more support than the nets that were here previously. I feel confident in a 4-5
year life span on the nets. Replacement nets retail for $175/ea. We could get them down to about $150 each based on
the discount they gave me on the goal and net at original purchase.
I am planning on bringing in the net from the goal that I purchased and keeping it in my garage (plenty of space)
shortly. I obviously would be willing to store the other net when that day comes in my garage as well. Pretty easy for
me to pull both when needed.
Please let me know if any questions.
Charlie Kraemer
Landscapecharlie.com
612-220-0101
On Nov 15, 2018, at 12:55 PM, Twila Grout <TGrout@ci.shorewood.mn.us> wrote:
1
6Bc
Liaison to the City Council meetings
Park Commission Meeting Report at City Council Liaison
Meeting
November 27, 2018 December10, 2018
December 11, 2018 and January 14, 2019 Mangold
January 8, 2019
February 12, 2019 February 25, 2019