040803 PK MIN
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
PARK COMMISSION MEETING CITY HALL
TUESDAY, APRIL 8, 2003 7:00 P.M.
MINUTES
1 CONVENE PARK COMMISSION MEETING
.
Chair Arnst called the meeting to order at 7:05 P.M.
A. Roll Call
Present: Chair Arnst; Commissioners Meyer, Young, and Palesch; City Council
liaison Turgeon; City Engineer Brown; Finance Director Burton
Absent: Commissioners Callies and Davis
B. Review Agenda
Palesch moved, Young seconded, approving the Agenda as submitted. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of March 11, 2003
Meyer requested that page 4, paragraph 5, be replaced with, “Meyer indicated that she foresaw no
way for the city to profitably run the concession stand this year. In the first place, no money is
available to make improvements to comply with the standards. Secondly, any information from the
st
attorney on the appeal will not be available until after April 1, and that seems to be just the start
to the appeal process. She believed that until the city can sell more than pop and candy bars, this
is not going to be a profitable situation for the city.”
Meyers moved, Young seconded, approving the Park Commission Meeting Minutes of March
11, 2003, as amended. Motion passed 4/0.
3. MATTERS FROM THE FLOOR
There were none.
4. REPORTS
A. City Council Meeting of March 24, 2003
Brown reported that the dog ordinance was presented and reviewed, corrections were made and the
Ordinance will appear on the Councils April 15, 2003 agenda.
Brown informed the Commission that a joint Park Commission, Planning Commission and City
Council meeting was scheduled for April 15, from 5:45 – 7PM.
With regard to the Smithtown Road trail, Brown reported that a number of residents were present to
discuss ongoing issues and that the City Council directed staff to proceed with the roadway, while
holding off on the trail. The City Council felt that the need for continuing evaluation of the trail
planning process was evident from this scenario. Brown commented that review of the process would
be interesting, since no less than 5 public meetings were scheduled during the Smithtown Road
pedestrian way planning process.
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At a Commission and staff level, Brown reported that it was difficult to evaluate or come to a solid
conclusion based on the lack of a consensus and the split decisions of the public. The Council felt
further consideration should be given to budget constraints and financing in light of the fact that both
the intersection and Smithtown Road project are vying for State Aid Funds. Since a mere $1.6-$1.7
million is available in the State Aid Fund for both projects, the Council questioned the expenditure of
$200,000 on the pedestrian way.
Meyer suggested that more be done to define who impacts the decision to move forward with a trail or
not. She wished to see time devoted to analyzing which neighbors merit the most weight in a decision
of this nature, is it merely the immediate neighbors who decide or is it based on the good of the overall
community, and how far that is measured needs to be defined.
Chair Arnst maintained that, just as the redevelopment of Smithtown Road is viewed as good for the
entire community, she questioned how the trail could be viewed any differently. She believed that
added weight to nonissues such as litter and trespassing should not be warranted as they are unproven
throughout the community.
Brown indicated that staff had discussed this point as well and, technically, believe this to be a safety
issue, and that the pedestrian way should be viewed similarly as important as the roadway by providing
space to more than those immediately affected neighbors. It was determined that a new process, a
litmus test, must be created in order to come to a solid conclusion. A process which provides the
Commission and Council with the tools to better evaluate what parameters the decision is based on,
safety, recreation, etc. Once the parameters are determined, the City can identify their focus group and
who should be weighted in on the process. Prior to the Vine Hill Road trail project, there was little on
the books with regard to trails, Brown pointed out that the City has come a long way in the planning
process. Unfortunately, in situations like Smithtown Road, where there is a division of philosophy, the
policies are not clear on defining the process; therefore, need to be subject to review.
Chair Arnst stated that, unfortunately, what weighs hugely on this issue is the ROW problems
encountered and the lack of money to gain those easements.
Brown agreed that, years ago, it was much easier to go forward and obtain ROW’s, whereas today,
people have gotten much better at putting up roadblocks to a project.
With regard to Smithtown Road, Chair Arnst questioned how stalling the pedestrian space construction
might impact the costs down the way as the roadway continues to be built.
Brown indicated that certainly the costs would go up; pointing out that a total of 5% of the cost of any
project goes to the mere mobilization of the project to get it rolling. He noted that once the Smithtown
Road project is complete, people will be surprised to see that the roadway is still quite narrow and
perhaps they will mobilize the effort to construct the added trail at that time.
Chair Anst questioned whether the Smithtown pedestrian way issue would be returning to the Park
Commission.
As the Park Commission had already spent a great deal of time on the process, Brown recognized that
the Commission might be hesitant to be brought in further. He indicated that Administrator Dawson
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TUESDAY, MARCH 11, 2003
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would be creating a more detailed trail planning process, to which the Park Commission could be
brought in to comment on if they chose.
Palesch voiced her frustration that the minority have succeeded in eliminating the construction of the
trail for the majority who wish to see it built. She stated that it was difficult to weight the nearly 14
residents who were opposed to granting their ROW, against the approximately 28 who were willing to
grant easements and the general public who felt the pedestrian way was a benefit to the community.
She suggested constructing the pedestrian way skipping the homes whose ROW’s were not granted as
the Commission discussed at one time.
Brown asked if the Park Commission wished to be a part of the re-evaluation process.
Chair Arnst indicated that the Commission would be reluctant to continue to beat up on people
regarding this project. She believed they had done all that they could, following the process over the
course of 5 years, and made their recommendation to the Council.
With regard to the trail planning process itself, Palesch felt that it had proven to be successful in
certain situations, such as the Covington/Vine Hill Road trail. In areas where neighbors wish to see a
trail, Palesch believed they could petition the City to do so, even in the case of Smithtown Road. She
believed neighbors could pressure each other, in a grassroots campaign, and then approach the City to
construct a trail.
Brown suggested the City pick a percentage, say 85%, as the litmus test of whether a trail should
proceed or not.
In her opinion, Chair Arnst could identify two kinds of projects, a trail that a neighborhood asks the
City to provide, versus a trail as part of a road improvement project where the pedestrian space is part
of the road project and is subject to a unique set of questions.
Turgeon asked if the Commission would prefer not to be involved as part of the trail planning process
for road improvement projects.
Meyer felt these were not park related, nor was it a Park Commission function to evaluate road
construction trail projects..
Young still found it difficult that such a large group came out at the eleventh hour in opposition to the
project. After years of negotiating the process, with little comment from these individuals, he
questioned where they were throughout the process.
Brown indicated that it is not uncommon for people to come out late claiming they knew nothing of a
project, even after articles, public meetings, mailings, etc. Brown stated that, one would think, given
the numerous opportunities and time devoted to this process people would know what’s going on in
their own backyard. He suggested stakes or big orange signs alerting the public to what’s going on.
Meyer agreed it must be put in people’s faces more forcibly than the public process.
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Chair Arnst was surprised by the lack of civility neighbors have shown to one another in this latest
process, as one neighbor told her that other neighbors had actually threatened her over this issue.
Brown reiterated that the City needs to strive to find a way to supply people with the tools to give us
their feedback.
Palesch argued that the City has provided people with ample opportunity and numerous times to
provide feedback; the breakdown comes from their lack of response to those efforts.
B. Update on Park Commission Seminar
Chair Arnst reported that she had contacted the Mn. Park and Recreation Association and hoped to
hear from them soon regarding a possible date for a seminar. She promised to have more to report at
the next meeting.
C. Update of Smithtown Road Pedestrian Space
Discussed under Reports 4A.
5. CAPITAL IMPROVEMENT PROGRAM
Director Burton recapped the 2002 Financial Activity, during which the City Council authorized a
transfer from the General Fund specifically to enable the Park Fund to repay its inter-fund loan to the
Sewer Fund for the construction of the Eddy Station building. She reported that overall, 2002 revenues
exceeded expenditures by a small amount of roughly $6,000-$8,000. As no Capital Improvement
Projects (CIP) were scheduled for 2003, the Park Commission will be asked to take into consideration
the Park Master Plan and provide recommendations for 2004 within the next few months. Burton
explained that the Park Fund has received Park Dedication Fees from Cub Foods in the amount of
$27,032 and expects to receive $15,000 from the Lake Linden development in 2003. Future Park
Dedication Fees may include $30,000 from the Capestone addition, and funds provided by the Park
Foundation as it works to continue to honor its commitment to provide donations of $100,000 over ten
years.
In an effort to evaluate new funding sources, Burton noted that other communities direct a portion of
their liquor revenues for park improvements. The Liquor Committee was approached and they felt
capital improvement projects should be evaluated on a case by case basis.
Meyer asked what liquor revenues are typically spent on.
Burton indicated that the liquor operations have only recently become profitable, and in fact, those
profits are down 30% at Shorewood Village. The Committee intends to use these funds to refurbish the
Shorewood Village store and ongoing discussion continues with regard to building a new store near the
Oasis.
Chair Arnst asked what the Park Trail Fund balance was at and where those funds generally come
from.
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TUESDAY, MARCH 11, 2003
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Burton indicated that the balance is currently at 0, and transfers from the Roadway Fund have fed the
Trail Fund in the past.
Meyer appreciated and recognized staff and the City Council for pardoning the Park Commission of its
debt. She inquired whether the Park Foundation commitment would be pardoned as well.
Based on recommendations from the City auditors and moving forward with a positive purpose, Burton
noted that the Park Commission was pardoned of its debt in order to allow it to move forward on a
positive note and not be forced to continually dig itself out of a hole.
Turgeon asked how the park seminar would be funded.
Burton indicated that the seminar would be funded out of the operating budget, not the CIP.
Chair Arnst encouraged the Commissioners to consider how they would like to move forward and
allocate these funds based on the Park Master Plan. She suggested the Commission hold a work session
in May to discuss ideas.
Meyer commented that she believed the Commission should be thoughtful in its planning and not in a
hurry to spend the money.
Chair Anst and Young thanked the City Council for taking the Commission out of debt.
Brown pointed out that the City Council recognized the possibility that the City might be saddled with
the debt from Eddy Station if the Park Foundation failed to live up to its commitment at the outset of
the project. He noted that the Park Commission balance was $100,000 towards the $345,000 project.
Burton indicated that the City hopes the Park Foundation will continue to honor its commitment and
strive to make other marvelous improvements to the parks.
Chair Arnst asked Burton to provide the Commission with guidance in its upcoming work session.
6. CONSIDER CONCEPT OF OPERATION FOR CONCESSION STAND
Meyer reported that she had met with Chair Arnst, Brown, and members of staff to discuss the viability
of concessions at Eddy Station and to formulate a proposal. She reviewed the Concession Proposal
memorandum provided to the Commission pointing out that the goals would be to provide an amenity
to Freeman Park that would break even financially. By establishing a business relationship with an
individual to oversee the operation and management of Eddy Station, Meyer explained that the
concessions would be open Mon-Thurs. from 5:30 – 8:30 PM, and some Saturdays, at the discretion of
the overseer. She reviewed responsibilities of the overseer as laid out in the proposal and indicated that
the work force would likely be made up of volunteers from sports organizations. With regard to
compensation, Meyer explained that the overseer would receive 75% of the net proceeds, and the City
would receive the remaining 25%.
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TUESDAY, MARCH 11, 2003
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Chair Arnst pointed out that representatives of MGSA had already committed to providing volunteers
two nights a week, for a total of 12 volunteer hours. Since MGSA currently has a pool of volunteers at
Bennett Park, Jeff Bailey of MGSA, believed they would pull from that pool of volunteers to provide
their kids with a concession booth at Freeman. After contacting TUSA, Chair Arnst indicated that they
were noncommittal and wished to see a proposal in writing, questioning what would be in it for them.
Chair Arnst asked for staff assistance in submitting a proposal in writing to both organizations. At this
point, she indicated that the concession proposal needs both City Council approval and full Park
Commission support to move forward.
Meyer indicated that the draft proposal was created with input from numerous people. As a City
operated concession seemed unfeasible, the City would like to turn the business over to an independent
operator. Keeping in mind that a separate concession stand exists at Freeman, the City would do its
best to ensure the new concession complied as best it could, by providing it with additional equipment.
Brown suggested the Commission either continue to challenge the Health Department ruling so that the
City could run the concessions, or purchase equipment like the freezer/refrigerator for $450, dog
machine, etc.for an independent contractor to take over.
After a recent tour of Bennett Park concessions and conversations with representatives from Bennett,
Meyer noted that Bennett has agreed to loan Shorewood two hot dog machines on a trial to purchase
basis to make sure they are what the City wants before we buy them. At that time, Bennett would sell
both machines to the City for $250. Meyer continued by reviewing the concession equipment page,
including popcorn machine, potential for a coffee urn, freezer, slushy machine, and soda suggestions.
She pointed out that a portable popcorn machine could be a useful investment for the City.
Brown stated that he would be meeting with the vendor who provides supplies to Bennett and Long
Lake concessions.
Meyer indicated that Charlie Davis has expressed an interest in overseeing the concession business at
Freeman Park Eddy Station. He also suggested that he could oversee inventory similar to a vendor.
Young questioned whether the City should distance itself further from the concession business. He
believed the City should let the volunteer sports organizations know that there is always the possibility
the concessions could be shut down.
Burton commented that she could see that the Commission and Meyer had been very creative in setting
up the concession business. She urged the City to set up any concessionaire as an independent
contractor. She further suggested that the City Attorney be contacted to provide his input regarding
this proposal and agreed that the City should distance itself from the contractor.
While he agreed that the City Attorney’s comments were warranted, Brown believed that any contract
would be viewed as a separate contractual arrangement by the Attorney. He maintained that the City is
allowed to seek out contractors for work and that this position would be somewhat similar to the
contracted janitorial services the City currently uses.
Burton pointed out that the janitorial services do not come with a profit motive.
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Meyer questioned whether the concessions could be run through the Park Foundation to remove it
entirely from the City arena and put it in a nonprofit sector. If the City Attorney sees a conflict, she
suggested contacting the Park Foundation to use the concession operations as a fundraising avenue;
whereas, the 25% would go to the Park Foundation instead of the City.
Meyer indicated that the initial start-up equipment would be purchased by the City.
Brown felt the purchase of $1,000 in equipment would be necessary up front.
Chair Arnst questioned whether the City could make the investment in the equipment, line up an
independent contractor, obtain an opinion from the City Attorney, and contact the Park Foundation etc.
as soon as possible.
Turgeon suggested obtaining the Attorney’s opinion before the City Council meeting next week.
Meyer noted that the Park Foundation would have little to lose, by merely providing their support,
collecting the receipts, paying the overseer, and managing inventory they would receive 25% of the
proceeds.
Turgeon suggested they consider providing additional volunteerism in the effort, either via their
organization or by contacting the sports organizations on their behalf.
When asked why he supported the concessions at Eddy Station, Brown stated that Jeff Bailey of
MGSA indicated that he just wanted the kids to have a good experience at the fields and playing ball.
Some discussion with regard to treat tickets ensued and was tabled for later discussion.
Young complimented Meyer and others on the amount of work they’d devoted to developing a viable
concession proposal. He supported the concept.
Palesch voiced her support for the concession concept and suggested they pursue channeling the
concessions through the Park Foundation.
Meyer inquired whether city staff would maintain control of the concessions if it is run through the
Foundation.
Brown indicated that the City would maintain overall control.
Chair Arnst recapped the need to get sports organization buy-in, obtain the City Attorney’s opinion,
and gain both City Council and Park Commission support for the concept.
Brown suggested that, if the Park Commission were comfortable with proceeding, they make two
motions, the first motion would approve the concept, directing staff to work with the City Attorney,
and bring it forward to the City Council at the earliest possible time, the second motion would approve
the expenditure of funds up to $1,000 on the purchase of equipment.
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Turgeon asked if staff could obtain an opinion from the Attorney by the next Council meeting.
If the Council were given a recommendation and Attorney comments, Meyer questioned whether the
Council could discuss and/or approve the concept next week.
Chair Arnst indicated that, with staff assistance, she would write and fax a letter to Kay Turner at
TUSA to show her board.
Meyer moved, Palesch seconded, to direct staff to move ahead with the concept for operation of
Eddy Station concession stand in 2003, consult the City Attorney regarding the legalities of an
independent operator, and put this on the City Council agenda for April 15, 2003, contingent
upon buy-in of the sports organizations. Motion passed 4/0.
Meyer moved, Young seconded, to recommend the City Council approve the expenditure of funds
of up to $1,000 for additional equipment to be used at Eddy Station and other venues. Motion
passed 4/0.
7. DETERMINE DATE FOR JOINT WORK SESSION WITH CITY COUNCIL
Brown reported that the Work Session was scheduled for Monday, April 15, 2003 at 5:45 P.M.
8. DETERMINE LIAISON FOR APRIL 14, 2003 CITY COUNCIL MEETING
Chair Arnst agreed to act as liaison for the April 14, 2003 City Council Meeting.
9. NEW BUSINESS
Upon her tour of Bennett, Meyer pointed out that they had used a brick program to build a brick
wall at the park.
Chair Arnst questioned the potential for using the bricks as part of the Eddy Station façade.
As another option, Brown suggested using the bricks to adorn the wall where the drinking fountain
could be hung.
A Work Session was scheduled for May 13, 2003, as a piggyback to the regular Park Commission
meeting.
Brown noted that two residents had expressed interest in the open Park Commission seats and
would be interviewed on April 21. Turgeon added that the Commission would likely have a new
Commissioner by its May meeting.
10. ADJOURNMENT
Young moved, Meyer seconded, adjourning the April 8, 2003 Park Commission Meeting at
8:55 P.M. Motion passed 4/0.
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TUESDAY, MARCH 11, 2003
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RESPECTFULLY SUBMITTED,
Kristi B. Anderson
Recording Secretary