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HomeMy Public PortalAbout12.16.2015 Park Commission PacketMEDINA AGENDA MEDINA PARK COMMISSION WEDNESDAY, DECEMBER 16, 2015 7:00 P.M. Medina City Council Chambers City Hall, 2052 County Road 24 1) Call to Order 2) Additions to Agenda 3) Approval of the Minutes from: • November 18, 2015 Regular Meeting 4) Public Comments (on items not on the agenda) 5) City Council Update 6) Paul Fortin Memorial Field Scoreboard 7) Hamel Athletic Club Agreement 8) Staff Report a) General Items 9) Adjourn Posted 12/11 /201 S Pa • e l of 1 MEMORANDUM TO: FROM: DATE OF REPORT: DATE OF MEETING: SUBJECT: Medina Park Commission Jodi Gallup, Assistant to City Administrator December 11, 2015 December 16, 2015 Park Commission Meeting Report 2. Additions to Agenda If any Park Commissioner wishes to add an item to the agenda after the agenda has already been posted, the agenda item must be proposed at this point in the meeting. The Park Commission must agree to add the item by motion. 5. City Council Update This is a reoccurring agenda item to have the City Council Liaison to the Park Commission, Lorie Cousineau, give an update at each meeting on what is happening at the Council level. 6. Paul Fortin Memorial Field Scoreboard The Hamel Hawks have been working with the Hamel Lions to replace the scoreboard at the Paul Fortin Memorial Field. The current scoreboard is over 30 years old and has not worked for the last two years. The scoreboard would be completely funded by the Hamel Lions, but then donated to the City of Medina. Ted Fust with the Hamel Hawks put together the attached presentation and will be at the meeting asking the Park Commission to approve the design for the new scoreboard. See attached presentation. Recommended Action: Make recommendation on scoreboard design and replacement. 7. Hamel Athletic Club Agreement The Park Commission reviewed this item at the November l8th meeting and asked staff to bring back the updated version for final review before making a recommendation to the City Council. See attached HAC contract. Recommended Action: Make recommendation to City Council. 8. Staff Report a. General Items. This agenda item is to give a verbal update on any other general park items. Staff representation at the December 16th Park Commission meeting will be Assistant to City Administrator Jodi Gallup and Public Works Director Steve Scherer. 1 Medina Park Commission Meeting Minutes - DRAFT November 18, 2015 Medina City Hall Page 1 of 3 The Park Commission of Medina, Minnesota met in regular session on November 18, 2015 at 7:00 p.m. at Medina City Hall. Park Commission Chair Steve Lee presided. 1) Call to Order Commissioners Present: Steve Lee, Madeleine Linck, Lori Meehan, Robin Reid, John Jacob, Nate Pearson, and Dino DesLauriers Commissioners Absent: None Also Present: City Council member Lorie Cousineau, Assistant to City Administrator Jodi Gallup, and Public Works Director Steve Scherer 2) Additions to the Agenda: Linck requested adding "Chemical Use in Parks" to the agenda. A motion was made by Reid and seconded by Pearson to add "Chemical Use in Parks" to the agenda after the staff report. Motion passed unanimously. 3) Approval of Minutes: • September 23, 2015 Regular Meeting A motion was made by Linck and seconded by Reid to approve the minutes from September 23, 2015 as presented. Motion passed unanimously. 4) Public Comments (on items not on the agenda): None. 5) City Council Update Lorie Cousineau updated the Park Commission on recent City Council actions. She also stated that Mayor Mitchell questioned if the Park Commission had plans to add any regulation soccer fields to the City of Medina. The subject was briefly discussed noting that soccer nets had been purchased for Medina Morningside Park and the city planned to buy additional soccer nets for the Park at Fields of Medina. The Park Commission had seen no interest in adding regulation fields, but is currently pursuing recreational soccer fields in existing city parks. 6) Recreational Field Use Policy & Fee Schedule Gallup reported that the Ball Field Subcommittee has held two meetings to review the recreational field use policy and fee schedule. The committee is recommending updating the City's contract with the Hamel Athletic Club (HAC) to conduct all grounds services at the ball fields to make sure the fields are being maintained consistently. The committee is also recommending to increase the ball field rental fees substantially to cover these costs. She noted that the increased fees are in line with what surrounding cities currently charge. The proposed 2016 fee schedule will charge ball field users $50 for practice and $100 for games. Half of the fee will go to HAC and the City is proposing to put the Medina Park Commission Meeting Minutes - DRAFT November 18, 2015 Medina City Hall Page 2 of 3 second half in a separate fund to help pay for future capital ball field projects and maintenance. Gallup stated that she had sent a draft copy of the proposed recreational field use policy and fee schedule to all the organizations that rented ball fields in Medina this last year. She received feedback from the Hamel Hawks, Hamel Athletic Club, and Providence Academy all stating that they would still rent the fields under the new rate structure. The Park Commissioners reviewed the updated proposed contract between the City of Medina and HAC and provided the following suggestions: • Add penalty for non-performance of field maintenance The penalty should be the full rental cost that the organization had to pay to reserve the fields. • Under contract termination, the city should be allowed to terminate the contract, but the contractor should not be allowed to terminate. • 3.16 under city's responsibility to mow should specify that it excludes infields as HAC will be mowing the infields. • 4.01 allowing the sign program should require HAC to show revenues to the city to make sure it is being spent on ball field improvements as stated in the contract. • The insurance section was questioned if the coverage would need to be increased. Gallup will update the contract language based on the provided suggestions and bring it back to the Park Commission for a final review. A motion was made by Reid and seconded by Jacob to recommend the increased fees for ball field rental in the city fee schedule. Motion passed unanimously. 7) Staff Report • Park Commission Vacancies — Gallup stated that Lee and Linck's seats are up to expire at the end of 2015. Linck has reached her term limit and is moving out of state. Lee has indicated that he will re -apply for another term. • 2040 Comprehensive Plan Update — Lee provided an update to the Park Commission on the 2040 Comprehensive Plan Steering Committee's meetings and the community visioning event. • General Items — Scherer stated that he had discussed with staff about approaching the owners of the property that borders the back corner of Tomann Preserve. 8) Chemical Use in Parks Linck stated that she provided Scherer with articles on the negative effects and health risks of Roundup and questioned if that chemical was used in the parks. Scherer stated Medina Park Commission Meeting Minutes - DRAFT November 18, 2015 Medina City Hall Page 3 of 3 that a version of Roundup is sprayed on cracks in the roads before sealcoating, but it is not sprayed in the parks. Linck noted that after the movie in the park event, someone suggested spraying the parks before future movies to minimize mosquitos, but she stated that kind of spraying would kill everything including toads (not just mosquitos). She suggested giving everyone cans of bug spray to use instead of spraying the entire park. 9) Adjourn A motion was made by DesLauriers, seconded by Pearson and passed unanimously, to adjourn the meeting. The meeting was adjourned at 8:28 p.m. Minutes prepared by Jodi Gallup. PRESENTATION FOR NEW SCOREBOARD AT PAUL FORTIN MEMORIAL FIELD. --The existing scoreboard is well over 30 years old if not older. r BALL 6TR1KE OUT H E GUEST 45• #' �1�1►11► Ir HAMEL �lr'1C� --The old score board has not worked for 2 years. It is an obsolete model and parts are no longer available and it needs to be replaced. The Hamel Hawks (Men's Amateur Team) has done some preliminary research and design on a replacement score board. In doing so, we approached the manufacturer of the existing score boards on the little league field and the SW field on the four-plex (see below). In doing so, we want to stay with the similar color scheme - black background with blue sponsor boards and white lettering. At the same time, we also want to have a scoreboard that is modern and appropriate for a field that is home to 5 or more teams primarily high-school and older yet will still be functional for the HAC. We also want to bring it into the 21st century with digital graphics. In doing so, we propose this design. MODEL - VSBX320 HAMEL BASEBALL BALL STRIKE OUT IfARSE! 12 3 4 5 b 7 8 9 TOTAL n n n n u� u u i u u u HAMEnaltelli% CLUB • SPONSOR AREA 29.5" X 20' As you can see, we are partnering with the Hamel Lions to secure funding for this new score board and will have a final vote in January or February pending the council approval. Dimensions: Old score board: 12' wide---8' tall New score board: 20' wide —8' tall including the sponsor boards. We are sensitive to advertising for private businesses on a scoreboard -we do not want it to be a giant bill -board but as the Lions are a civic -non profit organization, we ask that the Lions name be on the bottom of the score board permanently. Are there any questions:? AMENDED AND RESTATED GROUNDS SERVICES AGREEMENT This Amended and Restated Grounds Services Agreement ("Agreement") is made this day of , 2016, by and between the Hamel Athletic Club, P.O. Box 62, Hamel, MN 553401 a Minnesota non-profit corporation (the "Contractor") and the city of Medina, a Minnesota municipal corporation (the "City"). Recitals 1. The City has been authorized to enter into a contract for grounds services; and 2. The City has approved the contract for grounds services with the Contractor; and 3. The parties wish to redefine the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform "grounds services" for the City on all fields except Medina Morningside Park fields in Area F on the attached Exhibit A. "Grounds services" will consist of: ➢ Picking up paper, trash, and debris following ball field use. This shall include keeping all dugouts clean and sweeping daily. Individual parties renting the fields will be responsible for cleaning up their own trash and debris, however, the Contractor will be responsible should the renters fail to perform their duties. ➢ Weekly emptying 55 gallon garbage containers and all recycle containers throughout Hamel Legion Park into the garbage enclosure. ➢ Grooming and dragging all reserved ball fields prior to any organization's renter's scheduled practices, games, and tournaments. ➢ Chalking all reserved ball fields prior to any organization's renter's scheduled games and tournaments. ➢ Preparing fields after rain to get them in playing condition to include getting rid of standing water and use of diamond dry when needed. ➢ Mowing and bagging the interior grass two to three times per week on Paul Fortin Memorial Field, Lighted Little League Field, and Quad # 3 Field. Field conditions and the level of use on the fields that week will determine if a third mowing is necessary. ➢ Maintaining the lips of all fields and re -edging each field every year on or before [date] or earlier as needed, as determined by the City.one to two years as needed_. • Keeping all dugouts clean and sweeping daily. Individual parties renting the fields will be responsible for cleaning up their own trash and debris ➢ Maintaining pitcher's mound and home plate daily for all fields. ➢ Working with the City on rolling the fields once during the contract term, at a time and date designated by the City. 1 By providing the grounds services, the Contractor shall have the first option for dates reserved prior to March 318 for games and practices taking place between April 1 and July 31, 2016 to schedule and conduct youth baseball and softball practices and games on the Hamel Legion Park, Hunter Lions Park, and Medina Morningside Park ball fields as defined in Exhibit A (the "Subject Property"). Contractor will also erect temporary back stops for younger youth leagues in the open field areas of Hamel Legion Park as defined in Exhibit A. Contractor will remove backstops by July 31, 2016. Contractor shall be allowed to conduct youth softball/baseball tournaments and unlimited development clinics on the Hamel Legion Park and Hunter Lions ball fields during the duration of this Aagreement. Contractor will conduct its team formation tryouts on a Saturday in April. The Contractor will also use this day to do field preparation. All Contractor schedules of activities shall be coordinated and approved by the City's Staff Liaison. Contractor will conduct its team formation tryouts on a Saturday in April. The Contractor will also use this day to do field preparation. When possible, the Contractor will receive notification 30 days in advance of any events scheduled for the fields, so conflicts can be avoided. The Contractor will provide the City Staff Liaison with an email contact list, to help facilitate this communication. 2.0. TERM. The term of this contract will be from April 1, 2016 to October 31, 2016. 2.01 RIGHT OF FIRST OFFER. Prior to marketing the Subject Property, including Area D (the Paul Fortin Memorial Field), to others at the end of the Term of this Agreement, the City shall give notice to the Contractor that the Subject Property will be made available to others and the terms (including the same number of fields, days and hours identified in Section 3.02 and Section 3.03 of this Agreement) to be contained in any such offer. The Contractor will have the right to accept the terms of any such offer referred to in the preceding sentence by giving the City notice of its election within 30 days of receipt of the terms of the City's proposed offer. 3.0 COMPENSATION. 3.01 The Contractor shall provide the City with a $1,000.00 deposit by April 1, 2016 as a deposit for use of the City ball fields and facilities. The City shall retain a portion or all of the deposit for actual costs incurred to repair damages to facilities as a result of the Contractor's use or for costs incurred by the City to perform services which Contractor failed to perform under this Agreement. The City shall return any remaining balance of the deposit to the Contractor within 30 days following termination of the Aagreement. If additional expenses are incurred by the City in repairs and in the performance of services otherwise obligated to be performed by the Contractor under this Agreement in an amount in excess of the deposit, the City will submit a bill for the difference between the actual cost and the deposit to the Contractor and the Contractor agrees to pay such balance within 30 days of receipt. 2 3.02 The Contractor shall pay the City in the amount of $2,500.00 for use of the Hamel Legion Park recreational fields Area A, Area B, and Area C per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m. in Area A and Area B from April 14 through July 314 and Area C from April 15th through July 31,4 of 2016cach year. The Contractor will also receive priority on the batting cages from Monday through Thursday, 5:00 p.m. to 8:00 p.m. from April 15th to July 15th. The Contractor may also use the Hamel Legion Park recreational fields on weekends for training events at no additional cost with the condition that priority would be given to a scheduled group that has paid for a weekend field reservation. Payment shall be submitted by Contractor to the City by June 1,4-ef 2016each year. 3.03 The Contractor shall notify the City by March 314 if the Contractor intends to use the Hamel Legion Park recreational field Area D per the attached Exhibit A. If the Contractor intends to use Area D, the Contractor shall pay the City in the amount of $450 for use of Area D from Monday through Friday, 4:00 p.m. to 10:00 p.m. from April 14 through July 31st with the understanding that the Contractor will work with the Hamel Hawks to allow for up to four evening weekday home games per season. 3.04 The Contractor shall pay the City in the amount of $250.00 for use of the Hunter Lions Park ball field Area E per the attached Exhibit A from Monday through Fridays, 4:00 p.m. to dusk, from April 14 through July 31,4-ef- 2016cach year. Payment shall be submitted to the City by June 1,4 of 2016cach year. 3.05 The Contractor shall pay the City in the amount of $250.00 for use of the Medina Morningside Park ball fields Area F per the attached Exhibit A from Monday through Thursdays, 5:00 p.m. to 8:00 p.m., from April 15th through July 11,th- 2016eaeli yeaf if this field is needed. Payment shall be submitted to the City by June 1,4 of 2016eaeli 3.06 The Contractor shall pay the City $60.00 per field each day for use of the Hamel Legion Park and/or Hunter Lions Park ball fields for youth softball/baseball tournaments. Payments shall be submitted to the City within 15 business days of the tournament completion. 3.07 The Contractor shall pay the City a $4.00 per participant surcharge fee by June 1, 2016 for use of the bathrooms, building utilities, and the operations of concessions to help pay for utilities and building maintenance by June lit of 2016. The Contractor shall provide the City a roster of participants in their program by May 1, 2016. 3.08 If the Contractor fails to pay the City for any of the fees, bills, deposits, expenses, repairs or damages listed in this Aagreement by its due date, a 10% latepenalty fee will be applied per month of non-payment 3 3.09 The Contractor shall have access to store equipment and tools in the field house garage located in Hamel Legion Park and the storage shed located in Hunter Lions Park. i) The Contractor shall submit all construction plans to the City and receive approval from the Public Works Director prior to building a sccurcmaking any changes to the storage area, shelves, or other items in the field house or field house garage at Hamel Legion Park. 3.10 The Contractor shall have access to the Hamel Community Building Assembly Hall for the purpose of youth ball team organizing meetings. The Contractor shall be limited to conducting five organizing meetings for the duration of this _Aagreement. The Contractor shall schedule these meetings in advance through the City's rental agent to avoid scheduling conflicts. 3.11 The City will grant the Contractor a temporary sign permit on the premises at Hamel Legion and Hunter Lions Parks at no cost to the Contractor for event and registration signage in compliance with City sign regulations. 3.12 The City shall supply Ag Lime for the inner fields and for the outer tracks around the fields in an amount to be mutually agreed upon by both parties. 3.13 The City shall provide reasonable repair to ball fields upon receiving sufficient notice from Contractor of repair requests and upon sufficient City equipment, materials and labor being available. These repairs are not the grounds services provided by the Contractor, but damages to the ball fields which the Public Works Director defines as arising outside of the responsibilities of the Contractor as defined in this Aagreement. 3.14 The City shall provide cleaning services of the Field House bathroom facilities once a week between the dates of April 25 and July 31. 3.15 The City shall provide a garbage enclosure and garbage and recycling containers at the ball fields and shall coordinate collection at the garbage enclosure once a week between the dates of April 25 and July 31. 3.16 The City shall provide grass mowing of the ball fields excluding the infields twice a week from April 25 to July 31 and once a week from August 1-22, or as needed in the area listed as Exhibit A, and weed control of the ball fields as needed. To help league play, Contractor requests that the mowing be performed on Mondays and Thursdays, so that grass length does not hamper play. 3.17 The City will pay the Contractor for reserved field use by organizations renters not affiliated with the Contractor $25 per scheduled practice and $50 per scheduled game to conduct "ground services" as defined in 1.0 Scope of Services of this _Aagreement. If the Contractor fails to conduct the "ground services" for a scheduled use by a renter not affiliated with the Contractor, the Contractor shall pay a-penalt-f-te-the City-ef $50 per 4 scheduled practice and $100 per scheduled game for non-performance, which the parties agree is a reasonable estimate of the City's damages for the Contractor's non-performance - 4.0 SIGN ADVERTISEMENT PROGRAM. The Contractor shall be allowed to sell sign advertisements to area businesses to be placed on the ball field fences in Hamel Legion Park per the following conditions: 4.01 All proceeds from the program must be used for capital improvements within Hamel Legion Park such as ball field lights, irrigation system, dugouts, scoreboards, pitching mounds, etc. 4.014.02 The Contractor must maintain records of revenues and expenses from sign program and provide records to the City. 4.024.03 Sign dimensions and materials must be uniform and be approved by the City Staff Liaison. 4.034.04 Signs may be placed on the outfield fences facing home plate or on the ball field fences facing the walkway toward the field house as long as the signs do not restrict anyone's view of the fields. No signs may be placed facing Brockton Lane. 4.044.05 Signs will be purchased, installed and maintained by the Contractor. It will be the sole responsibility of the contractor to repair and replace damaged signs and any damage such signs may cause to the fence on the fields of the park.: 4.05 Signs will only be allowed to be displayed in the park during the regular season from April 1st to July 30. It is the responsibility of the Contractor to remove signs by July 31,.4 of each season. 2016. 5.0 SALE OF FOOD AND BEVERAGES. The sale of food and beverages during Contractor use of premises is prohibited unless separate agreement or license is granted by the City. 6.0 INDEPENDENT CONTRACTOR. 6.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 6.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 6.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 5 7.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its respective employees,-er—agents and subcontractors under this Agreement. The Contractor shall name the City as an additional insured under its general liability policy which shall remain in force during the term of this Agreement, and shall maintain limits of liability under such policy of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate, issued by an insurance company rated no less than A- by AM Best Company. in limits acceptable to the City. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 8.0 WORKER'S COMPENSATION. 8.01 The Contractor will comply, and will ensure that each of its subcontractors comply, with the provisions of the Minnesota worker's compensation statute as an independent contractor before commencing work under this Agreement. 8.02 The Contractor and any subcontractors will provide theirits own worker's compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 9.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney's fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor's performance or failure to perform under this Agreement. 10.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the "Act") and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 11.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 12.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or entitycompany to provide services under this Agreement without first obtaining the express written consent of the City. The Contractor shall provide the City with copies of all contracts for assigned or subcontracted services. Contractor will use part time labor and its 13.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 6 14.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 15.0 TERMINATION. Either partyThe City may terminate this Agreement at any time, for any reason. The Contractor must give no less than a 30 day written notice to the City to terminate this Agreement. The Contractor shall pay the City all sums due and the Contractor shall remain obligated to meet all applicable provisions of this Agreement including 3.08 and an early termination fee of $500.00 to help defray some of the City's costs by assuming the Contractor's responsibilities. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By Bob Mitchell, Mayor By Scott T. Johnson, Administrator -Clerk HAMEL ATHLETIC CLUB (CONTRACTOR) By Eddie Leuthner, President 7 Exhibit A Hamel Legion Park Recreational Fields Hunter Lions Park Ball Field Medina Morningside Park Ball Fields