HomeMy WebLinkAbout2010-05-05 P & R Agenda Packet CITY OF CENTERVILLE
PARKS AND RECREATION AGENDA
Wednesday, May 5, 2010 - 6:30 P.M.
I. CALL TO ORDER
1. Roll Cali
II. SET AGENDA
III. APPEARANCES
IV. CONSIDERATION OF MINUTES
1. Apri17, 2010 Parks & Recreation Committee Meeting Minutes
V. COMMITTEE BUSINESS
VI. UPDATES I
1. Flea Market / Good Turn Event
2. 2010 � 8K Run
3. Music in the Park
4. Fete des Lacs Parade
5. Pergola Update
6. Earth Day Cleanup Review
7. Satellites in the Parks Upda.te
8. Concession Stand / Raising Funds for Parks & Recreation
9. Sand Volley Ball Court � Update from Mr. Paul Palzer
VII. FINANCIALS
VIIT. ADJOURNMENT
F.Y.I.
Licensing for Playing Recorded Music at Public Facilities
Boy Scout Rocket Launch at Laurie LaMotte Memorial Park June 5, 2010
Resurface Tennis Court at Eagle Park
Parks & Recreation Committee
Meeting Minutes 04-07-10
PARK5 AND RECREATION COMMITTEE
MEETING MINUTES
Wednesday, Apri17, ZO10 - 6:30 p.m.
Pursuant to due call and notice thereof, the Parks & Recreation Committee of the City of Centerville held the
regularly scheduled meeting Wednesday, Apri17, 2009 at City Hall, 1880 Main Street.
Present: Chairperson Patrick Branch
Vice Chairperson Jon Grahek
Committee Member Kevin Selander
Committee Member Suza.nne Seeley
Committee Member Brian Peterson n n�� �
Committee Member Mark Haiden U a aa 0 0
Committee Member Kevin Amundsen
Absent: None
Council: City Council Liaison Mayor Capra
Staff: Staff Liaison Kim Stephan I
Also in attendance were Ms. Kathi LaValle, Mr. Dean LaValle and Mr. Tom Lee.
I. CALL TO ORDER
Roll Call
Chairperson Branch called the April 7, 2010 Parks & Recreation Committee Meeting to order at 6:32
p.m.
II. SET AGENDA
Mr. Mark Statz, City Engineer requested via email adding a discussion of trees in Cornerstone Park.
Committee Member Peterson requested adding an update of Movies in the Park and a discussion of
play structure equipment at Eagle Park under Committee Business.
Motion was made by Committee Member Seeley, seconded by Committee Member Selander, to
set the agenda with above additions. All in favor. Motion carried unanimously.
III. APPEARANCES
Ms. Kathi LaValle, Music in the Parks Pro�ram
Ms. Kathi LaValle and Mr. Dean LaValle were in attendance to discuss Music in the Parks and what
they have available as far as bands and dates. Ms. Kathi LaVa11e plays with the Centennial
Community Band which is a 35 member concert band in Circle Pines who would like to perform a
concert in Centerville. They usually play parks for about $300 to be donated to the fund that goes for
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buying additional percussion instruments, or music. They would probably have to set up in the parking
lot of Laurie LaMotte Memorial Park. The Big Band which played last year is unavailable as they
start booking up in January. The committee would like to look into scheduling them far 2011 if
possible. The LaValles are very much advocates for music in the parks as they are Centerville
� residents and were instrumental in helping to get the program started in 20Q9.
Per Ms. LaValle the only available date for the BBB Jazz Combo would be Tuesday, July 20, 2010
and the 7 Cats Swing are available Tuesday, August 10, 2010. Ms. LaValle also sta.ted that Fred
Bailey of the Banjo Bandits would like to play again this year too. Ms. Stephan will conta.ct him to
see if the Banjo Bandits are available Tuesday, August 3, 2010. Mr. LaValle will check on the
availability of the Centennial Community Band. This is the tentative schedule:
July 13 � Brethren
July 20 � BBB Jazz Combo
July 27 � Teen Bands
August 3 � Banjo Bandits
August 10 � 7 Cat Swing
August 17 � Centennial Community Band
Chairperson Branch is working on a flier which will incorporate a11 park programs for the year,
including Music in the Parks.
Mr. Tom Lee, 8K Run and Music in the Parks Program '
Mr. Tom Lee will check to see if the above dates work for Brethren and the Teen Bands and get back
to Ms. Stephan. The fee for each band will be determined when the schedule is set.
In 2009 the committee had a budget of $1,000 for the Music in the Parks Program and did 4
consecutive Tuesday evening performances. For 2010 the budget is $1,500 which would mean offer
more performances or pay the performers more.
Motion was made by Chairperson Branch, seconded by Committee Member Seeley to
recommend the Music in the Parks Program for 2010 be 6 consecutive weeks on Tuesday nights
running from July 13 through August 17, 2010. One event will be an ice cream social with the
date to be determined later. All in favor. Motion carried unanimously.
It was suggested that perha.ps the committee could find a sponsor to donate the ice cream. Mayor
Capra. said she would investigate this idea.
The committee liked the idea of having all the bands at Hidden Spring Park as that was a nicer setting,
but Mr. Tom Lee said there is not enough power at that park for most of the bands. It would not take
much to add power to the Hidden Spring Park pavilion; Mr. Tom Lee will discuss it with Mr. Paul
Palzer to determine if this is an option.
Mr. Tom Lee would like the committee to consider buying a PA system, that way more bands would
be willing to play for free or a modest fee if they did not need to bring and set up their own PA system.
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Mr. Tom Lee offered his services to help organize the $K and said his PA system was available if
needed. Chairperson Branch said he thought a bullhorn would probably work better.
IV. CONSIDERATION OF MINUTES
March 3, 2010 Parks & Recreation Committee Meeting Minutes
Committee Member Haiden requested a typo be corrected on page 6 of 8 changing `Tracie McBride
Memorial McBride' to `Tracie McBride Memorial Park'.
Motion was made by Committee Member Seeley, seconded by Committee Member Peterson, to
approve the March 3, 2010 Parks & Recreation Committee Meeting Minutes as is. Ayes — 4,
Nays — 0, Abstain — 3(Branch, Haiden, Amundsen) Motion carried.
V. COMMITTEE BUSINESS
Review Per�ola Plans per Mr. Mark Statz, Citv Engineer
Mr. Statz, City Engineer requested the committee review a sketch of the proposed pergola with
sandblasted concrete posts to match the treatment of the sidewalks and fountain curb. The only thing
he re4uested the committee look at was whether or not they would approve the concrete posts (four
corner posts). Other choices would be steel (more expensive, more maintenance) or timber
(susceptible to vandals). He sta.ted the concrete design would be Bonestroo's recommendation, but we
are open to whatever the committee may suggest.
The committee discussed the options of wood timbers versus concrete posts and felt without seeing
what the posts would look like it was hard to determine and would like the bids to be solicited with
both timber and concrete posts. They would also like to request Mr. Statz supply a picture of what
each would look like as well as the dimensions of the pergola. The committee was not opposed to the
durability of the concrete posts, but felt it would look more appealing with timbers. The committee I
removed the pergola from the original plan for multiple reasons; it was too expensive and were
concerned what the impression of the community would be to spending these funds at this time and 2)
they felt it was too big for this particular park. The committee was under the impression that if the
pergola was submitted as an alternate and it was determined to be not within the budget that the
footings would be installed without the pergola for consideration at a later date. If the pergola is not
built the committee would prefer the footings not be put into place, they would like the footings a.nd
pergola to be in the bid together. Mayor Capra suggested that if the pergola is within the budget and
included in the plan that it could be moved to another location as long as it is trailside. Ms. Stephan
will ask this question of Mr. Sta.tz. Mayor Capra clarified the bid process with alternates in that if
there are multiple alternates included and they come in within budget the City can accept all the
alternates or single options if there are more than one. So for instance the pergola could be added and
not the kiosk or vise-versa. The landscape designers for Bonestroo felt the pergola would give a nice
balance to the fountain instead of the fountain looking so big and standing alone in the pazk.
Motion was made by Committee Member Haiden, seconded by Committee Member Seeley to
recommend City Council suggest Mr. Statz, City Engineer submit the plans for the bid process
to include both options of wood timber and concrete posts for the peegola in Corner Stone Park
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including the footings with the pergola having no requirement for footings if the pergola is not
built. All in favor. Motion carried unanimously.
Music in the Park
This item was discussed under Appearances.
Earth Dav Activities
Most of the committee was unavailable on Saturday, April 24, 2010 when traditionally Earth Day is
observed by the committee & volunteers picking up the trash from the parks. The committee opted to
instead do this project on the actual Earth Day, Thursday, April 22, 2010 and will meet at City Hall at
6:30. Ms. Stepha.n will insure gloves and garbage bags are provided and ask for volunteers on the web
site and City sign.
Satellites in the Parks
With budget cuts and attempts to eliminate items that are not essential, Mr. Paul Palzer, the Public
Works Director, requested the committee look at whether something different could be done with the
satellites currently in 4 of the parks (Eagle Park, Tracie McBride Memorial Park, Laurie LaMotte
Memorial Park and Acorn Creek Park) for 7 months of the year. Each satellite costs $230 per month.
This would be $1,610 per park, $6440 for the 7 month period. Mr. Palzer and myself discussed the
number of complaint ca11s received last year regarding satellites and they were all for Laurie LaMotte
Memorial Park. We need to either have an additional satellite at this park, or have it cleaned twice per
week opposed to once. An additional cleaning per week is $25. What we aze proposing is to
eliminate two of the satellites (Ea.gle, Acom) as these are sma11 neighborhood parks, and add an
additional cleaning for the satellite at Laurie LaMotte Memorial Park. The additional cleaning would
be approximately $700, saving $2,500. One additional concern is Eagle Park has tennis courts, we
may not be able to eliminate this satellite.
Also discussed was the possibility of ha�ing the restrooms at the warming house opened during Little �
League hours, either by the coaches or the possibility of the concession stand being open. i
After discussion the committee made the following motion. I
Motion was made by Committee Member Seeley, seconded by Committee Member Selander to
suggest to staff the removal of satellites for 2010 in both Eagle and Acorn Creek Parks and
adding an additional cleaning per week of the satellite at Laurie LaMotte Memorial Park
scheduling those cleanings for Friday and Tuesday each week. All in favor. Motion carried
unanimously.
Concession Stand / Raisin� Funds for Parks & Recreation
Mr. Palzer suggested ihe committee look at opening the concession stand as a means of raising funds
for Parks & Recreation. It has been done in the past having the warming house concession stand open
for the months and hours of Little League when there are a lot of people in the pazk. Hot dogs, pop,
water, candy, pop com could be sold to profit the committee projects.
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The committee discussed this idea and found it worth researching, but had concerns regarding the
condition of the warming house kitchen area where concessions would be sold from. Committee
Member Amundsen said in preparing popcorn for the Skate Nights the area is in very bad need of
maintenance and repair. He felt the Health Department would not approve the conditions. The
committee would like to request Public Works do an inspection. It needs clea.ning, painting and
something done with the ceiling at the very least. Committee Member Selander said Lexington sells
concessions from a very decrepit building at all Little League events and it is always busy. The
committee ta.bled this item requesting input from Public Works. Chairperson Branch will conta.ct the
Health Department for information. Ms. Stephan will forward the request to Public Works.
Park Plannin� Branch)
Chairperson Branch said this is a discussion that needs to be had by the committee, but because of the
amount of projects and items on the agenda during the spring/summer he feels it would best be a
discussion for falUwinter. He would like to build a simple ta.ble with a person who is responsible for
each park and projects associated with it. The committee will schedule a special meeting for a couple I
of hours in the fall to discuss this item and the following agenda item, Discussion of History of Parks
(Future Developments, Plans, Additions, Park Overview.
Discussion of Historv of Parks (Future Develoaments, Plans, Additions, Park Overview) I
See above. I �
Trailside Park (Was the Intention to Name the Park � Sunset Park1
This item was put on the agenda as Chairperson Branch thought the name for Trailside Pazk was
actually supposed to be Sunset Park. The committee members stated they had voted for Trailside
Park.
Fete des Lacs Parade / Activities Cancelled bv Centerville Lions
Chairperson Branch requested the committee consider the events which will not be hosted by the
Lion's Club this yeaz:
Business Expo/Craft Show, Fireworks, Free Battle of the Teen Bands, Medallion Hunt, Free Kids
Rides on Saturday, Friday Night Street Dance, Free Lorenz Dance Show, Free USA Karate Demo
Show, Lion's Car Show, Free Big Band Music on Sunda.y.
No action was taken at this time.
Safetv Issue � Plav Structure Equipment at Ea�le Park
Committee Member Peterson requested this be put on the agenda as a neighbor had expressed concern
regazding a safety issue with some of the play structure equipment at Eagle Park. One of the
resident's expressed concerns was that the bottom of the slides are too high off the ground for small
children, one having a 14 —18" drop. Also there is not a railing on the triangular platform where it is
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2'/2' from the ground. Ms. Stephan will forward this to Public Works.
Corner Stone Park Alternative Selection for Trees
Mr. Mark Statz, City Engineer requested via email adding a discussion of trees in Cornerstone Park
and supplied the committee with descriptions and pictures of both the River Birch and the Swamp
White Oak, as well as a diagram of tl�e intended placement of the trees. At the March meeting there
was some discussion about the River Birch that had been selected for the main park area. Mr. Statz
provided a suggested alternative from Bonestroo's Landscape Architects with the Swamp White Oak.
The committee discussed both trees and felt the Swamp White Oak the better alternative. The oak
reaches 60' and will provide a high canopy where the birch is 35' and could block the view of the
church. The birch also isn't a long-living variety of tree.
Motion was made by Chairperson Branch, seconded by Committee Member Amundsen to
recommend replacing the proposed River Birch in Cornerstone Park with Swamp White Oak.
All in favor. Motion carried unanimously.
VI. UPDATES
2010 � 8K Run
i
Mayor Capra talked briefly about the parade being held July 31, 2010 and making it a week of Fete
des Lacs, starting with the Parade and ending with the 8K Run.
Chairperson Branch updated the committee on sponsors; Fairview dropped out this year, they were a I
big sponsor who paid for all the shirts in 2009. OSI Physical Therapy came in late last year and there
was some miscommunication in 2009, but they would like to be a sponsor in 2010. Chairperson
Branch will ask Festival Foods again to donate water. Creative Kids has been a great sponsor and will
still be involved with the bags. Gold's Gym is also a new sponsor, at this point just with prizes, but
Chairperson Branch will see if they can become more involved. Without Fairview paying for the
shirts and having additional expenses this year like satellites and walkie-talkies, at this point the run is
potentially $1900 under funded. The walkie-talkies in 2009 were shared with the parade volunteers
and Mr. Tom Lee said he had 20 at $18 each for $360. Chairperson Branch thought the run would
need half that amount. Mayor Capra stated Public Works has radios and there could be potential for
the run volunteers to use those. Ms. Stephan will pass the request to Public Warks to determine
availability.
Flea Market / Cleanuu Davs
Committee Member Seeley provided the committee with minutes from the last meeting of the
volunteer organizers of Flea Market / Good Turn Event. The Parks & Recreation sponsored
Centerville Flea Market 2010 will be on Saturday, May 8th from 9:00 a.m. to 3:00 p.m. at the Laurie
LaMotte Memorial Park hockey rink. There will be a$5 reservation fee for a 10' x 10' space for
residents to sell items. This minimal fee will offset costs associated with the event; the intention is not
to make money. Residents can bring their own table or rent one for $8 from All Around Rental.
Tables will be available the morning of the event at the hockey rink.
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Information and registration will go out with the April 15�' utility bill and can be returned to City Hall.
The flier will encourage a new opportunity to reduce, re-use, recycle.
Committee Member Seeley asked committee member to sign up for a one hour time slot to person the
Parks & Recreation booth. The booth will have information such as trail maps and programs available.
The Good Turn 2010 event will be held April 24 — May 7, 2010 at participating businesses or a drop
off site will be available at St. Genevieve's Religious Education Center on Saturday, May 8�` from 9
a.m. to 1:00 p.m. Mayor Capra said there will not be a Health Fair offered as there was just not
enough participation at the last event. Items to be collected will be for the Centennial Food Shelf, '
Alexandra House, Anoka County Humane Society, Cell Phones for Soldiers and the Centerville Lions
collect eye glasses, hearing aids and empTy ink cartridges. There will be a drawing for Cougar Cash.
Sand Vollev Ball Court
The committee is still interested in pursuing the idea of a sand volley bali court at Laurie LaMotte
Memorial Park. From the information rovided b Committee Member Haiden draina e needs to be
P Y g
planned into system regardless of where it is located. The committee considered Tracie McBride
Memorial Park, but this pazk also has a high water table and they feel a volley ball court would not get
as much use at this park. Laurie LaMotte Memorial Park is the sports park. The various open areas
of Laurie LaMotte Memorial Park were discussed and the committee would like to ask Mr. Paul
Palzer to evaluate whether the north east comer of the park would be suita.ble. The committee is
officially discarding the areas by the hockey rink and near playground. The committee would also
like to know whether the gravel path from Centerville Road can be grassed over once the trail is in.
Liebel Propertv on Main Street (Capra)
Mayor Capra continues to research different options for funding of this property.
Schwan's Super Rink — Skate Nights
Centerville Skate Night has been scheduled at Schwan's Super Rink for Saturday, September 25, 2010
from 4:30 to 6:30 p.m. Ms. Stephan talked to Ms. Jackie Olson, our contact for the event and she said
to let her know the beginning of September if the committee would like hospita.lity (cookies, hot
chocolate) and an estimate of how many people will be attending. She also dropped off additional
skate passes. It is advertised on the web site to stop by City Ha11 if you are interested in Free 5kate
Passes for any Open Skate.
Movies in the Park
Committee Member Peterson was able to find much better prices on projector rentals; $125 to $250
depending on which company, how bright and shipping costs. One company's rental was $175 for an
evening with a 30% discount if you pick it up and return it, opposed to it being shipped. Movie rental
is reasonable at about $75. Committee Member Peterson did not have concrete numbers on a sound
system yet. The committee discussed days of the week and times trying to determine what would be
the best to offer Movies in the Park. In the summer it doesn't get dark until late, it would be difficult
to offer a chiidren's movie that didn't start until it was dark. Committee Member Amundsen said that
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Hugo held another movie night at the elementary school with 300 people attending. The committee
discussed the possibility of doing a movie night at Centerville Elementary. It could be held earlier in
the evening not dependant on what time it gets dark and there wouldn't be a concern with bugs or the
possibility of rain. Committee Member Peterson will contact the school to see if this is a possibility.
VII. FINANCIALS
Adopt Changes to 2010 Amended Bud�et as it Pertains to the Parks & Recreation Committee
Mr. Mike Jeziorski provided the committee with the 2010 amended budget as it pertains to Parks &
Recreation and asked the committee to review and adopt the changes unless there were additions or
corrections to be made. Mr. Jeziorski reminded the committee he would be bringing the
comprehensive amended General Fund budget to council for approval in late April, but wanted to
make sure he had an accurate representation of the Parks & Recreation Committee items.
Motion was made by Chairperson Branch, seconded by Vice-Chairperson Grahek to adopt the
amended budget as presented by Mr. Mike Jeziorski, Finance Director. All in favor. Motion
passed unanimously.
VIII. ADJOURNMENT '
Motion was made by Committee Member Haiden, seconded by Committee Member Seeley to
adjoarn the April 7, 2010 Parks & Recreat�on Committee Meeting at 9:12 p.m. All in favor.
Motion passed unanimously.
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i
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TO: Parks & Recreation Committee
FROM: Kim Stephan
DATE: Apri130, 2010
SUBJECT: Music in the Park
As far as the flier goes we need to determine where the performances are going to be held, either at
Hidden Springs or Laurie LaMotte Memorial Park? One issue is there electricity, or enough electricity
at Hidden Spring Park to support bands performing there?
Correspondence from Mr. Tom Lee regarding electricity at Hidden Spring Park:
I talked to Paul Palzer this morning. He is looking into options for power. There is a junction box
near the street we may be able to sling good power from, which would be perfect. It would be readily
available when needed for "city" business but not accessible by the general public. Public Works also
has a generator that Paul said "runs pretty quiet. " So we should be able to work something out. �
For clarification, only bands that would run a P.A. system using more than 1 S amps would have a I
problem. A small P.A. will still worl� but that pretty much limits the size of an "electric" band at that '
venue to maybe a trio, unless the drummer has excellent control, probably not a rock band.
Mr. Palzer said the existing receptacle is only 10 amps, BIIT there are three blank 10 amp circuits in
the box. 30 Amps would be enough for pretty much arry band, so run two cords from the box, plus the �
existing outlet, makes 30 amps total, so it is possibde to put rock bands at Hidden Springs.
The tentative lineup is as follows. BBB Jazz, 7 Cat Swing, Centennial Community Band and
Banjo Boys Jazz Band have all confirmed. Mr. Tom Lee will confirm the bands for July 13 and
July 27 by Wednesday, May Sth.
$150 � July 13 � 2 Teen Bands ($75 each)
$250 � July 20 � BBB Jazz Combo
$250 � July 27 � Brethren
$200 � August 3 � Banjo Bandits
$250 � Augnst 10 � 7 Cat Swing
$250 � August 17 - Centennial Community Band / 35 piece
This would leave $150 in the budget for an ice cream social. T'he July 27th performance is the week
prior to Fete des Lacs weekend. Mr. Lee suggested contacting the Lions to see if they would like their
concession stand in the park for that performance.
TO: Parks & Recreation Committee
FROM: Kim Stephan
DATE: Apri130, 2010
SUBJECT: Committee's Pergola Recommendation to City Council
The following motion was made by the Parks & Recreation Committee at the Apri17, 2010 P& R Meeting:
Motion was made by Committee Member Haiden, seconded by Committee Member Seeley to recommend
City Council suggest Mr. Statz, City Engineer submit the plans for the bid process to include both options
of wood timber and concrete posts for the pergola in Corner Stone Park including the footings with the
pergola, having no requirement for footings if the pergola is not built. All in favor. Motion carried I
unanimously.
Mr. Statz's response via email (prior to City Council meeting 4/14/10) with respect to the Pergola:
I
1. I don't think we can bid it with an either/or for concrete or timber posts. They would have different
footing connections, etc. If we bid it as either/or, it would be up to the contractor, not us, which
would be used. If we bid them as alternates, we're then stacking alternates on top of altemates.
You'd have an alternate to put the pergola in or not and then an alternate within that alternate for the I
selection of the posts. At any rate, it should be easy enough to get you guys some photos of each and
we can decide at your next meeting. If we get it done in time, we could issue an addendum or wait
and do it as a change order. Long story short, it will be more work to bid them together than it will
be to change later. For now, the plans will show concrete.
2. I doubt we could put the pergola anywhere else along the trail and still use the grant money to pay
for it. Our application was pretty specific about the idea of a trailhead type park. It really didn't talk
about other amenities along the trail. Also, I'm not sure this pergola would fit in to the landscape by
itself. As you mention in your notes, its purpose is to provide a sense of "scale" to the park. I'm not
sure how to convince people that that is important. We've shown everyone the sort of 3-D drawings
with the pergola, etc. Aside from that, I'd just have to say: trust our Landscape Architect. Anyway,
we'II have the pergola in the bid as an alternate. The footings and everything else that goes with it,
will be included in that alternate. It's all or nothing.
The following excerpt is from the City Council Meeting Minutes of April 14, 2010:
Parks & Recreation Committee's Recommendation to Council to Authorize Bonestroo Engineering to
Commence Bid Process to Construct a Pergola in Corner Stone Pazk.
City Engineer Statz reviewed background information stating he would recommend the City Council authorize
bidding only the concrete posts, stating the City could decide to change after seeing samples if they wished. It
was the consensus of the Council for Staff to proceed with the bid process for concrete posts for the pergola in
Corner Stone Park.
TO: Parks & Recreation Committee
FROM: Kim Stephan
DATE: Apri130, 2010 I
SUBJECT: Sand Volleyball at Laurie LaMotte Memorial Park I
Please see the attached aerial view of Laurie LaMotte Memorial Park. Mr. Palzer proposed the
committee look at the north east corner of the park, not only for volleyball, but a potential soccer field
with a small gravel parking lot off of Centerville Road.
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TO: Parks & Recreation Committee
FROM: Kim Stephan
DATE: April 30, 2010
SUBJECT: Boy Scout Rocket Launch
Egcerpt from City Council Meeting Minutes of Apri114, 2010:
Mr. Tom Nelson, Cub Scouts, appeared before the City Council and stated that the Cub Scouts have
held their Rocket Launch for the past four years at Laurie LaMotte Memorial Park and they'd like to
continue to hold it there this year. Mayor Capra mentioned the City has always waived fees for non-
profit organizations.
Motion by Conncil Member Broussard Vickers, seconded by Councii Member Paar to
approve the use of Laurie LaMotte Memorial Park, June 5, 2010, for the Cub Scout Rocket
Launch. All in favor. Motion carried unanimously.
SUBJECT: Resurface Tennis Court in Eagle Park
Mr. Palzer received a quote 4/30/10 to fill in the pucks, cracks and resurface the tennis court in Eagle '
Park. The quote is for $4,530.00. He requested Mr. Mike Jeziorski, Finance Director please budget
$5,000.00 far 2010.
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TO: Parks & Recreation Committee
FROM: Kim Stephan
DATE: April 30, 2010
SUBJECT: Licensing for Playing Recorded Music at Public FaciliNes i,
Attached are some emails regarding the licensing for playing recorded music at public facilities. I am not
suggesting that we do anything at this point, but only be aware that we may have some liability of we are
sponsor of any events on city facilities that use other artisYs music.
rDalCa s Garson, Aclministrator, City of Centerville
From: Mielke, Steven [mailto:smielke@ci.lakeville.mn.us]
Subject: [mcma] ASCAP - Thanks for the feedback
Colleagues,
I recently sent a listserv request for feedback on the topic of ASCAP licensing and received a lot of !
responses. I thought it might be interesting to compile them and send them back out since it appears
that ASCAP is making a push for licensing throughout Minnesota. So here is the compilation. Sorry, it
is long because I got a lot of responses. I removed responder and City names since I did not ask
permission to use them. If you would like to contact me, feel free to cut and paste my address into a
new message. Do not hit reply, it will go to the LMC
Steven C Mielke, Lakeville City Administrator
smielke@ci.lakeville.mn.us
952-985-4401
Steve, I ran into something similar with ASCAP or BMC (that could be the wrong acronym) - anyway
they started out by asking for a crazy amount ($1000) and I kept saying no. The price amazingly
dropped to less than $100 and I still said no. I told them to go ahead a file a lawsuit. I never heard back
from them again. Good luck.
______ has receiltly� gone thrc�ttgh this. I resisted ASC �PS's effaxts for a couple of �-ears. but the
C'it�� !lttornev determined that ue needed to pai� t11���z.
Sounds like ASCAP wants you to police everyone who performs in your auditorium(s) to see if they
have appropriate copywriter permission(s). Do you have an attorney who specializes in intellectual
property. If, indeed, ASCAP is offering to perform that duty for the City and indemnify the City for
potential copywriter infringement, it might be worth considering. I guess I would ask the City Attorney
if the City has any legal responsibility to enforce copywriter laws. You may have not liability and,
therefore, would need no protection
The City of X does have a license with ASCAP, mainly for our Conference Center activities. It is my
understanding that when the issue was reviewed by our legal dept. several years ago it was determined
that copy write laws do require payment for use of copy written materials used. This is one legitimate
way to meet this legal obligation.
The City of Y has had an agreement with them for many years. We have an ice area and we play music
when the rink is open for public skating. We also have outdoor speakers in our downtown area and
play pre-recorded music (CD's) over them. It has been our understanding that we are required by law to
have this license in order to play the pre-recorded music. Since we have had this license with them for
so many years, our experience has only been renewing the license every year.
STEVE, et al. I
Our attny. advised us to pay. We also have a hall that we rent out.
I don't know if this is a mild form of extortion or legitimate, but for $260/yr., it's not worth the fight. I
believe that we may have paid for this in X also, perhaps because of the on-sale bar that we ran there at
that time. I
From my previous experience with entities like ASCAP I've concluded that they benefit performing
arts facilities with a broader venue than LAAC e.g. Ted Mann - U of M. Maybe that's changed! In any
event I recall that groups performing at LAAC sign an agreement in which they accept the copyright I
responsibility.
We've signed agreements with both ASCAP and BMI for playing music on our Main Street. We've
split the cost with the Chamber of Commerce. I think the combined billing for the two is in the area of
$500/year. They have a fixed municipal rate which makes participation pretty much hassle free.
Briefly, my experience in X has been that you will spend more resources (time/money) trying to
determine if it is appropriate than the cost of the license. We found that we did not have the copyright
protection that we probably should have. The question is: "who cares?" I would like to see the LMC
provide an opinion on this one. I think the ASCAP folks are going to keep hanging around cities until
you simply give-in and buy the Iicense.
We have signed onto this agreement
City of X pays the ASCAP fee due to the fact that we use music for ice shows, Community Center
plays etc... It is just easier to pay the govt. public facilides rate than risk the lawsuit. I do believe that
our attorney did modify the agreement in a small way.
While I can't say that I agree with the ASCAP fees....I can also say that I have never talked to a city
attorney that was able to advise me not to pay the fee....ASCAP seems to have a very broad autharity
to protect the rights of musicians and composers. As I understand it you need to pay the fee for music
on hold, concerts in the park, public skating sessions at an ice arena, etc...I would assume your
example also is covered under ASCAP,
City of X was also recently approached by this same group (ASCAP) and after further evaluation of
what their license agreement covered and the types of events at which Hastings provides music (both
live and via loud speakers) we decided against purchasing such a license from ASCAP.
In our situation we do not have a performing arts center but we do ailow "Concerts in the Pazk" on our
City Hall front lawn. We learned through ASCAP that the organization putting on the performance is
the party responsible to have the license to perform the music. Since X only provides the space and the
X Concert Association is the one actually hosting the event we were not responsible for it. Same went
for X days which hold a parade each summer, the city is not the sponsor.
The one area in which it came into questions was at our civic arena and our swimming pool. We do not
play music over the speakers so we were ok with not having the license. If at some point we decided to
start playing music then we would need to consider it.
The question also came up as to who is enforcing this? If we do not have the license and did
inadvertently violate the copyright laws who is going to "catch us" (for lack of a better term) and what I
is the penalty? After doing our home work and checking around, we felt we would pass at this time.
We went through this last year I think. I thought that it was a shakedown. But our attorney helped us
with a lot of research and I think that in the end we signed a license.
Hi Steve! I don't know if it's a similar situation to yours, but when I was in X, the EDA (staffed at city
hall) annually paid the ASCAP license fee for the Music Festival they sponsored every year.
No help but it sounds to me like they are trying to handcuff you. This music licensing biz is getting to
be extraordinarily combative.
Steve — I got threatening phone calls from ASCAP starting this past summer and I told them basically
to buzz off They fmally sent a letter with some better information that I referred to Kennedy & Graven.
K& G say it's for real and we should do it — makes me cranky, I think it's a scam. But I'm not an
attorney and don't play one on tv.
We have the licensing for the Community Center, the liquor stores, and for the Heritage Center. ICMA
sent something out a few years ago. Anyway, the research indicated we did indeed need the license.
Steven, the City Manager asked me to respond to your inquiry. ASCAP began contacting the City of
Fridley early last year. They are very persistent and will not be ignored. They research websites
looking for a few key words such as DJs, dance and music I believe our Parks and Recreation Director,
X, is now paying the license fee
We paid our $280 fee yesterday — in consultation with (our attorney) his opinion was that skipping the
payment was not worth the future hassles including the subsequent deluge of "reminder" letters that
you are in violation of a whole bunch of laws by not paying the fee.
Steve: We buy the license for our Parks & Rec programming functions and also for use of music on
our CATV channel. It feels like kind of a shakedown, but our City Attorney has told us it's necessary.
I've asked my staff for more detail. I'll forward their comments on to you.
Steven,
Your question regarding ASCAP licensing was forwarded to me - so here goes. We are currently
licensed under both ASCAP and SESAC, in fact I just got done submitting check requests for our 2006
license agreements in the amount of $1300.00. Basically, once one of the organizations gets your
name, the other begins calling. From what we could determine, both ASCAP and SESAC cover
different music songwriters, so it is necessary to when requested, pick up both licenses.
Prior to the City of X licensing with these organizations, we had our City Attorney make a
recommendation. Basically, he indicated that the annual cost for licensing is minimal compared to the
potential fines that could be iinposed.
If you have any additional questions, please feel free to contact me and I will try to help. I do not claim
to be an expert, only the one paying the bill each year.
Steven - Here are the guts of two memos, one for the City Attorney and one to City Manager on the
issue. The City opted to purchase the license. Please let me know if you need more information.
CA Memo:
You have asked for research on the issue whether the City should obtain a license from ASCAP to
allow us to play music or solicit performance of musicians on City property. I have performed an
inventory of our activities in this area and, after discussing the issue with an ASCAP representative, I
have determined that only one activity, that of the City hiring performers through the Senior Center or !
Fine Arts Commission, could be subject to the licensing requirement. The Fine Arts Commission
budget is in the neighborhood of $12,000 annually; I do not know how much the Senior Center has
budgeted for these activities, but I suspect it is less.
An ASCAP license would cost $537 per year; if we were also to get a BMI license, that would be an
additional similar amount (both licenses would cover virtually all performances). These amounts aze
evidently going to be subject to a CPI adjustment in coming years. I learned that a number of cities in
the metro area, including Minneapolis, St. Pau1, St. Louis Park, Medina, Maple Grove, Plyrnouth, and
Roseville, have procured the ASCAP license. As I understand it, ASCAP is negotiating with
Bloomington for a more comprehensive license as well. Both licenses have been drafted with the help
of IMLA.
I can make some more inquiries as to the particulars of the other cities' licenses and their activities, but
I suspect most are doing things similar to us. Historically, we have assumed that the performers have
secured the necessary waivers or licenses to perform. The ASCAP representa.tive stated that "court
cases" have held the cities are liable if the performer fails to obtain the appropriate waivers (she might
be correct); she did however admit that the performer is also liable. Therefore, it seems to me to
become more of a business risk issue whether we want to "insure" for the circumstance,
notwithstanding the artist's responsibility being established with some sort of contract clause, where
the performer fails to obtain the waivers (I could find no monetary penalties given, but I suspect a
violation might run into the thousands of dollars). If we did budget for the licenses, I suppose we could
reduce fees paid to performers to offset the cost, although I don't think this would be an attractive
option to the Fine Arts Commission.
I thought I'd share this information before I dig deeper into the issue. The cost is not that great. On the
� other hand, we can also just decline to license and leave it to the performer to be valid. There might be
some political/social considerations with that decision, however, as we might look like a city not
willing to pay copyright holders their "due."
If you want, I can work with about putting in contract language. It would read
something like: "Artist is responsible for procuring the necessary waivers or licenses from the
copyright holder to perform the material in this concert. Artist agrees to indemnify and defend the City
in any action that may arise as of the result of the failure to obtain any such license or waiver."
Let me know what direction you tliink would be appropriate and I can prepare something more formal
for CA andlor Council.
CM Memo:
INTRODUCTION
The American Society of Composers, Authors, and Publishers (ASCAP) has proposed we purchase an
annuallicense (2005 rate: $537) to allow us to play ASCAP music or solicit performance of musicians
on City property. I have discussed the issue with X, who believes it would be appropriate to purchase
the license.
DISCUSSION
I have performed an inventory of our activities in this area and, after discussing the issue with an
ASCAP representa.tive, I have deternuned that only one activity, that of the City hiring performers
through the Senior Center or Fine Arts Commission, could be subject to the licensing requirement. The
Fine Arts Commission budget is in the neighborhood of $12,000 annually; I do not know how much
the Senior Center has budgeted for these activities, but I suspect it is less. �
BMI has a similar license and fee to cover its members, but they have not yet approached us. If we
were to obtain a license from both entities, virtually all performances would be covered. The annual
license amounts would evidently be subject to a CPI adjustment. A number of cities in the metro area,
including Minneapolis, St. Paul, Apple Valley, St. Louis Park, Medina, Maple Grove, Plymouth, and
Roseville, ha.ve procured the ASCAP license. The license has been drafted with the help of the
International Municipal Lawyers Association.
Historically, we have assumed that the performers have secured the necessary waivers or licenses ta
perform. The ASCAP representative stated that court cases have held the cities are liable if the
performer fails to obtain the appropriate waivers, even if the performer is a�so liable. This seems to be
i r red in
a fairl small ex ense to avoid a lawsuit. If we rocure the license, we mi t want to cons de uc g
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fees to performers to help offset the cost.
Neither nor I knew how this activity would be budgeted. It may be it should be part of the
Arts Commission annual budget. It could also be a general budget item, considering the Arts
Commission may not be the only entity engaging performers in the City.
I have more information, including brochures and the license text, if you are interested in reviewing it
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