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Home My WebLink About1997-03-19 PRC Packet e r illw(lt~r "~ ~ ~ THE BIRTHPLACE OF MINNESOTA J STILLWATER PARKS AND RECREATION BOARD MEETING NOTICE March 19, 1997 The Stillwater Parks and Recreation Bo Department Headquarters, AGENDA: 1. 2. . 3. 4. 5. 6. 7. 8. 9. 10. . (Lily Lake Ice Arena). Arena. of Public Hearing on n of staff assistanc.e to CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e . . CITY OF STILLWATER MEMORANDUM TO: Stillwater Parks and Recreation Board FROM: Tim Thomsen, Parks Director DATE: March 7, 1997 SUBJECT: Lily Lake Ice Arena I had a talk with Mr. Anderson from the St. Croix Boat and Packet Co. on March 6, 1997, they are the people that lease the arena from the city. Mr. Anderson informed me that before the arena can be started up for the 1997-98 season we need to change our freon system from R -12 to R - 22 or higher. In 1998 R-12 freon can no longer be used, because ofthe damage it can do to our ozone. The cost for just the freon will run about $9,000.00. We will also have to change all the seals in our pumps and flush the system. Most of the seals and flushing we can do ourselves. There will be some other costs involved by an outside firm to pump down and dispose of the old freon. We are not sure on this cost at this time. Mr. Anderson informed me that his lease agreement with the city was that he paid the city x amount of money to lease the arena and that the money was to be used for arena upgrading. He said that the city should have about $23,000.00 put aside from the past two years lease to put back into the arena. This should be enough money to switch over the freon system and also to spray patch the roof over the arena. Mr. Anderson asked me to pass this information on to you. P.S. 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TO: FROM: ,RE: DATE: MEMORANDUM Mayor and City Council , City Coordinator Renewal of Lily Lake Ice Arena Operating Agreement July 29, 1994 Mayor Hooley and I met with Richard Anderson on Tuesday, July 26th to discuss the possible renewal of the agreement with Mr. Anderson (St. Croix Caterers Inc. ). Mr. Anderson indicated that he would be willing to consider a three year agreement based on the same conditions as the current agreement. The current agreement runs from October 1, 1993 to October 1, 1994 (see attached agreement) and provides for a base rent of $11,000 plus 4.5% of the increase in gross sales over the base period (92-93). Because the rental period continues to October 1, 1994, it is not possible to provide Council with a definite financial picture of the years operation. However, both Diane and I believe that a cost savings has been realized by the City via the agreement. Therefore, we would recommend approval of at least a one year agreement using the same conditions as before. Mr. Anderson has suggested that any "net profitfl or savings by the City be used to pay for capital improvements or major repair items that are necessary. An example would be the arena roof that has been leaking for 3 - 4 years and presents problems during the freeze/thaw periods in the winter. I would recommend that the Council include the roof repair in the 1995 Capital Outlay budget regardless of the source of funds, because it is a needed item. ,/-;/- .-f;J .0 prk cl -----/ r>> #k e . . LEASE This agreement, entered into this 1 t;( day of IJr~ . , 1993, by and between the city of stillwater, a municipal corporation of the state of Minnesota, hereinafter called "City", and st. >.croix Catering, Inc., a Minnesota Corporation of Stillwater, Minnesota, hereinafter called "Tenant", witnesseth: WHEREAS, City is the owner of the premises commonly known as the Lily Lake Ice Arena (the "Arena"), WHEREAS, Tenant is desirous of leasing the Arena to Tenant for the operation of a skating rink; NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions herein contained, the parties mutually agree: 1. Demised premises and property: the Lily Lake Ice Arena (as the area is described in Exhibit "A", and that personal property described in Exhibit "B"). 2. Term of aqreement. for a period of one year terminating on October 1, hereinafter provided. The term of this agreement shall be commencing on October 1, 1993, and 1994, unless sooner terminated as 3. Rental. Tenant shall pay as rental: (a) The basic yearly rental of $11,000.00 payable monthly. (b) Four and one half percent (4.5%) of the increase in gross sales over the base period which is the same period of the 92-93 season. The rentals shall be paid at the office of city Treasurer in the following manner: (a) The basic monthly renal shall be payable in advance on the first day of each and every month. (b) In the event that the total gross sales exceeds the base period, that percentage rental shall be paid within thirty (30) days after the end of the month in which it was exceeded. All checks shall be made payable to the city of stillwater and any overdue rent shall bear interest at the rate of 8 percent (8%) per month, and in addition any rent more than 15 days overdue shall result in a penalty of 10% of the amount due which shall be payable as additional rent. 1 Failure to pay the rent when due shall constitute a breach of the agreement and shall be grounds for termination of the agreement by city. e 4. Gross income statement. Tenant shall present a statement of the gross income of the Tenant for the month at the office of city Treasurer within 15 days after each month. Failure to comply shall constitute a breach of this agreement. 5. Inspections of records. Tenant shall keep accurate records of all sales and receipts in accordance with the book- keeping systems as city may approve; and city shall have the right to inspect the books, records and inventories of the Tenant at any reasonable time for the purpose of ascertaining the correct amounts due the city under the terms of this agreement. 6. Performance security. The Tenant shall deposit with the city, as security for the full and faithful performance of this agreement by Tenant and which may be used by city for the purpose of remedying any default in the performance of any of the terms of this agreement, a surety bond in the amount of $150,000.00, executed by a surety or sureties approved in writing by the city and the office of the city attorney, naming city as obligee and Tenant as principal. 7. Scope of lease. Tenant shall provide ice time to the general public without discrimination as to race, color or creed. Sales shall be limited to ice time, food items, and restricted to soft drinks served in paper cups, coffee, tea, shaved ice, candies, light lunches, sandwiches, popcorn, peanuts, ice cream products, and such similar items. . The price charged by Tenant for ice time, services, food and drinks shall be reasonable and shall not be in excess of prices prevailing elsewhere for the same kind and quality of service and shall be subj ect to the approval of the stillwater Recreation Commission. At no time shall Tenant sell or give away any alcoholic beverages, or allow any alcoholic beverages to be consumed on the premises. Tenant shall not allow any person to live or sleep on the premises, nor shall it permit disorderly persons to remain upon or loiter within the premises. Tenant shall not use or permit the premises to be used for any other purpose, or for any unlawful, immoral or indecent activity. Tenant shall confine its activities to the area rented by it under the terms of this agreement. 2 . e . . 8. Al teration, repair or improvements. Tenant shall not make any alterations, repairs, or improvements to the building or to the area immediately surrounding the building without obtaining the prior written consent of the city. Requests to make any alterations, repairs, or improvements shall be in writing. Any such permi~ted alterations, repairs, or improvements shall be made at the expense of Tenant and shall become the property of the city. 9. Maintenance of Property and Responsibility for Damaqe. Tenant shall be responsible for the reasonable and proper care of the Ice Arena building. It shall repair, or cause to be repaired, any damages to the property or equipment caused by itself, its employees, agents, guests or patrons. Tenant shall keep and maintain the building in a clean and sanitary condition and shall comply with the rules and regulations of the Washington County Board of Health. Tenant shall be responsible for the proper removal of all garbage and refuse from the premises in a timely manner at its own cost. 10. utilities. taxes and other charqes. Tenant shall contract for and pay for all utility services, taxes, or other charges incurred or assessed against the operation of the demised premises during the term of the lease. 11. Snow Removal. city shall be responsible for plowing the parking lot, and the Tenant shall be responsible for all other snow removal. 12. Compliance with laws. Tenant shall observe and comply with all laws, statutes, ordinances, rules and regulations of the united States Government, the State of Minnesota, the city of stillwater and the County of Washington, or any department or agency of the above. 13. Equipment. The equipment defined in Exhibit B is leased to the Tenant in an "as is" condition, without w?,-rranty or promise to the Tenant as to its fitness for any purpose. The equipment shall be maintained by the Tenant in accordance with standards established either by the city or be the manufacturer of the equipment and in good operating condition, and the equipment shall not be neglected or abused by the Tenant. The equipment shall be returned to the City at the termination of the lease in the same good condition that it now is, only ordinary wear and tear expected. The Tenant agrees to make available to the City the John Deere Model 90 Skid Loader for use by the city for the plowing of city sidewalks, provided that the City's use shall not interfere unreasonably with the needs of the Tenant in furtherance of its responsibility pursuant to this lease. The city shall be 3 responsible for all operating costs associated with the loader during city use and shall pay to the Tenant $25.00 per hour for each hour of city use. e Tenant shall furnish and install at its own expense any other equipment,. materials, furniture or supplies required by it for the proper operation of the Arena. Tenant's equipment shall be placed and installed only upon the written approval of the director of parks and recreation. l4. Hours of operation. Tenant may operate the Arena during any hours of the day without limitation, however the tenant shall remain open and shall honor all contracts for ice time made by the city with users and assigned to the tenant as part of this agreement. Tenant shall maintain the open skating schedule and the figure skating schedule that has been established by the city during the term of this agreement. l5. Destruction of premises. If during the term of this agreement the demised premises are destroyed or damaged by acts of God, war or other catastrophe, so that the same is unfit for occupancy or use, the rentals shall abate until such time that the premises shall have been duly repaired and restored by city, whereupon the lessee at its option may terminate this lease or continue thereunder pursuant to the terms and conditions of this agreement. A prorated portion of any rental prepaid, prior to the destruction or damage as is contemplated by this paragraph, shall be refunded for the period Tenant was not allowed the use of the premises. l6. Sublettinq and assignments. Tenant shall not sublet the whole or any part of the premises, nor assign, hypothecate, or mortgage the lease or any or all of its rights hereunder without the prior written consent of the city. . l7. Duty to city. Ten~nt shall use its best efforts to insure that the public using the premises is treated in a fair and courteous manner. Further, the Tenant shall use its best efforts to promote the sale of ice time and to meet and accommodate users and scheduling of contract ice time at all times during the term of this lease, even after it has determined not to renew this lease. Tenant shall honor the priority that the city has given to ISD #834 and the st. Croix Valley Hockey Association with regard to scheduling and price. l8. Indemnity. Tenant shall so conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless city and all of its officers, agents and employees from any and all claims for losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of Tenant, its agents, off icers, employees, guests, patrons, or any person or persons 4 . e . . admitted to the premises while the premises are used by or under the control of Tenant. 19. Insurance. Tenant shall purchase and maintain the following insur~nce during the term of the agreement: (a) Public liability insurance in an amount not less than $200,000 for injury to one person in one accident and $600,000 for injury to more than one person in one accident. (b) Property damage insurance in an amount not less than $1,000,000. (c) Fire insurance in an amount equal to the replacement value of the building and the improvements thereon, as approved in writing by the director of finance. All insurance required herein shall be secured from an insurance company or companies which shall have been approved by the director of finance and the office of the city attorney, and shall name city as an additional insured therein. All insurance premiums shall be the obligation of, and shall be paid by, Tenant. All insurance policies and evidence of the initial payments made thereunder shall be delivered to the director of finance at the signing of this agreement, and shall be held by city for the term of this agreement. During the term of this agreement, Tenant shall also deposit with city all evidence of additional premium payments made under the policies. Each insurance policy shall contain a clause whereby the insurance company shall agree to give written notice to the director of finance ten (10) days prior to any cancellation or alteration of the policy. In the alternative to this coverage, the Tenant may provide other alternative coverage such as a combined single limit policy as is approved by the office of the city Attorney. 20. Breach of contract. In the event of any breach of any of the terms or provisions of this agreement, city shall have, in addition to any other recourse, the right to terminate this agreement, to enter and obtain possession of the entire premises, to remove and exclude any and all persons from the premises, and to remove and exclude all property of Tenant therefrom, all without service of notice or resort to legal process and without any legal liability on its part. 21. Inspection bv city. city shall have the right to make inspections at any reasonable time to insure compliance with this agreement. 22. Surrender of premises upon termination. Upon the termination of this agreement, Tenant shall peaceably surrender and 5 deliver up possession to city of the demised premises, including all improvements or additions thereto, in good order and condition, reasonable wear and tear excepted. '. e 23. Termination. This agreement shall terminate for a breach of any condition, and, if not before, one year from the effective date. If either party desires to renew this lease for additional periods, it must send notice of its intention to do so to the other party at least 90 days prior to the termination date. Negotiation for a renewal period must be complete at least 30 days prior to the termination date unless both parties agree to a later date in writing. Neither party is under any obligation to renew. CITY OF ST.:,LL~:E~ C~/ ~. _ _ ( I I., , ":" _~' c.. "- > "'.0::' ,. G?::::";.-- _ :,.;..,-<"' -~. ~ :;.,;.. Charles M. Hooley, Mayor ,/ '\ ~LUu) dt'-L~~LU-"-<-<-~ ary L?U Johnso~ City Clerk :~~C. By Its . STATE OF MINNESOTA } } ss. COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this ~ day of October, 1993, by Charles M. Hooley, Mayor, and Mary Lou Johnson, City Clerk, on behalf of the City of stillwater. STATE OF MINNESOTA } } COUNTY OF WASHINGTON) NO RY PUBLIC .\ ...~.~.r.~. DAVID T. MA SON i 'r..;::V' I'lOTARY PUlllC-MINl'l~OTJ\ :~ WASHINGTON COUNTY My commission el<pirM 7-26-97 The foregoing instrument was aCknC)Ct~dg~'~~~ day of October, 1993, by ~~..J . ~ , f ~4 ' on behalf of st. Croix Catering, SSe 1-b{- ..aRd ~ Inc. -\ . . \ T MA USON \ " ,,~,"r...il DA 110 .' Il'lN~SOTJ\ , ,~..~.. I'lOTARY PUIlIC-M ,'4.""'i' WASHINGTON COUNTY , . n el<pires 7-26-97 Mycomm'ss'o. -~, ,:..,...,.."._~_J"ooI .i' ~ ~ - - . 6 . . . . .. The Lily Lake Ice Arena complex, as it is commonly known, including sidewalks and a non-exclusive right to use the parking areas, and excluding therefrom . the ballfields and bathing beaches that are connected to the complex. EXHIBIT "A" . . . . ~ March 10, 1997 Stillwater City Council Stillwater Planning and Parks Commissions 216 N. Fourth Street Stillwater, MN 55082 Dear City Council and Commission Members Thank you for the opportunity for Long Lake homeowners to express our opinions regarding water surface use at the February 17, 1997, pubic hearing. I am writing to reiterate my feelings and opinion on this issue. DNR Process for Determining Water Surface Use The DNR Commissioner has final approval.on lake use classification. Minnesota Rules parts 6110.3000-3800, Water Surface Use Management, require a process of data analysis and submission before approval. The data include transcripts of public hearings; data on lake characteristics; and safety and environmental impact information. Is this process being followed? Water Surface Use - Boating I am opposed to the use of powered boats (including jet skis) on Long Lake, due to safety and environmental reasons. I strongly feel that the use of only non motorized boats will provide the most people with a safe and environmentally attractive lake for recreational purposes. Long Lake is now the most natural, undisturbed lake in Stillwater. It is a tremendous resource for everyone. Allowing motored boats will prohibit access to the lake by people in non motorized water craft, swimmers, and fishermen. Long Lake has an amazing array of waterfowl and animal life. Increased powerboat usage will destroy nesting habitat through the construction of docks and boat. ramps, and the increased noise levels will drive animals away. The City of Woodbury realized long ago that in order to keep their lakes for all residents to enjoy, they had to protect and preserve at least 150 feet of shoreline and allow non-motorized boats only. This is the only alternative that provides the most people with an opportunity to enjoy all the tremendous assets of Long Lake. Although several residents have been enjoying their jet skis, power boats, and pontoon boats, it is a sober fact that many of us have been deprived of our use of the lake for canoeing or swimming, and the enjoyment of waterfowl and aquatic animals. Wildlife and waterfowl are also residents of the lake and waters edge. They are a valuable part of the whole Lake ecosystem and many of us have been taking measures to improve their nesting areas and food supplies. Allowing only non motorized boats will allow the greatest number of people and wildlife to share the lake. . .. .. . Water Surface Use - Snowmobiling I strongly feel snowmobiles should be banned from all city lakes, parks, and streets. Snowmobiles travel at tremendous speeds across Long Lake. They are incredibly loud, especially at midnight when many operators are heading home from the bars. There have been several near misses with cross-country skiers and residents walking their dogs. Snowmobiles trample down and destroy cattails and aquatic plants along the shoreline and on the two islands. They are definitely detrimental to the environment and a real safety and noise pollution concern, Enforcement Obviously, enacting hours of operation, speed limits, etc. require enforcement to work. Who is going to enforce a bevy of rules and regulations? Limiting the lake to only non motorized boats eliminates the need for rules on speeds, hours of operation, etc, and virtually eliminates enforcement headaches. People will not be able to speed, or create a damaging wake. The Washington County deputy, who will enforce the regulations on Long Lake, said that complicated rules and hours of operation result in continuing call backs and disputes between neighbors. . Noise Pollution - Imagine coming home to a quiet, peaceful "North Woods" lake after a day of job stress, only to find it invaded by jet skis, ski boats, or whining snowmobiles. This has been occurring during many weekdays and weekends over the last few years. A few people have robbed the majority of us of our peace and quiet. Allowing powered boats will only assure a far greater level of noise as the number of powerboats has the potential to increase from just a few to more than 50! Protection for All Residents and City Lakes 1 also feel it is very unfair that residents on Lily Lake can rest assured that their peace and quiet and wildlife will not be taken from them because motored boats are not allowed on Lily Lake. Long Lake is a much more dangerous lake for powered boats and it harbors much more wildlife and natural areas. It is only fair that Long Lake residents (and Lake McKusick residents) should be protected by the same boating regulations Lily Lake residents enjoy. Many of the people speaking out at the public hearing prefaced their comments with the assertion that they purchased houses around the lake because they were told by builders, realtors, and neighbors that powered boats were not allowed on Long Lake. Many of us feel our trust was betrayed and that our peace and quiet and the beautiful natural character of Long Lake is being taken from us and destroyed. People with vision are realizing that once something in the natural world is destroyed, it is sorely missed and often very expensive or impossible to replace. Last week the City Council discussed taking measures to improve water quality in Lily Lake. . Doesn't it make a lot more sense to make visionary, far-reaching, wise decisions regarding Long Lake now, rather than regretting the damage and disastrous results years later. . . . . , ~ Too many of us have seen too much destroyed in this country during our lifetimes. You have the opportunity to save what has become a precious little part of this town. Please make the wisest decisions you can. In closing, I feel that snowmobiling and motorized boat operation should not be allowed on Long, Lily and McKusick Lakes. Non-motorized boating should be encouraged to maximize public use of these valuable resources in a safe and environmentally sound way. Thank you for considering my comments. Sincerely, Laurie Maher 3018 Marine Circle Stillwater, Minnesota 55082 ,) " . . . ... Attention: Sue Thorn-Please provide complete copies to each Park and Rec. Commission Member. March 13, 1997 Parks and Recreation Commission City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Parks and Recreation Commission Members, It is our understanding that the Parks and Recreation Commission as well as the Planning Commission are in the process of assessing any potential issues related to surface use of Long Lake. The enclosed letter dated March 9, 1997 to the Planning Commission is being provided here to allow the Parks and Recreation Commission access to the same information related to the historical and current powered boating use on Long Lake as well future boating uses. It is emphasized here that the undersigned are not in support of change to the current and historical recreational status of Long Lake. The rationale and supporting information for that position should become clear with the enclosed letter and would negate need for further governmental controls beyond the current Minnesota boating rules. We would be pleased to respond to any questions or provide any clarification that the Commission members may wish related to this. We anticipate that Parks and Recreation Commission will take our concerns into serious consideration. We would also like to share the following quote which may be appropriate here. It was recently noticed in a current MN DNR publication: "Recreational use of waters provides enjoyment and contributes to the state's economy." Respectfully submitted, ~t.r!/~~r~ Don and Rosemary Mc:~e 126207200 Street North Stillwater, MN 55082-9322 enclosure , . . . . . . March 9, 1997 Stillwater Planning Commission City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Planning Commission Members, This letter is in response to a notice received related to a March 10, 1997 meeting in which Long Lake is on the agenda. If this is related to surface use of Long Lake we do have several concerns as well as suggestions. Our recently purchased property was advertised, priced and purchased _ local recreational lake property. We checked the lake status with the DlfR and Washington County prior to purchase to insure recreational status of the lake. Long Lake h_ been a recreational lake for many, many years. We are aware that certain homeowners were mistakenly advised verbally that Long lake was not a designated recreational lake. That is unfortunate if they purchased homes based on false information, but had the DlfR or the County been consulted, the actual situation would have been clear. To make a decision to remove the recreational status based on false information would be a grave error. Or to make a decision to remove the recreational status based on the request of a tiny few individuals who have produced no valid supporting data, when the property owners of the majority of the lake shore desire to maintain the recreational status, is also a grave mistake. Boating on this lake is, and always has been, extremely limited. That is due to there being no public access for boats and only limited property OWDer access. However, the real key to the limited use is the size and depth limitatioDs or the lake itself. Boating on this lake is self limiting, both in boat size and motor size. One only needs to try a large, prop driven boat once on Long Lake to learn the expensive way how self limiting the lake can be. Our history with the lake dates to 1973. Anyone who has used the lake since 1973 would be aware of the continued and even increased presence of wildlife around the lake as well as the favorable water quality(e.g. Compare to Lily lake.). I have looked for and found no evidence of erosion due to boats since 1973. No actual erosion data due to boats has been presented nor should one believe that such limited boat use on the lake would actually cause erosion near the level caused by winds and changing water levels. Any motor fuel contamination, if even present, would be minuscule compared to Market Place run ofT into the lake. There has never been a ."-" ,. - . . . knoWll personal injury related to motor boat use on Long Lake. Personally we love the wildlife and beauty of Long Lake. Taking out the pontoon to watch the sunset is one of our family's most enjoyable pleasures. A key to enjoyment of the lake by all is courtesy and acceptance. It is clear there have been no real past problems related to the recreational status of Long Lake. The concern is about future heavy boating use related to potential future development. To adclreu this, several suggestions are presented. Please be aware, however, that we are not in support of any change to the current recreational status because the private access and limitations of the lake itself will continue to limit boat usage in the future as it haa in the past(e.g. The 600+ home development of the East side of the lake haa had minimal, if any effect.). However, to help deal with what may be unfounded concerns for the future, we make the following suggestions: · Avoid establishment of a public motorized boat acceu. · Limit lake shore oWllera' boat size to 14 foot and 10 horsepower combustion motor maximum. · Limit lake shore oWllera' pontoon boat size to 28 feet with 30 horsepower combustion motor maximum. (Note that this lake is ideally suited for pontoon use. Larger motor is required for safety due to the limited maneuverability inherent with pontoons, especially under wind conditions.) These suggestiona might help to limit to some extent the property value loss to current significant lake shore oWllera compared to banning of motorized boats. Those who purchased recreational lake property on Long Lake could continue to use it aa such albeit in a limited mode. We anticipate that you will take our concerns into serious consideration. Respectfully submitted, Don and Rosemary McKenzie 12620 72ad Street North Stillwater, M:N 55082-9322 2 e . . , . 3/22/97 Dear Parks Commission, This letter is concerning the boating proposals for Long Lake. We would like to suggest that the commission keep a consistent position with all the city lakes. Good city management is usually consistent management. Long Lake is an extremely shallow and narrow lake. I t becomes hazardous when motor boats frequent the lake. It becomes dangerous to be out on the lake when there are two motor boats or jet skis out there now. It becomes impossible to canoe, sailor swim when there are boaters out there. We have seen a decrease of wild life over the past 4 years since motor boats have frequented the lake. The ducks, geese, eggretts, and herons are seen only occasionally now where they used to be around all day long. There is also noise pollution with the constant hum of motors. Quite often the boats are driven by young teens who have not learned boating courtesy and drive close to shore causing the shoreline to erode. They have also been documented chasing the wildlife and disturbing the nesting habitats with the boats. With the proposed developments and the increase of people near the water it would be safer for everyone to put a limit on boating before it becomes a problem. We hope you will consider these suggestions when you make your proposals. Thank you. Sincerely, .\j)a~ ..,. &Y1~ ~~ Dave and Sandy'-Fabio 2946 Marine Circle