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HomeMy WebLinkAbout1996-08-26 PRC Packet CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1. Approve AGENDA; ay, August 26, 1996 at 7:00 p.m. at '''water, MN. The Stillwater Parks and Recreation B the Parks Department Hea August 26, 1996 MEETING NOTICE STILLWATER PARKS AND RECREATION BOARD ,~villw(lt~r --- ~ - THE BIRTHPLACE OF MINNESOTA~) . 6. 5. 4. . 3. e _ Members expressed concern about the cost of the repair to the wall at Pi- . oneer Park and questioned whether that project should be the responsibil- Mr. Cummings said he would like to see the McKusick trail/boardwalk in- cluded in the budget request. Estimated cost for that project is about $50,000. Mr. Cummings said the budget should include the same amount for acqui- sition as was in this year's budget -- $250,000. He also noted there is the possibility of the city receiving an additional $1 50,000 for Pioneer Park, with the stipulation that the city match that amount. Members agreed the budget should include the city's portion of the matching funds. Mr. Thomsen brought up the issue of installing bathrooms at Benson Park. It was agreed that with the addition of the new soccer fields behind Stillwater Clinic, the bathrooms would be needed. Mr. Thomsen estimated the cost at about $25,000. Mr. Thomsen listed the cost for the projects discussed at the June 24 meeting: as much as $250,000 to repair 320 feet of the wall at Pioneer Park; backstop for O'Brien Field, $3,000; basketball hoops/fence at Sta- ples Field, $25,000; new playground equipment for Sunrise Park, $30,000- . $35,000; overlay and basketball standards for Ramsey Park, $8,000; wind- screens for tennis courts, $1,800. The boardwalk at Lily Lake will cost $65,000-$70,000; that will be funded through the Arena budget. Budget discussion Mr. Russell distributed copies of Washington County's CIP program as an example of how to budget for and plan for capital improvement projects. Mr. Junker called the meeting to order at 7: 15 p.m. Judy Gulden, AI Liehr, Rob McGarry, and Mike Polehna Absent: Tim Thomsen, Parks Director; Steve Russell, Community Development Director; Chris Little, resident Others: David Junker, chairman Rich Cummings, Ken Meister, John Melville, Delwin Peterson and Steve Wolff (8: 15) Present: . PARKS AND RECREATION BOARD July 15, 1996 Meeting was adjourned at 9:10p.m. e Respectfully submitted, Sharon Baker Recording Secretary Qld business Mr. Peterson said he had tabulated the results of the questionnaire mem- bers had been asked to complete. Mr. Peterson will discuss the results at the August meeting. Mr. Cummings distributed copies of a booklet of information from the Disc Golf Association. He said all the equipment necessary for an 18-hole course could be purchased for $10,000. Mr. Cummings said he would like the Board to use money available in this year's budget to complete the project. Because there was no quorum, it was agreed to put the item on the August meeting agenda. Mr. Wolff left at 8:45 p.m. New business Mr. Russell brought up the issue of the new Interlachen subdivision and whether to use park dedication fees in lieu of land to improve access to Meadowlark Park, which is adequate to serve the new neighborhood, as . well as make needed drainage improvements to the park. He said the issue will come back to the Park Board. Pioneer Park update Mr. Russell said the final plan will be presented to the City Council on July 16. Mr. Peterson said he would attend the council meeting. Mr. Junker left at 8:20 p.m. Mr. Melville served as chair for the remainder of the meeting. ity of the Public Works Department versus the Parks Department. It was . decided to include the wall in the budget and let the City Council make the decision as to how to fund the project. Mr. Wolff, seconded by Mr. Melville, moved to include the following items in the 1997 budget request: backstop for O'Brien Field, improvements at Staples Field and Ramsey/Grove Park; playground equipment for Sunrise Park; windscreens for tennis courts; Pioneer Park wall; McKusick trail; bathrooms at Benson Park; matching funds for Pioneer Park grant; and $250,000 for continuing park acquisition. Motion passed unanimously. 4!~~ Thank you for your consideration. I make this recommendation based on 18 years of experience with ice arena management issues and I have enjoyed the past two years of non-problems with the arena - and I hope to continue to do so. 3) That support personnel also be regularly assigned personnel. 2) The manager be a full time position; and 1) That the manager assigned to the arena be experienced; In any event, I would highly recommend that the following be considered if a change is contemplated: I make this recommendation because of the very favorable experience the City has enjoyed since St. Croix Catering took over the Ice Arena operations. In fact, I personally have received only one incident complaint in the past two years (and the complaint was not valid in my opinion). I am confident that they will continue to perform in a very favorable manner and I am concerned that a change may lead to less than favorable performance. I am submitting a copy of the 1995-96 Ice Arena management agreement for your information. It is my understanding that the Park and Recreation Commission will be reviewing this matter for a recommendation to the City Council. In regards to the management issue, I would, as City Coordinator, strongly recommend that consideration be given to renewing the agreement with St. Croix Catering Inc.(Richard Anderson). DA: August 14, 1996 RE: Ice Arena Mgmt. Agreement FR: City Coordinator TO: Park and Recreation Commission MEMORANDUM . . . 1 . 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. (b) In the event that the total gross sales exceeds the base period, that percentage rental shall be paid within thlrty (30) days after the end of the month in which it was exceeded. (a) The basic monthly rental shall be payable in advance on the fIrst day of each and every month. The rentals shall be paid at the office of City Treasurer in the following manner: (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. (a) The basic yearly rental of$II,440.00 payable monthly. 3. Rental. Tenant shall pay as rental: . 2. Term of agreement. The term of this agreement shall be for a period of one year commencing on October 1, 1995 and terminating on September 30, 1996, unless sooner terminated as hereinafter provided. 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"). NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions herein contained, the parties mutually agree: ~ ' WHEREAS, Tenant is desirous of leasing the Arena to Tenant for the operation of a skating rink; WHEREAS, City is the owner of the premises commonly known as the Lily Lake Ice Arena (the "Arena"), . This agreement, entered into this 1st day of October, 1995, 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: LEASE ,. ORIGlr~AL (0) ,,-'~:.' ......4...ro. (?J . . . ---- --_.__.__...~--'--...---._----. 2 8. Maintenance of Property and Responsibility for Damage. 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 7. Alteration. 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 permitted alterations, repairs, or improvements shall be made at the expense of Tenant and shall be come the property of the City. 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 confme its activities to the area rented by it under the terms of this agreement. 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. At no time shall Tenant sell or give away any alcoholic beverages, or allow any alcoholic beverages to be consumed on the premises. . 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 subject to the approval of the Stillwater Recreation Commission. 6. 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. 5. Inspections of records. Tenant shall keep accurate records of all sales and receipts in accordance with the bookkeeping 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 tlI:e terms of this agreement. 4. Gross income statement. Tenant shall present a statement of the gross income of the Tenant for the month at the office of the City Treasurer within 15 days after each month. Failure to comply shall constitute a breach of this agreement. 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. r (~\ 3 . 17. Indemnitv. 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 16. Duty to City. Tenant 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. 15. Subletting 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. . 14. 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. 13. 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. 12. Equipment. The equipment defined in Exhibit B is leased to the Tenant in an "as is" condition, without warranty or promise to the Tenant as to its fitness for any purpose. 11. Compliance with laws. Tenant shall obspve 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. 10. Snow Removal. City shall be responsible for plowing the parking lot, and the Tenant shall be responsible for all other snow removal. a timely manner at its own cost. . 9. Utilities. taxes and other charges. 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. @""'. - ._:...._,--~ ':'":""..- (0 . . . ........~,. ...,.---.----......- -------.........-------....,.--......-.----....- 4 21. Surrender of premises upon termination. Upon the termination of this agreement, Tenant shall peaceably surrender and deliver up possession to City of the demised premises, includi:o.g all improvements or additions thereto, in good order and condition, reasonable wear 20. Inspection by City. City shall have the right to make inspections at any reasonable time to insure compliance with this agreement. 19. 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. 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. 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 agre~ment. 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. (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 fmance. (b) Property damage insurance in an amount not less than $1,000,000. (a) Public liability insurance in an amount not less than $200,000 for injury to one person in one accident and $600,00 for injury to more than one person in one accident. ... ' 18. Insurance. Tenant shall purchase and maintain the following insurance during the term of the agreement: 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 Ten ant, its agents, officers, employees, guests, patrons, or any person or person admitted to the premises are used by or under the control of Ten ant. p. (:::::::. I 5 . . Ie BARBARA J. CHRISTIANSON I NOTARY PUBLIC - MINNESOTA WASHINGTON COUNTY My Comm. Expires Jan. 31.2000 .V.~.-N..."~A",~~..".#N~'''~~. 'J5; ~ ~Mu ~ I AM-d,1J ~Y\. NOTARYPUBLI The foregoing instrument was acknowledged before me this 11th day of O::tober 1995, by Richard Anderson , President , on behalf of St. Croix Catering, Inc. STATE OF MINNESOTA ) Ie NILE L KRIESEL )ss NOTARY PUBlIC-MINNESOTA . WASHINGTON COUNTY COUNTY OF WASHINGTON) "'~lExphs_31.2000 STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me thi0 tc~ day of ~ 1995, by Jay L. Kimble, Mayor, and Modi Weldon, City Clerk, on behalf of the City of Stillwater. 'I. By Its ST. CROIX CATERING, INC. ffirL rtJ" fl~ Modi eldon, City Clerk Ja~~yo;- ," / CITY OF STILL WATER . . and tear excepted. . 22. 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.