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HomeMy WebLinkAbout1996-09-23 PRC Packet . . 2. . STILL WATER PARKS AND RECREATION BOARD MEETING NOTICE September 23, 1996 The Stillwater Par p.m. at the Par 1. 3. 4. 5. 6. 7. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e . . PARKS AND RECREATION BOARD Aug. 26, 1996 Present: David Junker, chairman Judy Gulden, Alliehr, Ken Meister, John Melville, Delwin Peterson and Mike Polehna (left at 8:20) Others: Tim Thomsen, Parks Director; Steve Russell, Community Development Director Absent: Rich Cummings, Rob McGarry and Steve Wolff Mr. Junker called the meeting to order at 7:05 p.m. Mr. Liehr, seconded by Mr. Meister, moved approval of the minutes of the July 15, 1996, meeting; all in favor Pioneer Park Mr. Russell said the City Council has adopted the master plan for Pioneer Park. The city will be applying for a state grant to help with reconstruction of the wall, he said. He also said there is a possibility of an additional $150,000 matching fund gift for Pioneer Park improvements. There was another discussion about whether the reconstruction of the wall should be a public works or parks project. Mr. Russell suggested that it might be good is someone from the board attended the City Council's budget workshop on Aug. 27. Lily Lake Ice Arena contract Present for the discussion were Richard Anderson of St. Croix Catering, who has had the contract for the arena management for the past three years, and Troy Pearson, president of the St. Croix Valley Hockey Association, and Mark Loeffler, also of the Hockey Association, requesting that the board consider awarding the arena contract to the Hockey Association. Mr. Anderson requested that his contract be renewed for another year and spoke briefly of the need for full-time management of the arena. He also pointed out the he is bound by the City of Stillwater to give first choice of ice time to School District 834. Mr. Pearson said the Hockey Association would like to assume management of the arena as a way to raise money, but primarily to ensure the association gets adequate ice time. He also suggested the Hockey e . . Association's proposal could reduce the City's liability for potential equipment failure. He requested a week to write a formal proposal. Mr. Melville expressed his concern that the matter come up at such short notice without time to adequately consider the Hockey Association's proposal. Mr. Peterson suggested deferring action for a month to allow the Hockey Association to submit a more formal proposal. It was pointed out that ice has to be made by mid-September. Mr. Liehr and Mr. Meister both noted that when the new ice arena is operational, the current problem with scheduling of ice time should be mitigated. Mr. Junker, seconded by Mr. Liehr, moved to renew the contract with St. Croix Catering for one more year. Motion passed 4-3, with Mr. Peterson, Mr. Melville and Mr. Polehna voting no, favoring delaying the contract award until the next meeting. Interlachen IJjlls development Present for the discussion were Jim Peterson of Trail Head Development, Signe Cowen, 202 Crestwood Terrace, and Cindy Green, 204 Crestwood Terrace. Mr. Russell explained the City Council had approved a development plan which includes a .7 acre dedication of park land. He said the land is essentially wetland and not suitable to serve as an active park. The developer is requesting that the Council reconsider its previous action; another public hearing is scheduled for Sept. 3. Mr. Russell brought up several issues for the board to consider: the existing Meadowlark Park is of sufficient size to serve as a neighborhood park for the 27-lot new development. However, the park has drainage problems that make it nearly unusable. If the city received a park dedication fee (about $40,000), in lieu of land, the money could be used to make improvements to Meadowlark Park. Also, the cost to the city for road improvements to provide access to the .7 acre of dedicated park land in the existing plan is estimated at $40,000. Ms. Cowen and Ms. Green said protecting the existing wetlands in the proposed development has been a primary concern of neighboring property owners. Ms. Cowen also noted that there are "problems" with all of the various plans proposed; there needs to be some compromise, she said. The two also noted there is an issue regarding access to the park from the new development. . . . Mr. Peterson explained with the 2: 1 wetland mitigation action the developer has proposed, the wetland will remain. He requested that the Parks and Rec Board take an official position on the matter. He also said that, over and above the park dedication fee, he would be willing to provide fill, the use of heavy equipment, etc. to help with improvements to Meadowlark Park. Mr. Melville again expressed his concern about having to make a last- minute decision. He said the board should be involved in the planning "loop" earlier on, in order to make an informed recommendation to the City Council. It was pointed out that the issue was discussed at the board's previous meeting where there was no quorum. It was the consensus of members present at that meeting that the board favored requiring a park dedication fee in lieu of land. Mr. Junker asked if it is realistically possible to make improvements to Meadowlark Park that will make it usable. Mr. Russell suggested that engineering studies will need to be done. Mr. Peterson, seconded by Mr. Melville, moved to recommend that the City Council adopt development plan 1 A, accepting a park dedication fee and fill in lieu of land for improvements to Meadowlark Park, with engineering studies to be completed before any improvements are made. Motion passed unanimously. Old business · Disk golf - Mr. Thomsen said the City Council directed him to spend purchase equipment for an l8-hole disk golf course. He has not purchased the equipment because the DNR, which has jurisdiction over the proposed site at Neal Avenue and McKusick Road because of its location near Brown's Creek, has indicated about four acres of the site won't be usable, thereby making it impossible to have an 1 8-hole course there. Mr. Thomsen said there is an alternate site near Northland Park which might be suitable for an 1 8-hole course. Mr. Meister expressed his concern that the Council acted on the matter before the Park and Rec Board had taken action. Mr. Thomsen will report on the status of the course at the next meeting and will forward to members any additional information he receives in the interim. . . . · Budget - There was some discussion as to whether the board should prioritize the requested capital outlay items. Mr. Junker and Mr. Liehr said it would be better to simply submit the budget request as projects that the board recommends. Mr. Liehr said prioritizing the list is "asking (for projects) to get shot down." · Friends of Parks - Ms. Gulden reported that Friends of Parks is developing a memorial giving brochure. She also said she would like someone from the Park and Rec Board to work with an ad hoc committee to work on raising funds for the $150,000 match for the Pioneer Park gift. A check from the proceeds from the Walk for Park is forthcoming and Friends of Parks would like to see the money designated for basketball equipment/improvements. · Park Board appointment - Mr. Junker said Nancy Brown, 518 N. Owens St., has expressed an interest in appointment to the board. She is a member of River Town Restoration and Friends of the Parks and lives in the area which needs representation on the board, he noted. Mr. Peterson, seconded by Mr. Liehr, moved to recommend Nancy Brown for appointment to the Parks Board. · Attendance - Mr. Junker expressed his concern about absences/tardiness at recent meetings and the inability to make decisions without a quorum. Mr. Melville suggested perhaps a different meeting night might help the situation. Mr. Peterson suggested that board membership could be reduced if there is a problem with participation. The matter will be discussed further at a later meeting. · Meeting preparation - There was additional discussion regarding the concern about lack of preparation for issues on the meeting agenda. Mr. Junker will work with City Administrator Nile Kriesel and Sue Fitzgerald on ways to provide better background information. Mr. Melville, seconded by Mr. Meister, moved to adjourn the meeting at 9:40 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary -y ,/ April 29, 1996 e Tbe-1foard of Water Commissioners ./ 204 N. 3rd Street Stillwater, MN 55082 The Stillwater Perennial Garden Club wishes to express concern for the support of public use of the Old Post Office Rock Garden. It has been the commitment of this Club to maintain the plantings of the garden since 1970. We have greatly appreciated your contributions and the assistance of the Water Department staff in our efforts. Because we believe this water garden to be a unique and wonderful asset to the city of Stillwater, we sincerely hope the Water Board will continue its dedicated maintenance of the garden with us. . Sincerely, The Stillwater Perennial Garden Club // . J'1 / _?/:41- // .., . : J /1. ----/ ...-/ J: t-cx...' J( ( '-- J. ~-L~ tJ Iv\. <.1---1. 5-..tvv--. ..-... ,/ . Iii A/1A ,/,1 I ':___J1(i~i }'0 (!fk,t-t V-t-de.e:O/FYld4l/PL-j (11&. / j ,/ /'7/. 1/ ;- '(.{/l.' I L--:T' '--~ ~ '-/~ "'-"L-I<\..-- '- ftJi"(J ~ V~r ~ J ~ t:!~) jfcfJJ;4W'. 1?JJJ1 ~ n ~~~ ~//I.~ t;,,/{ ~-PI~ 1>)(1 ~t';f;t:;f CoY( ;UOhl)'~A.. ,"/ . -Y/. ~____~/;1 . _ !J, ~ _ )4/\/I~~./1.h ... JJ...-R .."... -'/!Jt.c~ ~.. ,.---J _\,.~ v~~---:;--:-~. ? / ~-- ! I (J' /J'1r" Ltc v' 01' I-r;,'?r- &t.:.'""o- Jj; L-i' fi 1 I ! .. l/ l,'/ . (. / . - . --- -.-: '"""-j-- /j-/! ("---'.:/ Ci>lC;.~-1:.Q,.J. -- )97?if./.P.. ,1./ nFl .I. A ;, r", ,/'!.Jkh1...P",-'-C I. I . 1/ (y~ .....rlv\./:a. , / .(Jbtlcti7Jr}.. -ti'-' a{l-. . >1J 1".' "/-/ 1'r\,'/U, )L/ Ilv, ~JI C:_./l/'-tC.( IlLuYvl/c-c/"",- v. ' h'''~''<(b e . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P.O. Box 438 . STILLWATER. MN 55082 TELEPHONE: (612) 439-9464 . TELECOPIER: (612) 439-5641 MEMORANDUM TO: Sue Fitzgerald, City Planner; pennis r..1"""cKean, Water Board Manager; Nile Kriesel, City Coordinator . FROM: rj'fo(\ David T. Magnuson, City Attorney DATE: August 19, 1996 RE: Post Office drinking fountain/park I enclose correspondence and a draft Agreement sent to David M. .Hurley that, hopefully, will control use of the park until all issues with regard to its ownership can be resolved. At a recent meeting, Hurley expressed concern with regard to the immediate problems he faces and his concern for the future use and occupation of the park, should the City's claim of ownership ultimately resolve all of his interests in the site. . He reports a lot of late night noisy and suspicious groups who lurk in the low area in the park and he is concerned for his safety and the safety of his other house members when they return late in the evening. The area is not well lighted and is a hidden place in the downtown that is conducive to criminal activity. He suggests establishing hours where the park can be used and, perhaps, establishing gates that could keep people out of the area after normal park hours. I think it would be a good idea to place this matter on the Rec Commission's agenda for discussion since it is something that must be considered in any event since it appears to be a public safety problem as well as a problem for parcels adjoining the park. We appreciate your help on this. DTM/ds Enclosures e . e MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET . SUITE #202 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464 . TELEcoPIER: (612) 439-5641 August 19, 1996 ..- Mr. David M. Hurley Sandoz Nutrition 5100 Gamble Drive Suite 203 St. Louis Park, MN 55416 Re: Forbearance and Indemnity Agreement Dear David: Enclosed is an Agreement that should respect the interests of you and the City in the drinking fountain/park property. If this is satisfactory, please sign it and return it to my office and I will obtain the Mayor and Clerk's signatures. Please let me know when you have examined the situation with regard to an ultimate solution and we will meet again to discuss our interests. In the meantime, I enclQse a copy of a memorandum written to the Parks Commission explaining your desire for more security at the park. I will keep you informed of the Park Board's discussions and, hopefully, something will be done to improve the situation. Yours very truly, DTM/ds Enclosures cc: Sue Fitzgerald, City Planner Dennis McKean, Manager of Water Board Nile Kriesel, City Coordinator ..... .... e . . FORBEARANCE AND INDEMNITY AGREEMENT THIS AGREEMENT is made this _ day of August, 1996, between the City of Stillwater, a Home Rule Charter City of the Third Class, organized and existing under the Laws and Constitution of the State of Minnesota ("City") and David M. Hurley ("Hurley"). 1. David Hurley has recently purchased property within the City of Stillwater known as the Historic Post Office Building located on the West 150 ~et of the South 130 feet Block 18 of the original .. town, now City of Stillwater ("Post Office"). 2. The City, through its Water Board, has constructed and operated a public drinking fountain and park ("Park Property") by Agreement with the United States Government made on the 2nd of October, 1934. The public drinking fountain and park being located on the West 42 feet of the North 46 feet of the West 150 feet of the South 130 feet of Block 18 of the original town, now City of Stillwater. 3. A controversy has arisen between the City and Hurley; Hurley claiming by reason of a conveyance of title that he owns the Post Office parcel free of claims by the City and the City claiming rights of ownership and operation arising by Agreement with the United States of America, subject only to the obligation of the City to surrender possession of the park parcel to the United States Government if in the future the United States Government may deem it necessary to acquire the land for its own use. 4. The City and Hurley have entered into discussions and negotiations in an attempt to resolve any faith differences with regard to their respective rights in the park parcel ("the interim period") and it is the purpose of this Agreement to set forth the rights of each party during the discussion and negotiation. 5. Hurley agrees that during this interim period he will take no legal action or otherwise to attempt to displace the City and the public's right of use and enjoyment of the park including the right by the City and its agents and the Stillwater Garden Club to enter upon the park parcel from time to time 1 , to maintain the plantings and plant material that has historically been installed and maintained on the . parcel. 6. The City agrees during the interim period to take no action legal or otherwise to secure its right in the park parcel and further agrees to defend, indemnify, and ~old harmless David M. Hurley from any claims, injuries or causes of action that he might suffer by reason of the public's use of the park parcel, or the activities of the City or its agents. .... This Agreement will be effective upon the execution by the City and Hurley and will continue until such time as negotiations are complete and the parties certify to one another that negotiations are no longer productive and court action is necessary and will expire, if not by agreement sooner reached by the parties, on December 31, 1997. Enacted this _ day of August, 1996. CITY OF STILLWATER . Jay L. Kimble, Its Mayor ATTEST: Morli Weldon, Its City Clerk David M. Hurley . 2