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HomeMy WebLinkAbout2007-09-24 PRC Packet cSti Ilwa ter - =-~~ --.;::: " ~HE BIH7HD~Ai~~- o~- M,NNFS01A J CITY OF STILLWATER STILLWATER PARKS AND RECREATION COMMISSION NOTICE OF MEETING MONDAY, SEPTEMBER 24, 2007 AT 7:00 PM The City of Stillwater Parks and Recreation Commission will meet on Monday, September 24, 2007, at 7 p.m. in the Council Chambers of Stillwater City Hall, 216 North Fourth Street. AGENDA 1. Approval of the July 23, 2007 Minutes Action Items 2. Consider accepting a cross-stitch from Judith Hansen for inside the Teddy Bear Park building. 3. Consider recommending that the City Council adopt certain rules and policies for usage and reservations of City Parks. 4. Consider recommending City Council approval of the 2008 St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement between the City of Stillwater and St. Croix Caterers, Inc. Informational Items 5. Discussion on Dog Parks 6. Adopt a Flower Bed Program 7. Other Items ~. City of Stillwater Parks and Recreation Board July 23, 2007 Present: Rob McGarry, vice chair David Brandt, Paul Donna, Adam Nyberg, Cathy Sewilo, Sandy Snell man Absent: Linda Amrein Mr. McGarry called the meeting to order at 7:05 p.m. Approval of minutes: Ms Snellman moved approval of the minutes of June 25, 2007. Ms. Sewilo seconded the motion; motion passed unanimously. Action Items Request to place a well and pump house at Leqends Park - Mr. Pogge reviewed the request from the Water Board to place a well and pump house in Legends Park. He noted the Water Board has been looking for a site in the southwest quadrant of the City for some time. He also pointed out the AUAR prohibits the siting of a well north of Myrtle Street due to potential impact on Brown's Creek, which further limits potential sites. Mr. Pogge noted that there is a 16" water main in close proximity to Legends Park so additional infrastructure improvements would not be needed should this site be utilized. He stated the pump house would be similar to the one in the Liberty development. He pointed out there would need to be access to the pump house, which increases the impact on the site. Mr. Nyberg expressed a concern about the impact of the building. Mr. pogge pointed out that the structure can be designed to look like a house, and he said there are pump houses located throughout town that most people don't even identify as a pump house. Mr. Pogge also pointed out that setbacks and location of park equipment restricts the placement of the pump house. Mr. Nyberg suggested moving the pump house to a location southwest of the play equipment or relocating the volleyball court. Ms. Snellman asked if there were other site options. Mr. Pogge stated there are few options without having to purchase land. Ms. Snellman noted the Legends Park has had previous problems and now to put a building in the park doesn't seem like the right thing to do to residents. Other members agreed with Ms. Snell man's comment. Mr. Pogge pointed out that a pump house does need to be on line by next summer. Mr. McGarry asked whether the Water Board might consider making some park improvements; Mr. pogge said he thought the Water Board would be willing to consider park improvements recommended by the Park Board or provide some funding for improvements in other parks. Mr. McGarry suggested the only way the Park Board would consider using up parkland would be getting some improvements in exchange. Mr. Pogge suggested that considering the resistance being expressed by members he go back to the Water Board and see what alternatives, if any, there are. If the request comes up again, Mr. pogge said he would ask the Water Board for a more concrete proposal regarding design, location and other details, including what improvements the Water Board might be willing to make to the park. Mr. McGarry summed up the Board's position as being reluctant to give up parkland at this time, but willing to work with the Water Board if this is the only alternative. Mr. McGarry noted that the Water Board had Park & Recreation Board Minutes July 23, 2007 20[2 been very cooperative in participating with the City in making improvements at the pump house site in Liberty. Informational Items Park reservation policy - Mr. Pogge explained staff will be looking at formalizing the reservation policy and details such as when to waive fees for non-profit organizations. Other Items · Mr. Brandt expressed a concern about the potential for the City making any improvements to the land at the south end of long lake, which was included on the recent park tour. He noted that neighbors in the area of the property perceive the property as their own personal open space. He suggested that some markers be placed on the property to indicate that it is City property. Mr. Pogge stated he had talked with some of the property owners in the area and most were supportive of improvements such as a gazebo or other more passive uses. Mr. Pogge also noted the resident who has been mowing the area is following a prairie planting schedule and this will be the last year of mowing. · Mr. Donna announced his resignation due to a recent move from Stillwater. Members thanked Mr. Donna for his participation. · Mr. Brandt stated he had received a complaint regarding handicapped access at Pioneer Park. The complaint dealt with handicapped parking, he said. · Mr. Brandt noted that the Brown's Creek playground equipment has been installed and stated there is a loop sticking out of the wood chips that ought to be looked at. · It was noted that Washington Square will be open for reservations starting Aug. 10. There was discussion on initial reactions to the park. Mr. Brandt, seconded by Mr. Nyberg, moved to adjourn at 7:43 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary Parks and Recreation Commission DATE: September 20, 2007 ITEM: Consider accepting a cross-stitch from Judith Hansen for inside the Teddy Bear Park building. PARKS & RECREATION BOARD DATE: September 24, 2007 PREPARED BY: Michel Pogge, City Planner rl DISCUSSION Stillwater resident Judith Hansen has approached the City about placing a cross-stitch completed by her inside the Teddy Bear Park building. Attached is a photo of the work and staff will bring the actual art work to the Commission Meeting on the 24th. This could be permanently attached to one of the wall and being inside the building it less likely to vandalism. STAFF RECOMMENDATION Accept the cross-stitch from Judith Hansen for placement in the Teddy Bear Park Building. Parks and Recreation Commission DATE: September 20, 2007 ITEM: Consider recommending that the City Council adopt certain rules and policies for usage and reservations of City Parks. PARKS & RECREATION BOARD DATE: September 24, 2007 PREPARED BY: Michel Pogge, City Planner fJ11f1 DISCUSSION After approving the revisions to the Teddy Bear Park reservation policy, the City Council requested that staff propose formal park reservation polices for the entire City. Attached to this memo are the current policies in place related to the use of all of the City Parks. Staff (including the City Administrator, Public Works Director, Parks Superintendent, Assistant Parks Superintendent, Public Works Administrative Assistant, and City Planner) have reviewed the current park policies and are recommending a revision to one policy and the addition of a second policy. Fees to use City Parks for Weddings Annually there are a number of weddings held in City Parks. Most of the weddings are held in either Lowell Park or Pioneer Park. Weddings parties, expectably post ceremony receptions, tend to be some of the most destructive activities held in our parks. Today the City does not charge a fee to hold a wedding in City Parks unless you rent a structure in the Park or reserve a specific location in the park. In some cases we have seen people show up in the early morning hours to II claim" a location in the park and then hold it for the majority of the day. A few unreserved weddings have brought in rental chairs, tents, and/ or other facilities without any reservation or knowledge of staff. Staff believes this change in the revision policy will allow the City to manage the parks better and to avoid conflicts between wedding parties in the future. Application of Park Fee For sometime the City has not charged not-far-profit groups to use City Parks. Many of these groups support our parks through the donation of time or funds for park improvements. We believe that what these groups give to the parks far exceeds what the City gets in return. In order to formalize this staff propose the attached policy. STAFF RECOMMENDATION Review the attached proposed park policies, rules and fees and make a recommendation to the City Council. Proposed New/Revised Rules and Policies Pal!e 1 (Note: See attached page 2-4 for current rules) Revised Wedding Ceremonies (Note: See page 3 for current policy) All weddings must pay to use any part of a City Park for a wedding. The fee to use a park for a wedding is $50 for Stillwater residents and $100 for non-residents. A $50 refundable damage deposit is also required for all weddings. No party can rent or close off the entire park. Applicant may also rent a shelter or gazebo for a wedding (see pricing above). New Application of Fees City of Stillwater Park are owned by the City and maintained for the benefit of the Community. In order maintain City Parks the City charges for certain services. All private individuals, religious institutions, and for-profit groups shall pay the normal fees. The City does not charge not-for-profit groups and educational institutions to use City Parks. The City does require a refundable damage deposit from ALL groups and persons renting park facilities. Current Rules and Policies Pa2,e 2 Park Rules/Policies 1. NO party can close off or rent the whole park. Only shelters, bandshell or gazebo areas can be reserved. 2. Park Hours are 6 am to 10 pm. Teddy Bear Park hours are 8 am to 8 pm. 3. NO tents or canopies can be put in any park until the applicant meets with the Public Works Superintendent who assist applicant on where these can be placed for public safety reasons. 4. The Parks Department does not rent out chairs, canopies, tents, or P.A. systems. 5. Live or played music is permitted in the parks as long as the music is toned down and not disruptive to the neighborhood that surrounds the park. 6. Dogs are allowed in City Parks (except Teddy Bear Park) and must be on a leash less than six feet long or housed in a portable crate or kennel. Any animal excrement must be disposed of properly in a sanitary manner. 7. No park or ballfield reservation can be made for July 4th or during Lumberjack Days held in July. Current Rules and Policies Pa2:e 3 Reservation Information & Fees Picnic Shelters and Gazebos Many of our parks have picnic shelters and gazebos that are available to reserve. A full listing of parks and their amenities is available on our website. A $50 refundable damage deposit plus one of the following fees is required to hold a reservation for any picnic shelter or gazebo: Fri-Sun $50 Stillwater residents $100 non-residents Mon- Thurs $35 Stillwater residents $50 non-residents Special Events in Stillwater Parks Large community events require Park Board approval, a $250 refundable damage deposit and a $500 fee. An application is available by contacting the Parks Department. Wedding Ceremonies A $50 refundable damage deposit is required to hold a reservation for a spot in the park to have a wedding ceremony. (No party can rent or close off the entire park). Applicant may also rent a shelter or gazebo (see pricing above). Pioneer Park Bandshell The following policy will be used to guide the use of the Pioneer Park Bandshell. It is the intent of the Park Commission to allow use of the facility consistent with the public purpose of free entertainment and cultural events for the citizens of Stillwater mindful of the park location in the North Hill residential neighborhood. A $100.00 refundable damage deposit and a $125.00 fee for Stillwater residents or for non-residents (anytime). · Sponsor shall be a non-profit organization. · The event must be free and open to the public. · No merchandise or food shall be sold. · No promotional signage allowed in the park. · The capacity ofthe site and area is 75 to 100 people due to lack of parking. · The use of the bandshell shall be between 9 am and 9 pm and not to exceed three hours in duration. · Events shall not be loud or use obscene language so as not to disturb the surrounding residents. · Park Board approval must be obtained if the event doesn't fit these guidelines. Ballfield Information Ballfields are available for tournaments. The fee is $150, plus a refundable damage deposit of $150 (Total $300). Only 3.2% beer can be sold. The permit fee to sell is $25/day and must be approved by the City Council. Current Rules and Policies Pa2e 4 Alcohol in the Parks Permit to Consume: A Permit to Consume (fee $35.00) for the consumption of any type of alcohol in the parks is required. Contact the Parks Department to obtain this permit. Police Officer Required: If there are more than 75 people in attendance and alcohol is available, you are required to hire one of the City's police officers. This fee is paid directly to the officer. To schedule an officer for your event contact the Police Department at (651) 351-4900 Monday-Friday, 8 am - 4:30 pm. Permit to Sell Alcohol: To sell alcohol in the parks, the applicant must apply for a temporary liquor license. Contact the City Clerk at (651) 430-8802. Skateboarding The City of Stillwater does not allow the use of skateboards on public streets or right-of-ways. The City does have a Skateboarding Park located on Curve Crest Blvd (behind the Stillwater Rec Center). Rules of operation are posted at the facility. Teddy Bear Park Teddy Bear Park Hours are 8 am to 8 pm. The park play equipment is designed for children younger than 8 years of age. The park is open to the public but reservations can be made for use of the building. No pets or alcohol are allowed in the park. The amphitheater area holds many events during the summer. View our website for a printable flyer or call the Parks Department. Building Rate Schedule: Contact the Parks Department for policy information and to obtain a room rental contract. A $100 refundable damage deposit per floor is required plus the following. Non- esiden $80 $50 $80 $25 $15 $25 $25 $45 $25 $45 $60 $40/$10* $60 $70 $125 $70 $125 $15 $10/$5* $15 $20 $35 $20 $35 cSti~~e~, ...~.. ~, T"HF 8iR"HPiAC! Of MiNNf-S014 J Parks and Recreation Board DATE: September 20, 2007 ITEM: 2007 St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement PARKS & RECREATION BOARD DATE: September 24, 2007 PREPARED BY: Michel Pogge, City Planner MJf DISCUSSION Accompanying this memo is the proposed agreement between the City of Stillwater and St. Croix Caterers for the management of the St. Croix Valley Recreation Center and Lily Lake Arena for the calendar year 2008. The agreement is identical to last year's agreement. The management fees have not changed and remain as: 5 % of the gross revenues not to exceed $35,000. In staff's opinion, St. Croix Caterers provide an excellent management services for the facilities. The results of operations continue to exceed expectations and provides for increased funding of dept service. Since there is basically no change in the contract and the service continues to exceed expectation, staff recommends the renewal of the Agreement. STAFF RECOMMENDATION Recommend City Council approval of the recreation facilities management agreement between the City of Stillwater and St. Croix Caterers for the calendar year 2008. ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this day of , 2007, between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City"), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ("St. Croix"). WITNESSETH The City is the owner of Lily Lake Ice Arena ("Lily Lake") and the St. Croix Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, and a multipurpose domed field house (collectively, the "Facilities"). st. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term. Commencing January 1, 2008 and continuing until December 31, 2008, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so-called "safe harbor" guidelines for management contracts under Section 1301 (e) of the Tax Reform Act of 1986. Section 2. Responsibilities. 2.01 St. Croix's Responsibilities: a. MarketinQ and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01 (n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty-five (45) days after the date of the agreement. b. SchedulinQ. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with a rate schedule and facility use policy established by City policy, applicable law, and Page 1 of 11 in a manner to maximize the use of the Facilities so as to provide maximum Revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions"). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleaninq Services. S1. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. g. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. S1. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. S1. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. j. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by S1. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. I. Licenses and Permits. S1. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ("Sports Facilities Fund"). Page 2 of 11 n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty-four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetinqs. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and/or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02 City's Responsibilities: a. Operatinq Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketinq. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by S1. Croix, including "mark- up" for resale items such as sports equipment and food and beverages. g. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. Page 3 of 11 h. BudQet. Approve and/or amend the annual budget and work program as specified in Section 3.01. Section 3. BudQet and Revenue Reports. 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2008 and ending December 31,2008. The budget will become a part of this Agreement and will be attached as Exhibits "A", "B" and "C". The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2008. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty-five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The ManaQement Fee. Additional Fees. 4.01 St. Croix will be paid a fee equal to five percent (5%) of the gross revenues ("Management Fee"), not to exceed a total fee of thirty-five thousand and no/100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no/100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00). If after the adjustment the fees paid to 8t. Croix exceed five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. Page 4 of 11 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Payment of ManaQement Fees Personal Services and OperatinQ Expenses. 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. That portion of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations. 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. Section 7. Capital Improvements Equipment Repair and Maintenance. 7.01 It may be desirable to consider additional capital improvements ("Additional Capital Improvements") and the purchase of additional Page 5 of 11 equipment ("Additional Equipment") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City. The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation. St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records. Reports and Practices. 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default. Right to Cure. Consent to Jurisdiction and Waiver of JUry Trial. 11.01 It will bean event of default ("Event of Default") hereunder if either party hereto: Page 6 of 11 a. Fails to payor deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or b. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice"). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance. 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re-employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re-employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. Page 7 of 11 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Section 13. Indemnity. St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. S466.04. Section 14. Dama~e to and Destruction of the Location. If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. i. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Page 8 of 11 Section 15. Emplovees. 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re-employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. S 181.59, Minn. Stat. Ch 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver. The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment. The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law. The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability. Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices. 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt Page 9 of 11 requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to S1. Croix or City at the following addresses: If sent to the City: City Administrator/Treasurer City of Stillwater 216 North 4th Street Stillwater, MN 55082 If sent to S1. Croix: Richard Anderson S1. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to S1. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the S1. Croix On-site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Maieure. 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, S1. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Intearation. This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. Page 10 of 11 CITY OF STILLWATER a Minnesota Municipal Corporation Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk CROIX CATERERS, INC. Richard Anderson, President STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day of , 2007, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF WASHINGTON ) On this day of , 2007, before me, a Notary Public within and for said County, appeared Richard Anderson, to me personally known, who, being duly sworn, did say that he is the President of St. Croix Caterers, Inc. and that this instrument was signed as the free act and deed of the corporation. Notary Public Page 11 of 11 Memo Community Development Department From: Parks and Recreation Commission Michel Pogge, City Planner m?f' September 20, 2007 Informational items for the Sept. 24, 2007 Parks Commission meeting To: Date: Re: Item 5 - Discussion on Dog Parks Staff has received several requests for a dog park in the City. Before staff spends a lot of time of this issue staff would like to take some time to discuss this with the Commission. Item 6 - Adopt a Flower Bed Staff would like to start an Adopt-a-Flowerbed program in our City Parks. The program is designed to beautify Stillwater's parks by creating quality, attractive flowerbeds. Individuals and groups can be a part of this beautification effort by adopting a bed from mid-May through October. Volunteers would plant and maintain them by weeding, collecting litter, etc for the entire growing season, including fall cleanup after the first hard frost. The City would provide access to water at the park site and provide information about appropriate plants and care. One question for the program would be if the City or the volunteer would provide the provide supplies, bedding, plants, and other materials. Recognition would be given to volunteers with a sign placed by the City near each flowerbed. Item 7 - Other Items