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HomeMy WebLinkAbout2002-01-28 PRC Packetwater • THE BIRTHPLACE OF MINNESOTA • STILLWATER PARKS AND RECREATION BOARD MEETING NOTICE January 28, 2002 The Stillwater Parks and Recreation Board will meet on Monday, January 28, 2002 at 7:00 p.m. at Stillwater City Hall in the Council Chambers & Council Chambers Conference Room, 216 N. 4th Street. AGENDA 1. Approval of December 17, 2001 Minutes. 2. Friends of Parks Request — Nancy Brown. 3. Recreation Center and Lily Lake Arena Management Contract for 2002-2003. 4. McKusick Ravine Trail Project plans. 5. Other items. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 Parks Commission Meeting Minutes Monday, December 17, 2001 Members Present: Chair Mike Polehna, Sandy Snellman, David Junker, Linda Amrein, Dawn Flinn, Rob McGarry, and Council Representative Wally Milbrandt, Absent: None Meeting was called to order at 6:37 p.m. Approval of Minutes Linda Amrein moved to approve the minutes of the November 26, 2001 meeting as read. Second by Sandy Snellman. Vote all in favor. Wally Milbrandt outlined the proposal of the Parks & Open Space Task Force. The revenue sources would be in the form of user fees/taxes — a 3% liquor -by -the drink tax, food and entertainment taxes in the downtown district. City wide hotel/lodging/bed & breakfast room taxes and a .5% general sales tax across Stillwater are also proposed. He described that the funds raised would be put into Aiple Park, Lowell Park, the Park Place Plaza (including downtown bathroom facilities), finishing Pioneer Park, filling out the Comprehensive Trail Plan at a cost of $1.5 million and putting $4 million into the Stillwater Public Library renovations. Mr. Milbrandt stated that the Parks & Open Space Task Force would like this to be brought before the City Council on January 15, 2002, with the Parks Commission's stamp of approval as a show of support. Mr. Junker explained that the task force's mission was to be specific about what projects would be completed and how they would look when completed. He, along with the rest of the Parks & Open Space Task Force, feel that it is important that this plan is sold to the City Council, downtown businesses and the general public so it can be enacted. Enactment would secure the revenue and ensure that the parks improvements and completions would be accomplished. He explained to Ms. Amrein that the task force was directed to be specific, not to merely put monies raised in general improvement funds. Boat, train and trolley user fees were discussed. Mr. Milbrandt stated that the city attorney's office is looking into a "wharfage tax"for the St Croix Boat & Packet Company. Mr. Milbrandt explained that the City Council cannot assess taxes. Public approval must be proven to Senator Michelle Bachman and Representative Mark Holsten and they would then propose what is called enabling legislation. Once enabling legislation is passed through the state government then the state government would allow council to invoke the user fees. Commitment from Council, the Commissions, the Chamber of Commerce and Downtown business owners is needed for this plan. Mr. McGarry warned that because this is a "tax" it is going to cause controversy. Mr. Junker stated that the best part of this type of a user fee/tax is that the users (tourists, business patrons, etc) pay the taxes, not the businesses, Stillwater residents or property owners. Motion Dawn Flinn moved to support the Parks & Open Space Task Force Proposal for its presentation to Stillwater City Council. Second by Sandy Snellman. Vote all in favor. Mr. Polehna stated that Steve Russell asked the Parks Commission to make a recommendation to City Council regarding wharfage fees for St. Croix Boat and Packet Company. The Commission agreed to postpone this discussion until the January meeting when they would have more information. Mr. Junker asked about the status of the skating rink at the Old Athletic Field. This issue, too, will be postponed until the January, 2002 meeting. Rob McGarry moved to adjourn the meeting. Seconded by Linda Amrein. Vote all in favor. Respectfully submitted, Kathy Rogness, Acting Recording Secretary • • • • MEMORANDUM TO: Parks Board FROM: Steve Russell, Community Development Director DATE: January 22, 2002 SUBJECT: Parks Board Meeting Agenda Items Three items are scheduled for your meeting of January 28, 2002. First, Nancy Brown of Friends of Parks has requested time to request park assistance. The second item is the Recreation Center Contract. The City Council approved the Recreation Center and Lily Lake Arena Management Contract at their meeting of January 15, 2002, subject to Parks Board approval. As I recall, last year the Board indicated they were interested in a multi year contract and conditions have not changed since last year. Doug Brady will be present at the meeting to answer any board comments. The third item on the agenda is a public hearing on the McKusick Ravine Trailway Plans. This item was last considered by the Parks Board October, 2000 and continued until more detailed plans were available for review. Comments from the City Engineer and neighborhood representative are attached, along with a memo describing the ravine project. Sherri Buss and Klayton Eckles will be at the meeting to present the plans and receive comments. The City Council has requested this review and the Parks Board recommendation before taking final action on the ravine project plans. Attachments: Recreation Center Contract McKusick Ravine Project Memo and Plans • • MEMORANDUM TO: Park and Recreation Commission FR: Nile L. Kriesel, Deputy City Administrator RE: St. Croix Caterers Management agreement for Rec. Center and Lily Lake Arena, 2002-2003 DA: January 25, 2002 Discussion: Accompanying this memo is the Recreation Center management agreement that I gave to the Council for their meeting of January 15, 2002. The City Council approved the agreement contingent upon approval of the Park and Recreation Commission. The attached memorandum that I also gave to the Council summarizes the results of operations for the period ending 12/31/01. Exhibits A, B, and C, are part of the proposed agreement and they comprise the budget for the new period. I recommended approval to the Council and I would recommend that the Park and Recreation Commission also approve the renewal of the agreement. Recommendation: Park and Recreation Commission approve recreational facilities management agreement between the City of Stillwater and St. Croix Caterers for the period May 1, 2002 thru April 30, 2003. • • MEMORANDUM TO: Mayor and Council FR: City Administrator RE: St. Croix Caterers Management agreement for Rec. Center and Lily Lake Arena, 2002-2003 DA: January 11, 2002 Discussion: Accompanying this memo is the proposed agreement between the City of Stillwater and St. Croix Caterers for management of the St. Croix Valley Recreation Center and Lily Lake Arena for the period beginning May 1, 2002 through April 30, 2003. The agreement is identical to the current agreement except for changes in the budget that is based primarily on COLA increases (and the results of operations for the previous period). Note that the management fees have not changed and remain as: 5% of the gross revenues not to exceed $35,000. The agreement specifies that the budget is established by the City and that the management firm has the responsibility to operate within the budget. The agreement also recognizes that budgets are estimates of revenues and expenditures, that they are subject to change, and that overall control of the budget and results of operation are the responsibility of the management firm. However, the agreement does provide for some predetermined or set costs such as the management fees, salaries for Zamboni Operators, Manager, Asst. Manager, Attendants, etc. In my opinion, St. Croix Caterers have provided an excellent management service the past 4 years of operation (especially Doug Brady who works very long and hard to keep everybody happy). In fact, the results of operations for 2001 were very favorable. For, example revenues exceeded the budget by about $50,000 and the expenditures were under by about $50,000. Further, the proposed budget indicates that the amount available for debt service will increase by about $40,000 for the year ending December 31, 2002. Exhibits A, B and C (for the new operating period) are attached to the agreement and in effect become the budget for 2003. I would recommend the renewal of the agreement. The Parks and Recreation Commission have not reviewed the agreement. Therefore, Council could approve the agreement on condition that it be reviewed and approved by the Recreation Commission. For your information last year the Parks and Recreation Commission recommended a two-year contract that would have ended on April 30, 2003. However, I requested a one- year contract because the budget is part of the agreement. My point is that the Park and Recreation Commission was pleased with the performance of St. Croix Caterer's. Recommendation: Council approve recreational facilities management agreement between the City of Stillwater and St. Croix Caterers for the period May 1, 2002 thru April 30, 2003. • ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this day of 2002, 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. After May 1, 2002 and continuing until April 30, 2003, 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. Marketing 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. Scheduling. 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 Page 1 of 11 facility use policy established by City policy, applicable law, and 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, the "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 Cleaning Services. St. 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. St. 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. St. 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 St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. 1. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. Page 2 of 11 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"). 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• Meetings. 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. Operating 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. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark-up" for resale items such as sports equipment and food and beverages. Page 3 of 11 • 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. h. Budget. Approve and/or amend the annual budget and work program as specified in Section 3.01. Section 3. Budget and Revenue Reports. 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning May 1, 2002, and ending April 30, 2003. 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 April 30, 2003. 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 Management 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 three 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 Page 4 of 11 to St. 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. 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 Management Fees, Personal Services and Operating 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. Page 5 of 11 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 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. Page 6 of 11 11.01 It will be an event of default ("Event of Default") hereunder if either party hereto: a. Fails to pay or 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 7of11 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. §466.04. Section 14. Damage 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. 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. Section 15. Employees. 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, re - Page 8 of 11 employment 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. §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 therefrom, 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 of 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 requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: If sent to the City: City Administrator/Treasurer City of Stillwater 216 North 4th Street Stillwater, NIN 55082 If sent to St. Croix: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 Page 9 of 11 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. 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 Majeure. 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, St. 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. Integration. 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. CITY OF STILLWATER, a Minnesota municipal corporation Jay L. Kimble, Mayor Page 10 of 11 ATTEST: • Diane Ward, Clerk ST. CROIX CATERERS, INC. Richard Anderson, President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2002, before me, a Notary Public within and for said County, appeared Jay L. Kimble and Diane 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 in 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 al STATE OF MINNESOTA ) )ss COUNTY OF WASHINGTON ) On this day of 2002, 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 • Exhibit "A" St. Croix Valley Recreation Center Combined Revenue & Expenditures 5/1/2002 - 4/30/2003 Revenues Operating Expenditures Personal Services Goods & Services Capital utlay Management Fees Total Expenditures Revenue over/under (-) exp. •Add: Contributions TIF Interest Earnings Total Additions Lily Lake New Arena & 2nd sheet Fieldhouse Total 121,700 665,500 215,000 1,002,200 69,899 38,324 17,000 11,666 147,901 297,655 19,250 11,667 51,900 132,466 11,667 269,700 468,445 36,250 35,000 136,889 476,473 196,033 809,395 -15,189 189,027 18,967 192,805 TOTAL AVAILABLE 70,000 100,000 8,000 178,000 370,805 • Exhibit "B" St. Croix Valley Recreation Center Operating Revenue 5/1 /2002 - 4/30/2003 Concessions Advertising Tax Exempt Programs Other Programs Equipment Rental Figure Skating/Lessons Open Skate/Field Gate Miscellaneous Walking Golf Batting Cages • Total Revenue Lily Lake Main Arena 2nd Sheet Fieldhouse Total 1,200 110,000 10,500 95,000 16,000 220,000 60,000 5,000 62,000 12,500 36,000 25,000 4,000 110,000 20,000 4,000 135,000 60,000 5,000 5,500 4,000 1,500 95,000 25,200 575,000 150,500 5,000 62,000 17,500 36,000 25,000 5,500 4,000 1,500 121,700 531,500 134,000 215,000 1,002,200 Exhibit "C" St. Croix Valley Recreation Center Expenditures 5/1/2002 - 4/30/2003 Personal Services Manager Asst. Manager Clerical Zamboni Operator Custodian Attendants/Skateguard Concession Workers Total Personal Services Goods & Services Office Supplies General Supplies Conceion Supplies Uniforms Equip. Repair Supplies Other Minor Equipment Contractual Services Professional Services Telephone • Postage Cellular Phone Mileage Conference fees Gate Split Printing & Publishing Insurance Electricity Natural Gas Propane Equip. Repair Charges Sales Tax Membership & Dues Laundry Miscellaneous Total Goods & Services Other Capital Outlay Management Fees Total Other Total Expenditures Lily Lake Main Arena & 2nd Sheet Fieldhouse Total 23,333 13,066 1,000 20,000 12,500 23,334 13,067 1,000 65,000 25,000 500 20,000 23,333 13,067 1,000 12,500 2,000 70,000 39,200 3,000 85,000 50,000 2,500 20,000 69,8991 147,901 51,900 269,700 1,824 608 2,432 1,010 14,132 5,048 20,190 962 49,038 50,000 132 300 432 4,516 6,480 4,712 15,708 300 600 900 14,625 6,000 20,625 3,330 26,644 21,981 51,955 921 1,933 921 3,775 25 1,206 55 1,286 171 171 171 513 35 35 35 105 198 199 198 595 1,237 1,237 7,337 1,007 8,344 4,562 4,562 4,562 13,686 11,048 91,460 23,455 125,963 6,922 53,925 41,305 102,152 1,550 1,550 1,970 5,677 12,719 20,366 38 10,175 4,163 14,376 309 309 102 1,294 1,294 2,690 532 4,492 4,232 9,256 38,3241 297,655 17,000 11,666 19,250 11,667 132,4661 468,445 36,250 11,667 35,000 28,6661 30,917 11,6671 71,250 136,8891 476,473 196,0331 809,395 Bonestroo Rosene Anderlik & Associates Engineers & Architects Date: To: From: Subject: Bonestroo, Rosene, Anderlik and Associates, Inc. Is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook. P.E. • Robert G. Schunicht, P.E. • Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner, P.E. • Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon. P.E. • Robert R. Pfefferle, P.E. • Richard W. Foster, P.E. • David O. Loskota, P.E. • Mark A. Hanson, P.E. • Michael T. Rautmann, P.E. • Ted K. Field, P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. • David A. Bonestroo. M.B.A. • Sidney P. Williamson, P.E., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. • Thomas W. Peterson, P.E. • James R. Maland, PE. • Miles B. Jensen, P.E. • L. Phillip Gravel 111, P.E. • Daniel J. Edgerton. P.E. • Ismael Martinez, P.E. • Thomas A. Syfko, P.E. • Sheldon J. Johnson • Dale A. Grove, PE. • Thomas A. Roushar, RE. • Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar. MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com January 21, 2002 Stillwater Parks and Open Space Commission, Steve Russell, and Klayton Eckles Sherri Buss, Bonestroo & Associates (651) 604-4758 McKusick Ravine Project, Phase II This memo summarizes Phase II of the City's proposed McKusick Ravine project. The plans and specifications for this project are nearly complete, and will go to the City Council in February to request authorization to proceed. The project is expected to be constructed in the Fall, 2002. The project includes a variety of elements within the ravine itself, and around McKusick Lake and its wetland. These include the following: • Storm water infrastructure, including a pipe, diversions structures, and a new outlet at the east end of McKusick Lake • A created creek in the ravine • A trail/maintenance path in the ravine, and trails on the west side of McKusick Lake • Restoration of native vegetation in the ravine and repair of eroded slopes • Repairs to existing water and sanitary sewer infrastructure in the ravine The project elements are shown in detail on Figures 2, 3 and 4, and described beginning on page 2. Background This project is part of the Mitigation Plan that the City of Stillwater adopted with the Alternative Urban Areawide Review (AUAR) in 1997. State environmental rules require the City to implement this plan as the Annexation Area develops. The City developed the AUAR and Mitigation Plan in partnership with the State's natural resource agencies. The Plan details the steps the City will take to avoid, minimize or mitigate for the impacts of development in the Annexation Area. Brown's Creek, a 'designated trout stream, and rare species and plant communities near the creek will be protected through -implementation of this plan. The cornerstone of the Mitigation Plan is the diversion of stormwater from the Annexation Area away from Brown's Creek to McKusick Lake, to protect the trout 1 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 • Fax: 651-636-1311 stream and other rare resources from the impacts of development. A Technical Committee including representatives of several natural resource agencies, Trout Unlimited, Stillwater Township, several developers, and other concerned organizations developed the storm water diversion plan with the City. Brown's Creek Watershed District approved the AUAR and its storm water management provisions as the subwatershed plan for the area in the summer, 2000. After the completion of the AUAR, the City completed an additional study of the diversion's impacts to McKusick Lake and the stormwater system downstream to the St. Croix River. This study resulted in recommendations to enlarge the outlet at the east end of McKusick Lake, and improve the system downstream by creating an open channel (creek) in the ravine, and improving the pipe system from the outlet through downtown Stillwater to the St. Croix River. Figure 1 identifies the components of the full diversion plan. The components are identified beginning at the downstream end of the system. This is generally the order in which they will be constructed. Components that will be built in Phase II are highlighted with a *: A —Mulberry Point Storm Sewer Modifications at the outflow to the St. Croix (constructed Year 2000-2001) B—McKusick Ravine Phase I —Utilities improvements in Mulberry Street (constructed Year 2000-2001) *C—McKusick Ravine Phase II —Addition of the storm water pipe, creek, and Other construction in the ravine (to be constructed fall, 2002) *D—McKusick Lake Outlet modifications to handle diverted flows (to be constructed fall, 2002) *E—McKusick Wetland&Lake Structures and Trail (to be constructed fall, 2002) F—Brown's Creek Diversion Pipe and Channel at Golf Course (constructed year 1999) *G Diversion Structure at Zephyr Railroad (to be constructed year 2002) H—Long Lake Outlet and Channel Modifications (to be constructed after year 2002) McKusick Ravine Phase II: Project Elements Detailed Figures 2-4 show the elements of the McKusick Ravine Project, Phase II. 1. Storm Sewer Infrastructure The figures indicate the location of the new storm sewer pipe that will convey water from McKusick Lake through the ravine to the pipe completed under Mulberry Street last year. The pipe will be built largely on city -owned property. The City needs to acquire easements in a few locations along this route, as shown. 2 Other storm water structures will also be added to manage the flow of water through this system. The outlet at the east end of McKusick Lake will be enlarged to accommodate additional flow from the Annexation Area. A new weir (small spillway) will be added between McKusick Lake and its wetland, at the west end of the dike, to control flows to the Lake. A larger diversion structure will be constructed on the south side of the Zephyr Railroad tracks near the creek to divert flows from Long Lake and the Annexation Area to an existing pipe under Neal Avenue and toward McKusick Lake. A new channel for Brown's Creek was constructed by the Minnesota DNR along the north side of the golf course in 1999. The channel was designed to provide a connection for trout to migrate from the lower portion of Brown's Creek to the upper watershed, bypassing the warm water of the wetland north of McKusick Lake. 2. New "Creek" in the Ravine The additional storm water that will flow through the ravine after the diversion provides the opportunity to create a new "creek" in the ravine to improve habitat and provide an amenity. The creek will carry approximately 1-2 cubic feet per second (cfs) of water, about the same amount that has flowed in the channel in recent years when Lily Lake has been drained. At the same time that the storm water pipe is added to the ravine, the creek channel will be constructed and planted with native vegetation to resemble a natural creek. Existing erosion problems in the channel will be eliminated, and the creek flow will be controlled by the outlet and pipes that are part of the new system. In years of normal rainfall the creek will flow from spring to fall. It may be dry at times during dry seasons or years of low rainfall. 3. Trail/Maintenance Path The City's Comprehensive Trail Plan includes a proposed trail through the ravine, to connect trails from the Brown's Creek Open Space site and McKusick Lake to city neighborhoods and the downtown. This project will provide an opportunity to build the proposed trail. The City has reviewed options for trail design and surfacing, and is recommending a bituminous trail for the following reasons: • A bituminous trail will make the trail useable by a wider range of residents, including users with mobility limitations, families with strollers, etc. • Bituminous surface is needed on steep slopes to prevent trail erosion • The bituminous surface will require less frequent maintenance than gravel • City maintenance vehicles will be able to access the water, sanitary sewer, and storm sewer infrastructure in the ravine. • There is little or no difference in ecological impacts of bituminous surface, compacted aggregate, or compacted soil. 3 City staff reviewed several options for access to the ravine trail at Mulberry Street. A stairway was selected for access at this location to minimize the impact of the trail on the surrounding woodland. The City's Comprehensive Trail Plan also calls for a trail connection from the existing path on the east side of McKusick Lake to the Green Twig cul de sac west of the lake. The plans show the proposed route of this trail along the McKusick Lake dike. The dike will be raised at its western end and a weir constructed in this area to manage flows between the wetland and lake. The trail is proposed to follow the top of the dike to, then continue as a board walk through the wetland, and follow an existing City easement up to Green Twig. A trail spur is also proposed from the dike to the north, along an existing berm. Extending the trail further to the north is not proposed, as this would cross private properties or require extensive fill of the wetland in this area. 4. Restoration of Native Vegetation The woodland in the ravine is in a degraded condition. Without active restoration, its health will continue to decline. Human activities over the past 150 years, such as filling, building, and dumping have degraded the canopy and woodland understory in most areas. Invasive exotic species such as buckthorn and Siberian elm are so thick that it is difficult for native trees, shrubs, and wildflowers to regenerate. The ravine project offers an opportunity to restore better health to the ravine. As a part of this project, invasive species such as buckthorn will be removed. Areas disturbed for construction will be replanted with native trees and shrubs, and seeded with native seed mixes appropriate for the conditions. Most of the disturbance will occur at the bottom of the ravine, along the route of the existing channel. The construction will avoid cutting or damaging oaks and other native trees as much as possible. Any quality trees lost will be replaced with native species typical of the oak woodland community in the ravine. The ground layer in the construction area is dominated by non-native species such as reed canary grass and nettles. These areas will be seeded with native species after construction is completed. Erosion is occurring in several locations along the ravine, where runoff flows directly from streets into the ravine. These areas will be repaired and restored as a part of this project. 5. Repairs to Existing Infrastructure The City has surveyed the existing water and sanitary sewer infrastructure in the ravine. Needs for repairs in this aging system have been identified. Needed repairs to existing pipes and manholes will be completed as a part of the ravine project. 4 HWY. 96 BitEK BROWN'S CREEK TRIBUTARIES HWY. 36 LONG OAK GLEN/ ICtiSICK AND r: -McKUSICK `` LAKE '" -� - DOWNTOWN -- STILLWATER ST. CROIX RIVER DIVERSION IMPROVEMENTS A. Mulberry Point Storm Sewer Modifications B. McKusick Ravine - Phase I (Mulberry Street) C. McKusick Ravine - Phase II (Ravine) D. McKusick Lake Outlet E. McKusick Wetland / Lake Wier F. Brown's Creek Diversion at Golf Course G. Long Lake to McKus ck Lake Diversion H. Long Lake Outlet,Modifications •ROJECT LOCATION AND SURROUNDING AREAS STILLWA 1'bR, MINNESOTA McKUSICK RAVINE STUDY \510\51099102\CAD \AVPROJECTsPROL[AC.APR 7-26-00 HDG COMM 51099102 FIGURE 1 W N S E Bonestroo v Rosene 1-1 Anderlik & Associates Engineers & Architects -------------------- ------------------------------------- : -_ - _ ' dT ; _ "_--;:,;= _-``;; ___--T� - `�- Ali'„1 i 1 �4 ', r • L 1 i f- , J SP ,� J r--' W. Mulberry St. if 'l t PROPOSED \ STORM'SE i W cn H z w w 0 � a� m lal Z WOO Zw�5 - cn o Z _v f"— o (/) 0 Q w wQ z a - j =L I- LL N O o 0 0 50 100 Scala in fMt 11\5f11\SIMnI(1<\�,,,1�.�...•\clnm,ncrnl .1,_.. n1 i,c',nna no.c.a.o nu rcr 510-00-106 91EET NUYSE31 FIG. 2 ti it --', I. , �1r.1 " �� ---1 r r rr 1 , I r � i 1 :1 __ i r 1: — , �' i---L. — j �. n Jr J ILI- r ' f` Y r r _ 1 ' '----'y _ �y ;,,,..1 r ' �_T.rJ--' !`'i — :: \ ` • r �-J' r ss ` i it la* i rr i , r 4 r , ' 1: Ti ------- r--- I __^_ ' ^_--- 5: _/. #Z ---- ` ,�30� -. i . II _— ___-%;r T — 1 r'r J H i • ---1 \ `"''‘-. r - r F-O r r r___� ti r ri i_,_ ' a4 W. Laurel St. • W. Linden St. d I r a_4 1.1 r !1.-4 _r --- 1 F. a NOSENE, ANOENLIK k ASSCCIAIES cn tt,tym co co g O O 0 y , �■r W3 0 50 C ^� Scale in feet Ir\510\5I000106\cnd\deq\51000106FO1.deq O1/16/2002 09.53r50 AM CST 100 310-00-106 SHEET nwru FIG. 3 • v4 ObOaiif ftibTWITO FINAL TOP OF BERM EL. 858.5 LAKE MCKUSICK SPILLWAY STRUCTURE TO BROWN'S CREEK (w/FOOT BRIDGE) EXCAVATE / CLEAN CHANNEL TO LAKE rs'y' BOARDWAUC 4.011ffailgeb OUTLOT I 0+00 EDGE OF WATER (JAN. 2002) N. N. TOP OF 10' HIDE BERM. EL 880.0 TOP OF EXISTING BERM (BASE UNE) Vita. Mem LAKE MCKUSICK NV& 853.0 HM_ 855.7 ss, QH \ • ••\ EXISTING TRAIL GRADING UMITS III (TOE OF 2.7:1 SLOPE) EXISTING TRAIL 0 50 100 Scole in feet ffi MP! 900 890 880 870 860 850 1 PROFILE TOP OF SLOPE SOUTH SIDE OF EXISTING BERM (BASE UNE) CONSTRUCT BERM TO EL. 860.0 ;FINAL EL OF BERM 857.7 1900 - z 0 0 (/) 890 (A.1 Z LLI z`n 0> -2 880 (2 5 0 8 2 c 1-1-1 870 r - m 860 1E1 2- ° fiCrag 850 840 I ' i ....... i , i \ :f . ' \ :..,• ...., ..; . CO CO to 0 cn 0 0 co co r•-• 0) cu to 03, N ru. 0) 4 co 4: cn 03 .4: 1: .0-: 4 ri .4, 4 fey r's ri : rn • u-i tri 6 uS u:, r-::: r-:: ‘r) ul, to to 21 tn. ul ,r): u-) ull to ul ul try (0 o ,r) ul- in ,r) ,r) to to 03 CO CO CO CO CO CO i 00 . CO , CO oa oa oa co, co co co co 03, 03 oa : • I 1 • 840 44fi slo0cio5oo4 1 0 + 00 9+00 8+00 7+ 00 6+00 5+00 4+00 3+00 2+00 1 + 00 NUMBER .04 HIGH POINT ELEV = 887.70 HIGH PONT STA = 0+24.88 P1rr3Tn t rw PM ELEV =888-00 A.D. _ 7.62 K = 6.57 150.00' VG ->s LAKE MCKUSICK NWL 853.0 HWL 855.7 0 50 100 Scala In feet a a n '0 O 0 .-I Cr 1 In 0=zn1 z.'1 I y go. m' m U1 t 1 N a. 900 890 0 rZ 8 0 PVI STA = 1+40 PVI ELEV = 881.86 A.D. = 5.72 —1C= 5 1 50.00' VCI m- Y e, m to 880 PVI STA = 3+00 PMELEV =881.18 A_0 7=7:58�" K = 13.20 100.00' VC EXISTING@ PROFILE 8 W W S 870 EI.EV e75.18 0. 900 890 860 850 PROPOSED C. PROFILE BOARDWALK EL 0.)0S 855.0 PM STA - 12+28.16 VI ELEV . 855.00 NWL 853.0 840 ZLEY 880 870 860 L850 840 r,•,c m nm al 8 f] N m m 8 N• m m c N �Oori A tsto 51000106c51 oar NU116E 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 C5.1 I 2 EX. GROUND EX. CREEK S0 so 100 \Sixes in test / TRAIL ENDS AT WET LAND TOP OF BERM 858.5 5' EXISTING CREEK PROPOSED BERM N N N N // / i N // {,1 / N N j1 / 7 / / : % / / \ / Nil / / ./i/ �. / i / r/ii / / ,�r ' \ „„The,„ LAKE MCKUSICK SPILLWAY TO BROWN'S CREEK (w/FOOT BRIDGE) 0 oag aSa 3 g1s 5�z d tU i �Q)O'u C tn-0 u0i, OOCtn ma'QQ Oo th Ld Z j z Zp° M W 3 o W y w Q U y N J 0 furito 41) 51000105C11 SHEET 14.001 C5.1 ' • • Memorandum To: Steve Russell, Community Development Director Stillwater Parks Board From: Klayton Eckles, City Engineer Date: 11/02/00 Re: Update on the McKusick Ravine Plan Preparation At the most recent Parks Board meeting, a representative from the McKusick ravine area was present. The representative requested an update on the status of the McKusick Ravine Design and the McKusick Ravine Citizen Advisory Council. This project is currently scheduled for construction next year. Very little design work has taken place as of yet. It is anticipated that the design will take place late this winter and next spring with the midsummer start up. The first significant step in the process is to develop a preliminary design with the following criteria. • Meet project objectives for controlling McKusick level. • Construct the project in such a way that is stays on public land. • Minimize impact and disturbance of the ravine area. • Provide emergency and maintenance vehicle access. • Develop trail options based on preliminary design. • Develop restoration options. After the preliminary design has been completed and options for trailway and restoration have been developed, the project can be made available for public comment. It may be appropriate to set up the comment process through the Park Board. The Park Board seems to be the appropriate venue for gathering neighborhood input and concerns and weighing this in balance with the City's overall objectives for our park system. After public comments have been received, the final design can be completed. If any residents or park board members have questions about this process, I would be available to discuss this issue further. 6-7'13 //— 2.-1—ve' May 4, 2000 PROPOSAL To: Stillwater City Council From: Community to Protect the Ravine (CPR) Re: McKusick Ravine Project 146c=77/t?, Thank you for this opportunity. This proposal represents the very best in local government working with citizens to accomplish mutual goals. It is also cost effective for the City when citizens take responsibility for doing some of the work. We hope you give this your greatest consideration and decide that we can all move forward together. Thank you. Our proposal to you consists of the following basic elements: • that the City drop its plans for a paved maintenance road and instead create a rough clearing for maintenance vehicles, with the possibility of a path with some natural cover, and with one access point for each half of the ravine, • that it is assumed that there will be no assessments given that state and development generated funds are dedicated to this project, • that the City Council create the "McKusick Ravine Citizen Advisory Counc' • that this group consist of 4 to 6 citizens from t e neig -borhood surrounding the McKusick Ravine who have become active in the issue and who have skills, talents, and educational backgrounds to make positive contributions, • that the McKusick Ravine Citizen Advisory Council contribute volunteer in -kind services to the City; for example, fundraising for restoration activities, volunteers to remove brush, to do plantings, to maintain the ravine, connections with landscape design resources such as the UofM School of Landscape Architecture, coordination with area schools for restoration and nature study projects, etc. • that the City Council direct city staff and consultants to work with the McKusick Ravine Citizen Advisory Council as planning partners; specifically to address issues of great concern to citizens such as minimizing tree loss, minimizing destruction to the natural environment, keeping a stream above ground the length of the ravine, and accomplishing the aforementioned alternative to the paved road, • that the City Council direct City staff, consultants, and the McKusick Ravine Citizen Advisory Council to present an agreed upon final project plan to the public and the City Council at an appropriate time, • and that at the conclusion of the project the City will consider entering into a formal ravine stewardship agreement with CPR. Again, thank you very much. • MCKUSICK.. Kavine group develops plan Council Member Thole says he supports residents By MARK BROUWER Stag' Writer STILLWATER - A neighborhood group is asking the City Council to drop its plans to build a paved maintenance road through the McKusick Ravine and wants a voice on an advisory council, according to a propos- al sent to City Hall this week. Community to Protect the . Ravine, a group of residents living mostly near the McKusick ravine on the city's North Hill, released the proposal on Tuesday and said they are looking for a chance to publicly discuss it with the council. "We hope that you- give this proposal your greatest consideration as soon as pos- sible and .that you decide we- can all move forward together:There are quite a few citi- zens who would like: to jump in with both feet and make this project a great one," the unsigned proposal states... The proposal consists of several ele- ments: • The group wants .the city to drop its plans for a paved maintenance road and instead create a rough clearing for mainte- • nance vehicles; or possibly a patch with nat- ural cover, with one, access.point for each half of the ravine: ''`:°' '=` ' • The group wants the city to create an advisory council consisting of 4-6 neighbor- hood residents. The advisory council would contribute volunteer services, such as fund- raising for restoration activities and to hele maintain the ravine. The group also want! this council to be recognized as planning partners for the project along with the Cif}+ Council and city staff, who would present final project plans to the public as a group. • The group wants to ensure that they will not pay • assessments toward the project, because they believe it should be paid for by development fees and state funding. Currently, the city has no plans to charge assessments. • After the project is finished, the group wants the city to enter a "formal ravine stewardship agreement" with them. Becci Cox, a Cherry Street resident and McKusick :(Continued from page 1) an organizer .for the 30-member group, said .this morning that the neighborhood would help` the city with .cleaning 'OP 'the ravine — which was long used as a trash depository by early. Stillwater resi- dents —, and restoring it to a more natural state by removing buck- thorn. It would also help raise money to fund restoration and preservation efforts. ` "I hope to see the ravine regarded • by the community as a resource and treasure to be protected, and I hope that there's greater awareness of the ravine and use of the ravine as a wild space," she said. Eric Thole, a City Council mem- ber representing the North Hill, said he has been in close contact with the group and that he supports the pro- posal. ;However, 7,he said • it likely Won't be brought to ..the City • Council for;at least a year.. ' r "This isai extensive run=offpro= ject;running 'froth Lake McKusick all the way'down to the St. 'Croix River. -We're .starting the .project downtown and moving up, so it will be a year or two before the pipes are installed in the ravine," he said. However, he added that the pro- posal will be a good guideline for the future and that he is working to get support among existing council members. He also stressed that the propos- al, if accepted, would not be legally binding, but would be an under- standing between the city and GAZETTE S/19/a6 neighborhood residents. "A council now can bind a coun- cil in the future if there. is a legal contract. But this isn't a contract, this is an agreement," he said. "The neighborhood has done a wonderful job organizing and com- ing up with this, and it would be nice to get something done for them ... if it were up for a vote today, I'd definitely be in agreement," Thole said. The neighborhood is reacting to a $1.6 million plan the city has approved to handle increasing amounts ofrun-off coming from the western part of the city. Plans call for a 2-foot diameter underground pipe to carry water from McKusick Lake to the St. Croix River under the ravine, which is mostly city - •.owned. - .. According to City Engineer Klayton Eckles, the proposal would preserve the ravine's aesthetics by allowing a stream of water to con- tinue overland, while the pipe would prevent erosion by taking care of excess water. An 8-foot-wide ser- vice road would be used by city crews to access the underground pipe for repairs, as well as by resi- dents, who could use the trail as a link joining downtown with the. McKusick Lake area. The pipe would also build room into the downtown storm sewer sys- tem by taking excess flow from Second, Third and Fourth streets on its way to the river. See McKusick, page 10 • PRESS RELEASE April16, 2000 Contact: John Vaughn Home) 651-430-3766 Work) 651-772-2075 Email) jvaughn(2i Daytonsbluff org For Immediate Release Community To Protect The Ravine Proposes Compromise Community to Protect the Ravine (CPR), a citizens group formed in response to plans by the City of Stillwater to route a storm water diversion project through the Mulberry Street (McKusick) Ravine in the North Hill, has come forward with a compromise. CPR will bring their compromise forward to the City in the upcoming weeks. The basic elements of this solution are: minimize tree loss, no asphalt road, open water the length of the ravine, and local residents forming a partnership with the City of Stillwater for the restoration and the continued stewardship of the ravine. "This alternative solution allows the City to accomplish its primary goal of diverting the storm water run-offs, while maintaining the natural beauty of the ravine. The neighborhood is really very excited about becoming ravine restoration partners with the City. We will even help them fundraise", said Becci Cox, who lives adjacent to the ravine. The City's plans to take 42 trees over 6" in diameter and many smaller ones, to install a drainpipe the length of the ravine, and to pave an. asphalt road next to the drainpipe has stirred controversy amongst local residents. The City has also promoted adding the Mulberry Street (McKusick) Ravine to the linear park system and using the road as a bike path. On Thursday, April 20`h at 7PM at Stillwater City Hall, City staff will publicly review plans for the Mulberry Street (McKusick) Ravine. CPR encourages the public to attend. The City released a report last November that identified a drainpipe through the Mulberry Street (McKusick) Ravine as the best alternative for draining Lake McKusick from the elevated water levels caused by storm water run-offs from the developments surrounding the historic part of Stillwater in areas recently annexed by the City. The entire cost of the project, which continues on from the end of the ravine through downtown and into the St. Croix River, is $1.6 million. In February, the City obtained a loan from the Minnesota Department of Natural Resources for $1.1 million. This loan will be paid back from development impact fees, although the City can also issue general obligation bonds. North Hill residents became concerned about the impact of this project on the ravine in late February and CPR was formed. Many residents regard the ravine as a local natural treasure that has a rich multi -generational history. After holding a public forum on March 16th, CPR began a petition drive and began to discuss alternatives to the City plan.