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HomeMy WebLinkAbout2001-04-23 PRC Packet . . . ~i!w~te\ THE BIRTHPLACE OF MINNESOTA ~ STILLWATER PARKS AND RECREATION BOARD MEETING NOTICE APRIL 23,2001 The Stillwater Parks and Recreation Board will meet on Monday, April 23, 2001 at 7:00 p.m. at Stillwater City Hall in the Council Chambers Conference Room 213,216 N. 4th Street. AGENDA 1. Approval of March 26, 2001 Minutes. 2. Planning Items: Staples Field Old Athletic Field 3. Management Agreement for Recreation Center/Lily Lake. 4. Lowell Park Use Policy. S. Request to sell necklaces July 4th. 6. Final Lake Links Trail Network Master Plan. 7. Presentation of River Parks Center Concept. 8. Other items. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . City of Stillwater Parks Commission City Council Chambers March 26, 2001 Members Present: Michael Polehna (Chairperson), Robert McGarry, Linda Amrein (Vice- Chair), Sandy Snellman, Wally Milbrandt (City Council Representative) Absent: David G. Junker, Dawn Flinn Others Present: Steve Russell, Community Development Director and Klayton Eckles, City Engineer/Public Works Director Mike Polehna called the meeting to order at 7:00 p.m. Approval of Minutes: Linda Amrein, seconded by Rob McGarry, moved approval ofthe February 26, 2001 minutes as presented; motion passed unanimously. Linda Amrein later pointed out some clerical errors in the minutes that will be corrected. Staples Park Survey Review Steve Russell presented the Staples Park survey results to members and to Burton Dvergsdal and George Thompson residents of the Staples Park neighborhood. George Thompson stated that the survey did not explain the problems that are occurring at the park, specifically the basketball court. Mr. Milbrandt explained that the survey was intentionally designed to be non-prejudicial. The neighborhood residents reiterated the problems as listed in Exhibit A of the survey. Different solutions to the problems were discussed, including a suggestion by Mike Polehna to turn the basketball court into a tennis court, take the baskets down and leave the hard surface for rollerbladers and children on tricycles, tearing down the baskets and reinstalling them at another location (this, the commission members agreed, would only move the same problem to a new location). The isolation of this park was cited as the main reason for all of the problems. Rob McGarry stated that his children frequented the park and had not encountered any problems with "bad elements". He wanted to know if the residents are simply having trouble with noise and not necessarily outsiders. Ms. Snellman suggested restricting the parking near the park which would deter the "outsiders" from driving to the park and abusing the facilities. The residents indicated a willingness to help turn this area back to parkland with flowers, benches a gazebo, etc. Steve Russell suggested moving the basketball courts to the recreation center. The general concensus was that the park was fine but the location was terrible. Mr. Milbrandt stated that there is no real solution to this problem and recommended closing the basketball portion of the park before the season arrives. . . . A motion was made by Linda Amrein and seconded by Sandy Snellman (with reservations) to recommend to council to disable and lock up Staple's basketball courts and direct staff to find other uses for this property and another location for the basketball court. Vote in favor; Mike Polehna, Linda Amrein, Sandy, Snellman, Wally Milbrandt, opposed - Rob McGarry. Motion passed 4 to I. Pioneer Park! Aiple Property Brush Cutting Steve Russell discussed that at their last meeting, city council members received a revised Aiple Property Park plan. They then requested that some preliminary work, i.e. brush cutting/clearing be done at the Aiple property to at least allow for early use/access. This suggestion was made by Terry Zoller & John Rheinberger. It was then recommended that the City Council refer this matter to the Parks Board. Mr. Russell asked if the Parks Board members want to do a thorough, quality job or some "quick & dirty" things just to get started. The response (at least regarding Lowell Park) was let's do it well. Ms. Snellman had questions regarding safety and liability issues considering the present condition of the Aiple property. At this point there are no capital improvement funds/budget to make any substantial improvements. Klayton Eckles suggested that if we wanted to do anything of substance to this park that it should be part of the capital improvement program; worked into the budget and dealt with as a project. Mike Polehna questioned why they could not just "clean" it up for now, meaning clearing brush and cutting the "scrub" trees before they get more than 6" in diameter (the point at which they could no longer be cut down according to the Wild & Scenic River Act). Using the "Sentence to Serve"or the Twin Cities Tree Trust groups to do the clearing/clean-up was discussed. The possibility of corporate funding or matching grants being obtained was also discussed. Mr. Russell also stated that Congressman Luther was seeking funds that could be applied to clean up of the Terra building and surrounding area. Ms. Snellman asked if she was correct in thinking that funding for the park is tied in to the new bridge. Mr. Russell stated that some funding should come in at different stages of bridge completion. Wally Milbrandt stated that this was a clean-up issue not an improvement issue. He also recommended that this issue get directed to Klayton Eckles and Tim Thomsen for funding and work orders. Linda Amrein expressed concerns regarding brush cutting at Pioneer Park and asked that care be taken to realize the impact this clearing might have on the properties below Pioneer Park. Wally Milbrandt moved to direct Klayton Eckles to secure funding for minimal brush cutting/clean up at both Pioneer Park and the Aiple property. This motion was seconded by Sandy Snellman. Vote all in favor. . . . Long Range Park Plan Steve Russell reported on earlier meetings, both City Council and Planning meetings that involved Parks issues. Mike Polehna presented copies of the Washington County Parks Use Policy and a copy of the City of St. Paul's Parks & Recreation use policy. Klayton commented on the Public Works issues involved with Lowell Park and its use/abuse during big event weekends. He spoke of the difficulties of developing and maintaining the park and wanted the commission members to be aware of the significant amount of time & energy that is involved for public works. He asked at what point do we want to draw the line regarding events in our parks, the frequency of the events and the way our facilities are used and abused. To this point, Mr. Eckles felt that the city essentially gives the parks to the users and accepts it back in whatever shape it is in. Perhaps a bigger damage deposit or greater deterrent to damaging the city's property is in order. When questioned by Ms. Amrein regarding the amount of damage deposits, Mr. Eckles stated that perhaps a $5,000.00 amount would be a greater incentive for groups to better oversee the use/abuse of the parks and take more care in cleaning up after themselves. Commission member McGarry suggested that the scheduling of each event be contingent on the condition of the park after the previous year's event - let the big event users know that nothing is automatic. All were in agreement that there is a lot being done in a very limited area. Mr. Milbrandt stated that the most important thing to be done for our parks, at this time, is to make a plan (similar to the Comprehensive Trail Plan), prioritize the items, and decide where & when time, energy and money should be concentrated. Don't just create parks and expect that they will maintain themselves. Steve Russell stated that funding sources are critical and that it is important that the parks commission get their projects prioritized as previously stated by Mr. Milbrandt. It is time to gather all that has been done on park plans, comprehensive plans, etc. and make a presentation to the City Council at a 4:30 p.m. special meeting. Wally Milbrandt stated "get this on their radar screens". Steve Russell will get this on next month's agendas. Brown's Creek Clean-Up Day. April 21st 9:00 a.m. - Noon Klayton Eckles explained that clearing the invasive trees and shrubs from Brown's Creek will be the main goal of the clean up day scheduled for 4/21/0 1. Linda Amrein asked if it was common practice to hold school cross country events on city property. She was told that yes it is. Mike Polehna reiterated his offer of some redwood platforms to be used in some areas of Brown's Creek Nature Preserve. Steve Russell asked the board to consider posting the trails in the Nature Preserve area as "No Bicycles". He recommended that if this is the intention then it should be accomplished before the trails dry out. . . . Wally Milbrandt moved that no off-road bicycles be allowed on the disc golf or the nature preserve areas for the 200 I season and until the matter can be thoroughly researched. Linda Amrein seconded the motion. Vote all in favor. Other items: Klayton Eckles had a request from his neighborhood to install and maintain bluebird houses in the public park area at Creekside Crossing. No one could see a problem with this. Steve Russell will check into putting a request for a volleyball court at Northland Court on the next agenda. Wally Milbrandt called for a motion to adjourn at 9:00 p.m. Motion made by Wally Milbrandt and seconded by Rob McGarry. Vote: all in favor. Respectfully submitted, Kathy Rogness Recording Secretary . . . T~L-J MEMORANDUM TO: Steve Russell CC: Klayton Eckles and Tim Thomsen FR: City Administrator RE: Old AtWetic Field Playground DA: AprilS, 2001 Councilmember Zoller would like to have staff prepare a plan for the playground that is to be installed at the Old Athletic Field. ISD 834 recently gave the City permission to develop a playground at the field (see attached agreement). Mr. Zoller is asking that a survey of the neighborhood be made to determine what the playground should consist of. This matter should obviously go through the Park and Rec. Commission and we also need to let ISD 834 know what is being planned (Dan Parker, Business Manager, would be the ISD 834 contact person - 351- 8321) Please see me if you have any questions (you should also talk to Councilmember Zoller about this matter, as well). " Thanks. -#~ . . . RESOLUTION 2001-69 APPROVING AGREEMENT BETWEEN THE CITY OF STILL WATER AND INDEPENDENT SCHOOL DISTRICT 834 FOR USE OF OLD ATHLETIC FIELD BE IT RESOLVED, that the agreement between the City of Stillwater and Independent School District 834, providing for the installation of playground equipment at the "Old Athletic Field" is hereby approved. Adopted by the City Council this 3rd day of April 2001. J4t4k ATTEST: ~ 1iJtVtd- Diane Ward, City Clerk 03/30/01 FRI 08:56 FAX 612 351 8380 IND SCHOOL DIST 834 14l(l1l~ Letter of Agreement between the City of Stillwater and Stillwater Area Schools I Independent School District #834 . The City of Stillwater has proposed the installation of a neighborhood playground on District 834 school property. The following is intended to define the agreement between the City and School District in the development and ongoing care of this park. Proiec~ Understanding The City of Stillwater will install and maintain playground equipment on property owned by District 834. This property is located between 5ln Ave. So. and 6th Ave. South and south of Burlington Street. This site is commonly called the Old Athletic Field. Location The playground will be located in the northeast comer of the property. A detailed plan must be submitted to the School District and approved prior to installation. The plan shall include description of equipment; location and necessary site preparation. The site will be 100 -150 square and be fenced with a cyclone type fence. . Cost of Eauipment. Installation and Upkeep The City of Stillwater will be totally responsible for cost of the equipment, installation and upkeep of this playground. City staff will be responsible for timely inspection and repair as needed. Liability The City of Stillwater agrees to indemnify and hold District 834 harmless for any liability associated with the installation, use and maintenance of the playground equipment and this playground. The City of Stillwater shall provide a certificate of insurance listing the District 834 as additional insured as it pertains to this equipment, the site and activities. Term of Agreement This agreement shall be through December 31,2006. Based on staff review and recommendation, the agreement may be extended for an additional five (5) years. It is agreed that either party may terminate this agreement with 90 days written notice. The City agrees to remove, at City expense, the equipment and fence within 90 days of the termination of this agreement. A?jifi!/? Date Accepting for Stillwater Area Schools Date e . . . Washington County Parks Section Commercial Use Policy Purpose: The Parks Section mission is to develop, operate, maintain and preserve a system of public parks, open space areas, natural resources, and recreation facilities to ensure the provision of cultural and recreational opportunities for all segments of Washington County residents. Policy: The natural resources, wildlife, and unique physical amenities within the Washington County Parks make them desirable for additional activities which may not be offered by the Parks section. The purpose of the Parks Section is to protect the public interest, the natural resources, the investment in the park system, and provide for planned public use. Reasonable fees shall be charged for the specific/exclusive uses of park properties and facilities that result in commercial gain and benefit. Washington County prohibits the use of its property in conjunction with commercial activities unless specifically authorized. Procedure: All special use permits must be requested in writing through the Parks Manager. It shall be the requesters responsibility to advise the Parks Manager of needs beyond existing park facilities and anticipated demands on existing facilities. Upon written notification of park use, the Parks Manager, or designee, shall discuss conditions of use and prepare a permit that designates area/facilities, time and conditions of use. Fees for park activities which can be considered "usual/standard" shall be established by the Washington County Board of Commissioners. Fees for "unusual" park activities will be negotiated and established by the Deputy Director of Operations. Factors to be considered in establishing the user fee are as follows: 1. The commercial value of the activity 2. Extraordinary services required of the Parks Section 3. Size of area and type of facilities requested 4. Impact on park areas 5. Comparable fees charged by other agencies . . . 7. FN/commercial 6. Number of days requested The promotional value of the activity 8. A Certificate of Insurance is required prior to approval of a special use permit. . Saint Paul Division of Parks and Recreation Revenue Policy I. Mission Statement The Division's mission is to develop, operate, maintain and preserve a system of public parks, open space areas, natural resources, and recreation facilities to ensure the provision of cultural and recreational opportunities for all segments of the population. II. Authority and Responsibility The revenue pOlicy was reviewed by the City of Saint Paul Parks and Recreation Commission and was recommended for approval by the Saint Paul City Council on May 12, 1992. The Saint Paul City Council adopted the policy on . III. Policy Review This policy shall be reviewed and updated annually by a revenue policy review committee made up of the following: Two representatives of the Saint Paul Parks and Recreation Commission, the Superintendent of Parks and Recreation, and two Parks and Recreation Division Managers. The review process shall be completed by October 15th of each year. Any changes or additions to the policy shall be implemented as of January 1 of the following year. IV. Statement of Philosophy The basic philosophy of Saint Paul's parks and recreation program is to offer year round diversified recreational services, ensuring that all citizens have equal opportunity for participation. However, since the demand upon the Division is greater than the pUblic's ability to appropriate public funds to support that demand, it becomes necessary to identify a variety of supplemental revenue sources to support these services. These alternative sources will include fees and charges . -1- . v. . . for services, lease agreements where a recreational service is provided to the public by the private sector and leases of Parks and Recreation land to private sector non-parks related activities. In the latter case any lease of public land should be examined to insure that a public good is served or a public purpose will be achieved before such a lease is implemented. Fees and charges and other revenue generated will supplement appropriated funds, not replace them or be used to diminish government's responsibility to provide for basic parks and recreation services. The implementation of fees and charges must always be measured against the public's ability to pay, the ability of the Division to serve all citizens in an equitable manner and the Division's ability to collect fees practically and economically. strategies such as group rates, vouchers, free days and scholarships should be used to insure equity. Need for Revenue Due to the diversity and variety of programs and services offered by the Division of Parks and Recreation there is a never ending demand for revenue. Secondly because of the public's demand for new and expanded services this revenue demand has and will continue to outgrow the City's ability to fund all requested services. Therefore, an analysis of how various services are financed is necessary. A. Services 1. Basic Services The City will continue to deliver what has traditionally been considered the basic Parks and Recreation services at no charge to users. These services should provide for the preservation of natural resources as well as promote the physical, social and mental health of the citizens of Saint Paul. Additional programs and facilities that serve a large portion of the population should be general fund supported. Such services as picnic areas, parks, trails, recreation centers, playing fields and concerts fall into this category. 2. Specialized Basic Services Several parks and recreation services which are common to most parks and recreation agencies in -2- . . . the United states will continue to receive general fund support to help offset their costs. Due to the high cost of providing such services the users cannot be expected to provide for the entire cost of the services. However, because the specialized nature of the services and the somewhat limited user group it is necessary and appropriate for the user to share in the cost of providing the service. The Division of Parks and Recreation will review each service to determine the percentage of cost that should be recovered through fees. The fees that are set should not unduly impact on the Division goal to service all citizens in an equitable manner. Services that fit this category include swimming pools, various activity classes, ski programs, youth athletic programs and some special events. 3. Cost Recovery Services Several services offered by the Division of Parks and Recreation are of such a specialized nature, requiring a single use facility or serving a small portion of the population, that it is appropriate that the users be responsible for the entire cost of the program. Fees for such programs will be set to ensure that total projected cost recovery will be achieved. Services found in this category include golf, marinas, adult athletic programs, many special events, and rental programs (canoes, sailboats, etc. ) 4. Profit Making Services Some services offered by the Parks and Recreation Division will not only pay their own costs but will also provide a profit that can be used to subsidize other services that are unable to generate significant revenue for their own support. Justification for this practice is that these activities will have exclusive use of a facility or park land that is usually available to the public. Such activities are usually run by a private business or promoter that is trying to secure a profit from its operation. Services in this category include special events such as festivals, craft fairs, tournaments, amusement rides and food concessions. -3- . B. Capital Improvements 1. For the most part, capital improvements to facilities and the acquisition and development of new facilities will be the responsibility of the City's Capital Improvement budget. A second source of revenue available to the Division for capital improvements is the Metropolitan Council, which provides grant funds via its Metropolitan Parks and Open Space Commission for capital improvements in the City's Regional Parks. Acquiring capital dollars from the Metropolitan Council will continue to be a priority of the Division of Parks and Recreation. 2. It is appropriate for some services offered by the Parks and Recreation Division be responsible for some of their capital improvements either in part or completely. In these cases, the service being offered will be responsible for repayment of capital costs it receives through the various user or rental fees generated by the service. Examples of services that may fall in this category are marinas and golf courses. . 3. Capital improvements can also be provided to the system through joint partnership with foundations and other philanthropic organizations. It should be the responsibility of the Division of Parks and Recreation to identify the need for these improvements. The Parks and Recreation Commission and ultimately the city Council will approve such fund raising partnerships. An example of this type of capital improvement relationship is the partnership between the City and the Saint Paul Foundation for improvements to the Como Park Conservatory. 4. In most cases low cost capital improvements to facilities or park lands should be the responsibility of the general operating budget for the activity providing the service. The nature and scope of these improvements will differ from activity to activity depending on the activities ability to generate revenue. VI. Revenue Sources The Division of Parks and Recreation relies on several . sources to fund the various services that it provides. -4- . One of the difficulties faced by the Division is the uncertainty that surround funding sources from one budget cycle to another. The dilemma of not knowing if funds will be available to the Division from year to year makes planning for the future difficult. Consistency in planning makes it imperative that the Division identify permanent and consistent revenue sources. These sources should include: A. Taxes The Division must continue to receive tax revenue from local, regional, state and federal sources. When the availability of tax revenues are reduced, the Parks and Recreation Division should not be asked to absorb a disproportionate share of this reduction when compared to other City services. Secondly, the City and the Division must continue to lobby for State revenues issued through the Metropolitan Council to be used for the operation and maintenance of regional parks as well as for capital improvements. B. Grants . The Division of Parks and Recreation will pursue grants that will enable it to accomplish its mission and better serve the public. Grants will be pursued for the following purposes: 1. Studies to determine public needs, wants and desires. 2. Feasibility studies to determine what new or expanded services could/should be implemented by the Division. 3. Inventories of Parks and Recreation owned resources. 4. Determine potential future programs. 5. Capital improvements including both natural resources and man made resources. 6. Scholarships that allow for the use of services that require fees by those not able to pay the fees. C. User Fees . The amount and type of user fees charged by the Division of Parks and Recreation will be determined -5- . on a case by case basis. Any increases in fees should be tied to rising costs to produce the service. Before a user fee is implemented the Division will use all or some of the following criteria to determine its feasibility. 1. Determine actual or projected operating and maintenance costs. 2. Estimate" the public good, need or want that will be attained through the service. 3. Compare fees charged by other public agencies providing the same service. 4. Determine the cost to operate a fee program. 5. What level of program cost will the user fee cover. 6. What is the cost to control access to a service or facility. 7. What does the private sector charge for the service. . 8. What barriers will the user fee create. 9. will the user fee enhance the service being provided. D. Service Charges The Division of Parks and Recreation may recommend to the Parks Commission, City Council and Mayor the installation of a service charge to pay for certain services that are provided that enhance a citizens business or residence. Tree trimming and grass cutting on parkways and boulevards are two services where a service charge may be appropriate. E. Leases The Division of Parks and Recreation will lease parkland to the private sector or other public agencies in the following instances: 1. To enhance the Division's recreational services menu by offering services that the Division cannot provide due to an absence of capital dollars. . -6- . 2. To provide a recreational service to the public that can best be provided by the private sector due to the private sector's ability to deliver the particular service in a more efficient manner. 3. To generate revenue for the Division by leasing land to the private sector for non-recreational purposes. criteria to be used to determine the feasibility of this type of lease include: a) Is there a public benefit from the lease. b) Any structure on the leased premises must be located so that it does not interfere with the present use of the land area. c) The location of any structure on the premises may not restrict any planned future uses for the site in so far as they are known. (Should a plan be in the early developmental stages, leasee must agree to relocate from the site at a future date. (Expansion, change in use, etc.)) . d) The structure can be incorporated into the site so that its appearance does not unduly detract from the park, athletic field setting, or the neighborhood. e) The Division of Parks and Recreation will receive just compensation for space it leases. f) The leasee must agree to obtain and pay for all approvals, permits, etc. from the City and any other governing body, as may be necessary or required for placing of a structure on the leased site. F. Concessions 1. The Division of Parks and Recreation will operate food concessions at its facilities to serve food as an amenity to the prime service being offered at the facility. . 2. It is the policy that concessions operated by the Division must be operated on a for profit basis so that revenues generated can help offset the cost of the prime service, or be used to reduce the costs of other parks and recreation services. -7- . 3. The Division of Parks and Recreation will determine if it should self operate or lease out concessions operations. criteria to make this determination include: a) The ability to run concession profitably. b) The ability to provide quality service at the concession. c) Private sector interest in the concessions. d) Amount of revenue the Division will receive through self operation versus lease out. G. Rentals The Division of Parks and Recreation will rent out facilities and equipment for recreational purposes. 1. Facilities . It is the policy of the Division of Parks and Recreation that in setting fees for facility rentals, the fee charged will provide for all direct and indirect expenses created by the rental, plus provide a profit for the Division. 2. Equipment Rentals The Division of Parks and Recreation will provide equipment rental opportunities to the public which may not normally be available to them due to the cost of the equipment or the publics inability to transport their equipment to a usable site within a parks and recreation setting. Rates for equipment rental should be set to recover the staff time involved in providing the service and to help defray the cost of purchasing the equipment by the Division and/or to help build a replacement fund for the equipment. 3. Space in Parks and Recreation Facilities Rented to Other Agencies. On a space available basis the Division may rent space in its facilities to other agencies under 4It the following conditions. -8- . a) The space rented is not needed by the Division. b) The renter pays its fair share of the cost to operate the Parks and Recreation facility based on the square footage being rented versus cost to operate the entire facility. c) The agency renting space provides a public good that is consistent with City of saint Paul and Division of Parks and Recreation goals and objectives. H. Permits The Division of Parks and Recreation will issue permits for exclusive use of Parks and Recreation facilities or areas for short periods of time. A permit fee will be charged which reflects the costs incurred by the Division due to the user of the facility. In addition the fee will include revenue for overhead to administer the permit and to pay for the continuing upkeep and maintenance of the facility. Activities in this category include picnic pavilion permits and cave exploration permits. . I. Fund Raising 1. Internal From time to time it may become necessary for the Division to embark on fund raising campaigns for a particular facility or program. This is appropriate when a program or facility will be used by a limited number of people and those individuals are involved in the fund raising project. Secondly, fund ralslng for large projects that provide service to everyone is appropriate because it allows for total community support of a project that will serve the entire community. Fund raising criteria include: a) Will the majority of the revenue raised be used for the project and not siphoned off for overhead or fund raising expenses. . b) will the fund raising effort provide a facility or program that is open to everyone. -9- . . . LAND USE PLANNING AND DESIGN )USAIV . 'f\.,E.As.E ~€..t:t"C.- TO 'f=lA~t.t:> "P.4 c;€ IN &::>~ .,.. () ~c Hot,J ~c:;.\o.J"\'" ~1L. 1<':> lb'S\'r~ilNBl:> .. ~""o.J<;" qr J NrO 7)()~(JlAAJ ,A.fleA I . BRAUER & ASSOCIATES, LTD rr ~i.F~s: .,..~~T T,"€ ~ is O~N }O '[A~ IDE:l.) ~cr Nor (.Nl\.t,.;P'Cto 16 GC~Mlr UNtl/..., "Fo~(#S P61~/L 12e.vIElc.... Date: April 1 0,2001 To: Cities and Townships Involved in the Lake Links Trail Network tv City of Maplewood City of North Saint Paul City of White Bear Lake White Bear Township City of Oakdale City of Birchwood City of Mahtomedi City of Dellwood City of Grant City of Stillwater "T. ~ (zlhlVN. YIJu HJ.Vi! A ~$tst\.~~c..6 ~ e IIV ~It~ lUt:.b-l-~ -aT tr SJ>>fP/.;,/ )..I€e1>!; 76 '8e -,::u.'feJ> (JCf. <J: SI.l<-66r1' 'll!lJ.r YOu '-vt./fe /HI;;; ,L. sJld/lr No15 <>TA1"JrtG. r"~ ~t.A;lv~1t..c s-ra~ 6eJ(.. ~$ 12e.61O'V/~L 77!AJL <::OV~e<::IKJ- rJt!O~ 9'{;, ro -p/)(;V~oevv~,A. - FilK.. ~ -,z..en,'f.::t;WC6. c.:rt:FF From: Jeff Schoen bauer, Project Manager Vice President, Brauer & Associates, Ltd. Attached is a copy of the final master plan for the Lake Links Trail Network. As of April 1 , 2001, 100% of the communities and counties involved in the project have adopted the plan - which is perhaps a bit remarkable. Also note that the whole report is available on disk. So please feel free to request a copy for your use. On a personal note, I would like to express my heart-felt thank you to the many community leaders who share the vision of the master plan. It is only through that collective vision that the quality of life in our communities can be better assured. As I'm sure each of you do, I look forward to seeing the plan being implemented and the trails open to families for their recreational pursuits. Thank you again for your willingness to keep ~n open mind throughout the planning process. Please call with questions. ~', _.iI. ........ ..t... >,_~___3'~H:[~f!n --- . ~ -"",."'."""""..",,,,,_ . Prepar~d For: ;::"~~~"'';1~;,-".,.". . .._" ,) "'- ~ ' Washington-e(:)9~~k~ ...___.......___u.umu.-:-.::-:'.-:::.....:.'.=.-::."":.'u...---.'.ui:~!:,.:..,~:~..__...-..:.~~~~~~=~.\:Vy 244 TRARa msey Co u nty P a r~s : ' '.." \ ; RRiDOR"" -. \ ' \ : \ : ., I: r--~- VEGH^TIVE BUFfER ~ r RfTAlNII'\liWALl i I ,1:.:< .- : ,\..~:---,J~)r VEGOATM BUf'" OVERAll PAVlMlIIR 18' . <<r lake links ~ ~SHCJUlD[1lS .'.t 1 .. ;11'0ItMN(; 1 tcfi~,~:~,: lANES j ".'C-1 .,~~~~3,.,:., ",>.~o.;,"",";.;,'~-::~(_ T!r'ai I Network , , !.-CUR8 WITH 2' SHOUlO(R OJRB- lIr SPACE AUOIIIIS) ,-IXISfING . YlGUAlION UAIl ua~[) _.~ 1lA.\A,TriAMi-t!-J\itU QW.~ tXISTiNG COUNTY ROr\D 12 ROUTE Ot'n"NCCQUN" ...."'....JIlOlI,. \I',!;\SHINCTOt-j CCH.Jt--: PL,\NNED n:AIL ALON Co'\' j [\V"'{ jR.'\IL COUNTY I~C).'\DI5 1 I I I I lIilIN~'>> I ,n"_ _ _ _ _.H...U..__. .____" __uu" .--~.. I I I W"~1QN<OI..An hNHO nAA AIIilYC; ('"t'\; I'oI1'w ItJNl . , l\iN H\;\p'r.~~ared By: Brauer & Ass.tes, Ltd. lAltlly.tU ~ Ilw.!. IlWl M\STUl PlAN ~ ~INKSTlL\JlNnWOIIK S....I.. \fIN' ~:ui"NCTON" flAAtSf\:'COlJt...,1tS Hwy. 96 Trail Corridor - Segment 10 of 13 Segment Description / Overall Character As the aerial illustrates, the primary route following the Zephyr Line railroad track alignment continues to be shown, which generally follows County Rd. 64. Note that one of the downsides of this alignment is the lack of a controlled intersection at the crossing of County Rd. 15. As for the Hwy. 96 alternate route, the trail corridor continues east through an area where the right-of-way remains ample in width, but continues to be a bit restrictive due to wetlands being closer to the road edge up to County Rd. 15, where it opens up considerably. As with the previous segments, the road would be a rural cross-section with the trail separated from it to varying degrees. Although the trail may be directly adjacent to the road for the first part of this segment, once past County Rd. 15 there would be ample room to move it farther away from the road edge. Note that at County Rd. 15 the trail would intersect with a planned north-south trail as defined under the Washington County Trail System Plan. The intersection itself poses a bit of a concern in that there is substantial traffic from both directions. As of now, it is a four-way stop. In the future, it could be upgraded to a signalized intersection, which would be desirable. Development Issues / Constraints . Working within the existing right-of-way and avoiding unnecessary impacts to natural vegetation are the key design issues along this segment . Ensuring adequate sight lines at at-grade crossings continues to be one of the technical issues that will need to be addressed during detail design. Private Property Encroachment / Acquisition Issues Since adequate right-of-way exists throughout this segment, encroachment issues should be minimal along the Hwy. 96 corridor. With respect to the Zephyr Line, the same acquisition issues hold true as define under Segment 7. SP<<:cific Trail Values Gained The values defined for the previous segments continue to hold true here- as well. LAKE LINKS T.ETWORK MASTER PLAN Photo 23 -looking east along Hwy. 96 toward the intersection with County Rd. 15/Manning Ave., where a proposed north-south trail is already planned. Photo 25 -looking east along the Zephyr Line railroad tracks from County Road 15/Manning Ave. Photo 26 -looking east along Hwy. 96 in an area where encroaching wetlands will force the trail closer to the road edge. . SECTION III - TRAIL NETWORK MASTER PLAN . Photo 24 -looking east along Hwy. 96 where the RD. W. opens up and provides ample room for the trail corridor. Although the Zephyr Line crossing of County Rd. 15/Manning Ave. is not a four-way stop, the sight lines are good in each direction. Nonetheless, making this a safe crossing will be one of the challenges of this alignment, should it be acquired in future years. . . . Segment 10 . LAKE LINKS TRAIL NETWORK MASTER PlAN SEGMENT 10 . . Hwy. 96 Trail Corridor - Segment 11 of 13 Segment Description / Overall Character As the aerial illustrates, the primary route following the Zephyr Line railroad track alignment continues to be shown and generally follows County Rd. 64. As with County Road 15, the mid-block crossing of Neal Ave. is one of the downsides to this alignment, although perhaps not as imposing given the lighter traffic volumes. (Note that the city's trail system extends to Neal Ave., which adds some strength to the value of this alignment. The city's plan also calls for the trail to be extended to County Rd. 15 and then up to Hwy. 96, where it would connect with the Hwy. 96 trail corridor if that is constructed). As for the Hwy. 96 alternate trail corridor, it continues east through an area where the right-of-way remains ample in width. However, the area directly adjacent to South Twin Lake is very restrictive and will likely require going with an alternative road/trail cross-section for a stretch, as shown by the character sketch. Other than that area, a rural cross-section with the trail separated from the road would be appropriate. Development Issues / Constraints . Working within the existing right-of-way and avoiding unnecessary impacts to natural vegetation are the key design issues along this segment, especially near the lake. . Ensuring adequate sight lines at at-grade crossings continues to be one of the technical issues that will need to be addressed during detail design. . Providing a reasonable buffer between the trail and adjacent homes in the area shown on the aerial. Private Property Encroachment / Acquisition Issues Since adequate right-of-way exists throughout this segment, encroachment issues should be minimal along the Hwy. 96 corridor. With respect to the Zephyr Line, the same acquisition issues hold true as define under Segment 7. Specific Trail Values Gained The values defined for the previous segments continue to hold true here as well. LAKE L1NKI.IL NETWORK MASTER PLAN Photo 27 - looking east along Hwy. 96 where the small lake is directly adjacent to the road edge. Photo 28 -looking east along the Zephyr Line railroad tracks from Neal Ave. Photo 29 -looking east along Hwy. 96 in an area where housing is adjacent to the R.O. W. . SECTION III - TRAIL NETWORK MASTER PLAN OVIJt.\ll P..\VlMlIff S2' ,NAJURAl / YICllATION N.-\TURAlllfO VECfTATM BUfRR. . r-- 8'SHOOlOERS ~\, I I1'OllMNCW<tSl \\ I \ I \ . I \ CUll8 wmr l' SHOUlIlftl The character sketch illustrates the likely location of the trail in areas where lakes and ponds are close to the road. ,..--fXISTlNG / VEGETATION 12' fKAll ON r IXISIING IWl810 L .-. ~f~ . The character sketch illustrates the pleasant trail setting that the Zephyr Line would offer the trail user. Maintaining a reasonable setback from the road edge as well as the housing will be required in this area. Nearby residents should be involved in the detail design for the trail in this and other similar areas to ensure that their concerns are addressed. Also, enhanced vegetative screening between the trail the houses may also be warranted to maintain a sense of separation. . . Segment 11 . . lAKE LINKS TRAIL NETWORK MASTER PLAN SEGMENT 11 Hwy. 96 Trail Corridor - Segment 12 of 13 Segment Description / Overall Character The primary route following the Zephyr Line railroad track alignment is very aesthetically compelling and really underscores the value of this alignment, should it ever become available. As for the alternate route along Hwy. 96, the trail corridor continues east through an area where the right-of-way remains ample in width, but becomes very restrictive to work within in the area adjacent to Browns Creek. The grade of this area also becomes more and more steep as the highway heads downhill to river level. As the character sketch illustrates, the trail will have to be directly adjacent to the road. In spite of the grade and limited room for the trail, the area is very visually appealing and a highlight of this trail corridor. Development Issues / Constraints . Working within the existing right-of-way and providing a safe trail directly adjacent to a steep drop-off is the major challenge of this segment . Ensuring adequate sight lines at at-grade crossings continues to be one of the technical issues that will need to be addressed during detail design. Private Property Encroachment / Acquisition Issues Since adequate right-of-way exists throughout this segment, encroachment issues should be minimal along the Hwy. 96 corridor. With respect to the Zephyr Line, the same acquisition issues hold true as define under Segment 7. Specific Trail Values Gained The values defined for the previous segments continue to hold true here as well. The added visually-appealing character of the Browns Creek area also increases the scenic value of this corridor. LAKE L1NKSeL NETWORK MASTER PLAN Photo 30 - looking east along Hwy. 96 where the RoO. W. opens up and provides ample room for the trail corridor. Photo 31 -looking east along Hwy. 96 in an area of Browns Creek. Photo 32 -looking east along the Zephyr Line railroad tracks as it enters the Browns Creek area. . SECTION III - TRAIL NEl WORK MAS 1 ER PLAN . NAl\JRAUZtD . VECETATM I BUFFER . OI/{RAll PAII[MENT 52' . The charader sketch illustrates the location of the trail adjacent to Hwy. 96 in the Browns Creek area, where the grade drops off very quickly into the ravine and creek bed. r--{XlSJ'NC I VfcnATION ! .......12. 'fRAil ON I EXISTING RAIl.E: I L~ j~4 . One of the strongest arguments for the Zephyr Line alignment is the natural charader of the Browns Creek area. If feasible, this alignment would be one of the most scenic of all the corridors. .gment 12 . . . I ^"'" I ,,,'VC: TI>~" "'"",,A1n,w ~A"c:T1"D PI AN C;Fr.~A""1T l' Hwy. 96 Trail Corridor - Segment 13 of 13 Segment Description / Overall Character The primary route following the Zephyr Line railroad track alignment would terminate at Hwy. 9S, where it would connect to the city's trail system as shown on the aerial. As the aerial illustrates, the city envisions that a trail corridor would continue south along Hwy. 9S into the downtown area, perhaps ending at Elm Street or North Main parking lot (or even going as far as Myrtle Street, where it could ultimately connect with the existing trail along County Road 12). Although the lake Links master plan defines this trail segment as a local connection, the potential to reclassify it to regional trail status has some merit and should be considered as the Hwy. 96 corridor is considered for implementation. The rationale behind this is that the regional trail terminus point is logically a destination point of interest, which downtown Stillwater certainly is. As for the alternate route along Hwy. 96, the trail corridor continues east to its intersection with Hwy. 9S/N. Main Street, where it would again connect with the trail corridor along Hwy. 9S as defined above. . As with the last segment, the trail would be directly adjacent to the road. Development Issues / Constraints ~ Working within the existing right-of-way and providing a safe trail direcl1y adjacenllo a sleep drop-off continues to be the major challenge of this segment. Private Property Encroachment / Acquisition Issues Since adequate right-of-way exists throughout this segment, encroachment issues should be minimal along the Hwy. 96 corridor. With respect to the Zephyr Line, the same acquisition issues hold true as defined under Segment 7. Specific Trail Values Gained The values defined for the previous segments continue to hold true here as well. The added visually-appealing character of the Browns Creek area also increases the scenic value of this corridor. In addition, €Onnection to the downtown area of Stillwater offers high regional recreation values that go beyond that of the trail itself. LAKE LINKS. NETWORK MASTER PLAN SECTION III - TRAil NETWORK MASTER PLAN Photo 33 -looking east along the Zephyr Line railroad tracks as it nears Hwy. 95/N. Main Street. As the photo shows, the high quality natural charader of the area would make for an ideal trail corridor offering an outstanding recreational experience. . . . . .gment 13 SEcrJON '" - TRAil NETWORK MASTER PLAN I. w. ~ . . -- IAKf UNf<C; TRAil "'~TW()RK MA.<iTFR PI AN SEGMENT 13 . . . MEMORANDUM TO: Park and Recreation Commission FR: City Administrator RE: St. Croix Caterers Management agreement for Rec. Center and Lily Lake Arena, 2001-2002 DA: April 18, 2001 Discussion: Accompanying this memo is the revised 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 1,2001 thru April 30, 2002. The agreement is almost identical to the current agreement except for changes in the budget. The changes include some increases in costs based on cost of living and especially for energy costs. However, the management fees have not changed and remain at 5% of the gross revenues, not to exceed $35,000. The agreement contains the budget (as Exhibits A, B and C) for the period beginning May 1,2001 and ending April 30, 2002. I have also included a summary of the results of operations for YE 12/32/00 (Exhibits OO-A, OO-B and OO-C). Although revenues did well, the expenditures exceeded the budget. The primary reason for this was that there was a substantial increase in energy costs and to some degree the underestimation of the cost of the second sheet. However, overall, I think the results look acceptable. I have discussed the revenue and expenditure budget for the new contract period with Doug Brady, Manager of the Center. I asked Doug to improve the advertising revenues and to look at possible overstaffing situations, as well as other areas where costs can be reduced. In my opinion, St. Croix Caterers have provided an excellent management service the past three years of operation. The feed back I get from the users of the Center has been very positive. Given the competing demands for the use of the facilities, I think the lack of negative feed back is a good indication of the type of service that is being provided. Therefore, I would strongly recommend that the Commission also support the renewal of the agreement be for the next year. Time did not permit me to give a more detailed explanation of the budget, including amounts available for debt service, etc. However, Doug Brady and I will be at the meeting to provide you with more information and to answer any questions you might have. Recommendation: Commission recommend approval of the recreational facilities management agreement between the City of Stillwater and St. Croix Caterers. L /fI~ . . . This __11 Agreement ("Agreement") is made this _ day of _ 2001, between the CITY OF STILL WATER, 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. 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 BOl(e) of the Tax Reform Act of 1986. Section 2. Resllonsibilities. 2.01 St. Croix's Responsibilities: a. Marketing and Promotion. St. Croix must perform all marketing activities which willbe 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. 1. 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 Pavments. 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. Section 3. Budget and Revenue Reports. 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 annual budget will become the final budget for the period until . 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/lOO dollars ($35,000.00) for providing management services. The fee will be paid as follows: . 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 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. Accountin2 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 Jurv Trial. Page 6 of 11 11.01 It will be an event of default ("Event of Default") hereunder if either party hereto: . 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 St. Croix must procure and maintain insurance against any use or occupancy by St. Croix of the Facility or the operations of St. Croix at the Facility (which operations must include, without limitation, concessionaire uses, subletting and contract with independent contractors) and must name the City, its officers, directors, elected officials, employees and affiliates as additional insureds thereon. The amounts of such coverages will be as follows: Page 7 of 11 a. For Property Damage and Bodily Injury, and Automobile Coverage: $2,000,000 per Occurrence and $2,000,000 General Aggregate. . b. Products-Completed Operations Aggregate: $2,000,000. c. Personal and Advertising Injury: $ 1,000,000 per Occurrence. d. Medical Expenses: $5,000 per Occurrence. 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. Indemnitv. 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. 9466.04. Section 14. Damaze 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. 1. 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 11. 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 governinental 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 Page 8 of 11 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. Emulovees. 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- 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.S9, 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. Severabililv. 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: Page 9 of 11 . . . If sent to St. Croix: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 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. Page 10 of 11 . . . 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 ATTEST: Diane Ward, Clerk ST. CROIX CATERERS, INC. Richard Anderson, President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this _ day of ,2001, 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 ofthe 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 STATE OF MINNESOTA ) )ss COUNTY OF WASHINGTON ) On this day of 2001, 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 5/1/2001 - 4/30/2002 New Arena Lily Lake & 2nd sheet Fieldhouse Total Revenues Operating Capital Outlay Bonds 120,400 611,200 120,300 214,400 1,000 946,000 121,300 Total Revenue 120,400 731,500 215,400 1,067,300 Expenditures Personal Services Goods & Services Capital Outlay Management Fees Total Expenditures 53,166 147,967 45,367 246,500 51 ,433 300,264 165,043 516,740 120,300 1,000 121,300 11,666 11,667 11,667 35,000 116,265 580,198 223,077 919,540 4,135 151,302 -7,677 147,760 . Revenues over (under) expo ~ Contributions TIF Interest Earnings 70,000 100,000 13,000 Total Additions 183,000 Total available for debt service 330,760 Note: Debt service is $569,452 . . Exhibit "B" St. Croix Valley Recreation Center Operating Revenue 5/1/2001 - 4/30/2002 Lily Lake Main Arena 2nd Sheet Fieldhouse Total Concessions 800 85,000 85,800 Advertising 2,500 20,000 10,000 10,000 42,500 Tax Exempt Programs 110,000 150,000 110,000 51,000 421,000 Other Programs 5,700 60,000 15,000 139,000 219,700 Equipment Rental 100 2,900 3,000 Figure Skating/Lessons 65,000 12,000 77,000 Open Skate/Field 600 13,300 5,000 3,000 21,900 Gate 36,300 36,300 Miscellaneous 700 25,500 1,200 27,400 Walking 6,500 6,500 Golf 2,900 2,900 . Batting Cages 2,000 2,000 Total Revenue 120,400 458,000 153,200 214,400 946,000 . Exhibit "C" St. Croix Valley Recreation Center . Expenditures 5/1/2001 - 4/30/2002 Main Arena Lily Lake & 2nd Sheet Fieldhouse Total Personal Services Manager 20,666 20,667 20,667 62,000 Asst. Manager 9,500 9,500 9,500 28,500 Clerical 1,000 1,000 1,000 3,000 Zamboni Operator 22,000 65,200 87,200 Custodian 27,800 5,000 32,800 Attendants/Skateguard 3,800 9,200 13,000 Concession Workers 20,000 20,000 Total Personal Services 53,166 147,967 45,367 246,500 Goods & Services Office Supplies 800 400 1,200 General Supplies 1,000 14,000 5,000 20,000 Concession Supplies 1,000 51,000 52,000 Uniforms 1,700 2,600 4,300 Equip. Repair Supplies 2,300 3,300 2,400 8,000 Other Minor Equipment 1,000 2,000 3,000 Contractual Services 22,000 5,000 . Professional Services 5,000 40,000 33,000 78,000 Telephone 1,000 2,100 1,000 4,100 Postage 20 750 30 800 Cellular Phone 166 167 166 499 Mileage 32 32 32 96 Meals 15 15 15 45 Gate Split 5,100 5,100 Printing & Publishing 3,500 800 4,300 Insurance 7,400 6,600 6,000 20,000 Electricity 20,000 87,000 33,000 140,000 Natural Gas 6,500 20,500 63,000 90,000 Propane 2,100 2,100 Equip. Repair Charges 1,000 11,500 2,500 1 5,000 Sales Tax 500 12,500 10,000 23,000 Membership & Dues 100 300 400 Laundry 500 2,500 800 3,800 Miscellaneous 100 12,000 1,900 14,000 Total Goods & Services 51,433 300,264 165,043 516,740 Other Capital Outlay 120,300 1,000 121,300 Management Fees 11,666 11,667 11,667 35,000 . Total Other 11,666 131,967 12,667 156,300 Total Expenditures 116.265 580.198 223 077 919.540 . Revenues Operating Capital Outlay Bonds Total Revenue Expenditu res Personal Services Goods & Services Capital Outlay Management Fees . Total Expenditures Revenues over (under) expo Add..;. Contributions TIF Interest Earnings Total Additions . Exhibit "DO-A" St. Croix Valley Recreation Center Combined Revenue & Expenditures YE 12/31/2000 New Arena Lily Lake & 2nd sheet Fieldhouse Total 125,792 562,308 38,741 205,265 126,422 893,365 165,163 125,792 601,049 331,687 1,058,528 55,982 161,859 44,453 262,294 52,129 300,232 162,518 514,879 38,741 126,422 165,163 11,666 11 ,667 11,667 35,000 119,777 512,499 345,060 977,336 6,015 88,550 -13,373 81 , 192 92,512 100,000 13,000 205,512 Total available for debt service 286,704 Note: Debt service was $530,481 . Exhibit "00-8" St. Croix Valley Recreation Center Revenues YE 12/31/2000 Lily lake Main Arena 2nd Sheet Fieldhouse I21al Concessions 761 85,209 85,970 Advertising 250 7,934 1,125 9,309 Tax Exempt Programs 118,196 141 , 132 100,000 50,593 409,921 Other Programs 5,687 74,985 10,000 139,195 229,867 Equipment Rental 83 2,885 2,968 Figure Skating/Lessons 64,538 64,538 Open Skate/Field 50 13,255 2,999 16,304 Gate 36,300 36,300 Miscellaneous 765 26,070 26,835 . Walking 6,439 6,439 Golf 2,895 2,895 Batting Cages 2,019 2,019 Total Revenue 125,792 452,308 110,000 205,265 893,365 . Exhibit "OO-C" St. Croix Valley Recreation Center . Expenditures YE 12/31/2000 Main Arena Lily Lake & 2nd Sheet Fieldhouse Total Personal Services Manager 20,742 20,742 20,742 62,226 Asst. Manager 6,546 6,546 6,545 19,637 Recreation Director 6,938 6,938 6,938 20,814 Clerical 1,693 1,693 Zamboni Operator 21,756 77,762 99,518 Custodian 18,622 1,050 19,672 Attendants/Skateguard 3,574 9,178 12,752 Concession Workers 25,982 25,982 Total Personal Services 55,982 161,859 44,453 262,294 Goods & Services Office Supplies 32 1,741 1,773 General Supplies 969 14,056 4,303 19,328 Concession Supplies 864 50,356 51,220 Uniforms 1,613 2,595 4,208 Equip. Repair Supplies 2,217 4,209 2,063 8,489 Other Minor Equipment 796 2,276 3,072 . Contractual Services 22,347 4,502 Professional Services 5,055 39,208 33,920 78,183 Telephone 940 1,996 1,094 4,030 Postage 15 726 35 776 Cellular Phone 498 498 Mileage 83 83 Seminar/Conference fees 293 193 25 511 Meals Gate Split Printing & Publishing 3,548 723 4,271 Insurance 10,013 8,939 8,036 26,988 Electricity 19,669 86,301 30,731 136,701 Natural Gas 5,595 20,108 62,592 88,295 Propane 2,042 2,042 Equip. Repair Charges 1,008 14,457 2,490 17,955 Sales Tax 448 12,324 9,371 22,143 Membership & Dues 100 300 400 Laundry 405 2,320 943 3,668 Miscellaneous 55 11,651 1,690 13,396 Total Goods & Services 52,129 300,232 162,518 514,879 QtIw: Capital Outlay 38,741 126,422 165,163 . Management Fees 11,666 11,667 11,667 35,000 Total Other 11,666 50,408 138,089 200,163 Total Expenditures 119,777 512,499 345,060 977,336 . St. Croix Vallev Recreation Center PriceIRate Sheet Facility Rental: Prime Time: Oct 1- March 31 Sat. & Sun. 6am-9pm Mon.- Fri. 2pm-9pm St. Croix Arena $135/hr + tax $11 O/hr + tax Prime Time Non PT Lily Lake $ 120/hr + tax $95/hr + tax Prime Time Non PT Field house, full filed $150/ hr + tax $90/hr + tax Prime Time Non PT Field house, half field $80/hr + tax $50/hr + tax Prime Time Non PT Group overnight, ice Field house $50/hr + tax $40/ hr + tax Public Sessions: Adult: 18 and older Family: immediate only . Open Skating $2/youth, senior $15/ 10 punch pass $3/adult $25/ 10 punch pass $5/family $40/ 10 punch pass Open Hockey/lnline $2/youth, senior $15/ 10 punch pass $3/adult $25/ 10 punch pass $5/family $40/ 10 punch pass Open Field $2/youth, senior $15/ 10 punch pass $3/adult $25/ 10 punch pass $5/family $40/ 10 punch pass Open Walking $.50/youth, senior $5/ 20 punch pass $2/adult $20/ 20 punch pass $3/family $30/20 punch pass Pro's & Dead Ice $6.50/hr Batting Cages $3/ 50 pitches $20/hr for teams Driving Range $7.50/ half hour, unlimited golf balls . . Skating Lessons: Group lessons $55/ 8 sessions 10 open skating passes Individual $6.50/hr + instructor fee Birthday Parties: Field/Ice & Food $5/child Adult Leagues: Football $500/team Softball $500/team Hockey $800/team Concessions: Bottled Beverage $1.00 Fountain pop, 22 oz. $1.00 12 oz. $0.75 Cappuccino $1.00 Hot Chocolate $0.75 Coffee $0.50 Slushy, small $1.00 Large $1.75 Candy $0.75 Chips $0.75 . Popcorn $1.00 Hot Dog $1.50 Pizza $1.75 Pretzel $1.50 w/ cheese add $0.25 Nachos $2.00 Donuts $0.75 Pickles $0.75 Clothing: Baseball Caps $12.00 Warm-up suit $75.00 Mittens $4.00 Equipment: Hockey Tape $2.50 Hockey Laces $2.00 Mouth Guard $1.50 Skate Covers $4.75 Skate Guards $6.50 Whistles $1.50 Lanyards $1.50 . Skate Sharpening: $3.00 MIAMA 2001 ICE RA lES Arena Name Basic Rental Rate /HR Basic Rental Rate/HR Skate Open Other Skate 2000-2001 2001-2002 Sharpening Skating Rental Adult/Studen t All Seasons $105 both $115 both $3.00 $3.00/$3.00 $65.00 $1.50 non Mankato, MN Summer $105 Summer $115 family member $40.00 $1.25 individual member Apple Valley Arena $130 prime $97 non $150 prime $105 non $3.00 $3.00/$3.00 $1.00 Apple Valley, MN Bielenberg $140 prime $125 non $145 prime $130 non $3.00 $3.00/$3.00 $2.00 Woodbury, MN Summer $125 prime Summer $130 prime $115 non $115 non Bloomington Ice Garden $135 prime $110 non $140 prime $115 non $2.50 $3.50/$2.50 $1.50 Bloomingotn, MN Summer $130/$110 non Summer N/A $11 0 non Braemar $130 prime $80 non $135 prime $85 non $3.00 $3.00/$3.00 $1.50 Edina, MN Summer $130 Summer $135 Brainerd Area Civic Center $90 $95 $4.00 Brainerd, MN Summer $70 Summer $75 Breezy Point Sports $100 prime $65 non $100 prime $70 non $3.00 $3.00/$3.00 $2.00 Breezy Point, MN Summer $100 prime Summer $100 prime $80 non $80 non Brookings Ice Arena $60 both $60 both $2.00 $2.00/$2.00 $2.00 Brookings, SO Summer $85 prime Summer $85 prime $60 non $60 non Bud King Ice Arena $75 prime $65 non $75 prime $65 non $3.00 $3.00/$2.00 $1.00 Winona, MN Summer $75 prime Summer $75 prime $65 non $65 non . . . Buffalo Civic Center $125 prime $85 non $135 prime $98 non $2.50 $2.50/$2.50 Under 6 $2.00 Buffalo, MN Summer-Pryfica $400/day free with paid adult Burnsville Ice Center $140 prime $103 non $145 prime $108 non $3.00 $3.00/$3.00 $2.00 Burnsville, MN Summer $119 prime Summer proposed $103 non $124 prime $108 non Centennial Sports Arena $120 prime $100 non $120 prime $100 non $2.50 $3.00/$2.00 Circle Pines, MN Summer $105 prime Summer $105 prime $90 non $90 non Chaska Arena $130 prime $85 non $130 prime $85 non $3.00 $3.00/$2.00 $1.00 Chaska, MN Summer $85 Summer $120 prime $85 non City of Aspen Ice Garden $165-$115* prime $170-$120* prime $4.00 $4.00/$3.00 $2.00 5 $2.00 Aspen, CO $125-$95* non $130-$1 00* non years * rate for youth non profit *rate for youth non profit and under Civic Arena $75 prime $60 non $75 prime $60 non $2.00 $1.00/$1.00 Free Crookston, MN under 5 Columbia Arena $135 prime $100 non $135 prime $100 non Open Fridley, MN Summer $85/hr dry floor Summer $85/hr dry floor Hockey $4.00 Cook Arena $115 prime $85 non $135 prime $100 non $3.00 $3.00/$3.00 Coon Rapids, MN Summer $85 Summer $100 Cottage Grove Ice $138.45 prime $138.45 prime $3.00 $3.00/$3.00 $25.00 Cottage Grove, MN $85.20 non $85.20 non for 10 Summer $90.52-$122.47 adm. Oakotah Sport and Fitness $135 prime $115 non $140 prime $120 non $3.00 $3.00/$3.00 Free $2.50/mbr. Prior Lake, MN Summer $115 Summer $120 Club $1.50/non members mbr. Oavid C Johnson Civic Arena $130 prime $90 non $130 prime $90 non $2.00 $2.00/$1.00 Isanti , MN OECC $100 prime $90 non $110 prime $100 non OuJuth, MN Orake Arena of SPA $120 prime $105 non $120 prime $105 non $4.00 St. Paul, MN Summer $100 prime Summer $100 prime $80 non $80 non Eagan Civic Arena $135 prime $105 non $140 prime $105 non $3.00 $3.00/$2.00 $2.00 Eagan, MN Summer Same Summer $135 prime $105 non Eden Prairie Community Center $135 prime $100 non $140 prime $105 non $2.00 $3.50/$2.50 $6.00 $1.00 Eden Prairie, MN Summer $120 prime Summer $120 prime families $105 non $105 non Farmington Civic Arena $130 prime $100 non $2.00 $3.00/$1.00 Farmington, MN Fogerty Arena $115 prime $95 non $115 prime $95 non $2.50 $2.00/$2.00 $2.00 Blaine, MN Summer $95.00 Summer $95 Four Seasons Centre $128 prime$70 non $2.00 $3.00/$2.00 $2.00 Sr. Owatonna, MN Summer $100 Citizen Fryberger $94 prime $79 non $105 prime $65 non $3.00/$3.00 Ouluth, MN Graham Youth hockey $1 04 SAME $3.00/$2.00 Rochester, MN Schools $11 0 Private $115 Hallett Community Center $100 prime $70 non $110 prime $80 non $3.00 $6.00/$4.00 $1.00 Crosby, M N Harold J Pond Sports Center $135 prime $130 non Not yet determined $3.00 Mound, MN . . . Hastings Civic Arena $118.50 prime $124.50 prime $3.00 $2.75/$2.75 $1.75 Hastings, MN $95.25 non $95.25 non Summer $105.00 prime Summer $108.00 prime $90.25 non $90.25 non Hermantown Arena $90 prime $75 non $95 prime $85 non $2.00/$2.00 Hermantown, MN Summer $90 prime Summer $95 prime $85 non $85 non Hippodrome White Bear Assoc. $45.00 SAME $1.00/$1.00 St. Paul, MN Non WB Assoc. $75 Hopkins Pavilion $130 prime $105 non $140 prime $105 non $2.00/$1.00 Hopkins, MN Summer turf $65 Same as 2000-2001 Summer dryfloor $55 Huck Olson Memorial Civic Center $60.00 $60.00 $3.00/skate $1.001.50 Thief River Falls, MN Hunt Arena $100 $102.50 $2.50 $3.00/$2.00 $2.00 Sr. $1.50 River Falls, WI Citizens Hutchinson Civic Arena $100 $105 $3.00 $3.00/$2.00 Hutchinson, MN Summer $100 Summer $105 Ice Forum of Champlin $145 prime $125 non $150 prime $125 non $2.50 $3.00/$2.00 $10.00 $2.00 Champlin, MN Summer $112.68 prime Summer $112.68 prime family $90 non $90 non IRA Civic Center $85 prime $65 non $88 prime $68 non $3.00 $3.00/$2.00 $2.00 $1.00 Grand Rapids, MN Summer $85 Summer $88 Seniors K B Willett Arena $90 prime $80 non $95 prime $90 non $3.00 $2.50/$2.50 $2.50 Stevens Point, WI Summer $95 Summer $100 Lake County Arena $75.00 both $80.00 both $3.00 Free Two Harbors, MN Lily Lake Arena $120 prime $95 non $3.00 $3.00/$2.00 $5.00 Stillwater, MN Summer-closed Family Litchfield Civic Arena $85.00 $90.00 $2.00 $2.00/$2.00 Litchfield, MN Maroon & Gold Arena $125 non $145 prime $3.00 $3.00/$2.00 Forest Lake, MN $65-$110 non Martin County Arena $75 both $75 both $3.00 $2.00/$2.00 $30/20 $1.50 Fairmont, MN adm $15/10 adm Minnetonka Ice Arena $130 prime $130 non TBO $4.00 $2.00/$2.00 $1.00 . . . Minnetonka, MN Summer $130/both TBO Mora Civic Center $100 prime $75 non $100 prime $75 non $3.50 same $2.00/$2.00 $1.00 Mora, MN day/$2.50 next day Moylan Iceplex $140 prime $150 non $140 prime $105 non $5.00 $4.00/$3.00 $2.00 Omaha, NE Summer $140 prime Summer $140 prime $105 non $105 non New Hope Ice Arena $150 prime $120 non $3.00 $3.0/$3.00 New Hope, MN Summer $120 New Prague Area Community $120 prime $87.50 non $120 prime $87.50 non $3.00 $2.50/$2.50 $2.00 Center New Prague, MN Northfield Arena $100 $105 $3.00 $2.00/$2.00 Northfield, MN Parade Ice Garden $150 prime $125 non $150 prime $125 non $3.00 $3.00/$2.75 $2.75 $2.00 Minneapolis, MN Summer $125 prime Summer $125 prime Seniors $115 non $115 non Peterson $94 prime $79 non $105 prime $65 non $3.00/$3.00 Ouluth, MN Plymouth Ice Center $140 prime $120 non $140 prime $120 non $3.00 $3.00/$2.00 $2.00 $1.00 Plymouth, MN Summer $110 Summer $110 Seniors Princeton Ice Arena $120 prime $110 non $125 prime $115 non $3.00 $3.00/$3.00 $10.00 Princeton, MN Family Ramsey County Arenas $120-$135 prime $120-$135 prime $2.50 $2.50/$2.50 $2.50 St. Paul, MN $75-95 non $75-95 non Summer $120 Summer $120 Rapid City Arena Opening in 2001 $100 prime $90 non $2.50 $4.25/$3.25 $2.50 Rapid City, SO Riverside $120 rime $96 & $76 non $120 prime $2.00/$2.00 $1.00 Austin, MN $96 & $76 non Rocket Ice Arena $220 prime $200 non $245 prime $225 non $5.00 $5.00/$3.00 $2.00 Bolingbrook, IL Summer $200 prime Summer $225 prime $180 non $205 non Rosemount Community Center $140 prime $110 non $140 prime $110 non $3.00 $3.00/$3.00 Rosemount, MN Summer $110 Summer $110 Roseville Skating Center $125 $130-$135 $3.00 $3.00/$3.00 $3.00 Roseville, MN Summer $125 Summer $130-$135 Rukavina Arena $50 prime & non $50 prime & non $2.00 $1.00/$1.00 $2.00 Silver Bay, MN St. Croix Valley Rec. Center $135 prime $110 non $3.00 $3.00/$2.00 $5.00 Stillwater, MN Summer $110 Family . . . St. Louis Park Recreation Center $125 $130 $3.00 $2.50/$2.00 $3.00 $1.50 St. Louis Park, MN Summer $115 prime Summer $120 prime Open $105 non $110 non Hockey Sauk Centre Civic Arena $90 prime & non $90 prime & non $2.50 $2.00/$2.00 Sauk Centre, MN Schwan's Super Rink $135 prime $100 non $140 prime $100 non $3.00 $4.00/$4.00 $3.00 Blaine, MN Summer $135 Summer $140 Shakopee Ice Arena $130 resident/$140 non $3.00/$2.00 Shakopee, MN Summer $100 Sioux Falls Ice & Recreation $110 $110 $3.00 $3.50/$2.50 $2.00 Center Sioux Falls, SO South Suburban Ice Arena $145 district $168 non $152 district $175 non $3.50 $3.50/$2.50 Centennial. CO district district $12.50 non district Summer same Summer same competitive $5.00/$4.00 skater Sports Arena East $110 prime $80 non $115 prime $80 non $3.00 Coon Rapids, MN Superior Ice Arena $95 prime $75 non $95 prime $75 non Superior, WI Summer same Summer same Veterans Memorial Arena $70 both $80-$85 (?) non prime $2.00 West Fargo, NO Summer dry floor Summer dry floor Victory Memorial Ice Arena $120 $120 $3.00 $3.00/$3.00 $3.00 Minneapolis, MN Summer $90 Summer $90 VFW Memorial Youth Center $85 prime & non $90 prime & non $2.00 $2.50/$2.50 $5.00 East Grand Forks, MN Summer $85 Summer $90 Family Waseca Community Arena $115 prime $100 non $115 prime $100 non $2.50 $2.50/$2.50 $22.50 $2.00 Waseca, MN 10 adm. Wessman Arena $97.50 prime $60 non $107.50 prime $80 non Superior, WI Summer $85 Sumemr $107.50 West St Paul Arena $130 both $135-$140 both $3.00 $3.00/$3.00 $4.00 West St Paul, MN Summer same Summer $140 open hockey White Bear Lake Sports Center $120.18 $120.18 $3.50/$2.50 $1.00 White Bear Lake, MN Summer same Summer same Whitefish Ice Rink $60 both $65 prime $45 non $3.25 $4.50/$4.00 $2.00 Whitefish, MT Young Arena $107-$117 Not determined $3.00/$3.00 $2.00 Waterloo, IA Summer $113 . . . ~~ $. Non-profit Organization ~ For-profit Organization ~ ~ ~ Organizations should attach a list of all peddlers/solicitors including name(with full middle ~ c.::l name), address, date of birth, driver's license number, vehicle and license number. ~ \ NAME AND ADDRESS OF EMPLOYER (creder:tials required): 1~ to\~\,,\~ L\<j'v\\-s I~L\~lAA.'\PhOneNo. (q~~ ~'"Sb- )"J).f ~ Individual (please fill in the fa llowing{ CVL\.iic1A. NAME: ~~<:..""\,V\.. \)c\..,j.J\J ..s PHONE NO.: (q,J.) ~-)<O-.)')7 Last First Full Middle Name DATE OF BIRTH ADDRESS: <)d 00 u.J-.ij1 CSa "\ ~~ -ki- (c:;o ~~~ '^c~ ~i'-.J ~d '( DRIVERS LICENSE NO. ~ OF ISSUE M~ VEHICLE TO BE USED, IF ANY: Mak~ Model Color License Number~ State License Issued City of Stillwater Peddlers/Solicitors Registration Form . . CONTACT PERSON: (Person that would be able to contact you if necessary) ~-{~'1 ~ ~C\c\t\\.\~ (q')~) q)~-~C()3 PHONE NUMBER (cellular if applicable): ('1. c:; ;).- ') ~ c:, - d- I J- / NATURE OF BUSINESS AND GOODS TO BE SOLD Cr- { a v.J ~ c.. "- ("" U! .s LOCATION: Business District Residential - ~ City Parks (Permission required by Parks & Rec. Board) DATES NEEDED - From: ~ 4 IJ-~\ To ~ L( I d-Gc\ HOURS-From: ~'.\.:)a r'tvto . IO:c~ r VV'\,' SIGNATURE OF APPLICANT 6 -9 [,/".- ~ For Office Use Only Registration received by: _ .{ '/T..Llf7/Lk!.. / Date _I . Park & Recreation Board Approval Date: _f~~7 Steve Russell .om: nt: To: Subject: Schloe, John [maxliao@qwest.net] Wednesday, April 18, 2001 2:26 AM srussell@ci.stillwater.mn.us Removal of Staples Field basketball court Mr. Russell, I am writing to you in regards to the decision to remove the Staples Field basketball court. I understand that my timing may be a bit late on this, but I have just recently moved back to Stillwater after spending nine years in the Air Force. As such, I bring my concern up to you now, since it is the first moment that I have had to do so. After contacting a couple of different agencies, I was informed that my best course of action is to attempt to appeal the decision made to remove the basketball court. I will be honest, I do not know how to go about doing this, and therefore that is what I try to do with this text. I have a copy of the petition that was passed around, as well as the survey that went out in regards to Staples Field. After looking at the numbers, I hardly see how a decision to close the park was made. Question number three (in regards to having any problems with the park) shows that two-thirds of the people have no problems. Question number seven (in regards to park satisfaction) shows a sixty eight to seven margin of satisfaction. The basketball court was recently refurbished. How much did this cost? Who made the decision to upgrade it? What process was involved in getting it refurbished? I ask these questions, because it completely escapes me how all this money can be spent to fix it up, and now it is going to just be removed. I have heard much hearsay and speculation as to what the problems were that led to this decision. I do not know how much of it is fact and how much of it is fiction, but the answers all seem common sense to me. I am very sure I do not .e the whole picture, so please correct me where I am mistaken. #1 loud noise. It is a park. People are going to make noise in a park. That park has been there for more years than my folks and I have lived in this area, (over 20 years) and noise didn't just start happening a year or so ago. If you live next to a park, you have to have a certain tolerance for noise and activity. You would not remove a church's bell for ringing too loudly, would you? #2 People are there too late at night. Now, I can understand locking up the park at night to prevent excessive noise. This makes total sense. Ten o'clock p.m. is a very reasonable time to close it down. If necessary, between ten and ten thirty, a police patrol should drive by to ensure that the court has been cleared. I personally do not believe that is necessary, as if there is someone at midnight making noise, common sense would tell me just to call the police. #3 Profanity As far as the cussing and swearing go, I agree that should be kept out of a public area. However, let's be real for a minute here, no matter where you go people are going to be cussing. If it is excessive then the police need to be involved. If, as a resident who lives next to the park, I am bothered by excessive cussing and profanity, I'll call the police - as all residents should do. #4 Urinating in people's yards. Installing a semi-permanent porta-potty could solve this issue. Personally, I think it is sick that someone would resort to urinating in someone else's yard, but if it has happened, then the solution is simple and not all that expensive. #5 Gangs. Pardon my bluntness here, but after spending six years in Washington D.C. I can safely say that the North Hill of ~lIwater is not a hotbed of gang violence. If there are a group of individuals who are bullying around other people in the ..k or who are engaging in illegal activities then that is yet another matter for the police. #6 Personal threats; Property damage; Alcohol consumption and other criminal offenses. 1 Once again, I simply say, that is what the police are for. I find it absurd and ridiculous to believe that the basketball court is to blame, even IF these accusations are true. As 1 said earlier, my parents and I have lived across from all three parks for over twenty years and have never seen these issues. Therefore, even if they did occur, they happen on such an ~equent basis that once again it should fall into the hands of the police. If anything, the people who constantly run the ~p signs in the area are the ones the police should be watching for. Now, it may sound like the police have a monumental task ahead of them, and the writers of the petition will no doubt have you believe this. I, on the other hand, find much of this to be rhetoric to strike fear into the neighborhood so that they can get the vote of confidence that they need. In actuality, the police should be patrolling ALL of Stillwater, to include the Staples Field area, continually. If they are doing so on a consistent basis, the small amount of derelict activity that you will find there will be no more than in any other park in the city. I have looked at the petition to close the basketball court down. There are nineteen names on it. This is a far cry from the sixty-eight who are satisfied with the park (according to the survey). Upon closer inspection of the petition and the people who signed it, I see that many of the names are not even in proximity to the park to hear profanity or to receive threats. However, if they are receiving threats, I can quite honestly conclude that it is not the basketball court causing the dilemma. I talked with the Representative for Ward 2, where Staples Field and my residence reside. He has told me in no uncertain terms that he will not back me up in this plea. He cites that the basketball court is too close to residences. Well, I challenge that reasoning by noting that none of the people living directly next to the court were here when the park was established. You do not move next to a park in the vain hope that you will get it removed. That concept is absurd. When you move next to a park,common sense would indicate that you will have some noise and activity during the day and that you will just have to get used to that. If I did not want to be bothered by bouncing balls, people having fun and the occasional tennis ball or baseball in my yard, I would not live here. Recently, I have witnessed on many occasions people walking up to the basketball court to play only to be flabbergasted at its closure. Not just teenage kids mind you, but also mothers with children and even grandparents with grandkids. I have a fiance with an eight-year-old son; 1 would thoroughly love for him to play in all of Staples field, to include the basketball court. .at is the intended change? Who approved this change? How much more will this cost taxpayers like myself? I am vehemently opposed to the basketball court's closure. With this said, I will take all action that I am able to prevent its removal. I would hope that you can help me in this endeavor, whether it is helping me with an appeal, pointing me to the right agency or letting me get together with the parties involved in order to come to some arrangement. Whatever it takes, I am prepared to stand up and fight against the decision to close the Staples Field Basketball Court down. I would very much appreciate it if I would be able to talk to you, if you are the correct point of contact, in person to discuss this issue. Thank you very much for your time and help in this matter, <signed> John P. Schloe maxi iao@qwest.net <mai Ita: maxliao@qwest.net> (651 )439-91 04 333 West Aspen St. Stillwater, MN 55082 . 2 . . . ;13 '3 -11 PI tv.i-0-~ 5f:--, St iJlt;{5A~-i...--~-.!iZC' !5 '2- /4(1 VJ- I' I ~J )..,00 I ( M~. ~'4K/P~/, C.o", '^"'~ \ "~ ~ ..u:"1"~' 1 Q;:\,,-,,.;;6:..., :(\~. No q.t-\r. S\- ~+ \\ ( "vA +eA1. rnw 5'5"1../ "6 2._ O,Uv''- VI\A . ,1.v~XQ- I ~ tl-- \A.~~~O~' ,N~'.-#YVLU 1:<, ~,~~J~:, 4du~, -:;" ~ ~<LYftv ~ ~<":-',"',~Rh>"""'J -H..:- ~U "'t fL ~k~ C-e--u~ ~. S+tL~"--:l1:~JJL- ,< , , ^', ,-;' '\ >- -R..,'.O-~.. 4~..xz;..~ ~. Lo~~ ~ f7rrc<~ <W t:v r~/.1Lt,-'t; ~..<%~-;W/ ~d'trdi!. ~~~- . 7f>A.. 04.~ ~-g ';t'~ .) ~--</ !-ca~ a ,N.K.~ a:( ;)315 II . 'M{LJi,..'~~.' ~v.ft:. ~~ c<~.. ,<mM-ft... '~1., 3:t .~... ;.. 'fi... ,"--'.rJr:><~. ,Mii, _ 1", -ft." f~d- " it,-t.o+J ,~;th<J2x: A<".y ~~ d L<J"-4 Cv.~~ ~A,~~-fd ,,-<.f~<~/'} (~R.' IO~~)_~'.~~c> ~~,. ,k~ ki ~1 ~t-~ ~-fLe.-- c1Lkuy,-' ~,-J.l./ /tLJ ~'--l'--e/.-J ~~ /'^-l' ~ r~ ~ ~~ .lo~, ~ J"d<..-~" ~ . ~"v, Oir;t. 1;< r~ ~/ ~~;eWi!-.) c:J~ )-~Pv t* ~ ,hu ~ QA ^ ~ ~~ +. 'i.;c~ ~-<.~ ~~ ~ :f'~ ~ PiA;J\u, ~ ('~-b :"'^-<j ~.~'v _,~d...4/t~/\oIoV~"",-,1 ~. CY &.~~ tv A~J,~tL -.rl'-<-0- , " . ~~~~~ r~~~~ ~'" i w. ~ ~ i..[~ ..d: ~4." ';I: lu1r w ~c~ ~ ~ t.o ~ ~~ ~~ C\A~i-V\,,- ~ ~ ~~ ~:~~. ~~~- ~~l Jf tv ,~kV- ~ ~ ,*,,-, Lu~ J,k.,-e · ~Irj w~bf~ q~ 0 (' (-Ic-~ t The purpose of this petition is to halt the closure QMd ,"e:K'tn...nlnF fhb hncok.olhnll "a1).....1 on -IJ.b corner ,f..j" .'" ,. "I-V,,_... "J'" ~ vu~ ~I-V"""'''' ~v"'" '" '" "'."',.;, VJ Martha and Aspen Streets in the city of Stillwater. Recently a survey went around to local residents in regards to Staples Field, Although an overwhelming majority of the people (68 to 7) had neutral or positive feelings about the park, a petition was sent around to closetbe basketball portion ofit. With only nineteen (19) sigttatures, the petition was voted on and passed, Now, we have no basketball court for families and children to play in, It is the endeavor of all of the people's signatures below to halt the tearing down ofthe basketball court and to reopen it for use and recreation. wBL. ~tk- .......-..... ,. .z... ---~---