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HomeMy WebLinkAbout2009-11-10 CC Packet Special MeetingTHE IIATNPLACE Of MINNESOTA ADJOURNMENT SPECIAL MEETING AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street NOVEMBER 10, 2009 SPECIAL MEETING 7:00 P.M. CALL TO ORDER ROLL CALL OTHER BUSINESS • 1. Discussion on the proposal for outdoor use of St. Croix Recreation Center property by Stillwater Hockey Association and any proposed contract related to same (Resolution — Roll Call) ICE RINK USE AGREEMENT This ICE RINK USE AGREEMENT ( "Agreement ") is made this day of , 2009, between the CITY OF STILLWATER, a Minnesota municipal corporation and home rule city of the third class ( "Stillwater "), with offices at 216 N. 4th Street, Stillwater, MN 55082, and the STILLWATER AREA HOCKEY ASSOCIATION, a Minnesota nonprofit corporation with office at , Stillwater, Minnesota, 55082 ( "SAHA "). WITNESSETH Stillwater owns the St. Croix Recreation Center ( "Sports Facility "), 1675 Market Drive, Stillwater, Minnesota, which features two indoor ice rinks ( "Game Sheets "), and a multipurpose domed field house, and SAHA proposes construction of an additional outdoor ice sheet ( "New Ice Sheet ") scheduled to be completed in November, 2009, (collectively, the "Facilities "). NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I FINANCING Section 1. Financing & Construction. The cost of constructing the New Ice Sheet is estimated to be $65,000.00 and will be financed by SAHA, subject to the fulfillment of any other conditions as Stillwater may require with respect to the New Ice Sheet. Also, upon thirty (30) days notice to SAHA, SAHA will deposit annually with Stillwater, the sum needed to pay Musko Lighting for the costs of purchase and installation of lighting for the New Ice Sheets. The amount deposited will be used by the City to make the previously arranged five annual installments directly to Musko Lighting. ARTICLE II PRE— OPENING PHASE Section 2. Opening Date, Opening Phase and Responsibilities. 2.01 Opening Date; Pre - Opening Phase. The date when the New Ice Sheet is first opened for use by the general public is referred to as the "Opening Date ". It is planned that the Opening Date will be on or before January 1, 2010. After the date of this Agreement and through the Opening Date, SAHA will provide the services described in this Article II. The period between the effective date of this Agreement and the Opening Date is referred to as the "Pre- Opening Phase." 2.02 SAHA's Responsibilities: a. Consult with Stillwater on preparing the New Ice Sheet and after the Opening Date, including without limitation, to advise as to booking ice time and development of policies and procedures to implement this Agreement. Page 1 of 6 b. Construct the project according to the plans approved by the City Council on November 10, 2009. 2.03 Stillwater's Responsibilities: a. Provide the site and allow SAHA a license to construct the project according to the plans. b. Retain the right to approve all construction, grading, drainage and utility plans for the Project. c. Determine the operating hours and rate schedule of the New Ice Sheet and its various components in consultation with SAHA and the Manager of the Sports Facility, subject to the specific requirements of §3.02. d. Make all pass through payments to Musko Lighting in connection with the Lighting Component for the project in an amount equal to funds deposited with the City by SAHA for that purpose. Section 3. General: ARTICLE III OPERATIONS PHASE 3.01 Term. After the Opening Date and continuing during the term of seven (7) Winter Seasons, as defined in (the "Operations Phase "), Stillwater will provide SAHA with the services set forth in Article III. 3.02 Ice Time Distribution for SAHA. Stillwater agrees to allow SAHA ice time according to the distribution schedule generally set forth in this section. a. Winter Hours: Winter Hours will be scheduled as follows: i. A five (5) hour block of time will be reserved for SAHA practice sessions beginning at 4:00 p.m. and ending at 9:00 p.m. Monday through Friday during the hockey season, on one side of the New Ice Sheet. Weekend use by SAHA will be determined by the Sports Facility Manager after consultation with SAHA and the City, provided that at least five (5) hours each day be reserved for them. ii. The side of the New Ice Sheet not used by SAHA will be reserved for use by the general public. iii. The entire New Ice Sheet, when not used by SAHA, will be available for public use. b. Summer Hours. Summer, or off hockey season hours, will be reserved for public use. Page 2 of 6 3.03 Stiliwater's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the New Ice Sheet, subject to the foregoing allocation that is promised to SAHA and subject to the further condition that the rates will not be charged to SAHA for periods of their use during the term of this Agreement. b. Trash Removal. Haul trash from the Facilities, provided trash is placed in dumpsters provided by Stillwater, and maintain the Facilities in a presentable manner. c. Snow Removal. Plow snow from the New Ice Sheet and from parking lot areas to be used by visitors to the New Ice Sheet. d. Maintenance Operate, maintain and repair all outdoor areas of the Facilities. e. Ice Sheet Maintenance Oversee and supervise SAHA volunteers as needed to establish the Initial Ice Sheet each Winter Season, and thereafter assume responsibility for flooding as needed during the Winter Season, including the painting of circles, dots and lines. f. Fair Distribution. The ice time distribution schedule and rules specified in this section are intended to be used as a guide to ensure the fair distribution of ice time among the users of the Facilities. Strict adherence to the schedule may not always be practical and may be subject to reasonable change. Stillwater will fairly distribute rental adjustments between the user groups and will work with SAHA, and others, to arrange mutually agreeable alternatives. 3.04 SAHA's Responsibilities: a. At the beginning of each Winter Season, provide volunteers as needed to establish the New Ice Sheet under the direction of the Facilities Manager. b. After the Winter Season and the melting of the Ice Sheet, at the earliest opportunity, establish turf on the Rink Area in order that the use of the area as a playing field be maintained during the summer season. Turf may be established by either sod or seed at the discretion of SAHA after consultation with the Facilities Manager. ARTICLE IV GENERAL TERMS AND CONDITIONS Section 4. General: 4.01 Default, Right to Cure, Consent to Jurisdiction. It will be an event of default ( "Event of Default ") hereunder if either party hereto: a. During the Pre — Opening Phase, fails to construct the New Ice Sheet or make the payments required by Article I, Section 1, with regard to the financing of the Page 3 of 6 New Ice Sheet. In such event, the non — defaulting party may terminate this Agreement by written notice to the defaulting party with no opportunity to cure and any sums paid by one party to another must be promptly returned to the payor together with any interest actually earned thereon. b. During the Operations Phase, fails to pay any amount or to perform any material obligation required of it under this Agreement within thirty (30) days following written notice thereof stating such failure in detail. 4.02 Termination. After commencement of the Operations Phase and after the passing of four full Winter Seasons, either party, upon not less than one year advance written notice to the other party may terminate the Operation Phase of this Agreement effective as of April 1 of a designated year. 4.03 Event of Default. The parties agree that it is in their best interest 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. 4.04 Insurance. In connection with the agents, contractors or employees, each party 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 on its own employees. Each party will indemnify and hold harmless the other party from all costs, expenses, claims or damages resulting from any failure to comply with this Section. a. Stillwater will maintain existing Sports Facility insurance against any use or occupancy of the New Ice Sheet by SAHA or the general public. The amounts of the coverages will be the tort limits as specified in Minn. Stat. §466.04, and the City will name SAHA as an additional insured on this policy, and as its interests may appear. b. Neither party shall be liable to the other party for damages arising out of the occurrence of damage to or destruction of any portion of the Facilities or the contents thereof or the personal property of either party, or those claiming under them, by fire or other casualty or peril. Page 4 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) Page 5 of 6 CITY OF STILLWATER, a Minnesota municipal corporation Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk STILLWATER AREA HOCKEY ASSOCIATION Notary Public On this day of November, 2009, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of November, 2009, before County, appeared say that he is the of the Stillwater nonprofit corporation and that this instrument was corporation. Page 6 of 6 me, a Notary Public within and for said , who, being duly sworn, did Area Hockey Association, a Minnesota signed as the free act and deed of the Notary Public MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • FAX: (651) 439 -5641 www.MA0NusoNI.AwF18m.com DAVID T. MAGNUSON JOHN D. MAGNUSON DTMAGNesoN@MAGNusoNI.AwEr8m.com MAGNUSONLAWFIRM.COM JDMAGNUSON @MAGNUSONLAWFIRM.COM MEMORANDUM TO: Larry D. Hansen, City Administration CC: Linda Amrein, Chair Parks and Recreation Commission FROM: David T. Magnuson, City Attorney DATE: November 6. 2009 RE: November 3, 2009 Complaint or Discrimination by Minnesota Amateur Hockey Association District 2 I have reviewed the letter sent by Gregory R. Anderson of Anderson, Larson, Hanson, and Saunders that was directed to the City regarding a complaint of discrimination directed to the Minnesota Amateur Hockey Association District 2 ( "MAHA "). The letter requests that since the Stillwater Area Hockey Association ( "SAHA ") is affiliated with District 2, the City prohibit the SAHA and other District members from the use of City owned facilities until District 2 changes its rules to reflect equal treatment for all athletes. To begin with, amateur hockey in the United States is controlled by the American Amateur Hockey Association. This Association is comprised of state organizations and in Minnesota the state affiliate of the American Amateur Hockey Association is known as MAHA. MAHA is comprised of districts as determined by MAHA. Currently, District 2 contains 8 hockey associations, White Bear, Stillwater, Tartan, Mounds View, North St. Paul, Roseville, Forest Lake and Mahtomedi. In this instance, the discrimination complaint is directed at District 2, and assuming the complaint to be true, SAHA is not responsible for actions taken by a majority vote of the District 2 managers. To say that SAHA is responsible for actions of District 2, would be similar to requiring the City of Stillwater to be responsible for wrongful actions of Washington County, or that Stillwater or Washington County be responsible for wrongful actions taken by the State of Minnesota. Accordingly, in my opinion, there would be no basis for denying local and District 2 hockey associations access to Stillwater public facilities based upon the alleged wrongful act of their parent organization. /nm 2 Respectfully submitted, David T. Stillwater agnu ity n ttorney