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Home My WebLink About2011-09-26 PRC packetCITY OF STILLWATER ST:ILLWATER PARKS AND RECREATION COMMISSION NOTICE OF MEETING SEPTEMBER 26, 2011 AT 7:00 PM The City of Stillwater Parks and Recreation Commission will meet on Monday, September 26, 2011, at 7:00 p.m. in the Council Chambers of Stillwater City Hall, 216 IVorth Fourth Street. AGENDA Approval of the August 22, 2011 minutes 2. Open Forum - The Open Forum is a portion of the meeting to address the Board on subjects which are not a part of the meeting agenda. The Board may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. Action Items 3. Millbrook Park Open House 4. Downtown Beautification Budget Informational Items 5. Upcoming Events a. Elks Tree Selling b. Harvest Fest Commission Items /Topics Iwa 0.. H= R R T H P i. F. is E C. F.! ; N N F 5 0 1 A CITY OF STILLWATER ST:ILLWATER PARKS AND RECREATION COMMISSION NOTICE OF MEETING SEPTEMBER 26, 2011 AT 7:00 PM The City of Stillwater Parks and Recreation Commission will meet on Monday, September 26, 2011, at 7:00 p.m. in the Council Chambers of Stillwater City Hall, 216 IVorth Fourth Street. AGENDA Approval of the August 22, 2011 minutes 2. Open Forum - The Open Forum is a portion of the meeting to address the Board on subjects which are not a part of the meeting agenda. The Board may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. Action Items 3. Millbrook Park Open House 4. Downtown Beautification Budget Informational Items 5. Upcoming Events a. Elks Tree Selling b. Harvest Fest Commission Items /Topics CITY OF STILLWATER PARKS AND RECREATION COMMISSION AUGUST 22, 2011 Present: Linda Amrein, Don Stiff, David Brandt, Solveg Peterson, Sandy Snellman, Scott Christensen, Councilmember Mike Polehna Absent: Rob McGarry Staff Present: Assistant Public Works Superintendent Tim Moore Ms. Amrein called the meeting to order at 7:05 p.m. Approval of Minutes: Ms. Amrein asked for clarification as to where the new DNR ramp will be that is mentioned on page 2 under Aiple Park. Mr. Moore responded that the ramp will be added at far end of the driveway to the lift station, just inside the Sunnyside entrance, about 1,000 feet in. There was also a correction on page 1 under Lowell Park. It should read "developing turf" and the words "for soccer, football and baseball" should be taken out. Ms. Snellman, seconded by Mr. Stiff, moved to approve the July 25, 2011 Parks and Recreation Commission minutes as amended, removing the words after developing turf "for soccer, football and baseball." Motion passed unanimously. OPEN FORUM Andrew Tomten, who lives by the courthouse on South 5 th Street, stated that he is from Boy Scout Troop 114, and is planning his Eagle Scout service project. He would like to build a canoe rack at Lily Lake, near the beach by the hockey rink for convenient carrying distance, or by the north end of the boat launch. He is asking for approval and support for his project. The rack will provide temporary storage for 6 -8 canoes. If longer term storage is necessary, a locking system would be needed, but people could provide their own locks. Mr. Polehna suggested having canoe racks on several lakes. The project requires about 200 hours of service, including research on materials and building style, along with the actual work. As a possible alternative, Mr. Moore suggested the need for kiosks to hold information and maps at various walking and biking trail heads. Mileage markers on posts would also be helpful. Another suggestion was sign holders on posts, using something that would be easy to change information as needed such as clear plexiglass in a frame. There is also a need for fire pits in various parks. These would all be good projects to involve other scouts in as well. Ms. Amrein suggested the Commission give Andrew their support for whichever project he decides on, and that he should work with staff on actual details, materials, and location. Mr. Moore offered to be the contact staff person. Parks and Recreation Commission August 22, 2011 Page 2 of 4 ACTION ITEMS Continued Discussion on the 5 -Year CIP Proposal /Work Plan As part of this 5 -year CIP, Commissioners were asked to review the list and prioritize projects or add any items. Mr. Moore explained that, for instance, $45,000 is budgeted for construction and maintenance of tennis and basketball courts at various parks, wherever it is needed the most. The funding source of "GO Debt" indicates General Obligation bonds. All CIP purchases are GO Debt. Not all of the items listed will need to be a part of CIP since smaller projects can be done with city manpower, and won't generate extra cost other than materials and equipment. Mr. Brandt felt that bike facilities for downtown and Browns Creek Park should be a high priority. There could be 50,000 bikers coming through Stillwater per year using the new Gateway trail created by the State, so the need for bike racks is great. Improving connections and road overpasses for trails is also high priority, as is the addition of bathrooms. All of this will bring more visitors and more business to Stillwater. $192,000 has been requested for trail improvements over the next 5 years. Trails needing attention are Long Lake Trail, Cty Rd 12 trail which is a county trail but maintained by City and Cty Rd 5 Trail by the golf course and between Orleans & Curve Crest. General consensus was that Stillwater needs to add more bike racks, benches and possibly bike lockers based on predicted usage of the Gateway Trail and other park trails. Benches and bike racks could be sponsored by individuals and groups to save some cost. Ms. Arnrein asked about plans for Bergman Park in Legends. This park has a ball field and two soccer fields, but possibly be a priority for playground equipment. She suggested starting some neighborhood meetings about what should be added here. Another question was asked about developing a trail system by the 4 th Street ravine at Hickory, starting at 4 th and going northeast behind the old prison. This would be a nice connection with downtown, but there are easement issues, as the City does not own all the property along the ravine. Some draining improvements have already been done. Liberty Square neighborhood has requested playground equipment, but that area seems more like a commercial area, so may not be a top priority. Residents could use Settlers Park. The following list was suggested for prioritizing projects for 5 -year CIP. High Priority Preparing for Browns Creek Trail Legends Park wooden structure needs replacing Lily Lake Park needs conduits for lighting, improve tennis courts and beach Bike Racks Trail Improvements Millbrook Park Development Pioneer Park — band shell improvement, electrical upgrades Railings that present a safety concern Parks and Recreation Commission August 22, 2011 Page 3 of 4 Northland Park needs maintenance, drainage improvement and playground equipment Lowell Park Improvements (some for safety concerns). Recreation Center — Message Board repaired Lower Priority Long Lake Open Space — picnic shelter, trails Aiple Park Development - contingent on the bridge Staples Field Boutwell Cemetery Public Works Field — bleachers Bergman Park — playground with neighborhood input Other ideas discussed were winter usage of parks for skiing, skating, etc. at Browns Creek and Northland. Maybe install boardwalks for skiing or possibility a warming house in Browns Creek. There is a group that grooms the area and there is some snowmobile usage. It was suggested that it would be nice to have small fishing piers for kids to use, and that this could be an idea for an Eagle Scout project. Parking would have to be considered. Mr. Moore stated that he has been approached by a few people about an aquatic facility, but the $8 -10 million it would cost to build such a facility in addition to high annual maintenance costs are prohibitive. Fall Colors Fine Art & Jazz Festival The agreement is similar to last year's and will be reviewed by Council on September 6. Mr. Moore explained that according to the new special events policy, organizations involved will be invoiced for certain services that the City provides. In the past, the City provided four port -a- potties in lieu of closing Lowell Park restrooms and the applicant provided four additional port-a- potties. This year the Lowell Park restrooms will remain open because the event is being held entirely north of Chestnut Street. Therefore it is proposed to charge for the park fee, use of barricades and electricity, and require eight port-a- potties to be paid for by the applicant. Ms. Amrein, seconded by Ms. Snellman, moved to approve the Fall Colors Fine Art & Jazz Festival agreement as presented, including a park fee of $500 and charging the applicant for the use of barricades, electricity and eight port-a- potties. Motion passed unanimously. Ms. Snellman said that she had read that there may be a crew on hand filming a movie. Mr. Moore explained that this would be a separate issue, requiring a movie permit from the City. Millbrook Development Park This year staff began improving the turf and installing an irrigation system. Mr. Moore stated that he has been approached by the St. Croix Valley Baseball Association to partner on the development of a youth baseball field. There has been in increase in requests for more fields. Mr. Moore proposed moving the gazebo taken out of Legends Park to Millbrook Park. A neighborhood meeting to allow input from the surrounding residents about the park development was set for September 26 at 7 p.m. as part of the regular Parks Commission meeting. Notices will be mailed out shortly. Parks and Recreation Commission August 22, 2011 Page 4of4 INFORMATIONAL ITEMS No informational items presented. COMMISSION ITEMS /TOPICS Ms. Amrein received a call in early August from Alison McGinnis, whose group would like to give a Power Point presentation to the Council and /or the Con irnission about the proposed dog park. It was suggested that the group attend an upcoming Parks meeting and make their presentation, including a list of prioritized location options. Mr. Polehna informed the Commission that a resident complained to him that Pioneer Park is so overgrown that he can't see the river any more. Mr. Moore responded that they have done some trimming and are getting quotes on the locust trees and brush that need to be removed. Prairie restoration will be done in the little area in Northland Park between the sidewalk and the woods, not around the horseshoe area and may be done next year. Meeting adjourned at 8:50 p.m. Respectfully submitted, Carol Danielson Interim Recording Secretary s � fer va !'NE H!.4 HP'..ACE 0! hi 1NNE.S01A Memo To: Parks and Recreation Commission From: Tim Moore, Assistant Public Works Superintendent Date: September 22, 2011 Re: Millbrook Park At the August 22, 2001 Parks and Recreation Commission Meeting the Commission scheduled a neighborhood informational meeting for the development of the park. Attached is the proposed plan approved by the Parks Commission on September 26, 2006. The open house will be a chance for the residents to review the plan and provide comments. The format for the meeting will consist of a short presentation of the key features in the park followed by a question and answer period. RECOMMENDATION Staff recommends that the Parks & Recreation Commission gain feedback from the residents and make recommendation to City Council. (9 t � a `� S, ........._._ ..... - . b it B R' H° LA i; E 0 F N11 N E S 0 A Memo To: Parks and Recreation Commission From: Tim Moore, Assistant Public Works Superintendent A'� Date: September 22, 2011 Re: Downtown Beautification Budget The Stillwater City Council budgeted $15,000 in fiscal year 2011 for downtown beautification. According to the downtown beautification plan the Park and Recreation Commission approves the yearly budget for the expenditures. To date the city has spent $4575 on spring and summer plantings for pots, mulch for planting beds downtown and banners. We will spend approximately $8700 on holiday decorations, refurbishing banners and refurbishing the entry sign at the south end of downtown. This will be a total of about $13,275 for fiscal year 2011. Staff has met with downtown merchants and through their input has developed expenditures items for 2012. The Commission may add or remove items from this list. For fiscal year 2012 staff is proposing the following: $3500 Spring and summer plantings for pots. $1000 Banners $2000 Kiosks $2000 Holiday decoration 6500 New pots, benches, planters and sidewalk cleaning $15,000 Ixiri u7 v 1►�i1�► N e O7►1 The Parks and Recreation Commission should review and provide recommendation to Council for approval of the 2012 budget items for downtown beautification. r j Iwa t e r 1 : H' H 0 1 1. A C E 0� M I N N E S 0 f A Memo To: Parks and Recreation Commission From: Tim Moore, Assistant Public Works Superintendent�(� Date: September 22, 2011 Re: Upcoming Events Stillwater Elks Lodge Tree Selling The Stillwater Elks Lodge #179 will again be using Lily Lake tennis courts for the sale of Christmas trees. This request has been approved by City Council. Stillwater Harvest Fest Summer Tuesdays Inc. and the Stillwater Convention and Visitor's Bureau made application for the annual Stillwater Harvest Fest. This year the event is going to be held on Friday, October 7 and Saturday, October 8 in Lowell Park. This application has been approved by the Downtown Parking Commission and City Council with the following conditions from Council; denied the variance request of the noise ordinance for the band to play past 11:00 p.m. on Friday night and to relocate the area of liquor sales from the City parking lot to the Water Street Inn parking lot. RECOMMENDATION Review and provide comments. Stillwater Elks Lodge No. 179 B.P.O.E. Telephone: (651) 439-5276 E -mail: stillwaterelks @yahoo.com August 25, 2011 City of Stillwater Stillwater, MN 55082 To Whom It May Concern, t , C 1905 Greeley Street South Stillwater, N/1N 55082 Elks Lodge # 179 would like to use the Lily Lake Tennis Courts for the sale of Christmas trees again this year. This will be our 25 year offering trees to the Stillwater community, and again we will use this project to provide trees to those families who cannot afford to buy one. As in the past, we will clean up after ourselves and leave the courts in excellent condition. We expect to continue to help the citizens of the Stillwater area with contributions to scouting, city parks, United Way, research foundations, Hoop Shoot and Soccer Shoot , umpetitions, scholarships, area schools, etc. Thank you and the City of Stillwater for your support. Fraternally, Leonard W. Schrade, Chairman 1711 W. Olive Street Stillwater, MN 55082 Phone: (651) 439 -4884 eels• '�sl Z/'/d -G8a3 e EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 T H E O 1 1 1 T 11 ► L A C E Of M I N N E S O T A - Telephone: 651 -430 -8800 Fax: 651-4 30-8809 C E 1V Incomplete applications or applications received after deadline will not be office use onl accepted. See Event Instructions for application deadline and fees. Date Apr Date of Application: � / Type: lication ReceAr 2011 vent Special Event Event wl Contract Event Information ENGINEERIN Title /Name of Event �� E ,S�l�� ✓ f�- Event Date/Time: Set up: Date �d Time to %✓ 14--l' / t v ii Actual Event: Date Z0�� fQ� Time r /a & 6 to Clean up: Dat / Time Io - / to (Events after 10:00 p.m. require a variance from City Council Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Il - llf6i,. ;L�tCtfif.�cSLr°- � 7� �w . f S O � /�e - ,c � �Ji 7� ✓ f�� C�CR <�C� �'.� - <T� / ��`' ti 'P�j _ p A � .L /1 �� i � � Estimated Attendance (partic nt and Eedatorssy 1--e- 1— -49 Applicant Information (Person /Group Responsible) Sponsoring Organization Name: Mailing Address:i /'�� City, State, Zip Code: �•� / Gerc2 /� �� Primary Contact /Applicant Name: �. Phone Number: J�s X725- Fax: Cell Phone: Email Address: C <� / Website Address: ",44 S'1/ -il- ., Ala107 lj f J-44 W`T- -S 7 Name of contact person during event: y .lam "'eAeJ — Cell Phone: Alternate contact during event: Cell Phone: Refer media or citizens inquires to: l . i,� �� Phone: 6�/ W f(� Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs /banners be put up No ❑ Yes f Number and size: l / Will there be any inflatables? No Yes ❑ Insurance certificate from rental vendor is required Will there be entertainment? No E] Yes i Fees for electricity may What type: S Instructions >Gi apply see Will sound amplification be used? No ❑ Yes [� Hours and Type: L p Ak l Z — 5 D %Me$, BOr— Will a stage or tent(s) be set up? No E] Yes Yes � 7"e-'n t �'` sue... «S pia Will there there be temporary fencing? No ❑ Yes Will merchandise /food items be sold? No ❑ Yes How many Fees for electricity may Qr' vendors expected: apply see Instructions Will food be prepared on site? No ❑ Yes Contact Washington County Health Department 651 -430 -6655 Will cooking operations be conducted? NO ❑ � Yes 14 Contact Stillwater Fire Department 351 -4950 ? Will alcohol be served but not sold. �a rlo ❑ Yes � See Alcohol R in the Instructions 13a—e g Will alcohol be sold? / y / NO ❑ Yessl See Alcohol Regulations in the Instructions Will there be a fireworks display? N O Y es ❑ Permit required, contact Stillwater Fire Department 651-351-4950 Describe pow e needs a of power source. l l � o c a tt/ iion Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available - y� 5 City Services (After reviewing the event application, city services maybe requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right -of -way No F-1 Yes � Start/End Time: F r �� a / 9a Date: 4` /t /7 City Sidewalks or Trails No Yes ❑ Start/End Time. Date: Public Parking Lots or Spaces No ❑ Yes 59: Start/End Time: Date: Will event need barricade(s)? No El Yes Yes J may apply Number needed: see Instructions Will extra picnic tables be needed? No Yes Number needed: Fees may apply see Instructions �-S�s i Will portable restrooms be needed? No El Yes Fees may apply Number needed: t'c�yc' L,e. see Instructions //,� Will extra trash receptacles be needed? No El Yes Number needed: �t�v� -4 / L;;�� • Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: "��1 �E% Z� /l df�SL1 f c <J zeel �u ' /� / w' %�� y . u ve 6 l Will event need traffic control? No ❑ Yes ContoctStillwoter Police Deportmentfor assistance, 651- 351 -4900 Describe crowd control procedure to ensure the safety of participants and spectators: a/ /. Will "No Parking Signs" be needed? No ❑ Yes Number needed: Fees may apply see Instructions KJ Show location(s) on site map Will event need security? N O ❑ Yes X If security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ❑ Yes l Contact Lakeview EMS, 651- 430 -4621 Describe lans to provide first aid, if needed: P P r Describe the emergency action plan if severe weather should arise: 'Park i . c7 S �� S'Ea. i of List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" maybe required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear. " As the sponsor or authorized representative, l certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of s ' er anOare se o f Liability. Sign r of Applicant or Authorized Agent Date I / A I 1 ♦ 1w� TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: September 9, 2011 RE: Parking Fee for Stillwater Harvest Fest BACKGROUND Summer Tuesdays Inc and the Stillwater Convention and Visitor's Bureau are sponsoring the 2011 Stillwater Harvest Fest. It is being expanded this year from one to two days to allow the addition of new activities. On Friday evening there will be a Street Dance with alcohol sales (a Temporary Liquor License will be needed for this) and on Saturday evening there will be a free beer and wine tasting (a permit to consume will be needed for this). The event will be located in North Lowell Park and the adjacent City parking lots. WAIVER OF 10 PM LIMIT FOR AMPLIFIED MUSIC Music for the Street Dance will be played from 4 to 11 PM. The nuisance ordinance requires outdoor music to end at 10 PM usually. However, the Council has the option of waiving the time limit for events. And, in the downtown area, the Council's consideration of the waiver request does not need to be proceeded by public notice. CONTRACT This special event will be by contract. This allows the parking fees to be negotiated at a lower rate than established in the city's annual fee resolution. It also allows for responsibility clarification for the many elements of the event. If the Council is comfortable with the contract (see exhibit), it could be approved by adopting the attached resolution of approval. PARKING FEE All 46 parking spots in Lot #4 and 50' spots in Lot #5 will be reserved all day Friday and Saturday. The lots will be posted for the event on Thursday evening. Attached is an air photo showing the festival layout. There are 32 paved and well striped spots. The remainder of the lot is gravel. Since the gravel is not striped, the number of parking spots is hard to detennine. Though the number of potential spots in the gravel area is over 30, people park where they will. So, if the entire lot is being reserved, we have by policy decided that we would consider that to be 50 parking spaces. Page 2 of 2 The parking fee as established by Resolution 2010 -204 and applied to this event is presented in the table below. A second table shows a modified fee as recommended by City planning staff. The difference in the two fees is accounted for by the reduced daily rate. The standard fee assumes a triple turnover of each spot and therefore charges three - times the normal parking rate. But, since the two lots to be reserved are not pay lots, staff suggests charging just the $3 base fee for each reserved space. This base fee has been approved for most events that use non -pay lots, so it would be consistent to apply the same policy to this event. Fee by Resolution 2010 -204 Lot Number No. of spaces Standard fee Number of days Total fee 4 46 $9/space/day 2 $828 5 50 $9 /space /day 2 $900 TOTAL $1,728 Staff suggested Fee Lot Number No. of spaces Suggested fee Number of days Total fee 4 46 $3 /space /day 2 $276 5 32 2 $3 /space /day 2 $192 TOTAL $468 OTHER FEES According to the Special Event Policy, the following will be charged for this event in addition to the parking fee. Park Usage Fee $500 Outlets: $20.00 X 2 outlet boxes X 2 days $80 Barricades: $2.00 X 8 regular barricades X 2 days $32 Permit to Consume Alcohol $35 Temporary Alcohol Permit (to be paid at time of application) $25 Portable restrooms X 2 $120 TOTAL $ 792 Refundable damage deposit $250 If the event sponsors provide their own barricades and portable restrooms, the total amount could be reduced by $152. ACTION REQUIRED 1) Review and take action on special event contract by approving or denying attached resolution. 2) Review and take action on the request to waive the 10 PM music limit. 3) Review parking fee and decide upon amount to be due. attachments: application materials contract contract resolution 2 Suggest paying only for paved spaces. 2011 STILLWATER HARVEST FEST This Agreement between the City of Stillwater, Washington County, Minnesota ( "City "), in conjunction with the Stillwater Harvest Fest of 2011, part of a community wide celebration of the City (the "Event "); and Summer Tuesday Inc, and the Stillwater Convention Visitors Bureau a Minnesota non- profit corporation ( "Organization "). 1. Celebration The City has encouraged the Event as a community wide celebration in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Event /Alcohol The Organization has been granted authority to dispense intoxicating Liquor at the Stillwater Harvest Fest. It is the purpose of this Agreement to set forth the terms and conditions that will control the dispensing of Liquor at the Event. a. The Area. The area where dispensing of Liquor will be permitted is in the public parking lot 5 and also in Lowell Park north of Myrtle St. b. Fencing. The Area must be securely fenced by the Organization. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy of exiting in the fence must comply with the Minnesota Code as administered by the City Fire Chief. c. Security. For the purpose of this plan, all Entry /Exit gates to the Area must be controlled by security personnel while alcohol is being served. At each of these entry /exit points, a paid professional security guard must be in place to insure that no beer or liquor enters or leaves the Area. d. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. e. Signs. Signage will be prominently displayed at each entry /exit point the number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. f. Identification. The Organization will provide at no charge liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. g. Compliance. The Organization shall obtain a temporary liquor license for the selling of alcohol on Friday, October 7, 2011 and also obtain an alcohol consumption permit for Saturday, October 8, 2011 with respective fees paid to the City. Prior to opening date of the Stillwater Harvest Fest, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under- age consumer, sales after hours, over - serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. h. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43 -8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 3. Noise Control The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 4. Hours of Operation Operations are limited to 4 p.m. to 11 p.m. Friday, October 7, 2011 and 10 am to 6 pm Saturday, October 8, 2011. (Setup 8 am to 4 pm Friday, October 7, 2011 and cleanup 6 pm to 12 pm Saturday, October 8"', 2011). Liquor sales /serving will cease 15 minutes prior to event ending time (Friday 10:45 pm and Saturday 5:45 pm). 5. Music Musical entertainment must cease no later than 11:00 pm on Friday, October 7, 2011. 6. Police Power The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that event, the Organization will cease dispensing Liquor and must assist the police in the clearing of the Area. The park will be closed at midnight each night of the Event. 7. Trash The Organization shall furnish dumpsters or roll -off boxes in sufficient quantity to contain the accumulation of trash generated by the event(s) and shall see that all trash is picked up daily and deposited in dumpsters, including the emptying of park trash receptacles. 8. City Services The type and amount of materials needed for the Event will be determined by the Assistant Public Works Superintendent. The Organization shall be required to provide portable restrooms to augment the existing facilities, barricades for street closure and electricity for vendors. The Organization may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater event permit fee schedule. 9. Exclusive Use of Lowell Park In return for the exclusive use of the North End of Lowell Park and the right to sublease spaces within the north end of Lowell Park only, the Organization agrees to the following: a. The Organization will pay a damage deposit of $250 and a user's fee of $500 to be paid at the signing of this Agreement. The damage deposit of $250 to be refunded in whole or in part, depending on amount of damage, if any, as determined by the Public Works Superintendent. The Organization shall be responsible for any damage that is not covered by the deposit. Page 2 of 4 b. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel the Police Chief requires. 10. Parking Lots Use The event is given use of Lot 4 (Bridge Lot), Lot 5 (Mulberry Point Lot), the eastern most road of the Water Street Inn parking lot from Myrtle Street to Mulberry Street. The Organization will reimburse the City for use of the City parking lots as directed by the City Council during the Event. 11. Water Use The Organization will provide copies of permits received from Washington County Sheriff's Office for the permission to hold Regatta on the St. Croix River, 12. Insurance The Organization must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy " as their interest may appear" and Liquor Liability coverage as described in Minn. Stat. §340A.409, evidenced at a minimum, the coverage described in Minn Stat. §340A.409, subd. 1 with regard to Stillwater Harvest Fest. 13, Hold Harmless and Indemnify The Chamber agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the Area, including the dispensing of liquor pursuant to this Agreement. 14. Event shall be as described in the attached Events Permit Application, which may have comments and shall become a part of this Agreement. IN WITNESS WHEREOF, the parties have set their hands this day of , 2011. SUMMER TUESDAYS, INC. Subscribed and sworn to before me this day of , 2011. By Its Notary Public Subscribed and sworn to before me this day of , 2011. STILLWATER CONVENTION VISITORS BUREAU By Its Page 3 of 4 Notary Public CITY OF STILLWATER Ken Harycki, Mayor Attest: Larry Hansen, City Administrator Subscribed and sworn to before me this day of 3 2011. Notary Public Page 4 of 4