city of woodbury, minnesota city council workshop meeting … agendas/council... · city council...
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The City of Woodbury is subject to Title II of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability by public entities. The City is committed to full implementation of the Act to our services, programs, and activities. Information regarding the provisions of the Americans with Disabilities Act is available from the City Administrator's office at 651-714-3500. Auxiliary aids for disabled persons are available upon request at least 72 hours in advance of an event. Please call the ADA Coordinator, at 651-714-3500 (TDD 651-714-3568) to make arrangements.
CITY OF WOODBURY, MINNESOTA CITY COUNCIL WORKSHOP MEETING ASH AND BIRCH CONFERENCE ROOMS
WOODBURY CITY HALL
MARCH 15, 2017 6:00 p.m. Dinner – City Hall Lunch Room WORKSHOP AGENDA 6:30 p.m. 1. Ojibway Park Master Planning Process 17-56 7:15 p.m. 2. Woodbury Heritage Society Miller Barn Agreement 17-57 7:50 p.m. 3. BREAK 8:00 p.m. 4. Phase II Annual Update* 8:30 p.m. 5. Comprehensive Plan Update* 8:45 p.m. 6. Administrator Comments and Updates1 8:50 p.m. 7. Mayor and City Council Comments and Commission Updates1 8:55 p.m. 8. Adjournment
*Verbal update
1. Items under comments and updates are intended to be informational or of brief inquiry. More substantial discussion of matters under comments and updates should be scheduled for a future agenda.
1 CITY OF WOODBURY, MINNESOTA
Office of City Administrator
Council Workshop Letter No. 17-56 March 15, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: Ojibway Park Master Planning Process SUMMARY The process for Ojibway Park Master Planning began in July of 2016 with the hiring of LHB consultants. Lydia Major is a Landscape Architect who is serving as the project lead for LHB. Lydia will be attending the workshop to present the results of the needs analysis and potential park concepts. Engagement for this project included site visits and meetings with City staff, Parks and Natural Resources Commission site visits, a Council Workshop site visit, focus group meetings with athletic groups and the Woodbury Days team, an online community survey and social media input, intercept boards at Woodbury Days, and a neighborhood meeting. Overall, the City received a significant amount of public feedback through a wide variety of outreach methods. There were several overarching themes that came out of these events, including:
Ensure that Ojibway Park is a community-wide asset Retain and enhance the natural qualities of the park, including habitat and trails Support Woodbury Days as a key event in the park Improve access to and visibility of the park Increase facilities and programming for recreation, fitness, and play Improve existing structures and parking lots Enhance circulation within the park Prioritize the bandshell and associated programming
The concept plan with options supports the feedback we received during the community engagement process in the following ways: Ensure that Ojibway Park is a community-wide asset
Develop a unique and memorable set of facilities and amenities, focusing on family-friendly, nature-oriented activities
Enhance the park’s identity and branding at entrances and key locations Support programming that brings the whole community together, such as
Woodbury Days, movie nights, and other larger gatherings
Council Workshop Letter No. 17-56 March 15, 2017 Page 2 Retain and enhance the natural qualities of the park, including habitat and trails
Retain natural areas throughout the park, and restore wetlands where feasible Provide appropriate storm water treatment according to current standards. Create several “Eco Hubs” with opportunities for observation, nature play, and
hands-on learning Install boardwalks at key wetland crossings and observation points
Support Woodbury Days as a key event in the park Improve circulation within and access to park via new trail construction Construct new building with multi-purpose room, food prep capabilities, and
storage Retain flat, open space in parking lot Protect existing investments in electrical and other infrastructure
Improve access to and visibility of the park Establish gateways at park entries Improve edge treatment of park in key locations to improve visibility
Increase facilities and programming for recreation, fitness and play Create Adventure Play Hubs with opportunities for free-form play, art play,
sensory play, and other types of play beyond that which a conventional playground offers
Retain existing athletic fields and facilities, hockey rink, and improve drainage where needed
Potentially add programming for ice skating Strategically relocate and enhance existing playground Consider adding outdoor fitness equipment along a trail loop
Improve existing structures and parking lots Construct new building with multi-purpose room for family friendly
programming, warming house, storage, and restrooms Consider some parking to grass pavers, retaining flexibility for event parking
while reducing total hardscape Enhance circulation within the park
Create wayfinding system and increase signage throughout park Selectively build new trails where there is an opportunity to create loops and
routes within the park, targeting a 5K loop among other amenities Improve existing trails where needed, adding connectivity nodes at key
intersections for rest and reflection Prioritize the bandshell and associated programming
Site the building in such a way as to improve its relationship with the bandshell and associated programming
Make key improvements to bandshell, including upgrading audio-visual equipment and storage
Council Workshop Letter No. 17-56 March 15, 2017 Page 3 Outdoor Refrigerated Rink Options Included in this concept plan are potential options for the existing hockey rink, which could include refrigeration and a canopy cover. If the Woodbury Hockey Club used this location for their ice time needs, a hockey building expansion could be added to the existing WAA building to fully support this use. An alternative is to leave the rink and uses as is, allowing the rink to function as a neighborhood hockey or pleasure skating rink. Regardless of the option selected, the base plan of the park will remain the same. A decision on the hockey rink needs more study to compare costs and pros/cons for the two options. PNRC REVIEW & RECOMMENDATION The Parks and Natural Resources Commission reviewed this concept plan at the March 7th meeting, and strongly support the concept proposed. All agreed that a concept, which focuses on enhancing the natural qualities of the park and provides family opportunities for the community, is the right decision for this plan. The group agreed the base package of the plan was appropriate and liked this approach, which would allow phasing over time. Several options were well received by the entire Commission. Boardwalks, a large patio associated with the building, a water play feature, adventure/eco play hubs, additional trail connections for looping options, and wayfinding signage were all at the top of each commissioner’s list of deliverables for this project. Many of these options encourage park users to explore the entire park, which was a common theme in the discussion. The Commission also unanimously agreed that Bielenberg Sports Center would be a better location for a covered refrigerated hockey rink. A covered refrigerated rink would work well at both locations and has great summer use potential, but hockey belongs at Bielenberg Sports Center was the overall feeling of the group. RECOMMENDATION Staff requests Council provide input and guidance on the attached concept with options, which will influence the overall Ojibway Park Master Plan. BUDGET IMPACT The 2017-2021 adopted Capital Improvement Plan identifies $318,362, for parking lot replacement, in the 2019 Capital Improvement Fund, and $412,000 for a building replacement at Ojibway Park, in 2016. In addition, $612,000, for a future refrigerated rink or park amenity, is identified in the Park Dedication Fund for 2017. All of this funding may be available for this project and additional funding may be needed depending on what amenities are selected for this park. With the needs study complete, the design team will identify and refine the costs of proposed improvements programmed for 2018 based on Council’s direction. The known costs of the project includes a lump sum fee of $19,500 for the needs study, $44,600 for site master planning/schematic design and initial cost estimating, and a 10.5% cost of construction fee for design development/preparation of construction documents. BACKGROUND
Council Workshop Letter No. 17-56 March 15, 2017 Page 4 The replacement of the main park building at Ojibway Park was proposed for 2016. After continued conversation among City staff and with Council during workshops, it was determined that the Ojibway Park building replacement project should include a Master Plan of the entire Ojibway park area. Furthermore, the La Lake Park large-group picnic shelter and park development was put on hold to allow additional funding for the Ojibway Park Master Plan Project at this time. PUBLIC PROCESS Key Milestone Project Dates August 4, 2015 PNRC takes first park tour for project May 18, 2016 RFP’s created for architectural services and site plan design July 5, 2016 PNRC takes second park visit for project July 27, 2016 LHB selected as consultants for project. August 17, 2016 Council Workshop site tour with City staff and LHB August 23, 2016 Kick-off Meeting with City staff and LHB Held August 26-28, 2016 City staff at Woodbury Days gathering public input on project October 18, 2016 Neighborhood Meeting held at City Hall March 7, 2017 PNRC provided recommendations to Council on initial concept plan March 15, 2017 Council Workshop to review concept plan June 2017 Finalize Master Plan concept with public engagement September 2017 Review Preliminary report and financing November 2017 Final report delivered and Council adoption of project First Quarter 2018 Construction begins A second round of public involvement will occur with the consultant to ensure that the needs of the community and user groups are met with the concept plan. A variety of methods will be used similar to the first round of public input including a neighborhood meeting, social media, and individual meetings with key stakeholders to gain as much public input as possible moving forward. Written By: Michael Adams, Assistant Parks and Recreation Director Approved Through: Robert Klatt, Parks and Recreation Director Attachments: 1. Ojibway Park Preliminary Master Plan Concept
2. Ojibway Park Engagement Summary
City of Woodbury Ojibway Park
OVERALL ACTIVITY DIAGRAMLEGEND
2’ Contour
Parcel Line
Ojibway Park Rd
Lake Rd
Ojib
way
Dr
Tow
er D
r
Courtly Rd
Chippewa Park
Adventure Play Hub
Ballfield Hub
Central Activity Hub
Eco Hub
Entry Gateway
Connectivity Node
Connectivity Node with Play
Entry Gateway
Picnic Pavilion
Existing Paved Trail Network
Proposed Paved Trail Network
Existing Grass Trail Network
Proposed Grass Trail Network
Proposed Boardwalk
Existing Vehicular Circulation
Proposed Vehicular Circulation
0 100’ 200’ 400’
CONNECTIVITY NODES
ENTRY GATEWAYS
ADVENTURE PLAY
ECO HUBS
CENTRAL ACTIVITY HUB
City of Woodbury Ojibway Park
MAIN ACTIVITY AREA CONCEPT
Woodbury High School
Existing Amphitheater/
Outdoor Seating
Sledding Hill
Existing Parking
Existing Skate Park
Sign and Benches
Existing Parking, Mill and Overlay
Green Islands
Reconfigured/Curved Bays
Additional Row of Parking (30 stalls)
Skate Park Expansion
Existing Sand Volleyball
Court
Hockey Building
Expansion
Existing
Building
Footprin
t
Shared Parking with High School
Ojib
way
Dr
Kiosk
Kiosk Sign
Sign
Eco Hub Kiosk and Benches
Wetland Restoration
Boardwalk
Dock/Overlook and Eco Education Node
Expanded Play Area
New Tot Play Area
Linear Water Play
Patio and Firepit
Updated /Relocated Building
Exterior Deck
Updates to Bandshell
Improved Bandshell Access
Improvements to Existing Picnic Shelter
Patio Extension of Picnic Shelter
BASE
OPTION
OPTION
BASE
OPTION
OPTION
OPTION
BASE BASE
BASE
BASE BASE
BASE
BASE
BASE
BASE
OPTION
BASE
BASE
OPTION
OPTION
BASE
OPTION
BASE
BASE
Wide path accommodates vehicles
LEGEND
Covered Refrigerated Hockey Rink
City of Woodbury Ojibway Park
CURVED/EXPANDED PARKING LOT OPTION
Woodbury High School
Existing Amphitheater/
Outdoor Seating
Sledding Hill
Existing Parking
Existing Skate Park
Curved and Vertically Oriented Parking Lot (approx. 37 additional stalls, 233 total)
Skate Park Expansion
Existing Sand Volleyball
Court
Hockey Building
Expansion
Existing
Building
Footprin
t
Shared Parking with High School
Ojib
way
Dr
Kiosk
Kiosk Sign
Sign
Expanded Play Area
New Tot Play Area
Linear Water Play
Patio and Firepit
Updated /Relocated Building
Exterior Deck
Updates to Bandshell
Improved Bandshell Access
Improvements to Existing Picnic Shelter
Patio Extension of Picnic Shelter
Stormwater Gardens
Reconfigured/Curved Pedestrian Path
BASE
OPTION
OPTION
OPTION
OPTION
OPTION
BASE
BASE
BASE BASE
BASE
BASE
BASE
OPTION
OPTION
BASE
OPTION
BASE
BASE
Wide path accommodates vehicles
LEGEND
Covered Refrigerated Hockey Rink
Eco Hub Kiosk and Benches
Wetland Restoration
Boardwalk
Dock/Overlook and Eco Education Node
BASE
BASE
BASE
OPTION
Memorandum
DATE: December 22, 2016 TO: Mike Adams, City of Woodbury FROM: Lydia Major, LHB, Inc. RE: Ojibway Park Engagement Summary
Key Understandings/Lessons Learned The community engagement process for Ojibway Park began in August of 2016, and included site visits and meetings with City staff, focus group meetings with athletic groups and the Woodbury Days team, an online community survey and social media input, intercept boards, and a neighborhood meeting. There were several overarching themes that came out of these events, including:
Ensure that Ojibway Park is a community-wide asset Retain and enhance the natural qualities of the park, including habitat and trails Support Woodbury Days as a key event in the park Improve access to and visibility of the park Increase facilities and programming for recreation, fitness, and play Improve existing structures and parking lots Enhance circulation within the park Prioritize the bandshell and associated programming
Community Engagement Feedback Detailed Summary Specific feedback for each event is summarized below: Site visits and meetings with City staff Issues raised included:
Goals include dreaming big, developing connections between facilities and activities, programming the park with more events and exploring partnerships
Arrival and wayfinding need enhancement and improvement Several facilities need improvement or expansion, including the playground,
picnic shelter, main building, and bandshell Interested in making parking more efficient and improving circulation
Focus group meetings with Athletics and Woodbury Days Issues raised by Athletics included:
Ojibway Park Engagement Summary Date: December 22, 2016
Some fields are in good condition (soccer, the Wheel (though needs scoreboard/other updates), Dassel’s fields) and some are too wet/need improvements (Fields 6, 7 and 5)
New building should have restrooms, food serving capacity, and all-purpose room with potential warming house
Hockey and/or public skating at Ojibway needs to be resolved – consider refrigerated rink
Conflicts exist between parking for events and regular park use – sharing of high school lot would help
Issues raised by Woodbury Days included: Facility needs include: flat surface, community stage separated from bandshell,
need for multiple shelters/stages, Taste and Carnival need to be on pavement Better lighting, improved distribution of power, wider paths in places, and storage
in building are highly desired Protect existing investments in infrastructure, especially electrical upgrades
Community survey and social media input (online) Major themes included:
Top activity was attending Woodbury Days; the following top three activities included walking, skateboarding, and using the playground. These activities were also the top predicted most important activities to people over the next 20 years.
Predicted top five facilities that will be needed over the next 20 years included walking trails, playground equipment, skateboard parks, native habitat areas, and the bandshell. Picnic shelters and tennis courts were also top priorities.
The three elements that should receive the most attention from the park staff in the next five years included maintenance of existing park facilities, trails, and programs; expanding and protecting natural areas; and adding new playground equipment.
People said they would be most interested in participating in the following organized park activities: community festivals and events; concerts; and walking/running clubs or events. Community education and kids’ programs were also near the top of the list.
People expressed appreciation for the walking trails and natural habitat; also, a desire to improve the skate park and see more programming at the bandshell
Intercept boards Major themes from Woodbury Days included:
Strong desire for adventure play Court sports, art play, pleasure skating, exercise equipment, paved and unpaved
trails, disc golf, boardwalks, food gardens, gaga pits, concessions, a water park, outdoor movies and the bandshell were are all high priorities
Major themes from the neighborhood meeting included: Gaga pits; adventure play; court sports, fitness and recreation; habitat creation
and gardens; trails; community swimming pool; picnic shelter; and bandshell were all high priorities
Top ten themes in total: Adventure play, art play, exercise, disc golf, food gardens, gaga pit, outdoor
movie, bandshell, ice skating, and sand volleyball Neighborhood meeting, including mapping and brainstorming exercises
Ojibway Park Engagement Summary Date: December 22, 2016
Major themes included: Better wayfinding and signage; improve connectivity to neighborhood; enhance
and increase recreation options, including adventure play and gaga pits; enhance and increase native plantings, natural beauty and habitat; install more trash cans and dog waste facilities near trails; retain and improve courts, fields, bandshell and picnic shelter functions; retain privacy for adjacent neighbors at park edges
Further information on each of these events can be found in the detailed notes that were compiled throughout the engagement process.
Concept Design The concepts support the feedback we received during the community engagement process in the following ways: Ensure that Ojibway Park is a community-wide asset
Develop a unique and memorable set of facilities and amenities, focusing on family-friendly, nature-oriented activities
Enhance the park’s identity and branding at entrances and key locations Support programming that brings the whole community together, such as
Woodbury Days, movie nights, and other larger gatherings Retain and enhance the natural qualities of the park, including habitat and trails
Retain natural areas throughout the park, and restore wetlands where feasible Create several “Eco Hubs” with opportunities for observation, nature play, and
hands-on learning Install boardwalks at key wetland crossings and observation points
Support Woodbury Days as a key event in the park Improve circulation within and access to park via new trail construction Construct new building with multi-purpose room, food prep capabilities, and
storage Retain flat, open space in parking lot Protect existing investments in electrical and other infrastructure
Improvie access to and visibility of the park Establish gateways at park entries Improve edge treatment of park in key locations to improve visibility
Increase facilities and programming for recreation, fitness and play Create Adventure Play Hubs with opportunities for free-form play, art play,
sensory play, and other types of play beyond that which a conventional playground offers
Retain existing athletic fields, and improve drainage where needed Potentially add programming for ice skating Strategically relocate and enhance existing playground Consider adding outdoor fitness equipment along a trail loop
Improve existing structures and parking lots Construct new building with multi-purpose room, warming house, storage, and
restrooms Convert some parking to grass pavers, retaining flexibility for event parking while
reducing total hardscape
Ojibway Park Engagement Summary Date: December 22, 2016
Enhance circulation within the park Create wayfinding system and increase signage throughout park Selectively build new trails where there is an opportunity to create loops and
routes within the park, targeting a 5K loop among other amenities Improve existing trails where needed, adding connectivity nodes at key
intersections for rest and reflection Prioritize the bandshell and associated programming
Site the building in such a way as to improve its relationship with the bandshell and associated programming
Make key improvements to bandshell, including upgrading audio-visual equipment and storage
This constitutes my understanding of items discussed and decisions reached. If there are any omissions or discrepancies, please notify the author in writing. c: LHB File O:\16Proj\160460\300 Communication\303 Memos\160460 Ojibway Park Engagement Summary.docx
2 CITY OF WOODBURY, MINNESOTA
Office of City Administrator
Council Workshop Letter No. 17-57 March 15, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: Woodbury Heritage Society Miller Barn Agreement SUMMARY The Woodbury Heritage Society hired Larson Engineering to complete a structural assessment on the Miller Barn in Valley Creek Park. It is Larson Engineering’s opinion that the existing wood framing system of Miller Barn is structurally adequate and safe for human occupancy to resist the loading imposed upon this structure, provided the repair items suggested in the report are made. The attached Agreement allows the Woodbury Heritage society to make the necessary repairs required to preserve the structural integrity of the Miller Barn at its own expense. Changes have been made to the first agreement, which was pulled from the January 25, 2017, consent agenda. These changes reflect the suggestions of Council and can be further discussed at the workshop with the Heritage Society, if desired. RECOMMENDATION Staff recommends Council provide any further input on the Agreement so changes can be made for approval at the next Council meeting, which permits the Woodbury Heritage Society to publicly fundraise and hire contractual services to make critical repairs, install new roofing, and replace damaged siding of the Miller Barn. BUDGET IMPACT There is no direct cost resulting from the approval of this Agreement, and the Woodbury Heritage Society incurs all costs associated with the repairs made to the Miller Barn. The City, however, would assume long-term cost liability for upkeep and any barn improvements. The Heritage Society is asking for a commitment, by Council, to keep the Miller Barn and include it in the Master Plan of Valley Creek Park, before repairs are made. If Council makes this commitment, a vision for this space will be determined and included in the future Master Planning process of the park. In the event the City terminates the Agreement, the Heritage Society will be fairly compensated for expenditures sustained in adding value to the site.
City Council Workshop Letter 17-57 March 15, 2017 Page 2 BACKGROUND The estimated total cost of these repairs is approximately $90,000, and the Heritage Society believes this is well within its fundraising capacity. On February 15, 2017, Joyce Flynn, member of the Woodbury Heritage Society, and Roger Green, representing the Community Foundation, provided testimony before the Minnesota Senate Committee on Environmental and Natural Resources Policy and Legacy Finance, in support of the Heritage Society Barn Committee’s request for funding from the State’s Arts and Cultural Heritage Fund for the restoration and historical programming of the Miller Barn. A Minnesota House of Representatives hearing was held on February 27, 2017, where Wayne Schilling, president of the Woodbury Heritage Society, and Joyce Flynn, provided testimony before the Minnesota House of Representatives Legacy Funding Finance Committee, in support of the Heritage Society Barn Committee’s request for funding from the House’s Legacy Fund, for the restoration and historical programming of the Miller Barn. At both hearings, Woodbury’s Assistant Park and Recreation Director, Mike Adams, testified on behalf of the City of Woodbury, stating that the location of the Miller Barn is on City property, noting that the property is part of a larger collection of City-owned open space and park parcels, that were acquired through a City open space referendum, park dedication from development, state Metro Greenways Grant from the MNDNR and Land and Water Legacy Grant from Washington County. Co-authors on the Senate bill S.F. No. 539, include Senators Kent, Housley, Cohen, Dibble and Schoen. Representatives Fenton and Ward co-authored House bill H.F. No. 511. The Heritage Society shall supply a fundraising schedule estimating fundraising receipts and timing to compete financial goals for the project. PUBLIC PROCESS September 16, 2015 Heritage Society gave Miller Barn presentation at Budget Workshop May 3, 2016 Heritage Society gave Miller Barn presentation to PNRC PNRC made recommendation to save Miller Barn to City Council May 18, 2016 Heritage Society gave second Miller Barn presentation at CIP Workshop
City Council agrees not to tear down the Miller Barn for a period of 48 months
June 1, 2016 Miller Barn Committee is formed and begins meeting bi-weekly June 7, 2016 PNRC tour Miller Barn and Valley Creek Park site September 2016 Miller Barn structural assessment completed December 2016 Draft Miller Barn agreement completed February 15, 2017 Miller Barn Committee provided testimony before the Minnesota State
Legislature’s Committee on Environmental and Natural Resources Policy and Legacy Finance
February 27, 2017 Miller Barn Committee provided testimony before the Minnesota House of Representatives Legacy Funding Finance Committee
Written By: Michael Adams, Assistant Park and Recreation Director Approved Through: Robert Klatt, Park and Recreation Director Attachment: Woodbury Heritage Society Miller Barn Agreement
1
WOODBURY HERITAGE SOCIETY VALLEY CREEK PARK BARN
AGREEMENT THIS AGREEMENT is made this ________ day of _______________, 2017, by and
between the CITY OF WOODBURY, a Minnesota municipality (hereinafter “City”) and
WOODBURY HERITAGE SOCIETY, a domestic nonprofit corporation duly organized under
Minnesota Statutes 317A, (hereinafter “Heritage Society”), and their successors in title.
WHEREAS, the City owns a barn structure, known as the “Miller Barn” (hereinafter
“Barn”), located on City parkland known as Valley Creek Park, 11500 Valley Creek Road,
Woodbury, Minnesota 55129, (hereinafter “Park”); and
WHEREAS, in order to stop further exposure to the elements and to maintain the
integrity of the Barn structure until such time as the City further develops the Park, the Heritage
Society is desirous of re-roofing and installing new siding to the Barn; and
WHEREAS, the Heritage Society plans to finance the re-roofing and installation of
reclaimed barn siding by fundraising with the projected construction cost to be between
$60,000.00 and $100,000, and;
WHEREAS, the Heritage Society has requested, and the City has agreed, to refrain from
demolishing the Barn for a period of forty-eight (48) months commencing June 1, 2016, and
terminating May 31, 2020, and;
WHEREAS, the City will permit the Heritage Society to re-roof and install new siding to
enclose the Barn, subject to the terms and conditions hereof, and according to plans and
specifications to be approved by the City, and;
WHEREAS, the Heritage Society, at the request of the City, has funded $4,800.00 for a
structural evaluation/analysis conducted by Larson Engineering Inc., and;
2
WHEREAS, Larson Engineering Inc. has certified that the “structure as built is sound
and in relatively good shape”. It is Larson Engineering’s opinion that the existing wood framing
system of Miller Barn is structurally adequate and safe for human occupancy and can support the
loading imposed upon this structure, provided the repair items suggested in the evaluation report
are made.
NOW, THEREFORE, in consideration of the premises the City will permit the Heritage
Society to re-roof and install new siding to the Barn, located on the Park property subject to the
conditions set forth below:
1. The Heritage Society shall re-roof and install new siding to the Barn in
accordance with plans and specifications to be approved by the City and substantially complete
same within timelines established in Exhibit A, annexed hereto and incorporated by reference
herein.
2. Heritage Society shall obtain, at its own expense all necessary permits and
approvals applicable to the project.
3. The Heritage Society shall maintain the exterior of the Barn in good appearance
and repair and shall not permit it to fall into disrepair or poor condition in any substantive
respect.
4. No interest in real estate is being conveyed by the City to the Heritage Society
under the terms of this Agreement. The City is not transferring control of the Park site and
grounds by entering into this Agreement.
5. The City must be notified at least thirty (30) days before any construction and
forty-eight (48) hours before any maintenance work commences on the Barn. All such work
shall be subject to the review and approval of the building department of the City. No work shall
take place without the City Staff being given the opportunity to be present at the site. Further, if
3
the City determines, in its reasonable estimation, that any proposed work may potentially cause
an unsafe condition or damage or impair the City’s Park property, the City shall have the
authority to stop all construction work and prevent such work from being done by giving notice
to anyone on site and/or within the Heritage Society organization.
6. To the fullest extent permitted by law, the Heritage Society, its successors in title
and assigns agrees to release, defend, protect, indemnify, save and hold harmless the City, its
agents, directors, employees, shareholders and contractors against any and all claims, costs and
liabilities, including the costs of defense for damages, injury or death arising from or in any way
connected to the installation, maintenance, repair, removal and/or presence of the Barn or
encroachment, regardless of whether such harm is to any person, the City, the employees or
officers of either or any other person or entity.
7. The Heritage Society shall have reasonable access to the Barn and may schedule
public events at the site with the City’s approval following the completion of improvements
required under this Agreement. The City will be notified, fourteen (14) days prior to any public
events to be held at the Barn site.
8. The Heritage Society shall not alter the grade, landscape or permit any site
alterations anywhere upon the land. The Heritage Society shall maintain the Barn in compliance
with all applicable laws and industry standards in effect at the time of construction, and shall not
remove or relocate the barn for any reason, unless requested by the City. The Heritage Society
shall be responsible for the maintenance repair and replacement of the structure, hardscape
elements of the project, i.e. entrance ramp and similar elements so that they are at all times ADA
compliant, orderly, clean and in good condition and repair. The City will maintain the landscape
in the Park and around the Barn consistent with existing parkland policies.
4
9. The Heritage Society shall, at all times, use their best efforts to conduct all of its
activities within said Park area in such a manner as to not interfere with or impede the operation
of the City’s property and related activities.
10. The Heritage Society shall have exclusive use of the interior of the Barn, subject
to City access to inspect and observe for purposes of carrying out its mission and goals.
11. The Heritage Society shall supply a fundraising schedule, estimating fundraising
receipts, and timing to compete financial goals for the project. The fundraising schedule shall be
annexed hereto as Exhibit B.
12. All contractors and workers shall be under contract to Heritage Society, not the
City of Woodbury. All contractors and subcontractors shall provide to the City a Waiver of any
Mechanic’s and Workman’s Lien Rights as part of their Contracts with Heritage Society, each
shall have liability insurance to levels approved by the City and provide certificates of liability
insurance to the City naming the City as a certificate holder thereon, verifying insurance
coverages as required under Minn. Stat. 466.04, and shall also agree to indemnify and hold the
City harmless with regard to any contract or work disputes on the site as part of their contract
with Heritage Society.
13. The Heritage Society and City shall execute a ”Maintenance Schedule,” in the
manner and form annexed hereto as Exhibit C outlining Maintenance elements to be
implemented on the Park site during construction and thereafter throughout the term of this
Agreement by Heritage Society or their employees and/or vendors.
14. This Agreement is intended by the parties hereto to be ongoing, however, in the
event of the future cessation of operations by the Heritage Society organization, or in the event
the City has a substantial public need which in its opinion requires it to do so, this Agreement
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may be terminated by either party at any time by giving ninety (90) days written notice of such
termination to the other. In the event the City terminates the Agreement, the Heritage Society
will be fairly compensated for the capital expenditures it sustained restoring the barn.
15. Assignment or Subletting. The Heritage Society shall not assign or otherwise
transfer its interest in this Agreement or sublet all or any part of the premises without the prior
written consent of the City (which consent may be granted or withheld by the City in its sole
discretion) and upon such terms and conditions as may be mutually agreed upon by the parties
hereto.
16. Entire and Binding Agreement. This Agreement contains all of the agreements
between the parties hereto, and it may not be modified in any manner other than by agreement in
writing signed by all parties hereto or their successors in interest, subject to the limitations set
forth herein. All prior conversations or writings between the parties hereto or their
representatives with respect to the Barn are merged herein and extinguished. The Heritage
Society acknowledges that it has not relied on any estimations, representations or statements of
opinion or fact by City or its agents or employees in entering into this Agreement other than as
may be expressly provided herein. The terms, covenants and conditions contained herein shall
inure to the benefit of and be binding upon the City and Heritage Society, and their respective
successors and assigns, except as may be otherwise expressly provided in this Agreement.
17. Provisions Severable. If any term or provision of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
6
not be affected thereby and each term and provision of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.
18. Captions. The captions contained herein are for convenience and reference only
and shall not be deemed a part of this Agreement or construed as in any manner limiting or
amplifying the terms and provisions of this Agreement to which they relate.
19. Compliance with the Americans with Disabilities Act. Notwithstanding any
other provision of this Agreement to be contrary, Tenant shall comply with the Americans with
Disabilities Act, and all regulations and orders promulgated pursuant thereto, as well as any
related state, county and local laws, regulations and building codes (collectively the "ADA").
The Heritage Society shall make any alterations to the premises required by the ADA and shall
use and occupy the Premises at all times in compliance therewith.
20. Maintenance Schedule. Exhibit C is annexed hereto and incorporated by
reference herein adopting the maintenance schedule that the Heritage Society shall implement
upon the property under this agreement.
21. Dispute Resolution. In the event of any dispute occurring over the terms of this
Agreement or the performances due either party hereunder, the same shall be submitted to
mediation. If the parties cannot agree on a mediator the matter will be mediated with the
American Arbitration Association and the mediator selected by it. Mediation of any matter shall
not preclude either party from terminating the agreement under the provisions hereof. Each party
shall pay one-half of the costs of the mediation.
[The remainder of this page has been intentionally left blank – signatures to follow]
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WHEREUPON, the parties have set their hands this ______ day of ____________,
2017.
CITY OF WOODBURY
By Mary Giuliani Stephens, Mayor
By Clinton P. Gridley, City Administrator Approved as to Form _________________________________ Mark J. Vierling City Attorney Dated: ___________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of __________________, 2017, before me, a Notary Public, personally appeared MARY GIULIANI STEPHENS and CLINTON P. GRIDLEY, of the City of Woodbury, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Woodbury by the authority of the City Council of the City of Woodbury, and Mary Giuliani Stephens and Clinton P. Gridley acknowledge said instrument to be the free act and deed of said City of Woodbury. __________________________________________ Notary Public
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WOODBURY HERITAGE SOCIETY By:___________________________________ Its:___________________________________
And
By:___________________________________ Its:___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of __________________, 2017, before me, a Notary Public, personally appeared _________________, and who are the __________________ (title) and , respectively of the Woodbury Heritage Society, a Minnesota Non-Profit Corporation and who upon being duly sworn, signed the foregoing instrument and acknowledged said instrument intending it to be the free act and deed of Woodbury Heritage Society. ___________________________________ Notary Public
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EXHIBIT A CONSTRUCTION TIMELINES FOR COMPLETION OF WORK
Bids have been received from barn restoration contractors. The Heritage Society is waiting for a commitment by Council to keep Miller Barn and include it in the Master Plan of Valley Creek Park before repairs are made. If a commitment is achieved, a timeline will be provided for completion of the restoration work.
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EXHIBIT B FUNDRAISING SCHEDULE
Fundraising Capitol Campaign Our three-year campaign will begin, once the Woodbury City Council gives approval. The Woodbury Miller Barn Heritage committee intends to raise an estimated total of $510,000 for the barn preservation and restoration to compliment the city’s budgeted monies for Valley Creek Park. Once approval is given, our committee will kick-off this campaign by conducting the following:
Media Coverage
Contact all news media (newspapers, cable, Facebook, and radio) Feature article in the St. Paul Press and Woodbury Bulletin Distribute posters for public place announcing the “Save the Barn – Restoring
Woodbury’s History “ Social media would keep “Friends of the Miller Barn” current on site activities.
Three phase Capitol Campaign will commence upon final approval of the Miller Barn agreement from the Woodbury City Council.
PHASE 1 Goal of $78,500
Due to the immediate need, restoring the existing roof and siding on the Miller Barn is the committee’s first priority. The Miller Barn structure is vulnerable to deterioration from the elements and to potential demolition in the face of development of their surrounding property. It is imperative to preserve this barn and surrounding acreage as one of the cornerstone structures for the Woodbury Heritage Park. As are most, historical buildings are significant community resources. Funds in this phase also include monies required for campaign materials to be dispersing to the community at large to promote the campaign.
PHASE 2 Goal of $332,000
The development of Miller Barn Visitor Center staffed by members of the Woodbury Heritage Society, other volunteers and or paid staff educated in the history of Woodbury. The Center would be overseen and managed by a Woodbury Miller Barn Heritage Commission, a new non-profit organization that is established under the joint auspices of the Woodbury Heritage Society and the City of Woodbury's Parks and Recreation Department.
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PHASE 3 Goal of $100,000
Establishing an endowment fund with the Woodbury Foundation. Endowments allow nonprofit organizations to prepare for future financial needs. An endowment is a specific type of financial vehicle for nonprofit organizations. These funds are restricted, which means only the interest created by the fund can be spent. The principal investments remain in the account to ensure the fund remains in place for the long term. Gifts for endowment funds would be from many sources including Woodbury residents and former resident families who are interested in helping preserve our heritage.
Sources of Funding Board members, committee members and friends of Woodbury Miller Barn Heritage Committee will implement the fundraising campaign. The committee is developing a detailed fundraising plan with the assistance of a retired professional fundraiser. Target audience is:
Developers – Appeal letter sent to all past and current developers that have built homes within the Woodbury communities promoting sponsorships at various giving levels
Major Donor – Asking major donors to make lead gifts (Woodbury founding families and other residents with an interest in preserving barns and/or our community’s heritage)
School Campaigns – Conduct a giving contest with grade/middle/high schools, pizza or DQ as the award for the classes that collect the most
Individual Giving - Annual Giving and Multi-Year Giving (Woodbury founding families and other residents with an interest in preserving our community’s heritage)
Small business/restaurant campaign – Provide barn containers for donations to local businesses and restaurants
Community organization and churches Events – large and small (example: White Party) Online and E-Giving Grants– Foundations, Corporate, Government, the National Trust for Historic
Preservation, the National Endowment for the Humanities, the Minnesota Historical Society and The Shakopee Mdewakanton Sioux Community Foundation.
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Other Funding Sources The Woodbury Heritage Park is a joint public-private partnership with the City of Woodbury's Parks and Recreation Department. This proposal assumes that part of the City ‘s funding designated for parks will be allocated to this project. Other City sources could be through use of the EDA levy, capital bonds, operating funds, etc. Additional funding sources
Memberships for those who desire to be more fully engaged in the project or who plan to be frequent users of the site
Rental fees for group facilities Corporate sponsorships Fees for guided group tours Gift/snack bar revenue
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EXHIBIT C DRAFT MAINTENANCE SCHEDULE
CITY OF WOODBURY AND WOODBURY HERITAGE SOCIETY MILLER BARN MAINTENANCE AND OPERATIONS AGREEMENT
THIS AGREEMENT is made this ________ day of _______________, 2017, by and between the CITY OF WOODBURY, a Minnesota municipality (hereinafter “City”) and WOODBURY HERITAGE SOCIETY, a domestic nonprofit corporation duly organized under Minnesota Statutes 317A, (hereinafter “Heritage Society”), and their successors in title. WHEREAS, the City owns a barn structure, known as the “Miller Barn” (hereinafter “Barn”), located on City parkland known as Valley Creek Park, 11500 Valley Creek Road, Woodbury, Minnesota 55129, (hereinafter “Park”);
RECITALS
WHEREAS, the City and the Heritage Society have entered into a Development
Agreement to restore the barn and shared area at Park.
WHEREAS, pursuant to said Development Agreement, the City has agreed to be responsible for the day-to-day operation, management, and maintenance of the park; and
WHEREAS, pursuant to said Development Agreement, the Heritage Society has agreed to be responsible for the day-to-day operation, management, and maintenance of the barn
NOW, THEREFORE, the parties hereto hereby agree as follows: 1. The maintenance and repair of obligations of the City shall include, but not be limited to,
the following:
A. Debris and Refuse. Periodic removal of all paper, debris, filth, refuse, ice and snow, including sweeping to the extent necessary to keep the common area in a first class clean and orderly condition. Snow shall be plowed as soon as a two-inch accumulation occurs, and replowed as necessary to maintain less than a two-inch accumulation at all times upon cessation of the snowfall. All sweeping shall be at appropriate intervals during such times as to not interfere with the conduct of business or use of the common or shared areas.
B. Signs and Markers. Placing, cleaning, keeping in repair, replacing and repainting
all appropriate directional signs or markers, including any handicapped parking signs.
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C. Lighting. Keeping in repair, cleaning and replacing when necessary such common area lighting facilities, including lamps, ballasts and lenses as may be reasonable required.
D. Landscaped Areas. Maintaining all landscaped areas, including landscaping and
planters adjacent to the exterior walls of buildings in an attractive and thriving condition, and replacing shrubs and other landscaping as necessary.
E. Common Utility Lines. Maintaining, cleaning, replacing and repairing any and all
common utility lines. F. Obstructions. Keeping common areas free from any obstructions.
G. Sidewalks. Maintaining, cleaning and replacing all sidewalks. Sidewalks shall be cleaned and swept at appropriate intervals during such times as to not interfere with the conduct of business at the project.
2. The City hereby agrees to furnish the labor, equipment and materials necessary to
provide its maintenance and repair obligations regarding the site. 3. The City agrees, to at all times, conduct its operations and perform its obligations in a
manner that will assure the least possible obstruction to the Heritage Society’s operations, and shall provide for the safety of the general public as well as the volunteers of the Heritage Society.
4. The City shall indemnify and hold harmless the Heritage Society from any and all claims,
damages, losses, expenses, including, but not limited to attorney’s fees, arising out of or resulting from the performance of this Agreement, subject to the limits of liability under Minnesota Statutes Chapter 466.
5. The Heritage Society shall provide the City with written procedures in order to insure
that the barn remains secure. 6. For the purposes of this Agreement, the following definitions are established and
conditions are designated as either clean or dirty for ease in determining the City’s performance under this Agreement. The following standards of performance shall be considered unacceptable:
A. Litter and/or Refuse. The presence of litter and refuse on the top of, underneath,
behind or around vertical or horizontal hard or soft surfaces or items of furnishing.
B. Sanitation. The condition of sanitation that will cause odor or create any public hazard. Liquid or solid deodorants are not acceptable to control odors unless permitted by the Heritage Society.
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WHEREUPON, the parties have set their hands this ______ day of ____________,
2017.
CITY OF WOODBURY
By Mary Giuliani Stephens, Mayor
By Clinton P. Gridley, City Administrator Approved as to Form _________________________________ Mark J. Vierling City Attorney Dated: ___________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of __________________, 2017, before me, a Notary Public, personally appeared MARY GIULIANI STEPHENS and CLINTON P. GRIDLEY, of the City of Woodbury, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Woodbury by the authority of the City Council of the City of Woodbury, and Mary Giuliani Stephens and Clinton P. Gridley acknowledge said instrument to be the free act and deed of said City of Woodbury. __________________________________________ Notary Public
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WOODBURY HERITAGE SOCIETY By:___________________________________ Its:___________________________________
And
By:___________________________________ Its:___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of __________________, 2017, before me, a Notary Public, personally appeared _________________, and who are the __________________ (title) and , respectively of the Woodbury Heritage Society, a Minnesota Non-Profit Corporation and who upon being duly sworn, signed the foregoing instrument and acknowledged said instrument intending it to be the free act and deed of Woodbury Heritage Society. ___________________________________ Notary Public