04-09-07 Item 7A, Sheehy Tennis Court Lease Agreement

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City Council Sheehy Tennis Court Lease Agreement 2 the lease expired. At that time, staff infol111ed the Association to write a letter requesting their intentions for the court. The Arden Hills Association #3 is interested in a renewal of the lease agreement. A copy of the lease extension request is included for your review. Staff has researched the history of this tennis court and does have reservations about entering into another long tel111 lease agreement with the Association. Staff has concel11S about the maintenance of the court and the idea of a City owned court being offered for use exclusively by a private group. The Association states that they do a spring and fall cleanup of the court and have a pm1 time staff member clean the court once a week during the summer months. The coul1 is not level and appears to have several areas that have sunk due to the unstable base that it was built on. There are trees overhanging the cOUl1, which causes leaves, branches, and debris to lie on the court. This in tUl11 hurts the quality of the surface. Cracks have begun to run the length of the court. There are four light poles wired across the court that are not operational. Photos of the court have been included for your review. The following is the background of how the City acquired this tennis court and discussions that took place at that time regarding future use of this land. Also, staff memos and City Council minutes regarding this have been included for your review. In.January 1994, the City received a notice from Mr. .James C. Shacker and Mr. C.E. Sheehy of an interest to donate approximately 8.57 acres of property to the City of Arden Hills. The property was made up of primarily Type III and/or Type IV wetland. The area consisted of a swamp/pond, cat tails, and scrub trees. A tennis court was constructed in 1974/1975 in the SW corner of the property. All required pel111its (Rice Creek Watershed, Department of Natural Resources, City Building Permit) were obtained prior to the filling of the area and the construction of the tennis court. Although the Parks and Recreation Department and Public Works Depm1ment found very little park or recreational use for the Sheehy property, the City Council accepted the donation in November 1994. It was found that the development of the area was limited due to the wetland delineation. The courts were in disrepair and in need of maintenance. The Parks and Recreation Department found that the court may need to be removed because the soil conditions present were not providing a stable base. The City was worried about the liability risks involved with use of the tennis court. In 1995, the estimated in-kind labor cost to the City for demolishing the tennis court was estimated at $1,500-$2,000. For safety and liability reasons, the City placed a lock on the court until a decision on the future of the cOUl1 was made. In September 1995, two members of the Arden Hills #3 Home Association requested private usage of the Sheehy tennis court. After discussion of the details, including the cost of the restoration and upkeep of the property, the possibility of selling, and the possibility of leasing, the City Council directed staff to prepare a lease agreement for the property. Staff Recommelldatioll Staff requests time to further evaluate all potential uses of this site. Therefore, staffrecommends approval of a temporary restated and amended lease agreement dated April 9, 2007 allowing