09-24-07 Item 8B, Sheehy Property Recommendation

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City Council Sheehy Tennis Court Lease Agreement 2 the lease expired. At that time, staff informed 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 concerns 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 coul1 and have a part time staff member clean the court once a week during the summer months. The court 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 cOUl1. This in tum hurts the quality of the surface. Cracks have begun to run the length of the cOUl1. 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 I-!ills. The propel1y 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 cOUl1 was constructed in 1974/1975 in the SW eOl11er of the property. All required pel111its (Rice Creek Watershed, Depat1ment of Natural Resources, City Building Permit) were obtained prior to the filling of the area and the construction of the tennis coul1. Although the Parks and Recreation Depal1ment and Public Works Department found very little park or recreational use for the Sheehy propel1y, 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 coul1s 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 eOUl1 was estimated at 81,500-$2,000. For safety and liability reasons, the City plaeed a 10ek 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 propel1y, the possibility of selling, and the possibility of leasing, the City Council directed staff to prepare a lease agreement for the property. Staff Recommendation Staffrequests time to further evaluate all potential uses of this site. Therefore, staff recommends approval of a temporary restated and amended lease agreement dated April 9, 2007 allowing