HomeMy WebLinkAbout10-29-07 Item 8B, Sheehy Tennis Court Discussion
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~HlLLS
Request for Council Action
Prepared By: Michelle Olson !-(fIY
Dept.: Public Wor-ks
Council Mtg. Date: ---------n-----.----................-Ocfobe'i..:2.g';...2ifo7--n----
Final Aclion Needed By: .iliiA............
Agenda Item:
8.B.
Budgeted Amount:
Actual Amount:
Funding Source:
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i Provide direction on how to proceed regarding the Sheehy Tennis Court (Staff has provided four options).
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!PTRC.
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! Motionto' recommend the City neg'otiate a new'long term lease with Af(re~
i Hills No.3 Association for exclusive use of the Sheehy Tennis Court. The
iAgreement should include specific requirements for maintenance, insurance
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I X i Memo/Letter:
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iResolution No.:
Dated 10/24/07 from Michelle Olson, Parks and Recreation Manager
'Ordinance No.:
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IAttorney Recommendation:
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I X IOther:
Cu'rrent Lease-Agreement -for Sheehy Te'"nnis Court, Qiiotation for'resurfaceofthe courCAssociatioo----'
request letter and further provided information, Letter from City Attorney regarding sale/conveyance
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\\Metro-inet.us\ardenhills\PR&PW\Parks\Memos\CounciI Actions\Sheehy Tennis Court Future Options07.doc
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~HILLS
MEMORANDUM
DATE:
September 19,2007
Agenda Item: S.B.
TO: Honorable Mayor and City Council
Michelle Wolfe; City Administrator
FROM: Michelle Olson, Parks and Recreation Manager -h1ff)
SUBJECT: Sheehy Tennis Court
BACKGROUND
On September 24,2007 at a Regular City Council Meeting, City Staff presented information on
the Sheehy Tennis Court that is located at 3168 Ridgewood Road. At that meeting, staff
presented four options for the future use of this land:
1. Continue to lease use of the tennis conrt exclusively to the Arden Hills No.3
Association. The current rental fee is set at $10.00 per year. Staff has
included a copy of the current lease for Council review (Attachment 8B-l).
a. Keep lease at $10.00 per year with no additional stipulations.
b. Increase rental fee to a number agreed to by Council.
c. Keep lease fee at $10.00 per year but include a maintenance agreement
that would require the association to be financially responsible for a
resurface to the court on the City's 6-8 year schedule. Staff did receive an
estimate from one vendor for $6,470.00 to resurface the court (quotation is
attached - Attachment 8B-2).
Staff has concerns regarding a City owned court being offered for use exclusively
by a private group. If a new lease agreement is considered, Staff recommends at
a minimum that the maintenance of the court be soecificallv addressed within the
agreement.
2. Open np this area as a public park and leave the tennis court.
Currently, the court has a padlock and is available only to association members.
If this land was designated as a public park, the court would be open to the
general public. The City would then assume all liability for the site. This would
be a simple process of adding the Sheehy property to our insurance. Benches
\\Metro-inet.us\ardenhills\PR&PW\Parks\Memos\Council Memos\Sheehy Tennis Court Future
Options2.doc
Sheehy Tennis Court Future Options 2
Page 2
could be added near the site for enhanced nature viewing. If the City decides to
designate this as a public park, staff does recommend that this court be placed on
the City hard court maintenance schedule. After speaking with the vendor that
examined the court, it was their opinion that the court could be maintained in a
safe and playable condition with regular resurfaces. There are some areas of the
court that are in need of leveling due to the subgrade. However, these areas
could be managed by resurfacing on a regular schedule. The estimate to
resurface the court was approximately $6,500. Reconstructing the courts would
be problematic and costly due to the soil conditions under the court.
3. Tear out the teuuis court aud maintain the area as open space. The 2002
Parks, Trails, and Open Space Plan proposed to remove the tennis court, add
benches near wetland, maintain as open space, and explore the possibility of
adding unpaved trails.
After site observations and research, staff has concluded that it seems highly
unlikely that a walking trail could be built in this area. The soil conditions and
the wetland would require a floating bridge or board walk and that would be a
very high cost to construct. The estimate cost for City Staff to remove the tennis
courts is approximately $9,317.60. A breakdown of costs for this was included at
the last meeting.
4. The City could order an appraisal of the area of the land that the tennis
court is located and offer to sell or convey that portion to Arden Hills #3
Association.
There is no guarantee that the Association would be interested in purchasing this
portion of land. The Arden Hills No.3 Association has expressed that their first
choice is for the tennis court to remain and for the Association to have exclusive
use through a lease.
The City Council tabled the Sheehy Tennis Court decision and directed staff to invite the Arden
Hills No.3 Association to the October PTRC meeting for further discussion. On October 23,
2007, the Association was represented by three neighbors and did submit a letter of request to the
PTRC from the Board President, Bruce Eisenmenger. The Association information is included
for your review (Attachment 8B-3). As stated in the attached letter, the Association's first
choice is for a long term lease to be considered. The letter does not include any commitments
from the Association regarding maintenance. However, they did indicate at the PTRC meeting
that if a long term lease was granted that they would be willing to resurface and repair the court.
Staff did seek further consultation from the City Attorney on option four and did present and
discuss this information with the PTRC and Association representatives. The City Attorney did
confirm that if the City desires, the land can be sold. However, the City does not have the
authority to convey property for a nominal consideration, unless the conveyance is to another
govemmental unit. The Planning Commission would also need to review any proposed
transaction of this land. The Attorney General has determined that the City cannot convey land
Sheehy Tennis Court Future Options 2
Page 3
for a nominal consideration to a non-profit organization. A letter from the City Attorney, Jerry
Filla is included for your review (Attachment 8B-3). The representatives from the No.3
Association indicated that they are not sure if the Board would be interested in purchasing the
land. The decision would depend on several factors that are unknown at this time. They did not
rule out consideration of this option. However, if further delays occur because of this process,
they would like the City to provide a temporary lease agreement for exclusive use of the court.
PTRC RECOMMENDATION
After discussion with the Association, the PTRC made a motion to recommend that the City
negotiate a new long term lease with Arden Hills No.3 Association for exclusive use ofthe
Sheehy Tennis Court. The Agreement should include specific requirements for maintenance,
insurance coverage, and appropriate signage. The motion carried 6-1.
The PTRC did discuss the possibility ofthe City selling the land to the Association. If the City
Council decided to pursue this option, the PTRC did support a temporary lease being considered
if this process delays a decision on this court.
REOUESTED CITY COUNCIL ACTION
Provide direction on how to proceed regarding the Sheehy Tennis Court.
STAFF RECOMMENDATION
Staff is seeking direction on how to proceed regarding the Sheehy Tennis Court.
Sheehy Tennis Court Future Options
October 29. 2007
Attachment 8B-l:
Current Lease Agreement for Sheehy Tennis Court.
LEASE AGREEMENT
1.0 Parties. This agreement is dated the q~ day of ApT; \ ,
2007, and is entered into by and between the City of Arden Hills, a Minnesota
municipal corporation ("City") and the Arden Hills III Association, a Minnesota
non-profit corporation herein ("Association").
2.0 Recitals.
A. The City is the fee owner of the following described property
situated in Ramsey County, Minnesota to-wit:
lot 3, Block 8, Arden Hills No.3, except that part
described as follows: Beginning at the Northeast
corner of said lot 3; thence West along the North
line of said lot 3 for 300 feet; thence South at right
angles for 300 feet; thence East parallel to the North
line of said lot 3 for 270 feet, more or less, to the
Ease line of said lot 3; thence North along the East
line of said lot 3 to the point of beginning (herein
the "Property").
B. A portion of the Property is occupied by a tennis court and fencing;
and by an access to the tennis court area all is highlighted on
Exhibit A attached and incorporated ("Premises").
C. The Association wishes to lease the Premises from the City.
D. Pending its review of the City's park plan and park programs, the
City is willing to lease the Prei11isesto the Association.
0_. ,;1.
3.0 Terms and Conditions. NOW THEREFORE, in consideration of the
mutual undertakings herein expressed, the City and Association agree as
follows:
A.
Premises.
Association
Exhibit A.
B. Rent. The Association shall pay the City 11 JO.9!!. dollars upon
execution of this lease by the parties.
The City hereby leases to the Association and the
leases from the City the Premises as illustrated on
C. Term. This lease shall commence on the date upon which is
executed by the parties and shall continue until the 31st- day of
l)..rPMbU ,2007.
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~HILLS
City of Arden Hills
CONTRACT NO.
07 -06
D. Improvements. The Association shall pay for all costs relating to
the improvements to the tennis court or access areas. Plans and
specifications for the improvements shall be reviewed and
approved by the City Administrator. All improvements constructed
to the tennis court and access areas shall become the property of
the City.
E. Maintenance. All modifications to the tennis court area and the
access areas and all improvements made for the Association's
benefit shall be at the Association's expense and such
improvements shall be maintained in a good state of repair.
F. Trespass. Repeated or continuous trespass upon the remaining
portions of the City property ,by members of the Association or their
guests shall be an event of default
G. Insurance. The Association must maintain a comprehensive
general liability coverage which shall include, but not limited to,
bodily harm, property damage and personal injury. The
comprehensive general liability coverage shall be in an amount not
less than $600,000 for each occurrence and $600,000 for personal
injuries. These limits may be satisfied by the comprehensive
coverage liability policy, provided coverage umbrella or excess
liability policy, provided coverage afforded by the umbrella or
excess policy is no less than the underlying comprehensive general
liability coverage. The City shall be named as an additional insured
on the insurance policy.
The Association must keep in force during the term of this Lease a
policy covering damages to its property. The amount of coverage
shall be sufficient to replace the damaged property, loss of use and
comply with any other appropriate City ordinances or regulations.
H. Hazardous Materials. The Association will be solely responsible for
and will defend, indemnify and hold the City, its agents and
employees from and against any and all claims, costs, and liabilities
including attorney:.s fees..and costs, arising out of or in connection
with the cleanup or restoration of the tennis court area and access
area resulting from the Association's use of hazardous materials;
provided that the Association shall have no responsibility or liability
for any condition existing prior to this Lease or for the removal of
any improvements specifically authorized by the City. For purposes
of this agreement, "hazardous materials" shall be interpreted
broadly and specifically includes, without limitation, asbestos, fuel,
batteries, or any hazardous substance, waste or ,materials as
defined in any federal, state or local environmental or safety law or
regulations including but ,!o!)imited CERCLA. The City represents
that it has no knowledge of any hazardous materials on the
property.
I. Indemnification. The Association agrees to defend, indemnify and
hold the City harmless from any and all costs, including reasonable
attorney's fees, and claims of liability or loss which arise out of the
Association's use and/or maintenance of the property except those
which arise from the negligence, willful misconduct or other fault of
the City. As used in the previous sentence the term "Association's
Use" means the Association, members of the Association, guests of
members of the Association and invitees of members of the
Association.
J. Compliance with ReQulations. The Association and its members
shall use the tennis court and the access areas in compliance with
all of the City's regulations and in a manner that does not create a
nuisance for adjoining property owners.
K. Default. A violation of term~ of.this Lease by the Association or its
members shall be an evenfd default. If a default occurs, the City
shall provide the Association of a ten (10) day notice to cure such
default. Failure to cure the default within the appropriate time shall
result in an automatic terl)1ination of the Lease.
L. Authoritv. Each party represents that they have been authorized to
enter into this Lease Agreement.
M. GoverninQ Law. This Lease shall be construed in accordance with
the laws of the State of Minnesota.
N. Severability. If any term of this Lease is found to be void or invalid,
such the invalidity shall not affect the remaining terms if this Lease,
which shall continue in full force and effect.
. ~ -j -'
IN WITNESS WHEREOF, the above-named parties have hereunto set
their hands.
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ARDEN HILLS III ASSOCIATION
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Sheehy Tennis Court Future Options
October 29. 2007
Attachment 8B-2:
Quotation for resurface of the Sheehy Tennis Court
Quotation
From: Finley Bros., Inc.
db" Tennis West
P.O. Box 677
Hopkins, MN 55343
Pb. 952-933-8272
Fx. 952-933-6164
To: Arden Hills Parks
c/o Michelle Olson e.) michelle.olson(al,ci.arden-hills.mn.us
0.) 651-634-5128 f.) 651-634-5137
Re: Resurfacing a (1) doubles tennis court.
At Sheehy Park. ( N. Hamline & E. Snelling)
Description of work to be done:
Area ( approx.): 60'xI20'
· Treat with outdoor bleach
· Pressure wash entire hard court .
· Scrape to remove delaminating paint.
· Fence line foliage, roots, and branches by owner.
· Clean, treat with a defoliant and t1.ll cracks.
Note: Do to the nature of structural cracks, their
permanent repair Can not be fluaranteed.
· Patch and level "bird bath" areas.
Note: A maximum of three (3) applications.
· Provide a Nova Sports acrylic color surface system
For existing asphalt construction.
· Color: red/green with 2"white playing lines, per USTA rules.
) .......................$ 6,470.00
ours, ymo d S. Finley
c.) 612-363-3004
Estimate accepted:
Date:
G0/10 39\1d
8NI SO~8 ^3lNU
179t9EE5GS5
SS:GG L00GILG/90
Sheehy Tennis Court Future Options
October 24. 2007
Attachment 8B-3:
Association request and further provided information
ARDEN HILLS NO.3 ASSOCIATION
October 19, 2007
Mr. Bill Henry, Chairperson
Parks, Trails, and Recreation Committee
City of Arden Hills
Re: Tennis Court, Lot 3, Block 8, Arden Hills No.3 Subdivision
Dear Mr. Henry:
Per your request and on behalf of the Arden Hills No. 3 Association, I am
sending this letter of statement as to our formal position and request
regarding the "Sheehy" tennis court. Attached please find a copy of a 'letter
of intent, dated December 7, 2006, from the association regarding the tennis
. court. Additionally, I have included a letter from Mr. Cy Sheehy, former
owner of the tennis court and surrounding property, in support of the
association's request.
As you know, the tennis court has been a neighborhood fixture for the past
. 35 years first as a private court maintained by the Sheehys' and then since
October, 1996, maintained by the association through a lease agreement with
the citY of Arden Hills. It is the position of the association that the tennis
court is a valuable asset to the neighborhood and to the families that reside
here. We would like to maintain the neighborhood tradition and retain the
tennis court for neighborhood use only through renewing our lease
agreement with the city. .
Thank: you for your recent visit to our neighborhood. I appreciate your
consideration of our request in your recommendation to the City Council.
. Respectfully submitted,
~/ -------
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Bruce Eisenmenger
. President
Arden Hills No.3 Association
December 7, 2006
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ARDEN HILLS NO.3 ASSOCIATION
Karen Barton
Community Development Director
City of Arden Hills
1245 West Highway 36
Arden Hills, MN 55112-5743
.s
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,
Karen,
Per your recommendation, and on behalf of the Arden Hills No. 3
Association I am sending you this letter of intent to enter into a' lease
agreement for a tennis court and related facilities located on Lot 3, Block 8, of
the Arden Hills No.3 subdivision that is currently owned by the City of Arden
Hills. .
Fot the last 10 years we have had a lease agreement for the above listed
property with the City of Arden Hills. That agreement expired October 3,
2006. We would like to enter into a similar agreement for the next 10 years. A
copy of the previous agreement has been attached for your review. Please
share this letter with the appropriate city officials and advise me of the next
steps required for renewing a lease agreement.
Respectfully Submitted.
Todd Albertson
Board Member
Arden Hills No.3 Association
1543 GLEN HILL RD' ARDEN HILLS/MN . 55112
PHONE (HOME): 651-636-9398 . (WORK): 651-731-5739
.
To Whom It May Concern;
I have had discussion with Mr. Bruce Eisenmenger, President, "Arden Hills
No.3 Neighborhood Association regarding the future of the neighborhood
tennis court. As the former owner of the tennis court I am in support of the
neighborhood association's deSire to retain the tennis court for neighborhood
.. . use. Please consider their request to renew a lease agreement with the city
of Arden Hills.
Sincerely,
/~eh~
. .1505 Edgewater Avenue
Sheehy Tennis Court Fnture Options
October 29, 2007
Attachment 8B-4:
Letter from City Attorney regarding sale/conveyance of property.
Warren E. Peterson
Jerome P. Filla
Daniel Witt Fram
Glenn A. Bergman
John Michael Miller
Michael T. Oberle
Steven H. Bruns*
Paul W. Fahning*
Sonja R. Ortiz
Amy K. L. Schmidt
Ben I. Rust
Jared M. Goerlitz
P~ERSON.
FRAM BERGMAN
Suite 800
55 East Fifth Street
St. Paul, MN 55101~I718
(6511291-8955
(651) 228-1753 facsimile
www.pfb-pa.com
PROFESSIONAL ASSOCIATION
(651)290-6907
ifilla(@ofb~oa.com
October 22, 2007
Ms. Michelle Olson
Parks and Recreation Manager
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
VIA EMAIL AND U.S. MAIL
RE: Sheehy Park
Dear Michelle:
Sheehy Park was conveyed to the City in 1993. No restrictions were placed on the
conveyance.
Prior to the conveyance of all or a part of the Sheehy Park property, the City must do
one (1) of the following (M.S. 462.356, Subd. 2):
1. The Planning Commission should review the proposed transaction and
prepare findings for the City Council, indicating whether the disposition of the
park property complies with the City's Comprehensive Plan; or
2. The City Council should adopt a resolution indicating that in its judgment, the
proposed disposition has no relationship to the City's Comprehensive Plan.
This type of resolution requires four (4) affirmative votes.
The City has the authority to sell or lease excess property (M.S. 412.211). The City
does not have the authority to convey property for a nominal consideration, unless
the conveyance is to another governmental unit (M.S. 465.025 and 465.035). The
Attorney General has determined that the City cannot convey land for a nominal
consideration to a non-profit organization (A.G. OP. 469a-9; May 5, 1967).
If you have any questions, please contact me.
JPF/jmt
cc: Michelle Wolfe
. ALSO ADMITTED IN WISCONSIN