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BCOL Advisory Council Minutes 05-02-2014MINUTES BERTRAM CHAIN OF LAKES REGIONAL PARK ADVISORY COUNCIL Friday, May 2, 2014 8:00 a.m. Bridge Room, Monticello Community Center Advisory Council Members Present: Mark Daleiden, Martyn Dibben, Jim Hayes, Clint Herbst, Tom Jahnke, Larry Nolan, Wes Olson, Scott Peterson, Glen Posusta, Pat Sawatzke, Sandra Theros, Lyle Trunnell. Advisory Council Members Absent: Jim Lindberg Staff Present: Angela Schumann, Jeff O'Neill, Stacy Marquardt, Tom Pawelk Others Present: Tim Hennagir, Monticello Times 1. Call to Order. Martyn Dibben called the meeting to order at 8:00 a.m. and declared a quorum present. 2. Consideration of approving minutes from April 11, 2014 meeting. SCOTT PETERSON MOVED TO APPROVE THE MINUTES OF THE APRIL 11, 2014 REGULAR BCOL ADVISORY COUNCIL MEETING. MOTION SECONDED BY LARRY NOLAN. MOTION CARRIED UNANIMOUSLY, 12 -0. 3. Consideration of adding to and approving the agenda. SANDRA THEROS MOVED TO APPROVE THE AGENDA AS WRITTEN. MOTION SECONDED BY PAT SAWATZKE. MOTION CARRIED UNANIMOUSLY, 12 -0. 4. Wright County Parks Ordinance, Public Hearing, May 13, 2014 at 9:30 a.m. The revised Park Ordinance with the addition of Section 8 pertaining solely to the BCOL Regional Park will be opened for public notice on May 13, 2014. Following the public hearing, the revised ordinance will be brought to the Wright County Board for approval as recommended by the BCOL Advisory Council at the meeting on April 11th. Martyn Dibben recommended BCOL Advisory Council members attend the meeting. 5. MORC Work Plan, summer of 2014. MORC will continue building the single track sustainable mountain bike trails throughout the park. MORC has a separate agreement with the YMCA which allows access to go across the YMCA property to make the loop connection. Angela Schumann indicated that Marc Mattice has continued to work with MORC to fine tune the MOU. The MOU agreement has been approved by the Wright County Board of Commissioners and will be brought to the Monticello City Council on May 12th for approval. The configuration of the trail, maintenance and the operation of the trail all remain the same within the MOU. The agreement is set to automatically renew from year to year but does include a BCOL Regional Park Advisory Council Meeting Minutes: May 2, 2014 provision that allows for either entity to review and/or revise the document as necessary. Angela noted that the park map in the kiosk at the south trail will be revised to show the single track trails. The map will also be available online. 6. Phase 5 and 6 Purchase, Document Review and Recommendation to the City Council and the County Board of Commissioners. The Phase 5 and 6 complete purchase documents were included in the agenda packet for review by the BCOL Advisory Council. Angela Schumann explained that upon approval by the Advisory Council, the purchase documents will be brought to the City Council and the Wright County Board of Commissioners for approval in May. The sale transaction is tentatively scheduled for June 5, 2014. The documents included for review are as follows: • Fifth Addendum to the MOU • Phase 5 Purchase Agreement for 40.17 Acres (Active Athletic Area) • Phase 6 Purchase Agreement for 128 Acres (Legacy Area) • 2014 -2015 Amended and Restated Shared Use Agreement • Lease Agreement Angela reviewed each document and opened for discussion. Clarifications and corrections should be noted as follows: Amended Shared Use Agreement: D. 3. Garage, Chalet and Pole Building It should be noted that with the use of the Chalet Building, the YMCA will be required to put into escrow a determined dollar amount to remedy the septic issues on the property prior to closing. D. 4. Use of Beach Clarification in the first paragraph: ... YMCA shall be allowed at least fifty feet of beach for its exclusive use to operate its programs during summer camp hours from 9 -4:30, and shall be operated within the terms of the Ground Lease. D. 9. Use of Buildings, Program Areas and Trails Correction on hours: On weekdays between the hours of 8:00 A.M. to &N 5:00 P.M. 2 BCOL Regional Park Advisory Council Meeting Minutes: May 2, 2014 Phase 5 Purchase Agreement: Angela noted that the purchase agreement is subject to the attorney review and recommendation. The YMCA is requesting inclusion in this document item 15.7, item 17.b and item 22. The ground lease does not impact this parcel so the City position is that those items shouldn't be in this purchase agreement as we don't want anything to cloud the 40.17 acres. The City will be meeting with the attorney on these items. Correction as follows: 12. SELLER'S COVENANTS, REPRESENATATIONS AND WARRANTIES Section E.... , and two no wells on the Property, Lease Agreement: Angela explained that with the exception of three changes the lease document remains the same as the lease that was previously reviewed by the Advisory Council. The First Addendum to the MOU and the Operating Agreement are not included in this packet as they were already approved by the Advisory Council and they have not changed. Changes that were made to the document were explained as follows: • The YMCA's leasehold interest relative to the deed restrictions required to put on the Phase 6 property for grant purposes: The grant requires the City and County file a deed restriction related to the outdoor recreation purposes of the property. The YMCA was concerned that at some future point someone else looking at the grant paperwork and the YMCA's lease might find a conflict. To remedy that the first WHEREAS paragraph in the agreement was modified and it basically indicates that the YMCA's leasehold interest is kind of an overlay on the land and that the deed restriction does not impact the YMCA's leasehold interests. Marc Mattice has forwarded this language to both state granting agencies, the LCCMR and the DNR, and they have both signed off on this language. It seems like that issue has been resolved to the satisfaction of all parties and the YMCA feels that its leasehold interest will be protected. • The state's requirement that the City and County cannot discriminate: P. 9, Item (h): The YMCA has added language that they recognize that their facility is located within the Bertram Chain of Lakes Regional Park and that they do not discriminate based on race, color, nationality, origin, sex, age, or disability. When the YMCA promotes their camp they will be required to include that language. 3 BCOL Regional Park Advisory Council Meeting Minutes: May 2, 2014 • Subletting: This item was included to provide a comfort level to the YMCA that they could potentially lease out some of their sites for events. P. 14, Item 12. Subletting: If the YMCA were to do so, the state has requested that the leasing should be of same or similar purposes that will offer and use the lease area for public recreational purposes. For instance, the YMCA could lease to the boy scouts but must get prior written authorization from the City and County before doing so. With a recommendation from the BCOL Advisory Council, the City and County will be asked to approve all of these documents and the purchase of Phase 5 and 6 at their respective meetings on May 12th and May 13th. MARK DALEIDEN MOVED TO AUTHORIZE APPROVAL OF THE PHASE 5 AND 6 PURCHASE DOCUMENTS AND RECOMMENDATION OF ACCEPTANCE BY THE MONTICELLO CITY COUNCIL AND THE WRIGHT COUNTY BOARD OF COMMISSIONERS AND APPROVAL OF THE PURCHASE OF LAND INCLUDED IN THESE ACQUISITIONS. MOTION SECONDED BY TOM JAHNKE. MOTION CARRIED UNANIMOUSLY, 12 -0. 7. Athletic Field Subcommittee report. Tom Pawelk stated that the City Council approved the revised Athletic Complex Plan utilizing 27 acres of the City owned farmland (the old biosolids site) for the use of ball fields and soccer fields for future expansion of the facilities. The Athletic Subcommittee will be meeting in the near future to discuss moving forward with the project. The action by the City Council was consistent with the Advisory Council recommendation. The first phase will be developed within the confines of the first area and the second phase plan will be to move into the City farmland later, adding fields as needed. Angela Schumann noted that they have spoken with County Planning & Zoning as well as the granting agency and the determination is that the way the fields and recreation are configured is up to the City as long as the purpose for outdoor recreation remains the same. Therefore, we shouldn't have any problems with phasing the complex. The current grant must be used within three years for the development of Phase I. Angela explained that Phase I will be done with a minimal approach with green space and a gravel drive to allow for ease of turning into ballfields in the future. They will be working on the Master Plan for the Athletic Complex and will start on Phase I in late 2015 or early 2016. Angela said that Graham Sones helped the City prepare the potential configuration utilizing the City owned farmland and we'll need to make sure we don't cross over to legacy land and finalize the concept based on field arrangement. The City and the Athletic Subcommittee will be working with Graham on the Master Plan and then will bring it back to the Advisory Council for review. 8. Greater Minnesota Regional Parks and Trails Commission Update. The Greater MN Regional Parks and Trails Commission's goal is to engage the public into a regional park planning process. The state is divided into districts and each district 4 BCOL Regional Park Advisory Council Meeting Minutes: May 2, 2014 has to come up with a regional park and trail plan. Bertram will be on that plan and this will determine the legacy funds. The first public input meeting is on June 10th in Becker at the Community Center from 3 -6pm. All BCOL Advisory Council members are encouraged to attend. Angela Schumann will email the Advisory Council members further details when she receives them. 9. Friends Update. Martyn Dibben noted there was a Friends Meeting on April 18, 2014. They finalized the cleanup event details which will be held on Saturday, May 3rd from 10am -12pm. The areas of focus will include the Bertram landing, the east side of Long Lake, along the esker, and the other end of Long Lake. Angela distributed the flyer and maps of areas to clean up. Dan & Jerry's will clean up the right of way on 90th Street. Pat Sawatzke noted that the county should look into sending a letter to Dan & Jerry's regarding the debris blowing across 90th Street and into the park from their greenhouses and warehouse. The Friends will be present at the Walk n -Roll event in June which is the City's annual park and pathway celebration, and this event offers a great opportunity to get the word out about Bertram. Everyone is welcome to attend. The Friends are looking for events and opportunities to get the word out and looking at what other friends groups do. 10. Discussion of added items. None. 11. Next meeting scheduled for Friday, June 6, 2014 The next regular Bertram Chain of Lakes Regional Park Advisory Council Meeting is scheduled for Friday, June 6, 2014, at 8 a.m. Members would like to tentatively meet at the park. Marc Mattice will be asked to email out the specific location for the meeting. 12. Adiourn MARK DALEIDEN MOVED TO ADJOURN THE MEETING AT 9:15 A.M. MOTION SECONDED BY SCOTT PETERSON. MOTION CARRIED UNANIMOUSLY, 12 -0. Recorder: 6�3eih &rein Administrative Assistant Approval Date: June 6, 2014 Attest: U I MAl wa!A!&W,I