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BCOL Advisory Council Minutes 11-04-2011MINUTES BERTRAM CHAIN OF LAKES REGIONAL PARK ADVISORY COUNCIL Friday, November 4th, 20118:00 a.m. Bridge Room, Monticello Community Center Advisory Council Members Present: Martyn Dibben, Jim Lindberg, Larry Hance, Pat Sawatzke, Glen Posusta, Pete Stupar, Wes Olson Advisory Council Members Absent: Rose Thelen, Clint Herbst, Sandra Theros, Janice Bergstrom, Gene Emanuel, Lyle Trunnel Staff Present: Angela Schumann, Marc Mattice, Kitty Baltos, Stacy Marquardt Staff Absent: Jeff O'Neill, Tom Pawelk, Graham Sones 1) Call to order Martyn Dibben called the meeting to order at 8:00 a.m. 2) Approval of October 7, 2011 Meeting Minutes JIM LINDBERG MOVED TO APPROVE THE OCTOBER 7, 2011 MEETING MINUTES AS AMENDED. MOTION WAS SECONDED BY WES OLSON. MOTION CARRIED 7 -0. 3) Consideration of adding to and approving agenda a) Friends of Bertram Lake b) Kicking Bear 4) Review Phase 3 Purchase a) Shared Use Agreement The Shared Use Agreement drafted would allow for water access to Bertram Lake on Parcel 12 owned by the Y on Fridays at 4 p.m. through Sundays at sunset during the summer. It would also allow the Y to use three City /County owned buildings located on Parcel 7a for Y programming. The Y will be responsible for public water supply sampling and testing and the cost of electricity. The Advisory Council agreed to strike the word "irrevocable" from the item C.1 in the agreement as it relates to license to use and operate the property and facilities. b) MOU Addendum The Memorandum of Understanding (MOU) Addendum amends the original MOU outlined in 2008. It specifies that the Y would be authorized to use the property for Bertram Advisory Council Minutes: 11/04/11 up to three summers and that it would be responsible for maintaining buildings in the Park and managing water access on Bertram Lake. It also gives the City and County the option to put surface zoning ordinances on the lake for non - motorized usage. The Advisory Council agreed to amend the MOU language in several sections. The Addendum incorrectly specifies that horses are located on Parcel 7 and that the beach is part of Parcel 7a. Items 1 -4 were to be eliminated and instead read," ...facilities as per the shared use agreement or at such time as the updated shared use agreement is adopted." Also eliminated was the phrase "contemplating the approval to relocate." Additionally, the phrase involving "incremental transactions" would be edited to read, "Accordingly the allocated price for one of the future transactions will be reduced in value by $13,131." The indemnification clause was revised and liability issues were resolved. c) Purchase Agreement The Purchase Agreement drafted documents the parameters of the acquisition and will be modified based on the appraisal. The legal status of the document will not be affected by the YMCA changing its name to the Y. Title insurance for the property has been obtained. d) Time Line A draft copy of the appraisal was due to be reviewed on November 4th. It will then be submitted to grant agencies for amendment due to the increase in acreage involved. The Shared Use Agreement, the MOU Addendum and the Purchase Agreement documents are to be finalized and brought forward to the City Council and County Commission for review by November 15th. The next steps involve finalization, encumbrance of funds from the federal and state government, updating the abstracts and determining a mid - December closing date. e) Future Beach and Y camp agreement discussions Pat Sawatzke asked that future communication with the Y go through the proper formal channels so that all parties are involved in any negotiations. The Y has not yet provided a proposal for establishing camp in the northern portion of the park. The Y's attorney proposed a separate lease agreement to follow the purchase of Parcels 1, 2 and 8 which would allow the Y to begin planning for operations in the north end of the park and the City and County to obtain use of the full balance of the park including the beach. This agreement would be contingent on obtaining grant funding and approval by both the City Council and County Board. The Advisory Council brainstormed numerous options for allowing beach access and authorized the continued review and negotiations of a public access beach agreement. Staff estimated that it would cost approximately $20,440 to open the beach on 2 Bertram Advisory Council Minutes: 11/04/11 summer weekends. There was no formal action taken related to beach access at this time. There was some comment about the need to upgrade the chalet building to use for events or as office space for the Friends of Bertram. There was continued discussion about the definition of non - motorized boating on Bertram Lake. A future lease agreement might provide an opportunity to experiment with the definition of "non- motorized" lake usage prior to making a final designation. WES OLSON MOVED TO APPROVE THE SHARED USE AGREEMENT, THE MOU ADDENDUM WITH MODIFICATIONS, AND THE PHASE THREE PURCHASE AGREEMENT WITH APPRAISAL MODIFICATIONS. MOTION WAS SECONDED BY PAT SAWATZKE. MOTION CARRIED 7 -0. 5) Establishment of an Executive Committee to report to City Council and County Board relating to topics such as: expenses, operations, responsibilities, and improvements There was brief discussion of the need to formalize the process by which recommendations of the Advisory Council are communicated to elected officials. WES OLSON MOVED TO APPROVE THE ESTABLISHMENT OF AN EXECUTIVE COMMITTEE COMPRISED OF THE MEMBERS OF THE NEGOTIATIONS TEAM: ROSE THELEN, PAT SAWATZKE, GLEN POSUSTA, CLINT HERBST, AND MARTYN DIBBEN TO REPORT ON BERTRAM ADVISORY COUNCIL RECOMMENDATIONS TO THE MONTICELLO CITY COUNCIL AND WRIGHT COUNTY COMMISSION. MOTION WAS SECONDED BY JIM LINDBERG. MOTION CARRIED 7 -0. 6) Marketing, promotions, programming and Park Use developments for 2012 Tom Pawelk will meet with Kitty Baltos to develop some parameters for marketing, promotions, programming and Park Use developments for 2012 and report back to the Advisory Council. 7) Grants and Funding Updates Staff have applied for six Legacy grants. Grant applications have been submitted for Parcels 12, 10, 7b, and 5. Parcel 12 is scheduled to be the next purchase. An application for Parcels 1, 2, 8 and 9 may be submitted together for outdoor recreation grant funding. Staff have applied for $6 million in bonding funds and recommend that the MN Parks & Trails Council support $5 million for the outdoor recreation grant out of bonding funds as well. 8) Report on Senate Committee Tour Bertram Advisory Council Minutes: 11/04/11 Representatives from the Senate Environment and Natural Resources Committee toured Bertram Lake Park on October 20th. The Committee had toured four Greater MN Park and Trail projects to learn about the projects Legacy Funds would support over the next few years. Zero match legislation is proposed for Greater MN Parks & Trails projects for 2015 in an attempt to level the playing field with Metro Park projects. The Senate Capital Investment Committee may tour Bertram Park at end of November. 9) Advisory Board membership and makeup There was some discussion about the composition and the formal authority of the Advisory Council. There are to be two City Council representatives, two County Commission representatives, two at -large positions from the City, two at -large positions from the county, and representation from the City and County Parks Commissions, the MCC Advisory Board, the school district, the township, community groups, citizen at- large, local athletic organizations and the Y. Some Council terms, including that of the Chair, will expire at the end of the year. There was some concern about the need for consistent attendance. Larry Hance has indicated an interest in continued participation. Staff will check in with Gene Emanuel and Janice Bergstrom to determine their level of commitment. The Advisory Council determined that there was no need to appoint alternates or increase number of representatives. 10) Other /Additions a) Friends of Bertram: The Friends of Bertram held a retreat on October 8th to review accomplishments and plans for the future. Thirteen Friends of Bertram were in attendance. Representatives from the Friends group from Lake Mariah State Park and the Friends from the Sherburne Wildlife Refuge also attended to share how each provides support for their organization. This enabled the Friends of Bertram to begin to consider how to move from a role of advocacy to one of support as they outline a long -term vision for the organization. b) Kicking Bear: The Kicking Bear organization will use the Monticello Sportsman's Club for its 2012 event and submit an updated proposal for the use of Bertram Park as their campout event site for 2013. 11) Adjourn WES OLSON MOVED TO ADJOURN AT 10:00 AM. MOTION WAS SECONDED BY PETE STUPAR. MOTION CARRIED 7 -0. Recorder: Approved: Attest: El