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ITEM 6.1 A & B Three Rivers Soccer Association- revisions for the play field use policyDEPARTMENT INFORMATION Parks and Recreation PRESENTER(s): Ross Demant AGENDA ITEM DETAILS Request for City council Action Ross Demant, Parks and Recreation Manager REVIEWED BY: Dan Licht, City Planner Lori Johnson, City Administrator January 14, 2013 ITEM #: 6_IA � B RECOMMENDATION: Staff recommends the City Council approve the agreement between The City of Otsego and Three Rivers Soccer Association (TRSA) relative to capital contributions for development and use of a soccer complex at Prairie Park and adopt the revisions to the City's Play Field Use Policy. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND1dUSTIFIGATION: In July 2012, Three Rivers Soccer Association (TRSA) approached the City to discuss the construction of soccer fields at Prairie Park, which are part of the Prairie Park Master Plan. City staff has worked to develop more detailed preliminary plans and engineering cost estimates for the development of the planned three fields west of City Hall. City staff has also developed estimates for additional costs that would be Incurred for maintenance and recommended equipment purchases to support the proposed soccer complex. The original budgeted amount for this project included in the 2011-2016 CIP was $585,000, which included the establishment of three soccer fields and parking with a bituminous surface and perimeter curb and gutter. City staff is now proposing that the initial parking lot be Class -5 gravel reducing the project cost to an estimated $343,000, which is allowed for municipal facilities under the Zoning Ordinance. Pending City Council approval, City staff anticipates the initial grading to start June or July 2013 with a mid-August timeline to start turf establishment which would allow for the fields to start being used in spring of 2014. With the establishment of the soccer fields, an annual maintenance cost will be incurred. Below is an estimated summary of those costs beginning in 2014. Su lies Staffing Fertilizer $3200 Fertilizing $416 Paint $952 Painting $2278 Dust Coating $1,000 Mowing $1300 Port -O -Potties $960 Aerating $208 TOTAL, $5344 TOTAL $4204 In addition to the annual maintenance of $9,548 City staff is recommending that a new paint stripper be purchased in 2014. The City currently has one painter that is not power propelled and is designed to paint smaller soccer fields and baseball lines. In order to accommodate three full size soccer fields, City staff is recommending the purchase of a riding painter. This would increase productivity by allowing staff to mix 50 gallons of paint at once, which would paint both baseball and the proposed soccer fields without re -filing the tank. This allows City staff to be more efficient by eliminating multiple mixings and cleanings. The cost of a unit ranges from $10,000 to $15,000 depending on brand and the ability to buy new or used. On November 18, 2012, the TRSA board met and voted to donate $100,000 to the development of the Prairie Park Soccer Fields subject to an agreement being executed with the City that provided for priority use and scheduling. The donation would be made as $20,000 up front and annual $10,000 payments spread out over eight years. City staff drafted an agreement regarding the cash donation that would address the terms of the contribution from TRSA as well as grant TRSA priority field scheduling and restrict the use of the facility for activities other than soccer that may cause undue wear to the fields. The City's portion of the project would be funded by monies in the Community Facilities Fund and the project has been included on the proposed 2013-2017 Capital Improvement Plan. In consideration of the City's past practices regarding field scheduling and the proposed agreement with TRSA, City staff is also proposing revising the Play Field Use Policy related to prioritization. Changes are also being proposed to the Policy to address appropriate use of the playing fields in regards to the sports that use them. City staff has been in contact with area cities regarding their field use over the past year and noticed that both Rogers and Elk River have experienced difficulty maintaining high turf standards with their current user groups. City staff feels that revising the policy to address any potential issues will help to maintain the current and future quality of the City's playing fields. The Parks and Recreation Commission reviewed both the TRSA agreement and the revised Play Field Use Policy at their meeting on January 9, 2013. TRSA President Steve Xoubek was present and said that TRSA approves of the agreement and revised policy as drafted by City staff, The Parks and Recreation Commission voted to recommend approval of the TRSA agreement. In voting to recommend the revised Play Field Use Policy, the Parks and Recreation Commission suggested modifications to the section on scheduling for organizations that are highlighted on the attached draft. The draft agreement has been reviewed by the City Attorney. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE A. TRSA agreement B. Draft Play Field U." policy C. Resolution 2013. 0.5 MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve the agreement between City of Otsego and TRSA for capital contributions for development and use of a soccer complex at Prairie Center and to adopt Resolution 201305 -amending the Park Field Use Policy. BUDGET INFORMATION FUNDING: BUDGETED: X YES TRSA Donation of $100,000.00 NO Community Facilities Fund #206: $243,000.00 ACTION TAKEN ❑ APPROVED A$ REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: DRAFT- JANUARY 8, 2013 AGREEMENT BETWEEN THE CITY OF OTSEGO AND THREE RIVERS SOCCER ASSOCIATION RELATIVE TO CAPITAL CONTRIBUTIONS FOR DEVELOPMENT AND USE OF A SOCCER COMPLEX AT PRAIRIE PARK THIS AGREEMENT entered into this day of , 2013 between the City of Otsego ("OTSEGO") a Minnesota municipal corporation and Three Rivers Soccer Association ("TRSA"), a Minnesota non-profit corporation. WHEREAS, OTSEGO and TRSA have had discussions that OTSEGO expand Prairie Park (a City Park) by adding playfields for utilization by TRSA for soccer and the public in general as shown on Exhibit A; and WHEREAS, OTSEGO has obtained cost estimates for the proposed playfield development and estimates of the yearly maintenance and operation costs for the proposed playfields; and WHEREAS, TRSA has offered to make a capital contribution for development of the facilities in the total amount of one hundred thousand dollars ($100,000.00) with an initial contribution of twenty thousand dollars ($20,000.00) and eight (8) yearly payments of ten thousand dollars ($10,000.00) which would cover approximately thirty percent (30%) of the estimated cost of development of the playfields; and WHEREAS, in exchange for the above capital contributions outlined above for development of the playfields, TRSA is requesting priority use of the fields during the soccer season; and WHEREAS, the Parties have entered into this Agreement to set forth the understandings related to development contributions and use of the facilities. NOW, THEREFORE IT IS AGREED as follows: OTSEGO will commence proceedings to initiate construction of additional playficlds within Prairie Park, subject to TRSA executing this Agreement and timely paying all required capital contributions for development of the playfields. TRSA understands that OTSEGO must follow all legally required bidding and other municipal requirements for the Project and that the final decision to move forward with the Project shall be at the discretion of the City Council. In the event that the Project is not awarded, or is abandoned at some time, neither CITY nor TRSA will have any further obligations under this Agreement. In making these capital contributions, TRSA acquires no ownership interest in Prairie Park or any other City property or lands, only the limited rights of use as set forth in this Agreement. 2. TRSA will make an initial development contribution of $20,000.00 to OTSEGO on or before May 1, 2013 or prior to the date established for award of the Project bid. Subsequently, over the following eight (8) years starting in 2014 TRSA will make an additional capital contribution to OTSEGO of $10,000.00 on or before May 1 of each year with the final installment paid in 2021. 3. Upon receipt of the initial payment and each required yearly capital contribution payment from TRSA and through November 1, 2021, OTSEGO will provide TRSA with priority usage of the playfields identified on Exhibit A as follows: first priority usage of the playfields will be for City of Otsego recreation sponsored leagues, programs or events; if no City sponsored events are scheduled, TRSA shall have next priority for scheduling of the playfields for soccer usage from April through October of each year in accordance with City policies. If TRSA does not schedule the playfields (or all of the playfields) for use during that period the City may, at its sole discretion, schedule any other use of the playfields in accordance with City policies. 4. The capital contributions made by TRSA are only for the initial development of the playfields as an incentive to OTSEGO to construct the playfields and are not usage fee payments. TRSA will remain be subject to any and all usage fees that OTSEGO, at its sole discretion determines necessary to operate, maintain and repair the playfields. S. OTSEGO will make all good faith efforts to maintain the playfields in acceptable and safe condition for soccer use during the course of this Agreement. &. TRSA shall comply with all rules, regulations, requirements and policies of OTSEGO for use of the playfields. OTSEGO reserves the right to deny TRSA use of the playfields in the event of continued or egregious violations of these rules, regulations, requirements and policies. 7. In the event that TRSA fails to timely make any capital contribution required by this Agreement, OTSEGO may deny TRSA further use of the playfields, or deny priority usage, at its sole discretion. If OTSEGO allows 7 TRSA continued use of the playfields based upon a promise of payment that is not made, the CITY may deny further use of the playfields and may demand payment and institute legal proceedings to recover the payment (or all payments required under this Agreement). In the event that OTSEGO is forced to initiate legal proceedings for payment of the capital contributions as set forth in this Agreement, in addition to the amount owed, TRSA shall be obligated to pay OTSEGO's costs, disbursements, witness fees and attorney's fees related to such legal action. 8. This Agreement is to be construed under the Iaws of the State of Minnesota, 9. If any portion of this Agreement is determined to be invalid by a court of competent jurisdiction, the remaining portions of the Agreement shall remain in force and effect so as to effectuate as close as possible the original intent of the Agreement. 10. This Agreement may only be modified by written Agreement of both parties. 11. This Agreement is for a term commencing upon the date of execution and terminating on November 1, 2021. CITY OF OTSEGO Vern Heidner, Acting Mayor Tami Loff, City Clerk THREE RIVERS SOCCER ASSOCIATION By: Steve Zoubek, President 3 RESOLUTION NO.: 2013 - 05 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ADOPTING THE REVISIONS TO THE PLAY FIELD USE POLICY. WHEREAS, the City of Otsego has play fields within public parks for which there is demand for regular, scheduled use by various organizations; and, WHEREAS, the City Council finds it necessary to make revisions to the policy regarding priority scheduling, appropriate field use, and contact information for field scheduling. WHEREAS, the City staff have prepared the Revised Play Field Use Policy attached hereto; and, WHEREAS, the Parks and Recreation Commission on January 9, 2013 reviewed the Revised Play Field Use Policy and voted 4-0 to recommend it's approval. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that the Revised Play Field Use Policy is hereby adopted and shall be in full force and effect. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 14th day of February 2011. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO BY: Jessica Stockamp, Mayor FN