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1d. Approval of Master Agreement between the City of Chanhassen and Independent School District #112 regardin use of athletic fields at Chanhassen High School CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax 952.2271110 Building Inspections Phone: 952.2271180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.2271120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone 952.2271300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us icL MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Todd Hoffman, Park and Recreation Director DATE: July 28, 2008 ~~. SUBJ: Approval of Master Agreement Between The City Of Chanhassen and Independent School District #112 Regarding Use Of Athletic Fields At Chanhassen High School. PROPOSED MOTION The City Council approves the attached Master Agreement between The City of Chanhassen and Independent School District #112 Regarding Use of Athletic Fields at Chanhassen High School. Approval of this item requires a simple majority vote of those City Council members present. On June 23, 2008, Independent School District #112 Superintendent David Jennings attended a City Council work session to discuss a proposed partnership between the District and City concerning athletic fields at the new Chanhassen High School. Superintendent Jennings outlined an agreement that differed from previous proposals in that it put the City of Chanhassen in a second position, behind school district activities, for use of the baseball diamonds, softball diamonds, soccer fields, football stadium, and practice fields at the School. Other highlights of the agreement include: A. The City contributes $600,000 to the District upon completion of the facilities. B. A minimum duration of 30 years. C. Consideration of on-site sale and consumption of beverages regulated by Minnesota Statutes, Chapter 340A in conjunction with events involving adult softball and baseball games only. Staff is comfortable with the language and intent of the proposed master agreement and looks forward to expanding our existing partnerships with the District. At present the two parties collaborate in operating both the Chanhassen Elementary School/City Center Park Campus and the Bluff Creek Elementary School/Chanhassen Recreation Center Campus. Together these partnerships account for over 50 years of working together in the best interest of the public. g:\park\th\high school stadium\approval of master agreement.doc The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. MASTER AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND INDEPENDENT SCHOOL DISTRICT #112 REGARDING USE OF ATHLETIC FIELDS AT CHANHASSEN HIGH SCHOOL THIS AGREEMENT is made and entered into by and between the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City," and INDEPENDENT SCHOOL DISTRICT #112, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "District". RECITALS I. The District is the owner of certain property, located on the site of Chanhassen High School and designed for use as athletic fields, which may be used from time to time by community organizations based within the District for various purposes. II. The City agrees to be a financial contributor to certain improvements at some ofthese District-owned athletic fields. III. It serves the interest of the residents of the City and residents of the District to provide a practical means for shared use of the above mentioned athletic fields to the extent such shared use is possible. IV. It is the desire of both the City and the District to enter into this agreement, setting forth general guidelines to govern the shared use of the athletic fields at Chanhassen High school; to provide for the maintenance of these fields; and to identify the responsible party in the event of claims for damages that might arise from such joint use. NOW THEREFORE, in consideration ofthe mutual covenants and conditions hereinafter described, it is hereby agreed by and between the City and the District as follows: I, This agreement shall be in effect the day following the date the jointly signed agreement is approved by the governing boards of both ofthe two parties. 2. Upon completion of the athletic field facilities, the City shall contribute $600,000 to the District to be used by the District towards construction of the facilities. 3. The field facilities shall be constructed in accordance with plans that must be approved in advance by the City. 4. The athletic fields governed by this agreement include the baseball diamonds, softball diamonds, soccer fields, football stadium and practice fields located on the site of Chanhassen High School ("The Fields"). 139690vOl RNK:07/02/2008 I 5. Except as provided for in paragraph 6(b) of this agreement, the District shall have ultimate and sole jurisdiction over allocation of usage time for scheduling of all facilities, fields and equipment at Chanhassen High School including both indoor and outdoor facilities. In the case of events or activities scheduled by the City pursuant to the provisions of paragraph 6(b) of this agreement, the District retains the ultimate right to override, by school board action, scheduling of any proposed event involving a group or activity which the board deems to be inconsistent with the District values or mission. 6. Scheduling and use of The Fields shall be prioritized as follows: (a.) First priority will be given to District scheduling of the Fields for high school athletic events, after school co-curricular and community education activities, physical education classes, and District-sponsored athletic events and practices in season. (b.) The second priority will be City scheduling of the Fields, without charge, at times that do not conflict with the District's scheduled events described in paragraph 6 (a) of this agreement. It is agreed that the events scheduled by the city during these times will be limited to contests and events sponsored by the city's Park & Recreation Department on behalf of sports and community organizations based within the City and serving primarily Chanhassen residents. (c.) The District will schedule use of the Fields at all other times. 7. This agreement may be terminated by either party, effective on or after July 1 2038. Termination ofthe agreement can be accomplished by either party providing written notice of their intent to cancel to the other party at least six months in advance of the proposed termination date. 8. It shall be the responsibility of the District to maintain The Facilities and equipment in good order and repair. 9. It shall be the responsibility of the District to provide for the fields to be insured for fire or windstorm damage and to maintain a policy of general liability insurance covering said fields in accordance with the District's policy for maintaining such insurance on other facilities and/or equipment owned by the District. 10. Each party shall, however, provide for the other party to be named as an "additional insured party" on their respective insurance policies in the case of losses or damage arising out of the use of the fields as described in the provisions of this joint agreement. 11. All general liability insurance policies related to the use of the fields described in this agreement shall provide for coverage in an amount not less than the statutory limits of municipal liability described in Minn. Stat. ~ 466.04 and shall provide insurance coverage in a manner consistent with the provisions of that statute. 139690vOl RNK: 07/02/2008 2 12. In conjunction with events involving adult softball and baseball games only, the District will consider, on a case by case basis, granting of a permit to allow for the onsite sale and consumption of beverages regulated by Minnesota Statutes, Chapter 340A. 13. Each party to this agreement shall be required and expected to use The Facilities in a reasonable and prudent manner. 14. The City shall not install equipment on the property owned by the District, in any manner either permanent or temporary, without prior written consent from the District. If such prior written consent is provided, however, the City shall be considered the "owner" of the installed equipment for purposes ofliability and maintenance. 15. Each of the parties to this agreement is required to provide for and maintain workers compensation insurance, at least to the extent of the minimum coverage required by statute, on all persons in their employ who may have occasion to work at any of the fields covered by the agreement. 16. This agreement shall be interpreted under the laws of the state of Minnesota and the covenants, stipulations and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto and may be amended, if necessary, to comply with statutory and regulatory requirements to which the parties are subject. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day following final approval by the governing boards of the two parties. CITY OF CHANHASSEN INDEPENDENT SCHOOL DISTRICT # 112 BY: BY: Its Board Chair Its Mayor AND AND Its City Manager/Clerk Its 139690vOl RNK:07/02/2008 3 UVVIL::> 19raphy the 'stage for Hife photos. 17 ~, 24' ery' lne , Creameries ~entury. week July Fourth mhassen: .......,...........4 ...,..;.~.......... 9 ~aleHqar .. 15 s..,;::.:....... 17 :;~..:..:;..;....... 19 ........:........ 24 ent , comment on a tllchard Crawford 10r ranvilfager.com. @ 2008 , Southwest Newspapers" 3 III 1 ......... ...LU....J bv"........ a,UJ.J.,""U.l.o.:). .1..1.1. OV.l.l.lC cases, the record high fuel , prices are forcing public of. ficials to adjust how services are provided. An uptick in fuel costs can have a, noticeable 'effect on the,county's bottom line. In 2007, county vehicles 'Used more than 130,000 gallons of gasolinelmd diesel fuel, ac- .r or :.::UUU, .t\.ammerua said the Sheriff's Office had planned on spending about $12,500 per month.for gasoline, roughly 4,800 gallons a month. Although the SherifCs, Office '. and other departments are able , to purchase gasoline in bulk at ' a discount; the cost increases' ,have resUlted inthe SheJ:'iff's Office beirigabout a mCHith Kammerud said the Sher~ iff's Office has had prelimi: nary discussions about ways to conserve gasoline consump-' tion; however, "the criminal element is mobile so we need to ,be mobile also." , ',',,'One change that's occurring inJuly is more squad cars will be based out 01 the county's , Public Works building in Co- 'lie Works faciiity w~~b-Uiit fi;e ,years ago, the tanks a:llowed the . county to buy gasoline by the tanker. load -'- 8,500 gallons at a ", timEfJ:'hat a:llows the county to ',',', buy gas at a discount. On: June , 9, the discounted rate was $3.68 , . per 'ga:llon. But not a:ll Sheriff's squads GAS to page~2 IS scneaUlea lOr Aug. l~ to practice the course at Lake Ann Park. , "It gets them out there exercising, gives 'them a goal and helps us to carry on the goal of the l'4ii-acles of Mitch," said Schiller. 'See the inside for more information about the Mir- 'acles of Mitch and July 4th events. Stadium. talkstesume By Forrest Adams Chanhassen and, District 112 officials have reopened discussions of a stadium being built for baSeba:lland softba:ll at Chanhassen High School. District H2 School Superm- tendent David Jennings made the case for the city to par- ' ticipate in a jomt city.school project at Monday's council work session meeting. 'rhe city has wavered on the stadium proposal in recent months. 'rhis spring, COUll- cilors expressed enthusiasm for building a: stadium atthe neW high school that could potentia:lly host an amateur city baseba:ll team. However, when little support for 1:11e idea surfaced during public discus- sions, councilors withheld support last month and the issue appeared to have died. On Monday, Jennings left the work session with what Chanhassen Mayor 'rom Furlong called "a pOlitical handShake." It was Furlongs good-faith affirmation that the Chanhassen City Council would next month approve spending $600,000 of park dedication funds to upgrade the Chanhassen High' School , baseball/softball complex. In return, the city park , , and recreationdeparti11entand , other Chanllassen'based teams 'would gain additional access to a:ll of the outdoor ~fieldsat the ' high school with the exception of the footba:ll stadiUm, which is' . , still on the table, City Manager Todd GerhardtsCiid. ' ' The District 112 School Board' aIreadytook bids for construc- tion of the complex and is sched- uled to open them' for review , and discussion at their meeting , tonight.>' , ., Resurrectio~. " When'citycounciloJ,"s\with. ',' hel~supportlastmonth,thecity, would' have' only gained access to the softba:lland baseball com~ plex. The new deal provides city access to two soccer/lacrosse fields, which have artificial turf, two additional softball fieldS, and maybe even the football stadium. The deal would give ChanIiassen highest priority, after District 112, for scheduling events on the fieldS. Typica:lly, all cities in the school district would have equal , access to the fields. Hoffman admitted there might be some scheduling conflicts between the citY and the school district:but he said the benefits of using the fieldS would outweij5h them. "Faced with the need of hav- ing to acquire property, that's go- ingto be an expensive endeavor," ) Thec/ty of Chanhassen would contribute $600,000 to construct a baseball/softball stadium at Chanhassen High School. The city would get priority,scheduling at high school fields when they are . not being used by the district. ................................................................................... he told councilors, estimating the cost would be between $6 mil- lion and $10 million. "When you . have the . opportunity to invest $600,000 and YOlJ get anupgfaded . baseba:ll stadium and you get to use other facilities, which include a couple of practice soc- cer and lacrosse fieldS and you get a couple softba:ll fieldS and potentially the football staqium, that helps." Hoffman said the money would come from the park dedi. cation fund, which currently has a cash balance of about $3.5 mil- lion. The school district would be responsible for maintenance .at the fields. Additions to the baseball/softball complex, such as a concession stand or pitching machine, would be paid for in the future by one of, both, br outside organizations. Gerhardt referred to it as an investment into all the athletic fields that the district is using to ,. PHOTO BY FORREST ADAMS A baseball/softball complex proposed for Chanhassen High School.. , . pay for the enhanced. baseball/ softba:ll complex;;Previously, there was talk of a: toWn base. ball team formingto piay on the baseba:llfield. .: , . If the district is able' to seed the grass by this fa:ll,the field could be play~ble in the spring of 2010. . . _When they withheld their , own support, councilors ex- pressed surprise there hadn't been more support from the public on the stadium plan. Gerhardt has recently con- tacted leaders from Chaska . Youth Baseball and the Chanhas- sen Athletic Association for their thoughts on the issue. He found both organizations supportive of the partnership but unable. to actively participate in lobby- ing for the partnership when it was'p.nnounced because . they , were busy with their athletic \ seasons. A representative from CAA who waS at Monday's work session. confirmed Gerhardt's assertions. Beveragere~ation , There were conGerns last month when the partnership was rejected that alcoholic bev-' erag(;lS could not be consumed bY,spec,!<lto:rs of city events bec~lJ';;i~the fields al'e on public , schooI'property. . However, those speculations were unfounded. The control over tl;1is .lies with the school board;@d the city of Chanhas- sen, said. Gerhardt. The liquor sales would have to be done by a non-profit organization, and the city would give that orga- nization a permit to do so. Jen. nings said he didn't know how the school board would vote on thafissue.' 1 , j