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HomeMy WebLinkAbout2008 12-01 500 CMW AGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, December 1, 2008 Council Chambers, City Hall A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. UNFINISHED BUSINESS 1. City Manager Search Process a. Discussion of Open Meeting Requirements E. NEW BUSINESS 1. Bruentrup Family Farm a. Discussion of Issues for Farm Operations 2. City Council Advisory Commissions a. Behavior of Commissioners Concerns (Councilmember Hjelle) F. ADJOURNMENT Packet Page Number Page 2 of 33 Packet Page Number Page 3 of 33 Packet Page Number Page 4 of 33 MEMORANDUM Agenda Item E1 TO: Charles Ahl, Acting City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Bruentrup Heritage Farm Update LOCATION: 2170 County Road D DATE: November 24, 2008 for the December 1 City Council Workshop INTRODUCTION The Bruentrup Heritage Farm buildings were relocated from White Bear Avenue to the Prairie Farm Neighborhood Preserve in 1999. Prior to relocation of the buildings, the city council issued a conditional use permit (CUP) to the Maplewood Area Historical Society (MAHS) to operate the farm on the new site as an educational and interpretive center. City code allows ?public facilities? in any zoning district with a CUP. Since the relocation, Bruentrup Farm has been the home of the MAHS where they host monthly society meetings and year-round educational, interpretive, and fund-raising events. In 2006, the city received a $100,000 local preservation grant from the Minnesota Historical Society to complete the restoration of the barn. The restoration improvements, which include a fire sprinkler and alarm system, were needed before the barn could be used for public functions. The MAHS would like to create a sustainable cash flow to ensure that the farm expenses and other society projects are covered through their fund-raising activities, and not dependent on city funding. As such, once the barn restoration is complete next year, the society would like to rent out the facility for large events (such as weddings) in addition to hosting their own small and large events (such as Johnny Appleseed Days). Refer to the MAHS sustainable concept memorandum attached (Attachment 1). BACKGROUND February 8, 1999, the city council approved the relocation of the Bruentrup farm buildings to the Prairie Farm Preserve. June 14, 1999, the city council approved a CUP for a ?public facility? to be located within the Prairie Farm Preserve and a parking waiver for the reduction in the required number of parking spaces for such a use. December 13, 1999, the city council approved a 99-year lease agreement which allows the MAHS to lease the land and buildings for interpretive, educational, and fund-raising purposes. July 8, 2002, the city council approved a CUP revision to allow the construction of a parking lot on the west side of the site. Packet Page Number Page 5 of 33 DISCUSSION Conditional Use Permit Amendment As stated in the MAHS sustainability concept memorandum, the society would like to create a revenue flow by renting out the barn for weddings and other large events once the restoration is complete. With the appropriate rental agreements and insurance the society feels that they could feasibly rent out the barn for large events once a month throughout the spring, summer, and fall season (five to six times a year), in addition to using the farm house and barn for other society events throughout the year. The rental of the barn and site for weddings and other large events was not discussed during the city council?s original approval of the Bruentrup Farm CUP (Attachment 2). As such, prior to the society hosting such events, the city council would have to approve an amendment to the CUP. The amendment, which would be brought to the planning commission as a public hearing for review and recommendation to the city council, would address the following issues associated with such a use: 1.Parking: The parking lot to the west of the site was approved as an amendment to the Bruentrup Farm CUP and includes 35 parking spaces (Attachment 3). The parking lot was funded and constructed by the city for the society?s use and is also intended for use by visitors of the city?s Prairie Farm Neighborhood Preserve. Once the barn is restored it could hold a maximum of 144 people per floor, for a total of 288 people. According to Dave Fisher, building official, this number could change based on the type of use proposed for the lower floor. Therefore, Mr. Fisher estimates that the maximum capacity for the barn would be 165 people. The city?s parking code does not specifically address parking requirements for a ?public facility? or for a facility that is rented for events. As such, the city should use the maximum occupancy of the barn as an indicator of the amount of parking needed for large events, if approved. The city used a similar calculation to determine the Myth?s parking needs, which is a nightclub and rental facility. The calculation is based on an estimate of four people arriving in one vehicle for the large event, times the maximum occupancy of the barn. With this calculation, the rental of the barn at its maximum capacity would require 42 parking spaces (maximum occupancy [165] divided by number of people in a car [4] = number of parking spaces required [42]). In addition to the 35 parking spaces in the parking lot to the west of the farm, the society states that they could accommodate up to 10 additional vehicles in the driveway around the barn. The society has discussed leasing parking spaces from Harbor Pointe and New Horizon Child Care, located one block to the west of the farm. Both businesses were favorable to such a lease. If the city council approved an amendment to the CUP to allow the rental of the barn for large events, the parking issues would need to be resolved and added as a condition of approval. 2.Liquor License: The MAHS states that they have no desire to serve alcohol at their events at this time. However, if they were to rent the barn for weddings the MAHS would like to allow the renter to serve liquor with the appropriate license. Karen Guilfoile, city clerk, states that the city could issue a temporary liquor license to the renter in order to 2 Packet Page Number Page 6 of 33 serve intoxicating liquor on the site for the one-time event. This license would require that the renter of the barn hire an off-duty police officer when the intoxicating liquor is served. Ms. Guilfoile also states that the city could consider an annual license that would cover all events at a pre-determined fee approved by the city council. Currently MAHS has an annual food establishment license that the city does not charge them for, which could be incorporated in the consideration. 3.Liability Insurance for Rental of the Site: The city and the society are working with Ann Stanton of Arthur Gallagher Risk Management Services, the League of Minnesota Cities? insurance carrier, to gain advice on liability insurance coverage for the use of the barn and site by the society and by outside groups. Ms. Stanton indicates that there is a liability insurance product called a TULIP which would provide coverage for the society and the city for the rental of the barn by outside events. The policy is easily set up and each renter would pay prior to the event. 4. Rental Agreement: Prior to renting out the barn or site, the society and the city should ensure that the language proposed in a rental agreement is appropriate. The rental agreement, which could be a condition of the CUP amendment, could dictate hours of use, maximum number of people, location of parking, etc. Lease All of the structures relocated to the site were deeded to the city through a bill of sale from the MAHS prior to relocation. In addition, the Bruentrup Heritage Farm is located on approximately 2 acres of the city?s open space property. For this reason the city council approved a 99-year lease with MAHS on December 13, 1999, for the society?s use of the Bruentrup Farm site and structures (Attachment 4). Once approved by the city, the society held several meetings and continued correspondence with the city attorney and assistant city manager to address concerns they had with the lease. The last correspondence in the city?s records is dated July 26, 2000, and is from the city attorney inquiring if the society had additional changes to the lease, and if not, when the society would submit a signed copy of the lease. After this date the assistant city manager left the city for employment elsewhere, and with this disruption in staffing it appears that the society?s outstanding lease issues were never resolved and the lease was never signed by the society. The discovery of this information has prompted the society to form a lease committee to review the 1999 lease. The committee will be reviewing the society?s previous concerns and ensuring the lease language addresses the use of the site at this time, which may include additional provisions for large events. Recommendations from the committee should be presented to city staff in the near future. The amended lease will be brought to the city council for approval during the proposed CUP amendment in the next few months. Property Insurance All of the structures on the site are covered under the city?s umbrella insurance policy. Since the relocation of the farm buildings to the site, the society has constructed a new garage (Welcome Center) and is currently making improvements to the barn. The society should deed the new garage to the city, and the city should ensure that appropriate property insurance coverage is in place for the structures as they exist today (with the improvements). Ms. Stanton is reviewing this information and will propose the appropriate coverage to city staff in the near 3 Packet Page Number Page 7 of 33 future. In addition to insurance for the structures, Ms. Stanton suggests that the MAHS obtain insurance for the contents of the structures. MAHS is compiling a list of contents for this purpose. City Staff Support City staff currently plows the parking lot and farm driveway and assists in set up and clean up of large society events. The city will continue to support the society for their events, however, will not assist in any outside rental of the site. The city has also given administrative assistance for society/city business such as insurance coverage, communication liaison, etc. Initially the assistant city manager acted as a staff liaison in this capacity, which was then taken on by the parks director. Since the park director left in 2007, the city has not had one appointed staff liaison with the society and communication between the two groups has suffered. As such, the city will now appoint one staff member to act in this capacity. Currently that staff member is the author of this report, Shann Finwall, environmental planner. City Use of Bruentrup Heritage Farm The Bruentrup Heritage Farm is a great asset to the city and serves an important historical social function to our community. The city has also benefited from the use of the farm for other non-historical events such as movie nights put on by the recreation department and fund raising events put on by the Friends of Maplewood Nature and supported by nature center staff. The city should continue to work with the society to find other ways that the site could be used for city functions. RECOMMENDATION Review the background material and offer feedback on the following: 1. CUP Amendment for Large Events 2. Lease Agreement 3. Property Insurance 4. City Staff Support 5. City Use of Bruentrup Heritage Farm P:\sec2N\Bruentrup\12-1-08 CC Workshop Attachments: 1. Maplewood Area Historical Society Financial Sustainability Memorandum 2. Conditional Use Permit for a Public Facility (1999 City Council Minutes and Approved Site Plan) 3. Conditional Use Permit Amendment for a Parking Lot (2002 City Council Minutes and Approved Site Plan) 4. 1999 City Council Minutes Approving Lease Agreement 5. Draft Lease Agreement 4 Packet Page Number Page 8 of 33 Attachment 1 November 25, 2008 TO: Shann Finwall, Environmental Planner City of Maplewood FR: Sandra Dicke, Chair, Grant Task Force Maplewood Area Historical Society (MAHS) Maplewood, MN Sustainability RE: Financial Concept for the Bruentrup Heritage Farm by the Lessee, MAHS. The Maplewood Area Historical Society is currently working with Shann Finwall and others at the City of Maplewood to complete the proposed lease agreement between the Lessor, City of Maplewood, and the Lessee, MAHS. This proposed 99-year lease agreement between the City an MAHS stalled around 2000 with some dangling issues to be completed. We are now very close to agreement on many of these issues. The MAHS and the City are now working hard to bring this lease agreement up to date and complete the transaction. MAHS appreciates the work that Dave Fisher, Shann Finwall and others have been doing to complete the final phase of this process. The MAHS has put hours and hours and hours of volunteer help into upgrading the property to meet City building codes and Minnesota Historical Society grant guidelines to produce a product sustainability that will have financial , our major goal! MAHS has also procured many donated sustainability funds and grant money to bring the property up to code to assure financial ! The major hurdle was to upgrade the barn fully to allow for events and fundraisers. The barn had to have a sprinkler system and many other code changes (ADA, etc) before these events could take place. With the new changes to the barn including a restroom wing and the new Visitor?s Center with a large restroom facility on the property, MAHS is now able to hold events sustainability to raise money for of the Bruentrup Heritage Farm as the Lessee of the facility. We plan to hold 6 to 8 MAHS events at the facility per year in addition to our monthly meetings at the farmhouse and we also plan on 6 to 8 large rental events to make money for the sustainability of the facility. The latter events will be regulated by the Event Rental Contract that will also be updated by MAHS with input from the City. We feel the Bruentrup Heritage Farm is and will be a jewel for MAHS and the City of Maplewood for many years to come. We look forward to working with the City to finalize the lease and assure the sustainability of this historic parcel for the citizens of Maplewood. 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