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1990-04-17 CouncilCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA April 17, 1990 - 7:30 P.M. 1. Call to Order. 2. Roll Call. 3. Agenda Adoption. 4. Approval of April 3rd Minutes. 5. Consent Calendar a. Acknowledgment of March 27th Planning Commission Minutes. b. Acknowledgment of Treasurer's Report for March. c. Acknowledgment of Fire Department Report for March. d. Approval of the List of Claims. * e. Authorization to refund escrows - (Completion of house moving procedures). ** Approval of Final Payment for Well Abandonment Procedures. Consent Calendar 6. Proclamation a. Proclamation Acknowledging a Tree Donation by the Mendota Heights Garden Club. 7. Public Comments 10- 8. P 8. HEARINGS: a Case No. 89-34: MIST Corporation - Amendment to zoning Ordinance and CUP - 8:00 b. Case No. 90-05: Foto Mark, Inc., Continued Hearing 8:15 - RESOLUTION NO. 90-22 9. Unfinished and New Business: a. Bridgeview Feasibility Study - RESOLUTION NO. 90-23 b. Architect for Sibley Site Comfort Station. c. Sibley Park - Preliminary Sketch Plans Order Preparation of Final Plans and Specifications d. Victoria Townhomes - Amendment of Final Development Plans Regarding Four Season Porches. e. Furlong Neighborhood Updates. 11. Adjourn' M CITY OF MENDOTA HEIGHTS MEMO April 17, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Add On Agenda for April 17, 1990 Two items are recommended to be added to the consent calendar (**). 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on pink paper. 5e. Authorization to refund escrows - (Completion of house moving procedures) See attached memo. 5f. Approval of Final Payment for Well Abandonment Procedures See attached memo. MTL:kkb Page No. 2764 April 3, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 3, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Anderson, Blesener, and Hartmann. Councilmember Cummins had notified the Council that he would be late. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Councilmember Hartmann moved adoption of the revised agenda for the meeting as amended to move the Sibley Park Agreement consideration to section 8 of the agenda. Councilmember Anderson seconded the motion. Councilmember Hartmann moved approval of the minutes of the regular meeting with correction. Councilmember Blesener seconded the motion. CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the February 29th Planning Commission meeting. b. Acknowledgment of the code enforcement monthly report for March. c. Approval of a wetlands permit for Heaver Design and Construction (McManus, Case No. 90-07), to allow construction of a residence on Lots 1, 2, 15, and 16, Block 2, T.T. Smith's Subdivision No. 3, conditioned upon grading being completed as shown on the submitted grading plan. d. Approval of a wetlands permit for Heaver Design and Construction (Case No. 90-08) Ayes: 4 Nays: 0 Page No. 2765 April 3, 1990 to allow construction of a residence at 685 Brookside Lane, Lot 4, Block 2, Ivy Falls Creek Addition on the condition that no fill be allowed north of the existing 864 foot elevation as shown on the grading plan. e. Approval of the hiring of Shawn Sanders as a temporary full-time engineer at a starting pay rate of $10.00 per hour. f. Adoption of Resolution No. 90-15, "RESOLUTION APPROVING LIMITED USE PERMIT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MENDOTA HEIGHTS FOR A PEDESTRIAN WALKWAY," the walkway to be adjacent to T.H. 110 between Dodd Road and Crown Point and adjacent to Dodd Road between T.H. 110 and the Mendota Heights Standard. g. Adoption of Resolution No. 90-16, "RESOLUTION REQUESTING A VARIANCE TO THE M.S.A. STANDARDS FOR MARIE AVENUE (T.H. 149, DODD ROAD TO DELAWARE AVENUE) M.S.A. PROJECT NO. 140-101-01 (IMPROVEMENT NO. 89, PROJECT NO. 6B)." h. Approval of the list of contractor licenses dated April 3, 1990 and attached hereto. i. Approval of the list of claims dated April 3, 1990 and totaling $162,147.29. j. Approval of the permanent appointment of Patrol Officer David Olson. k. Adoption of Resolution No. 90-17, "RESOLUTION APPROVING FINAL PLAT FOR BIRCH ADDITION." Councilmember Anderson seconded the motion. Councilmember Cummins arrived at 7:40 P.M. VOLUNTEER WEEK Councilmember Hartmann moved that the week April 22nd be proclaimed Minnesota Volunteer Week. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Page No. 2766 April 3, 1990 SIBLEY PARK Councilmember Blesener reviewed the background AGREEMENT of the proposed Sibley Park agreement for the Council and audience. She informed Council that the agreement was unanimously approved on April 2nd by the District 197 School Board and also informed Council that several people were present to discuss the matter. Park Commission Chair John Huber stated that the Commission supports the agreement and feels that it is fiscally prudent and that the risk to the City is minimized as much as possible in the agreement. He informed Council that not all playfield development funds are being used. He also stated that the Sibley Park is part of the overall City plan for ballfields. Mr. Dick Spicer, member of the Park Commission and the Mend Eagan Athletic Association, and also a member of the agreement's negotiating committee, also was present to support the agreement. He stated that the parties to the agreement must have trust. He pointed out that there are many joint agreements in the metro area. He also stated that one of the representations made to the residents in the City's referendum brochure was that an athletic facility would be constructed in conjunction with Sibley High School. Patrice Bataglia, School Board member, stated that she is extremely proud to be a Mendota Heights resident and proud that the city is willing to be a leader in shared city/school district facilities. She felt that there is a definite need for the facility. School Board member Bob Doffing stated that he feels the agreement is good and that it is fair to all parties. He further stated that the School Board is enthused about the facility. Councilmember Anderson stated that the city is bringing a great deal of improvement to the land and that he is concerned over potential risk to the city over the large capital investment in the near future. He expressed concern that whenever there is a budget shortfall, it seems that sports is the first activity considered for cutting. He felt that the type of facility being proposed would be an easy mark for budget cutting. He pointed Page No. 2767 April 3, 1990 out the City Attorney's concerns over insurance and liability risk. He stated that the city would be assigning the facility maintenance responsibility to the District and yet the City may be open to liability. He was also concerned over the priority of scheduling - from 7:00 A.M. to 6:00 P.M. every week day for ten months of the year the School District has the fields scheduled, along with four hours on Saturday during those months. He stated that the City, with a very small budget, is bringing a great deal to the arrangement and there is no provision as to how the City would regain its capitol investment if the agreement falls apart. Mayor Mertensotto stated that the School District has agreed that it will provide liability insurance and that the City will be a "named insured", so it does not appear that the City would have any liability. Responding to the City Attorney's concern over dispute resolution, Mayor Mertensotto stated that he does not think an agreement could be written that would cover every potential issue. He further stated that he would like to see both parties act in good faith and allow some room for interpretation of the agreement in the future if need be. Responding to Councilmember Anderson's concerns, Mr. Doffing stated that it is true that in the past when budget crunches occurred, cuts in funding for athletics were threatened because the district must first provide good education. He stated that the district is required by the state to have a physical education program, and that the budget for coaches is included in the general fund, and other costs are supported by an operations fund. He informed Council that no cuts are ever made except in the general fund. Councilmember Cummins stated that he shares Councilmember Anderson's concerns. He felt a good case could be made that the initial City investment is not as well protected as he would like. He felt that the City would be making a good investment if the agreement runs for the full 40 year term. He stated that he would like to see strong language with respect to day to day management issues, including a 6 member committee of citizens being appointed. Page No. 2768 April 3, 1990 He felt that this mechanism, a less official body to deal with day-to-day problems, may prove helpful in the future, and asked if the School District would be agreeable to implementing such an approach if the need someday arises. He felt that the rewards of the proposal outweigh the risks and that it is a good, fair agreement. Councilmember Hartmann stated that he hopes the parties will act in good faith, and that while he has concern that there is a certain amount of risk it should be possible for both parties to benefit. Councilmember Blesener moved to approve the agreement for the joint athletic facility with the School District and authorize its execution by the Mayor and City Clerk. Mayor Mertensotto seconded the motion. Ayes: 5 Nays: 0 DUGGAN EASEMENT Mayor Mertensotto opened the meeting for the VACATION purpose of a public hearing on an application from Ultan Duggan for the vacation of a drainage and utility easement between Lots 6 and 7, Block 3, Copperfield 3rd Addition. Mr. Duggan informed Council that he built his home across the lot line between his two lots and that there is an easement over the interior lot lines. Mayor Mertensotto pointed out that staff has indicated there is no City need for the easement. He asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 90-18, "RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT." Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 CENTEX EASEMENT Mayor Mertensotto opened the meeting for the Page No. 2769 April 3, 1990 VACATION purpose of a public hearing on an application from Centex Homes for the vacation of a drainage and utility easement on Lot 7, Block 2, Kensington P.U.D. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 MCMANUS ALLEY VACATION Mr. Kevin Clark, representing Centex, stated that when the property was surveyed, the surveyor made an error in locating the perimeter of a building and as the result, one of the manor home decks encroaches on the easement. Responding to a Council question, he stated the encroachment is just over a foot in width and less than five feet in length. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Anderson moved adoption of Resolution No. 90-19, "RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT." Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Mr. Tim McManus for the vacation of an alley between Lots 1-6 and 11-16, Block 2 of T.T. Smith's Subdivision No. 3. Mr. McManus informed Council that as a condition of approval, staff has asked that he grant an easement to the City for a bike trail across a portion of Lot 1. He asked for clarification of the issue that consideration for granting the easement is $1.00 and four trees to be placed in an area of his choosing. Public Works Director Danielson responded that staff recommends providing four trees out of the tree planting program. He also stated that he understood that the trees would be planted along the trail. Councilmember Blesener expressed concern that the city might be setting a precedent. Mr. McManus responded that he is giving up a certain amount of privacy of his property for the trail to the benefit of the community. He Page No. 2770 April 3, 1990 further informed Council that when Brookside Lane was being constructed there was a large amount of debris to be removed and he allowed the City to use his property, thereby saving the City money. He stated that when the street area was graded some of his trees were knocked down. Responding to atquestion from Mayor Mertensotto, Mr. Danielson stated that residents pay $50 per tree for trees made available through the boulevard tree planting program. Councilmember Blesener pointed out that Mr. McManus is talking about property damage to his property because of the improvement project and not because of the trail. Mayor Mertensotto informed Mr. McManus that if he feels his property was damaged because of the improvement project, the City could compensate him in amount equal to the cost of the trees. Mr. McManus responded that he wants his yard restored to its original condition. Councilmember Blesener stated that while she could see giving Mr. McManus some priority in the,tree planting program, she feels the Council would be setting a precedent if it gave him trees in return for the easement. Mayor Mertensotto pointed out that staff has recommended approval of the vacation conditioned upon Mr. & Mrs. McManus dedicating the trail easement. He suggested that Mr. McManus file a claim for damages and the Council will work something out with respect to the trees. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 90-20, "RESOLUTION APPROVING VACATION OF A STREET RIGHT-OF-WAY," on the condition that the document not be executed by Page No. 2771 April 3, 1990 City officials until the applicant submits a signed trail easement to the city. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 HEARING - DODGE NATURE Council acknowledged a letter from the Dodge CENTER Nature Center requesting that the continued hearing scheduled on its application for conditional use permit be continued. Councilmember on the Dodge conditional u development b 1st. Councilmember Ayes: 5 Nays: 0 Blesener moved that the hearing Nature Center's application for se permit for a planned unit e continued to 7:45 P.M. on May Cummins seconded the motion. CASE NO. 89-40, FRYE Mr. Richard Frye was present to request approval of his application for critical area variance to allow construction of a swimming pool addition to his house located at 1845 Hunter Lane. Mr. Eric Miller, legal counsel for the Fryes was also present. Mr. Frye stated that he has contacted their neighbors to the south, Mr. & Mrs. Paul Katz, and have reached a mutual agreement. He informed Council that the conditions on exterior construction materials and a restriction against planting of trees in the 20 foot bluff as requested by the Katz's but do not agree with their suggested change in roof pitch. Public Works Director Danielson informed Council that Mr. & Mrs. Katz had requested that a condition be placed on the variance that the roof pitch be changed from a slope of 3:12 to 4:12, but that this condition is not recommended by staff. With respect to the Planning Commission condition over fill placement, Mr. Frye informed Council that no fill will be placed in the setback region by the bluff. Mr. Miller informed Council that he has prepared a proposed motion which speaks to the three issues. He stated that the Planning Commission recommendation on the trees was vague and that his proposed motion puts more Page No. 2772 April 3, 1990 definition on what it means. It is exactly 20 feet from the bluffline to the house, and the applicants do not wish to have an argument that if one of the mature trees dies he could replace it. Mayor Mertensotto pointed out that it appears that the intent of the condition is to not block the view. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Anderson moved that the hearing be closed. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved to grant a 22 foot variance to the critical area bluffline setback requirement subject to the following conditions: that the exterior construction material of the proposed addition matches the existing house; that no fill be placed in the setback region by the bluff; and that no new trees or shrubs be planted that would block the view along the bluffline for the neighbors, which condition will not limit (a) the replacement of any dead, diseased or insect -infested trees, or rotten or damaged trees that present safety hazards, or (b) the planting of new trees or shrubs within six feet of building foundations, provided they are kept less than nine feet in height. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 GARRON FEASIBILITY Mayor Mertensotto opened the meeting for HEARING (IMPROVEMENT the purpose of a public hearing on proposed NO. 84, PROJECT NO. 2) sanitary sewer, watermain, storm sewer and street improvements to serve the Garron property and adjacent areas. Engineer Klayton Eckles briefly reviewed the proposed project for Council and the audience. He informed Council that there will be several parcels of property affected if the project is ordered, including the non -dedicated Acacia Park Cemetery property. Mayor Mertensotto pointed out that there are some timing problems and that he would not be Page No. 2773 April 3, 1990 in favor of the project unless the developer is serious about developing his land. Engineer Eckles responded that the developer has plans to develop the site some time in the next year and that the staff recommendation is to hold off on construction of the project until there is an executed developer's agreement and all concerns have been addressed. The action proposed for this evening is the ordering of the improvements and authorization for preparation of plans and specifications. Mayor Mertensotto asked for questions and comments from the audience. Mr. Robert Knaus, representing Acacia Park Cemetery Association, stated that the position of the Association has been presented to Council in a letter from the Association's legal counsel, Carl W. Cummins - that the cemetery property is exempt from taxes and assessments. He stated that the land proposed to be assessed is not zoned for cemetery plots but is tax exempt and is used for cemetery purposes. City Attorney Hart informed Council that he has spoken to Mr. Cummins and he indicated that he did not believe there would be any objection to a deferred assessment. Mayor Mertensotto stated that Council does not want to infer that just because the Association is saying they are using the land for cemetery purposes they have cemetery zoning for the property, which is not the case. Mr. Hart responded that Mr. Cummins acknowledged that the land in question is not zoned for cemetery purposes but was giving his opinion as to what he thought the Association would agree to. Responding to a question from Council, Mr. Steve Gage, representing Garron, stated that he will advance to the City the costs for preparation of plans and specifications if the feasibility escrow does not cover City costs. Page No. 2774 April 3, 1990 There being no further questions or comments from the audience, Councilmember Hartmann moved that the hearing be closed. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 90-21, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE THE GARRON SITE AND ADJACENT AREAS (IMPROVEMENT NO. 84, PROJECT NO. 2)." Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 CASE NO. 90-05, Mayor Mertensotto opened the meeting for the FOTO MARK purpose of a public hearing on an application from Foto Mark, Inc. for a conditional use permit for mining to remove more than 400 cubic yards of fill. Mayor Mertensotto asked whether the request is for moving more than 400 cubic yards of dirt and also site grading plan approval. Public Works Director Danielson responded that the request is for approval of a grading plan showing the removal of approximately 10,000 cubic yards of dirt. Mike Meagher, representing Foto Mark, stated that most of the material is black dirt and that his firm has not made arrangements on what to do with the dirt as yet. The Council suggested that Mr. Meagher consider the City as a priority for receiving black dirt for use in park construction. Councilmember Blesener asked whether special provisions need to be made for clean-up after grading. Mayor Mertensotto suggested that approval of the request be conditioned upon the applicant entering into a memo of agreement with the City outlining the City's requirements, including clean-up. Mr. Meagher stated that his firm wishes to remove the dirt so that it can construct an addition on the existing building sometime this year. He further stated that people will Page No. 2775 April 3, 1990 be invited to come and take fill so that his firm does not have to bear the cost to remove it. Public Works Director Danielson was directed to prepare a memo of agreement for review by Council at the April 17th meeting. Councilmember Hartmann moved to continue the hearing on the Foto Mark application for conditional use permit to April 17th. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 CENTEX A memo from Administrative Assistant Batchelder informing Council that the Centex public hearing scheduled for this evening anticipated a Planning Commission recommendation from their March meeting was acknowledged. The Commission continued their hearing until April, therefore the Centex hearing scheduled on this evening's agenda was recommended to be continued to May 1st. Councilmember Cummins moved that the Centex hearing for rezoning, conditional use permit for planned unit development, and wetlands and preliminary plat consideration be continued to May 1st. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 ACQUIRED PROPERTY Council acknowledged and approved a recommendation from Engineer Eckles to deny a request from John Winzig for salvage and clean-up rights for 2161 Highway 55. FIRE DEPARTMENT Council acknowledged a brief memo from Fire Chief Maczko regarding the Fire Department's plan to use two City owned houses on Highway 55 for training exercises. Mayor Mertensotto stated that Council should have more information relative to the Fire Department plans for house burning and such activity should have prior Council approval. Councilmember Blesener agreed, pointing out that before the last similar activity occurred, property owners in the area were notified and Council placed restrictions on the activity. Page No. 2776 April 3, 1990 Administrator Lawell responded that additional information will be provided to Council before the proposed exercise occurs. JANITORIAL SERVICES Council acknowledged a memo from Administrator Lawell regarding janitorial services for the fire station and public works garage. Mayor Mertensotto recommended that the City Hall janitorial service not be diluted by . shifting hours to the other facilities. He felt that the fire department and public works department should jointly or individually Bet a part-time janitorial person rather than having City Hall maintenance person Lambert Derks travel between facilities and try to keep all of them maintained. After further discussion, it was the consensus that the City advertise for a part-time person to do building maintenance for the fire and public works buildings. WATER MANAGEMENT PLAN Council acknowledged and discussed a memo from Public Works Director Danielson regarding preparation of the Local Water Resources Management Plan. He informed Council that although it was originally intended that the Dakota County Soil and Water Conservation District prepare the plan, because of reduced staffing at the SWCD, he recommends that preparation of the plan be awarded to the next lowest bidder, BARR Engineering. He informed Council that BARR has completed a number of projects in and around the City, including the Inver Grove Heights plan. Councilmember Hartmann moved that staff be directed to prepare an agreement with BARR Engineering for completion of a Water Resources Management Plan for a price not to exceed $39,000, that the agreement with the SWCD be cancelled and staff be directed to so notify the SWCD. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 TRAIL PLANS Council acknowledged and discussed the proposed plans and specifications for trail construction. Councilmember Blesener asked that staff explore the possibility of constructing a Page No. 2777 April 3, 1990 trail connection from the end of Aztec to the proposed Friendly Hills trail. Councilmember Blesener moved approval of the plans and specifications for trail construction and authorization for advertisement for bids to be received on May 4th. Councilmember Cummins seconded the motion. Ayes: 4 Nays: .0 AIR NOISE Council acknowledged memos from Administrator Lawell regarding appointments to the MAC blue ribbon task force on aircraft noise. Ayes: 5 Nays: 0 Councilmember Cummins moved that Mayor Mertensotto and Administrator Lawell be appointed to the MAC task force and that Joe Maegher and Administrative Assistant Batchelder be appointed as alternates. Councilmember Hartmann seconded the motion. Council acknowledged a draft of a letter to Jeff Hamiel, MAC Executive Director. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:23 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL APRIL 3, 1990 General Contractors Licenses Aren & Sons Countryside Pools, Inc. Daak Construction M.J. Moser Construction Rick Broten Construction Sather Roofing & Alum. Siding Worth Construction, Inc. Heating & Air conditioning Licenses Fredrickson Heating & A/C, Inc. Twin City Plumbing & Heating Gas Piping License Fredrickson Heating & A/C, Inc Excavating Licenses Holst Excavating Jacobsen Excavating LeRoux Excavating, Inc. Concrete Licenses DayCo Concrete Co. Stockness Construction CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA Planning Commission Minutes March 27, 1990 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 27, 1990, in the City Hall Council Chambers, 1101 Victoria Curve. Chairperson Morson called the meeting to order at 7:30 o'clock P.M. The following members were present: Morson, Koll, Dwyer, Dreelan, Krebsbach, Duggan and Tilsen. Also present were Public Works Director Jim*Danielson, Planning Consultant Howard Dahlgren, Administrative Assistant Kevin Batchelder and Parks and Recreation Chairperson John Huber. APPROVAL OF Commissioner Koll moved approval of the MINUTES February 28, 1990 minutes. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 CASE NOS. 90-07 Mr. Keith Heaver, Heaver Design and AND 90-08 - Construction, was present to discuss his HEAVER DESIGN two requests for Wetlands Permits for Lots & CONSTRUCTION 1, 2, 15, 16, Block 2, T.T. Smith's Subdivision No. 3 (McManus) and for Lot 4, Block 2, Ivy Falls Creek Addition. Mr. Heaver presented site plans to the Commission. There was a brief discussion on each application regarding yard elevations and slope locations. CASE NO. 90-07 - Commissioner Koll moved to waive the public MCMANUS hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Koll moved to recommend to the City Council that they approve the wetlands permit for construction of a single family home on Lots 1, 2, 15, 16, Block 2, T.T. Smith's Subdivision No. 3 conditioned upon no fill being imported north of the lot and not beyond the 880' contour as referred to on the submitted drawings. Commissioner Krebsbach seconded the motion. AYES: 7 NAYS: 0 CASE NO. 90-08 LOT 4, BLOCK 2 IVY FALLS CREEK ADDITION AYES: 7 NAYS: 0 AYES: 7 NAYS: 0 March 27, 1990 Page 2 Commissioner Tilsen moved to close the public hearing. Commissioner Dwyer seconded the motion. Commissioner Dwyer moved to recommend to the City Council that they approve the Wetlands Permit for the construction of a single family home on Lot 4, Block 2, Ivy Falls Creek Addition with the condition that no fill will be brought in beyond the existing 864' contour. Commissioner Duggan seconded the motion. CASE NO. 89-40 Chairperson Morson opened the meeting for FRYE - the purpose of a public hearing to discuss CAO VARIANCE a request from Mr. Richard Frye for a HEARING Critical Area Variance to construct an enclosed pool addition. Mr. Richard Frye, 1845 Hunter Lane, stated that the plans have been revised using two previous objections in mind. He stated that the setback on the south side is now twenty feet (201) and the addition now minimizes the obstruction of his neighbors to the south. In response to a question from Chairperson Morson, Mr. Frye stated that the exterior material used for the addition will be the same material used on his home. Commissioner Tilsen expressed some concern with respect to runoff from the pool. He questioned if the runoff will be connected to the sanitary sewer system. Mr. Frye stated that he was unsure if the pool runoff will flow into the sanitary sewer and that he would comply with the City requirements if so needed. He further stated that the spa would be connected to the sanitary sewer system. Chairperson Morson commented that the runoff will actually be on Mr. Frye's property since he owns the land down to Highway 13. Mr. Frye concurred. Commissioner Dwyer questioned whether the neighbors to the south would be able to see the swimming pool. Mr. Frye stated that his neighbors would be able to see the northwest portion of the structure but that it is no longer a direct obstruction. March 27, 1990 Page 3. Mr. Frye commented that they would be losing a sunroom. Chairman Morson commented that they have done a lot to alleviate the problem. Commissioner Duggan stated that he had visited the site and that the obstruction of view is minimal. He stated that by cutting of the angle they have provided the Katz's with the best possible solution. He stated that they are giving up a lot by eliminating the sunroom. Commissioners Duggan and Koll commended the Frye's on their solution. Chairperson Morson then opened the meeting to the public. Mr. Erik Miller, attorney representing the Katz's (neighbors to the south), stated that the Katz's have come up with three conditions that they would like to see the Frye's comply with. 1. Exterior material match the existing home. 2. No planting of trees to block view. 3. Pitch on roof be changed from 3:12 to 4:12. Mr. Miller further stated that the Katz's would like to see the property problem between them and the Frye's resolved. Chairperson Morson questioned whether the change of the roof pitch would be a reasonable condition. Mr. Esch, Architect for the Frye's, stated that they have already lowered the pitch and that if they lower it anymore it would affect the Frye's view. Mr. Mark Hamiel, attorney representing the Frye's stated that the Frye's will be matching the exterior material to the existing house. He stated that the tree condition is unnecessary because they do not want to block the view. He further reiterated what the Architect stated about the change of the roof pitch. He further explained that the Frye's have had no opportunity to review the proposed agreement submitted by the Katz's since it was just submitted to them and that they will find a common ground. He further stated that this problem is not germane to this proposal. Commissioner Krebsbach questioned the height of the pool addition and asked what AYES: 7 NAYS: 0 March 27, 1990 Page 4 it was before. Mr. Esch responded that the - westerly wall is sixteen feet (161) and that it was two stories. Commissioner Duggan moved to close the public hearing. Commissioner Dwyer seconded the motion. Commissioner Duggan moved to recommend to the City Council that they approve the Critical Area Variance of twenty-two feet (221) to the bluffline. Commissioner Koll seconded the motion. Commissioner Tilsen offered a friendly amendment stating that fill should not be placed within twenty-two feet (221) of the bluffline. Mr. Esch responded that the fill will be removed from the site or used elsewhere on the site. Commissioner Koll offered a friendly amendment to the motion stating that the Frye's should maintain their neighbors view as much as possible by not planting trees and that low shrubbery be used. Mr. Frye stated that he will do some planting to make the area appealing. Mr. Jerry Haarman, MIST, was Present to discuss their revised plans with regards to the building and gradin. He stated that they have opened the driveways ninety feet (901). He explained that the building has been raised three feet (31) to the elevation of the street at the entrance. He stated that the grading in the back will be a forty foot (401) drop to MnDOT's holding pond. He stated that these revision will not cause a problem with the indoor soccer arena. He further explained that should the building be used for the office/warehouse use that retaining walls will be built on the east property line and that there would be a thirty foot (301) Commissioner Duggan accepted the friendly amendments. AYES: 7 NAYS: 0 CASE NO. 90-34 - Chairperson Morson called the meeting to MIST - CUP order for the purpose of a public hearing to discuss a request from the MIST Corporation for a CUP for an indoor soccer arena. Mr. Jerry Haarman, MIST, was Present to discuss their revised plans with regards to the building and gradin. He stated that they have opened the driveways ninety feet (901). He explained that the building has been raised three feet (31) to the elevation of the street at the entrance. He stated that the grading in the back will be a forty foot (401) drop to MnDOT's holding pond. He stated that these revision will not cause a problem with the indoor soccer arena. He further explained that should the building be used for the office/warehouse use that retaining walls will be built on the east property line and that there would be a thirty foot (301) March 27, 1990 Page 5. wide road in the rear. Mr. Hagman stated that they have met with MnDOT to try and gain slope easements. He stated that that would be good option to solve the problem in the office/warehouse scenario. He stated that they would continue to pursue this option. Mr. Joseph Buslovich, Architect, explained the new design of the building. He explained that the panels would be 20' x 20' which would break up the building. He explained that the panels would be constructed of a rock face block, scored (smooth) block and glazed in the middle. He further stated the parapet over the office would be a prefinished metal. He explained that a 3 1/2' parapet over the soccer fields will hide mechanical equipment on the roof. Commissioner Krebsbach questioned if there are summer uses will the building be air conditioned. Mr. Haarman stated that they would put air conditioning in if the market demands it. He further stated that if air conditioning was installed that it would be surrounded by metal screening that matches the parapet. Commissioner Koll questioned why there were no private showers for the women. Mr. Hagman stated that shower facilities are rarely used in soccer facilities. He stated that they would look into it. Commissioner Koll stated her concerns about the trash room doors. Commissioner Dreelan stated that she is concerned about the parking by the front doors. She stated that she would like to see the parking eliminated and enhance the drive through. She stated that she is concerned about the children's safety. Mr. Haarman stated that the parking area is for handicap use. Commissioner Dwyer asked if staff is satisfied with the three feet (31) raise in elevation. Public Works Danielson stated that the grading plan has been improved significantly and that he is satisfied with the revised proposal. Commissioner Tilsen stated that he still sees "rip rap" areas that show little aesthetic. He asked if some other ground cover could be used. Mr. Hagman stated that would be no problem. AYES: 7 NAYS: 0 March 27, 1990 Page 6 There was a brief discussion between Commissioner Tilsen and Mr. Hagman regarding their application to MnDOT for an easement to extend grading in the right- of-way. Chairperson Morson then opened the meeting to the public. There was no one in the audience present to discuss this issue. Commissioner Duggan moved to close the public hearing. Commissioner Dwyer seconded the motion. Commissioner Duggan moved to recommend to the City Council that they approve the CUP based upon the following conditions: 1. Page 2, Number 5 of Planner Howard Dahlgren's Report as follows: a. The development will occur in accordance with the design as submitted; b. In the event that there is not adequate parking for the participartory sport use of the structure, then additional parking would be added as required by the City and as indicated on the proof of parking drawing previously submitted; c. There will be no heating or air conditioning units mounted on the roof visible from contiguous public streets; d. In the event that the building is reused for office/warehouse purposes, the alternative fascade design is implemented as submitted by the applicants and that the additional parking proposed in the parking plan submitted is effectuated; and e. Final engineering and landscape plans are subject to staff approval. 2. Expanded dropoff area be developed in front of the building. 3. To construct a three foot (31) retaining wall along the property line so as to maintain an even 3:1 slope from the property line to the back foundation of the building and to continue to work closely with MnDOT to try to acquire some of the property in the back of the building so as to give them more space to accomplish a change in grade if and when this building AYES: 7 NAYS: 0 March 27, 1990 Page 7 is ever reused for office/warehouse purposes. 4. If air conditioning is installed it will be unobtrusive. 5. Security lightings are installed Commissioner Dwyer seconded the motion. The Commissioner further stated that the City Council should refer to the drawings submitted at tonight's meeting and to also refer to the samples of decorative block and green metal. There was a short recess called at 9:05 o'clock P.M. CASE NO. 90-05 Chairman Morson called the meeting back to FOTO MARK, INC. order at 9:16 o'clock P.M. for the purpose CUP FOR MINING of a public hearing to discuss a request from Foto Mark, Inc. for a CUP for Mining. Mr. Michael Meagher, Plant Manager - Foto Mark, Inc. explained that Foto Mark has recently acquired some additional land to the west of their facility located at 2411 Pilot Knob Road. He stated that they are going to grade the area flat because they are proposing to build an addition to their existing facility. Chairperson Morson questioned the retaining walls that are shown along the boundaries on the north and south property lines. He questioned whether they could work with their neighbors in decreasing the slopes.. Mr. Meagher stated that they may raise the elevations to avoid removing that much fill. Chairperson Morson questioned if they have talked to their neighbors. Mr. Al Johnston, Foto Mark, Inc., stated that they have talked to Lloyds Meat Products and that they discussed building their slope so there is a gradual slope to eliminate the walls. Chairperson Morson then opened the meeting to the public. There was no one present to discuss this issue. Commissioner Tilsen moved to recommend to the City Council that they approve a CUP for mining with two conditions: 1. That they eliminate the retaining walls March 27, 1990 ,Page 8 2. That they maintain a maximum of 3:1 slopes. Commissioner Dwyer seconded the motion. AYES: 7 NAYS: 0 CASE NO. 90-03 Chairperson Morson opened the meeting for CENTEX HOMES - the purpose of a public hearing to discuss REZONING, CUP FOR a request from Centex Homes for Rezoning, PUD, PREL. PLAT, CUP for PUD, Preliminary Plat Approval and WETLANDS Wetlands Permit for the second phase of Kensington. Mr. Tom Boyce, President of the Minnesota Division of Centex Homes and Kevin Clark, Project Manger, were present to discuss Centex's request. Mr. Boyce briefly explained the C-5 plan as submitted by Centex Homes. Chairman Morson questioned if their were drawings available showing the free standing garages. Mr. Boyce briefly explained that the garages would be similar to the buildings. He also stated that the landscaping that is shown on the plans will be built and that nothing shown on the plans is for future installation. He also explained that some of the townhomes may have basements. He stated that the market demand for basements will dictate whether or not there will be basements included in the proposed townhomes. Chairman Morson questioned if there will be walkways on the public streets and also questioned the type of material that would be used. Mr. Boyce responded that the sidewalks would probably be concrete. He explained that the City would be installing these walkways. He further commented that the interior walkways would be bituminous. Commissioner Tilsen questioned if there will be underground lawn sprinkling. Mr. Boyce responded that there will be. Commissioner Tilsen questioned who will be plowing the walkways. Mr. Boyce explained that the interior walkways would be plowed by the association. Commissioner Duggan stated that he would like to review the chronology of the southeast area prepared by staff and deduce what has been left out, intentionally or unintentionally or misrepresented. March 27, 1990. .Page 9 Commissioner Krebsbach questioned the layout of the 16 unit buildings. Mr. Boyce stated that the 16 unit building is on the end and that there is room to move buildings.. Commissioner Dwyer had questions regarding the setbacks of the homes, siding, condominium garages and storage. Mr. Boyce explained that they will adhere to the required setbacks as directed by the City. He explained that the siding would be aluminum. He further explained that there would single car garages for the condominiums and that there would ample storage space for the residents. In response to a question from Commissioner Dwyer, Mr. Boyce stated that the City has requirements with regards to stop signs and other necessary traffic signs on Mendota Heights Road and the City controls traffic signage. Commissioner Koll expressed her concerns with regards to the quality of the exterior materials on the dwellings and she also stated her general concerns for detached garages. Commissioner Duggan questioned if Centex Homes will be complying with the air noise attenuation guidelines. Mr. Boyce stated that they will be complying with the City's ordinance. Commissioner Duggan questioned if there is greater noise in this area than originally called for in the ordinance. He questioned if Centex is measuring in decibels. Mr. Clark explained that Centex Homes has been involved with the air noise attenuation process from the start. He stated that they have consulted with MAC and that they have complied with all requirements and guidelines in submitting the plans. In response to a question from Commissioner Duggan regarding the parks that have been dedicated for the numerous additions in the southeast area, Planner Dahlgren explained the park dedication procedure. He stated that 10 percent of land is dedicated when land -is subdivided or there.is an option of money in lieu of land dedication. He stated that an appropriate amount of land has .been dedicated for Copperfield 1st through 4th Additions, Hampshire Addition and Bridgeview Shores. Commissioner Duggan read an excerpt from March 27, 1990 Page 10 minutes of a City Council meeting dated November 3, 1987 that stated at one point the development was 500 units on 105 acres of park, that the City would have to purchase. He further commented that the City is playing fast and lose with the comprehensive plan. Planner Dahlgren further commented that in 1987 Centex Homes presented Plan B to the City. He stated that this plan included 500 units with a park dedication of 43 acres. He stated that this park plan was presented to the citizens of Mendota Heights in a Park Bond referendum in May of 1988. He explained that this referendum failed. He further explained that Centex came back to the City with plan C that showed 563 units with a park dedication of 26 acres. This again was presented to the citizens of Mendota Heights and was then passed. He commented that Centex is trying to provide as much park land as possible. Chairperson Morson stated that he does not like the statement made by Commissioner Duggan regarding the comprehensive plan. He stated that the comprehensive plan was well thought out by the City. He further commented that Centex Homes had complied with the requirements that were set out in the sketch plan approval. Commissioner Duggan stated he was in favor of less units and more park land. Chairperson Morson then opened the meeting to the audience. A resident of Copperfield stated that she is concerned with the possible increase in class room sizes and taxes. Mr. Jerry Duffy, attorney on behalf of the neighborhood, was present to discuss the concerns of the neighborhood. Mr. Duffy stated that they do not oppose a well reasoned, well planned PUD. He stated that the duality of these plans is not in keeping with Mendota Heights standards. He further stated that the plan does not comply with two density designations. Mr. Duffy further submitted a petition against the proposed development, which was signed by area residents, to the Planning Commission. Mr. Duffy further explained the concerns of the neighborhood. He commented on how the natural terrain will be gone and that many March 27, 1990 Page 11 trees will be removed. He also asked for a traffic impact study be completed. He stated that there will be an increase in traffic and that, is a major concern. Mr. Duffy further questioned the park land availability. He asked how much is park and land and how much is pond. He stated that.more land could be used for parks to reduce the density. In response to a question from Mr. Duff, Commission Duggan stated that 18 acres is land, 8 acres is water. He stated that a total of 20 acres is not water. Planner Dahlgren stated that the sketch plan was approved one year ago and the figures were analyzed. He stated that there is far more land being dedicated now than before. Mr. Duffy stated that they are arguing that there is a lot of water dedicated in this park plan and that they are wondering where the people plan on recreating since there is a lot of water. . Mr. Duffy further commented on the parking concerns. He stated that the garages barely make the minimum code requirement. He questioned where the second car will be parked in a two car family. He stated that there are concerns for winter time. He wondered where the snow will be placed. He further stated that the City services would be impacted. He further questioned where the garbage would be placed. Mr. Duffy concluded that the plan is bad and questioned why it took two.years to plan. He further stated again that they are very concerned with the density level and he told the Commission that they have the authority to tell the developer to go back and try again. Jill Nichols, 633 Hampshire, stated that she visited the Devonwood site in Bloomington. She stated that the structures are nice looking. She stated that there seemed to-be a lot of cars and that parking is a problem. Dan Nichols, 633 Hampshire, stated that the vast majority of people impacted moved in after the decisions were made and that they have had no input. He further commented that staff has given inaccurate information. He stated that he would like to see the Commission recommend denying this plan until all issues can be studied. March 27, 1990 Page 12 Ken Brendl, 2274 Copperfield Drive, stated his concerns with regards to traffic, schools and the possible increase in the crime rate. He further commented on the possible tax base increase.. Gary Berq, 2345 Copperfield Drive, stated that he is also concerned with the traffic increase and that he would like to see the density level decreased. He asked the developer to lower the total number of units. Tom Gibon, Hampshire Drive,'stated his concerns with the traffic increase and the dangerous intersections. He further commented that there has been misrepresentation on Centex's part. He asked the Commission to table the issue and have the developer come back with a new plan. Raymond Berghold, 629 Hampshire, stated that he is concerned with traffic in relation to the parks. Jill Smith, 625 Hampshire, commented on the comprehensive plan and that it should be re -thought. Duncan Baird, Mayor of Sunfish Lake, stated that he is very impressed with what the area residents have to say regarding the proposed project. He stated that he too is concerned with the amount of traffic that will occur if this development is approved. He further commented that the streets in Sunfish Lake could not tolerate an increase in traffic. He stated that he is bitterly opposed to this project. Ms. Capistrant, 2466 Park Lane, questioned how many units will be homestead unit that will become rental units (referring to the existing manor homes). She also stated that the aluminum siding is nice for maintenance but wondered how many people would actually live in these units for a long time. Mr. Braun, 647 Pond View, expressed his displeasure as to why Centex did not present these plans to people who were interested in buying homes in the Hampshire Estate addition. Beth Segal, 2568 Hampshire, stated that she has asthmatic children and the increase in traffic would only traumitize her children more. She stated that she has no problem March 27, 1990 Page 13' with the townhomes and manor homes. She questioned why Centex did not tell her about the condominiums. She stated that she would not have moved there had she known about the proposal. She stated her concerns for -drunk drivers coming down Mendota Heights Road and hitting her kids. Glennis Svendsen, 2300'Field Stone, stated that she is concerned with the noise level that increase in traffic would cause. She also expressed her concerns about the concentration of population in the Kensington area. She stated her concerns with kids crossing.the street to get to the parks. Tom Smith, Hampshire Drive, stated that the Planning Commission took on responsibility of guiding land use in the City. He stated that this development has potential for big impact on City. -He further commented that the growth is completely at odds with explicit and implicit goals of the comprehensive plan. He stated his concerns for the tax base and that this development will have negative impacts on the traffic, schools and crime. Don Pacerdnik, Hampshire Estates, stated that he has the worse lot situated to Kensington. He stated that the park ball fields are disturbing and that it is a haven for crime and that he is concerned with the police patrolling this area. Mr. Duffy stated that he has proposed findings of fact to submit to the City. Jeff Ward, Hampshire Estates, stated that property values are clearly not the overriding concern of residents in the area. Joe Sparza, Bridgeview Shores, stated that he is very concerned with the increase in traffic as he has a handicapped child. Chairman Morson stated that the City cannot stop development of the land unless they buy it. He stated that the Commission recognizes the residents concerns. He further explained that the Planning Commission has not had adequate time to review the plans. Commissioner Duggan moved to close the public hearing. Commissioner Krebsbach stated that she would only consider tabling the hearing if March 27, 1990 Page 14 Centex will grant concessions. There was a brief discussion among the Commission members whether to table the hearing or to close the hearing. Commissioner Dwyer stated that the Planning Commission agrees with the neighbors but that the Commission's concerns have fallen on deaf ears in the past on other topics. He stated that the decision is not made by the Commission but by the Council. Mr. Boyce stated that Centex is not adverse at attempting to work out neighbors concerns. Chairperson Morson stated that if we close the public hearing then we are not doing our job in a responsible manner. He stated that if they recommend approval of the project - we haven't seriously -considered all the issues. He further stated that if they recommend denying the project then we are reacting to emotional statements. Planner Dahlgren stated that the Commission can table the manner to further review the plans. He stated that the Council cannot proceed until the Planning Commission has had 60 days to consider. He stated the application was made at the February meeting and that the April meeting would constitute 60 days, at which time the developer could ask for a recommendation to go to Council. Commissioner Dwyer and Duggan stated that they have not seen any improvements in the plans.' Commissioner Dugan stated that by postponing for 30 days it will be 30 days more till the inevitable. Commissioner Koll discussed briefly about meeting with Centex and the neighbors to further discuss the neighborhood's concern with this proposal. Planner Dahlgren commented that they can work further on the plans but in reality, the sketch plan has been approved by Council under the Comprehensive Guide Plan. There was a brief discussion regarding the developer meeting with the neighborhood to discuss their concerns. Commissioner Duggan -'s motion to close the public hearing failed due to lack of second. March 27, 1990 Page 15 Commissioner Koll moved to table the hearing to April 24, 1990 at 8:00 o'clock P.M. with the direction to Centex to organize a meeting with the neighborhood to discuss their concerns: Commissioner Dreelan seconded the motion.. AYES: 5 NAYS: 2, Duggan Krebsbach Commissioner Krebsbach informed the Commission that she would not be attending the April 24th meeting and that -is why she voted against tabling the matter. ADJOURNMENT Commissioner Koll moved to adjourn the meeting at 12:15 o'clock A.M. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 Respectfully submitted, Kimberlee K. Blaeser Senior Secretary CITY OF MENDOTA HEIGHTS TREASURER'S REPORT, MARCH, 199 0 BALANCE COLLATERAL DAKOTA COUNTY STATE BANK Checking Account 5% $ <1,623.23> Savings Account 5 1/2 497.67 C.D. Rep 6.6% 1751000.00 173,874.44 Collateral - Bonds 646,000.00 Gov't Guar. 100,000.00 CHEROKEE STATE BANK C.D. due 9/4/90 350,000.00 @ 7.95% Savings Cert. 8/28/90 13,952.59 @ 7.5% 363,952.59 Collateral - Bonds 600,000.00 Gov't Guar. 100,000.00 $746,000.00 $700,000.00 Value 3/30/90 (est.) U.S. Treasury Money Mkt 2,450,000.00 (2,777,000.00) Gov't, Securities Fund• 1,200,000.00 (1,730,000.00) TOTAL FUNDS AVAILABLE: $4,187,827.03 Funds Available 12/31/89 6,026,184.56 3/30/89 4,165,734.00 Rates, Money Market March 28 Bank 6.6% Fid 7.93% LES:kkb 4-5-90 1 MENDOTA HEIGHTS FIRE DEPARTMENT MARCH 1989 MONTHLY REPORT FIRE CALLS NO. 90035- 90050 NUMBER OF CALLS: 16 FIRE ALARMS DISPATCHED: NUMBER ACTUAL FIRES 3 Structure - MH Commercial 5 Structure - MH Residential 4 Structure - Contract Areas 1 Vehicle - MH 3 Vehicle - Contract Areas 200.5 Grass/Brush/No Value MH 2 Grass/Brush/No Value Contract MEDICAL Assist 3 Extrication 1 HAZARDOUS SITUATION Spills/Leaks Arcing/Shorting Chemical Power Llne Down 2 FALSE ALARM Residential Malfunction 1 Commercial Malfunction 1 Unintentional - Commercial Unintentional - Residential Criminal GOOD INTENT �. .Smoke Scare 1 Steam Mistaken for Smoke Other 2 MUTUAL AID TOTAL CALLS 16 LOCATION OF FIRE ALARMS: TO..DATE MENDOTA HEIGHTS MENDOTA SUNFISH LAKE LILYDALE OTHER TOTAL WORK FIRE CALLS MEETINGS DRILLS WEEKLY CLEAN-UP SPECIAL ACTIVITY ADMINISTATIVE FIRE MARSHAL TOTALS 14 37 '59 3 1 5 1 4 12 1 16 50 HOURSTO DATE 319 949 '59 176 66 199 93 211 12 38 138 450 60 200.5 747 2223.5 RE CONTENTS MISC. TOTALS TO DA $0 $0 $0 $1,400 $1,400 $2,000 TOTAL MONTHLY FIRE LOSSES $0 $0 $1,400 FIRE LOSS TOTALS MENDOTA HEIGH' ALL FIRES, ALL AREAS (MONTH) $1,400 $3,400 MEND. HTS. ONLY STRUCT/CONTENTS $0 MEND. HTS. ONLY MISCELLANEOUS $1,400 MEND. HTS. TOTAL LOSS TO DATE $1,400 BILLING FOR SERVICES AGENCY THIS MONTH TO DATE MN/DOT $0 MILW. RR $0 CNR RR $0 OTHERS: $0 LAST YEAR TOTALS: $0 $0 32 0 FIRE MARSHAL'S TIME FOR MONTH 3 INSPECTIONS 0 INVESTIGATIONS 36 LAST YEAR 603.5 162 210 186 135 382 187.5 RE -INSPECTION MEETINGS ADMINISTRATION SPECIAL PRQIECTS TOTAL 12.5 4 9 25.5 9 — 60 REMARKS: SEE OTHER SIDE FOR SYNOPSIS FIRE DEPARTMENT MONTHY WORK PERFORMANCE FOR MARCH 1990 - ;,Z CALLS FOR MONTH FIRE FIRE FIRE PERCENT CLEAN MONTHLY GEN OFFICER RESCUE ROOKIE SPECIAL 16 CALLS CALL CALLS ATTENDED UP DRILL MTG MTG DRILL DRILL ACT. YEAR TO DATE ATT'D HOURS ATT'D THIS 3 2 2 2 2 ADM 50 IMONTH MONTH YEAR YEAR HOURS HOURS HRS. HOURS I HOURS HOURS HOURS HRS CHIEF John Maczko 8 10.5 19 38% 6 2 2 3 97 ASST. Bill Lerbs 3 5.5 16 32% 9 2 3 1 41 CAPT. Keith Stein 9 10.5 31 62% 4 2 3 Paul Dreelan 1 8 10.5 22 1 44% 3 2 2 Mike Coonan 10 13 26 52% 4 2 Gordy Skierven 9 11.5 26 52% 3 2 2 Ed Adrian 8 10.5 31 62% 3 2 2 Jim Perron 11 13.5 19 38% 3 2 Mike Marscullio 5 7.5 10 20% 3 2 2 Tom Shields 7 9.5 21 42% 3 4 2 1 CAPT. R. McNamara 7 8.5 20 40% 6 4 2 3 Bill Chisler 8 10.5 20 40% 4 2 Marc Connolly 7 7.5 14 28% 3 Jamie Lerbs 7 9.5 24 48% 3 Dick Zwirn 1 10 12.5 28 56% 3 2 2 George Lowe 8 10.5 25 50% 3 4 2 3 Mike Johns 10 10 37 74% 3 2 2 0 0% CAPT. Jeff Stenhaug 6 6 22 44% 9 6 3 Leroy Noack 9 11.5 32 64% 1 9 2 1 4 Lambert Derks 8 8 28 56% 2 2 George Noack Jr. 1 9 9 22 44% 3 Tom Olund 4 4 13 26% 6 2 2 Mike Maczko 13 15.5 33 66% 9 2 2 2 Aaron Coates 12 14.5 33 66% 3 2 1 0 0% 0 0% CAPT. John Neska 13 15.5 41 82% 3 2 2 3 Tom Weinzettel 3 3 11 22% 4 Ted Husnik 7 9.5 21 42% 3 2 2 John Lapakko 1 11 13 34 68% 1 3 Jim Kilburq 8 8.5 24 48% 2 2 Pat Knight 8 10.5 16 32% 6 2 Kevin Perron 6 8.5 13 26% 6 2 2 Tim Oster 8 10.5 20 40% 3 2 2 TOTAL FOR MONTH 319 TOTALATTENDED 34 33 22 5 0 0 5 TOTAL FOR YEAR 951 TOTAL MAN HOURS 102 66 44 15 0 0 8 THIS MONTH LAST MONTH LAST YEAR AVE. RUNS/MAN 8.13 XXXX)U(XXXX XXX)WUUCX AVE. MEN/RUN 16.25 14.38 17.47 AVE % FOR YEAR 47.00 45.22 47.47 SYNOPSIS The Department responded to 16 calls during the month of March. Only two of which resulted in any property damage, both of these losses were to vehicles. The first occurred on March 1st, at 1052 Chippewa, estimated dollar loss was $1,000. The second occurred on March 9th at 1314 Furlong Avenue with and estimated dollar loss of $400. Due to the extremely dry condi- tions the Fire Department also responded to its first two grass fires of the season, on March 2nd and 25th. The March 25th call was along the railroad right-of-way in the river bottoms along Highway 13 and consumed about 7 acres of property. MONTHLY ``RAINING During March the department implemented its first month of the new training program. The two hour monthly clean-ups were upgraded to three hour sessions. Two hours were individual squad training on self-contained breathing apparatus. This training is required by OSHA, to be done quarterly, for any interior fire- fighters. The remaining hour is spent working on equipment in the apparatus room to make sure that it is inspected periodically and in operating condition. The monthly drill was spent with Eco -Lab personnel touring and pre -planning the buildings at 820 and 840 Sibley Memorial Highway. This was a very informative drill and gave the fire- fighters the opportunity to tour the complex prior to having to respond in an emergency situations. April 17, 1990 TO: Mayor and City Council CLAIMS LIST SUMMARY: Total Claims Significant Claims Arneson Fuel Med Centers Northern State Power Unusual Claims Barton Aschmann Bd Water Commissioners Crawford Door Davies Water Eq Grossman Chev Herman Miller Minnesota Toro' Rehrig & Pacific $121;558.65 3,728.00 gas 7,675.25 Health insurance 4,540.51 Monthly bills 12,287.23 Park.ref exp 1,971.85 Imp projects 1,352.50 repairs 3,020.64 clean sewer 14,400.00 Park dept pickup 3,756.86 1989 Furniture purch 48,415.65 New mower 5,150.00 recycle bins 55.n`i CR 55 555:� 5 5551: t• 5 w ti ru 5 µ 5 :; b W ko W Li N - Ll N V. i•.. Hi L.4 LJ :.+ N r.) b i.+ :. n 1, Ip In a, 9i y y Z p.• �, y pl y I t i n t• •c t• •r t• r •� t• .r.• t..�. �..� .�. La •�. � t• t• n r•) tl) r•) W 1 3 W W W W Cs W :.t W CJ ry :1 I;) ,'"0 c n; r4 r•) W W C.! W W' 3 W W 'd w W 5 y L ,., Zt 555 55555 355 X55 I!? 1! f) :i1 55 cr 6 5 5 p p C C C t. •1, t .t..i. •p 5 11 6 5 5 w u7 o -0 to 0 t• Or W I -o '1 ) -4 r.) 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(D F L tpy� (n Q b N. d It �' b � � O O � N W 0 <+ (a� U I v �. ] t UU V 14 .�, 3) / LJ •. 3 1. �.• m I U U 7 �� ID a, .• t YI U I 0 5 1 5 LA .- to w x ct ry � ru tri m :� .Ij• LU N. 1'. . ` �I Its a D it D iiti f 1 to i3 - - �' i] 1'•1 ,Z ,.�% Irk ? • )I n r% { to LV )v i Ll MEMO CITY OF MENDOTA HEIGHTS A April 17, 1990 TO: Mayor, City Council, City trator FROM: Klayton H. Eckles Civil Engineer SUBJECT:. Completion of house moving procedures DISCUSSION The City sold four homes to individuals under the condition that the homes be moved off the existing site, and the site cleaned up. All of the conditions set by the city have been met on two of the purchase agreements, and a third is almost completed. When all work is satisfactorily completed, Staff needs authorization to return the $1,000 escrow. Staff recommends Council authorize Staff to return the $1,000 escrow to Otting Movers, and John Winzig, and also to Mark Goldberg when hi.s,house is wheeled off the storage site. ACTION REQUESTED Council pass a motion authorizing Staff to refund three escrows to Otting Movers, John Winzig, and Mark Goldberg. &Wa"t 'L� ""� km".k- �N � '�' 'atz-vz' RECOMMEND HOUSE OWNER ESCROW RFND STATUS 2141 Hwy 55 Otting Movers YES All work complete 2143 Hwy 55 John Winzig YES Is to 1805 Delaware Mark Goldberg YES 95% complete 1199 Rogers Frank Fabio NO Awaiting road restrictions Staff recommends Council authorize Staff to return the $1,000 escrow to Otting Movers, and John Winzig, and also to Mark Goldberg when hi.s,house is wheeled off the storage site. ACTION REQUESTED Council pass a motion authorizing Staff to refund three escrows to Otting Movers, John Winzig, and Mark Goldberg. &Wa"t 'L� ""� km".k- �N � '�' 'atz-vz' MEMO CITY OF MENDOTA HEIGHTS April 17, 1990 TO: Mayor, City Council, Cit istrator FROM: Klayton H. Eckles Civil Engineer SUBJECT: Final payment for well abandonment procedures DISCUSSION Associated Well Drillers Inc. has finished the well abandonment procedures on the six wells on city property. The original bid was for an amount not to exceed $10,290. As stated in an earlier memo, there were a number of difficulties which were encountered during the operations. Most importantly, the County added some strict requirements which complicated the process. The final payment request from Associated is for $16,650, or $6,360 over the not to exceed limit. Staff has carefully reviewed the request and is of the opinion that some of the extra charges are justified, but not all of them. After reviewing of alL the itemized costs, Staff has determined that a fair compensation for all of the work would be $12,708.74. RECOMMENDATION Staff recommends Council authorize Staff pay $12,708.74 to Associated Well Drillers Inc. for the well abandonment procedures performed in Mendota Heights. ACTION REQUESTED Council pass a motion authorizing Staff to reimburse Associated Well Drillers Inc. in the amount of $12,708.74 as payment in full for all well abandonment procedures performed to date. CITY OF MENDOTA HEIGHTS MEMO April 12, 1990 TO: Mayor, City Council and City Adm'n'tor FROM: Kevin Batchelder, Administrative Assistant SUBJECT: Tree Donation and Dedication - Mendota Heights Garden Club DISCUSSION Joanne Birnbaum, of the Mendota Heights Garden Club, met with the Parks and Recreation Commission and expressed -her club's interest in donating a tree to the City in support of the parks effort. Ms. Birnbaum suggested a Red Splendor Apple tree as it blooms in the spring and provides fruit for birds later in the year. The Parks and Recreation Commission expressed the desire to have a dedication ceremony with a plaque honoring the donation of the Mendota Heights Garden Club. It was a consensus to schedule the dedication on Arbor Day, which is April 27, 1990. May .1990 is considered Arbor month. RECOMMENDATION The Parks and Recreation Commission recommended that the City accept the tree from the Mendota Heights Garden Club and meet with the Mendota Heights Garden Club and site from the Civic Center landscape a plaque honoring the donation. ACTION REQUIRED unanimously donation offer directed staff to to select a tree plan and to dedicate If Council so desires they should pass adopting the Proclamation acknowledging the dedication of a tree by the Mendota Heights schedule the dedication ceremony for Friday, Gi°b Avv\ a motion generous Garden Club and April 27, 1990. (Staff will be meeting with representatives of the Mendota Heights Garden Club. Details regarding the plaque, dedication ceremony, time and place will be available at Tuesday's meeting). KLB:kkb CITY OF MENDOTA HEIGHTS MEMO April 6, 1990 To: Parks and Recreation Commission ?? From: Kevin Batchelder, Administrative Assistant Subject: Schedule Tree Donation - Mendota Heights Garden Club DISCUSSION The Mendota Heights Garden Club is interested in donating a tree to the City of Mendota Heights. Joanne Birnbaum, of the Mendota Heights Garden Club, will be present to discuss the tree donation with the Parks and Recreation Commission. It is my understanding that the Garden Club prefers to donate a tree at the Civic Center site. Guy Kullander will have the landscape plan for the Civic Center available at the meeting. Many of the trees included in the Civic Center landscape plan have not been planted yet, or were designated for future planting. Staff suggests that if the Garden Club is willing, that they chose a tree from this plan that has already been designated as part of the landscape plan. The Commission should also consider the timing of the dedication ceremony and discuss with the Garden Club the type of photo opportunity that they wish to have. A dedication ceremony seems an appropriate manner in wish to express our gratitude for this gift. ACTION REOUIRED Discuss the tree donation with Mendota Heights Garden Club representative and consider the scheduling of a dedication ceremony. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PROCLAMATION ACKNOWLEDGING A TREE DONATION BY THE MENDOTA HEIGHTS GARDEN CLUB WHEREAS, the Mendota Heights Garden Club desires to recognize and support the 1989 Parks Referendum and the efforts of the City of Mendota Heights in enhancing the parks and open spaces of the City; and WHEREAS, the Mendota Heights Garden Club is graciously and generously donating a tree to the City in honor of Arbor Day; and WHEREAS, the Year of 1990 will be one of celebration of the twentieth anniversary of Earth Day; and WHEREAS, each year on the last Friday of April - Arbor Day - the people of Minnesota pay special attention to the wonderful treasure that our trees represent and dedicate themselves to the continued health of our State's stock of trees; NOW THEREFORE, I, Charles Mertensotto, Mayor of the City of Mendota Heights, do hereby proclaim that this donated tree be dedicated in honor of Arbor Day, 1990, and the Mendota Heights Garden Club. BE IT FURTHER RESOLVED, that the City of Mendota Heights extends its gratitude to the Mendota Heights Garden Club for its generous donation. BE IT FURTHER RESOLVED, that the City of Mendota Heights invites all its citizens to the tree dedication ceremony on Friday, April 27, 1990 at the City Hall. Adopted by the City Council of the City of Mendota Heights this 27th day of April, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO March 28 1990 To: Mayor, City Council and City A m�ris1 r From: James Danielson, Director of Public Works Kevin Batchelder, Administrative Assistant L Subject: CASE NO. 89-34: MIST - Amend Zoning Ordinance Conditional Use Permit DISCUSSION The Planning Commission conducted public hearings at their February and March meetings to consider an application from Minnesota Indoor Soccer and Training (MIST) to amend the Zoning Ordinance to allow Participatory Athletics as a conditional use within the "I" District. The application also includes a request for that Conditional Use Permit. (See attached staff memos) At the February meeting, the Planning Commission expressed a willingness to approve the application and did pass a motion to recommend that Council approve the Zoning Amendment. They delayed action on the Conditional Use Permit for one meeting to allow time for the developer to address some concerns on the site grading plan and exterior building materials. At the March meeting, the Planning Commission approved of the grading plan and the exterior design. (See attached plans) The developers have also left samples of the building materials that will be available at the Council meeting. RECOMMENDATION The Planning Commission unanimously recommended that the Zoning Ordinance be amended to include Participative Athletics as a Conditional Use in the Industrial District. The Planning Commission unanimously recommended that City Council approve the CUP for Participative Athletics in an "I" zone with the following conditions: 1. That the development will occur in accordance with the design as submitted; 2. In the event that there is not adequate parking for the participatory sport use of the structure, then additional parking would be added as required by the City and as indicated on the proof of parking drawing previously submitted; 3. There will be no heating or air conditioning units mounted on the roof visible from contiguous streets; 4. In the event that the building is reused for office/warehouse purposes, the alternative fascade design is implemented as submitted by the applicants and that the additonal parking proposed in the parking plan submitted is effectuated; 5. Final engineering and landscape plans are subject to Staff approval; 6. That an expanded drop off area be developed in front of the building; 7. That a three foot (31) retaining wall along the east property line be constructed in order to maintain a 3:1 slope from the property line to the back foundation of the building; 8. That easement should be sought from MnDOT to remove the need for a retaining wall along the east property line; 9. That security lighting be installed in the parking lot. Staff recommends that City Council also consider authorizing the building permit to be issued upon a Code Compliance check and all permits and fees being paid. ACTION REQUIRED Conduct a public hearing. If City Council desires to implement the Planning Commissions recommendations they should pass the following motions: 1. A motion to adopt Ordinance , AN ORDINANCE AMENDING ZONING ORDINANCE 401 TO ALLOW PARTICIPATIVE ATHLETICS AS A CONDITIONAL USE IN AN INDUSTRIAL DISTRICT. 2. A motion to adopt Resolution 90- , A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW MINNESOTA INDOOR SOCCER AND TRAINING (MIST) TO CONSTRUCT AND OPERATE AN INDOOR SOCCER FACILITY. 3. A motion authorizing staff to issue a building permit for the Indoor Soccer Facility. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE 401 TO ALLOW PARTICIPATIVE ATHLETICS AS A CONDITIONAL USE IN AN INDUSTRIAL DISTRICT The City Council of the City of Mendota Heights, Minnesota ordains as follows: Section 1. Ordinance No. 401 known and referred to as the "Mendota. Heights Zoning Ordinance" is hereby amended as follows: Section 16.2 is amended to add the following Conditional Use: 16.2 (14) Participative Athletics Section 2. This Ordinance shall be in full force and effect from and after its publication according to law. - Enacted and ordained into an Ordinance this 17th day of April, 1990. CITY OF MENDOTA HEIGHTS by Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW MINNESOTA INDOOR SOCCER AND TRAINING (MIST) TO CONSTRUCT AND OPERATE AN INDOOR SOCCER FACILITY WHEREAS, MIST has applied for a Conditional Use Permit to construct and operate an indoor soccer facility at the intersection of Northland Drive and Mendota Heights Road; and WHEREAS, the required public hearings were held by the Planning Commission; and WHEREAS, the Planning Commission recommended approval of a Conditional Use Permit to Allow MIST to construct and operate an indoor soccer facility, subject to the following conditions: 1. That the development will occur in accordance with the design as submitted; 2. In the event that there is not adequate parking for the participatory sport use of the structure, then additional parking would be added as required by the City and as indicated on the proof of parking drawing previously submitted; 3. There will be no heating or air conditioning units mounted on the roof visible from contiguous streets; 4. In the event that the building is reused for office/warehouse purposes, the alternative fascade design is implemented as submitted by the applicants and that the additional parking proposed in the parking plan submitted is effectuated; 5. Final engineering and landscape plans are subject Staff approval; 6. That an expanded drop off area be developed in front of the building; 7. That a three foot (31) retaining wall along the east property line be constructed in order to maintain a 3:1 slope from the property line to the back foundation of the building; 8. That easement should be sought from MnDOT to remove the need for a retaining wall along the east property line; 9. That security lighting be installed in the parking lot. NOW THEREFORE BE IT RESOLVED by' the City Council of the City of Mendota Heights that a Conditional Use Permit to allow MIST to construct and operate an indoor soccer facility be granted subject to said conditions. Adopted by the City Council of the City of Mendota Heights this 17th day of April, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS MEMO March 22, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works Direct Kevin Batchelder, Administrative Assist SUBJECT: Case No. 89-34, MIST - Continued Hearing The Planning Commission conducted a hearing at their February meeting to consider a request from MIST Corporation to amend the Zoning Ordinance to allow participatory athletics as a conditional use in the Industrial District. Subject to that approval they also requested a conditional use permit to allow them to construct an indoor soccer facility at the intersection of Mendota Heights Road and Northland Drive. At that meeting, the Planning Commission expressed no concern relative to allowing the indoor soccer facility, however, they did express some concern over the grading and exterior wall finishes as a result of some staff comments. Planning Commission closed the hearing with respect to the zoning amendment and moved 5-1 (Krebsbach) to recommend the change requested. Planning Commission, however continued the hearing relative to the CUP for the indoor soccer facility to allow time for the developer and staff to work out some concerns relative to the grading plan and exterior wall finishes. Grading Plan - The Developer raised the floor elevation three feet (31) to make their front entry level with the street. Staff feels that this grading plan amendment is an excellent improvement and addresses our concerns.. Exterior Wall Finishes - The Developer met with Planner Dahlgren to present a number of exterior wall finish designs in draft form. Planner Dahlgren indicated one of the alternatives as representing the type of design he could support. There was not time between this meeting with Planner Dahlgren and the Planning Commission meeting for the Architect to revise his plans for staff to review and comment on. Therefore, Planner Dahlgren instructed the Architect to prepare and bring revised drawings to the Planning Commission meeting for final approval. ACTION REQUIRED Conduct the public hearing, review the revised plans with the applicant and make a recommendation to the City Council on the requested CUP. JED/KLB:kkb PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 March 1990 89-34 MIST Corporation Southeast Corner of Mendota Heights Road and Northland Drive (see sketch) Approval for Conditional Use Permit for Participatory Athletic Facility 1. Attached is a copy of the report prepared for the February Planning Commission meeting at which time the Commission elected to adjourn the hearing to the March meeting so as to allow the applicant time to make some adjustments to the development proposal. The general, areas of concern expressed at that meeting were: a) The possibility of raising the first -floor elevation of the structure approximately 3 feet to reduce the grade at the driveway entrances and get the building "up out of the hole". b) Possible changing in the trash handling location and design so as to eliminate exterior dumpsters. c) Possible relocation of the entrance drive so as to make it possible for a bus to enter, drop off passengers, and exit. d) Consideration to the building materials and design. Since that time, Staff has met with the applicants on several occasions and considerable progress has been made toward rectifying the Planning Commission's concerns. 2. The grading plan has been redone so as to raise the building approximately 3 feet. This eliminates the steep grades at the driveway location and raises the entire structure so as to present a more attractive site condition. The image of most buildings seem to suffer if they are developed "below grade" where one has to drive down into the site. This change constitutes a significant improvement. The change in grade, however, does create a grading condition on the back of the structure where the development is contiguous to land owned by MnDOT. It will now be necessary to construct a 3 -foot retaining wall along the property line so as to maintain an even 3:1 slope from the property line to the back foundation of the building. If and when this building is ever reused for office/warehouse purposes, it may be necessary to substantially raise the grade of this rear portion of the site so as to allow service access to the back of the structure. We have suggested to the applicants that they work closely with MnDOT MIST Corporation, Case No. 89-34 Page 2 to try to acquire some of this property so as to give them more space to accomplish this change in grade. Another option is to get from MnDOT a right to adjust the grade (through an easement) around this area of MnDOT's land contiguous to the applicant's property. Such arrangements with MnDOT do take time, but the results could be important if and when the alternate use for the structure is put into effect. 3. The driveways have been adjusted so as to accommodate cross -traffic with a drop-off at the main entrance. With respect to this feature, the design could be improved by eliminating the parking that is immediately at the front door, making this a drop-off point for parents and others bringing their children to soccer games and practices. We noted from visiting the facility in Maplewood that many of these children, in singles, pairs, or groups, are dropped off by adults. Having such an expanded drop-off area allowing several cars to do so at once would constitute a functional improvement. We doubt that the loss of several parking stalls would be significant and could be added elsewhere if necessary. 4. We have also discussed with the applicants and their architect the options for alternative use of materials and design of the exterior. We are somewhat concerned about the impact of the use of painted block and, in particular, a design pattern that results in an 8 -inch zig-zag color differentiation technique. We have suggested that the creation of a 20 -foot square module through the use of protruding steel channels mounted to the surface of the block could be attractive. The dimensions of the structure are such that 11 of these 20 -foot panels fit neatly into the overall dimensions of the exterior front fascade. The architects have and are considering alternative options with the objective toward creating a "simple but elegant" design effect. We have not seen their final recommendation, but trust that their capable architect will come up with a solution that fits the aesthetic standards expressed in recent design of development occurring in the City's industrial areas. 5. In summary, it appears that the use for the land as proposed for which the Conditional Use Permit has bee applied may be appropriate. Conditions to be attached to an approval could include: a) The development will occur in accordance with the design as submitted; b) In the event that there is not adequate parking for the participatory sport use of the structure, then additional parking would be added as required by the City and as indicated on the proof of parking drawing previously submitted; c) There will be no heating or air conditioning units mounted on the roof visible from contiguous public streets; d) In the event that the building is reused for office/warehouse purposes, the alternative fascade design is implemented as submitted the applicants and that the additional parking proposed in the '" pa king plan submitted is effectuated; and '""D Fi al engineering and landscape plans are subject to Staff approval. i' SUBJECT PROPERTY NpRpy SCALE 1"400' ,11 ` A �- PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: (::�28 February 1990 89-34 MIST Corporation Southeast Corner of Mendota Heights Road and Northland Drive (see sketch) Approval of Amendment to Zoning Ordinance and Conditional Use Permit 1. Attached is a copy of a report prepared for last month's meeting relating to this proposed application. At that time, the plans were insufficiently developed so as to conduct a reasonable review. Therefore, the applicants agreed to tabling the proposal to this month's meeting. On January 13, 1990, the applicants and their architects scheduled a meeting with the Staff to discuss plans that had evolved since the last meeting several months ago. Since that time, the applicants and architects have completed and revised their plans and have prepared a rather complete Project Narrative, which is attat-hed. Reduced copies of the six sheets of plans submitted by the applicant are also attached. 2. The Project Narrative explains the project rather well, therefore, it is not necessary to repeat all of that detail. Briefly, the request is for consideration of a proposal to amend the Industrial District to include a "participatory athletic facility" as a conditional use in the Industrial District and to process and approve such a Conditional Use Permit for the property. The City Attorney has advised that both of these requests can be considered at a single meeting. 3. With respect to the concept of providing this kind of facility as a conditional use in the Industrial District, we suggest that such a proposal may well be appropriate. There are, in fact, a number of instances in the Metropolitan Area where gymnastics and/or dance studios are conducted in office/warehouse spaces. One such space is in fact leased and operated by the City of Roseville as an office/warehouse facility. 4. Of more importance is the examination and ultimate development of the way in which it is to be done on a particular site. This is the subject of the Conditional Use Permit for the property in question. Basically the proposal is to build a structure that could later be developed as an office/warehouse use, if necessary, consisting of a total of 54,000 square feet to include two large-scale indoor soccer arena areas: one that is 220 feet by 110 feet and one that is 220 feet by 100 feet. In addition to these spaces, there is a central service area for serving food, administration, storage, locker rooms, and restroom facilities. MIST Corporation Soccer Facility, Case No. 89-34 Page 2 The parking proposed to serve the facility, for its soccer use, is 135 spaces. However, we believe this is sufficient, but an additional 14 spaces could be added without extensive grading near the south end of the site. The exact amount of parking required for the facility proposed is somewhat difficult to determine. There is, however, one similar development located in the City of Maplewood. We have visited that site and spoke with the owners so as to gain some insight based on the experience of that operation. We also discussed the development with a Maplewood resident who lives across the street from the facility, which is known as the "Corner Kick Indoor Soccer Center" located in the southeast quadrant of Trunk Highway 36 and English Street. That location is about a mile east of the intersection of Trunk Highways 61 and 36. Members of the Planning Commission and Council may wish to visit that facility, which has served as somewhat of a prototype for the proposed development in Mendota Heights. children prefer the smaller field. 5. Following is a brief summary of information gained from that visit: a) The Corner Kick facility has two indoor soccer fields: a large one (200 feet by 85 feet) and a smaller one about one-half the size (100 feet by 85 feet). b) Serving the facility is a parking lot with 103 spaces. The operator notes that in most cases, this is adequate parking, though on some weekends and during a scheduled tournament, parking overflows onto the contiguous street. The street is posted "No Parking" on the opposite side contiguous to the residents. The operator notes that their clientele are adults and children and that most of the children are brought there by parents or grandparents, many of whom stay to watch the action. It is these viewers who create most of the parking demand. In some cases, there children are brought to the facility by car or van and dropped off with an adult picking them up after the session. Maplewood facility last year. c) Games or practices are scheduled for one hour each. A rate of $75 per hour is charged for the larger field and $55 per hour for the smaller field. The adults prefer the larger field and the children prefer the smaller field. the building is very d) There are normally six persons on a team (playing at any one time). Most participants will arrive by car or van, but teams from further away, e.g., River Falls, Wisconsin, will come by bus. e) During the week, the action begins at 6:00 p.m. and goes until Midnight. Weekends are fully scheduled in the daytime as well. It is noted, however, that there is almost no use during the summer season. One evening per week was scheduled for adult play at the Maplewood facility last year. "Minnesotans do not like to play soccer indoors in the summertime". The facilities are not air-conditioned, so during much of the summer, the building is very warm. f) Neither of the buildings housing the soccer fields has any windows, so that illumination is by artificial light entirely. Since much of MIST Corporation Soccer Facility, Case No. 89-34 Page 3 the winter use is after 6:00 p.m., obviously daytime lighting would not be the typical norm. g) A neighbor living across the street says that the operation has not been a significant problem for the neighborhood, except that there was a recent proposal to add a liquor license to the facility. This was vigorously opposed by the neighborhood since much of the operation caters to children. For instance, there is after-school instructional leagues designed for boys and girls from grades one through six. The neighbor noted that parking need was most evident during tournaments conducted during the Christmas holiday school vacation. h) The common facilities include three tables for eating and the food is largely prepared by microwave. There is a small retail outlet for soccer equipment and clothing. It appeared that the common facility space could be larger as is proposed by MIST, the Mendota Heights proposal. each show a different parking arrangement near this entrance. The curb line of the parking nearest the roadway could be revised so as to be 6. With respect to the parking, it would appear that the accommodation of about 135 spaces may be appropriate with a condition that additional spaces will be provided if required (at the City's option). 7. The location of driveways serving the site r+.ay be improved. It should be possible to enter at the center entrance, park a bus at curbside, and leave without having to drive through the rest of the site. This can be accomplished by relocating the two driveways near the center of the site (further to the south) and providing a continuous loading and unloading area near the front entrance. Revision to this space might reduce the parking in the front area by four cars. The parking arrangement at the southernmost entrance could be revised and made less complicated. The two site plans on the front sheet each show a different parking arrangement near this entrance. The curb line of the parking nearest the roadway could be revised so as to be more nearly parallel with the roadway, thus eliminating the rather complicated arrangement on the north side of this entrance. 8. This is a very difficult site from the standpoint of existing terrain, and therefore, the grading plan is most important. This plan was only recently completed showing the configuration for the interim use of the land as a soccer facility. You will note that there is a very steep grade proposed on the east side of the southernmost building, which approximates 36 percent. If and when the facility is converted to warehouse use, a service driveway is proposed to be built in this area requiring a 13 -foot retaining wall along most of the length of that drive. This can be a very expensive adjustment to converting the building to office/warehouse use. You will note from the small-scale drawing showing the location of this property that the contiguous property to the east is public right-of-way owned by lAnDOT. It would appear possible, and hopefully probable, that additional land could be acquired from MnDOT so as to ease this very tight restriction to the development of the site on the east side of this building. Though this land is far away, additional land will allow it to be developed with far less expense and allow greater depth for better utilization of the property. MIST Corporation Soccer Facility, Case No. 89-34 Page 4 9. With' respect to grades and access, it appears that the grades proposed in the area contiguous to Mendota Heights Road are very steep and in some areas, grades up to 60 percent are proposed, which are almost impossible to maintain without retaining walls. You will note that a proposed driveway at the north end (when and if the land is developed for warehouse) is proposed to be at approximately a 10 -percent grade. Normally this is considered too steep for such driveway purposes, particularly since there is no flat space at the top of the drive for a vehicle to wait before entering the roadway. Mr. Danielson, Public Works Director, will be reviewing the grading plan for your consideration. 10. Another concern is that of the materials to be used in the exterior finish of the structure. You will note from the drawings that a combination of painted concrete block is the main material. One block would be scored with a center vertical (creating an 8 by 8 block illusion) and the other material is to be a rockface block. In general, painted concrete block is utilized for our cheapest buildings and though the architect proposes to create a diamond-shaped pattern on the exterior walls, we believe some alternate options should be considered. 11. We also note that there are several exterior trash dumpsters to be located on the site. More recent concepts for trash handling include provisions for separating the trash inside the building and providing a space for the dumpster inside the building as well., In some cities, this is now becoming a requirement due to two reasons: 1) the outdoor handling of dumpsters , is proving to be a continued aesthetic problem; and 2) a need to separate trash is becoming more evident and this cannot be done safely and efficiently outdoors. Carefully handled with an overhead garage door, this trash facility could even be a part of the central common service area rather than putting two dumpsters on the far extremities of the parking lot as proposed. and reviewed 12. We understand that rooftop heating and ventilating equipment is proposed for the structures. This is not shown on the exterior elevations, but obviously this could be a very important element in the overall aesthetics of the development. We suggest that the Planning Commission and Council discuss with the applicants how this is supposed to be handled. Obviously, the most effective method is to provide for a parapet around the periphery of the building rather than screening the equipment with "picket fences". 13. In summary, the basic idea presented in this application seems to have merit and may fulfill a growing and important recreational need. We suggest that points of concern from the Planning Commission and Staff be carefully looked at with options for improvement or changes to be considered by the applicant and reviewed at a subsequent meeting. CITY OF MENDOTA HEIGHTS MEMO February 21, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works Direc Kevin Batchelder, Administrative Assiswtq��) SUBJECT: CASE NO. 89-34, MIST - Amendment to Zoning Ordinance and CUP in Industrial Zone DISCUSSION Minnesota Indoor Soccer Arena and Training (MIST) are proposing to build an indoor soccer facility at Mendota Heights Road and Northland Drive (just east of Highway 55). The proposal would include two indoor soccer fields, a mezzanine lobby area and parking facilities. MIST's intent is to amend the Zoning Ordinance to allow Amateur Athletic Facilities, or more specifically, Participative Athletic Use, in the Industrial Zone as a Conditional Use. Sports arenas are currently allowed as a Conditional Use in the B -3 -Zoning District. Rather than pursue a rezoning to B-3, MIST would prefer to maintain the current Industrial zoning designation and be allowed a Conditional Use for Participative Athletics within the current Industrial Zone. The actual structure, or building, is proposed to be built for soccer uses within a framework that could also support office/warehouse uses. Its secondary uses, if necessary, would better fit into an Industrial Zone, as opposed to B-3. Staff has the following comments about the attached set of plans: GRADING This site, because of its long narrow configuration, and existing grade changes, is a very difficult one to accommodate a 54,000 square foot building all at one floor elevation. The building seems to have been depressed below the street elevation to try and accommodate some steep slopes that fall away along the east boundary towards MnDOT's storm water holding area. The three proposed driveways all fall sharply downward towards the building. The most southerly driveway is in excess of 20 percent grade at one point. The front entry driveways are in excess of 6 percent grade. Staff suggests that the developer, in an attempt to improve these conditions, look at raising the building's floor elevation. The grades along the east lotline are .shown to be 3:1 and 2:1 slopes. The grades along the south lot line are shown to be 1:1 slopes. The 2:1 and 1:1 slopes should be reduced, perhaps by adding some landscaping walls. There have been two storm water holding ponds designed for the site. The storm water holding pond located along the south property line appears to be in conflict with the NSP gas lines as does the southerly driveway entrance. These problems need to be studied and resolved. SETBACKS Rear yard setbacks for building in the Industrial Zoning Districts are fifty feet (501). Only forty feet (40' ) is provided for this building. The rear yard is adjacent to the MnDOT storm water holding land which will never be developed, therefore, staff feels it could be appropriate to consider a ten foot (101) variance. The building identification sign is shown to be located at the northwest corner of the site and is to be setback twenty feet (201) from the front property line. Forty feet (401) is required. The City has been routinely considering twenty foot (201) variances for United Properties' signs when the signs conform to an acceptable design approved by the City. STORM WATER Drainage from this site is directed into the MnDOT holding pond to the east. That pond has a limited amount of capacity and so the applicant has worked with City Engineering to incorporate two detention ponds on the site. The City has an existing storm water pipe leading from Northland Drive through the future building and emptying into the MnDOT holding pond. The developer has prepared plans that show that storm line to be re-routed around the building. The City Council will have to conduct a public hearing to vacate the easement containing the current storm line to be abandoned and re-routed. ACTION REQUIRED Conduct the public hearing. Consider amending the City's Zoning Ordinance to allow Participative Athletics as a Conditional Use within an Industrial Zone and, upon that action, consider a recommendation for a Conditional Use Permit for Participative Athletics as proposed. The Planning Commission also needs to consider a ten foot (101) rear yard setback variance and a twenty foot (201) front yard sign setback variance. JED/KLB:kkb City of .... ..JA 1Viendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application I —1 CP- IA Fee Paid -`--0.0/0 Applicant Name: IA S i o 1?H: "7 of �� l/ 7 S (Last) first) (ND Address: Owner Name: Address: (Nuunber & Street) (Last) (First) (Mn (Number & Street) Street Location of Property in Question: Legal Description of Property: Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Plan Approval Comprehensive Plan Amendment Applicable City Ordinance Number Present Zoning of Property _ Proposed Zoning of Property Present Use Proposed Use Variance Subdivision Approval Wetlands Permit Other (attach explanation) Section I hereby declare that all statements made in this request and on the dditional material are true. ( ign lure of Applicant) da/ 70 (Date) (Received by - Title) 1101 Victoria Curve -1Viendota Heights, AIN - 55118 452.1850 Saint Thomas Academy 949 Mendota Heights Road • Mendota Heights • Minnesota 55120 October 4, 1989 Honorable Charles Mertensotto Mayor of the City of Mendota Heights City Hall Mendota Heights, MN 55118 Dear Mayor Mertensotto: I would like to take this opportunity to express my support of the MIST Corporations proposal to build an Indoor soccer facility In Mendota Heights. I have had the chance to meet with representatives of the MIST Corporation and Hageman Construction. I do feel that their proposal to build at the Mendota Heights Road - Northland Drive location would be a. positive addition to this community. This facility would fill some of the communities recreational needs, at the same time it would maintain the educational/recreation environment that now exists in this area with the presence of St. Thomas Academy and the Convent of the Visitation Schools. As an administrator at St. Thomas Academy, I fully support this project. I would also like to urge you to support his proposal. If I can be of any further assistance to you In this matter, please feel free to contact me at 454-4570. Sincerely, W. Michael Funk Assistant to the Headmaster WMF/rmd • Acadernic 011ices (612) 454-4570 • Alumni/ Development (612) 454-0090 City of , Mendota Heights M March 21, 1990 Mr. Jerry Haarman MIST Corporation 7086 Carey Lane Maple Grove, MN 55369 Dear Mr. Haarman: Your application fora C, , will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesda , d, The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant OwIRR.:7 1101 Victoria Curve -Mendota Heights, MN • 55118 452.1850 191 - 3H z an ® Mend -Ea g • o Athletic Association March 22, 1990 \ Ac Mr. Jerry Harmann MIST, Inc. 7086 Carey Lane Maple Grove, MN 55369 Dear Jerry: I enjoyed meeting with you and Paul Notermann to review your proposed Indoor Soccer Arena to be located in Mendota Heights. The plans for the facility seem to be very well thought out, and I believe that the Arena will provide excellent soccer activities for children in Mendota Heights and neighboring communities. Our Association's soccer program has approximately 200 children, and our fall season runs for approximately six weeks beginning with Labor Day. Many of these children will be potential users for your facility, and we anticipate additional growth in our program as our community grows. Our Association does not make any endorsements or commitments concerning commercial facilities. However, as Soccer Commissioner for the Association, I personally believe that your indoor arena would be a great facility for all soccer players in the area. Good luck in your efforts, and I look forward to touring the facility upon completion. Sincerely, d?ZVIZ, David A. Libra DAL/lmg �`""ES°l9 MINNESOTA YOUTH SOCCER ASSOCIATION, INC. ® Affiliated with United States Youth Soccer Association, Inc. A Division of the United States Soccer Federation YOUTH SOCCER ASSOCIATION - March 21, 1990 Mr. Paul Noterman Minnesota Indoor Soccer 7086 Carey Lane Maple Grove, MN 55369 Dear Paul: Arena & Training Complex I enjoyed the opportunity to meet with you and Jerry Haarmann to discuss your -planned indoor soccer complex. I am pleased that plans are moving along so well. An indoor complex is badly needed in the south suburban area. As I stated in our conversation, I have received numerous phone calls at the Minnesota Youth Soccer Association state office inquiring about indoor facilities in the south metropolitan area. Your choice of location was obviously well thought out. The Rochester area in particular, with over 1500 soccer players registered in MYSA, has been anxiously awaiting a more accessible facility. In response to your question regarding potential users of the complex, MYSA currently has 25,000 players registered with the association. Based on information available to us, there are an additional 10,000 plus soccer players in the metropolitan Twin Cities area who are not now registered with MYSA. In addition we estimate there to be another 6000 to 8000 players in outstate areas which our association has not yet reached. This makes a total in excess of 45,000 youth playing soccer in Minnesota, an increase of about 3000 in the last two years. With the introduction of soccer in new areas such as Winona, Lacrosse, Jackson, Austin, Owatonna and many others we expect this number to pass the 50,000 figure by 1993. The availibility of your planned complex will very likely accelerate that growth. Your personal interest, as a former youth player, in promoting soccer is deeply appreciated. Thank you for having the foresight to make this facility a reality. There is no doubt in my mind that your arena will be filled to capacity as soon as it opens. Sincerely, John E Moran Executive Director 1455 West Lake Street Suite 10 Minneapolis, Minnesota 55408 .m . Mr. Jerry Haarman MIST Corporation 7086 Carey Lane Maple Grove, MN 55369 Dear Mr. Haarman: City of Mendota Height's April 13, 1990 Your application for o f i P r (n c' 5cc.0 e r' will be considered by the City Council at their next regularly scheduled meeting,.which will be held on Tuesday, The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended .4-oo rvyc,-..( L, 11 CUY\Dc�_kDVXS (( sk" n4 -i, r, ,X19 e.wtr, 1 If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, MN . 55118 452.1850 Qy Minnesota Suburban Newspapers I of Mendota. Heights . •� > .. • torrlelai Publlcation>e .. AFFIDAVIT OF PUBLICATION QTY OFT MENDOTAGHTs " 'NOTICE OF HEARING March 30; 1990 -. . TO WHOM Tr MAY CONCERN: '.NOTICE IS. HEREBY GIVEN that the Men- ' dote Heights City Council will meet at 8:00 P.M., or as soon thereafter as possible, o STATE OF MINNESOTA) ���arCha n01Vitoriato consider k SS. plication from Minnesota's Indoor soccer Arena and Training Complex for an amendment to the COUNTY OF HENNEPIN) Zoning Ordinance to allow panc�ipativeathletics as a conditional use in the "I" Z ,and also a c6nditional use permit for an indoor soccer facili- tY-'for-the`f°' described property:; G re Llo r y P t a c i n , being duly sworn on an oath says that he/she i:, ,,•, . Iota1 and z, Northland Drive ,'More particularly, this >s located at the southeast caner of Noo veand Men- the publisher or authorized agent and employee of the publisher of the newspaper known a ce�d pursuantteast ty Heighl&Ordinance No. 40L Suchpeasoos as desire roar heath with reference to this request will be West S t . Paul /Mendota Heights ,and has full knowledge of the facts which an heard at the Ti ,!et* M.-SWANSOIV Sun-Current�April 4, � His Clerk stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Notice of H e a r i n s! which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday , the 4 day of April , 19-9-a—, and was thereafter printed and published on every and including to the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgtstuvwxyz BY: TITLE: Gene ra I eanager Acknowledged before me on this 6 day of _Ap ri 1 _192-0. MERID& M. HEDSLOM NOTARY PUBUC —MINNESOTA HENNEPIN CMNTY .W tX1irtAAISSION EXPIRES 7-2-92 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 1.10 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 64.9a per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 59� per line (Line, word, or inch rate) CITY OF MENDOTA HEIGHTS NOTICE OF HEARING September 7, 1989 , TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Mendota Heights Planning Commission will meet at 8:00 P.M. on Tuesday, September 26, 1989, in the City Hall Council Chambers, 1101 Victoria Curve, to consider an application from Minnesota's Indoor Soccer Arena and Training Complex for an amendment to the zoning ordinance to allow participative athletics as a conditional use in the "I" Zone and also a conditional use permit for an indoor soccer facility for the following described property: Lots 1 and 2, Northland Drive More particularly, this property is located at the southeast corner of Northland Drive and Mendota Heights Road and just east of Highway 55. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to this request will be heard at the meeting. Kathleen M. Swanson City Clerk MINNESOTA INDOOR SOCCER AND TRAINING, INC. PROJECT NARRATIVE 9 L W Index PROJECT NARRATIVE Page 1 PROJECT BASIS 3 THE GAME OF INDOOR SOCCER 4 BUSINESS CONCEPT 7 MARKET ANALYSIS 10 LOCATION 11 ARENA DESIGN & FUNCTION PROJECT SUMMARY Who: Minnesota Indoor Soccer and Training, Inc. (MIST) * 7 investors with combined business experience in excess of 75 years. * 2 years of extensive business research and development * incorporated November, 1988 What: Indoor Soccer Arena * 2 regulation -sized fields * retail sporting goods store * food service area * future ability to involve other recreational sports Why ; Demand and need are obvious- participant soccer is an underserved family sport * soccer has become the 4th most popular sport for children under age 12 (due in part to its accessibility and low equipment cost) * over 32,000 active soccer players in Twin Cities metro area When: Groundbreaking April or May 1990 - Grand Opening: Fall, 1990 Where: Intersection of 494, 35-E, and Highway 55 in Mendota Heights * strategically located within a 20 minute drive from all major soccer populations in the Twin Cities * 15 minute drive from downtown Minneapolis and St. Paul How: Effectively market to the known network of active soccer players * take advantage of an extensive mailing list of soccer participants * capitalize on the growth of soccer as the U.S.A. hosts the World Cup in 1994 PROJECT BASIS Question - What is the world's favorite sport? Baseball? Football? Basketball? The world's most popular sport is soccer, the passion of millions around the world. A sport that commands fan loyalty of virtually religious intensity and crowds that make the Super Bowl look like Sunday services in mid -summer. In 1994, the U.S. will host the World Cup. Most sports experts agree that the events leading up to the 1994 World Cup and the event itself, will bring about an explosion of interest, in the sport of soccer. The 1986 World Cup Final in Mexico, was viewed by 600,000,000 people worldwide. In contrast, the most recent Super Bowl, including its international audience, was viewed by approximately 110,000,000 people. The final game of the 1994 World Cup may well become the first event in the history of mankind, to attract a live television audience of more than. 1,000,000,000 people. No, you are not seeing too many zeroes. Anyone wishing to take advantage of this soccer explosion must act now. Soccer is the most rapidly growing participation sport in the United States. It is a sport for the family, enjoyed for its fitness benefits, its competitiveness and its low cost. Parents are falling in love with the sport of soccer, because size and physical strength are not limitations. Soccer is a very equitable sport, while the competitive aspect, is not diminished. In 19871, the Soccer Industry Council of America completed an intensive study of the sport. What they found was that there are over 15,000,000 soccer participants in the United States. Minnesota Indoor Soccer and Training, Inc.(MIST) is an organization poised to i take advantage of this unfolding opportunity. MIST intends to construct an indoor soccer arena containing two full size fields, along with a retail sporting goods store, food service area and other appropriate support services. Over 2 years of professional research and planning have been invested in this project. This project is backed by a great deal of planning and we feet we know the type of building our customers desire. MIST also wants to deliver to the city, a building they and our investors can be proud to be part of. Land has been purchased, and we are submitting our building designs for your approval. MIST is positioned to execute the plan detailed in this report. r As MIST has put this plan together, many people have expressed their concern that this business simply could not make it. The proposed business described in this plan has a major advantage over most start-up businesses. The amateur soccer business is a proven profit generator. There are approximately 135 indoor soccer arenas operating, across the U.S., with varying degrees of success. Therefore, MIST has had the advantage of being able to study these businesses and learn from their mistakes, as well as from their success. MIST knows what must be done and MIST is ready to execute this plan. 7 THE GAME OF INDOOR SOCCER Soccer is made up of two sectors - outdoor soccer and indoor soccer. Presently the outdoor aspect of soccer is of course the dominant portion. This is due to several factors. The most important being the history of the game. It has always been an outdoor sport. The other factor one must understand is that indoor soccer is an Americanization of the outdoor game. The game is played on a surface the approximate size of a hockey rink with each team consisting of six players. A regulation outdoor field would be 360 feet by 160 feet. A regulation indoor soccer field is 200 feet by 85 feet. The smaller field generates greater excitement by causing extremely quick action and high scoring. Indoor soccer has many similarities to hockey. Like hockey, indoor soccer has free substitution and power -plays, and the game is fast paced with shots on goal averaging one per minute. The field is surrounded by dasher boards and Plexiglas, and the fans are close enough to see every detail of the game. Indoor soccer has now evolved into a distinct sport. Although the indoor and t outdoor aspects are very synergistic. Anyone who is an outdoor enthusiast, who has also played the indoor game, has noticed a much improved outdoor skill level. Because of the more frequent ball contact, indoor players' skills improve faster. The point is. that the indoor and outdoor segments compliment each other quite well. The smaller size field makes indoor soccer more attractive to young and inexperienced players. In some areas such as Kansas City, there are several indoor soccer facilities. In that area, many younger players grew up playing only the indoor game. These players simply find the outdoor game too slow. This American desire for more action, will see the popularity of the indoor game growing more rapidly each year. 3 BUSINESS CONCEPT MIST, Inc. was initially organized by a group of 5 investors to capitalize on what is perceived as a coming soccer boom. This group incorporated in November of 1988. They began by asking themselves, what is the best way to capitalize on the developments, within the sport of soccer? Due to our winter climate, it was clear. Indoor soccer facilities would allow the serious soccer player year round participation. Referring to the 1987 study completed by the Soccer Industry Council of America, the findings were that of all U.S. soccer participants, 23.9 percent played 25 days or more each year. These are considered to be frequent players. Also of the total soccer population, 14.6% were considered to be serious players and played 52 plus days per year. These frequent and serious players are the primary target market for any indoor soccer facility. These are the players, due to their intense interest, who can be attracted to participating in a year round sport - outdoor soccer in the summertime, indoor in the winter. The MIST corporation's objective is to construct a 54,000 square foot office/warehouse type building. In this building will be installed 2 soccer playing surfaces, a retail sporting goods shop, and a food service area. The MIST corporation believes with an attractive, efficient arena, it can reach the necessary soccer market. The income sources available to support such a facility are: 1) Organized League Play 2) Casual Time or Open Time 3) Soccer Tournaments 4) Retail Sporting Goods 5) Camp & Clinic Services 6) Food & Beverage Sales 7) Video Game Arcade Income 8) Advertising or Sponsorship Income MIST investors fully expect the 8 sources of income, will allow this project to provide them a very satisfactory return. Nevertheless, if it does not, the building's construction characteristics will allow for a second use - office/warehouse. The most exciting part, of this opportunity, is that this business concept has already been proven nationwide and locally. 4 Corner Kick Indoor Soccer Center started operations on February 1, 1985 and is located in the east suburbs, in Maplewood, Minnesota, at Hwy 36 and English. This facility houses one regulation size arena (200'x85'), while the second arena is 1/2 that size (100'x85') . Corner Kick is the only local private facility open to the general public at this time. Corner Kick is owned by Tom and Sue Hope. This facility has been quite successful. Each year they fill their league sessions and turn away many teams. Corner Kick's performance is the best confirmation locally of the assumptions supporting the MIST business concept. Three additional indoor soccer arenas were once active in the Twin Cities. Just For Kicks was located in the Bloomington -Lincoln High School, at 90th and Penn Avenue. The high school gymnasium had been converted to a make -shift playing field 100 feet by 75 feet. Even with the handicaps this facility carried, it was quite successful. 100 teams participated in Just For Kicks' first season of league play in 1982-83. In its' second season, 120 teams participated. This sold out their prime time league play. In 1984, Lincoln High School was sold to Honeywell and Just For Kicks was forced to close in September of that year. The Minneapolis Indoor Soccer Center (MISC), was another arena in the Twin Cities. 4This facility was located in the tennis bubble near Parade Stadium at 600 Kenwood Parkway. The MISC had one full-sized playing field, but the building it occupied was small and the clay tennis surface was a constant source of dust. This building was not designed to accommodate the thirty to sixty players usually on hand for indoor soccer games. Again, the soccer consumer ignored these handicaps and filled their prime time league play. 130 teams participated, playing Monday through Friday, 4:00 P.M. to 1:00 A.M. and on Saturdays and Sundays. Each season they turned away some 100 teams. The MISC facility finally closed after their lease was not renewed. A third facility was a place called 55 West, operated by Mr. Paul Notermann. This facility was located in the former Golden Valley Lutheran College on Highway 55. 55 West operated on one field, with dimensions of 110 feet by 65 feet. There were shower facilities, but no warm-up area or snack bar. This was simply a place to play. Once again this facility filled its prime time league hours. This facility generated a net profit of $20,000 serving 130 teams. Gross revenues were $70,000. This facility was open from September 15, 1988 through April 30, 1989. In 1989, 55 West lost its lease when the new Minnesota School for the Arts moved into this facility. 5 All of these facilities closed for reasons other than a lack of business or a lack of profitability. Very little if any true marketing drove the sales these businesses generated. Income was simply a result, of the need, for indoor playing space. Outside our metropolitan area, the success story of All American Sports of Kansas City, Kansas, is extremely encouraging. All American Sports successfully operates two soccer facilities. Their business concept is very comparable to the MIST concept. Their success can be directly attributed to offering customers professional indoor soccer arenas, comfortable locker rooms, a well designed food service area, along with additional amenities. In other words, a professionally designed and managed facility. Each of All American's facilities is" located in an office/warehouse district allowing a second use, should anything alter their present course. Their buildings are 70,000 sq. ft. steel buildings with designer block accents. Their construction costs per square foot are lower than ours. Each of their facilities cost a little over $3,000,000 dollars. Overall, their concept is what we hope to accomplish. However, MIST plans on constructing a much higher quality building. All American also offers other sports at their facility. They offer the use of a weight room, aerobic room and five baseball and softball hitting machines. They also have designed their building to provide a "fairly large amount of retail space. This space is leased to a hair salon, sports store, child care nursery, and an awards company. The MIST corporation intends to initially concentrate totally on soccer. As the arena develops, MIST management will be closely looking at other sports to maximize our revenue stream. All American's success is interesting since they share their market area with two other highly successful indoor soccer facilities. These are all located within a ten minute radius. All American's ability to maintain a leading market share, through meeting the needs of their customers, in such a competitive market, is very encouraging. It confirms our expectations that if we meet the needs of our customers, we should generate sufficient income to cover costs, earn a profit and provide a very healthy return on investment for our stockholders. All American is presently constructing a third facility in St. Louis, Missouri and will soon start a fourth in Indianapolis, Indiana. They have targeted the Twin Cities area for a fifth. Many other examples of soccer arena success can be presented. There are 4 arenas operating in Detroit, all of which are owned by Total Soccer, Inc. These also are operating profitably. The point is, the MIST business concept is a proven concept. If MIST management can operate according to plan and control costs, we will also be successful. L MARKET ANALYSIS The Soccer Industry Council of America(SICA) conducted the most extensive study, of the sport of soccer, ever completed, in 1987. This soccer participation study revealed that 15.4 million Americans, over the age of six, played soccer at least once in 1987. In 1987, the population of the U.S. was 243,153,000. Therefore, the participation study revealed that 6.3% of the population participated in soccer. 12.5 million or 81% of these players were under the age of 18, while 6.4 million were in the 6 - 11 age bracket. Males in the general soccer population outnumbered females by a 61% to 39% margin. 5.9 million soccer players were classified as frequent participants, having played at least 25 days during the year. Of the general soccer population, 2.3 million were classified as "serious" soccer players who played 52 or more days last year. Within this serious player group, 72'� were male and 28'0 female. Table 1 Basketball 18,813 2. 1987 U.S. Soccer Participation - Player Total: 15,388,000 Occasional 1 - 11 Days 5,851,000 38.0% Casual 12 - 24 Days 3,193,000 20.8% Frequent 25 - 51 Days 3,674,000 23.91k Serious 52+Days 2,253,000 14.6% Not Reported 417,000 2.7% Source:Soccer Industry Council of America/American Sports Data, Inc. Going back to the SICA study, among eight selected youth team sports, soccer ranks fourth in popularity behind basketball, volleyball and softball while leading football(Touch and Tackle), baseball and ice hockey. Table 2 1987 SICA Soccer Participation Survey - Youth Team Sport Ranking Participants Under 18 (000) 1. Basketball 18,813 2. Volleyball 14,444 3. Softball 12,914 4. Soccer 12,519 5. Football (Touch) 12,159 6. Baseball 9,787 7. Football (Tackle) 6,294 8. Hockey 870 Source:Soccer Industry Council of America/American Sports Data, Inc. 7 A separate category that may indicate soccer's growth potential is the ranking in popularity among all team sports in the U.S. with kids 6 - 11 years of age. Children growing up with a sport are much more likely to participate in that sport as an adult. In addition, soccer is one of the few sports in which participation can easily occur at almost any age. Therefore, if you get hooked on soccer as a child, it can become a lifetime sport. Table 3 Participants Under 12 (000) 1. Basketball 7,427 2. Volleyball 6,439 3. Softball 5,314 4. Soccer 4,784 5. Football (Touch) 4,286 6. Baseball 4,274 7. Football (Tackle) 2,391 8. Hockey 263 Source:Soccer Industry Council of America/American Sports Data, Inc. The soccer participation survey is part of a syndicated tracking study conducted by American} Sports Data, Inc. of Hartsdale, New York. It was designed to identify and analyze general patterns, trends and relationships within a full range of 58 sports and recreational activities. The study was based on a consumer mail panel study. Table 4 Key Findings Summary - 1987 SICA Soccer Participation Survey Total Participants 15,388,000 100% Male 9,333,000 61% Female 6,055,000 39% Under 18 12,519,000 81% 18 and over 2,849,000 19% Frequent Participants 5,927;000 39% (25 or more days/year) "Serious" Soccer Players 2,253,000 15% (52 or more days/year ) "Aficionados" 3,002,000 20% (Soccer is favorite activity) 0 Table 4 (Continued) Key Findings Summary - 1987 SICA Soccer Participation Survey Northeast Region(9 States) 3,321,000 21% North Central Region(12 States) 3,795,000 25% South Region(16 States) 4,114,000 27% West Region(11 States) 4,158,000 27% Household Income $25,000< 5,660,000 37% $25,000 - 49,999 6,465,000 42% $50,000+ 3,263,000 21% Source:Soccer Industry Council of America/American Sports Data, Inc. On the following page, we detail our findings for the number of soccer players in several key areas of the Twin Cities. These were gathered from reports by city park and recreation directors, and various soccer organizations. MIST had hoped to gather data for the entire metro area. In many of parts of the metro areas, there was no data to be gathered. MIST did not attempt to make any estimates because it would have simply been an educated guess. If one totals the numbers on the map, our findings for this portion of the local soccer population is 32,340 active soccer players. This would represent 2,310 teams. This population number was gathered from the 6 major soccer associations and city park programs. As mentioned earlier, this number, due to the exclusion of much of the Twin City areas, should be extremely conservative. The SICA study found that 6.3 % of the general population participated in soccer. If we were to again rely on the SICA study, our Twin Cities metro area population is 2,377,000. This would equate to a total local soccer participation of over 149,000. The Minnesota Youth Soccer Association and the United States Soccer Federation estimates there are over 85,000 soccer players in the entire Twin City metro area. MIST has always used the more conservative figure of 32,340. We can use the SICA study to accurately measure our Twin Cities indoor soccer market. The "Frequent" and "Serious" soccer players, measured in the SICA study, are the most likely indoor soccer participants. One cannot make the possible false assumption that all soccer players will play indoor soccer. Adding the 23.9% frequent soccer players and the 14.6% serious soccer players, we find a total of 38.5%. If we then use the 32,340 participation number gathered from the local soccer associations and multiplied that number by the percentage of Frequent and Serious soccer players, this would indicate an actual indoor market of 12,580 indoor players. If we again assume an average of 14 players per team, this would equate to 898 teams. 0\d $/# 0< z m / 2 .% z rri] � M > a \ \tm _ La m 0\d $/# 0< z ®/ w § M\/\ _ a z \tm \§ § k r m �2 ,\ § \ \ k) r < .co -0zw A Kn ~ t § d ). Z 0\d $/# 0< z a =< ®m \ k M\/\ _ a z »m \§ § \ § m �2 \ § j 1 C:X r- \ m MOWN r < .co -0zw A Kn ~ t / ). cr aim m R«§ d� q§ 0 2 X > . z « 2 . § 0\d $/# 0< z co \ 'm \ § qco .� =< ®m t M\/\ _ \§§C) ® M »m o.®--%§ \§ \ �q \ m �2 \ § j 1 C:X r- \ m MOWN r < .co -0zw A Kn ~ t m cr m m 0 §. 0 § X > . = _ U . 2 . .. . ca §\£ �\ n\� )M�a m \�\ � r � 0 � mom § �' -< I m \ Ln 7 � q co \ 'm \ § qco .� =< ®m t G)z M\/\ _ \§§C) ® M »m o.®--%§ \§ \ co \ 'm \ § qco .� =< ®m \ k�0 >m ® M »m CO 0 � \§ \ �q \ m �2 t0 1 C:X r- \ m MOWN r < A Kn m co \ 'm \ § qco � k 0 § \.m k�0 >m § r CO 0 � m = k E m m ~ ) q MOWN A Kn t m cr � k 0 § k�0 >m r mw m k § § z 0 2 2 0 0 z k X 0 LOCATION In studying our local market, one item has come through loud and clear. Referring again to the SICA study, 81% of soccer players are under the age of 18. This situation brings about the involvement of parents into our marketing equation. Convenient location appears to be very important to the parents who must chauffeur their children to sporting events. Locally, it appears that 20 minutes driving time, one way, seems to be the magic number. Anything over this drive time discourages parents from allowing their children's' participation. This 20 minutes one way driving time is by no means a scientific finding but simply one MIST has heard over and over from the soccer public. MIST feels that it has addressed the concern of convenient location. The MIST corporation has purchased 17 acres of land in Mendota Heights. When the arena is constructed it will be located 15 minutes from either downtown Minneapolis or St. Paul. It will be located within 20 minutes of virtually all major soccer populations in the Twin Cities market. This location also provides easy highway access off Hwy 35E, Hwy 494 or Hwy 55. At this site, we place our arena almost at the center of all soccer activity in the metro area. 10 ARENA DESIGN & FUNCTION When approaching the design of the arena the MIST investors started with 3 major objectives. First, design a facility that the investors, indoor soccer and the community could be proud of. Second, the cost of the arena must be commensurate with the revenue which could be generated by indoor soccer. Third, the design of a facility must have a secondary use. To meet our objectives we knew we had to have a building large enough to accommodate two fields. The size of the fields(200 ft. by 85 ft.), the necessary clear height(25 ft.) and the amount of support space required (approx. 8,000 sq. ft.) indicated to us that we needed a building 50,000 sq. ft. to 58,000 sq. ft. in size. The facility is most like an office/warehouse or bulk storage building. We know from careful observation of indoor soccer facilities around the country, that we can expect the average occupancy load, during prime time hours, to be less than 120 people. MIST expects most of our players to come from local clubs or soccer organizations. The participants drive themselves, carpool or are delivered by parents. On a rare occasion, we may have a team transported to the facility by bus. The sport around which this arena is designed, soccer, is a participant sport. It is NOT a spectator sport. This was confirmed by the soccer study covered earlier. This is one of the reasons, we no longer have the Strikers in Minnesota. Eventually, more spectators could be drawn to the sport but that will take a generation or two who have grown up with the sport. It is not our intent to build an arena for spectators quite simply because they do not exist. Secondary Use As a second use, the building is best suited as an office/warehouse. Because of the clear height and clear span, we would expect that the tenants using the building would require much more warehouse space than office. We do not expect the second use of this building to be "High Tech Flex Space" with a preponderance of office. The office space in our second use would be less than 30% of our total square footage. Maximum Occupancy Load MIST intends to serve 4 indoor soccer teams per hour. If we have 15 players on each team, that would indicate we would be serving 60 soccer participants per hour. 11 As stated earlier, some of these participants will drive themselves, some will carpool and others will be delivered by parents. Since we wish to look at the maximum occupancy load, let's assume that 100% of the participants are delivered by their parents and both parents arrive to observe their child's game. Therefore 60 soccer participants would involve serving 120 spectators or a total of 180 people. Let us also assume, for these calculations, that every soccer participant arrives in a separate car or 60 vehicles. Since we will be starting our soccer games on the half hour, we must also account for an additional 30 soccer participants arriving. Using the same assumptions as above we would then have an additional, 30 soccer players, 60 parents and 30 vehicles. This would all total to 90 soccer participants, 180 parents and 90 vehicles. In addition, we would have 7 to 9 employees and their vehicles. This makes for a maximum occupancy load of 279 people and 99 vehicles. As we know in reality, people will be coming and going on a much more frequent basis. These numbers would represent a maximum, and our actual operating traffic will be much lower. Parking We are proposing a parking lot that can handle 140 cars. This would also include 2 handicap stalls and if needed, two bus stalls. We have also designed the parking lot to accommodate an easy turning radius for any buses dropping off participants. The parking design should give us ample parking for whatever event MIST would choose to promote. In a secondary use, our parking would decrease to 135 cars. Based upon a 30% office space allocation, we need to provide only 100. Therefore, we have ample parking for this use also. Green Space Wherever possible, we wish to maintain the naturally wooded make-up of our building site. Most notably, this includes a triangular portion of the east end of lot 1 and the wooded area at the back of lot 2, next to the Department of Transportation's Holding Pond. In addition to the existing landscape, MIST will be adding new ash and maple trees to line the street. Around the building, we will have a minimum green space of ten feet, with the exception of the hard surface at the main entrance. 12 Under the secondary use plan, it may be necessary to eliminate some of the natural wooded areas. This would be to the back of the building. In this area we would be installing a drive. This would involve a retaining wall due to the contour of the land. This would only be done, of course, if we could not provide proper warehouse access to the tenants at other locations. The design and footprint of the building gives us a great deal of flexibility. Building Exterior The exterior of the building provided one of the major challenges of this project. The layout consists of two wings to house the playing fields connected by an area for the support services. These wings are both 220 feet long. One wing will have a clear span width of 110 feet and the other will have a width of 100 feet. Because we need a clear height of 25 feet on the interior, our exterior walls will be 32 feet high. Confronted with the fact that we needed these massive walls 220 feet long and 32 feet high, we wanted to establish an exterior design that brings the perception of the facility down to a more "human scale". What we will be doing is creating on the wall surface, 20 foot by 20 foot square patterns, turned on one of the square's points. This pattern breaks up the massive area the wall creates. This patterned wall will leave you with the impression of a smaller, lighter wall. Not as overbearing. MIST will be using two types of decorative blocks to create this iambic effect. One surface will be a rock faced, rough, scored surface and the other is a smooth faced scored surface. These contrasting textures in conjunction with the patterns they are laid in, will be painted to accentuate the already existing texture differences. In addition, the geometry of the patterns will be reinforced by vertical and horizontal decorative bands that will be made of prefinished metal. The focal point of the exterior design, will be the main entrance. In addition to the materials already mentioned, the entrance area will have a standing seam canopy and an expansive glass area to invite and welcome the participants. The patterns and textures on the front of the building will be carried over the sides. In the back, the pattern will continue but we will only be using the scored smooth surface decorative block. The painted surface pattern will be continuous on all 4 sides. We propose to use a classic color scheme on the exterior. The blocks will be painted a gray and off white to reinforce the iambic patterns. The prefinished metal accents will be a deep, rich green. 13 M Interior Space The vast majority of -the interior space will be dedicated to the playing fields. MIST will have a lounge area and snack bar. We want the participants and any spectators to feel comfortable. MIST will also have a pro -shop specializing in soccer and related sporting equipment. Male and female locker rooms will be provided as well as our general administrative offices. The capacity of each of these areas is again designed around the numbers covered earlier. Our lounge will comfortably seat 87 people. For spectators, on the wider field we will be providing around 60 seats. As you will see in the design we could easily increase to 90 if needed. In the other building, spectators will be allowed to view the games standing alongside the playing field. In our on-site inspections of other arenas, we noticed that even when seating was provided, the spectators preferred to be up and moving around. We theorized, that any spectators who do show up are real soccer aficionados. For this reason, they feel more a part of the game if they are standing and moving around versus sitting. Summary MIST has attempted and we feel succeeded in accomplishing the 3 major objectives we wanted to reach. 1) A building everyone could be proud of. 2) An economically feasible design. 3) Must have a secondary use. MIST looks forward to being a valued corporate citizen of Mendota Heights, providing a service which already has the entire metropolitan area excited. Amateur soccer in the Twin Cities is now an established sport and one that will be exploding in growth in the coming years. MIST has invested a great deal of money as well as time to get to this point. We have a well planned project that has a very high probability of succeeding. 14 CITY OF MENDOTA HEIGHTS MEMO April 11, 1990 TO: Mayor, City Council and City Admin r FROM: James E. Danielson Public Works Director SUBJECT: Foto Mark - Continued Hearing DISCUSSION• Mr. Mike Meagher, manager of the Foto Mark plant appeared before the City Council last meeting requesting a conditional use permit to remove approximately 10,000 cubic yards of excess fill from his site. Foto Mark had recently acquired some additional land to the west of their existing building that has a mound of fill on it that needs to be removed before any building expansion can occur. Council had some concerns about the request and the.hearing was continued to this meeting to allow those concerns to be addressed. RECOMMENDATION• Staff recommends that the Foto Mark conditional use permit for mining be approved subject to the conditions as set forth in the attached resolution. Note: The black dirt being made available will only be economical if we can haul it with our own forces and we will work with Mr. Meagher to see if we can coordinate that. ACTION REQUIRED: If Council desires to implement the staff recommendation they should pass a motion adopting Resolution No. 90- , A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A MINING OPERATION. CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 90- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A MINING OPERATION WHEREAS, Foto Mark, Inc. has made application for Conditional Use Permit for mining for the purpose of removing greater than 400 cubic yards of earth (Ordinance 401, Section 4.13); and WHEREAS, the Mendota Heights Planning Commission conducted a public hearing on March 25, 1990 to consider said application; and WHEREAS, the Mendota Heights Planning Commission recommended to the Mendota Heights City Council that the requested Conditional Use Permit be approved as proposed in Case Application No. 90-05, subject to the condi- tion that the grading plans eliminate the use of retaining walls and a maximum of 3:1 slopes to be used. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the proposed Conditional Use Permit would have no adverse effect on the health, safety and general welfare of the citizens of the community or surrounding land and that said Conditional Use Permit for mining operation according to the plan submitted, dated August 20, 1989 and revised February 27, 1990, be approved subject to the following conditions: 1. Foto Mark, Inc. agrees to take the necessary actions to control dust created by the grading operation. 2. Foto Mark, Inc. agrees to keep the public streets clean of any dirt deposited as a result of their grading and hauling opera- tions. 3. Should there be excess black dirt, Foto Mark, Inc. agrees to make it available to the City provided the City will load and remove the dirt from the site at its own expense. 4. Foto Mark, Inc. acknowledges that this CUP approval is limited to their grading operations and that any building expansion plans will require further City Council approval. 5. Foto Mark, Inc. agrees to work with its abutting property owners to reduce or eliminate the need for retaining walls along their north and south property lines and that a maximum of a 3:1 slope will be utilized. 101 0A -LI e+-Y"L I;we- Juv0� � �laa-1 Adopted by the City Council of the City of Mendota Heights this 17th day of April, 1990• CITY COUNCIL CITY OF MENDOTA HEIGHTS By. Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk City Of Mendota Heights Mi April 13, 1990 Mr. Michael T. Meagher Foto Mark, Inc. 2411 Pilot Knob Road Mendota Heights, MN 55120 Dear Mr. Meagher: Your application for a <,-� UP -�, - MLVv IV ti , will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, 64�L( 0 , 6 1 b The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended cL ro ra - If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve -1Viendota Heights, MN - 55118 452.1850 CITY OF MENDOTA HEIGHTS MEMO April 12, 1990 TO: Mayor, City Council and City Admiris� for FROM: Clayton Engel and Klayton H. Eckles ,Enginneering Asst. Civil Engineer SUBJECT: Sewers, Water, Streets Bridgeview Shores 2nd Addition Job No. 9007 Improvement No. 90, Project No. 1 INTRODUCTION Mary Anderson Homes phase of its Bridgeview north of Mendota Heights phase will consist of 23 examines the feasibility public utilities. DISCUSSION wishes to proceed with the second Shores Development, lying immediately Road and east of Dodd Road. This new residential lots. This report of serving this development with Each of the public utilities will be discussed seperately, after which there will be a discussion of project costs and assessments. Sanitary Sewer Sanitary sewer will be extended from the existing sewer in Pondhaven Lane, which was laid at extra depth specifically to serve this development. The cost of serving 23 lots with sanitary sewer is $54,075 including engineering, overhead, and contingencies. An additional $18,595.27 was previously assessed to this development to pay for additional depth required in the Pondhaven Lane sanitary sewer. The proposed layout of the sanitary sewer is shown on the attached drawing. Watermain Watermain will be looped from the existing main in Pondhaven Lane to the existing main in Mendota Heights Road. The cost to serve the 23 lots is $73,325. The proposed layout of the watermain is shown on the drawing. 33 Storm Sewer The proposed storm sewer layout is shown on the drawing. Both new and existing storm sewer structures are used to provide storm water protection for this development. The development was previously assessed $38,268.55 for the existing storm sewer running through Pondhaven Circle and the storm sewer under Mendota Heights Road. Storm sewer and overflow swales will connect the three ponds to control their high water elevation. The cost of providing storm water protection to the 23 lots is $45,550 not including the previous assessments. Street and Sidewalk Construction Standard street and cul-de-sacs will serve the development. A 5' wide concrete sidewalk will run along the south side of Pondhaven Lane and the east side of Westview Terrace. The cost of serving the 23 lots with street and sidewalks is $122,000. Prosect Costs and Assessments The project costs described are summarized below: ITEM COST PREVIOUSLY ASSESSED Sanitary Sewer $54,075 $18,600 '77,1 67-5 Watermain $73,325 73, 325 Storm Sewer $45,550 $38,270 $ $ Zp Street and Sidewalk $122,000 tZ6C,0 TOTAL COST: $294,950 $56,8704 35 t 1 -4'1.0 Dividing the project costs equally between the 23 lots results in each lot being assessed $12,824. If previous asssessments of $56,870 for storm and sanitary sewer are included the total assessment for each lot will be $15,296. RECOMMENDATION Staff recommends Council accept the feasibility report, order the improvement, and direct Staff to begin preparation of plans and specifications. ACTION REQUIRED: If Council wishes to act on Staff's recommendation, Council should pass Resolution 90- , RESOLUTION ACCEPTING ENGINEER'S REPORT AND ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, AND STREET CONSTRUCTION TO SERVE BRIDGEVIEW SHORES SECOND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 90, PROJECT NO. 1) w: City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 90 - RESOLUTION ACCEPTING ENGINEER'S REPORT, AND ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, AND STREET CONSTRUCTION TO SERVE BRIDGEVIEW SHORES 2ND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 90, PROJECT NO. 1) WHEREAS, the City Engineer has submitted his report to the City Coun- cil with respect to the proposed construction of the following im- provements to serve Bridgeview Shores 2nd Addition, to -wit: The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of an extension to the City's water distribution system including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of a storm sewer system including appurtenances and incidental thereto and the acquisition of easements, in and for the area hereinafter more particularly described. The construction of street improvements consisting of the acqui- sition of easements and the grading, stabilization, drainage and bituminous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. WHEREAS, Marvin Anderson Homes, the owner of the property, has hereto- fore in writing petitioned the City Council of the City of Mendota Heights requesting the above described improvements and in said peti- tion requested that the entire cost of said improvements be assessed against said property; and WHEREAS, the City Engineer reported that the proposed improvement and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minneso- ta and is more particularly described as follows: Bridgeview Shores 2nd Addition NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. The the engineer's report is hereby accepted. 2. That it is advisable, feasible, expedient and necessary that the City of Mendota Heights construct the above described im- provements, and it is hereby ordered that said improvement be made. 3. That City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said improve- ment. 4. That said improvement shall hereafter be known and designated as Improvement No. 90, Project No. 1. Adopted by the City Council of the City of Mendota Heights this 24th day of April 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor - ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO April 10, 1990 TO: Mayor, City Council and City Admin's /4_.r FROM: James E. Danie Public Works DIre or SUBJECT: Architect for Sibley Site DISCUSSION• As part of Barton-Aschman's contract for the Park Bond Referendum work, they were to locate and design park shelter buildings for the active parks. Barton-Aschman commonly has this service included within their contracts, however they do not have an in-house architect and subcontract that part of the work out to Kodet Architects. Bar- ton -Ashman is then billed by Kodet for their services, they add a multiplier and in turn bill the client. In order to save money Bar- ton-Aschman has suggested that Kodet work directly for the City, thus avoiding the Barton-Aschman multiplier. Now that the Sibley Park Agreement has been executed by the City and the School District, Barton-Aschman has begun the site design. Kodet needs to be hired so that they can begin to design the shelter. The attached agreement references three separate park shelter buildings. When the original agreement was drawn it was envisioned that Sibley, Kensington and Mendakota Parks would each receive a shelter building. It is suggested that Kodet be authorized to begin work on the Sibley building and that work on the other two buidlings be postponed at this time. Should we decide to proceed with the other two buildings in the future, the City will separately release Kodet to do the additional work at that time. RECOMMENDATION• Staff recommends that the attached professional services agree- ment for $5,000 be approved with the Kodet Architectural Group. ACTION REQUIRED: If Council desires to implement the staff recommendation they should pass a motion authorizing the Mayor to sign the attached stand- ard ATA Professional Services Agreement and release Kodet to begin work on the Sibley Park Shelter. The agreement reflect;a $5,000 fee for a structure that costs $50,000 or less and a 10% fee increase for costs in excess of $50,000. The budgeted amount for the building is $50,000. JED:dfw T H,E R' A M E R I C A N I N S T I T U T E O F A R C H I T E C T S r� Owner ' s Copy AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the 6th day of April Nineteen Hundred and Ninety. BETWEEN the Owner: City of Mendota Heights (Name and address) 1101 Victoria Curve Mendota Heights, NN and the Architect: Kodet Architectural Group, Ltd. (Name and address) 15 Groveland Terrace Minneapolis, M 55403 For the following Project: (Include detatled description of Project, location, address and scope.) Park Shelter Building Location -to be determined by Owner Probable Budget of $50,000. Second Park Shelter Building Site to be determined'by Owner. Probable Budget of $50,000. Third Park Shelter Building Site to be determined by Owner Probable Budget of $50,000. The Owner and Architect agree as set forth below. in the year of Copyright 1917, 1926, 1948, 1951, 1953. 1958, 1961, 1963. 1966, 1967, 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantiai quotation of its provisions without written permission of the AIA violates the copyright laws of the Unitcd States and will be subject to Iegal prosecution. ALA OOCUtIEW 8141 • OWNER ARCHITE(_T AGREEMENT • FOIIRTEENTIi EDITION • AIA* • (C)19a7 THE AMERICAN INSTITI'TE OF ARCHITECTS, 1755 NEW YORK AVENUE, N W , WASHINGTON, 0 C. 2(X)()6 8141-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECTS SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and *any other services included in Article 12. 1.1.2 The Architect's services shall be performed as .expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cruse, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. . ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current arca, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2A CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required foe the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. AIA DOCUMENT 8141 • OWNF.H ARCHITF.Cl* AGREF.WNT • F0( -R-1 hENTIf PI)1l'IUN • AIA* • '0IYR- THE A.%1FR1<'AN 1 ,,711'1'1 E OF "C111TECTS. 1-35 NEW 1'()Rh A\'ENVF... N VC . �,%"ASI 1NGTUN, 1) <: 10(NX) 8141-1587 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies m the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragrapb 3.2.) 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress.. . 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work.' 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods,' techniques, sequences or procedures. The Architect's approval• of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the (.late of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled by the Contractor• and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. uments. AIA DOCUMENT 13141 • ()VCNF.R ARCHITE(-r AGREEMENT • FOURTEENTH EDITION • AIA* • C'IIM- 3 8141-1987 THE AMERICAN INSTITI'TE OF ARCHITECTS. 1135 NEW YORK AVENUE, N.W., WASHINGTON. D C 2(XXXi 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. r 2.6.19 The Architect's decisions on claims, disputes or other matters, including [hose m question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration, as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. if the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall he compen- sated therefor as agreed by the Owner and Architect. 'llle duties, responsibilities" and limitations of authority of Project Representatives shall he as described in the edition of AIA Document ument B352 current as of clic date of this Agreement, unless llthcrvisc agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or -instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not hmited_to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and f ir- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services trade necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. . 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- p.Iruive audits of prospective sites. AIA DOCIMENT 0141 • OWNER ARt:HITECT AGREEMENT • FOURTEENTH EDITION • AIA` • ke,110C I IIF ANERI(.AN I*NNTII t'TF, OF AW HITFCTS. I'i , NEW YORK AVENUE. NW. WASHINGTON. 1) C 1(NNK, B141-1987 4 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 ]vlaldng investigations, inventories of materials or equip- ment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked -up prints, drawings and other data famished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, including space requirements and relationships, flexi- bility, expandability. special equipment, systems and Site requirements. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owners behalf with. respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall fumish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of --way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information conceming available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be"rrferenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of anv fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 drys prior to execution. The Owner shall not request cenifica- tions that would require knowledge or services beyond the scope of this Agreement. AIA DOCUMENT B141 • ()vrNF.R-AR(:Ilil'F.(a' AGRF.F.%1ENl' • FO(•RTEFN 11 HATION • AW • e198- 5 8141-1987 THF. A%iFR1(:AN 1N%TIT1•l�F. (1F ARCHII'FCTS• I -ii NEVr YORK AvEN(•F. N W. WANI11NGTON, 1) C. _'INlgh ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating condition's. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.22 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Crust (adjusted as pro- vided in Subparagraph 5?. i) is exceeded by the Io wcst bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time: .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3: or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall he made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings batted on such claim, dispute or other matter in question would be traded by the applicable statute -i of Wnitations. 7.3 No arhitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, AU DOCUMENT 8141 • OWNER ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA* • e, 11)87 THE AMERICAN I.SI'IT1'I'F. OF ARCHITECTS. 1'35 NEW YORK AVENUE, N W. WASHINGTON, D o; 10(X)6 B141-1987 6 except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party bail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 82 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of•such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is pemharrently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event Of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 in the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of ter- mination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services eamcd to date if termination (occurs before or during the predesign, site analysis, or Schematic Deign Phases; or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 9.2 Terns in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial. Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior. among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advi cd the Architect in writing of AIA DOCUMENT 8141 • OWNER•AR(AUTECT AGREEMENT • FOURTEENni EDITION • AIA` • <<r198' 7 8141-1987 THE AMERICAN 1N.sT11't'1 E OF ARCN,TF.(:TS. I'iS NEW YORK AVENUE. N W . WA_SHINGTON. DC 11NMI6 the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 if and to the extent that the time initially established in. Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most -recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld froth payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of Zero Dollars (f 0.00 shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert hams rf comper wit(m. including sltpulated .rums, ttudltples nr percentages. and idiom ' pdw s,e u, which particular mrttwm& of eatrgxwstuuw applj% q necessary. ) Amount of $5,000 per building. If the scope of the project exceeds a construction cost of $50,000, the fee will be increased by 10% of the amount the construction costs exceed $50,000. AU DOCUMENT 8141 • UVPNFR ARCllll'FC:1' AGREEMENT • FO1'RTEENTiI EDITION • AIAg • is-IQM' THE AMERICAN INSTITUTE OF ARC;lIII 1?C.TS. [-AS NEW YORK ACF.NVE. N %C . WASHINGTON. D e: !tNRKi B141-1887 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: percent (15% ) Design Development Phase: percent( 20%) Construction Documents Phase: percent (40 %) Bidding or Negotiation Phase: percent( 5%) Construction Phase: percent (20%°) Total Basic Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: Per attached Hourly Rates. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. identify specifk services to u+bleb particular methods of compensation apply, tf necessary -1 Per attached Hourly Rates. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One & One Tenth (1.10 ) times the amounts billed to the Architect for such services. (identify specific types of consultants in Article 11. if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One & One Tenth ( 1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve ( 12 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable the f irst of the mo(ith --'}-days from the date of the Architect's invoice. Amounts unpaid after that date ( ) days after the invoice date shall tzar interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of huffiness of the Architect. Onsert rate of interest 4greed upon.) (l tsury laus and requirements under the tirleral Trutb in Lending Act, similar state arul local consumer c rttdt lac :s anet otber n-gtdations at Me c tuner •s and Arcbi- iect s principal places of business, the location of the Prnfin7 and a lsetnhe re• may affect The i alidity of IM.s prvrishm .Vxvific !t-Ral advice, sbuuld Ix, (Ataineel u'i ) res)xct to deletiures or mrxbfieatiow. and also nWardtrt)t nquin"ents such us u7men dtselosures or uWityrs•) 9 8141-1987 AIA DOCUMENT ®141 • OWNER -ARCHITECT AGREEMENT • 1`01'RTEF.NTH EDITION • AIA' • D1987THF.. AMERICAN IN5Ti1'I'TE c V ARCHITECTS, I'S9 NEW )'()RK AVF,NI:te. NW. WASMN(M N. DC _0(x)(i 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (insert descriptions of otber serrce s, identify Additional Semites included udttrin Basic Compensation and modifications to the payment mut compensation terns included in ibis Agreement.) 12.1 A. The soil is adequate for the proposed building. B. Site utilities are in place close to the proposed building and adequate. If not, the Owner shall retain a Consultant with the Architect to obtain the necessary engineering for a system to accommodate the building. Such work will be as additional service. 12.2 The Architect currently maintains Errors and Omissions insurance. The Architect's sole responsibility and liability to the Owner for. errors and omissions shall be limited to the amounts that are available and applicable professional liability covering such claims against the Architect. The Owner agrees that these are the sole amounts against which it will proceed for any claim arising out of, in connection with, or resulting from work under this agreement. A copy of the binder is available upon request.. This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT. (1igmature) Edward J Kodet, Jr ATA — PrPGiHpnt (Printed name and title) (iWntt.W mime and title) AIA DOCUMENT 8141 • OWNER ARCHITECT ACKI:'hMENT • FtAIA` ©lyti' 8141-1887 �� THE AMERICAN INSTITUTE OF AR('HITECI'S. I -(S NEW tiY )RK A�'FW'F_ N W, u:ASHIN(:TON. D C 2(XXX) January 1, 1990 PRINCIPALS Edward L Kodet, Jr. $8750 per hour David E Kulich $7750 per hour SUPERVISORY I Registered Architect, Construction Manager are the descriptions for this classification. $67.50 per hour SUPERVISORY II Registered Architect, Project Manager, Project Architect and Project Engineer are typical titles that would fall within this classification. $57.50 per hour TECHNICAL I Personnel typically classified in this category include college degreed individuals in Architecture and include Professional Staff, Specialist, Job Captain, Designer, Senior Drafter, Planner, Specifier and Construction Administrator. $4750 per hour TECHNICAL H Intermediate levels of positions listed as Technical H are personnel who generally are licensed. Experience of approximately five years with architectural and a ivhitecanal degree background. $4250 per hour TECHNICAL III Levels of positions listed as Technical III are personnel who generally are not licensed. Experience of approximately five years or less with general architectural or drafting background. $3750 per hour TECHNICAL IV Positions here are draftsmen, drafting assistants, generally individuals with less than five years experience. $30.00 per hour COMPUTER TECHNICIAN Position of familiairity with the use of basic computer skills. Includes word processing, data base, specification computer technician. Personnel time only. $27.50 per hour *** Hourly rates are adjusted annually. CITY OF MENDOTA HEIGHTS MEMO kPil 12, 1990 To: Mayor, City Council and City Admi r From: Kevin Batchelder, Administrative AssistantP Subject: Sibley Park - Preliminary Sketch Plans Order Preparation of Final Plans and Specifications DISCUSSION Barry Warner, of Barton-Aschman, was present at the April 11th meeting of the Parks and Recreation Commission meeting and presented the alternative sketch plans for the development of the Sibley Park athletic complex. The sketch plan alternatives that he reviewed for the Parks and Recreation Commission were based on discussions with the staff, the school district officials and coaches and Mend -Eagan. Based on these discussions and the review of the Parks Commission the preferred alternative is Sketch Plan Alternative F. (See attached plans and staff memos.) Alternative F includes the four playfields, including one baseball field, two softball fields and one soccer field, a comfort station, a play structure and amenities. Mr. Warner also submitted some preliminary cost estimates for Alternative F. (See attached cost estimate.) This estimate is within the referendum budget. As the formal plans and specifications are prepared a more precise cost estimate will be developed. According to the attached timeline, the plans and specifications should be ready for final Council approval at your May 15th meeting. RECOMMENDATION The Parks and Recreation Commission unanimously recommended that Alternative F is the preferred plan and that City Council should authorize Barton-Aschman to proceed with plans and specifications for the Sibley Park athletic complex. ACTION REQUIRED Review sketch plan and provide any input to staff regarding plans. If Council so desires, they. should pass a motion authorizing staff to release Barton-Aschman to prepare formal plans and specifications for Sibley Park based on the preferred sketch plan alternative F. O y01 r•I d\' • 9 9 A p0000000000000000000000 00 0 OOOCOO�OOOOC0000pppp000000000 Oh h Irl 0 0 lr) tO h irl lr! N �D O h O t0 0 0 0 0 0 0 0 1r1 lr1 h 00 lrl t0�••I�011jhlne-ihMNdO'�N�MiH C14Md'Me-�h WN Lo Ch ^ N N 01- ur c!r 0 p O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 h 0 0 0 0 0 0 0 0 0 0 0 0 0 OOrn%O8L4OMOr. o%D088 88 O88 O 0 HONO O O 000000000 1r1O U1 m O m OOmOInmOtom . . . . . . . . . . %0 ,0d, N O w N MH h. i/r ei e-1 O O m m ri 0 d' 0 riIt 00 O ri r•1 r -i 10 00 rl r -I ri 0 0 IV q;' M h N h ll;r N Lo CSL riNMd'In1Dh0001r-1e�r-1rir�lrlrirri�rO-1NNNN CITY OF MENDOTA HEIGHTS MEMO April 6, 1990 To: Parks and Recreation Commission From: Kevin Batchelder, Administrative Assistano Subject: Sibley Park - Preliminary Sketch Plans Barry Warner, Barton-Aschman DISCUSSION At the City Council meeting on April 3, 1990 the Council unanimously agreed to enter into a Joint Use Agreement with the Independent School District 197 for the implementation of Sibley Park as an athletic complex. It consists of one baseball field, two softball fields, one soccer field, a comfort station with storage and play equipment. The School District also has plans to construct a batting cage. Barry Warner, of Barton-Aschman, will be present to discuss the preliminary sketch plans for the construction of Sibley Park. Mr. Warner is basing these preliminary sketch plans on discussions with staff in two separate meetings and a meeting with school district officials and coaches. Based on the input from the various interests involved in Sibley Park, Mr. Warner will be showing the Commission plans that are preliminary at this point. He will be reviewing and discussing the options in the hopes of receiving some firm direction from the Parks and Recreation Commission, in order that he may begin work on the final plans. Mr. Warner would then present the final plans at the May Parks and Recreation meeting. Small, reproducable plans are not available at this point in time. Barry has been working on approximately a dozen orientations of the fields and has reduced these down to two or three concepts to be discussed at tonight's meeting. ACTION REQUIRED Review and discuss Barton-Aschman's proposed facility developments and provide direction for the development of final plans for Sibley Park. 1 CITY OF MENDOTA HEIGHTS MEMO March 26, 1990 TO: Park and Recreation Commissioners FROM: Guy Kullander, Parks Project Manager SUBJECT: Time Lines for Approvals and Construction of the Sibley Active Play Facility The attached time lines for the design and construction of the play fields and comfort station/storage/concession building assumes approval by City Council and School District No. 197 of the joint powers agreement prior to April 9th. Naturally, if agreement has not been reached by this date the time line "slips". Please keep in mind that the time necessary for approvals and construction of the Kensington Park building would be the same as the attached schedule for the Sibley site. GDK:kkb TIME LINE FOR SIBLEY ACTIVE PLAY FIELDS 1990 JUNE S M T W T F S 1 2 3 4 5 6 9 10 13 14 5 16 4 open bids for play fields 17 8 20 21 22 23 .4 Council award play field contract 24 2526 27 28 29 30 JULY S M T W T F S 1 2 MARCH 4 5 S M T W T F S T F 1 2 3 4 5 7 8 9 10 11 12 14 15 16 17 BAA directed to begin sketch plan IS 19 21 22 23 24 25 26 Q0 28 29 30 31 Sketch plan review and comments JUNE S M T W T F S 1 2 3 4 5 6 9 10 13 14 5 16 4 open bids for play fields 17 8 20 21 22 23 .4 Council award play field contract 24 2526 27 28 29 30 JULY S M T W T F S 1 2 APRIL 4 5 6 S M T W T F S 14 1 24 17 18 5 6 7 22 8 9 0 11 12 13 14 �- Park and Rec_ review sketch plan 15 16 23 18 19 20 21 28 .Sketch plan included in Council packet for review & comments 22 23 4 25 26 27 28 29 30 City, BAA, Mend -Eagan and S.D. 197 meet MAY S M T W T F S 2 3 4 5 6 7 j 9 10 11 12 �--- BAA Presents final play field plan to Park and Rec. 13 14 16 17 18 19 -4-- Council review/accept final park plan - advertise for bidders 20 21 22 23 24 25 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 9 10 13 14 5 16 4 open bids for play fields 17 8 20 21 22 23 .4 Council award play field contract 24 2526 27 28 29 30 JULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22 23 24 25 AUGUST S M T W T F S 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2',Q 24 25 26 27 28 29 OCTOBER S M T W T F S Park & Rec. review bids - make recommendation Construct fields Seed before Sept. 1 (fields available May 1st) Tree/shrub plantings _ .- 1 2 3 4 5 6.7:T 7 8 9 10 11 12 13 In 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 TIME LINE FOR SIBLEY RESTROOM/STORAGE BUILDING 1990 MAY S M T W T F S M MARCH 2 3 S M T W T F S 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MAY S M T W T F S M APRIL 2 3 S M T W T F S 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 a 18 19 20 21 22 23 24 25 26 27 28 29 30 21 25 23 24 MAY S M T W T F S S M JUNE 2 3 4 5 6 7 T 9 10 11 12 13 14 1 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 18 S M JUNE JULY S S M T W T F S F S 1 2 0 1 2 3 4 05 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 25 23 24 25 26 27 28 41 30 S M AUGUST T W T JULY S S M S M T W T F S 1 2 0 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M AUGUST T W T F S S M T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 27 SEPTEMBER S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2',o 24 25 26 27 28 29 Koaet agreement approved by Council Kodet prepares' preliminary sketches of comfort station Kodet presents preliminary plans to Park & Rec. ..�-- Sketch plans reviewed by Council, Mend -Eagan, S.D. 197• Kodet prepares final plans & specifications +9--1 Council approves building plans - advertise for bidders �— Open bids for comfort station Park & Rec. review bids - make recommendation -. Council awards contract for comfort station building, Construct comfort station Seed before Sept. 1 (fields available May 1st) j. OCTOBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Koaet agreement approved by Council Kodet prepares' preliminary sketches of comfort station Kodet presents preliminary plans to Park & Rec. ..�-- Sketch plans reviewed by Council, Mend -Eagan, S.D. 197• Kodet prepares final plans & specifications +9--1 Council approves building plans - advertise for bidders �— Open bids for comfort station Park & Rec. review bids - make recommendation -. Council awards contract for comfort station building, Construct comfort station Seed before Sept. 1 (fields available May 1st) j. City of nA4AA Mendota Heights April 4, 1990 Chuck Mastel, President +..J Mend-Eagan Athletic Association 1341 Cherry Hill Road Mendota Heights, MN 55118 Dear Mr. Mastel: An agreement has been approved by School District 197 and the City Council to develop an active play facility to be located, at the southwest corner of Marie and Delaware. The Mendota Heights Park and Recreation Commission are actively preparing a design plan of this facility, which will be presented to the City Council for funding approval. The improvements will included a full size soccer field (225' X 3301), a fenced baseball field (330' side, 390' center field), two full size fenced softball (1-2801, 1-3001) and a building which can be used as a comfort station, concession stand, storage area, or combination of uses. The design of this building is why you have been contacted. The Park and Recreation Commission will meet on April 11th to discuss various elements pertaining to the use and function of this building. Decisions made will be conveyed to the architectural firm engaged to prepare the plans and specifications. The Commission needs input from your organization as to any special needs or requirements that this building could provide which would be beneficial to your activities. You or a representative may want to participate in this discussion with the Park and Recreation Commission at 7:30 p.m. on the 11th of April. Please call me at City offices at your earliest convenience. S incerely�, Guy K llander Parks Project Manager c .mom siu�m■m.� a ■ ■a®ems �r�ew n 1101 Victoria Curve . Mendota Heights, MN -55118 452.1858 011- key notes: location map : TF}ESEL ;KJ FORr1eloN 14A5 -t4IcEr.1 1rzor-'t A- 3U12.1/ET hanCET> DEL-Mhr,. H sCj-hLA(Nt :.ArN"DSUR\EtcRS INC. tE.-t A-nRE5 M‘NR3ra HEIG'N-r3 f-OAn AND M 1 y PE-5CRi 1.0orN ; rot Lars( e1/42,5 f1-An1 53;5 : %r, qr-Ar&14 r+,1 :SEE rt--A-F4 : IOR 5.1.E1./A'IiCt•IS E : SEC. 34. TWP 28 RGE 2-3 N 0K -r14 tantrNiv 9Ri vvt. l0 6C ALE e V OM \VA NE Val Sr • current zoning: I - Industrial Y pndition.. use permit / participative athletics setbacks: SEi/I �,� Sw'H 1 .:..:.:.. •n: • : •- 6on. • • " ' -' five spares per 100Rpst -Si office:16,200gsf total required: \ V parking <racet :t aparking 4t4 index: A• 1 -A•2 A-3 A• 4- L A - Nc� } �I 'bract` .) 5otrt++ELE�D�iior.i., E�S-� E✓A j �c�r. • •1 _C Si PLAIN top, 5occ.E7K ASND GpicE/94-1644QL) E OPtlq., ( RADIhIq ft454,1 Rot 6ccca HedtJ Ftcc r rJ. JO Ev.c 01�., 61 H pgs41.1 . [JA-Lk- ARENA- AND Mil CE - /Y*4 051% GPT lot. sEcfiot--1, M1 / 614-4 • Y • n N /"�E'fN Nr•lr• 4Mt- sEC Lose' .44 wx<s -7 0 MIST AC/MESO rA 1 SOCCERMOOR ARENA ANO TRAINING \CNFLEX Mist Soccer Training Center Mendota Heights Minnesota Devebper Mist Corporation Builder: Hagman Construction Architect: Joseph Buslovich, AIA Structural Engineer: NE L6o,4 RU DIE ASSOC. L AKID C APE ARCH. 3044N DIDERc-14.M A Mechanical Engineer: GiviL Engineer: G. GEDSTAD RC.E • Electrical Engineer: EBR 18 Icta Revisions: MARCH i2/90 APRIL 06/ ere IOW lese?i.ly tax, r ap.c WD SEE a, •1-F�. ago. 50 • / N / / , . 0.7 \ h.IfyELUf 4ii'fti •, / N \ . "/ / N N. N% ,' / fit/N % ?.�Et- / / /Fj AI / • o / / / 0 / / l+ / / / /i\ / ,/ >`_ irpts:o- N5 -o" 4 4S-g-o"{E "C6T E/1eKtHca,' [wt u c a / I ENS% ,.,r es/r •, rt4J4 O,: site plan soccer_ arena 18144 cnlrtttrt WALK. c.AMp.o3 Sced.F ,/AC••f.o"._.. _ L.P /c,lcte-re kreo1J -N68 -9-c CeN cRF"T>t / fx t FoQ, c,. es bLSES ANDVICE vEHIc1.ES t r.i.i j. -11111111/4 LI. P. (ra\ivYN i). K "• i f .LK J 4 . I , • - 0 Si -ZZ : =—=t NORTHLAND ve s - ---J o -b Ii _.�/ /44, II n _ Ir • 'be 0 10 30 60 100 150 • �. p • 2 C - 041.1 to& LA&&' NEI<G14.5 Cat. a r •_ r j 2£lbiN 14 -it riM6ER� l site plan office/warehouse option • Xl1. 7'40"- II- pu SITE PLAN Scale: Drawn by: r Checked by: Date: Project: 34o -1=0" Sheet number Al 7 ZONING DATA;_ • current zoning: I - Industrial zoning desired: pndition.. use permit / participative athletics setbacks: front: 20 ft. side: 1 oft rear: 10ft Parking requirements: warehouse:37,60ogsf •n: • : •- 6on. • • " ' -' five spares per 100Rpst -Si office:16,200gsf total required: parking <racet :t aparking stall size: Srara 9.0' by 20.0' Landscape requirements: standar. . n.a. curb cut : maximum 25 n' minimum distance to the corner 50.0' PROJECT DATA: - roasearea: rn Ar.' �' oral building area o a oar ng prov .e• 59,0oa - _ ace 041.1 to& LA&&' NEI<G14.5 Cat. a r •_ r j 2£lbiN 14 -it riM6ER� l site plan office/warehouse option • Xl1. 7'40"- II- pu SITE PLAN Scale: Drawn by: r Checked by: Date: Project: 34o -1=0" Sheet number Al 7 t IO' -o l� 3o'-0 /uAfc'F-+ftrlsE s t'NQEC Lo'O' N « FDC,— F10912_ Dcym4pp 890.so torjMh.- �LEVk (iprJ = 885.5 B i i ✓N TOP RETAINING WALL ELCV. = Q77;p (SE CT.0-F CNLY 1{ 171/41 OV`z, frPvi rt LI ketk- 3,3 fo /4j _ ° sO�I1K!f e 0 }_o� PEKi iN. 4P.OL'N tL�vAn o'J vb, Et. 86$tO To 873,0 6 Es -t - V) . �1 4L A- -L. 4 B-f3(Pi NOTED) x� '=s'-&' • k et 5:1 V a0 yh e,514, Q aAg , STOkrnL&//17EL DETENTION AREA (DRAINS 1.98 ACKE) / ed-)°cu. Fl, 3:1 Gkg55511,pE5 INSIDE// T� . M1EL[/5E-O'S CFS DIscli ICS IINLETFl87kc 7,0C LF E RcVCa0.77 // 10 \ Z. / Lm 110 OOT IET= CN FIL CLh55 3 RlPk pv _s\ CN fILTFk F41EkIG SECTION A- A AND B -E3 // 4_0151- 0111" /1157. creine‘ ouT LET o:TORTA TO RE INIAlly Mist Soccer Training Center Mendota Heights Minnesota Developer: Mist Corporation Hagman Construction Architect: Joseph Buslovich, AIA Structural Engineer: Electrical Engineer: Revisions: AREA NOT END DRAINING To EITHER POND = 0.6.9 ACRE Yk OF ROLF AREAS IN THIS SEc-rio.,N) DEvEicPED = 1•22 EFS 3:1 5 LOPE 3:1 SLC PE ABOVE MALL (NoT TO SCALE) PLCCKI- en 0.50 soccer arena c 289.9 ee S'R S NIEG eq cry 8 Ilk N. NOTES: g-r-r-qo 1:1 SLOPE 72. le 2:1 Seo ese INTER vAl-S trfrkApi 2/19 frio 3/IC 90 GRADING PLAN Scale: Drawn by: Checked by: Date: Project: It 1131 1_ off Sheet number A •2 , Q67 6 o / CI) Mist Soccer Training Center Mendota Heights Minnesota Developer: Mist Corporation Builder: Hagman Construction Architect: Joseph Buslovich, AIA (6i2) 624.51. 9 c . Structural Engineer: Mechanical Engineer: Electrical Engineer: Revisions: 9y, 220 - o 441 -Con p'WNsb ` so A s I,IA'{Et4 s LocKait. FeP- 3o A -{j LR-j't,S �l-Eric-FFE��- 40 fiek-r T;, ft*L b x7fs 0 0 v p D- = (5) . 221- o" MAIN FLOOR PLAN • MN, Is iggo MAPa1 167iticlo 4PRt Lc /t44o Scale: :IA6°=1 Drawn by: fig, Checked by: e7.6• Date: 2/15/40 Project: t -l931 A•3 Sheet number coticcrfri SIGN FTS (S4- Gc MIST MINNESOTA INDOOR SOCCER ARENA=•at -I0 II s Nc f. c#F. ft WEST ELEVATION Ir ct-xsstl,C+C ay 0 wall section A • A Zr' sPPFirIiSNEp HElM CAA • 0 l r1 1 N N ) METAL. . rREPA1i:.E7 14E17-1- 37M4,IN9 itAM KOOF 4LA5c7 c. S. prow; Nbb}ED '1E1 - 4n,QCn c. 6. C PMN itp) taxFUE r eo C chic (PIP) 4.E3AK aPP 0f4bt02cf> 4 61OGC S: I Mist Soccer Training Center Mendota Heights Minnesota Developer: Mist Corporation Builder: Hagman Construction Architect: Joseph Buslovich, AIA (cit) £24•s'1• 9s Structural Engineer: Mechanical Engineer: Electrical Engineer: Revisions: • P66R. in lino MARLR 14/1490 APRIL 6/1990 west elevation sign wall section a -a per'-;aMGp?.7E 0 cern_ orp &L0#'- Scale: ,Drawn by: (Checked by: Date: Project: Vie. :9o 2II 19 A•4 OF 7 Sheet number tttK-CAees, A*MCQErt- Stoc,c *M%- orF G»L•AefE at.ccs= rib 4Lfrern, c.6LocC eagc-FAGC teotED c. Mona PTV' iffitiNiSNE.p Me;TKt- T1-41 PREA'NIS He ME -M- Ift44. fl4ulr4L 6CO2.W !biotic Pio os'tRNra461 000R- f;Ait 90o9-' Pi.itact• SccAEp c.6 ' rikEFit4isit 9rN_ '4 NORTH ELEVATION Pry scur-ro. REGJL-4t c Loco pt' 4p4 step $ETM- otos4 i' 1112E1.K•Sr uNBaagi4 apt' PT CJ ca.' ate isSLaic. RErAi}I; t45 Rf<QLhS- scatty C • Olocr- p-r•O• ei SItK Ori gl.00K iDD 1/16,1 elt cf.4uL44.- *PO c.a.. PIP ZOCK c►c vat, C 3_ rfo LEG JLML fat%C. FICC &la[K • I2 4 TT 1 cas5 -aloes V c•8 So -o C.s w. A' 10'• a �`,! to'- e" r. to -o tit so �0•' �'�� 101o'. SOUTH ELEVATION M*{FA- fAiIiFlt• (3,A4PAIq Snctol ptetiNISMEL NET ROOF. 0„ c3 • 1 /t6" c I' -O" c7 C� ,Ka. 64o' "' 886 e" le c k 4 liC C.1 C1 4 Mist Soccer Training Center Mendota Heights Minnesota beveloper. Mist Corporation builder: Hagman Construction Architect: Joseph Buslovich, AIA 6612} 62-4.57.96 Structural Engineer: Mechanical Engineer: Electrical Engineer: Revisions: 20-0 c� 2�It�To 3/ic/qo 4/o6 / 4O • EAST ELEVfION 14- r( --,1O Z1* tCc. o nl�f 8 f 20:0 t r-, Ot M.&. ,3g ELEVAfl Nl THOS : cJ. cale: Prawn by: Checked by: Date: Project: r(6" -I1 o1' 0,B 0,6 2/18/ 40 1939. A•5 OF _ 7 Sheet number NOTES CONTRACTOR SHAG. VISIT SITE PRIOR TO SUR METING BID. NE SHALL INSPECT 55TE AND BECOME FAMIIIM WITH EXISTING CONDITIONS RELATING TO nlE NATURE AND SCOPE OP WORK. VERIFY ALL DIMENSIONS SHOWN MID BRING TO TIIE ATTENTION Of TIE LANDSCAPE ARCHITECT ANY DIMENSIONAL. DISCREPANCIES WIIICII MAY CONYROMISF. THE DESIGN AND/OR INTENT OF TIE PROJECTS LAYOUT ASSURE CSMTIJANCE WITH AIL APPIJCARI P CODES AND RIDUTATONS GOVERNING THE WORK OR MATERIALS SUITIDD. CONTRACTOR SHALL PROTECT ALL EXISTENT ROADS, CLRRSTGUTTIR 5, TR ARS. TR EFS, LAWNS AND SITE ELEMENTS DIMINO PL NTN\'O OPERATIONS. ANY DAMAGE TO SAME SHALL BP.R EPA" ED AT CONTRACTOR S EXPENSE CONTRACTOR SIIALL VERIFY ALIGNMENT AND IDCATON OP ALL UNDERGROUND AND ABOVE GRADE UTILITIES ACDPROVIDE TIE NECESSARY PROTFGfON TM SAME BEFORE CONSTRUCTION / MATERIAL INSTALLATION BEGINS (MNMLM 10 -P CLEARANCE). ALL UN'DERGROU'ND UTII IES SHALL BE LAID 50 TIIAT TRENCHES CO NOTA TIROUOII ROOTSYSTF-MS OF ANY EXISTING TR EIS TO RESIALV. EXISTING CONTOURS, TRAILS, VEGETATION, CUR WETTER AND OTIER EXISTING ELEMENTS BASED UPON INFORMATION SUPPLIED TO LANDSCAPE Mf11RTCT BY OTHERS. CONTRACTOR SHALL VERIFY ANY AND ALL DISCREPANCIES fl ILW TO CONSTRUCTION AND NOTIFY LANDSCAPE ARC/in n OF SAME TP ALIGNMENT HENT AUD GRADES oEn1EPROPOSED WAITS, TRAILS MD RIR ROADWAYS ARE ECLNFCTTO FIELD ADJUSTMENT REQL1RED TOLN RTO OTON[3MNT AND MIN-CAI/7E EE REMOVAL AND GRADING. ANY CHANGE NALIGNMENT MUST BE CONDITIONS ByLANDSCAPE ARCHITECT. ORAGNG UMTS AND LIMITS OF WORK SHOWN ARE ONLY APPROXIMATE AND MAY BE ADNSIED IN FIELD BY LANDSCAPE ARCHITECT, WORK OUTSIDE LIMITS WILL BE. DONE AT CONTRACTORS EXPENSE UNLESS DRECTED BY LANDSCAPE AAOIm.ET OR OWNER N MR0 IN0. GRADING !DIM OF IIEREPI DEFINED AS THE TINCTURE OP PROPOSED GRADE WTI EXISTING GRADE UNLESS NOTED OTHERWISE ELEVATIONS SHOWN ARE FINISHED ELEVATIONS. SPOT ELEVATIONS TAKE PRECEDENCE OVER CONTOURS. MAINTAIN A UNIFORM GRADE BETWEEN CONTOURS N AR FAS TO BE GRADED UNLESS OTHERWISE NOTED. SALVAGE TOPSOIL FROM TIIE EARTHWORK AREAS AS APPROPRIATE ANDARI AS DIRECTED BY LANDSCAPE ARCHITECT. EDI/CC M NECESSARY TO PROVIDE AIS MINIMUM GRADE., AWAY ROM RENTS. WITHIN II3E1S OF CONSTRUCTION. COMA ACTOR THAI J. PROVIDE. 1W ON -A LSOSION CON1ROI. MEASURES AS REQUIRED TO INSURE. TVA 1" EROSION IS KIPS AT AN AIISOLUIE MINIMUM. PROVIDE TEMPORARY COVER NO FOR CATCII BASINS AND M IS UNTIL FLOSS ILD GRADING IS COSPILlTO. ALL ROUGH (LEADING AND ILNISIIED GRADING TO F. DONE BY 01111RS UNLESS NOTED EISEWIIPRE . COORDINATE TIE PHASES OF CONSTRUCTION AND PLA\TLNG INSTALLATIONS Wml OTHER CONTRACTORS WOE KING ON SUE NO PLANING WILL BE NSTALLED LTTILCOMPI.TE GRADING AND CONSTRUCTION TIM BEEN COMPLETED N TIIE NLSIEOAIE AREA. SOD ALL AREAS DIS11RDED D UE TO GRADING, WHERE SODSEED ABUTS PAVED SLR FACES. FINISHED OR ADB OP SOWSEBO SHALL BE HEAD 1' BELOW SLR FACE EI.E VATON OFTRAIL SLAB. CURB, ETC. SOD SI FALL BE LAID PARAIJILTO TIE CONTOURS AND SIIALL IIA V E STAGGERED )01S13. ON SLOPES STERNER TIIAT RI OR IN DRANAOE S W MFS, TIE SOD SHALL BE STAKED TO THE CROCND AIL PIAT MATERIAL SIIALLCOMPLY WITH TIE LATEST EDITION OF THE AMIE( ICAO STANDARD FOR NURSERY STOCK. AMERICAN ASSOCNTON OF NURSERYMEN. PLAN TAKES PRECEDENCE OVEN PLANT SCHEDULE IF DISCREPANCIES N QUANTITIES iXIST. SPECIFICATIONS TAKE PRECEDENCE OVER non5. ALL PROPOSED PI -ANTS SHALL El: STAKED CAREFULLY AS SHOWN ON PLANS AND OR ILLUSTRATED ON TIE DETAILS LANDSCAPE ARCHITECT MUST APPROVE ALL STAAIVO LOCATIONS OF PLANT MATEJUAL PRIOR TO ANY AND ALL DIGGING. ADJUSTSIF.\TS N LOCATION OF PROPOSED PLAT MATERIALS BUY BE NEEDED N FIEJD. SIIOUID AN ADR:SIMIPT BE ADVISE, TIIE LANDSCAPE MOITI ICT MUST BE NOTHPD. ONE SHRUB PER TYPE AND SIZE N EACH PLATING BED AND EVERY TRF.. SHALL BE CLEARLY IDAmIILD (COMMON OR LATIN NOMENCLATURE) Wllll A ELASTIC TAO WIIICII SHALL. NOT BE REMOVED MKM TO OWNER ACOIPTANCE ALL PLANT MATERIALS SI [ALL BE FERTILIZED UPON NSTAIJATION WTTI DRIED BONE MEAL OR OTIIFR SPECIFIED PRnIL}R MIXED IN MITI 111E PIA\mNO SOILPFR TIE MANUPACrURERE NS1RUCTRMIS. ALL PLANTING AREAS RECEIVING GROUND COVER. PIR ENT/TALE ANNUALS, MDIOR 11 " SHALL RECEIVE A MINIMUMMINIMUMO' r DEPTH OE PLANTING SOIL CONSISTING OF AT EQUAI.PARTi TOPSOIL SAND AND PEAT OR MANURE WRAPPINGWRAING MATERIAL SHALL BE QUALITY, HEAVY, WATERPROOF CREPE PAPER ROE R THIS PURPOSE WRAP ALL DECIDUOUS TREES PANTED w 111E FALL PRIOR TO 12-1 AND REMOVE ALL WRAPPING AR S.I. ALL SHRUB BED MASSNGS 10 RECEIVE, A' DEEPSION'E MULCII AND FIBER MAT WELD BARRIER. ALL EVERGREEN TREES TO RECEIVE P DEEP SHREDDED HARDWOOD MULCH vim' NO MULCH DI DRI EST CONTACT W mI 1REE IONIC ALL ANNUAL AND PIR E\NUL PIANINO BEDS TO OCT VE 3- DEEP SIIREDIED IIMDW000 MULCM WITI NO WEED BNUIER. PREPARE AND/OR PROVIDESIIEW DRAWNOS, NSTAIUIION DIAGRAMS. OR FU SPECIFICATIONS FOR SURSTTOONS AS CALLED EOR IN SPECIE -CATIONS OR AS INDICATED ON DRAWINGS EX VERIFY ISTINT/P ROPOSED IRRIGATION SYSTEM LOCATIONS. REFER TO DRAWING EOR IRRIGATION MAILS. CONTRACTOR SIIALL GUARANTEE NEW MIXT MATERIAL 11IROLJGII ONE CALENDAR YEAR FROM 111E DATE OFO OWNER ACCEPTANCE WARRANTY SONE FULL GROWING SEASON) FOR LANDSCAPE MATERIALS SHALL BEGIN ON 111E DATE OP ACC/ PTANCR BY 111ELANDSCAPE ARUIIITECT AFTER THE COMPE,ET ON OF PLANTING OP ALL LANDSCAPE MATERIALS. NO PARTIAL ACCEPTANCE WILL SE CONSIDERED. ALL TOES TO BE PLANTED ADJACENT TOA SWEET OI WUIIN A BLVD. AREA SII ALL NOT !AVE ANY BRANCHING O TROT C F5 BELOW VPIIEGII TI ALL SHADE/CAN ORFS SIIALL HAVE A MINIMUM IMAGING HEIGHT OY 5 FEET ABOVE TIIE GROUND IP TIE LANDSCAPE CONTRACTOR PERCEIVES ANY w}1CIENCTES IN Till PANT SELECTION& son. co 'GOONS, OR ANY D111ER SITE CONDITION W11.101 MIGHT EWA-LIVELY AFFECT PLANT MATERIAL ESTABIl5IIMENT, SUR VI VAL OR GUARANTEE, BE SII ALLIN BRO TIFSE DEFICIENCIES TO 111E ATTENTION OF 11 T, 1E LANDSCAPE ARCHITECT ALL EXISTING TREES TO REMAIN TO HE MAID TIED AVD PRUNED TO REMOVE DEAD WOOD AND DAMAGED OR RUBBING IW ANCHI1S. 1111001EXISITNO TREES AND/OR SIGNIFICANT SIM LRS MASSING] ARE POUND ON SITE WHETTER SI OWN ON TIE DRAWING OR NOT, TIEY SHALL BE PROTECTED AND SAVED UNLESS NOD TO BE REMOVED AND/OR ARE IN AN AREA TO BE GRADED. ANY QUESTIONREDM DINO W II EDI ll PLAT MAI TRIAL SIIOUID MOON 011 NOT STALL BE. BROUGHT TOTIE ATTENTION OF TIE LANDSCAPE MGIiECS PRIOR TO REMOVAL VINES LEAST vo.Sgo 410 • I ✓ SOD SPL• NO PLANT MATERIAL SUSSTIUTIONS WILL BE AlTSPI ED IRI LESS APPROVAL IS REQUESTED OF TIIE LANDSCAPE ARCHITECT BY 111E LANDSCAPE CONTRACTOR PRIOR TO THE SUBMISSION OF A BID ANDARI QUOTATION. CONTRACTOR SHALL PROVIDE A WRnm REQUEST FOR THE OWNER ACCEPTANCE INSPECTION. CONTI ACTOR IS RESPONSIBLE. FOM ONGOING MAINTENANCE OE AIT. NEWLY NSTgl}D MATER MIS UNTIL TIME OE OWNER ACCEPTANCE ANY ACTS OF VANDALISM OR DAMAGE WIIICII MAY OCCUR PRIOR TO OWNER ACCEPON E SHALL BE TIE MISPONSIBILIY OF TIE CONIRACIDIC • AREA TO BE, EFT IN EXISTING NATURAL STATE "�'D�xiStiNG, tk,S t.XIN!I COTro4 t2 ..\ l tocA I ION SAI J • fas 4104 • 410 I i • re. es os,0 forcote • P �- LIMIT O'FCONSGTRUCTION W O . � .O • T AREA TO BE LEFT IN EXISTING NATURAL STATE • SEED • • • yak E N WO WS • • D /. SOD' 12 n 20 FLAGPOLES IFyI NORTHLAND ROAD IR 01 © n 1F1 2 h 1pl I U,1 SOD EO51i-rias en O et* v • 30 N PLANT SCHEDULE CODE QTY l COMMON NAME/LATIN NAME SIZE R(X)T REMARKS A 12 SUMMIT ASH 3" BB SPECIMEN, STRAIGHT Fraxinus pcnnsylvanica "summit" DIA SINGLE LEADER B 6 EMERALD QUEEN MAPLE 3" BB SPECIMEN, FIRST Acer platantoides "emerald queen" DIA SINGLE LEADER C 4 SKYLINE IIONEYLOCUST 2.5 BB SPECIMEN, FIRST Gleditsia triacanthos "incrmis" DIA SINGLE LEADER D 5 BLACK HILLS SPRUCE 6' BB FULL TO GROUND Picea glauca densata HT SPECIMEN E 5 COLORADO BLUE SPRUCE 6' BB FULL TO GROUND Picea pungens -HT SPECIMEN F 98 MISSKL1 M1 I L LA C 24" POT SPACE 5'-0" OC Svringa vclutina "miss kim" m ' HT G 46 GLOSSY BLACK CIIOKFBER RY 18" POP SPACE S'-0"OC Aroma melanocarpa elala HT MIN. 5 CANES H 89 BRIDAL WREATH SPRIEA 18" POT SPACE 5'-0" OC - Spires x vanhouttci HT 1 36 POTENTILLA 18" POT SPACE min 3'-0" PotentilIa fruticosa "jackmans" HT. oc SUBTOTAL 1 7650 SCO S.Y. .1 1555 4" HARDWOOD MULCH . S.Y. K 82850 IRRIGATION S.F. PLANTING DETAILS RUBBER HOSE NEW) 2 -PLY L/T OIN, WRAP TRUNK TO 1ST RRANCR 12 GA. GALVANIZED WIRE 3 • 120' INTERVALS. PIT/VIDE RED RAGS r01 VISIBILITY. 1'14 '121' WOOD ETA 4 LATER OF LIKEDDED BA 10%000 MULCH SAUCES PUNTING SOIL UNDISTURBED SOIL 01 COMPACTED BACKFILL RUBBER HOSE NEVI IT GA GALVANIZED WIRE S • 120 INTERVALS 1' LAYER OF SHREDDED HARDWOOD MULE PA STING SOIL UNDISTURBED SOIL OR COMPACTED ISA Off ILL PLANTING SAUCES 1211'124' WOOD STAKE POLY EDGER AS SHOWN ON PLAN S' LATIN OFSDIEfl ¢ HARDWOOD MOLD FIBER MAT UNDISTURBED SOIL OR COMPACTED RACCYILL PLANTING SOIL • Mist Soccer Training Center Mendota Heights Minnesota Developer: Mist Corporation Builder: Hagman Construction Architect. Joseph Buslovich, AIA L»47EEc so- iEP•ct: SIN DERiCk RLk. Mechanical Engineer: Electrical Engineer: Revisions: 2/la /RD 2/123/ 90 2/ IQ/ 90 3/ IG/90 4/G/qo PLANTING PLAN JAN. 25, 1990 Scale: Drawn by: Checked by: Date: Project: Sheet number L1 .7oPIN DIGERI(m' 0.8. ra218/90 1131 OF 7 MANHOLE FRAME ANDCOVER NEENAH FOUNDRY R-1730 OR APPROVED EQUAL. MANHOLE STEPS NEENAH FOUNDRY P -1980-C OR APPROVED EQUAL I6" O,C. GRADE A Mist Soccer Training Center STA 1+53 sky jH2 CLASS II REINFORCED ECCENTRIC MANHOLE MANHOLE SECTIONS CONCRETE CONE FIND / PROVIDE 155 LF 18"RCP / REMOVE RE-U5E EXI? CASTING. REMOVE EXIST. STRUCTURE TO MIN. S' -O" 8ELOV✓ /EYIST. RIM (To ELEV.95.0). PLUG EXIST. IS" RCP PIPES WITH /lo' \CONCRETE. BACK FILL TO GRADE / Co, wfTH C GRAVEL LAYERS. COMPACT TO 96'70 /� / \�� moDIFIED DEN51T/ % / /--EX15T,EA5EMENT ABANDON EXIST. It" RCP WEST WITH CONCRETE PLUS CONCRETE MANHOLE BLOCK) PLFSTERED )INSIDE AND OUT TO Top OF PIPE 6" BLOCK TO id DEPTH Developer: Mist Corporation Builder: Hagman Construction Architect: Joseph Buslovich, AIA Structural Engineer: GiviL Engineer: Ci. GEDSTAb.,(Z.C.E. Electrical Engineer: rn1157 SOCCERTRAINING CENTER SEE SITE PLAN FOR PIPE 512E5 INVERT POURED CONCRETE BASE STA 4+9E3 CONNECT TO EXIST. CATCH BA5II -�. ABANDON EX15T_ IB'RCP EAST FM., _ wrTH CONCRETE PLUS CM 51-6"mIN. ANNULAR SPACE a' MIN. FILLED WITH rnoRTAR PouR CONCRETE INVERT TO I/2 PIPE DIAMETER AND SHAPE TO CHANNEL FLOW 6ctt :1740 ' II -o " ' " r11PE 110 LE :Is" ROP . 51 own--Q-2.O% pito 4> n tc (4 : 15 � PROVIDE 155 LF le" RCP sTORm z.o7o r- -EX IST, SURGE BASIN Ir EY15TT`\i u 21'f RCP LF 11 -- .._ I - `-® 0.570 No _.. _ Checked by: Date: Project: II /AA 1 II o c �r275a0 y . 6051001641 2/18/mo * IgMj Sheet number