1987-04-21 Parks and Rec Comm Agenda PacketCITY OF MENDOTA HEIGHTS
JOINT CITY COUNCIL/PARKS COMMISSION
AGENDA, TUESDAY, APRIL 21, 1987 - 7:30 P.M.
1. Call to Order.
2. Roll Call.
3. Adopt Agenda.
4. Review of Discussions and Proposed Agreement with School
District No. 197 for Joint Development of Henry Sibley
Athletic Complex.
5. Identification of Alternatives and Discussion of
Preferred Course of Action for Future Parks Bond Program,
6. Other items of business.
7. Adjourn.
NOTE•
Please bring your 1985 Barton Aschman Study in the loose
leaf binder entitled 1985 Park and Recreation Facility Needs
Study.
CITY OF MENDOTA HEIGHTS
JOINT CITY COUNCIL/PARKS COMMISSION
AGENDA, TUESDAY, APRIL 21, 1987 - 7:30 P.M.
1. Call to Order.
2. Roll Call.
3. Adopt Agenda.
4. Review of Discussions and Proposed Agreement with School
District No. 197 for Joint Development of Henry Sibley
Athletic Complex.
5. Identification of Alternatives and Discussion of
Preferred Course of Action for Future Parks Bond Program.
6. Other items of business.
7. Adjourn.
NOTE:
Please bring your 1985 Barton Aschman Study in the loose
leaf binder entitled 1985 Park and Recreation Facility Needs
Study.
CITY OF MENDOTA HEIGHTS
MEMO
APRIL 17, 1987
TO: City Councilf/��Palr�ks Commission
FROM: Kevin D. pY Z City Administrator
SUBJECT: Proposed and "Failed" Agreement with School
District No. 197 for the Henry Sibley Athletic
Complex
As you are all well aware, we are meeting this evening
because of the failure of the City and the School Board to
approve a joint powers agreement for development of the Henry
Sibley Athletic Complex. Many and long have been the
discussions about why we failed to reach an agreement.
However, I realize that the majority of you have never had
the opportunity to review the final agreement that was before
the Board on March 31. Attached is a copy of the original
joint powers agreement as had been agreed to by the
negotiating teams on the previous Friday afternoon, as well
as a copy of the requested amendment proposed by Mayor Chuck
Mertensotto at the School Board meeting. I think it would be
worth your time to review both of these documents, so that we
can discuss the salient issues that prevented us from
reaching agreement.
I understand that at their meeting of April 15, five of
the six School Board members made known their commitment to
the concept of the shared athletic facility, and their
interest in entering further discussions and negotiations
with the City. The Board is also meeting on the evening of
the 21st; I have suggested to Superintendent Anderson that
perhaps they come up with their list of concerns that would
have to be resolved, and if we are interested in pursuing the
joint athletic facility further, we will do likewise.
KDF:madlr
attachments
MEMO
CITY OF MENDOTA HEIGHTS
To: District 197 School
From: Kevin Fraze Q'itiy
Re: Requested Amendment
Agreement
March 31, 1987
B and
ministrator
to
Joint Athletic Complex
Late in our negotiations Friday afternoon, Mayor Mertensotto
suggested an alternative approach to the agreement before you
this evening. The substance of that change is to have the
City actually purchase Parcel 2 from the School District,
then solely own Parcels 1, 2, and 3. The District would then
take the proceeds from that sale, and accomplish most of the
facility improvements on Parcels 4 and 5 (except the tennis
court lights). The District would retain sole ownership of
these Parcels.
The Mayor reasons that this approach would solve two
potential problems. The first is the question of whether and
when Parcels 1, 2, and 3 are "school grounds'l'+for purposes of
liquor laws. Second, the District would have total access to
lands in Parcels 4 and 5 that might later be needed for
school expansion, without obligation to reimburse City costs,
since the District, rather than the City would have paid
those initial development costs.
Attached are amendments to
the
agreement which would
accomplish
these changes.
We
ask your consideration.
I will be present at your meeting to answer questions.
ARTICLE IV
_ CONSTRUCTION AND MAINTENANCE
Section 1. Plan. Except as the parties may
subsequently agree, the components of the plan will be those
described in the revised January 5, 1987 Barton-Aschman
memorandum attached hereto as Exhibit B.
Section 2. Initial Cost.
Subdivision 1. School District. The School District
shall devote the proceeds from the sale of Parcel
1 to the City toward the cost of initial construction
and development of Complex facilities in the following
sequence:
y a. South campus fields soil correction on Parcel .& r
b. Common excavation, fine grading, fertilization,
and sodding for the soccer field on Parcel B' y
c. Construction of comfort station and equipment
storage building
Subdivision 2. City. Subject to the limitations set
forth in Article V, Section 1, the City will devote
funds to the development of Complex facilities in the
following sequence:
a. Acquisition and purchase of Parcels 1, 2, and 3
b. Initial site preparation of Parcels 1, 2, and 3
for further development
C. Development of softball fields on Parcels 1, 21
bond revenues prove inadequate."
ARTICLE IX
DURATION
Section 3. Disposing of Property. In the event of
termination, the School District will retain all right and
title to the property and improvements to Parcels 4 and 5,
and the City will retain all right and title to the property
and improvements to Parcels 1, 2, and 3. Provided however,
if this agreement is terminated within the first twenty years
following the execution of this Agreement, then the City
shall be reimbursed for City funds expended in the initial
development of Parcels 4 and 5 on a straight-line declining
basis, from 100% in year one to 0% in year 20.
j`�ndyendent Scl oot District No.197
Serving West Saint Paul, Mendota Heights, Lilydale, Mendota, Sunfish Lake and portions of Eagan and Inver Grove Heights
1897 Delaware Avenue West Saint Paul, Minnesota 55118 (612) 681-2300
MEMORANDUM
TO: District 197 School Board
FROM: School Board Athletic Complex Committee .
John Niemeyer, Lee Bakewell, Herb Strozinsky, Bruce Anderson, Lois Rockney
DATE: March 30, 1987
SUBJECT: Athletic Complex
Attached please find the recom»ended Agreement from the Committee for full
Board consideration. The recommendation is the product of deliberations
with the City of Mendota Heights Commmittee.
Suggested Resolution:
1. The Board agrees to enter into a Joint Powers Agreement with the City
of Mendota Heights, as specified in the attached draft agreement and
accompanying exhibits.
2. The agreement of the Board is contingent upon the City's acceptance
of the draft agreement and accompanying exhibits by April 8, 1987.
3. In the event that the City has not accepted the draft agreement by
April 8, 1987, the Board's agreement is rescinded and of no further
force or effect. Moreover, in that event, neither the Board nor the
District administration will participate in further discussions with
the City until after April 21, 1987, the date set by the City for its
bond referendum.
Joyce D. Walker, Chair
Herbert G. Strozinsky, Clerk
Lee R. Bakewell, Treasurer
Kathryn L. Haight, Director
John F, Niemeyer, Director
Judith Pendergrass, Director
Bruce R. Anderson, Superintendent of Schools
"WE ARE A MEMBER OF AN EQUAL OPPORTUNITY COMMUNITY"
WHEREAS, the City and the School District desire to act
cooperatively to utilize the Complex for recreational purposes,
and
WHEREAS, the City and the School District desire jointly to
proceed as authorized by Minnesota Statutes 471.15, et seq.
NOW
THEREFORE,
the
parties
hereto
do
hereby
agree
to the
following
terms
and
conditions
of
this
Joint
Powers
Agreement:
ARTICLE I
PURPOSE
The purpose of this Joint Powers Agreement shall be to
jointly operate a public recreational facility as authorized by
Minn. Stat 471.15 et seq.
ARTICLE II
RECREATION BOARD
Section 1. Formation and Organization. That the parties
hereto will create a Recreation Board as authorized by Minn.
Stat. 471.15 et seq., (the "Recreation Board"), which shall
consist of two members appointed by the City, two members
appointed by the School District, and one citizen at large to be
chosen by mutual agreement of the City members and the School
District members. The members will serve two-year staggered
terms. One initial member appointed,by the City and one initial
-2-
Section
5.
Quorum.
A
majority
of
the
members
of
the
Recreation
Board
shall constitute
a
quorum
for
conducting
business
of
the
Board.
Resolutions
may
be
passed
and
action
may
be
taken
by
the
Board
by a
majority
of
those
members
present.
However, no action may be taken without a quorum present at the
opening of the Recreation Board meeting.
Section 6. Funding.
Subdivision
1.
The
Recreation
Board
shall
not
later
than
one
hundred
eighty
(180)
days
before
the
end
of
each
fis-
cal year submit to the City and to the School District a
proposed budget for the operation, maintenance of, and
improvements to the Complex during the next following fis-
cal year. The fiscal year as used in this Agreement shall
be January 1 through December 31 of each year. The -City
and
the
School
District
further
agree
to
either
approve or
disapprove
totally
or
in
part
the
budget
recommendation
of
the
Recreation
Board
not
later
than
one
hundred
twenty
(120) days before the end of each fiscal year.
Subdivision 2
In the event the City and/or the School
District disapproves all or any portion of the budget as
submitted by the Recreation Board, the City and/or the
School District shall state the reasons therefor to the
Recreation Board, and the Recreation Board shall submit a
revised budget to the City and to the School District
-4-
ARTICLE III
ACQUISITION AND OWNERSHIP OF COMPLEX PROPERTY
Section 1. School District. The School District shall make
available for the use of`the Complex those parcels of property
referred to on Exhibit A attached hereto as Parcels 1, 4 and 5
and shall convey a portion of its fee title interest in Parcel i
to the City as described in Section 3 of this Article.
Section 2. City.
Subdivision 1. The City shalt acquire at its expense
Parcels 2 and 3 as referred to on Exhibit A attached
hereto by voluntary conveyance or by condemnation, and
shall make available the same to the joint venture for use
in connection with the Complex and shall convey a portion
of its fee title interest in such Parcels to the School
District as described in Section 3 of this Article.
Subdivision 2. The City shall bear all costs associated
with the acquisition of Parcels 2 and 3.
Section 3. Ownership. The City 'and the School District
will own as tenants in common, Parcels 1, 2 and 3, with the City
owning an undivided 70% interest and the School District owning
an undivided 30% interest.
-6-
h. Development of soccer field on Parcel 4
i. Construction of comfort station and equipment storage
building
Section 4. Maintenance
Subdivision
1.
The
cost
of operating
and
maintaining
the
Complex
will
be borne
equally
by
the City
and
the
School
District,
except
as
set
forth
in
Subdivisions
2
and
3
below. The categories of expenditures will be as listed
in the Henry Sibley Athletic Complex Maintenance and
Operating Costs (attached as Exhibit C). Additional
categories may be identified by the Recreation Board as
appropriate.
Subdivision 2
The City, at its sole cost and expense,
shall install and maintain utilities to provide necessary,
appropriate and adequate lighting to the athletic facili-
ties to be located on Parcels 1, 2 and 3, and to the
existing tennis courts now located on Parcel 5 as
indicated on Exhibit A attached hereto.
Subdivision 3. The City shall not in any way be obligated
to pay any costs associated with the use, operation and
maintenance of any existing or future school buildings
located within the area of the Complex.
-8-
Subdivision 6. The Recreation Board may adopt regulations
governing the manner of use of the Complex by non -school
groups or individuals. The School District will assure
that such regulations are conspicuously posted. State
Statute and City Ordinance will govern the use of
alcoholic beverages and controlled substances on the
Complex.
Subdivision
7.
Provision
will be
made
for patrolling the
Complex
by
City
law
enforcement
personnel.
ARTICLE V
CITY BOND ISSUE
Section 1. Bond Issue. The obligations of the City. here-
under shall be contingent upon voter approval of a referendum for
a municipal bond issue in an amount sufficient to cover the
City's costs incurred in the acquisition and development of the
Complex facilities. In any event, the maximum amount to be
contributed by the City in connection with the acquisition,
construction and development of the Complex facilities shall be
$1200397650000 The School District has no -obligation to complete
any facility for which bond revenues prove inadequate. Further,
it is understood that the School District cannot pledge revenue
for the payment of bonds pursuant to the provisions of Minnesota
Statutes Section 471.160
-10-
agreements shall be made in writing and executed only upon a
majority vote of the governing bodies of both the City and of the
School District.
ARTICLE.VIII
LIABILITY INSURANCE
The parties hereto agree to obtain adequate liability
insurance which
will
cover and
protect
the
City,
the
School
District and the Recreation Board. The School District and the
City will each carry liability insurance with the other named as
supplementary insureds in an amount equal to the maximum
liability set forth in Minn. Stats. 466.04, as the same may be
amended from time to time.
- ARTICLE IX
DURATION
Section I. Continuing Existence; Termination. This
agreement and the Recreation Board shall continue in existance
from year to year until terminated at any time by mutual written
agreement of the School District -and the City, except as set
forth below.
Section 2. Change in Use. In the event that the School
District requires the use of all or a portion of Parcels 4 and 5
for educational purposes, within the first twenty years following
the execution of this Agreement, the School District will
-12-
the purposes of this Agreement taken as a whole can be made
operative. Should any provision be found unlawful, the School
District and the City shall attempt to agree upon an amendment to
this Agreement to replace the unlawful part.
IN WITNESS WHEREOF, the parties by their respective officers
on the date indicated hereon have executed said Joint Powers
Agreement.
INDEPENDENT SCHOOL DISTRICT CITY OF MENDOTA HEIGHTS
N0. 197, WEST SAINT PAUL, MN
Dated: - Dated:
-14-
EXHIBIT B
Barton-Aschman Associates, Inc.
1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421
T0: Iris Rock Wy - School District 197
Kevin Frazell - City of Mendota Heights
iir•-a OF r.ATHLETIC •• r aX DISCUSSIONS
The following list provides a concise outs i*+A of p*'imary discussion topics
between School District 197 and Mendota Heights. Please review and comment
to aid preparation for the joint meeting in January.
1. LAYOUT CONCEPT - As illustrated in the attached Figures 1 and 2, the
proposed facility improvements include construction of two lighted
softball fields, one ninth grade level lighted baseball field, two
soccer fields (one with lighting), a small. comfort station/storage
building and related improvements. Soils corrections would be made to
existing south campus fields exhibiting drainage problems and the
existing tennis cants would be lighted.
2. DEVELOPMENT COSTS - Table 1 summarizes the parcel acquisition,
angering and construction costs associated with the athletic complex
development. Benefitting parties are acknowledged per line item.
3. SCHEDULaiG COMP TI111 ITY - Information provided by the school district,
Mendota Heights and Mendota -Eagan Athletic Association has indicated no
specific event conflicts. Facility use projections anticipate that the
athletic facilities would be used seven months annually from April
through October. During this period, school district events generally
occur prior to 6:00 P.M. whereas community and Mend -Eagan Athletic
Association activities occur after 6:00 PJL or on weekends. Figure 3
illustrates the scheduling compatibility. -
4. SCHEDUZSNG COORDINATION -The athletic facility's events can be
ac•hcr3„1ed by the school district's community education department The
school district projects that a part-time staff will be required at
$8,500 annually.
5. MAIRrENANCE - School District 197 is willing to maintain the additional
facilities with financial subsidy by Mendota Heights. Approximately
1.5 persons will be required during the seven month peak use period
0
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FIGURE 2
SIBLEY ATHLETIC COMPLEX PROPOSED LAYOUT ALTERNATE 3
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SCHOOL DISTRICT LAND DISTRIBUTION
OBarton-A►schman Associates, Inc.
EXISTING SOUTH CAMPUS
FIELDS/COURTS 11.3 ACRES
FIGURE 4
Barton=Aschman Associates, Inc.
Therefore, we can assume 200 to 300 lighting hours annually with the
energy cost calculated in the following manner.
(200) x $29.83 = $ 51966
(300) x $29.83 = $ 8,949
Based on the above assumptions, anntmi energy costs would range between
$6,000 and $9,000,
It should be noted that the demand for lighting of each facility type
will vary considerably and therefore will increase or decrease energy
consumption. Calculations are based upon a 480 volt system with a
metal halide light source with and electrical rate of 0.11 cents per
kwh.
10. nrvrFmm�mr� TIMING - As illustrated in Figure 5, four alternative
referendum dates were assumed as February, March, April, and May of
1987.
Six major considerations are key to project scheduling and determining
when the facilities would be open for use. A summary of these factors
follows:
B. Project Detail Design - We anticipate -`that detail plans'and
specifications for the athletic complex could be completed in a
time frame abbreviated to eight weeks. This interval is
considered a minimum time period and could be potentially affected
by engineering constraints, which are unknown as of this date.
D. Property Acquisition -Acquisition of vacant and single family
properties will be required to implement the athletic complex.
This acquisition caAd be initiated immediately upon a successful
vote with the approval of the Park Board and City Council.
Property acquisition could occur in one of three circumstances.
These are:
assumedof parcels currently designated as having first right of
refusal for the school district. We have
sequence•periccL
�artonmAschman Associates, Inc.
property. In this situation, appraisals of the property
be completed fz which a market value would be determ
As this process would normally take longer than the 10 w
allattedt it would extend the project schedule.
-o Condemnation - A direct condemnation would occur where the
exist property owner is an unwilling seller. In this
situation the city has the authority to condemn the property
for public good. The length of condemnation is contingent
upon a the number of legal variables. Undoubtedly, this
circumstance would greatly lengthen the development sequence.
E. Project Construction -Construction of the athletic complex is
related to the time of year in which the construction takes place.
We have assumed that the contractor will be given a notice to
proceed within two weeks of the bid award. If the contractor can
conduct his activities during the principal summer months, his
construction activities will be the most concise. Activities
extended into more than one construction season, for example fall
and spring, would expand construction activities.
F. Turf Preparation - Grass seeding a� the maturing of tarp previous
to actual field use is once again contingent upon the season in
which seeding occurs. Preferred seeding dates are April 15
through June 1 or August 15 through September 10. Once seeding
has occurred, turf establishment will require up to four months
previous to use, depending upon time of seeding and climatic
conditions.
dramatically varies with the proposed referendum datp.
when reviewing the attached sche&ae, please keep in mind that timing
controlled or identified at this time.