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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 1`4 SOCCER sROAo JUMP HIGH JUMP Mw...a 60FTBALL BOMER wary uwy Npn �� SSFTBALL w...0 S�SEBALL FIGURE 2 SIBLEY ATHLETIC COMPLEX PROPOSED LAYOUT ALTERNATE 3 ®Yrbn-AsdnrAa�oafw��.tAe. WoMMer S, 1986 0 {GU W N D W U W cc a i 1- W .J Q t/N W J to HE ,Of WImudD W o �: IMEM'. ~ o. aui uj � 41 U) >: lC!iz � z tii In (� / v j v VA ci '. pppp `. • �'r. J J Y J W m m Q z m U W F- 1- u O O O m m a) u- '2 1L � L :s � z w O Z } W Y C ... MARIE AVENUE "t.' SOFTBALL 1, 11 EXISTING SOCCER, TRACK y Itcc " i AND FIELD 6.6 ACRES 1 _ ( C ES ilimitto + / t I�ft / UNDEVELOPED PARCEL EI— _ .�: t •� = 8.1 ACRES [ :I: _ i + _' toEXISTING PARKING `; 11 to titil- /.o. .. ' 190 SPACES, 3.3 ACRES pp Iti lio It w ;to I It It It �It oo � ,`�', •s. y — Cot ....'.�;It. };m _`t: `NRY SIBIFY HS.' ..y ;— •1'i i' S w III go s = .1 Iwo 0 to a00 FMit I II It to ^y:£ : •` _ _ _ :",•?c_- 4 It i,` --� too IN — to I { I to I 00 j , ,�::: J me w IN It 1%4 do __to I i v Y ..w<l:l_ 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.