1989-10-24 Parks and Rec Comm MinutesCITY OF MENDOTA HEIGHTS
PARK AND RECREATION COMMIS:
MINUTES, OCTOBER 24, 1989
A special meeting of the Mendota Heights Park and Recreation
Commission was held on Tuesday, October 24, 1989 in the City Hall
Conference Room, 1101 Victoria Curve. Commission Chair John
Huber called the meeting to order at 7:40 P.M. The following
members were present: Damberg, Huber, Katz, Lundeen and Spicer.
Lachenmayer was excused. Absent: Owens. Staff members present
were Parks Project Manager Kullander and Administrative Assistant
Batchelder. Dave Ayers and John Nowlin were in the audience.
i ��:lZ�l+f 1ti7�uii�tiYY�9
Commissioner Spicer moved approval of the
minutes of October 10, 1989. Commission
Chair Huber seconded.
AYES: 5
NAYS: 0
Commissioner Lundeen moved approval of the
minutes of September 12, 1989. Commissioner
Spicer seconded.
AYES: 5
NAYS: 0
UPDATE ON CONSULTANT
SELECTION
Parks Project Manager Guy Kullander gave a
brief update on the progress of the contract
being worked out between the City and Barton-
Aschman. Kullander stated that the City
Attorney and Barton-Aschman should have the
details worked out soon and that as soon as
the Council has awarded the contract, he will
let commence the design work for Victoria
Highlands Neighborhood Park and the landscape
design work Hagstrom-King, Ivy Hill and
Rogers Lake parks.
Kullander stated that the City was beginning
negotiations with Mendakota after receiving
its appraisal. He stated the City Is
appraiser had valued the land at $583,000,
which included $100,000 in current
assessments.
Administrative Assistant Batchelder stated
that the City Council had agreed to appoint a
five member committee to negotiate with the
School District on the Sibley site, if it was
ARCHITECTURE COSTS
necessary. Batchelder stated that Acting
Administrator Danielson and Councilmember
Blesener had met with Bruce Anderson and that
they are discussing ownership issues after
development would be completed. He stated
that the issue was whether the City would
retain ownership of a portion of the Sibley
site or whether a long term lease agreement
could be worked out.
Commissioner Spicer suggested that there were
many municipalities in the area that had
similar joint use agreements, such as North
St. Paul, Eagan and Apple Valley.
Commissioner Damberg inquired that if the
negotiations work out with Mendakota and the
City acquires the land, then does the City
still do Sibley. Commissioner Spicer said he
felt that the original intention of the
Ballfields sub -committee was to acquire three
sites and develop two as active parks and one
as a practice facility that would only be
graded. Kullander stated it was his
understanding that the City would acquire
three sites and that development money for
the third site would come out of Proposition
2. Chairman Huber asked for regular updates
on Sibley and Mendakota negotiations.
Parks Project Manager Kullander stated that
Kodet Architecture had been taken out of
Barton-Aschman's proposed contract. He
stated that a 10% fee of construction costs
for each building in the active parks would
be charged by Kodet. He stated that
originally the first building would have a
ten percent fee, and the additional buildings
would be a reduced fee. He stated that
because each building would have different
uses that they could not be designed from the
same scheme, thus each building would have a
10 % fee.
Commission Chair John Huber stated that
during the negotiations with Mendakota that
some cutoff point should be elaborated in
order that an acquisition cost not eliminate
other items in the referendum. He stated
there is a certain level we can afford
without killing other items in the
referendum. He stated that as the dollar
costs are coming in during the current design
AYES: 5
NAYS: 0
CURLEY TOT LOT
phase it is apparent that they are high and
that there is little room to maneuver within
the budget.
Commissioner Spicer made a motion to advise
the committee working on the negotiations
with Mendakota that they realize the budget
is tight and that any contingency monies are
extremely limited. Commissioner Damberg
seconded.
Parks Project Manager Kullander inquired of
the Commission that if City Council approves
the contract with Barton-Aschman, should the
City staff release the work listed in the
contract and discussed earlier. Commission
Spicer stated that he believes it to be a
priority to begin this work. Commission
Chair Huber polled the Commissioners and they
were in unanimous agreement that this work
should be released.
Parks Project Manager Kullander inquired
about what the $4,000 in enhancements
dedicated to the tot lot in Valley View
Heights was to be spent on.
Dave Ayers, Valley View Heights resident and
representative, stated that the neighborhood
wanted landscaping that included regrading,
black fill dirt, removal of large
rocks/debris, sodding and seeding and some
shrubs or trees towards the back of the park.
Kullander and Ayers discussed the
enhancements including signs, picnic benches,
bike racks, fencing, benches, fitness
stations, open areas, and cautionary measures
to keep children from sliding in the winter.
Mr. Ayers prioritized the enhancements as:
1. Split rail fence to define the front and
side.
2. Minimal landscaping.
3. Picnic benches.
4. Bike rack.
Kullander stated that fixing the drainage
problem would come out of the Parks
maintenance budget, as well as the picnic
benches, which are purchased on an annual
basis. Mr. Ayers requested to be informed
prior to construction what improvements were
to be built and the final cost.
VALLEY VIEW HEIGHTS
PARK
Mr. Ayers stated that the neighborhood wanted
the park named Valley View Heights Park.
Commissioner Katz stated that this was in
line with the concept of the other parks
being named after the neighborhood they are
in. Commissioner Katz made a motion to
change the name of Curley's Tot Lot to Valley
View Heights Park.
Commissioner Spicer seconded the motion.
AYES: 5
NAYS: 0
FRIENDLY HILLS TOT
LOT
Parks Project Manager Kullander presented an
April 19, 1983 memorandum from the City
Attorney regarding Friendly Hills Tot Lot.
(See attached memo) Kullander stated that
the current play equipment is a severe
liability hazard and it would be in the
City's best interest to remove the equipment.
He also stated that the City had, in the
past, explored ways of vacating the land.
Kullander stated that he felt this was a good
time for the City to clear title to the land,
sell it and put the money into the Parks
Fund. He stated that adjacent neighbors
would oppose this action by the City. He
stated that option three in the attached memo
would be the most feasible.
The Commission discussed the options in the
memo. Commissioner Katz stated this land was
feasible for a garden club but did not hold
much interest as a tot lot with all the new
equipment that would be going into Friendly
Hills Park which is only a block away.
Commissioner Spicer made a motion to
recommend that City Council:
1. Authorize removal of all the existing play
equipment at Friendly Hills Tot Lot; and
2. Bring action to "clear" title to Friendly
Hills Tot Lot, sell the land and authorize
the funds to the Parks Fund.
AYES: 5
NAYS: 0
SUPPLIERS OF PLAY
EQUIPMENT
Commissioner Lundeen seconded the motion.
Parks Project Manager Kullander explained
that he was in contact with five suppliers of
play ground equipment and that they had all
stipulated the City should give them a price
and they would design an optimum set of play
equipment for that price. Kullander
explained that this was a favorable situation
for the City because it would eliminate a
competitive bid situation and that each
supplier would give a little extra in the
hopes of getting more parks. Kullander
explained that this also saves the City on
contingency as we only have to design limited
specifications and the play equipment
companies incur most of the design costs.
Kullander asked the Parks Commission for
direction in the type of base material they
would like to have with the play equipment.
He explained the differences in sand, pea
gravel and rubber matting and how they affect
liability issues. Kullander discussed the
play equipment specifications with the
Commission. Commission Chair Huber requested
that the Commission be given a range of
materials to consider, from wood to metal.
Members of the Commission expressed that the
new structures should blend in with existing
parks and did not desire brightly colored
units. The Commission agreed that some
accent color would be acceptable but "loud"
or "brassy" colored units were not
desireable.
The Commission also stated that the play
equipment should deliver to the whole range
of kids, from toddlers to 12 year olds.
The Commission reached consensus that only
$17,500 should be specified as a price for
the play structures in each park. Kullander
stated that originally the Citizens Park
Review Committee had budgeted $20,000 plus
$4,000 in contingency for each play
structure. He inquired if it was the
NEIGHBORHOOD PARK
IMPROVEMENT
Commissions directive to only specify $17,500
for each park. The Commission's consensus
was yes.
Kullander stated that the play structure
suppliers who will be visiting each park
before they submit a design proposal should
give us there opinions on the location of the
new structures, as well as, the usefulness of
our existing play equipment. he stated that
if our existing units are worth saving these
would be incorporated in their overall design
for each park. He stated that new timber
edging and sand or gravel base would be
included.
Kullander discussed the line item
improvements of each park with the
Commission. He stated most of this work
could begin in the Spring except for
improvements to playfields.
Rogers Lake Park
Halfcourt basketball, volleyball, horseshoe
it, new play structure, regrading, improve
existing trail, and additional landscaping.
Paving of the driveway and parking lots would
not be done at this time.
Marie Park
Pave parking lot and drive, put in halfcourt
basketball, a new play structure. The need
for a small section of trail and additional
parking were discussed and will be decided on
after the location of the new play structure
is determined. Fencing in the outfield
around the pond was discussed and Kullander
was requested to look into the possible use
of collapsible fencing.
Friendly Hills Park
Discussion included the halfcourt basketball,
new play structure, landscaping and
enlargement of parking area, the need for a
storm sewer through the park so fields could
be leveled and the need for trails along
Decorah and through the park to connect to
trail coming from Mendota Heights Road.
Since adequate funds were not allocated for
the trail or storm sewer it seemed
appropriate that money from sale of Friendly
Hills Tot Lot could be used for these two
items.
Valley Park
The need for outfield fence and field
improvements were discussed. The locating of
the new play structure is difficult due to
the limited amount of space. Removing of
trees along Marie and filling in of the
existing ditch were discussed as a way to get
additional area. Locating a halfcourt
basketball court will be difficult due to
limited space. It was determined that this
use could be eliminated from this park since
a court will be built at both Marie and
Victoria Parks which are both less than a
half mile away.
Ivy Hills Park
Three location possibilities exist for the
new play structure. A trail will connect to
Butler on the north and Maple Park on the
south. Exact alignment will be determined
once the play structure is located. The half
court basketball can be built in the south
portion of the park, as well as, additional
off-street parking. Staff was instructed to
make contact with the Ivy Hills and Ivy Falls
homeowners association to see if they were
still interested in the City acquiring the
open space adjacent to the park. This area
could be developed as a permanent soccer
field which would allow fencing and other
improvements be made to existing play field.
additional landscaping improvements are also
planned.
Wentworth Park
Paving of the parking lot and drive would not
be done now. once location of the new play
structure was selected the siting of the
halfcourt basketball pad would be done.
Existing bituminous trails will be widened to
8 feet and new trails would connect to 1st
Avenue and to Wentworth Trail. Additional
landscaping improvements will be determined
later.
FRIENDLY MARSH PARK
TRAILS SYSTEM
Kullander informed the Commission that a
floating boardwalk through Friendly Marsh
would be very expensive and could exceed
$75,000 when the cost of a 40 foot bridge was
included. This path would also adversely
impact the Wetland. Because of these high
costs it was determined that staff would
contact Dodge Nature Center for help and for
information before proceeding with any
improvement plans or proposals.
NEW PARKS
The Mendakota neighborhood park will not be
addressed until it is determined if the City
will acquire more land for an active play
park. Hagstrom-King park will need
additional landscape improvements as well as
extensive grading and top dressing of the
playfield. As with the Mendakota site, the
neighborhood amenities for the Kensington and
Sibley sites will wait until we have control
of the land and our consultants are doing
preliminary design sketches.
Kullander explained that the engineering and
design work being done by City staff was in
motion and that it appeared the City could
complete 7 miles of trails in 1990. The
Commission reached consensus that it would be
appropriate to have signage indicating "You
are here" throughout the trail system.
Commissioner Spicer stated that this would be
appropriate for our 11 parks.
Kullander suggested we address the entire
signage question at a future meeting.
ADJOURN There being no
further
business the
meeting
was adjourned at
9:50 o'clock
p.m.
Respectfully submitted,
Kevin Batchelder
Administrative Assistant
>i , /�43 1
SHERMAN W OP
ROBERT R. TNE
HOMAS J. SEXTON
RICHARD A. NOEL
ROGER 0. GORDON
STEVEN C. UREN
HART HULLER
ON
THOMAS M. HART
1Z
RRON O NUTSON
+ LAS 8, ALTM NIY WIL'SON LE GGE
R OL
GIRARD P. MILLER
MICHELE D. AILLANCOURT
COLLINS M.
JONY J. HOGANSON
ALAN L. DWORSKY
JAY R. NAPTSGER
W I N T H R O P, WEINSTINE & SEXTON
ATTORNEYS AND COUNSELLORS AT LAW
IROO CONWEO TOWER
444 CEDAR STREET
SAINT PAU L, MIN NES OTA 55101
April 19, 1983
�,,,,- Orvil Johnson
A+Iministrator
Il�udota Heights
h Plaza Drive
Mendota Heights, Minnesota 55120
Re: The following described property situated in Mendota
Heights in Dakota County, Minnesota:
Lots 3, 4, 10 and 11 in Block 18, Friendly Hills Re-
arrangement.
Dear Orvil:
(612) 292-9110
You
H
have inquired
as to the right of the
City of Mendota Heights
to
dispose of the
above property which is
commonly referred to
as
the Friendly Hills
"Tot -Lot."
lra property in question is in the name of the City of Mendota
heights. According to our information, at the time of the
filing of the Friendly Hills Rearrangement Plat, a Declaration
setting forth certain covenants and restrictions was also filed
which provided that this property was to be used for a "play-
ground area or for development as a school location or for a
public park or for other public uses or purposes, all as may be
permitted under the zoning ordinances of the Village of Mendota
Heights, Minnesota."
The formal Declaration provides that the covenants and restric-
tions continue for a twenty-year period and then are auto-
matically renewed for successive five-year periods unless at
least 65 percent of the owners of the lots in Friendly Hills
Rearrangement agree to their cancellation or modification.
yr. Orvil Johnson
Page 2
April 19, 1983
It would appear to us that there are three possible alternative
Weans of "eliminating" the application of these restrictions to
this property. These alternative means are as follows:
1. The cancellation or modification of the covenants
pursuant to the terms of the formal Declaration. That would
equire the consent of the owners of 65 percent of the lots in
.he Friendly Hills Rearrangement Subdivision,
2. A condemnation proceeding by the City of Mendota
Heights could be brought for the purpose of "taking" the interest
of the Friendly Hills Rearrangement Subdivision property owners
I
n this particular property. We would assume that every owner
of a lot in the Friendly Hills Rearrangement Subdivision would
have to be joined as a respondent in any such proceeding.
3. The City could bring an action to "clear" title to
the property in question. The court in such a proceeding would
have to determine what type of notice would have to be given to
the owners of the lots in the Friendly Hills Rearrangement
subdivision. While there is no guarantee of how a court would
'c;termine that issue, it is possible that in view of the cir-
<-uinstances, a court might simply require published notice or
possibly only mailed notice rather than personal notice on all
property owners.
From a practical point of view, it would appear to us that if
the City did determine to dispose of this property, the most
practical and feasible means of eliminating the outstanding
restriction would be by bringing an action to clear title in
the manner set forth in paragraph 3 above.
If you have any questions or desire any additional information
in this connection, please do not hesitate to ask.
Sincerely yours,
WINTHROP, WEINSTINE & SEXTON
By - '+'---
Sherman Winthrop
SW:srl