Loading...
08/16/1994 - City Council SpecialAGENDA SPECIAL CITY COUNCIL MEETING Tuesday August 16, 1994 5:00 p.m. Eagan Municipal Center Building I. ROLL CALL & ADOPTION OF AGENDA II. EAGAN CIVIC ARENA FUNDRAISING COMMITTEE III. OTHER BUSINESS IV. ADJOURNMENT city of eagan TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 12, 1994 SUBJECT: SPECIAL CITY COUNCIL MEETING/TUESDAY, AUGUST 16, 1994 A Special City Council meeting is scheduled for Tuesday, August 16, 1994 at 5:00 p.m. for the purpose of meeting with members of the Civic Arena Fundraising Committee to receive their report and discuss future steps for proceeding ahead with the civic arena and wading pool project. The Committee would like the Council to arrive by 4:45 p.m. at the newly erected sign on Pilot Knob for a photo. EAGAN CIVIC ARENA FUNDRAISING COMMITTEE The Eagan Civic Arena Fundraising Committee has asked for time on a special City Council workshop agenda to discuss the status of their campaign. Their campaign is broken into three (3) parts: 1) cash received, 2) total cash pledges and 3) other which includes donation of service or "sweat equity" which convert to a savings /monetary value. At a special meeting held on June 29, 1994 with Mayor Egan, Director of Parks & Recreation V'raa and the City Administrator, the total commitment, based on the total of the three (3) categories, was near the $600,000 community match. The Civic Arena Fundraising Committee will present the results of their campaign to the City Council at the meeting on Tuesday. Design Development Following the Civic Arena Committee's presentation, Jeff Hensel and Paul Dahlberg will provide an update on the arena /wading pool planning. The building has been sited and floor elevations determined. Minor revisions have been identified for the interior space layout of the arena. The architects are now looking at exterior finishing and would like some discussion relative to expectations as to appearance of the facility. Additional direction concerning the wading pool is also being sought. Restrooms must be located within 50 feet of the wading pool, which would dictate the location of the pool immediately adjacent to the arena. (The arena can provide for restrooms via an exterior MEMO door to the building.) However, in locating the pool adjacent to the building, future expansion may mean the wading pool would have to be removed. There is also a concern that if the arena becomes operational with summer ice, the use of the restrooms for the pool and for ice will present a conflict. A "separate" facility for pool filtration and water sanitation must also be provided. It is expected the firm will provide a cost update on the arena and the wading pool options on Tuesday. Support Information Enclosed on pages 3 through a is a copy of a document entitled, "A Blueprint for Tomorrow" that was prepared by the Eagan Civic Arena Fundraising Committee and used for presentations to various corporate and community groups. This information highlights the project, purpose of the project and how it was presented to the community by residents contributing /supporting the efforts of the Civic Arena Fundraising Committee. Expectations The Civic Arena Fundraising Committee is expecting to ratify their fundraising commitment and ask that the project proceed so the building is operational in the fall of 1995. If it is the desire to meet a late September or October 1 opening, it would be necessary for construction to begin April 1. This would require the preparation of detailed plans and specifications and bidding to be completed with award of contract by March 1, 1995 (if not earlier). Competitive Bidding The Mayor and City Administrator were recently contacted by Mike Gresser regarding his willingness to construct the project at a very favorable price which would be "negotiated." Mr. Gresser has indicated that a recent change in State laws would permit this to occur. The City Attorney's office was asked to respong vy h a memo in this regard. That response is enclosed on pages 120 through OTHER BUSINESS JS/ Thomas L. Hedges City Administrator There are no additional items at this time for Other Business. v 1 A/ A Blueprint for Tomorrow 3 "A Blueprint for Tomorrow" Eagan Civic Arena Project �f INTRODUCTION t EEagan, hroughout its history, has been concerned with the individuals, families, and businesses P community. It has, since its humble beginnings as a township over 130 years ago, strived for and achieved its goal to provide the best possible resources. Recognition o came 10 years after incorporation when, in 1984, Eagan was named a "Star Ci f this Minnesota Department of Energy and Economic Development, ty" by the The need to provide a community and recreational resource has never been rea recognized with the growth of Indus g ter. We have We recognize with the growth in households and population there who recreational facilities. adults and families. And, as we continue to grow, the need for organizat me a nor youth, auditorium -style seating, and other facilities will also continue to grow. eting space, In order to address these challenges, the City of Eagan through the City Council 2 1993, earmarked $1.4 million from the city's Community Investment Fund for the Eagan March jc Arena. In essence, we have chaIIenged the commercial and residential commu Fagan come together with the city in a "public and private mty to come needed from our corporate and community partnership. " To begin the project, $600,000 is community effort. ty citizens• The success of the project will be a total The campaign will be a success for two very Pat Dill and Doug Franzen, the general chairpersons sons s a ong the a calibre of le of the Fundraising Committee represent the corporate, civic, and educational leadership hi needed in the other emede of the campaign. These people recognize that investing in the future of Eagan is also an inve that benefits their families, employees, and others. Accordingly, both have been am Sent to make sizeable commitments of their money and time to ensure the atta' the $ the first Inment of the $600,000, Furthermore, the campaign will result in building an arena that all persons will benefit from. Our citizens will invest in the campaign because they realize the objective is not the money. The funds are only a vehicle, the tool needed to assist us all in reaching to raise the goal of providing the best community possible. Please join us in this challenge and campaign. It is an opportunity to participate of Eagan, your future, and provide A Blueprint For Tomorrow. in the future Sincer Thomas Egan Mayor FOREWORD The challenges and unique opportunities brought forth during a time of growth in an individual's life, the life of a company, or the life of a community are often very special. It is during these those times of growth, expansion, and challenge that we most need to look to the future. We must not only plan for today, but we must build for the future as well. In other words, we must have a "Blueprint For Tomorrow." In 1980 the City of Eagan had a population of 20,700 people. Today, the population is over 50,000 which demonstrates a growth rate of over 130 percent in the past 12 years! To meet this growth, we have provided the best possible industrial parks (with over 3,000 acres) to accommodate a desirable industrial base, incentives that result in a receptive climate for small and large businesses alike, and city accommodations to meet these business needs. Our focus has been on building a strong industrial and business relationship with the city. We will continue to encourage and enhance this. However, now is the time we must turn our focus and begin to build for our families, our children, and ourselves. Eagan was incorporated in 1974. Twenty years ago, with a population of 14,000, it was difficult to visualize what would be needed going into the 21st century. Today, it is clear. With over 30 percent of the population under 18, with 17,500 households, and with 16 industries that employ over 100 persons, we must provide the means to meet the civic and recreational needs of our community. The City of Eagan, through the city's Community Investment Fund has provided a $1.4 million challenge grant to build the Eagan Civic Arena. You, as a potential supporter of the Civic Arena, hold our future in your hands. This document describes the range and scope of project, its impact on our area, and the specific goals we have. The realization of these goals, through the BLUEPRINT FOR TOMORROW: Campaign for Eagan, will propel us into the next century. These goals and the challenge by the city represent sound planning which is both realistic and valid. Does that mean we will reach our $600,000 goal? With your help, Yes! We are confident you will want to support us in this endeavor. Furthermore, we believe that if everyone supports this to the best of their ability, we will not only meet the $600,000 goal, but will exceed it. For these reasons, it is with dedication and great enthusiasm we invite you to join us in making this campaign a success. Sincerely, Pat Dill Doug Franzen Co -Chair Co -Chair 6 MISSION EAGAN CIVIC ARENA The proposed Eagan Civic Arena will be used for organized and informal activities which provide recreational, educational, social and learning opportunities for all residents of and businesses in the community. WHY ARE WE HERE? • Between 1980 and 1992, the City of Eagan was the fastest growing suburb in the Twin Cities with the population increasing from 20,700 to over 50,000 today. • With that growth, the medium age of the City population decreased to 28.9 years, with over 30% of the population being made up of school age children. • A growing community requires service centers to meet the needs of it's constituents. • Currently the City maintains over 50 parks and 75 miles of trailways, which makes the City of Eagan very progressive in what "The City" has to offer its' citizens. • Using the best data available, Eagan meets or surpasses per capita recreational equivalents of most Twin Cities suburbs. However, there are two categories where the City of Eagan lags behind comparable suburbs in the Twin Cities. Those two categories are... • Multi- purpose indoor arena • Outdoor swimming facilities 2( THE CAPITAL CAMPAIGN The comprehensive City Capital Improvement Program includes in it $ 4,900,000 for park /recreational development between 1992 -1996. The plan, adopted by the council (March 23,1992), recommends the construction of a multi - purpose arena /swimming pool complex. Funding, however, becomes an issue. The City Council earmarked at their March 2, 1993 City Council meeting $ 1,400,000 of public dollars from the City's Community Investment Fund, if the community can raise $ 600,000. This is the reason we are here today soliciting your help. The capital campaign for the Eagan Civic Arena, which will raise $ 600,000 in gifts and pledges, has been authorized by the Eagan Arena Fundraising Committee. The solicitation period will begin in the fall of 1993 and conclude in the spring of 1994. The campaign will be divided into four district phases: • Pacesetting Gifts • Special Gifts • Facility Gifts • Community Gifts The Pacesetting Gifts solicitation will begin by calling on several prospects in the summer of 1993. However, the majority of the solicitation will take place in the fall. The Pacesetting Gifts Committee, made up of ten to twelve volunteers, will be calling on corporations, industries, foundations, and service clubs within the area. The goal of this committee is to raise $ 400,000. Special Gifts has a goal of raising $ 140,000 from the businesses and professionals within Eagan. This division will kick off in the later part of 1993 and extend through the winter. There are many items within the facility that could be a "gift in kind" or additional items needed that are not included in the cost of the facility. Therefore, a third committee, Facility Gifts, will be formed to secure these types of gifts. The campaign will also include a Community Phase. The solicitation of this phase will take place in the spring of 1994 The campaign is directed by Campaign Consultants of America, Inc. and will follow proper campaign and office procedures. All individual pledges will be confidential and secured within the campaign office. PUBLIC /PRIVATE PARTNERSHIP The City of Eagan has committed $1,400,000 in funding, when the Community contributes $600,000. - 2.3 TO 1 MATCH! - 70 % OF THE GOAL 2,000,000 1,900,000 1,800,000 1,700,000 1,600,000 1,500,000 1,400,000 1,300,000 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 /o AMENITIES LOCATION Southwest corner of Eagan Municipal Campus, adjacent to the City Hall and Public Library. The location ties into the existing pedestrian and bike trail system. ARENA Will provide space for a regulation size ice sheet and a variety of dry floor events as noted on the next page. WADING POOL Specifics to be determined in accordance with state regulations. MULTI - PURPOSE ARENA The Eagan Civic Arena will provide for an unlimited number of uses that could include social, business and recreational opportunities... Sports/Recreation Archery Basketball Exercise Classes Gymnastics Hockey Indoor Soccer Ringette Roller skating /Blading Baseball Indoor Tennis Walking /Running Track Indoor Practice Facility Shows Animal (cat, dog, horse) Antique Collectibles Flea Markets Home Shows Sporting Goods Vehicles Scout Jamboree's Trade Shows 02 Annual Gatherings Banquets Business Seminars/ Workshops Conventions Dances Picnics /Parties Religious Meetings Commencements ESTIMATED PROJECT COSTS Roof Panels /Beams $686,360 Electrical, Heating /Ventilation, Plumbing, Etc .. $339,900 Refrigeration Systems $345,000 Doors, Windows, Tile, Flooring, Etc. $170,000 Dasher Boards /Netting $117,000 Other (side walk, elevator) $54,000 Constructions Management /Design Fees $123,500 Sub -Total $1,836,460 Pool Estimate $100,000 Contingency $63,540 Total „ $2,000,000 /3 PRO -FORMA OPERATING COSTS As the facility will be debt free when it opens, city staff projects all operational expenses will be met with operating income. Rates for the use of the facility will be competitive with surrounding communities and established at a level which meets operational costs. ECONOMIC IMPACT FOR COMMUNITY - Immediate... • Capital investment of $ 2,000,000 into community from which we all benefit. • Creation of construction jobs for duration of project. Continuing... • $200,000 -- $300,000 impact for out of town visitors for youth hockey /ringette /indoor soccer tournaments and ice shows. • Full and part -time employment. • Corporate social events. • Skating schools • Hockey camps • Soccer camps • Ice shows • Expo's / ARENA Projected user fees (per hour): Twin Cities Eagan Range Prime Time $ 110 $ 95 - $140 Off Peak Time $ 75 $ 60 -$75 Indoor Soccer Time $ 85 $ 55 - $110 Public Skating Time $ 2.50 $ 1.50-$2.50 EVENTS Hourly rate consistent with the marketplace TBD TBD MP POOL Hourly rate consistent with the marketplace TBD TBD 1994 1995 1995 WHY ARE WE HERE? • You are concerned about our youth. • You are concerned about our community... - amenities for all ages - what it has to offer • To solidify your public /private partnership with the City of Eagan. WHAT WILL YOUR INVESTMENT DO FOR YOU? • Solidify your position as an involved corporate citizen. • Enhance your support for our community. • Improve on the business environment in Eagan. • Improve the living environment for your employees. • Enhances your employee's sense of community ownership. • Make Eagan a better place to "call home ". OPPORTUNITIES FOR INVESTMENT Civic arena will be named for an individual or corporation $ 300,000 Dasher Boards /Player Boxes $ 120,000 Team Rooms (4) $ 75,000 Scoreboard $ 75,000 Advertising Panels (five years) $ 25,000 O 0 .�. ARENA CONSULTING t CONSTRUCTION, INC s P.0 Box 1311327 Roee•ilk. Iltnnerot• SSII3 -0015 EAGAN ICE ARENA EAGAN, MINNESOTA a co..- t ssiaa V R • -• . I R • • �' MUUMUU UN Minh _ J I III z 'o . Q, :o , IIIIIIuIu IIIIIOIIII nlulmnndl 111111111111111 dine! 11 or — ----�� wr -v. O 0 .�. ARENA CONSULTING t CONSTRUCTION, INC s P.0 Box 1311327 Roee•ilk. Iltnnerot• SSII3 -0015 EAGAN ICE ARENA EAGAN, MINNESOTA e 5 +• r •• • •• t• .•• 3 2 1= I II V .C' M .f" �. e • IIIIAIIIt1uI1 11111111111111 1111111IUP 11111111111111 e 37'.0 IFITU ARENA CONSULTING & CONSTRUCTION, INC P.0 Box 131627 Roseville, Yinnesote 55113 -0015 /? EAGAN ICE ARENA EAGAN, MINNESOTA IOC .C 'OW 0 .••.0 -e- 'o zgRpoP pR e.r A! NO 13)C2 OAR. efe OR .w • 0 MEMORANDUM TO: Tom Hedges, City Administrator FROM: Mike Dougherty, City Attorney DATE: August 4, 1994 RE: Competitive Bidding - Civic Arena Project Our File No. 206 -12100 In response to your inquiry regarding any recent laws enacted by the 1994 Legislature with respect to the requirement for competitive bidding, our office has been unable to identify any new provision impacting the need for competitive bids for the construction of the civic arena. Minn. Stat. §412.311, which governs the City of Eagan, provides in part: Whenever the amount of a contract for the purchase of materials or equipment or for any kind of construction work undertaken by the city is estimated to exceed [$25,000.00] the contract shall be let to the lowest responsible bidder. . . Minn. Stat. §471.345, Subd. 3 states that: If the amount of the contract is estimated to exceed $25,000.00, sealed bids shall be solicited by public notice in the manner and subject to the requirements of the law governing contracts [for the City of Eagan]. . . Neither of the above statutes which apply to the construction of a civic arena were modified or altered by legislation in 1994. Unless the contracts for the construction of the civic arena can be viewed as falling outside of the above - referenced statutes, it is our opinion that competitive bidding is required. To understand how the construction may fall outside of the statutes, I refer you to an opinion of the Attorney General in response to an inquiry by the attorney for the City of Paynesville (AG Opinion 707A -15 (September 14, 1987)). The City of Paynesville had a need for a new city hall. A developer in the City purchased a commercial building and proposed to remodel the building to the specifications of the City and then sell the a o improved building to the City. A question arose as to whether the City was subject to competitive bidding requirements for the proposed remodeling and ultimate purchase of the building. The Attorney General opined that any contract between the City and the developer must be viewed in the entirety of the particular facts and circumstances, and if it is not a mere subterfuge to circumvent competitive bidding requirements the contract could possibly be treated as an acquisition of real property. Acquisition of real property is outside the competitive bidding requirements. However, the Attorney General's office did not categorically state that under the facts in Paynesville, that the contract fell outside of the competitive bidding. This was because there were a number of fact questions that needed to be further addressed, among them the nature and extent of the improvements, the estimated proportion of the total contract price which the improvements appear to represent, the land value versus the building value, and any alternatives available to the City to acquire the property. Unlike the situation in Paynesville, the civic arena is to be built on property presently owned by the City of Eagan and thus, Eagan is foreclosed from the ability to purchase an "improved" property. MGD /wkt Solicitor General TEL :612 282 - 5832 SEPTEMBER 1987 Opinions of the Attorney General Hubert H. Humphrey, I1I BIDS AND CONTRACTS: STATUTORY CITIES; RE- MODELING AND PURCHASE OF BUILDING: If pro- posed contract for remodeling sad perdue* of building for sue as city 11a* Is not (mere subterfuge to drtnorteat competi- tive bidding regrir.maati of Mlaa. Stat. $I 412.311 atoll 471.343 (1996), It tact be treated se essesgady its ac,alsitloa of real property *abide scope and application of Mole negairements, provided it is r.asottably determined to be in best taterests of city in accomplisbaseet of proper city objectives. Plana for proposed improvement of bundles would have to be approved by registered architect or engin- eer, subject to exemptions in Architects and Engiseen Registration Law. Mina. Stat. IR 326,02 to 3334.15 (1986), es amended. Op. Atty. Gen. 1110•3, November 15, 1919 - Ronald R. Fraucnshuh, Sr. September 14, 1981 City Attorney of Paynesville 707a -15 Ftauenshuh. Fahlberg tit Spooner Attorneys it Law 113 Washburn Avenue Paynesvilk, MN 56362 in your tettsr to Artorney General Hubert H. Humph- rey, III, you submit substantially the following: FACTS The City of Paynesvilk, a statutory city. has needed, for some time, a new city hall. The present structure is old and difficult to maintain and does not truly meet the city's needs. Recently. a developer in the city purchased a commercial building on railroad right of way by reason of the departure of one of our businesses. That developer has in fact con- ceived a plan for the use of the premises as a city hail that would meet all the apparent nods of the city. The proposal of the developer is that he complete, pursuant to the needs of the city and the request of the city, all improvements and sell the improved building to the city for a set sum estimated to be 5435,000.00. The city is cognisant of the fact that railroad permission to locate a city hall on the railroad right of way is necessary or. in the alternative, that the land itself be purchased from the railroad to make the project feasible. The proposed building is large enough to house all of the city's activities, including a public library and various public meeting rooms under one roof. The property has substantial storage capacity, and, in general, is felt to be a desirable piece of property by at least some of the members of the city council. Neither the proposal nor the final costs are set at the present time. In connection with these facts you submit substantially the following questions: QUESTION ONE is the city subject to competitive bidding requirements in the proposal remodeling and purchase of this building? OPINION We cannot give a categorical answer to this question in view of the factual determinations lavolved. Two statutes as Aug 04'94 10:47 No.007 P.02 Minnesota Legal Register (Attorney General Opinlons Issue) Pye? I n T h i s Issue .. . Subject Op. No. Dated BIDS AND CONTRACTS: Statutory Cities: Remodeling and Purchase of Building: 707a -15 9/14/87 impose competitive bidding requirements upon statutory cities, i.e., Minn. Stat. if 412.311 - [Contracts] and 471.345 (Uniform Municipal Contracting Law) (1986). Section 412.311 provides in part: Whenever the amount of a contract for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the city is estimated to exceed 55,000, the contract shall be let to the lowest responsible bidder, after notice has been published once in the official newspaper at least ten days in advance of the last day for the submission of bids, If the amount of the contract exceeds 51,000, it shall be entered into only after compliance with section 471.345. Section 471.345 states, in subdivision 3, that sealed bids shall be solicited by public notice if the amount of the "contract" is estimated to exceed 515,000,' A ''contract" is defined, in subdivision 2, as follows: A "contract" means an agreement entered into by a municipality for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. It will be noted that neither of the foregoing statutes purports to require competitive bidding in connection with the purchase of real property. Indeed, the acquisition of such property for a specific purpose is generally viewed as an inappropriate subject for the competitive bidding process. See Ambrozich v. City of Eveleth, 2.00 Minn. 473, 274 N.W. 635 (1937): 63 C.J.S. Municipal Corporations. f 996 b(2) (1950); Op. Atty. Gen. 59a -40, July 13, 1970, Accordingly, in order for the proposed contract to be subject to competi- tive bidding requirements it must be found to be a contract for "any kind of construction work" or for "the construc- tion, alteration, repair or maintenance of real property," as contemplated by sections 412.311 and 471.345, respectively. The Minnesota Supreme Court has indicated that a contract must be viewed in its entirety in determining whether it comes within the scope of bidding requirements. Thus, in Hubbard Broadcasting v. Metropolitan Sports. 381 N.W.24 842 (Minn. 1986) the court held that an agreement whereby a manufacturer supplied a scoreboard system for the Metrodome and, In return, was given the right to sell or lease advertising thereon, was not a contract for materials, sup- plies or equipment and, hence, was not violative of the competitive bidding requirements of section 471.345. Concluding that the agreement was more than a contract for merely materials, supplies or equipment, the court ob- - served that "(m)any of the features of the agreement are simply beyond any fait moaning of 'contracts for materials, supplies and equipment' within the statute." The court 'The competitive bidding requirements for statutory cities are governed by the dollar limitations of Minn. Stet. 1 471.345 (1986) rather than those contained in Minn. Stat. 1 412.311 (1986). See Op. Atty. Oen. 707. -I5, January 6, 1978. Solicitor General TEL :612- 282 -5832 Page 24 Minnesota Legal Register (ISSN 0026.5543) (USPS 331420) Published twice monthly by Minn. Ltasd Ite&lster at 412 Foahay Tower, 421 Marquette Avenue, Minneapobs, MN 55402. Malllna address: P.O. Box 3253, Minneapolis, MN 55403. Phone (612) 332.0726. Subscription rata: Attorney- Oenerel Opinions issue — 435. for 1987.0 (2 yrs.) Tax Court Decisions Will — 440. for 1957, Payabk in advance, Binds and index service included. Second -class postage paid at Minneapolis, MN 35401. Postmaster: Send address change to Minnesota Legal Resister, P.O. Box 3253. Minneapolis, MN 35403. Vol. 20, No. 17 further noted that public bidding provisions are to be construed narrowly and, consequently, "the contract being challenged must unarinbiguousIIy fall within the language of the public bidding statute." See also R.E. Short Co. v. City of Minneapolis, 269 N.W.2d 331 (1970, where a manage- ment agreement within a contract, under which the city was to construct a public parking facility in a development district to induce a developer to construct a hotel and trade mart complex on adjoining property and under which the developer wes to manage the rantp for 20 years, was not a contract for the "maintenance of real ... property" within the meaning of section 471.345. We think multi -part contract, such u the one proposed a under the facts herein, should not, in all circumstances and as a matter of law, be deemed subject to competitive bidding requirements solely by reason of the fact that it may include elements which, standing alone, would otherwise be deemed subject to such requirements. The contract should, rather, be viewed in its entirety in light of the particular facts and circumstances and, if it it not a mere subterfuge to circum- vent competitive bidding requirements,' it can, in our opin- ion, be treated as essentially an acquisition of real property 'See, e.e., Op. Atty. Oen. 469c -3, June 10, 1937, where a proposal that a villag contract with a party to construct a Are hall to be purchased rom that party by the village was viewed as limply "■ subterfuge to circumvent the bidding statute..." a Rug 04'94 10 :48 No.007 P.03 SEPTEMBER 1987 outside the scope and application of those requirements, provided it is reasonably determined to be in the beat interests of the city in the accomplishment of proper city objectives. This Involves various fact questions to be addressed, in the first instance, by the city council.' Among the relevant considerations would scan to be the nature and extent of the improvements to the property, the estimated proportion of the total contract price which the improvements appear to represent and the feasibility and practicality of any alterna- tives which may be available to the city. e.g., acquiring the property by eminent domain, or otherwise, and contracting separately for any necessary improvements. In view of the factual determinations which are essential to the resolution of your inquiry, we cosmos, as previously indicated, attempt to provide a categorical response thereto. QUESTION TWO Would the plans for the proposed Improvement of this building have to be approved by a registered architect or efSineer7 OPINION As we understand it, the City of Payneavilie has adopted the State Building Code. Accordingly, we answer your question in the affirmative by reference to Op. Atty. Gen. 10 -a -3, November 1S, 1979, and subject to the qualifications therein relative to situations exempted by the Architects and Engineers Registration Law, itself (e.g. where the preparation of particular plans by another person does not contravene the registration act). See Minn. Stat. •4 326.02 to 326.15 (1986), u amended.' A copy of the cited opinion is enclosed herewith HUBERT H. HUMPHREY, III Attorney General MICHAEL R. GALLAGHER Special Assistant Attorney General 'We do not, by opinion, attempt to make factual determinations. Op. Atty. Oen. 629a. May 9, 1975, 'T'he amendments include the elimination from Minn. Stat. { 326.03, subd. 2 (1986), of the exemptions applicable to certain undertakings where the cost does not exceed 5100,000. See Minn. Laws 1987, ch. 1, 4 1, tad ch, 384, art. 1, l 30.