THREE RIVERS PARK DISTRICT REGULAR BOARD MEETING. August 15, 2013

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1 THREE RIVERS PARK DISTRICT REGULAR BOARD MEETING August 15, 2013 Commissioners Present: Commissioners Absent: John Gunyou, Chair; Steven E. Antolak, Jennifer DeJournett, Daniel Freeman, John Gibbs and Penny Steele Larry Blackstad Staff Present: Boe Carlson, Acting Superintendent; J. Bowe, J. Brauchle, M. Dahlof, A. Gurski, H. Koolick, T. McDowell, J. McGrew-King, B. Nash, E. Nelson, F. Seymour, M. Sung, J. Vlaming, J. Zemke and L. Ziegler Others Present: Marc Dahlquist, President - Northwest Trails Association 1. OPENING BUSINESS A. Call to Order Board Chair John Gunyou called the meeting to order at the Administrative Center, Board Room, 3000 Xenium Lane North, Plymouth, MN at 5:04 p.m. B. Pledge of Allegiance C. Roll Call 2. APPROVAL OF AGENDA MOTION by Gibbs, seconded by Freeman, TO APPROVE THE AGENDA OF THE AUGUST 15, 2013, REGULAR BOARD MEETING. 3. SPECIAL BUSINESS A. Committee Meetings Starting Time & Rescheduling of October Board Meeting Consideration of Committee Meetings Starting Time The following motion was proposed: MOTION by DeJournett, seconded by Freeman, TO CHANGE THE STARTING TIME OF THE COMMITTEE MEETINGS FROM 8:30 A.M. TO 9:30 A.M. AND A CONCLUSION TIME OF 12:00 P.M. (NOON). After discussion, the motion was amended as follows: MOTION by DeJournett, seconded by Freeman, TO CHANGE THE STARTING TIME OF THE COMMITTEE MEETINGS FROM 8:30 A.M. TO 9:00 A.M.

2 Regular Board Meeting August 15, 2013 Consideration of Rescheduling the 10/17/13 Board Meeting Date to 10/24/13 4. COMMUNICATIONS The following motion was proposed: MOTION by Freeman, seconded by Steele, TO RESCHEDULE THE OCTOBER 17, 2013 REGULAR BOARD MEETING TO OCTOBER 24, 2013 TO ACCOMMODATE THE 2013 MINNESOTA EDUCATION ASSOCIATION (MEA) CONFERENCE. Five ayes, no nays, one abstention, MOTION ADOPTED Commissioner Antolak abstained. A. Special Matters (None) B. Superintendent s Report Acting Superintendent Boe Carlson reported on the following topic(s): Reminded Board Members that the September 3, 2013, Committee Meetings would start at 9:00 a.m. at Baker National Golf Course Clubhouse in the Rosewood Room. Acknowledged that staff will change the Board and Committee Meetings Calendar to reflect rescheduling of the October 17, 2013, Regular Board Meeting to October 24 th and the new Committee Meetings starting time. Acting Superintendent Margie Dahlof reported on the following topic(s): Reminded Board Members that a tour of the property located at 2700 Parkview Drive would follow the September 3, 2013, Committee Meetings. C. Citizens Wishing to Address the Board (None) 5. CONSENT ITEMS MOTION by Freeman, seconded by Steele, TO APPROVE CONSENT ITEMS AS FOLLOWS: A. 10-Year Capital Project Forecast MOTION TO DIRECT STAFF TO UPDATE THE 10-YEAR CAPITAL FORECAST BASED ON A PRIMARY GUIDING PRINCIPLE OF ISSUING AN AVERAGE OF $7-9 MILLION IN BONDS ANNUALLY, WITH A SECONDARY GUIDING PRINCIPLE OF PROVIDING, TO THE EXTENT POSSIBLE, A STABLE PROPERTY TAX LEVY.

3 Regular Board Meeting August 15, 2013 B. Hyland Snowmaking Project Funding Proposal MOTION TO APPROVE FUNDING FOR THE HYLAND PARK CROSS COUNTRY SNOWMAKING PROJECT TOTALING $6,375,000 FROM THE FOLLOWING SOURCES: METROPOLITAN COUNCIL LEGACY GRANT - $1,150,000 EXISTING PARK DISTRICT BOND PROCEEDS - $1,620,000 LAND ACQUISITION, DEVELOPMENT AND BETTERMENT FUND - $250, GENERAL OBLIGATION BONDS - $3,105,000 REHABILITATION AND MAINTENANCE FUND - $250,000. C. Authorization to Draft Legislative Consultant RFP MOTION TO AUTHORIZE THE SUPERINTENDENT TO DRAFT A REQUEST FOR PROPOSALS (RFP) FOR LEGISLATIVE CONSULTANT SERVICES, AND TO DEVELOP A TIMELINE FOR BOARD REVIEW AND CONSIDERATION. D. Minutes of the July 18, 2013, Regular Board Meeting MOTION TO APPROVE THE MINUTES OF THE JULY 18, 2013, REGULAR BOARD MEETING. E. Approval of Claims for the Period Ended August 1, 2013 MOTION TO APPROVE PAYMENT OF CLAIMS AS RECOMMENDED BY THE SUPERINTENDENT FOR THE PERIOD ENDED AUGUST 1, 2013, IN THE AMOUNT OF $5,041, F. Disposal of Surplus Equipment and Lost and Found Items MOTION TO AUTHORIZE THE SUPERINTENDENT TO DISPOSE OF SURPLUS EQUIPMENT AND LOST AND FOUND ITEMS. 6. UNFINISHED BUSINESS A. Revised Snowmobiling Policy All ayes, no nays, MOTIONS ADOPTED Associate Superintendent Tom McDowell gave a brief summary of the revised policy and introduced Marc Dahlquist, President of Northwest Trails Association, who commented on the Park District s snowmobile trail system and stood for questions. MOTION by Steele, seconded by Freeman, TO REVISE THE SNOWMOBILING POLICY TO INCLUDE SNOWMOBILE PARKING LOTS AND ASSOCIATED TRAIL SPURS AS COMPONENTS OF THE APPROVED SNOWMOBILE TRAIL SYSTEM WITHIN PARKS, AND TO AMEND AGREEMENTS WITH SNOWMOBILE CLUBS TO ELIMINATE THE NEED FOR ANNUAL APPROVAL BY THE BOARD OF COMMISSIONERS.

4 Regular Board Meeting August 15, 2013 B Operating Budget for Hyland Ski and Snowboard Area MOTION by Freeman, seconded by Gibbs, TO APPROVE THE HYLAND SKI AND SNOWBOARD AREA OPERATING BUDGET IN THE AMOUNT OF $4,092,615. C. Southwest LRT Update No action required; this item was presented for information and discussion by Associate Superintendent Jonathan Vlaming. D. Consultant Analysis - Coon Rapids Dam Hydropower Preliminary Feasibility Evaluation and Next Steps No specific action was recommended; staff was seeking direction from the Board regarding the next steps in response to this proposal. The following motion was proposed: MOTION by Antolak, seconded by Gunyou, TO OFFER A LETTER OF NON-BINDING SUPPORT TO BOST1 AT A FUTURE DATE, INDICATING AN ONGOING INTEREST IN PURSUING THE PROPOSED COON RAPIDS DAM HYDROPOWER DEVELOPMENT PROJECT. After discussion, the following amended motion was proposed: MOTION by Gibbs, seconded by Antolak, TO TABLE OFFERING A LETTER OF NON- BINDING SUPPORT TO BOST1 AT A FUTURE DATE, INDICATING AN ONGOING INTEREST IN PURSUING THE PROPOSED COON RAPIDS DAM HYDROPOWER DEVELOPMENT PROJECT BASED ON THE CONDITIONS THAT NO SUPPORT OF THE COON RAPIDS DAM HYDROPOWER DEVELOPMENT PROJECT WOULD BE FORTHCOMING TO BOST1, UNLESS AN AGREEMENT COULD BE REACHED WHICH INCLUDED ADEQUATE SECURITY/SURETY INCLUDING A SECURITY FUND, LETTER OF CREDIT AND PERFORMANCE BOND. After additional discussion, the motion was further amended as follows: MOTION by Gibbs, seconded by Antolak, THAT NO LETTER OF SUPPORT OF THE COON RAPIDS DAM HYDROPOWER DEVELOPMENT PROJECT WOULD BE FORTHCOMING TO BOST1, UNLESS OR UNTIL THE PARK DISTRICT RECEIVED WRITTEN ASSURANCE THAT THE APPLICANT WOULD PAY A REASONABLE APPLICATION FEE, YET TO BE DETERMINED, AND REIMBURSE THE PARK DISTRICT FOR ALL COSTS ASSOCIATED WITH THE REVIEW OF THE QUESTION WHETHER ALL COSTS FOR THE PROJECT WILL BE BORNE BY THE APPLICANT OR BY THE TAXPAYERS; AND FURTHER, AS AN ADDENDUM TO THIS PREREQUISITE, AN AGREEMENT WOULD NEED TO BE REACHED BETWEEN THE APPLICANT AND THREE RIVERS PARK DISTRICT WHICH WOULD INCLUDE ADEQUATE SECURITY/SURETY, INCLUDING A SECURITY FUND, LETTER OF CREDIT AND PERFORMANCE BOND.

5 Regular Board Meeting August 15, 2013 After discussion, Commissioner Freeman asked General Counsel Jeff Brauchle to clarify the amended motion as follows: MOTION by Gibbs, seconded by Antolak, TO COMMUNICATE TO BOST1 THAT UNLESS A SERIES OF CONDITIONS ARE AGREED TO BY BOST1, THREE RIVERS PARK DISTRICT BOARD IS CURRENTLY NOT WILLING TO PARTICIPATE OR PURSUE THE COON RAPIDS DAM HYDROPOWER DEVELOPMENT PROJECT ANY LONGER, AND THAT THOSE CONDITIONS INCLUDE: A LEASE THAT COVERS LIABILITIES, MAINTENANCE, ACTUAL BENEFITS IN DETAIL TO THE PARK DISTRICT; ADDRESSES CATASTROPHES, FINANCIAL SECURITY INTO THE FUTURE, AND ADVANCES TO THE PARK DISTRICT MONIES TO MAKE THE PARK DISTRICT BOARD AND STAFF CONFIDENT THAT THE PARK DISTRICT IS NOT FINANCING BOST1 s PROJECT. Commissioner Gibbs clarified the amended motion as follows: MOTION by Gibbs, seconded by Antolak, TO COMMUNICATE TO BOST1 THAT UNLESS A SERIES OF CONDITIONS ARE AGREED TO BY BOST1, THE THREE RIVERS PARK DISTRICT BOARD IS CURRENTLY NOT WILLING TO PARTICIPATE OR PURSUE THE PROPOSED COON RAPIDS DAM HYDROPOWER DEVELOPMENT PROJECT ANY LONGER, AND THAT THOSE CONDITIONS INCLUDE: A WRITTEN AGREEMENT TO PROVIDE A REASONABLE APPLICATION FEE IN AN AMOUNT TO BE DETERMINED BY THREE RIVERS PARK DISTRICT AND THAT BOST1 WILL AGREE TO A SURETY THAT INCLUDES MECHANISMS ACCEPTABLE TO THE PARK DISTRICT SUCH AS A SECURITY FUND, LETTER OF CREDIT, PERFORMANCE BOND AND REIMBURSEMENT OF ALL COSTS. Five ayes, no nays, no abstentions, MOTION ADOPTED Commissioner Steele did not vote and asked for further clarification of the amended motion. After additional clarification, Chair Gunyou called for a roll call vote on the final motion as follows: MOTION by Gibbs, seconded by Antolak, TO COMMUNICATE TO BOST1 THAT UNLESS A SERIES OF CONDITIONS ARE AGREED TO BY BOST1, THE THREE RIVERS PARK DISTRICT BOARD IS CURRENTLY NOT WILLING TO PARTICIPATE OR PURSUE THE PROPOSED COON RAPIDS DAM HYDROPOWER DEVELOPMENT PROJECT ANY LONGER, AND THAT THOSE CONDITIONS INCLUDE: A WRITTEN AGREEMENT TO PROVIDE A REASONABLE APPLICATION FEE IN AN AMOUNT TO BE DETERMINED BY THREE RIVERS PARK DISTRICT AND THAT BOST1 WILL AGREE TO A SURETY THAT INCLUDES MECHANISMS ACCEPTABLE TO THE PARK DISTRICT SUCH AS A SECURITY FUND, LETTER OF CREDIT, PERFORMANCE BOND AND REIMBURSEMENT OF ALL COSTS. Antolak Aye DeJournett Aye Steele Aye Blackstad Absent Freeman Aye Gunyou, Chair Aye Gibbs Aye MOTION ADOPTED

6 Regular Board Meeting August 15, 2013 E General Fund Operating Budget Update No action required; this item was presented for information and discussion by Director of Finance/CFO Howard Koolick. F. Legislative Consultant RFP MOTION by DeJournett, seconded by Freeman, TO APPROVE AND AUTHORIZE THE RELEASE OF A REQUEST FOR PROPOSALS FOR LEGISLATIVE CONSULTING SERVICES. 7. NEW BUSINESS A. Approve Joint Powers Agreement with State of Minnesota Department of Commerce for Guaranteed Energy Savings Program (GESP) Marcq Sung, Department of Strategic Services Copy Writer, gave a PowerPoint presentation and stood for Commissioners questions. MOTION by Antolak, seconded by Steele, TO AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF COMMERCE TO PROVIDE THE PARK DISTRICT WITH ACCESS TO THE STATE S GUARANTEED ENERGY SAVINGS PROGRAM AND ITS TECHNICAL SUPPORT TEAM, CONTRACTS AND LIST OF CONTRACTORS. B. Award of Contract for Trail Modifications at Hyland Lake Park Reserve MOTION by Gibbs, seconded by Freeman, TO AWARD A CONTRACT FOR THE CONSTRUCTION OF TRAIL MODIFICATIONS AT HYLAND LAKE PARK RESERVE TO NEW LOOK CONTRACTING, INC. OF ELK RIVER, MN IN THE TOTAL BASE BID AMOUNT OF $135,707.00; AND FURTHER, TO ESTABLISH A TOTAL CONSTRUCTION BUDGET OF $160,000 TO INCLUDE A TEN PERCENT CONTINGENCY, MATERIALS TESTING COSTS, AND PERMIT FEES WITH FUNDING FROM 2005 GENERAL OBLIGATION FUNDS. 8. ANNOUNCEMENTS There were no Commissioners announcements. 9. ADJOURNMENT MOTION by Steele, seconded by Freeman, TO ADJOURN THE REGULAR BOARD MEETING OF AUGUST 15, 2013.

7 Regular Board Meeting August 15, 2013 The meeting was adjourned at 7:15 p.m. John Gunyou, Board Chair Boe Carlson, Acting Superintendent

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