THREE RIVERS PARK DISTRICT

Transcription

1 1. OPENING BUSINESS A. Call to Order THREE RIVERS PARK DISTRICT REGULAR MEETING OF BOARD OF COMMISSIONERS Administrative Center - Board Room 3000 Xenium Lane North, Plymouth, MN B. Pledge of Allegiance C. Roll Call 2. APPROVAL OF AGENDA Thursday, March 20, :00 p.m. Board Chair: John Gunyou AGENDA Board members who wish to delete or add any item(s) to the agenda shall do so at this time. Superintendent s Recommendation: MOTION TO APPROVE THE AGENDA OF THE MARCH 20, 2014, REGULAR BOARD MEETING. 3. SPECIAL BUSINESS (as needed) A. Executive Search Superintendent s Recommendation: MOTION TO AUTHORIZE THE BOARD CHAIR AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT IN AN AMOUNT NOT TO EXCEED $8,000 FOR EXECUTIVE RECRUITMENT SERVICES WITH SPRINGSTED, INC., AND TO AUTHORIZE THE 3-MEMBER SEARCH COMMITTEE TO WORK WITH SPRINGSTED TO DEVELOP A PROPOSED WORK PLAN AND TIMELINE FOR REVIEW BY THE FINANCE AND ADMINISTRATION COMMITTEE ON APRIL 10, COMMUNICATIONS A. Special Matters (1) Presentation from Minneapolis Ski Club B. Superintendent s Report

2 Regular Board Meeting: Agenda March 20, COMMUNICATIONS (continued) C. Citizens Wishing to Address the Board Any individual wishing to address the Board on subjects which are not part of the meeting agenda may do so at this time. Such items will typically be referred to staff for review, action and/or recommendation for future board action. The public will also be provided an opportunity to address the Board on items which are on the agenda at the appropriate time. 5. CONSENT ITEMS All matters listed under Consent Items are considered to be routine by the Board of Commissioners and will be enacted by one motion. Commissioners who wish to add or remove items from Consent may do so at this time. The Finance and Administration Committee considered the following item(s) at its March 6, 2014, meeting. A. 5-year CIP: Discussion of Proposed Principles and Priorities Superintendent s Recommendation: MOTION TO APPROVE THE 5-YEAR CAPITAL IMPROVEMENT PROGRAM PRINCIPLES AND PRIORITIES AS DETERMINED IN THE MARCH 6, 2014, FINANCE AND ADMINISTRATION COMMITTEE MEETING. New Consent Items: No Previous Committee or Board Action B. Lake Minnetonka LRT Regional Trail CR 19 Grade Separated Crossing Agreements Superintendent s Recommendation: MOTION TO AUTHORIZE THE SUPERINTENDENT AND BOARD CHAIR TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE CITY OF TONKA BAY FOR THE GRADE- SEPARATED CROSSING OF COUNTY ROAD 19, UPON SATISFACTORY COMPLETION AS DETERMINED BY GENERAL COUNSEL. MOTION TO AUTHORIZE THE SUPERINTENDENT AND BOARD CHAIR TO AMEND THE EXISTING HENNEPIN COUNTY REGIONAL RAIL AUTHORITY AGREEMENT NO. A09222 FOR THE LAKE MINNETONKA REGIONAL TRAIL COUNTY ROAD 19 CROSSING, UPON SATISFACTORY COMPLETION AS DETERMINED BY GENERAL COUNSEL. MOTION TO AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO A LIMITED USE/LICENSE AGREEMENT WITH XCEL ENERGY FOR THE LAKE MINNETONKA REGIONAL TRAIL COUNTY ROAD 19 CROSSING, UPON SATISFACTORY COMPLETION AS DETERMINED BY GENERAL COUNSEL. C. Cost Sharing Agreement with Maple Grove for Rush Creek Regional Trail Crossing Superintendent s Recommendation: MOTION TO ENTER INTO A COST SHARING AGREEMENT WITH THE CITY OF MAPLE GROVE IN THE AMOUNT OF $200,000 FOR THE CONSTRUCTION OF THE RUSH CREEK REGIONAL TRAIL CROSSING OF INTERSTATE 94.

3 Regular Board Meeting: Agenda March 20, CONSENT ITEMS (continued) D. Minutes of the March 6, 2014, Regular Board Meeting Superintendent s Recommendation: MOTION TO APPROVE THE MINUTES OF THE MARCH 6, 2014, REGULAR BOARD MEETING. E. Approval of Claims for the Period Ended March 13, 2014 Superintendent s Recommendation: MOTION TO APPROVE PAYMENT OF CLAIMS AS RECOMMENDED BY THE SUPERINTENDENT FOR THE PERIOD ENDED MARCH 13, 2014, IN THE AMOUNT OF $1,827, UNFINISHED BUSINESS A. Proposed Direction Pertaining to the National Register of Historic Places Superintendent s Recommendation: MOTION TO AUTHORIZE THE SUPERINTENDENT TO SEEK ENROLLMENT ON THE NATIONAL REGISTER OF HISTORIC PLACES FOR APPROPRIATE HISTORIC STRUCTURES WITHIN THE PARK DISTRICT. B. French Regional Park Pavement Rehabilitation Project and Consultant Agreement Superintendent s Recommendation: MOTION TO AUTHORIZE THE SUPERINTENDENT AND BOARD CHAIR TO ENTER INTO A CONSULTANT AGREEMENT WITH STANTEC CONSULTING SERVICES INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE FRENCH REGIONAL PARK PAVEMENT REHABILITATION PROJECT, WITH A TOTAL HOURLY NOT-TO-EXCEED FEE IN THE AMOUNT OF $377,500 INCLUDING REIMBURSABLE EXPENSES, AND TO ESTABLISH A TOTAL CONSULTANT BUDGET IN THE AMOUNT OF $415,250 TO INCLUDE A TEN PERCENT CONTINGENCY WITH FINANCING FROM THE 2014 ASSET MANAGEMENT PROGRAM. C. Approval of Overall Project Budget for the HSSA Redevelopment Project Superintendent s Recommendation: MOTION TO APPROVE A TOTAL PROJECT BUDGET OF $14,970,000, INCLUDING A 5% CONSTRUCTION CONTINGENCY, BASED ON PROPOSED MODIFICATIONS TO THE SCOPE OF THE PROJECT AS DISCUSSED AT THE MARCH 13 TH MEETING OF THE LONG-RANGE STRATEGIC INITIATIVES COMMITTEE, WITH FINANCING FROM THE HSSA CASH BALANCE, REVENUE BONDS, AND UNDESIGNATED FUND BALANCES.

4 Regular Board Meeting: Agenda March 20, UNFINISHED BUSINESS (continued) D. HSSA Redevelopment Project Award of First Round of Contracts Superintendent s Recommendation: MOTION TO APPROVE A CONSTRUCTION CONTRACT GROUP FOR HSSA REDEVELOPMENT IDENTIFIED AND SUMMARIZED IN THE ATTACHED LETTER PREPARED BY STAHL CONSTRUCTION COMPANY AND HEREBY MADE A PART OF THIS BOARD ACTION IN THE CONSTRUCTION AMOUNT OF $9,372,741 PLUS A FIVE PERCENT CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $468,637 FOR A BUDGET AMOUNT OF $9,841,378 FROM THE PREVIOUSLY ESTABLISHED PROJECT BUDGET. E. Legislative Update Superintendent s Recommendation: NO ACTION REQUIRED; THIS ITEM IS FOR INFORMATION AND DISCUSSION. 7. NEW BUSINESS A. Agreement to Allow Scott County to Fund Purchase of Maintenance Vehicle Superintendent s Recommendation: MOTION TO ENTER INTO AN AGREEMENT WITH SCOTT COUNTY FOR FUNDING THE PURCHASE OF A MAINTENANCE TRUCK 8. ANNOUNCEMENTS 9. ADJOURNMENT MOTION TO ADJOURN.

5 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Special Item Number: 3A Division: Superintendent's Office Originating Source: Cris Gears, Superintendent Agenda Item: Executive Search Superintendent s Recommendation: MOTION TO AUTHORIZE THE BOARD CHAIR AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT IN AN AMOUNT NOT TO EXCEED $8,000 FOR EXECUTIVE RECRUITMENT SERVICES WITH SPRINGSTED, INC., AND TO AUTHORIZE THE 3-MEMBER SEARCH COMMITTEE TO WORK WITH SPRINGSTED TO DEVELOP A PROPOSED WORK PLAN AND TIMELINE FOR REVIEW BY THE FINANCE AND ADMINISTRATION COMMITTEE ON APRIL 10, Background: At the March 6 th Board meeting, Chair Gunyou appointed a three-member Search Committee comprised of the Board Chair, Vice-Chair Dan Freeman and Commissioner John Gibbs to develop the framework for an open, competitive search for a new Superintendent that focuses on internal candidates, but could be expanded if necessary to a regional or national level if the internal effort is not successful. On March 19 th, the Committee met in an open, noticed public meeting to interview two representatives from local executive recruitment firms (Sharon Klumpp from Springsted, Inc. and Richard Fursman from Brimeyer-Fursman) to consider their qualifications and experience, and to discuss the approach each firm would take to assist the Board with the upcoming search. At the conclusion of the two interviews, the Committee members expressed unanimous support for the Springsted firm (References 3A-1 and 3A-2), and offered to propose that the Board approve the recommended action at the March 20 th Board meeting. If the recommended action is approved by the Board, the Search Committee will meet again with Ms. Klumpp to develop a proposed work plan and search timeline that would be brought back to the Finance and Administration Committee for review on April 10.

6 Reference 3A-1 Springsted Incorporated Firm Overview Springsted is one of the largest and most established independent public sector advisory firms in the United States. For nearly 60 years, we have continually grown in the range of our client relationships, the comprehensiveness of our services and our prominence within the industry. Our managed growth is focused on providing municipal governments with a balance of national perspective and local expertise. Springsted is a women-owned business and is certified as a Women s Business Enterprise ( WBE ) by the City of Saint Paul, Minnesota. Three employee-owners lead Springsted and our 60 staff members. Our headquarters are located in Saint Paul, Minnesota, with additional offices located close to our clients throughout the Midwest and Mid-Atlantic states. Specifically, our regional offices include Milwaukee, Wisconsin; Des Moines, Iowa; Kansas City, Missouri; Richmond, Virginia; Denver, Colorado and Los Angeles, California. Springsted is unique among advisors in the range and quality of its comprehensive service offerings. With a foundation in public finance, Springsted has expanded services to include all related financial and management areas. Our five practice groups cover: Operational Finance / Fiscal Planning Housing and Economic Development Investments Organizational Management / Human Resources Public Finance

7 Reference 3A-2 Sharon G. Klumpp Senior Vice President Consultant Sharon Klumpp is an organization and management consultant, specializing in organizational and departmental studies, human resource management and executive search for public agencies. Ms. Klumpp has extensive experience in serving government. She has served as Executive Director of the Metropolitan Council, a sevencounty regional planning agency for the Minneapolis-Saint Paul metropolitan area, and as Associate Executive Director for the League of Minnesota Cities. Her experience also includes serving as City Administrator in Oakdale, Minnesota and as Assistant City Manager in both St. Louis Park, Minnesota and Saginaw, Michigan. Her private sector experience includes serving as the chief administrative officer for the Minneapolis office of a major global engineering and design firm. Ms. Klumpp also served as an adjunct instructor at Walden University, where she taught public administration and organizational change in the University s School of Management. She served two terms on the Ramsey County Charter Commission and was chair for two years. Education University of Kansas, Lawrence, Kansas Masters of Public Administration Miami University, Oxford, Ohio Bachelor of Arts in Political Science Affiliations International City/County Management Association International Public Management Association for Human Resources

8 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Communications Item Number: 4A Division: Superintendent's Office Originating Source: Cris Gears, Superintendent Agenda Item: Special Matters Superintendent s Recommendation: NO ACTION REQUIRED. Background: Commissioners and/or staff are encouraged to report any special matters, awards, recognitions, or other acknowledgements at this time. Presentation from Minneapolis Ski Club: Kelly Zarling, representing the Minneapolis Ski Club, will provide an update on recent ski jumping events.

9 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Communications Item Number: 4B Division: Superintendent's Office Originating Source: Cris Gears, Superintendent Agenda Item: Report of Superintendent Superintendent s Recommendation: NO ACTION REQUIRED. Background: Reference 4B-1: 2014 Proposed Committee and Board Meetings Calendar Reference 4B-2: Calendar of 2014 Meetings and Events Reference 4B-3: message to Chair Gunyou from Linda Larson regarding the dog off-leash area at Murphy-Hanrehan Park Reserve. Other Matters

10 THREE RIVERS PARK DISTRICT Reference 4B PROPOSED COMMITTEE AND BOARD MEETINGS CALENDAR Unless otherwise noted, Board and Committee Meetings are held at the Administrative Center Board Room (* Designates meetings not held on 1 st or 3 rd Thursday) Date Time Type of Meeting Event Conflict Dates/Notes January... 7* :00 a.m. 5:00 p.m. Quarterly Workshop at French Reg. Park Board Meeting No Committee Meetings Visitor Center Oakwood Rm. February :00 a.m. 5:00 p.m. Committee Meetings Board Meeting Rescheduled to 03/06/14 March :00 a.m. 11:15 a.m. 9:15 a.m. 5:00 p.m. Committee Meetings Board Meeting Long-Range Strategic Initiatives Committee Board Meeting Rescheduled from 02/20/14 Reconvene from 03/06/14 April... 10*... 24* 9:00 a.m. 5:00 p.m. Committee Meetings Board Meeting Changed from 05/08/14 Volunteer Service Awards May... 8* June :00 a.m. 5:00 p.m. 9:00 a.m. 5:00 p.m. Quarterly Workshop Board Meeting Committee Meetings Board Meeting No Committee Meetings Changed from 04/10/14 Special Park Districts Forum April 29 - May 3 July... 10* :00 a.m. 5:00 p.m. Quarterly Workshop Board Meeting No Committee Meetings August :00 a.m. 5:00 p.m. Committee Meetings Board Meeting September :00 a.m. 5:00 p.m. Committee Meetings Board Meeting October :00 a.m. 5:00 p.m. Quarterly Workshop Board Meeting No Committee Meetings NRPA Congress Oct November :00 a.m. 5:00 p.m. Committee Meetings Board Meeting December :00 a.m. 5:00 p.m. Committee Meetings Board Meeting Date 2014 Annual Events Location April 29 May 2, 2014 SPDF-Special Park Districts Forum Orange County Parks, CA July 11-14, 2014 NACPRO Annual Meeting & Tour New Orleans, LA Sept , 2014 MRPA Conference National Sports Center, Blaine, MN Oct , 2014 NRPA Congress / NACPRO Board Meeting, Tour & Awards Charlotte, NC

11 CALENDAR OF EVENTS, PUBLIC MEETINGS, ETC., WITH PARK DISTRICT PARTICIPATION OR INVOLVEMENT Reference 4B-2 Thurs., March 20, 2014 Tues., March 25, 2014 through Wed., March 26, 2014 Tues., April 1, 2014 Thurs., April 10, :00 p.m. Board Meeting at Three Rivers Park District Administrative Center - Board Room, 3000 Xenium Lane N, Plymouth, MN 2 Days NRPA National Legislative Forum on Parks and Recreation, Westin Arlington Gateway, 801 North Giebe Road, Arlington, VA :00 p.m. Metropolitan Parks and Open Space Commission 390 Robert Street North, St. Paul, MN 9:00 a.m. Committee Meetings at Three Rivers Park District Administrative Center - Board Room, 3000 Xenium Lane N, Plymouth, MN Thurs., April 24, :30 p.m. 5:00 p.m Distinguished Volunteer Service Awards Reception in the Library Resource Area and Award Presentations in Board Room followed by Board Meeting at Three Rivers Park District Administrative Center - Board Room, 3000 Xenium Lane N, Plymouth, MN Tues., April 29, 2014 through Fri., May 2, 2014 Tues., May 6, 2014 Thurs., May 8, 2014 Thurs., May 15, 2014 Tues., June 3, 2014 Thurs., June 5, 2014 Thurs., June 19, Days Special Park Districts Forum, hosted by Orange County Parks (OC Parks), Old Myford Road, Irvine, CA :00 p.m. Metropolitan Parks and Open Space Commission 390 Robert Street North, St. Paul, MN 9:00 a.m. Quarterly Workshop (No Committee Meetings) at Three Rivers Park District Administrative Center - Board Room, 3000 Xenium Lane N, Plymouth, MN 5:00 p.m. Board Meeting at Three Rivers Park District Administrative Center - Board Room, 3000 Xenium Lane N, Plymouth, MN 4:00 p.m. Metropolitan Parks and Open Space Commission 390 Robert Street North, St. Paul, MN 9:00 a.m. Committee Meetings at Three Rivers Park District Administrative Center - Board Room, 3000 Xenium Lane N, Plymouth, MN 5:00 p.m. Board Meeting at Three Rivers Park District Administrative Center - Board Room, 3000 Xenium Lane N, Plymouth, MN

12 Reference 4B-3 From: Brad and Linda Date: March 11, 2014 at 1:33:08 PM CDT To: Subject: South Savage Dog Park Dear Mr. Gunyou, Thank you for your letter responding to the packet of information we sent you regarding the noise and unsightliness of the Dog Park in it's present plan. We hope there will be acceptable alternatives proposed, and we also hope there will be some citizen input this time around. Thank you for your consideration in this matter. We do appreciate it. Sincerely, Linda Larson (and the neighborhood)

13 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Communications Item Number: 4C Division: Superintendent's Office Originating Source: Cris Gears, Superintendent Agenda Item: Citizens Wishing to Address the Board Superintendent s Recommendation: NO ACTION REQUIRED. Background: Any individual wishing to address the Board on subjects which are not part of the meeting agenda may do so at this time. Such items will typically be referred to staff for review, action and/or recommendation for future board action. The public will also be provided an opportunity to address the Board on items which are on the agenda at the appropriate time.

14 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Consent Item Number: 5A Division: Planning, Design & Technology Originating Source: Jonathan Vlaming, Assoc. Supt. Agenda Item: 5-year CIP: Discussion of Proposed Principles and Priorities Superintendent s Recommendation: MOTION TO APPROVE THE 5-YEAR CAPITAL IMPROVEMENT PROGRAM PRINCIPLES AND PRIORITIES AS DETERMINED IN THE MARCH 6, 2014 FINANCE AND ADMINISTRATION COMMITTEE MEETING. The following information was prepared by Jonathan Vlaming. Background: Staff is seeking Board review and guidance on overarching CIP principles and priorities to be used in the preparation of the draft Capital Improvement Program. Historically, funding principles and priorities for capital improvement projects have been adopted by the Board of Commissioners in the Asset Management Program, General Fund Operating Budget, Policy Plan and Vision Plan. These principles and priorities, coupled with prior input from Board discussions, served as the basis for creation of the proposed set of CIP Principles and Priorities (Reference 4A-1 in the Finance and Administration Committee section of the 03/06/14 Committee Packet).

15 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Consent Item Number: 5B Division: Planning, Design & Technology Originating Source: Jonathan Vlaming, Assoc. Supt. Agenda Item: Lake Minnetonka LRT Regional Trail CR 19 Grade Separated Crossing Agreements Superintendent s Recommendation: MOTION TO AUTHORIZE THE SUPERINTENDENT AND BOARD CHAIR TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE CITY OF TONKA BAY FOR THE GRADE-SEPARATED CROSSING OF COUNTY ROAD 19, UPON SATISFACTORY COMPLETION AS DETERMINED BY GENERAL COUNSEL. MOTION TO AUTHORIZE THE SUPERINTENDENT AND BOARD CHAIR TO AMEND THE EXISTING HENNEPIN COUNTY REGIONAL RAIL AUTHORITY AGREEMENT NO. A09222 FOR THE LAKE MINNETONKA REGIONAL TRAIL COUNTY ROAD 19 CROSSING, UPON SATISFACTORY COMPLETION AS DETERMINED BY GENERAL COUNSEL. MOTION TO AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO A LIMITED USE/LICENSE AGREEMENT WITH XCEL ENERGY FOR THE LAKE MINNETONKA REGIONAL TRAIL COUNTY ROAD 19 CROSSING, UPON SATISFACTORY COMPLETION AS DETERMINED BY GENERAL COUNSEL. The following information was prepared by Kelly Grissman, Director of Planning. Background: In 2009, the Park District applied for and received a 2014 Federal Transportation Enhancement Grant in the amount of $1,040,000 to construct a grade-separated crossing of County Road 19 (CR 19) along the Lake Minnetonka Regional Trail in Tonka Bay (Reference 5B-1). The trail is very popular, with over 385,000 annual visits, and CR 19 is also heavily used as it is one of the primary links between the southern and northern communities along Lake Minnetonka. Accordingly, the CR 19 crossing is identified as one of the Park District s top at-grade road crossing candidates for grade-separation. This project is also funded by a Hennepin County Bikeway Grant in the amount of $200,000 and State Legacy Grants in the amount of $1,790,000. Cooperative Agreement with Tonka Bay Staff prepared a Draft Cooperative Agreement formalizing the Park District s responsibility to design, build, operate, and maintain the grade-separated crossing within Tonka Bay (Reference 5B-2). As part of the Agreement, the Park District is responsible to construct two local, permanent trail connections which the City will own, operate, and maintain in exchange for the City s cooperation allowing for a temporary trail detour through a local park and along local streets. The detour is essential to keep the trail open for public use during construction, which is expected to begin this summer and be completed in late

16 summer of Signs will be posted along the trail prior and during the construction alerting users to the detours and the project. The Draft Cooperative Agreement is currently under review by Tonka Bay. Park District staff does not anticipate significant changes. Amendment to Agreement No. A09222 with HCRRA This project also requires an amendment to an existing agreement (Agreement No. A09222) with Hennepin County Regional Rail Authority (HCRRA) as the Park District currently owns, operates, and maintains the Regional Trail via a permit from HCRRA, the property owner of the Regional Trail corridor. The amendment is required to expand the 16 -wide corridor centered within the HCRRA property to include the grade-separated crossing area, which is offset to the north of the centerline at the request of HCRRA staff to minimize potential impacts in the event that the corridor is used for additional types of transit such as LRT or BRT. In addition, the existing permit includes a 30-day vacation/termination clause, which is not satisfactory when developing a trail bridge with a 50-year lifespan. Park District and HCRRA staff are exploring language that will provide the Park District rights to the property that are aligned with the useful life of the grade-separated crossing. Staff prepared a preliminary Draft Amendment for review and approval by the Park District Board and HCRRA Board (Reference 5B-3). The Draft Amendment is currently under review by HCCRA. Park District staff anticipates that HCRRA may propose changes to the agreement in respect to the termination clause as the proposed language puts a significant financial burden on HCRRA in the event HCRRA terminates the lease prior to 50 years. While HCRRA may request changes, staff is confident that the two agencies will be able to craft language that protects both parties interests. Limited Use/License Agreement with Xcel Completion of the grade-separated crossing may require a limited use permit or license agreement with Xcel Energy. Staff does not anticipate the need for a long-term limited-use permit or license; however, it may be beneficial for a short-term limited-use permit or license for purposes of providing additional construction staging due to the project site constraints. Obtaining Board approval for this at this stage in the project will allow staff to act quickly, efficiently and with minimal delay to the project schedule in the event a limited use permit or license agreement is indeed required. Upon Board approval of the recommended actions, the agreements will be reviewed and finalized by General Counsel, at which time they will be forward to the Board Chair and Superintendent for signature. Relationship to the Vision The Request for Action supports the following elements of the Vision Plan: Inspire people to recreate Collaborate across boundaries Work with local and regional partners to finalize the long-range regional trail network within Hennepin County

17 Relationship to Policy Statement The Request for Action supports the following goals of the Policy Plan: Policy IV-c: Regional Trails Policy X-c: Equal Opportunity Policy X-g: Design Standards

18 Reference 5B-1

19 Reference 5B-2 DRAFT CITY OF TONKA BAY AND THREE RIVERS PARK DISTRICT LAKE MINNETONKA REGIONAL TRAIL COUNTY ROAD 19 BRIDGE COOPERATIVE AGREEMENT This agreement (the Agreement ) is made and entered into this day of 2014, by and between the Three Rivers Park District, a body corporate and politic and a political subdivision of the State of Minnesota ( Park District ), and the City of Tonka Bay, a Minnesota municipal corporation ( City ). WHEREAS, Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate, and maintain park facilities and regional trail systems; and WHEREAS, Park District currently owns, operates, and maintains the Lake Minnetonka Regional Trail ( Trail ) through the City via Permit Agreement No. A09222 ( Permit ) from Hennepin County Regional Rail Authority ( HCRRA ); and and WHEREAS, the Trail currently crosses County Road 19 ( CR 19 ) at grade; WHEREAS, Hennepin County ( County ) crossing to better address safety concerns; and has previously modified this WHEREAS, Trail crossing safety concerns still exist; and WHEREAS, the Park District, City, and County agree that a grade separated crossing is necessary to adequately improve the existing crossing; and WHEREAS, the Park District has secured a federal Transportation Enhancement grant in the amount of $1,040,000, a Hennepin County Bikeway Grant in the amount of $200,000, and Metropolitan Council Legacy grants in the approximate amount of $1,790,000 for the design and construction costs of a new regional trail bridge over CR 19 (Project); and WHEREAS, Park District and City desire to cooperate to design, construct, operate, and maintain a new grade-separated Trail crossing of CR 19 located in the City; and NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Park District agree as follows: March 4, 2014 Draft Page 1

20 A. Project. The project is defined as the design and construction of a new Trail pedestrian/bike bridge over CR 19 in Tonka Bay ( Trail Bridge ) and includes design, construction, and removal of a temporary Trail detour ( Trail Detour ) and design and construction of two permanent local trail connections ( Local Trail Connections ) as shown on Exhibit A ( Project ). B. Property Rights. Park District shall not be obligated to proceed with any obligation under this Agreement until all property rights identified by Park District required to complete the Project are obtained. 1. HCRRA Permit. The Park District currently owns, operates, and maintains the Trail via Permit from HCRRA. In the event the Permit is lost or otherwise terminated, the Park District shall have no obligation hereunder except to return or otherwise terminate property rights acquired for this Project. 2. Temporary Construction/Access Permit from City. This Agreement serves as a temporary construction and access permit from the City to the Park District for purposes of constructing the Project within City right-of-way and parkland. 3. Other Public Permits. The parties recognize that this Project may require property right permits, agreements, and licensees with other public entities such as the County. The parties to this Agreement shall cooperate to secure necessary permissions. In the event that necessary permissions cannot be secured, this Agreement may be terminated by the Park District in its sole discretion. 4. Property Rights Acquisition. In the event additional temporary or permanent property rights are required to complete this Project from private parties, the City agrees to approve Park District acquisition of property rights through direct purchase or eminent domain. City shall take all necessary measures to support and assist the Park District s acquisition of said property rights including but not limited to providing Resolutions of Support and authorizing acquisition through direct purchase or eminent domain. C. Financing. Park District is responsible to fund property rights acquisition, design, and construction of the Project and operation and maintenance of the Trail Bridge over CR 19 for its useful life. A fundamental component of the Project s financing plan is a $1.04 Million Federal Transportation Enhancement Grant, a $200,000 Hennepin County Bikeway Grant, and approximately $1,790,000 in Metropolitan Council Legacy grants. If for any reason one or more of the aforementioned grants is lost or otherwise terminated, the Park District may, at its sole discretion, terminate this Agreement and shall not be obligated to fulfill any outstanding terms and conditions of this Agreement not previously performed except to return property rights obtain for purposes of completing this project. City is not responsible for providing Project funding; however, City is responsible for providing operation and maintenance funding for the useful life which shall be defined as no less than 20 years from substantial completion of the two Local Trail Connections constructed as part of the Project. March 4, 2014 Draft Page 2

21 D. Design and Construction. Design and construction of the Project shall be in accordance with Typical Trail Sections (Exhibit B) and standards and guidelines adopted by the Park District. The Park District will have final discretion over Project design and the interpretation and execution of engineering best practices. The Park District will coordinate and fund design of the Project. Park District may, in its sole discretion, contract with consultants to provide professional design services including, but not limited to design development, bidding documents, construction plans and specifications; contract document preparation, construction administration, and project close out. Park District shall submit all Project plans to City for review and approval, provided however, that approval shall not be unreasonably withheld. Park District shall be responsible for bidding and construction of the Project in accordance with approved construction plans and specifications. In the event City has a franchise agreement or similar with utility companies requiring utility companies to move utilities within public right-of-way for projects with public benefit, City shall be responsible to relocate utilities as necessary to construct, operate, and maintain the Project in accordance with this Agreement at no cost to the Park District. If City does not have said franchise or similar agreement with utility companies, Park District shall be responsible to relocate utilities as required to by the Project or operation and maintenance of the Trail at no cost to the City. Construction shall commence following (1) assembly of property rights in accordance with Paragraph 2 of this Agreement, (2) Park District and City approval of plans and specifications for the Project, and (3) Park District securement of adequate Project funding. E. Permits and Assessments. City shall not unreasonably withhold City approvals, permits, and other official permissions necessary for the Park District to fulfill Park District responsibilities as defined by this Agreement. In consideration of the Park District s performance under this Agreement including its maintenance obligations, City hereby agrees that the Park District shall not be subject to assessment by the City pertaining to improvements made on the lands included in, or adjacent to, the Project and in which the Park District has rights to. F. Inconsistent Rights. The City, for itself, its successors and assigns, hereby covenants that it will not construct nor grant others the right to construct any structures or improvements within the Project area and in which the Park District has rights to, which are inconsistent with the rights and interests herein granted to Park District, but the City shall otherwise have the right to use the Project area and to grant to others such rights. G. Operation and Maintenance of Trail Bridge by Park District. Park District and its agents and licensees shall have the sole and exclusive right and authority to operate and control the Trail Bridge and all portions of the Project within the Permit area and to establish rules and regulations governing its use to the extent not in conflict with ordinances of the City. March 4, 2014 Draft Page 3

22 Park District will be responsible for the renovation, replacement, repair, maintenance, and upkeep of the Trail Bridge and all portions of the Project within the Permit area, and as provided in Section J for their useful life as defined by the Park District. Park District shall be solely responsible for establishing maintenance standards for the Trails, which will be consistent district wide. Park District reserves the right to remove any vegetation or object that obstructs the use or safety of the Trail including adjacent safety zones in accordance with Exhibit B Typical Trail Section. H. Operation and Maintenance of Local Trail Connections by City. Upon Project completion, City and its agents and licensees shall have the sole and exclusive right and authority to operate and control the two permanent Local Trail Connections outside the Permit area and to establish rules and regulations governing its use to the extent not in conflict with ordinances of the Park District or this Agreement. City will be responsible for the renovation, replacement, repair, maintenance, and upkeep of the Local Trail Connections. I. Uses and Purposes. Trail and Local Trail Connections shall be open to the general public and be used exclusively for outdoor recreation and commuter activities, including but not limited to non-motorized uses such as walking, jogging, skating, and biking. The use of electric-assisted bicycles as defined in Minnesota State Law and Other Power Limited Mobility Devices as defined by the American with Disabilities Act and in accordance with Park District Policy are permitted. Equestrian uses are prohibited. In addition, motor vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. J. Winter Use. As of the date of this Agreement, Park District policy is to leave the Trail open to the public in winter, but perform no winter maintenance. Park District reserves the right to operate and maintain the Trail for winter use in its sole discretion. The City may request a Park District Winter Use Permit to operate and maintain the Trail during winter months. Such permit, if granted by Park District, will require the City, among other things, to assume responsibility for trail maintenance, operation and liabilities associated with winter use. K. Signage. The Park District shall be responsible to furnish, install, and maintain the Trail information sign/kiosk program at Park District expense. Signage will indicate that the Trail is a regional trail of the Park District. City may provide additional signage within the regional trail corridor, provided however, that Park District and HCRRA shall approve additional signage, and that City shall be responsible for providing and maintain respective signage. The Park District shall provide all trail regulatory signs as prescribed by the Minnesota Manual on Uniform Traffic Control Devices (Mn MUTCD), as a part of the design and construction of the Project. Park District shall be responsible for the maintenance of Trail regulatory signs post-construction at Park District expense. City shall be responsible for the maintenance of Local Trail March 4, 2014 Draft Page 4

23 Connection regulatory signs post-construction at City expense in accordance with original design. L. Utilities. City shall at all times retain the right to maintain, repair or replace any utilities and related facilities in, on, or under said Trail and install such utilities and related facilities provided, that if any such activities by the City shall or may damage or limit the use of the Trail, the City will give the Park District thirty (30) days prior written notice of the same (except in cases of emergency), and in any event the City will upon completion of such activities so affecting the Trail or any portion thereof, restore the Trail as near as possible to its condition existing before such maintenance, repair, replacement or other activities of the City. City and Park District recognize that prior notice is needed to develop temporary Trail detour routes and temporary signage. City and Park District will cooperatively determine and implement a temporary detour route when feasible. M. Law Enforcement. The City will patrol and police the Trail in such manner and by such persons as the City shall deem necessary, and may enforce all rules and ordinances of the City except as provided herein. Notwithstanding anything herein to the contrary, the Park District shall have the right to enforce its rules, regulations and ordinances with respect to the Trail. City shall not promulgate any ordinance, rule or regulation which contravenes any ordinance, rule or regulation of Park District with respect to the Trail or which contravenes this Agreement. N. Indemnification. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the parties liability. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a cooperative activity and it is the intent of the parties that they shall be deemed a single governmental unit for the purposes of liability, all as set forth in Minnesota Statutes, Section , Subd. 1a (a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, northing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. O. Successor and Assigns. The Agreement shall be binding upon the parties hereto and their respective successors and assigns, provided, however, that neither City nor Park District shall have the right to assign its rights, obligations and interests in or under this Agreement to any other party without the prior written consent of the other party. P. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not affect the rights of either party with respect to any similar or dissimilar occurrences in the future. March 4, 2014 Draft Page 5

24 Q. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and no right or remedy at law or in equity which either party hereto might otherwise have by virtue of a default under this Agreement nor the exercise of any such right or remedy by either party will impair such party s standing to exercise any other right or remedy. R. No Agency. Nothing contained herein and no action by either party hereto will be deemed or construed by such parties or by any third person to create the relationship of principal and agent or a partnership or a joint venture or any other association between or among the parties hereto. S. Saving Provision. If any provision of the Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, remaining provision of the Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. T. Termination. This Agreement may be terminated by Park District or City by mutual agreement or as otherwise provided in this Agreement. This Agreement shall be terminable by either party upon a material breach by the other party. The provisions of Section N survive termination with respect to claims that arise from actions or occurrences that occurred prior to termination. U. Governing Laws. This Agreement will be construed in accordance with the laws of the State of Minnesota. V. Time is of the Essence. Time is of the essence under this Agreement. W. Title. City warrants that it owns good and marketable title to the Easement and that the undersigned is authorized to execute this Agreement. X. Enforcement. In the event either party should bring an action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other all of the legal or other expenses of the prevailing party, including reasonable attorneys fees, and to have the same awarded as part of the judgment in the proceeding in which legal expenses and attorneys fees were awarded. Y. Notices. Any notice given under this Agreement shall be deemed given on the first business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: If to the Park District: Superintendent Three Rivers Park District C/c Legal Counsel 3000 Xenium Lane North Plymouth, MN March 4, 2014 Draft Page 6

25 If to City: City Administrator City of Tonka Bay C/c Legal Counsel 4901 Manitou Road Tonka Bay, MN March 4, 2014 Draft Page 7

26 IN WITNESS WHEREOF, Park District and City have entered into this Agreement as of the date and year first above written. Three Rivers Park District, a public corporation and political subdivision of the State of Minnesota Dated: By: Its Chair Board of Commissioners Dated: By: Its Superintendent And Secretary to the Board Dated: By: Its Mayor City of Tonka Bay, a Minnesota municipal corporation Dated: By: Its City Administrator March 4, 2014 Draft Page 8

27 EXHIBIT A PROJECT GRAPHIC March 4, 2014 Draft Page 9

28 EXHIBIT B Typical Trail Section Lake Minnetonka Regional Trail March 4, 2014 Draft Page 10

29 Reference 5B-3 DRAFT FIRST AMENDMENT TO PERMIT AGREEMENT NO. A09222 PARCEL THIS AGREEMENT, made and entered into by and between the HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY ("HCRRA"), a Minnesota political subdivision and local governmental unit, and Three Rivers Park District ("TRPD"), a Minnesota political subdivision (collectively, the "Parties"); W I T N E S S E T H: WHEREAS, HCRRA and TRPD entered into a certain Permit Agreement bearing Agreement No. A09222 Parcel , for the right to construct and operate a trail ("Trail") on property commonly described as the Hennepin County Regional Rail Authority "Lake Minnetonka LRT" ("Rail Corridor"), said Permit being set forth in Exhibit "1", attached hereto and made a part hereof by reference; : WHEREAS, Permit gra nts TRPD permission to construct and operate a trail on the Rail Corridor located in the Cities of Hopkins, Minnetonka, Deephaven, Greenwood, Excelsior, Shorewood, and, Tonka Bay, in Hennepin County and Victoria in Carver County; WHEREAS, TRPD desires to complete construction and operate a trail bridge and related improvements on the Rail Corridor; at the rail trail corridor intersection with County Road 19, also known as Manitou Road between the Cites of Tonka Bay and Shorewood in Hennepin County: WHEREAS, HCRRA and TRPD desire to amend the Permit in certain particulars; NOW, THEREFORE, the parties mutually agree as follows: Clause 1. Premises of the permit is hereby amended by adding the following to the first paragraph thereof: In addition, all additional land identified for a bridge over County Road 19, and all additional land identified for local trail connections, rest areas, signage and other trail related uses, all as identified in construction plans prepared by SRF Consulting Group, Inc., dated, 2014 and comprised of plan sheets C1 through C41, RW1 through RW33 and B1 through B11, attached hereto and incorporated as Exhibit A. Clause 4. Termination of the permit is hereby revised by adding the following paragraphs in place of the first paragraph thereof: (a) HCRRA may only terminate this Agreement during the first fifty (50) years following execution and approval of this agreement, if possession of the Premises is required by the HCRRA for construction of light rail transit or other transportation uses.

30 (b) HCRRA may terminate this Agreement by providing 180 days written notice to TRPD following execution and approval of this Permit Agreement. In the event this Permit is terminated in accordance with Clause 4(a), HCRRA shall pay to TRPD a sum of money representing a portion of TRPD s actual development costs (hereinafter Development Costs ) incurred in planning, construction and developing a regional trail bridge upon the Premises. Payment shall be as follows: Notice given in Year % of Development Costs Notice given in Year % of Development Costs Notice given in Year % of Development Costs Notice given in Year % of Development Costs Notice given in Year % of Development Costs Notice given in Year % of Development Costs Notice given in Year % of Development Costs Notice given in Year % of Development Costs Notice given in Year % of Development Costs Notice given in Year % of Development Costs Notice given in Year 50 0 % of Development Costs (c) (e) Notice of termination shall be given in the case of HCRRA to the Executive Director at the principal office at the Hennepin County Government Center, Minneapolis, MN or in the case of the TRPD, by delivering a copy to the Superintendent, 3000 Xenium Lane, Plymouth, MN This permit may be terminated by HCRRA at any time and for any reason following the expiration of 50 years from execution and approval of this Permit Agreement by both parties. The effective date of this First Amendment to Permit Agreement No. A09222 Parcel is Except as herein above amended, the terms, conditions and provisions of Permit Agreement No. A09222 Parcel shall apply to and govern the provisions of this Agreement.

31 IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of, Reviewed by the County Attorney's Office HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY Date: By: And: Chair, Board of Commissioners Deputy/Executive Director ATTEST: Deputy/Clerk of Board Reviewed by Legal Counsel For Three Rivers Park District THREE RIVERS PARK DISTRICT Date: By: Superintendent and Secretary to the Board By: Chair, Board of Commissioners

32 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Consent Item Number: 5C Division: Planning, Design & Technology Originating Source: Jonathan Vlaming, Assoc. Supt. Agenda Item: Cost Sharing Agreement with Maple Grove for Rush Creek Regional Trail Crossing Superintendent s Recommendation: MOTION TO ENTER INTO A COST SHARING AGREEMENT WITH THE CITY OF MAPLE GROVE IN THE AMOUNT OF $200,000 FOR THE CONSTRUCTION OF THE RUSH CREEK REGIONAL TRAIL CROSSING OF INTERSTATE 94. The following information was prepared by Kelly Grissman, Director of Planning. Background: On December 5, 2013, the Park and Trail Operations Committee indicated its support to financially participate in the construction of the Rush Creek Regional Trail grade-separated crossing of Interstate 94 in Maple Grove. The trail crossing is part of a larger MnDOT and City of Maple Grove initiative to construct a new overpass at 105th Avenue (Reference 5C-1). As part of the larger project, the Park District s proposed financial contribution is limited to $200,000 (payable in 2015). In addition, the Park District is not responsible to design, construct, or own the trail crossing structure. If Three Rivers were to independently develop a grade-separated crossing for the Rush Creek Regional Trail, the construction cost alone would range from $1.5 to $3.5 Million. Under the terms of the proposed agreement, the Park District will be responsible to operate and provide routine maintenance of the trail crossing once the crossing is connected to the greater regional trail system. The Park District is still in the land acquisition phase of this portion of the Rush Creek Regional Trail; as such, staff does not anticipate that the adjacent regional trail segments will be constructed in the near future. The City of Maple Grove is willing to serve as the Park District s agent in respect to MnDOT coordination, and has offered to front the cost of the regional trail component of the bridge as long as there is a commitment from the Park District for reimbursement in Park District and City staff worked collaborative to outline the cost sharing arrangement and subsequent responsibilities in a Draft Cost Sharing Agreement (Reference 5C-2).The Cost Sharing Agreement will be forwarded to the City of Maple Grove for City Council consideration and approval following Park District Board of Commissioner approval.

33 Relationship to the Vision The Request for Action supports the following goals of the Vision Plan: Inspire people to recreate Connect people to nature Create vibrant places Collaborate across boundaries Work with local and regional partners to finalize the long-range regional trail network within Hennepin County Work collaboratively to address new funding sources for operation, maintenance and rehabilitation of the regional trail network as part of the multimodal transportation system Relationship to Policy Statement The Request for Action supports the following elements of the Policy Plan: Policy IV-c: Regional Trails Policy IX-b: Regional Trail Corridor Policy X-c: Equal Opportunity Policy X-g: Design Standards

34 Reference 5C-1

35 Reference 5C-2 THREE RIVERS PARK DISTRICT AND CITY OF MAPLE GROVE COST SHARE AGREEMENT FOR RUSH CREEK REGIONAL TRAIL INTERSTATE 94 CROSSING This agreement ( Agreement ) is made and entered into this day of, 2014, by and between the Three Rivers Park District, a body corporate and politic and a political subdivision of the State of Minnesota ( Park District ), and the City of Maple Grove, a Minnesota municipal corporation ( City ). WHEREAS, Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain park and trail systems; and WHEREAS, Park District promulgates master plans for the development of park facilities and regional trail systems and submits master plans to the host community(ies) and Metropolitan Council for approval; and WHEREAS, Park District prepared the May 2008 Master Plan ( Master Plan ) for the Rush Creek Regional Trail ( Trail ) in cooperation with the City; and WHEREAS, the Master Plan was subsequently supported by the City with Resolution No on February 19, 2008, and adopted by the Park District Board of Commissioners on May 13, 20008; and WHEREAS, City and Park District intend to enter into a regional trail cooperative agreement for the Trail establishing the planning, design, construction, operation, maintenance, and funding responsibilities of the entire Trail corridor at a future date; and WHEREAS, an immediate opportunity to coordinate on the design and construction of the Trail s crossing of Interstate 94 (I-94) ( Trail Crossing ) has presented itself as part of the Minnesota Department of Transportation s ( MnDOT ) design and construction of a new overpass at 105 th Street ( MnDOT Project ); and WHEREAS, continued inclusion of the Trail Crossing within the MnDOT Project requires a standalone agreement between the Park District and City for funding a portion of the MnDOT project related to the Trail; and WHEREAS, MnDOT will only pay for one pedestrian and bicycle facility as part of the MnDOT Project; and WHEREAS, the MnDOT Project at the request of the City and Park District includes a total of two pedestrian/bicycle type facilities: a sidewalk on the south side and the Trail Crossing on the north side of the 105 th Street overpass ( Added Facilities ) thus requiring local cost share participation by the City and/or Park District in the amount of approximately $400,000; and 1

36 WHEREAS, the City and Park District agree to equally contribute to the MnDOT costs associated with the Added Facilities; provided, however, that Park District contribution shall not exceed $200,000; and NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Park District and City agree as follows: 1. Financial Participation. The Park District and City shall equally share MnDOT s required local cost share requirement for the Added Facilities estimated at $400,000 as part of the MnDOT Project provided that the Park District s contribution does not exceed $200,000. Park District shall provide payment to City within forty-five (45) days of receipt of an invoice from the City ( Invoice ) requesting payment of the Park Districts share of the Added Facilities cost; provided, however, the Invoice shall not be payable before January 1, City shall be responsible for any and all other MnDOT Project expenses to the Added Facilities greater than $400,000. If MnDOT Project is terminated or Trail Crossing is not substantially complete by 2017, City shall return to Park District all monies paid to City. 2. Park District Agent. The City shall be solely responsible to negotiate and enter into an agreement (MnDOT Agreement) with MnDOT for purposes of incorporating the design, construction, and construction supervision of the Added Facilities into the MnDOT Project. Park District shall not be a party to MnDOT agreement. The City shall consult with the Park District with respect to the design and construction of the Trail Crossing. 3. Trail Design and Construction. The City shall use its best efforts to negotiate the following terms with MnDOT for the MnDOT Agreement: i. Require MnDOT to design the Trail Crossing in accordance with regional trail standards adopted by the Park District. ii. iii. Provide Trail Crossing plans and specifications to Park District for review and approval and forward Park District comments to MnDOT. Withhold Notice to Proceed or similar approval allowing MnDOT to proceed with MnDOT Project until Park District approval of Trail Crossing plans and specifications provided that approval is not unreasonably withheld. iv. Monitor construction activity in accordance with City policies and procedures and require MnDOT to construct Trail Crossing in accordance with construction plans and specifications developed pursuant to Paragraphs 3i through 3iii. v. The Park District may observe construction and may consult with City regarding construction issues. City shall inform the Park District as to information from MnDOT as to final construction; and, if acceptable by MnDOT, shall, if requested by the Park District schedule inspection by Park District prior to close of the construction contract. 2

37 4. Trail Crossing Approvals. City shall grant or obtain all approvals, permits including but not limited to a Limited Use Permit ( LUP ) from MnDOT, and other official permissions necessary to operate and maintain the Trail Crossing. 5. Trail Crossing Use. Trail Crossing shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skiing, biking, and uses mandated by state law including, but not limited to, electric personal assistive devices. In addition, motorized vehicles may be used by the City or Park District for maintenance, law enforcement, or other public services. 6. Trail Crossing Operation and Maintenance. a. City shall: i. Assume all routine operation and maintenance responsibilities of the Trail Crossing as required by the MnDOT LUP until adjacent trail segments are constructed and operated and maintained as part of the Trail corridor by Park District. ii. The City intends to enter into an agreement with MnDOT wherein MnDOT, as owner of the 105 th Avenue Overpass, shall be the responsible party for all preventative maintenance such as crack sealing or seal coating and reconstruction. Since the Park District does not own the 105 th Avenue Overpass, the Parties agree that the Park District shall not be responsible for long-term preventative maintenance such as crack sealing or seal coating, reconstruction or other responsibilities associated with ownership. b. At the time the Park District constructs and/or takes on the operations and maintenance responsibilities of the adjacent trail segments as part of the Trail corridor, the Park District shall: i. Collaborate with the City on the transfer of the MnDOT LUP from City to Park District as it relates to the Trail Crossing. At which time the LUP is transferred to the Park District, Park District shall assume all Trail Crossing routine operations and maintenance responsibilities required by the MnDOT LUP. ii. Assume the sole and exclusive right and authority to operate and control the Trail Crossing and to establish rules and regulations governing its use to the extent not in conflict with ordinances of the City, provided that City may still use Trail Crossing for its intended uses. 7. Project Documents. All records kept by the City and Park District with respect to the Trail Crossing shall be subject to examination by the representatives of each party. Upon completion of the Trail Crossing, City shall furnish to Park District As-built drawings of the Trail Crossing, and if applicable, any inspection reports of the Trail Crossing, if documents are in the possession of the City. 3

38 8. Designated Representatives. In order to coordinate the services of the Park District with the activities of the City so as to accomplish the purpose of this Agreement, the Public Works Director or a designated representative shall manage this Agreement on behalf of the City and shall serve as liaison between the City and the Park District. In order to coordinate the services of the City with the activities of the Park District so as to accomplish the purpose of this Agreement, the Park District s Superintendent and Secretary to the Park District Board or a designated representative shall manage this Agreement on behalf of the Park District and shall serve as liaison between the Park District and the City. 9. Liability. Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The City's and the Park District's liability and limits of liability are governed by the provisions of Minnesota Statutes, Chapter Status of Employees. It is further agreed that any and all employees of the Park District and all other persons engaged by the Park District in the performance of any work or services required or provided for herein to be performed by the Park District shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. Also, any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the Park District, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Park District. 11. Complete Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 4

39 12. Termination. This Agreement shall remain in full force and effect, unless the MnDOT Project is cancelled by parties which are not a party to this Agreement, in which this Agreement is terminated and neither party shall be bound to it. In such event the monies paid by the Park District to the City for the Added Facilities shall be returned. 13. Preamble Inclusion. The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. City of Maple Grove, a Minnesota municipal corporation Its Mayor Date Its City Administrator Date THREE RIVERS PARK DISTRICT, a public corporation and political subdivision of the State of Minnesota John Gunyou, Board Chair Date Cris Gears, Superintendent and Secretary to the Board Date 5

40 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Consent Item Number: 5D Division: Superintendent's Office Originating Source: Cris Gears, Superintendent Agenda Item: Minutes of the March 6, 2014, Regular Board Meeting Superintendent s Recommendation: MOTION TO APPROVE THE MINUTES OF THE MARCH 6, 2014, REGULAR BOARD MEETING. Background: Minutes attached.

41 THREE RIVERS PARK DISTRICT REGULAR BOARD MEETING March 6, 2014 Commissioners Present: Commissioners Absent: Staff Present: John Gunyou, Chair; Larry Blackstad, Jennifer DeJournett, Daniel Freeman, John Gibbs, and Penny Steele Steven E. Antolak Cris Gears, Superintendent; J. Brauchle, B. Carlson, K. Grissman, D. Hahn, H. Koolick, J. McDowell, T. McDowell, H. McPhee, E. Mork, A. Rexine, M. Themig, J. Vlaming, and L. Ziegler 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 11:26 a.m. B. Pledge of Allegiance C. Roll Call 2. APPROVAL OF AGENDA Board Chair Gunyou announced the following changes to the agenda: Three presentations originally scheduled under Item 4A. Special Matters have been rescheduled to the March 20, 2014 Regular Board Meeting; Item 6D. Hyland Ski and Snowboard Area (HSSA) Update and Authorization to Approve Contracts will be removed from the agenda; Replace Item 4B. Superintendent s Report with a revised Item 4B. which suggests changes to the 2014 Proposed Committee and Board Meetings Calendar; and Add Consent Item 5M. Approval of Additional Claims. MOTION by Blackstad, seconded by Freeman, TO AMEND THE AGENDA BY REPLACING ITEM 4B. SUPERINTENDENT S REPORT WITH A REVISED VERSION OF ITEM 4B.; ADDING CONSENT ITEM 5M. APPROVAL OF ADDITIONAL CLAIMS; AND REMOVING ITEM 6D. HYLAND SKI AND SNOWBOARD AREA (HSSA) UPDATE AND AUTHORIZATION TO APPROVE CONTRACTS; AND FURTHER, TO APPROVE THE AGENDA OF MARCH 6, 2014, REGULAR BOARD MEETING AS AMENDED. All ayes, no nays, MOTION ADOPTED 3. SPECIAL BUSINESS A. Appointment of 2014 Committee Chairs Chair Gunyou appointed committee chairs for year 2014 as follows: Finance and Administration Committee Chair - Dan Freeman;

42 Regular Board Meeting March 6, 2014 Intergovernmental and Community Engagement Committee Chair - Jennifer DeJournett, Long-Range Strategic Initiatives Committee Chair - John Gibbs, Park and Trail Operations Committee Chair - Larry Blackstad, and Recreation, Education and Natural Resources Committee Chair - Penny Steele. 4. COMMUNICATIONS A. Special Matters The three presentations from outside sources originally scheduled under this item have been rescheduled to the March 20, 2014, Regular Board Meeting. Superintendent Gears to Retire in 2014 Chair Gunyou stated that Superintendent Gears recently announced that he plans to retire later this year. Chair Gunyou wished to discuss the process of appointing a new Superintendent with Board Members at this time. B. Superintendent s Report (revised) Superintendent Gears reported on the following topic(s): Distributed copies of a letter from Brad and Linda Larson regarding the proposed off-leash dog area at Murphy-Hanrehan Park Reserve. A draft response letter from the Park District to be signed by Chair Gunyou was also distributed to Commissioners for review (letters on file). Superintendent Gears asked for Board approval on the following proposed motion: Amendment to 2014 Proposed Committee and Board Meetings Calendar MOTION by Steele, seconded by Blackstad, TO AMEND THE PROPOSED COMMITTEE AND BOARD MEETINGS CALENDAR FOR 2014 AS FOLLOWS: CHANGE THE APRIL 10 TH QUARTERLY WORKSHOP TO MAY 8 TH ; AND CHANGE THE MAY 8 TH COMMITTEE MEETINGS TO APRIL 10 TH. All ayes, no nays, MOTION ADOPTED Associate Superintendent Tom McDowell reported on the following topic(s): Distributed copies of an invitation to Commissioners and staff (on file) from Gabriel Jabbour, member of the State Aquatic Invasive Species (AIS) Advisory Board, to attend an informal gathering on Tuesday, March 18, 2014, at 6:00 p.m. at the LaFayette Club in Minnetonka Beach, MN, to discuss AIS related topics and issues.

43 Regular Board Meeting March 6, 2014 C. Citizens Wishing to Address the Board (None) 5. CONSENT ITEMS MOTION by Blackstad, seconded by Freeman, TO APPROVE CONSENT ITEMS AS FOLLOWS: A. Looking Ahead: 2015 Budget Calendar and Update on Union Negotiations MOTION TO APPROVE THE 2015 BUDGET CALENDAR. B. Overview of Guiding Documents: The Financial Management Plan MOTION TO DELETE FROM THREE RIVERS PARK DISTRICT S FINANCIAL MANAGEMENT PLAN DEBT POLICY NUMBER 5, WHICH LIMITS DEBT BASED ON A PERCENTAGE OF THE OPERATING LEVY. C. Proposal to Collaborate with the City of Shakopee for a Dog Off-Leash Area MOTION TO ENTER INTO A PARTNERSHIP AND REVENUE SHARING AGREEMENT TO EXTEND THE THREE RIVERS PARK DISTRICT DOG OFF-LEASH AREA PASS PROGRAM TO A PROPOSED CITY OF SHAKOPEE DOG OFF-LEASH AREA. D. Formal Name Proposal for the Camp Kingswood Property MOTION TO ADOPT KINGSWOOD PARK AS THE OFFICIAL NAME OF THE FORMER CAMP KINGSWOOD PROPERTY. E. Lessard-Sams Outdoor Heritage Council Request for Public Input on the FY 2016 Outdoor Heritage Fund Call for Funding Request MOTION TO SUPPORT THE CHANGES AS OUTLINED IN THE MEMORANDUM FROM THE METRO PARKS IMPLEMENTING AGENCIES DATED FEBRUARY 2014, REGARDING PUBLIC INPUT FY 2016 OUTDOOR HERITAGE FUND CALL FOR FUNDING REQUEST. F Legislative Program and Procedures MOTION TO ADOPT THE 2014 LEGISLATIVE PROGRAM AND PROCEDURES. G. Contract for Beverage Services MOTION TO AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO A CONTRACT WITH COCA-COLA REFRESHMENTS FOR PROVISION OF DISTRICT-WIDE BEVERAGE SERVICES FROM MARCH 19, 2014 THROUGH MARCH 18, 2019.

44 Regular Board Meeting March 6, 2014 H. Lake Independence Regional Trail Cooperative Agreement with City of Hanover MOTION TO ENTER INTO A REGIONAL TRAIL COOPERATIVE AGREEMENT WITH THE CITY OF HANOVER ESTABLISHING THE PLANNING, DESIGN, FUNDING, LAND ACQUISITION, CONSTRUCTION, OPERATIONS, AND MAINTENANCE RESPONSIBILITIES OF THE LAKE INDEPENDENCE REGIONAL TRAIL WITHIN THE CITY OF HANOVER. I. Medicine Lake Regional Trail Rockcliff Townhouse Association Land Donation MOTION TO ASSIGN PUBLIC TRAILWAY EASEMENT RIGHTS TO ROCKCLIFF TOWNHOUSE ASSOCIATION AS REQUIRED BY THE AUGUST 14, 2012 PURCHASE AGREEMENT BETWEEN THE PARK DISTRICT AND ROCKCLIFF TOWNHOUSE ASSOCIATION. J. Grant Application for Lake Rebecca Unpaved Trail Project MOTION TO AUTHORIZE THE SUPERINTENDENT TO SUBMIT A GRANT APPLICATION REQUIRING MATCHING FUNDS TO THE 2014 FEDERAL RECREATIONAL TRAILS PROGRAM FOR THE PURPOSE OF RECONSTRUCTING SINGLE-TRACK AND HORSE TRAILS IN LAKE REBECCA PARK RESERVE. K. Minutes of the January 16, 2014, Regular Board Meeting MOTION TO APPROVE THE MINUTES OF THE JANUARY 16, 2014, REGULAR BOARD MEETING. L. Approval of Claims for the Period Ended February 13, 2014 MOTION TO APPROVE PAYMENT OF CLAIMS AS RECOMMENDED BY THE SUPERINTENDENT FOR THE PERIOD ENDED FEBRUARY 13, 2014, IN THE AMOUNT OF $8,182, M. Approval of Additional Claims for the Period Ended February 27, 2014 MOTION TO APPROVE PAYMENT OF ADDITIONAL CLAIMS AS RECOMMENDED BY THE SUPERINTENDENT FOR THE PERIOD ENDED FEBRUARY 27, 2014, IN THE AMOUNT OF $2,355, UNFINISHED BUSINESS All ayes, no nays, MOTIONS ADOPTED A. Hennepin County Cost Share Agreements for 2014 Regional Trail Projects MOTION by Blackstad, seconded by Freeman, TO ENTER INTO THREE AGREEMENTS WITH HENNEPIN COUNTY PROVIDING A TOTAL FINANCIAL CONTRIBUTION OF $500,000 FOR THE FOLLOWING PARK DISTRICT PROJECTS:

45 Regular Board Meeting March 6, ) ACQUISITION AND CONSTRUCTION OF INTERCITY REGIONAL TRAIL IN MINNEAPOLIS, RICHFIELD, AND BLOOMINGTON ($200,000); 2) DESIGN AND CONSTRUCTION OF THE LAKE MINNETONKA REGIONAL TRAIL BRIDGE OVER COUNTY ROAD 19 IN TONKA BAY ($200,000), WITH COST PARTICIPATION FOR CONSTRUCTION, OWNERSHIP, INSPECTION, AND MAINTENANCE; AND 3) PLANNING, DESIGN, AND CONSTRUCTION OF THE CRYSTAL LAKE REGIONAL TRAIL SEGMENT IN ROBBINSDALE ($100,000). All ayes, no nays, MOTION ADOPTED B. Cooperative Agreements for Transportation Alternate Program (TAP) Projects MOTION by Blackstad, seconded by Freeman, TO ENTER INTO SIX AGREEMENTS OUTLINING THE PARK DISTRICT S AND LOCAL CITIES RESPONSIBILITIES PERTAINING TO PROJECTS INCLUDED IN THE PARK DISTRICT S 2017 TRANSPORTATION ALTERNATIVE PROGRAM ON-RAMPS TO THE REGIONAL TRAIL SYSTEM GRANT APPLICATIONS AS FOLLOWS: 1) INTERCITY REGIONAL TRAIL CONNECTION/EXTENSION FROM 86 TH STREET TO THE FUTURE OLD CEDAR AVENUE BRIDGE CONNECTION IN BLOOMINGTON; 2) FERNDALE ROAD BIKE LANES CONNECTING THE LUCE LINE STATE TRAIL AND DAKOTA RAIL REGIONAL TRAIL IN WAYZATA; 3) 70 TH STREET BIKE LANE FROM THE WOOD-LAKE AREA TO THE INTERCITY REGIONAL TRAIL IN RICHFIELD; 4) SOUTH CORNELIA TRAIL CONNECTION TO THE NINE MILE CREEK REGIONAL TRAIL NEAR FRED RICHARDS GOLF COURSE IN EDINA; 5) FERNBROOK LANE TRAIL CONNECTING THE LUCE LINE REGIONAL TRAIL TO LOCAL TRAIL SYSTEM AT COUNTY ROAD 6 IN PLYMOUTH; AND 6) 63 RD AVENUE TRAIL CONNECTING THE CRYSTAL LAKE REGIONAL TRAIL TO THE GREATER NEIGHBORHOOD IN BROOKLYN PARK. All ayes, no nays, MOTION ADOPTED C. Approve Sale of Mounted Patrol Unit to Duluth Police Department for the Sum of $45,000 MOTION by Gibbs, seconded by Blackstad, TO APPROVE THE SALE OF THE MOUNTED PATROL, RELATED VEHICLES AND EQUIPMENT TO THE DULUTH POLICE DEPARTMENT FOR $45,000. All ayes, no nays, MOTION ADOPTED D. (Removed from agenda.)

46 Regular Board Meeting March 6, 2014 E. Intercity Regional Trail Agreements MOTION by Gibbs, seconded by Blackstad, TO AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO REGIONAL TRAIL COOPERATIVE AGREEMENTS FOR THE INTERCITY REGIONAL TRAIL WITH THE CITIES OF MINNEAPOLIS, RICHFIELD, AND BLOOMINGTON, MINNEAPOLIS PARK AND RECREATION BOARD, AND METROPOLITAN AIRPORTS COMMISSION UPON SATISFACTORY COMPLETION AS DETERMINED BY GENERAL COUNSEL. MOTION TO AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO PUBLIC TRAILWAY EASEMENT PURCHASE AGREEMENTS FOR THE INTERCITY REGIONAL TRAIL WITH PRIVATE PARTIES AS NECESSARY TO COMPLETE THE INTERCITY REGIONAL TRAIL UPON SATISFACTORY COMPLETION AS DETERMINED BY GENERAL COUNSEL. MOTION TO ENTER INTO A SUBLEASE WITH THE CITY OF RICHFIELD AND METROPOLITAN AIRPORTS COMMISSION FOR PORTIONS OF TAFT PARK UNDER OWNERSHIP BY THE METROPOLITAN AIRPORTS COMMISSION AND LEASED TO THE CITY OF RICHFIELD FOR PURPOSES OF CONSTRUCTING, OPERATING, AND MAINTAINING THE INTERCITY REGIONAL TRAIL. 7. NEW BUSINESS All ayes, no nays, MOTIONS ADOPTED A. Adoption of LELS Police Sergeants Labor Agreements for MOTION by Blackstad, seconded by Freeman, TO ADOPT THE POLICE SERGEANTS LABOR AGREEMENT BETWEEN LAW ENFORCEMENT LABOR SERVICES LOCAL 296 AND THE PARK DISTRICT FOR ANNOUNCEMENTS Chair Gunyou reported on the following topic(s): All ayes, no nays, MOTION ADOPTED Associate Superintendent Jonathan Vlaming, Senior Manager of Engineering Eric Nelson and Chair Gunyou met with representatives from the City of Edina to discuss the planning process for Nine-Mile Creek Regional Trail. Chair Gunyou to meet with the Chair of the Minneapolis Park Board to get better acquainted and maintain relations on behalf of the Park District. Commissioner Steele reported on the following topic(s): Acknowledged Hennepin County Commissioner Gail Dorfman for her years of service and who attended her last County Board meeting this past week. Commissioner Dorfman is a former colleague of hers who has had input over the years relative to appointing candidates to serve on the Three Rivers Park District Board.

47 Regular Board Meeting March 6, ADJOURNMENT MOTION by Steele, seconded by Freeman, TO ADJOURN THE REGULAR BOARD MEETING OF MARCH 6, All ayes, no nays, MOTION ADOPTED The meeting was adjourned at 12:24 p.m. John Gunyou, Board Chair Cris Gears, Superintendent

48 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Consent Item Number: 5E Department: Finance Originating Source: Howard Koolick, Director/CFO Agenda Item: Approval of Claims for the Period Ended March 13, 2014 Superintendent s Recommendation: MOTION TO APPROVE PAYMENT OF CLAIMS AS RECOMMENDED BY THE SUPERINTENDENT FOR THE PERIOD ENDED MARCH 13, 2014, IN THE AMOUNT OF $1,827, Background: Claims (see Reference 5E-1).

49 Reference 5E-1 THREE RIVERS PARK DISTRICT TO: FROM: BOARD OF COMMISSIONERS DEPARTMENT OF FINANCE SUBJECT: CLAIMS FOR THE PERIOD ENDED MARCH 13, 2014 Payroll Disbursements: Net Pay Disbursed $659, State and Federal Taxes Paid Electronically $400, Total Payroll $1,060, Sales and Use Tax February 2014 $72, Petroleum Tax $.00 Payment to Wells Fargo for Procurement Cards $.00 Accounts Payable Checks Generated $694, Total Claims for the period ended March 13, 2014 $1,827, (Note: The attached listing does not include checks voided due to printer alignment.) APPROVED FOR PAYMENT ON: John Gunyou, Board Chair Cris Gears, Superintendent and Secretary to the Board

50 PREPARED 03/13/2014, 14:23:01 A/P CHECKS BY PERIOD AND YEAR PAGE 1 PROGRAM: GM350L THREE RIVERS PARK DISTRICT FROM 02/28/2014 TO 03/13/2014 BANK CODE CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT /06/ ACTION GARAGE DOOR CO , /06/ ADVANTAGE SIGNS & GRAPHICS /06/ ALLIED WASTE SERVICES , /06/ AMERICAN LIBERTY CONSTRUCTION, , /06/ A-1 OUTDOOR POWER /06/ B&D PLUMBING & HEATING INC /06/ BROOKLYN CENTER SCHOOL ISD /06/ BEENA BROWN /06/ BRYAN ROCK PRODUCTS INC /06/ CENTERPOINT ENERGY , /06/ CENTRAL ELEMENTARY SCHOOL /06/ CENTURY LINK /06/ CENTURY LINK /06/ CENTURY LINK /06/ CENTURY LINK QCC , /06/ CHIEF'S TOWING /06/ CNH CAPITAL /06/ CONCRETE CUTTING & CORING INC /06/ CONNEXUS ENERGY 82 2, /06/ COOPER SKI TEAM /06/ COTTEN'S INC /06/ CUB FOODS /06/ RACHEL CURRAN /06/ MARYLIN DASSEOS /06/ DATALINK CORPORATION , /06/ DAY GROUP LLC , /06/ DEPT OF HUMAN SERVICES /06/ DISCOUNT STEEL INC , /06/ DOCUNET CORPORATION /06/ DPS/FLEET /06/ DYNAMIC COMMUNICATIONS INC /06/ CITY OF EDEN PRAIRIE /06/ KELLY EGGERS , /06/ EPA AUDIO VISUAL /06/ EXCEL WINDOW CLEANING CO INC /06/ MARILYN GARBER /06/ GERMAN SHORTHAIR PT /06/ GLEASON PRINTING/MONOTRADE CO /06/ HENNEPIN COUNTY CHIEFS OF /06/ HERC-U-LIFT /06/ HITESMAN & WOLD /06/ CITY OF HOPKINS , /06/ INDUSTRIAL LUMBER & PLYWOOD /06/ INFINITY WIRELESS /06/ INTEGRA TELECOM /06/ ISD 279 CREST VIEW ELMENTARY /06/ JN JOHNSON FIRE & SAFETY 473 1, /06/ JOHNSON PAPER & SUPPLY CO , /06/ KALEIDOSCOPE CHAPTER

51 03/06/ CLAYTON KEIM /06/ LAW ENFORCEMENT TECHNOLOGY GRO , /06/ LOCKRIDGE GRINDAL NAUEN P.L.L , /06/ LORETTO TOWING /06/ M AMUNDSON , /06/ MAIN STREET BAKERY /06/ MARKET FARM IMPLEMENT , /06/ ANGELA MARTIN /06/ MENARDS-EDEN PRAIRIE /06/ MENARDS - MAPLE GROVE , /06/ MIDWEST TRENCHLESS TECHNOLOGIE /06/ CORRINE MILLER /06/ MN CLIPPING SERVICE /06/ MN DEPT OF LABOR AND INDUSTRY /06/ MN DEPT OF TRANSPORTATION , /06/ MN HELICOPTERS , /06/ MN METRO EWGA /06/ MN VALLEY ELECTRIC COOP 616 3, /06/ NIKELLE MORRIS /06/ MPCA /06/ NAMIFIERS LLC /06/ ODWALLA INC /06/ P&D MECHANICAL CONTRACTING /06/ PAPER ROLL PRODUCTS /06/ PESTOP INC , /06/ PRAIRIE FARM SUPPLY /06/ PRIOR LAKE AGGREGATE INC /06/ REINHART FOODSERVICE , /06/ ROGER JOHNSON /06/ ROTO-ROOTER /06/ SCHERER BROTHERS LUMBER COMPAN /06/ SCOTT-RICE TELEPHONE CO /06/ FRED SEYMOUR /06/ SHAKOPEE PUBLIC UTILITIES , /06/ SIGNATURE CONCEPTS INC /06/ DARLENE SNELSON /06/ SPECIAL SCHOOL DISTRICT # /06/ SRF CONSULTING GROUP INC , /06/ ST CROIX VALLEY BRIT /06/ STREICHER'S /06/ SUEL PRINTING COMPANY /06/ SUMMIT FACILITY & EQUIPMENT SE , /06/ SUPERIOR BROOKDALE FORD LLC , /06/ ELIZABETH SWANSON , /06/ TARPS /06/ TAYLOR MADE GOLF CO /06/ THE DESIGN COMPANY /06/ THORPE DISTRIBUTING CO 875 1, /06/ TOLL GAS & WELDING SUPPLY /06/ TORO NSN , /06/ TREE TRUST /06/ TULLY, CHRISTOPHER /06/ TWIN CITY HARDWARE COMPANY /06/ UHL COMPANY INC /06/ UPPER MIDWEST GOURMET , /06/ VERIZON WIRELESS ,

52 03/06/ VERMONT SYSTEMS INC , /06/ VIKING ELECTRICAL SUPPLY /06/ VISIONS, INC /06/ WATSON COMPANY INC, THE , /06/ XCEL ENERGY , /06/ ZIEGLER INC /06/ ST AYD CORPORATION , /13/ ACME TOOLS , /13/ ACTION FLEET /13/ ARTISAN PLUMBING & REMODELING /13/ AUTOWORKS COLLISION CENTER INC , /13/ B&D PLUMBING & HEATING INC , /13/ BAUER BUILT TIRE & SERVICE /13/ BERRY COFFEE /13/ BIFFS INC /13/ LARRY BLACKSTAD , /13/ BOYER TRUCKS /13/ BRIDGESTONE GOLF /13/ CARVER COUNTY COURT SERVICES /13/ CCMSI , /13/ CCMSI , /13/ CENTERPOINT ENERGY , /13/ CENTURY LINK /13/ CENTURY LINK , /13/ CITY OF CHAMPLIN /13/ CHIEF'S TOWING /13/ CINTAS FIRST AID & SAFETY /13/ COCA-COLA REFRESHMENTS USA INC , /13/ COMO PARK ZOO & CONSERVATORY /13/ CONCRETE CUTTING & CORING INC /13/ COOP PARTNERS WAREHOUSE /13/ CORE BEVERAGE /13/ CRYSTAL WELDING /13/ CULLIGAN - METRO /13/ CUMMINS ALLISON CORP /13/ DELANO CARQUEST , /13/ DEX EAST /13/ DISCOUNT STEEL INC , /13/ DITTER HEATING & COOLING , /13/ DPS/FLEET , /13/ DYNAMIC COMMUNICATIONS INC /13/ ENGINEERING DESIGN INITIATIVE , /13/ ESPRESSO SERVICES INC /13/ EUGENE A MITCHELL & ASSOCIATES , /13/ FASTENAL COMPANY /13/ FINANCE AND COMMERCE /13/ FORCE AMERICA /13/ FRONTIER COMMUNICATIONS , /13/ GENUINE PARTS COMPANY-MPLS 355 3, /13/ GOLF MINNESOTA /13/ GREAT AMERICAN LEASING CORPORA /13/ GREENHAVEN PRINTING , /13/ CATHERINE HEARDING /13/ HENNEPIN COUNTY ACCOUNTS RECEI /13/ HERC-U-LIFT /13/ HIRERIGHT ,

53 03/13/ HOLDAHL COMPANY /13/ HOLE IN WHITE , /13/ HOME DEPOT , /13/ IMPACT TELCOM /13/ INTEGRA TELECOM /13/ JOHNSON PAPER & SUPPLY CO , /13/ KOTHRADE SEWER, WATER & EXCAVA /13/ LANO EQUIPMENT-ANOKA , /13/ LEVAHN BROS HARDWARE /13/ LEXISNEXIS /13/ LILLIE SUBURBAN NEWSPAPER, INC /13/ LOWE'S , /13/ LUBE-TECH ESI , /13/ MARGUERITE MATUSESKI /13/ MENARDS-EDEN PRAIRIE /13/ MENARDS - MAPLE GROVE /13/ METRO AIR /13/ METRO CLEANING SERVICE INC /13/ MIDWAY FORD , /13/ CITY OF MINNETONKA /13/ MINNETONKA PAINTING 619 2, /13/ MPGMA /13/ MR SIGN CO INC , /13/ MTI DISTRIBUTING INC , /13/ NEW FRENCH BAKERY /13/ O C TANNER RECOGNITION COMPANY , /13/ ODWALLA INC /13/ OREILLY AUTOMOTIVE INC /13/ PARK CHRYSLER JEEP /13/ PENN LAKE TRUE VALUE /13/ PESTOP INC /13/ CITY OF PLYMOUTH , /13/ POST BOARD /13/ PREMIUM WATERS INC /13/ PUKKA INC , /13/ RACKSPACE , /13/ RDO EQUIP CO TRUST ACCT # /13/ REINHART FOODSERVICE , /13/ RICOH PRODUCTION PRINT SOLUTIO /13/ SATELLITE SHELTERS /13/ SAMANTHA SCHELLHAAS /13/ SHERWIN WILLIAMS CO /13/ SHERWIN WILLIAMS CO /13/ SIERRA BRAVO CORP , /13/ SIPE BROS INC /13/ SKI MOUNTAIN SUPPLY INC /13/ SOUTHWEST NEWSPAPERS /13/ SUBURBAN TIRE WHOLESALE INC /13/ SUMMIT FACILITY & EQUIPMENT SE /13/ TAB PRODUCTS CO LLC , /13/ TOLL GAS & WELDING SUPPLY /13/ TREE TRUST /13/ UHL COMPANY INC /13/ UMR GEOTHERMAL /13/ VARNER MOBILE SERVICES /13/ VERIZON WIRELESS

54 03/13/ VERMONT SYSTEMS INC /13/ VIKING ELECTRICAL SUPPLY /13/ VISIONS, INC /13/ WILDLIFE SCIENCE CENTER /13/ WORKERS' COMPENSATION , /13/ WRIGHT HENNEPIN SECURITY , /13/ XEROX CORP 968 3, /13/ SHATA YANG DATE RANGE TOTAL * 694, * 5

55 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Unfinished Item Number: 6A Division: Recreation, Education & Nat. Resources Originating Source: Tom McDowell, Assoc. Supt. Agenda Item: Proposed Direction Pertaining to the National Register of Historic Places Superintendent s Recommendation: MOTION TO AUTHORIZE THE SUPERINTENDENT TO SEEK ENROLLMENT ON THE NATIONAL REGISTER OF HISTORIC PLACES FOR APPROPRIATE HISTORIC STRUCTURES WITHIN THE PARK DISTRICT. The above motion was recommended for approval at the March 6, 2014, Recreation, Education and Natural Resources Committee with a five to one vote. In accordance with the Rules of the Board, this item is being placed under Unfinished Business rather than Consent Items for final Board consideration and/or approval. The following information was prepared by Tom McDowell, Associate Superintendent, and Bill Walker, Cultural Resources Program Coordinator. Background: In 2011, the Board approved a Cultural Resources Management Plan for the Park District which affirms that the primary goal of the Park District s cultural resources program is to: identify, protect and manage the broad range of cultural resources within the Park District s jurisdiction in alignment with the highest professional standards, and to interpret these resources to promote understanding of human connections with the natural world. This goal is grounded in the Park District s founding legislation (MN Statute ), which lists providing public access to historic sites as one of the primary duties of the Board. It also reinforces the Park District s mission by providing visitors tangible links to past human interactions with the natural world. To aid in achieving this goal, staff is seeking Board support for the preferred procedure for nominating eligible historic properties within the Park District for listing on the National Register of Historic Places (NRHP). Administered by the National Park Service, the NRHP is our Nation s official list of historic districts, sites, buildings, structures and objects that have been documented and evaluated for their significant contributions to American history, architecture, archaeology, engineering or culture. As a management tool, the NRHP is often the key to acquiring the community support and funding necessary to provide for the longterm protection of our most significant cultural resources. A National Register listing is generally a prerequisite for accessing historic preservation grant monies, such as the Legacy Amendment funds administered by the Minnesota Historical Society. In addition, there are a number of Federal and private/non-profit grant programs that are also available only to NRHP listed properties.

56 As a government agency, Three Rivers is already required to consider potential impacts on cultural resources during project planning to ensure compliance with all applicable federal, state and local regulations. As such, listing a property on the NRHP does not add significant additional restrictions to the Park District s existing rights to alter or dispose of said property. Staff is requesting that National Register listing be explored as one reliable way to assist in preserving and interpreting the Park District s cultural resources. Currently there are two historic structures within the Park District that were recently certified as NRHP eligible by the State Historic Preservation Office (SHPO: The Noerenberg Estate Barn (c. 1912) located at Noerenberg Memorial Park. The Schmid Farmstead Ruins (c.1876) located at Lake Minnetonka Regional Park. If the requested action is approved, staff will develop and submit a NRHP nomination for each of these structures. The nomination process, which will not require the expenditure of general fund dollars, can take as much as a year to complete given the many stages of review. In the case of both the Noerenberg Estate Barn and the Schmid Farmstead Ruins, staff has identified necessary preservation initiatives that would be eligible for grant funding if the properties were listed on the National Register. Relationship to the Vision: This initiative supports the actionable goals described in the Vision Plan by creating vibrant places, inspiring park guests to recreate, and ensuring the protection and preservation of Park District resources. Relationship to Policy Statement: The Request for Action supports the following goals of the Policy Statement: Policy I - Purpose of the Park District Policy IX Recreation Use: C. Special Interest Recreation Activities. D. Outdoor Education.

57 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Unfinished Item Number: 6B Division: Planning, Design & Technology Originating Source: Jonathan Vlaming, Assoc. Supt. Agenda Item: French Regional Park Pavement Rehabilitation Project and Consultant Agreement Superintendent s Recommendation: MOTION TO AUTHORIZE THE SUPERINTENDENT AND BOARD CHAIR TO ENTER INTO A CONSULTANT AGREEMENT WITH STANTEC CONSULTING SERVICES INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE FRENCH REGIONAL PARK PAVEMENT REHABILITATION PROJECT, WITH A TOTAL HOURLY NOT-TO-EXCEED FEE IN THE AMOUNT OF $377,500 INCLUDING REIMBURSABLE EXPENSES, AND TO ESTABLISH A TOTAL CONSULTANT BUDGET IN THE AMOUNT OF $415,250 TO INCLUDE A TEN PERCENT CONTINGENCY WITH FINANCING FROM THE 2014 ASSET MANAGEMENT PROGRAM. The following information was prepared by Josh Bowe, Civil Engineer. Background: The 2014 Asset Management Program includes funding for the engineering of a pavement rehabilitation, water main replacement, and boat ramp reconstruction project at French Regional Park. The project includes pavement rehabilitation of the main entrance road, car and boat trailer parking lots, Field Operations Center access road and parking lot, internal park trails, and the Medicine Lake Regional Trail within the park s boundary (Reference 6B-1). In conjunction with the pavement rehabilitation, best management practices will be incorporated to reduce pollutants from stormwater runoff and improve water quality in Medicine Lake. This project also includes the reconstruction of the boat ramp, a frequent source of operational and maintenance problems and park user complaints. Finally, the project also includes replacement of the water distribution system and isolated sanitary sewer repairs. Most of the water piping was in place when the Park District began acquiring the property in the 1970s and has reached the end of its service life, as evidenced by the numerous repairs of water main breaks that the Park District has undertaken over the past 10 years. Reconstruction of the boat ramp and the repairs to the water and sanitary piping are funded in the 2014 Asset Management Program and are expected to begin after Labor Day 2014 and to be completed prior to winter. The boat ramp will be closed for the duration of the boat ramp reconstruction project. Closure of the boat ramp will be coordinated with the City of Plymouth, with the intent of having the city boat ramp on the west side of Medicine Lake serve as an alternative boat launching location during construction. Park users will be notified of the boat ramp closure through on-site signage, postings on the Park District website, press releases, and any other appropriate means identified by the project team.

58 Pavement rehabilitation will begin in spring 2015 (subject to approval of the 2015 Asset Management Program) and is expected to be completed by fall An open house will be held during the summer of 2014 to inform park users of the upcoming construction projects and schedules. Though the Park will remain open during construction, temporary road closures and water service shutdowns will be required during the water system replacement project. The pavement rehabilitation construction in 2015 will be staged, completing construction in a specific area prior to disturbing other areas of the Park (Reference 6B- 2). Construction staging will be developed and finalized during design. Stantec Consulting Services Inc. is included in the current professional consulting services pool approved by the Board at their regular meeting last December. The proposed consultant fee and scope of work was cooperatively developed between Park District staff and the consultant. The proposed fee of $377,500 represents 8.5 percent of the estimated $4.4 million construction cost, which is consistent with industry standards and the trends that staff have observed on similar pavement rehabilitation projects recently completed. The Superintendent and staff recommend the consulting firm of Stantec Consulting Services Inc. be hired to provide design engineering services for the French Regional Park Pavement Rehabilitation project. A separate consultant agreement for construction administration services will be brought back to the board simultaneous with the award of construction contract, per our standard practices. Relationship to the Vision The Request for Action supports the following element(s) of the Vision Plan: Inspire people to recreate Create vibrant places Relationship to Policy Statement The Request for Action supports the following elements of the Policy Statement: Policy VI (C.) Project Plans Policy IX (A.) Park District s Role in the Provision of Recreational Activities Policy X (G.) Design Standards

59 Reference 6B-1 FRENCH REGIONAL PARK PAVEMENT REHABILITATION PROJECT DRAWING OF PROJECT

60 French Regional Park PMP Presentation Three Rivers Park District Board Meeting March 20, 2014

61 Presentation Outline: Project Overview Boat Ramp Reconstruction Water System Reconstruction Pavement Rehabilitation Phasing Project Schedule Questions

62 Project Overview Reconstruct Boat Ramp Reconstruct Water System Sanitary Sewer Repairs Pavement Rehabilitation Roads, Parking Lots, internal park trails, & Medicine Lake Regional Trail within the Park boundary Stormwater Best Management Practices

63 Boat Ramp Issues Functional for only one user at a time, resulting in long wait times Shallow water depth Large gaps between concrete planks Concrete plank connections are failing Continual maintenance problems

64 Boat Ramp Issue Pictures Concrete Plank Gap Spring Maintenance Failing Concrete Plank Connection Shallow Water Depth

65 Water System Inherited existing water system from the City; 1971 installation Park District installed water lines in 1982, 1983, 1985, and 1987 Water lines consist of 6 and 8 cast iron and ductile iron pipe and ¾ copper pipe There have been 8 water breaks between 1998 and 2005 Breaks are the result of corrosive soils New plastic pipes will replace existing piping

66 Water System Breaks Map CIP: Cast Iron Pipe DIP: Ductile Iron Pipe : 6 CIP (1971) : 6 DIP (1982) : 6 CIP (1971) : 6 DIP (1982) : 6 CIP (1971) : 6 DIP (1982) : 6 DIP (1987) 8. Date Unknown: 6 DIP (1985)

67 Pavement Rehabilitation Pavement Reconstruction will be staged to keep the Park open during construction. Final staging sequence will be determined during design Stormwater best management practices will be evaluated throughout the Park

68 Tentative Schedule: Boat Ramp and Water System Projects Bidding Documents: July 18, 2014 Receive Bids: August 6,2014 Award Contracts Board Meeting: August 21, 2014 Commence Construction: September 8, 2014 Construction Completion: December 2014

69 Tentative Schedule: Pavement Rehabilitation Project Bidding Documents: January 2015 Receive Bids: March 2015 Award Contracts Board Meeting: March 18, 2015 Commence Construction: May 2015 Construction Completion: September 2015

70 Questions

71 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Unfinished Item Number: 6C Division: Park and Trail Operations Originating Source: Boe Carlson, Associate Supt. Agenda Item: Approval of Overall Project Budget for the HSSA Redevelopment Project Superintendent s Recommendation: MOTION TO APPROVE A TOTAL PROJECT BUDGET OF $14,970,000, INCLUDING A 5% CONSTRUCTION CONTINGENCY, BASED ON PROPOSED MODIFICATIONS TO THE SCOPE OF THE PROJECT AS DISCUSSED AT THE MARCH 13 TH MEETING OF THE LONG-RANGE STRATEGIC INITIATIVES COMMITTEE, WITH FINANCING FROM THE HSSA CASH BALANCE, REVENUE BONDS, AND UNDESIGNATED FUND BALANCES. Background: At the continuation of the Strategic Initiatives Committee meeting on March 13 th, staff was directed to remove the following items from the list of proposed improvements associated with the HSSA Redevelopment Project: Stormwater and landscaping costs associated with the parking area owned by the City of Bloomington; flag poles; shelter station at the Normandale parking area; canopies over the ticket window and patrol entrance; the freight elevator (if allowed by the health department); ceiling tile in staff areas; AV system (monitors) in the dining area; stairs for staff access to the roof; and a reduction in the amount of ceramic tile in the restrooms and in the quality and quantity of casework. In addition, staff was asked to provide additional information on carpeting options, roof insulation, lighting, the lower-level freezer and the project contingency. Subsequent to the Committee meeting, seven bids for the remaining three contract divisions were received on March 18, Though the new bids came in $120,000 below the budgeted projection, staff is recommending that the overall project budget be reduced by $65,000 to reflect the fact that all other proposed budget reductions are only estimates, and are subject to final negotiations with selected contractors. Additional information requested by the Committee: The Committee requested additional information on the following items that are included on the list of items being removed from the project as per the recent Committee meetings: Reduction of Carpet Quality: The project team reviewed options to reduce carpet quality by utilizing recycled rubber tiles or similar materials. HSSA staff has utilized this product at the current chalet with limited success. Though the product appears to be wearing well, it is extraordinarily difficult to clean and maintain an acceptable appearance, taking two to three times as long to clean as other surfaces. The project Architect reviewed the bid quantities specified in the contract documents and is recommending a reduction in the amount for heavy duty carpet. A deduct change order of approximately $20,000 is anticipated without a reduction of quality. Eliminating the Service Elevator: The project team contacted the City code official and health inspector, and they do not require a separate service elevator from the

72 public elevator. However, more flooring and wall surface changes may be required in the public elevator to accommodate this use. A deduct change order of approximately $60,000 is anticipated without a reduction of quality. Construction Contingency: The proposed current contingency has been reduced from $650,000 to $611,000 to represent 5% of the total projected contract amounts and general conditions. A detailed memo prepared by the Director of Design (Reference 6C-1) is attached and outlines construction contingencies and their historical use in the Park District. The Committee requested additional information on the following items that are not included on the list of items being removed from the project as per the recent Committee meetings: Reduce the Roof Insulation by 2 : The project team met with mechanical engineers and consultants to discuss roof insulation options and other measures to reduce cost. A complete Energy Design Assistance report sponsored by Xcel Energy and CenterPoint Energy and conducted by the Weidt Group outlines four options to be evaluated and discussed by the project team to implement the best strategies based on the current budget, long term operational cost, payback periods, and potential Energy Construction Incentives. Information from design engineers and The Weidt Group indicates that a cost savings from a reduction in insulation may be better invested in high quality windows resulting in pay back periods of less than 5 years. Reduction in the quality of the Light Fixtures: In addition to the roofing insulation, the light fixtures are included in the Energy Design Assistance report and are identified as a key component in reducing the energy load with the use of LED fixtures, and are not recommended to be replaced with fluorescent fixtures. The report indicates that the LED light system reduces the electrical utility cost by 60%, from an estimated $30,000/year to $10,000/year. Elimination of the Lower Floor Freezer: The project team has identified a potential cost reduction of $10,000 with the elimination of the lower level freezer. However, maintaining the lower level freezer would allow for increased food storage and the ability to maintain inventory without as much reliance of the public elevator. The project team will continue to evaluate all contract work for value engineering reductions and other cost saving measures, and be fiscally responsible on spending for all other soft costs. By incorporating the reductions suggested at last week s Committee and reductions based the recently opened bids, staff recommends that the Board adopt a project budget of $14,970,000 (Reference 6C-2) to adequately deliver a successful project.

73 memo Date: March 14, 2014 To: From: Subject: Cris Gears, Superintendent and Secretary to the Board Amy Gurski, P.E., Director of Design Michael Horn, PLA, Senior Manager of Landscape Architecture HSSA Chalet: Construction Contingency In the implementation of architectural projects, Park District project managers typically deal with 3 different types of project contingencies. These include: design contingency, consultant contingency, and construction contingency. The purpose of this memo is to focus on construction contingency for Park District construction contracts, in response to Commissioners questions at yesterday s meeting regarding HSSA Chalet. What is construction contingency? The best definition of construction contingency is paraphrased from the American Institute of Architects (AIA): A predetermined amount or percentage of the contract held for unpredictable changes in the project. A contingency is a helpful risk management tool that financially prepares owners for addressing risk within the project. Contracts provide for contingencies to pay for unknown conditions such as design changes in scope or due to errors and omissions, or necessary construction changes that are realized on site during construction such as unsuitable soils or buried foundations. Owners should strive to provide a healthy contingency to the project to address risk related issues. If managed properly, a contingency can provide a safeguard for the designer, contractor, and owner to complete the project on budget. What is construction contingency typically used for? We looked at Eastman Nature Center s construction records, as a point of reference for HSSA Chalet, to describe what we might expect to spend contingency allowance on a typical building project. The types of unforeseen and unanticipated costs incurred with the contingency allowance for Eastman Nature Center were soil corrections, soil removal, demolition overages, structural changes, code compliance, and lighting modifications. What is the Park District s practice? The Park District has historically used the standard industry practice of allocating a ten percent (10%) contingency allowance for both architectural and engineering construction contracts. Construction contingency is not allocated for extra costs as it is a recognized budget allowance to account for potential unknowns during construction, and any unspent 3000 Xenium Lane North, Plymouth, MN Phone:

74 contingency is considered a savings to the total project budget. In the last five years, the following architectural projects with construction contracts over $250,000 were completed under budget (i.e. within the total project budget, including contingency allowance). In all cases, projects were completed under budget as the full contingency allowance was not used, resulting in an overall project budget savings shown in the last column. Project Year Contract Amount Contingency Budgeted Construction Contingency Untapped Silverwood Visitor Center (Building) Eastman Nature Center * Baker Near- Wilderness Office Building Crow-Hassan Nursery Shop Expansion Baker National Golf Clubhouse Restroom Renovation Landing Restroom Building Crow-Hassan Nursery Shop Renovation 2009 $8,022,418 $802,242 $208, $3,770,750 $188,538* $67, $268,072 $26,807 $22, $540,400 $54,040 $21, $272,350 $27,235 $20, $390,000 $39,000 $20, $336,700 $33,670 $12,458 *The Eastman Nature Center project is an exception, as its budget carried a 5% contingency allowance in order to meet overall budget constraints, similar to HSSA Chalet. It should be noted that total project budget under-runs are also consistently produced on engineering projects. The most recent example is last year s Fish Lake Pavement Rehabilitation project in which the 10% contingency allowance was not used: Total contract amount: $1,424,477 10% construction contingency: $142,477 Total project budget: $1,566,954 Final contract amount: ($1,411,768) Total project budget under-run/savings: $155,186 What construction contingency allowance is assigned to HSSA Chalet? In the case of HSSA Chalet, a 10% construction contingency was included in overall project budget estimates during the early design phases, as per standard practice. This was later reduced to a 5% construction contingency as a budget reduction strategy. The Board has discretion to increase or decrease this contingency allowance as it truly is a risk management tool to financially prepare the Park District for unpredictable changes during construction.

75 Why did the contingency increase between original estimate and current? Item Original Estimate Total with current bids Chalet Parking & Site Work Fees Utilities, FFE Const. Contingency Totals The math for calculating the construction contingency for the above presentation slide is as follows: Original estimate: Our target budget was The fixed costs were the resulting in a budget constraint of 0.5 for contingency. Total with current bids: ( ) x 5% = (rounded to 0.65) contingency allowance. Staff recommends a minimum of 5% construction contingency allowance. Please contact me with any questions or comments. \\ADMN-NRMSTORE\Dprdata\DEVELOPMENT STAFF\Amy\2014\ _Projectcontingency_Cgears_Hssachalet.Docx 3000 Xenium Lane North, Plymouth, MN Phone:

76 HSSA Redevelopment - Cost Reductions Running Deduction Notes $ 15,500,000 Direct City Cost $220,000 Cost for Stormwater / Assoc. Landscaping to City Correct separation of work at the Normandale area parking lots $ 15,280,000 Omit items that limit visitor or operational impacts Estimated at $75,000 Flag Poles Currently there are no flagpoles Shelter Station at Normandale Parking Area Benches only, defer structure to a future date Parking Fee System Messaging only Sub total $ 15,205,000 Reduce quality / quantity, or defer items that impact the visitor experience Estimated at $110,000 Canopies over Ticket window and entrance to patrol Remove, potential to add a standalone canopy at a later date Freight Elevator Health Dept. has approved using public elevator for food, etc. Reduce Ceiling Tile Paint all Ceiling areas AV System Defer monitors and AV system in dining area Sub total $ 15,095,000 Reduce quality / quantity, or defer items that impact operations Estimated at $60,000 Remove stairs to roof Redesign to include a hatch and ships ladder to roof Reduce Tile Reduce height of tile in bathroom walls Reduce Carpet Quality Correction of heavy duty unit quantities Reduce Quality and Quantity of Casework Reduce quantity of case work for storage and quality of remainder Sub total $ 15,035,000 Reduction based on bids received $65,000 Total Proposed Project Budget $14,970, HSSA Cost Reductions.xlsx

77 Funding Options Source Previous Recommendation May 2013 Revised Recommendation March 2014 G.O. Revenue Bonds $5,000,000 $5,000,000 HSSA Fund Balance $3,250,000 $3,250,000 Met Council Development Grant $3,000,000 $3,000,000 Met Council Legacy Grant $-0- $-0- Park District Unallocated - Unspent Bond Proceeds $1,500,000 $1,500,000 LADB Fund $750,000 $750,000 Rehabilitation Fund $1,000,000 $1,000,000 General Fund Undesignated Fund Balance $-0- $470,000 Total $14,500,000 $14,970,000 A final funding plan will be presented to the Board when authorization to issue the bonds is sought. While the total funding amount will not change, the amount allocated to each source may fluctuate.

78 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Unfinished Item Number: 6D Division: Park and Trail Operations Originating Source: Boe Carlson, Associate Supt. Agenda Item: HSSA Redevelopment Project Award of First Round of Contracts Superintendent s Recommendation: MOTION TO APPROVE A CONSTRUCTION CONTRACT GROUP FOR HSSA REDEVELOPMENT IDENTIFIED AND SUMMARIZED IN THE ATTACHED LETTER PREPARED BY STAHL CONSTRUCTION COMPANY AND HEREBY MADE A PART OF THIS BOARD ACTION IN THE CONSTRUCTION AMOUNT OF $9,372,741 PLUS A FIVE PERCENT CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $468,637 FOR A BUDGET AMOUNT OF $9,841,378 FROM THE PREVIOUSLY ESTABLISHED PROJECT BUDGET. Background: Advertisement for Bids for this project was placed on Quest CDN and Finance and Commerce on January 21, Bids were received for 27 of 30 contracts on February 11. The remaining 3 contacts were rebid on February 18 and were received on March 18, Stahl Construction Company has provided a letter to the Park District delineating contracts they are recommending for award (Reference 6D-1) for the following work: Earthwork and Site Utilities; Asphalt Paving; Site Concrete; Concrete and Masonry; Structural Pre-cast Plank; Furnished Metals; Install Metals; Rough and Finish Carpentry; Furnish Doors, Frames and Hardware; Coiling Overhead Doors and Grills; Aluminum Entrances and Storefronts; Fire Protection; Plumbing and HVAC; and Electrical. Stahl has evaluated and interviewed each low bidder for the construction divisions included in the attached recommendation to ensure responsibility for compliance with the scope of work and contract provisions. Following approval of the recommended action (above), Stahl will negotiate deduct change orders with the awarded contracts in accordance with the preceding Board action (Item 6C). Additional review of the remaining construction contracts and Stahl s recommendations for awards will follow at subsequent Board meetings. Demolition of the Chalet is anticipated to begin in April of 2014, with completion of the project prior to the 2015/2016 winter season. A detailed schedule will be developed by Stahl upon approval of the contracts. Relationship to the Vision: The Requested Action supports the following elements of the Vision Plan: Inspire people to recreate Create vibrant places

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81 REQUEST FOR BOARD ACTION Meeting Date: 03/20/14 Business Item: Unfinished Item Number: 6E Division: Park and Trail Operations Originating Source: Boe Carlson, Associate Supt. Agenda Item: Legislative Update Superintendent s Recommendation: NO ACTION REQUIRED; THIS ITEM IS FOR INFORMATION AND DISCUSSION. Background: The Associate Superintendent of the Park and Trail Operations Division, along with the Superintendent and the Chair of the Intergovernmental and Community Engagement Committee, will provide a verbal update to Commissioners on current Park District legislative initiatives. For your convenience, a copy of the 2014 Legislative Work Program and Procedures has been attached (Reference 6E-1). Relationship to the Vision: The Request for Action supports the following element(s) of the Vision Plan: Protect the region s water and natural resources Collaborate across boundaries

82 Reference 6E Legislative Work Program The Park District s legislative program is an important means of securing funding, monitoring legislation that could affect the Park District, and building relationships with the Park District s Legislative Delegation. Implementation of this program requires coordinated involvement from the Park District Board of Commissioners, the Superintendent, Senior Management, and the Park District Legislative Consultant, as well as the entire Park District staff. Legislative Program Each year the Park District Board of Commissioners considers and adopts a legislative program as recommended by the Superintendent. This program identifies broad legislative issues that are to be monitored during the upcoming session in an effort to maintain the operation of the Park District. These could include funding, enabling legislation, natural resource, and human resource issues. By identifying broad issues and overall desired outcomes, this program is flexible and allows for immediate and appropriate response, if changes are required. The following represents the Park District s legislative agenda for the 2014 Minnesota Legislative Session. This legislative program is organized into Part A and Part B with objectives delineated in each division. The Board may adopt the following positions on legislative items. Strongly Support: The Board desires to take an affirmative and proactive approach to advocating for the Park District s interest on the issue. Possible actions could include: preparing bills and seeking authors, seeking additional authors for proposed legislation, preparing and distributing position papers to legislators, intentional and coordinated program of legislative contact related to the issue, and/or testifying at hearings related to the issue. Support: The Board desires to acknowledge Three Rivers Park District public support for the issue through the transmittal and communication of the Legislative Program document and in general discussions with legislative contacts. Monitor: The Board desires to stay abreast of actions related to the issue that may affect the Park District and will communicate its interest within the Legislative Program document. The Park District s legislative consultant and staff will apprise the Board of actual legislative activity that may affect the Park District related to the issue and seek additional Board direction, including a change in program status if necessary.