THREE RIVERS PARK DISTRICT

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1 THREE RIVERS PARK DISTRICT REGULAR BOARD MEETING January 22, 2015 Commissioners Present: Steven E. Antolak, Larry Blackstad, Jennifer DeJournett, Daniel Freeman, John Gibbs, John Gunyou and Penny Steele Staff Present: Jonathan Vlaming, Acting Superintendent; J. Brauchle, K. Grissman, A. Gurski, M. Horn, H. Koolick, P. Maher, J. McDowell, T. McDowell, J. McGrew-King, A. Meyer, E. Nelson, S. Shurson and L. Ziegler Others Present: Margaret Vesel, Legislative Consultant - Larkin, Hoffman, Daley & Lindgren Ltd. 1. OPENING BUSINESS A. Call to Order 2014 Board Chair John Gunyou called the meeting to order at the Administrative Center, Board Room, 3000 Xenium Lane North, Plymouth, MN at 5:06 p.m. following the swearing-in ceremony of re-elected Commissioners Jennifer DeJournett and John Gunyou administered by The Honorable Peter A. Cahill. B. Pledge of Allegiance C. Roll Call 2. APPROVAL OF AGENDA Acting Superintendent Jonathan Vlaming requested that Item 5C. be removed from Consent Items and placed under Unfinished Business. MOTION by Blackstad, seconded by Freeman, TO AMEND THE AGENDA BY REMOVING ITEM 5C. BAKER/CARVER REGIONAL TRAIL COOPERATIVE AGREEMENT (MINNETRISTA) FROM CONSENT ITEMS AND PLACING IT UNDER UNFINISHED BUSINESS AND FURTHER, TO APPROVE THE AGENDA OF THE JANUARY 22, 2015, REGULAR BOARD MEETING AS AMENDED. 3. SPECIAL BUSINESS A. Election Procedures and Election of Officers 1. ELECTION PROCEDURES MOTION by Freeman, seconded by Antolak, TO ADOPT THE FOLLOWING PROCEDURES FOR THE 2015 ELECTION OF OFFICERS: ELECTIONS WILL BE HELD IN THE ORDER PRESENTED AND BY ROLL CALL VOICE VOTE

2 Regular Board Meeting January 22, 2015 CALL FOR NOMINATIONS WILL OCCUR THREE TIMES MOTION TO CLOSE NOMINATIONS IS REQUIRED MOTION TO ELECT THE CANDIDATE IN ORDER NOMINATED (simple majority required). 2. ELECTION OF OFFICERS A. CHAIR PRO TEM CALL FOR NOMINATIONS FOR CHAIR PRO TEM (three times). Commissioner Freeman nominated Commissioner Gunyou for Chair Pro Tem. There were no other nominations. MOTION by Antolak, seconded by Steele, THAT NOMINATIONS FOR CHAIR PRO TEM BE CLOSED. MOTION by Antolak, seconded by Freeman, TO ELECT COMMISSIONER GUNYOU AS CHAIR PRO TEM OF THREE RIVERS PARK DISTRICT BOARD OF COMMISSIONERS TO CONDUCT THE ELECTION OF THE CHAIR FOR B. CHAIR CALL FOR NOMINATIONS FOR CHAIR FOR 2015 (three times). Commissioner Freeman nominated Commissioner Gunyou for Chair for There were no other nominations. MOTION by Antolak, seconded by Steele, THAT NOMINATIONS FOR CHAIR FOR 2015 BE CLOSED. MOTION by Antolak, seconded by Freeman, TO ELECT COMMISSIONER GUNYOU AS CHAIR OF THREE RIVERS PARK DISTRICT BOARD OF COMMISSIONERS FOR C. VICE CHAIR CALL FOR NOMINATIONS FOR VICE CHAIR FOR 2015 (three times). Commissioner Steele nominated Commissioner Freeman for Vice Chair for There were no other nominations. MOTION by Steele, seconded by Antolak, THAT NOMINATIONS FOR VICE CHAIR FOR 2015 BE CLOSED.

3 Regular Board Meeting January 22, 2015 MOTION by Steele, seconded by DeJournett, TO ELECT COMMISSIONER FREEMAN AS VICE CHAIR OF THREE RIVERS PARK DISTRICT BOARD OF COMMISSIONERS FOR B. Rules of the Board MOTION by Freeman, seconded by Steele, TO APPROVE THE RULES OF THE BOARD FOR YEAR COMMUNICATIONS A. Special Matters Chair Gunyou distributed copies of Three Rivers Committees, 2015 (on file). Two changes were being made from the 2014 Committee Chair appointments as follows: 1) The 2015 Park and Trail Operations Committee Chair will be Commissioner Antolak, as former Committee Chair Blackstad is not seeking re-appointment to the Park District Board in 2015; and 2) Commissioner DeJournett will be serving as liaison to the Three Rivers Park District Foundation instead of Commissioner Freeman. Since Commissioner DeJournett is Chair of the Intergovernmental and Community Engagement Committee, any agenda items regarding Foundation & Donations would now be considered under this Committee. B. Superintendent s Report Acting Superintendent Jonathan Vlaming asked Associate Superintendent Tom McDowell to report on the following topic(s): The Park District, in conjunction with the Minneapolis Ski Club, submitted a grant application for the Hennepin Youth Sports Facility Grant Program which was approved in the full amount of $325,000. C. Citizens Wishing to Address the Board (None) 5. CONSENT ITEMS MOTION by Freeman, seconded by Blackstad, TO APPROVE CONSENT ITEMS AS FOLLOWS:

4 Regular Board Meeting January 22, 2015 A. Authorization for MnDOT to Administer Federal Funds for Nine Mile Creek RT MOTION TO ADOPT RESOLUTION NO AUTHORIZING THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO AGENCY AGREEMENT NO WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO ACT AS THE AGENT FOR THREE RIVERS PARK DISTRICT IN ACCEPTING FEDERAL AID FOR NINE MILE CREEK REGIONAL TRAIL (PROJECT ). B. Payment of 2015 Property and Liability Insurance Premium MOTION TO APPROVE PAYMENT OF THE 2015 PROPERTY AND LIABILITY INSURANCE PREMIUM TO MINNESOTA COUNTIES INTERGOVERNMENTAL TRUST IN THE AMOUNT OF $408,107, AND AUTHORIZE THE CHIEF FINANCIAL OFFICER TO PROCESS AND PAY PREMIUM ADJUSTMENTS AS PROPERTY AND EQUIPMENT ARE ADDED DURING THE YEAR. C. (Removed from Consent Items) D. Adjustments to 2014 General Fund Operating Budget MOTION TO APPROVE AN ADJUSTMENT TO THE 2014 APPROVED GENERAL FUND OPERATING BUDGET INCREASING EXPENDITURES AND REVENUES BY $21,447. E. Request to Permit Beer Sales at Ice Fishing Fundraiser Event on Steiger Lake MOTION TO APPROVE A REQUEST FROM THE VICTORIA FIREFIGHTERS RELIEF ASSOCIATION TO OPERATE A BEER CONCESSION AS PART OF AN ICE-FISHING FUNDRAISER EVENT ON FEBRUARY 1, 2015, AT THE STEIGER LAKE BOAT LAUNCH IN CARVER PARK RESERVE. F. Purchase of Services Agreement with the Conservation Corps of Minnesota (CCM) for February1, 2015 through December 31, 2015 MOTION TO AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO SERVICE CONTRACTS WITH THE CONSERVATION CORPS MINNESOTA (CCM) FOR THE PERIOD OF JANUARY 1, 2015 THROUGH DECEMBER 31, 2015 AT A COST NOT TO EXCEED $553,308 WITH FUNDING DESIGNATED FROM LOTTERY-IN-LIEU REVENUES, NORTHERN NATURAL GAS SETTLEMENT FUNDS AND GRANT FUNDING. G. Acceptance of Conservation Partners Grants MOTION TO ACCEPT FUNDING FROM THE CONSERVATION PARTNERS LEGACY GRANTS PROGRAM AND AUTHORIZE THE BOARD CHAIR AND THE SUPERINTENDENT TO ENTER INTO AGREEMENTS WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR IMPLEMENTATION OF NATURAL RESOURCES MANAGEMENT PROJECTS IN LAKE REBECCA AND CARVER PARK RESERVES.

5 Regular Board Meeting January 22, 2015 H. Minutes of the December 18, 2014, Regular Board Meeting MOTION TO APPROVE THE MINUTES OF THE DECEMBER 18, 2014, REGULAR BOARD MEETING. I. Approval of Claims for the Period Ended January 15, 2015 MOTION TO APPROVE PAYMENT OF CLAIMS AS RECOMMENDED BY THE SUPERINTENDENT FOR THE PERIOD ENDED JANUARY 15, 2015, IN THE AMOUNT OF $8,101, All ayes, no nays, MOTIONS ADOPTED 6. UNFINISHED BUSINESS Item 5C. from Consent Items was considered at this time. C. Baker/Carver Regional Trail Cooperative Agreement (Minnetrista) Kelly Grissman, Planner, distributed copies of a revision on page 2 (on file) of the proposed Regional Trail Cooperative Agreement. MOTION by Gibbs, seconded by Steele, TO AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO A REGIONAL TRAIL COOPERATIVE AGREEMENT WITH THE CITY OF MINNETRISTA ESTABLISHING ACQUISITION, DESIGN, CONSTRUCTION, OPERATIONS, MAINTENANCE, AND FUNDING RESPONSIBILITIES OF EACH PARTY FOR THE BAKER/CARVER REGIONAL TRAIL. A. Crystal Lake Regional Trail Consultant and Contractor Agreements MOTION by Freeman, seconded by DeJournett, TO: 1) AWARD A CONTRACT FOR CONSTRUCTION OF THE CRYSTAL LAKE REGIONAL TRAIL ROBBINSDALE SEGMENT PROJECT TO JTS CONSTRUCTION, INC. OF ELKO, MN IN THE TOTAL BASE BID AMOUNT OF $2,295,713.50; AND FURTHER, TO ESTABLISH A TOTAL CONSTRUCTION BUDGET OF $2,525, TO INCLUDE A TEN PERCENT CONTINGENCY; WITH FINANCING FROM A 2014 STATE LEGACY GRANT, A 2009 FEDERAL TRANSPORTATION ENHANCEMENT GRANT, 2014 HENNEPIN COUNTY BIKEWAY GRANT AND 2015 PARK DISTRICT GO BONDS; 2) AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO A CONSULTANT AGREEMENT WITH SRF CONSULTING GROUP, INC. (SRF) TO PROVIDE PROFESSIONAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE CRYSTAL LAKE REGIONAL TRAIL ROBBINSDALE SEGMENT WITH A TOTAL HOURLY NOT-TO-EXCEED FEE IN THE AMOUNT OF $201,048 PLUS ESTIMATED REIMBURSABLE EXPENSES IN THE AMOUNT OF $21,848 FOR A TOTAL ESTIMATED FEE AMOUNT OF $222,896; AND FURTHER TO ESTABLISH

6 Regular Board Meeting January 22, 2015 A TOTAL CONSULTANT CONSTRUCTION ADMINISTRATION BUDGET IN THE AMOUNT OF $245, TO INCLUDE A TEN PERCENT CONTINGENCY, WITH FINANCING FROM A 2014 METROPOLITAN COUNCIL LEGACY GRANT; AND 3) APPROVE AMENDMENT NO. 3 TO THE DESIGN CONSULTANT AGREEMENT WITH SRF IN A TOTAL HOURLY NOT TO-EXCEED FEE IN THE AMOUNT OF $6,483 WITH FINANCING FROM THE 2014 METROPOLITAN COUNCIL LEGACY GRANT. B. Approval of Trailway Cooperative Agreement for Nine Mile Creek Regional Trail MOTION by Freeman, seconded by Steele, TO AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO A REGIONAL TRAIL COOPERATIVE AGREEMENT FOR THE NINE MILE CREEK REGIONAL TRAIL WITH THE CITY OF EDINA. C. Approval to Purchase Permanent Easements for Nine Mile Creek Regional Trail MOTION by Freeman, seconded by Steele, TO APPROVE PURCHASE OF THE FOLLOWING EASEMENTS FOR THE NINE MILE CREEK REGIONAL TRAIL: 1. PURCHASE IN THE AMOUNT OF $9, FOR 1,250 SQUARE FEET OF PERMANENT EASEMENT AND 232 SQUARE FEET OF TEMPORARY EASEMENT AT PARCEL IDENTIFICATION NUMBER , ADDRESS UNASSIGNED IN EDINA, MINNESOTA. 2. PURCHASE IN THE AMOUNT OF $156, FOR 8,197 SQUARE FEET OF PERMANENT EASEMENT AND 27,745 SQUARE FEET OF TEMPORARY EASEMENT AT 5901 STATE HIGHWAY NO. 169 IN EDINA, MINNESOTA. D. Twin Lakes Regional Trail Design Consulting Agreement and AMP Amendment MOTION by Freeman, seconded by Steele, TO: 1. AMEND THE 2015 ASSET MANAGEMENT PROGRAM TO INCLUDE THE TWIN LAKES REGIONAL TRAIL DESIGN, ENGINEERING AND ACQUISITION PROJECT AS A MAJOR CAPITAL PROJECT WITH A BUDGET OF $200,000 TO BE FUNDED THROUGH 2014/15 STATE LEGACY GRANTS OF $200,000 ALREADY SECURED; AND 2. AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO A CONSULTANT AGREEMENT WITH BOLTON & MENK, INC. TO PROVIDE ENGINEERING SERVICES FOR THE 0.9-MILE SEGMENT OF THE TWIN LAKES

7 Regular Board Meeting January 22, 2015 REGIONAL TRAIL THROUGH THE CITY OF BROOKLYN CENTER, WITH A TOTAL HOURLY NOT-TO-EXCEED FEE OF $134, INCLUDING REIMBURSABLE EXPENSES, AND TO ESTABLISH A TOTAL CONSULTANT BUDGET IN THE AMOUNT OF $148, TO INCLUDE A TEN PERCENT CONTINGENCY, WITH FUNDING FROM THE AMENDED 2015 ASSET MANAGEMENT PROGRAM. E. Award of Construction Contract, Construction Administration, Additional Consulting Services and Utility Agreement for the Intercity Regional Trail Project MOTION by Gibbs, seconded by Freeman, TO: 1. AWARD A CONTRACT FOR CONSTRUCTION OF THE INTERCITY REGIONAL TRAIL IN THE TOTAL BASE BID AMOUNT OF $5,192, TO EUREKA CONSTRUCTION INC. OF LAKEVILLE, MN, AND FURTHER, TO ESTABLISH A TOTAL CONSTRUCTION BUDGET OF $5,711, TO INCLUDE A TEN PERCENT CONTINGENCY; WITH FINANCING FROM A 2009 FEDERAL SURFACE TRANSPORTATION PROGRAM GRANT, 2014 HENNEPIN COUNTY BIKEWAY GRANT, 2013 METROPOLITAN COUNCIL LEGACY GRANT AND 2013 AND 2015 PARK DISTRICT GO BONDS. 2. AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO A CONSULTANT AGREEMENT WITH TOLTZ, KING, DUVALL, ANDERSON & ASSOCIATES (TKDA) TO PROVIDE PROFESSIONAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE INTERCITY REGIONAL TRAIL PROJECT WITH A TOTAL HOURLY NOT-TO-EXCEED FEE IN THE AMOUNT OF $455, PLUS ESTIMATED REIMBURSABLE EXPENSES IN THE AMOUNT OF $89, FOR A TOTAL ESTIMATED FEE AMOUNT OF $545,400; AND FURTHER TO ESTABLISH A TOTAL CONSULTANT CONSTRUCTION ADMINISTRATION BUDGET IN THE AMOUNT OF $599, TO INCLUDE A TEN PERCENT CONTINGENCY, WITH FINANCING FROM 2011 & 2013 PARK DISTRICT GO BOND FUNDS AND A 2013 METROPOLITAN COUNCIL LEGACY GRANT. 3. APPROVE AMENDMENT NO 2. TO THE CONSULTANT DESIGN AGREEMENT WITH TKDA IN A TOTAL HOURLY NOT-TO-EXCEED FEE IN THE AMOUNT OF $49,800 PLUS ESTIMATED REIMBURSABLE EXPENSES IN THE AMOUNT OF $15,900 FOR A TOTAL ESTIMATED FEE AMOUNT OF $65,700;, WITH FINANCING FROM 2011 & 2013 PARK DISTRICT GO BOND FUNDS AND A 2013 METROPOLITAN COUNCIL LEGACY GRANT. 4. AUTHORIZE THE BOARD CHAIR AND SUPERINTENDENT TO ENTER INTO AN AGREEMENT WITH XCEL ENERGY FOR THE RELOCATION OF ELECTRIC UTILITIES IN THE I-494 MNDOT RIGHT-OF-WAY AS REQUIRED FOR THE CONSTRUCTION OF THE INTERCITY REGIONAL TRAIL AT 12 TH AVENUE IN THE TOTAL ESTIMATED AMOUNT OF $129,279.84, CONTINGENT UPON BOARD APPROVAL BOARD ACTION ITEM 1, AND FURTHER, TO ESTABLISH A TOTAL

8 Regular Board Meeting January 22, 2015 UTILITY RELOCATION BUDGET FOR THIS WORK OF $142, TO INCLUDE A TEN PERCENT CONTINGENCY; WITH FINANCING FROM A 2009 FEDERAL SURFACE TRANSPORTATION PROGRAM GRANT, 2014 HENNEPIN COUNTY BIKEWAY GRANT, 2013 METROPOLITAN COUNCIL LEGACY GRANT AND 2013 AND 2015 PARK DISTRICT GO BONDS. F. Legislative Update Margaret Vesel, Legislative Consultant, distributed and reviewed a 2015 Legislative Update memorandum (on file) and stood for Commissioners questions. Prior to the Closed Meeting, General Counsel Jeff Brauchle informed Board Members that in accordance with the authority granted by Minnesota State Statues 13D.05, Subd. 3.(c)(3) which permits public agencies to close a meeting to consider offers and counter offers for purchase or sale of real or personal property, also mandates that the properties in question be identified in open session. Mr. Brauchle proceeded to identify these properties. Chair Gunyou recessed the Regular Board Meeting and convened the Board into a Closed Meeting at 5:51 p.m. 7. CLOSED MEETING A. Land Acquisitions; Offers and Counter Offers -Nine Mile Creek Regional Trail No action required; this item was presented by Jeff Brauchle, General Counsel and Eric Nelson, Senior Manager of Engineering and for information and discussion. Chair Gunyou adjourned the Closed Meeting and reconvened the Regular Board Meeting at 6:20 p.m. The following motion was proposed: MOTION by Blackstad, seconded by Freeman, TO SCHEDULE A SPECIAL MEETING ON FEBRUARY 5, 2015, IMMEDIATELY FOLLOWING THE COMMITTEE MEETINGS FOR THE PURPOSE OF CONSIDERING APPROVAL OF TRAIL EASEMENT AGREEMENTS AND AUTHORIZATION TO USE EMINENT DOMAIN TO SECURE EASEMENTS AS NEEDED FOR NINE MILE CREEK REGIONAL TRAIL. 8. ANNOUNCEMENTS Commissioner DeJournett reported on the SnowSports Academy; Elm Creek Ski Racing Team competition.

9 Regular Board Meeting January 22, ADJOURNMENT MOTION by Steele, seconded by Freeman, TO ADJOURN THE REGULAR BOARD MEETING OF JANUARY 22, The meeting was adjourned at 6:22 p.m. John Gunyou, Board Chair Jonathan Vlaming, Acting Superintendent

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