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03-14-17 CM Agenda PacketA G E N D A Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room March 14, 2017 6:30 pm Pages 1. 2040 Comprehensive Plan Update - Land Use (15 minutes)2 2. Brookview Project Update (15 minutes)3 3. Presentation on Rebranding Brookview (30 minutes)4 4. Commission Annual Reports: a. Bassett Creek Water Management Commission (15 minutes) b. Human Rights Commission 2016 Annual Report and 2017 Proposed Work Plan (15 minutes) 5 6-9 5. Reservoir Solar Project Update (20 minutes)10-20 6. Perpich Center Discussion (10 minutes)21-37 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. Executive Summary Golden Valley Council/Manager Meeting March 14, 2017 Agenda Item 1. 2040 Comprehensive Plan Update - Land Use Prepared By Jason Zimmerman, Planning Manager Summary Staff will update the City Council on the discussion and feedback received at the Comp Plan Conversation held on March 13, including reaction to the draft Goals and Objectives and initial thoughts on redevelopment within the proposed Planning Districts. All Comp Plan elements will be addressed at meetings held throughout the spring and summer: March - Land Use April - Housing May - Sustainability and Resilience June - Water Resources July - Transportation August - Parks and Nature Areas September - Economic Competitiveness Executive Summary Golden Valley Council/Manager Meeting March 14, 2017 Agenda Item 2. Brookview Project Update Prepared By Rick Birno, Director of Parks & Recreation Summary Glenn Waguespack from Hammel, Green and Abrahamson (HGA) will be joined by Mark Adamson & Jack Webber from Adolfson & Peterson Construction (A&P) to present a brief update on the Brookview construction project. Executive Summary Golden Valley Council/Manager Meeting March 14, 2017 Agenda Item 3. Presentation on Rebranding Brookview Prepared By Cheryl Weiler, Communications Manager Summary City communications staff has been working with Brookview staff and two volunteers from the community to refresh Brookview’s brand to reflect the new building and amenities. The team will present an overview of the new brand and plans for refining it and rolling it out to the community over the next year. Executive Summary Golden Valley Council/Manager Meeting March 14, 2017 Agenda Item 4. A. Bassett Creek Water Management Report Prepared By Jeff Oliver, PE City Engineer Summary Staff will provide the City Council with a verbal update on the Bassett Creek Watershed Management Commission. Executive Summary Golden Valley Council/Manager Meeting March 14, 2017 Agenda Item 4. B. Human Rights Commission (HRC) 2016 Annual Report and 2017 Proposed Work Plan Prepared By Chantell Knauss, Assistant City Manager Summary HRC Co-Chairs, Jonathan Burris and/or Adam Buttress, will be in attendance to present the 2016 HRC Annual Report and 2017 Proposed Work Plan and address any questions the Council may have. Attachments •2016 HRC Annual Report (2 pages) •2017 HRC Proposed Work Plan (1 page) 4' CITY OF GOLDEN VALLEY ` HUMAN RIGHTS COMMISSION (HRC) ) 2016 ANNUAL REPORT � f Council/Manager Meeting March 14, 2017 There are currently seven commissioners appointed to the HRC: Co-Chair, Jonathan Burris Co-Chair, Adam Buttress Hattie Bonds Gloria Peck Kyle Pettersen-Scott Teresa Martin Student Representative, Andrew Ramlet The Human Rights Commission sponsored three activities and participated in two additional activities for the community in 2016. HRC Conversations, Martin Luther King, Jr. Holiday Breakfast—January 18 This was the 26th year the General Mills Foundation and United Negro College Fund have celebrated Dr. Martin Luther King Jr.'s legacy of service by sponsoring a breakfast and inspirational speakers on the holiday that honors him. 2016's keynote speaker was Deval Patrick, former Governor of Massachusetts and Civil Rights Leader. The event theme was, "Civil & Right: Are You Living the Dream?" The HRC purchased 20 tickets (two tables)for Golden Valley residents to use to attend the breakfast. State Demographer Presentation On February 23, the HRC heard a presentation from Andi Egbert, Assistant Director, Minnesota State Demographic Center regarding major demographic trends transforming Minnesota and the Golden Valley area. HRC Conversations City News articles Based on the State Demographic Center's information, Communications staff developed a three-part series of articles highlighting "Population Shifts," "Aging Population," and "Growing Diversity" in Minnesota, the Metro Area and the Golden Valley area. Golden Valley Pride Festival The HRC participated in the inaugural Golden Valley Pride Festival held on June 12. At the booth, Commissioners distributed the originally-designed Golden Valley human rights magnet and distributed information on the Commission. The HRC also sponsored two speakers for the event: Thomas Knabel, National Human Rights Campaign, and Phil Duran, OutFront MN. September 11 Day of Service and Remembrance HRC partnered with PRISM to feature a Scavenger Hunt at the September 11 Market in the Valley. The event generated 81 pounds of produce and $98 dollars in cash donations to PRISM. PRISM staff stated "it was a great event that highlighted PRISM." Summary For 2016, the City Council approved a budget of$3,500 for the HRC. The Commission expended $1,872.36 (53.5%)of their budget for professional fees for speaker honorariums; membership dues for the Minnesota League of Human Rights Commissions; custom magnets; and tickets to sponsor a table at the 2017 Martin Luther King, Jr. Holiday Breakfast. During the course of 2016, the HRC held eight(8) regular meetings (January - December), three (3) public education articles, and participated in two community outreach events. C d I' ° t CITY OF GOLDEN VALLEY HUMAN RIGHTS COMMISSION 2017 PROPOSED WORK PLAN valley Council/Manager Meeting March 14, 2017 The Golden Valley Human Rights Commission (HRC) proposes the following work plan for 2017: HRC Conversations The HRC would like to promote their 2017 HRC Conversations from the Government Alliance on Race and Equality's (GARE) "Advancing Racial Equity Speaker Series" to be held on: February 22 "Expanding Knowledge and Organizing for Actions", May 24 "Organizing for Power- Inside and Outside Strategies", August 23 "Moving Elected Leadership to Advance Racial Equity", and December 6 "Celebrating Our Success, Facing New Challenges". Community Outreach The HRC would like to participate in community outreach activities by staffing a booth at 2nd Annual Golden Valley Pride Festival to be held on Sunday, June 11. September 11 Day of Service and Remembrance The HRC is proposing to sponsor its fifth annual September 11 Day of Service and Remembrance in partnership with a local non-profit organization, to be determined. This has been a successful event since 2013. The HRC would like to continue sponsoring this volunteer effort. HRC Conversations, Martin Luther King, Jr. Day Event - January 15 2018 will be the 28th year the General Mills Foundation and United Negro College Fund have celebrated Dr. Martin Luther King, Jr.'s legacy of service by sponsoring a breakfast and inspirational speaker on the holiday that honors him. The HRC would like to continue to purchase tickets and sponsor tables to this event for Golden Valley residents to be able to attend and participate, compliments of the HRC. Because this event is held in January of each year, the HRC wants to include it in the prior years' work plan. Executive Summary Golden Valley Council/Manager Meeting March 14, 2017 Agenda Item 5. Reservoir Solar Project Update Prepared By Marc Nevinski, Physical Development Director Tom Hoffman, Water Resources Technician Summary Over the past few years, the City has worked with Sundial Solar to identify and implement solar panel installations throughout the City. One of the sites identified as a possible location for the installation of solar panels is the Golden Valley Reservoir. Staff began conversations last year with the Joint Water Commission (JWC), who owns the reservoir; and the Minneapolis Park and Recreation Board (MPRB), on whose property the reservoir is located, regarding the installation of solar panels. Unfortunately, a change of investors resulted in the project ending before it could be brought to Council for discussion. Recently a new investor has shown interest in the reservoir site, which would include installing approximately 12 rows of panels providing approximately 780,000 (DC watts) annually. The panels will be facing North/South on the reservoir and range in height from 6 to 8 feet tall at the north end to about 3 to 4 feet tall on the south end of each row. They will be similar to the panels installed on City Campus buildings, however the panels will be installed at a lower angle to catch more direct light. This will also reduce the amount of light that is reflected and potentially seen by neighboring properties. The underlying and surrounding area would then be seeded with low maintenance native plantings. If the project moves forward, staff will continue to work with the JWC and MPRB for final approvals for the project. As the project moves forward, staff will work with neighboring property owners to address possible concerns. Similar to the installation of the solar panels on the City Campus buildings, there is no cost to the City/JWC to install panels on the reservoir. The investor will own and maintain the panels for a period of 25 years. After 6 years the City/JWC will have the option to buy and own the solar array. This is indicated on page two of the attachment, short term PPA. After the 25 years if the City/JWC does not want to own the panels, the investor must remove them and their own cost. The Power Purchase Agreement (PPA) Long & Short Term Comparison for the Golden Valley Reservoir is attached. The City will purchase directly from the investor all energy produced by the solar arrays. Any additional energy needed would be purchased from Excel Energy. The rate that the investor charges is lower than the rate from Excel; therefore every kilowatt hour of electricity purchased from the solar investor generates savings to the City. The City would pay $.075 to Excel for energy and is only charged $.055 from the investor. The city also receives a solar credit from Excel on all energy produced. The PPA indicates the breakdown of costs and credits over the next 25 years. It also shows estimated annual savings for the life of the contract. If installation of the panels proceeds, two options exist for utilizing the energy that would be generated. First, the energy could be directed to power the reservoir operations. This would save the JWC approximately $17,000 in the first year and increase thereafter (see PPA Long Term). The second option would be to allow residents to buy into the panels and share in the benefits of solar energy by reducing the cost of their electric bill. Under the second option, the City may also chose to participate in the Solar in Your Community Challenge with Sundial Solar. This challenge promotes solar energy and makes it more accessible and inclusive for residents, potentially spurring development of new solar arrays on other properties. Recommendation Staff recommends moving forward with the Golden Valley Reservoir Solar project and to apply to become a host for the Solar in Your Community Challenge. Attachments •PPA Long & Short Term Comparison- Golden Valley Reservoir (2 pages) •Solar In Your Community Challenge Application (7 pages) PPA Long&Short Term Comparison pap 1of2 Golden Valley Reservoir 2/2/17 Value of Energy PV System Size Solar Production Basic Energy Rate` SolarCredits* Full Value with solar Year Total Value (Ix watts) (kwh/yr) ($/kwh) ($/kwh) credit($/kwh) 780,000 1 897,000 0.074 0.055 0.129 $115,713 2 892,515 0.076 0.057 0.133 $118,787 3 888,052 0.079 0.058 0.137 $121,942 4 883,612 0.082 0.060 0.142 $125,182 5 879,194 0.084 0.062 0.146 $128,508 6 874,798 0.087 0.064 0.151 $131,922 7 870,424 0.090 0.066 0.156 $135,428 8 866,072 0.093 0.068 0.161 $139,027 9 861,742 0.096 0.070 0.166 $142,722 10 857,433 0.099 0.072 0.171 $146,515 11 853,146 0.102 0.074 0.176 $150,410 12 848,880 0.106 0.076 0.182 $154,408 13 844,636 0.109 0.078 0.188 $158,513 14 840,412 0.113 0.081 0.194 $162,728 15 836,210 0.117 0.083 0.200 $167,055 16 832,029 0.120 0.086 0.206 $171,497 17 827,869 0.124 0.088 0.213 $176,058 18 823,730 0.129 0.091 0.219 $180,740 19 819,611 0.133 0.094 0.226 $185,547 20 815,513 0.137 0.096 0.234 $190,483 21 811,436 0.142 0.099 0.241 $195,550 22 807,378 0.146 0.102 0.249 $200,753 23 803,342 0.151 0.105 0.257 1206,094 24 799,325 0.156 0.109 0.265 $211,578 25 795,328 0.161 0.112 0.273 $217,209 PPA Long&Short Term Comparison page 2of2 Golden Valley Reservoir 2/2/17 PPA-Long Term PPA-Short Term PPA Rate' PPA Net After Buyout i Net After Year Oa M- wises *notes&assumptions (S/kwh) ',Payment Expenses Payim+n'' 1 0.1100 ($98,670) $17,043i $17,043 1)Assumes current basic energy rate of$0.074 ` 2 0.1133 ($101,112) $17,674 giVY0thrINYEM7 $17,674 per kwh($0.10/kwh blended rate). 3 0.1167 ($103,615) $18,327 No buyout option for firsthix years.. $18327 2)Solar Credits are received via line-item credit Years i-6 have same its as 4 0.1202 ($106,179) $19,002 $19,002 onXcelinvoice. Long Tenn PPA.option in 5 0.1238 ($108,807) $19,700 Year 7. ! $19,700 3)Xcel rate increase figured at 33%annually. 6 0.1275 ($111,500) $20,422 j $20,422 4)PFA rate increases 2.990%annually 7 0.1313 ($114,260) $21,168 ($87,188) ($11,700) $36,539 5)Buyout in Year 7atFMVof40'/aoforigioal 8 0.1352 ($117,088) $21,939 ($87,188) ($12,022) $39,817 installed cost. 9 0.1392 ($119,986) $22,736 ($87,188) ($12,352) $43,181 6)Buyout financed at4%over 10 years. 10 0.1434 ($122,956) $23,559 ($87,188) ($12,692) $46,635 7)O&M prorated to system size. 11 0.1477 ($125,999) $24,411 ($87,188) ($13,041) $50,180 8)O&M rats increases 2.75%annually. 12 0.1521 ($129,117) $25,291 ($87,188) ($13,400) $53,820 13 0.1567 ($132,313) $26,200 ($87,188) ($13,768) $57,557 14 0.1613 ($135,588) $27,140 ($87,188) ($14,147) $61,392 15 0.1662 ($138,944) $28,111 ($87,188) ($14,536) $65,330 16 0.1711 ($142,383) $29,114 ($87,188) ($14,936) $69,373 17 0.1762 ($145,907) $30,151 $0 ($15,346) $160,711 18 0.1815 ($149,518) $31,222 $0 ($15,768) $164,972 19 0.1869 ($153,219) $32,329 $0 ($16,202) $169,345 20 0.1925 ($157,011) $33,472 $0 ($16,648) $173,836 21 0.1983 ($160,897) $34,653 $0 ($17,105) $178,445 22 0.2042 ($164,879) $35,874 $0 ($17,576) $183,177 23 0.2103 ($168,960) $37,134 $0 ($18,059) $188,035 24 0.2166 ($173,142) $38,436 $0 ($18,556) $193,023 25 0.2231 ($177,427) $39,781 $0 ($19,066) $198,143 Total 25 year benefit: $674,891 Total 25 year;benefit: $2,245,680 Team Submission Application Form If you experience any problems with your submission, please contact us. Use the checklist, rulebook,and resources to help you complete your application. Note: If this is a re-application,please address the concerns raised by the reviewers. *indicates response required Team name* i Lead organization* i i Name of primary point of contact* i For definitions of Project versus Program teams, see the Rulebook(p 6-7). Track I _. _ _ _ _ _ _ _ __ __­_ ­_ - 12, Project-Focused Team Video Submission* Ina 3 minute video,please describe jeurproject1program.You MUST explicitly mention the composition ofyour team why your proposal is innovatne and what yourimpact will be.insert the link to your publicly accessible video;from Youtube or Wmeo here.Note,Dropbox links will not be accepted Project Description Short description of your project or program* This MY be included in a public-facing directory. B I U OR Type something Characters O/100 IMordt O Check all of the following that apply to your proposal* El?20%of energy to LMI households l9>_ 6o%of energy benefits to non-profits) Estimated kW by end of Challenge(Min 25kW, max 5,000kW)* Estimated number of non-profits served* Estimated number of low and moderate income(LMI)households served* Estimated number of solar installations Estimated annual electricity savings per customer in $and%of total bill* Use semicolon to separate estimates How is your project innovative in terms of financing, partnerships, and impact?Describe as many dimensions of innovation as possible.* B I U x. 10 A- TI- 6 t- ft— im TO M % ® ® V C e R 0 Type something Characters 0 Ktvd& Describe the current state of your proposed project/program* B I U ie A- TI- P- q- MEN 0 C s R 0 Type something Charactmo ""dg-OISOO Estimate the biggest risks involved in your project/program and explain what steps you are taking to mitigate these risks* B I U x2 )e A- TI- 6 P q aft % M IM V C le R 0 Type something Characters o Words:01200 Current financing available in Financing to be raised during the period of the Challenge in$ l Describe how you will raise the financing necessary to complete your project/program* B I U B x, xZ A- Ti- A TH on 9D ® ® LG- - 9 C R 0 Type something Characters O Words:O How will seed funds or technical assistance improve your project/program? Team List the organizations officially signed on as team members to date,as well as the organizations you intend to recruit to your team in the near future* B I U g xz x2 A- Ti- A J- - t- _- ;_ .01 I-A % D ® GG- - J C s R N Type son)ething Characters O Words 0 Describe the strengths of your team members and their intended roles* B I U -& x, xz A- TI- A !- - 7 - _- m ►_- % © - - C s R 0 Type something Characters-O Word&O150O Scalability How will you scale your model at a local, state or national level?* B I U x, xZ A- Ti- A P- 7- _- 1= E=- 7w- •m % ® ® K- - V C s R 0 Type something Characters-O Words:0/200 Estimated kWs to be deployed by 202o as a direct result of this teams'work Approximate the range(e.g.3-5MM Additional Information You may upload additional information(e.g., a worksheet or narrative that describes your project) This information will not be made public and you may include pmprietaryinibrmation.However,ifyou do so,please clearly mark which information is proprietary UploadO*fiesditfolb A"forma&pdtcb,-docx If known,list Consultants and Coaches that you would prefer to work with i ;I Is your team profile up-to-date?* You can edit it by clicking on your team name in the Dashboard F9 Yes Do you have a Teaming Agreement?* n Yes If this is a RE-APPLICATION,please include a statement detailing how you addressed each of the concerns raised by the reviewers of your first application B I V x, x2 A- TI- d t - __- i= •_ ►_ % ® ® K- — 0 C s R o Type somethdna T Characters o Words 0 By selecting the checkbox below you agree to accept the Solar In Your Community Challenge terms and conditions.This serves as a Certificate of Team Eligibility.You may view the full terms and conditions here M I agree to the terms and conditions SAVE DRAFT Executive Summary Golden Valley Council/Manager Meeting March 14, 2017 Agenda Item 6. Perpich Center Discussion Prepared By Tim Cruikshank, City Manager Summary Staff was directed to add this item on to the agenda at the March 7, 2017, Council meeting. Attached for your information are the following documents: 1. Proposed Legislation 2. Email from staff regarding condition of infrastructure 3. Joint Powers Agreement for Athletic Fields 4. Joint Powers Agreement for Storm Water Various city staff will be present to assist with any questions Council may have. 3/10/2017 HF 1825 as introduced-90th Legislature(2017-2018) 7.10 (4)provide materials training and assistance to the arts education committees in school 7.11 districts. 7.12 (b)The arts education specialist must collaborate with the commissioner of education 7.13 to develop arts standards and strengthen state policies related to arts education (c)The arts education specialist must serve as liaison for the Department of Education 7.14 to national organizations for arts education 7.15 EFFECTIVE DATE. This section is effective June 30.2018. 7.16 7.17 Sec.7.Minnesota Statutes 2016,section 297A.70,subdivision 2,is amended to read: 7.18 Subd.2.Sales to government.(a)All sales,except those listed in paragraph(b),to the 7.19 following governments and political subdivisions,or to the listed agencies or instrumentalities 7.20 of governments and political subdivisions,are exempt: 7.21 (1)the United States and its agencies and instrumentalities; 7.22 (2)school districts,local governments,the University of Minnesota,state universities, 7.23 community colleges,technical colleges,state academies, 7.24 AA9 Edueatiett;and an instrumentality of a political subdivision that is accredited as an 7.25 optionaUspecial function school by the North Central Association of Colleges and Schools; 7.26 (3)hospitals and nursing homes owned and operated by political subdivisions of the 7.27 state of tangible personal property and taxable services used at or by hospitals and nursing 7.28 homes; 7.29 (4)notwithstanding paragraph(d),the sales and purchases by the Metropolitan Council 7.30 of vehicles and repair parts to equip operations provided for in section 473.4051 are exempt 7.31 through December 31,2016; 8.1 (5)other states or political subdivisions of other states,if the sale would be exempt from 8.2 taxation if it occurred in that state;and 8.3 (6)public libraries,public library systems,multicounty,multitype library systems as 8.4 defined in section 134.001,county law libraries under chapter 134A,state agency libraries, 8.5 the state library under section 480.09,and the Legislative Reference Library. 8.6 (b)This exemption does not apply to the sales of the following products and services: 8.7 (1)building,construction,or reconstruction materials purchased by a contractor or a 8.8 subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed 8.9 maximum price covering both labor and materials for use in the construction,alteration,or 8.10 repair of a building or facility; 8.11 (2)construction materials purchased by tax exempt entities or their contractors to be 8.12 used in constructing buildings or facilities which will not be used principally by the tax 8.13 exempt entities; 8.14 (3)the leasing of a motor vehicle as defined in section 297B4O1.subdivision 11,except 8.15 for leases entered into by the United States or its agencies or instrumentalities; 8.16 (4)lodging as defined under section 297A.61.subdivision 3,paragraph(g),clause(2), 8.17 and prepared food,candy,soft drinks,and alcoholic beverages as defined in section 297A.67. 8.18 subdivision 2,except for lodging,prepared food,candy,soft drinks,and alcoholic beverages 8.19 purchased directly by the United States or its agencies or instrumentalities;or 8.20 (5)goods or services purchased by a local government as inputs to a liquor store,gas 8.21 or electric utility,solid waste hauling service,solid waste recycling service,landfill,golf 8.22 course,marina,campground,cafe,or laundromat. 8.23 (c)As used in this subdivision,"school districts"means public school entities and districts 8.24 of every kind and nature organized under the laws of the state of Minnesota,and any 8.25 instrumentality of a school district,as defined in section 471.59. 8.26 (d)For purposes of the exemption granted under this subdivision,"local governments" 8.27 has the following meaning: 8.28 (1)for the period prior to January 1,2017,local governments means statutory or home 8.29 rule charter cities,counties,and townships;and 8.30 (2)beginning January 1,2017,local governments means statutory or home rule charter 8.31 cities,counties,and townships;special districts as defined under section 465;any instrumentality of a statutory or home rule charter city,county,or township as defined in 8.32 section 471.59;and any joint powers board or organization created under section 471.59. 9.1 EFFECTIVE DATE. This section is effective June 30,2018. 9.2 9.3 Sec.8. PERPICH CENTER FOR ARTS EDUCATION CLOSURE. 9.4 Subdivision 1.Perpich Center for Arts Education abolished.(a)The Perpich Center 9.5 for Arts Education(PeWich Center)is abolished effective June 30.2018.Abolishment under 9.6 this section does not reduce or otherwise limit the powers and authority of the Perpich Center 9.7 during the concluding duration of its existence 9.8 (b)Notwithstanding any other law.any unexpended and unencumbered appropriations 9.9 to the Perpich Center lapse to the fund or account from which they were appropriated on 9.10 June 30.2018.All money in a dedicated fund or account of the Perpich Center on June 30. 9.11 2018.must be transferred to the general fund. 9.12 Subd.2.Library,All property in the Perpich Arts Library is transferred to the State 9.13 Library Services Division of the Department of Education,in accordance with Minnesota !A 9.14 Statutes.section 15.039.subdivisions 5 and S.effective June 1.2018. 9.15 https://www.revisor.mn.gov/bills/text.php?num ber=H F 1825&version=0&session=ls90&sessionyear=2017&sessi on_num ber=0 4/10 3/10/2017 HF 1825 as introduced-90th Legislature(2017-2018) U7 Subd.3.Student enrollment.Students enrolled in the Perpich Arts 1ligh School or --� 9.18 Crosswinds Arts and Science School(Crosswinds school)during the 2016-2017 school 9.19 year may continue to enroll in those schools for the 2017-2018 school year.No student max, 9.20 Voll in the Perpich Arts High School or Crosswinds school after the 2017-2018 school 9.21 year. 9 22 Subd.4.Perpich Center property conveyance,The Perpich Center must submit to the 9.23 legislature by January 15 2018 aproposal to convey the real and personal proper of the 9.24 Perpich Arts High School to a school district or nonprofit institution organized under 9.25 Minnesota Statutes chapter 317A If the Perpich Center does not submit a proposal to the 9 26 legislature.all property of the Pernich Arts High School shall be transferred to the Department 9 27 of Administration in accordance with Minnesota Statutes.section 15,039,subdivision 5 9 28 and 8.effective June 30.2018, 9.29 Subd.5.Crosswinds conveyance,The Perpich Center must submit to the legislature 9.30 by January 15 2018,a proposal to convey the real and personal property of the Crosswinds 9.31 school to a school district or nouprofit institution organized under Minnesota Statutes 9.32 chapter 317A If the PeMich Center does not submit a proposal to the legislature all property 9.33 of the Crosswinds school shall be transferred to the Department of Administration in 9.34 accordance with Minnesota Statutes section 15.039.subdivisions 5 and 8 effective June 03 •2018• 10.1 Subd.6.Education records.The Perpich Center must transfer the education records of each student of the Perpich Arts Hieh School and Crosswinds school according to 10.2 Minnesota Statutes.section 120A.22,subdivision 7 10.3 EFFECTIVE DATE, This section is effective the day following final enactment. 10.4 10.5 Sec.9. REPEALER, 10.6 Minnesota Statutes 2016.sections 129C.104 1290 105,1290 15: 129C.20: 129C.25: 129C.26:and 129C.30.and Minnesota Rules.parts 3600.0010.subparts 1,2,2a.2b.3.and 6:3600.0020:3600.0030.subparts 1.2.4.and 6:3600.0045:3600.0055:3600.0065: 3600.0075:and 3600.0085,are repealed effective June 30,2018. APPENDIX Repealed Minnesota Statutes: 17-3771 129C.10 PERPICH CENTER FOR ARTS EDUCATION. Subdivision 1.Governance.(a)The board of the Perpich Center for Arts Education shall consist of 15 persons.The members of the board shall be appointed by the governor with the advice and consent of the senate.At least one member must be appointed from each congressional district. (b)All board members must complete board training requirements consistent with section 127A.19. Subd.2.Terms,compensation,and other.The membership terms,compensation,removal of members,and filling of vacancies shall be as provided for in section I .0 75.A member may serve not more than two consecutive terms. Subd.3.Powers and duties of board.(a)The board has the powers necessary for the care,management,and control of the Perpich Center for Arts Education and any other school authorized in this chapter,and all their real and personal property.The powers shall include,but are not limited to,those listed in this subdivision. (b)The board may employ and discharge necessary employees,and contract for other services to ensure the efficient operation of the Center for Arts Education and any other school authorized in this chapter. (c)The board may receive and award grants.The board may establish a charitable foundation and accept,in trust or otherwise,any gift,grant,bequest,or devise for educational purposes and hold,manage,invest,and dispose of them and the proceeds and income of them according to the terms and conditions of the gift,grant,bequest,or devise and its acceptance.The board must adopt internal procedures to administer and monitor aids and grants. (d)The board may establish or coordinate evening,continuing education,extension,and summer programs for teachers and pupils. (e)The board may identify pupils who have artistic talent,either demonstrated or potential,in dance,literary arts,media arts,music, theater,and visual arts,or in more than one art form. (f)The board must educate pupils with artistic talent by providing: (1)an interdisciplinary academic and arts program for pupils in the 11th and 12th grades.The total number of pupils accepted under this clause and clause(2)shall not exceed 310; (2)additional instruction to pupils for a 13th grade.Pupils eligible for this instruction are those enrolled in 12th grade who need extra instruction and who apply to the board,or pupils enrolled in the 12th grade who do not meet learner outcomes established by the board; (3)intensive arts seminars for one or two weeks for pupils in grades 9 to 12; (4)summer arts institutes for pupils in grades 9 to 12; (5)artist mentor and extension programs in regional sites;and (6)teacher education programs for indirect curriculum delivery. (g)The board may determine the location for the Perpich Center for Arts Education and any additional facilities related to the center, including the authority to lease a temporary facility. (h)The board must plan for the enrollment of pupils on an equal basis from each congressional district. (i)The board may establish task forces as needed to advise the board on policies and issues.The task forces expire as provided in section 15.059,subdivision 6. https://www.revisor.m n.gov/bi I I s/text.php?num ber=H F 1825&version=0&sessi on=l s90&sessionyear=2017&sessi on_num ber=0 5/10 Cruikshank, Tim From: Oliver, Jeff Sent: Tuesday, March 07, 2017 11:23 AM To: Cruikshank, Tim Cc: Nevinski, Marc Subject: Perpich Tim: Here is what we found regarding infrastructure at the Perpich Center. Sanitary Sewer: The entire system within the property is owned by the state. It drains to the south into our line that near their southeast property corner.The system is in poor condition and we have assisted them in televising and working to limit blockages. Watermain: There is an existing City owned watermain loop that runs around the buildings.There have been two historic breaks on this line. Give the age and materials of the main, I would say it is consistent with the rest of our system, and there will be more problems in the future. I believe we own and maintain the irrigation system at the soccer field. Storm Sewer: There are two storm water ponds on site that we own, including the outfalls from the ponds.The first is on the west edge of the property, and the second is located south of the soccer field on the eastern part of the property. We also own and maintain the draintile system under the soccer fields. Other: We have shared use agreements with the State for the soccer field, which was constructed by the City. There is also a shared use agreement for the pond south of the soccer field. I have copies of the agreements if you need them. Jeff Oliver P.E. I City Engineer I City of Golden Valley ' 7800 Golden Valley Road I Golden Valley, MN 554271763-593-8034 1763-593-3988(Fax) 763-593-3968(TTY) o en joliver@goldenvalleymn.gov , *Please note new email address.* vall 1 JOINT POWERS AGREEMENT This Joint Powers Agreement, dated as of the St day of lyov . 1997 (the "Agreement") is entered into pursuant to Minnesota Statutes, Sections 471.59 (the "Act") between the City of Golden Valley, a Minnesota municipal corporation (the"City") and the Minnesota Center for Arts Education, an institution of the State of Minnesota(the"Center") (the City and Center collectively referred to herein as the "Parties"). Findings.. 1. The City is empowered under Minn. Stat. §§ 471.15-471.19 to expend funds for the capital costs, operation, and maintenance of facilities for athletic fields and related par dng; ? The Center Board has the power under Minn. Stat. § 129C.10, subd. 3 to care for, manage and control its real property; 3. The Parties have determined that the City needs to provide recreational soccer fields and that the Center wants to provide its students the opportunity to play soccer as part of the educational program offered by the Center; 4. The Center has custodial control over a site located at the Minnesota Center for Arts Education, located at 6125 Olson Memorial Highway, Golden Valley, Minnesota, for use as a soccer field("Project Site"), which said Project Site is outlined on Exhibit A, attached hereto and made a part hereof thereby. 5. The Parties have authority pursuant to Minn. Stat. § 471.59, subd. 10 and their respective powers as set forth in Minn. Stat. § 129C.10 and Minn. Stat. §§ 471.15- 471.19 to enter into a joint powers agreement for the purposes set forth herein. NOW, THEREFORE, in consideration of the mutual promises, benefits and obligations contained herein, the Parties agree as follows: 1. The Findings are incorporated into the body of this Agreement and are made an integral part thereby. �. Statement of Purpose. The purpose of this Agreement is to enable the parties, through joint and cooperative action, to provide recreational facilities of the highest quality and lowest cost to their residents and students, and to provide a means for the construction, maintenance, and supervision of such facilities. This Agreement is entered into for the purposes of financing and managing the Project and to facilitate the exercise of powers by the Parties pursuant to the Act. 3. Duties of the City. The City agrees to do the following: A. (1)At its sole cost, shall prepare a plan for the Project Site as a soccer field with all necessary appurtenances, including any necessary planting of grass, striping and construction of necessary structures such as goals, lighting and a sprinkling system ("Project Site Plan"). The Center shall review the Project Site Plan and indicate its approval in writing before the City advertises the Project Site Plan for bid. (2)At its sole cost, bid construction of the Project Site Plan and construct the Project Site in conformance with the Project Site Plan. B. At its sole cost. be responsible for the ongoing operation and management of all City coordinated programs held at the Project Site. C. At its sole cost, maintain the Project Site, including fertilization, watering, mowing and maintenance of lighting. D. Obtain all necessary easements from the State of Minnesota for utilities and ail surveys necessary to locate said easements. 4. Duties of the Center. The Center agrees to do the following: A. Provide and pay for the prorated cost of electrical service for the lighting and water for the Project Site based on its usage. B. Provide the City with reasonable access to the Project Site for the purpose of construction, operation and use. C. Refrain from altering the Project Site in any fashion which will render the Project Site or any appurtenances unusable as a soccer field unless the Parties have previously agreed in writing to such alteration. D. Facilitate the process for the State of Minnesota to grant the City any easements for utilities reasonably deemed necessary by the Parties to provide utility service to the Project Site. 2 5. Design of the Pr©iect Site. The parties agree that they shall obtain the consent of the other party in writing for any changes to the design of the Project Site Plan which said consent shall not be unreasonably withheld, so long as this Agreement is in effect. 6. Use of the Field by the Parties. During the summer when the Center Arts High School is not in session, the City shall have the right to use the Project site at any time. During the school year, the City shall have the right to use the Project Site weekdays after 6 p.m. and during days and evenings on weekends. The Center shall have use of the Project Site weekdays during the school year until 6 p.m. Upon mutual agreement of the parties, the City shall have the right to use the Project Site during those times normally reserved for Center use when the Project Site is not in use by the Center, and the Center shall have the right to use the Project Site during those times normally reserved for City use when the Project Site is not in use by the City. 7. Ownership and Tax-Status of the Project,. The Project Site is and will continue to be owned by the State under the custodial control of the Center. The property tax status of the Project Site shall be determined on the basis of the treatment by Hennepin County. The Project Site is currently tax exempt and is expected to remain tax exempt. In the event the Project Site should be taxable by action of the City, the City shall be solely responsible for all such takes. 8. Terms of Contract. This contract shall be effective on 19q'� or upon the date that the final required signature is obtained by the Center, pursuant to Minn. Stat. § 16B.06, Subd.2, whichever occurs later, and shall remain in effect 20 years from that date unless canceled earlier pursuant to Section 9. City understands that NO work should begin under this contract until ALL required signatures have been obtained. and City is notified to begin work by the Center's Authorized Representative. 9. Termination. (a) This Agreement may be terminated upon one year's written notice by either Party unless the parties mutually agree to a shorter notice. The termination date must be provided in the written notice and shall be a date that falls either before or after a normal soccer season. but not during such season. The City shall have 90 days, weather permitting, from the termination date to remove any improvements it paid for under Section 3A above so long as the Project Site is returned to the same condition it was in prior to the date of this Agreement. The remaining improvements associated with the Project Site and any of the City's improvements not removed within the 90 day period shall become the sole property of the State. 1 (b)Notwithstanding any mutual agreement of the parties to a termination notice of less than one year pursuant to paragraph 9(a), the party initiating the written notice of termination shall be deemed to be the party who terminates this Agreement for purposes of paragraph 10. (c) Notwithstanding anything to the contrary herein, in the event the Minnesota State Legislature does not appropriate to the Board of the Lola and Rudy Perpich Minnesota Center for the Arts funds necessary for the continuation of this Agreement, this Agreement may be terminated by Center upon giving thirty (30)days written notice to City, although the City shall have 90 days to remove improvements as set forth above in paragraph 9(a). 10. Repayment. (a) Upon early termination,if the City is the Party who terminates this Agreement, the Center shall not reimburse the City any of the costs of constructing the Project Site. (b) Upon early termination, if the Center is the Party who terminates this Agreement,the Center shall reimburse the City a pro rata share of all costs of constructing the Project Site, the amount to be paid determined by multiplying the total construction costs of the Project Site by a fraction the numerator of which is the number of months remaining in the 20 year term of this Agreement and the denominator of which is 240. 11. Supervision/Insurance/Indemnity. The Parties agree that each shall be responsible for reasonable supervision of its own users of the Project Site. The primary responsibility for any claims for damages or injuries growing out of any accident or occurrence during the use of the Project Site is that of the party having responsibility for the supervision of the Project Site at the time of such accident or occurrence. The Parties agree to carry policies of liability insurance in at least the amounts specified as the extent of such liability under Minnesota Statutes Chapter 466 for the City and Minnesota Statutes § 3.736 for the Center. 12. Memorandum of this Asreement. Either party shall have the right to require the other party to this Agreement to execute a Memorandum of this Agreement which is in recordable form and such party shall have the right to file such Memorandum, at its own expense, in the appropriate Hennepin County land recorders office. 13. Amendments, This Agreement may be amended in writing at any time by mutual consent of the Parties and shall be executed by the same parties who executed this Agreement or their duly authorized successors in office. 4 14. Suble ling/Assignment, Both parties agree not to assign,sublet or otherwise authorize use of the Project Site, except as allowed in this Agreement, without the written consent of both parties. 15. State Audits. The books, records, documents, and accounting procedures and practices of the City relevant to this Agreement shall be subject to examination by the Center and the Legislative Auditor. 16. Data Prances Act. The Parties shall .:...:ply with the Minnesota Data Practices Act. 17. Parties' Authorized Representatives, The Center's Authorized Representative for the purposes of administration of this contract is Barbara Martin, Deputy Director. The City's Authorized Representative for the purposes of administration of this contract is Rick Jacobson, Director of Parks and Recreation. 18. Conditions of Center's Pa=ent of Prorated Construction Costs, All construction services provided by City pursuant to this contract shall be performed to the reasonable satisfaction of the Center, as determined in the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances. rules and regulations. IN WITNESS WHEREOF, the City and the Center have caused their names to be signed by their respective officers thereunto duly authorized and their respective seals, if any, to be hereunto affixed, as of the date and year first written above. TIE MINNESOTA CENTER.FOR THE CITY OF GOLDEN VALLEY. ARTS EDUCATION MINNESOTA Its Deputy Director Its Z' lavor ByA _ Its . 116 1 aser Approved as to form and execution by the Atto y General B�� , Its AG:86133 v i 6 W State Hwy Ido. 55 N State Hwy No. 55 r " MaintanceAgreement do e Slope Easement r Road 52 5 C T Ij t n 515 1 5 �1 309 16 12 1 505 y 445 11 a 435 m ,7 a . Y"1 , 6135 � II. 4710 " 2r: r_. " 45 Note: Easement& Watermain SCS 324 ,t 5 alignments may not be exact. PUD 34 Perpich Center for Arts Ed Map Features Maintenance Agreement: Yes No Details: Past WM Break fixed by City There should be a WM easement.. PUD Easement over WM: Yes4'101 Dev File: "WM&San service lines installed, ,!D owned, &maintained by owner... existing 0 55 110 220 330 440 Info in Development Files: es No/NAwm esmt shall be vacated&new wm esmts Feet dedicated prior to issuance of building Past Practice: es No/NApermits" J0, HH, EE City Maintains Hyd's&Fixed breaks up to 4th Public Notes: Hyd. Just learned of last 2 Hyd&wm recently. Does LOOP Staff Opinion: Watermain: 2182 Public Private Hydrants: _6 Public Private Valves: Public Private Map Updated:7/18/2013 JOINT POWERS AGREEMENT This Joint Powers Agreement ("Agreement") is entered into pursuant to Minnesota Statutes § 471.59 between the Perpich Center for Arts Education, an agency of the State of Minnesota ("PCAE") and the City of Golden Valley, a Minnesota municipal corporation ("City"). WHEREAS, the City is empowered to expend funds for a storm water management program, including storm water quality,quantity improvements and maintenance, and WHEREAS, PCAE is empowered under Minn. Stat. § § 129C.10, subd. 3 to care for, manage and control its real property; and WHEREAS, PCAE and the City have determined that construction of a pond is necessary to control storm water runoff from a site located on PCAE property; and WHEREAS, the parties have entered into a Joint Powers Agreement to accomplish the purposes set forth herein; NOW THEREFORE, in consideration of the mutual promises, benefits and obligations contained herein, the parties hereby agree as follows: I. Purpose. The purpose of this Agreement is to provide for the design, construction and maintenance of a pond and related storm water management facilities ("facilities") to control storm water runoff rate and water quality for an 18.5 acre watershed on the west side of the PCAE site. Five acres of the watershed (27 percent) lie within the boundaries of the PCAE site. The remaining 13.5 acres (73 percent) lie outside the boundaries of the site. Site map is attached to and incorporated herein as Exhibit A. II. Agreements of PCAE and the City. A. City agrees to do the following: 1. City shall pay 73 percent of the cost of design and construction of the facilities not to exceed $120,000. Immediately after completion of the bidding process and selection of the construction contractor, City shall encumber 73 percent of the design and construction costs and provide documentation of the encumbrance to PCAE. 2. City shall promptly pay 73 percent of each invoice submitted under contracts entered into to accomplish the purpose of this Agreement. I 3. City shall provide major maintenance of the facilities. Maintenance shall include: a. Annual inspection, maintenance reporting and certification by a professional engineer. b. Excavation of pond to original design capacity when one-half(%) of the wet volume of the pond is lost due to sediment deposition. C. Maintenance of all erosion control measures including but not limited to: rip rap storm sewer outlets, and catch basin inlets. 4. City shall restore landscaping upon completion of maintenance efforts. B. PCAE agrees to do the following: 1. PCAE shall manage the design and construction of the facilities. PCAE will provide record drawings of the facilities to the City in digital format for the city's approval. 2. PCAE shall pay 27 percent of the cost of design and construction of the facilities. Immediately after completion of the bidding process and selection of the construction contractor, PCAE shall encumber 27 percent of the design and construction costs and provide documentation of the encumbrance to City. 3. PCAE shall pay 27 percent of each invoice submitted under contracts entered into to accomplish the purpose of this Agreement. 4. PCAE shall perform minor maintenance of the facilities, including removal of litter and floatable debris in and around pool, removal of noxious weeds and shall maintain a buffer zone surrounding the pond from the normal high water elevation in accordance with the plan design, attached hereto and incorporated herein as Attachment B. 5. PCAE grants the City a temporary, non-exclusive license in, on, over and across PCAE property and for the purpose of performing maintenance as described in II. A.3 above. 2 III. Other Provisions. A. Ongoing maintenance of the pond. Each party shall be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The liability of PCAE shall be governed by provisions of the Minnesota Torts Claims Act, Minnesota Statutes Section 3.732 and 3.736, et seq. and other applicable law. The liability of the City shall be governed by the Minnesota Municipal Torts Claims Act, Minnesota Statutes Chapter 466 et seq. and other applicable law. B. Each party shall obtain and/or maintain liability insurance or self-insurance covering it for claims arising out of its maintenance of the pond. C. The City and PCAE shall comply with all applicable federal, state and local regulations pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance,disability or age. D. The City and PCAE shall comply with the requirements of the Minnesota Data Practices Act,Minn. Stat. Ch. 13. E. Neither the City nor PCAE shall assign any interest in this Joint Powers Agreement in any manner without the consent of the other. F. Any amendment to this Agreement shall be in writing and signed by the authorized representatives of PCAE and the City. G. This Agreement shall constitute the entire agreement between PCAE and the City on those matters covered therein. H. The authorized representatives for administration of this Agreement are the Director of the PCAE or his/her designee and the Director of Public Works of City of Golden Valley or his/her designee. All notices shall be sent to these respective officials at their official addresses as follows: Perpich Center for Arts Education 6125 Olson Memorial Highway Golden Valley,MN 55422 Attention: David Flannery City of Golden Valley Public Works Department 7800 Golden Valley Road Golden Valley,MN 55427 Attention: Jeannine Clancy 3 IV. Effective Date and Termination. This Agreement shall be effective when signed by the last of the parties necessary for its execution. It shall continue indefinitely until terminated by mutual written consent of PCAE and the City of Golden Valley or as follows: A. After the first ten years of this Agreement, upon 365 days written notice by either party to the other. B. For breach of any condition of this Agreement, upon 60 days written notice by either party to the other, except that the running of the notice period is abrogated by good-faith cure of the specified breach. Upon the effective date of termination of this Agreement by consent of the parties or by notice as above, PCAE shall assume full control of and responsibility for the facilities and surrounding site and all rights of the City in the Agreement shall be extinguished. IN WITNESS WHEREOF, PCAE, and the City, pursuant to resolution of the City Council,have caused this Agreement to be signed, intending to be bound thereby. CITY OF GOLDEN VALLEY Approved as to form and execution BY: l TITLE: DATE: j��'Vos BY:— TITLE:- DATE: Y:TITLE:DATE: 03 PERPICH CENTER FOR ARTS EDUCATION BY: TITLE:1��1 herr m EYec_,AA,;V2 DATE: AG:#839974-v1 4 ADDENDUM TO JOINT POWERS AGREEMENT WHEREAS, the Perpich Center for Arts Education ("PCAE"), an agency of the State of Minnesota and the City of Golden Valley ("City") entered into a Joint Powers Agreement ("JPA") effective Oq to construct a pond to control storm water run off from a site located partially on PCAE property and partially on City property("project"); and WHEREAS, PCAE and the City each agreed to perform certain actions under the JPA including encumbering a proportionate share of the funds required for the project and paying a proportionate share of each invoice submitted under contract(s) entered into to implement the JPA; and WHEREAS, PCAE and the City wish to amend certain provisions of the JPA related to encumbrance of funds and payment of invoices. NOW THEREFORE, the parties agree as follows: 1. Clause II.A.2 is amended as follows: City shall promptly reimburse PCAE 73% of the amount of each paid invoice submitted by PCAE to the City. 2. Clause II.B.2 is amended as follows: PCAE shall pay 27% of the costs of design and construction. Immediately after completion of the bidding process and selection of the construction contractor, PCAE shall encumber 100% of the design and construction costs and provide evidence of this to the City. 3. Clause II.B.3 is amended as follows: PCAE shall pay the total amount of each invoice submitted under contract(s) entered into to implement the JPA. PCAE will then submit a copy of each paid invoice to the City for reimbursement. PCAE will decrease its encumbrance by the amount of the reimbursement received from the City for each paid invoice. 4. Except as amended herein, all other terms and conditions of the JPA remain unchanged. 5. This Addendum is effective upon the latest date of execution by the parties listed below. CITY OF GOLDEN VALLEY App r ed a rm and execution BY: Linda R. Loomis TITLE: Mayor DATE: OM16 CITY OF GOLDEN VALLEY BY: Thomas D. Burt TITLE: City Manager DATE:___. PERPICH CENTER FOR ARTS EDUCATION BY: TITLE: Interim Executive Director DATE: G - I k a 2