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03-18-2024 City Council Agenda and PacketA.5:30 P.M. - WORK SESSION Note: Unless otherwise noted, work sessions are held in the Fountain Conference Room in the lower level of City Hall and are open to the public. If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. A.1 Broadband/Internet Update and Discussion A.2 Architecture Discussion - Chanhassen Cinema and Country Inn & Suites Redevelopment Proposal A.3 Discuss Commission Appointments A.4 Short Term Rental Ordinance Update Memo A.5 Missing Middle Housing Legislation A.6 City Council Roundtable A.7 Future Work Session Schedule B.7:00 P.M. - CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS C.1 Swearing-in Ceremony for Fire Chief Andrew Heger C.2 Invitation to 2024 Easter Egg Candy Hunt D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for AGENDA CHANHASSEN CITY COUNCIL MONDAY, MARCH 18, 2024 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 each staff report. D.1 Approve City Council Work Session Minutes dated February 26, 2024 D.2 Receive Environmental Commission Minutes dated January 10, 2024 D.3 Approve Claims Paid dated March 18, 2024 D.4 Award Contract for 2024 Pothole Patching to Northwest Asphalt, Inc. D.5 Resolution 2024-XX: Mediacom Cable Television Franchise - Extension to August 26, 2024 D.6 Appointment to the Environmental Commission E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda). F.PUBLIC HEARINGS G.GENERAL BUSINESS H.COUNCIL PRESENTATIONS I.ADMINISTRATIVE PRESENTATIONS J.CORRESPONDENCE DISCUSSION J.1 February 2024 Communications Report K.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.chanhassenmn.gov/action or paper forms are available in the city council chambers prior to the meeting. A total of thirty minutes is alloted for Visitor Presentations. Priority is given to Chanhassen residents. An additional thirty minutes may be provided after General Business items are complete at the discretion of the City Council. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. 2 If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. Comments may also be emailed to the City Council at council@chanhassenmn.gov. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. 3 City Council Item March 18, 2024 Item Broadband/Internet Update and Discussion File No.Item No: A.1 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Matt Unmacht, Assistant City Manager Reviewed By Laurie Hokkanen SUGGESTED ACTION Discussion Motion Type N/A Strategic Priority Communications SUMMARY City staff were approached by Comcast in late February of this year regarding bringing broadband internet and cable video service to the City of Chanhassen's residents and businesses. Initial discussions with Comcast have indicated that they are open to adopting a Franchise agreement similar to the agreement between the City and MetroNet. Comcast has indicated that they would provide up to 1GB of synchronous upload and download speeds, along with language that requires Comcast to provide service to the entirety of the city within 24 months. The city is working with its broadband attorney to develop a draft Franchise agreement to be presented to Comcast for review. Comcast's construction and government relations team met with Administration and Engineering staff in late February to discuss project timelines, permitting and construction needs, data requests, etc. Comcast has indicated to city staff that they would like to move at an accelerated timeline, providing cable and internet service to the entire city within 24 months. Attached to this staff report is a draft timeline that was prepared by the city's broadband attorney. 4 To prepare to meet this accelerated timeline, the city published a Notice of Intent to Franchise to the Chanhassen Villager on March 14, and another will be published on March 21. This Notice of Intent to Franchise is a required step by Minnesota State Statute. Waht does this mean for Mediacom? The city is currently negotiating with Mediacom on a Franchise renewal. The current Franchise expired in December 2023, and an extension was issued through early April 2024. Another extension is on the Council's Consent Agenda on March 18, 2024, which would extend the existing Franchise with Mediacom through August 2024. This extension would allow the city to continue to negotiate the terms of the Franchise extension while also working to bring Comcast to the city. What does this mean for MetroNet? MetroNet has notified the city that due to market conditions it no longer plans to construct a cable system or provide cable service within the city, however, MetroNet still desires to install facilities within the city to provide broadband services and MetroNet desires to maintain the existing Fiber Agreement. The city is currently negotiating a settlement agreement with MetroNet on these terms. Assuming this settlement agreement comes to fruition, the city will continue to work with Randy Lehs of Carver County's CarverLink who will help preserve the fiber connectivity that would serve the city locations as outlined in the Fiber Agreement. The city has also been approached by Intrepid Fiber about providing fiber internet access to Chanhassen's residents and businesses. The City's Engineering staff has had initial conversations with Intrepid to discuss the scope and schedule, and to provide information regarding the city's permitting requirements, construction ordinances, etc. Internet-only Service Providers like Intrepid are not regulated by the city, outside of granting right-of-way permits, and do not need the city's permission to serve Chanhassen's residents and businesses. BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Comcast Franchise Application Procedural Timeline 5 9076135v1 Franchise Application Procedural Timeline Chanhassen, Minnesota 1.Informal negotiations between Comcast and City staff can take place from start of franchise process. Start: February 2024 Complete: May 2024 2.City considers publication of Notice of Intent to Franchise. Please advise if staff prefers council consideration - It is not required under Minnesota statutes 3.The City publishes the Notice of Intent to Franchise in local paper of general circulation once each week for two (2) successive weeks. City will draft the Notice of Intent based upon state statutory requirements. Chanhassen Villager - Thursday publication Deadline to submit – by Noon/one week prior to publication date Publication Dates: March 14 and 21, 2024 4.The City makes official Application Form available to interested parties wishing to submit a proposal. City will provide Application Form based upon state statutory requirements. Same dates as #3 above. 5.The City sets the application deadline - no sooner than twenty (20) days from the date of the first published notice in local paper. April 4, 2024 6.The City holds a public hearing to consider applications - publish Notice of Public Hearing the same as any other council public hearing. April 22, 2024 7.No sooner than seven (7) days after the close of the public hearing the City may adopt an ordinance granting a cable franchise. May 13, 2024 Upcoming City Council Meeting Dates: March 11 and 18, April 8 and 22 and May 13 and 20, June 10 and 24, 2024 6 City Council Item March 18, 2024 Item Architecture Discussion - Chanhassen Cinema and Country Inn & Suites Redevelopment Proposal File No.24-01 Item No: A.2 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Eric Maass, Planning Director Reviewed By Laurie Hokkanen SUGGESTED ACTION Discussion only. Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY At the March 11th City Council meeting, the City Council tabled the requested preliminary plat, site plan, and TIF request for the proposed redevelopment of the Chanhassen Cinema and Country Inn & Suites. Part of the discussion had by the City Council included their desire for the applicant to attend this work session to work on further refining the architectural design of the buildings being proposed. Bob Loken from ESG Architects is the lead architect of the proposed project. Bob will lead the City Council through this design conversation. BACKGROUND DISCUSSION 7 BUDGET RECOMMENDATION N/A ATTACHMENTS West Building Color Studies Civic Campus material comparisons and building alterations as of 3.11 8 1 ESG | ARCHITECTURE & DESIGN | 78TH & MARKET MIXED USE | CHANHASSEN, MN | 03.04.24 BASE SCHEME REFERENCE 9 2 ESG | ARCHITECTURE & DESIGN | 78TH & MARKET MIXED USE | CHANHASSEN, MN | 03.04.24 CHAMPAGNE SCHEME 10 3 ESG | ARCHITECTURE & DESIGN | 78TH & MARKET MIXED USE | CHANHASSEN, MN | 03.04.24 PLATINUM & BRONZE SCHEME 11 4 ESG | ARCHITECTURE & DESIGN | 78TH & MARKET MIXED USE | CHANHASSEN, MN | 03.04.24 BRANDYWINE/BLUSH/BRONZE SCHEME 12 Signature Typed or Printed Name License # Date PROJECT NUMBER DRAWN BY CHECKED BY ORIGINAL ISSUE: REVISIONS: KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota 3/4/2024 8:47:10 PMA.17 3D VIEWS Project Number Author Checker 03/04/24 Market Blvd & W 78th St - West Building Market Blvd & W 78th St -West BuildingChanhassen, MN No. Description Date WEST BUILDING -VIEW FROM PROPOSED CIVIC CAMPUS AT NORTHWEST CORNER OF 78TH & MARKET LOOKING SOUTH ALONG MARKET BLVD WEST BUILDING -VIEW FROM PROPOSED CIVIC CAMPUS AT NORTHWEST CORNER OF 78TH & MARKET LOOKING EAST ALONG 78TH STREET 13 Signature Typed or Printed Name License # Date PROJECT NUMBER DRAWN BY CHECKED BY ORIGINAL ISSUE: REVISIONS: KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota 3/4/2024 8:47:12 PMA.19 WEST BUILDING - COLOR STUDIES Project Number Author Checker 02/22/24 Market Blvd & W 78th St - West Building Market Blvd & W 78th St -West BuildingChanhassen, MN No. Description Date CIVIC CAMPUS EXTERIOR FINISH PALETTE REFERENCE STONE 2A CAST STONE 2B ARCHITECTURAL PRECAST 3A ARCHITECTURAL PRECAST 3B METAL PANEL 5A/ METAL BALCONY & RAILING 12D METAL PANEL 5B/ METAL HEAD PANEL 10C/ METAL SILL PANEL 10D FIBER CEMENT PANEL 6A - COLOR #1 WINDOW 8A/ STOREFRONT 8B/ BALCONY 12C METAL FLASHING 10A BRICK 1A BRICK 1B BRICK 1C BRICK 1D STONE 2A CAST STONE 2B ARCHITECTURAL PRECAST 3B METAL PANEL 5B/ METAL HEAD PANEL 10C/ METAL SILL PANEL 10D WINDOW 8A/ STOREFRONT 8B/ BALCONY 12C METAL FLASHING 10A STONE 2A CAST STONE 2B ARCHITECTURAL PRECAST 3B METAL PANEL 5B/ METAL HEAD PANEL 10C/ METAL SILL PANEL 10D METAL FLASHING 10A STONE 2A CAST STONE 2B ARCHITECTURAL PRECAST 3B METAL PANEL 5B/ METAL HEAD PANEL 10C/ METAL SILL PANEL 10D METAL FLASHING 10A WEST BUILDING -EXTERIOR FINISH PALETTE BASE CONCEPT BRICK 1A BRICK 1B/ BRICK 1D BRICK 1C METAL PANEL 5A/ METAL BALCONY & RAILING 12D ARCHITECTURAL PRECAST 3A FIBER CEMENT PANEL 6A -COLOR #1 BRICK 1A/ BRICK 1C BRICK 1B/ BRICK 1D ARCHITECTURAL PRECAST 3A METAL PANEL 5A/ METAL BALCONY & RAILING 12D FIBER CEMENT PANEL 6A - COLOR #1 WINDOW 8A/ STOREFRONT 8B/ BALCONY 12C BRICK 1A BRICK 1B BRICK 1C/ BRICK 1D METAL PANEL 5A/ METAL BALCONY & RAILING 12D WINDOW 8A/ STOREFRONT 8B/ BALCONY 12C FIBER CEMENT PANEL 6A - COLOR #1 ARCHITECTURAL PRECAST 3A WEST BUILDING -EXTERIOR FINISH PALETTE ALTERNATE CONCEPT #1 WEST BUILDING -EXTERIOR FINISH PALETTE ALTERNATE CONCEPT #3WEST BUILDING -EXTERIOR FINISH PALETTE ALTERNATE CONCEPT #2 14 Signature Typed or Printed Name License # Date PROJECT NUMBER DRAWN BY CHECKED BY ORIGINAL ISSUE: REVISIONS: KEY PLANNOT FOR CONSTRUCTIONI hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota 3/4/2024 8:47:13 PMA.21 WEST BUILDING - DESIGN EVOLUTION Project Number Author Checker 02/29/24 Market Blvd & W 78th St - West Building Market Blvd & W 78th St -West BuildingChanhassen, MN No. Description Date WEST BUILDING -PREVIOUS PROPOSED DESIGN FROM 1/15/2024 WEST BUILDING -CURRENT PROPOSED DESIGN INCORPORATING CITY COMMENTS TOP FLOOR BUILDING MASSING STEPBACK ALONG MARKET BLVD (APPROX. 26 FEET) REVISED, MORE SUBSTANTIAL BRICK CORNICE INCORPORATED BRICK CORNICE ADDED FOR DESIGN CONSISTENCY WITH OTHER COMMERCIAL ELEMENTS AND STRONGER DEFINITION OF BUILDING BASE. SOLID PARAPET WALL VERSUS PERIMETER RAILING FOR CONCEALMENT OF RESIDENT FURNITURE, ETC. TOP FLOOR BUILDING MASSING STEPBACK ALONG 78TH STREET/ LAREDO DRIVE (APPROX. 12 FEET) ENHANCED BAY FEATURES TO FURTHER EMPHASIZE SUBDIVISION OF BUILDING MASSING ALONG 78TH STREET FRONTAGE REVISED MASSING AT LEVEL 6 FOR IMPROVED INTEGRATION WITH BUILDING DESIGN BELOW. MORE PROMINENCE IMPARTED TO CLUB ROOM & ROOF DECK FEATURES BUILDING FACADE ADJUSTMENTS AT SOUTHWEST CORNER TO IMPROVE THE CLEAR EXPRESSION OF A CONTINUOUS BUILDING BASE LOWERED STOREFRONT SILL HEIGHTS ALONG 78TH STREET FOR ENHANCED BUILDING TRANSPARENCY AND IMPROVED PEDESTRIAN EXPERIENCE 15 City Council Item March 18, 2024 Item Discuss Commission Appointments File No.Item No: A.3 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND Cities can solicit candidates and submit candidates for consideration for appointment to the Watershed District Board in Carver County. The city has historically not elected to participate in this process but may wish to consider doing so. The City Council will receive information and discuss it. DISCUSSION BUDGET RECOMMENDATION 16 ATTACHMENTS 17 City Council Item March 18, 2024 Item Short Term Rental Ordinance Update Memo File No.Item No: A.4 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Rachel Jeske, Planner Reviewed By Eric Maass SUGGESTED ACTION Review the attached memo and draft ordinance and contact Rachel Jeske with any comments or questions. Motion Type N/A Strategic Priority N/A SUMMARY This agenda item is not planned to be presented on/discussed as part of the work session. If the City Council has any feedback on this item it should direct that feedback to the city's planner, Rachel Jeske. BACKGROUND The City Council provided guidance to staff at the February 26 work session. Staff has revised the proposed ordinance prior to the ordinance amendment public hearing that will take place on April 2. DISCUSSION BUDGET 18 RECOMMENDATION Staff recommends that the City Council review the draft ordinance and contact Rachel Jeske with any questions or comments prior to Monday, March 25th so that comments can be incorporated into the draft ordinance prior to its being reviewed by the Planning Commission on April 2, 2024. ATTACHMENTS Planning Staff Memo Redlined Draft Ordinance 19 PH 952.227.1100 • www.chanhassenmn.gov • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA • 55317 Chanhassen is a Community for Life - Providing for Today and Planning for TTomorrow MEMORANDUM TO: Elise Ryan, Mayor Laurie Hokkanen, City Manager Jerry McDonald, Council Member Haley Schubert, Council Member Josh Kimber, Council Member Eric Maass, Planning Director FROM: Jeske, Rachel DATE: March 13, 2024 SUBJ: Short-Term Rental Draft Ordinance Review In 2022, the City Council approved Ordinance Number 698, enacting the Short-Term Rental Licensing Program in the City of Chanhassen. The ordinance stipulated the number of guests and vehicles on the property overnight, as well as compliance with nuisance regulations. Failure to comply with the ordinance could result in a violation letter, and the revocation of the permit for seven years after three valid offenses. After a public listening session on February 12 and a City Council Work Session discussion on February 26, the Council provided direction to staff on updates to be made to the ordinance. The public hearing for this ordinance amendment will be held at the Planning Commission on April 2 and will be reviewed for approval by the City Council on April 22. Based on program data, public comment, and Council direction, staff suggests the following ordinance revisions: (1) A maximum of four vehicles shall be permitted overnight and vehicles in a garage shall not be counted towards the maximum number of vehicles permitted overnight. a. Variations from overnight occupany and parking restrictions will be considered for properties with unique circumstances and no active violations. These increased limits may be revoked at staff discretion. (2) If a license is revoked, the period of revocation shall be decreased from the current 7 years down to one year. (3) Applications shall be accepted on a rolling basis, but will all renew on February 1st annually. (4) Complaints shall only be considered for violation status if they are submitted at the time of the nusaince occuring. 20 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE, THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-961 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sec 20-961 Short-Term Rentals 1.License Required. No property shall be used as a short-term rental without a license issued by the City. The license once issued shall be valid until February 1st of the following year. Each consecutive renewal shall be valid for a period of one year from the date of issuance and must be renewed annually. The procedure for receiving a license shall be as follows: 1.Application for a license shall be made to the city upon a form furnished by the City. A nonrefundable fee in the amount established by the ordinance adopting fees shall be paid to the City when the application is filed. 2.In order to be issued a license the applicant must: 1.Provide the name and contact information, including a 24-hour telephone number, for the party responsible for managing the property. 2.State the maximum occupancy of the short-term rental. 1.The maximum occupancy shall be two adults per bedroom plus an additional two adults. 2.Accompanying children shall not count towards the occupancy limit. 3.A property owner may request a higher occupancy limit in writing at the time of application. The City may approve or deny a higher occupancy limit after considering factors such as home size, number of beds, and distance from neighboring properties, and previous violation status. Increased occupancy limits may be revoked if a valid complaint is submitted regarding these limitations. 3.State the maximum number of vehicles that may be parked overnight on the property. The maximum number of vehicles that may be parked overnight on the property shall be two four vehicles. plus one for each available garage stall. Vehicles in garages shall not be counted towards total number of vehicles. 1.A property owner may request a higher overnight parking limit in writing at the time of application. The City may approve or deny a higher parking limit after considering factors such as the presence 21 of off-street parking pads, driveway length and width, and availability of street parking, and previous violation status. Increased parking limits may be revoked if a valid complaint is submitted regarding these limitations. 4. Agree that the City has permission to access exterior areas of the property when responding to a reported violation of the standards in this section in order to ascertain if a violation has occurred. 5. Not have any unresolved Code Enforcement or Property Maintenance cases. 6. Not have had a short-term rental license revoked by the City of Chanhassen within the last seven years. 7. If the owner of a short-term rental fails to apply for a license within thirty days of being notified of the need for a license by the City, they shall be ineligible for a license for a period of one year from the date of the notice. 2. Standards. The following standards apply to all short-term rentals: 1. Listings advertising the property’s availability for rent must state the license number, maximum occupancy permitted by the license, and the maximum number of vehicles that may be parked overnight on the property 2. An appropriate number of waste containers must be present to accommodate the amount of trash generated by the short-term rental. Waste may not be stored outside of approved containers. All waste containers must be stored outside of public view, except on day of collection. 3. Between 10:00 p.m. and 7:00 a.m. no more than the maximum number of overnight guests stipulated in the license may be present on the property. 4. Between 10:00 p.m. and 7:00 a.m. parking is limited to the maximum number of vehicles stipulated in the license. At no time may vehicles be parked on grass or so as to obstruct access to neighboring residences, the public right-of way, or emergency vehicle access. 5. The Good Neighbor Brochure provided by the City must be posted on the inside of the front door and the primary door to the backyard, or in a conspicuous location near each such door. 6. Property must have working smoke and carbon monoxide detectors in each bedroom or sleeping area and the owner must provide any transient renting the property with information regarding emergency egress. 7. Property must be in compliance with all state and local laws and regulations. 3. Violations 1. Unlawful Acts: It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this Section or other provisions of this code. 2. Complaints shall only be considered for violation status if they are submitted at the time of the nuisance occurring. 3. Notice of Violation: The code official shall serve a notice of violation on the licensee. 4. Prosecution Of Violation: If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equality to restrain, correct or abate such violation, or to require the termination of the unlawful 22 occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. 5.Violation Penalties: Any person who shall violate a provision of this section, or fail to comply therewith, or with any of the requirements thereof is guilty of a misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Licenses may be revoked or suspended for violations of this section. 6.Abatement of Violation: The imposition of the penalties herein prescribed shall not preclude the city attorney from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building in violation of this section, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. 7.Fees and Charges: The property owner of record shall be responsible for any city costs in enforcing the provisions of this chapter including inspection fees, or other fees, charges or penalties that are imposed as permitted by law. 4.Suspension and Revocation 1.In the event of any potential health or safety violations, the City Manager may suspend the license until the violation is corrected. 2.If a property with a short-term rental receives three notices of violation within a 365-day period, its short-term rental license shall be revoked. The license may be revoked after a single violation if the violation is not immediately corrected pursuant to a notice of violation. 5.Appeal. The licensee may appeal the occupancy limit, parking limit, denial, suspension, or revocation to the city council. The licensee must file with the city clerk a notice of appeal within ten days of an issuance, denial, suspension, or revocation. The council shall consider the appeal at a regularly or specially scheduled council meeting on or after 15 days from service of the notice of appeal upon the city clerk by the licensee. Hearing on the appeal shall be open to the public and the licensee shall have the right to appear and be represented by legal counsel and to offer evidence in behalf of licensure. At the conclusion of the hearing, or as soon thereafter as practicable, the council may order: 1.The denial, suspension, or revocation of the license. 2.The denial, suspension, or revocation by the city manager be lifted and the license be returned to the licensee. 3.Additional terms, conditions and stipulations to be imposed on the licensee to mitigate problems. 4.A higher occupancy or parking limit than approved by the City. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this ___day of _____, 2024, by the City Council of the City of Chanhassen, Minnesota ______________________________ ________________________________ 23 Kim Meuwissen, City Clerk Elise Ryan, Mayor (Published in the Chanhassen Villager on ______________________________) 24 City Council Item March 18, 2024 Item Missing Middle Housing Legislation File No.Item No: A.5 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS A Message from the Mayor 03-14-2024 25 26 27 City Council Item March 18, 2024 Item City Council Roundtable File No.Item No: A.6 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION None Motion Type N/A Strategic Priority N/A SUMMARY The quarterly roundtable is a time for the City Council to discuss items of interest, propose new items for review, and ask general questions of staff/each other. Items with interest from at least two Council Members may be scheduled for research by staff, future work sessions, or other action as appropriate. BACKGROUND DISCUSSION Staff has not received any items in advance of the discussion. Items should generally have the support of at least two council members to continue discussion and/or have staff research. Citizen Action Requests 28 See attached. BUDGET RECOMMENDATION ATTACHMENTS Roundtable Process Overview Citizen Action Request March 9, 2024 29 CHANHASSEN CITY COUNCIL Roundtable Overviewand Guidelines The quarterly roundtable is scheduled time for the City Council to discuss items of interest, propose new items for review, and ask general questions of staff/each other. The roundtable is designed to fill in the gaps between the annual Strategic Plan updates. Staff will provide a one-year historical summary of the Citizen Action Request Forms received in the packet for each roundtable. Timing: Quarterly, at a work session. Procedure: Submit items for consideration and publication in the council packet by noon on the Wednesday prior to the meeting. Be prepared to give a brief overview of proposed items at the work session. Actions: The City Council should determine the next steps, using the following menu of options: 1. Do nothing at this time 2. Park for discussion during the Strategic Plan update in January 3. Request staff prepare an issue paper (requires two votes of support) 4. Refer to a commission for further consideration (requires two votes of support) 5. Schedule a city council work session (requires three votes of support) CITY OF CHANHASSEN A Community For Life. 30 Complete this form and submit it prior to the City Council meeting date you wish to present your request. The City of Chanhassen invites citizens to submit a request in their native or preferred language. Upon doing so, the city will utilize its resources and do everything in its power to translate the request appropriately. Select City Council Meeting date you would like to attend: 03/11/2024 In 2024, the Chanhassen City Council meets on the second and fourth Mondays of each month. Printable 2024 City Meeting Calendar View and/or print this calendar to assist with determining when city council meetings are held in order to make your date selection above. Resident Information * Name Liz Williams * Address 7611 Kiowa Avenue Chanhassen MN 55317 * Phone (612) 500-8038 * Email lizwilliams2370@gmail.com Council Action Requested * Provide a brief description of the action you are requesting from the City Council. Can you please consider making it a City Code to require all property owners and citizens to be notified any of changes in the Downtown West and Downtown East areas (i.e. – postcard or other mailing format)? Also include additional notification measures to be posted on all occupied City buildings where the public frequents (e.g. – library, senior center, community center) to be in addition to and not in lieu of. Summary of Information * Provide a narrative of the request including need, costs, timetable, background, etc. It is evident by the lack of apparent knowledge across the City that the methods of communication are limited to those who are signed up for emails, texts, and/or those who receive the local newspaper. The current City population in 2024 is approximately 25,000. What Happens Next? Immediately upon submission of this form, staff will be notified by email and will provide copies to the City Council prior to the selected meeting date. Contact Questions? Contact City Clerk Kim Meuwissen at 952-227-1107 or by email. Page | 1 31 City Council Item March 18, 2024 Item Future Work Session Schedule File No.Item No: A.7 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY The City Council is tentatively scheduled to hold the following work sessions: March 25, 2024 Chanhassen Bluffs Sports Complex Discussion April 8, 2024 Downtown Design Guidelines Draft Plan Review Highway 5 Update City Manager Performance Review (CLOSED SESSION) April 22, 2024 SouthWest Transit Update May 13, 2024 32 Road Funding Discussion May 20, 2024 SAC and WAC Policy Discussion June 10, 2024 June 24, 2014 Consider Draft Recommendations Updating SAC/WAC Policy 2025 Preliminary Budget and Levy Discussion City Council Roundtable Pending items: Audit Presentation (May 13 or 20) Police and Fire Staffing Levels BACKGROUND Staff or the City Council may suggest topics for work sessions. Dates are tentative until the meeting agenda is published. Work sessions are typically held at 5:30 pm in conjunction with the regular City Council meeting, but may be scheduled for other times as needed. DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 33 City Council Item March 18, 2024 Item Swearing-in Ceremony for Fire Chief Andrew Heger File No.Item No: C.1 Agenda Section PUBLIC ANNOUNCEMENTS Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION The City Attorney will administer the Oath of Office to Fire Chief Heger. Following the Oath, there will be a badge pinning performed by his spouse. Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND Previously released Press Release: The City of Chanhassen officially has a new Fire Chief. Andrew Heger started as the City of Chanhassen’s second full-time Fire Chief on Monday, February 26. Heger comes to Chanhassen with nearly 23 years of firefighting experience. “Chanhassen firefighters have such a positive reputation,” said Heger. “I’m really looking forward to working with this team and lead the work we do to serve our community.” The new chief previously served as Victoria’s Fire Chief before stepping into the Chanhassen role, working in the City of Victoria for the entirety of the 23 years of his fire career. He replaced former 34 Chief Don Johnson, who retired on February 28, 2024. “We welcome Andrew to the team – we’re excited to have him at Chanhassen,” said City Manager Laurie Hokkanen. “Andrew brings a wealth of experience, and we're excited to see how he and the team continue to enhance the safety and well-being of our community.” Chanhassen has 26 paid-on-call firefighters and 10 full-time firefighters. Heger holds an associate’s degree from Hennepin Tech in Fire Science, an associate’s degree from Dunwoody College of Technology in Electrical Construction & Maintenance, a bachelor’s degree from Columbia Southern University in Fire Administration, and has 17 years of experience as a construction electrician. DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Oath of Office 35 FIRE CHIEF OATH OF OFFICE MARCH 18, 2024 I, Andrew Heger, do solemnly swear: That I will serve the people and firefighters of the Chanhassen Fire Department with integrity; That I will humbly serve all customers with an urgent response to their crisis - with compassion, kindness, sincerity, and respect; That I will observe the ordinances of the City of Chanhassen; I promise that I will, at all times, conduct myself in a manner that reflects positively on the Chanhassen Fire Department and the City of Chanhassen; That I will faithfully discharge the duties of the office of Fire Chief to the best of my judgment and abilities, so help me, God ath of OfficeOath of OfficeO 36 City Council Item March 18, 2024 Item Invitation to 2024 Easter Egg Candy Hunt File No.Item No: C.2 Agenda Section PUBLIC ANNOUNCEMENTS Prepared By Priya Tandon, Recreation Manager Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY The City of Chanhassen, with the support of our local Community Event Sponsors, is proud to announce the second community event of 2024 - the 41st Annual Easter Egg Candy Hunt. Area residents, their families, and friends are invited to join us on Saturday, March 30, at 9:00 a.m. or 10 a.m. at City Center Park for the annual hunt! Children age 12 and under will hunt for candy and eggs, have the chance to win special prizes and visit with the Easter Bunny. For more information and to register for the event, visit us online at chanhassenmn.gov/easter. BACKGROUND DISCUSSION 37 BUDGET RECOMMENDATION ATTACHMENTS Easter Egg Candy Hunt Flyer 2024 38 Easter Egg Candy Hunt Details Hunt for candy in three different age categories! Each participant will receive a bag for gathering candy and eggs, as well as the chance to find special eggs that are redeemable for prizes. Bring your camera for an eggstra- special photo with the Easter Bunny. The Candy Hunt is held rain or shine at City Center Park, North of Chanhassen City Hall at 7700 Market Boulevard. Pre-registration is strongly encouraged, and closes Friday, March 29. Day-of registration will be available. Register online at ChanhassenMN.gov/Easter Easter ColoringContest Rules Easter Contest coloring pages are available at City Hall, the Chanhassen Recreation Center, and at ChanhassenMN.gov/Easter Completed entries may be dropped off at Chanhassen City Hall, the Chanhassen Recreation Center (by 3:00 p.m. Friday, March 29), brought to the Egg Hunt, or submitted online (by 11:59 p.m. Sunday, March 31) to the above link. Ages 12 and under. FREE! A Very Special Thank You To Our Egg-Cellent Sponsors! Logos pictured indicate community sponsor contributions of $1,000+ AGES 12 & UNDER | $6 PER CHILD Want to become a sponsor? Visit us at ChanhassenMN.gov/Sponsorship COLORINGCONTEST TOO! PURPLE LEAF Business: Automotive Unlimited; Bongards Premium Cheese; Chanhassen American Legion Post 580; Chick-fil-A Chanhassen & Eden Prairie; Christian Brothers Automotive; Eden Trace Corp; J&R Complete Auto Repair; kiddywampus; Lunds & Byerly’s Chanhassen; Mathnasium of Chanhassen West; Merlin’s Ace Hardware; Nicolet National Bank; Pizzaioli; Riley Crossing Senior Living; South Lake Agency Inc.; The Garden By The Woods; The Mustard Seed Landscaping & Garden Center; and Wink Family Eye Care Individual: Jim Peck, Parks Commissioner; Vernelle Clayton SILVER LEAF Corporate: Old National Bank GREEN LEAF Corporate: Ridgeview Business: Brown’s Tire & Auto; Chanhassen Chiropractic; Chanhassen Dental; Houlihan’s Restaurant and Bar; Metropolitan Supply; Power Systems; and Xcel Energy CONTRIBUTING Corporate: Waytek Inc. Business: Chanhassen Dinner Theatres; CFC Athletics; Kiddie Academy Chanhassen; Leeann Chin; Peak Heating and Cooling; Tono Pizzeria & Cheesesteaks; and Turbo Nails of Chanhassen POST580 GRAB YOURCRAYONS &HAVE FUN! City of Chanhassen’s 41st AnnualEASTER EGG CANDY HUNT Saturday, March 30 | City Center Park Wave 1: 9:00 a.m. | Wave 2: 10:00 a.m. 952.445.6555 39 Chanhassen Easter Egg Candy Hunt Coloring Contest Prizes awarded in separate age categories. Pictures are judged on originality and neatness. Artists may use crayons, pencils, ink, markers, glitter, etc. Completed coloring entries may be dropped off at City Hall or the Chanhassen Recreation Center by 3:00 p.m., FRIDAY, MARCH 29, be brought to the Easter Egg Candy Hunt, or submitted online by 11:59 p.m. ON SUNDAY, MARCH 31 at ChanhassenMN.gov/Easter. Chanhassen City Hall • 7700 Market Blvd. • 952.227.1100 • Chanhassen Recreation Center • 2310 Coulter Blvd. • 952.227.1400 Name:Email:Age: 40 City Council Item March 18, 2024 Item Approve City Council Work Session Minutes dated February 26, 2024 File No.Item No: D.1 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council Work Session Minutes dated February 26, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 41 February 26, 2024 City Council Work Session Minutes 42 CHANHASSEN CITY COUNCIL WORK SESSION MINUTES FEBRUARY 26, 2024 Mayor Ryan called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilwoman Schubert, Councilman von Oven, and Councilman Kimber. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, Public Works Director/City Engineer; George Bender, Assistant City Engineer; Erik Henrickson, Project Engineer; Eric Maass, Planning Director; Rachel Jeske, Planner; Jerry Ruegemer, Park and Recreation Director; Sam DiMaggio, Economic Development Manager; Ari Lyksett, Communications Manager; and Kim Meuwissen, City Clerk. PUBLIC PRESENT:None. COMMISSION INTERVIEWS The City Council interviewed the following commission applicants: Erik Overlid Jeremy Rosengren Katie Trevena Kristin Fulkerson Paget Pengelly John Stutzman 82ND STREET (CSAH 18) PROJECT UPDATE Public Works Director/City Engineer Charlie Howley stated that the 82nd Street (CSAH 18/Lyman Boulevard) Project is part of the Arboretum Area Transportation Plan (AATP) and is being led by Carver County. Tonight’s presentation will be informational only, no City Council action is required. The goals of the project are to reduce traffic congestion, improve road safety, enhance walking and bicycling conditions and connections, respect the environment, and connect local destinations. Assistant City Engineer George Bender presented the current design layout of the project, roadway characteristics, and the bridge spanning the ravine trail and open channel. Mr. Bender reviewed the 82nd Street “remnant area” which includes dual cul-de-sacs and is the City of Chaska’s preferred alignment. A maintenance agreement will be needed between Chaska and Chanhassen. Mr. Howley stated that the project is fully funded with no money being requested or committed from Chanhassen. He reviewed the project timeline and indicated that Carver County has asked that the Chanhassen City Council adopt a Resolution of Support for the project at a March City Council meeting. The City Council discussed the proposed dual cul-de-sacs and directed staff to confirm with the City of Chaska that the residents along these cul-de-sacs are in favor of the proposal. 43 City Council Work Session Minutes – February 26, 2024 2 Mayor Ryan recessed the work session at 6:53 p.m. Mayor Ryan reconvened the work session at 8:40 p.m. RAILROAD DEPOT BUILDING AND PARCEL DISCUSSION Economic Development Manager Sam DiMaggio received an inquiry from a local business owner and resident to put up a coffee shop in downtown Chanhassen, specifically in the historic railroad depot. She outlined the challenges of using the depot for the coffee shop. A meeting was held with the Chanhassen Historical Society, and they were supportive of the proposal as they did not want to see the depot continue to deteriorate. They also suggested that the Historical Society move out of Old Village Hall so it could be used for a coffee shop since utilities were already connected to the building. Ms. DiMaggio asked the City Council for direction on selling the depot building and/or the land or leasing the building. Also, should the depot stay in its current location, or could it be moved? The City Council discussed the issues presented and agreed that the depot should not remain vacant; however, they preferred that the depot remain in its current location. SHORT-TERM RENTAL ORDINANCE AND LICENSING PROGRAM DISCUSSION Planner Rachel Jeske reviewed the history and timeline of the Short-Term Rental (STR) Program. Ms. Jeske provided an overview of the current ordinance and a summary of the February 12 Work Session presentation. Staff reached out to all STR owners and those who submitted complaints to invite them to the STR Listening Session held during the February 12, 2024, City Council meeting. Staff corresponded with those who were unable to attend the listening session to receive their feedback. Ms. Jeske demonstrated the STR Host Compliance software available on the City’s website. Thirty complaints were received in 2023 of which three resulted in violation notices including parking and noise. Out of the 20 STR properties, 17 did not receive any complaints. The three violations issued were reviewed along with changes that were made. Ms. Jeske stated that complaints are currently addressed on both a proactive and retroactive basis. Staff are proposing that complaints should only be considered when reported while the nuisance is occurring. Ms. Jeske presented staff’s proposed ordinance amendments. The City Council discussed the short-term rental issues presented and staff’s proposed changes. Staff was directed to move forward with the proposed changes and bring an ordinance to the City Council for approval. AUDUBON BUSINESS PARK UPDATE Planning Director Eric Maass provided an update on the Audubon Business Park Project located on the southwest corner of Audubon Road and Highway 5 next to the Xcel Energy project. The developer has secured an end user who can use both buildings but will need less truck parking than originally planned for the site due to a higher employee count. An updated site plan was submitted to address adequate parking for the user based on the largest work shift. Staff finds that the update is generally consistent with the approved site plan. The developer will have to update their traffic impact study to confirm that shift changes can be accommodated. Staff will review and administratively process the changes. 44 City Council Work Session Minutes –February 26, 2024 3 FUTURE WORK SESSION SCHEDULE March 11, 2024 Commission Interviews Discuss Commission Appointments Downtown Design Guidelines and Wayfinding Plan Review March 15, 2024 Chanhassen Bluffs Sports Complex Discussion March 18, 2024 Broadband/Internet Update and Discussion Chanhassen Cinema and Hotel Architecture Discussion City Council Roundtable March 25, 2024 Chanhassen Cinema and Hotel Architecture Discussion April 8, 2024 Downtown Design Guidelines Draft Plan Review Highway 5 Update City Manager Performance Review (CLOSED SESSION) April 22, 2024 SouthWest Transit Update May 13, 2024 Road Funding Discussion May 20, 2024 SAC and WAC Policy Discussion June 10, 2024  June 24, 2024 Consider Draft Recommendations Updating SAC/WAC Policy Discussion 2025 Preliminary Budget and Levy Discussion City Council Roundtable Pending Items: Broadband Service Audit Presentation (May 13 or 20) Mayor Ryan adjourned the work session at 9:40 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 45 City Council Item March 18, 2024 Item Receive Environmental Commission Minutes dated January 10, 2024 File No.Item No: D.2 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Environmental Commission minutes dated January 10, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 46 January 10, 2024 Environmental Commission Minutes 47 Chanhassen Environmental Commission (EC) 6:00 pm January 10, 2024 Members Present:Kristin Fulkerson, Greg Hawks, Scot Lacek, Scott Grefe, Ryan Farnan, Billy Cripe, Kaisa Buckholz Members Absent: Leslie Elhadi Staff Present: Jamie Marsh, Environmental Resources Specialist and Laurie Hokkanen, City Manager Visitors: Judy Harder, Resident Minutes December minutes were approved as amended. Civic Campus Update Laurie Hokkanen, City Manager gave a presentation about plans for the new Civic Campus. Ms. Hokkanen touched on the locations of the amenities and where the new City Hall will be located. Develop Work Plan for 2024 Dates on the 2024 work plan were updated. It was decided that the work plan will be brought up at the end of each meeting so members can add agenda items accordingly. Review and Develop 2024 Media Calendar Commissioner Cripe will write four social media posts for February and Commissioner Buckholz will write four social media posts for March. The posts will focus on the theme of the year which is aquatic and terrestrial invasive species. Members will sign up to write social media posts in future meetings. Select Arbor Day Poster Contest Theme Commissioners discussed different ideas for the theme as well as the history of the Arbor Day poster contest. The theme for this year’s poster contest will be “Trees are Terrific…in all Shapes and Sizes.” Other ideas discussed will be saved and used in subsequent years. 48 Trivia Event Planning Environmental Trivia Night details were discussed and members volunteered for specific tasks at the event on February 20, 2024, at the Chanhassen Brewery. Visitor Presentations: Resident Judy Harder asked the commission if they were interested in an outreach opportunity working with residents planting trees. The commission said they were interested and look forward to receiving more information about the program. Advertisement Posted for Openings on Environmental Commission Jamie Marsh, Environmental Resources Specialist reminded the commission that there are three positions on the Environmental Commission available. Adjournment Meeting adjourned at 8:15. 49 City Council Item March 18, 2024 Item Approve Claims Paid dated March 18, 2024 File No.Item No: D.3 Agenda Section CONSENT AGENDA Prepared By Danielle Washburn, Assistant Finance Director Reviewed By Kelly Grinnell SUGGESTED ACTION "The Chanhassen City Council Approves Claims Paid dated March 18, 2024." Motion Type Simple Majority Vote of members present Strategic Priority Financial Sustainability SUMMARY BACKGROUND DISCUSSION The following claims are submitted for review and approval on March 18, 2024: Total Claims $655,172.27 BUDGET RECOMMENDATION 50 ATTACHMENTS Payment Summary Payment Detail 51 Accounts Payable Checks by Date - Summary Vendor Name Check Date Void Checks Check Amount CENTURYLINK 03/06/2024 0.00 1,075.32 IUOE Local #49 03/06/2024 0.00 735.00 Laurie A. Hokkanen 03/06/2024 0.00 200.00 MN NCPERS LIFE INSURANCE 03/06/2024 0.00 144.00 MN VALLEY ELECTRIC COOP 03/06/2024 0.00 7,644.18 Nokomis Energy, LLC 03/06/2024 0.00 1,814.92 SUBURBAN RATE AUTHORITY 03/06/2024 0.00 1,464.00 VERIZON WIRELESS 03/06/2024 0.00 5,055.24 XCEL ENERGY INC 03/06/2024 0.00 126.61 American Family Life Assurance Company of Columbus 03/07/2024 0.00 124.80 ARAMARK Refreshment Services, LLC 03/07/2024 0.00 292.22 ASPEN MILLS 03/07/2024 0.00 1,657.68 Boarman Kroos Vogel Group Inc 03/07/2024 0.00 443,130.40 Carver County 03/07/2024 0.00 147,720.00 Cleaning Solutions Services 03/07/2024 0.00 8,147.20 Colonial Life & Accident Insurance Co 03/07/2024 0.00 189.54 COMPUTER INTEGRATION TECHN. 03/07/2024 0.00 581.00 Edina Heating & Cooling Inc 03/07/2024 0.00 340.00 EMERGENCY APPARATUS MAINT. INC 03/07/2024 0.00 183.71 FORCE AMERICA INC 03/07/2024 0.00 431.88 GRAYBAR 03/07/2024 0.00 1,039.08 HAWKINS CHEMICAL 03/07/2024 0.00 60.00 HOISINGTON KOEGLER GROUP 03/07/2024 0.00 4,932.00 Hydra Power Hydraulics Inc 03/07/2024 0.00 212.79 Innovative Office Solutions LLC 03/07/2024 0.00 66.93 Juli Al-Hilwani 03/07/2024 0.00 435.00 KAYE L BENSON 03/07/2024 0.00 560.00 KENNEDY & GRAVEN, CHARTERED 03/07/2024 0.00 232.00 KIMLEY HORN AND ASSOCIATES INC 03/07/2024 0.00 18,724.86 Lano Equipment 03/07/2024 0.00 0.00 Lori Milewski 03/07/2024 0.00 100.00 Mackenzie Bolnger 03/07/2024 0.00 100.00 Mandy Johansen 03/07/2024 0.00 100.00 METROPOLITAN FORD 03/07/2024 0.00 559.30 MOSS & BARNETT 03/07/2024 0.00 72.00 O'Reilly Automotive Inc 03/07/2024 0.00 231.76 Pitney Bowes Inc. 03/07/2024 0.00 307.08 Safe-Fast, Inc. 03/07/2024 0.00 73.80 Sr Mechanical 03/07/2024 0.00 715.00 Sun Life Financial 03/07/2024 0.00 3,795.97 Tee Jay North, Inc. 03/07/2024 0.00 1,797.00 Report Total:0.00 655,172.27 Page 1 of 1 52 AP Check Detail User: dwashburn Printed: 3/8/2024 2:56:46 PM Last Name Acct 1 Amount Check Date Description Al-Hilwani Juli 101-1539-4343 150.00 3/7/2024 Lessons 2/3 & 2//24 Al-Hilwani Juli 101-1530-4347 285.00 3/7/2024 10 pack Hebrink 435.00 3/7/2024 Al-Hilwani Juli 435.00 American Family Life Assurance Company of Columbus 101-0000-2008 124.80 3/7/2024 February premium 124.80 3/7/2024 American Family Life Assurance Company of Columbus 124.80 ARAMARK Refreshment Services, LLC 101-1120-4110 292.22 3/7/2024 Water filters coffee machines city hall 292.22 3/7/2024 ARAMARK Refreshment Services, LLC 292.22 ASPEN MILLS 101-1220-4240 353.38 3/7/2024 Bages-#190 192 & 201 ASPEN MILLS 101-1220-4240 693.50 3/7/2024 Thomas Erdmann Class A ASPEN MILLS 101-1220-4240 610.80 3/7/2024 Daisy Anderson Class A 1,657.68 3/7/2024 ASPEN MILLS 1,657.68 BENSON KAYE L 101-1539-4343 560.00 3/7/2024 Fit for Life 4241.133 AP - Check Detail (3/8/2024)Page 1 of 9 53 Last Name Acct 1 Amount Check Date Description 560.00 3/7/2024 BENSON KAYE L 560.00 Boarman Kroos Vogel Group Inc 414-4010-4300 398,817.36 3/7/2024 Chanhassen Civic Campus Boarman Kroos Vogel Group Inc 414-4011-4300 44,313.04 3/7/2024 Civic Campus Park Bldg & Site 443,130.40 3/7/2024 Boarman Kroos Vogel Group Inc 443,130.40 Bolnger Mackenzie 700-7204-4901 100.00 3/7/2024 Water Wise Program- Clothes Washer 100.00 3/7/2024 Bolnger Mackenzie 100.00 Carver County 101-1150-4501 945.00 3/7/2024 Special Assessment Entry Charge Carver County 601-6303-4801 145,000.00 3/7/2024 JPA- CSAH 18 Reconstruction (TH41-Galpin Blvd) Carver County 101-1210-4300 250.00 3/7/2024 Background Investigation for Chanhassen Booster Club-Gambling Carver County 101-1210-4300 250.00 3/7/2024 Background Investigation for Life time Pickleball-Liquor Carver County 700-1160-4326 650.00 3/7/2024 Carver Fiber Service - Utilities - March Carver County 101-1160-4326 625.00 3/7/2024 CarverLink Fiber & Internet CH FD1 FD2 PW 147,720.00 3/7/2024 Carver County 147,720.00 CENTURYLINK 101-1550-4310 30.84 3/6/2024 Telephone & Communication Charges CENTURYLINK 700-0000-4310 6.17 3/6/2024 Telephone & Communication Charges CENTURYLINK 101-1170-4310 826.19 3/6/2024 Telephone & Communication Charges CENTURYLINK 101-1350-4310 30.84 3/6/2024 Telephone & Communication Charges CENTURYLINK 101-1160-4325 125.77 3/6/2024 Telephone & Communication Charges CENTURYLINK 101-1120-4310 49.34 3/6/2024 Telephone & Communication Charges CENTURYLINK 701-0000-4310 6.17 3/6/2024 Telephone & Communication Charges 1,075.32 3/6/2024 AP - Check Detail (3/8/2024)Page 2 of 9 54 Last Name Acct 1 Amount Check Date Description CENTURYLINK 1,075.32 Cleaning Solutions Services 701-0000-4511 64.27 3/7/2024 Cleaning Solutions-February 2024 Cleaning Solutions Services 700-0000-4511 64.27 3/7/2024 Cleaning Solutions-February 2024 Cleaning Solutions Services 101-1220-4511 257.09 3/7/2024 Cleaning Services-February 2024 Cleaning Solutions Services 101-1170-4511 3,198.15 3/7/2024 Cleaning services-February Cleaning Solutions Services 101-1190-4511 4,049.23 3/7/2024 Cleaning solutions-February 2024 Cleaning Solutions Services 101-1312-4511 514.19 3/7/2024 Cleaning Solutions-February 2024 8,147.20 3/7/2024 Cleaning Solutions Services 8,147.20 Colonial Life & Accident Insurance Co 700-0000-2008 106.50 3/7/2024 February premium Colonial Life & Accident Insurance Co 101-0000-2008 37.20 3/7/2024 February premium Colonial Life & Accident Insurance Co 701-0000-2008 45.84 3/7/2024 February premium 189.54 3/7/2024 Colonial Life & Accident Insurance Co 189.54 COMPUTER INTEGRATION TECHN.101-1160-4211 475.80 3/7/2024 Office365 Backup Service - Mar COMPUTER INTEGRATION TECHN.101-1160-4211 105.20 3/7/2024 Office365 Add On Licenses - Feb 581.00 3/7/2024 COMPUTER INTEGRATION TECHN. 581.00 Edina Heating & Cooling Inc 700-0000-4510 340.00 3/7/2024 mini split repair 340.00 3/7/2024 Edina Heating & Cooling Inc 340.00 EMERGENCY APPARATUS MAINT. INC 101-1220-4120 183.71 3/7/2024 gauges 183.71 3/7/2024 AP - Check Detail (3/8/2024)Page 3 of 9 55 Last Name Acct 1 Amount Check Date Description EMERGENCY APPARATUS MAINT. INC 183.71 FORCE AMERICA INC 101-1320-4120 431.88 3/7/2024 plow control 431.88 3/7/2024 FORCE AMERICA INC 431.88 GRAYBAR 101-1350-4120 1,039.08 3/7/2024 LED street light 1,039.08 3/7/2024 GRAYBAR 1,039.08 HAWKINS CHEMICAL 700-7043-4160 60.00 3/7/2024 1 ton chlorine cylinder 60.00 3/7/2024 HAWKINS CHEMICAL 60.00 HOISINGTON KOEGLER GROUP 410-4410-4300 4,932.00 3/7/2024 Lake Ann Park Preserve 4,932.00 3/7/2024 HOISINGTON KOEGLER GROUP 4,932.00 Hokkanen Laurie A.101-1420-4370 25.00 3/6/2024 Annual State of the City - Maass Hokkanen Laurie A.101-1110-4370 100.00 3/6/2024 Annual State of the City-Kimber Schubert McDonald VonOven Hokkanen Laurie A.101-1125-4370 25.00 3/6/2024 Annual State of the City - Lyksett Hokkanen Laurie A.101-1120-4370 25.00 3/6/2024 Annual State of the City - Hokkanen Hokkanen Laurie A.101-1123-4370 25.00 3/6/2024 Annual State of the City - DiMaggio 200.00 3/6/2024 Hokkanen Laurie A. 200.00 Hydra Power Hydraulics Inc 101-1550-4120 212.79 3/7/2024 seal kits AP - Check Detail (3/8/2024)Page 4 of 9 56 Last Name Acct 1 Amount Check Date Description 212.79 3/7/2024 Hydra Power Hydraulics Inc 212.79 Innovative Office Solutions LLC 101-1120-4110 66.93 3/7/2024 post its pens highlighters 66.93 3/7/2024 Innovative Office Solutions LLC 66.93 IUOE Local #49 701-0000-2004 106.97 3/6/2024 Union dues-March 2024 IUOE Local #49 101-0000-2004 455.00 3/6/2024 Union dues-March 2024 IUOE Local #49 700-0000-2004 173.03 3/6/2024 Union dues-March 2024 735.00 3/6/2024 IUOE Local #49 735.00 Johansen Mandy 700-7204-4901 100.00 3/7/2024 Water Wise Rebate- Clothes Washer 100.00 3/7/2024 Johansen Mandy 100.00 KENNEDY & GRAVEN, CHARTERED 101-0000-2076 232.00 3/7/2024 Roers Project 232.00 3/7/2024 KENNEDY & GRAVEN, CHARTERED 232.00 KIMLEY HORN AND ASSOCIATES INC 601-6057-4303 18,724.86 3/7/2024 #25-02 -Market Blvd 18,724.86 3/7/2024 KIMLEY HORN AND ASSOCIATES INC 18,724.86 AP - Check Detail (3/8/2024)Page 5 of 9 57 Last Name Acct 1 Amount Check Date Description Lano Equipment 720-7207-4410 2,800.00 3/7/2024 rental mower for storm water ponds Lano Equipment 720-7207-4410 -2,800.00 3/7/2024 rental mower for storm water ponds 0.00 3/7/2024 Lano Equipment 0.00 METROPOLITAN FORD 700-0000-4140 559.30 3/7/2024 ecm module 559.30 3/7/2024 METROPOLITAN FORD 559.30 Milewski Lori 700-7204-4901 100.00 3/7/2024 Water Wise Rebate- Clothes Washer 100.00 3/7/2024 Milewski Lori 100.00 MN NCPERS LIFE INSURANCE 101-0000-2037 144.00 3/6/2024 Life Insurance-March 144.00 3/6/2024 MN NCPERS LIFE INSURANCE 144.00 MN VALLEY ELECTRIC COOP 101-1350-4320 42.96 3/6/2024 Electric Charges MN VALLEY ELECTRIC COOP 701-0000-4320 620.93 3/6/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1600-4320 276.53 3/6/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 44.17 3/6/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 6,111.19 3/6/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 108.33 3/6/2024 Electric Charges MN VALLEY ELECTRIC COOP 101-1350-4320 264.64 3/6/2024 Electric Charges MN VALLEY ELECTRIC COOP 700-0000-4320 175.43 3/6/2024 Electric Charges 7,644.18 3/6/2024 MN VALLEY ELECTRIC COOP 7,644.18 AP - Check Detail (3/8/2024)Page 6 of 9 58 Last Name Acct 1 Amount Check Date Description MOSS & BARNETT 210-0000-4300 72.00 3/7/2024 Professional Services 72.00 3/7/2024 MOSS & BARNETT 72.00 Nokomis Energy, LLC 700-0000-4320 23.49 3/6/2024 Electric Charges Nokomis Energy, LLC 701-0000-4320 23.49 3/6/2024 Electric Charges Nokomis Energy, LLC 700-7043-4320 1,580.00 3/6/2024 Electric Charges Nokomis Energy, LLC 101-1312-4320 187.94 3/6/2024 Electric Charges 1,814.92 3/6/2024 Nokomis Energy, LLC 1,814.92 O'Reilly Automotive Inc 700-0000-4140 85.26 3/7/2024 New MAF O'Reilly Automotive Inc 101-1370-4260 26.45 3/7/2024 Neck Light O'Reilly Automotive Inc 101-1320-4120 18.61 3/7/2024 64oz Protect - Armorall O'Reilly Automotive Inc 101-1320-4140 23.46 3/7/2024 GRP 31 Nut O'Reilly Automotive Inc 101-1220-4140 17.60 3/7/2024 Adhesive O'Reilly Automotive Inc 101-1320-4120 60.38 3/7/2024 Air Filter 231.76 3/7/2024 O'Reilly Automotive Inc 231.76 Pitney Bowes Inc.101-1120-4110 307.08 3/7/2024 Mail supplies- ink and tape rolls 307.08 3/7/2024 Pitney Bowes Inc. 307.08 Safe-Fast, Inc.101-1320-4240 73.80 3/7/2024 safety glasses 73.80 3/7/2024 Safe-Fast, Inc. 73.80 AP - Check Detail (3/8/2024)Page 7 of 9 59 Last Name Acct 1 Amount Check Date Description Sr Mechanical 101-1220-4510 715.00 3/7/2024 Repairs to Carrier roof top unit 715.00 3/7/2024 Sr Mechanical 715.00 SUBURBAN RATE AUTHORITY 101-1310-4360 1,464.00 3/6/2024 Suburban Rate Authority dues 1,464.00 3/6/2024 SUBURBAN RATE AUTHORITY 1,464.00 Sun Life Financial 720-0000-2011 19.34 3/7/2024 Life Insurance- March 2024 Sun Life Financial 720-0000-2015 38.26 3/7/2024 LTD March 2024 Sun Life Financial 701-0000-2015 61.98 3/7/2024 LTD March 2024 Sun Life Financial 700-0000-2037 108.28 3/7/2024 Life Insurance- March 2024 Sun Life Financial 700-0000-2015 96.07 3/7/2024 LTD March 2024 Sun Life Financial 101-0000-2011 669.77 3/7/2024 Life Insurance- March 2024 Sun Life Financial 700-0000-2011 48.56 3/7/2024 Life Insurance- March 2024 Sun Life Financial 101-0000-2037 1,172.54 3/7/2024 Life Insurance- March 2024 Sun Life Financial 101-0000-2011 119.74 3/7/2024 Life Insurance- March 2024 Sun Life Financial 101-0000-2015 1,321.85 3/7/2024 LTD March 2024 Sun Life Financial 701-0000-2011 31.31 3/7/2024 Life Insurance- March 2024 Sun Life Financial 701-0000-2037 108.27 3/7/2024 Life Insurance- March 2024 3,795.97 3/7/2024 Sun Life Financial 3,795.97 Tee Jay North, Inc.101-1190-4510 1,797.00 3/7/2024 replace control unit entry door 1,797.00 3/7/2024 Tee Jay North, Inc. 1,797.00 VERIZON WIRELESS 101-1125-4310 41.24 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1370-4310 89.52 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1530-4310 41.24 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 700-0000-4310 125.10 3/6/2024 Telephone & Communication Charges AP - Check Detail (3/8/2024)Page 8 of 9 60 Last Name Acct 1 Amount Check Date Description VERIZON WIRELESS 101-1312-4310 128.72 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 720-0000-4310 387.30 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 701-0000-4310 459.24 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 701-0000-4310 125.10 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1170-4310 46.24 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 700-0000-4310 636.31 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1550-4310 491.28 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1250-4310 409.66 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1160-4310 138.72 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1420-4310 164.95 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1540-4310 40.01 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1310-4310 178.73 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1120-4310 157.50 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1110-4310 40.01 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1320-4310 296.67 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1520-4310 52.01 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1600-4310 249.42 3/6/2024 Telephone & Communication Charges VERIZON WIRELESS 101-1220-4310 756.27 3/6/2024 Telephone & Communication Charges 5,055.24 3/6/2024 VERIZON WIRELESS 5,055.24 XCEL ENERGY INC 101-1350-4320 1.95 3/6/2024 Electric Charges XCEL ENERGY INC 101-1600-4320 16.07 3/6/2024 Electric Charges XCEL ENERGY INC 700-0000-4320 17.11 3/6/2024 Electric Charges XCEL ENERGY INC 101-1600-4320 91.48 3/6/2024 Electric Charges 126.61 3/6/2024 XCEL ENERGY INC 126.61 655,172.27 AP - Check Detail (3/8/2024)Page 9 of 9 61 City Council Item March 18, 2024 Item Award Contract for 2024 Pothole Patching to Northwest Asphalt, Inc. File No.N/A Item No: D.4 Agenda Section CONSENT AGENDA Prepared By Alison Albrecht, Public Works Support Specialist Reviewed By Charlie Burke SUGGESTED ACTION "The Chanhassen City Council approves a Not-To-Exceed Contract of $55,000 to Northwest Asphalt, Inc. for 2024 pothole patching." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Every year, the city must perform pothole patching on our bituminous streets as a maintenance activity to provide a level of service expected by our citizens and other traveling public. The amount of patching work is directly proportional to the Overall Condition Index (OCI) of our street network. BACKGROUND N/A DISCUSSION The use of a contractor to supplement the city's self-performed pothole patching work was begun in 2020, with great cost-effectiveness and timeliness of completion. Northwest Asphalt was the contractor we utilized previously and they performed the services to our satisfaction. 62 BUDGET The budget for 2024 contracted pothole patching is $55,000, and the contract is set as a Not-To-Exceed (NTE) amount. The work shown on the attached map is expected to be completed within that budget. The Streets Division of the Public Works Department solicited quotes for a daily rate for performing pothole patching based on completing repairs on the streets shown on the attached map. Three (3) quotes were returned, as summarized below. Northwest Asphalt was the low quote. Contractor Quote Northwest Asphalt, Inc.$873.50/Hour + $119.00/Ton of Mix GMH Asphalt Corporation $1,036.75/Hour + $77.00/Ton of Mix Bituminous Roadways, Inc.$972.50/Hour + $117.00/Ton of Mix RECOMMENDATION Staff recommends awarding the 2024 pothole patching contract to Northwest Asphalt, Inc. ATTACHMENTS Contract-2024 Pothole Patching-Chanhassen NW Asphalt Quotes Pothole Patching Map 63 Contract-2024 Pothole Patching-Chanhassen_NW Asphalt.DOCX 1 NON-BID CONTRACT FOR PURCHASE OF GOODS AND SERVICES FOR 2024 POTHOLE PATCHING AGREEMENT made this 18th day of March, 2024, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and NORTHWEST ASPHALT, INC., a Minnesota Corporation ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Quotes, dated February 22, 2024. C. Contractor’s Quote dated March 8, 2024. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. CONTRACTOR OBLIGATIONS. The Contractor shall provide the goods, services and perform the work in accordance with the Contract Documents (“Work”). Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the Contract Documents. 3. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 64 Contract-2024 Pothole Patching-Chanhassen_NW Asphalt.DOCX 2 4. COMPENSATION. Contractor shall be paid by the City for the goods and services described in Paragraph 2 in accordance with the Quote, but not to exceed $55,000.00 which is inclusive of reimbursable expenses. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 5. COMPLETION DATE. The Contractor shall complete the Work on or before July 31, 2024. 6. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Contractor warrants that only new unused materials will be used. The Contractor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty provided by law. 7. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 8. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the Quote provided or negotiated between the parties based on similar work provided in the Proposal. 9. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Compensation or an extension of the Contract. 10. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. This contract may be terminated by the City at any time upon discovery by the City that the Contractor or any of its subcontractors has submitted a false 65 Contract-2024 Pothole Patching-Chanhassen_NW Asphalt.DOCX 3 statement under oath verifying compliance with any of the minimum criteria set forth in Minn. Stat. §16C.285, Subdivision 3, the Responsible Contractor statute. 12. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 13. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 14. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee 66 Contract-2024 Pothole Patching-Chanhassen_NW Asphalt.DOCX 4 $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 15. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 16. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 17. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties 67 Contract-2024 Pothole Patching-Chanhassen_NW Asphalt.DOCX 5 relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 21. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 22. RECORDS/AUDIT. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of City and Contractor relevant to the Agreement are subject to examination by City and Contactor, and either the Legislative Auditor or the State Auditor as appropriate. City and Contractor agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 23. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 24. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for goods and services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in this Agreement. 68 Contract-2024 Pothole Patching-Chanhassen_NW Asphalt.DOCX 6 Dated:__________________, 2024 CITY OF CHANHASSEN By: Elise Ryan, Mayor And: Laurie Hokkanen, City Manager Dated:__________________, 2024 NORTHWEST ASPHALT, INC. By: Print Name:_________________________________ Its:________________________________________ 69 70 71 72 73 City Council Item March 18, 2024 Item Resolution 2024-XX: Mediacom Cable Television Franchise - Extension to August 26, 2024 File No.Item No: D.5 Agenda Section CONSENT AGENDA Prepared By Matt Unmacht, Assistant City Manager Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution to extend the cable television franchise with Mediacom through August 26, 2024." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY On December 9, 2013, the Chanhassen City Council granted a Cable Television Franchise to Mediacom for 10 years. This Franchise was set to expire on December 23, 2023. Over the past year and a half, the city and Mediacom have been discussing renewing the franchise. In December 2023, the city and Mediacom agreed to extend the term of the Franchise for approximately three months to provide additional time to allow the parties to complete the franchise renewal negotiations. After further negotiations, the city and Mediacom have agreed that another extension is necessary to continue negotiations. The city and Mediacom have agreed to extend the current Franchise for five months. It is in the public interest to extend the current Franchise for an additional period so that cable service to the public is not interrupted. The attached resolution would grant a franchise extension allowing additional time to complete franchise renewal negotiations. The resolution was prepared by Brian 74 Grogan of Moss & Barnett, the city's outside legal counsel regarding the cable franchise renewal process with Mediacom. BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Resolution 75 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 18, 2024 RESOLUTION NO:2024-XX MOTION BY: SECONDED BY: RESOLUTION GRANTING MEDIACOM MINNESOTA LLC A FRANCHISE EXTENSION THROUGH AUGUST 26, 2024 WHEREAS, Mediacom Minnesota LLC (“Mediacom”) currently holds a cable television franchise granted by the City of Chanhassen, Minnesota (“City”) by Ordinance No. 590 (“Franchise”); and WHEREAS, Mediacom has requested renewal of the Franchise; and WHEREAS, the initial term of the Franchise expired on or about December 23, 2023; and WHEREAS, the City adopted Resolution No. 2023-92 on December 11, 2023, extending the term of the Franchise until April 8, 2024; and WHEREAS, Mediacom executed said Resolution No. 2023-92 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, both the City and Mediacom desire to reserve all of their respective rights under state and federal law regarding the franchise renewal process, specifically all rights provided by 47 U.S.C. § 546. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Chanhassen City Council: Section 1. The Franchise is hereby amended by extending the term of the Franchise from April 9, 2024, through the date on which Mediacom’s Franchise is renewed or until and including August 26, 2024, whichever shall first occur. Section 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. Section 3. The City and Mediacom hereby agree that neither waives any rights either may have under the Franchise or applicable law. BE IT FURTHER RESOLVED that this Resolution shall be effective upon the occurrence of both of the following conditions: (1) the Resolution being passed and adopted by the Chanhassen City Council, and (2) Mediacom’s acceptance of this Resolution. 76 2 PASSED AND ADOPTED by the Chanhassen City Council on this 18th day of March 2024. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 77 3 ACCEPTANCE AND AGREEMENT Mediacom Minnesota LLC hereby accepts this Resolution No. (“Resolution”) and hereby accepts the terms, provisions, and recitals of the Resolution and agrees to be bound by the Franchise by the Resolution. DATED:MEDIACOM MINNESOTA LLC By: Title: 78 City Council Item March 18, 2024 Item Appointment to the Environmental Commission File No.Item No: D.6 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council appoints Sidney Lindmark to the Environmental Commission for a three-year term ending March 31, 2027." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND Sidney Lindmark applied for the Commission on Aging. He did not list a second choice on his application. The City Council did not appoint Mr. Lindmark to the Commission on Aging but asked if he would instead join the Environmental Commission. Mr. Lindmark agreed to join the Environmental Commission. DISCUSSION BUDGET 79 RECOMMENDATION The Chanhassen City Council appoints Sidney Lindmark to the Environmental Commission for a three- year term ending March 31, 2027. ATTACHMENTS 80 City Council Item March 18, 2024 Item February 2024 Communications Report File No.Item No: J.1 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Arianna Lyksett, Communications Manager Reviewed By Matt Unmacht SUGGESTED ACTION None Motion Type N/A Strategic Priority Communications SUMMARY Attached is the February 2024 Communications Report with monthly data about the city's social media accounts, govDelivery email and newsletter report, and website update. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 81 ATTACHMENTS Monthly Communications Report February 2024 82 MONTHLY COMMUNICATIONS UPDATE February 2024 EXECUTIVE SUMMARY February was a productive month for the communications team. Here is a snapshot of the campaigns we created and supported. STRATEGIC + COORDINATED MESSAGING • Commission applications for new members • Recreation Center Programming • Senior Center Programming • Parks & Recreation Sponsorship Programming • February Festival • Sweetheart Dance • Kids’ Night Out • #WaterWise Rebate • Environmental Trivia Night • Recycling Exists - Carver County • Monthly Recalls - Fire Department Safety • Employment & Join our Team • Spring Connection • Heart of Chanhassen Photo Contest • Chan-Happenings (weekly email + promotion) • Message from the Mayor • Road Project Email Updates • Chanhassen Cinema & Hotel Redevelopment • Downtown Chanhassen Design Guidelines • Lake Ann Park Preserve • Voting in the Primary Presidential Nomination WEBSITE ACCOMPLISHMENTS • Updated various department online forms throughout the website. • Created and updated the Lake Ann Park Preserve project webpage. • Updating content to plain language. • Flagged pages with old or out-of-date content and scheduled maintenance. 83 SOCIAL MEDIA ANALYSIS 2 BEST PERFORMING POST ENGAGEMENT IMPRESSIONS AUDIENCE GROWTH Government Facebook Page +25 (7,167 current follows) Parks Facebook Page +3 (1,611 current follows) Instagram Page +12 (1,305 current followers) X +5 (3,569 current followers) Government Facebook Page 4.55% (18% decrease from January) Parks Facebook Page 1.73% (47% decrease from January) Instagram Page 1.78% (6.5% increase from January) X 2.25% (16% decrease from January) Government Facebook Page 42,231 (31% increase from January) Parks Facebook Page 2,913 (19,993 impressions in January) Instagram Page 5,101 (43% decrease from January) X 10,478 (36% decrease from January) 84 SOCIAL MEDIA ANALYSIS 3 GOVERNMENT FACEBOOK PAGE POST COMMENTS > POST TYPE X KEY INTERACTIONS INSTAGRAM POST COMMENTS > POST TYPE 85 GOVDELIVERY ANALYSIS 4 SOURCE OF SUBSCRIPTIONS ENGAGEMENT TOPIC ACVTIVITY Popular Topics Among Subscribers 1. Special Events 2. Chan-Happenings 3. Emergency Alerts Topics with Most Bulletins Sent • Senior Center Programming • City Council • Chan-Happenings • 2023 City Pavement Rehab Project SUBSCRIBER GROWTH 86 WEBSITE HIGHLIGHTS 5 SESSION BY CHANNEL TOP FIVE VISTED WEBPAGES ENGAGEMENT VIEWS 39,045 (15% decrease) AVERAGE ENGAGEMENT TIME 1 Minute 08 Seconds AVERAGE ENGAGEMENT TIME PER SESSION 43 Seconds USER PROFILE USERS 12,554 NEW USERS 11,201 NEW USER CHANNEL GROWTH Organic Search - 12,227 Direct - 4,206 Email - 2,503 February 1. Parks & Recreation 2. Recreation Center 3. Search 4. Agenda, Minutes, & Videos 5. Chanhassen Cinema & Hotel Redevelopment January Recap • Home Page • Recreation Center • Parks & Recreation 87 SOCIAL MEDIA INDEX Facebook Impressions: The number of times your post was on the screen. Reach: The number of people who saw any of your posts at least once. Reach is different from impressions, which may include multiple views of your posts by the same people. This metric is estimated. Engagement: The number of times people engaged with your post through reactions, comments, shares, views, and clicks. Clicks: The number of clicks on links within posts that led to destinations or experiences, on or off Facebook. Comments: The number of comments on your post. Shares: The number of shares of your post. Reactions: The number of reactions on your post. The reactions button on a post allows Accounts Center accounts to share different reactions to its content: Like, Love, Haha, Wow, Sad, or Angry. X Impressions: Times this Tweet was seen on Twitter. Engagement: Total number of times a user has interacted with a Tweet. This includes all clicks anywhere on the Tweet (including hashtags, links, avatar, username, and Tweet expansion), retweets, replies, follows, and likes. Detail Expands: Times people viewed the details about this Tweet. Clicks: Number of clicks on any URL in this Tweet Comments: The number of comments on your post. Retweet: The number of people who shared your post. Instagram Post Reach: This metric counts reach from the organic or paid distribution of your post, including if it was boosted. Reach is only counted once if it occurs from both organic and paid distribution. This metric is estimated. Comments: The number of comments on your post. Shares: The number of shares of your post. Likes: The number of people who liked your post. GOVDELIVERY INDEX Recipients: The number of people who received your newsletter. Delivered: The number of people who received your email. INDEX 6 88 INDEX 6 Pending: Subscribers who still need to confirm their subscription to our newsletter. Bounced: An email that couldn’t be delivered. Specifically, it’s a delivery failure related to server or spam issues, whether permanent or temporary. We use this metric to express a percentage of subscribers who didn’t receive your message. Open Rate: A marketing metric that measures the percentage rate at which emails are opened. Click Rate: The percentage of people who click on a link or image within an email. We use the email click rate to measure an email’s immediate successful response rate but not the overall success. Unsubscribed: Subscribers that no longer want to receive your newsletter. They clicked the unsubscribe link in the footer of your newsletter. Total Opens: Calculated by tracking the number of times an email is opened. Unique Opens: Represents the number of individual people who opened your email. If you sent your email to 10 people, and only five opened it, your unique opens would be five. Unique Clicks: The total number of subscribers that have clicked on any link in your newsletter. It does not count how often each subscriber has clicked on a link. Even if a subscriber clicks on the link twice, it will be counted only once. Number of Links: The number of links you have in your newsletter. WEBSITE INDEX Pageviews: Pageviews is the total number of pages viewed. Repeated views of a single page are counted. Unique Pageviews: Unique Pageviews are the number of sessions during which the specified page was viewed at least once. A unique pageview is counted for each page URL + page title combination. Average Time: The average amount of time users spent viewing a specified page or screen, or set of pages or screens. Average Engagement Time: Average engagement time per active user for the time period selected. Average Engagement Time Per Session: The average time that your website was in focus in a user’s browser or an app was in the foreground of a user’s device. Users: Unique visitors to your site. New Users: The number of people who have never visited your site or app before. New User Channel Growth: The channel by which the user was first acquired. Traffic sources are categorized into channels based on the rule-based definitions in the default channel group. 89