CC Packet 2009 12 07A G E NDA
C H AN H A SS E N C I T Y C O UNC I L
M O NDAY , D E C E M B E R 7 , 2009
C H AN H A SS E N M UN I C I P A L B U I L D I N G , 7700 M AR K ET B O U LE VARD
5 :00 P .M . - E X E CU T I V E W O R K S E SS I O N , F O UN T A I N C O N F E R E NC E R OO M
C i t y M a n a g e r ’s P e r f o r m a n ce R e v i e w (n o e n c l o s u r e s ).
5 :30 P .M . – W O R K S E SS I O N , F O UN T A I N C O N F E R E NC E R OO M
1 . I n t e r v i e w A pp li ca n t s f o r t h e S o u t h W e s t T r a n s i t C o mmi ss i o n :
a . 5 :30 p .m . – N e il A n d e r s o n (i n c u m b e n t )
b . 5 :45 p .m . – J o d y C o lli s K i n g
c . 6 :00 p .m . – B r e t B o r t h
d . 6 :15 p .m . – S t e p h e n W i n t h r ow
7 :00 P .M . – S P E C I A L M EET I N G , C I T Y C O UNC I L C H A M B E R S
2 . P u b li c M ee t i n g o n t h e P r o p o s e d 2010 B udg e t .
3 . C h a nh a ss e n T r a n s i t S t a t i o n : C o n s i d e r A pp r o v a l o f C oo p e r a t i v e A g r ee m e n t w i t h
S o u t h W e s t T r a n s i t .
4 . A nn o u n ce R e s u l t s o f t h e C i t y M a n a g e r ’s P e r f o r m a n ce R e v i e w .
AD J O URN M E NT
M em b e r s o f t h e C it y C o u n c il a nd s o me s t a ff mem b e r s m a y g a t h e r a t H o u li h a n ’s R e s t a u r a n t & B a r , 530 P ond P r o me n a d e i n C h a nh a ss e n i mme d i a t e l y
a f t e r t h e mee ti ng f o r a p u r e l y s o c i a l e v e n t. A ll mem b e r s o f t h e p u b li c a r e w e l c o me .
1
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
i
TO Todd Gerhardt City Manager
Laurie Hokkanen Assistant City Manager ft FROM
DATE December 2 2009 o
SW Transit Commission Interviews SUBJ
BACKGROUND
During Monday night s work session we will interview 4 applicants for the SW Transit
Commission The Commission is comprised of seven people charged with the oversight
of SW Transit The City of Chanhassen appoints two representatives one elected
official and one citizen
The term is a 3 year appointment from January 2010 to December 2012
5 30 pm Neil Anderson incumbent
5 45 pm Jody Collis King
6 00 pm Bret Borth
6 15 pm Stephen Withrow
ATTACHMENTS
1 Applications 4
G Admin LH SW Metro SW Commission Appointment 2010 Interviews docx
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 2
OCT 22 2009 THU 09 09 AM SECURITY BANK CHASKA FAX NO 9524487608 1 i l
J IV
P 01
APPLICATION FOR CHANHASSEN CITY COMMISSION Date 20 Oet 2009
COMMISSION DESIRED South West Transit ALTERNATE NA
City of Chanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317
Name Neil Anderson
Address 429 Summerfield Drive Chanhassen MN 55317
Home Phone 952 496 0167 Work Phone 952 448 7621 Cell Phone 952 994 3669
EmaH neanderson@mchg com No of Years in Chanhassen 7
Highest Level of Education Attained Plus Dearees if any
BA UofM Graduate School of Bonking MBA Candidate Special Military Training
Employment History State Dosltlon emplover and brief description of duties
Security Bank Choska President 8 Commerciollender 2002 to Present
Bremer Bank Eden Prairie Commercial Lender 2000 to 2002
Riverside Bank Bloomington Commercial lender 1998 to 2000
Activities and Affiliations Include elec tlve offlceli honors and reeoanltlons received If any
Minnesota Bonkers Association MBA
Graduate School of Banking Alumni
Council
Former Planning Commissioner City of
Shorewood
Decorated Military Officer and Veteran
Board of Directors Southwest Metro Chamber
Commissioner Southwest Transit
American Legion
Rotary International
Former Board of Directors UofM Credit Union
Reasons for Seeklna ttlls Position
Feel that I can give bock to my community through continued service on the SWT
Commission
Specific Qualifications for the Position
Have been a commission member for @ the last 3 years and have come to develop a
deep understanding f aniz the challenges it faces in the current
transit commu
SIGNATURE
3
5 5 PYv
APPLICATION FORCHANHASSEN CITY COMMISSION Date 10 20 2009
COMMISSION DESIRED SouthWest Transit Commission ALTERNATE None
City ofChanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317
Name Jody A Collis King
Address 767 Carver Beach Rd Chanhassen MN 55317
Home Phone 952 470 5456 Work Phone 612 973 2441 Cell Phone 612 718 8711
Email jcollisking@msn com No of Years in Chanhassen 5
Highest Level of Education Attained Plus Degrees if any MBA MIS Concentration
University of Minnesota BS Finance University of Wyoming
Employment History State position employer and brief description of duties
Sr IT Audit Manager U S Bank in Minneapolis 2005 Present Built internal IT audit
team currently interview and hire staff meet with executive management direct IT audit
teams in completing audits manage time staffing and expense budgets for my team
ITAudit Manager Pentair 2004 2005 Built and managed internal IT audit team created
IT audit programs for general computer controls and SOX compliance conducted and
managed worldwide IT audits with my staff
IT Technical Consultant Sr Auditor Wells Fargo 1996 2004 Lead IT audits and
managed teams created technical training for non technical auditors and presented in
training sessions
IT Auditor Federal Reserve Bank of Minneapolis 1994 1996 LAN Administrator and
lead internal IT audits
Activities and Affiliations Include elective offices honors and recognitions received if any
Habitat for Humanity 1996 Present Volunteer Administrative Project Manager for 1996
EPGC whole house project in E P and for a 2005 work camp in Chaska
Eden Prairie Common Ground EPCG social justice non profit 1996 Present Treasurer
Secretary
Eden Prairie Community Band 1996 Present President President Elect Past President
St Andrew Church Eden Prairie Chaska Strategic Planning Committee Member
Church Council Member Secretary and General Volunteer
V olleyball Partaking in community education classes and open gym
Wells Fargo Service Excellence Award Recipient
Wells Fargo Volunteer Service Award Honorable Mention
Reasons for Seeking this Position
I have been a long time resident of the SouthWest Metro Transit area a daily user of SW
Metro Transit s bus service for nearly 15 years and carpooled one year prior to my bus
use so I have a keen interest in transit in the SW Metro area As Chanhassen continues to
develop I think it is important to ensure we have quality transit options available that meet
the needs of our community and I would like to be a part of that process Due to a
changing schedule I often drive to Eden Prairie and take the bus from SW Station due to
the more limited bus options in Chanhassen I would like to see if I can influence additions
to the Chanhassen transit options to benefit Chanhassen riders
4
Specific Qualificationsfor the Position I have been longtime transit user and have
experienced the growth an expansion of the SW Metro Transit system over the past 15
years As a Chanhassen resident who works in downtown Minneapolis I understand the
needs of regular commuters to and from our city As a long time IT auditor and manager I
have had the opportunity to hone my data gathering analytical and interpersonal skills
which would all be useful for this position as a representative of our community I am able
to work well with diverse groups of people to identify opportunities and corresponding
resolutions while using a risk based approach to achieve positive outcomes
A C
81 A U
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Q
APPQCATION FOR CHANHASSEN CITY COMMISSION
0 r5 fi tOtf tISSION DESIRED S W rr J1r jJ c VV V Y 1
ALTERNATE
N Z
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A ess
I Icf C O J Date
City ofChanhassen 7700 Market Boulevard P O Box 147 Chanhassen MN 55317
Bre Bc rJ h
231 L A 12 l V B JvJ
HomePhone 03 97fo1WorkPhone 952 r 5 2 13 CeIIPhone t 2 3 0 075 5
Email Bt3c @ 1h J n yz 2 1J No of Years in Chanhassen
Highest Level of Education Attained Plus Degrees if any t SS
Employment History State position employer and brief description of duties f1 Y J e I Yt 7 h c r
I3ro uV Thkr J et Yl n 1 Y1 k 6 1r J tr c e s J1e
Cl n s Ct l lcA c Yho eJ y t Jc rcL S r 1 h S f Y r tr Jr7 ShipS w c c
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c hcA we b s J t otc Activities and Affiliations Include elective offices honors and recognitions received if any Vc Y 7 L h h
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p G C h Vo Iv n f Y h ot tY h CAli h fu Jre ti k U GnA 1 60r1 v C L cnS 6 dlv s J 1 c o h yi JtPt f
c VlA n SJ v If rt 1 r L KJL
Reasons for Seeking this Position t 6 0 r J 7 s c nS e J p r JY A h 1
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Yv 1 I Y lS k eN F VJ a S y Y c l
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Oct 30 2009 3 54PM 2 17 0 q od 19 f t1 a P 2
APPUCATION FOR CHANllASSEN CITY COMMISSION Date 10 30 J 0
COMMISSION DESIRED Tfl IoJS IT ALTERNATE
City ofChanhassen 7700 Market Boukvar P O Box 147 Chanhassen JHN 55317
f E J 14 Wl7TfeOUJ Name
Address b LU EU rY Dra CI ANHASS E9 J
Home Phone Cf 1 10 9 OTk Phone 1 tt7 3 I t 7 Cell Phone p I J S99 93 3
Email cmA I L 76 Y l IoQ COH1 No o Years in Chanhassen 0
Highest Level of EdUClltion Att ained Plus Degrees if any J o1 Cc UX 6 t
Employment KlStory State positio employer and brief descriptibn of duties
GGU o IlIRlI @II7l0AJ l t V po S t3 s q mi hV
V S Fu W c C Pne A rc PAY SYS72 wJ 1 YeS I M
Ac1ivitks and AfflliaJions Include elective offll eS hono7 and recognitions received if any
It JJ2 P An V 6EieuIAJc l JIIJ 7Mr 1fU 0 Tf t i C A c f7K c nJII17V
CI h4P lZ1e 0 r AfrIE7etCAlll Z 2 j C2DtCS 5 y
ReasonsforSeekingthisPosltWn J 4 C v c JII Vi Gj CI7 i GiiV
d A n1 A 71A1G s7bm C slA J7ii J4AjsIT
AA 411tf t o l NtJ6 L O Po A I r s 7 l
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Specific QuaJifr lltU 11sfor the PositioJJ T Affl T btsC IJ1 A 471 t 6 CDtlsV
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4
SIGNATURE
7
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
MEMORANDUM
TO Mayor City Council
FROM
DATE
SUBJ
Todd Gerhardt City Manager
December 2 2009 oW
2010 Public Budget Meeting
Attached is staff s PowerPoint presentation regarding the proposed 2010
Budget As presented this proposed budget is 10 213 190 which is 1 38
higher than the 2009 Budget 10 074 565 This increase captures the new
growth 131 625 that has occurred in the community for taxes payable in
2010
Also attached is a summary of the proposed 2010 Budgeted Revenues and
Expenditures Copies of this information will be available for the public on
Monday night
ATTACHMENTS
1
2
PowerPoint Presentation
Summary of 2010 Budget Proposed Revenues Expenditures
g admin tg 2010 budget memo 12 7 09 doc
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 8
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19
CITY OF CHANHASSEN DECEMBER
TAX LEVY
2010 Budget
2009 2010 Percent
TAX CAPACITY BASED TAX LEVY Levy Levy Increase
General Fund 7 173 500 7 380 000 2 88 206 500
Capital Replacement Fund for equipment 824 000 824 000 0 00
Pavement Mgmt Fund Sealcoating 267 875 200 000 25 34
General Obligation Debt 297 900 0 100 00
General Obligation Debt 212 Bonds 285 000 337 500 18 42
Audubon 253 795 0 00
Public Works Facility 599 300 100 00
Debt of Other Agencies EDA 122 603 122 195 0 33
TOTAL TAX CAPACITY BASED TAX LEVIES 8 970 878 9 716 790 8 31
MARKET VALUE TAX LEVY
Park Referendum 972 700 100 00
Library Referendum 491 300 496 400 1 04
TOTAL MARKET VALUE TAX LEVY 1 464 000 496 400 66 09
Use of cash reserves to buy down debt levies 360 313 0
TOTAL TAX LEVY 10 074 565 10 213 190 1 38
Dollar Increase 138 625
LEVY MAX
Scenario 1 Scenario 2 Scenario 3 Scenario 4 Scenario 5
Full FTE Full FTE Full FTE Minus 1 FTE Minus 2 FTE
Deputy 53K Deputy 53K Deputy 53k Deputy 53k Deputy 53k
Taxes applied to General Fund 7 593 223 7 540 000 7 452 000 7 380 000 7 320 000
Capital Replacement 824 000 824 000 824 000 824 000 824 000
Pavement Mgmt 200 000 200 000 200 000 200 000 200 000
Total Levy subject to levy limits 8 617 223 8 564 000 8 476 000 8 404 000 8 344 000
Bond Funds 1 555 395 1 555 395 1 555 395 1 555 395 1 555 395
Audubon 253 795 253 795 253 795 253 795 253 795
Reduction in OS Levy 0 0 0 0 0
Total 10 426 413 10 373 190 10 285 190 10 213 190 10 153 190
Tax Generation Capacity
Prior Year 10 074 565 10 074 565 10 074 565 10 074 565 10 074 565
New Construction 138 625 138 625 138 625 138 625 138 625
Exsiting MV Inc 0 0 0 0 0
TIF Dist 1 0 0 0 0 0
Eden Trace TIF 0 0 0 0 0
Gateway TIF 0 0 0 0 0
Total Capacity 10 213 190 10 213 190 10 213 190 10 213 190 10 213 190
Estimated Effect on avg Taxpayer 2 09 1 57 0 70 0 00 0 59
Estimated Dollar Effect on avg Taxpayer 18 80 14 10 6 40 5 30
20
GENERAL GOVERNMENT
1110 Legislative
1120 Administration
1130 Finance
1140 Legal
1150 Assessing
1160 MIS
1170 City Hall
1180 Elections
1190 Library Building
TOTAL
LAW ENFORCEMENT
1210 Law Enforcement
1220 Fire
1250 Building Inspection
1260 CSO
TOTAL
PUBLIC WORKS
1310 Engineering
1320 Street Maintenance
1350 Street Lighting
1370 Vehicle Maintenance
TOTAL
COMMUNITY DEVELOPMENT
1410 Planning Commission
1420 Planning Administration
1430 Senior Commission
TOTAL
PARKS RECREATION
1510 Park Rec CommisSion
1520 Park Administration
1530 Recreation Center
1540 Lake Ann
1550 Park Maintenance
1560 Senior Center
1600 Recreation Programs
1700 Self Supporting Programs
1800 Recreation Sports
TOTAL
Total Operational Expenditures
Transfer fot Roads
TOTAL GENERAL FUND
CITY OF CHANHASSEN
2010 BUDGET
Expenditures
Personal Materials Contractual Capital 2010 2009
Services Supplies Services Outlay Total Total Change
32 300 200 76 800 109 300 122 900 11 07
395 700 500 65 000 461 200 462 100 0 19
226 800 200 50 100 200 277 300 290 600 4 58
148 000 148 000 168 000 11 90
110 000 110 000 110 000 0 00
173 000 2 400 72 400 247 800 299 200 17 18
69 900 48 300 301 300 419 500 420 100 0 14
21 500 6 400 27 900 27 900 0 00
3 000 134 200 137 200 137 200 0 00
919 200 54 600 964 200 200 1 938 200 2 038 000 4 90
78 200 1 553 000 1 631 200 1 625 100 0 38
485 000 47 100 116 000 648 100 675 200 4 01
649 000 6 100 22 900 678 000 721 100 5 98
56 000 5 000 13 700 74 700 74 700 0 00
1 268 200 58 200 1 705 600 3 032 000 3 096 100 2 07
530 400 1 300 31 200 300 563 200 563 500 0 05
641 200 141 600 34 400 1 300 818 500 801 100 2 17
5 000 343 400 348 400 328 400 6 09
259 400 168 400 96 400 3 000 527 200 534 500 1 37
1 431 000 316 300 505 400 4 600 2 257 300 2 227 500 1 34
200 4 000 4 200 4 200 0 00
394 100 700 14 100 408 900 403 500 1 34
22 000 10 700 32 700 37 800 13 49
416 100 900 28 800 445 800 445 500 0 07
200 2 000 2 200 2 200 0 00
124 700 1 000 24 700 150 400 135 600 10 91
219 700 47 300 79 300 346 300 315 600 9 73
13 400 9 500 45 400 68 300 80 300 14 94
704 700 81 300 94 600 4 000 884 600 880 900 0 42
44 000 4 500 20 600 69 100 69 300 0 29
169 800 19 100 94 600 283 500 290 500 2 41
28 700 8 600 46 000 83 300 85 600 2 69
9 500 8 900 18 400 0 100 00
1 314 500 180 400 407 200 4 000 1 906 100 1 860 000 2 48
5 349 000 610 400 3 611 200 8 800 9 579 400 9 667 100 0 91
50 000 192 000
9 629 400 9 859 100 2 33
21
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen MN 55317
Administration
Phone 952 227 1100
Fax 952 227 1110
Building Inspections
Phone 952 227 1180
Fax 952 227 1190
Engineering
Phone 952 227 1160
Fax 952 227 1170
Finance
Phone 952 227 1140
Fax 952 227 1110
Park Recreation
Phone 952 227 1120
Fax 952 227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952 227 1400
Fax 952 227 1404
Planning
Natural Resources
Phone 952 227 1130
Fax 952 227 1110
Public Works
1591 Park Road
Phone 952 227 1300
Fax 952 227 1310
Senior Center
Phone 952 227 1125
Fax 952 227 1110
Web Site
www ci chanhassen mn us
3
MEMORANDUM
TO Mayor City Council
FROM Todd Gerhardt City Manager
DA TE December 7 2009
SUBJ Cooperative Agreement Between the City of Chanhassen and
SouthWest Transit Chanhassen Transit Station
Attached please find a Cooperative Agreement between the City of Chanhassen
and SouthWest Transit The intent of this agreement is to outline the
responsibilities of the City of Chanhassen and South West Transit for the
Chanhassen Transit Station project The responsibilities are as follows
City of Chanhassen
1 The City of Chanhassen will acquire all the property necessary for
Phase I and Phase II as set forth in the feasibility study The closing
must occur before April 2 2010 however if it does not the road
projects including all of Phase I II will not be awarded
2 The city will take full ownership and maintain Phase I and II public
improvements
3 The city will pay 100 of the administrative costs incurred by the
consulting engineer Kimley Hom land acquisition costs and
associated costs for Phase I and II improvements The total estimated
amount is 1 051 448
Total Costs
Amount Assessed to Bloomberg
City of Chanhassen Costs
1 051 448
729 253
322 195
City of Chanhassen Cost Breakdown
Relocation Estimates
Railroad Depot Acquisition
Soft Costs Engineering Services Land Acquisitions
Total
100 000
140 000
82 1 95
322 195
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow 22
Mayor City Council
December 7 2009
Page 2
SouthWest Transit
SouthWest Transit will be responsible for building a 424 stall park and ride
facility SouthWest Transit shall also enter into an agreement with the approved
bidder to construct Phase I II improvements before December 31 2011 The
estimated cost for these improvements is 749 300
RECOMMENDA TION
Staff recommends approval of the Cooperative Agreement between the City of
Chanhassen and SouthWest Transit Commission
ATTACHMENTS
1 Cooperative Agreement
2 Property Ownership Map
g adrnin tg downtown park ride cc memo cooperative agreement 12 7 09 doc
23
COOPERATIVE AGREEMENT
BETWEEN THE CITY OF CHANHASSEN
AND SOUTHWEST TRANSIT FOR THE
DOWNTOWN TRANSIT STATION SITE
IMPROVEMENT PROJECT
THIS COOPERATIVE AGREEMENT is entered into between the CITY OF
CHANHASSEN a Minnesota municipal corporation hereinafter referred to as Chanhassen or
the City and SOUTHWEST TRANSIT a joint powers entity organized under the laws of the
State of Minnesota hereinafter referred to as SouthWest with Chanhassen and SouthWest
collectively hereinafter referred to as the Parties
RECITALS
A SouthWest intends to construct a park and ride facility with approximately 424
parking spaces upon the land legally described on Exhibit A and to be platted as Lot 1 Block
1 Chanhassen Transit Station the SouthWest Property owned by or to by acquired by
SouthWest for use of transit passengers traveling between Chanhassen and surrounding
communities Parking Facility
B Public infrastructure must be constructed to serve the Parking Facility
C Utility relocation and demolition of a building known as the Scene Shop must
be completed prior to construction of the Parking Facility
D South West and Chanhassen agree that each IS authorized to enter into this
Agreement pursuant to Minnesota Statutes S 471 59
E The Parties desire to enter into this Agreement to outline their respective duties and
obligations as it relates to above described construction and utility work and payment of contractors
for land acquisition engineering fees and administrative costs
NOW THEREFORE in consideration of their mutual covenants the Parties agree as
follows
1 DEFINITIONS The following terms and phrases as used in this Cooperative
Agreement shall mean
Agreement means this cooperative agreement between the Chanhassen and SouthWest for the
downtown transit station site improvement project
Bloomberg means Bloomberg Companies Incorporated a Minnesota corporation whose
address is 525 West 78th Street Chanhassen Minnesota
24
Consulting Engineer means Kimley Hom and Associates Inc or another engineer selected
by Chanhassen
Feasibility Study means the Downtown Transit Station Site Improvements Feasibility Study
and Report prepared for the Chanhassen by Kimley Horn and Associates Inc dated March 2009
as supplemented by a Feasibility Study Amendment dated October 30 2009
Land Acquisition Costs include but are not limited to costs to acquire land and Associated
Costs including taxes closing costs appraisals subdivision platting and surveying
Phase I Improvements and Phase I mean the Phase IA Improvements and the Phase IE
Improvements as set forth in the Feasibility Study
Phase IA Improvements and Phase IA mean clearing and grubbing retaining wall
construction demolition of the scene shop and related expenses and other site preparation for
the future construction of the Phase II Improvements as set forth in the Feasibility Study
Phase IB Improvements and Phase IB means water main relocation and sanitary sewer
relocation as set forth in the Feasibility Study
Phase II Improvements and Phase II mean street improvements sidewalks street lights
and storm sewer improvements as set forth in the Feasibility Study
Project Costs include but are not limited to construction costs surveying testing and
inspection demolition and removal costs and other costs of construction Project Costs do not
include the Parties staff time and benefits administrative costs Consulting Engineer or other
engineering fees
Purchase Agreement means the Purchase Agreement between Chanhassen and Bloomberg
attached hereto as Exhibit B
Special Assessment Agreement means the Public Improvement and Special Assessment
Agreement between Chanhassen and Bloomberg attached hereto as Exhibit C
2 PHASE I IMPROVEMENTS With respect to the Phase I Improvements
A Plans and Specifications Chanhassen has prepared the Feasibility Study
Consulting Engineer will prepare the plans and specifications and contract documents for the
Phase I Improvements The plans and specifications and contract documents must be approved in
writing by both Parties and shall conform to federal and state aid standards
B Bidding SouthWest shall advertise for bids for construction of the Phase I
Improvements in accordance with Minnesota Law The bids must be approved in writing by both
Parties
25
C Contract Award If a bid is approved by both Parties SouthWest shall
enter into a contract with the approved bidder
D Contract Supervision Consulting Engineer will supervise construction of
the Phase I Improvements related to public infrastructure on behalf of Chanhassen South West
Walker as defined herein or SouthWest s designee will supervise construction of all other Phase
I Improvements on behalf of SouthWest
E
to the contractor
Paying Agent SouthWest shall be the paying agent for all payments due
F Consulting Engineer Chanhassen shall be the paymg agent for all
payments due to the Consulting Engineer
3 PHASE II IMPROVEMENTS With respect to the Phase II Improvements
A Plans and Specifications Consulting Engineer has prepared a Feasibility
Study and will prepare the plans and specifications related to the Phase II roadway construction
SouthWest s engineer Walker Parking Consultants Walker will prepare the plans and
specifications for the Parking Facility and contract documents for the Phase II Improvements
The plans and specifications and contract documents must be approved in writing by both Parties
and shall conform to federal and state aid standards
B Bidding South West will advertise for bids for the construction of the
Phase II Improvements in accordance with Minnesota Law The bids must be approved in
writing by both Parties
C Contract Award If a bid is approved by both Parties SouthWest shall
enter into a contract with the approved bidder Prior to construction of the Phase I and II
Improvements the City and South West will enter into a temporary construction easement
granting South West the right to construct the Phase I and II Improvements on property currently
owned by the City to be platted as part of Outlot B Chanhassen Transit Station until December
31 2011 in a form acceptable to both Parties
D Contract Supervision Consulting Engineer will supervise construction of
the Phase II Improvements related to public infrastructure on behalf of the Chanhassen
SouthWest Walker or SouthWest s designee will supervise construction of all other Phase II
Improvements on behalf of South West
E
to the contractor
Paving Agent SouthWest shall be the paying agent for all payments due
F Consulting Engineer Chanhassen shall be the paying agent for all
payments due to the Consulting Engineer
26
4 LAND ACQUISITION Chanhassen entered into the Purchase Agreement to
acquire property necessary for Phase I and Phase II projects See Exhibit B SouthWest
entered into that certain Real Estate Exchange Agreement dated November 17 2009 to acquire
the SouthWest Property SouthWest Purchase Agreement See Exhibit D
5 PROJECT COORDINATION AND CONTINGENCIES Chanhassen must
close on the property acquisition pursuant to the Purchase Agreement before a contract is entered
into for either project Contracts for the Phase I and Phase II Improvements must be let
concurrently If a contract is not awarded for both the Phase I Improvements and the Phase II
Improvements a contract may not be awarded for either project If the contingencies are not
satisfied by April 2 2010 neither the Phase I nor the Phase II Improvements will be constructed
The Phase I Improvements must be substantially completed before the Phase II Improvements
commence
6 COST ALLOCATION AND FUNDING
A SouthWest shall be responsible for 100 of the Phase I and Phase II
Project Costs in the total estimated amount of 749 300 SouthWest shall be responsible for
making all progress payments and final payment to the contractor for the Phase I and Phase II
projects SouthWest and Chanhassen acknowledge that the Phase I and Phase II Project Costs
may be above or below the estimated amount SouthWest hereby assumes the financial risk or
reward that the final Phase I and Phase II Project Costs may be above or below the estimated
amount SouthWest shall pay 100 of administrative costs incurred by SouthWest and Walker s
fees
B Chanhassen shall fund 100 of administrative costs incurred by
Chanhassen Consulting Engineer and City Engineer fees and Land Acquisition Costs and
Associated Costs for the Phase I and Phase II Improvements in the total estimated amount of
1 051 448 Chanhassen Costs The administrative costs Consulting Engineer fees and City
Engineer fees total approximately 224 900 Land Acquisition Costs related to the Phase I and
Phase II Improvements total approximately 826 548 plus Associated Costs The Land
Acquisition Costs include the acquisition of the depot station site street right of way land
between the Parking Facility and street right of way land underlying the Scene Shop and
relocation of the Scene Shop Chanhassen shall assess 729 253 of the Chanhassen Costs to
Bloomberg pursuant to the Special Assessment Agreement and Chanhassen shall be responsible
for the remaining 322 195 SouthWest and Chanhassen acknowledge that the Chanhassen Costs
may be above or below the estimated amount Chanhassen hereby assumes the financial risk or
reward that the final Chanhassen Costs may be above or below the estimated amount In addition
to the Chanhassen Costs Chanhassen shall also pay 100 of the Scene Shop business relocation
expenses as set forth in the Feasibility Study
7 OWNERSHIP Following completion Chanhassen shall own and maintain the
Phase I and Phase II public improvements The roadway being constructed as part of the Phase II
Improvements shall be built exclusively on property acquired by Chanhassen under the Purchase
Agreement
27
8 CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS Any change
orders or supplemental agreements that affect the costs payable by Chanhassen under this
Agreement and changes to the construction plans must be approved by Chanhassen prior to
execution of work
9 RULES AND REGULATIONS SouthWest shall abide by Minnesota
Department of Transportation Standard Specifications rules and contract administration
procedures
10 INDEMNIFICATION SouthWest agrees to defend indemnify and hold
harmless Chanhassen against any and all claims liability loss damage or expense arising under
the provisions of this Agreement and caused by or resulting from negligent acts or omissions of
SouthWest and or those of SouthWest employees or agents Chanhassen agrees to defend
indemnify and hold harmless SouthWest against any and all claims liability loss damage or
expense arising under the provisions of this Agreement for which Chanhassen is responsible
including future operation and maintenance of facilities owned by Chanhassen and caused by or
resulting from negligent acts or omissions of Chanhassen and or those of Chanhassen employees
or agents Under no circumstances however shall a party be required to pay on behalf of itself
and the other party any amounts in excess of the limits on liability established in Minnesota
Statutes Chapter 466 applicable to anyone party The limits of liability for both Parties may not
be added together to determine the maximum amount of liability for either party The intent of
this paragraph is to impose on each party a limited duty to defend and indemnify each other
subject to the limits of liability under Minnesota Statutes Chapter 466 The purpose of creating
this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts
among the Parties and to permit liability claims against both Parties from a single occurrence to
be defended by a single attorney
11 WAIVER Any and all persons engaged in the work to be performed by one
party to this Agreement shall not be considered employees of the other party to this Agreement
for any purpose including Worker s Compensation or any and all claims that mayor might arise
out of the employment context on behalf of the employees while so engaged Any and all claims
made by any third party as a consequence of any act or omission on the part of one party s
employees while so engaged on any of the work contemplated herein shall not be the obligation
or responsibility of the other party
12 AUDITS Pursuant to Minnesota Statutes S 16C 05 Subd 5 any books records
documents and accounting procedures and practices of Chanhassen and SouthWest relevant to
this Agreement are subject to examination by Chanhassen Southwest and either the Legislative
Auditor or the State Auditor as appropriate Chanhassen and SouthWest agree to maintain these
records for a period of six years from the date of performance of all services covered under this
Agreement
13 DATA PRACTICES ACT The Parties shall at all times abide by the Minnesota
Government Data Practices Act Minn Stat Chapter 13
28
14 CLAIMS To receive any payment on this Agreement the invoice or bill must
include the following signed and dated statement I declare under penalty of perjury that this
account claim or demand is just and correct and that no part of it has been paid
15 INTEGRA TION The entire and integrated agreement of the Parties contained
in this Agreement shall supersede all prior negotiations representations or agreements between
Chanhassen and SouthWest regarding the project whether written or oral
16 COUNTERPARTS This Agreement may be executed in one or more
counterparts all of which shall be considered one and the same agreement and shall become
effective when one or more counterparts have been signed by each of the parties and delivered to
the other parties it being understood that all parties need not sign the same counterpart
IN WITNESS THEREOF the Parties have caused this Agreement to be executed by
their duly authorized officials
SOUTHWEST TRANSIT CITY OF CHANHASSEN
BY BY
Its Chair Its Mayor
AND AND
Its Chief Executive Officer Its City Manager
P Home 0622 164 Chanhassen Downtown Transit Station Documents Cooperative Agreements Cooperative Agreement for Road Construction
20091204 clean 2 from Knutson doc
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AND UTILITY EASEMENT
15 250 SQ FT
NOTE
1 THE ACQUISITION AREA FOR OUTLOT B IS 34 879 SQ FT SINCE A 3 063 SQ FT
PORTION OF OUTLOT B IS CURRENTLY OWNED BY THE CITY AND A 9 120 SQ FT
PORTION IS INCLUDED AS A PART OF THE SCENE SHOP PURCHASE
2 THE ACQUISITION AREA FOR LOT 1 BLOCK 2 IS 17 139 SQ FT SINCE A 89 SQ FT
PORTION OF LOT I BLOCK 2 IS CURRENTLY OWNED BY THE CITY
2 5 f
CITY OF
CHANHASSEN
o
I
25 50 100
I
HORIZONTAL
SC LE IN FEET
Kimley Horn
and Associates Inc
CITY OF CHANHASSEN
DOWNTOWN TRANSIT STATION
SITE IMPROVEMENTS
CITY PROJECT NO 08 11
PROPOSED PROPERTY OWNERSHIP
EXHIBIT 7
REV 10 30 09
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