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Agenda and PacketAGENDA CHANHASSEN CITY COUNCIL MONDAY, APRIL 26, 2021 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD ELECTRONIC MEETING Due to the COVID­19 pandemic, some or all members of the City Council will participate in meetings by telephone and/or web conference pursuant to Minnesota Statutes, Section 13D.021,rather than in person at the city council’s regular meeting place at Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, Minnesota. The Public Hearings portion of the City Council agenda allow for the public to provide comments on those agenda items. To help ensure an open public process, we have made accommodations for the public to continue to view and participate in public hearings by selecting one of following options: City Council Meetings EMAIL your comments to the City Council at publiccomments@ci.chanhassen.mn.us All comments received by 6:30 p.m. on the day of the meeting will be included as a part of the city council meeting. WATCH the meeting live online at www.ci.chanhassen.mn.us/agendas or on Mediacom Cable Channel 107.2. The meeting begins at 7:00 pm. ZOOM Register to participate in the meeting via zoom. Further instructions for participation are included in the registration confirmation email. Please register by 5:00 p.m. if you wish to provide public comment on an agenda item. PHONE in your comments at 952­227­1630 when the Mayor opens the desired public hearing for comment. The Mayor will take phone comments after the zoom participants are complete. The April 26 meeting will be the last meeting that this phone number will be used for public comment.  ATTEND the meeting in person and present your comments when called upon. Social distancing practices will be observed during the meeting. Seating will be limited for this option. If you wish to make a public comment under the Visitor Presentations portion of the City Council agenda, please review the Guidelines for Visitor Presentations and complete and submit the online form. NOTE: For all options, you must provide your name and address for the record. A.5:00 P.M. ­ WORK SESSION Note:  Work sessions 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. AGENDACHANHASSEN CITY COUNCILMONDAY, APRIL 26, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDELECTRONIC MEETINGDue to the COVID­19 pandemic, some or all members of the City Council will participate in meetings bytelephone and/or web conference pursuant to Minnesota Statutes, Section 13D.021,rather than in personat the city council’s regular meeting place at Chanhassen City Hall, 7700 Market Boulevard, Chanhassen,Minnesota.The Public Hearings portion of the City Council agenda allow for the public to provide comments onthose agenda items. To help ensure an open public process, we have made accommodations for thepublic to continue to view and participate in public hearings by selecting one of following options:City Council MeetingsEMAILyour comments to the City Council at publiccomments@ci.chanhassen.mn.us Allcomments received by 6:30 p.m. on the day of the meeting will be included as a part of the citycouncil meeting.WATCH the meeting live online at www.ci.chanhassen.mn.us/agendas or on Mediacom CableChannel 107.2. The meeting begins at 7:00 pm.ZOOM Register to participate in the meeting via zoom. Further instructions for participation areincluded in the registration confirmation email. Please register by 5:00 p.m. if you wish to providepublic comment on an agenda item.PHONE in your comments at 952­227­1630 when the Mayor opens the desired public hearing forcomment. The Mayor will take phone comments after the zoom participants are complete. The April26 meeting will be the last meeting that this phone number will be used for public comment. ATTEND the meeting in person and present your comments when called upon. Social distancingpractices will be observed during the meeting. Seating will be limited for this option.If you wish to make a public comment under the Visitor Presentations portion of the City Councilagenda, please review the Guidelines for Visitor Presentations and complete and submit the online form.NOTE: For all options, you must provide your name and address for the record.A.5:00 P.M. ­ WORK SESSIONNote:  Work sessions 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. 1.Discuss Chicken Ordinance 2.Discuss Sign Ordinance Update 3.Discuss Solid Waste Collection Districts 4.Discuss Outdoor Storage of Boats, Trailers and RVs 5.Future Work Session Schedule B.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS 1.Invitation to Arbor Day Celebration ­ May 1 2.Presentation of Certificates of Appreciation to Outgoing Commissioners 3.Presentation of Maple Leaf Awards to Outgoing Commissioners 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 each staff report. 1.Approve City Council Minutes dated April 12, 2021 2.Receive Planning Commission Minutes dated March 2, 2021 3.Receive Planning Commission Work Session Minutes dated April 6, 2021 4.Approve Claims Paid 04­26­2021 5.Resolution 2021­XX: Arbor Day Proclamation 6.Approve Fireworks Display at Lake Ann Park, July 4, 2021 7.Approve Purchase of SeeClickFix Request and Work Management Software 8.Approve 2021 Pay Equity Report 9.Authorize Release of Agreement Between the City of Chanhassen and James L. Dake and Leann L. Dake 10.Approve Liquor License Renewals for Chanhassen Brewing Company 11.Resolution 2021­XX: Approve Agreements with Bureau of Criminal Apprehension for Data Access 12.Resolution 2021­XX: Approve Materials Testing Agreement for Construction of the 2021 City Pavement Rehabilitation Project Number 20­05 13.Approve 2021­2022 Collective Bargaining Agreement with International Union of Operating Engineers, Local 49 14.Approve Temporary Modification of the Licensed Premises to serve On­Sale Beer and Wine in Kai's Sushi & Grill Sidewalk/Parking Lot Area 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.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE AGENDACHANHASSEN CITY COUNCILMONDAY, APRIL 26, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDELECTRONIC MEETINGDue to the COVID­19 pandemic, some or all members of the City Council will participate in meetings bytelephone and/or web conference pursuant to Minnesota Statutes, Section 13D.021,rather than in personat the city council’s regular meeting place at Chanhassen City Hall, 7700 Market Boulevard, Chanhassen,Minnesota.The Public Hearings portion of the City Council agenda allow for the public to provide comments onthose agenda items. To help ensure an open public process, we have made accommodations for thepublic to continue to view and participate in public hearings by selecting one of following options:City Council MeetingsEMAILyour comments to the City Council at publiccomments@ci.chanhassen.mn.us Allcomments received by 6:30 p.m. on the day of the meeting will be included as a part of the citycouncil meeting.WATCH the meeting live online at www.ci.chanhassen.mn.us/agendas or on Mediacom CableChannel 107.2. The meeting begins at 7:00 pm.ZOOM Register to participate in the meeting via zoom. Further instructions for participation areincluded in the registration confirmation email. Please register by 5:00 p.m. if you wish to providepublic comment on an agenda item.PHONE in your comments at 952­227­1630 when the Mayor opens the desired public hearing forcomment. The Mayor will take phone comments after the zoom participants are complete. The April26 meeting will be the last meeting that this phone number will be used for public comment. ATTEND the meeting in person and present your comments when called upon. Social distancingpractices will be observed during the meeting. Seating will be limited for this option.If you wish to make a public comment under the Visitor Presentations portion of the City Councilagenda, please review the Guidelines for Visitor Presentations and complete and submit the online form.NOTE: For all options, you must provide your name and address for the record.A.5:00 P.M. ­ WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Discuss Chicken Ordinance2.Discuss Sign Ordinance Update3.Discuss Solid Waste Collection Districts4.Discuss Outdoor Storage of Boats, Trailers and RVs5.Future Work Session ScheduleB.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance)C.PUBLIC ANNOUNCEMENTS1.Invitation to Arbor Day Celebration ­ May 12.Presentation of Certificates of Appreciation to Outgoing Commissioners3.Presentation of Maple Leaf Awards to Outgoing CommissionersD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion.  There will be no separate discussion of these items.  Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately.  City council action is based on the staff recommendation for each item.  Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated April 12, 20212.Receive Planning Commission Minutes dated March 2, 20213.Receive Planning Commission Work Session Minutes dated April 6, 20214.Approve Claims Paid 04­26­20215.Resolution 2021­XX: Arbor Day Proclamation6.Approve Fireworks Display at Lake Ann Park, July 4, 20217.Approve Purchase of SeeClickFix Request and Work Management Software8.Approve 2021 Pay Equity Report9.Authorize Release of Agreement Between the City of Chanhassen and James L. Dakeand Leann L. Dake10.Approve Liquor License Renewals for Chanhassen Brewing Company11.Resolution 2021­XX: Approve Agreements with Bureau of Criminal Apprehension forData Access12.Resolution 2021­XX: Approve Materials Testing Agreement for Construction of the2021 City Pavement Rehabilitation Project Number 20­0513.Approve 2021­2022 Collective Bargaining Agreement with International Union ofOperating Engineers, Local 4914.Approve Temporary Modification of the Licensed Premises to serve On­Sale Beerand Wine in Kai's Sushi & Grill Sidewalk/Parking Lot AreaE.VISITOR PRESENTATIONSVisitor Presentations requesting a response or action from the City Council must complete andsubmit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda) F.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE 1.Fire Department Update 2.Law Enforcement Update G.OLD BUSINESS H.PUBLIC HEARINGS 1.Resolution 2021­XX and 2021­XX: Conduct Public Hearing, Adopt Assessment Roll, and Award Construction Contract for 2021 City Pavement Rehabilitation Project I.NEW BUSINESS 1.Adopt Strategic Plan 2.FlashVote Introduction and Overview J.COUNCIL PRESENTATIONS K.ADMINISTRATIVE PRESENTATIONS L.CORRESPONDENCE DISCUSSION 1.Carver County School District Realignment Petition M.ADJOURNMENT N.GUIDELINES 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.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. 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. 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. 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. CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Discuss Chicken Ordinance Section 5:00 P.M. ­ WORK SESSION Item No: A.1. Prepared By Kate Aanenson, Community Development Director File No:  SUMMARY A resident, via Citizen Action Request Form, requested that the City Council amend the City Code to allow chickens on smaller lots. The current ordinance, adopted in 2019, states a minimum of one acre. Staff had originally recommended a smaller minimum acreage but the Planning Commission felt strongly about a one­acre minimum. BACKGROUND The current ordinance was drafted in 2019 and to date there are less than five permits at the one­acre requirement. The current ordinance allows one chicken per 5,500 square feet of lot area at the one­acre minimum. Information from the Planning Commission meeting can be viewed here . Prior to the 2019 modification, chickens were permitted only on parcels of 10 acres or more.  DISCUSSION As the city reviewed its ordinances, concerns that chickens could create the following nuisances were raised, resulting in the one­acre minimum requirement in place today.  Predator attack source of concern with neighbors Rodents are often attracted to coops and feed Odor from droppings Noise from hens Potential disease It is important to note there are a number of neighborhood covenants/homeowner association (HOA) restrictions in many of the city's residential neighborhoods. The city is not a party to such covenants and amendments, and they are enforced privately by developers and HOA's. Many HOA’s may prohibit the keeping of chickens or have more stringent standards. RECOMMENDATION Beside the citizen action request form, the city has received another letter requesting chickens on smaller lots. Staff recommends that the City Council discuss questions such as: CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectDiscuss Chicken OrdinanceSection5:00 P.M. ­ WORK SESSION Item No: A.1.Prepared By Kate Aanenson, CommunityDevelopment Director File No: SUMMARYA resident, via Citizen Action Request Form, requested that the City Council amend the City Code to allow chickenson smaller lots. The current ordinance, adopted in 2019, states a minimum of one acre. Staff had originallyrecommended a smaller minimum acreage but the Planning Commission felt strongly about a one­acre minimum.BACKGROUNDThe current ordinance was drafted in 2019 and to date there are less than five permits at the one­acre requirement.The current ordinance allows one chicken per 5,500 square feet of lot area at the one­acre minimum. Information fromthe Planning Commission meeting can be viewed here . Prior to the 2019 modification, chickens were permitted onlyon parcels of 10 acres or more. DISCUSSIONAs the city reviewed its ordinances, concerns that chickens could create the following nuisances were raised, resultingin the one­acre minimum requirement in place today. Predator attack source of concern with neighborsRodents are often attracted to coops and feedOdor from droppingsNoise from hensPotential diseaseIt is important to note there are a number of neighborhood covenants/homeowner association (HOA) restrictions inmany of the city's residential neighborhoods. The city is not a party to such covenants and amendments, and they areenforced privately by developers and HOA's. Many HOA’s may prohibit the keeping of chickens or have morestringent standards.RECOMMENDATIONBeside the citizen action request form, the city has received another letter requesting chickens on smaller lots. Staff recommends that the City Council discuss questions such as: Interest in revisiting the ordinance adopted in 2019. Desired changes to the approach taken to consider the issue during the recent consideration process . Desire for additional information or presentations. ATTACHMENTS: Staff Report Survey of Communities OITTOT OHANIIASSTN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission MacKenzie Young-Walters, Associate Planner February 19,2019 Backyard Chickens MEMORANDUM TO: FROM: DATE: SUBJ: PROPOSED MOTION: "The Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending Chapters 4,5, and 20 of the City Code." ISSUE City staff has received numerous requests from residents asking that the city re-examine its policy of classifying chickens as farm animals and limiting them to parcels of at least 10 acres in size. SUMMARY The city defines chickens as farm animals and restricts them to parcels in the rural residential and agricultural estate districts with a minimum lot size of 10 acres. The recent interest in backyard chickens is due to increasing interest in locally sourced foods. Staff conducted a review of how other cities in the area regulate chickens and 44 of the 62 cities surveyed allowed chickens in non-agricultural districts. About half of those required permits and placed restrictions on types of and numbers of chickens as well as on things like butchering and chickens running at large. Staffbelieves that setbacks, permitting requirements, and basic performance standards can mitigate the potential noise and odor nuisance concerns associated with backyard chickens. RELEVANT CITY CODE Sec. 1-2 - Rules of construction and definitions: Includes chickens under the definition of "Farm animals". Sec. 20-1001 - Keeping: States that farm animals are allowed on farm property zoned A-2 or RR with a minimum area of 10 acres. PH 952.227.1 I 00 . www.ci.chanhassen.mn.us . FX 952.227. I I I 0 77OO MARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317 Backyard Chickens February 19,2079 Page2 BACKGROUND The City Council last investigate the possibility of allowing backyard chickens in May of 2009. At that time, fewer cities had experience with allowing chickens in non-agricultural districts, and there had been a history of issues caused by chickens wandering from an agricultural property to an adjacent subdivision. For these reasons, the City Council elected to maintain its existing prohibition on farm animals in non-agricultural districts and passed Ordinance 480 on June 22, 2009, which further defined a farm as a tract of land more than then 10 acres in size to avoid ambiguity. On December 14,2015, the City Council passed Ordinance 612, which amended Sec. 20-1001 to clarify that farm animals were only allowed on A-2 or RR parcels with a minimum parcel area of 10 acres. ANALYSIS Issue 1: BeneJits of Chickens The recent rise in the popularity of backyard chickens is linked in part to the growing local food movement. As people have become more aware of the impact of agriculture on the environment and concerns have increased over the uses of pesticides and genetically modified organisms, GMOs, individuals have become more interested in knowing where their food comes from and producing their own produce. Many cities have responded to this trend by establishing community gardens, allowing beekeeping, and permitting residents to own chickens. Chickens are one of the few agricultural animals that can thrive in the space provided by residential lots, and they can provide their owners with a source of eggs and meat. While egg production varies by breed, many hens can lay around five eggs per-week during their egg laying cycle. Though many people choose only to raise chickens for eggs, they can also provide a source of fresh poultry. In addition to being a source of food, chickens can provide other ecologically friendly services. They can provide a natural means of pest control for gardeners as they eat many different types of insects and larvae. Homeowners can utilize mobile pens to allow chickens to forage in gardens between plantings or place chickens adjacent to gardens where they can eat insects before they can reach the garden. Chickens can also be fed leftover vegetables and unseasoned meat scraps, which helps to reduce the amount of food waste a household generates. Finally, chicken droppings are rich in plant nutrients and can be used for composting as part of a strategy to minimize the use of fertilizers. Beyond their ecological benefits, chickens can also provide a mechanism to teach children about nature, animal care, and food systems. Many owners also feel that chickens make good pets, and derive a sense of companionship from them. Issue 2: Concerns with Chickens Backyard Chickens February 19,2019 Page 3 Chickens have been confined to agricultural districts in many cities due to concems over noise and odor nuisances, chickens running atlarge, and their potential to attract pests and predators. Historically, the City of Chanhassen has received complaints when chickens have escaped from their coops and wandered onto neighboring properties. The most recent chicken-related complaint the city received was in June of 2018 when several chickens being kept on a property in violation of City Ordinance escaped from their pen and got into the neighbor's yard. In addition to the complaints that can be generated when chickens get loose, they have the potential to violate municipal noise ordinances. This is especially the case when roosters are present since they crow loudly multiple times a day. Hens can also make noise, especially when laying an eggor if frightened, but they are significantly quieter than roosters and their clucks typically do not carry far. Some breeds of chickens are nosier than others are, and could potentially disturb nearby neighbors. Chicken coops and waste can also be a source of noxious odors. Moist and poorly ventilated chicken coops can produce ammonia and an unpleasant smell. If owners do not regularly remove waste from coops and runs strong smells can be produced, and inadequately cleaned chicken runs may produce offensive odors after rainstorms when waste is moist. Finally, keeping chickens can attract rodents and predators. Rodents can be attracted to chicken feed when it is not stored in properly sealed containers, and many animals including cats, dogs, coyotes, raccoons, skunks, snakes, and raptors prey on chicks, chickens, andlor eggs. The presence of backyard chickens can attract these animals to residential neighborhoods, especially if the chicken coop and run are not property secured. Issue 3: Survey of Minnesota Cities Staff found a spreadsheet compiled by ba< advocates that noted if various Minnesota allow chickens. Using this list as base, stt summarized the ordinances governing chi Minnesota cities. The tables to the right st of staffls research. Staff found that 44 of the 62 cities allowed chickens in residential areas with an additional 16 cities only permitting chickens in agricultural areas. Two cities prohibited chickens in all districts. Of the 44 cities that allowed chickens in residential districts, 26 required ry backyard chicken esota cities did or did not se, staff researched and Lg chickens in 62 ght summari ze the results Summary Allowed 44 Ag Only 1,6 Prohibited 2 Total 62 Requirements for cities that allow chickens outside of Ag. Minimum lot size 7 Limit to specific residential districts 3 Require permit/license 26 Require additional setbacks 25 Limit number of birds 40 Total number of cities 44 permits and l0 limited chickens to certain residential districts or established minimum lot sizes. Other common provisions were requiring additional setbacks for chicken coops and runs, 25 cities, and limiting the maximum number of chickens,40 cities. Backyard Chickens February 19,2019 Page 4 Issue 4 : Typical Conditions/Limitations Most cities that allow chickens in residential areas havt it necessary to establish provisions regulating the keepi chickens in order to mitigate the concerns highlighted t in this report. By far the most cofilmon restriction is a I the number of birds that may be kept, with 40 of 44 surveyed cities establishing a maximum number of birds. Staff could not identify a universal standard for the number of birds allowed, although 16 cities have limited properties to a maximum of four chickens. The rationale behind limiting the number of chickens is to minimizethe potential for the flock to generate offensive odors and excessive amounts of noise. City staff is proposing that Chanhassen limit the number of chickens based on a parcel's lot area, in recognition of the fact that the city has some large parcels that could accommodate larger numbers of chickens without negatively affecting surrounding properties. The proposed limits are listed in the table to the right. ve found ping of I earlier r limit on urveyed could a ting the Maximum number of Chickens Limit # of cities 2 1. 3 4 4 L6 5 4 6 5 8+4 Based on lot size 6 Total 40 Proposed limits on number of Chickens Lot size Number of chickens less than 1 acre 4 1to 2.5 acres 8 2.5 to 10 acres 16 10 acres +no limit In order to limit the potential for backyard flocks to create noise nuisances, most cities, 33 of 44, prohibit roosters, and of those that allow roosters, two require a special rooster permit. Several other cities also took the precaution of banning crowing hens. Staff is proposing that Chanhassen prohibit both roosters and crowing hens. Other common provisions that staff identified were prohibitions on chickens running atlarge, breeding chickens, keeping chickens in the house or garage, and butchering chickens. Staff believes that since roosters are already prohibited and only a modest number of birds are permitted outside of agricultural areas a further prohibition on breeding chickens would be redundant. Similarly, staff is proposing that chickens be kept in enclosed coops and runs or a fenced area at all times which should address the issue of chickens running at large. The prohibition on butchering chickens likely comes from concems that the activities associated with killing and cleaning a chicken could offend or disturb neighbors. Staff proposes to address this concern by prohibiting the outdoor butchering of chickens. Finally, staff does not believe it is necessary to adopt the prohibition on keeping chickens in garages. If an owner wished to convert a portion of their garage to serve as a chicken coop, assuming it could meet the required setbacks, staff does not believe it would create an issue. Due to the potential for chickens to spread disease or create unsanitary conditions, staff does believe it is appropriate to prohibit them being kept as household pets. As was noted earlier, many cities require permits for the keeping of chickens and some require that neighbors within a certain radius be notified. Several cities that require public notification also require that a certain percentage ofthe neighbor's consent to the presence ofchickens. Staff Backyard Chickens February 79,2019 Page 5 believes that requiring a permit is necessary to ensure that owners interested in keeping chickens are aware of and comply with the any enacted provisions governing backyard chickens, and that asking applicants to notiff their neighbors of their intent to own chickens can forestall potential future issues between neighbors. Finally, many cities, 25 of 44, also require chicken coops and runs to meet setbacks beyond what are typically required within their zoning districts. Generally, cities require these structures to be located in rear yards, be setback a minimum distance for neighboring residential structures, and be setback a minimum distance from the property line. The largest setback staff found was I l0 feet from residential structures not occupied by the owner, with 50 and 25-foot setbacks being more cornmon. Staff is proposing that a 25-foot setback from adjacent residential structures be used, as it should create a reasonable buffer while also allowing smaller lots to accommodate chicken coops. Additional proposed setbacks are limiting the coop and run to rear yards and requiring them to be setback 10 feet from the lot line. These standards are consistent with how the City Code regulates other accessory structures. Staff is also proposing that standards be enacted requiring chickens be provided with a minimum of four square feet within the coop/run, the coop/run be enclosed and soundly constructed, coop/run be well ventilated, feed be kept in rodent-proof containers, and that waste be disposed of on a weekly basis. Staff believes that these standards will help provide for the welfare of the chickens and minimizethe potential for the creation of nuisances. ALTERNATIVES Do nothing. This would limit chickens to agricultural properties over 10 acres. Allow chickens in areas zoned RR and 42. Allow chickens on parcels one acre or larger, and adopt general performance standards and permit requirements. 4) Allow chickens on all lots with single-family residential as the principal use, and adopt general performance standards and permit requirements. RECOMMENDATION Staff recommends Alternative 4. Staff believes any residential property that can meet basic setbacks can accommodate hens without creating a nuisance for surrounding properties, and that adopting general performance standards will provide a mechanism staff can use to address chickens that do become nuisances. The text of the proposed ordinance is provided below. Sec. a-30(bX23) Chicken Permit. . ...$25.00 Sec.5-126 -129. - Reserved ARTICLE V. - Chickens l) 2) 3) Backyard Chickens February 19,2019 Page 6 Sec. 5-130. - Definitions. In this article, the following terms have the stated meanings: "Chicken or domesticated chicken" means a subspecies of the species Gallus domesticus. "Coopo' means the structure for the keeping or housing of chickens. "Hen" means a female chicken. ttRooster" means a male chicken. 66Run" means an enclosed and covered area attached to the coop where the chickens can roam unsupervised. Sec.5-L31. - Purpose of Ordinance. The purpose of this ordinance is to provide minimum standards for the keeping of domesticated chickens. This article enables residents to keep chickens on a non-commercial basis as an accessory use to a residence, while limiting the adverse effects of the activity on surrounding properties. Such adverse effects can include noise, odors, unsanitary conditions, attraction of predators, chickens running at large, unsightly conditions, and similar adverse conditions. Sec.5-132. - Permit required 1) No person shall maintain or keep domesticated chickens without a permit issued by the city. Properties exceeding 10 acres where agriculture is a permitted use are exempt from the permit requirements of this article. 2) Application for a permit required by article shall be made to the city upon a form furnished by the city. A nonrefundable fee in the amount established by resolution shall be paid to the city when the application if filed. 3) In order to be issued a permit the applicant must: a. Have as the principal use of the property a single-family residential structure. b. Submit a notarized statement to the city stating that they have informed all adjoining neighbors that they intend to keep chickens. c. Not have had a prior chicken permit revoked by the City of Chanhassen. d. Meet the density and setback requirements listed in Sec.5-133. Sec. 5-133. - Density and Setbacks 1) No person is permitted to keep more than the following numbers of chickens on any lot within the city, based upon the size of the parcel: a. Lots smaller than one acre: 4 chickens b. Lots one acre or larger but smaller than two and one-half acres: 8 chickens Backyard Chickens February 19,2019 PageT c. Lots two and one-half acres or larger but smaller than ten acres: 16 chickens d. Lots larger than ten acres: No limit 2) The coop and affached run must be located in the rear yard and must be setback a minimum of 25 feet from all adjacent residences that are not occupied by the applicant and be setback a minimum of 10 feet from any lot line. a. On corner lots, coops and runs may not be located in any yard with street frontage. b. On double frontage lots, coops and runs may not be located in any required front yard. Sec. 5-134. - Standards of Practice The following standards of practice apply to all properties governed by this article: I) No roosters or crowing hens are allowed. 2') No outdoor butchering of chickens is allowed. 3) Chickens must be kept in a coop or run whenever they are unsupervisedl however when supervised they are allowed in a fenced area. 4) The coop must: a. Be maintained in good condition. b. Be enclosed and constructed of durable materials to prevent entry by predators or the escape ofchickens. c. Be built to protect the chickens from extreme heat or cold. d. Provide at least 4 square feet per chicken. 5) The run must: a. Be maintained in good condition. b. Be affached to the coop. c. Be enclosed and constructed of durable materials to prevent entry by predators or the escape of chickens. d. Provide at least 4 square feet per chicken. 6) The chicken's living area must be maintained in a clean and sanitary condition. 7) Odor shall not be perceptible at the lot line. 8) All stored manure shall be placed within a fully enclosed container. All manure not used for composting or fertilizing shall be removed weekly. The coop and run must be kept free from trash and accumulated manure. 9) Feed must be stored in a rodent proof container inside of a structure. 10) No person may keep any chickens inside a house. Sec. 5-135. - Revocation of Permit A chicken permit issued under this article may be revoked by the Community Development Director if it is determined after an inspection by city staff that the permit holder has not maintained the standards set forth in Sec. 5-124 or that chickens are being kept in such a manner as to constitute a public nuisance. Backyard Chickens February 19,2019 Page 8 Sec. 5-136 - 145. - Reserved Sec. 20-1001. - Keeping. The following animals may be kept in the city: (1) Household pets are an allowed use in all zoning districts. (2) Horses in the A-2, RR and RSF zoning districts in accordance with chapter 5, article III. (3) Honey bees in accordance with Chapter 5, article IV. (4) Chickens in accordance with Chapter 5, article V. (5) Farm animals are an allowed use on all farm property zoned A2 or RR, which permit agricultural use, with a minimum parcel area of l0 acres, except as otherwise specifically provided in the City Code. Farm animals may not be confined in a pen, feed lot or building within 100 feet of any residential dwelling not owned or leased by the farmer. (6) Wild animals may not be kept in the city. (7) Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. (8) Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. ATTACHMENTS 1) Survey of MN Cities 2) Chicken Essay G:\PLAN\City CodeV019V0l 9-01 Various\Chickens\Staff Reports Chickens.docx City Allowed Permit Required Min lot size Setbacks Bird Limit Other Provisions Afton Yes Yes None 25' from res structures 5 per .5 acres No roosters, no commercial Andover Rural Possible CUP None 100' from non-owner res None No sewer or water Anoka Yes No None accessory building 4 No rooster, not a large, right to terminate Apple Valley Ag only No None None None Arden Hills Ag only No None None None Note: From March 2018 community News letter Blaine Ag only No None None None Bloomington Yes No None 50' from non-owner res 4 No roosters, no killing, not at large, no dwelling/garage Brooklyn Park Ag only No 5 acres None None Bursnville Yes Yes None No front/side yard 4 No roosters, not at large, kill only in R1-a Centerville Yes Yes 10,000 sq. ft.25' form non-owner res, 15' lot line 4 No roosters Champlin Ag only No None None 1 per acre Chanhassen Ag only No 10 acres 100' from non-owner res NA Chaska Ag only No None None Sliding Columbia Heights Silent NA NA NA NA Coon Rapids Yes Yes None 30' from non-owner res, rear only, 10' lot line 4 No roosters, no killing, not at large, no dwelling/garage Cottage Grove Yes Yes 3 acres 110' from non-owner res, rear yard, 50' property lin 4 Written consent of neighbors, no roosters, not at large Dayton Ag only CUP 90,000 sq. ft.None None Eagan Yes Yes None 25' from res structures, 10' rear, 5' side 5 No roosters, no killing, not at large, no dwelling/garage Edina Yes No None None 4 Elk River Yes No 2.5 acres 25' from res structures, rear yard, 10' lot line 12 No roosters, no killing, not at large, no dwelling/garage Falcon Heights Yes Yes None 20' form res structures 4 No roosters, no killing, not at large, no dwelling/garage, leg band id Fridely Yes Yes None 30' from lot lines 6 No roosters, no killing, not at large, may impound Ham Lake Ag only No 5 acres None None Inver Gover Heights Yes Yes None 25' from res, 10 from lot lines 3 No roosters, no killing, no dwelling/garage no breeding, 350' public notice, Lake Elmo Yes Yes .5 acres 20' from non-owner res, rear, gen setbacks 4-22 (sliding)No roosters, no at large, no dwelling/garage, 150' public notice Lexington Yes Yes 10,000 sq. ft.25' from res, rear, 15' from lot lines 4 No roosters, no outdoor killing, no at large, no dwelling/garage, 150' public notice (70% consent) Lino Lakes Ag only No None None Sliding Little Canada No NA NA NA NA Mahtomedi Yes Yes NA 20' from res, rear, 5' from lot lines 6 No roosters, no breeding, need training Maple Grove Yes No 1 acre None 6 per .5 acre Maplewood Yes Yes Not R-1s rear/side, 5' from lot lines 10 no roosters, no killing, 100% neighbor consent, leg bands Mendota Heights Yes Yes No rear/side, 10' from lot lines 4 no roosters, no killing, Minneapolis Yes Yes No 20' from non-owner res, rear 6 roosters need special permit, more than 6 need special permit, no killing, no at large Minnetonka Yes No No not front 1 per .1 acre no roosters, need fence Montrose Ag only No None None None Mounds View Yes Yes No 20' from res, 20' from lot lines 8 no roosters, no killing, not at large, 350' public notice w/ council approval New Brighton Yes No No 25' from res, 5' from lot lines 6 no roosters, no killing, not at large, inform city New Hope Yes No No None 3 no roosters, can get council permit for more Newport Yes Yes No 50' from res, 10' from lot lines 4 no roosters, no breeding, consent of 75% of neighbors within 150' North Oaks Silent NA NA NA NA North Saint Paul No NA NA NA NA Oakdale Yes Yes No No None consent of 75% of neighbors within 150' Otsego Yes Yes No Double setback of principal building 1 per .1 acre Plymouth Ag only No None None None Prior Lake Ag only No None None Sliding Ramsey Yes No .75 acres 30' from res, 10' from lot lines 16 +4 per .25 no roosters Richfield Yes No No None 3 not at large Robbinsdale Yes No No None 2 need City Council permit for more than 2 or roosters Rosemount Yes No No None 3 not at large, may impound and kill Roseville Yes No No Standard None Silent so allow, treat coup as shed. Saint Anthony Ag only No None 500' from platted land None Council can grant special permit. Saint Paul Park Yes Yes No 50' from res, rear, 4 no roosters, no breeding, no killing, not at large, no dwelling/garage Savage Yes Yes No 50' from res, 10' lot lines 4 no roosters, not at large, may impound and kill Shakopee Yes No No 50' from res, 10' lot lines 5 no roosters, not at large, may impound and kill Shoreview Yes Yes R1, RE district 30' from res 4 no roosters, no killing, not at large Shorewood Yes No None Buildable area 6 no roosters, not at large St. Michael Ag only No None None Sliding St. Paul Yes Yes No Standard 15 no roosters, two tiers of permits, for tier 2 need consent of 75% of neighbors within 150' Stillwater Yes Yes RA, RB district Standard 5 no roosters, no killing, not at large, not in house Vadnais Heights Yes Yes No 50' from res, 20' lot lines, rear 5 no roosters, no killing, no dwelling/garage West St. Paul Yes No No 100' from non-owner res 4 no roosters White Bear Lake Yes Yes No 50' from res, 5' lot lines, rear 4 no roosters, no breeding, not at large, CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Discuss Sign Ordinance Update Section 5:00 P.M. ­ WORK SESSION Item No: A.2. Prepared By Kate Aanenson, Community Development Director File No:  SUMMARY The city has received complaints regarding signs that staff has interpreted as protected under the First Amendment.  In consultation with the city attorney, staff is recommending changes to the sign ordinance to provide more clarity to all parties.  BACKGROUND Attached is an article from the League of Minnesota Cities regarding a freedom of speech case, Reed vs. Gilbert, 2015.  This article is a guide to creating a sign ordinance the meets the requirements of the First Amendment for protecting various forms of speech. Any changes to the sign ordinance would require a public hearing before the Planning Commission. DISCUSSION In addition to changes to the sign ordinance regarding freedom of speech, staff is also recommending the following changes: a. Bring into line with recent case law (Reed v. Gilbert, 2015) b. Update Code to reflect current trends and increase flexibility c. Eliminate ambiguous language d. Improve internal consistency in standards and formatting Staff is also looking for direction on the amendment process. Staff recommends that the Economic Development Commission be enlisted to help gather business input and perspectives.  RECOMMENDATION Staff is seeking direction from the City Council regarding the proposed changes. CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectDiscuss Sign Ordinance UpdateSection5:00 P.M. ­ WORK SESSION Item No: A.2.Prepared By Kate Aanenson, CommunityDevelopment Director File No: SUMMARYThe city has received complaints regarding signs that staff has interpreted as protected under the First Amendment.  Inconsultation with the city attorney, staff is recommending changes to the sign ordinance to provide more clarity to allparties. BACKGROUNDAttached is an article from the League of Minnesota Cities regarding a freedom of speech case, Reed vs. Gilbert,2015.  This article is a guide to creating a sign ordinance the meets the requirements of the First Amendment forprotecting various forms of speech.Any changes to the sign ordinance would require a public hearing before the Planning Commission.DISCUSSIONIn addition to changes to the sign ordinance regarding freedom of speech, staff is also recommending the followingchanges:a. Bring into line with recent case law (Reed v. Gilbert, 2015)b. Update Code to reflect current trends and increase flexibilityc. Eliminate ambiguous languaged. Improve internal consistency in standards and formattingStaff is also looking for direction on the amendment process. Staff recommends that the Economic DevelopmentCommission be enlisted to help gather business input and perspectives. RECOMMENDATION Staff is seeking direction from the City Council regarding the proposed changes. ATTACHMENTS: League of Minnesota Cities Sign Ordinance First Amendment Summary of Changes Proposed Amendments City of Hopkins Sign Ordinance This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.lmc.org 7/12/2019 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2019 All Rights Reserved INFORMATION M EMO Sign Ordinances and the First Amendment Learn how to design a sign ordinance for your city that meets the requirements of the First Amendment for protecting various forms of speech. RELEVANT LINKS: I. First Amendment principles Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). The First Amendment protects signs as speech, and, as a result, courts closely review attempts to regulate signs. In 2015, the U.S. Supreme Court decided a seminal case (Reed v. Town of Gilbert) that changed how courts review the validity of sign ordinances. Prior to this decision, courts generally presumed sign ordinances were valid and, in their review, would look to the intent behind the adoption of the ordinance, striking down only those ordinances where the court found evidence that the city “adopted (the sign regulation) to suppress speech with which the government disagreed” (commonly known as content-based). Since Reed, courts now presume that sign ordinances that restrict speech (either expressly or implicitly) are unconstitutional. As a result, courts look first to the effect of the sign ordinance—whether the ordinance regulates signs differently based on the content or message of the sign—before conducting its analysis of the constitutionality of the ordinance. Based upon the court’s determination, the court will apply one of two standards of review to the challenged ordinance. If the ordinance draws distinctions based on the message communicated by the sign, the court reviews these ordinances more harshly than if the ordinance regulates signs and their placement without regard to content. A. Content-based As referenced above, the Reed decision created a two-step analysis to determine if the ordinance restricts speech, commonly referred to as “content-based”: • Does the ordinance’s actual language refer to the content or the message of the sign? • If not, then does evidence exist that shows the city adopted the regulation specifically because of disagreement (or agreement) with the message expressed by the sign? RELEVANT LINKS: League of Minnesota Cities Information Memo: 7/12/2019 Sign Ordinances and the First Amendment Page 2 In Reed, the Town of Gilbert’s sign code required permitting for signs, but then listed out categories or types of signs exempt from permitting, including “political signs,” “ideological signs,” and “temporary directional signs.” The ordinance in Reed also placed different physical restrictions on the separate types of signs. The Supreme Court found this ordinance content-based because the regulation “on its face” looked to the message on the proposed sign to determine how the city would regulate it. As mentioned above, if a court finds the city expressly regulated or intended to regulate a message or content, then the court applies a more rigorous level of review to those ordinances. This heightened level of review is called “strict scrutiny,” and the court will only uphold the ordinance if it furthers a compelling government interest and is narrowly tailored. Courts have found few governmental interests represent justifiable “compelling interests.” As a result, in practice, few, if any, regulations survive strict scrutiny. In the alternative, for sign ordinances that do not regulate the message or content of signs (commonly called “content-neutral”), courts apply a lower standard of review to the reasonableness of regulations and generally uphold regulations that further a significant government interest, as long as reasonable alternative channels for communication exist. As a result, courts uphold ordinances considered content-neutral more often than not. B. Content-neutral As stated above, when a local government’s ordinance is content-neutral, courts review it with a much more relaxed standard, upholding regulations that meet the criteria below (often referred to as reasonable time, place, and manner restrictions). These ordinances: • Do not reference the content of the sign. • Are narrowly tailored to serve a significant governmental interest (rather than compelling interest). • Leave open ample alternative channels for communication of the information. To help avoid challenges when adopting sign ordinances, cities should: Advantage Media, LLC v. City of Eden Prairie, 456 F.3d 793 (8th Cir. 2006). Hensel v. City of Little Falls, 992 F. Supp.2d 916 (D. Minn. 2014). • Not regulate based on content. • Not favor commercial speech over noncommercial speech. • Further substantial government interests, such as traffic safety or aesthetics, without regulating more than necessary to accomplish their objectives. • Leave ample alternative channels for communication, such as limiting the size of signs but still allowing signs. RELEVANT LINKS: League of Minnesota Cities Information Memo: 7/12/2019 Sign Ordinances and the First Amendment Page 3 C. Commercial speech v. noncommercial speech Central Hudson Gas & Elec. v. Public Svc. Comm'n, 447 U.S. 557 (1980). Courts treat commercial speech differently than noncommercial speech and do not afford it the same level of protection. Courts have defined commercial speech as speech that proposes a commercial transaction. Commercial speech enjoys some First Amendment protection but not as much protection as noncommercial speech. Understanding commercial speech versus noncommercial speech can get confusing. Commercial speech is initiated by a person or company who engages in commerce, or is selling something; targets commercial audiences or audiences that are actual or potential consumers; and communicates a message commercial in nature, such as advertisements. Noncommercial speech, on the other hand, includes messages that do not promote commercial products or services, such as a message that has ideological or political content. II. Drafting a sign ordinance Sign Ordinance, City of Hopkins sample. With the First Amendment concerns surrounding sign regulation, the below guidelines will help cities in drafting ordinances. Keep in mind that signs can pose distinct problems subject to a city’s police power, such as taking up space, obstructing views, distracting motorists, and displacing alternative uses for land, so cities can regulate signs, they just must do so cautiously. A. Provisions to include 1. Statement of purpose This section of an ordinance explains the public purpose reason for the sign ordinance and how the city intends to apply the ordinance. The statement of purpose should state clearly that it does not intend to have content-based restrictions or content-based enforcement. Cities find it a best practice for the statement of purpose to delineate the governmental interests spurring the regulations. 2. Substitution clause Adding a message substitution clause may avoid claims that an ordinance favors commercial signs over noncommercial messages. A substitution clause provides that for every commercial sign allowed, any noncommercial message could be legally substituted. Substitution clauses help protect against allegations of discrimination (based on content) because they always allow a noncommercial message on any sign. Many ordinances inadvertently define signs in terms of advertising and, as a result, may be interpreted as allowing only commercial messages. RELEVANT LINKS: League of Minnesota Cities Information Memo: 7/12/2019 Sign Ordinances and the First Amendment Page 4 A substitution clause may correct these mistakes by providing a catch-all allowance of noncommercial messages notwithstanding other provisions. A sample substitution clause reads as follows: “Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs.” 3. Severability clause A severability clause provides that if a court finds any provision of the ordinance invalid, the remainder of the ordinance stands on its own. This clause may prevent a flaw in one part of the ordinance from invalidating the entire ordinance. A sample severability clause reads as follows: “If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.” 4. Election season pre-emption Minn. Stat. § 211B.045. Brayton v. City of New Brighton, 519 N.W.2d 243 (Minn. App. 1994), cert. denied, 514 U.S. 1036, (1995). A city’s sign ordinance should contain acknowledgement of the election season pre-emption required by state law. Under this law, municipalities must allow noncommercial signs of any size or number during election season, which runs from 46 days before the state general primary until 10 days after the state general election. The statute does not define noncommercial sign. One Minnesota case does, however, and states that a “noncommercial opinion sign” is one which “does not advertise products, goods, businesses, or services and which expresses an opinion or other point of view.” Courts consider campaign signs a subset of noncommercial opinion speech. Outside of “election season,” including during non-general election years, a city’s local sign ordinance governs. However, as stated before, even if not election season, local sign ordinances should not have the effect of prohibiting opinion speech. 5. Time, place, and manner regulations Best practices suggest cities should: City of Ladue v. Gilleo, 512 U.S. 43 (1994). Brayton v. City of New Brighton, 519 N.W.2d 243 (Minn. App. 1994). • Adopt sign ordinance regulations based on time, place, and manner concerns, not on content. • Refrain from favoring commercial speech over noncommercial speech. RELEVANT LINKS: League of Minnesota Cities Information Memo: 7/12/2019 Sign Ordinances and the First Amendment Page 5 Examples of content-neutral restrictions include regulations based on size, brightness, zoning district, spacing, and movement. B. Provisions to avoid 1. Unfettered discretion Hensel v. City of Little Falls, 992 F. Supp.2d 916 (D. Minn. 2014). Cities should avoid drafting ordinances that provide discretionary approval by the city staff. Ordinances that give staff discretion to grant or deny have the potential to favor some messages or messengers over others, regardless of whether an abuse of that discretion occurred. Sign ordinances should have transparent and objective permit requirements, making the decision to grant or deny ministerial, as opposed to subjective, in nature. So, for example, cities should avoid provisions allowing staff discretion to deny permits, even if the application satisfies all specific ordinance requirements, or provisions that treat signs as conditional or special uses. 2. Exemptions or favoritism Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). Cities should avoid exempting certain groups or messages, such as church signs or official flags, from permit requirements in the ordinance. Courts construe these types of exemptions as content-based discrimination because a decision is made based on the text, or content, of the sign. Advantage Media v. City of Hopkins, 379 F.Supp.2d 1030 (D.Minn. 2005). Also, municipalities may want to keep in mind that including specific exemptions in sign ordinances often has the effect of “watering down” the proof that the regulation furthers a substantial government interest. For example, if an ordinance includes a prohibition on temporary signs but allows a long list of exemptions, it suggests the city is not really concerned about temporary signs. 3. Over-defining signs Cities should avoid drafting ordinances in ways in which noncommercial speech inadvertently gets treated less favorably than commercial speech. For example, some cities have run into trouble by defining a “sign” as “advertising.” A court’s analysis would be as follows: • The city ordinance defines signs as advertising devices. • The ordinance allows signs as defined. • The ordinance, by its definition of signs as advertising, prohibits all other types of signs. This arguably prohibits noncommercial speech, violating the First Amendment. RELEVANT LINKS: League of Minnesota Cities Information Memo: 7/12/2019 Sign Ordinances and the First Amendment Page 6 C. Include procedural protections Cities that require permitting should include certain procedural safeguards in their ordinance, such as a: FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990). • Specification of the time within which the city will grant or deny a permit, keeping in mind judicial preference for brevity in the response time. • Requirement that, if the city denies the permit, the applicant has access to prompt judicial review. III. Common sign ordinance issues A. Off-premise advertising (billboards) Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981). Advantage Media, LLC v. City of Eden Prairie, 456 F.3d 793 (8th Cir. 2006). Off-premise advertising consists of commercial signs that advertise for a business located somewhere else than at the location where the sign is placed. Large, freestanding billboards create unique problems for land use planning and development precisely because their design intends for them to stand out from their surroundings. Courts have found a legitimate local governmental interest in controlling the size and location of billboards, but not in controlling the sign’s communicative aspects. Indeed, billboards can distract drivers, posing real danger to both motorists and nearby pedestrians and justifying regulation. City of Cottage Grove v. Ott, 395 N.W.2d 111 (Minn. App. 1986). In Minnesota, the court has upheld a sign ordinance that completely prohibited off-premise commercial advertising, but, did so cautiously and only because the ordinance did not regulate noncommercial signs. Because of the scrutiny applied in regulating speech, cities should use caution in adopting complete billboard prohibitions and work with their city attorneys. B. Flags Texas v. Johnson, 491 U.S. 397 (1989). Young v. City of Roseville, 78 F.Supp.2d 970 (D. Minn. 1999). Courts have recognized that the display of flags can constitute expressive conduct protected under the First Amendment as well. Cities should use caution if regulating flags to avoid favoring some types of flags (particularly the United States flag) over other flags. Use of a substitution clause helps in these instances: if one type of noncommercial flag would be acceptable, any noncommercial flag should be allowed. C. Yard signs, including political signs City of Ladue v. Gilleo, 512 U.S. 43 (1994). Goward v. City of Minneapolis, 456 N.W.2d 460 (Minn. App. 2990). Courts have deemed yard signs constitutionally protected. Best practice suggests avoiding total bans on noncommercial lawn signs in residential areas, and using caution in adopting provisions that may favor some messages over others. RELEVANT LINKS: League of Minnesota Cities Information Memo: 7/12/2019 Sign Ordinances and the First Amendment Page 7 For example, exemptions from sign regulations for real estate signs or construction project signs favor commercial speech over noncommercial speech. However, general limitations on the number and size of signs have withstood constitutional challenges since such limitations have nothing to do with a sign’s message, and they further governmental interests in protecting property values, preventing distractions for drivers, or avoiding clutter. Again, as stated before, a city’s sign ordinance should contain acknowledgement of the election season pre-emption required by state law. Under this law, municipalities must allow noncommercial signs of any size or number during election season, from 46 days before the state general primary until 10 days after the state general election. D. Electronic signs La Tour v. City of Fayetteville, Ark, 442 F.3d 1094 (8th Cir. 2006). State v. Dahl, 676 N.W.2d 305 (Minn. App. 2004). Electronic signs present new challenges, especially with ever-changing technology capable of new levels of brightness, movement, flashing, and potential distraction. Most sign ordinances do not adequately address these issues and how they may impact traffic safety or aesthetics. Courts have upheld regulations on electronic or flashing signs, so long as the regulations are not tied to the content of the signs, serve a substantial governmental interest, and leave open ample alternative channels for communication. For example, courts have found that allowing non-electronic signs, or even operating the electronic sign in a non-flashing mode, represents ample alternatives. E. Signs adjacent to highways Minn. Stat. Ch. 173. Minn. Stat. 160.2715. Minn. DOT Billboard Permits and Guidance. Minn. DOT Community and Guide Signage. Minnesota statutes specifically regulate signs adjacent to highways. Minnesota law states, in part, that it is unlawful to paint, print, place, or affix any object within the limits of any state highway; but provides for some specific signage that meets certain Department of Transportation criteria. Furthermore, Minnesota’s Outdoor Advertising Control Act prohibits advertising devices on private land without the consent of the owner or occupant; on public utility poles; on trees or shrubs; and by painting or drawing on rocks or natural features. IV. Further assistance LMC Research Department, 651-281-1200 Due to the complexity of regulating signs, cities should work with their city attorneys to draft and review such ordinances. City attorneys also can examine the law for possible exceptions to these general rules about sign ordinances and the First Amendment. The League of Minnesota Cities’ Research Department can provide assistance and sample ordinances. 1. Goal a. Bring into line with recent case law (Reed v. Gilbert) b. Update code to reflect current trends and increase flexibility c. Eliminate ambiguous language d. Improve internal consistency in standards and formatting 2. Major Discussion Points a. Sec. 20-1255(3) Allow artistic/noncommercial displays if not an nuisance. Existing was message based and would violate Reed. Also with 40 days per holiday, they could be up 24/7 regardless. Best solution I could come up with is to alter the definition of signs to exclude noncommercial art and displays and then delete? b. Sec. 20-1255(6), (9), and (10)(c) I moved these into Sec. 20-1257 and created a new class of temporary signs allowed by permit. We’ve had issues with these types of signs not meeting code. We often end up reviewing the locations anyways. We don’t track when they go up so it is hard to enforce when they should come down. A $35 permit for the duration of the project isn’t onerous on developers, ensures fair treatment, provides review mechanism between us and engineering, and lets us track these signs. i. Within new section: removed 10 unit per acre threshold and language that favored residential over non-residential development. Applied temporary project development advertising sign standards to temporary construction signs. c. Sec. 20-1255(8) gives rummage sale sign preferential treatment over all other types of signage. Not allowed by Reed. Replaced with general “Temp. nonillumianted signs in single-family residential district” provision allowing up to two 16 sq. ft., 5’ high signs. This allows miscellaneous speech previously allowed by exemption or Sec. 20-1255(7) d. Sec. 20-1255(10)(a-b) and 12 Created “Temp. nonillumianted signs in non-single-family residential districts category. Allowed all leasing/sale/help wanted 100 sq. ft. banner, 32 sq. ft. free standing (10’ max height), and use of window signs. Removed 10+ acre threshold for 16 to 32 sq. ft. size increase. e. Sec. 20-1255(15) Added awning signs to list of signs allowed without a permit. Sec. 20- 1259(3) implies that these signs are allowed, but the are never expressly addressed in code. Treating them as wall signs means you can’t have them because you don’t meet ½” requirement. Since awning replacement doesn’t require a permit, these often go up without our being consulted. When asked we usually allow as “art”. Added with conditions that they don’t cover more than 50% of awning area and do not exceed total permitted wall sign area. f. Sec. 20-1259(3) removed prohibition on projecting signs. Added to list of permitted signs for CBD only as it is most walkable district (Sec. 20-1303(7). g. 20-1267(a) removed uniform signage requirement for multi-tenant buildings. This is standard is either unworkable subjective or just general design standards in a developments comprehensive sign plan (i.e. 5” letters, in sign band, etc.). I cannot see a situation where we would deny a sign that met all requirements of the code and development sign plan because it didn’t look similar enough to another tenant’s sign that all met the requirements. h. Sec. 20-1267(a)(1) Individual dimensioned letters changed to dimensioned elements. Removed 30% logo and 20% company symbols, display, pictures, illustrations, etc. exemptions and replaced with a 50% must be dimensioned standard. Achieves goal of not having flat cabinet signs, but grants more flexibility in size and composition. Only issue is how we would treat a sign that is just a flat logo… arguably could call it a channel letter/symbol. i. Sec. 20-1267(a)(2) removed compatible with other signage language, see rational under “g” above. j. Sec. 20-1267(b)(2) and (4) treated same as wall signs, see rational under “h” above. k. Sec. 20-1275(f) drafted standards for projecting signs requiring 10’ from ground level, 4’ maximum projection, and 2’ setback from the curb. l. Sec. 20-1276(11) Clarified that EMC can only be mounted on pylon/monument signs. Code was silent, but I believe this was the intent. m. Sec. 20-1302(2)(a) Removed the one wall business sign standard. Main goal is to keep total signage under the total display area, does it create an issue if the business name is in one place and logo in another? n. Sec. 20-1302(3) Should we add an intent statement to clarify why government property is entitled to this exemption while similar private/non-profit entities are not? o. Sec. 20-1302(3)(c) removed unique standards for government EMC signs and referred to general standards (largely identical save government EMC’s were exempted from ratio requirements and allowed a flat 40 sq. ft.). To avoid giving them preferential treatment, I added a 35% EMC display limit for signs 81-120 sq. ft. (only gov. signs are allowed to be this large) to the EMC table… this does mean that smaller government signs get less EMC area than previously. p. Sec. 20-1303(3) and Sec. 20-1304(3) rewrote to use language from 20-1302(2) standard were similar and no reason to sue different format. A no product advertising clause was added as I cannot see why we would allow product advertising wall sings in any district. q. Sec. 20-1303(4) renamed to restaurant drive-through signs. Added preorder boards to list of permitted signage and established maximum display areas of 12 sq. ft. for those signs. Caped display area height at 8’ which will allow rain shields/awnings that exceed that height limit (higher clearance needed for vehicles). 3. Minor Discussion Points a. Sec. 20-1253 Replace hardship with practical difficulties. As sign’s are under zoning code, I believe the 2011 change to a practical difficulty standard should apply to sign variances as well as land use. b. Sec. 20-1255(1) replaced political campaign signs with noncommercial sign exemption. This replicates the state’s language which expressly includes option signs as well as campaign signs. The existing heading was a source of confusion. c. Sec. 20-1255(2) Changed to allow approval of additional directional signs as part of site plan or administratively by community development director. Council approval for an extra directional sign is an excessive level of review, especially considering we can administratively approve a 10% addition to building size. Removed “c” as these situations could be resolved through site plan or development director clause. d. Sec. 20-1255(4) Moved to Division 2 to require permit. No reason these shouldn’t be evaluated and treated like menu boards. e. Sec. 20-1255(7) Attorney advised language is ambiguous. We’ve used this section to allow miscellaneous free speech. I believe intent was to allow government to post signs without permits. Revised to reflect this. f. Sec. 20-1255(11) Reed says we can’t single out off premise open house signs for special treatment. Use can be accommodated under revised Sec. 20-1255(8) g. Sec. 20-1255(13) LMC guidelines say corporate flags can’t be given special treatment so I changed to just 1 flag per business. h. Sec. 20-1255(14) Moved pick up signs to Division 2 to require permit. We would want to evaluate location and ensure compliance with standards, similar to fuel price and menu boards. i. I realize I wrote the amendment that added this section and previously advocated for no permit… I think past me was incorrect in this. Whoops. i. Sec. 20-1259(2) removed barber pole exemption. CUP is high bar for a sign and no reason is given for why this moving sign is granted special treatment. j. Sec. 20-1265(g) moved window signs to signs allowed without a permit (Sec. 20- 1255(14)). Didn’t make sense to have something setting standards for signs we allow without a permit to be in location restrictions rather than signs allowed without a permit. i. Broke standards into letter subsections to improve readability. k. Sec. 20-1267(a)(3) merged company logo dimensioned exemption into revised general exemption in Sec. 20-1267(a)(1) l. Sec. 20-1267(b)(4) added lighting standard for illuminated monument signs identical to what are in place for wall signs. m. Sec. 20-1302(2)(b) and (d) The content limitations in (c) are largely duplicated in (d) so I have removed them. I also expanded them to mirror what is allowed in the other commercial/industrial districts. I do not know that there is a compelling reason to allow display messages, pectoral presentations, illustration, or decorations in other districts but not the OI, BF, or BN. Also minor formatting error where (d) is listed as 3. n. Sec. 20-1302(4) and (5), and Sec. 20-1303(5) and (6) moves motor fuel price signs and pick up signs from no permit to permit see “d” and “h” above. o. Sec. 20-1303(1) added per parcel to clarify “on pylon identification sign shall be permitted”. We have them on individual parcels, and have developments with multiple pylon signs. 4. Other Proposed Changes a. Sec. 20-1251(a)(7) Expanded purpose statement to include all signs and displays, not just commercial. b. Sec. 20-1251(c) Added severability clause. Just good practice. c. Sec. 20-1254(a) Added minor maintenance exemption from permit requirement. d. Sec. 20-1254(b)(7) Added lamp wattage and luminance level to information required for permits. Only required for EMC, but we limit for all illuminated signs. e. Sec. 20-1254(8) added language to mirror fee provisions in other areas of the Code. f. Sec. 20-1254(9) rewrote to reflect permitting language in other areas of the code. g. Sec. 20-1255(5) Separated out Integral and Address signs. With 12” minimum height for address letters outside of single-family buildings with four digit addresses could be unable to comply. h. Sec. 20-1256 Added advertising to heading to separate out from new temporary sign with permit subsection. i. Sec. 20-1258 replaced division with article (sign code has 2 divisions, should apply to both) and replaced he with they (inclusive). j. Sec. 20-1259(6) added sections 20-1256 (existing) and 20-1257(proposed) to list of sections allowing temporary signs. k. Sec. 20-1267(2)(b) removed neon from opening since subsequent language makes it clear it applies to neon and LED signage. l. Sec. 20-1268 added same location and design regulations to substation clause to clarify that non-commercial signs are subject to same setbacks, brightness limits, etc. m. Sec. 20-1301(2) added 10’ property line setback to standards to clarify they are subject to general location requirements. Also cleaned up language where start by saying “only one” but then provide standards for “more than one” two sentences latter by removing “only one”. n. Sec. 20-1301(2) and (3) added 10’ property line setback to standards to clarify they are subject to general location requirements. o. Sec. 20-1302(3)(b) removed reference to EMC CUPs as they are not longer required. ARTICLE XXVI. - SIGNS[19] Footnotes: --- (19) --- Editor's note— Section 1 of Ord. No. 231, adopted Jan. 9, 1995, amended Art. XXVI in its entirety to read as herein set out. Prior to amendment, Art. XXVI contained §§ 20-1251—20- 1277 and 20-1301—20-1305, which pertained to similar subject matter and derived from Ord. No. 80, adopted Dec. 15, 1986; Ord. No. 90, adopted March 14, 1988; and Ord. No. 92, adopted July 11, 1988. DIVISION 1. - GENERALLY Sec. 20-1251. - Purpose and findings. (a) Purpose. The purpose of this sign ordinance is intended to establish an effective means of communication in the city, maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: (1) Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; (2) Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; (3) Ensure that signs do not create safety hazards; (4) Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; (5) Preserve and protect property values; (6) Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; (7) Limit Provide an opportunity for temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs and displays which create continuous visual clutter and hazards at public right-of-way intersections. Eliminate reference to content in statement of purpose per LMC guidelines in response to Reed. (b) Findings. The city finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further the city finds: (1) Permanent and temporary signs have a direct impact on, and a relationship to, the image of the community; (2) The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community; (3) An opportunity for a viable identification of community business and institutions must be established; (4) The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; (5) Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective firefighting and other emergency service; (6) Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and, thereby, undermine economic value and growth; (7) Uncontrolled and unlimited signs, particularly temporary signs, which are commonly located within or adjacent to public right-of-way, or are located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information. (c) Severability. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article. Just in case we ever lose a challenge. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1252. - Permit and variance fees. Fees for sign permit applications and variance requests shall be imposed in accordance with the fee schedule established by city council in chapter 4 of this Code. The intent of this section is to recover costs associated with administering this article. Permit fees shall reflect the costs of reviewing and processing permits, as well as costs associated with periodic enforcement activities and compliance checks. (Ord. No. 231, § 1, 1-9-95; Ord. No. 377, § 138, 5-24-04) Sec. 20-1253. - Variances. The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship practical difficulty; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article. Written application for a variance shall be filed with the planning department and shall be supplemented with reproducible copies of the proposed sign. The application shall be processed in conformance with the public hearing requirements dictated for variances in section 20-29. No variance shall be granted by the city council unless it has received the affirmative vote of at least simple majority of the full city council. -Should this be practical difficulties? I think since sign variances are located within the zoning code the 2011 state change from hardship to practical difficulties would apply to sign variances as well? (Ord. No. 231, § 1, 1-9-95) Sec. 20-1254. - Permit generally. (a) Except for minor maintenance or as provided in section 20-1255, no sign or sign structure shall be erected, constructed, altered, rebuilt or relocated until a permit has first been issued by the city. Do we want to clarify that minor maintenance is permitted? Generally issues come with replacing a panel/letter with identical or substantively identical copy. (b) The following information for a sign permit shall be supplied by an applicant if requested by the city: (1) Name, address and telephone number of person making application. (2) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. (3) Plans, location, specifications, materials, method of construction and attachment to the buildings or placement method in the ground. (4) Copy of stress sheets and calculations. (5) Written consent of the owner or lessee of any site on which the sign is to be erected. (6) Any electrical permit required and issued for the sign. (7) Such other information as the city shall require to show full compliance with this chapter and all other laws and ordinances of the city. Information may include, but is not limited to, such items as color, and material samples, and lamp wattage and luminance level in candles per square meter (Nits). Only listed as required for EMC signs… but we limit Nits for neon and other illuminated signs… may make sense to explicitly list it is a possible requirements. Also I always like adding “but is not limited to” as a CYA in case we need something we never thought of before. (8) Receipt of sign permit fee as established by the city council. Probably not needed, but this mirrors language in other areas of the code. (9) The planning director, upon the filing of any application for a permit, shall examine such plans, specifications and other data. If the proposed sign complies with this article and other applicable ordinances, the city shall issue a sign permit unless city council approval is required. If city council approval is required, the matter shall be promptly referred to the council for action. Any sign permit application that fails to meet the requirements of this article shall be denied by the community development director. This language seems out of keeping with similar sections of the code. I substituted it for the language used in Sec. 20-91 for zoning permits. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1255. - Signs allowed without permit. The following signs are allowed without a permit: (1) Political campaign signs. Noncommercial sign exemption. All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election and 13 weeks prior to any special election until ten days following the special election, subject to following limits: Temporary political campaign signs are permitted according to the following: 211B.045 exempts all Noncommercial signs, also under Reed we can’t treat a sign that says “Vote for X” differently than one that says “This issue is important”. With this change we’d want to remove political campaign sign definition. a. The sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal. b. Signs are not permitted in the public right-of-way, or within the sight triangle. c. Shall comply with the Fair Campaign Practices Act contained in M.S. § 211B.045. d. The city shall have the right to remove and destroy signs not conforming to this subsection. e. Permitted from 46 days before the state primary in a state general election year until ten days following the state general election and 13 weeks prior to any special election until ten days following the special election. f. No such sign shall be located within 100 feet of any polling site. g. Sign shall be located on private property with permission of the property owner. (2) Directional signs. Unless otherwise approved through the site plan review process, the following standards apply to directional signs: I would just handle all onsite directional signs under “a” and if they really need a larger sign they can ask for a variance or address the directional signage as part of the PUD or site plan (for future developments). a. On-premises signs shall not be larger than four square feet. The maximum height of the sign shall not exceed five feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. No more than four signs shall be allowed per lot. The community development director city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. With the rise of pick up/to go services I can see a lot of shopping centers, especially those with multiple restaurants, exceeding this limit. I also can see that we would want to control the proliferation of these and not have 100 signs per property. The City Council seems like a pretty high level of review for adding a couple extra signs, could we instead handle it administratively? b. Permanent off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the city council. Temporary off-premises signs are prohibited, unless otherwise specified in this chapter. c. On-premises signs for industrially zoned land in excess of 40 acres shall not exceed 12 square feet. The maximum height of the sign shall not exceed five feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties or the general appearance of the site from public right-of-way. No more than four signs shall be allowed per site. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. (3) Community signs or displays which contain or depict a message pertaining to a religious, national, state or local holiday or event and no other matter, and which are displayed for a period not to exceed 40 days in any calendar year. My understanding of Reed is that because this ordinance treats certain types of speech differently than other types of speech it would be subject to strict scrutiny and, likely, deemed to violate the 1st amendment. Also, if this is read to be each holiday sign gets a 40 day display period the number of holiday means that they can have any number of signs up for any length of times, if it is read to be 40 day cumulative… we can’t track or enforce this. Unfortunately, our definition of sign is very broad and would technically encompasses things like nativity scenes which we do not want to prohibit… not sure how to reconcile this… maybe changing definition so noncommercial displays are not considered signs and just deleting this? (4) Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four square feet in sign display area. When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed 30 percent of the total sign display area of the sign. I think this should be moved to Division 2. We’d want to evaluate these and treat these the same as menu board signs which are placed under the appropriate districts within Division 2. (5) Nameplate or integral signs not exceeding two square feet per building and does not include multi-tenant names. Integral signs bearing the name or function of the building not exceeding two square feet per building. (6) Address signs listing the street number of a building’s address as required by section 7-63. I think we should revaluate this… we define nameplate signs to include address signs, but section 7-63 requires address numbers to be a minimum of 12” high on commercial/industrial/multi-family buildings and many of these buildings have 4 digit addresses and may exceed the 2 square foot limit. The proposed change would require deleting the definition of nameplate sign and adding a definition for address signs (6) Nonilluminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. See note at end of section. (7) Signs of a public, noncommercial, nature, Informational signs erected by a governmental entity or agency, including safety signs (O.S.H.A.), directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like. Signs shall not exceed 16 square feet. In recent sign complaint attorney noted that comma use made this ambiguous. While we have consistently used this provision to allow for political speech or “my kid is an honor student” type signs, I believe the original intent was likely only to allow governments to erect signs. (8) Rummage (garage) sale signs. Rummage sale signs shall be removed within two days after the end of the sale and shall not exceed four square feet. Rummage sale signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this subsection. The city may assess a fee in the amount established in chapter 4 of this Code for sign permits for each sign removed by the city. Temporary nonilluminated signs in single-family residential districts. The maximum sign display area shall not exceed 16 square feet. The maximum height of signs shall be five feet from the ground. The total number of signs shall not exceed two per property. Signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs located within the public rights-of-way. LMC guidelines note that all yard signs are constitutionally protected, I think we’d also run into problems with Reed if we said you can have a rummage sale sign, but not a similarly sized lemonade stand sign or politically oriented sign. The LMC also notes that real estate signs cannot be treated more favorably than other types of speech (this creates a preference for commercial speech over noncommercial). No fee for sign removal is currently established, nor do I think we would actually want to fine residents for placing garage sale signs in the ROW. Also do we want to establish a maximum number of signs per property? (9) Temporary development project advertising signs erected for the purpose of selling or promoting any nonresidential project, or any residential project of ten or more dwelling units, located in the City of Chanhassen, shall be permitted subject to the following regulations: a. Not more than one nonilluminated sign per street frontage, provided that the total number of signs do not exceed two per project. b. Such signs shall only be located along streets that provide primary access to the project site. c. Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. d. No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. e. Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. f. Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. g. Such signs shall be removed when the project being advertised is sold or leased, or after three years. The planning director may permit a sign for longer than three years if the project being advertised is not sold or leased. h. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. See note at end of section. (10) Temporary nonilluminated signs in non-single-family residential districts. The following are permitted without a permit: I think we are best served by creating a category for these that separates them based on location rather than content and then staying consistent within the district. I) Temporary real estate signs which advertise the sale, rental or lease of real estate subject to the following conditions: a. On-premises real estate signs advertising the sale, rental or lease of the premises upon which the sign is located. 1. One nonilluminated sign is permitted per street frontage. 2. A banner shall not exceed 100 square feet of display area and must be affixed to the principle structure. Added banner unless we have reason to treat employment signs more favorably than leasing signs. 3. Sign display area shall not exceed 16 square feet per sign on property containing less than ten acres in area, and 32 square feet per sign. on property containing ten or more acres. Free standing signs shall not 32 square feet of sign display area, and the height of such signs shall not No such sign shall exceed ten feet in overall height, nor shall they be located less than ten feet from any property line. We allow 32 sq. ft. of signage for detached signs without reference to the size of the development or size of hosting property. It seems odd that they could host a larger sign for a neighboring parcel than they would be allowed for themselves. (i.e. we have a 9 acre industrial district with 3 parcels… each would be limited to 16 sq. ft., but could host the other parcel’s 32 sq. ft. sign) Merged size, height, and setback. 4. All temporary real estate signs shall be removed within seven days following sale, lease or rental of the property. 5. Window signs advertising the sale, rental or lease of a building are permitted subject to the conditions of subsection 20-1265(g). 20-1255(14). I moved the window sign provisions. b. Off-premises real estate signs advertising the sale, rental or lease of business and industrial buildings: 1. One nonilluminated sign is permitted per building. 2. Such signs shall only be permitted in business and industrial districts, and on property located within the same subdivision or development as the building being advertised. 3. Such signs shall not be located closer than 100 feet from any other such sign located on the same side of the street. 4. Sign display area shall not exceed 32 square feet, and the height of such signs shall not exceed ten feet. 5. Such sign shall be setback at least ten feet from any property line. 6. Such signs shall be removed within seven days following the lease or sale of the building floor space which it is advertising. 7. Provide Must receive written permission of property owner. Permits are not needed so we don’t have a mechanism to require/process this. c. Off-premises directional signs which show direction to new residential developments in accordance with the following. The intent of this subsection is to allow short-term signage, for residential development, to familiarize the public with the new development. 1. Such sign shall only be permitted along major arterials and collectors as identified in the comprehensive plan. 2. Only one sign per corner of an intersection per development shall be permitted. There shall not be more than four signs per intersection. Signs shall not be located in any site distance triangle, measured 30 feet from the point of intersection of the property line. 3. Sign display area shall not exceed 32 square feet and the height of such signs shall not exceed ten feet. 4. Such sign shall not be located closer than ten feet from any street right-of-way line, and shall be firmly anchored to the ground. 5. Written permission must be obtained from the property owner upon whose land the proposed sign is to be located. 6. Such sign shall be nonilluminated and kept in good condition. 7. Such sign shall be removed 12 months after the sign has been erected. A sign shall be permitted for each phase of a development. 8. Signs for home promotions (Parade of Homes, Spring Preview, etc.) shall be limited to four square feet and shall be permitted only for the duration of the event. See note at end of section. (11) Off-premises sign for open house, house for sale or rent, parade of homes, etc. Such signs shall be removed within two days after the end of the event and shall not exceed four square feet. The property owner upon which a sign is located shall provide their approval. The signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this section. The city may assess a fee in the amount established in chapter 4 of this Code for sign permits for each sign removed by the city. Under Reed we can’t give these preference to these types of signs. They would be covered under revised (8). (12) II) Employment opportunity signs; (help wanted) which advertise job opportunities for a specific location upon which the sign is located subject to the following conditions: a. One nonilluminated sign is permitted per street frontage. b. A banner shall not exceed 100 square feet of display area and must be affixed to the principle structure. c. Freestanding signs shall not exceed 16 32 square feet of display area and eight 10 feet in height. Standardized 32 sq. ft. and 10’ in height as that is what leasing/real estate are allowed… I think we would need an articulated reason to treat the two differently. d. No such sign shall be located less than ten feet from any property line. e. All temporary employment opportunity signs shall be removed within seven days after the posted position has been filled. f. Window signs advertising job opportunities are permitted subject to the conditions of subsection 20-1255(14). Added window signs as they are expressly mentioned for real estate/leasing signs. (13) Corporate flags are limited to one per business. Per LMC guidelines cannot give preference to one type of flag over another (i.e. can’t say they can have advertising flag with company logo but not Olympic flag). (14) Pickup signs; big box retailers and grocery stores are allowed one sign to designate an area of the parking lot for pickup/driveup loading of goods purchased in advance subject to the following conditions: a. The pickup sign must be located within the parking lot and the placement of pickup sign shall be so located such that the sign does not adversely affect adjacent properties or navigability of the parking lot (including sight lines, confusion of adjoining ingress or egress) or the general appearance of the site from public rights- of-way. b. No more than one pickup sign shall be allowed per business c. The pickup sign may not exceed 13 feet in height. d. The pickup sign's base shall be not more than two feet wide on a side, and no portion of the sign may project beyond the base. e. The pickup sign is limited to four square feet of display area per sign face, and no more than 30 percent of the display area shall be used for the business logo or identification. f. Businesses with a drive-through facility may not also have a pickup sign. I think this should be moved to Division 2 similar to menu signs. (14) Window signs are permitted subject to the following standards: a. Shall not cover more than 50 percent of the total window area in which they are located, with the total window area being interpreted as the total window area for that face of the building. b. In no case shall the total window sign area exceed the permitted wall sign area defined in this article for said district. c. Buildings with less than 32 square feet of window area are exempt from section 20-1255(14)(b) Is that how that provision has been understood, or did it also exempt them from (a)? d. Signage visible through windows shall not move, blink, flash, scroll, have any but constant illumination, when illuminated, nor be excessively bright. (15) Awning signs are permitted subject to the following standards: a. Shall not cover more than 50% of the total awning area in which they are located. b. In no case shall the total awning sign area exceed the permitted wall sign area defined in this article for said district. Sec, 20-1259(3) implies they would be allowed, but they are never listed as a thing permitted by permit or without. Every time someone proposes one of these we end up debating if it is allowed or not. Typically we usually tell them that it is “art” and okay or not allowed because it is a wall sign not meeting the ½” standard. Since permits are not needed to replace an awning, we’ve had at least one case where awning signs just went up. My best idea would be to treat these like window signs… no permit no more than 50% of awning can be signage. Note: I think the highlighted sections should be moved to Sec. 20-1257 (new section for temporary new development signage). We’ve had issues were developers exceed these standards and then neighboring developments who ask what they are allowed express frustration that someone else has a bigger sign. I also think we would want to evaluate and verify the placement of off sight directional signage and ensure that it is actually being placed outside of the right-of- way. I think similar logic applied to the temporary construction sign. Often we have to review the placement and size of these signs (I’m thinking about The Park and the Bluffs at Lake Lucy) and a formal permit makes more sense. Since we could issue one permit for the whole development, it shouldn’t be too much of a burden for developers and the cost would reflect the work Planning and Engineering need to do to verify location ($35.00 fee for temp permit). (Ord. No. 231, § 1, 1-9-95; Ord. No. 252, § 1, 4-8-96; Ord. No. 377, §§ 139, 140, 5-24-04; Ord. No. 423, §§ 9, 10, 6-12-06; Ord. No. 431, § 2, 9-25-06; Ord. No. 459, § 1, 9-24-07; Ord. No. 468, § 1, 8-11-08; Ord. No. 507, §§ 4, 5, 6-28-10; Ord. No. 510, § 1, 9-13-10; Ord. No. 632, § 18, 6-11-18) Sec. 20-1256. - Permit for temporary advertising signs, searchlights, banners, etc. Temporary signs are permitted as follows: (1) Banners attached to the principal structure shall not exceed 140 square feet. (2) Detached banners shall not exceed 32 square feet and six feet in height. (3) Portable signs shall not exceed 32 square feet and six feet in height. (4) All temporary signage shall meet the following standards: a. A 30-day display period to coincide with the grand opening of a business or a new development (business park or shopping center which shall be in addition to subsection (4)b.). b. A business may display an attached or detached banner or portable sign on up to four occasions per calendar year, with a maximum ten-day display period for each occasion. c. Messages must relate to on-premises products or services, or any noncommercial message. d. Attached banners, detached banners and portable signs must be located on the property which is owned or leased by the business which the sign is advertising. Nonprofit and governmental event banners are excluded from this provision. e. Portable signs and detached banners shall not be located in the public right-of-way. f. Portable signs and detached banners are limited to the driveway entrance area. g. No more than one portable sign or detached banner shall be permitted per entrance at any given time. (5) Inflatable advertising devices are permitted according to the following: a. For each site or center, two occasions per calendar year with each occasion not to exceed seven days. b. Written authorization from the property owner or their designee must be submitted with the sign permit application. c. Sign permit issued by city. d. Maximum height of the inflatable shall be 25 feet. (6) Flashing or blinking portable signs, stingers, and pennants are not permitted. (7) Large flags flown in high winds may cause a noise nuisance and are subject to removal upon complaint from residents or businesses. (8) The use of searchlights shall be limited to three occasions per year with each occasion not to exceed two days. The use of searchlights shall be controlled in such a way so as not to become a nuisance. Searchlights may not be illuminated between the hours of 12:00 midnight and 6:00 a.m. (Ord. No. 231, § 1, 1-9-95; Ord. No. 468, § 2, 8-11-08; Ord. No. 485, § 1, 10-12-09; Ord. No. 545, § 1, 6-25-12) Sec. 20-1257. - Reserved. Permit for temporary new development signs Temporary signs for new developments are permitted as follows: 1) Temporary development project advertising signs erected for the purpose of selling or promoting any nonresidential project, or any residential project of ten or more dwelling units, located in the City of Chanhassen, shall be permitted subject to the following regulations: Not sure the 10 unit requirement makes sense, we’d allow a BN project with 15,000 sq. ft. potentially located adjacent to a residential neighborhood to have a 64 sq. ft. 15’ high sign, but a 3 acre (9 unit) RSF project would not be allowed any signage; however, a 1.25 acre (10 unit) R-8 project next to the RSF could also have signage, etc. The 100’ distance and other provisions should keep this from being used in lot split situations we could do a 3 unit min or we could do a 5 unit minimum to make sure it is associated with a new public street. a. Not more than one nonilluminated sign per street frontage, provided that the total number of signs do not exceed two per project. b. Such signs shall only be located along streets that provide primary access to the project site. c. Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. d. No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. e. Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. f. Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. g. Such signs shall be removed when the project being advertised is sold or leased, or after three years. The planning director may permit a sign for longer than three years if the project being advertised is not sold or leased. h. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet 2. Off-premises directional signs which show direction to new residential developments in accordance with the following. The intent of this subsection is to allow short-term signage, for residential development, to familiarize the public with the new development. My understanding is we can’t favor residential development over commercial/industrial development. Our intent statement could easily apply to both types… i.e. the public will want to know about new industrial park/regional mall just as much as new single-family neighborhood or standalone apartment building. a. Such sign shall only be permitted along major arterials and collectors as identified in the comprehensive plan. b. Only one sign per corner of an intersection per development shall be permitted. There shall not be more than four signs per intersection. Signs shall not be located in any site distance triangle, measured 30 feet from the point of intersection of the property line. c. Sign display area shall not exceed 32 square feet and the height of such signs shall not exceed ten feet. d. Such sign shall not be located closer than ten feet from any street right-of-way line, and shall be firmly anchored to the ground. e. Written permission must be obtained from the property owner upon whose land the proposed sign is to be located. f. Such sign shall be nonilluminated and kept in good condition. g. Such sign shall be removed 12 months after the sign has been erected. A sign shall be permitted for each phase of a development. h. Signs for home promotions (Parade of Homes, Spring Preview, etc.) shall be limited to four square feet and shall be permitted only for the duration of the event. If we allow 4 sq. ft. signs for one type of event, but not others we can have issues. They can put these up in residential under the proposed everyone gets 16 sq. ft. rule without a permit. In terms of along the road etc… they already put them in the ROW which is prohibited but not enforced, so there would be no practical difference. (3) Nonilluminated construction signs confined to the site of the construction, alteration or repair. a. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. b. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. c. Such signs may not exceed 64 square feet in display area. d. Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. e. No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. f. Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. g. Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. h. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. Pulled the language over from temporary project development advertising sign. We don’t have a compelling reason to favor one type of sign over the other, especially as we allow/require them to be combined. Sec. 20-1258. - Legal action. If the city planning director or an administrative officer finds that any sign regulated by this division article is prohibited as to size, location, content, type, number, height or method of construction; or erected without a permit first being granted to the installer of the sign to the owner of the property upon which the sign has been erected or is improperly maintained, or is in violation of any other provision of this chapter, he they shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within ten calendar days following receipt of said notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. (Ord. No. 231, § 1, 1-9-95) There are two divisions within the sign ord. as written this would only apply to division 1, but not division 2 which contains permanent sign standards. Sec. 20-1259. - Prohibited signs. The following signs are prohibited: (1) Advertising or business signs on or attached to equipment, such as semitruck trailers, where signing is a principal use of the equipment on either a temporary or permanent basis. (2) Motion signs and flashing signs, except barber poles, which may be permitted by conditional use permits (see sections 20-231 through 20-237). I like barber poles; however, I don’t think we actually want to go through a CUP process for a barber shop poll, nor do I think we would want to try to defend why one type of business is allowed moving signs but no one else is. (3) Projecting signs, not including awning or canopies as defined in this chapter. I feel like these are acceptable with appropriate design standards. (4) Roof signs, except that a business sign may be placed on the roof, facia or marquee of a building provided it does not extend above the highest elevation of the building, excluding chimneys, and provided: a. Roof signs shall be thoroughly secured and anchored to the frames of the building over which they are constructed and erected. b. No portion of roof signs shall extend beyond the periphery of the roof. (5) Wall graphics and design treatments depicting corporate logos and company symbols. (6) Temporary signs or banners except as permitted in sections 20-1255, 20-1256 and 20- 1257. Temporary signs are allowed without a permit by sec. 20-1255 through 1257. (7) Signs which are placed or tacked on trees, fences, utility poles or in the public right- of-way. (8) Bench signs are prohibited except at designated transit stops as authorized by the local transit authority. (9) Billboards. (Ord. No. 231, § 1, 1-9-95; Ord. No. 424, § 1, 7-24-06; Ord. No. 431, § 3, 9-25-06; Ord. No. 482, § 1, 8-10-09) Sec. 20-1260. - Nonconforming signs. (a) When the principal use of land is legally nonconforming under this chapter, all existing or proposed signs in conjunction with that land, shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. (b) Excluding normal maintenance, face changes and repair, a nonconforming sign shall not be moved, altered, enlarged or reconstructed unless it is brought into compliance with the sign regulations. (Ord. No. 231, § 1, 1-9-95) Secs. 20-1261—20-1264. - Reserved. Sec. 20-1265. - General location restrictions. (a) No sign or sign structure shall be closer than ten feet to any lot line. Signs shall not be located in the sight distance triangle of any private driveway or access. Signs shall not be located in any sight distance triangle of a public intersection. (b) Signs on nonresidential property which are immediately adjacent to residential uses or districts shall be positioned so that the copy is not visible along adjoining side and rear yard property lines. (c) No sign, other than governmental signs, shall be erected or placed upon any public street, right-of-way, or project over public property unless approved by the city and contingent upon an approved encroachment agreement. Temporary signs may not be erected or placed in a public easement unless approved by the city. No sign shall be placed within any drainage or utility easement without an approved encroachment agreement. Another reason to require a permit for the temp development signs. We are unlikely to catch this if they don’t need to apply for a permit. (d) Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "Stop", "Caution", "Warning", unless the sign, is intended to direct traffic on the premises. (e) No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. (f) No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. (g) Window signs shall not cover more than 50 percent of the total window area in which they are located. The area of a window sign shall be interpreted as the total window area for that face of the building. In no case shall the total window sign area exceed the permitted wall sign area defined in this chapter for said district. Buildings with less than 32 square feet of window area are exempt from this provision. Signage visible through windows shall not blink, flash, scroll or have any but constant illumination, when illuminated, nor be excessively bright. Question, has the highlighted text been interpreted to exempt window signage for buildings with less than 32 square feet of window are from the preceding sentence or from all of Section 20-1265(g)? Also since Window signs are deemed to be permitted without a permit would we want to just move this subsection to Section 20-1255? (Ord. No. 231, § 1, 1-9-95; Ord. No. 431, § 5, 9-25-06; Ord. No. 451, § 11, 5-29-07) Sec. 20-1266. - Maintenance and repair. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, replaced or removed by the licensee, owner or agent of the building upon which the sign stands immediately upon notification by the city. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within 30 calendared days following receipt of written notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. All signs shall be subject to inspection by the building official, or any other official of the city who may be appointed by him, to ascertain if the provisions of this chapter are being met. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1267. - Uniformity of construction, design, etc. (a) All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi-tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development shall be presented concurrently for staff review. All planned centers and multi-tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. I’ve always struggled with the enforceability/practicality of uniform signage as a standard, also with what it means… I feel like it ends up being either an unenforceable arbitrary aesthetic criteria or a general standard range of characteristics. When it is the later, I feel our general standards herein are adequate and that in PUD/multi-tenant situations it makes sense to make them show the comprehensive sign plan for size, sign band, etc. and/or to establish unique standards like size, higher letter depth etc. for the building/development. I believe we should either define what “uniform signage” means in this context or delate the language and let the comprehensive sign plans dictate the acceptable range of variation. I can’t see us ever denying a permit because we feel that a sign meeting the criteria of the code and sign plan isn’t “uniform” when looking at another tenant’s sign that also meets the criteria of the code and sign plan. As tenants and signage trends change, this flexibility is increasingly important, and requiring uniform signage becomes increasingly impractical. (1) All permanent wall signage shall use dimensioned elements individual dimension letters, at least one-half inch deep. These dimensioned elements, be they letters or logos, shall comprise at a minimum 50 percent of the sign’s surface area. Neither the depth of the sign cabinet nor depth of the sign panel shall count toward this requirement. Individual dimensioned features, such as channel letters and symbols, are considered to count towards this requirement. Company symbols, display messages (not greater than six inches tall), pictorial presentations, illustrations, or decorations (anything other than wording) and less than 20 percent of the total sign display area are exempt from the individual dimension letter requirement. Sec. 20-1267(1) and (3) do not seem to align very well. One allows graphics and other various elements less than 20% of the sign display to be exempt from the ½” requirement, but the other allows logos (arguably the same as company symbols?) to go up to 30%. Also, could a user combine these categories arguing that a trademarked logo was the logo for 30% and some surrounding graphics were “pictorial presentations” separate from the logo and entitled to exemption as well for a sign that was 50% flat graphics? Also many logos blend wording and graphics making this very tricky item to regulated, especially since we’ve established that it is okay to have a sign that is 100% logo. The proposed language would not allow a flat cabinet sign that is entirely a logo which I believe has been permitted in the past (Starbucks?), unsure if that is something we want to allow or not… I lean towards not, but don’t have a strong feeling. Added permanent because otherwise it could be argued to apply to temp banners (clearly not the intent). (2) Wall signs shall be either illuminated or non-illuminated and shall meet the following criteria: a. Backlit or exposed lighting shall be architecturally compatible with the building and other signage if in a multi-tenant building. I’m very concerned that the ordinance implies that a business’s signage that otherwise meets code can be denied because of another company’s signage that also meets code (see earlier note). b. If a neon sign is illuminated by exposed neon or LED, the luminous shall not to exceed 5,000 Nits between the hours of civil sunrise and civil sunset and not to exceed 500 Nits between the hours of civil sunset and civil sunrise. Seems odd to note neon then mention both neon and LED. c. If a sign is non-illuminated, downcast decorative lighting compatible with the building architecture may be used. (3) Company logos shall not occupy more than 30 percent of the sign display area and are exempt from the individual dimension letter requirement. Merged into (1). (b) All permanent monument or pylon signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi- tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development shall be presented concurrently for staff review. All planned centers and multi-tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. (1) All center, development name or an individual tenant building signage on a monument or pylon sign shall use individual dimension letters, at least one-half inch deep. (2) Registered trademarks, company symbols, display messages (less than six inches tall), pictorial presentations, illustrations, or decorations (anything other than wording) and less than 20 percent of the total sign display area are exempt from the individual dimension letter requirement. All permanent monument or pylon signs shall use dimensioned elements individual dimension letters, at least one-half inch deep. These dimensioned elements, be they letters or logos, shall comprise at a minimum 50 percent of the sign’s surface area. Neither the depth of the sign cabinet nor depth of the sign panel shall count toward this requirement. Individual dimensioned letters, such as channel letters, are considered to count towards this requirement. See wall sign note/rational. (3) In multi-tenant buildings, tenant panels may be used and shall be exempt from the individual dimension letter requirement. (4) Company logos shall not occupy more than 30 percent of the sign display area and are exempt from the individual dimension letter requirement. Merged into (2) (4) Permanent monument or pylon signs shall be either illuminated or non- illuminated and shall meet the following criteria: a. Backlit or exposed lighting shall be architecturally compatible with the building. b. If a sign is illuminated by exposed neon or LED, the luminous shall not to exceed 5,000 Nits between the hours of civil sunrise and civil sunset and not to exceed 500 Nits between the hours of civil sunset and civil sunrise. c. If a sign is non-illuminated, downcast decorative lighting compatible with the building architecture may be used. Added same light requirements/limits as wall signs have. (Ord. No. 231, § 1, 1-9-95; Ord. No. 423, § 11, 6-12-06; Ord. No. 468, § 3, 8-11-08; Ord. No. 485, § 2, 10-12-09; Ord. No. 507, § 6, 6-28-10; Ord. No. 544, § 1, 6-25-12) Sec. 20-1268. - Noncommercial speech. Signs containing noncommercial speech are permitted anywhere that signs are permitted, subject to the same size, location, and design regulations applicable to such signs. Added location and design… wouldn’t want someone to argue that by foregoing commercial speech they could place a sign 1” from a lot line or erect a freestanding sign with an exposed pole when such a location and design would not otherwise be allowed. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1269. - Reserved. Sec. 20-1270. - Compliance with Minnesota State Building Code. The design and construction standards as set forth in Appendix H of the International Building Code, as may be amended, are adopted. (Ord. No. 231, § 1, 1-9-95; Ord. No. 377, § 141, 5-24-04; Ord. No. 639, § 9, 3-11-19) Editor's note— Formerly § 20-1270 was entitled "Uniform Sign Code," which was amended by Ord. No. 639. Secs. 20-1271—20-1274. - Reserved. Sec. 20-1275. - Construction standards. (a) A freestanding sign or sign structure shall be constructed so that if the faces are not back to back, then they shall not have an angle separating the faces exceeding 45 degrees, unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. 45 Degree Maximum Angle (b) All on-premises freestanding signs must have structural supports covered or concealed with pole covers. The actual structural supports should not be exposed, and the covers should be architecturally and aesthetically designed to match the building. Pole covers shall be a minimum height of eight feet. The exposed uprights, superstructure and/or backside of all signs shall be painted a neutral color such as light blue, gray, brown or white, unless it can be illustrated that such part of the sign designed or painted in another manner is integral to the overall design of the sign. Shopping Center (c) The installation of electrical signs shall be subject to the National Electrical Code, as adopted and amended by the city. Electrical service to such sign shall be underground. (d) No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the building official. Any canopy or awning sign shall have a minimum of an eight-foot clearance. (e) Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. No such signs shall interfere with or obscure an official traffic sign or signal; this includes indoor signs which are visible from public streets. Illumination for a sign or groups of signs shall not exceed one-half foot candle in brightness as measured at the property line. (f) Projecting signs, where allowed, may extend a maximum of four feet from the building onto which they are attached. Such signs must be located at least 10 feet above ground level and be setback at least 2 feet from the curb. Glanced at various cities ordinances. The 10’ from ground seemed to be standard. There was less consensus on maximum projection and curb setback. I picked two numbers that made sense to me from St. Paul’s ordinance, but I’d welcome other better informed/researched limits. Sec. 20-1276. - Electronic message center signs. Electronic message center (EMC) signs and time and temperature signs shall comply with the following standards: (1) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. (2) Electronic and nonelectronic message center space used on a sign shall not exceed the following display area: Sign display area EMC Display 0—24 sq. ft. 50% 25—64 sq. ft. 45% 65—80 sq. ft. 40% 81-120 sq. ft. 35% See note on OI government/public signs. (3) Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. (4) Electronic message center signs shall not cause direct glare, nor become a distraction due to excessive brightness. (5) The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided at the time of permit applications. (6) There shall be no electronic message center signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right-of-way lines) except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. (7) There shall be no electronic message center signs within 125 feet of a residential district. (8) Flashing, special effects or animated scenes on electronic message center signs shall be prohibited. (9) Electronic message center signs shall not be located in agricultural or residential zoning districts. (10) Electronic message center sign display use for signs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. (11) Electronic message center sign displays may only be mounted on ground low profile or pylon signs. I believe this was our intention and that we don’t want wall mounted EMC signs. (Ord. No. 482, § 2, 8-10-09) Secs. 20-1277—20-1300. - Reserved. DIVISION 2. - SIGNS ALLOWED IN SPECIFIC DISTRICTS BY PERMIT Sec. 20-1301. - Agricultural and residential districts. The following signs are allowed by permit in the A-2, RR, RSF, R-4, RLM, R-8, R-12, R- 16, and residential PUD districts: (1) Public and institutional signs. One ground low profile or wall sign, not exceeding 24 square feet of sign display area, shall be permitted on the premises of any public or institutional property giving the name of the facility and nature of the use and occupancy. Such sign shall be located at least ten feet from any property line, and shall not exceed five feet in height. (2) Area identification/entrance signs. Only one Monument sign(s) may only be erected at the entrance(s). Total sign area shall not exceed 24 square feet of sign display area, nor be more than five feet high. More than one sign per entrance may be erected, provided that the total sign area does not exceed 24 square feet. Any such sign or monument shall be designed with low-maintenance, high quality materials. The adjacent property owner or a homeowners association shall be responsible for maintenance of the identification/entrance sign and surrounding grounds and landscaped areas. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operation, shall be located at least ten feet from any property line, and shall be securely anchored to the ground. Since we allow multiple monument signs at a single entrance in the third sentence, it is unclear why we start off saying “only one”. I think it will be clearer if we start out saying that signs must be at entrances and that they can split it between signs. Added the 10’ setback which we apply to all signs in other areas of the code. (3) Nonresidential uses. Only one monument sign may be permitted on the site. The total sign area shall not exceed 24 square feet of sign display area, nor be more than five feet in height. Such signs shall be located at least ten feet from any property line. Added 10’ setback for clarity. (Ord. No. 231, § 1, 1-9-95; Ord. No. 252, § 2, 4-8-96; Ord. No. 314, § 1, 3-26-01; Ord. No. 377, § 142, 5-24-04) Sec. 20-1302. - Neighborhood business, fringe business and office and institutional districts. The following signs shall be allowed by permit in any OI, BF or BN districts: (1) Ground low profile business signs. One ground low profile business or institutional sign not exceeding 24 square feet of sign display area shall be permitted. Such sign shall be located at least ten feet from any property line and shall not exceed five feet in height. (2) Wall business signs. a. One Wall business signs shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. As long as they are under the total display area, are we concerned if they break the logo and name into separate signs (say have logo at the corner and name over the door on the same elevation)? Provision 3 already prevents them from using wall signs for product advertising. b. The sign may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or street. The first part of this is covered by c and d c. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage of Wall Area Wall Area in Square Feet 15% 0—600 13% 601—1,200 11% 1,201—1,800 9% 1,801—2,400 7% 2,401—3,200 5% 3,201—4,500 3% not to exceed 275 square feet 4,500+ (3d) Wall signs shall not include product advertising. Wall signs shall only include tenant identification, tenant logo or registered trademark, center name, or any combination of the three. Wall signs may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. I think this is a formatting error and should be “d” under wall sign standards. More importantly, This is significantly more restrictive that what is allowed in other commercial districts. I think the intended neighborhood scale is out justification of this, but we may want to discuss if forbidding “display messages, pictorial presentations, illustrations, or decorations” is needed. My preference is being more hands off so long as they stay under their size limit and I’ve mirrored the other commercial language in my draft. (3) Public/community signs on property owned or leased by a governmental unit and operated by a governmental unit. Should we add an intent statement clarifying why these users are singled out for special treatment… i.e. why can a public school have this type of sign, but not Chapel Hill? a. One monument sign shall be permitted per site for each street frontage. Such sign shall not exceed 120 square feet in display area nor be greater than eight feet in height. b. Electronic message center signs may be permitted as part of the sign display area. Such sign does not require a conditional use permit. No EMC requires a CUP anymore. c. Electronic message center signs shall comply with the following standards in section 20-1276: Why do these EMCs get their own standards letting them have bigger size without a ratio? Should we instead refer to general standards and treat like others? We could add another column to the table allowing up to 35% for signs 81-120 (28-42 sq. ft.) 1. Electronic message center space used on a sign shall not exceed a total of 40 square feet. 2. No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. 3. Electronic message center displays shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. 4. Electronic message center signs shall not cause direct glare, nor become a distraction due to excessive brightness. 5. The lamp wattage and luminance level in candles per square meter (Nits) shall be provided at the time of permit application. 6. There shall be no electronic message center signs within 50 feet of a street intersection (as measured from intersecting right-of-way lines) or within 125 feet of a residential district, except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. 7. Flashing, special effects or animated scenes on electronic message center shall be prohibited. 8. Electronic message center sign display use for signs within 500 feet of single- family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. (4) Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four square feet in sign display area. When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed 30 percent of the total sign display area of the sign. Moved from no permit to permit, see earlier note. (5) Pickup signs; big box retailers and grocery stores are allowed one sign to designate an area of the parking lot for pickup/driveup loading of goods purchased in advance subject to the following conditions: a. The pickup sign must be located within the parking lot and the placement of pickup sign shall be so located such that the sign does not adversely affect adjacent properties or navigability of the parking lot (including sight lines, confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. b. No more than one pickup sign shall be allowed per business c. The pickup sign may not exceed 13 feet in height. d. The pickup sign's base shall be not more than two feet wide on a side, and no portion of the sign may project beyond the base. e. The pickup sign is limited to four square feet of display area per sign face, and no more than 30 percent of the display area shall be used for the business logo or identification. f. Businesses with a drive-through facility may not also have a pickup sign. Moved from no permit to permit, see earlier note. (Ord. No. 231, § 1, 1-9-95; Ord. No. 377, § 143, 5-24-04; Ord. No. 409, § 7, 1-9-06; Ord. No. 409, § 7, 1-9-06; Ord. No. 468, §§ 4, 5, 8-11-08; Ord. No. 482, § 3, 8-10-09) Sec. 20-1303. - Highway, general business districts and central business districts. The following signs shall be allowed by permit in any "BH", "BG" or "CBD" District: The following table lists the standards for freestanding and ground low profile signs in the BH, BG or CBD zone. Principal Structure Pylon Ground Low Profile Height (feet) Sign Size (square feet) Height (feet) Sign Size (square feet) 50,000 sq. ft. or greater 20 80 10 80 Less than 50,000 sq. ft. 16 64 8 64 (1) Pylon business sign. Pylon signs are permitted on parcels that abut state highway corridors only. One pylon identification sign shall be permitted per parcel. This sign may identify the name of the center or the major tenants. The height and square footage of the sign shall be based on the square footage of the principal structure as shown in the table. Such signs shall be located at least ten feet from any property line. Is this how this has been interpreted? We would not allow each business in a multi- tenant to have their own pylon sign, but I know if at least one development with multiple pylon signs and some standalone businesses that have their own? I know we have always tried to limit the proliferation of theses. (2) Ground low profile business signs. One ground low profile business sign shall be permitted per each outlot or separate building pad that has street frontage. The height and square footage of the sign shall be based on the table above. Such signs shall be located at least 300 feet from any other pylon or ground sign on the parcel and at least ten feet from any property line. (3) Wall business signs. a. Wall business signs shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. b. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or street. c. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage Wall Area in Square Feet of Wall Area 15% 0—600 13% 601—1,200 11% 1,201—1,800 9% 1,801—2,400 7% 2,401—3,200 5% 3,201—4,500 3% not to exceed 275 square feet 4,500+ I replaced the a-c preexisting with language from 20-1302(2). None of the standards were substantially different and it increases readability to have the same structure and language between subsections. (d) Wall signs shall not include product advertising. Wall signs may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Essentially what was lumped in under b, just broken out to match other sections formatting, add no product advertising clause. (4) Restaurant drive-through signs Menu board. a. One menu board sign and one preorder board per restaurant drive-through aisle is are permitted with a drive-through facility. b. The display area of such signs menu boards shall not exceed 45 square feet in size, nor shall the top of the display area be greater than eight feet in height. c. The display area of preorder boards shall not exceed 12 square feet in size, nor shall the top the display area be greater than eight feet in height. d. Such signs are is permitted in addition to any other sign permitted in the zoning district. We’ve been having issues with every restaurant waning pre-order boards. We had a few with non-conforming configurations who added them and then we had another start installing without a permit and we let them continue because they pointed out two other restaurants that had recently added them… long story short is we are now in a “but X, Y, and Z” have them and just installed them 2-3 years ago, why can’t I have them territory. These tend to be smaller features (I checked the permits I remembered and none of them were over 8 sq. ft. of display area so 12 sq. ft. shouldn’t cause issues as a limit). We also had issue with awning/rain shields attached to the sign exceeding the 8’ limit. Again it was pointed out that other restaurants had a slightly different configuration and had been allowed to go 10-12’ high to achieve vehicle clearance. As long as these elements aren’t branded, I don’t know that we have a compelling reason to limit them to 8’ or require specific configurations to sidestep a height limit. (5) Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four square feet in sign display area. When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed 30 percent of the total sign display area of the sign. Moved from no permit to permit, see earlier note. (6) Pickup signs; big box retailers and grocery stores are allowed one sign to designate an area of the parking lot for pickup/driveup loading of goods purchased in advance subject to the following conditions: a. The pickup sign must be located within the parking lot and the placement of pickup sign shall be so located such that the sign does not adversely affect adjacent properties or navigability of the parking lot (including sight lines, confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. b. No more than one pickup sign shall be allowed per business c. The pickup sign may not exceed 13 feet in height. d. The pickup sign's base shall be not more than two feet wide on a side, and no portion of the sign may project beyond the base. e. The pickup sign is limited to four square feet of display area per sign face, and no more than 30 percent of the display area shall be used for the business logo or identification. f. Businesses with a drive-through facility may not also have a pickup sign. Moved from no permit to permit, see earlier note. (7) Projecting signs are permitted within the Central Business District, subject to the conditions of subsection 20-1275(f). CBD is most walkable and probably the best fit for this type of signage. (Ord. No. 314, § 2, 3-26-01; Ord. No. 377, §§ 144, 145, 5-24-04; Ord. No. 409, § 8, 1-9-06; Ord. No. 468, § 4, 8-11-08; Ord. No. 628, § 49, 12-11-17) Sec. 20-1304. - Industrial office park signs. The following signs shall be allowed by permit in any IOP district: (1) Pylon business signs. Pylon signs are permitted on parcels that abut state highway corridors only. One pylon or one ground low profile industrial office park identification sign shall be permitted. A pylon sign shall not exceed 80 square feet on a state highway in sign area and shall not exceed 20 feet in height. Such sign shall be located at least ten feet from any property line. (2) Ground low profile business signs. One ground low profile business sign shall be permitted per site for each street frontage. Such sign shall not exceed 64 square feet, except on a state highway, in display area nor be greater than eight feet in height. Such sign shall be located at least ten feet from any property line. A ground low profile on a state highway may not exceed 80 square feet and eight feet in height. Such sign shall be located at least ten feet from any property line. (3) Wall business signs. a. Wall business signs shall be permitted on the street frontage for each business occupant within a building. In buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. b. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or street. c. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage of Wall Area Wall Area in Square Feet 15% 0—600 13% 601—1,200 11% 1,201—1,800 9% 1,801—2,400 7% 2,401—3,200 5% 3,201—4,500 3% not to exceed 275 square feet 4,500+ (d) Wall signs shall not include product advertising. Wall signs may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. I replaced the a-d preexisting with language from 20-1302(3). None of the standards were substantially different and it increases readability to have the same structure and language between subsections. Added no product advertising clause. (Ord. No. 231, § 1, 1-9-95; Ord. No. 314, § 3, 3-26-01; Ord. No. 377, §§ 146, 147, 5-24-04; Ord. No. 409, § 9, 1-9-06; Ord. No. 452, § 4, 7-9-07; Ord. No. 459, § 2, 9-24-07; Ord. No. 468, § 4, 8- 11-08) Secs. 20-1305—20-1350. - Reserved. PART III - LAND DEVELOPMENT Chapter 102 - PLANNING AND ZONING ARTICLE XXI. SIGNS Hopkins, Minnesota, Code of Ordinances Created: 2021-03-31 15:59:45 [EST] (Supp. No. 3) Page 1 of 13 ARTICLE XXI. SIGNS Sec. 102-705. Preamble. The city council finds that the lack of a comprehensive, constitutionally sound ordinance regulating signs in the city constitutes an emergency threatening public health, safety and welfare because, among other concerns: (1) Signs could be erected without regard to the manner in which the size or location of the sign or signs interferes with traffic sight lines, endangering or distracting drivers and pedestrians alike, thereby causing traffic hazards; and (2) Signs could be constructed in a manner or from such materials as are structurally unsound vulnerable to collapse, endangering persons or property in the vicinity of the signs. (Code 1986, ch. 570, preamble) Sec. 102-706. Findings, purpose and effect. (a) Findings. The city council hereby finds as follows: (1) Exterior signs have a substantial impact on the character and quality of the environment. (2) Signs provide an important medium through which individuals may convey a variety of messages. (3) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. (4) The city's zoning regulations have, since as early as 1966, included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community. (b) Purpose and intent. It is not the purpose or intent of this article to regulate the message displayed on any sign; nor is it the purpose or intent of this article to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this article is to: (1) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare. (2) Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community. (3) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics. (4) Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the city. Created: 2021-03-31 15:59:44 [EST] (Supp. No. 3) Page 2 of 13 (c) Effect. A sign may be erected, mounted, displayed or maintained in the city if it is in conformance with the provisions of this article. The effect of this article, as more specifically set forth herein, is to: (1) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this article. (2) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this article. (3) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. (4) Provide for the enforcement of the provisions of this article. (Code 1986, § 570.01) Sec. 102-707. Severability. If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this article. The city council hereby declares that it would have adopted this article in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. (Code 1986, § 570.03) Sec. 102-708. Definitions. (a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned sign means any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or the purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established non-conforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of the term "abandoned sign." Awning means a roof-like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an awning. Awning sign means a building sign or graphic printed on or in some fashion attached directly to the awning material. Balloon sign means a sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than 24 inches in diameter. Building sign means any sign attached or supported by any building. Cabinet sign means any wall sign that is not of channel or individually mounted letter construction. Created: 2021-03-31 15:59:44 [EST] (Supp. No. 3) Page 3 of 13 Canopy means a roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. Canopy sign means any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. Changeable copy sign means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable copy signs do not include signs upon which characters, letters or illustrations change or rearrange only once in a 24-hour period. Commercial speech means speech advertising a business, profession, commodity, service or entertainment. Elevation means the view of the side, front, or rear of a given structures. Elevation area means the area of all walls that face any lot line. Erect means activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. Flag means any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. Flashing sign means a directly or indirectly illuminated sign which exhibits changing light or color effect by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation. The term "flashing sign" also means any mode of lighting which resembles zooming, twinkling, or sparkling. Freestanding sign means any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. Grade means grade shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final grade for sign height computation. Ground sign means any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding eight feet. Height of sign means the height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. Illuminated sign means any sign which contains an element designed to emanate artificial light internally or externally. Interior sign means a sign which is located within the interior of any building, or within an enclosed lobby or court of any building, and a sign for and located within the inner or outer body, court or entrance of any theater. Legally established non-conforming sign means any sign and its support structure lawfully erected prior to the effective date of this chapter which fails to conform to the requirements of this chapter. A sign which was erected in accordance with a variance granted prior to the adoption of the ordinance from which this chapter is derived and which does not comply with this chapter shall be deemed to be a legal non-conforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. Marquee means any permanent roof-like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Marquee sign means any building sign painted, mounted, constructed or attached in any manner, on a marquee. Created: 2021-03-31 15:59:44 [EST] (Supp. No. 3) Page 4 of 13 Monument sign means any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding eight feet. Multiple tenant site means any site which has more than one tenant, and each tenant has a separate ground level exterior public entrance. Non-commercial speech means dissemination of messages not classified as commercial speech, which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Off-premises sign means a commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For the purposes of this article, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign. On-premises messages means identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign is installed. Owner means, in the case of a lot, the legal owner of the lot as officially recorded by the county, and including fee owners, contract for deed purchasers and ground lessees. The term "owner" means, in the case of a sign, the owner of the sign, including any lessees. Pole sign. See Pylon sign. Portable sign means any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. Porte cochere means a roofed structure or roof-like cover, extending from the entrance of a building and which provides shelter over a doorway. Projecting sign means any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two feet beyond the surface or such building or wall face. Public notices means official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents. Public street right-of-way means the entire right-of-way of any public street. Pylon sign means any freestanding sign which has its supportive structures anchored in the ground and which has a sign face elevated aboveground level by poles or beams and with the area below the sign face open. Residential district means any district zoned for residential uses. Roof means the exterior surface and it supporting structure on the top of a building or structure. The structural make-up of which conforms to the roof structures, roof construction and roof covering sections of the Uniform Building Code. Roof line means the upper-most edge of the roof or in the case of an extended facade or parapet, the upper- most height of said facade. Roof sign means any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Roof sign, integral, means any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six inches. Created: 2021-03-31 15:59:44 [EST] (Supp. No. 3) Page 5 of 13 Rotating sign means a sign or portion of a sign which turns about on an axis. Shimmering signs means a sign which reflects an oscillating sometimes distorted visual image. Sign means any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. Sign face means the surface of the sign upon, against, or through which the message of the sign is exhibited. Sign structure means any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Site means a lot or combination of contiguous lots which are intended, designated, and/or approved to function as an integrated unit. Stringer means a line of string, rope, cording, or an equivalent to which is attached a number of pennants. Suspended sign means any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface. Total site signage means the maximum permitted combined area of all freestanding and wall identification signs allowed on a specific property. Visible means capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. Wall means any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of 60 degrees or greater with the horizontal plane. Wall sign means any building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. Window sign means any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. (b) The definitions set forth in this section are in addition to the definitions set forth in section 102-4, which shall apply to this article, except that in the event of a conflict between the sections, the definitions in this article shall apply. (Code 1986, § 570.05) Sec. 102-709. Permit required. (a) No sign shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Application for a permit shall be in writing addressed to the zoning administrator and shall contain the following information: (1) Names and addresses of the applicant, owners of the sign and lot; (2) The address at which any signs are to be erected; (3) The lot, block and addition at which the signs are to be erected and the street on which they are to front; Created: 2021-03-31 15:59:44 [EST] (Supp. No. 3) Page 6 of 13 (4) A complete set of plans showing the necessary elevations, distances, size and details to fully and clearly represent the construction and placement of the signs; (5) The cost of the sign; (6) Type of sign (i.e., wall sign, monument sign, etc.); (7) Certification by applicant indicating the application complies with all requirements of this article; and (8) If the proposed sign is along state trunk highway or interstate highway, the application shall be accompanied by proof that the applicant has obtained a permit from the state for the sign. (b) The zoning administrator shall approve or deny the sign permit in an expedited manner no more than 30 days from the receipt of the complete application, including applicable fee. All permits not approved or denied within 30 days shall be deemed approved. If the permit is denied, the issuing authority shall prepare a written notice of denial within ten days its decision, describing the applicant's appeal rights under section 102-96, and send it by certified mail, return receipt requested, to the applicant. (Code 1986, § 570.07) Sec. 102-710. Exemptions. The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this article or any other law or ordinance regulating the same. (1) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. (2) Signs six square feet or less in size. (Code 1986, § 570.09) Sec. 102-711. Violations. Violation of this section is a misdemeanor. Each day that the violation continues is a separate offense. (Code 1986, § 570.15) Sec. 102-712. Size. No sign shall exceed 250 square feet in area. (Code 1986, § 570.17) Sec. 102-713. Regulations. (a) General. Except as hereinafter provided, no signs shall be erected or maintained at any angle to a building or structure which sign extends or projects over the sidewalk, street or highway. No sign which is erected or maintained flat against any building or structure shall extend or project more than fifteen inches over the sidewalk, street or highway. (b) Exceptions. The provisions of this subsection do not prohibit: Created: 2021-03-31 15:59:44 [EST] (Supp. No. 3) Page 7 of 13 (1) The erection and maintenance of signs, either illuminated or not illuminated, which are on the sides of a marquee which is firmly attached to and a part of a theatre, providing such signs are an integral part of the marquee and do not project above or below the marquee; or (2) The erection and maintenance of signs, not illuminated, which are attached to the marquee and which do not project more than 16 inches above the marquee. (Code 1986, § 570.19) Sec. 102-714. Below marquee. No sign, either illuminated or not illuminated, may project below a marquee. (Code 1986, § 570.21) Sec. 102-715. Electrical signs. Electrical signs must be installed in accordance with the current electrical code and a separate permit from the building official must be obtained prior to placement. (Code 1986, § 570.23) Sec. 102-716. Unauthorized signs. The following signs are unauthorized signs and are prohibited by this section: (1) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. (2) All off-premises signs. (3) Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public structures. (4) Portable signs. (5) Changeable copy signs. (Code 1986, § 570.25) Sec. 102-717. Setbacks. Signs shall conform to the following setback regulations for the zoning district in which the signs are located except as otherwise specified in this section: B-1 B-2 B-3 B-3 Residential Abutting County Road Lot line front 10 feet 1 feet 1 feet 10 feet 5 feet Lot line side 5 feet 0 feet 0 feet 5 feet 5 feet Lot line rear 5 feet 5 feet 10 feet 10 feet 5 feet Created: 2021-03-31 15:59:44 [EST] (Supp. No. 3) Page 8 of 13 I-1 I-2 Lot line front 10 feet 10 feet Lot line side 10 feet 10 feet Lot line rear 10 feet 10 feet Lot line rear abutting R District 20 feet 20 feet Institutional Abutting County Road Lot line front 5 feet 10 feet Lot line side 5 feet 5 feet Lot line rear 5 feet 10 feet (Code 1986, § 570.27) Sec. 102-718. Area. The area within the frame of a sign shall be used to calculate the square footage except that the width of a frame exceeding 12 inches shall constitute sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a frame the dimensions for calculating the square footage shall be the area extending six inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof. Each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage. Symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings, free- standing structures, suspended by balloons, or kites or on persons, animals, or vehicles are considered a sign and are included in calculating the overall square footage. (Code 1986, § 570.29) Sec. 102-719. Canopies, marquees and fixed awnings. Canopies, marquees and fixed awnings are an integral part of the structure to which they are attached. They are allowed in the Business and Industrial Districts if they meet following requirements and the applicable square footage requirements: (1) Awnings, canopies or marquees may not project into the public right-of-way nearer than 30 inches to the street curb or curb line; (2) Awnings, canopies or marquees may have no part of the structure other than supports nearer the ground surface than seven feet; (3) The architectural style of the awning, canopy or marquee may be consistent with the building being served; (4) Awnings, canopies or marquees projecting into the required yards may not be enclosed except with a transparent material permitting through vision; and (5) Awnings, canopies or marquees built over the public right-of-way must be included in a liability insurance policy holding the city free of all responsibility. (Code 1986, § 570.31) Created: 2021-03-31 15:59:44 [EST] (Supp. No. 3) Page 9 of 13 Sec. 102-720. Window signage. Temporary or permanent signs shall be on the inside of the window. Temporary or permanent window signs are limited to one-third of the surface area of the window to which they are affixed. (Code 1986, § 570.32; Ord. No. 13-1064) Sec. 102-721. Illumination. External illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property. (Code 1986, § 570.33) Sec. 102-722. Height. The top of a sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached or 35 feet above ground level, whichever height is less. Signs, including any superstructure standing or erected free of any building or other structure, shall not exceed an overall height of 35 feet from ground level and shall be located on land in an area which is landscaped or if such land is part of an approved parking area, it shall be surfaced or paved as required in the zoning code. (Code 1986, § 570.35) Sec. 102-723. Retroactive effect. This article shall apply to all sign applications applied for and/or pending prior to its enactment. (Code 1986, § 570.37) Sec. 102-724. Non-commercial speech. Notwithstanding any other provisions of this article, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election. (Code 1986, § 570.39) Sec. 102-725. Permitted signs by district. (a) Residential Districts. (1) Within Residential Zoning Districts, signs are permitted as follows: District Maximum Sign Area of Single Sign Total Area of all Signs R-1, R-2 8 square feet per surface 16 square feet R-3, R-4, R-5, R-6 12 square feet per surface 24 square feet (2) The following types of signs are not permitted in Residential Zoning Districts: a. Awning signs; Created: 2021-03-31 15:59:45 [EST] (Supp. No. 3) Page 10 of 13 b. Balloon signs; c. Canopy signs; d. Flashing signs; e. Marquee signs; f. Pole signs; g. Pylon signs; and h. Shimmering signs. (b) Business Districts. Within Business Zoning Districts, signs are permitted as follows: District Maximum Sign Area of Single Sign Total Area of all Signs B-1, B-2 60 square feet 2 square feet per front foot of building abutting a public right-of- way 50 feet or more in width. B-3, B-4 80 square feet 3 square feet per front foot of lot (narrowest footage on a corner lot) abutting public right-of-way 50 feet or more in width. (c) Industrial Districts. Within Industrial Zoning Districts, signs are permitted as follows: District Maximum Sign Area of Single Sign Total Area of all Signs I-1, I-2 250 square feet 4 square feet per front foot of lot plus 1 square foot per foot of side yard abutting a public right-of-way of 50 feet or more. Least width of frontage shall be considered front yard. (d) Institutional Districts. Within Institutional Zoning Districts, signs are permitted as follows: District Maximum Sign Area of Single Sign Total Area of all Signs Institutional 60 square feet 3 square feet per front foot of lot (narrowest footage on a corner lot) abutting public right-of-way 50 feet or more in width. (Code 1986, § 570.41; Ord. No. 06-969) Sec. 102-726. Permitted signs; Business Park District. (a) Wall signs. Each tenant other than those in multi-tenant buildings may have one flat wall sign, not extending more than 18 inches from the face of the building, except that such sign age may extend from the face of the roof over a covered walk. Such wall signs shall not exceed 15 percent of the area of the wall to which the sign is attached, to a maximum of 96 square feet. Created: 2021-03-31 15:59:45 [EST] (Supp. No. 3) Page 11 of 13 (b) Monument signs. Uses other than those in multi-tenant buildings may have a monument sign that shall not exceed 80 square feet per surface area, and 15 feet in height, and is setback a minimum 20 feet from the property lines. (c) Multi-tenant signs. Each tenant in a multi-tenant building may have a flat wall sign, not extending more than 18 inches from the face of the building. The aggregate area of such signs shall not exceed five percent of the area of the wall to which they are attached. (d) Multi-tenant monument signs. One monument sign shall be permitted for each multi-tenant building provided the surface area of the sign does not exceed two square feet per front foot of lot. Signs shall not be over 150 square feet, or 20 feet in height, and shall be set back 20 feet from the property lines. (e) Canopies and awnings. The design of canopies shall be in keeping with the overall building design in terms of location, size, and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25 percent of the canopy area. Internally illuminated canopies must be compatible with the overall color scheme of the building. (Code 1986, § 570.42; Ord. No. 11-1026) Sec. 102-727. Non-conforming signs; compliance. It is recognized that signs exist within the zoning districts which were lawful before this article was enacted, but will be prohibited under the terms of this section. It is the intent of this article that non-conforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this article to permit legal non-conforming signs existing on the effective date of the ordinance from which this article is derived to continue as legal non-conforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: (1) No sign shall be enlarged or altered in a way which increases its nonconformity. (2) If the use of the non-conforming sign or sign structure is discontinued for a period of one year, the sign or sign structure shall not be reconstructed or used except in conformity with the provisions of this article. (3) Should such non-conforming sign or sign structure be damaged or structure be destroyed by any means to an extent greater than 50 percent of its market value and all required permits for its reconstruction have not been applied for within 180 days of when the sign or sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this article. (4) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. (5) No existing sign devoted to a use not permitted by the zoning code in the zoning district in which it is located shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which is it located. (6) When a building loses its non-conforming status all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure. (Code 1986, § 570.43) Created: 2021-03-31 15:59:45 [EST] (Supp. No. 3) Page 12 of 13 Sec. 102-728. Substitution clause. The owner of any sign which is otherwise allowed by this article may substitute non-commercial speech in lieu of any other commercial speech or non-commercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary. (Code 1986, § 570.45) Sec. 102-729. Dynamic signs. (a) District limitations. All dynamic signs shall comply with the zoning and road classification standards listed below and the performance standards detailed in this section. A conditional use permit shall be required for any dynamic signs located on a property adjacent to any residential use or district. (1) Business, business park or institutional districts. Dynamic signs may be located on properties within the B-3 - General Business, B-4 - Neighborhood Business, Business Park or Institutional zoning districts, provided the proposed dynamic sign will be located along a principal arterial or minor reliever road as designated in the comprehensive plan. Any such sign proposed to be so located and abutting and residential use or zoning district shall only be approved through issuance of a conditional use permit. (2) Residential districts. Dynamic signs may be located on public and institutional uses within a residential zone, provided the proposed dynamic sign will be located along a principal arterial, minor reliever or major collector road as designated in the comprehensive plan. Any such sign shall only be approved through issuance of a conditional use permit. (b) Location. The sign must be located on the site of the use identified or advertised by the sign. (c) Orientation. Electronic signs must be positioned so as to limit their impact on adjacent residential uses. At a minimum, such signs shall be positioned perpendicular to the adjacent public right-of-way. (d) Type of sign. Dynamic signs are limited to ground signs only as defined in this article. (e) Text size and legibility. The following minimum text sizes shall apply to all dynamic signs. If a sign is located on a corner with streets that have differing speed limits, the minimum text size shall be based on the standard for the higher speed limit to ensure maximum legibility. Minimum Text Sizes for Dynamic Signs Speed Limit of Adjacent Road Minimum Text Size 25 to 34 MPH 7" 35 to 44 MPH 9" 45 to 54 MPH 12" 55 MPH or More 15" (f) Mode. Dynamic signs shall only be allowed to operate in a static mode. Animation, motion or video displays are prohibited. Any change from one static display to another must be instantaneous and shall not include any distracting effects, such as dissolving, spinning or fading. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. (g) Size and number of dynamic display. Dynamic signs shall not exceed the maximum sign area of a single sign as detailed in Section 102-725 - Permitted Signs by District, for the applicable zoning district in which the sign is placed. The dynamic portion of any sign shall not exceed 80 percent of the total allowable area of the sign. Created: 2021-03-31 15:59:45 [EST] (Supp. No. 3) Page 13 of 13 The remaining 20 percent of the allowable sign area cannot have dynamic capabilities even if it is not used. Each site can have only one dynamic sign and that sign can have only one dynamic display. (h) Minimum display time. The minimum display time shall be 20 minutes. One exception to this standard would be for time, date and temperature signs which the federal court has acknowledged as a justifiable exception to limitations on variable message signs. The time, date and temperature information may change no faster than once every three seconds, provided that the display of this information remains for at least 20 minutes before changing to another display. (i) Brightness. Dynamic signs shall not exceed a maximum illumination of 5,000 nits during daylight hours and a maximum illumination of 500 nits between dusk to dawn as measured from the sign's face at maximum brightness. All dynamic sign applications shall include certification from the sign's manufacturer that the sign has been preset to conform to the luminance levels noted above and these settings are protected from end users' manipulation by password protected software. (j) Color. Dynamic signs may use multiple colors within the display but the use of color shall not create distraction or a hazard to the public health, safety or welfare. No portion of the display may change in color or color intensity in any manner. Each line of text in any direction shall be uniform in color. (k) Operation. All dynamic signs shall be equipped with a means to immediately discontinue the display if it malfunctions. The owner of a dynamic sign must immediately cease operation of their sign when notified by the city that it fails to comply with the standards of this chapter. The dynamic sign shall remain inoperable until such time that the owner demonstrates to the city that the device is in satisfactory working condition and conforms to the standards of this chapter. Appeals of the city's direction regarding the operation of a dynamic sign shall follow the appeals process outlined in Chapter 102, Article III, Section 102-96, "Board of Appeals and Adjustments." (l) Application to existing signs. The dynamic sign standards shall apply to all existing and future dynamic signs, unless otherwise determined by the city that an existing sign qualifies as a nonconforming use under state statute or this code. Any existing dynamic sign that cannot meet the minimum text size as required by the speed limit must use the largest size possible for one line of copy to fit in the available display space. (Ord. No. 2020-1157 , § 1, 9-15-2020) CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Discuss Solid Waste Collection Districts Section 5:00 P.M. ­ WORK SESSION Item No: A.3. Prepared By Kate Aanenson, Community Development Director File No:  SUMMARY The city is investigating creating solid waste day­specific collection districts in the community. BACKGROUND Staff last presented this item to City Council on January 25, 2021.Staff was directed to continue to work to create waste hauler collection districts by day for solid waste collection for single­family homes and duplexes.Solid waste collection is regulated in Chapter 16 of the Chanhassen City Code. DISCUSSION There are currently five licensed solid waste haulers in Chanhassen serving single­family residential accounts.Hauler pickup days in Chanhassen are Monday, Tuesday, Wednesday, Thursday and Friday.Recycling pickup days are bi­ weekly.Additionally, yard waste collection and food compost collection are also provided by most of the haulers. City Code allows solid waste collection Monday ­ Friday, 7am – 6pm.Currently, Chanhassen has an entirely “open” system, where residents and businesses can choose any hauler licensed by the city. Staff submitted two districting plans to the haulers for comment.  Two responded.  There is no common system in response to the districts. RECOMMENDATION Staff is requesting direction from City Council on continuing to pursue the solid waste collection districting option including number of districts, locations of districts and proposed days of collection. ATTACHMENTS: Staff Report Email dated March 29, 2021 from Bob Generous to Waste Haulers Two­District Map Three­District Map Existing Areas/Days ST101 ST117 ST101 ST19 ST62 ST82 ST15 ST44 ST1 ST10 ST18 ST17ST14 ST69 ST61 2 1 +,212 ?A@7 ?A@101 ?A@41 ?A@5 Area 1(4,414 parcels) Area 2(6,450 parcels)0 6,000 Feet M City of Chanhassen Solid Waste Collection Districts ST101 ST117 ST101 ST19 ST82 ST62 ST15 ST44 ST1 ST10 ST18 ST17 ST14 ST69 ST61 3 1 2 +,212 ?A@7 ?A@101 ?A@41 ?A@5 Area 1(3,718 parcels) Area 2(3,015 parcels) Area 3(4,131 parcels)0 6,000 Feet M City of Chanhassen Solid Waste Collection Districts Randy’s / Republic Services Republic Services Waste Management Tuesday Wednesday Thursday Friday CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Discuss Outdoor Storage of Boats, Trailers and RVs Section 5:00 P.M. ­ WORK SESSION Item No: A.4. Prepared By Kate Aanenson, Community Development Director File No:  SUMMARY This item was tabled at the December 14, 2020 City Council meeting.  Attached are the minutes from the December 14, 2020 City Council meeting as well as supporting documents. BACKGROUND The City Code allows for the outdoor storage of trailers, boats, and recreational vehicles in the rear or side yard behind the front of the principle structure. One of the most common Code violation complaints that the city receives is that a neighbor is storing one of these items in their driveway in violation of this provision. Residents who receive a violation notice for this offense often express frustration that they cannot use their property as they wish and observe that many properties throughout the city do not follow this rule. Residents who lodge complaints about these items being stored in the driveway are often frustrated when the items are moved for a week or two and then reappear or when it takes weeks for the offending item to be relocated. Due to limited staff capacity, the inherently portable nature of the items, and the fact that many properties struggle to accommodate the side or rear yard storage of these vehicles, there is widespread non­compliance with this ordinance and it is extremely challenging to effectively enforce. A public hearing was held at the Planning Commission on November 17, 2020. A display ad and public hearing notice were put in the paper to ensure public input at that meeting. The Planning Commission recommended to approve the following changes to the ordinance: No more than two recreational vehicles, boats, and/or trailers may be parked or stored outside on a residential lot. Additional recreational vehicles, boats, and trailers may be kept within an enclosed structure which otherwise conforms to the zoning requirements of the district. Recreational vehicles, boats, and trailers must be maintained in a clean, well­kept, operable condition. Recreational vehicles, boats, and trailers shall be mobile and shall not be permanently affixed in the ground in a manner that would prevent removal. Recreational vehicles, boats, and trailers may be parked or stored in the following locations: One recreational vehicle, boat, or trailer may be parked or stored within the front yard setback in the driveway, provided that it is not located within the sight distance triangle, does not protrude into the road right­of­way, and does not obstruct the sidewalk. Recreational vehicles, boats, and trailers may be stored in the rear or side yard, provided that such storage does not extend beyond the front of the principal structure. The parking or storage of recreational vehicles, boats, and trailers in the rear or side yard may be on surfaced or unsurfaced areas. On corner or double frontage lots, storage or parking of recreational vehicles, boats, and trailers is not CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectDiscuss Outdoor Storage of Boats, Trailers and RVsSection5:00 P.M. ­ WORK SESSION Item No: A.4.Prepared By Kate Aanenson, CommunityDevelopment Director File No: SUMMARYThis item was tabled at the December 14, 2020 City Council meeting.  Attached are the minutes from the December14, 2020 City Council meeting as well as supporting documents.BACKGROUNDThe City Code allows for the outdoor storage of trailers, boats, and recreational vehicles in the rear or side yardbehind the front of the principle structure. One of the most common Code violation complaints that the city receives isthat a neighbor is storing one of these items in their driveway in violation of this provision. Residents who receive aviolation notice for this offense often express frustration that they cannot use their property as they wish and observethat many properties throughout the city do not follow this rule. Residents who lodge complaints about these itemsbeing stored in the driveway are often frustrated when the items are moved for a week or two and then reappear orwhen it takes weeks for the offending item to be relocated. Due to limited staff capacity, the inherently portable natureof the items, and the fact that many properties struggle to accommodate the side or rear yard storage of these vehicles,there is widespread non­compliance with this ordinance and it is extremely challenging to effectively enforce.A public hearing was held at the Planning Commission on November 17, 2020. A display ad and public hearing noticewere put in the paper to ensure public input at that meeting. The Planning Commission recommended to approve thefollowing changes to the ordinance:No more than two recreational vehicles, boats, and/or trailers may be parked or stored outside on a residential lot.Additional recreational vehicles, boats, and trailers may be kept within an enclosed structure which otherwiseconforms to the zoning requirements of the district.Recreational vehicles, boats, and trailers must be maintained in a clean, well­kept, operable condition.Recreational vehicles, boats, and trailers shall be mobile and shall not be permanently affixed in the ground in amanner that would prevent removal.Recreational vehicles, boats, and trailers may be parked or stored in the following locations:One recreational vehicle, boat, or trailer may be parked or stored within the front yard setback in thedriveway, provided that it is not located within the sight distance triangle, does not protrude into the roadright­of­way, and does not obstruct the sidewalk.Recreational vehicles, boats, and trailers may be stored in the rear or side yard, provided that suchstorage does not extend beyond the front of the principal structure. The parking or storage of recreational vehicles, boats, and trailers in the rear or side yard may be on surfaced or unsurfaced areas. On corner or double frontage lots, storage or parking of recreational vehicles, boats, and trailers is not permitted within any required front yard setback, except as provided under Section 20­910(4)(a) above. Recreational vehicles, boats, and trailers may not be used for outdoor storage; however, trailers designed and intended to convey other vehicles maybe used to store those vehicles (for example, snowmobiles may be stored outdoors on a snowmobile trailer). Unmounted slide­in pickup campers must be stored no higher than 20 inches above the ground and must be securely supported at least at four corners by solid support blocks or support mechanisms. Recreational vehicles may not be occupied or used for living, sleeping or housekeeping purposes for more than 7 consecutive days or more than 21 days within a 365­day period. Except for routine maintenance or during emergency conditions when power supply is disrupted, the operation of a recreational vehicle power generator plant shall not be permitted in residential districts. Routine maintenance periods shall not exceed 60 minutes per month. On December 14, 2020, the City Council considered the proposed amendment and moved to table the amendment with the recommendation that this item come back in a work session.    RECOMMENDATION Staff is seeking direction from City Council on this issue. ATTACHMENTS: City Council Meeting Minutes dated December 14, 2020 Issue Paper Research Table Resident Comments City Council Meeting – December 14, 2020 19 Councilwoman Coleman moved and Councilman Campion seconded that the Chanhassen City Council approves the site plan consisting of a 5,100 square-foot automotive repair shop, Planned Unit Development PUD Amendment for Chanhassen Gateway allowing automotive repair shops with standards, and summary ordinance 664 for publication purposes. Planning Case 2020-21 as shown in plans dated October 30, 2020, including the attached Findings of Fact and Decision, subject to conditions. All vote in favor and the motion passed 5-0. Mayor Ryan: Thanks, everyone. Thank you, Ms. Aanenson. I appreciate it. Now we get to the original New Business. APPROVE A CODE AMENDMENT REGULATING THE OUTDOOR STORAGE OF BOATS, TRAILERS, AND RECREATIONAL VEHICLES ON RESIDENTIAL PROPERTIES. Aanenson: This item kind of trickled down during a work session presented by the City Council. Complaints go either way. Some people want them and some people don’t. I’ve been asked to identify the problem. I’ll just give you a real brief overview and kind of let you ask the questions because obviously there are strong feelings on both sides. Some residents had expressed a desire to store trailers and recreational vehicles in their driveway. The problem is our current ordinance did not permit boat trailers and recreational vehicles be stored currently in the driveways and they are put in the side yards. Looking at allowing one boat trailer or recreational vehicle be stored because right now we don’t limit. We have a lot of vehicles. The rationale was just to see how this ordinance… Again, this is just a draft what we are recommending to you. We surveyed a number of cities. I’m not going to spend a lot of time going through all that empirical data but we surveyed a number of cities. How they enforce them and the number that they would have. Right now, except for the side yard we don’t limit the number in the back. The proposed change would allow one boat trailer or recreational vehicle be stored in the driveway so this would be the difference. You could put a camper or a boat in the driveway. It limits properties to storing a maximum of two. Again, as I stated we don’t have a cap right now. It includes boat trailers and the provision requiring items to be cleaned, well kept, and operable. Right now the only thing we say is operable is kind of RV so you could have an older boat kind of sitting there that you haven’t decided what you are going to do with yet, and then prohibit the storage of extraneous materials. Sometimes someone may have a trailer and they maybe put plywood boards up on it and fill it full of things and store it on the property. This illustrative drawing shows kind of where you could, where you can and cannot store. You can store, in the existing ordinance you can put it anywhere in your backyard. You can’t store it in the front yard or your driveway. You can store in the side yard which is very common. The proposed ordinance will allow you to put something in your driveway but not in the front yard and the side yard. Let’s show this a different way illustratively showing where the current ordinance, side yards and the rear. One of the things we talked about with the Planning Commission too, some people only have a 7-foot side yard, some people have a 10-foot. When you squish them in there and if you’re the neighbor, its not always appreciated when you look out your window and see those. Sometimes City Council Meeting – December 14, 2020 20 that can be a problem, too. And then the size of the trailer. Again, we have no limit. This would be the current ordinance. The red is where you can’t park them. The green is where you can, what’s being proposed. Right here would be where you could put something in your front driveway. Some of the discussions the Planning Commission had if you put something in the front driveway and then you take that capacity from using your cars, then your car’s going to go into the street. The Planning Commission did discuss that quite a bit and saying well if that’s a deterrent then maybe that’s a good thing. That maybe you need to put your boat somewhere else if it’s taking up some of the capacity as you get into those maybe the teenage years where you have more drivers or family visiting. This is the proposed ordinance. The red would not be allowed. You can only have one in the front. The other one would have to be on the side. I know there were questions about that, too at the Planning Commission. Again, the proposed ordinance red would be not prohibited. It’s over the property line. The sight distance in the side yard was also an issue, too making sure that you have those back where people can see behind. The proposed ordinance, again, the red is where you can’t and the green would be permitted. The proposed ordinance represents a change to something highly visible and longstanding. Herein, as you found out, is the rub. Because this has been going on for a long time. People have stored things on their property. To date, the way its been handled is on a complaint basis. Every neighborhood has their own tolerance. We also have HOAs that manage it or ask the City to manage it when it’s in the HOA but we, again, generally complaint based. The other thing, we did notice this in the Villager. I know some people felt like we should have done a survey. Typically, we don’t do a survey when we did like the ordinance allowing bees, those sort of things. We haven’t done that. We did try to do a placement ad on the front page of the paper and put them out on our social media platforms to ask for feedback. As you probably recognize, the Council would probably recognize that, some people didn’t feel that was adequate. Again, right before we came to the Council meeting we got about 30 resident comments and they’re split in favor and against. Some of the common ones preferenced for less regulation, that current enforcement is unfair, can’t store in the rear or side yard without damaging your property. People don’t like that. Opposed comments are that it harms aesthetics. People felt that it lowered property values, means more cars being parked in the street, as I said takes up some of that capacity. We did send you additional emails after the packet went out. Trying to stitch all those together. What we’re suggesting here is there is no rush on doing this. There are a lot of different ways you can go. Just take some more time. We can go out and try to get some, there are existing conditions out there that have never been enforced and I think that might be a little bit of angst for some people who are currently and now they have to change how they are doing that. I think that might be something we want to look at, doing a little bit more surveying this summer. Seeing how people are using their property and get a better handle on that. How many HOAs have enforcement. Maybe just taking some more time to gather more information from residents and kind of see if we can address those issues in a different way. Because this is city initiated, there is no deadline for this so we certainly, if you wanted to table this and have it come back on a work session and kind of get better direction of some idea that we may have, we would be happy to do that too. City Council Meeting – December 14, 2020 21 Mayor Ryan: All right. Thank you Ms. Aanenson. As you mentioned, its an issue that people feel passionately on both sides, if we’re talking sides, but just generally as it relates to this issue. One thing that I do want to make abundantly clear, I did receive a phone call right before I came here and it was a resident who opposed the ordinance change but alluded to the fact that the decision had already been made at Council. I just want to be very clear that no decisions are ever made before we have a Council meeting for number one; and number two, and particularly in this case, we have never even discussed this ordinance as a Council. It got brought up in a Council work session round table and then it moved forward and I thought in the short amount of time it was really well written in terms of doing the legwork and understanding it, but we really never discussed this as a Council. No decisions have been made. No discussion at Council and I still think that there is a lot of uncovering to do, in my personal opinion. But I want to hear from the rest of Council and get their thoughts on it as well. I think we have just barely scratched the surface in resident feedback as well as what all kind of the nuances are as it relates to this ordinance and what this ordinance could and should be that is the right way to go. With that, I will open it up to questions from Council and I will start again with you, Councilman McDonald, with any questions or comments. McDonald: Yeah. I guess I would echo a lot about what you said about being not sure that we’ve gone through this through the detail that we really should because every house in every neighborhood is different. I think it’s a little difficult to try to do a one-size-fits-all without looking at things. I mean based upon all of that, I would actually propose a motion that we table this and give Council a better opportunity to ask more questions and to kind of spread out the discussion a little bit more. I’m in favor of the motion to table. Mayor Ryan: All right. Thank you, Councilman McDonald. I’ll come back after we hear from everybody and if you wanted to make a motion at that time but we will just keep going through with any questions or comments. Councilwoman Tjornhom, any questions or comments? Tjornhom: Thank you. I think I would agree with Councilman McDonald. I don’t think this has had enough time to really be vetted and I think when you have residents that are responding to something this passionately, it deserves, that they deserve, Council’s time and thoughtfulness in making sure that whatever conclusion they come to, it’s something that works for everybody. Because everyone has a driveway and everyone has different ways of using that driveway. I would certainly be in favor of tabling this for now. Mayor Ryan: All right. Thank you, Councilwoman Tjornhom. Councilwoman Coleman? Coleman: I agree. I think a lot of people are just getting wind of this now. I’m even up to the Council meeting still getting emails and text messages about this issue. I don’t think it would hurt by any means to get a bit more public comment on this. Mayor Ryan: Great. Thank you, Councilwoman. Councilman Campion? City Council Meeting – December 14, 2020 22 Campion: Correct. I am comfortable if this issue gets tabled to allow more discussion; however, I am strongly in support of the proposal. I think that MacKenzie did a great job researching this and while it’s not perfect and there are going to be both sides to a topic like this, I think that this seems like a reasonable plan. It addresses some of the issues or nuances of the current ordinance but at the same time it does allow residents to use their driveway. To use their property. We do live in a city with multiple lakes and public launches and I think that forcing people that might have a two-car garage or just other circumstances where off-site storage of your boat during the summer time maybe is not a reasonable assumption. I am a boat owner myself, so I face some of these challenges. I see how it could be taken advantage of and people could be parking in excess in their driveway, or if they are not maintaining the upkeep and appearance of the boat, then we should be able to deal with those circumstances, but I do feel pretty strongly that the ordinance of no parking of boats in driveway is just unenforceable. I don’t think that the City is staffed adequately to be patrolling this City and making sure that no one is parking boats in their driveway. If you go and you start picking on one neighbor who happened to get reported by his neighbor, that seems unfair in that there are probably a couple hundred others that are doing the same across the city at any point in time over the summer. Those are my thoughts. Mayor Ryan: Thank you, Councilman Campion. As far as I’m concerned, as I stated in the beginning, I just think that there is still a lot that we need to uncover and I would like have this brought back to a work session and we can discuss it. And in the meantime figure out a way to continue to gather more feedback from HOAs, from residents, and then just look at kind of holistically, or big picture of what this ordinance means. I think that there are so many variables when it comes to the ordinance, whether it’s seasonable, number of boats, size of boats, RVs, campers, what that means. I think that there is just some real concerns that residents have as to the overall impact to the look and feel and aesthetics of a neighborhood. While one person may have that, the neighbor may not and doesn’t like the look and feel of it. I just think that we really need to do our due diligence in understanding what ordinance we are putting in place, and to Dan’s point, so that if the ordinance is there it has to be something that can be enforced in a reasonable manner. I think that’s kind of what got us into this in the first place. Before I ask Council, I know that there is some interest in tabling this. I know two residents are here to speak to this. I’m guessing that’s what you’re hear for? Even though it’s not a public hearing tonight, that was done at the Planning Commission, I do welcome you to come forward if you would like to say anything. Just state your name and address and if you have a couple of comments, we welcome those. Jackie Williams: 7547 Walnut Curve. I sent an email to all of the City Council. I also sent an email to the Planning Commission for their meeting before this meeting. I hope you all got that and read that. Yes, it went in the paper. Not everybody gets the Chanhassen paper or reads it. It went on Facebook. I’m on Facebook and I was it because I like the City of Chanhassen page. A lot of people aren’t on Facebook, or if they are on Facebook they may not like the Chanhassen City page so they might not see that. I would like to see a mass mailing go out possibly. Just a simple postcard that this is even being considered because I think most property owners I don’t think know that this is even trying to be done. I’m sure there will be many more people so I’m City Council Meeting – December 14, 2020 23 glad you’re talking about tabling it because I think there’s many more people that are really concerned about it and many of the Chanhassen residents take pride in their property and don’t want to look at RVs and boats in the neighbor’s driveway. It’s probably more in the summer than in the winter. We have good property values and I don’t want to see those go down. I’m hoping you’re vote no to this change because I think it’s an eyesore in a lot of neighborhoods. Houses have many different sizes and values here in Chanhassen but many of them are of high value, and I just can’t see those neighborhoods with RVs sitting in the driveways and boats and stuff all the time. I just think it’s an eyesore and it just doesn’t look good. I’m hoping that you can look into this more and vote no. Mayor Ryan: Thank you. Appreciate it. We don’t have anyone else here to speak but thank you for stepping forward and making those comments to add to the record as well. With that, there is a proposed motion on the screen. If there is an alternative motion, I know Councilman McDonald you had mentioned tabling it. You could make a recommendation of… I know that we don’t have to put a time limit on it because of it was brought forward by us and then if you could give direction to staff if it’s something that you would like to have brought back to a work session for further discussion. I directed that at you Councilman McDonald because you had first said that something you were interested in, but I would stand for a motion from anybody and any motion. McDonald: I’ll make the motion that the Chanhassen City Council tables the proposed ordinance amending Chapter 20, Zoning of the City Code concerning outdoor storage of boats, trailers, and recreational vehicles. I guess part of my suggestion also would be that maybe in January we make this one of our priorities for the city staff to look at so they can bring it back to Council within a timely manner within about the second or third quarter at the latest. That could be determined at the goal-setting meeting. Mayor Ryan: Great. Thank you. Before the additional comments, we do have a valid motion on the table. Is there a second? Coleman: I second the motion. Councilman McDonald moved and Councilwoman Coleman seconded that the Chanhassen City Council tables the proposed ordinance amending Chapter 20, Zoning of the City Code concerning outdoor storage of boats, trailers, and recreational vehicles. All voted in favor and the motion carried 5-0. Mayor Ryan: That motion carries 5-0. That item will be tabled and will come back. We’ll talk about it early in January when we talk goal strategies and then if it could be brought back to a work session for discussion and at that time maybe come up with a plan for communication efforts to HOAs rather than gathering feedback, etc. We will let you guys work on that plan. I appreciate it. Thank you for coming tonight. I appreciate it. MEMORANDUM TO: Planning Commission FROM: MacKenzie Young-Walters, Associate Planner DATE: November 17, 2020 SUBJ: Outdoor Storage: Boats, Trailers, and RV’s ISSUE Residents have expressed frustration with the ordinance’s prohibition on driveway storage and the fact that many homeowners do not abide by the ordinance, which creates the impression of unfair or ineffective enforcement practices. SUMMARY The City Code allows for the outdoor storage of trailers, boats, and recreational vehicles in the rear or side yard behind the front of the principle structure. One of the most common code violation complaints that the City receives is that a neighbor is storing one of these items in their driveway in violation of this provision. Residents who receive a violation notice for this offense often express frustration that they cannot use their property as they wish and observe that many properties throughout the City do not follow this rule. Residents who lodge complaints about these items being stored in the driveway are often frustrated when the items are moved for a week or two and then reappear or when it takes weeks for the offending item to be relocated. Due to limited staff capacity, the inherently portable nature of the items, and the fact that many properties struggle to accommodate the side or rear yard storage of these vehicles, there is widespread non-compliance with this ordinance and it is extremely challenging to effectively enforce. Staff conducted a review of how 19 other cities in the area regulate the outdoor storage of trailers, boats, and recreational vehicles, and found that the majority allow for some driveway storage. Staff believes that allowing residents to store a trailer, boat, or recreational vehicle in their driveway would resolve many of the enforcement issues with the current ordinance without meaningfully degrading the character of the City’s neighborhoods. Staff is also proposing adding requirements to limit the total number of these vehicles stored on a property to two, preventing these vehicles from obstructing sidewalks or sight lines, and preventing them from being used to store items not permitted by the City’s outdoor storage ordinance. Staff feels that the proposed amendment strikes an appropriate balance between allowing residents reasonable use of their property and preserving the appearance and character of the City’s neighborhoods. Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 2 RELEVANT CITY CODE Sec. 20-909. - Outdoor storage: Allows continued storage of boats, all-terrain vehicles, snowmobiles and trailers in side or rear yard. This storage may not extend past the front of the principle structure, and the front of the structure is defined as the side accessed by the driveway. Section 20-910. - Storage of recreational vehicles: Allows recreational vehicles to be stored in the side or rear yard behind the required front yard setback. It contains provisions regulating condition, maintenance, and on-site use of recreational vehicles. ORDINANCE HISTORY Ordinance 47, adopted in February of 1972, allowed for the outdoor storage of trailers, boats, and recreational vehicles in rear yards. Ordinance 47A, adopted in February of 1974, allowed outdoor storage of trailers, boats, and recreational vehicles in one side yard if rear yard was inaccessible. Ordinance 80, adopted in December of 1986, allowed outdoor storage of trailers, boats, and recreational vehicles in rear or side yards. This ordinance has not been substantively modified since its adoption; the handful of amendments passed all served to clarify rather than significantly alter the original ordinance. ANALYSIS Existing Ordinance: It has been staff’s experience that many residents object to living next to houses with multiple trailers, boats, and recreational vehicles in varying states of repair and disrepair spread across the property. These objections become even more stringent when these types of vehicles are located in the front yard and are readily visible from the street. There is general agreement that the lowered curb appeal associated with vehicles being stored in the front lawn lowers property values and constitutes a nuisance; however, there is not a clear consensus if vehicles stored in the driveway are undesirable in the same way as vehicles stored on the front lawn. There is also a strong deference to property owners’ rights to use their property as they see fit, so long as that use does unduly impact adjacent residents. In order to balance the right of property owners to store their possessions on their property with the impact of that storage on the surrounding neighborhood, the City has prohibited outdoor storage of trailers, boats, and recreational vehicles within front yards and driveways since 1972 while allowing storage within the rear yard. In 1986, the City loosened this ordinance to allow the storage of trailers, boats, and recreational vehicles in both the side and rear yards. Currently the City’s outdoor storage ordinance allows for the storage of trailers, boats, and recreational vehicles in the rear and side yard. This storage may be on improved or unimproved Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 3 surfaces but may not extend beyond the front of the principle structure. There is no stated limit on the number of trailers and boats that can be stored on a property, but properties are limited to one recreational vehicle and an excessive number of trailers or boats could violate the nuisance ordinance. The ordinance also has various provisions regulating the condition and use of these items. For example, the ordinance limits the amount of time that someone can live in a recreational vehicle stored on their property. The existing ordinance has the advantage of clearly stating where vehicles can be stored, i.e. if a boat, trailer, or recreational vehicle is anywhere in the front yard it is in violation of the ordinance, and since it has been in existence for 34 years many residents are aware of it. That being said, some residents have expressed frustration with the fact that other residents do not follow the ordinance and regularly store these items in their driveway. The City does not have enough dedicated code enforcement staff to proactively patrol for violations of this ordinance and instead responds to complaints. This leads to a situation where some neighborhoods do not mind and never report violations, but other areas quickly report any observed violations. The result can be residents not realizing that these items should not be stored in the driveway, since they see many violations as they drive around the City and then feeling surprised and frustrated when they are informed that they cannot store their boat, trailer, or recreational vehicle in the manner that they see others throughout the City storing them. While most residents are extremely responsive and correct violations once they are informed of them, there is a subset of residents who will move the item for a few days or weeks, just long enough to pass the follow up inspection, and then resume storing the boat, trailer, or recreation vehicle in its previous location. Since the City Code is designed to encourage compliance but not to be punitive, it is difficult and time consuming for the City to use the court system to issue citations or compel residents to take action to address a violation. In extreme cases where a resident chooses not to cooperate with the City, this means enforcement actions can drag on for months. Understandably, this creates a large amount of frustration for the individual who reported the violation as they continually call in the same violation and there is an appearance of inaction on the City’s part. Some of the language within the existing ordinance can also complicate enforcement issues. For example, the section on trailers and boats talks about “continued storage” but this term is not defined. Some residents have argued that if the boat is used most weekends it is not continued storage and should be allowed, whereas others have argued that a boat kept in a neighbor’s driveway overnight before a fishing trip once a year is a violation. Both of the above positions clearly violate the spirit of the ordinance, but it becomes much more difficult to determine what should be done in cases where a boat or trailer is present for a couple weekends each month or for a week during the start and end of the boating season each year. In the absence of clear guidance, the resident making the complaint or the resident who is notified of a violation will tend to feel the City is treating them unfairly, taking the other party’s side, or misinterpreting the City Code. Additionally, while the current ordinance does limit the number of recreational vehicles to one, it does not limit the number of boats and/or trailers that can be stored on a property. This has led to situations where a neighbor feels that multiple boats and trailers being stored on a property are unsightly, but these items are all being stored in a manner consistent with the outdoor storage ordinance. In extreme cases, the City can use the nuisance ordinance to address the complaint, but Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 4 typically, a case cannot be made that boats and trailers in good repair stored in the rear yard out of view of the public constitute a public rather than private nuisance. The public versus private nuisance distinction is always the threshold for City action. A final concern is the fact that the existing ordinance was created before the City’s Residential Low and Medium Density (RLM) and most of the City’s Residential Planned Unit Development (PUDR) districts. The RLM district and some small lot/cluster PUDRs allow for 5-foot side yard setbacks on the garage side. While the outdoor storage ordinance allows for boats, trailers, and recreational vehicles to be stored in the side yard, most of these items are too wide to fit alongside the garage in these districts without crossing the property lines. Similarly, the 5-foot garage side yard may not allow a resident to transport these items to the rear yard for storage purposes without trespassing on their neighbor’s property. This creates a situation where homeowners in these districts are effectually unable to utilize their property for the outdoor storage of boats, trailers, or recreational vehicles. The above issues with enforcement and clarity as well as those caused by changes to the City Code since the ordinance was initially adopted, are the reasons why staff believes that the existing ordinance should be reevaluated and amended. Possible Impacts of Amending: As was observed in the previous section, the existing ordinance has been in place for 34 years and due to this, many residents have longstanding expectations that boats, trailers, and recreational vehicles will not be stored in driveways. Some residents may see amending the ordinance to allow for this type of storage as a loosening of standards that will lower the aesthetic character of their neighborhood and negatively affect their property values. Many of these residents may also have arranged to store their own boats, trailers, and recreation vehicles offsite and they may feel it is unfair to alter the City Ordinance to accommodate neighbors who are unwilling to adhere to existing community standards. Alternatively, they may simply be relieved that they no longer have to pay to have these items stored in other locations and may not be bothered by the presence of a boat, trailer, or recreational vehicle in a driveway. In a similar vein, multiple homeowners associations (HOAs) in the City have covenants or policies prohibiting the outdoor storage of boats, trailers, or recreational vehicles or preventing these items from being stored in the driveway. While there is nothing requiring the City Code to align with HOA rules and HOAs can adopt provisions that are more restrictive than the City Code, staff is aware that significant differences between HOA rules and City Code can create confusion for residents and HOA representatives. Additionally, some HOAs prefer to use the City to enforce their rules when they overlap with City Ordinances, and these HOAs may be frustrated by any change in City policy that requires them to actively enforce their policies. Finally, other HOAs that feel strongly about items not being located in driveways may not have enacted bylaws addressing this issue because they knew that City Code already prohibited it. In addition to the more visible proposed changes to the City’s policy on permitting the storage of these items in driveways, staff is also recommending setting a limit on the total number of boats, trailers, and/or recreational vehicles that can be stored outdoors on a property. Anecdotally, staff does not believe a significant number of properties have more than two of these items stored Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 5 outdoors; however, any resident that is accustomed to having more than that number of items stored on their property would be negatively impacted by the proposed limit. While these residents will likely be opposed to this limit, it is possible that their neighbors will be supportive of it and feel that it improves the neighborhood aesthetic. Staff anticipates that any enforcement of the proposed limit would need to be conducted with a great deal of compassion and flexibility, as formally compliant properties may need to find a new location for some of their boats, trailers, or recreational vehicles. Lastly, as was discussed in the previous section, the difficulties in enforcing this ordinance and apparent inconstancies caused by the complaint based nature of the City’ enforcement process causes a great deal of frustration for all parties. Staff believes that expanding the permitted storage options for residents will reduce the amount of frustration generated by the outdoor storage ordinance by removing the most common and visible violation. While it is difficult to know what the majority of residents would prefer, the City has taken out an ad in the paper and used its online tools to solicit public input during and in advance of the public hearing. Hopefully, the received comments will help the Planning Commission determine which of these impacts the proposed changes will have for the majority of residents. Other Communities: Staff reviewed the policies of 19 municipalities, including Chanhassen, in order an attempt to identify local trends in regulating outdoor storage. A list of the communities surveyed and a brief write up of their policies is included as an attachment to this report. There was a great deal of variation in the various ordinances, but staff was able to identify several trends. Common areas regulated were: 1) where in the yard boats, trailers, and recreational vehicles can be kept; 2) setbacks for the storage of these vehicles; 3) what surfaces vehicles can be kept on; and, 4) number of vehicles that can be stored on a property. While most communities surveyed permitted driveway storage, many of those communities limited that storage in some way. As the table shows, approximately one in five cities, including Chanhassen, did not permit any storage of boats, trailers, or recreational vehicles in driveways. An identical percentage of cities allowed the unrestricted storage of boats, trailers, and recreation vehicles in the driveway. The rest allowed the use of driveways for storage, but limited that storage by season, i.e. boats were allowed in the driveway only during boating season, or placed limits on the size, number, or types of vehicles. Many of these Cities also had provisions requiring that items stored in the driveway be setback a minimum distance from the road or front lot line. Allowed on driveway Yes Yes with limits* Seasonally No # of City's allowing 4 7 4 4 % of total 21.05% 36.84% 21.05% 21.05% *Typical limits: number of vehicles, type of vehicles, length of vehicles, height of vehicles, curb setbacks, or demonstrated lack of alternative location. Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 6 Most Cities, 16 out of 19, also required side yard setbacks. The most common side yard setback was 5-feet, 11 out of 19 Cities, but four Cities used a sliding setback based on vehicle size or required vehicles to meet zoning distract setbacks. One City imposed a ten-foot side yard setback for all outdoor storage. Chanhassen was one of three Cities that did not impose a side yard setback. There was a more even split between Cities that required vehicles stored in the side or rear yard to be parked upon an improved surface and those that did not. Just over half, 11 of 19, did not require trailers, boats, and recreational vehicles to be parked on an improved surface. Chanhassen was one of the Cities that allowed these types of vehicles to be parked on grass. The other eight Cities required that all vehicles be parked on a parking pad made of concrete, bituminous, pavers, or other approved hard surface. Finally, a great deal of variation was present in if and how communities limited the number trailers, boats, and recreational vehicles that could be stored outdoors on residential properties. Just under half of the Cities surveyed, eight of 19, did not place a limit on the number of vehicles. Chanhassen was one of the Cities that did not explicitly limit the number of items that could be stored. The eleven Cities that did regulate the number of vehicles stored outdoors used many different systems. Some allowed up to four vehicles to be stored but included cars as well as boats, trailers, and recreational vehicles in that total. Others regulated by type or size allowing two or three boats trailers, and/or recreational vehicles but only one of a certain type or over a certain length or height. When passenger vehicles were not included in the count, a limit of two or three total boats, trailers, and recreational vehicles was the most common cap for communities with a limit on the number of items stored outdoors. As the information above shows, there is a great deal of variety in how Cities regulate the outdoor storage of boats, trailers, and recreational vehicles. Chanhassen’s current ordinance is more restrictive than most in that it does not allow for any storage within driveways, but more flexible than most because it does not require outdoor storage to meet any side yard setbacks. Similarly, Chanhassen’s ordinance is in the minority by not limiting the number of vehicles, but in the majority by not requiring storage on improved surfaces. However, in both of the last two categories there is a very even split between communities. Potential Areas for Change: Examining other Cities’ ordinances can provide useful information, but each City’s outdoor storage ordinance needs to reflect the expectations of their residents, limitations of their zoning districts, and available enforcement resources. Keeping in mind these elements, staff evaluated the following areas within the City’s outdoor storage ordinance for potential amendment: 1) driveway storage; 2) side yards setbacks; 3) allowed surfaces; 4) size of items; 5) number of items; and, 6) duration of storage. The first issue is likely to have the largest impact on the perceived character of the City’s neighborhoods. Staff knows that there are strong feelings on both sides; however, staff also realizes that the driveway storage prohibition is frequently violated and cannot be effectively enforced with current resources. As was discussed earlier, these enforcement issues have created a large amount of frustration for residents, both those abiding by and those violating the ordinance. Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 7 While allowing driveway storage would be a significant change on paper, the fact that violations of these ordinances are as common as they are means the actual change to the City’s neighborhoods would be more limited. Certainly, some properties that currently store boats, trailers, or recreational vehicles off site would switch to storing them in their driveway, but given the prevalence of driveway storage in some neighborhoods the visual impact of this uptick is unlikely to be dramatic. Additionally, in neighborhoods where HOA covenants prevent the outdoor storage of boats, trailers, and recreational vehicles, those rules would still be in force and there would be no change. Residents living in HOAs that do not currently ban this type of storage would also have the option of passing new bylaws to create or maintain desired neighborhood standards. Outside of aesthetic concerns, the most significant issue with allowing driveway storage is the possibility for this storage to obstruct sightlines, sidewalks, or the public right-of-way. These concerns can be addressed by requiring driveway storage to be inside of the front property line. Most city streets have 10 to 15 feet of public right-of-way between the curb and start of a resident’s property. This gap between the rear of stored vehicles and the road will keep the site lines clear in most cases and will prevent any obstruction to vehicles traveling on the road. Sidewalks are typically located within this area as well, which means stored vehicles should not obstruct this infrastructure. A potential complication is the fact that many residents are not aware of the location of their front property lines and some education and enforcement may be required to address vehicles parked on the driveway partially within the public right-of-way. While enforcing this provision will require some education, since residents will have a simple solution of pulling the vehicle further forward, rather than a more complicated and expensive solution like finding and paying for offsite storage, rates of compliance and cooperation will be higher. Given the above, allowing boats, trailers, and recreational vehicles to be stored in the driveway with provisions requiring they be stored behind the front lot line, not obstruct sidewalks, and be clear of the sight distance triangle would provide residents additional flexibly and remove a persistent enforcement issue. The second issue is the fact that the City does not currently require outdoor storage to meet any side yard setbacks. The rational for that policy is that these items are mobile and do not meet the definition of a structure. Additionally, if the City were to require outdoor storage to adhere to a 5-foot side yard setback it would create a Code provision that many, if not most, residents could not take advantage of. Most of the City’s detached single-family homes are located in districts with 10- foot side yard setbacks and many of these homes are built exactly at that 10-foot setback on the garage side. Since many boats, trailers, or recreational vehicles are wider than five feet, these homes would not actually be able to store items in their side-yard, despite the ordinance saying they can. Finally, many residents have become accustomed to storing these items alongside their garage within five feet of their side lot line and would likely be frustrated by a change to the City’s ordinance that prohibits storage in that location. To date staff has not received a significant number of complaints from residents upset by the side yard storage of boats, trailers, and recreational vehicles. Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 8 The existing expectations for side yard storage and the setbacks of the prevailing residential districts mean that implementing a side yard setback for outdoor storage would create significant enforcement issues. For these reasons staff does not recommend altering this portion of the ordinance. The third issue, allowed surfaces, is closely related to the second issue of setbacks. All improved surfaces like gravel, concrete, bituminous, and pavers would be considered a structure or driveway under the City Code and would be subject to the relevant setbacks. If the City were to require that boats, trailers, and recreational vehicles be stored on improved surfaces, it would essentially be creating a 5-foot minimum setback, which would involve all of the concerns explored in the second item. Beyond those issues, it would also lead to a situation where properties up against their lot cover limit would be unable to store their boats, trailers, and vehicles on their property due to an inability to add a parking pad. This could create situations where residents who were previously able to store these items in their rear or side yard are no longer able to do so. Generally, the rationale for requiring improved surfaces is aesthetic, i.e. people believe it looks nicer, and to protect yards from being damaged by storage. Staff does not believe there is any compelling reason to require boats, trailers, and recreational vehicles to be stored on improved surfaces and is not recommending altering this portion of the ordinance. The fourth issue, size of items, is not currently regulated by the City. There is an obvious difference in the visual impact that storing a 14-foot high 45-foot long recreational vehicle has versus the visual impact that storing a 12-foot long fishing boat has. Some Cities have attempted to address this by establishing maximum height and length requirements for the outdoor storage of trailers, boats, and recreational vehicles. In reviewing the policies of other municipalities, there did not appear to be any consensus on how big was too big and many municipalities allowed smaller vehicles to be stored in driveway while relegating larger vehicles to the side or rear yard. The main rationale behind these types of policies is a desire to prevent vehicles from extending into the right-of-way, obstructing sidewalks, and blocking sight lines, as well as mitigating the visual impact on neighbors. All of these goals, except the last, can be better managed by requiring trailers, boats, and recreational vehicles to be located behind the front lot line and clear of the sight distance triangle. This type of approach will also serve to indirectly limit the length of these items due to the tendency of homes to be built right up to their minimum front yard setback. In practice, this would mean that most properties would be able to accommodate the outdoor storage of something 20 to 25 feet long since the most common front yard setbacks are 25 and 30 feet. In cases where houses are set back significantly further from their front lot line, the visual impact of the increased size of items will be partially offset by increased distance from the road. Ultimately, the concern is that any size limit imposed will be arbitrary and subject to challenge by residents upset that their neighbor’s 22-foot boat is okay but their 24-foot boat is not. There are also enforcement challenges created by an ordinance that requires inspectors to enter private property to Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 9 measure the length and height of vehicles. Staff believes that the indirect limits created by requiring these vehicles to be inside of the front lot line are sufficient to address the major concerns associated with the size of stored items. The fifth issue, number of items, is mostly unregulated by the City’s outdoor storage ordinance. The ordinance does limit properties to a maximum of one recreational vehicle, but does not limit the number of trailers and boats that can be stored on a property. From time to time, the City does receive complaints from residents about properties that have multiple trailers, boats, and recreational vehicles stored outside. Often residents feel that large numbers of these items stored on a property create an unpleasant appearance and violate neighborhood norms. Despite this, when the items are in good repair it is difficult to make the case that they violate the nuisance ordinance and if they are located in the rear or side yard, they meet the requirements of the City’s outdoor storage ordinance. The presence of large numbers of boats, trailers, and recreational vehicles on a single property can be visually unappealing and be out of keeping with the character of the City’s single-family neighborhoods. Currently, staff is aware of a relatively small number of properties that have more than two of these items stored outside; however, an unintended consequence of allowing residents to use their driveways to store these items may be an increase in the number of trailers, boats, and recreational vehicles stored on a single residential property. The presence of multiple boats, trailers, and recreational vehicles in a single driveway could significantly affect the curb appeal of a property. These concerns can be mitigated by limiting residential properties to storing a maximum of two trailers, boats, and/or recreation vehicles and allowing the storage of no more than one of these in the driveway. The final item, duration of storage, is a source of ambiguity within the existing City Code. The outdoor storage ordinance prohibits continuous storage outside the rear or side yard, but does not provide any guidance on what constituted continuous storage. The ordinance does specify that recreational vehicles can be stored in the driveway for up to 24 hours for loading or unloading, but no such guidance is provided for boats and trailers. Many times the City receives a spike in outdoor storage complaints at the start and end of boating season as boats spend a week or two stored in driveways as residents arrange to transfer them between their seasonal storage locations. Additionally, as was noted earlier in this report, staff often encounters problems enforcing the ordinance in situations where these items are kept in the driveway for a couple days each month. Allowing the storage of one boat, trailer, or recreational vehicle within the driveway will help resolve these issues. If driveway storage is permitted, the temporary location of boat, trailer, or a recreational vehicle will not create a location violation. While there may still be issues with a second item being placed in the driveway during transition times, there will be an easily executable solution of moving the item not currently being used to the rear or side yard to resolve the violation. Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 10 Adopting language limiting the number of days or hours an item can be stored in a certain location is problematic in that enforcement is very difficult since staff does not have a practical mechanism for tracking this. If the ordinance is not amended to allow for the keeping of one item in the driveway, language clarifying the term continuous storage should be adopted. If the ordinance is amended to permit driveway storage, staff does not believe any regulations on the duration of permitted storage within the driveway will be needed. Proposed Changes Staff is proposing the following changes to the City’s outdoor storage ordinance: Sec. 20-909 (6) Continued storage of recreational vehicles, boats, all-terrain vehicles, snowmobiles and trailers, subject to the requirements of Section 20-910. may be stored in the side or rear yard, if owned by a resident owner or lessee of the property and subject to the following: a. Such storage may not extend beyond the front of the principle structure. b. On corner and double frontage lots, the front of the structure shall be defined as the side accessed by a driveway to the public street. Staff is recommending moving all clarifying provisions to Sec. 20-910 to increase clarity, with Sec. 20-909 only stating that the storage of recreational vehicles, boats, and trailers is permitted subject to those standards. Sec. 20-910. - Storage of recreation vehicles. Outdoor storage of recreational vehicles, boats, and trailers. Staff is recommending making this section apply to recreational vehicles, boats, and trailers rather than just recreational vehicles. Recreational vehicles, boats, and trailers owned by a resident owner or resident lessee of the property may be parked or stored in a residential or agricultural district provided the following conditions are met: The additions in this section are the existing language from Sec. 20-909(6) and should be retained to ensure that the vehicles stored on a property belong to the person residing there. (1) No more than one two recreational vehicles, boats, and/or trailers may be parked or stored outside on a residential lot. Additional recreational vehicles, boats, and trailers may be kept within an enclosed structure which otherwise conforms to the zoning requirements of the district. Establishes a limit of two recreational vehicles, boats, and/or trailers. This would increase the allowed numbers of recreational vehicles from one to two, but also establish a limit on the number of boats and trailers allowed. Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 11 (2) Recreational vehicles, boats, and trailers must be maintained in a clean, well-kept, operable condition. Expands existing provision to include boats and trailers. (3) Recreational vehicles, boats, and trailers shall be mobile and shall not be permanently affixed in the ground in a manner that would prevent removal. Expands existing provision to include boats and trailers. (4) Recreational vehicles, boats, and trailers may be parked or stored in the following locations: a. One recreational vehicle, boat, or trailer may be parked or stored within the front yard setback in the driveway, provided that it is not located within the sight distance triangle, does not protrude into the road right-of-way, and does not obstruct the sidewalk. b. Recreational vehicles, boats, and/or trailers may be stored in the rear or side yard, provided that such storage does not extend beyond the front of the principal structure. The parking or storage of recreational vehicles, boats, and/or trailers in the rear or side yard may be on surfaced or unsurfaced areas. c. On corner or double frontage lots, storage or parking of recreational vehicles, boats, and/or trailers is not permitted within any required front yard setback, except as provided under Section 20-910(4)(a) above. Recreational vehicles may be parked or stored only on the rear or side yard behind the required front yard setback. The parking or storage of recreational vehicles on the rear or side yard, as permitted herein, may be on surfaced or unsurfaced areas. Permits driveway storage of up to one recreational vehicle, boat, or trailer. This storage would need to be clear of the right-of-way, not obstruct sidewalks, and not block the sight distance triangle. Requires that storage on corner/double frontage lots be clear of required front yard setback for the side street. Sec. 20-910(4).b-c mirrors existing Sec. 20-909(6)(a-b). (4) Recreational vehicles, boats, and trailers may not be used for outdoor storage; however, trailers designed and intended to convey other vehicles maybe used to store those vehicles (for example, snowmobiles may be stored outdoors on a snowmobile trailer). Recreational vehicles may be stored on a lot without regard to the location on the lot for the sole and express purpose of loading and unloading for a period not to exceed 24 hours. Makes it clear that snowmobiles/ATVs/etc. may still be kept outside on trailers (as currently allowed in Sec. 909(6); however, does not allow residents to pile “junk” in boat/utility trailer and claim it is allowed as part of permitted outdoor storage. Issue 5: Proposed Outreach and Timeline Amending the outdoor storage ordinance would have a significant impact on the City’s residents and could lead to a great deal of confusion as residents discover that previously prohibited practices are now permitted. In order to avoid this, staff is proposing that the amendment be passed with a clause Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 12 specifying that it will go into effect on April 1, 2021. This delayed implementation will allow time to engage in community outreach and education to help make sure residents are aware of the new ordinance. Specifically, articles will be published in the City’s Connection newsletter and in the Chanhassen Villager explaining the changes. The City’s website and social media will also be used to help publicize the new ordinance. Staff is optimistic that with multiple articles running on multiple platforms for several months, most residents will be exposed to the revised ordinance before it goes into effect. Staff has already gone significantly beyond the minimum public notification requirements by taking out an ad informing people of the proposed changes in the Chanhassen Villager and by featuring the proposed amendment on the front page of the City’s website. Social media platforms were also utilized. It is hoped that these steps have already reached many residents who would have missed a single legal notice in the paper, and that individuals who feel strongly about this issue have taken the opportunity to weigh in on the proposed changes. ALTERNATIVES 1) Do nothing. The City’s existing policy is reasonable and functional. 2) Amend the outdoor storage ordinance to allow up to two recreational vehicles, trailers, and boats to be stored outdoors, with no more than one permitted in the driveway. 3) Amend the outdoor storage ordinance to allow for the storage of recreational vehicles, trailers, and boats in the driveway. 4) Amend the outdoor storage ordinance to allow for the storage of recreational vehicles, trailers, and boats on improved surfaces. 5) Amend the outdoor storage ordinance to clarify the term continuous storage. RECOMMENDATION Staff recommends Alternative two. Staff believes that this proposal strikes an appropriate balance between allowing residents reasonable use of their property and preserving the appearance and character of the City’s neighborhoods. The proposed ordinance would read as follows: Sec. 20-909. - Outdoor storage. As otherwise regulated, all outdoor storage is prohibited except: (1) Clothes line poles and wires. (2) Construction and landscaping material currently being used on the premises. (3) Swings, slides and other play equipment. Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 13 (4) Outdoor furniture and lawn and garden equipment. (5) Wood for burning in a fireplace, stove or furnace provided it is stored as follows: a. In a neat and secure stack, not exceeding four feet. b. The wood stack is not infested with rodents. c. The wood is not kept in a front yard. (6) Continued storage of recreational vehicles, boats, all-terrain vehicles, snowmobiles and trailers, subject to the requirements of Section 20-910. may be stored in the side or rear yard, if owned by a resident owner or lessee of the property and subject to the following: a. Such storage may not extend beyond the front of the principle structure. b. On corner and double frontage lots, the front of the structure shall be defined as the side accessed by a driveway to the public street. (7) Outside storage of tires is prohibited. (8) PODS (personal on demand storage) and roll-off dumpsters may be located a property a minimum of six feet away from the house for fire protection and at least ten feet from any property line. Such containers may be kept on-site for a maximum of 30 days per year. An extension of the 30 days may be granted by the city if the container is used in conjunction with a valid and ongoing building permit. Sec. 20-910. - Storage of recreation vehicles. Outdoor storage of recreational vehicles, boats, and trailers Recreational vehicles, boats, and trailers owned by a resident owner or resident lessee of the property may be parked or stored in a residential or agricultural district provided the following conditions are met: (1) No more than one two recreational vehicles, boats, and/or trailers may be parked or stored outside on a residential lot. Additional recreational vehicles, boats, and trailers may be kept within an enclosed structure which otherwise conforms to the zoning requirements of the district. (2) Recreational vehicles, boats, and trailers must be maintained in a clean, well-kept, operable condition. (3) Recreational vehicles, boats, and trailers shall be mobile and shall not be permanently affixed in the ground in a manner that would prevent removal. (4) Recreational vehicles, boats, and trailers may be parked or stored in the following locations: a. One recreational vehicle, boat, or trailer may be parked or stored within front yard setback in the driveway, provided that it is not located within the sight distance triangle, does not protrude into the road right-of-way, and does not obstruct the sidewalk. Planning Commission Outdoor Storage: Boats, Trailers and RV’s November 17, 2020 Page 14 b. Recreational vehicles, boats, and/or trailers may be stored in the rear or side yard, provided that such storage does not extend beyond the front of the principal structure. The parking or storage of recreational vehicles, boats, and/or trailers in the rear or side yard may be on surfaced or unsurfaced areas. c. On corner or double frontage lots, storage or parking of recreational vehicles, boats, and/or trailers is not permitted within any required front yard setback, except as provided under Section 20-910(4)(a) above. Recreational vehicles may be parked or stored only on the rear or side yard behind the required front yard setback. The parking or storage of recreational vehicles on the rear or side yard, as permitted herein, may be on surfaced or unsurfaced areas. (5) Recreational vehicles, boats, and trailers may not be used for outdoor storage; however, trailers designed and intended to convey other vehicles maybe used to store those vehicles (for example, snowmobiles may be stored outdoors on a snowmobile trailer). Recreational vehicles may be stored on a lot without regard to the location on the lot for the sole and express purpose of loading and unloading for a period not to exceed 24 hours. (6) Unmounted slide-in pickup campers must be stored no higher than 20 inches above the ground and must be securely supported at least at four corners by solid support blocks or support mechanisms. (7) Recreational vehicles may not be occupied or used for living, sleeping or housekeeping purposes for more than seven consecutive days or more than 21 days within a 365-day period. (8) Except for routine maintenance or during emergency conditions when power supply is disrupted, the operation of a recreational vehicle power generator plant shall not be permitted in residential districts. Routine maintenance periods shall not exceed 60 minutes per month. g:\plan\city code\2020\2020-05 - outdoor storage on residential property\boat storage issue paper.docx City Code Section/Reference Recreational Vehicles Yes Yes with limits*Seasonally No Chanhassen Sec. 20-909 and 20-910 Side/Rear Yard behind front of principle structure for boats and trails, clear of front yard setback for RVs, max one RV, surface does not need to be improved.# of City's allowing 4 7 4 4 19 Chaska Chapt 14, Article II, Division 1, Section 26; Sec. 9.2.1.4; Sec 9.2.2; Sec. 9.2.3.1 Up to 4 vehicles (all types cars and recreational) in front yard/driveway, must be on surfaced parking area (except rural zones), only one vehicle over 30' in length is permitted per lot. Front/Side/Rear parking areas are subject to dwelling unit/accessory building setbacks, whichever is less.% of total 21.05%36.84%21.05%21.05% Cottage Grove Sec. 11-3-9; Sec. 6-2-4.C Up to 4 vehicles (all types cars and recreation) per lot, must be on surfaced parking areas (asphalt/concrete if in front, another hard surface if behind front plane of principle structure), parking areas must meet accessory structure setbacks Elk River From Website FAQ, couldn't find code reference/section Not allowed in front yard setback/driveway (unless 20' of space between RV and sidewalk and 6' of screening is present), must be on improved surface, must be at least 5' from property line Hopkins Sec. 102-164(9), Sec. 102-164(11)One non-passenger vehicle or one building for winter ice fishing less than 22 feet in length, not in front yard except 1 boat in driveway from May 1 to October 31. One non-passenger vehicle over 22 feet in length (5' off lot line and screened). Recreation vehicles allowed in driveway for 48 hours (loading/unloading). Improved surface Unimproved Inver Grove Heights From Website FAQ, Sec. 10-15A-3 Boats, Campers, RVs can be stored in side or rear yard so long as 5' from side lot line and 8' from rear lot line. Can be located in front if on driveway or parking pad. Front yard parking area must be asphalt/concrete/pavers. Max of 2 in R- 1C district.8 11 Lino Lakes Sec. 1007.044(11)(b)Recreational vehicles and Trailers must be setback 5' from side/rear lot line, in front yard must be located on driveway or parking pad, must meet sliding street setback depending on road classification (15' local to 30' major arterial), can't be used for storage 42.11%57.89% Prior Lake Sec. 1102.700(3)Recreational vehicles allowed seasonally (Nov 1 to April 1 for winter, April 1 to Nov 1 for summer) in front yard on or adjacent to driveway. Out of season must be in rear or side yard. May not be in front yard unless receives exemption. Must meet 5' side/rear setback Rosemount Sec. 8-2-5, Website Guide Recreational vehicles must be stored on improved surface. If under 23' long they may be stored in driveway but must be 15' from curb and clear of sight triangle. If over 23' long may not be stored in driveway. Summer related RVs allowed in driveway from April 1 to Nov 1 and Winter related allowed in driveway from Nov 1 to April 1. RV's can be stored in side yard behind front line of residence on improved surface, must be setback 5' from rear/side. If corner lot must be setback 30'. RVs stored in side/rear yard must be screened. Side Setbacks Savage From Website Guide, couldn't find code reference/section Up to 3 recreational vehicles in rear or side yard, must meet 5' side/rear setback or be 100% screened. During seasonal use up 2 recreational vehicles may be stored on driveway if does not obstruct sidewalk or protrude into right-of-way. May not exceed 34' in length.Yes No 5 10 Variable Shakopee From Website Guide, Sec. 151.141(G)Only 1 RV under 35' in length may be stored outdoors, must be stored on improved parking area, may be stored in driveway, Up to 2 boats/trailers up 20' long may be stored in rear or side yard (unimproved), must meet 5' side/rear setback.16 3 11 1 4 Stillwater Sec. 31-315 Storage of recreational vehicles allowed in Rural Residential District if screened by fence/landscape from road and neighbors view. Note: found newspaper article saying in 2016 they were looking at requiring vehicles parked in front/side yards to be on improved surface. Cannot determine what happened. 84.21%15.79% Minnetonka Sec. 845.020 Up to 4 vehicles stored outside. If parked in front yard must be on driveway, Eden Prairie From Website FAQ, Sec. 11.03 Sub 3.J.3 Up to 2 RVs, may not exceed 12' in height, if in front yard must be on improved surface and setback 15' from curve, 10' side/rear setback Victoria Sec. 12-61(b)(2), Sec. 20-59(e.) Recreational vehicle allowed on a seasonal basis, must meet setbacks 0 5 10 Variable* Shorewood Sec. 1201.03 Sub 3.7 One allowed in driveway 15' from street if can't be stored in buildable lot area, RVs may be stored in buildable lot area 3 11 1 4 Waconia Sec. 900.06.C.4 Not permitted in front or street side yard. Must meet 5' rear/interior side setback.15.79%57.89%5.26%21.05% St. Louis Park From Website Guide Oversized RV: 8'+ high, 22' long, max of 1 in backyard, must be screened; Midsize RV: 6-8' high, less than 22' long, max of 2 in backyard or alongside house on paved surface; Small RV: less than 6' height, less than 22' long, max of 2 in backyard or alongside house on paved surface, or in side yard on paved surface with screening. No more than a total of 2 RVs can be stored outside. Edina Sec. 26-338 Max 2 RVs (not more than one motorhome), must meet 5' side yard, 25' rear yard setback and street setbacks, must be closer to your home than neighbors, allowed 7 days in driveway if 5' from side and 15' from curb; In non-R-1, R-2, PRD-1 and PRD-2 must be on improved surface. Carver Sec. 46-169 5' setback from property lines, must be on improved surface, may not encroach on any yard setback accept front yard. No limit limit 8 11 42.11%57.89% Number of vehicles 5' (or more) side setback Required Side Setback *Typically said must meet building setbacks, accessory structure setbacks, or parking pad setbacks Outdoor Recreation Vehicles Storage (Boats, Trailers, RVs, etc.) Allowed on driveway *Typical limits were: number of vehicles, type of vehicles, length of vehicles, height of vehicles, curb setbacks, or demonstrated lack of alternative location. Note: all required improved surface if front yard Permitted Surfaces Date Name Driveway (Y/N)Vehicle limit (Y/N)Comments 11/5/2020 Kathy Kirkeby Asked what was being proposed. Sent email on 11-5 (saved in folder) expressing concern that ordinance would make it harder for people to engage in outdoor storage (email was sent before details of proposed changes were available). 11/6/2020 Jeff Grover N NA Against proposed changes. Many people have too many cars in driveway, shouldn't allow more. If folks can afford these things, they can afford to store them. 11/9/2020 Jeff and Barb Peshek N NA Against proposed changes. Not enforced and neighborhoods look awful, people have large items and will be very noticeable, people with stored relatives/friends equipment. 11/9/2020 Konrad Siefker Y NA Unfair enforcement; difficult to comply with existing; should be changed 11/9/2020 Joe McLellan Y NA Supports the change. 11/9/2020 Tyson Paul Y NA Supports the change. 11/9/2020 Steven Brown Y NA Can't use side/rear without damaging landscaping. Widened driveway for storage. 11/13/2020 Mary Jane Olson N NA Against policy changes. Already complain about driveway storage in neighborhood. Will hurt their property value, cause friction between neighbors and degrade aesthetics. 11/10/2020 Linda Nelson Y NA Support ordinance change to allow boats, trailers and recreational vehicles to be stored in driveways even in the summer! 11/11/2020 Jackie Williams N N ABSOLUTELY NOT. Thinks each Chanhassen resident should have received a mailing regarding this. Chanhassen has always had good property values because of this ordinance. Should this ordinance change, so will our property values. You could add that garbage cans should be out of sight from the street too. 11/11/2020 Boyd Peterson N N Don’t see a modification of the standards in place at this time in relation to outside storage. 11/12/2020 Peter Keller N N Enforce current ordinance. It's meant to keep our neighborhood looking nice. 11/17/2020 Alan Nikolai Y Y The less government intervention the better! 11/17/2020 Christina "Chrissy" Ahola Y NA Outdoor storage in winter, sure. Outdoor storage if used, sure. Outdoor storage "Junk", in back yard. 11/17/2020 Allyn Goshy Y NA I personally think that if a resident wants to store their boat, trailer, or RV in their driveway, that is perfectly fine. I actually prefer it over the alternative of them putting these things in the grass next to their house. I would like to see our residents move these to the side of their house IF their driveway allows for it or have these objects moved to the side of the house, as much as their driveway allows. 11/24/2020 Etinger N NA Do not think boats should be in driveways. 11/24/2020 Joe Perttu Y NA Would like at least one boat/rv/etc. in driveway 11/24/2020 Chuck Lewis Y NA No concern with proposed change, just doesn’t want them to be banned. Resident Contacts and Comments Path: G:\PLAN\City Code\2020\2020-05 - Outdoor Storage on Residential Property\Resident Contacts and Comments CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Future Work Session Schedule Section 5:00 P.M. ­ WORK SESSION Item No: A.5. Prepared By Laurie Hokkanen, City Manager File No:  SUMMARY The City Council is tentatively scheduled to hold the following work sessions: May 10:  1. Discuss City Council Priorities Related to the Carver County Transportation Plan 2. Discuss Concept Plan for Housing Adjacent to SouthWest Transit 3. Discuss 2021 4th of July Event 4. Discuss American Rescue Plan May 26: 1. Carver County Transportation Plan Presentation (County Engineer) June 14: 1. City Council Roundtable 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 5:00 pm on the second and fourth Monday of each month in conjunction with the regular City Council meeting, but may be scheduled for other times as needed.  CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Invitation to Arbor Day Celebration ­ May 1 Section PUBLIC ANNOUNCEMENTS Item No: C.1. Prepared By Jill Sinclair, Environmental Resources Coordinator File No:  SUMMARY In 1876, Minnesota became the fourth state to adopt Arbor Day as an annual celebration.  Today, Chanhassen celebrates Arbor Day each year in order to set aside a time to consider what trees do for us and our community.  Planting trees adds beauty and character to our neighborhoods, reduces energy costs, increases property values, reduces pollution, and replaces trees we’ve lost in our community.  Perhaps Elton Trueblood said it best when he wrote, “A man has finally begun to discover the meaning of human life when he plants a tree under which he knows full well he will never sit.” Let us plant today, the trees of tomorrow. The City of Chanhassen has been celebrating Arbor Day each year for the past 26 years.  This year, I invite all area residents, their families and friends to celebrate Arbor Day in Chanhassen in their own way.  Plant a tree, take a walk in the woods, do a nature craft, or donate to a reforestation organization.  Take a moment to recognize how trees make our city a better place to live.  In times of stress, nature provides a respite from the worries of life and an opportunity to refresh our spirits.  On Saturday, May 1, I encourage you to enjoy what trees provide us and think about planting a tree to offer future generations the same gift.  Happy Arbor Day!  CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Presentation of Certificates of Appreciation to Outgoing Commissioners Section PUBLIC ANNOUNCEMENTS Item No: C.2. Prepared By Kim Meuwissen, Office Manager File No:  SUMMARY Michael McGonagill, Planning Commission (2018­2021) Joseph Scanlon,  Park & Recreation Commission (2018­ 2021) Zoe Erpelding, Park & Recreation Commission (2020­2021) David Crouch, Senior Commission (2020­2021)­unable to attend Mack Titus, Senior Commission (2018­2021) ATTACHMENTS: Michael McGonagill Joseph Scanlon Zoe Erpelding David Crouch Mack Titus PRESENTATION OF CERTIFICATE OF APPRECIATION MIKE MCGONAGILL PLANNING COMMISSION Mike was appointed to the Planning Commission in 2018 and served until April 2021. Mike’s engineering expertise helped him challenge development review to get the best for the city. During his tenure, the Commission accomplished a number of long-range projects including review and recommendation of the 2040 Comprehensive Plan. Some of the projects that were reviewed during Mike’s tenure include: • Paisley Park Museum • Chick-fil-A • West Water Treatment Plant • Mission Hills Senior Housing (Riley Crossing Senior Living) • Venue • Panera • Tweet Dental • Avienda • Holasek Business Park • Camp Tanadoona Community Room and Dining Hall • The Park Subdivision • Moments of Chanhassen CERTIFICATE OF APPRECIATION JOE SCANLON PARK & RECREATION COMMISSION Joe Scanlon served as a member of the Park & Recreation Commission from 2018 - 2021. Joe was a tremendous asset to the commission and served residents with enthusiasm and pride. He provided insightful comments and recommendations during meetings and was always eager to hear from residents. Joe and his family enjoyed Chanhassen’s community events and attended regularly. He even laced up his winter boots and helped distribute door prizes at Feb Fest. He was a steady voice when developing the Lake Ann Park Preserve Feasibility Study. The community of Chanhassen is a better place as a result of Joe’s desire to serve and make a difference! CERTIFICATE OF APPRECIATION ZOE ERPELDING PARK & RECREATION COMMISSION Zoe served as a youth member of the Park & Recreation Commission for two consecutive one-year terms from 2020-2021. Zoe volunteered at the Annual Halloween Party helping to insure the success of the event for local families. Through her employment with our department as a playground leader she served our residents working with the Summer Discovery Playground Program and helped direct traffic for the 4th of July Fireworks. Recently Zoe participated in multiple Zoom Trivia programs sponsored by the city. The community of Chanhassen is a better place as a result of Zoe’s desire to serve and make a difference! PRESENTATION OF CERTIFICATE OF APPRECIATION DAVID CROUCH SENIOR COMMISSION David Crouch was appointed to the Senior Commission in 2020 and has been an instrumental member of the commission. In addition, he volunteered as a member of a subcommittee that worked on improving the City’s web page. The seniors in Chanhassen were very fortunate and honored to have you on their team. Thank you David! PRESENTATION OF CERTIFICATE OF APPRECIATION MACK TITUS SENIOR COMMISSION Mack Titus was appointed to the Senior Commission in 2018 and has been a valued member of the commission. His accomplishments include: • Advocating for improving the City’s Website to make it more user friendly for senior services and programs. • Volunteered at numerous city functions The seniors in Chanhassen were very fortunate and honored to have you on their team. Thank you Mack! CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Presentation of Maple Leaf Awards to Outgoing Commissioners Section PUBLIC ANNOUNCEMENTS Item No: C.3. Prepared By Kim Meuwissen, Office Manager File No:  SUMMARY Mark Randall, Planning Commission (2016­2021) Jim Boettcher, Park & Recreation Commission (2012­2021) ATTACHMENTS: Mark Randall Jim Boettcher MAPLE LEAF AWARD MARK RANDALL PLANNING COMMISSION Mark was appointed to the Planning Commission in 2016 and served until April 2021. Mark’s knowledge of the City helped to make better informed decisions on developments. During his tenure, the Commission accomplished a number of long-range projects including review and recommendation of the 2040 Comprehensive Plan. Some of the projects that were reviewed during Mark’s tenure include: • Paisley Park Museum • Chick-fil-A • West Water Treatment Plant • Mission Hills Senior Housing (Riley Crossing Senior Living) • Venue • Panera • Tweet Dental • Avienda • Holasek Business Park • Camp Tanadoona Community Room and Dining Hall • The Park Subdivision • Moments of Chanhassen PRESENTATION OF MAPLE LEAF AWARD JIM BOETTCHER PARK & RECREATION COMMISSION Jim Boettcher served as a Park and Recreation Commission member from 2012 to 2021 and served as the Chair from 2017 to 2021. Jim was one of those special commissioners who gave freely of his time and talents in order to make Chanhassen a better place. When volunteers were needed, he always raised his hand. During meetings, Jim made guests feel welcome and carefully listened to the viewpoints of citizens prior to forming recommendations. He would balance testimony from all sides and ensured that every voice was represented and heard. Jim maintained an exemplary attendance record while a commissioner and during his tenure attended nearly every special meeting and field trip. Community special events were a favorite for Jim and he logged many volunteer hours helping Emcee, and weighting fish with the Feb Fest Celebrations, and many other community activities. Jim was a strong advocate for investing in parks and trails and sought to ensure that improvements served all citizens. He was very supportive of new ideas and was instrumental in developing the Park System Inventory Plan, The Lake Ann Park Preserve Feasibility Study and work diligently with the annual CIP. The community of Chanhassen is a better place as a result of Jim’s passion for service and his enthusiasm to get things done! CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Approve City Council Minutes dated April 12, 2021 Section CONSENT AGENDA Item No: D.1. Prepared By Kim Meuwissen, Office Manager File No:  PROPOSED MOTION “The City Council approves the minutes dated April 12, 2021.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Work Session Summary Minutes Regular Meeting Summary Minutes CHANHASSEN CITY COUNCIL WORKSESSION MINUTES APRIL 12, 2021 Mayor Ryan called the meeting to order at 5:00 p.m. MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilman Campion, Councilwoman Schubert, and Councilman McDonald Councilwoman Rehm joined via Zoom. MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager, Kate Aanenson, Community Development Director, Sergeant Tyler Stahn, Lieutenant Lance Pearce, and Charlie Howley, Public Works Director/City Engineer LAW ENFORCEMENT THREE-YEAR REVIEW. Sergeant Tyler Stahn and Lieutenant Lance Pearce presented the Carver County Sheriff’s Office three-year review encompassing 2018-2020. COVID-19 had an effect on statistical changes from 2019 to 2020 including mental health incidents and total time on mental health incidents increasing. The Sheriff's Office has an employee who helps with mental health incidents as a crisis therapist and goes out for service calls M-F, 40 hours per week. Her help has been invaluable, particularly in incidents when the residents do not want uniformed police presence. Carver County mental health statistics show face-to-face client evaluations increasing from 102 in 2018 to 116 in 2020. Burglary (defined as entering a dwelling to remove an item), robbery (defined as taking an item from a person), and theft (defined as taking an item in a location outside of your home) have also been affected by COVID-19. Burglary has increased since 2018 but remains relatively consistent and robbery has trended downward. Theft has increased, in large part due to vehicle thefts. 70% of vehicle thefts involved unlocked vehicles with the keys inside. Theft also includes theft of mail and packages and taking items from inside parked vehicles. Mayor Ryan added that the Sheriff’s office response includes calls to residents but also to retail and other businesses that might report theft of items. Councilwoman Rehm asked about theft of license plates. City Council Work Session Minutes – April 12, 2021 2 Sergeant Stahn stated license plate theft is a common problem. Residents are less likely to notice one of their license plates is stolen. There has been an increase in unemployment scam fraud calls, particularly surrounding when stimulus checks were deposited. Assault calls increased from 40 in 2018 to 57 in 2020 but sex crimes are down by half. DUI and drug offenses have decreased, likely due to entertainment venues and bars being closed. Domestic (defined as two people in an argument who reside together) and domestic assault (defined as a domestic call where an assault has taken place) have increased due to COVID-19. Citations were up, particularly in regard to speeding and winter parking violations. While there were fewer cars on the road, there were more cars speeding significantly. Prior to the first significant plowable snowfall, the Sheriff’s office gives warnings for winter parking violations and offers permission to overnight park (if there is no snow coming) if a resident contacts them ahead of time. However, less traffic also led to fewer crashes - including no fatal crashes since 2015. Annual arrests are down 19% but reports have increased 7%. Misdemeanors include cases which are closed (defined as inactive) or cleared (defined as solved). Closed cases have increased and cleared cases have decreased between 2019 and 2020. Sergeant Stahn and Lieutenant Pearce outlined the following impact COVID-19 had on the organization: ● Staff weighed COVID-19 exposure risk against possible offense and had to consider Personal Protective Equipment (PPE) protocols when deciding how to respond to certain crimes. ● Lower traffic volumes decreased crashes. ● There was an increase in speeds and blatant violations, such as running stop signs. ● People staying home increased domestic and mental health incidents. ● There were also more calls from parks on suspicious activity. ● Changes in response to medical and face-to-face involved evaluating if someone had COVID-19 and waiting for the paramedics to arrive unless it was a life-threatening situation. ● More people received formal charges through the court system rather than being sent to jail for certain types of crimes, such as low amounts of drug possession. Crimes which affected a person or public safety were still arrested and brought to jail. ● There were fewer structured community engagement opportunities such as ride-alongs, citizen academy, or National Night Out. The Sheriff's office expects to be back to normal operations by the end of 2021. City Council Work Session Minutes – April 12, 2021 3 Councilwoman Rehm questioned if permits for guns went up due to it being an election year in 2020. Have more shootings occurred? Sergeant Stahn stated that shootings have not increased. There has been a substantial increase in requests for permit to carry and acquiring a firearm which may be due to civil unrest. Lieutenant Pearce outlined the training that peace officers receive, including that required by Minnesota Peace Officer Standards and Training (POST) Board and Carver County Sheriff’s Office. Beginning in July 2021, officers will be required to take autism training. Lieutenant Pearce stated that the Sheriff’s office develops an annual “policing plan” with the city manager to address policing based on City and Council directive. Councilwoman Rehm asked about the use of tasers. Lieutenant Pearce stated that peace officers have the option to carry a taser and are required to take training on how to use them. The Sheriff's office plans for all license patrol staff to wear body-worn cameras by the end of 2021, continue Sheriff-led Crucial Conversations meetings, return to in-person training, focus on community engagement, prepare for potential civil unrest, increase social media presence, and improve peer support and wellness in the Sheriff’s office. Councilmember Schubert asked how the Sheriff's department internally checks on each other's mental health. Lieutenant Pearce stated he was in charge of the peer support team which includes members from various roles in the Sheriff’s department. There are also resources through an outside vendor, employee assistance at Carver County, and a local organization which is starting in Minnesota to offer free public safety member sessions. Council thanked the Sheriff’s department for their service. DISCUSS STRATEGIC PLAN. City Manager Laurie Hokkanen presented progress on the Strategic Plan and asked for Council feedback before it is approved. The Strategic Plan will be a “living document” and revisited annually for updates. City Council Work Session Minutes – April 12, 2021 4 If it is approved and adopted at the April 26, 2021 Council meeting, the next steps will include community engagement, presentations to staff, presentations and social media to the community, as well as staff-created calendars and timelines. The following changes were proposed: ● For the Vision statement, remove “for all generations” and change “a great place to call home” to “a community for life”. ● Under the Value of “Respect” it was suggested that “treat them with dignity in and equitable and inclusive manner” be changed to “treat them with dignity in an equitable and inclusive manner”. ● On page 10, change the heading to “a community for life” ● On page 8, replace the picture with a more updated photo. Ms. Hokkanen stated the Strategic Plan would be published on the website and presented to the public. She addressed the following strategic priorities: financial sustainability, asset management, development and redevelopment, operational excellence, and communications. Council should spend the most effort on the Strategic Plan Summary columns including: desired outcome, key outcome indicator, and target. The column for strategic initiatives will have action plans and calendars created to track its progress. Ms. Hokkanen asked, if the City implements this plan and achieves these desired outcomes, will the Council consider that a successful Strategic Plan? Is there something missing? A Strategic Plan will not cover everything and will need to change in response to residents and conditions in the world. It serves as a roadmap for competing priorities and a way to track where time is spent. Ms. Hokkanen addressed holding a “roundtable” meeting quarterly where Council can bring things they have heard about and ask staff to do more research. The first roundtable meeting is tentatively scheduled for June 2021. Mayor Ryan asked where “technology” could fit in the Strategic Plan Summary table. Particularly, identifying that council is willing to consider technology to make things more efficient for city staff. Ms. Hokkanen suggested adding “including incorporation of new technology” to the chart under row “operational excellence”, column “Desired outcome”, and statement “Improved operational effectiveness” to read “Improved operational effectiveness, including incorporation of new technology”. Councilmember Rehm suggested adding “natural resources” to the Strategic Plan Summary” table to include lakes, parks, creeks, and wetlands. City Council Work Session Minutes – April 12, 2021 5 Public Works Director/City Engineer Charlie Howley added that “protection of natural amenities” may fit in row “asset management” column “Desired Outcome”, statement “Effective utilization of assets”. Mayor Ryan addressed that, in row “Operational Excellence”, column “Target” it sounded odd to highlight that “70% of employees report being satisfied” and “70% of workforce meets standards/certifications” and suggested eliminating some of the percentage statements. Ms. Hokkanen stated that staff would research other forms of measurement that cities use to measure employee improvement. Councilwoman Schubert felt there was a disconnect between key outcomes and target strategic initiatives in regard to type of units in the “Development and Redevelopment” section. Is the city looking for a certain ratio? Community Development Director Kate Aanenson stated that units could include senior housing, rental, small lots or executive homes and the numbers are tied to the Comprehensive Plan. The information will be reviewed annually to make sure the City is aware of cyclical development which affects the market. Ms. Hokkanen added that the Comprehensive Plan is a 20–40-year picture whereas the Strategic Plan focuses on a 3-year timeframe. Councilman Campion added, in regard to Development and Redevelopment, “make appropriate improvements when possible” could be added to addressing infrastructure and improvements. Ms. Hokkanen agreed that there are some projects which aren’t discussed for a while and tying them to the Strategic Plan will help the Council see progress and the public understand how the conversation has carried over, allowing for more transparent communication without a hidden agenda. Mayor Ryan added that, on page 16, “The Council led the way” should be changed to reflect that it was a collaborative effort between Council and staff. Mayor Ryan added that, if something needs to be changed, it can be adjusted at the April 26, 2021 meeting where it will be on the agenda for approval. The meeting adjourned at 6:41 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES APRIL 12, 2021 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilman Campion, Councilwoman Schubert, and Councilman McDonald Councilwoman Rehm joined via Zoom. COUNCIL MEMBERS ABSENT: None. STAFF PRESENT: Laurie Hokkanen, City Manager, Kate Aanenson, Community Development Director, Matt Unmacht, Water Resources Coordinator, and Charlie Howley, Public Works Director/City Engineer PUBLIC PRESENT: Heidi Hoks Carver County Library Director Patrick Jones Chanhassen Library Branch Manager Laura Rosati 1798 Marigold Court, Chanhassen, MN Terry Jeffery Riley Purgatory Bluff Creek Watershed District Scott Sobiech Barr Engineering Mayor Ryan asked the City Council if there were any modifications or additions to the agenda. After the roll call vote there were no changes to the published agenda. PUBLIC ANNOUNCEMENTS: EARTH DAY PROCLAMATION Mayor Ryan gave a history of Earth Day and made a proclamation declaring April 22, 2021 as Earth Day. Mayor Ryan read a public comment email regarding an item on the consent agenda. The email was in opposition of Consent agenda Item 6, Award Consultant Contracts for the Crane’s Vineyard Ravine Stabilization Project, stating that the proposed plan was unreasonable. Ann Elise Ware and Robert M. Bowen Family Trust, 6275 Powers Boulevard, Chanhassen. Public Works Director/City Engineer Charles Howley gave information on the plan. The Council would be voting on hiring someone to do a study, not on a plan itself. City Council Minutes – April 12, 2021 2 Councilwoman Schubert verified that, once a plan is prepared, residents would be able to provide feedback and express concerns. Mr. Howley confirmed that there will be discussion with affected properties. CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated March 22, 2021 2. Receive Senior Commission Minutes dated February 19, 2021 3. Receive Park & Recreation Commission Minutes dated February 23, 2021 4. Approve 2021 AIS Watercraft Inspection Agreement 5. Approve Quotes for Lift Station #13 Rehabilitation 6. Award Consultant Contracts for the Crane’s Vineyard Ravine Stabilization Project 7. Resolution 2021-12: Support for 82nd Street/CSAH 18 Bonding Request 8. Resolution 2021-13: Support for TH 5 Funding Request 9. Approve Temporary Modification of the Licensed Premises to serve Beer in Chanhassen Brewing Company Parking Lot Area All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. STATE OF THE LIBRARY – HEIDI HOKS AND PATRICK JONES Patrick Jones, Chanhassen Branch Manager, gave a presentation on the Chanhassen library including the library’s response to COVID-19. Mayor Ryan asked how the City could help the library with community outreach. Heidi Hoks, Carver County Library Director, stated that the library used to hold focus groups to give residents an opportunity to speak in person and she hopes to hold more in the future. City Council Minutes – April 12, 2021 3 LAURA ROSATI CITIZEN ACTION REQUEST Laura Rosati, owner of Chanhassen Brewery, addressed the council regarding the City ordinance which restricts food trucks to 15-17 days per year. She has checked with local restaurants to discuss the impact on them and believes food trucks would bring more visitors to Chanhassen. She requests that additional days be allowed to host food trucks at Chanhassen Brewery. Community Development Director Aanenson stated that an issue paper has been drafted regarding food trucks for the council to review at a later date which includes considerations such as location, traffic, and parking. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. None. OLD BUSINESS. None. PUBLIC HEARING. None. NEW BUSINESS. UPPER RILEY CREEK CORRIDOR ENHANCEMENT PLAN PRESENTATION Matt Unmacht, Water Resources Coordinator, introduced the Upper Riley Creek ecological enhancement project led by the Riley Purgatory Bluff Creek Watershed District. The city would be a financial partner in this project which involves stabilization, improvement, and ecological enhancement of a stretch of Upper Riley Creek in Chanhassen south of Highway 5 extending south past the Public Works facility and east to Lake Susan. Mr. Unmacht introduced Terry Jeffery, District Administrator for Riley Purgatory Bluff Creek Watershed District, and Scott Sobiech of Barr Engineering. Mr. Sobiech stated the project has been planned for a little over a year to develop an ecological enhancement plan. The vision of the plan focuses on improving ecological functions, providing diverse habitats, reducing streambank erosion, and enhancing public understanding of stable streams. The plan will attempt to use natural features, such as boulders or vegetation and aligns with the watershed district and City Surface Water Management Plan goals. The area was identified as a high priority based on methodology, looking for ways to protect public infrastructure, erosion and channel stability, habitats, and how it impacts the water quality. The infrastructure includes section of the corridor and Metropolitan (Met) Council sanitary sewer line crosses it. There are culvert crossings at risk which discharge into the creek and are eroding. City Council Minutes – April 12, 2021 4 When looking at the creek, there are 4-5 feet of erosion along the banks which causes the creek to be disconnected from the floodplain, particularly in the event of a large storm. Storms typically fill the creek and expand into the floodplain but, due to the erosion, storm flow stays in the creek and exacerbates the erosion. Debris in the channel include man made and natural materials. As the creek empties into Lake Susan, a delta of sediment is being deposited which impairs waters. The Minnesota Pollution Control Agency (MPCA) determined that Lake Riley, Rice Marsh Lake, and Lake Susan do not meet water clarity standards. Riley Creek is also found impaired for suspended solids. Because water quality is impaired, the MPCA study states a 67% reduction is required to achieve water quality goals for Lake Susan and downstream lakes. Mr. Sobiech gave a brief history of the area, noting 100-200 years ago, the area was big woods and rain water would soak into deep aquifers. Only 10% of the water would runoff and work its way into smaller creeks. Development has increased the amount of impervious surfaces and runoff is now at 30% which degrades habitats and increases pollution. Mr. Sobiech outlined a plan, including restoring four acres of Riley Creek. Another 22 acres of land could also improve through wetland and forest improvements. Improvements are estimated to reduce pollution loading to Lake Susan by 470 pounds of suspended sediment and 250 pounds of phosphorus and would help support the City’s goal of MPCA MS4 requirements. Mr. Sobiech stated the plan would include design, bidding, awarding of bids, implementation, construction, and ongoing maintenance. The estimated cost is $2.3 million split between the Riley Purgatory Bluff Creek Watershed District and the City with grants being pursued. Mayor Ryan asked if the City has received complaints from residents on Lake Susan water quality. Mr. Jeffery and Mr. Howley stated they had not heard complaints pertaining to sediment deposits. Mayor Ryan asked if the project included repairing culverts as there was no number assigned in terms of cost to replace culverts. Mr. Howley stated the project does not include replacing culverts but would include restoring around them. City Council Minutes – April 12, 2021 5 Mayor Ryan asked about the pursuit of grants. If grants are awarded would the money offset the Watershed portion or the City portion of the project? Mr. Howley stated that the City has $100,000 allocated in the Capital Improvement Plan (CIP) for work needed adjacent to the Public Works facility. Council may also be called on to support funding for fixing adjacent ponds. The City and Watershed District should pursue grants as some are large and used for big projects. The Riley Purgatory Bluff Creek Watershed District is the lead on the project. Mr. Howley stated that the information presented was an introduction to the project. The Riley Purgatory Bluff Creek Watershed District may do a public hearing and Council would be informed. There may also be a workshop to allow for public input. There would be an agreement between Riley Purgatory Bluff Creek Watershed District and the City on who pays for which part of the project. Councilman McDonald stated that the proposed project has to fit into the budget and is competing with other projects seeking City funding. The project should fit into the Strategic Plan. Councilwoman Rehm stated that some of her neighbors have expressed concerns with water quality at Lake Susan. She believes the public would be in support of the project. She also stated that Lake Susan has a dedicated beach area and would like to see it be restored as an asset to the community. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. REVIEW OF CLAIMS PAID 04-12-2021 2021 BUILDING PERMIT ACTIVITY MARCH YEAR TO DATE Councilman Campion moved, Councilwoman Schubert seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 8:05 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Receive Planning Commission Minutes dated March 2, 2021 Section CONSENT AGENDA Item No: D.2. Prepared By Jean Steckling, Senior Admin. Support Specialist File No:  PROPOSED MOTION “The City Council receives the Planning Commission meeting Minutes dated March 2, 2021.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Planning Commission Minutes dated March 2, 2021 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 2, 2021 CALL TO ORDER: Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Michael McGonagill, Laura Skistad, Eric Noyes, and Mark von Oven MEMBERS ABSENT: Doug Reeder STAFF PRESENT: Kate Aanenson, Community Development Director and MacKenzie Young-Walters, Associate Planner PUBLIC PRESENT: None. Chairman Weick reviewed guidelines for conducting the virtual Planning Commission meeting. PUBLIC HEARING: APPROVE PROPOSED ORDINANCE AMENDING CITY CODE CHAPTER 18 CONCERNING TREE SURVEYS AND CHAPTER 20 CONCERNING LANDSCAPING STANDARDS Associate Planner MacKenzie Young-Walters presented the item. In 2019 the City amended the subdivision ordinance to bring it into compliance with the Comprehensive Plan’s goal of promoting a healthy urban forest. This goal requires that subdivisions be planted with trees where no more than 30% are from one family, 20% from one genus, and 10% from one species. However, the portion of the ordinance that governs general landscaping standards was not amended to incorporate these standards. The proposal is to amend that section of Chapter 20 that the City uses to evaluate site plan landscaping standards and also buffer yard plantings to include the 30-20-10 standard which would remove a gap in the ordinance, bring it in line with the Comprehensive Plan, and reinforce what is required in Chapter 18 subdivision. The second component is the City subdivision ordinance which requires that, when developers come in for a subdivision request, they submit various documents, some of which pertain to environmental resources, such as wetland delineation. In the case of wetland delineation, the City requires it to be current within three years. However, the City does not have a concurrency requirement for tree inventories. If a project is on hold for more than three years, a new tree inventory would need to be submitted to reflect the existing conditions on the property. As years pass, trees will sometimes get sick, die, or grow bigger and reach thresholds where they need to be included in the tree inventory. The City should have the most current information possible to determine what trees need to be preserved, what canopy is present on the property, and what needs to be done to make sure it conforms to ordinance. The City Forester believes that a two- Planning Commission Minutes – March 2, 2021 2 year grace period is okay, the changes in a forest aren’t substantial enough that an older tree inventory isn’t accurate. Beyond two years, a tree inventory would need to be updated to have adequate information. The City proposes adopting a two-year standard for tree inventories to make sure they’re current. Commissioner McGonagill asked if it wouldn’t be simpler to make both periods of time three years. Mr. Young-Walters stated that urban forests change more quickly than wetlands. A catastrophic event, such as a tree disease, could wipe out a part of a forest over a two-year period. It is also less of a process to update a tree inventory. Wetland delineations have to go before the Board and there’s a certification process, whereas an updated tree inventory simply requires a certified arborist. Tree inventories also do not need to be new, just updated. Commissioner McGonagill asked about the cost of a tree inventory. Mr. Young-Walters stated that he didn’t know the cost but it would likely be variable based on property size and number of trees. Commissioner McGonagill asked about tree diversity. What if a homeowner wanted to plant only maple trees on their property? Mr. Young-Walters stated that a property owner could plant whatever they wanted on their property. This section of the ordinance does not apply to residential property but to site plan reviews and corporate landscaping. Tree diversity would come into play for medians, parks, or sub developments. Chairman Weick opened the public hearing. There was no public comment received prior to or during the meeting. Chairman Weick closed the public hearing. Commissioner Noyes moved, Chairman Weick seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending City Code Chapter 18 concerning tree surveys and Chapter 20 concerning landscaping standards. All voted in favor and the motion carried unanimously with a vote of 5-0. Commissioner Skistad recused herself from this item. PUBLIC HEARING: APPROVE AMENDING CITY CODE CONCERNING RECONCILING INTENT STATEMENTS AND USES FOR RESIDENTIAL LOW AND MEDIUM DENSITY (RLM), MIXED MEDIUM DENSITY (R-8) AND HIGH DENSITY RESIDENTIAL (R-12) ZONING DISTRICTS Planning Commission Minutes – March 2, 2021 3 Mr. Young-Walters stated that, during a periodic review of the City Code, staff noticed that the RLM, R-8, and R-12 zoning district intent statements did not match how the districts were described in the Comprehensive Plan and, in some cases, also did not align with the permitted uses and associated lot standards. Staff looked at what the Comprehensive Plan said was the goal for these districts, how it interfaced with land use guiding for these districts, what the district intent statement was, and then whether or not the permitted uses aligned. Staff found that, in the RLM district, there was confusion because the intent statement stated that it was a maximum density of 8 units per acre, however RLM is a district designed to be used for both land guided low density, which has a density range of 1.2-4 an acre, and for medium density which can go up to eight units per acre. Staff proposes removing the eight units per acre language so that it then refers to the land use guidance in the Comprehensive Plan to avoid confusion in the future. The intent statement for R-8 notes that single-family detached is a permitted use, however that is not included in the list of permitted uses. The Comprehensive Plan intends for R-8 to be a medium density district which features attached housing and very low-density apartments, maximum density of eight units an acre. When staff looked into the appropriate minimum lot size to hit the minimum four units per acre requirement, it brought the R-8 into conflict with RLM and the planned unit development residential standards. Staff recommends removing the reference to detached single-family which is not an appropriate use for a medium density district. The intent statement for R-12 lined up well with the Comprehensive Plan’s goal for this area, providing apartments at a density of 12 units an acre, but twin homes were listed as a permitted use. Lot size established for twin homes in that district wouldn’t allow it to meet the minimum eight units per acre requirement. Staff recommends removing twin homes from the list of permitted uses because it’s intended to be an attached and multifamily home district. Chairman Weick opened the public hearing. Mr. Young-Walters stated that one person had spoken to him concerning the impact on what was permitted in existing developments. The proposed changes would not affect existing developments and would not render any medium density into non-compliance. Chairman Weick closed the public hearing. Commissioner von Oven moved, Commissioner Noyes seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending City Code Chapter 20 concerning the RLM, R-8, and R-12 districts. All voted in favor and the motion carried unanimously with a vote of 6-0. Planning Commission Minutes – March 2, 2021 4 PUBLIC HEARING: APPROVE AMENDING CITY CODE CONCERNING INCREASING THE FINAL PLAT AND METES AND BOUNDS SUBDIVISION RECORDING TIMELINE TO 120 DAYS Mr. Young-Walters stated that the current City ordinance requires that final plats and metes and bounds subdivisions be recorded within 30 days or the approval can be revoked and rendered void. Situations may occur outside the applicants’ control which result in not being able to meet that deadline. Staff noted that every other permit, including variances, wetland alteration permits, interim use and conditional use permits, and site plans have a 120-day timeline. The proposed change would also allow an extension to the 120-day timeline from the City Council. Commissioner von Oven asked if these types of requests often come to the City Council. Community Development Director Kate Aanenson stated that the City Council typically gives an extension if there are extenuating circumstances. Commissioner von Oven asked if the Planning Commission could approve extensions rather than going to the City Council. Mr. Young-Walters explained that all types of timeline-based extensions are approved by the City Council. Chairman Weick opened the public hearing. There was no public comment received prior to or during the meeting. Chairman Weick closed the public hearing. Commissioner Randall moved, Commissioner McGonagill seconded that the Chanhassen Planning Commission recommends that the City Council adopt the proposed ordinance amending City Code Chapter 18 concerning plat recording. All voted in favor and the motion carried unanimously with a vote of 6-0. NEW BUSINESS: Ms. Aanenson reviewed a continuation for the Lakes at Chanhassen project. As a requirement of the TIF district, this project must be deemed consistent with the Comprehensive Plan by the Planning Commission. Ms. Aanenson revisited elements of the project which demonstrated consistency with the Comprehensive Plan including: Planning Commission Minutes – March 2, 2021 5 • The location is at 1361 Lake Drive West, zoned PUD-R, guided for high density which is consistent with the Land Use Plan. • The site plan was approved by the Planning Commission and City Council. • TIF was requested and established after a study by the City Council for financing the density bonus/affordability for senior housing. 50 of the 110 units must meet the affordable housing criteria of 60% to meet the affordability component needed to get the TIF district. • The Comprehensive Plan states that projects within the MUSA area designate sufficient land to provide a wide spectrum of housing and development should be commensurate with the ability to provide services and provide housing for all. There must also be a balanced housing supply including rental housing, not all owner-occupied, which meet needs for different lifestyles. Staff has determined that the project does meet the standards of the Comprehensive Plan. Part of the requirements for the TIF district is that the Planning Commission affirms that it meets the intent of the Comprehensive Plan and the zoning ordinance. Ms. Aanenson stated that the next part of the process will include the Economic Development Authority holding a meeting before the City Council on March 8, 2021 where they will review the entire TIF plan and adopt a resolution which will go before the City Council. The City Council will hold a public hearing at its March 22, 2021 meeting where they will generate Findings of Fact on terms of the development agreement. Commissioner von Oven asked if all TIF requests went through these steps. Ms. Aanenson confirmed that all TIF requests went through the same steps. Commissioner von Oven asked if there was anything in the request that was subjective or doesn’t really fit the Comprehensive Plan. Ms. Aanenson stated this request was straightforward. Commissioner Skistad questioned using TIF for a new development. Her understanding was that tax increment financing was typically used for blighted areas. Ms. Aanenson stated that TIF can be used for blighted areas but also for affordable housing. Commissioner Skistad referenced a development a couple years ago. Is the requested project in a new TIF district? Ms. Aanenson stated that it was a modified TIF district. Planning Commission Minutes – March 2, 2021 6 Commissioner Skistad clarified that it would be adding another TIF building within the same area. She questioned taking out $5.5 million in bonds to subsidize the building. Ms. Aanenson clarified that the EDA would be discussing financial implications as part of their March 8, 2021 meeting. Commissioner Skistad asked if other senior housing were built on market rate without subsidizing with TIF. Ms. Aanenson stated that some senior housing projects have used TIF assistance in the past but the Planning Commission’s role was to look at the project from the perspective of the Comprehensive Plan. Chairman Weick asked if the EDA was relatively new. Ms. Aanenson stated that the EDA used to be called the HRA but it is actually just the City Council “wearing a different hat”. Resolution #2021-01: Commissioner McGonagill moved, Commissioner Randall seconded that the Planning Commission adopts a resolution affirming that the TIF District for the Lakes at Chanhassen development is consistent with the City’s Comprehensive Plan. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED FEBRUARY 2, 2021 Commissioner Skistad noted the minutes of the Planning Commission meeting dated February 2, 2021 as presented. ADMINISTRATIVE PRESENTATIONS: REVIEW OF LEGAL OPINIONS Mr. Young-Walters reviewed two legal cases that highlighted points the Planning Commission may find interesting. They served as reminders that City staff is bound by how the ordinances are written, Findings of Fact are important, and that everything the Planning Commission says is public record that could be used in court. CITY COUNCIL ACTION UPDATE Ms. Aanenson reviewed that the Planning Commission had voted 4-3 to deny a variance for a historic property during their February 2, 2021 meeting. The City Council approved the variance at their February 22, 2021 meeting. Planning Commission Minutes – March 2, 2021 7 Ms. Aanenson noted the next Planning Commission meeting would be on Tuesday, April 6, 2021. Commissioner Skistad mentioned that she will attempt to attend the meeting via Zoom as she would be out of town. Ms. Aanenson asked Commissioner von Oven for information on the Planning Commission interview process. The newly appointed Commissioners would replace Commissioner Randall and Commissioner McGonagill. Commissioner von Oven stated that the interviews are going well and the next round of interviews will be held March 8, 2021. The Planning Commission thanked Commissioner Randall and Commissioner McGonagill for their service. ADJOURNMENT: Video audio was inaudible – possibly Commissioner McGonagill moved and Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 7:55 p.m. Submitted by Kate Aanenson Community Development Director CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Receive Planning Commission Work Session Minutes dated April 6, 2021 Section CONSENT AGENDA Item No: D.3. Prepared By Jean Steckling, Sr. Admin. Support Specialist File No:  PROPOSED MOTION “The City Council receives the Planning Commission Work Session minutes dated April 6, 2021.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Planning Commission Work Session Minutes dated April 6, 2021 1 CHANHASSEN PLANNING COMMISSION WORK SESSION SUMMARY MINUTES - 6:00 P.M. APRIL 6, 2021 CHANHASSEN SENIOR CENTER PLANNING COMMISSION MEMBERS PRESENT: Kelsey Alto, Erik Johnson, Eric Noyes, Mark von Oven, Doug Reeder and Steven Weick. PLANNING COMMISSION MEMBERS ABSENT: Laura Skistad. STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner, MacKenzie Young-Walters, Associate Planner (via Zoom), Jill Sinclair, Environmental Resource Specialist, George Bender, Assistant City Engineer; Erik Henricksen, Project Engineer, and Matt Unmacht, Water Resources Coordinator PUBLIC PRESENT: None WORK SESSION 1. Planning Commission Appointments and Oath of Office It was noted that Kelsey Alto and Erik Johnson met with Kate Aanenson at 5:00 p.m. and read their oaths and signed the document before a notary public. As an introduction, all those present gave a brief background about themselves. 2. Election of Chair and Vice-Chair Doug Reeder nominated Steven Weick as chair. Eric Noyes seconded the nomination. There were no other nominations. The Commission voted 6 – 0 to appoint Steven Weick as chair. Steven Weick nominated Mark von Owen as vice-chair. Kelsey Alto seconded the motion. There were no other nominations. The Commission voted 6 – 0 to appoint Mark von Oven as vice-chair. 3. Adoption of Bylaws Doug Reeder moved to approve the Planning Commission Bylaws as written. The motion was approved by unanimous consensus. 4. Development Review Discussion Kate Aanenson reviewed the development review handout with the Commission. She pointed out that some items were quasi-judicial in review, which requires that the Planning Commission review a project in relation to the regulations in City Code. 2 Kate Aanenson said that amendments to the Comprehensive Plan are reviewed by the Planning Commission and an amendment would be coming at the next Planning Commission meeting. Kate Aanenson discussed zoning ordinance amendments, or changes to City Code, and rezonings as items that the Planning Commission holds public hearings on. Such amendments must be consistent with the Comprehensive Plan. She pointed out that it was critical that the Planning Commission be cognizant of the timeframe for review of such items, which must be completed within 60 days unless the city takes a 60-day time extension or the applicant grants an extension to the review timeframe. Kate Aanenson discussed the subdivision process. There are two types of subdivisions: Preliminary and Final Plat, and Metes and Bounds. Preliminary plats have a 120-day timeframe for review. Preliminary plats grant standing for the development of a property. Metes and Bounds subdivisions go to City Council for a public hearing. Final plats are heard by City Council which reviews whether the conditions of the preliminary plat have been met. Kate Aanenson reviewed the Wetland Alteration process. The city is in the process of amending its wetland and stormwater ordinances so it can again become the Local Governmental Unit (LGU) for wetland and stormwater issues. This will streamline the development review process. Kate Aanenson discussed the Site Plan Review process. Site plans are required prior to construction of new buildings. Site plan reviews check to verify that a proposed development meets City Code. Conditional Use Permits and Interim Use Permits were discussed by Kate Aanenson. Conditional uses must meet certain criteria or conditions as outlined in the City Code. Interim Use Permits are reviewed in the same fashion but have a sunset date to the use. Conditional Use Permits run with the property and are for the use, not the person. Kate Aanenson noted that the Findings of Fact and Recommendation/Decision are a critical component of city review because it provides the basis for the city’s decision on a project. The Findings of Fact are used if the city’s decisions are ever challenged. Kate Aanenson discussed the jurisdictional review document (Agency Review Request) that is sent out for every development review application. 5. Ongoing Projects Jill Sinclair gave a presentation on landscaping and tree preservation. She pointed out the benefits of trees including cooling, increased property values and stormwater management and deduced runoff. Trees also provide health benefits by reducing pollution, producing oxygen, reducing erosion and they also provide beauty and calming benefits. Trees are under stress due to three causes: development threats, insects and disease and climate changes. The city’s focus is on preserving the urban forest and where preservation cannot be done, then planting to replace. Chapters 18 and 20 of the City Code address tree preservation and provide buffer yard, foundation and parking lot landscaping requirements. As part of tree preservation, 3 the city takes existing canopy coverage, then provides a minimum amount of preservation that must be maintained without triggering tree replacement requirements. The Commission asked whether we could require greater preservation than what Code states. While we encourage more than the minimum, our role is to implement the Code. Regarding insect infestation, the greatest current threat is the emerald ash borer. It can be treated, which is recommended for healthy trees 10 inches in diameter, breast height or larger. The idea is to save the best and remove the rest since eventually, all ash trees will be infected unless treated. Matt Unmacht discussed the stormwater and wetland ordinance amendments. He explained that surface water either runs off, soaks in or evaporates. What stormwater management attempts to do is mitigate for pollution, which is quality improvements, or mitigate for flooding, which is quantity improvements. In a developing community, there is an increase in the quantity of hard surfaces. Exposed soils, which lead to increased erosion and water sedimentation. What we are also seeing is a change in the frequency and intensity of storm events. The city is trying to make up for the lack of historical controls and management of stormwater. We reduce flooding by capturing runoff. Stormwater in Chanhassen is regulated a by number of agencies at the state, local and federal level. There are four watershed management organizations (WMO) that have regulations in the city. The city is amending Chapters 1, 18, 19 and 20 of the City Code to implement all WMO regulations to obtain permitting for the city, rather than the WMO, to reduce redundancy and speed up the review process. George Bender gave an update on some 2021 Capital Projects. He discussed that the city, in partnership with adjacent communities, Carver County and the Minnesota Department of Transportation, has completed a two-year infrastructure review of the Arboretum Area Transportation Plan. The partnership has received regional solicitation of $10 million for 2024- 2025 for the project. Carver County is the lead agency on the project. Highway 101 Phase II will begin this spring. A visualization video was shown as well as photographs and links to Carver County for drone pictures. Minnewashta Parkway is a two phase project that includes rehabilitation, reconstruction and mill and overlay in some places. The first phase was last year and was not fully completed. The project includes replacement of sanitary sewer, water and storm sewer as well as roadway replacement. 2021 Pavement Management. Includes six areas from the 2021 – 2025 CIP. 6.5 miles of roadway with four full-depth replacement and two mill and overlay. Projects include ADA pedestrian ramps, sanitary sewer infill and infiltration repairs. Storm sewer improvements, adding sumps, and stormwater ponding in Trappers Pass. Matt Unmacht added that the city completed a comprehensive filed survey of 250 city ponds which will be used to prioritize pond improvements. 4 Mark von Oven asked how these studies happen. George Bender stated that it was a cooperative effort by the affected jurisdiction based on common knowledge of a known problem and collaborative effort to correct the problem. 6. Ongoing Development Kate Aanenson pointed out some ongoing development activity including the Lakes at Chanhassen development, Moments Continuing Care Facility, potential development of the Southwest Transit property for apartments, the subdivision of the Crossroads development and the potential subdivision of land south of the Fox Wood development. 7. Review Other Commissions’ Goals Kate Aanenson noted that as time presents itself, staff will bring educational items to the Planning Commission such as review of demographic data, addressing senior issues and miscellaneous city projects. A joint Commission tour is intended for later this summer. The work session ended at 8:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Robert Generous CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Approve Claims Paid 04­26­2021 Section CONSENT AGENDA Item No: D.4. Prepared By Kelly Strey, Finance Director File No:  SUMMARY The following claims are submitted for review and approval on April 26, 2021: Check Numbers Amounts 175195 – 175268 $574,061.17 ACH Payments 86,948.22 Total All Claims $661,009.39 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 4/16/2021 12:00 PM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount Alldat ALLDATA LLC 04/08/2021 0.00 1,500.00175195 AMETIR AMERICAN TIRE DISTRIBUTORS INC 04/08/2021 0.00 2,966.59175196 ARAMAR ARAMARK Refreshment Services, LLC 04/08/2021 0.00 590.00175197 ASPMIL ASPEN MILLS 04/08/2021 0.00 148.48175198 UB*02181 BANKERS TITLE 04/08/2021 0.00 73.72175199 BCATRA BCA 04/08/2021 0.00 105.00175200 UB*02182 KAREN BEATON 04/08/2021 0.00 37.43175201 UB*02177 BLUFF CREEK SENIOR HOUSING LLC 04/08/2021 0.00 15.97175202 Bohlma Bohlmann, Inc.04/08/2021 0.00 1,280.60175203 BOUMED BOUND TREE MEDICAL LLC 04/08/2021 0.00 201.90175204 UB*02180 BURNET TITLE 04/08/2021 0.00 43.96175205 CENENE CENTERPOINT ENERGY MINNEGASCO 04/08/2021 0.00 3,360.17175206 EmbMinn CENTURYLINK 04/08/2021 0.00 1,855.91175207 chanJoa Joanne Chan 04/08/2021 0.00 40.00175208 CLACCO CLASS C COMPONENTS INC 04/08/2021 0.00 90.20175209 CORMAI CORE & MAIN LP 04/08/2021 0.00 462.90175210 RapCra Craig Rapp LLC 04/08/2021 0.00 2,937.50175211 CROCOL CROWN COLLEGE 04/08/2021 0.00 566.00175212 EARAND Earl F Andersen Inc 04/08/2021 0.00 563.40175213 UB*02183 EDGEWATER TITLE GROUP LLC 04/08/2021 0.00 7.40175214 ENVEQU Environmental Equipment & Services Inc 04/08/2021 0.00 271.54175215 UB*02178 TAE WON HWANG & EUN YOUNG LEE 04/08/2021 0.00 63.14175216 FACMOT FACTORY MOTOR PARTS COMPANY 04/08/2021 0.00 250.10175217 FerEnt Ferguson Enterprises, Inc. #1657 04/08/2021 0.00 1,169.96175218 UB*02187 FIRST AMERICAN TITLE INSURANCE COMPANY04/08/2021 0.00 8.25175219 UB*02176 GLOBAL CLOSING AND TITLE SERVICE04/08/2021 0.00 7.44175220 GRABAR GRAYBAR 04/08/2021 0.00 2,962.95175221 GREMEA GREEN MEADOWS INC 04/08/2021 0.00 220.00175222 HastJame James Hastreiter Jr 04/08/2021 0.00 50.00175223 IndSig Indigo Signs 04/08/2021 0.00 152.50175224 Loc49 IUOE Local #49 04/08/2021 0.00 735.00175225 JAGCOM Jaguar Communications Inc 04/08/2021 0.00 53.60175226 UB*02179 KEVIN & ANN KLEIN 04/08/2021 0.00 327.02175227 KRISEng KRIS Engineering, Inc.04/08/2021 0.00 3,684.00175228 LENCHE LENZEN CHEVROLET BUICK 04/08/2021 0.00 3,731.36175229 UB*02186 MARC MEEDEN 04/08/2021 0.00 247.99175230 MNSaf Minnesota Safety Council 04/08/2021 0.00 360.00175231 NCPERS MN NCPERS LIFE INSURANCE 04/08/2021 0.00 112.00175232 MYPLUM My Plumber 04/08/2021 0.00 6.50175233 PILDRY PILGRIM DRY CLEANERS 04/08/2021 0.00 902.55175234 QUAFIR Quality First Janitorial & Maintenance Inc 04/08/2021 0.00 750.00175235 UB*02184 RESULTS TITLE 04/08/2021 0.00 48.80175236 RJIPro RJI Professionals Inc 04/08/2021 0.00 320.16175237 SchwPerr Perry Schwartz 04/08/2021 0.00 100.00175238 SMHEN SM HENTGES & SONS 04/08/2021 0.00 294,956.96175239 UB*02185 CLIFFORD SMIT 04/08/2021 0.00 29.43175240 SOUSUB Southwest Suburban Publishing 04/08/2021 0.00 1,207.09175241 Page 1AP Checks by Date - Summary by Check Number (4/16/2021 12:00 PM) Check No Check DateVendor NameVendor No Void Checks Check Amount TayEle Taylor Electric Company, LLC 04/08/2021 0.00 6,090.00175242 TheHart The Hartford 04/08/2021 0.00 1,343.59175243 TimSav TimeSaver Off Site Secretarial, Inc 04/08/2021 0.00 338.00175244 VitAgi Vital Aging Network 04/08/2021 0.00 500.00175245 AleAlf Alfred Alejo 04/15/2021 0.00 50.00175246 ARAMAR ARAMARK Refreshment Services, LLC 04/15/2021 0.00 156.50175247 ArmJos Joseph Armstrong 04/15/2021 0.00 100.00175248 ASPMIL ASPEN MILLS 04/15/2021 0.00 612.75175249 BCATRA BCA 04/15/2021 0.00 120.00175250 BLAZMARY Mary Blazanin 04/15/2021 0.00 27.96175251 BONPLU BONFES PLUMBING & HEATING 04/15/2021 0.00 11.42175252 CENENE CENTERPOINT ENERGY MINNEGASCO 04/15/2021 0.00 1,304.82175253 CenLin CenturyLink 04/15/2021 0.00 64.00175254 CORMAI CORE & MAIN LP 04/15/2021 0.00 186.76175255 EGACOM EGAN COMPANY 04/15/2021 0.00 1,024.88175256 EscFir Escape Fire Protection LLC 04/15/2021 0.00 13.07175257 FlePri FleetPride, Inc.04/15/2021 0.00 104.44175258 GOGYMN Go Gymnastics 04/15/2021 0.00 1,078.00175259 GRABAR GRAYBAR 04/15/2021 0.00 450.94175260 INDSCH INDEPENDENT SCHOOL DIST 112 04/15/2021 0.00 7,043.22175261 LANEQ1 Lano Equipment 04/15/2021 0.00 506.72175262 METCO2 METROPOLITAN COUNCIL 04/15/2021 0.00 205,291.66175263 MILWIN Milbank Winwater Works 04/15/2021 0.00 1,022.74175264 MNNAT MN DEPT OF NATURAL RESOURCES 04/15/2021 0.00 15,239.80175265 MSFCA MN STATE FIRE CHIEFS ASSOC.04/15/2021 0.00 400.00175266 OlsMat Matthew Olson 04/15/2021 0.00 100.00175267 WastMana Waste Management of Minnesota, Inc 04/15/2021 0.00 1,304.43175268 Report Total (74 checks): 574,061.17 0.00 Page 2AP Checks by Date - Summary by Check Number (4/16/2021 12:00 PM) Accounts Payable Checks by Date - Summary by Check User:dwashburn Printed: 4/16/2021 12:01 PM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH AlHiJuli Juli Al-Hilwani 04/08/2021 0.00 146.25 ACH carcou Carver County 04/08/2021 0.00 4.00 ACH DaniReem Reem Danial 04/08/2021 0.00 210.00 ACH GOPSTA GOPHER STATE ONE-CALL INC 04/08/2021 0.00 288.90 ACH INDLAN Indoor Landscapes Inc 04/08/2021 0.00 187.00 ACH InnOff Innovative Office Solutions LLC 04/08/2021 0.00 98.04 ACH JEFFIR JEFFERSON FIRE SAFETY INC 04/08/2021 0.00 192.74 ACH Marco Marco Inc 04/08/2021 0.00 1,112.54 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 04/08/2021 0.00 10.00 ACH MVEC MN VALLEY ELECTRIC COOP 04/08/2021 0.00 6,024.20 ACH napa NAPA AUTO & TRUCK PARTS 04/08/2021 0.00 403.35 ACH OREAUT O'Reilly Automotive Inc 04/08/2021 0.00 71.73 ACH PRARES PRAIRIE RESTORATIONS INC 04/08/2021 0.00 800.00 ACH PREMRM PRECISE MRM LLC 04/08/2021 0.00 325.00 ACH ProTec Pro-Tec Design, Inc. 04/08/2021 0.00 1,042.61 ACH RBMSER RBM SERVICES INC 04/08/2021 0.00 7,266.10 ACH SunLif Sun Life Financial 04/08/2021 0.00 1,579.88 ACH TouPoi TouchPoint Logic LLC 04/08/2021 0.00 310.00 ACH TWISEE TWIN CITY SEED CO. 04/08/2021 0.00 600.00 ACH VERIZO VERIZON WIRELESS 04/08/2021 0.00 6,915.84 ACH WSB WSB & ASSOCIATES INC 04/08/2021 0.00 14,055.50 ACH WWGRA WW GRAINGER INC 04/08/2021 0.00 221.40 ACH BENEXT BENEFIT EXTRAS INC 04/15/2021 0.00 103.00 ACH BROAWA BROADWAY AWARDS 04/15/2021 0.00 155.31 ACH carcou Carver County 04/15/2021 0.00 711.50 ACH CORMEC CORPORATE MECHANICAL 04/15/2021 0.00 715.00 ACH FASCOM FASTENAL COMPANY 04/15/2021 0.00 93.44 ACH HOIKOE HOISINGTON KOEGLER GROUP 04/15/2021 0.00 4,396.05 ACH HOOPTHRE Hoops & Threads LLC 04/15/2021 0.00 18.00 ACH InnOff Innovative Office Solutions LLC 04/15/2021 0.00 76.75 ACH KORTER KORTERRA INC 04/15/2021 0.00 1,000.00 ACH LYMLUM LYMAN LUMBER 04/15/2021 0.00 305.96 ACH MERACE MERLINS ACE HARDWARE 04/15/2021 0.00 794.50 ACH METCO Metropolitan Council, Env Svcs 04/15/2021 0.00 24,601.50 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 04/15/2021 0.00 7,213.45 ACH MVEC MN VALLEY ELECTRIC COOP 04/15/2021 0.00 232.84 ACH Nyhart The Howard E. Nyhart Co. Inc 04/15/2021 0.00 2,600.00 ACH OLSOANNI Annika Olson 04/15/2021 0.00 610.00 ACH SPRPCS SPRINT PCS 04/15/2021 0.00 103.44 ACH ZEEMED ZEE MEDICAL SERVICE 04/15/2021 0.00 1,352.40 Report Total: 0.00 86,948.22 Page 1 of 1 Accounts Payable Check Detail-Checks User: dwashburn Printed: 04/16/2021 - 12:09 PM Name Check D Account Description Amount Alejo Alfred 04/15/2021 720-7204-4901 Waterwise Rebate 50.00 Alejo Alfred 50.00 ALLDATA LLC 04/08/2021 101-1160-4300 Annual Renewal Alldata Repair Service 1,500.00 ALLDATA LLC 1,500.00 AMERICAN TIRE DISTRIBUTORS INC 04/08/2021 101-1550-4120 Tires 1,088.09 AMERICAN TIRE DISTRIBUTORS INC 04/08/2021 700-0000-4140 Tires 1,878.50 AMERICAN TIRE DISTRIBUTORS INC 2,966.59 ARAMARK Refreshment Services, LLC 04/08/2021 101-1170-4110 K Cups 590.00 ARAMARK Refreshment Services, LLC 04/15/2021 101-1170-4110 Water Filter 156.50 ARAMARK Refreshment Services, LLC 746.50 Armstrong Joseph 04/15/2021 720-7204-4901 Waterwise Rebate 100.00 Armstrong Joseph 100.00 ASPEN MILLS 04/08/2021 101-1220-4240 Boots-Fatturi 148.48 ASPEN MILLS 04/15/2021 101-1220-4240 Clothing 539.10 ASPEN MILLS 04/15/2021 101-1220-4240 Clothing 73.65 ASPEN MILLS 761.23 BANKERS TITLE 04/08/2021 700-0000-2020 Refund Check 24.96 BANKERS TITLE 04/08/2021 701-0000-2020 Refund Check 39.42 BANKERS TITLE 04/08/2021 720-0000-2020 Refund Check 7.20 BANKERS TITLE 04/08/2021 700-0000-2020 Refund Check 2.14 BANKERS TITLE 73.72 BCA 04/08/2021 101-1120-4300 Background Investigations 105.00 BCA 04/15/2021 101-1120-4300 Criminal Background Investigation 120.00 BCA 225.00 BEATON KAREN 04/08/2021 700-0000-2020 Refund Check 24.61 BEATON KAREN 04/08/2021 701-0000-2020 Refund Check 10.11 BEATON KAREN 04/08/2021 720-0000-2020 Refund Check 1.65 BEATON KAREN 04/08/2021 700-0000-2020 Refund Check 1.06 BEATON KAREN 37.43 Accounts Payable - Check Detail-Checks (04/16/2021 - 12:09 PM)Page 1 of 8 Name Check D Account Description Amount Blazanin Mary 04/15/2021 101-1560-4130 Prize Bag Items 27.96 Blazanin Mary 27.96 BLUFF CREEK SENIOR HOUSING LLC 04/08/2021 700-0000-2020 Refund Check 3.40 BLUFF CREEK SENIOR HOUSING LLC 04/08/2021 701-0000-2020 Refund Check 6.18 BLUFF CREEK SENIOR HOUSING LLC 04/08/2021 720-0000-2020 Refund Check 6.34 BLUFF CREEK SENIOR HOUSING LLC 04/08/2021 700-0000-2020 Refund Check 0.05 BLUFF CREEK SENIOR HOUSING LLC 15.97 Bohlmann, Inc.04/08/2021 101-1320-4150 Concrete 4-gang post mount mailbox 1,280.60 Bohlmann, Inc. 1,280.60 BONFES PLUMBING & HEATING 04/15/2021 101-0000-2033 Overpayment Refund - Permit P2021-01480 - 483 Greenview Dr 11.42 BONFES PLUMBING & HEATING 11.42 BOUND TREE MEDICAL LLC 04/08/2021 101-1220-4130 Gown Blue Isolation Full Back Knit Cuffs Tie Waist 201.90 BOUND TREE MEDICAL LLC 201.90 BURNET TITLE 04/08/2021 700-0000-2020 Refund Check 23.94 BURNET TITLE 04/08/2021 701-0000-2020 Refund Check 17.64 BURNET TITLE 04/08/2021 720-0000-2020 Refund Check 1.45 BURNET TITLE 04/08/2021 700-0000-2020 Refund Check 0.93 BURNET TITLE 43.96 CENTERPOINT ENERGY MINNEGASCO 04/08/2021 700-7043-4320 Gas charges 1,125.20 CENTERPOINT ENERGY MINNEGASCO 04/08/2021 101-1190-4320 Gas charges 908.72 CENTERPOINT ENERGY MINNEGASCO 04/08/2021 700-7019-4320 Gas charges 354.99 CENTERPOINT ENERGY MINNEGASCO 04/08/2021 101-1170-4320 Gas charges 691.60 CENTERPOINT ENERGY MINNEGASCO 04/08/2021 700-0000-4320 Gas charges 47.91 CENTERPOINT ENERGY MINNEGASCO 04/08/2021 101-1550-4320 Gas charges 231.75 CENTERPOINT ENERGY MINNEGASCO 04/15/2021 101-1220-4320 Monthly Service 702.90 CENTERPOINT ENERGY MINNEGASCO 04/15/2021 101-1530-4320 Monthly Service 141.12 CENTERPOINT ENERGY MINNEGASCO 04/15/2021 101-1171-4320 Monthly Service 70.38 CENTERPOINT ENERGY MINNEGASCO 04/15/2021 101-1370-4320 Monthly Service 281.48 CENTERPOINT ENERGY MINNEGASCO 04/15/2021 700-0000-4320 Monthly Service 35.18 CENTERPOINT ENERGY MINNEGASCO 04/15/2021 701-0000-4320 Monthly Service 35.18 CENTERPOINT ENERGY MINNEGASCO 04/15/2021 605-6502-4300 Monthly Service 38.58 CENTERPOINT ENERGY MINNEGASCO 4,664.99 CenturyLink 04/15/2021 700-0000-4310 Monthly Phone Charge 32.00 CenturyLink 04/15/2021 701-0000-4310 Monthly Phone Charge 32.00 CENTURYLINK 04/08/2021 101-1540-4310 Monthly service 95.40 CENTURYLINK 04/08/2021 101-1190-4310 Monthly service 127.20 CENTURYLINK 04/08/2021 700-0000-4310 Monthly service 15.12 CENTURYLINK 04/08/2021 700-7019-4310 Monthly service 210.28 CENTURYLINK 04/08/2021 701-0000-4310 Monthly service 15.13 CENTURYLINK 04/08/2021 101-1160-4310 Monthly service 250.00 CENTURYLINK 04/08/2021 101-1170-4310 Monthly service 861.06 CENTURYLINK 04/08/2021 700-0000-4310 Monthly service 6.36 Accounts Payable - Check Detail-Checks (04/16/2021 - 12:09 PM)Page 2 of 8 Name Check D Account Description Amount CENTURYLINK 04/08/2021 701-0000-4310 Monthly service 6.36 CENTURYLINK 04/08/2021 101-1550-4310 Monthly service 30.04 CENTURYLINK 04/08/2021 101-1350-4310 Monthly service 30.04 CENTURYLINK 04/08/2021 101-1220-4310 Monthly service 33.04 CENTURYLINK 04/08/2021 101-1370-4310 Monthly service 50.88 CENTURYLINK 04/08/2021 101-1160-4320 Monthly service 125.00 CENTURYLINK 1,919.91 Chan Joanne 04/08/2021 101-1560-4300 Refund-Mah Jongg Class for Beginners 40.00 Chan Joanne 40.00 CLASS C COMPONENTS INC 04/08/2021 101-1320-4240 gloves/safety vests/face masks 90.20 CLASS C COMPONENTS INC 90.20 CORE & MAIN LP 04/08/2021 700-0000-4550 12x15 REP CLP 462.90 CORE & MAIN LP 04/15/2021 701-0000-4551 Supplies 186.76 CORE & MAIN LP 649.66 Craig Rapp LLC 04/08/2021 101-1110-4300 Strategic Planning Services 2,937.50 Craig Rapp LLC 2,937.50 CROWN COLLEGE 04/08/2021 101-1220-4370 EMT/EMR training & CPR training 566.00 CROWN COLLEGE 566.00 Earl F Andersen Inc 04/08/2021 101-1320-4560 flat galvanized channel/flat back galvanized post 563.40 Earl F Andersen Inc 563.40 EDGEWATER TITLE GROUP LLC 04/08/2021 700-0000-2020 Refund Check 2.46 EDGEWATER TITLE GROUP LLC 04/08/2021 701-0000-2020 Refund Check 3.28 EDGEWATER TITLE GROUP LLC 04/08/2021 720-0000-2020 Refund Check 1.41 EDGEWATER TITLE GROUP LLC 04/08/2021 700-0000-2020 Refund Check 0.25 EDGEWATER TITLE GROUP LLC 7.40 EGAN COMPANY 04/15/2021 700-7043-4530 Service work 1,024.88 EGAN COMPANY 1,024.88 Environmental Equipment & Services Inc 04/08/2021 101-1320-4120 misc parts/supplies 271.54 Environmental Equipment & Services Inc 271.54 Escape Fire Protection LLC 04/15/2021 101-0000-2033 overpayment - Permit #P2021-01410 - 1365 Park Rd 13.07 Escape Fire Protection LLC 13.07 EUN YOUNG LEE TAE WON HWANG &04/08/2021 700-0000-2020 Refund Check 18.13 EUN YOUNG LEE TAE WON HWANG &04/08/2021 701-0000-2020 Refund Check 29.00 EUN YOUNG LEE TAE WON HWANG &04/08/2021 720-0000-2020 Refund Check 14.01 EUN YOUNG LEE TAE WON HWANG &04/08/2021 700-0000-2020 Refund Check 2.00 Accounts Payable - Check Detail-Checks (04/16/2021 - 12:09 PM)Page 3 of 8 Name Check D Account Description Amount EUN YOUNG LEE TAE WON HWANG & 63.14 FACTORY MOTOR PARTS COMPANY 04/08/2021 700-0000-4120 Del 31-901 CT 125.05 FACTORY MOTOR PARTS COMPANY 04/08/2021 700-0000-4120 Del 31-901 CT 125.05 FACTORY MOTOR PARTS COMPANY 250.10 Ferguson Enterprises, Inc. #1657 04/08/2021 700-0000-4550 1/4 SS 2000# Thrd sp bv / 3/8 SS 2000# Thrd sp bv 1,169.96 Ferguson Enterprises, Inc. #1657 1,169.96 FIRST AMERICAN TITLE INSURANCE COMPANY04/08/2021 700-0000-2020 Refund Check 8.25 FIRST AMERICAN TITLE INSURANCE COMPANY 8.25 FleetPride, Inc.04/15/2021 101-1320-4140 Supplies 104.44 FleetPride, Inc.04/15/2021 101-1370-4170 Fluid 141.14 FleetPride, Inc.04/15/2021 101-1370-4170 Fluid - return -141.14 FleetPride, Inc. 104.44 GLOBAL CLOSING AND TITLE SERVICE 04/08/2021 700-0000-2020 Refund Check 2.41 GLOBAL CLOSING AND TITLE SERVICE 04/08/2021 701-0000-2020 Refund Check 2.96 GLOBAL CLOSING AND TITLE SERVICE 04/08/2021 720-0000-2020 Refund Check 1.81 GLOBAL CLOSING AND TITLE SERVICE 04/08/2021 700-0000-2020 Refund Check 0.26 GLOBAL CLOSING AND TITLE SERVICE 7.44 Go Gymnastics 04/15/2021 101-1537-4300 Classes 294.00 Go Gymnastics 04/15/2021 101-1538-4300 Classes 784.00 Go Gymnastics 1,078.00 GRAYBAR 04/08/2021 101-1550-4120 light bulbs for Lake Ann Park shed 149.04 GRAYBAR 04/08/2021 101-1350-4120 HID ballast kit 884.52 GRAYBAR 04/08/2021 101-1350-4120 PBL07856-001 MOBOTREX Inc 1,866.21 GRAYBAR 04/08/2021 101-1350-4120 HID ballast kit 63.18 GRAYBAR 04/15/2021 101-1350-4120 Supplies 63.70 GRAYBAR 04/15/2021 101-1550-4150 Materials 387.24 GRAYBAR 3,413.89 GREEN MEADOWS INC 04/08/2021 101-1550-1193 Snow Plowing 220.00 GREEN MEADOWS INC 220.00 Hastreiter Jr James 04/08/2021 720-7204-4901 Waterwide Rebate-Toilet 50.00 Hastreiter Jr James 50.00 INDEPENDENT SCHOOL DIST 112 04/15/2021 101-1530-4320 Utilities 7,043.22 INDEPENDENT SCHOOL DIST 112 7,043.22 Indigo Signs 04/08/2021 101-1170-4110 name plates-Kelly Strey, Finance Director 152.50 Accounts Payable - Check Detail-Checks (04/16/2021 - 12:09 PM)Page 4 of 8 Name Check D Account Description Amount Indigo Signs 152.50 IUOE Local #49 04/08/2021 101-0000-2004 PR Batch 00409.04.2021 Local 49 dues 448.02 IUOE Local #49 04/08/2021 700-0000-2004 PR Batch 00409.04.2021 Local 49 dues 261.50 IUOE Local #49 04/08/2021 701-0000-2004 PR Batch 00409.04.2021 Local 49 dues 25.48 IUOE Local #49 735.00 Jaguar Communications Inc 04/08/2021 700-7043-4310 Monthly service 53.60 Jaguar Communications Inc 53.60 KLEIN KEVIN & ANN 04/08/2021 700-0000-2020 Refund Check 101.95 KLEIN KEVIN & ANN 04/08/2021 701-0000-2020 Refund Check 158.30 KLEIN KEVIN & ANN 04/08/2021 720-0000-2020 Refund Check 58.43 KLEIN KEVIN & ANN 04/08/2021 700-0000-2020 Refund Check 8.34 KLEIN KEVIN & ANN 327.02 KRIS Engineering, Inc.04/08/2021 101-1320-4120 JOMA 6000x4 4ft edge 3,684.00 KRIS Engineering, Inc. 3,684.00 Lano Equipment 04/15/2021 101-1550-4120 Pallet Forks 600.00 Lano Equipment 04/15/2021 700-0000-4120 Warranty Credit -93.28 Lano Equipment 506.72 LENZEN CHEVROLET BUICK 04/08/2021 700-0000-3808 Progressive Estimate-Repair Silverado 3,731.36 LENZEN CHEVROLET BUICK 3,731.36 MEEDEN MARC 04/08/2021 700-0000-2020 Refund Check 76.82 MEEDEN MARC 04/08/2021 701-0000-2020 Refund Check 123.68 MEEDEN MARC 04/08/2021 720-0000-2020 Refund Check 41.56 MEEDEN MARC 04/08/2021 700-0000-2020 Refund Check 5.93 MEEDEN MARC 247.99 METROPOLITAN COUNCIL 04/15/2021 701-0000-4509 Waste Water 205,291.66 METROPOLITAN COUNCIL 205,291.66 Milbank Winwater Works 04/15/2021 700-0000-4552 Materials 1,022.74 Milbank Winwater Works 1,022.74 Minnesota Safety Council 04/08/2021 101-1560-4300 Class on 03-11-2021 270.00 Minnesota Safety Council 04/08/2021 101-1560-4300 Class on 03-18-2021 & 03-25-2021 90.00 Minnesota Safety Council 360.00 MN DEPT OF NATURAL RESOURCES 04/15/2021 700-0000-4550 Water permit 15,239.80 MN DEPT OF NATURAL RESOURCES 15,239.80 Accounts Payable - Check Detail-Checks (04/16/2021 - 12:09 PM)Page 5 of 8 Name Check D Account Description Amount MN NCPERS LIFE INSURANCE 04/08/2021 101-0000-2011 PR Batch 00409.04.2021 NCPERS-Life Insurance 78.44 MN NCPERS LIFE INSURANCE 04/08/2021 210-0000-2011 PR Batch 00409.04.2021 NCPERS-Life Insurance 3.97 MN NCPERS LIFE INSURANCE 04/08/2021 700-0000-2011 PR Batch 00409.04.2021 NCPERS-Life Insurance 13.60 MN NCPERS LIFE INSURANCE 04/08/2021 701-0000-2011 PR Batch 00409.04.2021 NCPERS-Life Insurance 13.59 MN NCPERS LIFE INSURANCE 04/08/2021 720-0000-2011 PR Batch 00409.04.2021 NCPERS-Life Insurance 2.40 MN NCPERS LIFE INSURANCE 112.00 MN STATE FIRE CHIEFS ASSOC.04/15/2021 101-1220-4360 2021 Membership 400.00 MN STATE FIRE CHIEFS ASSOC. 400.00 My Plumber 04/08/2021 101-0000-2033 Refund Overpayment-3861 Red Cedar Point Rd 6.50 My Plumber 6.50 Olson Matthew 04/15/2021 720-7204-4901 Waterwise Rebate 100.00 Olson Matthew 100.00 PILGRIM DRY CLEANERS 04/08/2021 101-1220-4300 Laundry service 425.99 PILGRIM DRY CLEANERS 04/08/2021 101-1220-4300 Laundry service 476.56 PILGRIM DRY CLEANERS 902.55 Quality First Janitorial & Maintenance Inc 04/08/2021 101-1370-4350 Cleaning/Sanitizing 600.00 Quality First Janitorial & Maintenance Inc 04/08/2021 700-0000-4350 Cleaning/Sanitizing 75.00 Quality First Janitorial & Maintenance Inc 04/08/2021 701-0000-4350 Cleaning/Sanitizing 75.00 Quality First Janitorial & Maintenance Inc 750.00 RESULTS TITLE 04/08/2021 700-0000-2020 Refund Check 9.07 RESULTS TITLE 04/08/2021 701-0000-2020 Refund Check 21.01 RESULTS TITLE 04/08/2021 720-0000-2020 Refund Check 16.39 RESULTS TITLE 04/08/2021 700-0000-2020 Refund Check 2.33 RESULTS TITLE 48.80 RJI Professionals Inc 04/08/2021 101-1250-3301 Refund Permit-4166 Red Oak Ln 320.16 RJI Professionals Inc 320.16 Schwartz Perry 04/08/2021 720-7204-4901 Waterwise rebate-2 toilets 100.00 Schwartz Perry 100.00 SM HENTGES & SONS 04/08/2021 605-6503-4751 CSAH 101 Improvement 294,956.96 SM HENTGES & SONS 294,956.96 SMIT CLIFFORD 04/08/2021 700-0000-2020 Refund Check 29.43 SMIT CLIFFORD 29.43 Southwest Suburban Publishing 04/08/2021 101-1310-4340 printing/publishing 556.51 Southwest Suburban Publishing 04/08/2021 101-1110-4340 printing/publishing 381.78 Southwest Suburban Publishing 04/08/2021 101-1612-4340 printing/publishing 268.80 Accounts Payable - Check Detail-Checks (04/16/2021 - 12:09 PM)Page 6 of 8 Name Check D Account Description Amount Southwest Suburban Publishing 1,207.09 Taylor Electric Company, LLC 04/08/2021 101-1350-4565 remove/replace 3 ped countdown timers 3,130.00 Taylor Electric Company, LLC 04/08/2021 101-1350-4565 troubleshoot lights-Fire Station 780.00 Taylor Electric Company, LLC 04/08/2021 101-1350-4565 change ballast/repair wire/replace timer relay/replace bulbs 2,180.00 Taylor Electric Company, LLC 6,090.00 The Hartford 04/08/2021 101-1120-4045 LTD April 84.63 The Hartford 04/08/2021 101-1130-4045 LTD April 80.65 The Hartford 04/08/2021 101-1160-4045 LTD April 34.45 The Hartford 04/08/2021 101-1250-4045 LTD April 130.35 The Hartford 04/08/2021 101-1310-4045 LTD April 92.19 The Hartford 04/08/2021 101-1320-4045 LTD April 169.95 The Hartford 04/08/2021 101-1370-4045 LTD April 56.04 The Hartford 04/08/2021 101-1520-4045 LTD April 41.61 The Hartford 04/08/2021 101-1530-4045 LTD April 17.69 The Hartford 04/08/2021 101-1560-4045 LTD April 14.76 The Hartford 04/08/2021 101-1600-4045 LTD April 23.52 The Hartford 04/08/2021 101-1700-4045 LTD April 2.61 The Hartford 04/08/2021 101-1550-4045 LTD April 123.06 The Hartford 04/08/2021 101-1420-4045 LTD April 98.20 The Hartford 04/08/2021 101-1430-4045 LTD April 5.88 The Hartford 04/08/2021 210-0000-4045 LTD April 5.49 The Hartford 04/08/2021 720-7201-4045 LTD April 6.94 The Hartford 04/08/2021 720-7202-4045 LTD April 6.94 The Hartford 04/08/2021 101-1220-4045 LTD April 65.23 The Hartford 04/08/2021 701-0000-4045 LTD April 100.45 The Hartford 04/08/2021 700-0000-4045 LTD April 130.42 The Hartford 04/08/2021 720-0000-4045 LTD April 52.53 The Hartford 1,343.59 TimeSaver Off Site Secretarial, Inc 04/08/2021 210-0000-4300 City Council meeting/Park & Rec Commission meeting 338.00 TimeSaver Off Site Secretarial, Inc 338.00 Vital Aging Network 04/08/2021 101-1560-4300 Aging with Gusto 500.00 Vital Aging Network 500.00 Waste Management of Minnesota, Inc 04/15/2021 101-1550-4350 Monthly Service 477.99 Waste Management of Minnesota, Inc 04/15/2021 700-0000-4350 Monthly Service 27.18 Waste Management of Minnesota, Inc 04/15/2021 701-0000-4350 Monthly Service 27.18 Waste Management of Minnesota, Inc 04/15/2021 101-1370-4350 Monthly Service 217.48 Waste Management of Minnesota, Inc 04/15/2021 101-1220-4350 Monthly Service 77.97 Waste Management of Minnesota, Inc 04/15/2021 101-1170-4350 Monthly Service 205.66 Waste Management of Minnesota, Inc 04/15/2021 101-1190-4350 Monthly Service 240.59 Waste Management of Minnesota, Inc 04/15/2021 101-1220-4350 Monthly Service 30.38 Waste Management of Minnesota, Inc 1,304.43 Accounts Payable - Check Detail-Checks (04/16/2021 - 12:09 PM)Page 7 of 8 Name Check D Account Description Amount 574,061.17 Accounts Payable - Check Detail-Checks (04/16/2021 - 12:09 PM)Page 8 of 8 Accounts Payable Check Detail-ACH User: dwashburn Printed: 04/16/2021 - 12:10 PM Name Check Dat Account Description Amount Al-Hilwani Juli 04/08/2021 101-1533-4300 Personal training-Annette King 146.25 Al-Hilwani Juli 146.25 BENEFIT EXTRAS INC 04/15/2021 101-0000-2012 Insurance 13.00 BENEFIT EXTRAS INC 04/15/2021 101-1120-4300 Insurance 90.00 BENEFIT EXTRAS INC 103.00 BROADWAY AWARDS 04/15/2021 101-1110-4375 Award 155.31 BROADWAY AWARDS 155.31 Carver County 04/08/2021 605-6502-4807 Property Tax 25.6010030 4.00 Carver County 04/15/2021 101-1130-4301 Tax Auditing 711.50 Carver County 715.50 CORPORATE MECHANICAL 04/15/2021 101-1170-4300 Service Work 715.00 CORPORATE MECHANICAL 715.00 Danial Reem 04/08/2021 101-1539-4300 Zumba instruction 210.00 Danial Reem 210.00 FASTENAL COMPANY 04/15/2021 101-1320-4240 Clothing 93.44 FASTENAL COMPANY 93.44 GOPHER STATE ONE-CALL INC 04/08/2021 400-0000-4300 March locates 288.90 GOPHER STATE ONE-CALL INC 288.90 HOISINGTON KOEGLER GROUP 04/15/2021 401-0000-4706 Park Equipment 4,396.05 HOISINGTON KOEGLER GROUP 4,396.05 Hoops & Threads LLC 04/15/2021 701-0000-4240 Custom Embroidery 9.00 Hoops & Threads LLC 04/15/2021 700-0000-4240 Custom Embroidery 9.00 Hoops & Threads LLC 18.00 Indoor Landscapes Inc 04/08/2021 101-1170-4300 April plant service 187.00 Indoor Landscapes Inc 187.00 Accounts Payable - Check Detail-ACH (04/16/2021 - 12:10 PM)Page 1 of 5 Name Check Dat Account Description Amount Innovative Office Solutions LLC 04/08/2021 101-1170-4110 envelope/label/paper 98.04 Innovative Office Solutions LLC 04/15/2021 101-1170-4110 office supplies 76.75 Innovative Office Solutions LLC 174.79 JEFFERSON FIRE SAFETY INC 04/08/2021 101-1220-4140 TFT adapter 192.74 JEFFERSON FIRE SAFETY INC 192.74 KORTERRA INC 04/15/2021 701-0000-4551 Services 1,000.00 KORTERRA INC 1,000.00 LYMAN LUMBER 04/15/2021 101-1550-4150 Materials 305.96 LYMAN LUMBER 305.96 Marco Inc 04/08/2021 101-1170-4410 Monthly fee 825.04 Marco Inc 04/08/2021 700-0000-4410 Monthly fee 115.00 Marco Inc 04/08/2021 701-0000-4410 Monthly fee 115.00 Marco Inc 04/08/2021 720-0000-4410 Monthly fee 57.50 Marco Inc 1,112.54 MERLINS ACE HARDWARE 04/15/2021 101-1220-4120 Supplies 207.53 MERLINS ACE HARDWARE 04/15/2021 101-1220-4140 Supplies 36.88 MERLINS ACE HARDWARE 04/15/2021 101-1220-4510 Materials 8.99 MERLINS ACE HARDWARE 04/15/2021 101-1320-4140 Supplies 43.15 MERLINS ACE HARDWARE 04/15/2021 101-1350-4120 Supplies 21.58 MERLINS ACE HARDWARE 04/15/2021 101-1550-4120 Supplies 215.19 MERLINS ACE HARDWARE 04/15/2021 700-0000-4150 Materials 5.74 MERLINS ACE HARDWARE 04/15/2021 700-0000-4550 Materials 9.89 MERLINS ACE HARDWARE 04/15/2021 700-7019-4150 Materials 45.67 MERLINS ACE HARDWARE 04/15/2021 700-7043-4150 Materials 87.44 MERLINS ACE HARDWARE 04/15/2021 101-1220-4290 Materials 78.25 MERLINS ACE HARDWARE 04/15/2021 101-1310-4120 Supplies 34.19 MERLINS ACE HARDWARE 794.50 Metropolitan Council, Env Svcs 04/15/2021 101-1250-3816 March -248.50 Metropolitan Council, Env Svcs 04/15/2021 701-0000-2023 March 24,850.00 Metropolitan Council, Env Svcs 24,601.50 MN DEPT OF LABOR AND INDUSTRY 04/08/2021 101-1220-4510 Pressure Vessel 10.00 MN DEPT OF LABOR AND INDUSTRY 04/15/2021 101-0000-2022 March 7,360.95 MN DEPT OF LABOR AND INDUSTRY 04/15/2021 101-1250-3818 March -147.50 MN DEPT OF LABOR AND INDUSTRY 7,223.45 MN VALLEY ELECTRIC COOP 04/08/2021 101-1350-4320 Electricity charges 5,017.85 MN VALLEY ELECTRIC COOP 04/08/2021 101-1600-4320 Electricity charges 69.69 MN VALLEY ELECTRIC COOP 04/08/2021 700-0000-4320 Electricity charges 144.63 MN VALLEY ELECTRIC COOP 04/08/2021 701-0000-4320 Electricity charges 414.36 MN VALLEY ELECTRIC COOP 04/08/2021 605-6502-4300 Electricity charges 45.13 MN VALLEY ELECTRIC COOP 04/08/2021 101-1350-4320 Electricity charges 84.17 Accounts Payable - Check Detail-ACH (04/16/2021 - 12:10 PM)Page 2 of 5 Name Check Dat Account Description Amount MN VALLEY ELECTRIC COOP 04/08/2021 101-1350-4320 Electricity charges 33.27 MN VALLEY ELECTRIC COOP 04/08/2021 101-1350-4320 Electricity charges 28.07 MN VALLEY ELECTRIC COOP 04/08/2021 101-1350-4320 Electricity charges 187.03 MN VALLEY ELECTRIC COOP 04/15/2021 101-1350-4320 Monthly Service 232.84 MN VALLEY ELECTRIC COOP 6,257.04 NAPA AUTO & TRUCK PARTS 04/08/2021 101-1550-4120 Brake Away Kits Acces 28.65 NAPA AUTO & TRUCK PARTS 04/08/2021 101-1550-4120 oil/air/hydraulic/fuel filters / wiper blade / fuses 174.43 NAPA AUTO & TRUCK PARTS 04/08/2021 701-0000-4120 alternator belt/oil filters/LED 116.96 NAPA AUTO & TRUCK PARTS 04/08/2021 701-0000-4140 brake pads 83.31 NAPA AUTO & TRUCK PARTS 403.35 Olson Annika 04/15/2021 101-1538-4300 Safe Kids Training 200.00 Olson Annika 04/15/2021 101-1538-4300 Babysitting Training 410.00 Olson Annika 610.00 O'Reilly Automotive Inc 04/08/2021 101-1170-4120 Misc parts/supplies 4.06 O'Reilly Automotive Inc 04/08/2021 101-1320-4140 Misc parts/supplies 59.88 O'Reilly Automotive Inc 04/08/2021 700-0000-4120 Misc parts/supplies 7.79 O'Reilly Automotive Inc 71.73 PRAIRIE RESTORATIONS INC 04/08/2021 720-7202-4300 Bluff Creek prairie mgmt 800.00 PRAIRIE RESTORATIONS INC 800.00 PRECISE MRM LLC 04/08/2021 101-1320-4310 10MB flat data plan 325.00 PRECISE MRM LLC 325.00 Pro-Tec Design, Inc.04/08/2021 101-1160-4530 Repair PW Man Door - Elect Door Strike 1,042.61 Pro-Tec Design, Inc. 1,042.61 RBM SERVICES INC 04/08/2021 101-1190-4350 Nightly Janitorial-Library 3,575.23 RBM SERVICES INC 04/08/2021 101-1170-4350 Nightly Janitorial-City Hall 3,690.87 RBM SERVICES INC 7,266.10 SPRINT PCS 04/15/2021 700-0000-4310 Monthly Service 51.72 SPRINT PCS 04/15/2021 701-0000-4310 Monthly Service 51.72 SPRINT PCS 103.44 Sun Life Financial 04/08/2021 101-0000-2011 Life Insurance-April Cobra 50.66 Sun Life Financial 04/08/2021 101-1120-4046 Life Insurance-April 33.82 Sun Life Financial 04/08/2021 101-1130-4046 Life Insurance-April 32.60 Sun Life Financial 04/08/2021 101-1160-4046 Life Insurance-April 13.61 Sun Life Financial 04/08/2021 101-1250-4046 Life Insurance-April 51.54 Sun Life Financial 04/08/2021 101-1310-4046 Life Insurance-April 45.55 Sun Life Financial 04/08/2021 101-1320-4046 Life Insurance-April 57.86 Sun Life Financial 04/08/2021 101-1370-4046 Life Insurance-April 21.62 Sun Life Financial 04/08/2021 101-1520-4046 Life Insurance-April 16.51 Accounts Payable - Check Detail-ACH (04/16/2021 - 12:10 PM)Page 3 of 5 Name Check Dat Account Description Amount Sun Life Financial 04/08/2021 101-1530-4046 Life Insurance-April 7.01 Sun Life Financial 04/08/2021 101-1560-4046 Life Insurance-April 5.86 Sun Life Financial 04/08/2021 101-1600-4046 Life Insurance-April 9.24 Sun Life Financial 04/08/2021 101-1700-4046 Life Insurance-April 1.03 Sun Life Financial 04/08/2021 101-1550-4046 Life Insurance-April 48.14 Sun Life Financial 04/08/2021 101-1420-4046 Life Insurance-April 39.24 Sun Life Financial 04/08/2021 101-1430-4046 Life Insurance-April 2.33 Sun Life Financial 04/08/2021 210-0000-4046 Life Insurance-April 8.69 Sun Life Financial 04/08/2021 720-7201-4046 Life Insurance-April 2.74 Sun Life Financial 04/08/2021 720-7202-4046 Life Insurance-April 2.74 Sun Life Financial 04/08/2021 101-1220-4046 Life Insurance-April 26.31 Sun Life Financial 04/08/2021 700-0000-4046 Life Insurance-April 51.60 Sun Life Financial 04/08/2021 701-0000-4046 Life Insurance-April 39.68 Sun Life Financial 04/08/2021 720-0000-4046 Life Insurance-April 20.96 Sun Life Financial 04/08/2021 101-0000-2011 Life Insurance-April 665.44 Sun Life Financial 04/08/2021 210-0000-2011 Life Insurance-April 10.59 Sun Life Financial 04/08/2021 700-0000-2011 Life Insurance-April 152.00 Sun Life Financial 04/08/2021 701-0000-2011 Life Insurance-April 152.00 Sun Life Financial 04/08/2021 720-0000-2011 Life Insurance-April 10.51 Sun Life Financial 1,579.88 The Howard E. Nyhart Co. Inc 04/15/2021 101-1130-4301 Professional Services 2,600.00 The Howard E. Nyhart Co. Inc 2,600.00 TouchPoint Logic LLC 04/08/2021 210-0000-4300 Repair/Reprogram Senior Center projector 310.00 TouchPoint Logic LLC 310.00 TWIN CITY SEED CO.04/08/2021 420-0000-4150 ditch mix / sun/shade lawn seed mix 300.00 TWIN CITY SEED CO.04/08/2021 700-0000-4150 ditch mix / sun/shade lawn seed mix 300.00 TWIN CITY SEED CO. 600.00 VERIZON WIRELESS 04/08/2021 700-0000-4310 Monthly charges 87.57 VERIZON WIRELESS 04/08/2021 701-0000-4310 Monthly charges 87.57 VERIZON WIRELESS 04/08/2021 101-1220-4310 Monthly charges 40.01 VERIZON WIRELESS 04/08/2021 101-1550-4310 Monthly charges 427.24 VERIZON WIRELESS 04/08/2021 101-1520-4310 Monthly charges 41.50 VERIZON WIRELESS 04/08/2021 101-1600-4310 Monthly charges 49.82 VERIZON WIRELESS 04/08/2021 101-1530-4310 Monthly charges 41.50 VERIZON WIRELESS 04/08/2021 700-0000-4310 Monthly charges 611.40 VERIZON WIRELESS 04/08/2021 701-0000-4310 Monthly charges 466.12 VERIZON WIRELESS 04/08/2021 720-0000-4310 Monthly charges 222.42 VERIZON WIRELESS 04/08/2021 101-1160-4310 Monthly charges 93.00 VERIZON WIRELESS 04/08/2021 101-1120-4310 Monthly charges 136.76 VERIZON WIRELESS 04/08/2021 101-1170-4310 Monthly charges -24.43 VERIZON WIRELESS 04/08/2021 101-1260-4310 Monthly charges 76.57 VERIZON WIRELESS 04/08/2021 101-1250-4310 Monthly charges 288.05 VERIZON WIRELESS 04/08/2021 101-1310-4310 Monthly charges 287.92 VERIZON WIRELESS 04/08/2021 101-1370-4310 Monthly charges 100.66 VERIZON WIRELESS 04/08/2021 101-1320-4310 Monthly charges 335.36 VERIZON WIRELESS 04/08/2021 101-1220-4310 Monthly charges 503.12 VERIZON WIRELESS 04/08/2021 101-0000-2033 Monthly charges 11.31 Accounts Payable - Check Detail-ACH (04/16/2021 - 12:10 PM)Page 4 of 5 Name Check Dat Account Description Amount VERIZON WIRELESS 04/08/2021 101-1110-4300 Monthly charges 40.01 VERIZON WIRELESS 04/08/2021 400-4126-4703 Monthly charges 2,992.36 VERIZON WIRELESS 6,915.84 WSB & ASSOCIATES INC 04/08/2021 720-0000-4300 2021 Water Resources Support Services 395.00 WSB & ASSOCIATES INC 04/08/2021 720-7025-4300 2021 Pond Maintenance Project 13,660.50 WSB & ASSOCIATES INC 14,055.50 WW GRAINGER INC 04/08/2021 700-7043-4120 smoke emitter 17.46 WW GRAINGER INC 04/08/2021 700-0000-4550 Nipples 203.94 WW GRAINGER INC 221.40 ZEE MEDICAL SERVICE 04/15/2021 101-1250-4140 Medical Supplies 58.80 ZEE MEDICAL SERVICE 04/15/2021 101-1310-4140 Medical Supplies 58.80 ZEE MEDICAL SERVICE 04/15/2021 101-1320-4140 Medical Supplies 176.40 ZEE MEDICAL SERVICE 04/15/2021 101-1550-4140 Medical Supplies 235.20 ZEE MEDICAL SERVICE 04/15/2021 700-0000-4140 Medical Supplies 823.20 ZEE MEDICAL SERVICE 1,352.40 86,948.22 Accounts Payable - Check Detail-ACH (04/16/2021 - 12:10 PM)Page 5 of 5 CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Resolution 2021­XX: Arbor Day Proclamation Section CONSENT AGENDA Item No: D.5. Prepared By Jill Sinclair, Environmental Resources Coordinator File No:  PROPOSED MOTION “The City Council adopts a resolution proclaiming Chanhassen Arbor Day as May 1, 2021 and the month of May as Arbor Month.” Approval requires a Simple Majority Vote of members present. BACKGROUND Chanhassen’s Arbor Day celebration will be encouraging citizens to acknowledge the day in their own way.  As a public health precaution, no community event is planned for this year, but the city will still be honoring the day by planting trees in Sugarbush Park.  Volunteers from the American Public Works Association and the City Parks Department will be installing the trees on May 6.  These new plantings will refresh the park and add future shade and beauty. DISCUSSION Due to ongoing Covid­19 precautions, the city will not be encouraging a gathering for tree planting but does still encourage residents to plant trees in their own yards.  To facilitate this, the city will be posting a tree planting video on the city’s website.  A properly planted tree can add beauty to any yard and increase a home’s value.  Increasing tree cover throughout the city and in every neighborhood adds benefits to our community such as reduced temperatures in the summer, more buffering from winter winds, added stormwater interception and uptake, increased mental and physical health and cleaner air.  Planting trees is a simple action with multiple positive results. RECOMMENDATION Staff recommends that the City Council adopt the attached resolution proclaiming Chanhassen Arbor Day as May 1, 2021 and May as Arbor Month in Chanhassen. ATTACHMENTS: Resolution CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 26, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: RESOLUTION PROCLAIMING MAY 1 AS ARBOR DAY WHEREAS: Climate change is a complex problem that impacts all Minnesotans and our ability to thrive, and WHEREAS: The health and longevity of Minnesota’s trees are being affected by changing temperatures and precipitation, more extreme weather events, and increasing pressure from pests, diseases, and invasive species, and WHEREAS: Minnesota is at risk to lose over one billion ash trees due to emerald ash borer, potentially increasing C02 emissions and flooding, and WHEREAS: A healthy tree canopy decreases temperatures along streets providing cooler spaces in the summertime for recreation and commerce, and WHEREAS: About three-quarters of Minnesotans get their drinking water from the forested parts of the state; and WHEREAS: Shade from trees protects people from exposure to the sun’s UV rays and diminishes heat-related illness, and WHEREAS: Trees reduce stormwater runoff and act as a filter, preventing sediments and pollutants from washing into waterways, and WHEREAS: Trees capture carbon from the atmosphere and store it in their trunks, roots, and soil, and WHEREAS: Minnesotans can help build resilient communities and reduce the negative impacts of climate change One Tree at a Time by planting and caring for trees and by using wood products to store carbon into the future. NOW THEREFORE, I, Elise Ryan, Mayor of Chanhassen, do hereby proclaim Saturday, May 1, 2021 as ARBOR DAY, and the month of May 2021 as ARBOR MONTH in Chanhassen. Passed and adopted by the Chanhassen City Council this 26th day of April, 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Approve Fireworks Display at Lake Ann Park, July 4, 2021 Section CONSENT AGENDA Item No: D.6. Prepared By Don Nutter, Fire Marshal File No:  PROPOSED MOTION "The City Council approves the permit for Pyrotechnic Display, Inc. for a pyrotechnic display for the City of Chanhassen's 4th of July Celebration at Lake Ann Park on July 4, 2021." Approval requires a Simple Majority Vote of members present. BACKGROUND Firework displays require a special permitting process and can only be delivered by licensed contractors under supervision of the Fire Chief and Fire marshal. Pyrotechnic Display, Inc. has been the selected contractor for many years and is listed on the approved contractor list for the Minnesota State Fire Marshal's Office.  The Fire Chief/Fire Marshal will inspect the launch site and verify credentials prior to the event. RECOMMENDATION Staff recommends the approval of the permit and contractor.  ATTACHMENTS: 2021 Permit Application CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Approve Purchase of SeeClickFix Request and Work Management Software Section CONSENT AGENDA Item No: D.7. Prepared By Rick Rice, IT Manager File No:  PROPOSED MOTION The City Council approves the purchase of a three­year SeeClickFix Citizen Requests and Work Management Software and Services Contract with a total cost of $41,663.52. Approval requires a Simple Majority Vote of members present. BACKGROUND The City purchased Cartegraph OMS asset management software in 2017 for the automation of its storm water, water, sewer and fleet assets maintenance. It has since been expanded to include other assets such as city­owned parks and facilities. Cartegraph partnered with SeeClickFix to provide an integrated public portal for citizens' engagement with their product. The proposed purchase of the SeeClickFix application adds the ability for citizens to make requests for service on city assets or services from a web browser or mobile app and receive real time updates as these requests are processed by city staff. In addition, SeeClickFix is now owned by CivicPlus, which also hosts the City website services. The SeeClickFix service will be replacing the existing CivicPlus Request Tracker application as it adds significant feature enhancements. RECOMMENDATION Staff recommends that the City Council approve the purchase of the three­year SeeClickFix Software and Services agreement from Cartegraph for the amount of $41,663.52.  Approval of this agreement requires a simple majority vote of the council. ATTACHMENTS: Cartegraph Quote SHI Quote City of Chanhassen / 4/19/2021 City of Chanhassen Cartegraph Solutions Purchase Agreement PA#: PA-3061 Date Prepared: 4/19/2021 Date of Expiration: 6/10/2021 For any questions or assistance, please contact: Ryan Lucia Account Manager Phone: 563-557-3374 Mobile: +1 5866510059 Email: ryanlucia@cartegraph.com Cartegraph Systems LLC 3600 Digital Dr Dubuque, IA 52003-8962 http://www.cartegraph.com Toll Free: (800) 688-2656 Phone: (563) 556-8120 Fax: (563) 556-8149 Page 1 of 21 City of Chanhassen / 4/19/2021 Purchase Agreement Cartegraph Systems LLC is pleased to present this Purchase Agreement for the implementation of world class technology solutions. This Purchase Agreement is made and entered into between City of Chanhassen (hereinafter referred to as "City of Chanhassen", or "Customer") and Cartegraph Systems LLC (hereinafter referred to as Cartegraph). In the case that any terms or conditions provided in the Cartegraph Solutions Agreement differ from, are provided in more detail by, or are made irrelevant by the terms and conditions provided in this Purchase Agreement, the terms in this Purchase Agreement shall control. For all terms and conditions not addressed by this Purchase Agreement, the Cartegraph Solutions Agreement shall control. CUSTOMER ADDRESS:LICENSEE ADDRESS: City of Chanhassen PO Box 147 Chanhassen, MN 55317 City of Chanhassen PO Box 147 Chanhassen, MN 55317 The following Addendums are attached to the Purchase Agreement and are incorporated by reference: ADDENDUM A - SOLUTIONS SUPPORT ADDENDUM B - Scope of Work ADDENDUM C - SOLUTIONS AGREEMENT ADDENDUM D - Not Used ADDENDUM E - Not Used ADDENDUM F - Addenddum to Cartegraph Solutions Agreement Page 2 of 21 City of Chanhassen / 4/19/2021 Investment Summary The following section describes Purchase Agreement line items for Customer's Solution. Based on the core needs that have been identified and understanding the organization's budgeting and funding cycle, Cartegraph is providing the following Solution configuration. Term 1 - 3/31/2021 - 12/30/2021 - Subscription No.Product Code Quantity Price 1 SCF City 20,000 - 29,999 (includes 20 SCF users)SCC002 1 USD 9,600.00 Term 1 - 3/31/2021 - 12/30/2021 - Subscription TOTAL:USD 9,600.00 Term 1 - 3/31/2021 - 3/30/2022 - Services No.Product Code Quantity Price 1 Implementation Services CGPFSV 1.00 USD 5,300.00 Term 1 - 3/31/2021 - 3/30/2022 - Services TOTAL:USD 5,300.00 Term 2 - 12/31/2021 - 12/30/2022 - Subscription No.Product Code Quantity Price 1 SCF City 20,000 - 29,999 (includes 20 SCF users)SCC002 1 USD 13,184.00 Term 2 - 12/31/2021 - 12/30/2022 - Subscription TOTAL:USD 13,184.00 Term 3 - 12/31/2022 - 12/30/2023 - Subscription No.Product Code Quantity Price 1 SCF City 20,000 - 29,999 (includes 20 SCF users)SCC002 1 USD 13,579.52 Term 3 - 12/31/2022 - 12/30/2023 - Subscription TOTAL:USD 13,579.52   Summary By Term - Includes Services & Subscriptions _____________________________________________________________________________________________________________________________ Total Term 1 USD 14,900.00 Total Term 2 USD 13,184.00 Total Term 3 USD 13,579.52 Page 3 of 21 City of Chanhassen / 4/19/2021 Investment Notes:   •All pricing presented in this document is valid through the date of expiration. Any pricing concessions made are only applicable to this transaction and should not be assumed for future purchases. •Purchasing the products presented in this document through any alternative procurement method other than that identified will require a revised price proposal which may include an associated price adjustment. •Any applicable taxes are not included. •Pricing does not include any applicable Esri ArcGIS licenses. •All pricing is in U.S. Dollars ($USD). •Pricing is valid through 6/10/2021 Page 4 of 21 City of Chanhassen / 4/19/2021 Payment Terms and Conditions In consideration for the Solutions provided by Cartegraph to Customer, Customer agrees to pay Cartegraph the Fees in U.S. Dollars as described below: DELIVERY Upon execution of this Purchase Agreement, Cartegraph will provide the Solution Subscriptions and/or Services as detailed in the Investment Summary.   SOLUTION SERVICES SCHEDULING Solution Services will be scheduled and delivered upon your acceptance of this Purchase Agreement, which will be considered your notification for Cartegraph to proceed. Customer agrees to work with Cartegraph to schedule Services in a timely manner. All undelivered Services shall expire 365 days from the signing of this Purchase Agreement unless indicated differently in the Investment Notes.   SOLUTION SUBSCRIPTION INVOICING Customer shall be provided with the ability to access and use the Solution Subscriptions upon execution of this Purchase Agreement. The payment for the initial term is due upon execution of the Purchase Agreement. Payment for any subsequent renewal terms will be due in annual installments 15 days prior to the anniversary of the initial term in the amount(s) that follow: • Term 1: $9,600.00 • Term 2: $13,184.00 • Term 3: $13,579.52 SOLUTION SERVICES INVOICING Invoicing for the Solutions Services shall occur upon the acceptance of this Purchase Agreement and be invoiced as follows:   •Invoicing shall occur upon the execution of this Agreement. PAYMENT TERMS •All payments are due Net 30 days from start date of invoice. •All payments are to be in U.S. Dollars.   Page 5 of 21 City of Chanhassen / 4/19/2021 Acceptance BY SIGNING BELOW, THE PARTIES AGREE THAT ALL USE AND ACCESS TO THE SOLUTIONS DESCRIBED IN THIS PURCHASE AGREEMENT SHALL BE GOVERNED BY THE CARTEGRAPH SOLUTIONS AGREEMENT. THE PARTIES AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PURCHASE AGREEMENT, THE CARTEGRAPH SOLUTIONS AGREEMENT, AND ALL OTHER AGREEMENTS AND ADDENDUMS SPECIFICALLY REFERENCED HEREIN.     Cartegraph Systems LLC:     By:     (Signature)       (Type or Print Name)    Title:       Date:           City of Chanhassen:       By:     (Signature)       (Type or Print Name)    Title:       Date:     Page 6 of 21 City of Chanhassen / 4/19/2021 ADDENDUM A Solutions Support TECHNICAL SUPPORT 1.Campus – www.cartegraph.com/campus Our User Assistance area is a convenient and easily shareable resource designed to help you and your co-workers better understand the functions and capabilities of your Cartegraph Solutions. Instantly access user tips, step-by- step guides, videos, and more. 2.Dedicated, Unlimited, Toll-free Phone Support - 877.647.3050 and Live Chat When questions need answers and difficulties arise, count on our industry- leading Support team to provide the guidance and assistance you need. Live Chat is available within the product or through Campus. Reach us as often as you need Monday-Friday, 7:00 am-7:00 pm CT. 3.Secure, Live Remote Support If your challenge requires a more hands-on approach, we have the remote suppor t tools to fix it. Let one of our Support Team members directly interact with your system to find a fast, effective solution. TRAINING & EDUCATION SUPPORT 1.Convenient Online Resources All the information you need, one click away. Take advantage of online training opportunities, tutorial videos, upcoming event information, and more. 2.Customer Led User Groups Meet and network with similar Cartegraph users in your region. Customer led User Groups allow you to find out what other organizations are doing to get more from their Cartegraph solutions and services. RELEASES & UPGRADES 1.New Releases Be the first to know about all new Cartegraph releases, enhancements, and upgrades. Cartegraph is continuously innovating and enhancing the Cartegraph OMS collection of products and as a customer with an active subscription, you will receive each new release of the software. 1.Your cloud-hosted site will be automatically upgraded by our System Consultants after the release is available. This way, you'll experience increased system performance while gaining timely access to the latest features and functionality. 2.For your on-Premises Installation, our Technical Consultants will work with your organization's IT staff to receive the latest software release in a timely manner. This way, you'll experience increased system performance while gaining prompt access to the latest features and functionality 2.Service Packs A Service Pack consists of lower-severity bug fixes and/or small platform updates. 1.If required, cloud-hosted sites will receive Service Packs as needed. These Service Packs are installed by the Cartegraph System Consultants. 2.On-premises customers that contacted Cartegraph Technical Suppor t about an issue that is resolved with the Service Pack, will be provided the service pack for installation. These on- premises customers can then schedule a time to install the Service Pack with our Technical Suppor t team 3.Hot Fixes Page 7 of 21 City of Chanhassen / 4/19/2021 If an issue is determined to be a defect and falls outside the standard release cycle, Cartegraph will issue a hot fix and provide application specialists with detailed levels of product knowledge to work with you in achieving a timely and effective resolution. Cartegraph will provide the Suppor t Services only to Customer, provided that Cartegraph reserves the right to contact any third party as necessary to facilitate the delivery of Support Services or other services relating to the Solutions. Said support applies only to the most current version of the product and the previous version in succession. All Support Services are dependent upon the use by Customer of the Solutions in accordance with Cartegraph's documentation and specifications. Cartegraph is under no obligation to modify the Solutions so that the modified Solutions would depar t from Cartegraph's published documentation and specifications for such Solutions. Page 8 of 21 City of Chanhassen / 4/19/2021 ADDENDUM C Solutions Agreement This Cartegraph Solutions Agreement ("Agreement") is a contract between Cartegraph Systems LLC, a Delaware corporation, having its principal place of business at 3600 Digital Drive, Dubuque, Iowa 52003 ("Car tegraph") and you, or if you represent an entity or other organization, that entity or organization, (in either case, the "Customer"). Cartegraph and Customer may be referred to in this Agreement collectively as the "par ties" or individually as a "party." Cartegraph provides certain hosted operations management and asset management solutions (the "Cartegraph Solutions" or "Solutions"). Customer desires to purchase a subscription to access and use certain of the Cartegraph Solutions for Customer's own internal use and operations. This Agreement sets forth the terms and conditions under which Cartegraph will agree to provide Customer with a subscription to access and use those Solutions specified in written Purchase Agreements referencing this Agreement entered into by Cartegraph and Customer (each, a "Purchase Agreement") and perform those services specified in each Purchase Agreement (the services provided by Cartegraph under this Agreement, including the services made available through the Solutions, the "Services"). All access to and use of the Solutions and the performance of all Services are subject to the terms of this Agreement. This Agreement includes any Purchase Agreement entered into by the parties referencing this Agreement and any written Addendum attached to a Purchase Agreement, including descriptions of any Solutions or Services (each, an "Addendum"), all of which are hereby incorporated into and made a par t of this Agreement. Unless you later enter into any other Agreement with Cartegraph regarding the Solutions and Services, this Agreement is the complete and exclusive statement of the agreement between the parties and supersedes any proposal or prior agreement, oral or written, and any other communications between the parties, in relation to the subject matter of this Agreement. Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English (US) meaning. PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, THROUGH THE EXECUTION OF A PURCHASE AGREEMENT THAT REFERENCES THIS AGREEMENT, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT OR ANY PURCHASE AGREEMENT, Cartegraph IS NOT WILLING TO PROVIDE YOU, AS CUSTOMER, WITH ACCESS TO OR USE OF Cartegraph SOLUTIONS OR SERVICES, AND YOU MUST NOT ACCESS OR USE Cartegraph SOLUTIONS OR SERVICES. IF YOU ACCESS OR USE Cartegraph SOLUTIONS OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND ANY PURCHASE AGREEMENT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. 1. TERM. The term of this Agreement shall begin upon the execution of an initial Purchase Agreement under this Agreement and, unless earlier terminated as permitted herein, shall continue for the period of time specified in that Purchase Agreement ("Initial Term"). The execution of any subsequently added Purchase Agreement under this Agreement shall not extend the Initial Term unless otherwise expressly stated in that Purchase Agreement. Unless otherwise stated in an applicable Purchase Agreement under this Agreement, the Initial Term of this Agreement shall automatically renew for successive additional 1 year renewal periods (each, a "Renewal Term") unless either party Page 9 of 21 City of Chanhassen / 4/19/2021 provides the other party with written notice of its intent not to renew this Agreement at least 60 days before the end of the Initial Term or any such Renewal Term. 2. SOLUTIONS. 2.1 FUNCTIONALITY. The Solutions will include the functionality described in the applicable Purchase Agreement or Addendum for each Solution. Car tegraph may from time to time update, change, or revise the functionality of the Solutions, provided the functionality of the Solutions is not materially decreased from that described in the applicable Purchase Agreement or Addendum to a Purchase Agreement. 2.2 SUBSCRIPTION. Subject to the terms and conditions of this Agreement, during the term of this Agreement Cartegraph will provide Customer with a non-exclusive, non-transferable, and non-sublicensable subscription to allow employees and independent contractors of Customer ("Users") to access and use the Solutions, solely for purposes of Customer's own internal use and operations. If Customer has purchased a per-user subscription, as indicated in the applicable Purchase Agreement, only the finite number of subscriptions indicated in each applicable Purchase Agreement have been purchased by Customer and only that finite number of Users may access and use the Solutions at any given time. If Customer has purchased an unlimited subscription, as indicated in the applicable Purchase Agreement, all Users associated with Customer are permitted to access and use the Solutions at any given time. In either case, the subscription applies only to the Users and does not allow access to or use of the Solutions by any affiliated entities or organizations, or any other entity unless approved in advance by Cartegraph in writing. 2.3 ACCESS. Customer may access the Solutions solely through the account established for Customer (an "Account"). Customer will be permitted to establish user identifications and passwords through which individual Users may access the Solutions through Customer's Account ("User IDs"). Each User ID is issued to a specific User and may be used only by that User. Customer will ensure that all information about each User provided to Cartegraph in connection with establishing each User ID is accurate and complete and will maintain that information as accurate and complete throughout the term of this Agreement. Customer is and will remain solely responsible for all use of the Solutions by any User and for compliance by each User with the applicable terms of this Agreement. If Customer authorizes an independent contractor or consultant as a User, in addition to being responsible for such independent contractor's or consultant's actions as a User, Customer shall also require such independent contractor or consultant to agree to terms at least as protective of the Solutions as those contained in this Agreement prior to being granted access to the Solutions. Customer will ensure the security and confidentiality of each User ID and will use commercially reasonable efforts to prevent unauthorized access to or use of the Solutions. Customer will notify Cartegraph promptly of any such unauthorized access or use of the Solutions or if any User ID is lost, stolen, or otherwise compromised. Customer acknowledges that Customer is and will remain fully responsible for all costs, fees, liabilities, or damages incurred through any access to or use of the Solutions through Customer's Account or by any User (whether lawful or unlawful) and that any Services used or transactions facilitated through Customer's Account or under any User ID will be deemed to have been completed by Customer. In no event will Cartegraph be liable for the foregoing obligations or any failure by Customer to fulfill such obligations. 2.4 RESTRICTIONS. The Solutions, the software, hardware, databases, and other technology used by or on behalf of Cartegraph to provide the Solutions (the "Cartegraph Technology"), and their structure, organization, and underlying data, Page 10 of 21 City of Chanhassen / 4/19/2021 information, and source code, constitute valuable trade secrets of Cartegraph and its licensors. As a condition to the use of and access to the Solutions, Customer will not, and will not permit any User or other third par ty to: (a) access or use the Solutions except as expressly permitted by this Agreement; (b) access or use the Cartegraph Technology directly, except through the Solutions as expressly provided in this Agreement; (c) use the Solutions in any unlawful or illegal manner or in any other manner that could damage, disable, overburden or impair the Cartegraph Technology; (d) use automated scripts to collect information from or otherwise interact with the Cartegraph Technology; (e) alter, modify, reproduce, create derivative works of the Cartegraph Technology; (f) distribute, sell, resell, lend, loan, lease, license, sublicense, transfer, or otherwise make available the Solutions or any of Customer's rights to access or use the Solutions or any Service to any third party; (g) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Cartegraph Technology; (h) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Cartegraph Technology; (i) use the Cartegraph Technology for purposes of monitoring their availability, performance or functionality, or for any other benchmarking, business intelligence, data mining, or competitive purposes; or (j) interfere in any manner with the operation or hosting of the Cartegraph Technology. 2.5 THIRD PARTY OFFERINGS. Customer agrees and acknowledges that certain portions of the Solutions may be provided by third party providers (“Third Party Offerings”). Customer’s access to and use of any Third Party Offering is also subject to any other agreement separate from this Agreement that Customer may enter into (or may have entered into) relating to those Third Party Offerings (“Third Party Terms”). In addition to the terms of this Agreement, access to and use of each Third-Party Offerings is also subject to the terms and conditions of any Third-Party Terms applicable to that Third Party Offering. Except as set forth in this Agreement, any applicable Third-Par ty Terms will control in the event of a conflict between the terms of this Agreement and those Third-Party Terms. Except as expressly set forth in any Third-Party Terms, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Third Party Offerings. 3. SERVICES. If Customer enters into a Purchase Agreement, including any applicable Addendum specifying any of the following Services, Cartegraph will use commercially reasonable efforts to provide those Services to Customer during the term of this Agreement. All such Services are provided subject to the terms and conditions of this Agreement. Cartegraph has no obligation to provide any of the following Services unless specified in a Purchase Agreement or Addendum to this Agreement. 3.1 ON-SITE INSTALLATION SERVICES. Cartegraph will provide Customer with deployment and installation Services for the Solutions if indicated in a Purchase Agreement ("On-Site Installation Services"). On-Site Installation Services will be subject to scheduling in cooperation with Customer. Customer will provide all equipment and hardware stated in such Purchase Agreement, and any additional equipment and hardware reasonably necessary for the operation of the Solutions. Customer shall be responsible for maintaining the equipment and hardware, which shall include providing sufficient resources (e.g., electricity, HVAC, or other resources) necessary for the equipment and hardware to properly operate. Cartegraph's warranties and indemnification obligations contained in this Agreement shall be limited to the extent that such obligation arises from Customer's equipment and hardware. Customer shall coordinate with Cartegraph to provide Cartegraph with the level of access to the equipment and hardware to perform On-Site Installation Services and any other Services as specified in a Purchase Agreement. If no level of access is specified in a Purchase Agreement, then all access by Cartegraph to the equipment and hardware shall be remote access. Unless otherwise specified in a Purchase Agreement, Cartegraph shall have no obligation to perform the On-Site Installation Services, or any other Services, on Customer's premises. If Cartegraph determines that it is necessary Page 11 of 21 City of Chanhassen / 4/19/2021 to perform any Services on Customer's premises, Cartegraph shall first receive approval from Customer prior to performing such Services on Customer's premises. Cartegraph shall have no responsibility to Customer for any liability to the extent that such liability arises from Customer's failure to provide Cartegraph sufficient or timely access to the equipment or hardware. Customer understands that Customer does not receive any rights to the Cartegraph Technology separate and apart from Customer's right to access the Solutions installed on- site by Cartegraph as described in this Agreement. If Customer requires additional rights to access the Solutions, Customer shall obtain Cartegraph's prior written consent. Upon termination or expiration of this Agreement, Customer will immediately either return to Cartegraph or, at Cartegraph's discretion, destroy any Cartegraph Technology then in Customer's possession or control and certify in writing signed by an officer of Customer that it has fully complied with the foregoing obligations. 3.2 SUPPORT SERVICES. Cartegraph will provide Customer with suppor t Services for the Solutions as specified in Addendum A if such Addendum is attached to a Purchase Agreement ("Support Services"). 3.3 ON-SITE INSTALLATION SERVICES. Cartegraph will provide Customer with the field implementation Services for the Solutions as specified in Addendum B if such Addendum is attached to a Purchase Agreement ("Field Services"). Field Services will be subject to scheduling in cooperation with Customer. 3.4 DATA SERVICES. Cartegraph will provide Customer with the data collection Services for the Solutions as specified in Addendum C if such Addendum is attached to a Purchase Agreement ("Data Services"). Data Services will be subject to scheduling in cooperation with Customer. 3.5 PROFESSIONAL SERVICES. Cartegraph will perform any additional professional Services relating to the Solutions ("Professional Services") if specified in any written statement of work mutually agreed to by both parties under this Agreement. Cartegraph will perform all Professional Services at the rates for those Professional Services set forth in each applicable statement of work, or, if no rates are set forth in an applicable statement of work, at Cartegraph's then-current rates for those Professional Services. Professional Services shall be performed during the working hours stated in the statement of work applicable to those Professional Services, or, if no working hours are stated, the Professional Services will be provided during the hours of 7:00 a.m. to 7:00 p.m., Central Standard or Central Daylight Time, whichever is applicable, Monday through Friday excluding holidays. 4. SOFTWARE. Cartegraph may provide Customer with software in connection with the Solutions ("Software"). Unless any Software provided by Cartegraph in connection with the Solutions is subject to a license or other agreement separate from this Agreement that Customer has entered into (or may enter into) with Cartegraph (a "Software License Agreement"), Cartegraph grants Customer a limited, non-exclusive, non-transferrable, non-assignable, license solely to install and execute the Software in accordance with the instructions provided by Cartegraph for Customer's own internal use and operations in connection with Customer's access to and use of the Solutions. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), Customer is granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software, and Customer may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, transfer, sell, Page 12 of 21 City of Chanhassen / 4/19/2021 distribute, or in any way exploit any Software without the prior written permission of Cartegraph. Except as set forth in this Agreement, the terms of any Software License Agreement will control in the event of a conflict between the terms of this Agreement and that Software License Agreement. Customer agrees that use of the Software is limited as described in the Purchase Agreement, as either: (1) Browser Based User – Each browser based User is defined by User ID; or For Server Software – One copy of Software for each server. Customer agrees that Car tegraph may audit Customer's Software usage remotely or on-site upon reasonable notice and during standard business hours. Prevention of audit by Customer may be grounds for termination of this Agreement. Car tegraph and its licensors will not be responsible to Customer for loss of use of any Software or for any other liabilities arising from alterations, additions, adjustments, or repairs which are made to any Software by Customer or other third parties. Cartegraph reserves the right to terminate the licenses granted to any Software or any Services provided in connection with that Software upon written notice to Customer if any such alteration, addition, adjustment, or repair adversely affects Cartegraph's ability to render Services. 5. FEES AND PAYMENT. 5.1 FEES. Customer agrees to pay Cartegraph all fees specified in any Purchase Agreement and as otherwise specified in this Agreement ("Fees"). 5.2 PAYMENT. All Fees will be invoiced in advance in accordance with the terms applicable to such Fees. If no terms for an applicable Fee are set forth in the applicable Purchase Agreement, such Fees will be invoiced on a monthly basis following the end of the month in which they were incurred. All Fees as set forth on each invoice issued by Cartegraph under this Agreement will be due and payable by Customer in immediately available U.S. funds within 30 days of the date of invoice. If Customer has not made payment within 30 days of the date of invoice, Customer shall be in default. Customer's default will constitute sufficient cause for Cartegraph to suspend Customer's access to the Solutions or any Services upon notice to Customer. All Fees will be non-refundable once paid to Cartegraph (including upon any termination or suspension of this Agreement). Until paid in full, all past due amounts will bear an additional charge of the lesser of 1½% per month or the maximum amount permitted under applicable law. If Cartegraph requires use of collection agencies, attorneys, or courts of law for collection on Customer's account, Customer will be responsible for those expenses. Customer will be responsible for all use, sales, and other taxes imposed on the Services provided under this Agreement. 5.3 TAXES. The Fees do not include any local, state, provincial, federal or foreign taxes, levies, assessments, duties, or other governmental charges of any kind or nature, including, without limitation, any value-added tax (VAT), stamp or other similar tax, social security (or local equivalent), state or regional tax, or income or other federal tax ("Taxes"). Customer is responsible for paying all Taxes that may be imposed by way of the performance of either party under this Agreement, excluding only Taxes based on Cartegraph's net income. If Cartegraph is found or deemed to have a legal obligation to pay or collect any Taxes for which Customer is responsible under this Agreement, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Cartegraph with a valid tax exemption certificate authorized by the appropriate taxing authority. 5.4 FEE INCREASES. Cartegraph may increase the Fees applicable to Customer to the then-current prices for the next Renewal Term by providing notice of such increase at least 60 days before the beginning of such Renewal Term. If after receiving Page 13 of 21 City of Chanhassen / 4/19/2021 such notice Customer wishes not to renew the Agreement for the next Renewal Term, Customer must provide written notice to Cartegraph of Customer's intent not to renew this Agreement at least 60 days before the end of the Initial Term or any such Renewal Term. 5.5 EXPENSES. Customer shall reimburse Cartegraph for reasonable expenses incurred during the provision of Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. Estimated expenses shall be included in each Purchase Agreement. Cartegraph shall not exceed the estimated expenses without written approval from Customer. 6. TERMINATION. 6.1 TERMINATION FOR CAUSE. Cartegraph Either par ty may terminate this Agreement immediately upon notice to the other party if the other party: (a) materially breaches this Agreement and fails to remedy such breach within 30 days after receiving notice of the breach from the other party; (b) materially breaches this Agreement in a manner that cannot be remedied; or (c) commences bankruptcy or dissolution proceedings, has a receiver appointed for a substantial part of its assets, or ceases to operate in the ordinary course of business.  6.2 SERVICE DISCONTINUANCE. If Cartegraph at any time discontinues offering any Solutions or any Services to new customers, Car tegraph will give Customer reasonable advance notice of such discontinuation. Upon such date of discontinuation, Cartegraph will have the right to terminate this Agreement as to those Solutions or Services upon notice to Customer. As of the date of termination, Cartegraph will credit to Customer, on a pro-rated basis, any pre-paid Fees under this Agreement and Car tegraph shall have no further obligation to provide the Solutions or any Service under this Agreement.  6.3 SUSPENSION. Without limiting Cartegraph's right to terminate this Agreement, Cartegraph may suspend Customer's access to the Solutions or any Services upon notice to Customer following any breach of this Agreement if deemed reasonably necessary by Cartegraph to prevent any damage, injury, or harm to Car tegraph, the Cartegraph Technology, any other Cartegraph customer, or any third party.  6.4 EFFECT OF TERMINATION. All Purchase Agreements shall terminate immediately upon termination of this Agreement. Upon termination or expiration of this Agreement for any reason, and following any applicable Transition Period: (a) Cartegraph may cease providing access to all Solutions and Services under this Agreement; (b) all subscriptions and other rights and licenses granted to Customer under this Agreement will terminate; (c) Customer will immediately cease all use of and access to all Solutions and Services; (d) all Fees and other amounts then owed by Customer under this Agreement will become immediately due and payable to Cartegraph; (e) Customer will immediately either return to Cartegraph or, at Cartegraph's discretion, destroy any Car tegraph Data and Cartegraph Confidential Information (each as defined below) then in Customer's possession or control; and (f) Cartegraph will either return Page 14 of 21 City of Chanhassen / 4/19/2021 to Customer or, at Customer's discretion, destroy any Customer Data and Customer Confidential Information) then in Cartegraph's possession or control. The following Sections will survive termination or expiration of this Agreement for any reason: 5 (Fees and Payment), 6.4(Effect of Termination), 7 (Ownership), 10 (Disclaimer), 11 (Indemnification), 12 (Limitation on Liability), 14 (Confidentiality), 15 (Governing Law), 16 (Non-Solicitation), 17 (Force Majeure), 18 (Notice), and 19 (Additional Terms).  6.5 TRANSITION SERVICES. Except in the case of a termination under Section 6.1 by Cartegraph, at any time prior to the effective date of any termination or expiration of this Agreement, Customer may request that Cartegraph continue to provide Customer with any Services then provided under this Agreement for purposes of transitioning and migrating Customer off of the Solutions ("Transition Services"). Upon such request, the par ties will develop a mutually agreed to transition plan describing the Transition Services and each party's respective obligations in connection with the transition and migration of Customer off of the Solutions ("Transition Plan"). Cartegraph will provide the Transition Services for the period agreed to in the Transition Plan, such period not to exceed 180 days following termination or expiration of this Agreement (the "Transition Period"). Customer will compensate Cartegraph for all Transition Services at rates specified in the Transition Plan or, if no rates are agreed upon by the parties prior to the performance of the Transition Services, at Cartegraph's then current rates for the Services. All Transition Services will otherwise be subject to the terms of this Agreement.  7. OWNERSHIP. Cartegraph retains all right, title, and interest in and to the Solutions, Cartegraph Technology, Cartegraph Data, any additions, improvements, updates, new versions, or other modifications thereto created by either party, whether or not through the Services, alone, jointly, or with any third party, and all IPR (as defined below) therein and related thereto. Customer does not receive any ownership interest in or to any of the foregoing, and no right or license is granted to Customer to use any of the foregoing apart from Customer's right to access and use the Solutions under this Agreement. Customer will perform all acts reasonably necessary to assist Cartegraph in perfecting and defending Cartegraph's ownership interest in any of the foregoing. Without limiting the foregoing, Customer agrees to and does hereby make all assignments necessary to provide Cartegraph with the ownership rights set forth in this Section. All names and logos associated with the Solutions and other Services are trademarks of Cartegraph (or its third-par ty providers) and no right or license is granted to Customer to use them. Any rights not expressly granted to Customer hereunder are reserved by Cartegraph. Customer will not remove or alter any proprietary rights legend on the Solutions, Cartegraph Technology, or Cartegraph Data. For purposes of this Agreement, "IPR" means any and all intellectual property and other proprietary rights throughout the world, including, all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, rights in data and databases, and contract rights.  8. DATA. 8.1 CUSTOMER DATA. As between Customer and Cartegraph, Customer retains ownership of all data, information, and other content provided to Cartegraph or through the Solutions by or on behalf of Customer ("Customer Data"). Customer is responsible for all Customer Data, including the accuracy, quality, integrity, legality, reliability, and appropriateness thereof. Customer will obtain and maintain all authorizations, approvals, permissions, and other rights necessary for Cartegraph to use and process all Customer Data in the performance of the Services and any other obligations Page 15 of 21 City of Chanhassen / 4/19/2021 of Cartegraph under this Agreement. Customer will maintain an adequate back-up of all Customer Data and, except for any express obligations of Cartegraph to maintain back-up copies of Customer Data, Cartegraph will not be responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Customer Data.  8.2 Cartegraph DATA. As between Cartegraph and Customer, Cartegraph retains ownership of all data, information, and other content provided to Customer through the Solutions and the other Services, excluding any Customer Data ("Customer Data"). Subject to the terms of this Agreement, Customer may access the Cartegraph Data without modification solely for Customer's own internal business purposes in connection with Customer's use of and access to the Solutions. Cartegraph uses commercially reasonable measures to ensure the accuracy and reliability of all Cartegraph Data, but except as expressly provided herein Cartegraph will not be responsible for any erroneous data, information, or content provided through the Solutions. Except as expressly provided in this Agreement, Customer is granted no rights in or to the Cartegraph Data.  8.3 DATA SECURITY. Cartegraph shall establish and maintain during the term an information security policy providing for reasonable administrative, technical, physical safeguards and security measures designed to protect against the unintended or unauthorized destruction, loss, alteration, or access of any Customer Data in the possession or control of Cartegraph, which safeguards and measures are compliant with applicable federal, state, provincial, or local laws, rules, and regulations ("Laws"). Customer will establish and maintain during the term reasonable and appropriate administrative, technical, and physical safeguards and security measures designed to protect against the unintended or unauthorized destruction, loss, alteration, or access of any Cartegraph Data in the possession or control of Customer, which safeguards and measures are consistent with applicable Laws. Each party will promptly notify the other party of any data security breach or similar incident that has, or might have, compromised the privacy or security of any Customer Data or, in the case of Customer, any Cartegraph Data in the possession or control of such party. Each party will indemnify and hold harmless the other party from and against any damages or losses asserted against or incurred by the other party arising out of or related to a breach of a party's data security obligations.  8.4 DATA PRIVACY. Cartegraph may use and disclose data and information collected through the operation of the Solutions solely as described in this Agreement and in Cartegraph's then-current privacy policy applicable to the Solutions. Notwithstanding anything to the contrary in the privacy policy, Cartegraph will have the right to collect and analyze non-personal information (data or information that does not identify an entity or natural person as the source thereof) resulting from Customer's access to and use of the Solutions. To the extent any such non-personal information is collected or generated by Cartegraph, the data and information may be used by Cartegraph, or its permitted service providers, for any lawful business purpose, provided that the data and information is used only in an aggregated form, without directly identifying Customer, or any other User, as the source thereof.  9. REPRESENTATIONS AND WARRANTIES. Page 16 of 21 City of Chanhassen / 4/19/2021 9.1 GENERAL. Each party represents, warrants, and covenants to the other party that: (a) it has and will continue to have during the term hereof, all rights, power, and authority necessary to enter into this Agreement and perform all of its obligations under this Agreement; (b) the performance of its obligations under this Agreement does not and will not violate any Law applicable to such party’s performance, any rights of any third party, or any agreement by which such party is bound; and (c) it will procure all rights, certificates, licenses, permits, or other approvals required for its performance under this Agreement.  9.2 PERFORMANCE. Cartegraph During the term of this Agreement, Cartegraph represents and warrants to Customer that Cartegraph will use commercially reasonable efforts to maintain and verify that the Solutions operate in accordance with the applicable documentation for the Solutions provided to Customer by Cartegraph and in accordance with any other levels of performance specified in this Agreement or applicable Purchase Agreement. Cartegraph's sole obligation and Customer's sole and exclusive remedy in the event of any failure of the Solutions to comply with any such performance levels will be for Cartegraph to, at its option: (a) remedy the failure or re-perform the affected Services; or (b) refund Customer the portion of any Fees applicable to the por tion of the Solutions subject to the failure.  9.3 NON-INFRINGEMENT. Cartegraph represents and warrants to Customer that the use by Customer of the Solutions during the term and in accordance with this Agreement (the "Covered Services") will not infringe any third party U.S. patent or copyright or misappropriate any third party trade secret in existence under any Laws of any state within the U.S. As Car tegraph's sole obligation and Customer's sole and exclusive remedy for of any failure by Cartegraph to comply with the foregoing sentence, Cartegraph will defend Customer against any such failure as set forth in Section 11.2.  10. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOLUTIONS AND ALL SERVICES UNDER THIS AGREEMENT, AND ALL Cartegraph DATA PROVIDED THROUGH THE SOLUTIONS OR THOSE SERVICES, ARE PROVIDED TO CUSTOMER STRICTLY "AS IS" AND "AS AVAILABLE" AND Cartegraph AND ITS PROVIDERS EXPRESSLY DISCLAIM, AND CUSTOMER DISCLAIMS ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD THERETO OR TO ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AVAILABILITY OR ERROR-FREE OPERATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Cartegraph, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT.  11. INDEMNIFICATION. 11.1 GENERAL. Page 17 of 21 City of Chanhassen / 4/19/2021 Each par ty (the "Indemnifying Par ty") will defend the other party and its officers, directors, employees, and agents (its "Related Parties") from and against any claim, allegation or action (any "Action") brought against the other party or one of its Related Parties by a third party (other than by the other party itself or another of its Related Parties) to the extent relating to, resulting from, or arising out of the gross negligence or willful misconduct of the Indemnifying Party in the performance (or failure to perform) any of its obligations under this Agreement. The Indemnifying Party will further pay those losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys' fees and cour t costs) ("Losses") finally awarded against the other party or one of its Related Parties in any such Action or those Losses agreed to in a monetary settlement of such Action, as applicable.  11.2 NON-INFRINGEMENT. Cartegraph will defend Customer from and against any Action brought against Customer by a third party (other than a Customer Related Party) that the use by Customer of the Covered Services infringes any U.S. patent, or copyright or misappropriates any trade secret in existence under any Laws of any state within the U.S. Cartegraph will pay those Losses finally awarded against Customer in any such Action or those Losses agreed to in a monetary settlement of such Action, as applicable. If Customer is, or Cartegraph reasonably believes Customer may be, enjoined from using any Covered Service due to an Action covered by this Section, Cartegraph may procure the right for Customer to continue using the Covered Service, replace or modify the Covered Service so that it becomes non-infringing, or terminate this Agreement and provide Customer a refund of any pre-paid amounts applicable to the Covered Service (if any). Cartegraph will have no obligation under this Section or otherwise with respect to any Action or Losses in the case of: (a) any use of any Covered Service other than by Customer; (b) any use of any Covered Service not under and in accordance with this Agreement; (c) any use of any Covered Service in combination with products, equipment, services, processes, software, data or information not supplied by Cartegraph; or (d) any modification of or enhancement to any Covered Service other than by Cartegraph. This Section constitutes Cartegraph's sole and exclusive liability, and Customer's sole and exclusive remedy, for any infringement or misappropriation of IPR or any other rights relating to the solutions.  11.3 BY CUSTOMER. Customer will defend Cartegraph and its Related Parties from and against any Action brought against Cartegraph or one of its Related Parties by a third party (other than by Cartegraph or another Cartegraph Related Party) to the extent relating to, resulting from, or arising out of any: (a) any violation of any Law caused by the use of or access to the Solutions by Customer; or (b) any claim or allegation by a User or other third party relating to use of or access to the Solutions or any Services by Customer. Customer will only pay those Losses finally awarded against Cartegraph in any such Action or those Losses agreed to in a monetary settlement of such Action, as applicable.  11.4 CONDITIONS. All obligation of each party to defend or indemnify the other party or any Related Party under this Agreement are conditioned upon the party seeking defense or indemnification (the "Indemnified Par ty") providing the other party with: (a) prompt notice of any such claim for indemnification or defense after receiving notice thereof; (b) sole control over the defense and settlement of such claim, provided that any settlement that will require the other party to assume any liability other than the payment of monies will be subject to the other party's prior written consent; and (c) reasonable assistance in such defense or settlement (at the indemnifying or defending party's expense).   Page 18 of 21 City of Chanhassen / 4/19/2021 12. LIMITATION ON LIABILITY. IN NO EVENT WILL Cartegraph BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THIS AGREEMENT, INCLUDING THE USE OF OR ACCESS TO THE SOLUTIONS OR ANY SERVICES OR THE Cartegraph TECHNOLOGY (OR ANY Cartegraph DATA), EVEN IF Cartegraph HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF DATA, OPPORTUNITY, LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES. Cartegraph'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SOLUTIONS, AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO Cartegraph HEREUNDER IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING CAUSE TO SUCH LIABILITY. CUSTOMER AGREES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND ACKNOWLEDGE THAT Cartegraph WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, Cartegraph'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  13. INSURANCE. If Cartegraph will provide Services at Customer's location, Cartegraph will carry commercial general liability insurance with a limit of $1,000,000 per occurrence and a $2,000,000 aggregate limit, business auto liability insurance with a limit of $1,000,000 and workers compensation insurance with statutory coverage. 14. CONFIDENTIALITY. 14.1 PROTECTION. Each party (the "Receiving Party") may from time to time receive or otherwise obtain data or information regarding the business, finances, services, or technology of the other party (the “Disclosing Party”), including, without limitation, technical, advertising, marketing, sales, financial, pricing, employee, customer, and planning information, or any other information that by its very nature the Receiving Party should know is confidential ("Confidential Information"). The Receiving Par ty will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or permitted contractors of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party's duty hereunder. The Receiving Party will protect the Disclosing Par ty's Confidential Information in the same manner as the Receiving Party protects its own confidential information of a similar nature and with no less than reasonable care.  14.2 EXCEPTIONS. The Receiving Party's obligations with respect to any Confidential Information of the Disclosing Party will terminate if such information: (a) was already lawfully known to the Receiving Party as of the Effective Date; (b) is disclosed to the Receiving Party after the Effective Date by a third party who had the right to make such disclosure without any confidentiality restrictions; or (c) is, or through no fault of the Receiving Party becomes, generally available to the public. The Receiving Party may disclose the Confidential Information of the Disclosing Party if compelled Page 19 of 21 City of Chanhassen / 4/19/2021 or required to do so by a court of competent jurisdiction or other governmental entity having jurisdiction over the Receiving Party, provided that the Receiving Party provides the Disclosing Party with notice of such requirement and provides reasonable assistance to the Disclosing Party in any attempts to contest such disclosure or obtain a protective order or other applicable limitation with respect to such disclosure. In any event, the Receiving Party will be entitled to receive payment of its expenses and costs actually incurred in responding to such disclosure request and will disclose only such portion of any Confidential Information as it is legally compelled or required to disclose.  14.3 RETURN OF CONFIDENTIAL INFORMATION. The Receiving Party will return to the Disclosing Party or destroy all Confidential Information of the Disclosing Party in the Receiving Party's possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the request of the Disclosing Party or when such Confidential Information is no longer needed in connection with its performance under this Agreement, whichever comes first. At the Disclosing Party's request, the Receiving Party will cer tify in writing signed by an officer of the Receiving Party that it has fully complied with the foregoing obligations. 15. GOVERNING LAW. The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the state/province where the Customer has its principal place of business. Each party agrees that it will bring any action or proceeding arising from or relating to this Agreement exclusively in a federal or state/ provincial court in the state/province where the Customer has its principal place of business, and each party irrevocably submits to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such cour ts.  16. NON-SOLICITATION. During the term of this Agreement and for a period of 12 months thereafter, Customer will not, directly or indirectly, for itself or on behalf of or in conjunction with any other third party, solicit, induce, hire, contract with, or engage the employment of an employee of Car tegraph, unless Customer: (1) obtains the prior written consent of Cartegraph, as applicable; and (2) pays Cartegraph as applicable a fee to be mutually agreed upon. If Customer directly employs or contracts with an employee of Cartegraph without the prior written consent of Cartegraph, Customer shall pay as damages 2 times the then yearly salary of the employee in question. The parties acknowledge and agree that the foregoing is not intended as a penalty of any kind but as reasonable and adequate compensation to Cartegraph in the event Customer should directly employ or contract with an employee of Cartegraph without the prior written consent of Car tegraph.  17. FORCE MAJEURE. Neither party will be held responsible for failure or delay in the performance of any obligation under this Agreement, with the exception of the obligation to pay Fees, if such failure or delay is due to acts of God, war, terrorism, strikes, boycotts, labor disputes, fire or other loss of facilities, accident or any other cause beyond its control (each, a "Force Majeure"). If the performance of any obligation under this Agreement by either par ty is prevented, restricted or interfered with by reason of a Force Majeure event, the party whose performance is so affected, upon giving prompt notice to the other party, will be excused from such performance to the extent of such Force Majeure Page 20 of 21 City of Chanhassen / 4/19/2021 event, provided that the party so affected will take all reasonable steps to avoid or remove such causes of non- performance and will continue performance hereunder with dispatch whenever such causes are removed.  18. NOTICE. All notices, reports, consents, authorizations and approvals to be given by a party hereunder will be in writing and will either be via: (1) hand-delivery; (2) reputable overnight mail service; (3) facsimile transmission, provided that an original copy of a transmission will be delivered by some other means permitted under this Agreement; or (4) certified mail, return receipt requested, to the other party at its respective addresses set for th above. All notices will be effective upon receipt (or when delivery is refused), or 3 business days after being deposited in the mail as required above, whichever occurs sooner. Either party may change its address for notice by giving notice of the new address to the other party.  19. ADDITIONAL TERMS. Unless otherwise amended as provided herein, this Agreement will exclusively govern Customer's access to and use of the Solutions and all Services and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties. Except as expressly set forth in this Agreement, this Agreement may be modified or amended only in writing signed by both par ties. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Neither this Agreement nor any rights or obligations of Customer hereunder may be assigned without the prior written approval of Car tegraph. Any assignment in violation of the foregoing will be null and void. Cartegraph may assign this Agreement to any par ty that assumes Cartegraph's obligations hereunder, including by sale, merger, consolidation, or operation of law or otherwise. Cartegraph may subcontract its obligations under this Agreement, provided that Cartegraph remains responsible for compliance with the applicable terms of this Agreement as to those obligations. The words "include," "includes" and "including" means "include," "includes" or "including," in each case, "without limitation." All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The preprinted terms of a purchase order or any other similar document will not apply to or modify this Agreement. The parties hereto are independent parties, not agents, employees, or employers of the other or joint venturers', and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. In the event of any litigation or other proceeding between the parties relating to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and other reasonable costs incurred in connection therewith and in pursuing collection, appeals, and other relief to which that party may be entitled. Customer gives Cartegraph permission to use Customer's name or logo for public press releases and customer stories. Cartegraph provides the Solutions, including related software and technology, for federal government end use as a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Solutions are provided to the Customer with only those restricted rights as provided under the terms and conditions of this Agreement. If a government agency has a need for rights not conveyed under these terms, it must negotiate with Cartegraph to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.   Page 21 of 21 Addendum B Addendum B – Scope of Work (Fee for Service) Cartegraph Solutions Services– Scope of Work • The Field Services listed in the Investment Summary of the Purchase Agreement are specific Cartegraph Services which will be delivered to the Customer based on the descriptions below and on the terms and conditions and subject to the limitations set forth in this Addendum B, the applicable Purchase Agreement, and the Cartegraph Solutions Agreement. Cartegraph will coordinate with the Customer on service delivery expectations and timeframes. Cartegraph – Implementation Scope of Work Scope of Work includes the following professional services: • Cartegraph will provide remote train-the-trainer training, up to eight (8) hours, on SeeClickFix Request functionality. Training topics include: o Administrator functions o Web-Based CRM o Cartegraph and SeeClickFix recommended best practices for citizen engagement and request management In addition to training, Cartegraph will provide supporting services related to mobile app configuration and citizen engagement marketing materials. Cartegraph will provide all services remotely via audio, video, and web conferences unless otherwise noted. Exclusions The following service items are not included in the scope of this project: • Implementation of any custom modification or integration developed by Cartegraph, your internal staff, or any third-party is not included in the scope of this project unless specifically listed above. • Data conversion services from other software system(s) or sources (including Cartegraph Navigator databases) are not included in the scope of this project unless specifically listed above. • Any service items discussed during demonstrations, conference calls, or other events are not included in the scope of this project unless specifically listed above. Customer/Cartegraph Responsibilities Project representatives from Customer and Cartegraph accepts responsibility for all aspects of project planning, management, and execution not specifically identified as the responsibility of Cartegraph in the Agreement or in the Purchase Agreement. Ongoing management of the day-to-day allocation of Customer and Cartegraph resources and management of project tasks is the responsibility of the Customer and Cartegraph project representatives. Customer and Cartegraph project representatives will provide over all guidance and direction for the project and will direct the project accordingly. Further, and with regard to the Cartegraph obligations listed in this Purchase Agreement, Customer understands that it is vital to the success of the project that Customer provides assistance in the following matters: Addendum B 1. For those services listed under Field Services, Cartegraph personnel will conduct information gathering and evaluation sessions with various Customer Users and management. While Cartegraph respects the time and workload of Customer staff, dedicated time on the part of the appropriate Customer resources is necessary to complete these exercises. 2. The installation process requires the assistance of Customer personnel and suitable access to hardware and systems (e.g., security clearance). Customer is required to supervise the installation process while systems are accessible to Cartegraph. All hardware and software, for both personal computers and servers, is expected to be available, installed, and operating as specified in Cartegraph’s system requirements documentation such that delivery and execution of Cartegraph Field Services will not be impeded. 3. Customer and Cartegraph understand that the successful performance of Field Services depends upon Customer fulfilling its responsibilities. The Project assumes that Customer will provide all personnel required to achieve a successful implementation, including a dedicated project manager responsible for reviewing the implementation scope of work, ensuring all attended meetings are attended by invited staff, and providing leadership and insight on all relevant internal issues such as policy/procedure, organizational structure, project stakeholders, technical architecture, data, and current systems. Customer responsibility also includes internal documentation, intern al change management, task completion, staff coordination and schedule commitment. 4. Customer will provide Internet access and IT staff support as required. For those services that are web -based, Cartegraph utilizes WebEx Meeting (or similar) technology. 5. Customer shall ensure that their workstation platform and database meet Cartegraph system requirements as specified in the Cartegraph System Requirements documentation. Solutions will be supported within new versions of these workstation platforms and databases within a reasonable period of time from their release from their manufacturer. Cartegraph will discontinue support of its Solutions within older versions of these workstation platforms and databases as their support is discontinued by their manufacturers. 6. Customer agrees to work with Cartegraph to schedule Field Services in a timely manner. All undelivered Field Services shall expire 365 days from the execution of this Purchase Agreement, unless noted differently in Services Scope listed above. Upon expiration of services, the project may be cancelled at Cartegraph’s discretion. Not-to-Exceed Purchase Agreement Cartegraph will not exceed the total included in this Purchase Agreement without written approval from Customer. In the event it becomes apparent to Cartegraph that additional Service will be needed due to any changes in the scope of this Purchase Agreement, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written approval if additional Services are required. 1 ADDENDUM TO CARTEGRAPH SOLUTIONS AGREEMENT, DATED MARCH 28, 2018 THIS ADDENDUM is dated today’, and contains terms intended to supersede and clarify the terms set forth in that certain Cartegraph Solutions Agreement, to which this Addendum is attached and incorporated by this reference. Section 12 has hereby been stricken from agreement. Section 14.3 has hereby been stricken from agreement. Section 11.1 is hereby amended to read: 11.1 GENERAL. Notwithstanding the foregoing, Customer’s limits of liability provided under Minn. Stat. Ch. 466. Each party (the “Indemnifying Party”) will defend the other party and its officers, directors, employees, and agents (its “Related Parties”) from and against any claim, allegation or action (any “Action”) brought against the other party or one of its Related Parties by a third party (other than by the other party itself or another of its Related Parties) to the extent relating to, resulting from, or arising out of the gross negligence or willful misconduct of the Indemnifying Party in the performance (or failure to perform) any of its obligations under this Agreement. The Indemnifying Party will further pay those losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys' fees and court costs) (“Losses”) finally awarded against the other party or one of its Related Parties in any such Action or those Losses agreed to in a monetary settlement of such Action, as applicable. Section 11.3 is hereby amended to read: 11.3 BY CUSTOMER Subject to the limits of liability under Minn. Stat. ch. 466, Customer will ,Customer will defend Cartegraph and its Related Parties from and against any Action brought against Cartegraph or one of its Related Parties by a third party (other than by Cartegraph or another Cartegraph Related Party) to the extent relating to, resulting from, or arising out of any: (a) any violation of any Law caused by the use of or access to the Solutions by Customer; or (b) any claim or allegation by a User or other third party relating to use of or access to the Solutions or any Services by Customer. Customer will only pay those Losses finally awarded against Cartegraph in any such Action or those Losses agreed to in a monetary settlement of such Action, as applicable. Section 13 Insurance. 13. INSURANCE. Cartegraph shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the Customer, in the insured's capacity as Cartegraph, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $1,000,000 with a deductible maximum of $100,000. Before commencing work, Cartegraph shall provide the Customer a certificate of insurance evidencing the required insurance coverage in a form acceptable to Customer. 2 Section 14.1 is hereby amended to read: 14.1 PROTECTION. Notwithstanding the foregoing, all data provided to Cartegraph or collected by the Customer is subject to the Minnesota Government Data Practices Act, Minn. Statutes Chapter 13, which shall control the release of data by either party to this Agreement. Each party (the “Receiving Party”) may from time to time receive or otherwise obtain data or information regarding the business, finances, services, or technology of the other party (the “Disclosing Party”), including, without limitation, technical, advertising, marketing, sales, financial, pricing, employee, customer, and planning information, or any other information that by its very nature the Receiving Party should know is confidential (“Confidential Information”). The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or permitted contractors of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information in the same manner as the Receiving Party protects its own confidential information of a similar nature and with no less than reasonable care. Section 14.2 is hereby amended to read: 14.2 EXCEPTIONS. The Receiving Party’s obligations with respect to any Confidential Information of the Disclosing Party will terminate if such information: (a) was already lawfully known to the Receiving Party as of the Effective Date; (b) is disclosed to the Receiving Party after the Effective Date by a third party who had the right to make such disclosure without any confidentiality restrictions; or (c) is, or through no fault of the Receiving Party becomes, generally available to the public. The Receiving Party may disclose the Confidential Information of the Disclosing Party if compelled or required to do so by a court of competent jurisdiction, other governmental entity having jurisdiction over the Receiving Party, or pursuant to the Minnesota Government Data Practices Act, provided that the Receiving Party provides the Disclosing Party with notice of such requirement, if time for response reasonably permits, and provides reasonable assistance to the Disclosing Party in any attempts to contest such disclosure or obtain a protective order or other applicable limitation with respect to such disclosure. The Receiving Party may disclose the Confidential Information of the Disclosing Party if compelled or required to do so by a court of competent jurisdiction or other governmental entity having jurisdiction over the Receiving Party, provided that the Receiving Party provides the Disclosing Party with notice of such requirement and provides reasonable assistance to the Disclosing Party in any attempts to contest such disclosure or obtain a protective order or other applicable limitation with respect to such disclosure. In any event, the Receiving Party will be entitled to receive payment of its expenses and costs actually incurred in responding to such disclosure request and will disclose only such portion of any Confidential Information as it is legally compelled or required to disclose. Additional Terms and Conditions Subcontractors. Cartegraph shall comply with Minnesota Statutes §471.425. Cartegraph must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Cartegraph's receipt of payment from Customer. Cartegraph must pay interest of one and five-tenths (1.5%) percent per month or any part of a month to subcontractors on any undisputed amount not paid on 3 time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). Minnesota Government Data Practices Act. Cartegraph must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the Customer pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Cartegraph pursuant to this Agreement. Cartegraph 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 Cartegraph receives a request to release data, Cartegraph must immediately notify Customer. Customer will give Cartegraph instructions concerning the release of the data to the requesting party before the data is released. The terms of this paragraph shall survive the cancellation of termination of this Agreement. Compliance with Laws and Regulations. In providing services hereunder, Cartegraph shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. Cartegraph 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 under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. Customer shall not be responsible for discovering deficiencies in the accuracy of Cartegraph's services. BY EXECUTING THIS ADDENDUM CUSTOMER ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS AND CONDITIONS ON THE FOLLOWING PAGES IN ADDITION TO ANY EXHIBITS AND PURCHASE AGREEMENTS AND CUSTOMER AGREES TO BE LEGALLY BOUND BY EACH SUCH AGREEMENT. Hi Richard, Below is the quote you have requested. Please let me know if you have any questions. Thank you! Amanda --------------------------- *Please email all quote requests to QuotesMN@SHI.com* *Please email all order requests to OrdersMN@SHI.com OR fax 732-564-8280*  Pricing Proposal Quotation #:  20241866 Description:  SeeClickFix, Inc. Created On:  Mar-29-2021 Valid Until:  Apr-30-2021   City of Chanhassen  Inside Account Manger   Richard Rice 7700 Market Blvd Chanhassen, MN 55317 UNITED STATES Phone: (952) 227-1111 Fax: Email:rrice@ci.chanhassen.mn.us   Amanda Ambrogio 290 Davidson Ave Somerst, NJ 08873 Phone: 732-564-8676 Fax: Email:amanda_ambrogio@shi.com   Click here to order this quote All Prices are in US Dollar(USD)   Product Qty Your Price Total 1 SeeClickFix Annual     SeeClickFix, Inc. - Part#: npn     Contract Name: Open Market     Contract #: Open Market     Note: SeeClickFix Annual Licenses for City of Chanhassen, MN 20 $648.00 $12,960.00 2 SeeClickFix Connector for Cartegraph OMS     SeeClickFix, Inc. - Part#: npn     Contract Name: Open Market     Contract #: Open Market     Note: SeeClickFix-hosted integration with Cartegraph OMS https://www.civicservice.civicplus.help/hc/en-us/articles/360043415454- SeeClickFix-Connect-for-Cartegraph for City of Chanhassen, MN 1 $5,400.00 $5,400.00 3 Request Import     SeeClickFix, Inc. - Part#: npn     Contract Name: Open Market     Contract #: Open Market     Note: Import up to 25,000 CRT requests, includes one batch import to resolve errors, a second import on test environment, and final import in production. Data must adhere to SCF specifications. Additional batch imports after these 3 will incur additional cost. 1 $0.00 $0.00 4 SeeClickFix Account Config     SeeClickFix, Inc. - Part#: npn     Contract Name: Open Market     Contract #: Open Market     Note: SeeClickFix Account Configuration 1 $2,700.00 $2,700.00 5 SeeClickFix Virtual Training     SeeClickFix, Inc. - Part#: npn     Contract Name: Open Market     Contract #: Open Market     Note: SeeClickFix Virtual Training 1 $2,700.00 $2,700.00   Total $23,760.00 Additional Comments Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.  Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The products offered under this proposal are Open Market and resold in accordance with the terms and conditions at SHI Online Customer Resale Terms and Conditions. CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Approve 2021 Pay Equity Report Section CONSENT AGENDA Item No: D.8. Prepared By Jake Foster, Assistant City Manager File No: ADM­150 PROPOSED MOTION “The City Council approves the attached 2021 Pay Equity Implementation Report and directs staff to submit the report to the State of Minnesota Department of Employee Relations.” Approval requires a Simple Majority Vote of members present. BACKGROUND In 1984, the Minnesota Legislature passed the Local Government Pay Equity Act.Basically, the intent of the law is to ensure that men and women performing similar jobs are compensated in an equal manner. Local governments were given until December 31, 1991 to comply with the law and were required to file reports with the Department of Employee Relations (DOER) by January 31, 1992. All jurisdictions were then placed on a three­year reporting cycle for future reports. Attached is a computer­generated report based on inputs supplied by the City of Chanhassen. The report is fairly complex, and the figure which denotes compliance is the underpayment ratio under Roman numeral II on the Compliance Report. According to DOER, jurisdictions must maintain a ratio of 80% or higher to comply with the statute. The City of Chanhassen's ratio exceeds that threshold at 117.24%.Staff believes we are in compliance with the Local Government Pay Equity Act . RECOMMENDATION Staff recommends that the Chanhassen City Council approve the attached 2021 Pay Equity Implementation Report and direct staff to submit the report to the Department of Employee Relations. ATTACHMENTS: 2021 Pay Equity Compliance Report 2021 Implementation Report Compliance Report Jurisdiction:Chanhassen Report Year:2021 7700 Market Blvd.Case:1 - 2021DATA (Shared (Jur and MMB)) P.O. Box 147 Chanhassen, MN 55317 Contact:Jake Foster Phone:(952) 227-1118 E-Mail:JFoster@ci.chanhassen. mn.us The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION Male Classes Female Classes Balanced Classes All Job Classes # Job Classes 29 17 3 49 # Employees 49 32 13 94 Avg. Max Monthly Pay per employee 7729.62 7077.72 7030.00 II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 117.2414 * Male Classes Female Classes a. # At or above Predicted Pay 13 9 b. # Below Predicted Pay 16 8 c. TOTAL 29 17 d. % Below Predicted Pay (b divided by c = d)55.17 47.06 *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T-test Results Degrees of Freedom (DF) = 79 Value of T = 0.876 a. Avg. diff. in pay from predicted pay for male jobs = 8 b. Avg. diff. in pay from predicted pay for female jobs = -202 III. SALARY RANGE TEST = 0.00 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 0.00 B. Avg. # of years to max salary for female jobs = 0.00 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP = 0.00 * B. % of female classes receiving ESP = 0.00 *(If 20% or less, test result will be 0.00) Page 1 of 1 4/12/2021 12:30:52 PM Pay Equity Implementation Report Part A: Jurisdiction Identification Jurisdiction:Chanhassen Jurisdiction Type:City 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 Contact:Jake Foster Phone:(952) 227-1118 E-Mail:JFoster@ci.chanhassen. mn.us Part B: Official Verification 1.The job evaluation system used measured skill, effort responsibility and working conditions and the same system was used for all classes of employees. The system was used: Designed Own Description: Same system since 2001 2.Health Insurance benefits for male and female classes of comparable value have been evaluated and: There is no difference and female classes are not at a disadvantage. 3.An official notice has been posted at: Admin area copy room (prominent location) informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by: The City of Chanhassen City Council (governing body) Elise Ryan (chief elected official) Mayor (title) Part C: Total Payroll $6476052.68 is the annual payroll for the calendar year just ended December 31. [ ]Checking this box indicates the following: - signature of chief elected official - approval by governing body - all information is complete and accurate, and - all employees over which the jurisdiction has final budgetary authority are included Date Submitted:4/12/2021 Page 1 of 1 4/12/2021 6:41:10 PM CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Authorize Release of Agreement Between the City of Chanhassen and James L. Dake and Leann L. Dake Section CONSENT AGENDA Item No: D.9. Prepared By Erik Henricksen, Project Engineer File No: n/a PROPOSED MOTION “The City Council authorizes the Release of Agreement between the City of Chanhassen and James L. Dake and Leann L. Dake recorded as Document No. A352266." Approval requires a Simple Majority Vote of members present. BACKGROUND The current property owner of 6480 Yosemite Avenue has requested the City of Chanhassen (City) release an Agreement that was entered into between the City and previous owners of the property, James L. Dake and Leann L. Dake, in order to clear the title.  The Agreement between the City and the Dakes was recorded in May of 2003 regarding the issuance of a building permit and demolition of an existing residential building.  All obligations under the Agreement have been met and the Agreement is no longer required.  The City attorney has reviewed the Agreement and the Release of Agreement. RECOMMENDATION Staff recommends approval of the Release of Agreement. ATTACHMENTS: Dake Agreement Release of Agreement 214731v2 1 (reserved for recording data) RELEASE OF AGREEMENT RELEASE of Agreement granted this ______ day of April, 2021, by the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"). RECITALS A.On May 12, 2003, the City entered into an Agreement Between the City of Chanhassen and James L. Dake and Leann L. Dake, recorded with the Office of the County Recorder Carver County, Minnesota on May 27, 2003 as Document No. A352266 (“Agreement”) regarding the issuance of a building permit and demolition of an existing residential building for property located at 6480 Yosemite Avenue, Chanhassen, MN 55331 (“Property”). B.All obligations under the Agreement for the Property have now been met. D.In order to clear title, the City has been requested by the current owner to release the Property from the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City of Chanhassen, Minnesota, that the property is hereby released from the terms of this Agreement. 214731v2 2 Dated _______________, 2021. CITY OF CHANHASSEN By ___________________________________ (SEAL) Elise Ryan, Mayor And __________________________________ Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _______ day of May, 2021, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ____________________________________ Notary Public DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Approve Liquor License Renewals for Chanhassen Brewing Company Section CONSENT AGENDA Item No: D.10. Prepared By Kim Meuwissen, Office Manager File No: ADM­026 PROPOSED MOTION “The City Council approves the Brewer Off­Sale and On­Sale & Sunday Brewer Taproom liquor license renewals for Chanhassen Brewing Company.” Approval requires a Simple Majority Vote of members present. SUMMARY Chanhassen Brewing Company was issued their Brewer Off­Sale and On­Sale & Sunday Brewer Taproom liquor licenses by the State on April 7, 2021. The City's license term expires on April 30, 2021, thus requiring renewal of the licenses. Since the renewal date is only two weeks after the opening of the brewery, the liquor license fee will be waived. RECOMMENDATION Staff recommends that the City Council approve the Brewer Off­Sale and On­Sale & Sunday Brewer Taproom liquor license renewals for Chanhassen Brewing Company. Following Council approval, these licenses will be forwarded to the Liquor Control Division at the Minnesota Department of Public Safety for final processing. ATTACHMENTS: Chanhassen Brewing Company Liquor License Renewal Forms CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Resolution 2021­XX: Approve Agreements with Bureau of Criminal Apprehension for Data Access Section CONSENT AGENDA Item No: D.11. Prepared By Laurie Hokkanen, City Manager File No: ADM­030 PROPOSED MOTION “The City Council Adopts a Resolution approving State of Minnesota Joint Powers Agreement on Behalf of its City Attorney and Authorizes entering into the Master Joint Powers Agreement and Court Services Subscriber Amendment with the Department of Public Safety, Bureau of Criminal Apprehension.” Approval requires a Simple Majority Vote of members present. BACKGROUND The City of Chanhassen must access certain data held by the Department of Public Safety, Bureau of Criminal Apprehension (BCA). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the City of Chanhassen only if the Agency completes a Subscriber Amendment. The City desires to use one or more BCA systems and tools to access and/or submit Court Records to assist in the efficient performance of its duties as required or authorized by law or court rule. Typically, such access is made by our City Attorney' s office and prosecutor, Henry Schaeffer. However, the BCA requires that the JPA and Court Amendment be directly with the City of Chanhassen. Adoption of the attached Resolution, Joint Powers Agreement, and Court Amendment will renew the existing terms for a five­year term. RECOMMENDATION Staff recommends approval of the Resolution, Master Joint Powers Agreement, and Court Services Subscriber Amendment. ATTACHMENTS: Email from Karen Roatch of the BCA Resolution Master Joint Powers Agreement Court Services Subscriber Amendment From: Roatch, Karen (DPS) <karen.a.roatch@state.mn.us> Sent: Monday, March 29, 2021 9:46 AM To: Henry Schaeffer <HSchaeffer@ck-law.com> Cc: MN_DPS_BCA MNJIS Administrative-Support <bca.mnjis.administrative-support@state.mn.us> Subject: JPA and Court Services Amendment Renewal-Chanhassen Prosecuting Attorney Dear Mr. Schaeffer, Your current Master Joint Powers Agreement (JPA) is expiring soon. This will require executing a new JPA. Also, your current Court Amendment expires with the current JPA, so a new Court Amendment will need to be executed as well. Attached please find the JPA and Court Amendment documents. Here’s what we need from you: Here’s what we need from you: Here’s what we need from you: Here’s what we need from you: The city council’s resolution approving the JPA. The JPA with appropriate signatures. The Court Amendment with appropriate signatures. For statutory cities, the mayor and city clerk must sign the attached agreement (Minn. Stat. §412.201). Please return all documents via scan/email. If you have any questions, please contact me at 651If you have any questions, please contact me at 651If you have any questions, please contact me at 651If you have any questions, please contact me at 651---- 793793793793----2734 or 2734 or 2734 or 2734 or karen.a.roatch@state.mn.uskaren.a.roatch@state.mn.uskaren.a.roatch@state.mn.uskaren.a.roatch@state.mn.us Thank you. I am currently working remotely. Please use email or my mobile phone number. KAREN A. ROATCH KAREN A. ROATCH KAREN A. ROATCH KAREN A. ROATCH |||| BUSINESS SHARED SERBUSINESS SHARED SERBUSINESS SHARED SERBUSINESS SHARED SERVICESVICESVICESVICES BUREAU OF CRIMINAL APPREHENSION 1430 MARYLAND AVENUE EAST, ST. PAUL, MN 55106 MOBILE 651-208-7070|OFFICE 651-793-2734 | karen.a.roatch@state.mn.us 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 26, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF CHANHASSEN ON BEHALF OF ITS CITY ATTORNEY WHEREAS, the City of Chanhassen, on behalf of its Prosecuting Attorney, desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Chanhassen, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Chanhassen on behalf of its Prosecuting Attorney is hereby approved. 2. That Assistant City Attorney, Henry A. Schaeffer, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That Elise Ryan, the Mayor for the City of Chanhassen, and Kim Meuwissen, the Deputy City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreement. Passed and Adopted by the Council on this 26th day of April, 2021. 2 ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT SWIFT Contract # 191209 MN010019A 1 DPS/BCA CJDN JPA_March 2021 State of Minnesota Joint Powers Agreement This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Chanhassen of behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a SWIFT Contract # 191209 MN010019A 2 DPS/BCA CJDN JPA_March 2021 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a SWIFT Contract # 191209 MN010019A 3 DPS/BCA CJDN JPA_March 2021 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue SWIFT Contract # 191209 MN010019A 4 DPS/BCA CJDN JPA_March 2021 Saint Paul, MN 55106 Telephone: 651.793.2007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: Henry Schaeffer, Attorney Address: Grand Oak Office Center I 860 Blue Gentian Rd, Ste 290 Eagan, MN 55121 Telephone: 651.234.6214 Email Address: hschaeffer@ck-law.com 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. SWIFT Contract # 191209 MN010019A 5 DPS/BCA CJDN JPA_March 2021 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. SWIFT Contract # 191209 MN010019A 6 DPS/BCA CJDN JPA_March 2021 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANKTHE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANKTHE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANKTHE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK SWIFT Contract # 191209 MN010019A 7 DPS/BCA CJDN JPA_March 2021 The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: ______________________________________________ Date: _____________________________________________ 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Chanhassen on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 191209, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties 4 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 6 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 7 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 8 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 9 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 10 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Resolution 2021­XX: Approve Materials Testing Agreement for Construction of the 2021 City Pavement Rehabilitation Project Number 20­05 Section CONSENT AGENDA Item No: D.12. Prepared By George Bender, Assistant City Engineer File No: Project No. 2020­05 PROPOSED MOTION “The City Council approves a resolution awarding a consulting agreement for materials testing to WSB & Associates for the 2021 City Pavement Rehabilitation Project Number 20­05.” Approval requires a Simple Majority Vote of members present. SUMMARY The 20­05 City Pavement Rehabilitation Project requires a separate contract be awarded by the city for materials testing and associated engineering services in order to provide the required quality assurance testing set forth in the project documents and city specifications. Award of this contract is contingent upon the award of the 20­05 construction contract being considered later on tonight's agenda. BACKGROUND On November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) for consultant services for the project. On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services. On January 13, 2020, the City Council approved a contract with Kimley  Horn & Associates and authorized preparation of a feasibility study. On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project with the public.  Notifications were sent to residents in the nearby areas who will be affected by the project. On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to be held on April 27, 2020. On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation of plans and specifications. CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectResolution 2021­XX: Approve Materials Testing Agreement for Construction of the 2021 CityPavement Rehabilitation Project Number 20­05SectionCONSENT AGENDA Item No: D.12.Prepared By George Bender, Assistant City Engineer File No: Project No. 2020­05PROPOSED MOTION“The City Council approves a resolution awarding a consulting agreement for materials testing to WSB & Associatesfor the 2021 City Pavement Rehabilitation Project Number 20­05.”Approval requires a Simple Majority Vote of members present.SUMMARYThe 20­05 City Pavement Rehabilitation Project requires a separate contract be awarded by the city for materialstesting and associated engineering services in order to provide the required quality assurance testing set forth in theproject documents and city specifications.Award of this contract is contingent upon the award of the 20­05 construction contract being considered later ontonight's agenda.BACKGROUNDOn November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) forconsultant services for the project.On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services.On January 13, 2020, the City Council approved a contract with Kimley  Horn & Associates and authorizedpreparation of a feasibility study.On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project withthe public.  Notifications were sent to residents in the nearby areas who will be affected by the project.On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to beheld on April 27, 2020. On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation of plans and specifications. On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of an advertisement to bid the project. On June 19, 2020, the City opened sealed bids for the project. On June 22, 2020, the City Council called a Public Hearing to be held on July 13, 2020. On July 13, 2020, the City Council held a Public Hearing and tabled adoption of the assessment roll and awarding a construction contract to July 27, 2020. On July 27, 2020, the City Council decided to not move forward with the project in 2020. On November 10, 2020, the City Council approved a contract amendment with Kimley Horn & Associates to facilitate minor updates to the 20­05 feasibility study and contract documents in addition to re­bidding the project as the 2021 City Pavement Rehabilitation project.  On January 11, 2021, the City Council accepted the feasibility report and called a Public Hearing to be held on January 25, 2021. On January 25, 2021, the City Council held a Public Hearing, ordered the improvements, and authorized preparation of plans and specifications. On February 8, 2021, the City Council accepted the plans and specifications and authorized publication of an advertisement to bid the project. On April 26, 2021, the City Council held a Public Hearing and awarded the project to Northwest Asphalt. DISCUSSION The Engineering department solicited proposals from American Engineering Testing, Inc., WSB and Associates, and Braun Intertec Corporation for the materials testing and associated engineering services required for the construction of the project.  All three firms submitted proposals. The proposals were reviewed to compare the proposed work scopes, testing rates, and estimated costs. This also included review of the level of effort and clarity of each firm's proposal in meeting the specifications of the project. As needed, assumed quantity and/or testing rate amounts in the proposal were adjusted to facilitate an comparison of equal amounts.  The proposals were analyzed and the results are as follows: American Engineering Testing ­ $72,467.00 WSB and Associates ­ $52,443.50 Braun Intertec ­ $66,510.00 All firms have the required certified personnel, are capable of completing the required work, and have successfully completed past work for the city.  Based on the review of the proposals, staff recommends that WSB & Associates be selected for the work. WSB & Associates proposal is on a unit­cost basis and billed per personnel hours and/or tests at set rates provided in their proposal.  Staff recommends an agreement amount of $55,000.00 be awarded to allow for minor adjustments to the testing quantities without need for a processing a contract modification. WSB will submit monthly invoices that staff will review before processing.  Staff will review the invoices for accuracy and conformance with the contract. RECOMMENDATION Staff recommends entering into the contract with WSB for Material Testing Services in the amount of $55,000.00, CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectResolution 2021­XX: Approve Materials Testing Agreement for Construction of the 2021 CityPavement Rehabilitation Project Number 20­05SectionCONSENT AGENDA Item No: D.12.Prepared By George Bender, Assistant City Engineer File No: Project No. 2020­05PROPOSED MOTION“The City Council approves a resolution awarding a consulting agreement for materials testing to WSB & Associatesfor the 2021 City Pavement Rehabilitation Project Number 20­05.”Approval requires a Simple Majority Vote of members present.SUMMARYThe 20­05 City Pavement Rehabilitation Project requires a separate contract be awarded by the city for materialstesting and associated engineering services in order to provide the required quality assurance testing set forth in theproject documents and city specifications.Award of this contract is contingent upon the award of the 20­05 construction contract being considered later ontonight's agenda.BACKGROUNDOn November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) forconsultant services for the project.On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services.On January 13, 2020, the City Council approved a contract with Kimley  Horn & Associates and authorizedpreparation of a feasibility study.On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project withthe public.  Notifications were sent to residents in the nearby areas who will be affected by the project.On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to beheld on April 27, 2020.On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation ofplans and specifications.On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On June 19, 2020, the City opened sealed bids for the project.On June 22, 2020, the City Council called a Public Hearing to be held on July 13, 2020.On July 13, 2020, the City Council held a Public Hearing and tabled adoption of the assessment roll and awarding aconstruction contract to July 27, 2020.On July 27, 2020, the City Council decided to not move forward with the project in 2020.On November 10, 2020, the City Council approved a contract amendment with Kimley Horn & Associates tofacilitate minor updates to the 20­05 feasibility study and contract documents in addition to re­bidding the project asthe 2021 City Pavement Rehabilitation project. On January 11, 2021, the City Council accepted the feasibility report and called a Public Hearing to be held onJanuary 25, 2021.On January 25, 2021, the City Council held a Public Hearing, ordered the improvements, and authorized preparationof plans and specifications.On February 8, 2021, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On April 26, 2021, the City Council held a Public Hearing and awarded the project to Northwest Asphalt.DISCUSSIONThe Engineering department solicited proposals from American Engineering Testing, Inc., WSB and Associates, andBraun Intertec Corporation for the materials testing and associated engineering services required for the constructionof the project.  All three firms submitted proposals.The proposals were reviewed to compare the proposed work scopes, testing rates, and estimated costs. This alsoincluded review of the level of effort and clarity of each firm's proposal in meeting the specifications of the project. Asneeded, assumed quantity and/or testing rate amounts in the proposal were adjusted to facilitate an comparison ofequal amounts.  The proposals were analyzed and the results are as follows:American Engineering Testing ­ $72,467.00WSB and Associates ­ $52,443.50Braun Intertec ­ $66,510.00All firms have the required certified personnel, are capable of completing the required work, and have successfullycompleted past work for the city.  Based on the review of the proposals, staff recommends that WSB & Associatesbe selected for the work.WSB & Associates proposal is on a unit­cost basis and billed per personnel hours and/or tests at set rates provided intheir proposal.  Staff recommends an agreement amount of $55,000.00 be awarded to allow for minor adjustments tothe testing quantities without need for a processing a contract modification.WSB will submit monthly invoices that staff will review before processing.  Staff will review the invoices for accuracyand conformance with the contract.RECOMMENDATION Staff recommends entering into the contract with WSB for Material Testing Services in the amount of $55,000.00, which includes a contingency for additional services that routinely arise during construction. ATTACHMENTS: Resolution ­ Award Materials Testing Agreement Professional Services Agreement with WSB & Associates CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 26, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: A RESOLUTION AWARDING A CONSULTANT AGREEMENT FOR MATERIALS TESTING ON THE 2021 CITY PAVEMENT REHABILITATION PROJECT NO. 20-05 WHEREAS, pursuant to a request for proposals for Project No. 20-05 (2021 City Pavement Rehabilitation Project), three proposals were received and evaluated that complied with the request for proposal: Bidder Quote Amount WSB & Associates $52,443.50 Braun Intertec $66,510.00 American Engineering and Testing $72,467.00 WHEREAS, it was evaluated by Staff that WSB & Associates had the lowest responsible quote and best met the scope of the request for proposals. A consultant contract amount of $55,000.00 is recommended to be awarded to allow for minor revisions to unit price testing quantities during construction to facilitate not needing to approve a contract revision; NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a consulting agreement with WSB & Associates in the name of the City of Chanhassen for the materials testing services for the 2021 City Pavement Rehabilitation Project No. 20-05 according to the proposal and the plans and specifications on file in the office of the City Engineer. Passed and adopted by the Chanhassen City Council this 26th day of April, 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT 1 201749v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 25th day of March, 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and WSB & ASSOCIATES, INC. DBA WSB "Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant for Construction Materials Testing Services. 2. 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 Professional Services Agreement; B. Request for quote – Construction Materials Testing Services dated 7/7, 2020; C. Insurance Certificate; D. Consultant’s MARCH 26, 2021 proposal for Construction Materials Testing Services (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 3. COMPENSATION. Consultant shall be paid by the City for the services described in the Proposal a not to exceed fee of Fifty-Five Thousand Dollars (Dollars $ 55,000, inclusive of expenses. Services performed directly by Consultant shall be paid at an hourly rate in accordance with the Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be adjusted if the estimated hours to perform a task, the number of required meetings, or any other estimate or assumption is exceeded. Consultant shall bill the City as the work progresses. Payment shall be made by the City within thirty-five (35) days of receipt of an invoice. 4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. The City acknowledges that all reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement are created solely for the specific project covered by this Agreement and may not be suitable for reuse on other projects. The City also acknowledges that reuse of the reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement without the written verification or adaptation by Consultant will be done at the City's sole risk and without liability to Consultant. 2 201749v1 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant 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 Consultant’s services. 8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Professional Liability $2,000,000 each claim/aggregate The City shall be named as an additional insured on the general liability policy on a primary and non- contributory basis. Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’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. 11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay 3 201749v1 interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County Minnesota. 13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant 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 Consultant pursuant to this Agreement. Consultant 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 Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’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. 14. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 16. RECORDS. Consultant shall maintain complete and accurate records of hours worked and expenses involved in the performance of services. 17. ASSIGNMENT. Neither party shall assign this Agreement, or 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 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. 4 201749v1 20.TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Consultant. In the event of termination, the City shall be obligated to the Consultant for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination. Dated: _______________, 20__. CITY OF CHANHASSEN BY: _____________________________________________ Elise Ryan, Mayor BY: _____________________________________________ Laurie Hokkanen, City Manager Dated: _______________, 20__. _______________________ BY: _____________________________________________ Its 21 Director of Construction Services- Metro, Principal April 7th CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Approve 2021­2022 Collective Bargaining Agreement with International Union of Operating Engineers, Local 49 Section CONSENT AGENDA Item No: D.13. Prepared By Jake Foster, Assistant City Manager File No:  PROPOSED MOTION “The City Council approves the 2021­2022 collective bargaining agreement with the International Union of Operating Engineers, Local 49.” Approval requires a Simple Majority Vote of members present. SUMMARY The City began negotiations with the International Union of Operating Engineers, Local 49 in late 2020. A majority of the collective bargaining unit voted to reject a proposal for a tentative agreement on Tuesday, February 18, 2021.  As the next step in the bargaining process, the City and the Union participated in a formal mediation session through the State of Minnesota's Bureau of Mediation Services on Friday, April 9, 2021.  The City and the Union reached a tentative agreement as a result of the mediation session.  That tentative agreement was approved by a majority of the collective bargaining unit on April 13, 2021. Staff is seeking Council approval on the tentative agreement that was approved by the collective bargaining unit.  This is a two­year agreement for 2021 and 2022, with a wage re­opener for 2022.  In addition to the the second year on this agreement, the changes made from the 2020 agreement are summarized below. More details are provided in the tentative agreement document and the proposed contract itself.  The tentative agreement document is attached.  The final proposed agreement is currently being reviewed by our union attorney, Mary Tietjen.  Once approved, the agreement will be uploaded to this agenda item on Friday, April 23. 1. Overtime is defined as any work performed outside of regular working hours.  The hours are defined as Monday through Friday 7:00 AM to 3:00 PM for operators and lead workers, and 6:30 AM to 2:30 pm for mechanics.  The City retains the management right to change these regular working hours when warranted. 2. The maximum accrual for compensatory time will be lowered from 160 hours to 100 hours. 3. Clothing and safety shoe allowance will be provided via payroll on the first paycheck of each year, rather than processed throughout the year via reimbursements.  The amount was raised from $425 to $600 to offset tax impacts. 4. Duration ­ again, this is a two year agreement with a wage re­opener for 2022. 5. Memorializing of 2021 wage adjustments. 6. Included with the agreement are a Letter of Agreement (LOA) relating to the City's on­going compensation CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectApprove 2021­2022 Collective Bargaining Agreement with International Union of OperatingEngineers, Local 49SectionCONSENT AGENDA Item No: D.13.Prepared By Jake Foster, Assistant City Manager File No: PROPOSED MOTION“The City Council approves the 2021­2022 collective bargaining agreement with the International Union ofOperating Engineers, Local 49.”Approval requires a Simple Majority Vote of members present.SUMMARYThe City began negotiations with the International Union of Operating Engineers, Local 49 in late 2020. A majority ofthe collective bargaining unit voted to reject a proposal for a tentative agreement on Tuesday, February 18, 2021. As the next step in the bargaining process, the City and the Union participated in a formal mediation session throughthe State of Minnesota's Bureau of Mediation Services on Friday, April 9, 2021.  The City and the Union reached atentative agreement as a result of the mediation session.  That tentative agreement was approved by a majority of thecollective bargaining unit on April 13, 2021.Staff is seeking Council approval on the tentative agreement that was approved by the collective bargaining unit.  Thisis a two­year agreement for 2021 and 2022, with a wage re­opener for 2022.  In addition to the the second year onthis agreement, the changes made from the 2020 agreement are summarized below. More details are provided in thetentative agreement document and the proposed contract itself.  The tentative agreement document is attached.  Thefinal proposed agreement is currently being reviewed by our union attorney, Mary Tietjen.  Once approved, theagreement will be uploaded to this agenda item on Friday, April 23.1. Overtime is defined as any work performed outside of regular working hours.  The hours are defined asMonday through Friday 7:00 AM to 3:00 PM for operators and lead workers, and 6:30 AM to 2:30 pm formechanics.  The City retains the management right to change these regular working hours when warranted.2. The maximum accrual for compensatory time will be lowered from 160 hours to 100 hours.3. Clothing and safety shoe allowance will be provided via payroll on the first paycheck of each year, rather thanprocessed throughout the year via reimbursements.  The amount was raised from $425 to $600 to offset taximpacts.4. Duration ­ again, this is a two year agreement with a wage re­opener for 2022. 5. Memorializing of 2021 wage adjustments. 6. Included with the agreement are a Letter of Agreement (LOA) relating to the City's on­going compensation study, and a Memorandum of Understanding (MOU) detailing the addition of an Operator II classification (both attached). 7. The Union logo has also been updated on the cover page. RECOMMENDATION Staff recommends the approval of the 2021­2022 collective bargaining agreement with the International Union of Operating Engineers, Local 49. ATTACHMENTS: 2021­2022 Tentative Agreement Document Compensation Study LOA Operator II MOU 2021­2022 Agreement (Final) City of Chanhassen/International Union of Operating Engineers, Local 49 April 9, 2021 TENTATIVE AGREEMENT 1) ARTICLE 11- OVERTIME 11.1 Overtime is defined as work performed at the express authorization of the Employer outside the regular Monday through Friday 7:00 a.m. to 3:00 p.m. schedule or 6:30 to 2:30 p.m. schedule for mechanics. All requested leave on the same day when Overtime is worked must be preapproved. 11.2 Compensatory time may be accumulated to a maximum of one hundred (100) hours. Any hours accumulated beyond the maximum of 100 hours shall be paid to the Employee in the next pay period. (Note: the accumulated maximum of 100 compensatory hours shall be a rolling maximum) 2) ARTICLE 23 – UNIFORMS 23.1 Clothing and safety shoe allowance for a full-time regular Employee shall be $600 per year to be included in the first pay period of the year. 3) ARTICLE 26 – DURATION 2-year agreement 26.1 This Agreement shall be in effect from January 1, 2021 and shall remain in effect until December 31, 2022 thereafter unless either party gives notice as may be required by State Statute of their desire to amend this Agreement. 7) APPENDIX “A” 2021 Wage Adjustments Exceptional: 2.3% Excellent: 2.0% Satisfactory: 1.3% Unsatisfactory: 0.0% Unacceptable: 0.0% 2% range movement to minimum, midpoint, maximum. *All wage adjustments shall be effective the first day of the first full pay period of the 2021 fiscal year or January 1, 2021, whichever comes first. • Compensation Study Letter of Agreement. • Operator II Memorandum of Understanding. o The first Operator II discussion meeting between the City and the Union is scheduled for Tuesday, March 9, 2021 at 1:00PM 8) REOPENER CLAUSE FOR APPENDIX “A” The wage adjustments identified are for 2021 only. The Employer and Union agree to meet and negotiate wage adjustments for 2022. The City agrees to meet and discuss with the Union the Operator II Memorandum of Understanding and to update the Union on the compensation study process in the 2021 calendar year. Discussion Items: • Renew letters regarding hiring of new employees above range minimum. • Update union logo on cover page and add table of contents. February 9, 2021 Mr. Chris Chantry Area Business Representative International Union of Operating Engineers, Local 49 2829 Anthony Lane South Minneapolis, MN 55418 Dear Mr. Chantry: This letter will confirm the agreement that the City of Chanhassen and IUOE Local 49 reached in conjunction with the negotiations of the 2021 collective bargaining agreement. The City intends to conduct a comprehensive compensation analysis in 2021. The funds were made available for the study with the City Council approval of the 2021 budget. The City and Union will meet and confer as needed in 2021 to provide an update on the status of the comprehensive compensation analysis. Compensation, and the ultimately adopted compensation system, will be consistent among all Union and non-represented employee groups. Sincerely, Jake Foster Assistant City Manager Memorandum of Understanding February 2021 This Memorandum of Understanding (the “MOU”), dated ___________________, 2021, by and between, the City of Chanhassen (The “City”) and the International Union of Operating Engineers Local 49 (The “Union”). Purpose The purpose of this MOU is to identify the agreement and general scope of the agreed upon creation of an additional employee classification. The additional classification will be titled, “Operator II,” and will fall between “Operator I,” and “Lead.” Scope The City will develop job descriptions for the Operator II positions in each division to include minimum qualifications. The minimum qualifications for each job description, among other determined criteria, will be used to make the determination for who is qualified and able to be promoted from Operator I to Operator II. The Union will provide input for these job descriptions and minimum qualifications as requested by the City. In addition to the job descriptions, the City will determine the initial process for the initial implementation of the Operator II classification, and process by which long term promotions will be managed after the initial implementation. It is the City’s intent to complete this work in 2021 for the implementation of the Operator II classification, along with the compensation system analysis findings, in 2022. Effective Date This MOU will be effective upon the approval of the 2021-2022 collective bargaining agreement between the City of Chanhassen and the International Union of Operating Engineers, Local No. 49 is approved and this document is executed by both parties. _________________________________ _________________________________ Heather A. Johnston, Interim City Manager Chris Chantry, Business Representative City of Chanhassen International Union of Operating Engineers, Local No. 49 LABOR AGREEMENT BETWEEN THE CITY OF CHANHASSEN And INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 January 1, 2021 through December 31, 2022 1 ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Chanhassen hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE 2 - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minn. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Leads Technicians, Mechanics and Heavy Equipment Operators Operators 2.2 Limited Term Appointments: Up to five (5) employees employed by the EMPLOYER on a limited term basis for no more than 120 work days per calendar year, either in a full-time or part- time capacity (more than 14 hours per week), will be paid at a rate determined solely by the EMPLOYER for the term of their employment and shall not be eligible for any wages, benefits, or other provisions of this Labor Agreement. ARTICLE 3 – DEFINITIONS 3.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 3.2 EMPLOYER: The City of Chanhassen. 3.3 UNION MEMBERS: Members of the International Union of Operating Engineers, Local No. 49, AFL-CIO. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 2 3.5 BASE PAY RATE: The employee's hourly rate exclusive of any special allowances. 3.6 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than a scheduled shift. An extension of or an early report to a scheduled shift is not a call back. 3.7 IMMEDIATE FAMILY: Means children, stepchildren, parents, siblings, grandparents, parent's in-law, children-in-law, grandparents-in-law, or such other persons as the City Manager deems appropriate. 3.8 DAYS: Unless otherwise indicated, mean the Employer's regular business days. 3.9 PROMOTION: A change of an employee from a position to a position in a higher grade within the bargaining unit. 3.10 TRANSFER: A change of employee from one (1) position to another position, in the same grade within the bargaining unit. 3.11 Regular Employee: Any employee hired for a position and has successfully completed the first six months of the probation period. 3.12 PROBATION PERIOD: Six (6) months of continuous employment, or other time period required by the City Manager, during which a newly hired or promoted regular employee must demonstrate fitness for the duties of the assigned position. 3.13 RESIGNATION IN GOOD STANDING: An employee leaving service with the Employer after giving a two (2) week written notice, providing the employee has not been discharged for misconduct. 3.14 CITY: The City of sen ARTICLE 4 - UNION SECURITY In recognition of the Union as the exclusive representative: 4.1 The Employer shall deduct from the wages of an Employee who authorizes such deductions in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 4.2 The Union may designate three (3) employees from the bargaining unit to act as Stewards and shall inform the Employer in writing of such choice. 4.3 The Employer agrees to make space available on the Employer bulletin board for the posting of official Union notice(s) and announcements. 4.4 The Union agrees to indemnify and hold harmless the Employer against any claims, suits, order, or judgments brought or issued against the Employer under the provisions of this article. 3 ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE 6 - SAVINGS CLAUSE 6.1 This Agreement is subject to the law. In the event that any provision of this Agreement shall be held to be contrary to the law by a Court of competent jurisdiction or administrative agency from whose final judgment or decree no appeal is made within the time provided, or is contrary to a federal or state administrative ruling or is found to be in violation of legislation or administrative regulations, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions shall be renegotiated upon written request of either party. ARTICLE 7 - EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE 7.1 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representative. The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union representative have notified and received the approval of the designated supervisor and would not be detrimental to the work programs of the Employer. The Union representative may be allowed access to the facilities for grievance investigation with advance notice and approval of the designated supervisor. 7.4 Procedure. Grievances, as defined by Section 8.1, shall be resolved in conformance with the following procedure: 4 Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within ten (10) calendar days after such alleged violation has occurred, present such grievance to the Employer-designated Step 1 representative. At this step, the grievance shall be presented in writing. The Employer-designated Step 1 representative will discuss and give an answer, in writing, to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step I and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it was based, the provision or provisions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated Step 1 representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union in writing and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. Any grievance unresolved in Step 2 and appealed in Step 3 within ten (10) calendar days may be submitted to the Minnesota Bureau of Mediation Services for mediation services. A grievance not resolved in Step 3 may be appealed in writing to Step 4 by the Union within ten (10) calendar days. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration. The Union and the Employer will endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the Union and the Employer are unable to agree on an arbitrator, they may request, from the Director of the Bureau of Mediation Services, a list of qualified arbitrators. The parties will alternately strike names from the list of arbitrators until only one (l) name remains. The remaining arbitrator will hear and decide the grievance. If the parties are unable to agree on who will strike the first name, the question will be decided by the flip of a coin. 7.5 Arbitrator's Authority. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the issue(s) submitted by the Employer and the Union in writing and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted to both parties in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. One (l) Union steward shall receive their regular wages for the time spent in the actual arbitration proceeding, if during regular work hours. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that Step and immediately appeal the grievance to the next Step. The time limit in each Step may be extended by mutual agreement of the Employer and the Union. Election of Remedies. If, as a result of the EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 arbitration of Article 8 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 8. The aggrieved employee shall indicate in writing which procedure is to be utilized — Step 4 of Article 8 or another appeal procedure — and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3 of Article 4. An employee pursuing a remedy pursuant to a statute under the jurisdiction of the United States Equal Employment Opportunity Commission is not precluded from also pursuing an appeal under the grievance procedure of this Agreement. If a court of competent jurisdiction rules contrary to the ruling in EEOC v. Board of Governors of State Colleges and Universities, 957 F.2d 424 (7th Cir.), cert denied, 506 U.S. 906, 113 S. Ct. 299 (1992), or if Board of Governors is judicially or legislatively overruled, this paragraph shall be immediately null and void and shall be deleted from this Agreement. ARTICLE 8 – DISCIPLINE 8.1 The Employer will discipline employees for just cause only. 8.2 Written reprimands, notices of suspensions, notices of demotion and notices of discharge which are to become part of an employee's personnel file will be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 8.3 An employee(s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the 6 employee(s) unless the employee(s) is given the opportunity to have a union representative present at the interview to act as a witness for the employee(s). 8.4 Grievances relating to this article shall be initiated by the Union at Step 2 of the grievance procedure under Article 8 of this Agreement. ARTICLE 9 – SAFETY 9.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. 9.2 An Employee in the bargaining unit will be appointed to serve on the City Safety Committee. ARTICLE 10 - WORK SCHEDULES 10.1 The sole authority in work schedules is the Employer. The normal work day shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 10.2 Service to the public may require the establishment of regular work shifts, normal work days or regular work weeks for some Employees on a daily, weekly, seasonal, or annual basis other than the regular work shift, normal work day or regular work week. The Employer will give fourteen (14) calendar days advance notice in writing to the Employees affected by the establishment of regular work shifts, normal work days or regular work weeks different from the Employee's normal Monday through Friday work day, regular work shift or regular work week. 10.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each Employee has an obligation to work overtime or callbacks if requested unless emergency circumstances prevent the Employee from so working. 10.4 Regular Employees working a straight 8 hour shift shall have one (1) thirty (30) minute paid break approximately midpoint of their working shift, with the exception of off-site training. ARTICLE 11 - OVERTIME PAY 11.1 Overtime is defined as work performed at the express authorization of the Employer outside the regular Monday through Friday 7:00 a.m. to 3:00 p.m. schedule or 6:30 to 2:30 p.m. schedule for mechanics. Employees wishing to utilize vacation leave on the same day that Overtime is worked must get prior authorization from their supervisor. Overtime work will be paid at one and one- half (1-1/2) times the employee's regular rate of pay. Nothing in this Article 11.1 shall negate the Employer’s authority under Article 10 to establish different work schedules or work shifts. 11.2 Compensatory Time: Employees shall be permitted to accumulate compensatory time in lieu of overtime compensation up to a maximum of one hundred (100) hours. Any hours accumulated 7 beyond the maximum of 100 hours shall be paid to the Employee in the next pay period. All accumulated compensatory time over forty (40) hours will be paid to the employee no later than the last pay period in November of each year. Compensatory time in lieu of overtime compensation also applies when working outside of the division. ARTICLE 12 - ON CALL AND CALL BACK PAY 12.1 On Call. An employee assigned to the Utilities Division who is assigned to be on-call for Utilities- related emergencies shall receive a payment equivalent to one (1) hour pay at their regular rate of pay for on call duties. Additionally, said employee shall receive a payment equivalent to two (2) hours pay at their regular rate of pay for on-call duties on Saturday; a payment equivalent to two (2) hours pay at their regular rate of pay for on-call duties on Sunday; and a payment equivalent to four (4) hours pay at their regular rate of pay for on-call duties on an observed holiday, regardless of whether the observed holiday falls on a weekday or weekend. 12.2 Call Back Pay. An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two hours pay at time and one-half (11/2) the regular rate of pay. 12.3 When an employee performs work doing utility system monitoring and operation activities from a remote location, apart from employee’s regular scheduled shift, employee shall be paid one and one half (l- 1/2) times the employee's regular rate of pay for said work hours. ARTICLE 13 – SENIORITY 13.1 Seniority will be determined by an employee's length of continuous full-time service with the Employer and shall be posted in an appropriate location. 13.2 Seniority will be the determining criterion for layoffs when all job-relevant qualification factors are equal. 13.3 Seniority will be the determining criterion for recall when the job relevant qualifications factors are equal. Recall rights under this provision will continue for twelve (12) months after lay off. Recalled Employees shall have (10) working days after notification of recall by registered mail at the Employee's last known address to report to work or forfeit all recall rights. 13.4 Employer shall determine the positions which are to be laid off: A. In the event of a layoff, the Employer shall lay off the least senior employee(s) in the effected position and Division. B. An employee who is to be laid off may exercise their seniority, to displace (bump) the least senior employee in a lower class in which the employee is qualified. 8 C. Part-time employees, limited term appointment employees and seasonal/temporary employees in the effected position and Division shall be laid off before any full-time employees in the effected position and Division. ARTICLE 14 - JOB VACANCIES 14.1 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 15 - PROBATIONARY PERIOD 15.1 All newly hired or rehired Employees will serve a six (6) month probationary period. The six (6) month probationary period may be extended by the City Manager for an additional three (3) months. At any time during the probationary period, a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 15.2 Employees who are promoted to a higher classification will serve a six (6) month probationary period. 15.3 At any time during the promotional probationary period a promoted Employee may be returned to the Employee's previous position at the sole discretion of the Employer. ARTICLE 16 – COMPENSATION 16.1 Rates of Pay: Employees covered by this Agreement shall be compensated in accordance with the Salary Ranges marked "Appendix A" attached hereto and made a part of this Agreement. Employees' wage rates effective December 14, 2019 were determined utilizing the City's pay for performance Compensation Plan. ARTICLE 17- VACATIONS 17.1 Vacation leave may be used only to the extent that it is earned. The amount of vacation leave available to regular full-time Employees shall be earned according to the following schedule for employees hired prior to December 31, 2011: YEARS OF SERVICE ACCRUAL RATE 0 - 5 year 12 working days per year 6 - 10 year 17 working days per year 11-15 year 19 Working days per year 16 -20 year 22 working days per year 21 or more years 27 working days per year The amount of vacation leave available to regular full-time Employees shall be earned according to the following schedule for employees hired after December 31, 2011: 9 YEARS OF SERVICE ACCRUAL RATE 0 - 5 year 12 working days per year 6 - 10 year 1 5 working days per year 11-15 year 1 7 Working days per year 16 -20 year 19 working days per year 21 or more years 22 working days per year 17.2 Maximum accrual of vacation leave shall not exceed two times the employee's earned vacation for the year. 17.3 Service recognition awards shall be paid in accordance with City policies. ARTICLE 18 -SICK LEAVE 18.1 All regular full-time Employees shall earn sick leave at the rate of eight (8) hours sick leave per month. Sick leave may be used only to the extent that it is earned. Accrual of sick leave time is capped at 600 hours. Employees that have more than 600 hours of accumulated sick leave time will have one-half of those hours over 600 hours deposited in the employee's Health Care Savings Plan in accordance with City policy. 18.2 Sick leave may be used for an employee's own illness or injury or that of an immediate family member. Employees claiming sick leave may be required to provide evidence in the form of a letter from the attending doctor of the adequacy of the reason for an employee's absence during the time for which sick leave is granted. 18.3 Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer may choose to be paid the difference between the employee's normal net take home pay (i.e., regular wage less mandatory deductions) and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days, deducted from the employee's sick leave, vacation, or other accumulated benefits. ARTICLE 19 - BEREAVEMENT LEAVE 19.1 Funerals: A maximum of three (3) days of sick leave may be taken in the event of death of the employee's spouse or death in the Employee's immediate family. An additional seven (7) days of sick leave may be taken upon written approval of the City Manager. ARTICLE 20 - LEAVES OF ABSENCE 20.1 Leaves of absence shall be governed by current City policy and current law. ARTICLE 21 - INSURANCE 21.1 The Employer shall contribute the same amount as that contributed for the City's non-union employees, toward the group health, dental, health savings account (HSA) and life insurance plan for eligible employees and their dependents. The Employer will meet and discuss any reduction in the aggregate value of benefits with the Union prior to implementing the change. 10 ARTICLE 22 – HOLIDAYS 22.1 Observed Holidays. Holidays include the following: New Year's Day January 1 Martin Luther King Day Third Monday, January President's Day Third Monday, February Memorial Day Last Monday, May Independence Day July 4 Labor Day First Monday, September Columbus Day Fourth Friday in November Veteran's Day November 11 Thanksgiving Day Fourth Thursday, November Christmas Day December 25 For Employees whose normal work schedule is Monday through Friday, the holiday days which fall on a Saturday will be observed the preceding Friday. Those which fall on a Sunday will be observed the following Monday. 22.2 Regular full-time Employees shall be paid at their regular rate of pay for each of the observed holidays. Employees working on observed holidays, with the exception of the July 4th holiday, shall be paid at two (2) times the employee's regular rate of pay. Employees working on the July 4th holiday shall be paid at one and one-half (1-1/2) times the employee's regular rate of pay. ARTICLE 23 – UNIFORMS 23.1 Clothing and safety shoe allowance for a full-time regular Employee shall be $600 per year to be included in the first pay period of the year. 23.2 Employees may be issued a City cellular phone in accordance with City policy. Employees who provide their personal cell phone number to the City in lieu of a City issued cellular phone shall be reimbursed $30 per month. ARTICLE 24 - TUITION REIMBURSEMENT 24.1 Employees may be reimbursed for educational expenses when the education is relevant to the position of employment at the sole discretion of the Employer. To be eligible for reimbursement, the employee must first have prior approval from the City Manager and present proof of completion with a passing grade. Classes or programs must be approved in advance. 24.2 For graduate and undergraduate courses and technical school courses or certificates, the courses must be directly related to the employee's present position; or courses or programs must be directly related to a reasonable promotional opportunity in the same field of work as present position. If 11 the employee separates from employment within two (2) years of the date of the last class, the Employee must reimburse the City on a pro-rata basis for all expenses paid for by the City within that two year period. 24.3 Employees under this agreement will be reimbursed for expenses incurred during conference attendance including travel, meals, and registration fees. ARTICLE 25 – WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 25.2 The Parties mutually acknowledge that during the discussions which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation or either or both parties at the time this contract was negotiated or executed. ARTICLE 26 – DURATION 26.1 This Agreement shall be in effect from January 1, 2021 and shall remain in effect until December 31, 2022 thereafter unless either party gives notice as may be required by State Statute of their desire to amend this Agreement. IN WITNESS WHEREOF, the parties hereto have set their signatures. CITY OF CHANHASSEN INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 _______________________________ ______________________________________ Jason A. George, Business Manager _______________________________ ______________________________________ Chris Chantry, Business Representative Date:__________________________ Date:__________________________________ 12 APPENDIX "A" December Salary Ranges set forth below reflect a 2% increase to the minimum, midpoint, and maximum of the salary ranges of all classifications: Titles Minimum Midpoint Maximum Leads $31.51 $ 39.38 $ 47.26 Technicians, Mechanics, Heavy Equipment Operator $ 26.04 $ 32.55 $ 39.06 Operators $ 23.67 $ 29.59 $ 35.52 2021 Wage Adjustments Exceptional: 2.3% Excellent: 2.0% Satisfactory: 1.3% Unsatisfactory: 0.0% Unacceptable: 0.0% All wage adjustments shall be effective the first day of the first full pay period of the 2021 fiscal year or January 1, 2021, whichever comes first. The wage adjustments identified are for 2021 only. The Employer and Union agree to meet and negotiate wage adjustments for 2022. The City agrees to meet and discuss with the Union the Operator II Memorandum of Understanding and to update the Union on the compensation study process in the 2021 calendar year. 13 April 9, 2021 Jake Foster Assistant City Manager City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Dear Mr. Foster: This letter will confirm the agreement that the City of Chanhassen and IUOE Local 49 reached in conjunction with the negotiations of the collective bargaining agreement. In the event: 1. The City intends to hire a new employee in the bargaining unit above the applicable range minimum; and 2. The newly hired employee will be placed at a rate higher than an existing bargaining unit employee in the same classification, The City will notify the Union. The City will meet and confer with the Union if requested by the Union. Sincerely, Chris Chantry 14 April 9, 2021 Jake Foster Assistant City Manager City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Dear Mr. Foster: This letter will confirm the agreement that the City of Chanhassen and IUOE Local 49 reached in conjunction with the negotiations of the collective bargaining agreement. The Assistant City Manager and Public Works Director will hold a meeting during the life of the collective bargaining agreement with the Local 49 Business Representative to discuss Local 49's concerns regarding heavy equipment operation and discuss heavy equipment operation. Sincerely, Chris Chantry 15 February 9, 2021 Mr. Chris Chantry Area Business Representative International Union of Operating Engineers, Local 49 2829 Anthony Lane South Minneapolis, MN 55418 Dear Mr. Chantry: This letter will confirm the agreement that the City of Chanhassen and IUOE Local 49 reached in conjunction with the negotiations of the 2021 collective bargaining agreement. The City intends to conduct a comprehensive compensation analysis in 2021. The funds were made available for the study with the City Council approval of the 2021 budget. The City and Union will meet and confer as needed in 2021 to provide an update on the status of the comprehensive compensation analysis. Compensation, and the ultimately adopted compensation system, will be consistent among all Union and non-represented employee groups. Sincerely, Jake Foster Assistant City Manager 16 Memorandum of Understanding February 2021 This Memorandum of Understanding (the “MOU”), dated ___________________, 2021, by and between, the City of Chanhassen (The “City”) and the International Union of Operating Engineers Local 49 (The “Union”). Purpose The purpose of this MOU is to identify the agreement and general scope of the agreed upon creation of an additional employee classification. The additional classification will be titled, “Operator II,” and will fall between “Operator I,” and “Lead.” Scope The City will develop job descriptions for the Operator II positions in each division to include minimum qualifications. The minimum qualifications for each job description, among other determined criteria, will be used to make the determination for who is qualified and able to be promoted from Operator I to Operator II. The Union will provide input for these job descriptions and minimum qualifications as requested by the City. In addition to the job descriptions, the City will determine the initial process for the initial implementation of the Operator II classification, and process by which long term promotions will be managed after the initial implementation. It is the City’s intent to complete this work in 2021 for the implementation of the Operator II classification, along with the compensation system analysis findings, in 2022. Effective Date This MOU will be effective upon the approval of the 2021-2022 collective bargaining agreement between the City of Chanhassen and the International Union of Operating Engineers, Local No. 49 is approved and this document is executed by both parties. _________________________________ _________________________________ Laurie Hokkanen, City Manager Chris Chantry, Business Representative City of Chanhassen International Union of Operating Engineers, Local No. 49 CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Approve Temporary Modification of the Licensed Premises to serve On­Sale Beer and Wine in Kai's Sushi & Grill Sidewalk/Parking Lot Area Section CONSENT AGENDA Item No: D.14. Prepared By Kim Meuwissen, Office Manager/Deputy Clerk File No:  PROPOSED MOTION “The City Council approves a temporary modification to the licensed premises of Kai's Sushi & Grill located at 586 West 78th Street to include the contiguous sidewalk and parking lot area to the restaurant as shown on the location map, for the purpose of serving on­sale wine and beer during the COVID­19 pandemic." Approval requires a Simple Majority Vote of members present. SUMMARY Landmark Partners, Inc., the property manager for Kai's Sushi and Grill, has submitted a request to expand their licensed premises to include an outdoor seating area in order to accommodate additional guests with the use of social distancing requirements during the COVID­19 pandemic (see attached letter). The letter requests the use of a 14'x20' tent to be located in the adjacent parking lot which will be surrounded by fencing and concrete blocks  to hold the tent in place as well as act as a barrier to car traffic.  The plan shows six socially distanced tables for an occupancy of approximately of 24 seats. Landmark Partners, Inc. is also making the same request for Na's Cafe located at 566 West 78th Street; however, Na's already has a patio that is included as a part of the licensed premises. Therefore, no Council action is required for Na's Cafe.  BACKGROUND Kai's Sushi & Grill currently holds an on­sale beer and wine license.  The licensed premises consists of the restaurant only.  In order to expand the outdoor seating to serve alcohol on the sidewalk/parking lot, Kai's Sushi & Grill is requesting that the City Council grant a temporary modification to expand the licensed premises to include the contiguous sidewalk and parking lot area for this event as shown on the attached map. DISCUSSION In order to expand liquor service to an outside patio area, Landmark Partners, Inc., on behalf of Kai's Sushi & Grill, is requesting the City Council grant a temporary modification to the licensed premises to include the contiguous sidewalk and parking lot with the following conditions: CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectApprove Temporary Modification of the Licensed Premises to serve On­Sale Beer and Wine inKai's Sushi & Grill Sidewalk/Parking Lot AreaSectionCONSENT AGENDA Item No: D.14.Prepared By Kim Meuwissen, Office Manager/DeputyClerk File No: PROPOSED MOTION“The City Council approves a temporary modification to the licensed premises of Kai's Sushi & Grill located at 586West 78th Street to include the contiguous sidewalk and parking lot area to the restaurant as shown on the locationmap, for the purpose of serving on­sale wine and beer during the COVID­19 pandemic."Approval requires a Simple Majority Vote of members present.SUMMARYLandmark Partners, Inc., the property manager for Kai's Sushi and Grill, has submitted a request to expand theirlicensed premises to include an outdoor seating area in order to accommodate additional guests with the use of socialdistancing requirements during the COVID­19 pandemic (see attached letter). The letter requests the use of a 14'x20'tent to be located in the adjacent parking lot which will be surrounded by fencing and concrete blocks  to hold the tentin place as well as act as a barrier to car traffic.  The plan shows six socially distanced tables for an occupancy ofapproximately of 24 seats.Landmark Partners, Inc. is also making the same request for Na's Cafe located at 566 West 78th Street; however,Na's already has a patio that is included as a part of the licensed premises. Therefore, no Council action is required forNa's Cafe. BACKGROUNDKai's Sushi & Grill currently holds an on­sale beer and wine license.  The licensed premises consists of the restaurantonly.  In order to expand the outdoor seating to serve alcohol on the sidewalk/parking lot, Kai's Sushi & Grill isrequesting that the City Council grant a temporary modification to expand the licensed premises to include thecontiguous sidewalk and parking lot area for this event as shown on the attached map.DISCUSSIONIn order to expand liquor service to an outside patio area, Landmark Partners, Inc., on behalf of Kai's Sushi & Grill, is requesting the City Council grant a temporary modification to the licensed premises to include the contiguous sidewalk and parking lot with the following conditions: 1. The applicant must apply for and receive a permit through the temporary outdoor event ordinance from the city for the expanded seating area. 2. The applicant must provide a specific diagram of the area in which the temporary modification to the licensed premises is to occur.  The diagram must indicate how the area will be physically enclosed and the location of tables, chairs, food and beverage stations, and any other important features. 3. The applicant must submit proof of the necessary liquor liability insurance coverage for the expanded serving area. ATTACHMENTS: Request Letter Location Map Site Plan CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Fire Department Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.1. Prepared By Don Johnson, Fire Chief File No:  SUMMARY Monthly Fire Department update with call response data from March.  ATTACHMENTS: Monthly Narrative Charts and Graphs TO: Laurie Hokkanen, City Manager FROM: Don Johnson, Fire Chief DATE: April 26, 2021 SUBJ: Monthly Fire Department Update Fire Department Staffing Department staffing is at 40 paid on-call firefighters. A three year firefighter resigned in April. Two applicants submitted applications for a vacant Fire Captain position. A comprehensive hiring process will take place on April 22 with an anticipated hiring date of May 1, 2021. Fire Department Response The fire department responded to (83) calls for service in March. Call Breakdown for the month: 3 Chief Only 28 Day Only 24 Duty Crew 28 General Alarms Significant calls included the following:  (50) Rescue/EMS calls with (3) motor vehicle accidents.  (2) Fire Responses o Fire in a commercial shop located behind a residence on W.96th Street o A garbage truck fire on Powers/Utica  (2) citizen complaints for burning at the same address on multiple days Other Activities  The Minnesota State All Hazards Management Team I am assigned to was stood up to support the metro area Civil Unrest or potential wildland fires this spring. We have four teams that are on-call for a week at a time and only deployed if requested by the State of Minnesota. Our main mission will be to support the Emergency Operations Center of the requesting entity.  I conducted a meeting with regional first responders to prepare for the closing of Hwy 101 for road construction on April 5. A formal request was sent to the Chaska Fire Department Laurie Hokkanen Fire Department Update Page 2 to support mutual aid calls to ensure the community impacted by the road construction has reasonable fire department response. Chanhassen will continue to respond to all calls. The Sheriff’s Office Computer Aided Dispatch system will be updated to alert incoming units of closed roadways depending on the address requesting service.  I assisted the Maple Grove Fire Department and the Norwood Young America Fire Department with Incident Command Certification Training in April.  Significant evaluation efforts are ongoing with (3) different Self Contained Breathing Apparatus (SCBA) vendors ending with live burn evaluations on April 12. Our current equipment has reached end of life. I am working with the Finance Director on a funding source and time schedule for this purchase. Fire Training Several of our personnel in various outside training classes: o Two Fire Captains and one Firefighter in EMT class that will be finishing this month. o Two Firefighters in Fire Apparatus Operator class that will be completed in May o Myself and a Training Captain attending a Mass Casualty Train the Trainer class held in New Hope April 8. All fire personnel completed several levels of EMS training in March: o All personnel completed CPR recertification o EMT National Recertification for a portion of firefighters o New EleGARD device Train the Trainer session – remainder of the department to complete training in April. Fire Marshal Council Update for April Fire Inspections Plan review has been picking up – new construction, remodels, fire and life safety systems. Several new fire alarm panel installs and testing at several older buildings in the city. The trend continues to be 2-3 new installs a month to replace outdated systems. I attended 24 hours of virtual training in Fire Inspections and Fire Investigation in the month of March. Laurie Hokkanen Fire Department Update Page 3 Burning Restrictions Very dry weather coupled with extremely high winds for days lead to a total burning ban in the city for a number of weeks. Per the MN DNR we were in a High Fire Danger classification. We put out several notifications via city Social Media to the public. Conditions have changed with recent rain and a reversal on the burn ban has also been published.   0 10 20 30 40 50 60 70 80 90 Jan Feb Mar Calls by Type  and Month Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire 94 88 76 64 71 88 102 85 85 79 84 86 80 75 65 79 77 74 78 82 65 84 75 83 59 66 83 20 30 40 50 60 70 80 90 100 110 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Chanhassen Fire Department Calls By Month Comparison 2019 2020 2021   753 921 1,002 917 844 0 200 400 600 800 1000 1200 2017 2018 2019 2020 2021 Projected Calls for  Service by Year Rescue & Emergency  Medical Service 56% Alarm Calls 14% Good Intent Call 12% Hazardous Condition 5% Service Call 9% Fire 4% 2021 Calls for Service by % of Call Type Rescue & Emergency Medical Service Alarm Calls Good Intent Call Hazardous Condition Service Call Fire   S 11% M 18% T 15% W 16% TH 14% F 10% Sa. 16% 2021 CALLS BY  DAY OF WEEK 0 50 100 150 200 250 4‐8a 8‐12p 12‐4p 4‐8p 8‐12a CALLS BY  TIME OF DAY 2019 2020 2021 ³CH±"F) "F) ST117 H a z e ltin eBlvdHwy 7 Arboretum Blvd ArboretumBlvd £¤212 LymanBlvd GreatPlainsBlvdPowers BlvdPioneer TrlGalpinBlvdPowers BlvdFlyi ngCloudDr Minnesota River Rice Lake Lake Riley Lake Susan Rice Marsh Lake Ann Lake St. Joe Harrison Lake Lake Lucy Lotus Lake Clasen Lake Minnewashta Lake Christmas Lake Document Path: K:\Departments\Fire\FireIncidents_RMS\2021-03(March)\FireIncidentMap_March2021.aprxDate Created: 4/14/2021 Created By: City of Chanhassen - Fire Department Calls For Service - March 2021 ³CH±City Hall "F)Fire Station Railroad Rivers Lakes Parks Parcel Boundaries Fire Box Alarm Zones North Box South Box West Box µ0 4,000 Feet 0 0.5 Mile City of Chanhassen Fire Calls for Service - March 2021 Basic Incident Date Time: Incident Type (Fd1.21): Elite mnfirereport Incident Type Report (Summary) Incident Type Total Incidents Total Incidents % of Incidents Total Property Loss Total Content Loss Total Loss Incident Type Category: 1 - Fire 111 - Building fire 1 1.2%5,000 5,000 10,000 132 - Road freight or transport vehicle fire 1 1.2%1 1 2 Total: 2 Total: 2.4%Total: 5,001 Total: 5,001 Total: 10,002 Incident Type Category: 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident with injury 46 55.4% 322 - Motor vehicle accident with injuries 3 3.6% 353 - Removal of victim(s) from stalled elevator 1 1.2% Total: 50 Total: 60.2%Total: 0 Total: 0 Total: 0 Incident Type Category: 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG)2 2.4% 440​ -​ Electrical​ ​ wiring/equipment​ problem,​ other 2 2.4% 444 - Power line down 2 2.4% Total: 6 Total: 7.2%Total: 0 Total: 0 Total: 0 Incident Type Category: 5 - Service Call 554 - Assist invalid 3 3.6% 571 - Cover assignment, standby, moveup 1 1.2% Total: 4 Total: 4.8%Total: 0 Total: 0 Total: 0 Incident Type Category: 6 - Good Intent Call 611 - Dispatched and cancelled en route 4 4.8% 6111 - EMS Dispatched and cancelled en route 2 2.4% 622 - No incident found on arrival at dispatch address 2 2.4% 651 - Smoke scare, odor of smoke 2 2.4% 653 - Smoke from barbecue, tar kettle 1 1.2% 671 - HazMat release investigation w/no HazMat 1 1.2% Total: 12 Total: 14.5%Total: 0 Total: 0 Total: 0 Incident Type Category: 7 - False Alarm & False Call 733 - Smoke detector activation due to malfunction 1 1.2% 736 - CO detector activation due to malfunction 1 1.2% 741 - Sprinkler activation, no fire - unintentional 1 1.2% 743 - Smoke detector activation, no fire - unintentional 2 2.4% 746 - Carbon monoxide detector activation, no CO 2 2.4% Total: 7 Total: 8.4%Total: 0 Total: 0 Total: 0 Incident Type Category: 9 - Special Incident Type 911 - Citizen complaint 2 2.4% Total: 2 Total: 2.4%Total: 0 Total: 0 Total: 0 Total: 83 Total: 100.0%Total: 5,001 Total: 5,001 Total: 10,002 Report Filters is between '3/1/2021' and '3/31/2021' Report Criteria Is Not Blank Printed On: 04/01/2021 08:35:13 AM1 of 1 CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Law Enforcement Update Section FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE Item No: F.2. Prepared By Lt. Lance Pearce, CCSO File No:  ATTACHMENTS: Cover memo Monthly breakdown Call trends Monthly report NIBRS codes Page 1 Memo TO: Mayor Ryan and Chanhassen City Council Members FROM: Lieutenant Lance Pearce DATE: April 17, 2021 RE: Law Enforcement Update Attached are the agenda items for the City of Chanhassen council meeting April 26, 2021, for your review and consideration. 1. Carver County Sheriff’s Office City of Chanhassen March 2021 Calls for Service Summary; Group A, Group B, Non-Criminal, Traffic and Administrative. 2. Carver County Sheriff’s Office City of Chanhassen March 2021 Arrest Summary. 3. Carver County Sheriff’s Office City of Chanhassen March 2021 Citation Summary. 4. March 2021 monthly breakdown 5. 2019-2021 Call trends 6. Staffing update: One vacancy in the contract (SRO) and one patrol assignment 7. Training update: All staff were Fit tested in the last month as required by OSHA. Lieutenant Chanhassen Office March 2021 Carver County Sheriff’s Office City of Chanhassen Call for Service Total Patrol Activity=758 48 13 385 352 Felony Misdemeanor Non Criminal Traffic March 2021 Types of Calls CFS=758 0 5 10 15 20 25 30 35 Felony Assault Felony Theft Drug Felony Other March 2021 Group A 0 10 20 30 40 50 60 70 80 90 100 March 2021 Non Criminal 21 19628 104 Driving Complaint Traffic Stops Crashes Citations 2019-2021 Call Trends Carver County Sheriff’s Office City of Chanhassen 0 1 2 3 4 5 6 7 8 9 10 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestics by Month 2019 Domestics by Month 2020 Domestics by Month 2021 Domestics by Month 0 1 2 3 4 5 6 7 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Domestic Assault by Month 2019 Domestic Assault by Month 2020 Domestic Assault by Month 2021 Domestic Assault by Month 0 5 10 15 20 25 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mental Health by Month 2019 Mental Health by Month 2020 Mental Health by Month 2021 Mental Health by Month 0 10 20 30 40 50 60 70 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Fraud/ Theft by Month 2019 Fraud/ Theft by Month 2020 Fraud/ Theft by Month 2021 Fraud/ Theft by Month CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Resolution 2021­XX and 2021­XX: Conduct Public Hearing, Adopt Assessment Roll, and Award Construction Contract for 2021 City Pavement Rehabilitation Project Section PUBLIC HEARINGS Item No: H.1. Prepared By George Bender, Assistant City Engineer File No: Project No. 2020­05 PROPOSED MOTION “The City Council adopts resolutions to accept the bids for the 2021 City Pavement Rehabilitation Project No. 20­ 05, to adopt the final assessment roll and award a construction contract to Northwest Asphalt in the amount of $4,875,365.56.” Approval requires a 4/5 Vote. BACKGROUND On November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) for consultant services for the project. On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services. On January 13, 2020, the City Council approved a contract with Kimley  Horn & Associates and authorized preparation of a feasibility study. On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project with the public.  Notifications were sent to residents in the nearby areas who will be affected by the project. On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to be held on April 27, 2020. On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation of plans and specifications. On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of an advertisement to bid the project. On June 19, 2020, the City opened sealed bids for the project. On June 22, 2020, the City Council called a Public Hearing to be held on July 13, 2020. CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectResolution 2021­XX and 2021­XX: Conduct Public Hearing, Adopt Assessment Roll, andAward Construction Contract for 2021 City Pavement Rehabilitation ProjectSectionPUBLIC HEARINGS Item No: H.1.Prepared By George Bender, Assistant City Engineer File No: Project No. 2020­05PROPOSED MOTION“The City Council adopts resolutions to accept the bids for the 2021 City Pavement Rehabilitation Project No. 20­05, to adopt the final assessment roll and award a construction contract to Northwest Asphalt in the amount of$4,875,365.56.”Approval requires a 4/5 Vote.BACKGROUNDOn November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) forconsultant services for the project.On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services.On January 13, 2020, the City Council approved a contract with Kimley  Horn & Associates and authorizedpreparation of a feasibility study.On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project withthe public.  Notifications were sent to residents in the nearby areas who will be affected by the project.On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to beheld on April 27, 2020.On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation ofplans and specifications.On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On June 19, 2020, the City opened sealed bids for the project. On June 22, 2020, the City Council called a Public Hearing to be held on July 13, 2020. On July 13, 2020, the City Council held a Public Hearing and tabled adoption of the assessment roll and awarding a construction contract to July 27, 2020. On July 27, 2020, the City Council decided to not move forward with the project in 2020. On November 10, 2020, the City Council approved a contract amendment with Kimley Horn & Associates to facilitate minor updates to the 20­05 feasibility study and contract documents in addition to re­bidding the project as the 2021 City Pavement Rehabilitation project.  On January 11, 2021, the City Council accepted the feasibility report and called a Public Hearing to be held on January 25, 2021. On January 25, 2021, the City Council held a Public Hearing, ordered the improvements, and authorized preparation of plans and specifications. On February 8, 2021, the City Council accepted the plans and specifications and authorized publication of an advertisement to bid the project. On April 14, 2021, the City held a public open house to discuss the project with interested residents/property owners. DISCUSSION The 2020 City Pavement Rehabilitation project has been renamed the 2021 City Pavement Rehabilitation project.  The project number (20­05) remains the same as do the six neighborhood areas identified for rehabilitation in the project. Staff utilized the City's Pavement Management Program and site investigations to determine the project limits as shown in Figures 1­7 (attached).  None of these areas have had major rehabilitation performed after the original urbanized street construction (only maintenance activities such as pothole patching, crack­sealing, and seal coats). The six neighborhood areas follow: The Lake Lucy Road area which lies east of Powers Boulevard with approximately 0.7 miles of streets built­out between 1988 and 1992. The Redwing Lane area which also lies east of Powers Boulevard with approximately 0.5 miles of streets built­ out in 1980. The Trappers Pass area which lies north of Pleasant View Road and west of TH 101 with approximately three miles of streets built­out between 1985 and 1994. The Choctaw Circle area which lies west of TH 101 with approximately 0.4 miles of roads built­out in 1978. The Kurvers Point Road area which also lies west of TH 101 with approximately 0.6 miles of streets built­out between 1991 and 1992. The Marsh Drive area which lies north of Rice Marsh Lake and south of TH 5 with approximately 1 mile of streets built­out in 1986. All of the streets identified have deteriorated over the years and are in need of roadway pavement rehabilitation.  The project was designed in 2020 but the City decided to not move forward with the project due to several factors.  The City's revised Capital Improvement Plan for 2021­25 plans for the rehabilitation of the same project area and streets in 2021. Bidding Seven bids were received on March 12, 2021.  The bids were checked for mathematical accuracy and tabulated, and there were only minor errors made on the proposal forms.  The bid alternate was a ponding area clean­out in the Trapper's Pass project area.  The bid results are as follows: CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectResolution 2021­XX and 2021­XX: Conduct Public Hearing, Adopt Assessment Roll, andAward Construction Contract for 2021 City Pavement Rehabilitation ProjectSectionPUBLIC HEARINGS Item No: H.1.Prepared By George Bender, Assistant City Engineer File No: Project No. 2020­05PROPOSED MOTION“The City Council adopts resolutions to accept the bids for the 2021 City Pavement Rehabilitation Project No. 20­05, to adopt the final assessment roll and award a construction contract to Northwest Asphalt in the amount of$4,875,365.56.”Approval requires a 4/5 Vote.BACKGROUNDOn November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) forconsultant services for the project.On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services.On January 13, 2020, the City Council approved a contract with Kimley  Horn & Associates and authorizedpreparation of a feasibility study.On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project withthe public.  Notifications were sent to residents in the nearby areas who will be affected by the project.On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to beheld on April 27, 2020.On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation ofplans and specifications.On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On June 19, 2020, the City opened sealed bids for the project.On June 22, 2020, the City Council called a Public Hearing to be held on July 13, 2020.On July 13, 2020, the City Council held a Public Hearing and tabled adoption of the assessment roll and awarding aconstruction contract to July 27, 2020.On July 27, 2020, the City Council decided to not move forward with the project in 2020.On November 10, 2020, the City Council approved a contract amendment with Kimley Horn & Associates tofacilitate minor updates to the 20­05 feasibility study and contract documents in addition to re­bidding the project asthe 2021 City Pavement Rehabilitation project. On January 11, 2021, the City Council accepted the feasibility report and called a Public Hearing to be held onJanuary 25, 2021.On January 25, 2021, the City Council held a Public Hearing, ordered the improvements, and authorized preparationof plans and specifications.On February 8, 2021, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On April 14, 2021, the City held a public open house to discuss the project with interested residents/property owners.DISCUSSIONThe 2020 City Pavement Rehabilitation project has been renamed the 2021 City Pavement Rehabilitation project. The project number (20­05) remains the same as do the six neighborhood areas identified for rehabilitation in theproject.Staff utilized the City's Pavement Management Program and site investigations to determine the project limits as shownin Figures 1­7 (attached).  None of these areas have had major rehabilitation performed after the original urbanizedstreet construction (only maintenance activities such as pothole patching, crack­sealing, and seal coats).The six neighborhood areas follow:The Lake Lucy Road area which lies east of Powers Boulevard with approximately 0.7 miles of streets built­outbetween 1988 and 1992.The Redwing Lane area which also lies east of Powers Boulevard with approximately 0.5 miles of streets built­out in 1980.The Trappers Pass area which lies north of Pleasant View Road and west of TH 101 with approximately threemiles of streets built­out between 1985 and 1994.The Choctaw Circle area which lies west of TH 101 with approximately 0.4 miles of roads built­out in 1978.The Kurvers Point Road area which also lies west of TH 101 with approximately 0.6 miles of streets built­outbetween 1991 and 1992.The Marsh Drive area which lies north of Rice Marsh Lake and south of TH 5 with approximately 1 mile ofstreets built­out in 1986.All of the streets identified have deteriorated over the years and are in need of roadway pavement rehabilitation.  Theproject was designed in 2020 but the City decided to not move forward with the project due to several factors.  TheCity's revised Capital Improvement Plan for 2021­25 plans for the rehabilitation of the same project area and streetsin 2021.BiddingSeven bids were received on March 12, 2021.  The bids were checked for mathematical accuracy and tabulated, andthere were only minor errors made on the proposal forms.  The bid alternate was a ponding area clean­out in the Trapper's Pass project area.  The bid results are as follows: The bid tabulation indicates the low bidder was Northwest Asphalt from Shakopee, Minnesota with a total bid amount of $4,875,365.56.  Northwest Asphalt has successfully completed street projects in Chanhassen in the past.  Most recently, they completed the Orchard Lane and Lake Susan Hills rehabilitation projects.  The total project costs per area are as follows: Funding and Special Assessments Budget for the proposed work has been included in the 2021 CIP for the project to be constructed in 2021.  Funding for the street rehabilitation work is proposed to be paid by the pavement management fund (60%) and special assessments to benefiting properties (40%) for the street improvement costs.  The special assessments will be managed per the City's Assessment Practice.  City enterprise funds for the utility costs will cover the rehabilitation needs specific to each utility.  Per the City's Assessment Practice, the final cost of the assessment is based on the bid cost of the project.  The final special assessment amounts for the six neighborhood areas to be completed are as follows: Lake Lucy Lane area:  $2,771.99 Redwing Lane area:  $1,677.92 Choctaw Circle area:  $1,687.55 Kurvers Point Road area:  $3,959.18 Marsh Drive area:  $2,010.29 Trappers Pass area:  $2,785.27 The Redwing Lane and Choctaw Circle areas will be rehabilitated by a standard mill and overlay technique.  The Trappers Pass, Marsh Drive, Lake Lucy Lane, and Kurvers Point Road areas will be rehabilitated by a full depth reclamation.  The main difference in the assessment amounts is related to this primary difference. These final assessment amounts compare favorably to the preliminary assessment amounts in 2021 and the final assessment amounts proposed in 2020. CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectResolution 2021­XX and 2021­XX: Conduct Public Hearing, Adopt Assessment Roll, andAward Construction Contract for 2021 City Pavement Rehabilitation ProjectSectionPUBLIC HEARINGS Item No: H.1.Prepared By George Bender, Assistant City Engineer File No: Project No. 2020­05PROPOSED MOTION“The City Council adopts resolutions to accept the bids for the 2021 City Pavement Rehabilitation Project No. 20­05, to adopt the final assessment roll and award a construction contract to Northwest Asphalt in the amount of$4,875,365.56.”Approval requires a 4/5 Vote.BACKGROUNDOn November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) forconsultant services for the project.On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services.On January 13, 2020, the City Council approved a contract with Kimley  Horn & Associates and authorizedpreparation of a feasibility study.On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project withthe public.  Notifications were sent to residents in the nearby areas who will be affected by the project.On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to beheld on April 27, 2020.On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation ofplans and specifications.On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On June 19, 2020, the City opened sealed bids for the project.On June 22, 2020, the City Council called a Public Hearing to be held on July 13, 2020.On July 13, 2020, the City Council held a Public Hearing and tabled adoption of the assessment roll and awarding aconstruction contract to July 27, 2020.On July 27, 2020, the City Council decided to not move forward with the project in 2020.On November 10, 2020, the City Council approved a contract amendment with Kimley Horn & Associates tofacilitate minor updates to the 20­05 feasibility study and contract documents in addition to re­bidding the project asthe 2021 City Pavement Rehabilitation project. On January 11, 2021, the City Council accepted the feasibility report and called a Public Hearing to be held onJanuary 25, 2021.On January 25, 2021, the City Council held a Public Hearing, ordered the improvements, and authorized preparationof plans and specifications.On February 8, 2021, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On April 14, 2021, the City held a public open house to discuss the project with interested residents/property owners.DISCUSSIONThe 2020 City Pavement Rehabilitation project has been renamed the 2021 City Pavement Rehabilitation project. The project number (20­05) remains the same as do the six neighborhood areas identified for rehabilitation in theproject.Staff utilized the City's Pavement Management Program and site investigations to determine the project limits as shownin Figures 1­7 (attached).  None of these areas have had major rehabilitation performed after the original urbanizedstreet construction (only maintenance activities such as pothole patching, crack­sealing, and seal coats).The six neighborhood areas follow:The Lake Lucy Road area which lies east of Powers Boulevard with approximately 0.7 miles of streets built­outbetween 1988 and 1992.The Redwing Lane area which also lies east of Powers Boulevard with approximately 0.5 miles of streets built­out in 1980.The Trappers Pass area which lies north of Pleasant View Road and west of TH 101 with approximately threemiles of streets built­out between 1985 and 1994.The Choctaw Circle area which lies west of TH 101 with approximately 0.4 miles of roads built­out in 1978.The Kurvers Point Road area which also lies west of TH 101 with approximately 0.6 miles of streets built­outbetween 1991 and 1992.The Marsh Drive area which lies north of Rice Marsh Lake and south of TH 5 with approximately 1 mile ofstreets built­out in 1986.All of the streets identified have deteriorated over the years and are in need of roadway pavement rehabilitation.  Theproject was designed in 2020 but the City decided to not move forward with the project due to several factors.  TheCity's revised Capital Improvement Plan for 2021­25 plans for the rehabilitation of the same project area and streetsin 2021.BiddingSeven bids were received on March 12, 2021.  The bids were checked for mathematical accuracy and tabulated, andthere were only minor errors made on the proposal forms.  The bid alternate was a ponding area clean­out in theTrapper's Pass project area.  The bid results are as follows:The bid tabulation indicates the low bidder was Northwest Asphalt from Shakopee, Minnesota with a total bid amountof $4,875,365.56.  Northwest Asphalt has successfully completed street projects in Chanhassen in the past.  Mostrecently, they completed the Orchard Lane and Lake Susan Hills rehabilitation projects. The total project costs per area are as follows:Funding and Special AssessmentsBudget for the proposed work has been included in the 2021 CIP for the project to be constructed in 2021.  Fundingfor the street rehabilitation work is proposed to be paid by the pavement management fund (60%) and specialassessments to benefiting properties (40%) for the street improvement costs.  The special assessments will bemanaged per the City's Assessment Practice.  City enterprise funds for the utility costs will cover the rehabilitationneeds specific to each utility.  Per the City's Assessment Practice, the final cost of the assessment is based on the bidcost of the project. The final special assessment amounts for the six neighborhood areas to be completed are as follows:Lake Lucy Lane area:  $2,771.99Redwing Lane area:  $1,677.92Choctaw Circle area:  $1,687.55Kurvers Point Road area:  $3,959.18Marsh Drive area:  $2,010.29Trappers Pass area:  $2,785.27The Redwing Lane and Choctaw Circle areas will be rehabilitated by a standard mill and overlay technique.  TheTrappers Pass, Marsh Drive, Lake Lucy Lane, and Kurvers Point Road areas will be rehabilitated by a full depthreclamation.  The main difference in the assessment amounts is related to this primary difference.These final assessment amounts compare favorably to the preliminary assessment amounts in 2021 and the final assessment amounts proposed in 2020. A summary of the assessment calculation for each project area is as follows: Policy Decision/Action To Be Considered Prior to completion of the assessment hearing, any property owner who wants to object to their assessment must file a signed written objection or they waive their right to appeal.  The Council may accept or modify the assessment amount as presented.  Assessment Hearing Procedure Per MN State Statute requirements, notices were mailed to properties proposed to be assessed on April 7, 2021.  An affidavit of mailing is included in the attachments.  The Assessment Hearing was also published in the Chanhassen Villager on April 8, 2021.  The affidavit of publication in the Villager is not available as of yet due to the billing cycle of the newspaper. CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectResolution 2021­XX and 2021­XX: Conduct Public Hearing, Adopt Assessment Roll, andAward Construction Contract for 2021 City Pavement Rehabilitation ProjectSectionPUBLIC HEARINGS Item No: H.1.Prepared By George Bender, Assistant City Engineer File No: Project No. 2020­05PROPOSED MOTION“The City Council adopts resolutions to accept the bids for the 2021 City Pavement Rehabilitation Project No. 20­05, to adopt the final assessment roll and award a construction contract to Northwest Asphalt in the amount of$4,875,365.56.”Approval requires a 4/5 Vote.BACKGROUNDOn November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) forconsultant services for the project.On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services.On January 13, 2020, the City Council approved a contract with Kimley  Horn & Associates and authorizedpreparation of a feasibility study.On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project withthe public.  Notifications were sent to residents in the nearby areas who will be affected by the project.On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to beheld on April 27, 2020.On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation ofplans and specifications.On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On June 19, 2020, the City opened sealed bids for the project.On June 22, 2020, the City Council called a Public Hearing to be held on July 13, 2020.On July 13, 2020, the City Council held a Public Hearing and tabled adoption of the assessment roll and awarding aconstruction contract to July 27, 2020.On July 27, 2020, the City Council decided to not move forward with the project in 2020.On November 10, 2020, the City Council approved a contract amendment with Kimley Horn & Associates tofacilitate minor updates to the 20­05 feasibility study and contract documents in addition to re­bidding the project asthe 2021 City Pavement Rehabilitation project. On January 11, 2021, the City Council accepted the feasibility report and called a Public Hearing to be held onJanuary 25, 2021.On January 25, 2021, the City Council held a Public Hearing, ordered the improvements, and authorized preparationof plans and specifications.On February 8, 2021, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On April 14, 2021, the City held a public open house to discuss the project with interested residents/property owners.DISCUSSIONThe 2020 City Pavement Rehabilitation project has been renamed the 2021 City Pavement Rehabilitation project. The project number (20­05) remains the same as do the six neighborhood areas identified for rehabilitation in theproject.Staff utilized the City's Pavement Management Program and site investigations to determine the project limits as shownin Figures 1­7 (attached).  None of these areas have had major rehabilitation performed after the original urbanizedstreet construction (only maintenance activities such as pothole patching, crack­sealing, and seal coats).The six neighborhood areas follow:The Lake Lucy Road area which lies east of Powers Boulevard with approximately 0.7 miles of streets built­outbetween 1988 and 1992.The Redwing Lane area which also lies east of Powers Boulevard with approximately 0.5 miles of streets built­out in 1980.The Trappers Pass area which lies north of Pleasant View Road and west of TH 101 with approximately threemiles of streets built­out between 1985 and 1994.The Choctaw Circle area which lies west of TH 101 with approximately 0.4 miles of roads built­out in 1978.The Kurvers Point Road area which also lies west of TH 101 with approximately 0.6 miles of streets built­outbetween 1991 and 1992.The Marsh Drive area which lies north of Rice Marsh Lake and south of TH 5 with approximately 1 mile ofstreets built­out in 1986.All of the streets identified have deteriorated over the years and are in need of roadway pavement rehabilitation.  Theproject was designed in 2020 but the City decided to not move forward with the project due to several factors.  TheCity's revised Capital Improvement Plan for 2021­25 plans for the rehabilitation of the same project area and streetsin 2021.BiddingSeven bids were received on March 12, 2021.  The bids were checked for mathematical accuracy and tabulated, andthere were only minor errors made on the proposal forms.  The bid alternate was a ponding area clean­out in theTrapper's Pass project area.  The bid results are as follows:The bid tabulation indicates the low bidder was Northwest Asphalt from Shakopee, Minnesota with a total bid amountof $4,875,365.56.  Northwest Asphalt has successfully completed street projects in Chanhassen in the past.  Mostrecently, they completed the Orchard Lane and Lake Susan Hills rehabilitation projects. The total project costs per area are as follows:Funding and Special AssessmentsBudget for the proposed work has been included in the 2021 CIP for the project to be constructed in 2021.  Fundingfor the street rehabilitation work is proposed to be paid by the pavement management fund (60%) and specialassessments to benefiting properties (40%) for the street improvement costs.  The special assessments will bemanaged per the City's Assessment Practice.  City enterprise funds for the utility costs will cover the rehabilitationneeds specific to each utility.  Per the City's Assessment Practice, the final cost of the assessment is based on the bidcost of the project. The final special assessment amounts for the six neighborhood areas to be completed are as follows:Lake Lucy Lane area:  $2,771.99Redwing Lane area:  $1,677.92Choctaw Circle area:  $1,687.55Kurvers Point Road area:  $3,959.18Marsh Drive area:  $2,010.29Trappers Pass area:  $2,785.27The Redwing Lane and Choctaw Circle areas will be rehabilitated by a standard mill and overlay technique.  TheTrappers Pass, Marsh Drive, Lake Lucy Lane, and Kurvers Point Road areas will be rehabilitated by a full depthreclamation.  The main difference in the assessment amounts is related to this primary difference.These final assessment amounts compare favorably to the preliminary assessment amounts in 2021 and the finalassessment amounts proposed in 2020.A summary of the assessment calculation for each project area is as follows:Policy Decision/Action To Be ConsideredPrior to completion of the assessment hearing, any property owner who wants to object to their assessment must file asigned written objection or they waive their right to appeal.  The Council may accept or modify the assessment amountas presented. Assessment Hearing ProcedurePer MN State Statute requirements, notices were mailed to properties proposed to be assessed on April 7, 2021.  Anaffidavit of mailing is included in the attachments.  The Assessment Hearing was also published in the ChanhassenVillageron April 8, 2021.  The affidavit of publication in the Villager is not available as of yet due to the billing cycle of the newspaper. Staff will provide a brief explanation of the work along with the proposed assessment amount.  Any issues that the City Council wishes to discuss regarding the project financing is appropriate during the public hearing portion of the project.  Public testimony should be received for the project.  The property owners should be reminded that if they desire to object to their assessment; they must file a signed written objection with the city either prior to or during the actual public hearing for the project.  Objections after the public hearing are invalid. An assessment objection is a request by the property owner for the Council to review the assessment amount.  Staff may have an immediate response to individual comments.  If the City Council feels an objection cannot be addressed immediately, the objection should be received and referred to Staff for investigation.  The remaining assessment roll should be adopted in order for the project to stay on schedule.  At the next City Council meeting, a report will be presented to Council regarding all objections. If there are no objections filed, or if Council feels Staff’s investigation will not result in any changes being made to the assessment roll, a motion by the City Council to adopt the assessment roll as prepared is needed for the project.   Assessment Objections Objections may be filed up to and at the public hearing.  At the time of this submittal, no written objections have been received.  If any written objections are received in the interim prior to the Council meeting, they will be provided to the Council at the public hearing.  Staff comments and recommendations will also be provided at the public hearing.  The City Council may choose to adopt Staff’s recommendation or revise the assessment roll.  If additional objections are filed either prior to or at the hearing, they should be received and if necessary, referred to Staff for investigation and resolution. Special Assessments Per the city’s Assessment Practice, 40% of the street costs are proposed to be assessed to the benefiting properties in addition to the methodology described previously of a 'Residential Equivalency.'  When the assessments take effect, they are proposed for an 8­year term at an interest rate of up to 5.25% in accordance with the City's Assessment Policy.  The interest rate is calculated at the prime rate at the time of the bid opening (3.25%) plus 2%.   Schedule An open house was hosted on April 14, 2021, at the Chanhassen Recreation Center to address any assessment­ related questions and discuss the project. The projected construction schedule for the project is as follows: Staff will coordinate with the the low bidder upon award of the project to Northwest Asphalt to finalize a preliminary construction schedule.  A pre­construction meeting has tentatively been set up on April 29, 2021 in order to facilitate an early May construction start date. RECOMMENDATION CITY COUNCIL STAFF REPORTMonday, April 26, 2021SubjectResolution 2021­XX and 2021­XX: Conduct Public Hearing, Adopt Assessment Roll, andAward Construction Contract for 2021 City Pavement Rehabilitation ProjectSectionPUBLIC HEARINGS Item No: H.1.Prepared By George Bender, Assistant City Engineer File No: Project No. 2020­05PROPOSED MOTION“The City Council adopts resolutions to accept the bids for the 2021 City Pavement Rehabilitation Project No. 20­05, to adopt the final assessment roll and award a construction contract to Northwest Asphalt in the amount of$4,875,365.56.”Approval requires a 4/5 Vote.BACKGROUNDOn November 27, 2019, the Engineering Department prepared and released a request for proposals (RFP) forconsultant services for the project.On December 20, 2019, the Engineering Department received two proposals from consultants for consultant services.On January 13, 2020, the City Council approved a contract with Kimley  Horn & Associates and authorizedpreparation of a feasibility study.On February 11, 2020, the Engineering Department hosted an open house to introduce and discuss the project withthe public.  Notifications were sent to residents in the nearby areas who will be affected by the project.On April 13, 2020, the City Council accepted the feasibility report for the project and called for a public hearing to beheld on April 27, 2020.On April 27, 2020, the City Council held a Public Hearing, ordered the improvements, and authorized preparation ofplans and specifications.On May 26, 2020, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On June 19, 2020, the City opened sealed bids for the project.On June 22, 2020, the City Council called a Public Hearing to be held on July 13, 2020.On July 13, 2020, the City Council held a Public Hearing and tabled adoption of the assessment roll and awarding aconstruction contract to July 27, 2020.On July 27, 2020, the City Council decided to not move forward with the project in 2020.On November 10, 2020, the City Council approved a contract amendment with Kimley Horn & Associates tofacilitate minor updates to the 20­05 feasibility study and contract documents in addition to re­bidding the project asthe 2021 City Pavement Rehabilitation project. On January 11, 2021, the City Council accepted the feasibility report and called a Public Hearing to be held onJanuary 25, 2021.On January 25, 2021, the City Council held a Public Hearing, ordered the improvements, and authorized preparationof plans and specifications.On February 8, 2021, the City Council accepted the plans and specifications and authorized publication of anadvertisement to bid the project.On April 14, 2021, the City held a public open house to discuss the project with interested residents/property owners.DISCUSSIONThe 2020 City Pavement Rehabilitation project has been renamed the 2021 City Pavement Rehabilitation project. The project number (20­05) remains the same as do the six neighborhood areas identified for rehabilitation in theproject.Staff utilized the City's Pavement Management Program and site investigations to determine the project limits as shownin Figures 1­7 (attached).  None of these areas have had major rehabilitation performed after the original urbanizedstreet construction (only maintenance activities such as pothole patching, crack­sealing, and seal coats).The six neighborhood areas follow:The Lake Lucy Road area which lies east of Powers Boulevard with approximately 0.7 miles of streets built­outbetween 1988 and 1992.The Redwing Lane area which also lies east of Powers Boulevard with approximately 0.5 miles of streets built­out in 1980.The Trappers Pass area which lies north of Pleasant View Road and west of TH 101 with approximately threemiles of streets built­out between 1985 and 1994.The Choctaw Circle area which lies west of TH 101 with approximately 0.4 miles of roads built­out in 1978.The Kurvers Point Road area which also lies west of TH 101 with approximately 0.6 miles of streets built­outbetween 1991 and 1992.The Marsh Drive area which lies north of Rice Marsh Lake and south of TH 5 with approximately 1 mile ofstreets built­out in 1986.All of the streets identified have deteriorated over the years and are in need of roadway pavement rehabilitation.  Theproject was designed in 2020 but the City decided to not move forward with the project due to several factors.  TheCity's revised Capital Improvement Plan for 2021­25 plans for the rehabilitation of the same project area and streetsin 2021.BiddingSeven bids were received on March 12, 2021.  The bids were checked for mathematical accuracy and tabulated, andthere were only minor errors made on the proposal forms.  The bid alternate was a ponding area clean­out in theTrapper's Pass project area.  The bid results are as follows:The bid tabulation indicates the low bidder was Northwest Asphalt from Shakopee, Minnesota with a total bid amountof $4,875,365.56.  Northwest Asphalt has successfully completed street projects in Chanhassen in the past.  Mostrecently, they completed the Orchard Lane and Lake Susan Hills rehabilitation projects. The total project costs per area are as follows:Funding and Special AssessmentsBudget for the proposed work has been included in the 2021 CIP for the project to be constructed in 2021.  Fundingfor the street rehabilitation work is proposed to be paid by the pavement management fund (60%) and specialassessments to benefiting properties (40%) for the street improvement costs.  The special assessments will bemanaged per the City's Assessment Practice.  City enterprise funds for the utility costs will cover the rehabilitationneeds specific to each utility.  Per the City's Assessment Practice, the final cost of the assessment is based on the bidcost of the project. The final special assessment amounts for the six neighborhood areas to be completed are as follows:Lake Lucy Lane area:  $2,771.99Redwing Lane area:  $1,677.92Choctaw Circle area:  $1,687.55Kurvers Point Road area:  $3,959.18Marsh Drive area:  $2,010.29Trappers Pass area:  $2,785.27The Redwing Lane and Choctaw Circle areas will be rehabilitated by a standard mill and overlay technique.  TheTrappers Pass, Marsh Drive, Lake Lucy Lane, and Kurvers Point Road areas will be rehabilitated by a full depthreclamation.  The main difference in the assessment amounts is related to this primary difference.These final assessment amounts compare favorably to the preliminary assessment amounts in 2021 and the finalassessment amounts proposed in 2020.A summary of the assessment calculation for each project area is as follows:Policy Decision/Action To Be ConsideredPrior to completion of the assessment hearing, any property owner who wants to object to their assessment must file asigned written objection or they waive their right to appeal.  The Council may accept or modify the assessment amountas presented. Assessment Hearing ProcedurePer MN State Statute requirements, notices were mailed to properties proposed to be assessed on April 7, 2021.  Anaffidavit of mailing is included in the attachments.  The Assessment Hearing was also published in the ChanhassenVillageron April 8, 2021.  The affidavit of publication in the Villager is not available as of yet due to the billing cycleof the newspaper.Staff will provide a brief explanation of the work along with the proposed assessment amount.  Any issues that the CityCouncil wishes to discuss regarding the project financing is appropriate during the public hearing portion of theproject.  Public testimony should be received for the project.  The property owners should be reminded that if theydesire to object to their assessment; they must file a signed written objection with the city either prior to or during theactual public hearing for the project.  Objections after the public hearing are invalid.An assessment objection is a request by the property owner for the Council to review the assessment amount.  Staffmay have an immediate response to individual comments.  If the City Council feels an objection cannot be addressedimmediately, the objection should be received and referred to Staff for investigation.  The remaining assessment rollshould be adopted in order for the project to stay on schedule.  At the next City Council meeting, a report will bepresented to Council regarding all objections.If there are no objections filed, or if Council feels Staff’s investigation will not result in any changes being made to theassessment roll, a motion by the City Council to adopt the assessment roll as prepared is needed for the project.  Assessment ObjectionsObjections may be filed up to and at the public hearing.  At the time of this submittal, no written objections have beenreceived.  If any written objections are received in the interim prior to the Council meeting, they will be provided to theCouncil at the public hearing.  Staff comments and recommendations will also be provided at the public hearing.  TheCity Council may choose to adopt Staff’s recommendation or revise the assessment roll.  If additional objections arefiled either prior to or at the hearing, they should be received and if necessary, referred to Staff for investigation andresolution.Special AssessmentsPer the city’s Assessment Practice, 40% of the street costs are proposed to be assessed to the benefiting propertiesin addition to the methodology described previously of a 'Residential Equivalency.'  When the assessments take effect,they are proposed for an 8­year term at an interest rate of up to 5.25% in accordance with the City's AssessmentPolicy.  The interest rate is calculated at the prime rate at the time of the bid opening (3.25%) plus 2%.  ScheduleAn open house was hosted on April 14, 2021, at the Chanhassen Recreation Center to address any assessment­related questions and discuss the project.The projected construction schedule for the project is as follows:Staff will coordinate with the the low bidder upon award of the project to Northwest Asphalt to finalize a preliminaryconstruction schedule.  A pre­construction meeting has tentatively been set up on April 29, 2021 in order to facilitate anearly May construction start date. RECOMMENDATION Staff recommends the City Council adopt these resolutions. ATTACHMENTS: Figures 1­7 Bid Tabulation Affidavit of Mailed Notice of Assessment Hearing Published Notice of Assessment Hearing 2021 CIP Sheets Resolution ­ Adopt Assessment Roll Resolution ­ Accept Bids & Award Contract 2020 City Pavement Rehabilitation Maps (Figures 1-7) Figure 1: Lake Lucy Road Area Map Figure 2: Choctaw Circle Area Map Figure 3: Kurvers Point Road Area Map Figure 4: Marsh Drive Area Map Figure 5: Redwing Lane Area Map Figure 6: Trappers Pass (West) Area Map Figure 7: Trappers Pass (East) Area Map C.P. 20-05 - BID TABULATION Owner:CITY OF CHANHASSEN Project:2021 CITY PAVEMENT REHABILITATION PROJECT Date:MARCH 12, 2021 Schedule:A TRAPPERS PASS AREA Item No Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 149,976.00$149,976.00$50,000.00$50,000.00$92,000.00$92,000.00$156,000.00$156,000.00$73,940.05$73,940.05$98,300.00$98,300.00$50,000.00$50,000.00$ 2 2101.524 CLEARING TREE 18 270.00$4,860.00$209.00$3,762.00$265.00$4,770.00$243.00$4,374.00$210.00$3,780.00$202.00$3,636.00$550.00$9,900.00$ 3 2101.524 GRUBBING TREE 18 180.00$3,240.00$104.00$1,872.00$184.00$3,312.00$106.00$1,908.00$110.00$1,980.00$101.00$1,818.00$125.00$2,250.00$ 4 2104.502 REMOVE PIPE APRON EACH 3 200.00$600.00$725.00$2,175.00$400.00$1,200.00$726.00$2,178.00$710.00$2,130.00$695.00$2,085.00$450.00$1,350.00$ 5 2104.502 REMOVE MANHOLE OR CATCH BASIN EACH 29 400.00$11,600.00$725.00$21,025.00$412.00$11,948.00$726.00$21,054.00$710.00$20,590.00$695.00$20,155.00$550.00$15,950.00$ 6 2104.502 REMOVE SEWER PIPE (STORM)LIN FT 88 10.00$880.00$16.40$1,443.20$36.00$3,168.00$16.45$1,447.60$16.00$1,408.00$15.80$1,390.40$12.00$1,056.00$ 7 2104.502 SALVAGE MAIL BOX SUPPORT EACH 27 50.00$1,350.00$52.10$1,406.70$51.00$1,377.00$52.75$1,424.25$52.00$1,404.00$50.50$1,363.50$50.00$1,350.00$ 8 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT 70 5.00$350.00$5.21$364.70$5.35$374.50$5.30$371.00$5.50$385.00$3.05$213.50$5.00$350.00$ 9 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 1000 2.50$2,500.00$1.88$1,880.00$2.15$2,150.00$4.10$4,100.00$2.00$2,000.00$2.55$2,550.00$1.80$1,800.00$ 10 2104.503 REMOVE CURB & GUTTER LIN FT 3150 7.75$24,412.50$7.09$22,333.50$5.00$15,750.00$6.30$19,845.00$8.50$26,775.00$6.50$20,475.00$5.10$16,065.00$ 11 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 75 17.50$1,312.50$22.00$1,650.00$9.00$675.00$14.10$1,057.50$22.00$1,650.00$11.30$847.50$17.34$1,300.50$ 12 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 600 8.75$5,250.00$8.30$4,980.00$3.00$1,800.00$6.40$3,840.00$9.00$5,400.00$9.75$5,850.00$15.30$9,180.00$ 13 2104.518 REMOVE BITUMINOUS WALK SQ FT 250 1.00$250.00$0.98$245.00$1.00$250.00$1.00$250.00$2.00$500.00$1.60$400.00$1.79$447.50$ 14 2104.604 REMOVE CONCRETE VALLEY GUTTER SQ YD 30 23.00$690.00$12.00$360.00$8.00$240.00$14.10$423.00$22.00$660.00$18.80$564.00$17.34$520.20$ 15 2104.618 SALVAGE BRICK PAVERS SQ FT 150 2.50$375.00$5.51$826.50$2.65$397.50$10.55$1,582.50$5.00$750.00$3.40$510.00$25.00$3,750.00$ 16 2105.507 SUBGRADE EXCAVATION (EV)CU YD 1100 27.64$30,404.00$29.70$32,670.00$19.50$21,450.00$26.40$29,040.00$36.00$39,600.00$16.00$17,600.00$20.00$22,000.00$ 17 2105.507 CHANNEL AND POND EXCAVATION (LV)CU YD 100 35.00$3,500.00$59.80$5,980.00$26.25$2,625.00$58.05$5,805.00$62.00$6,200.00$30.40$3,040.00$50.00$5,000.00$ 18 2106.507 COMMON EMBANKMENT (CV)CU YD 1300 0.01$13.00$9.51$12,363.00$26.25$34,125.00$11.40$14,820.00$11.00$14,300.00$10.90$14,170.00$15.00$19,500.00$ 19 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 100 150.00$15,000.00$170.00$17,000.00$170.00$17,000.00$132.00$13,200.00$1.00$100.00$131.00$13,100.00$150.00$15,000.00$ 20 2130.523 WATER M GALLON 100 50.00$5,000.00$28.30$2,830.00$92.00$9,200.00$38.65$3,865.00$50.00$5,000.00$25.70$2,570.00$35.00$3,500.00$ 21 2211.507 AGGREGATE BASE (CV) CLASS 5 (RECLAIM)CU YD 1800 0.01$18.00$12.30$22,140.00$12.60$22,680.00$6.00$10,800.00$15.00$27,000.00$12.80$23,040.00$45.00$81,000.00$ 22 2215.504 FULL DEPTH RECLAMATION SQ YD 61000 3.08$187,880.00$5.24$319,640.00$2.85$173,850.00$1.90$115,900.00$4.10$250,100.00$2.80$170,800.00$1.50$91,500.00$ 23 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLON 3700 2.50$9,250.00$0.01$37.00$2.50$9,250.00$2.50$9,250.00$2.00$7,400.00$0.01$37.00$2.25$8,325.00$ 24 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 7800 64.25$501,150.00$60.00$468,000.00$69.70$543,660.00$68.95$537,810.00$69.00$538,200.00$67.10$523,380.00$71.35$556,530.00$ 25 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3;C)TON 7800 60.08$468,624.00$60.00$468,000.00$66.00$514,800.00$63.20$492,960.00$65.00$507,000.00$65.40$510,120.00$67.74$528,372.00$ 26 2360.604 BITUMINOUS DRIVEWAY PAVEMENT SQ YD 600 44.66$26,796.00$28.90$17,340.00$25.00$15,000.00$29.20$17,520.00$28.00$16,800.00$43.30$25,980.00$25.00$15,000.00$ 27 2451.609 COARSE FILTER AGGREGATE FOUNDATION TON 200 20.00$4,000.00$44.40$8,880.00$42.00$8,400.00$44.50$8,900.00$44.00$8,800.00$42.60$8,520.00$35.00$7,000.00$ 28 2501.606 CHEMICAL GROUT GALLON 200 53.00$10,600.00$52.10$10,420.00$203.00$40,600.00$52.75$10,550.00$170.00$34,000.00$50.50$10,100.00$50.00$10,000.00$ 29 2501.502 12" RC PIPE APRON EACH 1 1,195.00$1,195.00$1,161.00$1,161.00$1,430.00$1,430.00$1,163.00$1,163.00$1,135.00$1,135.00$1,110.00$1,110.00$1,150.00$1,150.00$ 30 2501.502 15” RC PIPE APRON EACH 1 1,355.00$1,355.00$1,200.00$1,200.00$1,460.00$1,460.00$1,202.00$1,202.00$1,175.00$1,175.00$1,150.00$1,150.00$1,425.00$1,425.00$ 31 2501.502 18" RC PIPE APRON EACH 1 1,440.00$1,440.00$1,262.00$1,262.00$1,475.00$1,475.00$1,264.00$1,264.00$1,250.00$1,250.00$1,210.00$1,210.00$1,875.00$1,875.00$ 32 2502.503 4" PERF TP PIPE DRAIN LIN FT 2600 19.27$50,102.00$21.20$55,120.00$23.15$60,190.00$21.20$55,120.00$23.00$59,800.00$21.00$54,600.00$19.90$51,740.00$ 33 2502.503 4" PERF TP PIPE DRAIN - REMOVE AND INSTALL LIN FT 250 22.36$5,590.00$23.60$5,900.00$23.15$5,787.50$23.65$5,912.50$25.00$6,250.00$23.40$5,850.00$24.80$6,200.00$ 34 2502.503 6" PERF TP PIPE DRAIN - REMOVE AND INSTALL LIN FT 500 24.66$12,330.00$26.30$13,150.00$25.45$12,725.00$26.40$13,200.00$27.00$13,500.00$26.00$13,000.00$26.80$13,400.00$ 35 2502.503 8" PERF TP PIPE DRAIN - REMOVE AND INSTALL LIN FT 450 28.66$12,897.00$31.00$13,950.00$29.30$13,185.00$31.00$13,950.00$33.00$14,850.00$30.40$13,680.00$61.80$27,810.00$ 36 2502.503 4" PERF TP PIPE DRAIN - SCHED 40 LIN FT 80 24.05$1,924.00$19.80$1,584.00$26.50$2,120.00$19.85$1,588.00$24.00$1,920.00$19.70$1,576.00$35.90$2,872.00$ 37 2502.601 LANDSCAPING PROVISION LUMP SUM 1 10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$10,000.00$ 38 2503.603 CLEAN STORM SEWER LIN FT 400 21.00$8,400.00$15.50$6,200.00$3.50$1,400.00$18.45$7,380.00$4.00$1,600.00$5.65$2,260.00$5.00$2,000.00$ 39 2503.602 CONNECT TO EXISTING STORM SEWER EACH 56 800.00$44,800.00$834.00$46,704.00$665.00$37,240.00$835.00$46,760.00$820.00$45,920.00$800.00$44,800.00$975.00$54,600.00$ 40 2503.503 12" RC PIPE SEWER DES 3006 CL V LIN FT 26 48.37$1,257.62$52.60$1,367.60$65.00$1,690.00$52.75$1,371.50$52.00$1,352.00$50.50$1,313.00$52.00$1,352.00$ 41 2503.503 15" RC PIPE SEWER DES 3006 CL V LIN FT 40 50.86$2,034.40$51.50$2,060.00$66.00$2,640.00$51.60$2,064.00$53.00$2,120.00$494.00$19,760.00$58.00$2,320.00$ 42 2503.503 18" RC PIPE SEWER DES 3006 CL V LIN FT 37 54.37$2,011.69$58.90$2,179.30$70.00$2,590.00$58.95$2,181.15$58.00$2,146.00$56.50$2,090.50$74.00$2,738.00$ Duininck Valley Paving Park Construction Northwest Asphalt SM Hentge and Sons, Inc Bituminous Roadways GMH Asphalt Corp. C.P. 20-05 - BID TABULATION Owner:CITY OF CHANHASSEN Project:2021 CITY PAVEMENT REHABILITATION PROJECT Date:MARCH 12, 2021 Duininck Valley Paving Park Construction Northwest Asphalt SM Hentge and Sons, Inc Bituminous Roadways GMH Asphalt Corp. 43 2503.602 CHANHASSEN 26" LID EACH 90 199.00$17,910.00$245.00$22,050.00$575.00$51,750.00$198.00$17,820.00$220.00$19,800.00$202.00$18,180.00$191.44$17,229.60$ 44 2503.602 INSTALL I & I BARRIER EACH 90 164.00$14,760.00$275.00$24,750.00$462.00$41,580.00$179.00$16,110.00$220.00$19,800.00$256.00$23,040.00$320.00$28,800.00$ 45 2503.602 RECONSTRUCT SANITARY SEWER MANHOLE EACH 1 2,883.00$2,883.00$1,687.00$1,687.00$4,280.00$4,280.00$1,690.00$1,690.00$1,650.00$1,650.00$1,620.00$1,620.00$1,625.00$1,625.00$ 46 2504.602 VALVE BOLT REPLACEMENT EACH 77 2,685.00$206,745.00$3,126.00$240,702.00$1,339.00$103,103.00$3,312.00$255,024.00$3,200.00$246,400.00$3,060.00$235,620.00$3,350.00$257,950.00$ 47 2506.502 CASTING ASSEMBLY EACH 26 460.00$11,960.00$579.00$15,054.00$1,219.00$31,694.00$697.00$18,122.00$655.00$17,030.00$734.00$19,084.00$591.29$15,373.54$ 48 2506.502 ADJUST FRAME & RING CASTING EACH 94 798.00$75,012.00$559.00$52,546.00$747.00$70,218.00$773.00$72,662.00$765.00$71,910.00$939.00$88,266.00$875.00$82,250.00$ 49 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 108.19 764.00$82,657.16$508.00$54,960.52$387.00$41,869.53$509.00$55,068.71$500.00$54,095.00$487.00$52,688.53$800.00$86,552.00$ 50 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 63.57 1,025.00$65,159.25$820.00$52,127.40$620.00$39,413.40$822.00$52,254.54$800.00$50,856.00$786.00$49,966.02$1,015.00$64,523.55$ 51 2506.503 CONST CATCH BASIN - DESIGN 2X3 EACH 2 4,064.00$8,128.00$1,907.00$3,814.00$1,552.00$3,104.00$2,619.00$5,238.00$1,900.00$3,800.00$2,450.00$4,900.00$2,300.00$4,600.00$ 52 2506.603 SUMP STRUCTURE BAFFLE EACH 1 8,064.00$8,064.00$8,435.00$8,435.00$7,422.00$7,422.00$8,452.00$8,452.00$8,250.00$8,250.00$8,090.00$8,090.00$7,550.00$7,550.00$ 53 2506.602 GROUT MANHOLE - SANITARY EACH 32 1,392.00$44,544.00$1,414.00$45,248.00$903.00$28,896.00$1,398.00$44,736.00$515.00$16,480.00$1,340.00$42,880.00$1,325.00$42,400.00$ 54 2506.602 GROUT DRAINAGE STRUCTURE EACH 1 1,056.00$1,056.00$1,048.00$1,048.00$903.00$903.00$1,055.00$1,055.00$390.00$390.00$1,010.00$1,010.00$1,005.00$1,005.00$ 55 2511.507 RANDOM RIPRAP CLASS II CU YD 4.5 85.00$382.50$119.00$535.50$150.00$675.00$119.00$535.50$120.00$540.00$114.00$513.00$89.00$400.50$ 56 2521.518 6" CONCRETE WALK SQ FT 250 13.63$3,407.50$16.90$4,225.00$12.65$3,162.50$13.95$3,487.50$14.00$3,500.00$13.50$3,375.00$14.00$3,500.00$ 57 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 500 28.95$14,475.00$30.20$15,100.00$36.50$18,250.00$27.35$13,675.00$27.50$13,750.00$27.90$13,950.00$26.00$13,000.00$ 58 2531.503 SURMOUNTABLE CONCRETE CURB LIN FT 2650 22.95$60,817.50$23.90$63,335.00$32.25$85,462.50$28.15$74,597.50$27.50$72,875.00$27.90$73,935.00$25.00$66,250.00$ 59 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 75 79.01$5,925.75$73.90$5,542.50$70.00$5,250.00$77.35$5,801.25$76.00$5,700.00$74.80$5,610.00$70.00$5,250.00$ 60 2531.604 8" CONCRETE VALLEY GUTTER SQ YD 30 120.00$3,600.00$125.00$3,750.00$78.00$2,340.00$93.80$2,814.00$93.00$2,790.00$90.70$2,721.00$90.00$2,700.00$ 61 2531.618 TRUNCATED DOMES SQ FT 50 60.00$3,000.00$62.60$3,130.00$56.00$2,800.00$52.75$2,637.50$52.00$2,600.00$51.00$2,550.00$50.00$2,500.00$ 62 2540.618 INSTALL BRICK PAVERS SQ FT 150 15.00$2,250.00$36.10$5,415.00$10.00$1,500.00$15.35$2,302.50$16.00$2,400.00$15.60$2,340.00$25.00$3,750.00$ 63 2540.602 INSTALL MAIL BOX SUPPORT EACH 27 65.00$1,755.00$67.80$1,830.60$66.00$1,782.00$68.60$1,852.20$67.00$1,809.00$65.70$1,773.90$65.00$1,755.00$ 64 2563.601 TRAFFIC CONTROL LUMP SUM 1 2,500.00$2,500.00$2,607.00$2,607.00$3,000.00$3,000.00$2,638.00$2,638.00$22,000.00$22,000.00$2,530.00$2,530.00$1,300.00$1,300.00$ 65 2572.503 TEMPORARY FENCE LIN FT 460 2.50$1,150.00$1.74$800.40$5.00$2,300.00$7.65$3,519.00$2.00$920.00$2.10$966.00$2.10$966.00$ 66 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 3,000.00$3,000.00$7,395.00$7,395.00$1,500.00$1,500.00$0.01$0.01$1.00$1.00$0.01$0.01$1,000.00$1,000.00$ 67 2573.502 STORM DRAIN INLET PROTECTION EACH 70 100.00$7,000.00$166.00$11,620.00$188.00$13,160.00$179.00$12,530.00$135.00$9,450.00$193.00$13,510.00$150.00$10,500.00$ 68 2573.503 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT 110 3.50$385.00$2.63$289.30$4.35$478.50$3.15$346.50$3.00$330.00$3.10$341.00$6.80$748.00$ 69 2573.503 SILT FENCE, TYPE MS LIN FT 200 3.50$700.00$1.84$368.00$2.50$500.00$2.11$422.00$2.00$400.00$2.60$520.00$2.00$400.00$ 70 2574.507 COMMON TOPSOIL BORROW CU YD 400 44.00$17,600.00$45.40$18,160.00$41.00$16,400.00$0.01$4.00$52.00$20,800.00$42.90$17,160.00$45.00$18,000.00$ 71 2575.504 SODDING TYPE LAWN SQ YD 350 20.00$7,000.00$8.95$3,132.50$10.00$3,500.00$10.55$3,692.50$9.00$3,150.00$15.60$5,460.00$12.00$4,200.00$ 72 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 5 500.00$2,500.00$369.00$1,845.00$325.00$1,625.00$528.00$2,640.00$370.00$1,850.00$781.00$3,905.00$500.00$2,500.00$ 73 2575.501 SEEDING SQ YD 7200 1.00$7,200.00$1.90$13,680.00$2.50$18,000.00$1.69$12,168.00$2.00$14,400.00$1.80$12,960.00$1.75$12,600.00$ 74 2582.518 CROSSWALK MULTI COMP GR IN (WR)SQ FT 220 7.00$1,540.00$7.33$1,612.60$11.20$2,464.00$9.55$2,101.00$7.50$1,650.00$7.05$1,551.00$7.00$1,540.00$ Schedule A Subtotal:2,310,284.37$2,348,256.82$2,314,366.93$2,349,427.21$2,452,246.05$2,366,029.86$2,420,196.39$ Schedule:B REDWING LANE AREA Item No Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 20,000.00$20,000.00$14,000.00$14,000.00$20,000.00$20,000.00$21,000.00$21,000.00$19,600.00$19,600.00$31,700.00$31,700.00$45,000.00$45,000.00$ 2 2101.524 CLEARING TREE 2 270.00$540.00$209.00$418.00$265.00$530.00$264.00$528.00$260.00$520.00$253.00$506.00$550.00$1,100.00$ 3 2101.524 GRUBBING TREE 2 180.00$360.00$104.00$208.00$183.00$366.00$106.00$212.00$110.00$220.00$101.00$202.00$125.00$250.00$ 4 2104.502 REMOVE MANHOLE OR CATCH BASIN EACH 10 400.00$4,000.00$725.00$7,250.00$412.00$4,120.00$726.00$7,260.00$710.00$7,100.00$695.00$6,950.00$550.00$5,500.00$ 5 2104.502 SALVAGE MAIL BOX SUPPORT EACH 2 50.00$100.00$52.10$104.20$51.00$102.00$52.75$105.50$52.00$104.00$101.00$202.00$50.00$100.00$ 6 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT 20 5.00$100.00$5.21$104.20$5.35$107.00$5.30$106.00$5.50$110.00$3.05$61.00$5.00$100.00$ 7 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 200 2.50$500.00$1.88$376.00$2.15$430.00$1.90$380.00$2.00$400.00$2.55$510.00$1.80$360.00$ 8 2104.503 REMOVE CURB & GUTTER LIN FT 900 7.75$6,975.00$6.90$6,210.00$5.00$4,500.00$6.30$5,670.00$8.50$7,650.00$7.15$6,435.00$5.10$4,590.00$ 9 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 20 17.50$350.00$21.60$432.00$9.00$180.00$14.10$282.00$22.00$440.00$11.20$224.00$18.36$367.20$ C.P. 20-05 - BID TABULATION Owner:CITY OF CHANHASSEN Project:2021 CITY PAVEMENT REHABILITATION PROJECT Date:MARCH 12, 2021 Duininck Valley Paving Park Construction Northwest Asphalt SM Hentge and Sons, Inc Bituminous Roadways GMH Asphalt Corp. 10 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 50 8.75$437.50$8.02$401.00$3.00$150.00$6.40$320.00$11.50$575.00$9.75$487.50$15.30$765.00$ 11 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 450 5.55$2,497.50$6.87$3,091.50$3.00$1,350.00$5.00$2,250.00$11.00$4,950.00$1.70$765.00$15.30$6,885.00$ 12 2106.507 COMMON EMBANKMENT (CV)CU YD 300 0.01$3.00$12.20$3,660.00$26.30$7,890.00$11.40$3,420.00$11.00$3,300.00$10.90$3,270.00$20.00$6,000.00$ 13 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 20 150.00$3,000.00$170.00$3,400.00$175.00$3,500.00$132.00$2,640.00$1.00$20.00$131.00$2,620.00$150.00$3,000.00$ 14 2130.523 WATER M GALLON 25 0.01$0.25$28.30$707.50$92.00$2,300.00$38.65$966.25$1.00$25.00$25.70$642.50$35.00$875.00$ 15 2211.507 AGGREGATE BASE (CV) CLASS 5 (RECLAIM)CU YD 200 5.00$1,000.00$17.10$3,420.00$18.50$3,700.00$6.00$1,200.00$27.00$5,400.00$24.40$4,880.00$45.00$9,000.00$ 16 2231.509 BITUMINOUS PATCHING MIXTURE TON 100 125.00$12,500.00$101.00$10,100.00$104.00$10,400.00$105.00$10,500.00$142.00$14,200.00$147.00$14,700.00$125.00$12,500.00$ 17 2232.504 MILL BITUMINOUS SURFACE (2.5")SQ YD 8500 0.91$7,735.00$2.47$20,995.00$1.15$9,775.00$1.00$8,500.00$1.65$14,025.00$1.50$12,750.00$2.50$21,250.00$ 18 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLON 600 2.50$1,500.00$0.01$6.00$2.50$1,500.00$3.50$2,100.00$2.00$1,200.00$2.65$1,590.00$2.25$1,350.00$ 19 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 1400 65.19$91,266.00$59.00$82,600.00$71.00$99,400.00$70.80$99,120.00$71.00$99,400.00$71.60$100,240.00$75.71$105,994.00$ 20 2360.604 BITUMINOUS DRIVEWAY PAVEMENT SQ YD 50 44.66$2,233.00$45.90$2,295.00$30.00$1,500.00$29.20$1,460.00$32.00$1,600.00$40.50$2,025.00$50.00$2,500.00$ 21 2451.609 COARSE FILTER AGGREGATE FOUNDATION TON 100 20.00$2,000.00$44.40$4,440.00$42.25$4,225.00$44.50$4,450.00$44.00$4,400.00$42.60$4,260.00$35.00$3,500.00$ 22 2501.606 CHEMICAL GROUT GALLON 35 53.00$1,855.00$52.10$1,823.50$202.00$7,070.00$52.75$1,846.25$170.00$5,950.00$50.50$1,767.50$50.00$1,750.00$ 23 2502.503 4" PERF TP PIPE DRAIN LIN FT 200 16.89$3,378.00$21.20$4,240.00$28.00$5,600.00$21.20$4,240.00$23.00$4,600.00$22.30$4,460.00$24.30$4,860.00$ 24 2502.601 LANDSCAPING PROVISION LUMP SUM 1 5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$ 25 2503.602 CONNECT TO EXISTING STORM SEWER EACH 21 800.00$16,800.00$834.00$17,514.00$638.00$13,398.00$835.00$17,535.00$820.00$17,220.00$800.00$16,800.00$975.00$20,475.00$ 26 2503.602 CHANHASSEN 26" LID EACH 16 199.00$3,184.00$245.00$3,920.00$575.00$9,200.00$198.00$3,168.00$220.00$3,520.00$202.00$3,232.00$191.44$3,063.04$ 27 2503.602 INSTALL I & I BARRIER EACH 15 164.00$2,460.00$275.00$4,125.00$462.00$6,930.00$179.00$2,685.00$220.00$3,300.00$256.00$3,840.00$320.00$4,800.00$ 28 2503.602 RECONSTRUCT SANITARY SEWER MANHOLE EACH 1 2,733.00$2,733.00$1,687.00$1,687.00$4,236.00$4,236.00$1,690.00$1,690.00$1,650.00$1,650.00$1,620.00$1,620.00$1,625.00$1,625.00$ 29 2504.602 VALVE BOLT REPLACEMENT EACH 14 2,801.00$39,214.00$3,126.00$43,764.00$1,410.00$19,740.00$3,312.00$46,368.00$3,200.00$44,800.00$3,050.00$42,700.00$3,350.00$46,900.00$ 30 2506.502 CASTING ASSEMBLY EACH 10 486.00$4,860.00$558.00$5,580.00$1,192.00$11,920.00$697.00$6,970.00$585.00$5,850.00$734.00$7,340.00$617.10$6,171.00$ 31 2506.502 ADJUST FRAME & RING CASTING EACH 20 664.00$13,280.00$559.00$11,180.00$720.00$14,400.00$772.00$15,440.00$670.00$13,400.00$960.00$19,200.00$875.00$17,500.00$ 32 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 48.47 622.00$30,148.34$490.00$23,750.30$388.00$18,806.36$490.00$23,750.30$480.00$23,265.60$470.00$22,780.90$850.00$41,199.50$ 33 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 20.18 953.00$19,231.54$772.00$15,578.96$615.00$12,410.70$774.00$15,619.32$760.00$15,336.80$741.00$14,953.38$1,030.00$20,785.40$ 34 2506.503 CONST CATCH BASIN - DESIGN 2X3 EACH 1 4,087.00$4,087.00$1,907.00$1,907.00$1,541.00$1,541.00$2,619.00$2,619.00$1,900.00$1,900.00$2,450.00$2,450.00$2,300.00$2,300.00$ 35 2506.603 SUMP STRUCTURE BAFFLE EACH 1 6,698.00$6,698.00$8,435.00$8,435.00$7,422.00$7,422.00$8,452.00$8,452.00$8,250.00$8,250.00$8,090.00$8,090.00$7,550.00$7,550.00$ 36 2506.602 GROUT MANHOLE - SANITARY EACH 6 1,392.00$8,352.00$1,414.00$8,484.00$903.00$5,418.00$1,398.00$8,388.00$515.00$3,090.00$1,340.00$8,040.00$1,325.00$7,950.00$ 37 2506.602 GROUT DRAINAGE STRUCTURE EACH 2 1,056.00$2,112.00$1,048.00$2,096.00$903.00$1,806.00$1,055.00$2,110.00$390.00$780.00$1,010.00$2,020.00$1,005.00$2,010.00$ 38 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 200 28.95$5,790.00$30.20$6,040.00$36.50$7,300.00$29.50$5,900.00$30.00$6,000.00$31.50$6,300.00$28.00$5,600.00$ 39 2531.503 SURMOUNTABLE CONCRETE CURB LIN FT 700 22.95$16,065.00$23.90$16,730.00$32.25$22,575.00$30.25$21,175.00$30.00$21,000.00$30.70$21,490.00$25.00$17,500.00$ 40 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 20 79.01$1,580.20$74.50$1,490.00$70.00$1,400.00$92.70$1,854.00$92.00$1,840.00$89.70$1,794.00$80.00$1,600.00$ 41 2540.602 INSTALL MAIL BOX SUPPORT EACH 2 65.00$130.00$67.80$135.60$66.00$132.00$68.60$137.20$67.00$134.00$131.00$262.00$65.00$130.00$ 42 2563.601 TRAFFIC CONTROL LUMP SUM 1 1,500.00$1,500.00$1,564.00$1,564.00$1,500.00$1,500.00$1,583.00$1,583.00$600.00$600.00$1,520.00$1,520.00$500.00$500.00$ 43 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 0.01$0.01$0.01$0.01$1,092.00$1,092.00$0.01$0.01$1.00$1.00$0.01$0.01$1,000.00$1,000.00$ 44 2573.502 STORM DRAIN INLET PROTECTION EACH 20 100.00$2,000.00$149.00$2,980.00$189.00$3,780.00$111.00$2,220.00$135.00$2,700.00$193.00$3,860.00$150.00$3,000.00$ 45 2573.503 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT 100 3.50$350.00$2.63$263.00$4.35$435.00$3.15$315.00$3.00$300.00$3.10$310.00$6.80$680.00$ 46 2574.507 COMMON TOPSOIL BORROW CU YD 50 44.00$2,200.00$53.10$2,655.00$41.00$2,050.00$38.00$1,900.00$52.00$2,600.00$46.90$2,345.00$45.00$2,250.00$ 47 2575.504 SODDING TYPE LAWN SQ YD 100 20.00$2,000.00$8.95$895.00$10.00$1,000.00$12.65$1,265.00$9.00$900.00$15.60$1,560.00$19.60$1,960.00$ 48 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 2 500.00$1,000.00$369.00$738.00$510.00$1,020.00$528.00$1,056.00$370.00$740.00$755.00$1,510.00$500.00$1,000.00$ 49 2575.604 SEEDING SQ YD 1000 1.00$1,000.00$1.90$1,900.00$2.55$2,550.00$1.74$1,740.00$2.00$2,000.00$2.60$2,600.00$1.75$1,750.00$ 50 2582.503 24" SOLID LINE PAINT LIN FT 15 9.50$142.50$9.95$149.25$15.50$232.50$10.00$150.00$10.00$150.00$9.60$144.00$9.50$142.50$ 51 2582.518 CROSSWALK MULTI COMP GR IN (WR)SQ FT 120 7.00$840.00$7.33$879.60$11.20$1,344.00$11.35$1,362.00$7.50$900.00$7.05$846.00$7.00$840.00$ Schedule B Subtotal:355,087.84$359,722.62$367,333.56$379,007.83$383,016.40$403,854.79$462,877.64$ Schedule:C CHOCTAW CIRCLE AREA C.P. 20-05 - BID TABULATION Owner:CITY OF CHANHASSEN Project:2021 CITY PAVEMENT REHABILITATION PROJECT Date:MARCH 12, 2021 Duininck Valley Paving Park Construction Northwest Asphalt SM Hentge and Sons, Inc Bituminous Roadways GMH Asphalt Corp. Item No Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 20,000.00$20,000.00$12,000.00$12,000.00$20,000.00$20,000.00$20,000.00$20,000.00$20,000.00$20,000.00$32,300.00$32,300.00$45,000.00$45,000.00$ 2 2104.502 REMOVE PIPE APRON EACH 1 250.00$250.00$724.00$724.00$405.00$405.00$726.00$726.00$710.00$710.00$695.00$695.00$450.00$450.00$ 3 2104.502 REMOVE MANHOLE OR CATCH BASIN EACH 3 400.00$1,200.00$725.00$2,175.00$411.00$1,233.00$726.00$2,178.00$710.00$2,130.00$695.00$2,085.00$550.00$1,650.00$ 4 2104.502 SALVAGE MAIL BOX SUPPORT EACH 1 50.00$50.00$52.10$52.10$51.00$51.00$52.75$52.75$52.00$52.00$50.50$50.50$50.00$50.00$ 5 2104.502 SALVAGE SIGN EACH 2 85.00$170.00$78.20$156.40$51.00$102.00$79.15$158.30$52.00$104.00$75.80$151.60$50.00$100.00$ 6 2104.502 REMOVE CASTING EACH 11 50.00$550.00$120.00$1,320.00$225.00$2,475.00$285.00$3,135.00$205.00$2,255.00$199.00$2,189.00$125.00$1,375.00$ 7 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 200 2.50$500.00$1.88$376.00$2.15$430.00$1.90$380.00$2.00$400.00$2.55$510.00$1.80$360.00$ 8 2104.503 REMOVE CURB & GUTTER LIN FT 700 7.75$5,425.00$6.90$4,830.00$5.00$3,500.00$7.50$5,250.00$8.50$5,950.00$7.75$5,425.00$5.10$3,570.00$ 9 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 50 8.75$437.50$8.02$401.00$3.00$150.00$10.00$500.00$12.00$600.00$9.75$487.50$15.30$765.00$ 10 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 400 5.55$2,220.00$6.87$2,748.00$3.00$1,200.00$7.00$2,800.00$11.00$4,400.00$1.50$600.00$15.30$6,120.00$ 11 2106.507 COMMON EMBANKMENT (CV)CU YD 200 0.01$2.00$12.20$2,440.00$26.30$5,260.00$11.40$2,280.00$11.00$2,200.00$10.90$2,180.00$20.00$4,000.00$ 12 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 30 150.00$4,500.00$170.00$5,100.00$175.00$5,250.00$132.00$3,960.00$1.00$30.00$131.00$3,930.00$150.00$4,500.00$ 13 2130.523 WATER M GALLON 25 0.01$0.25$28.30$707.50$92.00$2,300.00$38.65$966.25$1.00$25.00$25.70$642.50$35.00$875.00$ 14 2211.507 AGGREGATE BASE (CV) CLASS 5 (RECLAIM)CU YD 100 5.00$500.00$17.10$1,710.00$14.35$1,435.00$7.00$700.00$27.00$2,700.00$31.80$3,180.00$45.00$4,500.00$ 15 2231.509 BITUMINOUS PATCHING MIXTURE TON 100 125.00$12,500.00$101.00$10,100.00$102.00$10,200.00$105.00$10,500.00$142.00$14,200.00$123.00$12,300.00$125.00$12,500.00$ 16 2232.504 MILL BITUMINOUS SURFACE - FULL DEPTH SQ YD 1200 3.18$3,816.00$3.89$4,668.00$2.20$2,640.00$3.50$4,200.00$2.40$2,880.00$2.50$3,000.00$5.00$6,000.00$ 17 2232.504 MILL BITUMINOUS SURFACE (2.5")SQ YD 6400 0.91$5,824.00$2.57$16,448.00$1.10$7,040.00$1.25$8,000.00$1.50$9,600.00$1.10$7,040.00$2.50$16,000.00$ 18 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLON 400 2.50$1,000.00$0.01$4.00$2.50$1,000.00$3.50$1,400.00$2.00$800.00$2.65$1,060.00$2.25$900.00$ 19 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 1300 64.45$83,785.00$63.00$81,900.00$71.00$92,300.00$69.50$90,350.00$70.00$91,000.00$70.90$92,170.00$74.49$96,837.00$ 20 2360.604 BITUMINOUS DRIVEWAY PAVEMENT SQ YD 50 44.66$2,233.00$37.90$1,895.00$30.00$1,500.00$29.20$1,460.00$52.00$2,600.00$38.10$1,905.00$50.00$2,500.00$ 21 2451.609 COARSE FILTER AGGREGATE FOUNDATION TON 100 20.00$2,000.00$44.40$4,440.00$42.00$4,200.00$44.50$4,450.00$44.00$4,400.00$42.60$4,260.00$35.00$3,500.00$ 22 2501.602 18" RC PIPE APRON EACH 1 1,440.00$1,440.00$1,262.00$1,262.00$1,450.00$1,450.00$1,264.00$1,264.00$1,250.00$1,250.00$1,210.00$1,210.00$1,875.00$1,875.00$ 23 2502.503 4" PERF TP PIPE DRAIN LIN FT 550 15.91$8,750.50$21.20$11,660.00$23.00$12,650.00$21.20$11,660.00$23.00$12,650.00$21.30$11,715.00$20.30$11,165.00$ 24 2502.503 4" PERF TP PIPE DRAIN - SCHED 40 LIN FT 70 21.93$1,535.10$18.30$1,281.00$27.00$1,890.00$18.35$1,284.50$24.00$1,680.00$18.30$1,281.00$36.90$2,583.00$ 25 2502.601 LANDSCAPING PROVISION LUMP SUM 1 5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$ 26 2503.602 CONNECT TO EXISTING STORM SEWER EACH 5 800.00$4,000.00$834.00$4,170.00$637.00$3,185.00$835.00$4,175.00$820.00$4,100.00$800.00$4,000.00$975.00$4,875.00$ 27 2503.602 CHANHASSEN 26" LID EACH 14 199.00$2,786.00$245.00$3,430.00$575.00$8,050.00$198.00$2,772.00$220.00$3,080.00$202.00$2,828.00$191.44$2,680.16$ 28 2503.602 INSTALL I & I BARRIER EACH 14 164.00$2,296.00$275.00$3,850.00$462.00$6,468.00$179.00$2,506.00$220.00$3,080.00$256.00$3,584.00$320.00$4,480.00$ 29 2503.602 RECONSTRUCT SANITARY SEWER MANHOLE EACH 3 2,733.00$8,199.00$1,687.00$5,061.00$4,155.00$12,465.00$1,690.00$5,070.00$1,650.00$4,950.00$1,620.00$4,860.00$1,625.00$4,875.00$ 30 2504.601 8" CUT & PLUG LUMP SUM 1 1,445.00$1,445.00$3,432.00$3,432.00$1,785.00$1,785.00$3,439.00$3,439.00$3,400.00$3,400.00$3,290.00$3,290.00$5,855.00$5,855.00$ 31 2504.602 VALVE BOLT REPLACEMENT EACH 9 2,669.00$24,021.00$3,126.00$28,134.00$1,410.00$12,690.00$3,312.00$29,808.00$3,200.00$28,800.00$3,080.00$27,720.00$3,350.00$30,150.00$ 32 2506.502 CASTING ASSEMBLY EACH 13 486.00$6,318.00$600.00$7,800.00$1,192.00$15,496.00$697.00$9,061.00$780.00$10,140.00$622.00$8,086.00$617.10$8,022.30$ 33 2506.502 ADJUST FRAME & RING CASTING EACH 5 262.00$1,310.00$611.00$3,055.00$720.00$3,600.00$772.00$3,860.00$425.00$2,125.00$960.00$4,800.00$875.00$4,375.00$ 34 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 11.97 524.00$6,272.28$422.00$5,051.34$416.00$4,979.52$423.00$5,063.31$475.00$5,685.75$405.00$4,847.85$850.00$10,174.50$ 35 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 4.92 1,428.00$7,025.76$1,017.00$5,003.64$872.00$4,290.24$1,019.00$5,013.48$1,120.00$5,510.40$975.00$4,797.00$103.00$506.76$ 36 2506.603 SUMP STRUCTURE BAFFLE EACH 1 6,420.00$6,420.00$8,435.00$8,435.00$5,895.00$5,895.00$8,452.00$8,452.00$8,250.00$8,250.00$8,090.00$8,090.00$8,455.00$8,455.00$ 37 2506.602 GROUT DRAINAGE STRUCTURE EACH 3 500.00$1,500.00$1,048.00$3,144.00$908.00$2,724.00$1,055.00$3,165.00$390.00$1,170.00$1,010.00$3,030.00$1,005.00$3,015.00$ 38 2511.507 RANDOM RIPRAP CLASS III CU YD 4.5 90.00$405.00$119.00$535.50$144.00$648.00$119.00$535.50$120.00$540.00$120.00$540.00$115.00$517.50$ 39 2521.518 CONCRETE WALK SQ FT 250 13.63$3,407.50$8.34$2,085.00$15.00$3,750.00$15.95$3,987.50$14.00$3,500.00$13.50$3,375.00$14.00$3,500.00$ 40 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 100 28.95$2,895.00$30.20$3,020.00$36.50$3,650.00$28.00$2,800.00$28.00$2,800.00$30.00$3,000.00$28.00$2,800.00$ 41 2531.503 SURMOUNTABLE CONCRETE CURB LIN FT 600 22.95$13,770.00$23.90$14,340.00$32.25$19,350.00$28.90$17,340.00$28.00$16,800.00$30.00$18,000.00$27.00$16,200.00$ 42 2540.602 INSTALL MAIL BOX SUPPORT EACH 1 65.00$65.00$67.80$67.80$66.00$66.00$68.60$68.60$67.00$67.00$65.70$65.70$65.00$65.00$ 43 2563.601 TRAFFIC CONTROL LUMP SUM 1 850.00$850.00$886.00$886.00$1,000.00$1,000.00$897.00$897.00$1,600.00$1,600.00$859.00$859.00$400.00$400.00$ C.P. 20-05 - BID TABULATION Owner:CITY OF CHANHASSEN Project:2021 CITY PAVEMENT REHABILITATION PROJECT Date:MARCH 12, 2021 Duininck Valley Paving Park Construction Northwest Asphalt SM Hentge and Sons, Inc Bituminous Roadways GMH Asphalt Corp. 44 2564.502 INSTALL SIGN EACH 2 400.00$800.00$417.00$834.00$204.00$408.00$422.00$844.00$206.00$412.00$404.00$808.00$200.00$400.00$ 45 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 1,000.00$1,000.00$0.01$0.01$1,091.00$1,091.00$0.01$0.01$1.00$1.00$0.01$0.01$1,000.00$1,000.00$ 46 2573.502 STORM DRAIN INLET PROTECTION EACH 10 100.00$1,000.00$166.00$1,660.00$175.00$1,750.00$111.00$1,110.00$135.00$1,350.00$193.00$1,930.00$150.00$1,500.00$ 47 2573.503 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT 30 3.50$105.00$2.63$78.90$4.30$129.00$3.15$94.50$3.00$90.00$3.10$93.00$6.80$204.00$ 48 2574.507 COMMON TOPSOIL BORROW CU YD 100 44.00$4,400.00$49.40$4,940.00$41.00$4,100.00$0.01$1.00$52.00$5,200.00$47.40$4,740.00$45.00$4,500.00$ 49 2575.504 SODDING TYPE LAWN SQ YD 120 20.00$2,400.00$8.95$1,074.00$10.00$1,200.00$12.65$1,518.00$9.00$1,080.00$15.60$1,872.00$19.60$2,352.00$ 50 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 2 500.00$1,000.00$369.00$738.00$510.00$1,020.00$528.00$1,056.00$370.00$740.00$755.00$1,510.00$500.00$1,000.00$ 51 2575.604 SEEDING SQ YD 2000 1.00$2,000.00$1.90$3,800.00$2.55$5,100.00$1.74$3,480.00$2.00$4,000.00$2.35$4,700.00$1.75$3,500.00$ 52 2582.518 CROSSWALK MULTI COMP GR IN (WR)SQ FT 300 7.00$2,100.00$7.33$2,199.00$11.22$3,366.00$8.95$2,685.00$7.50$2,250.00$7.05$2,115.00$7.00$2,100.00$ Schedule C Subtotal:271,478.89$290,222.19$311,916.76$301,456.70$308,337.15$318,907.66$359,677.22$ Schedule:D LAKE LUCY ROAD AREA Item No Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 35,000.00$35,000.00$20,000.00$20,000.00$20,000.00$20,000.00$32,000.00$32,000.00$26,000.00$26,000.00$39,400.00$39,400.00$40,000.00$40,000.00$ 2 2104.502 REMOVE MANHOLE OR CATCH BASIN EACH 4 400.00$1,600.00$725.00$2,900.00$412.00$1,648.00$726.00$2,904.00$710.00$2,840.00$695.00$2,780.00$550.00$2,200.00$ 3 2104.502 SALVAGE MAIL BOX SUPPORT EACH 5 50.00$250.00$52.10$260.50$51.00$255.00$52.75$263.75$52.00$260.00$253.00$1,265.00$50.00$250.00$ 4 2104.502 REMOVE CASTING EACH 1 50.00$50.00$120.00$120.00$225.00$225.00$285.00$285.00$205.00$205.00$199.00$199.00$125.00$125.00$ 5 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 300 2.50$750.00$1.88$564.00$2.15$645.00$1.90$570.00$2.00$600.00$2.55$765.00$1.80$540.00$ 6 2104.503 REMOVE CURB & GUTTER LIN FT 1100 7.75$8,525.00$6.91$7,601.00$5.00$5,500.00$6.30$6,930.00$8.50$9,350.00$6.65$7,315.00$5.10$5,610.00$ 7 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 140 8.75$1,225.00$8.05$1,127.00$3.00$420.00$6.40$896.00$9.00$1,260.00$9.70$1,358.00$15.30$2,142.00$ 8 2106.507 COMMON EMBANKMENT (CV)CU YD 300 0.01$3.00$9.51$2,853.00$26.30$7,890.00$11.40$3,420.00$11.00$3,300.00$10.90$3,270.00$20.00$6,000.00$ 9 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 50 150.00$7,500.00$170.00$8,500.00$175.00$8,750.00$132.00$6,600.00$1.00$50.00$131.00$6,550.00$150.00$7,500.00$ 10 2130.523 WATER M GALLON 50 50.00$2,500.00$28.30$1,415.00$92.00$4,600.00$38.65$1,932.50$45.00$2,250.00$25.70$1,285.00$35.00$1,750.00$ 11 2211.507 AGGREGATE BASE (CV) CLASS 5 (RECLAIM)CU YD 200 5.00$1,000.00$12.30$2,460.00$9.60$1,920.00$6.00$1,200.00$27.00$5,400.00$24.40$4,880.00$45.00$9,000.00$ 12 2215.504 FULL DEPTH RECLAMATION SQ YD 13000 3.08$40,040.00$3.90$50,700.00$3.25$42,250.00$2.00$26,000.00$4.30$55,900.00$2.50$32,500.00$2.25$29,250.00$ 13 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLON 800 2.50$2,000.00$0.01$8.00$2.50$2,000.00$3.50$2,800.00$2.00$1,600.00$2.65$2,120.00$2.25$1,800.00$ 14 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 1500 65.17$97,755.00$63.02$94,530.00$71.00$106,500.00$70.80$106,200.00$70.00$105,000.00$70.60$105,900.00$75.12$112,680.00$ 15 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3;C)TON 1500 61.02$91,530.00$63.51$95,265.00$66.70$100,050.00$67.00$100,500.00$66.00$99,000.00$66.80$100,200.00$71.44$107,160.00$ 16 2360.604 BITUMINOUS DRIVEWAY PAVEMENT SQ YD 140 44.66$6,252.40$32.40$4,536.00$30.00$4,200.00$29.20$4,088.00$32.00$4,480.00$39.60$5,544.00$35.00$4,900.00$ 17 2451.609 COARSE FILTER AGGREGATE FOUNDATION TON 100 20.00$2,000.00$44.40$4,440.00$42.00$4,200.00$44.50$4,450.00$44.00$4,400.00$42.60$4,260.00$35.00$3,500.00$ 18 2501.606 CHEMICAL GROUT GALLON 35 53.00$1,855.00$52.10$1,823.50$202.00$7,070.00$52.75$1,846.25$170.00$5,950.00$50.50$1,767.50$50.00$1,750.00$ 19 2502.503 4" PERF TP PIPE DRAIN LIN FT 500 20.65$10,325.00$21.20$10,600.00$23.15$11,575.00$21.20$10,600.00$23.00$11,500.00$21.40$10,700.00$20.00$10,000.00$ 20 2502.503 4" PERF TP PIPE DRAIN - REMOVE AND INSTALL LIN FT 440 22.97$10,106.80$23.50$10,340.00$23.15$10,186.00$23.55$10,362.00$25.00$11,000.00$23.70$10,428.00$24.10$10,604.00$ 21 2502.503 8" PERF TP PIPE DRAIN - REMOVE AND INSTALL LIN FT 250 33.32$8,330.00$31.20$7,800.00$31.00$7,750.00$31.25$7,812.50$33.00$8,250.00$31.50$7,875.00$46.60$11,650.00$ 22 2502.601 LANDSCAPING PROVISION LUMP SUM 1 5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$ 23 2503.602 CONNECT TO EXISTING STORM SEWER EACH 10 800.00$8,000.00$834.00$8,340.00$692.00$6,920.00$835.00$8,350.00$820.00$8,200.00$800.00$8,000.00$975.00$9,750.00$ 24 2503.602 24" CASTING AND GRATE EACH 1 1,110.00$1,110.00$697.00$697.00$1,191.00$1,191.00$824.00$824.00$1,100.00$1,100.00$925.00$925.00$686.90$686.90$ 25 2503.602 CHANHASSEN 26" LID EACH 16 199.00$3,184.00$245.00$3,920.00$575.00$9,200.00$198.00$3,168.00$220.00$3,520.00$202.00$3,232.00$191.44$3,063.04$ 26 2503.602 INSTALL I & I BARRIER EACH 16 164.00$2,624.00$275.00$4,400.00$462.00$7,392.00$179.00$2,864.00$220.00$3,520.00$256.00$4,096.00$320.00$5,120.00$ 27 2504.602 VALVE BOLT REPLACEMENT EACH 16 2,643.00$42,288.00$3,126.00$50,016.00$1,410.00$22,560.00$3,312.00$52,992.00$3,200.00$51,200.00$3,080.00$49,280.00$3,350.00$53,600.00$ 28 2506.502 CASTING ASSEMBLY EACH 5 560.00$2,800.00$558.00$2,790.00$1,192.00$5,960.00$697.00$3,485.00$700.00$3,500.00$622.00$3,110.00$593.48$2,967.40$ 29 2506.502 ADJUST FRAME & RING CASTING EACH 28 580.00$16,240.00$579.00$16,212.00$747.00$20,916.00$772.00$21,616.00$550.00$15,400.00$960.00$26,880.00$875.00$24,500.00$ 30 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 5.37 765.00$4,108.05$491.00$2,636.67$430.00$2,309.10$492.00$2,642.04$480.00$2,577.60$471.00$2,529.27$850.00$4,564.50$ 31 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 39.14 1,165.14$45,603.58$741.00$29,002.74$648.00$25,362.72$742.00$29,041.88$725.00$28,376.50$711.00$27,828.54$1,030.00$40,314.20$ 32 2506.603 SUMP STRUCTURE BAFFLE EACH 1 6,700.00$6,700.00$8,435.00$8,435.00$7,663.00$7,663.00$8,452.00$8,452.00$8,250.00$8,250.00$8,090.00$8,090.00$7,550.00$7,550.00$ C.P. 20-05 - BID TABULATION Owner:CITY OF CHANHASSEN Project:2021 CITY PAVEMENT REHABILITATION PROJECT Date:MARCH 12, 2021 Duininck Valley Paving Park Construction Northwest Asphalt SM Hentge and Sons, Inc Bituminous Roadways GMH Asphalt Corp. 33 2506.602 GROUT MANHOLE - SANITARY EACH 7 1,392.00$9,744.00$1,414.00$9,898.00$903.00$6,321.00$1,398.00$9,786.00$515.00$3,605.00$1,340.00$9,380.00$1,325.00$9,275.00$ 34 2506.602 GROUT DRAINAGE STRUCTURE EACH 3 1,056.00$3,168.00$1,048.00$3,144.00$903.00$2,709.00$1,055.00$3,165.00$390.00$1,170.00$1,010.00$3,030.00$1,005.00$3,015.00$ 35 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 100 28.95$2,895.00$30.20$3,020.00$36.50$3,650.00$26.80$2,680.00$27.00$2,700.00$28.90$2,890.00$28.00$2,800.00$ 36 2531.503 SURMOUNTABLE CONCRETE CURB LIN FT 1000 22.95$22,950.00$23.90$23,900.00$32.25$32,250.00$27.35$27,350.00$27.00$27,000.00$27.60$27,600.00$26.00$26,000.00$ 37 2540.602 INSTALL MAIL BOX SUPPORT EACH 5 65.00$325.00$67.80$339.00$66.00$330.00$68.60$343.00$67.00$335.00$328.00$1,640.00$65.00$325.00$ 38 2563.601 TRAFFIC CONTROL LUMP SUM 1 900.00$900.00$938.00$938.00$1,000.00$1,000.00$950.00$950.00$1,600.00$1,600.00$909.00$909.00$450.00$450.00$ 39 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 2,000.00$2,000.00$3,697.00$3,697.00$1,200.00$1,200.00$0.01$0.01$1.00$1.00$0.01$0.01$1,000.00$1,000.00$ 40 2573.502 STORM DRAIN INLET PROTECTION EACH 20 100.00$2,000.00$166.00$3,320.00$175.00$3,500.00$111.00$2,220.00$135.00$2,700.00$193.00$3,860.00$150.00$3,000.00$ 41 2573.503 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT 100 3.50$350.00$2.63$263.00$4.35$435.00$3.15$315.00$3.00$300.00$3.10$310.00$6.80$680.00$ 42 2574.507 COMMON TOPSOIL BORROW CU YD 100 44.00$4,400.00$50.10$5,010.00$41.30$4,130.00$0.01$1.00$52.00$5,200.00$46.90$4,690.00$45.00$4,500.00$ 43 2575.504 SODDING TYPE LAWN SQ YD 150 20.00$3,000.00$8.95$1,342.50$10.00$1,500.00$12.65$1,897.50$9.00$1,350.00$15.60$2,340.00$19.60$2,940.00$ 44 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 2 500.00$1,000.00$369.00$738.00$510.00$1,020.00$528.00$1,056.00$370.00$740.00$755.00$1,510.00$500.00$1,000.00$ 45 2575.604 SEEDING SQ YD 3000 1.00$3,000.00$1.90$5,700.00$2.55$7,650.00$1.74$5,220.00$2.00$6,000.00$2.35$7,050.00$1.75$5,250.00$ Schedule D Subtotal:521,986.83$520,601.91$527,802.82$525,078.43$541,940.10$554,541.32$585,762.04$ Schedule:E KURVERS POINT ROAD AREA Item No Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 35,000.00$35,000.00$20,000.00$20,000.00$20,000.00$20,000.00$29,000.00$29,000.00$25,000.00$25,000.00$41,000.00$41,000.00$40,000.00$40,000.00$ 2 2104.502 REMOVE MANHOLE OR CATCH BASIN EACH 5 400.00$2,000.00$725.00$3,625.00$412.00$2,060.00$726.00$3,630.00$710.00$3,550.00$695.00$3,475.00$550.00$2,750.00$ 3 2104.502 SALVAGE MAIL BOX SUPPORT EACH 4 50.00$200.00$52.10$208.40$51.00$204.00$52.75$211.00$52.00$208.00$202.00$808.00$5.00$20.00$ 4 2104.502 REMOVE GATE VALVE & BOX EACH 2 75.00$150.00$724.00$1,448.00$1,265.00$2,530.00$726.00$1,452.00$710.00$1,420.00$695.00$1,390.00$750.00$1,500.00$ 5 2104.502 REMOVE HYDRANT EACH 2 175.00$350.00$724.00$1,448.00$1,265.00$2,530.00$726.00$1,452.00$710.00$1,420.00$695.00$1,390.00$750.00$1,500.00$ 6 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT 20 5.00$100.00$5.21$104.20$5.35$107.00$5.30$106.00$5.50$110.00$3.05$61.00$5.00$100.00$ 7 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 250 2.50$625.00$1.88$470.00$2.15$537.50$1.90$475.00$2.00$500.00$2.55$637.50$1.80$450.00$ 8 2104.503 REMOVE CURB & GUTTER LIN FT 1000 7.75$7,750.00$6.88$6,880.00$5.00$5,000.00$7.50$7,500.00$8.50$8,500.00$6.75$6,750.00$5.10$5,100.00$ 9 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 25 17.50$437.50$21.60$540.00$10.00$250.00$14.10$352.50$22.00$550.00$11.20$280.00$18.36$459.00$ 10 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 140 8.75$1,225.00$8.00$1,120.00$3.00$420.00$7.50$1,050.00$12.00$1,680.00$9.70$1,358.00$15.30$2,142.00$ 11 2104.604 REMOVE CONCRETE VALLEY GUTTER SQ YD 30 23.00$690.00$11.30$339.00$8.00$240.00$14.10$423.00$22.00$660.00$25.80$774.00$17.34$520.20$ 12 2106.507 COMMON EMBANKMENT (CV)CU YD 200 0.01$2.00$9.51$1,902.00$26.30$5,260.00$11.40$2,280.00$11.00$2,200.00$10.90$2,180.00$20.00$4,000.00$ 13 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 50 150.00$7,500.00$170.00$8,500.00$175.00$8,750.00$132.00$6,600.00$1.00$50.00$131.00$6,550.00$150.00$7,500.00$ 14 2130.523 WATER M GALLON 50 50.00$2,500.00$28.30$1,415.00$92.00$4,600.00$38.65$1,932.50$45.00$2,250.00$25.70$1,285.00$35.00$1,750.00$ 15 2211.507 AGGREGATE BASE (CV) CLASS 5 (RECLAIM)CU YD 150 5.00$750.00$12.30$1,845.00$12.75$1,912.50$7.00$1,050.00$27.00$4,050.00$24.40$3,660.00$45.00$6,750.00$ 16 2215.504 FULL DEPTH RECLAMATION SQ YD 13000 3.08$40,040.00$4.83$62,790.00$3.40$44,200.00$2.00$26,000.00$4.50$58,500.00$2.55$33,150.00$2.00$26,000.00$ 17 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLON 800 2.50$2,000.00$0.01$8.00$2.50$2,000.00$3.50$2,800.00$2.00$1,600.00$2.65$2,120.00$2.25$1,800.00$ 18 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 1600 64.49$103,184.00$62.00$99,200.00$71.00$113,600.00$68.95$110,320.00$70.00$112,000.00$72.30$115,680.00$74.43$119,088.00$ 19 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3;C)TON 1600 60.32$96,512.00$60.00$96,000.00$66.75$106,800.00$63.20$101,120.00$66.00$105,600.00$67.30$107,680.00$70.76$113,216.00$ 20 2360.604 BITUMINOUS DRIVEWAY PAVEMENT SQ YD 140 44.66$6,252.40$32.40$4,536.00$30.00$4,200.00$29.20$4,088.00$32.00$4,480.00$39.60$5,544.00$35.00$4,900.00$ 21 2451.609 COARSE FILTER AGGREGATE FOUNDATION TON 100 20.00$2,000.00$44.40$4,440.00$16.60$1,660.00$44.50$4,450.00$44.00$4,400.00$42.60$4,260.00$35.00$3,500.00$ 22 2501.606 CHEMICAL GROUT GALLON 15 53.00$795.00$52.10$781.50$202.00$3,030.00$52.75$791.25$170.00$2,550.00$50.50$757.50$50.00$750.00$ 23 2502.503 4" PERF TP PIPE DRAIN LIN FT 1100 19.44$21,384.00$21.20$23,320.00$23.35$25,685.00$21.20$23,320.00$23.00$25,300.00$21.10$23,210.00$20.00$22,000.00$ 24 2502.503 4" PERF TP PIPE DRAIN - SCHED 40 LIN FT 50 30.91$1,545.50$19.80$990.00$24.00$1,200.00$19.85$992.50$24.00$1,200.00$25.20$1,260.00$38.60$1,930.00$ 25 2502.601 LANDSCAPING PROVISION LUMP SUM 1 5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$ 26 2503.602 CONNECT TO EXISTING STORM SEWER EACH 17 800.00$13,600.00$834.00$14,178.00$637.00$10,829.00$835.00$14,195.00$820.00$13,940.00$800.00$13,600.00$975.00$16,575.00$ 27 2503.602 CHANHASSEN 26" LID EACH 20 199.00$3,980.00$245.00$4,900.00$575.00$11,500.00$198.00$3,960.00$220.00$4,400.00$925.00$18,500.00$191.44$3,828.80$ 28 2503.602 INSTALL I & I BARRIER EACH 20 164.00$3,280.00$275.00$5,500.00$462.00$9,240.00$179.00$3,580.00$220.00$4,400.00$256.00$5,120.00$320.00$6,400.00$ C.P. 20-05 - BID TABULATION Owner:CITY OF CHANHASSEN Project:2021 CITY PAVEMENT REHABILITATION PROJECT Date:MARCH 12, 2021 Duininck Valley Paving Park Construction Northwest Asphalt SM Hentge and Sons, Inc Bituminous Roadways GMH Asphalt Corp. 29 2504.602 HYDRANT EACH 2 6,780.00$13,560.00$6,018.00$12,036.00$5,609.00$11,218.00$6,029.00$12,058.00$5,900.00$11,800.00$5,770.00$11,540.00$5,575.00$11,150.00$ 30 2504.602 6" GATE VALVE & BOX EACH 2 1,777.00$3,554.00$2,125.00$4,250.00$1,855.00$3,710.00$2,129.00$4,258.00$2,100.00$4,200.00$2,310.00$4,620.00$3,250.00$6,500.00$ 31 2504.602 VALVE BOLT REPLACEMENT EACH 9 2,730.00$24,570.00$3,126.00$28,134.00$1,410.00$12,690.00$3,312.00$29,808.00$3,200.00$28,800.00$3,080.00$27,720.00$3,350.00$30,150.00$ 32 2506.502 CASTING ASSEMBLY EACH 5 540.00$2,700.00$558.00$2,790.00$1,082.00$5,410.00$697.00$3,485.00$660.00$3,300.00$734.00$3,670.00$617.10$3,085.50$ 33 2506.502 ADJUST FRAME & RING CASTING EACH 29 645.00$18,705.00$579.00$16,791.00$638.00$18,502.00$772.00$22,388.00$650.00$18,850.00$960.00$27,840.00$875.00$25,375.00$ 34 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 19.11 735.00$14,045.85$507.00$9,688.77$414.00$7,911.54$508.00$9,707.88$500.00$9,555.00$486.00$9,287.46$850.00$16,243.50$ 35 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 24.53 1,068.00$26,198.04$743.00$18,225.79$651.00$15,969.03$744.00$18,250.32$730.00$17,906.90$713.00$17,489.89$1,030.00$25,265.90$ 36 2506.602 GROUT MANHOLE - SANITARY EACH 3 1,392.00$4,176.00$1,414.00$4,242.00$903.00$2,709.00$1,398.00$4,194.00$515.00$1,545.00$1,340.00$4,020.00$1,325.00$3,975.00$ 37 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 150 28.95$4,342.50$30.20$4,530.00$36.50$5,475.00$28.30$4,245.00$28.00$4,200.00$29.00$4,350.00$30.00$4,500.00$ 38 2531.503 SURMOUNTABLE CONCRETE CURB LIN FT 850 22.95$19,507.50$23.90$20,315.00$32.25$27,412.50$29.20$24,820.00$28.00$23,800.00$29.00$24,650.00$28.00$23,800.00$ 39 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 25 79.01$1,975.25$74.50$1,862.50$70.00$1,750.00$77.35$1,933.75$76.00$1,900.00$74.80$1,870.00$75.00$1,875.00$ 40 2531.604 8" CONCRETE VALLEY GUTTER SQ YD 60 120.00$7,200.00$125.00$7,500.00$78.00$4,680.00$93.80$5,628.00$93.00$5,580.00$90.70$5,442.00$83.00$4,980.00$ 41 2540.602 INSTALL MAIL BOX SUPPORT EACH 4 65.00$260.00$67.80$271.20$66.00$264.00$68.60$274.40$67.00$268.00$263.00$1,052.00$65.00$260.00$ 42 2563.601 TRAFFIC CONTROL LUMP SUM 1 1,250.00$1,250.00$1,303.00$1,303.00$1,000.00$1,000.00$1,319.00$1,319.00$1,600.00$1,600.00$1,870.00$1,870.00$450.00$450.00$ 43 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 1,000.00$1,000.00$1,849.00$1,849.00$1,200.00$1,200.00$0.01$0.01$1.00$1.00$0.01$0.01$1,000.00$1,000.00$ 44 2573.502 STORM DRAIN INLET PROTECTION EACH 20 100.00$2,000.00$166.00$3,320.00$188.00$3,760.00$106.00$2,120.00$135.00$2,700.00$193.00$3,860.00$150.00$3,000.00$ 45 2573.503 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT 40 3.50$140.00$2.63$105.20$4.35$174.00$3.15$126.00$3.00$120.00$3.10$124.00$6.80$272.00$ 46 2574.507 COMMON TOPSOIL BORROW CU YD 100 44.00$4,400.00$49.20$4,920.00$41.30$4,130.00$0.01$1.00$52.00$5,200.00$47.40$4,740.00$45.00$4,500.00$ 47 2575.504 SODDING TYPE LAWN SQ YD 150 20.00$3,000.00$8.95$1,342.50$10.00$1,500.00$12.65$1,897.50$11.00$1,650.00$15.60$2,340.00$19.60$2,940.00$ 48 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 2 500.00$1,000.00$369.00$738.00$510.00$1,020.00$528.00$1,056.00$370.00$740.00$755.00$1,510.00$500.00$1,000.00$ 49 2575.604 SEEDING SQ YD 3000 1.00$3,000.00$1.90$5,700.00$2.50$7,500.00$1.74$5,220.00$2.00$6,000.00$1.80$5,400.00$1.75$5,250.00$ 50 2582.503 24" SOLID LINE PAINT LIN FT 15 9.50$142.50$9.95$149.25$15.75$236.25$10.00$150.00$10.00$150.00$9.60$144.00$9.50$142.50$ 51 2582.518 CROSSWALK MULTI COMP GR IN (WR)SQ FT 150 7.00$1,050.00$7.33$1,099.50$11.20$1,680.00$10.55$1,582.50$7.50$1,125.00$7.05$1,057.50$7.00$1,050.00$ Schedule E Subtotal:516,629.04$522,650.81$533,246.32$512,653.11$546,508.90$572,076.86$576,293.40$ Schedule:F MARSH DRIVE AREA Item No Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 35,000.00$35,000.00$24,000.00$24,000.00$20,000.00$20,000.00$43,000.00$43,000.00$45,000.00$45,000.00$56,100.00$56,100.00$40,000.00$40,000.00$ 2 2101.524 CLEARING TREE 1 270.00$270.00$209.00$209.00$265.00$265.00$264.00$264.00$260.00$260.00$253.00$253.00$550.00$550.00$ 3 2101.524 GRUBBING TREE 1 180.00$180.00$104.00$104.00$183.00$183.00$106.00$106.00$110.00$110.00$101.00$101.00$125.00$125.00$ 4 2104.502 REMOVE MANHOLE OR CATCH BASIN EACH 7 400.00$2,800.00$725.00$5,075.00$412.00$2,884.00$726.00$5,082.00$710.00$4,970.00$695.00$4,865.00$550.00$3,850.00$ 5 2104.502 SALVAGE MAIL BOX SUPPORT EACH 14 50.00$700.00$52.10$729.40$51.00$714.00$52.75$738.50$52.00$728.00$707.00$9,898.00$50.00$700.00$ 6 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT 70 5.00$350.00$5.21$364.70$5.35$374.50$5.30$371.00$5.50$385.00$3.05$213.50$5.00$350.00$ 7 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 400 2.50$1,000.00$1.88$752.00$2.15$860.00$1.90$760.00$2.00$800.00$2.55$1,020.00$1.80$720.00$ 8 2104.503 REMOVE CURB & GUTTER LIN FT 1600 7.75$12,400.00$6.82$10,912.00$5.00$8,000.00$6.60$10,560.00$8.50$13,600.00$6.50$10,400.00$5.10$8,160.00$ 9 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 75 17.75$1,331.25$21.50$1,612.50$9.00$675.00$14.10$1,057.50$22.00$1,650.00$11.20$840.00$17.34$1,300.50$ 10 2106.507 COMMON EMBANKMENT (CV)CU YD 600 0.01$6.00$9.51$5,706.00$26.30$15,780.00$11.40$6,840.00$11.00$6,600.00$10.90$6,540.00$20.00$12,000.00$ 11 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 50 150.00$7,500.00$170.00$8,500.00$175.00$8,750.00$132.00$6,600.00$1.00$50.00$131.00$6,550.00$150.00$7,500.00$ 12 2130.523 WATER M GALLON 50 50.00$2,500.00$28.30$1,415.00$92.00$4,600.00$38.65$1,932.50$45.00$2,250.00$25.70$1,285.00$35.00$1,750.00$ 13 2211.507 AGGREGATE BASE (CV) CLASS 5 (RECLAIM)CU YD 300 5.00$1,500.00$12.30$3,690.00$7.00$2,100.00$7.00$2,100.00$27.00$8,100.00$24.40$7,320.00$45.00$13,500.00$ 14 2215.504 FULL DEPTH RECLAMATION SQ YD 20000 3.08$61,600.00$3.77$75,400.00$3.35$67,000.00$1.90$38,000.00$4.20$84,000.00$2.55$51,000.00$2.00$40,000.00$ 15 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLON 1200 2.50$3,000.00$0.01$12.00$2.50$3,000.00$3.50$4,200.00$2.00$2,400.00$2.65$3,180.00$2.25$2,700.00$ 16 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3;C)TON 2400 64.98$155,952.00$62.00$148,800.00$72.00$172,800.00$69.65$167,160.00$70.00$168,000.00$71.20$170,880.00$75.22$180,528.00$ 17 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3;C)TON 2400 60.85$146,040.00$60.00$144,000.00$66.25$159,000.00$64.50$154,800.00$65.00$156,000.00$67.90$162,960.00$71.55$171,720.00$ 18 2360.604 BITUMINOUS DRIVEWAY PAVEMENT SQ YD 220 44.66$9,825.20$30.00$6,600.00$29.00$6,380.00$29.20$6,424.00$32.00$7,040.00$39.60$8,712.00$35.00$7,700.00$ C.P. 20-05 - BID TABULATION Owner:CITY OF CHANHASSEN Project:2021 CITY PAVEMENT REHABILITATION PROJECT Date:MARCH 12, 2021 Duininck Valley Paving Park Construction Northwest Asphalt SM Hentge and Sons, Inc Bituminous Roadways GMH Asphalt Corp. 19 2451.609 COARSE FILTER AGGREGATE FOUNDATION TON 100 20.00$2,000.00$44.40$4,440.00$16.61$1,661.00$44.50$4,450.00$44.00$4,400.00$42.60$4,260.00$35.00$3,500.00$ 20 2501.606 CHEMICAL GROUT GALLON 50 53.00$2,650.00$52.10$2,605.00$202.00$10,100.00$52.75$2,637.50$170.00$8,500.00$50.50$2,525.00$50.00$2,500.00$ 21 2502.503 4" PERF TP PIPE DRAIN LIN FT 1200 19.48$23,376.00$21.20$25,440.00$15.05$18,060.00$21.20$25,440.00$23.00$27,600.00$21.00$25,200.00$20.00$24,000.00$ 22 2502.601 LANDSCAPING PROVISION LUMP SUM 1 5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$ 23 2503.602 CONNECT TO EXISTING STORM SEWER EACH 15 800.00$12,000.00$834.00$12,510.00$638.00$9,570.00$835.00$12,525.00$820.00$12,300.00$800.00$12,000.00$975.00$14,625.00$ 24 2503.602 CHANHASSEN 26" LID EACH 32 199.00$6,368.00$245.00$7,840.00$575.00$18,400.00$198.00$6,336.00$220.00$7,040.00$925.00$29,600.00$191.44$6,126.08$ 25 2503.602 INSTALL I & I BARRIER EACH 32 164.00$5,248.00$275.00$8,800.00$462.00$14,784.00$179.00$5,728.00$220.00$7,040.00$256.00$8,192.00$320.00$10,240.00$ 26 2503.602 RECONSTRUCT INSIDE DROP EACH 2 2,800.00$5,600.00$4,205.00$8,410.00$2,659.00$5,318.00$4,213.00$8,426.00$4,200.00$8,400.00$4,030.00$8,060.00$5,789.00$11,578.00$ 27 2504.602 VALVE BOLT REPLACEMENT EACH 30 2,781.00$83,430.00$3,126.00$93,780.00$1,410.00$42,300.00$3,312.00$99,360.00$3,200.00$96,000.00$3,080.00$92,400.00$3,350.00$100,500.00$ 28 2506.502 CASTING ASSEMBLY EACH 7 486.00$3,402.00$558.00$3,906.00$1,192.00$8,344.00$697.15$4,880.05$675.00$4,725.00$734.00$5,138.00$617.10$4,319.70$ 29 2506.502 ADJUST FRAME & RING CASTING EACH 45 650.00$29,250.00$559.00$25,155.00$720.00$32,400.00$772.00$34,740.00$675.00$30,375.00$960.00$43,200.00$875.00$39,375.00$ 30 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 9.34 544.00$5,080.96$431.00$4,025.54$415.00$3,876.10$432.00$4,034.88$425.00$3,969.50$413.00$3,857.42$850.00$7,939.00$ 31 2506.503 CONST DRAINAGE STRUCTURE DES 60-4020 LIN FT 8.07 849.00$6,851.43$678.00$5,471.46$562.00$4,535.34$679.00$5,479.53$670.00$5,406.90$650.00$5,245.50$950.00$7,666.50$ 32 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 42 984.00$41,328.00$826.00$34,692.00$648.00$27,216.00$827.00$34,734.00$810.00$34,020.00$792.00$33,264.00$1,030.00$43,260.00$ 33 2506.603 SUMP STRUCTURE BAFFLE EACH 2 7,257.00$14,514.00$8,435.00$16,870.00$9,000.00$18,000.00$8,452.00$16,904.00$8,250.00$16,500.00$8,090.00$16,180.00$7,550.00$15,100.00$ 34 2506.602 GROUT MANHOLE - SANITARY EACH 10 1,392.00$13,920.00$1,414.00$14,140.00$903.00$9,030.00$1,398.00$13,980.00$515.00$5,150.00$1,340.00$13,400.00$1,325.00$13,250.00$ 35 2506.602 GROUT DRAINAGE STRUCTURE EACH 6 1,057.00$6,342.00$1,048.00$6,288.00$903.00$5,418.00$1,055.00$6,330.00$390.00$2,340.00$1,010.00$6,060.00$1,005.00$6,030.00$ 36 2521.518 6" CONCRETE WALK SQ FT 100 13.63$1,363.00$16.90$1,690.00$12.70$1,270.00$15.95$1,595.00$14.00$1,400.00$13.50$1,350.00$16.00$1,600.00$ 37 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 300 28.95$8,685.00$30.20$9,060.00$36.50$10,950.00$28.30$8,490.00$28.00$8,400.00$29.00$8,700.00$33.00$9,900.00$ 38 2531.503 SURMOUNTABLE CONCRETE CURB LIN FT 1300 22.95$29,835.00$23.90$31,070.00$32.25$41,925.00$29.10$37,830.00$28.00$36,400.00$28.30$36,790.00$26.00$33,800.00$ 39 2531.504 6" CONCRETE DRIVEWAY PAVEMENT SQ YD 75 79.01$5,925.75$73.90$5,542.50$70.00$5,250.00$71.60$5,370.00$71.00$5,325.00$69.30$5,197.50$65.00$4,875.00$ 40 2531.618 TRUNCATED DOMES SQ FT 16 60.00$960.00$62.60$1,001.60$56.00$896.00$52.75$844.00$52.00$832.00$51.00$816.00$60.00$960.00$ 41 2540.602 INSTALL MAIL BOX SUPPORT EACH 14 65.00$910.00$67.80$949.20$66.00$924.00$68.60$960.40$67.00$938.00$919.00$12,866.00$65.00$910.00$ 42 2563.601 TRAFFIC CONTROL LUMP SUM 1 1,850.00$1,850.00$1,929.00$1,929.00$765.00$765.00$1,952.00$1,952.00$1,600.00$1,600.00$909.00$909.00$550.00$550.00$ 43 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 3,000.00$3,000.00$3,697.00$3,697.00$1,200.00$1,200.00$0.01$0.01$1.00$1.00$0.01$0.01$1,000.00$1,000.00$ 44 2573.502 STORM DRAIN INLET PROTECTION EACH 20 100.00$2,000.00$166.00$3,320.00$188.00$3,760.00$106.00$2,120.00$135.00$2,700.00$193.00$3,860.00$150.00$3,000.00$ 45 2573.503 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT 50 3.50$175.00$2.63$131.50$4.35$217.50$3.15$157.50$3.00$150.00$3.10$155.00$6.80$340.00$ 46 2574.507 COMMON TOPSOIL BORROW CU YD 150 44.00$6,600.00$45.30$6,795.00$41.00$6,150.00$35.00$5,250.00$52.00$7,800.00$47.10$7,065.00$45.00$6,750.00$ 47 2575.504 SODDING TYPE LAWN SQ YD 180 20.00$3,600.00$8.95$1,611.00$10.00$1,800.00$12.65$2,277.00$11.00$1,980.00$15.60$2,808.00$19.60$3,528.00$ 48 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 2 500.00$1,000.00$369.00$738.00$510.00$1,020.00$528.00$1,056.00$370.00$740.00$755.00$1,510.00$500.00$1,000.00$ 49 2575.604 SEEDING SQ YD 4000 1.00$4,000.00$1.90$7,600.00$2.55$10,200.00$1.69$6,760.00$2.00$8,000.00$1.80$7,200.00$1.75$7,000.00$ Schedule F Subtotal:778,218.59$792,389.40$793,705.44$815,642.37$856,975.40$904,925.93$883,375.78$ Bid Alternate 1 TRAPPERS PASS POND IMPROVEMENTS Item No Mn/DOT No.Item Description Unit Contract Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2021.501 MOBILIZATION LUMP SUM 1 36,000.00$36,000.00$5,000.00$5,000.00$4,000.00$4,000.00$5,000.00$5,000.00$10,000.00$10,000.00$20,500.00$20,500.00$10,000.00$10,000.00$ 2 2105.507 CHANNEL AND POND EXCAVATION (LV)CU YD 2400 29.00$69,600.00$47.40$113,760.00$26.25$63,000.00$33.75$81,000.00$45.00$108,000.00$26.20$62,880.00$45.00$108,000.00$ 3 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR 10 150.00$1,500.00$170.00$1,700.00$175.00$1,750.00$132.00$1,320.00$1.00$10.00$131.00$1,310.00$150.00$1,500.00$ 4 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 2,000.00$2,000.00$4,143.00$4,143.00$1,200.00$1,200.00$1,000.00$1,000.00$2,500.00$2,500.00$1,560.00$1,560.00$1,000.00$1,000.00$ 5 2573.502 STORM DRAIN INLET PROTECTION EACH 2 100.00$200.00$166.00$332.00$188.00$376.00$106.00$212.00$135.00$270.00$193.00$386.00$150.00$300.00$ 6 2573.503 SILT FENCE, TYPE MS LIN FT 200 4.00$800.00$1.84$368.00$2.50$500.00$2.11$422.00$2.00$400.00$2.60$520.00$8.25$1,650.00$ 7 2574.507 COMMON TOPSOIL BORROW CU YD 150 25.00$3,750.00$47.00$7,050.00$41.00$6,150.00$35.00$5,250.00$52.00$7,800.00$47.40$7,110.00$45.00$6,750.00$ 8 2575.504 SODDING TYPE LAWN SQ YD 300 10.00$3,000.00$8.95$2,685.00$10.00$3,000.00$10.55$3,165.00$10.00$3,000.00$15.60$4,680.00$19.60$5,880.00$ 9 2575.501 SEEDING SQ YD 1150 3.00$3,450.00$1.90$2,185.00$2.55$2,932.50$1.74$2,001.00$2.00$2,300.00$2.10$2,415.00$1.75$2,012.50$ 10 2572.503 TEMPORARY FENCE LIN FT 460 3.00$1,380.00$1.74$800.40$5.00$2,300.00$7.65$3,519.00$2.00$920.00$2.10$966.00$2.10$966.00$ C.P. 20-05 - BID TABULATION Owner:CITY OF CHANHASSEN Project:2021 CITY PAVEMENT REHABILITATION PROJECT Date:MARCH 12, 2021 Duininck Valley Paving Park Construction Northwest Asphalt SM Hentge and Sons, Inc Bituminous Roadways GMH Asphalt Corp. Bid Alternate 1 Subtotal:121,680.00$138,023.40$85,208.50$102,889.00$135,200.00$102,327.00$138,058.50$ BID SUMMARY Schedule Description A TRAPPERS PASS AREA 2,310,284.37$2,348,256.82$2,314,366.93$2,349,427.21$2,452,246.05$2,366,029.86$2,420,196.39$ B REDWING LANE AREA 355,087.84$359,722.62$367,333.56$379,007.83$383,016.40$403,854.79$462,877.64$ C CHOCTAW CIRCLE AREA 271,478.89$290,222.19$311,916.76$301,456.70$308,337.15$318,907.66$359,677.22$ D LAKE LUCY ROAD AREA 521,986.83$520,601.91$527,802.82$525,078.43$541,940.10$554,541.32$585,762.04$ E KURVERS POINT ROAD AREA 516,629.04$522,650.81$533,246.32$512,653.11$546,508.90$572,076.86$576,293.40$ F MARSH DRIVE AREA 778,218.59$792,389.40$793,705.44$815,642.37$856,975.40$904,925.93$883,375.78$ TOTAL BASE BID 4,753,685.56$4,833,843.75$4,848,371.83$4,883,265.65$5,089,024.00$5,120,336.42$5,288,182.47$ BID ALT. 1 TRAPPERS PASS POND IMPROVEMENTS TOTAL BID ALTERNATE 1 121,680.00$138,023.40$85,208.50$102,889.00$135,200.00$102,327.00$138,058.50$ CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COLTNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on April 7,2021, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached Notice of Public Hearing on Proposed Assessments for the 2021City Pavement Rehabilitation Project No. 20-05, to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver and Hennepin Counties, Minnesota, and by other appropriate records. Kim T Clerk JEAttI M STECKLII{G t{Gry PrtleMtlrrercta :qfurfur,rtal,.&. Notary Pu Subscribed and sworn to befbre me thi davoL,2o2l. g:\eng\public\_2020 projects\20-05 local streets rehab\assessments\2021 assessments\20-05 ph assessment notice to paper-2021.docx NOTICE OF ASSESSMENT HEARING CITY OF CHANHASSEN, MINNESOTA 2021 CITY PAVEMENT REHABILITATION PROJECT NO. 20-05 Notice is hereby given that the Chanhassen City Council will meet at 7:00 p.m. on Monday, April 26, 2021, at the City Hall Council Chambers, 7700 Market Boulevard, Chanhassen, Minnesota, to consider, and possibly adopt, the proposed assessments for the 2021 City Pavement Rehabilitation Project No. 20-05. Adoption by the Council of the proposed assessments may occur at the hearing. In general, this project includes improvements to the streets listed below, minor repairs to the water distribution system, and repairs to sanitary sewer and storm sewer. Properties to be assessed are those deriving direct benefits from this project as defined by the City’s Assessment Practice. Specifically, it is those properties abutting and accessing from the following street sections: Road Name To Include Choctaw Circle area Choctaw Circle, Brule Circle Kurvers Point Road area Kurvers Point Road, Willow View Cove, Twin Maple Lane, Basswood Circle Lake Lucy Road area Lake Lucy Road, Troendle Circle, Vineland Court, Nez Perce Drive Marsh Drive area Marsh Drive, Dakota Lane, Sinnen Circle, Hidden Lane, Hidden Court, Hidden Circle Redwing Lane area Redwing Lane, Penamint Lane, Penamint Court Trappers Pass area Trappers Pass, Oxbow Bend, Mountain Way, Near Mountain Boulevard, Mountain View Court, Cascade Pass, Cascade Circle, Cascade Court, Castle Ridge, Castle Ridge Court, Shasta Circle East, Shasta Circle West, Trapline Circle, Trapline Lane, Stag Horn Lane, Summit Circle, Olympic Circle, Piedmont Court, Rojina Lane, Timber Hill Road The proposed assessment roll is on file for public inspection at the office of the City Clerk. The total amount proposed to be assessed is $1,383,981.44. The estimated total cost of all improvements for the project is $4,753,685.56. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. Under Minn. Stat. §§ 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for who it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance (resolution) adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his property. Laurie Hokkanen City Manager/City Clerk (Publish in the Chanhassen Villager on April 8, 2021) Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2021 2025 thru Department Street Improvements Description Annual project to rehabilitate and/or reconstruct streets in the City. The 5 year Capital Pavement Management Plan identifies the planned streets for the next five years. The Plan gets updated every fall to review priorities and needs. Project #ST-012 Priority n/a Justification The City uses a Pavement Management System to monitor the condition of the City streets. While proper preventative maintenance extends the life of the street and is cost effective, a street will eventually deteriorate to a point that major maintenance is required. Rehabilitation projects extend the life of the street. In cases when utilities or poor sub grade needs to be replaced or where streets have deteriorated to a point where rehabilitation will no longer be practical, reconstruction of the street is necessary. A feasibility study is written to consider the merits of the project, scope of work and assessments. Budget Impact/Other The construction allotment revenue the City receives from MSA has been cut by 15% for 2021. No advancements are being approved by MSA until further notice. The City has an Assessment Policy, last updated in 2014, that identifies what and how much of the project is assessed to benefiting properties. Useful Life UnassignedProject Name Annual Street Improvement Program Category Streets/Highways Type Improvement Account #2 Account #1 601-6xxx-4xxx Total Project Cost:$59,152,000 Account #4 Account #3 Total2021 2022 2023 2024 2025Expenditures 26,895,0006,795,000 4,875,000 4,975,000 5,075,000 5,175,000Construction 6,795,000 4,875,000 4,975,000 5,075,000 5,175,000 26,895,000Total Prior 32,257,000 Total Total2021 2022 2023 2024 2025Funding Sources 19,000,0003,600,000 3,700,000 3,800,000 3,900,000 4,000,000Assessment/Revolving Assess Fund 975,000975,000MSA 1,320,000420,000 225,000 225,000 225,000 225,000Sewer Utility Fund 2,500,000500,000 500,000 500,000 500,000 500,000Surface Water Utility Fund 3,100,0001,300,000 450,000 450,000 450,000 450,000Water Utility Fund 6,795,000 4,875,000 4,975,000 5,075,000 5,175,000 26,895,000Total Prior 32,257,000 Total Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2021 2025 thru Department Surface Water Management Description This program will provide inspection and cleaning of City stormwater ponds. This work may include sediment removal, placement of blanket, rip-rap or other erosion control BMP's, vegetation management and assessment, repair and replacement of inlet and outlet structures. Project #SWMP-032 Priority n/a Justification There are approximately 300 stormwater ponds in the City of Chanhassen, all requiring regular maintenance to assure they function to National Urban Runoff Program recommendations. This measure has also been identified in Chanhassen's National Pollution Discharge Elimination Municipal Separate Storm Sewer System (MS4) permit. The project will also minimize flooding potential. Budget Impact/Other Public works streets staff often do minor stormwater pond maintenance. Useful LifeProject Name Stormwater Pond Improvements Category SWMP Type Improvement Account #2 Account #1 720-7025-4xxx Total Project Cost:$4,070,000 Account #4 Account #3 Total2021 2022 2023 2024 2025Expenditures 3,250,000650,000 650,000 650,000 650,000 650,000Maintenance 650,000 650,000 650,000 650,000 650,000 3,250,000Total Prior 820,000 Total Total2021 2022 2023 2024 2025Funding Sources 3,250,000650,000 650,000 650,000 650,000 650,000Surface Water Utility Fund 650,000 650,000 650,000 650,000 650,000 3,250,000Total Prior 820,000 Total 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 26, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: A RESOLUTION ADOPTING ASSESSMENT ROLL FOR THE 2021 CITY PAVEMENT REHABILITION PROJECT NO. 20-05 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of the project area contained within the: 2021 City Pavement Rehabilitation Project NOW THEREFORE, BE IT RESOLVED by the City Council of Chanhassen, Minnesota: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of eight (8) years, the first of the installments to be payable on or before the first Monday in January, 2022, and shall bear interest at the rate up to 5.25 percent (5.25%) per annum. This assessment will appear on the first property tax statement for 2022. To the first installment shall be added interest on the entire assessment from November 23, 2021 until December 31, 2021. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid by November 22, 2021; and the owner may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. If the property owner decides not to prepay the assessment before the date given above, the rate of interest that will apply shall be up to 5.25 percent (5.25%) per year. The right to partially prepay the assessment is not available. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed and adopted by the Chanhassen City Council this 26th day of April, 2021. 2 ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 26, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR THE 2021 CITY PAVEMENT REHABILITATION PROJECT NO. 20-05 WHEREAS, pursuant to an advertisement for bids for Project No. 20-05 (2021 City Pavement Rehabilitation Project), bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: WHEREAS, Northwest Asphalt is the lowest responsible bidder with a total bid amount to be awarded of $4,875,365.56; NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Northwest Asphalt in the name of the City of Chanhassen for the 2021 City Pavement Rehabilitation Project No. 20-05 according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Passed and adopted by the Chanhassen City Council this 26th day of April, 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Adopt Strategic Plan Section NEW BUSINESS Item No: I.1. Prepared By Laurie Hokkanen, City Manager File No: ADM­110 PROPOSED MOTION “The City Council adopts the 2021­2024 Strategic Plan."  Approval requires a Simple Majority Vote of members present. SUMMARY On February 19 and 20, the City Council and senior staff discussed strategic goals for the City of Chanhassen. After these goals were established, staff developed strategic initiatives in furtherance of those goals. The City Council reviewed the draft plan at the March 22 and April 12, 2021 work sessions.  BACKGROUND The planning effort began with an examination of the operating environment, followed by a SWOT analysis. The Council and senior staff developed a set of priorities, key outcomes and performance targets and outlined draft versions of the organization's vision, mission and values. Based on these priorities, senior management met on March 9 and 16 to identify and refine a set of strategic initiatives, key outcome indicators, performance targets and strategic initiatives. The result is the attached Strategic Plan for 2021­2024. DISCUSSION After the plan is adopted, staff will work to complete specific action plans, setting up a timeline, sharing the Strategic Plan with city staff and the community, and integrating the plan into ongoing communication.  RECOMMENDATION Staff recommends adoption of the 2021­2024 Strategic Plan. ATTACHMENTS: 2021­2024 Strategic Plan City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 1 STRATEGIC PLAN FY 2021 – 2024 MARCH 2021 City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 2 March 15, 2021 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 RE: FY 2021-2024 Strategic Plan – City of Chanhassen Dear Mayor Ryan, I am pleased to present the 2021-2024 Strategic Plan and Summary Report to the City of Chanhassen. The plan reflects the organization’s priorities, commitment to measurable results and the delivery of quality services. It has been a pleasure assisting the City of Chanhassen with this important project. You, the City Council, and the senior management displayed clear thinking, dedication and focused effort. I particularly wish to thank Interim City Manager Heather Johnston and Assistant City Manager Jake Foster for their help and support during the process. Craig R. Rapp President 40 East Chicago Avenue #340, Chicago, IL 60611 800-550-0692 • www.craigrapp.com City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 3 TABLE OF CONTENTS Executive Summary 1 Strategic Plan Summary FY 2021-2024 2 Vision, Mission, Values 3 Strategic Planning Process 4 The Current Environment, SWOT 9 Strategic Issues and Challenges 11 Defining Priorities, Outcomes, Targets 12 Implementing the Vision: Strategic Initiatives 15 Strategic Planning Participants 16 City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 1 EXECUTIVE SUMMARY 1 FINANCIAL SUSTAINABILITY 2 ASSET MANAGEMENT 3 DEVELOPMENT & REDEVELOPMENT 4 OPERATIONAL EXCELLENCE 5 COMMUNICATIONS The Plan Five Strategic Priorities From January 2021 through March 2021, the City of Chanhassen engaged in a strategic planning process. The process resulted in a strategic plan covering FY 2021-2024. The plan consists of five strategic priorities — the issues of greatest importance to the City of Chanhassen over the next three years. Associated with each priority is a set of desired outcomes, key outcome indicators, and performance targets, describing expected results and how the results will be measured. The plan also includes strategic initiatives that will be undertaken to achieve the targeted outcomes. The planning effort began with an examination of the operating environment, followed by a SWOT analysis. On February 19-20, 2021, the City Council and senior management team held strategic planning sessions. They developed a set of priorities, key outcomes and performance targets, and outlined draft versions of the organization’s vision, mission and values. Based upon those priorities, the City’s senior management team met on March 9, 2021 to identify a set of strategic initiatives and develop detailed action plans. The strategic priorities, key outcome indicators, performance targets and strategic initiatives are summarized here and on the following page. City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 2 STRATEGIC PLAN SUMMARY 2021–2024City of Chanhassen Financial stability in all funds -Fund balances -Fund policies -Approved budget -Service levels -Fund balance targets, strategy in place 2022 -2024 Fund balance within policy -Core service levels defined by 6/2023 - long-term financial resources aligned with service level by 2024 a)Establish service levels in core operations b)Improve internal control structure c)Adopt financial policies d) Comprehensive 5-year financial plan e)Update financial system f) Departments trained to use financial system Financial policies guide decision making -Financial policies -Financial policies adopted and used to develop annual budget beginning 2022 Financial systems produce timely, accurate and meaningful financial information -Automated processes - Standards and ad-hoc reports -Update Springbrook software by July 2021 -Automate all workflows by 12/2023 -Implement on-line budget process by 12/2021 - Select and implement new financial system by 12/2023 Effective utilization of and protection of assets -Industry standards -Approved policies -Meet 2022/2023/2024 targeted metrics a)Comprehensive inventory of assets b) Establish comprehensive capital and asset management and replacement system c) Create integrated maintenance program to support LOS d)Evaluate hiring asset manager Ability to pay for critical assets -Financial balances -Life-cycle costs -Fund sources & strategies in place for critical assets ($100k+) by 7/2023 Assets adequate to support adopted levels of service -Level of service standards - Level of service asset inventory -LOS standards for critical operations adopted by 6/2022 - Minimum asset allocation for critical operations by 6/2023 Diversity in new development -# of units -Sq. ft. -Jobs -Permits -Avienda development completed by 1/2027 -Lift station #32 completed by 2023 -See development activity of at least three types each year a)Reconcile ordinances with Comprehensive Plan Goals b) Review downtown vision plan and identify roadblocks c) Inventory vacant or underutilized buildings d) Review “business friendly” policies, approaches e) Evaluate plan for supportive infrastructure for future development Redevelopment consistent with our vision -# of public-private partnerships -Stakeholder feedback -One CDA project/year -75% decisions supported by key stakeholders New innovative places and spaces -# new ideas - # pilot projects -2 ideas become real projects by 2024 Satisfied workforce -Employee survey results - In 2021, 90% of employees participate in employee survey a)Establish employee engagement and development program b) Conduct a class and comp study, including implementing related supervisor training for employee evaluations c) Develop customer service standards and practices d)Develop complaint tracking system e) Evaluate and conduct efficiency improvement projects A competent workforce -Training standards -Licenses, certifications -12% turnover rate (nonretirement) 2021-2024 - Each employee participates in one job-specific training and one professional development training Improved operational effectiveness , including through the use of technology and innovation -Processing, response, cycle times -Service levels -Complaints -Survey results -Resident satisfaction with targeted services at/above 75% in 2022 community survey -Demonstrated efficiency improvements: 2 departments by 12/2024 Improved understanding of city operations -Survey results (community)- Annually, see increase in % of residents indicating knowledge of city operations a)Establish an external communication plan b) Establish an internal communication plan c)Complete website enhancements d) Develop/deploy community engagement strategy Improved internal communication -Intranet usage stats -Survey results (internal) -Increase satisfaction with internal communication by 25% between 2021-2024 Improved communication with outside organizations -Partner communication -Survey (partners) - 80% of survey respondents indicate good communication with City of Chanhassen by 2024 FinancialSustainability Asset Management Development & Redevelopment Operational Excellence Strategic Priority Desired Outcome Key OutcomeIndicator Target StrategicInitiatives Communications City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 3 OUR VALUES INNOVATION We seek to be innovate, collaborative problem solvers to provide responsive, quality services. RESPECT We believe in people and we strive to treat them with dignity in and equitable and inclusive manner. OUR VISION Chanhassen is a safe, welcoming community with engaged residents, abundant natural amenities and vibrant businesses, supported by valued services that make this a community for life. OUR MISSION Our mission is to serve the public. We do this through the delivery of reliable, cost-effective services designed to provide a safe, sustainable community. STEWARDSHIP We strive to manage transparently the City’s financial investments to provide essential services and protect its valuable assets and natural resources. ENGAGEMENT We seek to provide opportunities for residents to connect with the community, each other and the natural environment. City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 4 STRATEGIC PLANNING PROCESS Strategic planning is a process that helps leaders examine the current state of the organization, determine a desired future state, establish priorities, and define a set of actions to achieve specific outcomes. The process followed by the City of Chanhassen was designed to answer four key questions: (1) Where are we now? (2) Where are we going? (3) How will we get there? (4) What will we do? The process is divided into a development phase and an implementation phase. The full process is depicted below.? Process Initiation – Setting Expectations, Reviewing Current Situation The strategic planning process began with a meeting of the consultant and the City’s senior management team on January 26, 2021. The meeting included a review of strategic planning principles, a discussion of the upcoming planning retreat, an examination of vision, mission and value statements, past strategic planning efforts, and current challenges. The session concluded with a set of recommended principles for the vision, mission and value statements, and a process for conducting the planning retreat. DEVELOPMENT IMPLEMENTATION Where we are Where we’re going How we’ll get there What we’ll do Scan the environment – Conduct internal and external analysis (SWOT) – Develop Strategic Profile– Identify Strategic Challenges Define our Mission – Articulate Core Values– Set a Vision – Establish Goals– Identify Key Intended Outcomes Develop Initiatives – Define Performance Measures– Set Targets and Thresholds –Cascade throughout organization Create Detailed Action Plans –Establish Accountability: Who, What, When – Identify Success Indicators – Provide Resources 1.Where are we now? 2.Where are we going? 3.How will we get there? 4.What will we do? City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 5 Setting Direction: Vision, Value Proposition, Mission, and Values On February 19-20, 2021, the City held a retreat to develop the strategic plan. As they addressed the question of “Where are we now?” the group was challenged to define the current organizational culture and its value proposition—understanding that an organization’s culture, and the value proposition it puts forth provide the foundation for the way in which services are delivered and strategic direction is set. The three value propositions and core cultures are summarized as follows. THREE VALUEPROPOSITIONS Operational Excellence (ex: Wal-Mart, Southwest Airlines) •Deliver quality, price and ease of purchase that no one else can match! Product/Service Leadership (ex: Apple, Google) •The best product/service...period! Customer Intimacy (ex: Nordstrom, Ritz-Carlton) •The best total solution! (acts as a partner with you) FOUR CORE CULTURES Control Culture (example: Military - command and control) Strengths: Systematic, clear, conservative Weaknesses: Inflexible, compliance more important than innovation Competence Culture (ex: Research Lab – best and brightest) Strengths: Results oriented, efficient, systematic Weaknesses: Values can be ignored, human element missing, over planning Collaboration Culture (example: Family-teams) Strengths: Manages diversity well, versatile, talented Weaknesses: Decisions take longer, group think, short-term oriented Cultivation Culture (example: Non-profit/religious group- mission/values) Strengths: Creative, socially responsible, consensus oriented Weaknesses: Lacks focus, judgmental, lack of control City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 6 The group engaged in an extended discussion regarding value proposition, its relationship to organizational culture, and how the City actually operates. It was generally agreed that the City desires to have a customer intimate approach, but that operational excellence has been important and will continue to be important for financial stability. Based upon that understanding, operational excellence was determined to be the primary value proposition, with customer intimacy as a secondary focus. ASSESS CURRENT ENVIRONMENT • Senior Management Review • Previous Plan Status • Vision/Mission/Values • Environment Scan • Stakeholder Engagement IMPLEMENT THE PLAN • Implementation Session - Strategic Initiatives - Action Plans • Refine Details • Final Review, Approval SET PRIORITIES, TARGETS • Strategic Planning Retreat • Operating Environment - Culture, Value Proposition - Internal SWOT • Vision/Mission/Values • Challenges, Priorities • Outcomes, KOI’s, Targets STRATEGIC PLANNING PROCESS City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 7 The group then directed their attention to their mission, vision and values statements. They examined a range of concepts and statements from other cities, spent time reflecting and debating their purpose and their long-term aspirations for the community. A brainstorming process ensued, resulting in the identification of key concepts the group favored for each statement. These were then used by the consultant over the succeeding weeks to create draft statements. The proposed vision, mission and value statements are listed below. MISSION STATEMENT Our mission is to serve the public. We do this through the delivery of reliable, cost-effective services designed to provide a safe, sustainable community. VISION STATEMENT Chanhassen is a safe, welcoming community for all generations with engaged residents, abundant natural amenities and vibrant businesses, supported by valued services that make this a great place to call home. City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 8 VALUES INNOVATION We seek to be innovate, collaborative problem solvers to provide responsive, quality services. RESPECT We believe in people and we strive to treat them with dignity in and equitable and inclusive manner. STEWARDSHIP We strive to manage transparently the city’s financial investments to provide essential services and protect its valuable assets and natural resources. ENGAGEMENT We seek to provide opportunities for residents to connect with the community, each other and the natural environment. ASSESS CURRENT ENVIRONMENT • Senior Management Review • Previous Plan Status • Vision/Mission/Values • Environment Scan • Stakeholder Engagement IMPLEMENT THE PLAN • Implementation Session - Strategic Initiatives - Action Plans • Refine Details • Final Review, Approval SET PRIORITIES, TARGETS • Strategic Planning Retreat • Operating Environment - Culture, Value Proposition - Internal SWOT • Vision/Mission/Values • Challenges, Priorities • Outcomes, KOI’s, Targets STRATEGIC PLANNING PROCESS City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 9 Reviewing the Environment, Setting Strategic Priorities Following the value proposition, vision, mission and value statement discussion, the leadership team continued the process of assessing the operating environment. This was done via a SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis--a process that examines the organization’s internal strengths and weaknesses, as well as the opportunities and threats in the external environment. To facilitate this, a SWOT questionnaire was distributed to the City Council and senior staff in advance of the planning session. Using the SWOT data, a small group review process revealed the most frequently mentioned characteristics in each area. STRENGTHS •Good financial stewards (AAA Bond Rating) •Competent and dedicated employees (motivated) •Flexible/adaptable/collaborative (open to change) WEAKNESSES •Lack of investment (On staff, facilities, infrastructure, technology and services) •Planning (Financial,strategic, policies) •Trust (Internal and external) •Develop/redevelopment focus •Staff utilization/leverage •Collaboration (Residents, Stakeholders, neighboring communities) •Long-term visioning/planning OPPORTUNITIES •Lack of trust •Long-term financial planning – infrastructure – budgets •COVID has amplified anxiety and awareness to existing issues •Security of assets THREATS SWOT Analysis City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 10 The group used this information to identify those opportunities that would be helped the most by the organization’s inherent strengths and which external threats were most likely to exacerbate their weaknesses. STRENGTHS LEVERAGING OPPORTUNITIES (Make good things happen) •Development/Redevelopment •Staff utilization •Collaboration •Long-Term planning/visioning WEAKNESSES EXACERBATED BY THREATS (Keep bad things from happening) •Lack of long-term, integrated financial planning and investment •Lack of trust (Council-staff, Community-city) •Poor communication (Silos, internal, to community) •Inadequate information (Poor processes) a community for life City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 11 Following this exercise, the group examined the results, and engaged in additional brainstorming to identify the strategic issues and challenges facing the organization. STRATEGIC ISSUES/CHALLENGES •Effective communication (external, two ways) •Staff utilization and communication •Building trust •Clear vision/visioning (big picture) •Unreasonable expectations – identifying/discussing reality •Long term consolidated planning •Defining levels of service (LOS) •Innovation •Technology (modernize, utilize – security, support) •Infrastructure •Buildings and facilities assets •Reliable internet •Economy •Population Growth •Climate impacts •Staffing/workforce •Development/Redevelopment •Pace of growth •Citizen engagement/education (two-way) •Aging population •Changing demographics •Performance reporting/metrics •Operations Based upon the challenges and issues identified, a facilitated discussion ensued to determine the highest priorities for the strategic planning period. The following priorities emerged as the most important over the next three years. FINANCIAL SUSTAINABILITY ASSET MANAGEMENT DEVELOPMENT & REDEVELOPMENT OPERATIONAL EXCELLENCE COMMUNICATIONS City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 12 Defining the Priorities To clarify the meaning of each priority, the group identified key concepts which were used at the retreat to create guidance, and ultimately will be used to create definitions. FINANCIAL SUSTAINABILITY •Long-term planning, good value, compensation, risk tolerance/ management, investing in current levels of service, revenue management ASSET MANAGEMENT •Traditional underground, buildings, equipment/fleet, technology, parks/land/trails, security, lakes/water DEVELOPMENT & REDEVELOPMENT •Aesthetically pleasing, balanced, planful/mindful, fiscally responsible, value-added, proactive, not reactive, planning, supportive infrastructure, innovation, maintain/support OPERATIONAL EXCELLENCE •Levels of service, work processes, responsiveness, efficiency, workforce: culture, staffing, training, technology support COMMUNICATIONS •Two-way, engagement, balance-don’t overwhelm, strategic, timely, accurate, open, internal, integrated-non-silo Key Outcomes, Indicators, and Targets by Priority Based upon the definitions, the group determined the most important outcomes to be achieved for each priority, defined Key Outcome Indicators (KOI’s), and developed Performance Targets. KOI’s define progress toward desired outcomes. Performance Targets define successful outcomes, expressed in measurable terms. The alignment created between priorities, outcomes and targets is important, not only for clarity, but also for maintaining a disciplined focus on the desired results. City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 13 FINANCIAL SUSTAINABILITY a. Outcome: Financial stability in all fundsKOI: Fund balances and fund policiesTarget: 2022 – Fund balance targets, strategy in place, 2024 – fund balance with policy b. Outcome: Financial policies guide decision making KOI: Financial policies Target: Financial policies adopted and used to develop 2022+ budget c. Outcome: Resources adequate to meet service levels in core operations KOI: Fund balances, approved budget, service levelsTarget: Core levels of service defined by 6/2023, Long term financial resources service levels alignment by 2024 ASSET MANAGEMENT a. Outcome: Effective utilization of assets KOI: Industry standards, approved policies Target: Meet 2022/2023/2024 targeted metrics b. Outcome: Ability to pay for critical assets KOI: Financial balances, lifestyle costsTarget: Fund sources & strategies in place for critical assets ($100K+) by 7/2023 c. Outcome: Assets adequate to support adopted levels of service KOI: Level of service standards, Level of service asset inventory Target: LOS standards for critical operations adopted by 6/2022, Minimum asset allocation for critical operations by 6/2023 DEVELOPMENT & REDEVELOPMENT a. Outcome: Diversity in new neighborhood KOI: # of units, Sq. ft., Jobs, Permits Target: Avienda development completed by 1/2027, Life station #32 completed by 2023 b. Outcome: Redevelopment consistent with our vision KOI: # of public-private partnerships, Stakeholder feedbackTarget: One CDA project/year, 75% decisions supported by key stakeholders c. Outcome: New innovative places and spaces KOI: # new ideas, # pilot projects Target: 2 ideas become real projects by 2024 City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 14 OPERATIONAL EXCELLENCE a. Outcome: Satisfied workforceKOI: Employee survey resultsTarget: By 2024, 70% employees report being satisfied b. Outcome: A competent workforce KOI: Training standards, licenses, certificationsTarget: 70% of workforce meets standards/certifications, 70% evaluated as exceeding requirements c. Outcome: Improved operational effectivenessKOI: Processing response, cycle times, Service levels, Complaints, Survey resultsTarget: Resident satisfaction with targeted services at/above 75% in 2022 community survey, Demonstrated efficiency improvements: 2 departments by 12/2024 COMMUNICATIONS a. Outcome: Improved understanding of city operationsKOI: Survey results (community)Target: 75% of survey respondents indicate good understanding of city operations by 2024 b. Outcome: Improved internal communication KOI: Intranet usage stats, Survey results (internal)Target: Increase satisfaction with internal communication by 25% between 2021-2024 c. Outcome: Improved communication with outside organizations KOI: Partner communication, Survey (partners)Target: : 75% of survey respondents indicate good communication with City of Chanhassen by 2024 ASSESS CURRENT ENVIRONMENT • Senior Management Review • Previous Plan Status • Vision/Mission/Values • Environment Scan • Stakeholder Engagement IMPLEMENT THE PLAN • Implementation Session - Strategic Initiatives - Action Plans • Refine Details • Final Review, Approval SET PRIORITIES, TARGETS • Strategic Planning Retreat • Operating Environment - Culture, Value Proposition - Internal SWOT • Vision/Mission/Values • Challenges, Priorities • Outcomes, KOI’s, Targets STRATEGIC PLANNING PROCESS City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 15 Implementing the Vision – Developing Strategic Initiatives and Action Plans To successfully address the strategic priorities and achieve the intended outcomes expressed in the performance targets, it is necessary to have a focused set of actions, including detailed implementation steps to guide organizational effort. The City of Chanhassen will accomplish this through a set of strategic initiatives. Strategic initiatives are broadly described, but narrowly focused activities that are aligned with the priorities, and targeted to the achievement of outcomes expressed in the Targets. On March 9, 2021 senior staff met to identify strategic initiatives. Following this session, staff teams worked to develop detailed action plans for each initiative. Financial Sustainability • Establish service levels in core operations • Improve internal control structure • Adopt financial policies • Comprehensive 5-year financial plan • Update financial system • Departments trained to use financial system Asset Management • Comprehensive inventory of assets • Establish comprehensive capital and asset management and replacement system • Create integrated maintenance program to support LOS • Evaluate hiring asset manager Development & Redevelopment • Reconcile ordinances with 2040 Comprehensive Plan Goals • Review downtown vision plan and identify roadblocks • Inventory vacant or underutilized buildings • Review “business friendly” policies, approaches • Evaluate plan for supportive infrastructure for future development Operational Excellence • Establish employee engagement and development program • Conduct a class and comp study • Develop customer service standards and practices • Develop complaint tracking system • Evaluate and conduct efficiency improvement projects Communications • Establish an external communication plan • Establish an internal communication plan • Complete website enhancements • Develop/deploy community engagement strategy City of Chanhassen Strategic Plan FY 2021 – 2024 | March 2021 16 STRATEGIC PLANNING PARTICIPANTS The strategic plan was developed with the hard work and dedication of many individuals. The City Council led the way, taking time out their schedules to commit to long-term thinking. They defined a direction and a set of outcomes that are important to the citizens, businesses and stakeholders with whom they partner and serve. The City’s senior staff supported the City Council and offered challenges to conventional thinking. MAYOR AND CITY COUNCIL Elise Ryan, Mayor Dan Campion, Councilmember Jerry McDonald, Councilmember Lucy Rehm, Councilmember Haley Schubert, Councilmember SENIOR STAFF Laurie Hokkanen, City Manager Heather Johnston, Interim City Manager* Jake Foster, Assistant City Manager Kate Aanenson, Community Development Director Charlie Howley, Public Works Director/City Engineer Don Johnson, Fire Chief Lance Pearce, Lieutenant – Carver County Sheriff’s Office Rick Rice, IT Manager Jerry Ruegemer, Park and Recreation Director Kelly Strey, Finance Director *Preliminary and follow-up planning CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject FlashVote Introduction and Overview Section NEW BUSINESS Item No: I.2. Prepared By Laurie Hokkanen, City Manager File No:  PROPOSED MOTION No action required. Informational presentation and discussion.Approval requires a . SUMMARY The 2021­2024 Strategic Plan identifies Communications as a Strategic Priority. The city is working to improve access to and knowledge of city information and operations.  BACKGROUND City staff researched a variety of communications tools and selected FlashVote as the preferred vendor. The annual cost is $6,900 per year and will be paid for from the communications fund.   FlashVote will help the city hear from residents more frequently about an array of topics. With FlashVote, residents sign up to receive surveys of no more than five questions that take about a minute or two to complete. Residents would expect to receive around six surveys per year.  Participants can choose to receive surveys via email, text message, phone call or by logging onto an internet browser. Users can customize the method of delivery and time of day they receive survey notifications. Surveys are open for 48 hours and residents can review citywide results 24 hours after a survey is closed.  Residents who choose to participate can also opt out at any time. User information is not shared with other organizations. Because of the ease of the survey, FlashVote gives residents who typically don’t interact with the city a greater opportunity to provide feedback.  FlashVote uses large samples of representative residents to answer professionally designed questions. This results in timely and scientific data that the city can use to serve residents better and to build broad community trust. DISCUSSION The city will launch FlashVote over the coming months, beginning with a sign­up campaign to gain users. Staff will give a brief presentation and answer questions from the City Council.  CITY COUNCIL STAFF REPORT Monday, April 26, 2021 Subject Carver County School District Realignment Petition Section CORRESPONDENCE DISCUSSION Item No: L.1. Prepared By File No:  ATTACHMENTS: Carver County School District Realignment Petition CARVER COUNTY Office (952) 361-1930 | Fax (952) 361-1931 | www.co.carver.mn.us Carver County Land Records & Vitals Department Government Center 600 East Fourth Street • Chaska, MN 55318-2102 4/13/2021 Minnetonka Schools, District 276 ATTN: Dr. Dennis Peterson, Superintendent 5621 County Road 101 Minnetonka, MN 55345 Dear Superintendent Peterson, Enclosed are copies of Auditor’s Orders for Realignment of Split Residential Parcels per MN Statute 123A.455. Each of the parcels identified below are divided by the boundary between various school districts and the parcels are within Carver County. In each case, the property owners requested realignment of the boundary line so that their entire property will be within just one school district. The realignment, implemented by the Carver County Land Records Department, will be effective for School Year beginning September 2021 and taxes payable 2022. This change was approved by the Carver County Board at the April 6, 2021 Board Meeting and final notice is being sent to MN Department of Education, affected School Districts and respective Cities. If you have any questions regarding these realignments, please contact me directly at 612-297-3565. Sincerely, Kathleen Smith Carver County Land Records & Vitals Manager CC: Commissioner Mary Ricker, Minnesota Department of Education Superintendent Lisa Sayles-Adams, Eastern Carver County School District 112 Attachment CARVER COUNTY Office (952) 361-1930 | Fax (952) 361-1931 | www.co.carver.mn.us Move PID from To PID/Property Owner School District School District Property Address Minnetonka 276 Chaska 112 25.1310010 – Chan Three Development Inc 1982 Della Dr, Chanhassen Minnetonka 276 Chaska 112 25.1310011 – Chan Three Development Inc 1982 Della Dr, Chanhassen Minnetonka 276 Chaska 112 25.1310020 – Chan Three Development Inc 1934 Della Dr, Chanhassen Minnetonka 276 Chaska 112 25.1310030 – Chan Three Development Inc 1910 Della Dr, Chanhassen Minnetonka 276 Chaska 112 25.1310040 – Chan Three Development Inc 1898 Della Dr, Chanhassen Minnetonka 276 Chaska 112 25.1310050 – Chan Three Development Inc 1886 Della Dr, Chanhassen Chaska 112 Minnetonka 276 25.1310221 – Chan Three Development Inc 1825 Lucy Ridge Circle, Chanhassen Chaska 112 Minnetonka 276 25.1310231 – Chan Three Development Inc 1813 Lucy Ridge Circle, Chanhassen Chaska 112 Minnetonka 276 25.1310251 – Chan Three Development Inc 7050 Lucy Ridge Lane, Chanhassen Chaska 112 Minnetonka 276 25.1310261 – Chan Three Development Inc 7055 Lucy Ridge Lane, Chanhassen Chaska 112 Minnetonka 276 25.1310271 – Chan Three Development Inc 7035 Lucy Ridge Lane, Chanhassen The following Outlots will remain as two separate parcels in respective School Districts Chaska 112 25.1310320 - Chan Three Development Inc OUTLOT A Minnetonka 276 25.1310321 - Chan Three Development Inc OUTLOT A Chaska 112 25.1310330 - Chan Three Development Inc OUTLOT B Minnetonka 276 25.1310331 - Chan Three Development Inc OUTLOT B