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03-13-2023 Agenda and PacketA.5:00 P.M. - WORK SESSION Note: Unless otherwise noted, work sessions are held in the Fountain Conference Room in the lower level of City Hall and are open to the public. If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. A.1 Commission Interviews A.2 Discuss Commission Appointments A.3 Present Civic Campus Concept and Schedule A.4 Future Work Session Schedule B.7:00 P.M. - ECONOMIC DEVELOPMENT AUTHORITY MEETING B.1 Approve Economic Development Authority Meeting Minutes dated November 28, 2022 B.2 Resolution 2023-XX: Authorize the Issuance of Pay-As-You-Go Tax Increment Financing Note 2023A for TIF 12 C.REGULAR MEETING - CALL TO ORDER (Pledge of Allegiance) D.PUBLIC ANNOUNCEMENTS E.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. E.1 Approve City Council Minutes dated February 27, 2023 AGENDA CHANHASSEN CITY COUNCIL MONDAY, MARCH 13, 2023 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 E.2 Receive Planning Commission Minutes dated January 17, 2023 E.3 Receive Park and Recreation Commission Minutes dated January 24, 2023 E.4 Approve Claims Paid dated March 13, 2023 E.5 Approve 2023 Liquor License Renewals E.6 Resolution 2023-XX: Approve a Professional Services Agreement for Design Services Related to Lift Station #3 Forcemain Replacement Project E.7 Resolution 2023-XX: Request Galpin Boulevard be added to the City's Municipal State Aid System (MSAS) E.8 Resolution 2023-XX: Approve Plans and Specifications and Authorize Advertisement for Bids for the 2023 City Pavement Rehabilitation Project No. 23-01 E.9 Authorize Execution of Stormwater Maintenance Agreements with FOX HILL PROPERTIES, LLC E.10 Ordinance XXX: Amending City Code Chapter 2, Administration, adding Code Enforcement Specialists to Enforcement of City Code, Chapter 10, Licenses, Permits and Miscellaneous Business Regulations removing the 30-day period for temporary liquor licenses, and Chapter 14, Parks and Recreation Concerning Animals in City Parks F.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). G.PUBLIC HEARINGS H.GENERAL BUSINESS H.1 City Commission Appointments H.2 Lake Ann Park Preserve Project Update H.3 Resolution 2023-XX: Approval to Enter into a Grant Agreement with the Minnesota DNR H.4 Present Civic Campus Concept and Schedule I.COUNCIL PRESENTATIONS J.ADMINISTRATIVE PRESENTATIONS J.1 Carver County Environmental Services Discussion K.CORRESPONDENCE DISCUSSION K.1 Municipal Legislative Commission 2023 Legislative Priorities K.2 Letter from Mediacom dated February 24, 2023 2 K.3 2023 Building Permit Activity L.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.chanhassenmn.gov/action or paper forms are available in the city council chambers prior to the meeting. 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. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. 3 City Council Item March 13, 2023 Item Commission Interviews File No.Item No: A.1 Agenda Section 5:00 P.M. - WORK SESSION Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY The City Council will interview the remaining Commission applicants as follows: 5:00pm - Park and Recreation Commission Rob Swanson BACKGROUND Planning Commission Two 3-year positions The terms of Commissioners Eric Noyes and Mark von Oven are expiring. Mark von Oven was elected to serve on the City Council and Eric Noyes has applied for reappointment. Two (2) first choice and three (3) second choice applications have been received. 4 Park & Recreation Commission Three 3-year positions The terms of Commissioners Scott Fischer, Jim Peck, and Karl Tsuchiya are expiring. Jim Peck has applied for reappointment. Two (2) first choice applications have been received. One (1) second choice application has been received. Commission on Aging Two 3-year and Two 1-year positions* The terms of Commissioners Jerry Cerchia and Linda Haight are expiring. Commissioner Dorina Tipton resigned on June 15, 2022 and Commissioner Susan Kibler will resign as of March 31, 2022. These two resignations leave two 1-year positions available. Two (2) first choice applications have been received. One (1) second choice application has been received. *The Senior Commission bylaws allow for the appointment or 7 or 8 commissioners. Economic Development Commission One 3-year position Commissioner Eric Anderson's term is expiring and he has applied for reappointment. Commissioner David Kressler resigned November 30, 2022. City Council applicant Luke Bame was appointed to the Economic Development Commission on February 13, 2023 for a term ending March 30, 2026. Three (3) first choice applications have been received. One (1) second choice application has been received. Environmental Commission Three 3-year positions The terms of Commissioners Julia Adams, Markus Fischer, and Leslie Elhadi are expiring. Commissioner Leslie Elhadi has applied for reappointment. One (1) first choice application has been received and one (1) second choice application has been received. 5 Incumbent Information Incumbent Commission Terms Served 2022 Attendance Eric Noyes Planning 1 92% Jim Peck Park & Recreation 1 80% Eric Anderson Economic Development 1 70% Leslie Elhadi Environmental 1 100% DISCUSSION Following the interviews, the City Council will discuss commission appointments. Commission Appointments will be made at the March 13 Regular City Council Meeting. BUDGET N/A RECOMMENDATION ATTACHMENTS Interview Questions Commission Interview Scoring Sheet 6 COMMISSION INTERVIEW QUESTIONS 1. Briefly introduce yourself and your background to us. 2. What are you most interested in accomplishing through your role on a city commission? 3. Why did you choose to live in Chanhassen? What keeps you here? 4. What do you believe are the biggest concerns of your neighbors? Tell us about the experiences that you have had serving in similar volunteer roles. 5. Do you understand the time commitments it takes to be a member of the Commission, and are you comfortable with that? 6. Which commissions are you interested in serving on if you are not appointed to your first choice? 7 2023 COMMISSION INTERVIEW NOTES & SCORING Commission Candidate Rank Planning Eric Noyes Planning Steve Jobe Planning Ed Mysliveck 8 2023 COMMISSION INTERVIEW NOTES & SCORING Commission Candidate Rank Economic Development Billy Cripe Economic Development Scott Pharis Economic Development Eric Anderson 9 2023 COMMISSION INTERVIEW NOTES & SCORING Commission Candidate Rank Park & Rec Jim Peck Park & Rec Rob Swanson 10 2023 COMMISSION INTERVIEW NOTES & SCORING Commission Candidate Rank Aging Ruth Slivken Aging Elizabeth Mason 11 City Council Item March 13, 2023 Item Discuss Commission Appointments File No.Item No: A.2 Agenda Section 5:00 P.M. - WORK SESSION Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND Applicant Overview Initially, 16 applications were received and six have since been withdrawn, leaving the ten applicants listed below to fill 12-13 vacancies. Applicant Name Commission Desired Commission Second Choice Eric Noyes*Planning Steve Jobe Planning Economic Development Eric Anderson*Economic Development Billy Cripe Economic Development Planning 12 Scott Pharis Economic Development Elizabeth Mason Aging Ruth Slivken Aging Environmental/Planning Jim Peck*Park & Recreation Rob Swanson Park & Recreation Planning Leslie Elhadi*Environmental Applicant Name Commission Desired Commission Second Choice *Incumbent Open Commission Seats Commission Three-Year Positions expiring 3/31/2026 One-Year Positions expiring 03/31/2024 Planning Commission 2 Economic Development Commission 1 Commission on Aging 2 1 to 2 Park & Recreation 3 Environmental 3 DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 13 City Council Item March 13, 2023 Item Present Civic Campus Concept and Schedule File No.Item No: A.3 Agenda Section 5:00 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY Bryan Harjes from HKGi will join us to discuss the project schedule and community engagement plans for the Civic Campus project. The city is in the planning stages of undertaking a project to build a new Civic Campus, comprised of City Hall, Council Chambers, Senior Center, and park amenities. Chanhassen's current municipal building was built in 1981. The facility no longer serves the population of Chanhassen, has significant deferred maintenance needs, and lacks operational efficiency. The reimagined Civic Campus is intended to invigorate Chanhassen's downtown and provide community gathering spaces and amenities. Current plans represent the city's longstanding commitment to being a community for life, with amenities for all ages. The concept plan shows pickleball courts, a new skate park, a splash pad, a playground, a performance space, room for the Farmers Market, conveniently located parking, a heated sidewalk to facilitate movement between the Senior Center and Library, and more. 14 The city has received input and feedback from commissions and community groups and is now beginning to seek broad public feedback as we move into the design phase. The goal is to begin construction of the City Hall/Senior Center in May 2024, with park improvements completed in June 2026. The current City Hall will remain in place until the new building is complete and the project will be phased accordingly. Key upcoming dates (proposed): Monday, March 20: Approve RFQ for Architectural Services Thursday, April 20: Facility Tours and Project Open House Monday, April 24: Listening Session at City Council Meeting Monday, May 1: City Council and project staff hold interviews for Architectural Services Monday, May 8: Award Contract for Architectural Services BACKGROUND Key dates in the project timeline: January 2022 A comprehensive Facility Study was completed by Snow Kreilich Architects and Kraus Anderson in 2021-22. The study helps us understand our public buildings' condition and projected needs. The complete study and materials are available here: https://www.chanhassenmn.gov/government/projects/2022-city-of-chanhassen-facilities-study. In particular, the study helped the City Council understand the costs of refurbishing or replacing City Hall. City Hall was built in 1980, with significant projects in 1988, 1996, and 2004. Based on the cost differentials and ability to benefit the community, the City Council decided to explore opportunities to build a new Civic Campus that would include a new City Hall and park amenities to create a new community focal point. September 13, 2022 Hoisington Koegler Group, a planning and landscape architecture firm, presented five concepts for a reimagined City Hall and City Center Park area. Commission members were able to review and provide feedback on the concepts. January 23, 2023 HKGi staff shared feedback received at the Design Workshop and received additional input from the City Council as we work towards a preferred concept. Bryan Harjes will join us for the work session with a further refined concept plan and cost estimates for additional discussion and feedback. February 13, 2023 HKGi staff presented feedback from the Design Workshop and a concept representing the culmination of feedback received from the Design Workshop and staff and cost estimates for the project. DISCUSSION BUDGET RECOMMENDATION 15 ATTACHMENTS Civic Campus Sales Tax Exemption Request Flyer Civic Campus Presentation 16 THE PROJECT Chanhassen - A Community For Life Reducing Property Tax Burden and Risk Renovated City Hall, Senior Center, and city services The City of Chanhassen is a welcoming community with engaged residents, abundant natural amenities, and vibrant businesses, supported by valued services that make this a community for life. Chanhassen’s City Hall was built in 1981 and expanded in 1988. This multipurpose building has served the city for 35 years without significant renovation. In 2021, the city completed a comprehensive facilities study. The study outlines short-term and long-term plans to help accommodate the city’s current and future needs. This exemption would lower construction costs and reduce the property tax impact in Chanhassen without adding administrative burden or shifting risk to the city under the current process. City of Chanhassen Civic Campus Request for Construction Sales Tax Exemption IDENTIFIED CIVIC CAMPUS AMENITIES Community centered splash pad and accessible playground Gathering spaces for all ages, including an outdoor performance space & dining area Outdoor features such as an additional park, skate park, and pickleball courts Expanded community meeting rooms available to the public In 2022, the city created a Park Referendum Task Force, which includes 20 community members who meet to discuss what amenities would benefit the Chanhassen community. 25,936 RESIDENTS IN 2023 17 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION FEBRUARY 13, 2023 18 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 AGENDA 1. Preferred Concept and Discussion 2. Next Steps 19 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONTEXT [ 20 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 EXISTING CONDITIONS EXISTING CITY HALL FOOTPRINT [0 20 40 Feet 21 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 POTENTIAL PROGRAM SHIFT [0 20 40 Feet SITE PROGRAMMING • No Change »Library »Vet’s Memorial • On-Site Relocation »City Hall »Parking (Surface and or Structured) »Skate Park »Hockey »Plaza Space • Potential Off-Site Relocation »Hockey »Skate Park • Potential New Program Elements »Stand Alone Community Room / Vending Space »Universal Playground »Farmers Market »Ice Skating Ribbon/ Loop »Outdoor Seating »Fountain »Splash Pad 22 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 EXISTING CONCEPT 3 CONCEPT 1 CONCEPT 4 CONCEPT 2 CONCEPT 5 JOINT WORK SESSION CONCEPT REVIEW 23 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 POTENTIAL PROGRAM ELEMENTS Desired Elements: »City Hall/Sr Center in the Southeast »Stand Alone Community Room/Vending Space »Gathering/ Performance Space (Flexible) »Outdoor Seating Options »Universal Playground »Splash Pad »Decorative Fountain »Surface Parking »Maintain Veteran’s Memorial »Refresh Existing Plaza and strengthen downtown connections Less Desirable Elements: »Housing »Refrigerated Ice Loop Discussion Surrounding Existing Program Features: »Skate Park »Hockey »Larger Open Space Area for Festivals 24 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT KEY FEATURES PARKING DEVELOPMENT • Build new City Hall building located near the intersection of W78th Street and Market Boulevard (2 Story with under building parking) • Develop new surface parking lots for City Hall and Civic Campus along the east side of site • Maintain existing parking lot/structure on west side of site • Create a 4 season park centrum building with adjacent performance/event plaza • Provide additional features including a universal playground, splash pad and gathering lawn • Retain existing Veteran’s Memorial and create an new associated plaza space for ceremonies • Retain and enhance the event lawn area and skate park on the north side of the site • Enhance connections from the west with a pedestrian crossing signal of Kerber Blvd. and plaza paving courtyard at the library entry • Create a strong civic presence along W78th Street with a linear plaza and entry signage EXISTING CITY HALL FOOTPRINT Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) Existing Parking Structure - Upper Level 93 Spaces Existing Parking Structure - Additional Spaces 5 Spaces Existing Parking Structure - Lower Level 26 Spaces Proposed Parking Under City Hall +/-40 Spaces Proposed Surface Parking for City Hall 97 Spaces Total 261 Spaces City Hall + Senior Center - 2 Story + Under Building Parking +/-17,000 SF Per Floor Community Room/Vending Space +/- 4,000 SF [0 40 80 Feet 25 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet A A B B C C 26 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet D D E E F F 27 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet G G H H I I 28 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet J J K K L L 29 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet M M N N O O 30 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet P P Q Q R R 31 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet S S T T U U 32 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PRECEDENT IMAGES 33 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PRELIMINARY COST SUMMARY 1 SITE PREPARATION $50,000 2 REMOVALS/DEMO $200,000 3 EXCAVATION/EARTHWORKS $100,000 4 STORMWATER $300,000 5 WATER SERVICE $40,000 6 ELECTRICAL $470,000 7 SITE FEATURES $2,232,800 8 PAVING $1,360,950 9 LANDSCAPE $570,000 10 BUILDINGS $18,950,000 CONSTRUCTION TOTAL $24,023,750 11 SOFT COSTS $8,748,550 TOTAL $32,772,300 34 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 NEXT STEPS... • Finalize preferred Concept Direction (Jan-Feb 2023) • Precurement of Costruction Manager and Design Team (Feb-April 2023) • Design Process (2023) • Construction Start (2024) • Project Completion (2025) 35 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 THANK YOU! 36 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 1 - CITY HALL ON MARKET BLVD. KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocated to Market Blvd. with new visitor parking for to north and staff parking under building • New central park spaces with small park building/ community room/vending space opportunity with outdoor dining/ gathering, water feature and play lawn. • New larger, upper park area for larger gatherings/ festivals • Existing plaza area to the south remains • Existing parking on Kerber Blvd. remains • Hockey and Skate Park remain in current configuration EXISTING CITY HALL FOOTPRINT Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) Existing Parking Structure - Upper Level 93 Spaces Existing Parking Structure - Lower Level 26 Spaces Proposed Parking Under City Hall 48 Spaces Proposed Surface Parking for City Hall 70 Spaces Total 237 Spaces City Hall + Senior Center - 2 Story +/-14,300 SF Per Floor Community Room/Vending Space +/- 4,000 SF [0 20 40 Feet 37 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 2 - CITY HALL TO NORTHEAST + SR HOUSING KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocated to northeast (hockey/ skate park area) with new visitor parking on north, east and south sides of building – no under building parking • New central park spaces with small park pavilion for gathering separating an upper park lawn area and a lower plaza space with a linear water feature • New skate plaza and small splash pad area on the lower plaza level with a new universal playground • New Senior High Density Housing + Senior Center located on former parking lot site. Parking for Senior Center, Library and Housing included on this site • Hockey relocated off site and Skate Park relocated to plaza area Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) City Hall - North 36 Spaces City Hall - East 65 Spaces City Hall - South 36 Spaces Library / Senior Center 70 Spaces Subtotal (Civic Campus)207 Spaces Senior HDR - Surface 38 Spaces Senior HDR - Underground 42 Spaces Subtotal (Senior HDR)80 Spaces Total 287 Spaces City Hall - 2 Story +/-17,000 SF Per Floor Senior HDR - 4 Story (+/- 70 units)+/- 14,800 SF Per Floor Senior Center +/-3,750 SF EXISTING CITY HALL FOOTPRINT [0 20 40 Feet 38 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 3 - CITY HALL TO NORTH KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocate to the north with under building parking • Expanded parking ramp on west side of City Hall to accommodate City Hall and Library parking • Pedestrian promenade with vending/ market opportunity connects east to west • Larger park space with expanded skate park, open lawn area and small gathering pavilion. • Tree grove seating area and sculpture plaza between City Hall and Library • Additional parking capacity for expanded public program (vending space, senior center, etc.) Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) Parking Structure - Lower Level 93 Spaces Parking Structure - Upper Level 93 Spaces City Hall - Under Building 60 Spaces Total 246 Spaces City Hall + Senior Center - 2 Story +/-17,000 SFPer Floor Community Room/Vending Space +/- 3,000 SF EXISTING CITY HALL FOOTPRINT [0 20 40 Feet 39 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 4 - CITY HALL TO WEST KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocated to west of existing (requires construction of new surface parking to north to support existing building program) with Senior Center on lower level • New pleasure skate rink on upper park terrace • New park and plaza features throughout park area • Skate park expanded slightly to the west • Hockey relocated off site Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) City Hall - Surface 91 Spaces City Hall - Upper Level 40 Spaces City Hall - Lower Level + Under Building 80 Spaces Total 211 Spaces City Hall + Senior Center - 3 Story +/-11,100 SF Per Floor EXISTING CITY HALL FOOTPRINT [0 20 40 Feet 40 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 5 - CITY HALL TO MARKET BLVD. & W 78TH ST CORNER KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocated the southwest corner with surface and below grade parking • Extension of Chan View Street to west, doubles as a festival street for events • New surface parking for library and shared parking with City Hall • New residential development at hockey and skate park area as well as at existing parking ramp for current City Hall • New open lawn area for large festivals on upper terrace, new skate park and plaza area on central terrace north of the street extension Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) City Street Parking 41 Spaces Library Surface Parking 26 Spaces City Hall - Upper Level 82 Spaces City Hall - Lower Level 82 Spaces Subtotal (Civic Campus)231 Spaces West HDR - Surface 32 Spaces West HDR - Underground 54 Spaces East HDR - Surface 55 Spaces East HDR - Underground 50 Spaces Subtotal (HDR)191 Spaces Total 231 Spaces City Hall + Senior Center - 3 Story +/-9,600 SFPer Floor West HDR - 3 Story (+/- 57 Units)+/-16,200 SFPer Floor East HDR - 4 Story (+/- 73 Units)+/- 15,600 SFPer Floor EXISTING CITY HALL FOOTPRINT Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total)[0 20 40 Feet 41 City Council Item March 13, 2023 Item Future Work Session Schedule File No.Item No: A.4 Agenda Section 5:00 P.M. - WORK SESSION Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY The City Council is tentatively scheduled to hold the following work sessions: March 20, 2023 Avienda Recreational Facility Update City Council Roundtable City Manager Performance Review April 10, 2023 Strategic Plan Check-In April 24, 2023 BACKGROUND 42 Staff or the City Council may suggest topics for work sessions. Dates are tentative until the meeting agenda is published. Work sessions are typically held at 5:30 pm 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. DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 43 City Council Item March 13, 2023 Item Approve Economic Development Authority Meeting Minutes dated November 28, 2022 File No.Item No: B.1 Agenda Section 7:00 P.M. - ECONOMIC DEVELOPMENT AUTHORITY MEETING Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen Economic Development Authority approves the meeting minutes dated November 28, 2022." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION 44 ATTACHMENTS Economic Development Authority Meeting dated November 28, 2022 45 CHANHASSEN CITY COUNCIL ECONOMIC DEVELOPMENT AUTHORITY MEETING MINUTES NOVEMBER 28, 2022 Mayor Ryan called the meeting to order at 7:00 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilman McDonald, Councilman Campion, Councilwoman Schubert. COUNCIL MEMBERS ABSENT:None. STAFF PRESENT: Laurie Hokkanen, City Manager. PUBLIC PRESENT:None. 1. Approve Economic Development Authority (EDA) Meeting Minutes dated November 22, 2021. Councilman McDonald moved, Councilwoman Schubert seconded to approve the Economic Development Authority Meeting Minutes dated November 22, 2021. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. Resolution 2022-01: Approve Transfer of Real Property from the Chanhassen Economic Development Authority (EDA) to the City of Chanhassen City Manager Hokkanen noted this item is to transfer property in the EDA’s name to the City of Chanhassen. This came to the City’s attention due to a grant received to plant and replace ash trees and the property in question is referred to as the Medical Arts parking lot. Councilman McDonald moved, Councilman Campion seconded that the Chanhassen Economic Development Authority adopts a Resolution approving the transfer of real property from the Chanhassen Economic Development Authority to the City of Chanhassen. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ADJOURNMENT Councilman Campion moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Economic Development Authority meeting was adjourned at 7:03 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 46 City Council Item March 13, 2023 Item Resolution 2023-XX: Authorize the Issuance of Pay-As-You-Go Tax Increment Financing Note 2023A for TIF 12 File No.Item No: B.2 Agenda Section 7:00 P.M. - ECONOMIC DEVELOPMENT AUTHORITY MEETING Prepared By Kelly Grinnell, Finance Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen Economic Development Authority adopts a Resolution Authorizing the Issuance of, and Providing the Form, Terms, Covenants, and Directions for the Issuance of its Taxable Tax Increment Revenue Note, Series 2023A in an Aggregate Principal Amount not to Exceed $3,065,000." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY The Chanhassen EDA approved the establishment of Tax Increment Financing (TIF) District 12 in March 2021. The EDA then entered into a TIF agreement (the "Agreement") with Lakes at Chanhassen, LLC (the "Developer") to construct a 110-unit, mixed-income, senior housing apartment building at 1361 Lake Drive West (the "Project"). Based on the funding gap that existed between the anticipated development costs and private financing available, the EDA agreed to issue a TIF note in an amount of up to $3,065,000 to reimburse a portion of the affordable housing costs incurred with the Project. The agreement had several requirements for the Developer to meet before the issuance of the note. The city's (EDA's) attorney and Ehlers (city financial consultant) have reviewed the documents provided by the Developer and have found the Developer has met the requirements to issue the note. 47 The TIF Note is payable only from 90% of the actual tax increment Chanhassen receives from the property's future tax settlements. The first settlement is expected to be received in 2023. The Note is structured as a principal-only note, as the interest rate is set at 0%. Payments are conditioned on the Project continuing to meet the affordability restrictions imposed with the Agreement and Restrictive Covenant. As long as the Project remains in compliance, the TIF Note will be payable until the earlier of 2042 or the balance has been paid in full. The action for tonight is to adopt the resolution approving the issuance of the note. BACKGROUND DISCUSSION BUDGET RECOMMENDATION Adopt Resolution Authorizing the Issuance of, and Providing the Form, Terms, Covenants, and Directions for the Issuance of its Taxable Tax Increment Revenue Note, Series 2023A in an Aggregate Principal Amount not to Exceed $3,065,000. ATTACHMENTS Resolution Approving Issuance of TIF Note Series 2023A 48 1 CH135-62-848620.v1 AUTHORIZING RESOLUTION WITH NOTE CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2023-01 RESOLUTION APPROVING THE ISSUANCE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS TAXABLE TAX INCREMENT REVENUE NOTE, SERIES 2023A IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,065,000 BE IT RESOLVED BY the Chanhassen Economic Development Authority (the “EDA”), as follows: Section 1. Authorization; Award of Sale. 1.01.Authorization. The EDA has heretofore approved the establishment of Tax Increment Financing District No. 12 (the “TIF District”) within the Downtown Chanhassen Redevelopment Project Area (“Redevelopment Project”) and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Redevelopment Project. Pursuant to Minnesota Statutes, Section 469.178, the EDA is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Minimum Improvements and Development Property in the Redevelopment Project. The bonds are payable from all or any portion of revenues derived from the Minimum Improvements and the Development Property in the TIF District and pledged to the payment of the bonds. The EDA hereby finds and determines that it is in the best interests of the EDA that it issue and sell its taxable Tax Increment Revenue Note, Series 2023A (the “Note”), in the aggregate principal amount of $3,065,000, for the purpose of financing certain public costs of the Redevelopment Project. 1.02.Agreement Approved; Issuance, Sale and Terms of the Note. The EDA has previously approved the Contract for Private Development (the “Agreement”) between the EDA and Lakes at Chanhassen, LLC, a Minnesota limited liability company (the “Owner”), and authorized the Executive Director and President to execute the Agreement. Pursuant to the Agreement, the Note will be issued to the Owner. The Note will be dated as of the date of delivery and will bear no interest. In exchange for the EDA’s issuance of the Note to the Owner, the Owner will pay certain costs related to the Minimum Improvements (the Qualifying Costs, as defined in the Agreement) pursuant to Section 3.2 of the Agreement. The Note will be delivered in the principal amount of $3,065,000 for reimbursement of the Owner’s costs in accordance with the terms of Sections 3.2 and 3.3 of the Agreement. 49 2 CH135-62-848620.v1 Section 2.Form of Note. The Note will be in substantially the following form, with the blanks to be properly filled in and the principal amount and payment schedule adjusted as of the date of issue: UNITED STATE OF AMERICA STATE OF MINNESOTA CARVER COUNTY CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY No. R-1 $3,065,000 TAXABLE TAX INCREMENT REVENUE NOTE SERIES 2023A Date Rate of Original Issue Zero%__________ The Chanhassen Economic Development Authority (the “EDA”), for value received, certifies that it is indebted and hereby promises to pay to Lakes at Chanhassen, LLC, or registered assigns (the “Owner”), the principal sum of $3,065,000 with no interest thereon, as and to the extent set forth herein. 1.Payments. Principal (“Payments”) will be paid on August 1, 2023, and each February 1 and August 1 thereafter until the earlier of payment in full or February 1, 2042 (“Payment Dates”), in the amounts and from the sources set forth in Section 3 herein. Payments are payable by mail to the address of the Owner or any other address as the Owner may designate upon 30 days written notice to the EDA. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2.No Interest. No interest will be paid on this Note. 3.Available Tax Increment. Payments on this Note are payable on each Payment Date in the amount of and solely payable from “Available Tax Increment,” which will mean, on each Payment Date, 90 percent of the Tax Increment attributable to the Development Property and Minimum Improvements (as defined in the Agreement) and paid to the EDA by Carver County in the six months preceding the Payment Date, all as the terms are defined in the Contract for Private Development between the EDA and Owner dated as of April 6, 2021 (the “Agreement”). Available Tax Increment will not include any Tax Increment if, as of any Payment Date, there is an uncured Event of Default by the Owner under the Agreement. The EDA will have no obligation to pay principal on this Note on each Payment Date from any source other than Available Tax Increment, and the failure of the EDA to pay the entire amount 50 3 CH135-62-848620.v1 of principal on this Note on any Payment Date will not constitute a default hereunder as long as the EDA pays principal to the extent of Available Tax Increment. The EDA will have no obligation to pay unpaid balance of principal that may remain after the final Payment on February 1, 2042. 4.Optional Prepayment. The principal sum payable under this Note is pre-payable in whole or in part at any time by the EDA without premium or penalty. No partial prepayment will affect the amount or timing of any other regular payment otherwise required to be made under this Note. 5.Suspension of Payment for Default. At the EDA’s option, the EDA’s obligation to make any payments under this Note will be suspended upon the occurrence of an Event of Default on the part of the Developer as defined in Section 8.1 of the Agreement, but only if the Event of Default has not been cured in accordance with Section 8.2 of the Agreement. 6.Nature of Obligation. This Note is a single note in the total principal amount of $3,065,000 issued to aid in financing certain public costs of a Redevelopment Project undertaken by the EDA pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and is issued pursuant to an authorizing resolution (the “Resolution”) duly adopted by the EDA on March 13, 2023 pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the EDA which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolution. This Note will not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the EDA or the city of Chanhassen. Neither the State of Minnesota, nor any political subdivision thereof will be obligated to pay the principal of this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of this Note or other costs incident hereto. 7.Estimated Tax Increment Payments. Any estimates of Tax Increment prepared by the EDA or its financial advisors in connection with the TIF District or the Agreement are for the benefit of the EDA, and are not intended as representations on which the Owner may rely. THE EDA MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABLE TAX INCREMENT WILL BE SUFFICIENT TO PAY THE PRINCIPAL OF THIS NOTE. 8.Registration and Transfer. As provided in the Resolution, and subject to certain limitations set forth herein, this Note is issuable only as a fully registered note without coupons. This Note is transferable upon the books of the EDA kept for that purpose at the principal office of the Executive Director of the EDA as Registrar, by the Owner hereof in person or by the Owner’s attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the EDA, duly executed by the Owner. Upon the transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the EDA with respect to the transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount and maturing on the same dates. 51 4 CH135-62-848620.v1 This Note may be transferred, assigned or pledged without the approval of the EDA; provided that this Note will not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the EDA has been provided with an investment letter in a form substantially similar to the investment letter submitted by the Owner or a certificate of the transferor, in a form satisfactory to the EDA, that the transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Notwithstanding anything to the contrary in this Note, in no event will a lender providing funds to the Developer and taking an assignment of the Note as security for such funds be required to sign an investment letter at either the time of execution of an assignment or transfer of the Note as a result of the assignment. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the EDA according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the board of commissioners of the Chanhassen Economic Development Authority, has caused this Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. CHANHASSEN ECONOMIC DEVELOPMENT AUTHORITY Elise Ryan, President Laurie Hokkanen, Executive Director 52 5 CH135-62-848620.v1 REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the Executive Director of the EDA, in the name of the person last listed below. Date of Registration Registered Owner Signature of EDA Executive Director March ___, 2023 Lakes at Chanhassen, LLC 350 Highway 7, Suite 218 Excelsior, MN 55331 Attn: Todd M. Simning Federal Tax ID #85-4235644 [End of Form of Note] Section 3.Terms, Execution and Delivery. 3.01.Denomination, Payment. The Note will be issued as a single typewritten note numbered R-1. The Note will be issuable only in fully registered form. Principal of the Note will be payable by check or draft issued by the Registrar described herein. 3.02.Dates. Principal of the Note will be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not the day is a business day. 3.03.Registration. The EDA hereby appoints the Executive Director to perform the functions of registrar, transfer agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the EDA and the Registrar with respect thereto will be as follows: (a)Register. The Registrar will keep at her office a bond register in which the Registrar will provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b)Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note will not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the EDA has been provided with an investment letter in a form substantially similar to the investment letter submitted by the Owner or a certificate of the transferor, in a form satisfactory to the EDA, that the transfer is exempt from registration and prospectus delivery requirements of federal and 53 6 CH135-62-848620.v1 applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until the Payment Date. (c)Cancellation. The Note surrendered upon any transfer will be promptly cancelled by the Registrar and thereafter disposed of as directed by the EDA. (d)Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until she is satisfied that the endorsement on the Note or separate instrument of transfer is legally authorized. The Registrar will incur no liability for her refusal, in good faith, to make transfers which she, in her judgment, deems improper or unauthorized. (e)Persons Deemed Owners. The EDA and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note is overdue or not, for the purpose of receiving payment of, or on account of, the principal of the Note and for all other purposes, and all the payments so made to any registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability of the EDA upon the Note to the extent of the sum or sums so paid. (f)Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to the transfer or exchange. (g)Mutilated, Lost, Stolen or Destroyed Note. In case the Note becomes mutilated or is lost, stolen, or destroyed, the Registrar will deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of the mutilated Note or in lieu of and in substitution for the Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that the Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the EDA and the Registrar will be named as obligees. The Note so surrendered to the Registrar will be cancelled by her and evidence of the cancellation will be given to the EDA. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it will not be necessary to issue a new Note prior to payment. 3.04.Preparation and Delivery. The Note will be prepared under the direction of the Executive Director and will be executed on behalf of the EDA by the signatures of its President and Executive Director. In case any officer whose signature appears on the Note ceases to be the officer before the delivery of the Note, the signature will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. When the Note has been so executed, it will be delivered by the EDA to the Owner following the delivery of the necessary items delineated in Section 3.3 of the Agreement. 54 7 CH135-62-848620.v1 Section 4. Security Provisions. 4.01.Pledge. The EDA hereby pledges to the payment of the principal of the Note all Available Tax Increment as defined in the Note. Available Tax Increment will be applied to payment of the principal of the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. 4.02.Bond Fund. Until the date the Note is no longer outstanding and no principal thereof (to the extent required to be paid pursuant to this resolution) remains unpaid, the EDA will maintain a separate and special “Bond Fund” to be used for no purpose other than the payment of the principal of the Note. The EDA irrevocably agrees to appropriate to the Bond Fund in each year Available Tax Increment. Any Available Tax Increment remaining in the Bond Fund will be transferred to the EDA’s account for the TIF District upon the payment of all principal to be paid with respect to the Note. Section 5.Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the EDA are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the EDA, and the other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all the certified copies, certificates, and affidavits, including any heretofore furnished, will be deemed representations of the EDA as to the facts recited therein. Section 6. Effective Date. This resolution will be effective upon execution by the President and Executive Director following authorization by the board of commissioners of the EDA. Adopted by the board of commissioners of the Chanhassen Economic Development Authority, this 13th day of March, 2023. Elise Ryan, President Laurie Hokkanen, Executive Director 55 City Council Item March 13, 2023 Item Approve City Council Minutes dated February 27, 2023 File No.Item No: E.1 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council minutes dated February 27, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS City Council Work Session Minutes dated February 27, 2023 56 City Council Regular Meeting Minutes dated February 27, 2023 57 CHANHASSEN CITY COUNCIL WORK SESSION MINUTES FEBRUARY 27, 2023 Mayor Ryan called the work session to order at 5:00 p.m. COUNCIL MEMBERS PRESENT: Councilman McDonald, Councilwoman Schubert, Councilman von Oven, and Councilman Kimber. COUNCIL MEMBERS ABSENT:Mayor Ryan. STAFF PRESENT: Laurie Hokkanen, City Manager; and Matt Unmacht, Assistant City Manager. COMMISSION APPLICANT INTERVIEWS The City Council interviewed the following commission applicants: Eric Noyes Steve Jobe Ed Mysliveck Billy Cripe Scott Pharis Eric Anderson Jim Peck Ruth Slivken Elizabeth Mason Linda Haight FUTURE WORK SESSION SCHEDULE March 13, 2023 Commission Interviews Discuss Commission Applications March 20, 2023 Avienda Recreational Facility Update City Council Roundtablew City Manager’s Performance Review April 10, 2023 Strategic Plan Check-in The meeting adjourned at 6:53 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 58 CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 27, 2023 Mayor Pro Tem Schubert called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Pro Tem Schubert, Councilman McDonald, Councilman von Oven, Councilman Kimber COUNCIL MEMBERS ABSENT:Mayor Ryan. STAFF PRESENT: Laurie Hokkanen, Community Development Director; Charlie Howley, Director of Public Works/City Engineer; Rick Rice, IT Manager; and Andrea McDowell- Poehler, City Attorney. PUBLIC PRESENT: Ladd Conrad, 6625 Horseshoe Curve CONSENT AGENDA: Councilman Kimber asked to remove item 9 for discussion. Councilman McDonald moved, Councilman von Oven seconded that the City Council approve consent agenda items D.1 through D.8 pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated February 13, 2023 2. Receive Environmental Commission Minutes dated January 11, 2023 3. Receive Economic Development Commission Minutes dated January 10, 2023 4. Receive Commission on Aging Minutes dated December 16, 2022 5. Approve Claims Paid February 27, 2023 6. Approve an Encroachment Agreement between City of Chanhassen and Grant and Julie Johnson 7. Authorize Replacement of Civil Defense Siren Control Equipment for Four Emergency Sirens 8. Approve Software and Services Purchase Agreement for BS&A Cloud Upgrade 59 City Council Minutes – February 27, 2023 2 9. Approve Design Contract Related to the 2023 Trail Improvement Project.This item was removed from the Consent Agenda and moved to General Business. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS 1. Ladd Conrad - Rotary Club of Chanhassen Ladd Conrad shared about free breakfasts at the Rotary Club and the Annual Influencer Series. This year the Rotary is bringing leaders of local charity non-profit groups in to speak about what they are doing in the community. He invited the city council and city staff to the upcoming events. GENERAL BUSINESS 1.Resolution 2023-24: Approve Professional Services Contract for the Market Boulevard Reconstruction Project Director of Public Works/City Engineer Howley gave a presentation on the item noting the project includes full surface reconstruction of the corridor as the Overall Condition Index (OCI) has an average of 50 and some trails have an OCI of 7. Staff would like to improve the intersection, accommodate future traffic flow to four lanes, replace pavements, and make mobility improvements with additional trails and sidewalks. The overall project cost is approximately $4,000,000 and is slated for 2025 construction. The city applied for a MnDOT grant and was unsuccessful in securing those funds; however, if more grants come forward the city will apply again. Tonight’s action is simply to enter into the design phase and authorize a contract with Kimley-Horn. Councilman von Oven moved, Councilman Kimber seconded that the Chanhassen City Council adopt a resolution approving entering into an agreement with Kimley-Horn and Associates Inc. for design services related to the Market Boulevard Reconstruction Project. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 2.Resolution 2023-23: Approve Design Contract Related to the 2023 Trail Improvement Project Councilman Kimber asked about the connection between Topaz Drive and Lucy Ridge Circle and would like a broader definition of that project. He would like to look at the whole area and address some concerns of residents to put forth the best recommendation. Mr. Howley shared that a sidewalk or connection is intended for the space and included in the scope of the work is the entire 60-foot right-of-way with landscaping, drainage, and restoration. 60 City Council Minutes – February 27, 2023 3 Councilman Kimber moved, Councilman McDonald seconded that the Chanhassen City Council adopts a resolution authorizing entering into a contract with HTPO for professional services related to the 2023 Trail Improvement Project. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS Councilman von Oven shared that the city sent him to an elected leaders institute and noted they are lucky to be living in Chanhassen due to the fantastic staff in the city. Mayor Pro Tem Schubert thanked Mr. Howley and Mr. Ruegemer’s teams for the fantastic snow removal over the last weeks. ADMINISTRATIVE PRESENTATIONS City Manager Hokkanen shared that on Friday Mr. Howley and Mr. Bender attended an awards banquet where the city and Kimley-Horn won an award. Mr. Howley shared the city was presented with a Grand Award for the Highway 101 Project by the American Council of Engineering Companies. CORRESPONDENCE DISCUSSION Councilman Kimber moved, Councilman von Oven seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:31 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 61 City Council Item March 13, 2023 Item Receive Planning Commission Minutes dated January 17, 2023 File No.Item No: E.2 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council Receives the Planning Commission Minutes dated January 17, 2023." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Planning Commission dated January 17, 2023 62 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JANUARY 17, 2023 CALL TO ORDER: Vice Chair Noyes called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Eric Noyes, Kelsey Alto, Erik Johnson, Perry Schwartz, Ryan Soller, Edward Goff. MEMBERS ABSENT: None. STAFF PRESENT: MacKenzie Young-Walters, Associate Planner; Erik Henricksen, Project Engineer, Sharmeen Al-Jaff, Senior Planner PUBLIC PRESENT: Keri & Cordell Mack 6621 Minnewashta Parkway Peter Eskuche 18318 Minnetonka Blvd, Wayzata Mary Van Beusekom 6610 Rocky Island, Excelsior GENERAL BUSINESS: 1. Chair and Vice Chair Positions Senior Planner Al-Jaff stated that former Chairman Mark Von Oven was elected to City Council. While the Vice Chair acts as the Chair during the absence of the Chair, the Planning Commission must appoint a new Chair and Vice Chair to serve until April so that there is someone to serve as backup for the current Vice Chair. A new election will be held on April 4, 2023. Commissioner Schwartz moved, Commissioner Goff seconded to nominate Commissioner Alto as Vice Chair. Commissioner Alto moved, Commissioner Schwartz seconded to nominate Commissioner Noyes as Chairman. All voted in favor and the motions carried unanimously with a vote of 6 to 0. PUBLIC HEARINGS: 1. 6621 MINNEWASHTA PARKWAY: CONSIDER A REQUEST FOR VARIANCES FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME Associate Planner Young-Walters gave a presentation on the item, noting the Applicant is proposing to demolish the existing home and replace with a new single-family home and patio; they are also proposing a designated guest parking area that encroaches into the city’s right-of- way. The Applicant has noted it is unsafe to back out on to Minnewashta Parkway and the road does not allow on-street parking. The Applicant also noted they are improving the non- conformity with regards to the lake setback by moving the house further back from the lake, and 63 Planning Commission Minutes – January 17, 2023 2 that the constricted building pad does not allow for building on the lot without setback variances. They also propose vegetative buffers and rain gardens to offset. Erik Henricksen, Project Engineer noted the proposed plans show increased impervious area and one concern is that the storm water would run directly into Lake Minnewashta. The Applicant proposed a vegetative buffer and two rain gardens; Staff’s assessment is that increase in impervious surface cannot be offset by those improvements as they are required within the city nonetheless. He spoke about the parking pad within city right-of-way and noted Engineering cannot be in support due to Article 17-5 of the City Ordinance. Engineering feels there is adequate room on the site for parking and a turnaround. Mr. Young-Walters spoke about practical difficulties and noted staff supports the requested front and shoreland variances, as the width of the lot does not provide a viable building pad. Regarding the driveway, the Applicant would have reasonable use and quite a bit of off-street parking even if the segment that encroaches into the right-of-way were removed. The four-car garage accommodates parking with four cars in front of the garage plus another three cars. Mr. Young-Walters noted the driveway is decreased from existing and the home footprint has increased by 1,800 square feet. Staff believes there is reasonable use on this parcel without the requested lot cover variance. Staff recommends approval of the setback variances and denial of the requested lot cover and parking area variances. Cordell Mack, Applicant, shared about his family’s 25 year history in the area noting the concept is to build a home that keeps their family and extended family near. He appreciates city staff’s involvement with the complexity on the property. Mr. Mack noted the family lives in the current home and they know what it is like trying to move cars around so a 16-year-old can exit the property safely onto Minnewashta Parkway. He shared about the difficulties with snow removal due to limited setbacks and the difficulties in moving the cars around to exit the property and the lack of off-street parking. They have lived this reality and are not asking for “wishes” that are not practical. Mr. Mack spoke about excessive speeds and industrial trucks using the road and stated they must get this right to enter and exit the property safely. He noted this is trying to accomplish a project that is minimal to their family needs, that they can grow with, they can keep their children around them, and provide safety. Peter Eskuche appreciates staff’s work on this project and noted the biggest “miss” is the fact that it is a very low lot and they cannot have a basement. To accommodate mechanical storage they must make it up in the garage and cannot build a three-story house and still meet the conforming building height. In analyzing the driveway, the circle drive that is currently there is very challenging, and he demonstrated that the current design allows every garage stall and guest spot to back out and exit safely. The additional space for the house is due to the lack of basement and is a practical difficulty. Mr. Eskuche noted the Applicant accommodated the City’s recommendation and pushed the house toward the street which pushed the car stalls toward the street, as well. He spoke about the rain gardens and vegetation noting the Applicants are trying to mitigate everything hardcover so that it is not going into the lake. Regarding scale of the house, there is data that shows local cities’ such as Minnetonka whose permits show an average house size of 4,300 square feet; this house is slightly larger than that and is a multi-generational house. He believes the house is in the spirit of the Code and is reasonable. 64 Planning Commission Minutes – January 17, 2023 3 Commissioner Alto understands how frustrating parking is and asked if that is a top priority, and if it is the number one concern, why did they purchase a home on a street that did not have street parking? Mr. Mack replied they honestly did not know how big of an issue it would be until living in the home. Commissioner Alto asked if moving from a four-car turnaround to a three-car turnaround would make a large difference to the Applicant. Mr. Mack does not know. He noted it is not just where the car is placed but where the other car is and whether a car can safely back up without hitting two other cars while exiting. It is a rubix cube and he knows there is need for ample space and flexibility with younger drivers around their property. He noted they want to be collaborative and find solutions with the city; they are focused on the function of having a property that works well. Commissioner Schwartz noted allowing this exception in the right-of-way would open the floodgates with everyone wanting an exception. He thinks the burden is on the Applicant to conform to City Code to the greatest extent possible. He asked if there is way to put their heads together that would work for the family and conform to City Code which would be the best approach. Mr. Mack noted if the spirit of the project is understood and it is literally about the right-of-way issue, they are more than happy to accommodate and collaborate on that. His only comment is that this is a unique property. Commissioner Soller wonders about some space being eliminated in the parking area. He also wants to think about the hardcover variance as that is potentially the toughest one. Mr. Mack noted if the concern is around the overall lot coverage that is much more of a threshold issue that will determine the outcome of the project. Commissioner Alto understands Lake Minnewashta lots are extremely unique and challenging and noted the Commission has to be consistent in the way they are handled. Approving things like this is how they continue to get larger and larger houses with lot covers and it snowballs. She wants to be sure the next person doesn’t ask for 10% lot coverage and then the next person asks for 12%. Ms. Alto asked what 7% looks like in this case? Mr. Young-Walters noted it would be substantial and provided context onscreen showing the existing home and the expanded footprint which is an approximately 1,800 foot increase an almost doubles the footprint of the home. He noted about 450 square feet of that expansion is offset by the removal of other hardcover on the property. The homeowner could make additional redesigns (remove additional patio, use a deck over grass) but they could not get the 3,700 square foot footprint while maintaining the 2,500 square foot driveway. 65 Planning Commission Minutes – January 17, 2023 4 Commissioner Schwartz asked about the difference between a rain garden and retention pond. Mr. Henricksen replied a rain garden has some sort of infiltration and native planting and does not hold water while a retention pond holds water. Chairman Noyes opened the public hearing. Mary Van Beusekom, 6610 Rocky Island Lane, would like to know if the building would interfere with her view of the lake. Mr. Young-Walters believes the peak of the roof is in the mid-thirties, approximately 35 feet. He does not know the fall of that property relative to her home. The Applicant is not requiring a height variance as the height proposed is permitted under City Code. Mr. Young-Walters noted the city received a note from a neighbor (included in the packet) who expressed their support for the requested variance and noted the challenges with parking and snow storage. Chairman Noyes closed the public hearing. Commissioner Soller asked about precedence with the right-of-way and asked if any other variances encroach into the right-of-way on Minnewashta Parkway. Mr. Young-Walters replied in the negative, not to his knowledge. There are non-conforming encroachments such as a house to the north where a turnaround may go into the right-of-way a few feet. He would have to do some homework to determine whether it is illegal or legal non- conforming. Two have non-conforming dual accesses creating a U-shaped driveway, one of which was required to be removed as part of a variance for a garage expansion. Within the city, the Horseshoe Curve variance is the only time he is aware of the city granting a parking pad in the encroachment and staff was not in support for many of the same reasons as with this application. Commissioner Soller asked regarding hardcover, does the city see many variances granted greater than 1.13% lot cover? Mr. Young-Walters replied in the affirmative, however it requires a huge amount of context. One property was granted a 3% lot cover variance but was a 1,600 square foot property and lot cover was required to be removed. On Red Cedar Point, one will see variances going into the 30% range, however lots there are substandard and half the size of City Code. In his opinion, going by percentage is not the best metric because it is inter-related with lot size. Chair Noyes noted this calculation is approximately 1,332 square feet larger than existing. He asked how many on the lake have been seen that are 1,332 square feet? Mr. Young-Walters needs to do research to give an intelligent answer. He noted 1,300 is a lot and it is pretty rare that the city gives variances over 30%. Typically it is because of a smaller lot. He does not recall ever seeing a total lot cover in the 7,000 range as an eligible variance. He 66 Planning Commission Minutes – January 17, 2023 5 clarified that staff would support a 1.13% lot cover variance which is the extent of the existing non-conformity. Commissioner Soller asked about the uniqueness or hardship of not having a basement on the lot. Mr. Young-Walters replied staff believes a house of reasonable size can be constructed within the confines of the Code. Chair Noyes believes residents need to have the opportunity to use and develop their properties. However it must be within the guidelines the city has put together. He realizes this lot has practical difficulties, however every time they talk about lakeshore property, they are talking about practical difficulties. Chair Noyes noted they could set a precedent here that creates an avalanche situation because this is a big variance. He thinks there could be some room to look at redesign efforts and make the house smaller; he stated 1,300 square feet is a lot and this is a mammoth house. Commissioner Alto agreed. Commissioner Soller clarified three stories is out of the question due to the height. Mr. Young-Walters replied in the affirmative. Commissioner Goff feels for the homeowners but noted the Commission cannot set a precedent. Commissioner Alto moved, Commissioner Goff seconded that the Chanhassen Board of Appeals and Adjustments denies the requested 7.13% lot cover variance, denies the requested variance for a parking area in the right-of-way, approves the requested 30-foot shoreland setback variance, approves the requested 13-foot front yard setback variance, and approves a 1.13% lot cover variance for the construction of a home and patio, subject to the conditions of approval, and adopts the attached Findings of Facts and Decision. 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 DECEMBER 6, 2022 Commissioner Goff noted the summary Minutes of the Planning Commission meeting dated December 6, 2022 as presented. CITY COUNCIL ACTION UPDATE: Mr. Young-Walters shared the city has rolled out the short-term rental licensing with four sent in so far. ADJOURNMENT: Commissioner Alto moved, Commissioner Goff 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 8:07 p.m. 67 Planning Commission Minutes – January 17, 2023 6 Submitted by Sharmeen Al-Jaff Senior Planner 68 City Council Item March 13, 2023 Item Receive Park and Recreation Commission Minutes dated January 24, 2023 File No.Item No: E.3 Agenda Section CONSENT AGENDA Prepared By Amy Weidman, Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Park and Recreation Commission Minutes dated January 24, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 69 Park and Recreation Commission Meeting Minutes dated January 24, 2023 70 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING MINUTES JANUARY 24, 2023 Chairman Tsuchiya called the meeting to order at 7:01 p.m. MEMBERS PRESENT: Karl Tsuchiya, Don Vasatka, Scott Fischer, Heather Markert, Dan Eidsmo, Youth Commissioner Alex Jerdee. MEMBERS ABSENT: Jim Peck, Matt Kutz. STAFF PRESENT: Jerry Ruegemer, Park and Recreation Director; Adam Beers, Park Superintendent; Priya Tandon, Recreation Manager. PUBLIC PRESENT: None. APPROVAL OF AGENDA: Commissioner Markert moved, Commissioner Eidsmo seconded to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC ANNOUNCEMENTS: None. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: APPROVE PARK & RECREATION MINUTES DATED DECEMBER 13, 2022 Commissioner Markert moved, Commissioner Fischer seconded to approve the Minutes of the Park and Recreation Commission Meeting dated December 13, 2022 as presented. All voted in favor and the motion carried unanimously with a vote of 6 to 0. GENERAL BUSINESS: 1. Approve Purchase and Park Equipment Replacement Schedule for South Lotus Lake Park and Sugarbush Park Park Superintendent Beers gave a summary presentation noting this year's park and trail capital improvement program contains $170,000 for a variety of work to be completed as a part of the Park Equipment Replacement Schedule. Funds for the project have been distributed equally 71 Park and Recreation Commission Minutes – January 24, 2023 2 between South Lotus Lake Park and Sugarbush Park for the purchase and installation of new playground equipment, engineered wood fiber, and associated restoration costs. Four companies were selected to participate in the RFP process providing playground equipment designs. Vendors were selected based on past performance and equipment quality. Costs include supervised installation from vendor representatives and factory warranty on equipment. An online workshop was available online regarding playground options with more than 750 engagements and 482 residents voting on their preference. The Commissioners discussed survey results, vendors, and the installation timeline ensuring families can still enjoy the parks over the summer. Commissioner Markert moved, Commissioner Eidsmo seconded that the Park and Recreation Commission recommends the City Council award quotes to Minnesota Wisconsin Playground for $68,000 and Northland Recreation for $78,000 for playground equipment at South Lotus Lake Park and Sugarbush Park. Funds for the project are included in the 2023 Capital Improvement Program. All voted in favor and the motion carried unanimously with a vote of 6 to 0. REPORTS: 1. 2023 February Festival Preview Recreation Manager Tandon gave a preview presentation of the 2023 February Festival on Saturday, February 4 at Lake Ann Park. She shared about the Medallion Hunt beginning Monday, January 30 and noted free door prize tickets will also be available at the event. Admission to Feb Fest is free, and attendees can enjoy activities such as horse-drawn wagon rides and the event will include snowshoe demos, kids scavenger hunt, kicksledding demos, fat tire bike demos, bonfires, ice skating, and sledding. New activities in 2023 are ice fishing demos with two sponsors who will help kids and adults learn about ice fishing. Food and drink concessions will be available for purchase. Ms. Tandon stated prizes for the ice fishing contest will be awarded to the top 50 fish by weight. They hope to have between 1,000-2,000 people attending and shared that currently the City has 750 people who have RSVP’d on the Facebook event. Ms. Tandon is excited for another great year and thanked the many sponsors and volunteers for the event. COMMISSION MEMBER COMMITTEE REPORTS: None. COMMISSION MEMBER PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. 72 Park and Recreation Commission Minutes – January 24, 2023 3 ADJOURNMENT: Commissioner Markert moved, Commissioner Eidsmo seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Park and Recreation Commission meeting was adjourned at 7:31 p.m. Submitted by Jerry Ruegemer Park and Recreation Director Prepared by Amy Weidman Administrative Support Specialist 73 City Council Item March 13, 2023 Item Approve Claims Paid dated March 13, 2023 File No.Item No: E.4 Agenda Section CONSENT AGENDA Prepared By Danielle Washburn, Assistant Finance Director Reviewed By Kelly Grinnell SUGGESTED ACTION "The Chanhassen City Council Approves Claims Paid dated March 13, 2023." Motion Type Simple Majority Vote of members present Strategic Priority Financial Sustainability SUMMARY BACKGROUND DISCUSSION The following claims are submitted for review and approval on March 13, 2023: Check Numbers Amounts 179275 - 179341 $226,425.84 ACH Payments $335,345.15 Total All Claims $561,770.99 74 BUDGET RECOMMENDATION ATTACHMENTS Check Summary Check Summary ACH Check Detail Check Detail ACH 75 Accounts Payable User: Printed: dwashburn 3/7/2023 5:02 PM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount BOUMED BOUND TREE MEDICAL LLC 02/22/2023 0.00 310.95179275 CenLin CenturyLink 02/22/2023 0.00 59.85179276 CITEDE CITY OF EDEN PRAIRIE 02/22/2023 0.00 2,000.00179277 EHLERS EHLERS & ASSOCIATES INC 02/22/2023 0.00 7,295.00179278 ferwat Ferguson Waterworks #2518 02/22/2023 0.00 383.66179279 FlePri FleetPride, Inc.02/22/2023 0.00 321.98179280 HallKel Kelli Hallstrom 02/22/2023 0.00 100.00179281 HENCHE HENNEPIN COUNTY FIRE CHIEF'S ASSN02/22/2023 0.00 200.00179282 LawPro Lawson Products, Inc.02/22/2023 0.00 37.75179283 LEAINS LEAGUE OF MN CITIES INS TRUST 02/22/2023 0.00 111,652.00179284 Lennar Lennar 02/22/2023 0.00 9,600.00179285 LocGrin Lockridge Grindal Nauen P.L.L.P 02/22/2023 0.00 3,333.33179286 MillMich Michael Miller 02/22/2023 0.00 100.00179287 MNSaf Minnesota Safety Council 02/22/2023 0.00 414.00179288 MNTRAN MN DEPT OF TRANSPORTATION 02/22/2023 0.00 1,091.27179289 ParAll Parts Alliance South 02/22/2023 0.00 270.52179290 RodVal Val Roder 02/22/2023 0.00 200.00179291 SOUTRA SOUTHWEST TRANSIT 02/22/2023 0.00 150.00179292 TruNort True North Controls 02/22/2023 0.00 2,158.00179293 POST POSTMASTER 02/28/2023 0.00 708.16179294 APAGRO APACHE GROUP 03/02/2023 0.00 964.56179313 ARAMAR ARAMARK Refreshment Services, LLC 03/02/2023 0.00 271.06179314 ASPMIL ASPEN MILLS 03/02/2023 0.00 391.22179315 BraNat BravO! National Dance & Talent Competition03/02/2023 0.00 5,184.00179316 Built Built, LLC 03/02/2023 0.00 229.60179317 EmbMinn CENTURYLINK 03/02/2023 0.00 714.46179318 CleSol Cleaning Solutions Services 03/02/2023 0.00 7,871.70179319 CUBFOO CUB FOODS 03/02/2023 0.00 32.03179320 EARAND Earl F Andersen Inc 03/02/2023 0.00 452.25179321 EmpTru Empower Trust Company, LLC 03/02/2023 0.00 325.00179322 FACMOT FACTORY MOTOR PARTS COMPANY 03/02/2023 0.00 1,099.63179323 ferwat Ferguson Waterworks #2518 03/02/2023 0.00 2,992.56179324 FirSta First State Tire Recycling 03/02/2023 0.00 328.13179325 HECKMACH Hecksel Machine Inc 03/02/2023 0.00 136.50179326 MINAQU MINNETONKA AQUATICS, ISD 276 03/02/2023 0.00 30,007.65179327 MNPOL MN Pollution Control Agency 03/02/2023 0.00 23.00179328 NorthCo Northstar Companies 03/02/2023 0.00 3,049.60179329 ParAll Parts Alliance South 03/02/2023 0.00 1,034.40179330 ProHyd PRO HYDRO TESTING LLC 03/02/2023 0.00 2,066.97179331 SchRobe Robert Schaefer 03/02/2023 0.00 100.00179332 SCHELE SCHINDLER ELEVATOR CORP 03/02/2023 0.00 1,471.31179333 SchJoh John Schullo 03/02/2023 0.00 100.00179334 SHATRE Shadywood Tree Experts and Landscaping 03/02/2023 0.00 14,990.93179335 SHEWIL SHERWIN WILLIAMS 03/02/2023 0.00 47.46179336 SOFHOU SOFTWARE HOUSE INTERNATIONAL 03/02/2023 0.00 4,319.00179337 SOUSUB SOUTHWEST NEWS MEDIA 03/02/2023 0.00 2,593.24179338 VERIZO VERIZON WIRELESS 03/02/2023 0.00 4,262.26179339 Page 1AP Checks by Date - Summary by Check Number (3/7/2023 5:02 PM) 76 Check No Check DateVendor NameVendor No Void Checks Check Amount WastMana Waste Management of Minnesota, Inc 03/02/2023 0.00 880.85179340 WooKell Kelly Woods 03/02/2023 0.00 100.00179341 Report Total (49 checks): 226,425.84 0.00 Page 2AP Checks by Date - Summary by Check Number (3/7/2023 5:02 PM) 77 Accounts Payable Checks by Date - Summary by Check User:dwashburn Printed: 3/7/2023 5:03 PM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH AFLAC American Family Life Assurance Company of Columbus 02/22/2023 0.00 39.78 ACH BRAINT BRAUN INTERTEC CORPORATION 02/22/2023 0.00 1,194.00 ACH BROAWA BROADWAY AWARDS 02/22/2023 0.00 66.99 ACH carcou Carver County 02/22/2023 0.00 96,309.77 ACH COMINT COMPUTER INTEGRATION TECHN. 02/22/2023 0.00 617.40 ACH DOLLIF DOLLIFF INC. INSURANCE 02/22/2023 0.00 23,000.00 ACH FASCOM FASTENAL COMPANY 02/22/2023 0.00 10.40 ACH H&LMES H & L Mesabi 02/22/2023 0.00 2,958.00 ACH HAWCHE HAWKINS CHEMICAL 02/22/2023 0.00 21,824.60 ACH HOIKOE HOISINGTON KOEGLER GROUP 02/22/2023 0.00 850.00 ACH InnOff Innovative Office Solutions LLC 02/22/2023 0.00 118.83 ACH AlHiJuli Juli Al-Hilwani 02/22/2023 0.00 75.00 ACH KENGRA KENNEDY & GRAVEN, CHARTERED 02/22/2023 0.00 1,512.50 ACH MACEQU MACQUEEN EQUIPMENT 02/22/2023 0.00 1,024.54 ACH MatTri Matheson Tri-Gas, Inc. 02/22/2023 0.00 145.17 ACH MVEC MN VALLEY ELECTRIC COOP 02/22/2023 0.00 470.26 ACH NusEqu Nuss Truck & Equipment 02/22/2023 0.00 143.84 ACH SUBCHE SUBURBAN CHEVROLET 02/22/2023 0.00 50.20 ACH XCEL XCEL ENERGY INC 02/22/2023 0.00 561.07 ACH AMEENG AMERICAN ENGINEERING TESTING 03/02/2023 0.00 3,840.00 ACH AFLAC American Family Life Assurance Company of Columbus 03/02/2023 0.00 39.78 ACH BOLMEN BOLTON & MENK INC 03/02/2023 0.00 64,186.50 ACH BRAINT BRAUN INTERTEC CORPORATION 03/02/2023 0.00 4,956.00 ACH carcou Carver County 03/02/2023 0.00 3,060.00 ACH ColLif Colonial Life & Accident Insurance Co 03/02/2023 0.00 67.80 ACH COMINT COMPUTER INTEGRATION TECHN. 03/02/2023 0.00 370.00 ACH DISSAL DISPLAY SALES COMPANY 03/02/2023 0.00 1,720.00 ACH FASCOM FASTENAL COMPANY 03/02/2023 0.00 97.44 ACH Avesis Fidelity Security Life 03/02/2023 0.00 284.69 ACH GSDIR GS DIRECT INC 03/02/2023 0.00 96.24 ACH HAWCHE HAWKINS CHEMICAL 03/02/2023 0.00 60.00 ACH HeaStr Health Strategies 03/02/2023 0.00 600.00 ACH InnOff Innovative Office Solutions LLC 03/02/2023 0.00 71.00 ACH JEFFIR JEFFERSON FIRE SAFETY INC 03/02/2023 0.00 1,720.00 ACH KENGRA KENNEDY & GRAVEN, CHARTERED 03/02/2023 0.00 7,742.38 ACH MausKerr Kerry Maus 03/02/2023 0.00 475.50 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 03/02/2023 0.00 2,620.85 ACH K TECH K-TECH SPECIALTY COATINGS, INC 03/02/2023 0.00 918.20 ACH LOCSUP LOCATORS AND SUPPLIES INC 03/02/2023 0.00 280.35 ACH ManOil Mansfield Oil Company 03/02/2023 0.00 16,322.29 ACH MVEC MN VALLEY ELECTRIC COOP 03/02/2023 0.00 207.89 ACH MobMin Mobile Mini, Inc 03/02/2023 0.00 1,725.00 ACH NAPA NAPA AUTO & TRUCK PARTS 03/02/2023 0.00 125.17 ACH DaniReem Reem Danial 03/02/2023 0.00 151.20 ACH IMPPOR Rent N Save Portable Services 03/02/2023 0.00 1,066.00 ACH StanTruc Standard Spring-Truck Suspension Parts 03/02/2023 0.00 2,116.84 Page 1 of 2 78 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH MINCON SUMMIT COMPANIES 03/02/2023 0.00 2,964.25 ACH TBEI TBEI, Inc 03/02/2023 0.00 17,126.29 ACH VESSCO VESSCO INC 03/02/2023 0.00 2,400.00 ACH WatCon Water Conservation Services, Inc. 03/02/2023 0.00 358.82 ACH WSB WSB & ASSOCIATES INC 03/02/2023 0.00 13,923.02 ACH XCEL XCEL ENERGY INC 03/02/2023 0.00 32,679.30 Report Total:0.00 335,345.15 Page 2 of 2 79 AP Check Detail-Checks User: dwashburn Printed: 3/7/2023 5:04:00 PM Last Name Acct 1 Amount Check Date Description APACHE GROUP 101-1170-4110 964.56 3/2/2023 Roll Towel, Toilet Tissue 964.56 3/2/2023 APACHE GROUP 964.56 ARAMARK Refreshment Services, LLC 101-1170-4110 271.06 3/2/2023 Bronze Water Filter 1ct 271.06 3/2/2023 ARAMARK Refreshment Services, LLC 271.06 ASPEN MILLS 101-1220-4240 147.50 3/2/2023 R Rindahl - Shirts ASPEN MILLS 101-1220-4240 243.72 3/2/2023 M Smith - High Viz Jacket 391.22 3/2/2023 ASPEN MILLS 391.22 BOUND TREE MEDICAL LLC 101-1220-4142 310.95 2/22/2023 Gloves, bandage 310.95 2/22/2023 BOUND TREE MEDICAL LLC 310.95 BravO! National Dance & Talent Competition 101-1534-4356 5,184.00 3/2/2023 Registration Fee for 2023 dance competition 5,184.00 3/2/2023 AP - Check Detail-Checks (3/7/2023)Page 1 of 10 80 Last Name Acct 1 Amount Check Date Description BravO! National Dance & Talent Competition 5,184.00 Built, LLC 101-0000-2033 229.60 3/2/2023 Double charged permit fee - 2589 Longacres Dr 229.60 3/2/2023 Built, LLC 229.60 CenturyLink 700-7043-4310 59.85 2/22/2023 Monthly Service - Feb 13 - March 12 59.85 2/22/2023 CENTURYLINK 101-1540-4310 92.85 3/2/2023 Monthly Service - Feb 21 - March 20 CENTURYLINK 101-1190-4310 123.80 3/2/2023 Monthly Service - Feb 21 - March 20 CENTURYLINK 701-0000-4310 15.53 3/2/2023 Monthly Service - Feb 21 - March 20 CENTURYLINK 101-1160-4325 250.81 3/2/2023 Monthly Service - Feb 21 - March 20 CENTURYLINK 700-0000-4310 15.53 3/2/2023 Monthly Service - Feb 21 - March 20 CENTURYLINK 700-7019-4310 215.94 3/2/2023 Monthly Service - Feb 21 - March 20 714.46 3/2/2023 CENTURYLINK 774.31 CITY OF EDEN PRAIRIE 101-1220-4360 2,000.00 2/22/2023 2023 WAFTA Dues 2,000.00 2/22/2023 CITY OF EDEN PRAIRIE 2,000.00 Cleaning Solutions Services 101-1190-4511 3,912.30 3/2/2023 Chanhassen Library - Cleaning Cleaning Solutions Services 101-1170-4511 3,090.00 3/2/2023 Chanhassen City Hall - Cleaning Cleaning Solutions Services 101-1220-4511 248.40 3/2/2023 Chanhassen Fire Station #1 - Cleaning Cleaning Solutions Services 101-1312-4511 496.80 3/2/2023 Chanhassen Public Works - Cleaning Cleaning Solutions Services 700-0000-4511 62.10 3/2/2023 Chanhassen Public Works - Cleaning Cleaning Solutions Services 701-0000-4511 62.10 3/2/2023 Chanhassen Public Works - Cleaning 7,871.70 3/2/2023 AP - Check Detail-Checks (3/7/2023)Page 2 of 10 81 Last Name Acct 1 Amount Check Date Description Cleaning Solutions Services 7,871.70 CUB FOODS 101-1220-4165 32.03 3/2/2023 Lysol, Cleaner, Spray Cleaner, Hand Soap 32.03 3/2/2023 CUB FOODS 32.03 Earl F Andersen Inc 101-1320-4560 452.25 3/2/2023 Flat Back Galvanized Post 452.25 3/2/2023 Earl F Andersen Inc 452.25 EHLERS & ASSOCIATES INC 700-0000-4300 2,301.67 2/22/2023 2022 Utility Rate Study EHLERS & ASSOCIATES INC 481-0000-4300 390.00 2/22/2023 TIF Adminstration EHLERS & ASSOCIATES INC 701-0000-4300 2,301.66 2/22/2023 2022 Utility Rate Study EHLERS & ASSOCIATES INC 720-0000-4300 2,301.67 2/22/2023 2022 Utility Rate Study 7,295.00 2/22/2023 EHLERS & ASSOCIATES INC 7,295.00 Empower Trust Company, LLC 101-1120-4300 325.00 3/2/2023 Professional Services - Plan # 170415-02 325.00 3/2/2023 Empower Trust Company, LLC 325.00 FACTORY MOTOR PARTS COMPANY 101-1320-4140 352.96 3/2/2023 DEL 31G950T FACTORY MOTOR PARTS COMPANY 101-1320-4140 262.96 3/2/2023 Battery Core, Del31G950T FACTORY MOTOR PARTS COMPANY 101-1320-4140 148.75 3/2/2023 Del 48G FACTORY MOTOR PARTS COMPANY 101-1320-4140 176.48 3/2/2023 DEL 31G950T FACTORY MOTOR PARTS COMPANY 101-1320-4140 158.48 3/2/2023 Del 31G950T 1,099.63 3/2/2023 AP - Check Detail-Checks (3/7/2023)Page 3 of 10 82 Last Name Acct 1 Amount Check Date Description FACTORY MOTOR PARTS COMPANY 1,099.63 Ferguson Waterworks #2518 700-1384-4556 49.83 2/22/2023 3/4 X 1/8 Rub MTR Coup Gskt Ferguson Waterworks #2518 700-1384-4556 142.00 2/22/2023 22/4 AWG Rem Mtr Wire 500 Ft, 1 - 1/2 X 1/8 Rub DI MTR Flg Ferguson Waterworks #2518 701-1384-4556 142.00 2/22/2023 22/4 AWG Rem Mtr Wire 500 Ft, 1 - 1/2 X 1/8 Rub DI MTR Flg Ferguson Waterworks #2518 701-1384-4556 49.83 2/22/2023 3/4 X 1/8 Rub MTR Coup Gskt 383.66 2/22/2023 Ferguson Waterworks #2518 420-0000-4150 140.94 3/2/2023 Perma - Patch Asphalt cold patch Ferguson Waterworks #2518 700-1384-4556 1,404.72 3/2/2023 3" Mach 10, 2 Mach10 USG 17LL, 1-1/2 Mach10 USG 13 LL Ferguson Waterworks #2518 701-1384-4556 21.09 3/2/2023 LF 1 MIP SWVL F/Chfsw Cphn Ferguson Waterworks #2518 701-1384-4556 1,404.72 3/2/2023 3" Mach 10, 2 Mach10 USG 17LL, 1-1/2 Mach10 USG 13 LL Ferguson Waterworks #2518 700-1384-4556 21.09 3/2/2023 LF 1 MIP SWVL F/Chfsw Cphn 2,992.56 3/2/2023 Ferguson Waterworks #2518 3,376.22 First State Tire Recycling 101-1320-4120 328.13 3/2/2023 Passenger - Off Rim, Light Truck - Off Rim 328.13 3/2/2023 First State Tire Recycling 328.13 FleetPride, Inc.101-1320-4140 321.98 2/22/2023 Brake Drum 321.98 2/22/2023 FleetPride, Inc. 321.98 Hallstrom Kelli 700-7204-4901 100.00 2/22/2023 Waterwise Rebate - Dishwasher 100.00 2/22/2023 Hallstrom Kelli 100.00 Hecksel Machine Inc 101-1550-4120 136.50 3/2/2023 80 - 2 Roller Chain 39" Long AP - Check Detail-Checks (3/7/2023)Page 4 of 10 83 Last Name Acct 1 Amount Check Date Description 136.50 3/2/2023 Hecksel Machine Inc 136.50 HENNEPIN COUNTY FIRE CHIEF'S ASSN 101-1220-4360 200.00 2/22/2023 2023 Dues - D Johnson, D Nutter, B White, J Van Asten, R Rindahl 200.00 2/22/2023 HENNEPIN COUNTY FIRE CHIEF'S ASSN 200.00 Lawson Products, Inc.101-1320-4120 37.75 2/22/2023 3/4 - 10 Alloy Steel Flange Nut Grade 37.75 2/22/2023 Lawson Products, Inc. 37.75 LEAGUE OF MN CITIES INS TRUST 101-1170-4483 111,652.00 2/22/2023 Property/Casualty Coverage Premium 111,652.00 2/22/2023 LEAGUE OF MN CITIES INS TRUST 111,652.00 Lennar 101-0000-2073 250.00 2/22/2023 Erosion Control - Permit 2017-00990 - 9435 River Rock Drive S Lennar 101-0000-2073 750.00 2/22/2023 Erosion Control - Permit 2014-00647 - 9445 River Rock Drive S Lennar 101-0000-2073 2,300.00 2/22/2023 Erosion Control - Permit 2016-03135 - 1541 Camden Ridge Drive Lennar 101-0000-2073 1,500.00 2/22/2023 Erosion Control - Permit 2016-02205 - 1482 Camden Ridge Drive Lennar 101-0000-2073 250.00 2/22/2023 Erosion Control - Permit 2017-02750 - 1541 Camden Ridge Drive Lennar 101-0000-2073 2,300.00 2/22/2023 Erosion Control - Permit 2017-00121 - 9405 River Rock Drive Lennar 101-0000-2073 2,000.00 2/22/2023 Erosion Control - Permit 2016-02594 - 9435 River Rock Drive S Lennar 101-0000-2073 250.00 2/22/2023 Erosion Control - Permit 2017-01225 - 9405 River Rock Drive S 9,600.00 2/22/2023 Lennar 9,600.00 Lockridge Grindal Nauen P.L.L.P 101-1110-4300 3,333.33 2/22/2023 Professional Services, February, 2023 AP - Check Detail-Checks (3/7/2023)Page 5 of 10 84 Last Name Acct 1 Amount Check Date Description 3,333.33 2/22/2023 Lockridge Grindal Nauen P.L.L.P 3,333.33 Miller Michael 700-7204-4901 100.00 2/22/2023 Waterwise Rebate - Clothes Washer 100.00 2/22/2023 Miller Michael 100.00 Minnesota Safety Council 101-1560-4343 414.00 2/22/2023 Driver safety instructor 414.00 2/22/2023 Minnesota Safety Council 414.00 MINNETONKA AQUATICS, ISD 276 101-1540-4344 30,007.65 3/2/2023 Lifeguarding Services 30,007.65 3/2/2023 MINNETONKA AQUATICS, ISD 276 30,007.65 MN DEPT OF TRANSPORTATION 101-1350-4566 1,091.27 2/22/2023 Traffic Mgt System Maintenance, Traffic Signal Maintenance 1,091.27 2/22/2023 MN DEPT OF TRANSPORTATION 1,091.27 MN Pollution Control Agency 701-0000-4360 23.00 3/2/2023 Wastewater Certification Renewal - W Kistner 23.00 3/2/2023 MN Pollution Control Agency 23.00 Northstar Companies 101-1220-4240 3,049.60 3/2/2023 St. Tech Fleece, Winter Hat, Reflective Backing AP - Check Detail-Checks (3/7/2023)Page 6 of 10 85 Last Name Acct 1 Amount Check Date Description 3,049.60 3/2/2023 Northstar Companies 3,049.60 Parts Alliance South 101-1320-4140 270.52 2/22/2023 Cam Spring 270.52 2/22/2023 Parts Alliance South 101-1320-4140 498.52 3/2/2023 Chamber Bulk Parts Alliance South 101-1320-4140 535.88 3/2/2023 Combination W/Welded Yoke 1,034.40 3/2/2023 Parts Alliance South 1,304.92 POSTMASTER 701-1130-4330 283.27 2/28/2023 February Statements POSTMASTER 720-1130-4330 141.63 2/28/2023 February Statements POSTMASTER 700-1130-4330 283.26 2/28/2023 February Statements 708.16 2/28/2023 POSTMASTER 708.16 PRO HYDRO TESTING LLC 101-1220-4530 2,066.97 3/2/2023 Hydro-Testing SCBA Cylinders 2,066.97 3/2/2023 PRO HYDRO TESTING LLC 2,066.97 Roder Val 101-1560-4343 200.00 2/22/2023 Chair Yoga 200.00 2/22/2023 Roder Val 200.00 Schaefer Robert 700-7204-4901 100.00 3/2/2023 Waterwise Rebate- Washer AP - Check Detail-Checks (3/7/2023)Page 7 of 10 86 Last Name Acct 1 Amount Check Date Description 100.00 3/2/2023 Schaefer Robert 100.00 SCHINDLER ELEVATOR CORP 101-1170-4510 1,471.31 3/2/2023 City Hall elevator repair 1,471.31 3/2/2023 SCHINDLER ELEVATOR CORP 1,471.31 Schullo John 700-7204-4901 100.00 3/2/2023 Waterwise Rebate - Toilet 100.00 3/2/2023 Schullo John 100.00 Shadywood Tree Experts and Landscaping 720-7202-4300 2,670.00 3/2/2023 Prune Shadywood Tree Experts and Landscaping 720-7202-4300 4,338.75 3/2/2023 Prune Shadywood Tree Experts and Landscaping 720-7202-4300 7,982.18 3/2/2023 Prune 14,990.93 3/2/2023 Shadywood Tree Experts and Landscaping 14,990.93 SHERWIN WILLIAMS 101-1550-4150 47.46 3/2/2023 Spr EXT Fl Deep 47.46 3/2/2023 SHERWIN WILLIAMS 47.46 SOFTWARE HOUSE INTERNATIONAL 101-1160-4203 4,319.00 3/2/2023 VMWare V Center & vSphere Annual Renewal 4,319.00 3/2/2023 SOFTWARE HOUSE INTERNATIONAL 4,319.00 AP - Check Detail-Checks (3/7/2023)Page 8 of 10 87 Last Name Acct 1 Amount Check Date Description SOUTHWEST NEWS MEDIA 101-1611-4340 750.00 3/2/2023 Front Page SOUTHWEST NEWS MEDIA 101-1110-4336 497.28 3/2/2023 Legal Notice SOUTHWEST NEWS MEDIA 101-1210-4336 34.56 3/2/2023 Legal Notice SOUTHWEST NEWS MEDIA 101-1420-4336 38.40 3/2/2023 Legal Notice SOUTHWEST NEWS MEDIA 101-1110-4336 497.28 3/2/2023 Legal Notice SOUTHWEST NEWS MEDIA 101-1611-4340 350.00 3/2/2023 Advertising SOUTHWEST NEWS MEDIA 101-1220-4375 395.00 3/2/2023 Promotion advertising SOUTHWEST NEWS MEDIA 101-1420-4336 30.72 3/2/2023 Legal Notice 2,593.24 3/2/2023 SOUTHWEST NEWS MEDIA 2,593.24 SOUTHWEST TRANSIT 101-0000-2033 150.00 2/22/2023 Overpayment - 680 Southwest Village Dr - 23-04 150.00 2/22/2023 SOUTHWEST TRANSIT 150.00 True North Controls 700-0000-4550 2,158.00 2/22/2023 4RF Aprisa SR, 4RF DIN Rail Mounting Bracket - Well 3 2,158.00 2/22/2023 True North Controls 2,158.00 VERIZON WIRELESS 700-0000-4310 524.61 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1600-4310 221.44 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1110-4310 40.01 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1160-4310 138.42 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1220-4310 714.23 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1370-4310 89.24 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1520-4310 51.91 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1310-4310 233.84 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-0000-2033 10.98 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 210-0000-4310 41.14 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 720-0000-4310 375.98 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1120-4310 157.30 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 701-0000-4310 380.04 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1540-4310 -9.03 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1170-4310 87.28 3/2/2023 Monthly Service - Jan 19 - Feb 18 AP - Check Detail-Checks (3/7/2023)Page 9 of 10 88 Last Name Acct 1 Amount Check Date Description VERIZON WIRELESS 101-1550-4310 478.69 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1320-4310 274.29 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1250-4310 323.47 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1530-4310 41.14 3/2/2023 Monthly Service - Jan 19 - Feb 18 VERIZON WIRELESS 101-1312-4310 87.28 3/2/2023 Monthly Service - Jan 19 - Feb 18 4,262.26 3/2/2023 VERIZON WIRELESS 4,262.26 Waste Management of Minnesota, Inc 101-1550-4329 880.85 3/2/2023 Monthly Service - Lake Ann 880.85 3/2/2023 Waste Management of Minnesota, Inc 880.85 Woods Kelly 700-7204-4901 100.00 3/2/2023 Waterwise Rebate - Toilet 100.00 3/2/2023 Woods Kelly 100.00 226,425.84 AP - Check Detail-Checks (3/7/2023)Page 10 of 10 89 AP Check Detail-ACH User: dwashburn Printed: 3/7/2023 5:08:15 PM Last Name Acct 1 Amount Check Date Description Al-Hilwani Juli 101-1539-4343 75.00 2/22/2023 Pickleball Lessons 75.00 2/22/2023 Al-Hilwani Juli 75.00 AMERICAN ENGINEERING TESTING 605-6502-4300 3,840.00 3/2/2023 20-22247 CSAH 101 3,840.00 3/2/2023 AMERICAN ENGINEERING TESTING 3,840.00 American Family Life Assurance Company of Columbus 101-0000-2008 39.78 2/22/2023 January, 2023 Premium 39.78 2/22/2023 American Family Life Assurance Company of Columbus 101-0000-2008 39.78 3/2/2023 February 2023 Payable 39.78 3/2/2023 American Family Life Assurance Company of Columbus 79.56 BOLTON & MENK INC 601-6048-4300 4,181.50 3/2/2023 Chan/Crimson Bay Road Improvements BOLTON & MENK INC 601-6051-4300 58,769.00 3/2/2023 Chanhassen/2023 Street Rehab (23-01) BOLTON & MENK INC 601-6049-4300 1,236.00 3/2/2023 Chanhassen/2022 Street Rehab (22-01) 64,186.50 3/2/2023 AP - Check Detail-ACH (3/7/2023)Page 1 of 10 90 Last Name Acct 1 Amount Check Date Description BOLTON & MENK INC 64,186.50 BRAUN INTERTEC CORPORATION 601-6046-4300 1,194.00 2/22/2023 2022 Lake Lucy Rehab - Services through 12/30/2022 1,194.00 2/22/2023 BRAUN INTERTEC CORPORATION 601-6048-4300 572.50 3/2/2023 Galpin Blvd Improvements BRAUN INTERTEC CORPORATION 601-6040-4300 4,383.50 3/2/2023 Galpin Blvd Improvements 4,956.00 3/2/2023 BRAUN INTERTEC CORPORATION 6,150.00 BROADWAY AWARDS 101-1170-4110 66.99 2/22/2023 EDC Name Tags 66.99 2/22/2023 BROADWAY AWARDS 66.99 Carver County 410-0000-4801 96,309.77 2/22/2023 TH5 Arboretum Trail 19-261 96,309.77 2/22/2023 Carver County 101-1150-4501 1,910.00 3/2/2023 Special Assessment Entry Carver County 700-1160-4326 650.00 3/2/2023 Carver Fiber - WWTP / W-3, 7, 8 / LS-24 Carver County 101-1160-4326 375.00 3/2/2023 CarverLink Internet / Fiber - March Carver County 101-1370-4300 125.00 3/2/2023 Hazardous Waste - MNS000154385 3,060.00 3/2/2023 Carver County 99,369.77 Colonial Life & Accident Insurance Co 700-0000-2008 15.30 3/2/2023 February, 2023 Payable Colonial Life & Accident Insurance Co 701-0000-2008 15.30 3/2/2023 February, 2023 Payable Colonial Life & Accident Insurance Co 101-0000-2008 37.20 3/2/2023 February, 2023 Payable 67.80 3/2/2023 AP - Check Detail-ACH (3/7/2023)Page 2 of 10 91 Last Name Acct 1 Amount Check Date Description Colonial Life & Accident Insurance Co 67.80 COMPUTER INTEGRATION TECHN.101-1160-4205 100.00 2/22/2023 OMS Security Certificate Renewal COMPUTER INTEGRATION TECHN.101-1160-4205 100.00 2/22/2023 CGAPP Security Certificate Renewal COMPUTER INTEGRATION TECHN.101-1160-4205 17.00 2/22/2023 Azure P2-GCC + Exchange P1-GCC - Feb COMPUTER INTEGRATION TECHN.101-1160-4211 400.40 2/22/2023 Office365 Backup Service - March 617.40 2/22/2023 COMPUTER INTEGRATION TECHN.101-1160-4370 370.00 3/2/2023 SharePoint Training - IT Staff 370.00 3/2/2023 COMPUTER INTEGRATION TECHN. 987.40 Danial Reem 101-1539-4343 151.20 3/2/2023 Zumba Instruction 151.20 3/2/2023 Danial Reem 151.20 DISPLAY SALES COMPANY 101-1550-4120 909.00 3/2/2023 Custom Flag DISPLAY SALES COMPANY 101-1550-4120 811.00 3/2/2023 US Flag with Header & Grommet 1,720.00 3/2/2023 DISPLAY SALES COMPANY 1,720.00 DOLLIFF INC. INSURANCE 101-1170-4483 23,000.00 2/22/2023 Agency Fee - Renew Policy 12/31/22 - 12/31/2023 23,000.00 2/22/2023 DOLLIFF INC. INSURANCE 23,000.00 FASTENAL COMPANY 101-1320-4560 10.40 2/22/2023 HCS5/16 - 18 1/2 Z 5 10.40 2/22/2023 AP - Check Detail-ACH (3/7/2023)Page 3 of 10 92 Last Name Acct 1 Amount Check Date Description FASTENAL COMPANY 101-1320-4120 54.71 3/2/2023 1X4 Clevis Pin FASTENAL COMPANY 101-1320-4150 42.73 3/2/2023 5/16 - 18 Nylock, HCS5/16-18X3/4 Z5 97.44 3/2/2023 FASTENAL COMPANY 107.84 Fidelity Security Life 720-0000-2007 6.63 3/2/2023 March 2023 Vision Fidelity Security Life 700-0000-2007 12.43 3/2/2023 March 2023 Vision Fidelity Security Life 101-0000-2007 259.83 3/2/2023 March 2023 Vision Fidelity Security Life 701-0000-2007 5.80 3/2/2023 March 2023 Vision 284.69 3/2/2023 Fidelity Security Life 284.69 GS DIRECT INC 101-1170-4110 96.24 3/2/2023 Paper for eng Plotter 96.24 3/2/2023 GS DIRECT INC 96.24 H & L Mesabi 101-1550-4120 2,958.00 2/22/2023 1/2 X 6 SEF X 8-6 Blade, Curb Guard, Runner 2,958.00 2/22/2023 H & L Mesabi 2,958.00 HAWKINS CHEMICAL 700-7019-4160 8,364.54 2/22/2023 Azone15 HAWKINS CHEMICAL 700-7043-4160 6,730.03 2/22/2023 Sodium Permanganate HAWKINS CHEMICAL 700-7019-4160 6,730.03 2/22/2023 Sodium Permanganate 21,824.60 2/22/2023 HAWKINS CHEMICAL 700-7019-4160 20.00 3/2/2023 Chlorine Cylinder HAWKINS CHEMICAL 700-7019-4160 40.00 3/2/2023 Chlorine Cylinder 60.00 3/2/2023 AP - Check Detail-ACH (3/7/2023)Page 4 of 10 93 Last Name Acct 1 Amount Check Date Description HAWKINS CHEMICAL 21,884.60 Health Strategies 101-1220-4352 600.00 3/2/2023 Physical Abilities Testing 600.00 3/2/2023 Health Strategies 600.00 HOISINGTON KOEGLER GROUP 401-0000-4706 850.00 2/22/2023 Chanhassen 2023 CIP Project - 022-064 850.00 2/22/2023 HOISINGTON KOEGLER GROUP 850.00 Innovative Office Solutions LLC 101-1170-4110 118.83 2/22/2023 Mesh Cup, Paper, Laser Paper 118.83 2/22/2023 Innovative Office Solutions LLC 101-1170-4110 48.08 3/2/2023 Pen, Pencil, Highlighters, Marker Innovative Office Solutions LLC 101-1170-4110 22.58 3/2/2023 Label 1/2" Bk/Clr Innovative Office Solutions LLC 101-1310-4359 0.34 3/2/2023 Interest on invoice 71.00 3/2/2023 Innovative Office Solutions LLC 189.83 JEFFERSON FIRE SAFETY INC 201-0000-4705 1,720.00 3/2/2023 Helmet w/EP Visor, faceshield 1,720.00 3/2/2023 JEFFERSON FIRE SAFETY INC 1,720.00 KENNEDY & GRAVEN, CHARTERED 481-0000-4300 1,512.50 2/22/2023 Legal - TIF 12 Note 1,512.50 2/22/2023 KENNEDY & GRAVEN, CHARTERED 605-6502-4300 7,140.38 3/2/2023 Professional Services - Acquisition of Right of Way CR 101 KENNEDY & GRAVEN, CHARTERED 101-1140-4302 602.00 3/2/2023 Legal Services - Labor/Employment Matters AP - Check Detail-ACH (3/7/2023)Page 5 of 10 94 Last Name Acct 1 Amount Check Date Description 7,742.38 3/2/2023 KENNEDY & GRAVEN, CHARTERED 9,254.88 KIMLEY HORN AND ASSOCIATES INC 605-6503-4300 265.23 3/2/2023 TH 101 Reconstruction KIMLEY HORN AND ASSOCIATES INC 605-6502-4300 2,355.62 3/2/2023 TH 101 Reconstruction 2,620.85 3/2/2023 KIMLEY HORN AND ASSOCIATES INC 2,620.85 K-TECH SPECIALTY COATINGS, INC 101-1320-4150 918.20 3/2/2023 Beet Heet Concentrate 918.20 3/2/2023 K-TECH SPECIALTY COATINGS, INC 918.20 LOCATORS AND SUPPLIES INC 701-0000-4150 140.17 3/2/2023 Rustoleum Safety Red Fire Hydrant Paint LOCATORS AND SUPPLIES INC 700-0000-4150 140.18 3/2/2023 Rustoleum Safety Red Fire Hydrant Paint 280.35 3/2/2023 LOCATORS AND SUPPLIES INC 280.35 MACQUEEN EQUIPMENT 701-0000-4260 1,024.54 2/22/2023 Drill Point, Manhole Hook 1,024.54 2/22/2023 MACQUEEN EQUIPMENT 1,024.54 Mansfield Oil Company 101-1370-4170 3,439.81 3/2/2023 Dyed ULS1 Coldflow Mansfield Oil Company 101-1370-4170 4,872.32 3/2/2023 Cov 87 Oct E-10 Mansfield Oil Company 101-1370-4170 8,010.16 3/2/2023 Dyed B5 ULS2 Coldflow 16,322.29 3/2/2023 AP - Check Detail-ACH (3/7/2023)Page 6 of 10 95 Last Name Acct 1 Amount Check Date Description Mansfield Oil Company 16,322.29 Matheson Tri-Gas, Inc.101-1370-4170 145.17 2/22/2023 Acetylene - Large, High Pressure - Large, High Pressure - Medium 145.17 2/22/2023 Matheson Tri-Gas, Inc. 145.17 Maus Kerry 101-1539-4343 475.50 3/2/2023 Line Dancing Instruction 475.50 3/2/2023 Maus Kerry 475.50 MN VALLEY ELECTRIC COOP 101-1350-4320 318.62 2/22/2023 Monthly Service - County Rd 61 & St Hwy 101 Lights MN VALLEY ELECTRIC COOP 101-1350-4320 151.64 2/22/2023 Monthly Service - Bluff Crk & Flying Cloud Dr 470.26 2/22/2023 MN VALLEY ELECTRIC COOP 101-1350-4320 160.34 3/2/2023 Bandimere Park Lights MN VALLEY ELECTRIC COOP 101-1350-4320 47.55 3/2/2023 Kiowa Trl & St. Hwy 101 Lights 207.89 3/2/2023 MN VALLEY ELECTRIC COOP 678.15 Mobile Mini, Inc 101-1617-4400 575.00 3/2/2023 40 Open Bay Office Mobile Mini, Inc 101-1617-4400 575.00 3/2/2023 40 Open Bay Office Mobile Mini, Inc 101-1617-4400 575.00 3/2/2023 40 Open Bay Office 1,725.00 3/2/2023 Mobile Mini, Inc 1,725.00 NAPA AUTO & TRUCK PARTS 101-1320-4120 125.17 3/2/2023 Fuel Filter, Oil Filter 125.17 3/2/2023 AP - Check Detail-ACH (3/7/2023)Page 7 of 10 96 Last Name Acct 1 Amount Check Date Description NAPA AUTO & TRUCK PARTS 125.17 Nuss Truck & Equipment 101-1320-4140 143.84 2/22/2023 Relay 143.84 2/22/2023 Nuss Truck & Equipment 143.84 Rent N Save Portable Services 101-1550-4400 1,066.00 3/2/2023 January 2023 Portable Restrooms 1,066.00 3/2/2023 Rent N Save Portable Services 1,066.00 Standard Spring-Truck Suspension Parts 101-1320-4140 2,116.84 3/2/2023 Spring, U-Bolt, Pin, Rebound Pin 2,116.84 3/2/2023 Standard Spring-Truck Suspension Parts 2,116.84 SUBURBAN CHEVROLET 101-1550-4140 50.20 2/22/2023 Seal, Slinger 50.20 2/22/2023 SUBURBAN CHEVROLET 50.20 SUMMIT COMPANIES 700-7043-4300 369.00 3/2/2023 Dry Chemical Extinguisher Service SUMMIT COMPANIES 700-7019-4510 132.00 3/2/2023 Dry Chemical Extinguisher Service - Fire Extinguisher Inspection SUMMIT COMPANIES 101-1190-4300 164.00 3/2/2023 Dry Chemical Extinguisher Service - Fire Extinguisher Inspection SUMMIT COMPANIES 101-1312-4300 930.50 3/2/2023 Dry Chemical Extinguisher Service SUMMIT COMPANIES 101-1220-4300 820.25 3/2/2023 Dry Chemical Extinguisher Service SUMMIT COMPANIES 101-1220-4300 108.00 3/2/2023 Dry Chemical Extinguisher Service - Fire Extinguisher Inspection SUMMIT COMPANIES 101-1170-4300 440.50 3/2/2023 Dry Chemical Extinguisher Service 2,964.25 3/2/2023 AP - Check Detail-ACH (3/7/2023)Page 8 of 10 97 Last Name Acct 1 Amount Check Date Description SUMMIT COMPANIES 2,964.25 TBEI, Inc 101-1320-4530 7,626.00 3/2/2023 Prewet TG Kit 100GL TBEI, Inc 101-1320-4120 4,245.29 3/2/2023 HCD 3X10X2, IC/HH TBEI, Inc 101-1320-4530 5,255.00 3/2/2023 Assy Spinner, Decal-Danger, Decal - Caution 17,126.29 3/2/2023 TBEI, Inc 17,126.29 VESSCO INC 700-7019-4120 1,200.00 3/2/2023 Injector Quill VESSCO INC 700-7043-4120 1,200.00 3/2/2023 Injector Quill 2,400.00 3/2/2023 VESSCO INC 2,400.00 Water Conservation Services, Inc.700-0000-4300 358.82 3/2/2023 2310 Coulter - Rec Center - Leak Locate 358.82 3/2/2023 Water Conservation Services, Inc. 358.82 WSB & ASSOCIATES INC 601-6040-4300 13,923.02 3/2/2023 Galpin Boulevard Improvement 13,923.02 3/2/2023 WSB & ASSOCIATES INC 13,923.02 XCEL ENERGY INC 700-0000-4320 561.07 2/22/2023 Monthly Service - 1720 Lake Lucy Rd 561.07 2/22/2023 XCEL ENERGY INC 101-1190-4320 2,999.82 3/2/2023 Monthly Service - City Utilities XCEL ENERGY INC 101-1220-4320 1,199.90 3/2/2023 Monthly Service - City Utilities XCEL ENERGY INC 101-1350-4320 34.76 3/2/2023 Monthly Service - 1178 Lake Lucy Rd XCEL ENERGY INC 701-0000-4320 221.42 3/2/2023 Monthly Service - City Utilities XCEL ENERGY INC 101-1170-4320 2,319.94 3/2/2023 Monthly Service - City Utilities AP - Check Detail-ACH (3/7/2023)Page 9 of 10 98 Last Name Acct 1 Amount Check Date Description XCEL ENERGY INC 101-1540-4320 1,228.09 3/2/2023 Monthly Service - Parks Dept XCEL ENERGY INC 700-0000-4320 10,048.59 3/2/2023 Monthly Service - Wells XCEL ENERGY INC 700-7043-4320 5,945.00 3/2/2023 Monthly Service - 2100 Lake Harrison Rd XCEL ENERGY INC 101-1600-4320 27.23 3/2/2023 Monthly Service - 7700 Market Blvd XCEL ENERGY INC 700-0000-4320 221.42 3/2/2023 Monthly Service - City Utilities XCEL ENERGY INC 101-1312-4320 1,771.33 3/2/2023 Monthly Service - City Utilities XCEL ENERGY INC 101-1600-4320 760.52 3/2/2023 Monthly Service - Parks Dept XCEL ENERGY INC 700-7019-4320 5,597.30 3/2/2023 Monthly Service - 201 W 79th st XCEL ENERGY INC 101-1550-4320 303.98 3/2/2023 Monthly Service - Parks Dept 32,679.30 3/2/2023 XCEL ENERGY INC 33,240.37 335,345.15 AP - Check Detail-ACH (3/7/2023)Page 10 of 10 99 City Council Item March 13, 2023 Item Approve 2023 Liquor License Renewals File No.Item No: E.5 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the 2023 liquor license renewals as listed on the attached sheet contingent upon receipt of all necessary documentation and satisfactory background investigations of all operating managers." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND Liquor licenses issued by the City of Chanhassen are required to be renewed annually on May 1. The city currently has issued liquor licenses to 34 establishments in the city, broken down by license type as follows: License Type Number Issued Off-Sale 3.2 4 On-Sale 3.2 0 Off-Sale Intoxicating 6 100 On-Sale Intoxicating with Sunday Sales 9 On-Sale Intoxicating NO Sunday Sales 1 On-Sale Wine and Beer 12 Off-Sale Brewer/On-Sale Brewer Taproom 2 TOTAL 34 DISCUSSION Liquor License Renewals Attached is a listing of all of the liquor licenses that are renewed annually by the City Council. This renewal is for the licensing period of May 1, 2023 through April 30, 2024. As of this writing, staff has not received all of the necessary documentation from every license holder; however, this is typical and no license will be issued until all documentation is complete. The Carver County Sheriff’s Department is in the process of completing background investigations on new and existing operating managers of each establishment. This includes criminal history, outstanding warrants, and driving records. If any noteworthy issues are found, the individual license will not be issued and will be brought back to the council at a future meeting. Staff also reviewed property tax and utility bill records for each applicant and found all but one was current. An outstanding utility bill amount was included in the invoice and must be paid prior to issuance of the renewal license. License Updates New licenses in 2023: Thaliwala Beer & Wine Tono Pizzeria & Cheesesteaks Beer & Wine Hackamore Brewing Company Off-Sale Brewer and On-Sale Taproom (opening March 2023) BUDGET The total liquor license renewal revenue for 2023 is $90,728. RECOMMENDATION Staff recommends that the City Council approve the 2023 liquor license renewals as listed on the attached sheet, contingent upon receipt of all necessary paperwork and a satisfactory background investigations. Following council approval, the licenses will be forwarded to the Liquor Control Division at the Minnesota Department of Public Safety for final processing. ATTACHMENTS 2023-2024 Liquor Licenses 101 2023 LIQUOR LICENSE RENEWAL APPLICATIONS LICENSE #LICENSE TYPE FEE ON-SALE 3.2 MALT LIQUOR LICENSE -None OFF-SALE 3.2 MALT LIQUOR LICENSES 2023-01 Cub Foods, 7900 Market Boulevard $58 2023-02 Kwik-Trip #402, 2201 West 78th Street $58 2023-03 Kwik-Trip #492, 8921 Crossroads Boulevard $58 2023-04 Speedway #4095, 2960 82nd Street $58 ON-SALE INTOXICATING LIQUOR LICENSES (All fees listed include $200 Sunday Sales fee, except High Timbers Lounge) 2023-05 American Legion Post 580, 290 Lake Drive East $9,809 2023-06 Axel’s, 560 West 78th Street $6,315 2023-07 Buffalo Wild Wings #88, 550 West 79th Street $9,809 2023-08 Chanhassen Dinner Theatres, 501 West 78th Street $13,304 2023-09 High Timbers Lounge & Meeting Rooms, 591 West 78th Street (no Sunday Sales)$7,862 2023-10 Houlihan’s Restaurant & Bar, 530 Pond Promenade $9,809 2023-11 North Coop, 2401 Highway 7 $9,809 2023-12 Rey Azteca, 7874 Market Boulevard $6,315 2023-13 Tequila Butcher, 590 West 79th Street $9,809 OFF-SALE INTOXICATING LICENSES 2023-14 Lunds & Byerlys Wine & Spirits, 780 West 78th Street $200 2023-15 MGM Wine & Spirits, 7856 Market Boulevard $200 2023-16 Target Store T-0862, 851 West 78th Street $200 2023-17 Top Ten Liquors, 19900 West 78th Street (Hennepin County)$200 2023-18 Total Wine & More, 510 Lake Drive $200 2023-19 The Vintage, 8971 Crossroads Boulevard Suite 160 $200 ON-SALE BEER & WINE LICENSES 2023-20 Bluff Creek Golf Course, 1025 Creekwood Drive $410 2023-21 Board & Brush Creative Studio, 7882 Market Boulevard $410 2023-22 Bonsai Sushi & Korean Cuisine, 420 Pond Promenade $410 2023-23 Davanni's Pizza and Hot Hoagies, 464 Lake Drive, Suite 100 $410 2023-24 Golf Zone, 825 Flying Cloud Drive $410 2023-25 Halla Greens Executive Golf Course & Driving Range, 495 Pioneer Trail $410 2023-26 Kai's Sushi & Grill, 586 West 78th Street $410 2023-27 Life Time Fitness, 2901 Corporate Place $410 2023-28 Med Box Grill, 600 Market Street, Suites 160-170 $410 2023-29 Na’s Thai Cafe, 566 West 78th Street $410 2023-30 Soya Sushi & Grill, 530 West 79th Street, Suite 120 $410 2023-31 Thaliwala, 7850 Market Boulevard $410 2023-32 Tono Pizzeria & Cheesesteaks, 190 Lake Drive East $410 OFF-SALE BREWER & ON-SALE BREWER TAPROOM LICENSES 2023-33 Chanhassen Brewing Company, 591 West 78th Street $600 2023-34 Hackamore Brewing Company, 18651 Lake Drive East (pro-rated)$525 TOTAL FEES $90,728 102 City Council Item March 13, 2023 Item Resolution 2023-XX: Approve a Professional Services Agreement for Design Services Related to Lift Station #3 Forcemain Replacement Project File No.ENG 23-08 Item No: E.6 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution authorizing entering into a contract with HTPO for professional services related to the Lift Station #3 Forcemain Replacement Project." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY City Lift Station #3 was constructed in 1971. A location map and scope concept are attached to this report. The lift station components (pumps, control panel, piping, etc.) have been replaced since the original construction; however, the forcemain is still the original 8-inch CIP which has reached its recommended service life. This lift station is our third largest based on pumping flow rate, which serves the entire west side of Lake Minnewashta. Even though we've had very few issues with this forcemain, this is an extremely critical piece of infrastructure that requires proactive asset management. The scope will be to either pipe burst the existing forcemain, or to install a parallel pipe via directional drilling. This will be determined during the design process. The forcemain connects directly into an MCES 24-inch RCP gravity interceptor located in West 62nd Street, which then flows north into Shorewood. We've been in contact with MCES and they support the project and are looking to upgrade 103 some of their infrastructure as part of this project. BACKGROUND N/A DISCUSSION N/A BUDGET This project is identified in the 5-year CIP as Project #SS-028. The project budget was set at $130,000 last year when updating the CIP, however, this amount was established before learning that MCES would like to add a new manhole and meter vault as part of the project. They will fund these additions via a forthcoming agreement, however, the contemplated design contract scope includes design for these added services and therefore exceeds what was initially planned for in the CIP. With the additional MCES scope and funding, earmarked as $400,000, the design contract amount of $42,000 is well within the revised overall project budget of $530,000. RECOMMENDATION Staff recommends authorizing the design contract. ATTACHMENTS Resolution Professional Services Agreement-HTPO CIP#SS-028 Lift Station #3 Forcemain Project Map 104 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 13, 2023 RESOLUTION NO: 2023-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH HTPO FOR PROFESSIONAL SERVICES RELATED TO THE LIFT STATION #3 FORCEMAIN REPLACEMENT PROJECT WHEREAS,the City of Chanhassen wishes to proactively replace the existing forcemain for Lift Station #3; and WHEREAS,the city has met with Met Council Environmental Services (MCES) who support the project and wish to be a partner with the City to perform other ancillary infrastructure replacements as part of the project; and WHEREAS,professional design services are required for project implementation; and WHEREAS,a Request for Proposals (RFP) was sent to qualified design consultants; and WHEREAS,a Professional Services Agreement (PSA), based on the city’s standard template, has been prepared for a responsive design consultant; and WHEREAS,the project is feasible, necessary, and cost-effective. NOW, THEREFORE, BE IT RESOLVED,that the Mayor and City Manager are authorized to enter into a contract with HTPO for Professional Services related to the Lift Station #3 Forcemain Replacement Project. PASSED AND ADOPTED by the Chanhassen City Council this 13 th dayof March 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 105 1 G:\ENG\PUBLIC\_2023 PROJECTS\23-08 LS #3 Forcemain Replacement\Contract Administration\Design Contract\PROFESSIONAL SERVICES AGREEMENT-HTPO_Chan_LS#3 Forcemain.docx PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 13th day of March 2023, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and HANSEN THORP PELLINEN OLSON, Inc. ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant for Design Services related to the Lift Station #3 Forcemain Replacement. 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. Insurance Certificate; C. Consultant’s February 22, 2023 proposal for Lift Station #3 Forcemain Replacement Project (“Proposal”), attached hereto as Exhibit A. 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 “C” 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 Forty-Two Thousand and 00/100 Dollars ($42,000.00), 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. 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. 106 2 G:\ENG\PUBLIC\_2023 PROJECTS\23-08 LS #3 Forcemain Replacement\Contract Administration\Design Contract\PROFESSIONAL SERVICES AGREEMENT-HTPO_Chan_LS#3 Forcemain.docx 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 reasonable costs and attorney's fees where recoverable under applicable law, to the extent caused by the negligent acts, errors, or omissions in the execution or performance of the services provided for herein. 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 occurrence/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 107 3 G:\ENG\PUBLIC\_2023 PROJECTS\23-08 LS #3 Forcemain Replacement\Contract Administration\Design Contract\PROFESSIONAL SERVICES AGREEMENT-HTPO_Chan_LS#3 Forcemain.docx services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay 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. 108 4 G:\ENG\PUBLIC\_2023 PROJECTS\23-08 LS #3 Forcemain Replacement\Contract Administration\Design Contract\PROFESSIONAL SERVICES AGREEMENT-HTPO_Chan_LS#3 Forcemain.docx 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. 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: _______________, 2023. CITY OF CHANHASSEN BY: _____________________________________________ Elise Ryan, Mayor BY: _____________________________________________ Laurie Hokkanen, City Manager Dated: _______________, 2023. HANSEN THORP PELLINEN OLSON, INC. BY: _____________________________________________ Its March 7 Adam Pawelk Vice President 109 3/8/23, 10:53 AM Capital Request | FY 2023 Preliminary https://city-chanhassen-mn-budget-book.cleargov.com/7417/capital-request/49584/view 1/3  Budget Book Last Updated 03/02/23 Sewer - Lift Station #3 Forcemain Replacement Overview Request Owner Charlie Howley, PW Director/City Engineer Department Sanitary Sewer Gen Operations Type Capital Improvement Project Number SS-028 Description The project consists of replacing the original sanitary sewer forcemain for Lift Station #3. Underground piping deteriorates over time. The forcemain for LS #3 is original Cast Iron Pipe (CIP) installed in 1971. LS #3, located on the north side of Hwy 7, is in the NW corner of the City and is the controlling downstream lift station in a series of stations serving the entire area west of Lake Minnewashta. The forcemain discharges directly into a manhole on the MCES interceptor sewer. A temporary bypass will be installed as part of the project and therefore no extended service interruptions are anticipated. Details Type of Project Improvement Location   w Fund Summaries Funding Sources General Fund Departments & Divisions Capital Improvements Debt City of Chanhassen powered by (H T T P S ://C L E A R G O V.C O M ) 110 3/8/23, 10:53 AM Capital Request | FY 2023 Preliminary https://city-chanhassen-mn-budget-book.cleargov.com/7417/capital-request/49584/view 2/3 Spreadsheet Breakdown  Capital Cost FY2023 Budget $130,000 Total Budget (all years) $130K Project Total $130K Capital Cost by Year Construction/Maintenance Engineering 2023 $130,000.00 $0 $40K $80K $120K Capital Cost for Budgeted Years TOTAL $130,000.00 Construction/Maintenance (88%)$115,000.00 Engineering (12%)$15,000.00  City of Chanhassen powered by (H T T P S ://C L E A R G O V.C O M ) 111 3/8/23, 10:53 AM Capital Request | FY 2023 Preliminary https://city-chanhassen-mn-budget-book.cleargov.com/7417/capital-request/49584/view 3/3 powered by 2023 ClearGov, Inc. (https://cleargov.com) info@cleargov.com (mailto:info@cleargov.com) About (https://cleargov.com/about) Terms & Privacy (https://cleargov.com/terms-and-conditions) Select Language ▼ Spreadsheet Breakdown  Funding Sources FY2023 Budget $130,000 Total Budget (all years) $130K Project Total $130K Funding Sources by Year Utility Fund - Sewer 2023 $130,000.00 $0 $40K $80K $120K Funding Sources for Budgeted Years TOTAL $130,000.00 Utility Fund - Sewer (100%)$130,000.00 City of Chanhassen powered by (H T T P S ://C L E A R G O V.C O M ) 112 113 City Council Item March 13, 2023 Item Resolution 2023-XX: Request Galpin Boulevard be added to the City's Municipal State Aid System (MSAS) File No.PW176A Item No: E.7 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution requesting from the Minnesota Department of Transportation that Galpin Boulevard, between West 78th Street and the northern municipal border, be, and hereby is established, located, and designated a Municipal State Aid Street of the City of Chanhassen, subject to the approval of the Commissioner of Transportation of the State of Minnesota." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Carver County has officially released County Road 117, and the city officially accepted the same as Galpin Boulevard back on 2/14/22; thereby transferring jurisdiction to the city. This was all part of the project plan and agreement in place between the county and city. This resolution is a formality required by MnDOT to allow the roadway to be placed on the city's Municipal State Aid System (MSAS). MSA funding is planned to be used to help cover the city's costs of the project. BACKGROUND 114 N/A DISCUSSION Staff is planning on providing Council an update presentation on the Galpin project sometime in the next couple of months. Current project status: Consultant is moving into final design The next public open house is about to be scheduled, likely in April We're about to begin the easement acquisition process with impacted properties The next formal Council action will be authorization for bidding, which is estimated for May The project will be constructed across multiple years, beginning later this summer As a reminder, the JPA with the County outlines that they are responsible for maintenance of the road until such time the project is completed. This includes pothole patching and snowplowing. A copy of the previously approved JPA and Turnback agreement is attached to this report for background. BUDGET N/A RECOMMENDATION Staff recommends adoption of the resolution. ATTACHMENTS Resolution Highway 117 Project JPA Turnback Agreement for Highway 117 115 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 13, 2023 RESOLUTION NO: 2023-XX MOTION BY: SECONDED BY: A RESOLUTION REQUESTING THAT GALPIN BOULEVARD BE DESIGNATED A CITY OF CHANHASSEN MUNICIPAL STATE AID STREET WHEREAS,TheCity of Chanhassen has accepted Galpin Boulevard from West 78 th Street to the northern municipal border as a turnback from Carver County; and WHEREAS,the City Council of the City of Chanhassen requests to have this street designated as a Municipal State Aid Street under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Chanhassen that Galpin Boulevard, between West 78th Street and the northern municipal border, be, and hereby is established, located, and designated a Municipal State Sid Street of the City of Chanhassen, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Chanhassen, to be numbered and known as a Municipal State Aid Street. PASSED AND ADOPTED by the Chanhassen City Council this 13 th dayof March 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 116 JOINT POWERS AGREEMENT FOR CONSTRUCTION ON COUNTY HIGHWAY 117 THIS AGREEMENT FOR CONSTRUCTION ON COUNTY HIGHWAY 117, Agreement") shall be in effect from the date of execution and shall continue until the completion of the Project, by and between the City of Chanhassen (“City”), and the County of Carver ("County") each sometimes hereinafter called "Party" and both sometimes collectively "Parties") the Parties being governmental and political subdivisions of the State of Minnesota. WITNESSETH: WHEREAS, each of the Parties has the authority to construct, maintain, repair, and improve public streets within their respective jurisdictions; and WHEREAS, County Highway 117 (CH 117) is a duly dedicated public street, located within the corporate limits of City; and WHEREAS, the Parties desire to undertake a joint project involving grading, aggregate base, pavement surfacing, curb & gutter, sidewalk, storm sewer, stormwater management, lighting, landscaping and other incidentals, and to share the costs of such improvement as herein provided; and WHEREAS, the authority of the Parties to enter into this Agreement is provided by Minnesota Statutes, Section 471.59. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01. Purposes. The purpose of this Agreement is to define the rights and obligations of the City and the County with respect to the Project and the sharing of the duties and costs of the Project. Section 1.02. Cooperation. The City and the County shall cooperate and use their reasonably best efforts to ensure an expeditious implementation of the various provisions of this Agreement. The Parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner. The Project will be open to inspection of duly authorized representatives of the Parties at any time during normal business hours and as often as reasonably deem ed necessary. Section 1.03. Relationship To Other Contracts. The City and the County acknowledge that Contract Documents will be entered into by the City on behalf of the Parties with respect to the Project, and that Change Orders or other documents may be entered into by the City on behalf of the Parties, with respect to the Project. This Agreement shall be construed so as to give the fullest effect to its provisions, consistent with the provisions of the other contracts and documents referred to above. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 117 Page | 2 Section 1.04. Term. The term of this Agreement shall be for a period commencing on the date hereof and terminating on the date the Project is completed, accepted by the Parties and all amounts owed by one Party to the other have been paid in full. Section 1.05. Recitals. The above recitals are true and correct as of the date hereof and constitute a part of this Agreement. Section 1.06 Enabling Authority. Minnesota Statutes, Section 471.59, authorizes two or more governmental units to jointly exercise any power common to the contracting Parties. ARTICLE II DEFINITIONS Section 2.01. Definitions. In this Agreement the following terms shall have the following meanings unless the context requires otherwise: a) Agreement: this Agreement, as it may be amended, supplemented, or restated from time to time. b) Change Order: a written order, change order or supplemental agreement to the Contractor approved in writing, which may be electronic, by both Parties hereto and signed by the City Representative on behalf of the Parties authorizing a change in the work included within the Contract Documents and/or an adjustment in the price and/or an adjustment in the construction schedule, issued after execution of the contract for the construction of the Project. c) City: the City of Chanhassen. d) City Representative: Charles Howley, P.E., LEED AP, City of Chanhassen Public Works Director / City Engineer. e) City/County Costs: the direct and indirect costs of City and County employees performing services on behalf of the Project, and other incidentals. f) Design Phase Professional Services Costs: the fees and costs for all professional services performed in design phase activities for the Project. g) Construction Phase Professional Services Costs: the fees and costs for all professional services performed in construction phase activities for the Project. h) Contract Documents: drawings; Engineers Estimate; specifications; general and special conditions; addenda, if any; Change Orders; and the construction contract for the Project; approved by the Parties, or their respective representatives. i) Contractor: the person or entity that is awarded the contract for the construction of DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 118 Page | 3 the Project. j) County: Carver County. k) County Representative: Lyndon Robjent, P.E., Carver County Engineer. l) Engineers Estimate: the professional engineer’s opinion of probable cost prior to the bidding of the Project, which encompasses all projected costs tabulated for each Party. m) Project: All work required to program, implement and construct all of the improvements to CH 117 within the Project Location including grading, aggregate base, bituminous pavement surfacing, curb & gutter, sidewalk, trails, storm sewer, stormwater management, lighting, landscaping, watermain, sanitary sewer, and other incidentals. n) Project Costs: all costs for and associated with the programing, implementation and construction of the Project, excluding Design Phase Professional Services Costs, Construction Phase Professional Services Costs, and City/County Costs. o) Project Location: CH 117 from Trunk Highway 5 to the Hennepin County Border, as generally depicted in Exhibit A. p) Uncontrollable Circumstances: the occurrence or non-occurrence of acts or events beyond the reasonable control of the Party relying thereon, and not the result of willful or negligent action or inaction of the Party claiming the event as an Uncontrollable Circumstance, that materially adversely affects the performance of the Party claiming the event as an Uncontrollable Circumstance including but not limited to the following: 1) Acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lighting and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failure, and fires or explosions. 2) The adoption of or change in any federal, state, or local laws, rules, regulations, ordinances, permits, or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits, or licenses by a court or public agency having appropriate jurisdiction after the date of the execution of this Agreement. 3) A suspension, termination, interruption, denial, or failure of renewal of any permit, license, consent, authorization, or approval essential to the construction of the Project. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 119 Page | 4 4) Orders and/or judgment of any federal, state, or local court, administrative agency, or governmental body, provided, however, that the contesting in good faith by such Party of any such order and/or judgment shall not constitute or be construed to constitute a willful or negligent action or inaction of such Party. 5) Strikes or other such labor disputes shall not be considered an Uncontrollable Circumstance, unless such strike or labor dispute involves persons with whom the Parties have no employment relationship and the Parties, or either of them, cannot, using best efforts, obtain substitute performance. ARTICLE III ALLOCATION OF DUTIES Section 3.01. Design Phase Activities. Design phase activities, including, but not limited to, field surveys, right of way plats, design, engineering, cost estimating, right of way acquisition, public engagement, and other matters, shall be completed by the Parties as follows: See attached Exhibit B. Section 3.02. Construction Phase Activities. Construction phase activities, including, but not limited to, the bid process, preparation of contract documents, awarding of contract, construction inspection and surveying and other matters, shall be completed by the Parties as follows: See attached Exhibit B. Section 3.03. Contract Award. The Contract Documents shall be approved in writing, which may be electronic, by the Parties prior to the solicitation of bids. In accordance with the applicable provisions of Minnesota Statutes, City will cause bids to be received by it for the construction of the Project and, subject to approval by the County if the low responsible bidder is more than the Engineers Estimate, shall award the contract for the construction of the Project to the lowest responsible bidder. Section 3.04. Project Construction. Subject to Uncontrollable Circumstances, the Parties shall cause the Project to be constructed in accordance with the Contract Documents. The County shall have the right to review and approve of any proposed changes to the plans and specifications as they relate to County’s cost participation prior to the work being performed. Section 3.05. Maintenance Upon Project Completion and Final Acceptance. Highway maintenance shall be completed by the Parties, upon project completion and final acceptance of the Project, as follows: The City will perform all maintenance responsibilities on all current streets under the City jurisdiction and will perform maintenance responsibilities on Galpin Boulevard north of Trunk Highway 5 current County Highway 117) upon release by the County to the City in accordance with a separate turnback agreement between the Parties. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 120 Page | 5 ARTICLE IV PROJECT COST SHARING Section 4.01. Allocation. a) The Project Costs for all items shall be divided between the City and County as follows: See attached Exhibit C. b) The Design Phase Professional Services Costs for all items shall be divided between the Parties as follows: See attached Exhibit C. c) The Construction Phase Professional Services Costs for all items shall be divided between the Parties as follows: See attached Exhibit C. d) All other costs including, but not limited to City/County Costs, shall be allocated between the Parties as follows: See attached Exhibit C. Section 4.02. Payments to Contractor. The City shall make partial progress payments to the Contractor and, upon approval of both Parties hereto, the final payment to the Contractor in accordance with the Contract Documents. The designated County Representative shall have the right to approve of any Change Orders prepared by the City that affect the County’s share of the construction cost. The County further agrees that it will participate in the settlement of any claim from the City's contractor for the Project that involve delays attributable to unreasonable delays in approval by the County for plan or specification changes deemed necessary by the City Engineer or staff. The amount of the County’s participation in any such claim shall be commensurate with the percentage of delay directly attributable to County’s actions. Section 4.03. Adjustments and Reconciliation. To the extent that the actual value of any item included in an invoice cannot be accurately determined at the time of submission of the invoice, such item shall be invoiced on an estimated basis and an adjustment shall be made to reflect the difference between such estimated amount and the actual amount of such item on the next invoice after determination of the actual amount. Prior to final acceptance of the Project, the designated City representative shall provide County with a reconciliation of all costs for the Project and the respective contributions of the Parties for the review and approval of the Parties. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 121 Page | 6 Section 4.04. Exclusive Responsibility. All aspects of application for State of Minnesota for State and Federal Funds and the grant thereof by the State, are the exclusive responsibility of the City, including but not limited to the investment, expenditure, and allocation of such funds. It is specifically agreed that any interest on the investment of any such funds is the sole property of the City, to use as the City shall see fit. Section 4.05. Payment to City. The County agrees to reimburse the City for costs incurred, pursuant to Section 4.01. Unless previously deposited as provided herein, the County is responsible to pay these monies to the City within thirty (30) days of being invoiced for costs incurred or services performed. Costs will be invoiced at the completion of each Project phase and upon final acceptance of the Project by the Parties, unless an alternate schedule is mutually agreed upon in writing by the authorized representatives of the Parties. At the start of the Design Phase and Construction of the Project, City shall invoice the County to deposit with the City ninety five (95) percent of the estimated County’s share in the Design Phase Professional Services Costs and Construction Phase Professional Services Costs. After an award by City to the successful bidder on the Project, City shall invoice the County to deposit with the City ninety five (95) percent of the estimated County’s share in the Project Costs. Section 4.06. Payment to County. The City agrees to reimburse the County for costs incurred, pursuant to Section 4.01. The City is responsible to pay these monies to the County within thirty (30) days of being invoiced for costs incurred or services performed. Costs will be invoiced at the completion of each Project phase and upon final acceptance of the Project by the Parties, unless an alternate schedule is mutually agreed upon in writing by the authorized representatives of the Parties. ARTICLE V GENERAL PROVISIONS Section 5.01. Notices. All notices or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to City and County, certified mail, return-receipt requested, at the following address: City: Charles Howley, PE, LEED AP Public Works Director / City Engineer City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 County: Lyndon Robjent, PE County Engineer Carver County Public Works 11360 Hwy 212 West, Suite 1 DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 122 Page | 7 Cologne, MN 55322 Either Party may change its address or authorized representative by written notice delivered to the other Party pursuant to this Section 5.01. Section 5.02. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which taken together shall be deemed a single instrument. Section 5.03. Survival of Terms, Representations and Warranties. The representations, warranties, covenants, and agreements of the Parties under this Agreement, and the remedies of either Party for the breach of such representations, warranties, covenants, and agreements by the other Party shall survive the execution and termination of this Agreement. The terms of Sections 3.05, 5.14, 5.15, 5.16 and 5.17 shall survive the expiration, termination or withdrawal from this Agreement. Section 5.04. Non-Assignability. Neither the City nor the County shall assign any interest in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other Party. Such consent shall not be unreasonably withheld. Section 5.05. Alteration. It is understood and agreed that the entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and duly signed by all Parties. Section 5.06. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by any Party hereto shall not constitute a waiver or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. Section 5.07. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. Section 5.08. Interpretation According to Minnesota Law. The Laws of the State of Minnesota shall apply to this Agreement. Section 5.09. Final Payment. Before final payment is made to the Contractor, the Contractor shall provide a certificate of compliance from the Commissioner of Revenue certifying that the Contractor and any out-of-state subcontractors have complied with the provisions of Minnesota Statutes, Section 290.92. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 123 Page | 8 Section 5.10. Headings. The headings to the various sections of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed, to modify, define, limit, or expand the intent of the Parties as expressed in this Agreement. Section 5.11. Further Actions. The Parties agree to execute such further documents and take such further actions as may reasonably be required or expedient to carry out the provisions and intentions of this Agreement, or any agreement or document relating hereto or entered into in connection herewith. Section 5.12. Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of the Parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature under or by reason of this Agreement. Section 5.13. Employees. It is further agreed that any and all full-time employees of County and all other employees of said County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of County only and not of City and that any and all claims that may or might arise under Workman’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third Parties as a consequence of any act or omission on the part of County employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of County. It is further agreed that any and all full-time employees of City and all other employees of said City engaged in the performance of any work or services required or provided for herein to be performed by City shall be considered employees of City only and not of County and that any and all claims that may or might arise under Workman’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third Parties as a consequence of any act or omission on the part of said City employees which so engaged on any of the work or services to be rendered herein shall be the sole obligation and responsibility of City. Section 5.14. Indemnification. The Parties’ total liability under this Agreement shall be governed by Minn. Statutes, Section 471.59, Subd. 1a. Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and shall not be responsible for the acts/omissions of the other Party and the results thereof. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minn. Statutes, Section 466.04, Subd. 1. Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials, agents, and employees, from any liability, loss, or damages the other Party may suf fer or incur as the result of demands, claims, judgments, or cost arising out of or caused by the indemnifying Party’s negligence in the performance of its respective obligations under this Agreement. This DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 124 Page | 9 provision shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. la(a); provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Section 5.15. Records – Availability and Access A. Pursuant to Minnesota Statutes, Section 16C.05, Subd. 5, the City agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City and involve transactions relating to this Agreement. City agrees to maintain these records for a period of six years from the date of termination of this Agreement. B. Pursuant to Minnesota Statutes, Section 16C.05, Subd. 5, the County agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the County and involve transactions relating to this Agreement. County agrees to maintain these records for a period of six years from the date of termination of this Agreement. Section 5.16. Data Practices. Each Party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. Section 5.17. Nondiscrimination. During the performance of this Agreement, the City and the County agree to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 125 Page | 10 discrimination. Section 5.18. Default and Withdrawal. Default in this Agreement may occur when a Party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement. Unless the Party’s default is excused by the non-defaulting Party, the non-defaulting Party may, upon written notice to the defaulting Party representative listed herein, cancel this Agreement in its entirety as indicated below. Any Party may withdraw from this Agreement with or without cause by providing thirty (30) days’ prior written notice to the other Parties herein. Only the governing bodies of the Participating Parties have authority to act pursuant to this provision of the Agreement. Each Party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days from the opening of bids for the project in the event either or both Parties consider any or all bids unsatisfactory; the withdrawal from or cancellation of the agreement to be accomplished by either or both Parties within 30 days of opening of bids by serving a written notice thereof upon the other, unless this right is waived by both Parties in writing. Section 5.19. Third Party. This Agreement does not create any rights, claims or benefits inuring to any person that is not a Party hereto nor create or establish any third Party beneficiary. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 126 Page | 11 IN TESTIMONY WHEREOF, The Parties hereto have caused these presents to be executed. City of Chanhassen, Minnesota Mayor Date: Attest: City Manager Date: Approved As To Form: City Attorney Date: County of Carver, Minnesota County Board Chair Date: Attest: County Administrator Date: Approved As To Form: County Attorney Date: DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 2/15/2022 2/15/2022 2/15/2022 4 Dave Hemze (Mar 7, 2022 09:17 CST) 03/07/22 Gayle Degler (Mar 7, 2022 17:04 CST) Gayle Degler 03/07/22 127 Redwin g LaneW e st78th S treet Lake D riveWestParkR oad CenturyBoulevardLakeSu s anHills D riveAudubon RoadR ubyL aneFawnHill Roa d MurrayHillRoadLakeLu cyRoad YosemiteAvenueWoodDuck L aneManchesterDriveLongacre sDri v e Pearl DriveSton e CreekD r ive UticaLaneTecumsehL ane Paisley P at hGunflintTrail Te t onLaneHighoverDriveO rchar d L a n e T imberwood DriveW al nutCurveRidgeviewW ay C o u l t e r B o ule vard Lilac Lane Her o n Drive ParkDr iv eBentB o wTrailPon t iac Ci rcleC h aparral L aneHunt erDrive Della Drive PeaveyRoadNorexDr i veA r b o r e t u m B o u lev ardHazeltine BoulevardGalpinBoulevardP o we r s B o u l e v a r d 15 17 117 HennepinCounty CarverCounty 7 41 5 Project Location Map This mapw as created using a compilation of information and data from various City, County, State, and Federal offices. It is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein.1 inch = 2,000 feet Public WorksDivision11360Hwy212, Suite1Cologne, MN 55322(952) 466-5200Created: 9/23/ 2021 Project Location Beginning of Project End of Project Exhibit A DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E- 128 Highway 117 Project Exhibit B – Allocation of Duties Design Phase Activities City will complete all design phase activities of the Project and procure necessary Design Phase Professional Services. Construction Phase Activities City will complete all construction phase activities of the Project and procure necessary Construction Phase Professional Services. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 129 Highway 117 Project Exhibit C – Project Cost Sharing County and City agree to cost share as follows: Project Costs The County and City agree to cost share Project Costs by the following: 1. All Project Costs, excluding public watermain and public sanitary sewer City utilities, shall be split 75% County and 25% City responsibility. The Project will be designed to accepted State Aid design standards for the project traffic and reasonably conform to the preliminary layout scope as shown in Exhibit D. 2. All Project Costs for public watermain and sanitary sewer City utilities shall be 100% City responsibility. 3. The County and City agree to evenly split (50% County/50% City) all right of way acquisition costs. Right of way acquisition includes all costs related to the acquisition of property except professional services. 4. The County agrees to transfer property or grant easement rights to the City of County owned property needed for the Project at no cost to the City. 5. The Parties agree to enter into a turnback agreement of County Road 117 (Galpin Boulevard) from Trunk Highway 5 to the Hennepin County border concurrently with this agreement. Further, City will cause a right of way plat to be developed that includes the existing right of way of said segment of highway turnback and any additional right of way needed for the Project. The turnback and release of said County Road 117 segment from County to the City will occur as specified in said turnback agreement. 6. The City agrees to pay for all City requested improvements that are included in the Project, that are not reasonably necessary to carry out the scope of the Project as shown in Exhibit D. The Engineers Estimate and any Change Orders will show such City requested improvement costs. Design Phase Professional Services Costs The County and City agree to cost share Design Phase Professional Services Costs by the following: 1. The County and City agree to evenly split (50% County/50% City) all right of way related professional services costs. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 130 2.All remaining professional services costs, except professional services for public watermain and sanitary sewer City utilities will be split 75% County and 25% City responsibility. 3.All professional services costs for public watermain and sanitary sewer City utilities shall be 100% City responsibility. Construction Phase Professional Services Costs The County and City agree to cost share Construction Phase Professional Services Costs by the following: 1.The County and City agree to evenly split (50% County/50% City) all right of way related professional services costs. 2.All remaining professional services costs will be prorated and split based on the construction cost share of the Parties. City/County Costs The County and City agree to cost share City/County Costs by the following: 1.Other than as specified in the following paragraph, the Parties agree to not bill each other for direct and indirect internal staff costs for the Project in order to support the City and County administration of the Project. 2.All City direct and indirect costs of staff directly supporting the Project and other incidental costs will be prorated and split based on the construction cost share of the Parties and will considered the same as professional services. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 131 Exhibit D DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 132 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 14, 2022 RESOLUTION NO: 2022-15 MOTION BY: Campion SECONDED BY: Rehm A RESOLUTION AUTHORIZING APPROVAL OF TURNBACK ACCEPTANCE AGREEMENT WITH THE COUNTY OF CARVER FOR COUNTY HIGHWAY NO. 117 WITHIN THE CORPORATE LIMITS OF THE CITY OF CHANHASSEN WHEREAS, the County Board of the County of Carver intends to adopt a resolution (copy attached), to revoke the designation and turnback of County Highway No. 117 within the corporate limits of the City of Chanhassen, as follows: County Highway No. 117, beginning in Section 15, Township 116 North, Range 23 West at the intersection of Trunk Highway 5 (Arboretum Boulevard) and Galpin Boulevard at a point approximately 700 feet easterly of the northwest corner of said Section 15; thence continuing northerly along Galpin Boulevard through Sections 10 and 3, Township 116 North, Range 23 West, to the Hennepin County border at point approximately 200 feet east of the northwest corner of the Northeast Quarter of said Section 3, and there terminating, is hereby revoked and turned back to said city for use as a city street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen that said revocation and turnback is in all things approved, and BE IT FURTHER RESOLVED that the City Council of the City of Chanhassen enter into Carver County Agreement No. 21-452 with Carver County and that the City Mayor and City Manager are authorized to execute the Agreement and any amendments to the Agreement. PASSED AND ADOPTED BY the Chanhassen City Council this 14th day of February, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT Ryan McDonald Campion Rehm Schubert DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 133 CARVER COUNTY COUNTY HIGHWAY JURISDICTIONAL REVERSION TURNBACK") AGREEMENT County Highway Number: 117 Purpose: County release of County Highway No. 117 to the City of Chanhassen lying northerly of Trunk Highway No. 5 to the Hennepin County border. This Agreement is between the County of Carver, acting through its County Board of Commissioners ("County") and the City of Chanhassen, a political subdivision of the State of Minnesota acting through its City Council ("Political Subdivision"). RECITALS 1. Minnesota Statutes §375 authorizes Minnesota counties to enter into agreements with other governmental authorities; and 2. The Political Subdivision is a Road Authority as defined in Minnesota Statutes §160.02 (subd. 25); and 3. County has determined that a portion of County Highway No. 117 lying northerly of Trunk Highway No. 5 to the Hennepin County border in the City of Chanhassen ("Roadway Segment") is no longer needed for county highway purposes; and 4. County has determined that the Roadway Segment will revert to another road authority in accordance with Minnesota Statutes §162.02 and §163.11 and County has further determined that the Political Subdivision is the proper road authority; and. 5. The parties have entered into this Agreement to provide for the orderly reversion of the Roadway Segment to the jurisdiction of the Political Subdivision. AGREEMENT 1. Effective Date; Survival of Terms This Agreement will be effective on the date last signed below by the parties. This Agreement will remain in effect until County has served a Notice of Release and made payments (if any) as required by this Agreement. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration of the Agreement. 2. Identification of County Highway Segment; Right-of-Way Determination The Roadway Segment covered by this Agreement is described as County Highway No.117, lying northerly of Trunk Highway No. 5 to the Hennepin County border as depicted on the DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 134 Page | 2 attached exhibit. County will determine the final right-of-way limits prior to transfer of title to the Political Subdivision. 3. Notice of Release; Conveyance Documents 3.1. Notice of Release. County will deliver a "Notice of Release" to the Political Subdivision, releasing the Roadway Segment from County’s jurisdiction. Upon receipt of such notice, the Political Subdivision will become the Road Authority with jurisdiction over the Roadway Segment and will assume all responsibility for the operation, maintenance, and reconstruction of the Roadway Segment and of all structures and facilities that are a part of the Roadway Segment, except for the maintenance as specified in Article 5.2. 3.2. Conveyance Documents. Subsequent to issuing the Notice of Release, County will prepare and execute necessary and appropriate documents conveying County’s interest in the Roadway Segment to the Political Subdivision. 4. Delivery of Records Following delivery of the Notice of Release, County will provide the Political Subdivision with available records concerning the Roadway Segment. Such records must be in County’s possession, and will be released only if such release is lawful under the provisions of the Minnesota Government Data Practices Act. Such records may include the following: a) A list of active maintenance agreements, including signal and routine maintenance agreements with other governmental agencies that will be cancelled, and a list of agreements with utility companies that will be cancelled; b) Records concerning utility permits, drainage permits, driveway and other access permits, advertising and sign permits, and other limited-use permits; c) Construction plans and records, as-built construction plans (if available); d) Bridge inspection reports and ratings; e) Aerial photos and other photo and video files, in either hard copy or digital form; f) Right-of-way maps and parcel files; g) Inventory Data; h) Pavement condition ratings; i) Traffic signal files including timing sequence information and repair history; j) Accident reports and statistics; k) Most current traffic counts; l) Alignment ties, horizontal and vertical control monuments and related data; m) Partially or fully completed plans for construction projects; n) Road opening and right-of-way documentation; o) Speed studies; 5. Maintenance 5.1. Prior to Release. Prior to the Political Subdivision’s receipt of the Notice of Release, maintenance of the Roadway Segment will continue to be provided by County, or by the party performing such maintenance under an existing agreement with County. If maintenance is being provided by the Political Subdivision under an agreement with DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 135 Page | 3 County, the Political Subdivision will receive a prorated payment for maintenance performed up to the date of receipt of the Notice of Release. 5.2. Upon Release. Upon receipt of the Notice of Release, the Political Subdivision will become the roadway authority responsible for maintenance of the Roadway Segment, except that County will perform snow and ice removal of the Roadway Segment in accordance with the County’s adopted Snow and Ice Policy beginning at the Notice of Release through May 1, 2023, at no cost to the Political Subdivision. The Political Subdivision will thereafter be responsible for performing and paying for all maintenance and reconstruction of the Roadway Segment, including all structures and facilities that constitute a part of such roadway, except that County will reimburse the Political Subdivision for actual snow and ice removal costs performed to adopted standards of the Political Subdivision for the Roadway Segment incurred between May 1, 2023 and May 1, 2024 if the new pavement, pavement markings, traffic signage and safety features of construction project necessary for safe operation is not substantially complete by November 15, 2023. 6. Responsibility for Claims Notwithstanding anything in Section 8 to the contrary, County will remain responsible, to the extent authorized by Minnesota Statutes §466 and other applicable law, for claims related to construction, maintenance, and operation of the Roadway Segment during the period when it was a county highway, even if such claims are filed after the Political Subdivision receives the Notice of Release. The Political Subdivision will be responsible for claims arising out of its own construction, maintenance, or operation of the Roadway Segment after it received the Notice of Release. 7. Turnback Funds 7.1 No Turnback Funds Applied. After serving the Notice of Release, County and Political Subdivision will perform a construction project to bring the Roadway Segment up to a satisfactory condition and agreed upon improvements. Therefore, no turnback funds will be available to the Political Subdivision for the Roadway Segment, as agreed upon in a joint powers agreement, County Contract No. 21-451. 7.2 Eligibility – Construction and Related Costs. The expenses that are eligible for funding from the County for work related to the Roadway Segment are authorized in a separate joint powers agreement, County Contract No. 21-451. 7.3 Payment Schedule – Construction and Related Costs. Funds from the County will be available for eligible costs, as specified in Article 7.2, in calendar years 2022, 2023 and 2024. County has allocated County Transportation Sales Tax funding to the County’s 5- year capital improvement program for this construction project. The availability of these funds is contingent on County Board of Commissioners approval and appropriation in each County budget year. 7.4 County’s Maximum Obligation. County’s maximum obligation, beyond the eligible costs as specified in Article 7.2, under this Agreement is $10,000.00 for maintenance as DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 136 Page | 4 specified in Article 5.2. This obligation may be increased only by amending this Agreement. 8. Release of Claims; Covenant not to Sue By accepting the payment provided for in this Agreement, the Political Subdivision releases County from any and all claims related to the condition of the Roadway Segment, regardless of whether such claims result from surface or sub-surface conditions, and regardless of whether such conditions were known or unknown at the time of reversion. In consideration of the turnback payment provided by County, the Political Subdivision covenants not to sue County or official with respect to County’s decision to make the reversion or for any claim arising out of the condition of the Roadway Segment. 9. General Provisions 9.1. Venue. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Carver County, Minnesota. 9.2. Termination. This Agreement may be terminated only by mutual written agreement of the parties. 9.3. Suspension. County may suspend its payment obligations under this Agreement in the event of a total or partial government shutdown. The period of suspension will end when County is legally authorized to resume such payments. 9.4. Severability. If any provision of this Agreement is found to be invalid or unenforceable, such provision will not affect the validity or enforceability of any other provision of this Agreement, which will remain in force and effect. 9.5. Merger. This Agreement contains all prior negotiations and agreements between County and the Political Subdivision. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 9.6. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 9.7. Government Data. This Agreement, and any data exchanged by the parties pursuant to this Agreement, will be "government data" and subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. 9.8. State Audits. The books, records, documents, and accounting practices and procedures of the Political Subdivision relevant to this Agreement are subject to examination by County and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years. DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 137 Page | 5 10. Additional Provisions None. THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 138 Page | 6 IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed. City of Chanhassen, Minnesota Mayor Date: Attest: City Manager Date: Approved As To Form: City Attorney Date: County of Carver, Minnesota County Board Chair Date: Attest: County Administrator Date: Approved As To Form: County Attorney Date: DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8 2/15/2022 2/15/2022 2/15/20222/15/2022 4 Dave Hemze (Mar 10, 2022 11:07 CST) 03/10/22 Gayle Degler (Mar 10, 2022 11:09 CST) 03/10/22 139 Redwin g LaneW e st78th S treet Lake D riveWestParkR oad CenturyBoulevardLakeSu s anHills D riveAudubon RoadR ubyL aneFawnHill Roa d MurrayHillRoadLakeLu cyRoad YosemiteAvenueWoodDuck L aneManchesterDriveLongacre sDri v e Pearl DriveSton e CreekD r ive UticaLaneTecumsehL ane Paisley P at hGunflintTrail Te t onLaneHighoverDriveO rchar d L a n e T imberwood DriveW al nutCurveRidgeviewW ay C o u l t e r B o ule vard Lilac Lane Her o n Drive ParkDr iv eBentB o wTrailPon t iac Ci rcleC h aparral L aneHunt erDrive Della Drive PeaveyRoadNorexDr i veA r b o r e t u m B o u lev ardHazeltine BoulevardGalpinBoulevardP o we r s B o u l e v a r d 15 17 117 HennepinCounty CarverCounty 7 41 5 Project Location Map This mapw as created using a compilation of information and data from various City, County, State, and Federal offices. It is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein.1 inch = 2,000 feet Public WorksDivision11360Hwy212, Suite1Cologne, MN 55322(952) 466-5200Created: 9/23/ 2021 Project Location Beginning of Project End of Project Exhibit A DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E- 140 City Council Item March 13, 2023 Item Resolution 2023-XX: Approve Plans and Specifications and Authorize Advertisement for Bids for the 2023 City Pavement Rehabilitation Project No. 23-01 File No.ENG Project No. 23-01 CIP No. ST-012 Item No: E.8 Agenda Section CONSENT AGENDA Prepared By George Bender, Assistant City Engineer Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council adopts a resolution approving the plans and specifications and authorizing publication of an advertisement for bids for the 2023 City Pavement Rehabilitation Project No. 23-01." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Approve the construction documents and authorize an advertisement to bid the project. BACKGROUND As part of the overall Pavement Management Program (PMP), the city annually plans to rehabilitate a section or sections of public streets across the city. The Five-Year Capital Improvement Plan (CIP) identifies the near-term streets for rehabilitation. Key dates and items relative to this project: 141 On September 27, 2022, the Engineering Department released a Request for Proposals (RFP) for design and construction services for the project. On October 24, 2022, the City Council approved a consultant contract with Bolton & Menk, Inc. for design and construction services for the project. On January 23, 2023, The City Council accepted the feasibility study and called for a Public Hearing on February 13, 2023. On February 1, 2023, the Engineering Department hosted an open house meeting relative to all project areas. On February 13, 2023, the City Council conducted a Public Hearing (known as the Improvement Hearing) and authorized the preparation of plans and specifications for the project. DISCUSSION Staff utilized the City's Pavement Management Program and site investigations to determine the project areas and limits as shown in the attached 5-year CIP map. None of these neighborhood areas have had major rehabilitation performed after the original urbanized street construction. Only minor maintenance activities such as pothole patching, crack sealing, and seal coating have been performed. The Ches Mar Drive and Bramble Drive areas are shown on the map as mill and overlay rehabilitations. Since the map was created these areas have been studied and determined to be better suited for rehabilitation via a full-depth reclamation process. As a result of this determination, these two areas have been moved from the 23-04 (mill and overlay) project to the 23-01 (full-depth reclamation) project. The seven project areas currently associated with the 23-01 City Pavement Rehabilitation project are listed below: Curry Farms/Mulberry Circle area Creek Run Trail area Lake Susan Hills West area Saddlebrook area Mission Hills Lane area Ches Mar Drive area Bramble Drive area A geotechnical assessment and pavement evaluation was conducted by American Engineering Testing, Inc. to aid in the analysis of proper roadway pavement rehabilitation designs for the project. Bolton & Menk, the city's engineering design consultant for the project, was provided the city's as- builts, asset management data, and the geotechnical report for the neighborhood areas in the project scope to incorporate with the subsequent design. Based on the existing maintenance and rating history, on-site street observations, geotechnical data, and the feasibility analysis, all of the neighborhood areas are recommended to be rehabilitated by a full-depth reclamation (FDR) technique. Each public city- owned street segment within Chanhassen is rated every third year by a pavement management consultant. These ratings are based on a 0-100 scale known as the Overall Condition Index (OCI). The ratings are stored in the city’s asset management software and utilized by the Public Works Department 142 to help select the proposed areas to be rehabilitated. In addition, the ratings are used by the consultants to assist with providing recommendations regarding the rehabilitation of the streets. Public Engagement Summary and Other Solicited Feedback Engineering distributed a survey to the 429 accessible properties along the streets being rehabilitated by the project. Of those surveys, 84 have been returned to date (up from 67 at the February 13, 2023 Council meeting). The project also hosted an open house on February 1, 2023 at the Chanhassen Library. There were at least 30 people in attendance at the open house and 5 comment cards were received at the meeting. A second open house meeting for the project has been scheduled for May 2, 2023 at the Chanhassen Library from 4:30pm - 6:30pm. The Engineering Department has also followed up with the residents in the Bramble Drive neighborhood since the meeting on February 13, 2023. The discussion topic was to re-engage this neighborhood regarding the potential to reconstruct the neighborhood which would facilitate the installation of public utilities. The sanitary sewer would not be able to be utilized until the system was further built out. The water main would also not be recommended to be connected to the properties in the neighborhood because additional users on the 12-inch water main along TH 101 would be needed to maintain the quality of the water delivered to the residents. Based on the general consensus of the properties we reached, the neighborhood does not support reconstructing the neighborhood at this time. The Engineering Department has also received a few calls and emails from properties within the project and continues to respond to these individual inquiries. The remaining project schedule is as follows: Bidding - March/April 2023 Bid Date - April 7, 2023 2nd Neighborhood Meeting - May 2, 2023 Conduct Assessment Hearing and Award Project - May 2023 Begin Construction - June 2023 End Construction (Substantial Completion) - November 2023 BUDGET This project is included in the five-year CIP for 2023. Funding for the project is proposed to come from the pavement management program (PMP) fund, which includes special assessments to benefiting properties as part of the revenue. The special assessments will be managed per the City’s Assessment Policy. The Utility Enterprise funds will be utilized to cover the rehabilitation needs specific to each utility. The preliminary special assessment amounts distributed to the neighborhood areas identified to be completed by the project are as follows: Curry Farms/Mulberry Circle area: $4,700.00 (this amount does not include the sidewalk addition to Devonshire Dr.) Creek Run Trail area: $4,500.00 (this amount does not include removal of the center island) Lake Susan Hills West area: $4,700.00 Saddlebrook area: $4,700.00 Mission Hills Lane area: $4,600.00 143 Ches Mar Drive area: $8,700.00 Bramble Drive area: $8,400.00 The Engineering Department has continued refining the scope of the work defined in the feasibility study along with factoring in feedback received from meetings with the property owners and other feedback. The scope of the work associated with the stormwater utility fund has been prioritized to meet the budget associated with this work. Engineering continues to recommend bidding the Curry Farms/Mulberry Circle, Lake Susan Hills West, Saddlebrook, Bramble Drive, and Ches Mar Drive areas as part of a base bid package. The Creek Run Trail and the Mission Hills Lane areas are recommended to be bid as separate, alternate work areas. If the work for either or both areas can fit into the project's budget, or if the budget were to be increased, then it can be easily added to the contracted work. The table below shows the project budget in comparison to the current estimate for the areas included in the proposed base bid package: Fund Budget Estimate PMP (Street)$4,630,000 $4,702,000 Surface Water (Storm Sewer)$750,000 $744,000 Sanitary Sewer $250,000 $236,000 Water $700,000 $537,000 Total $6,330,000 $6,219,000 The table below shows the project budget in comparison to the current estimate for the areas included in the proposed base bid package and the Creek Run Trail and Mission Hills Lane areas: Fund Budget Estimate PMP (Street)$4,630,000 $5,217,000 Surface Water (Storm Sewer)$750,000 $837,000 Sanitary Sewer $250,000 $313,000 Water $700,000 $616,000 Total $6,330,000 $6,983,000 RECOMMENDATION Staff recommends city council adopt a resolution approving the plans and specifications and authorizing the advertisement to bid for City Project Number 23-01. ATTACHMENTS Resolution Streets 5-Year CIP Map (2023-2027) Assessment Policy CIP ST-012 (2023) 144 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 13, 2023 RESOLUTION NO:2023-XX MOTION BY: SECONDED BY: A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING PUBLICATION OF THE ADVERTISEMENT FOR BIDS FOR THE 2023 CITY PAVEMENT REHABILITATION PROJECT NO. 23-01 WHEREAS,on February13, 2023, the City Council held a Public Hearing for the 2023 City Pavement Rehabilitation Project No. 23-01; and WHEREAS,pursuant to the Resolution passed by the City Council on February13, 2023; Bolton & Menk in conjunction with the City Engineer have prepared plans and specifications for the 2023 City Pavement Rehabilitation Project and have presented such plans and specifications to the City Council for approval. The project area includes the following streets: the improvement of Creek Run Trail, Ashton Court, Teton Lane south of Ashton Court, Bretton Way, Devonshire Drive, Stratton Court, Welsley Court, Arlington Court, Charing Bend, Mulberry Circle, Mulberry Circle East, Heather Court, Heron Drive west of Flamingo Drive, Swan Court, Bittern Court, Osprey Lane, Bluebill Trail, Spoonbill Circle, Alisa Court, Alisa Lane, Mission Hills Lane, Mission Hills Circle, Mission Hills Court, Butte Court, Saddlebrook Pass, Trotters Circle, Saddlebrook Trail, Cactus Curve, Saddlebrook Curve, Canyon Curve, Ches Mar Drive, Bramble Drive, Raspberry Hill Delphinium Lane, all streets in the Curry Farms/Mulberry, Creek Run Trail, Saddlebrook, Lake Susan Hills West, Mission Hills, Ches Mar, and Bramble neighborhoods. NOW, THEREFORE, BE IT RESOLVED bythe Chanhassen City Council: 1. Such plans and specifications, a copy of which can be reviewed at the office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official city newspaper and on QuestCDN.com, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published at least three times, shall specify the work to be done, shall state that bids will be received onlineuntil 10 a.m. on April 7, 2023, at which time they will be publicly opened and read via conference call by the City Engineer. Bids will be tabulated and the responsibility of the bidders will be considered by the Council at 7:00 PM on Monday, May 8, 2023, for the 2023 City Pavement Rehabilitation Project No. 23-01, in the Council Chambers at the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless appropriately submitted online and accompanied by a bid security payable to the clerk for 5% of the amount of such bid. 145 2 PASSED AND ADOPTED by the Chanhassen City Council this 13th day of March, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 146 ###################################################### ###############################################################################################Lake Virginia Christmas Lake Lotus Lake Brendan Pond Lake Harrison Kerber Pond Lake Susan Rice Marsh Lake Lake Riley Rice Lake Lake St. Joe Lake Minnewashta Lake Ann Lake Lucy ST18 ST15 ST14 ST17 ST61 Minnewashta Regional Park North Lotus Lake Park Meadow Green Park Lake Ann Park Chanhassen Pond Park Chanhassen Nature Preserve Chanhassen Recreation Center Lake Susan Park Rice Marsh Lake Preserve Power Hill Park Fox Woods Preserve Bandimere Community Park Bluff Creek Golf Course Hesse Farm Park Preserve Lake Susan Preserve Raguet Wildlife Management Are MN Valley National Wildlife Re MN Landscape Arboretum Seminary Fen Scientific & Nat* Bluff Creek Preserve Independent School District 11 Independent School District 112 Independent School District 276 Riley Ridge Park Lake Ann Park Preserve SA5 SA7 SA101 SA41 SA5 )212 C C C C C Powers BlvdH w y212AudubonRdLyman Blvd Chanhassen RdA r b o r e t u m Blvd Pioneer Trl A r boretum Blvd GalpinBlvdHwy 212HazeltineBlvdMarketBlvdHwy 7 GreatPlainsB lvdFlying C l o u d D r C o R d 1 0 1 ST101 GH117 S S M M M M M M M M M Date Created: 7/25/2022 Document Path: K:\Departments\Engineering\CIP\2023-2027\CIP_5Year_2023-2027.aprxCreated By: City of Chanhassen - Engineering Department µ0 3,000 Feet 0 0.5 Mile 5-Year CIP Pavement Management Plan (PMP) - Streets (2023-2027) City of Chanhassen Legend 2023 2024 2025 2026 2027 Mill & Overlay Full Depth Reclamation ##Reconstruction S State/MnDOT Project C County Project M Municipal State Aid 147 Page 1 of 2 CITY OF CHANHASSEN ASSESSMENT POLICY Last updated January 2022 The City of Chanhassen’s Assessment Policy is intended to provide general direction to City Staff and their consultants in preparation of assessment rolls to ensure fair and consistent treatment of all properties within the City that are subject to an assessment. This document will also be used to educate and explain to property owners about the Policy. All assessments shall follow the process outlined in Minnesota State Statues, Chapter 429, which gives the City the legal authority to assess property. This Policy may not apply in all circumstances, at which time the City Council may direct staff to determine an alternate assessment methodology. All benefiting properties that currently have access, or may have future access, to the public street being reconstructed or rehabilitated shall be included in the assessment roll. This includes property with a shared driveway or private street access to the public street, except where said private street meets applicable criteria to allow for a reduced or no assessment. Applicable criteria includes whether the private street has standard street width, section, and turn-around. There are various ways to calculate assessments, typically done based on the number of parcels, an area, or linear foot calculation. The City shall use the calculation method that creates a reasonable distribution of assessments across the entire roll. When more than one “neighborhood” is contained within the same project, the assessment shall be calculated per each neighborhood, rather than the total project. Public property, private associations, and non-profits will be included in the calculations. Commercial, Medium, and High Density Residential property shall be assessed based on a reasonable determination of vehicular traffic generated. NEW CONSTRUCTION: 100% assessed to all benefitting properties. New construction is typically paid for by the development itself and therefore not formally assessed. In some instances, the City will undertake proactive installation of public utilities to unserved areas and then assess the benefiting properties for the added service. In other instances properties may petition the City directly for the installation of the public improvement. Assessable Costs Include: • Construction of a new public street, trail and/or sidewalk. • Installation of public water main, storm sewer and/or sanitary sewer system, including appurtenances (structures, valves, hydrants, lift stations, etc.), where it did not previously exist. • Indirect costs (design, legal, and administration fees). Notes: • Oversizing of streets and utilities beyond what is needed for the development itself, are paid for by the City and are typically not assessed. RECONSTRUCTION/REHABILITATION: 40% assessed to all benefitting properties Assessable Costs Include: • Pavement associated with public streets, trails and/or sidewalks. This includes draintile, geotechnical (soil corrections, etc.), and other improvements needed to support the function of the pavement structure. • Curb and gutter, including curb impacted solely by utility improvements. • Driveway pavement directly affected by the project work. • Multi-Modal improvements such as ADA ramps and actuated pedestrian crossings such as Rectangular Rapid- Flashing Beacons (RRFB’s). 148 Page 2 of 2 • Signing and stripping. • Retaining walls required within the Right-of-Way. • Tree removal and/or landscaping improvements directly affected by the project work. • Applicable percentage of indirect costs (design, legal, and admin fees). Notes: • Rehabilitation is typically defined as mill and overlay and/or full depth reclamation activities. • If a residential property benefits from a collector street, the assessment amount shall be based on an equitable formula compared to a typical local roadway, including normalizing to a 31-foot wide street, street section, and other applicable factors. • Pavement projects on streets that provide direct access to Chanhassen property(s) that are being implemented by an adjacent municipality shall not be assessed to the Chanhassen property(s) unless the adjacent municipality is assessing the benefitting property in their jurisdiction as part of the project. • Replacement or repair of existing public water main, storm sewer and/or sanitary sewer shall not be assessed. The City will pay 100% of these improvement costs out of the associated enterprise fund. REGULAR MAINTENANCE: Benefiting properties are not assessed • Activities Include: Pavement patching, pothole filling, crack sealing, chip sealing, sealcoating, and re-stripping. ASSESSMENT PAYMENT OPTIONS • Assessments can be paid in full up front with no charge, or added to annual property taxes with interest. • If elected to be added to annual property taxes, the balance can be paid off at any time during the term if later requested by the property owner. • Interest will be charged to property owners who choose to not pay their assessments in full by November 15th in the year the special assessment is levied. The interest rate will be equal to the average interest cost of the City’s most recent bond issue plus 2%. If the City has not issued bonds in the past year, the City will use the current municipal bond index rate for AAA rated issuers at the time the special assessment is approved. • Unless approved otherwise by the City Council, the maximum financing term for assessments shall be as follows: o $0-$500 1 year o $501-$2,500 5 years o $2,501-$5,000 8 years o $5,001 and above 10 years The City has developed a Frequently Asked Questions (FAQ) document addressing the most common questions concerning assessments. The FAQ document can be found on the City’s website. 149 G:\ENG\Assessments\Assessment FAQ 2022 Update - Clean.docx Page 1 of 2 What are assessments? Assessments are charges to benefiting properties utilized to help finance an improvement project. In Chanhassen and most metro area cities, assessments are used to help finance street reconstruction and rehabilitation projects. These projects are programmed via the Pavement Management Program (PMP). Minnesota State Statutes, Chapter 429, allows the City the authority to assess for projects. Who is assessed for a street improvement project? Owners of property that directly access a public street, or that have a private driveway that has access to a public street, or that have potential future access within the project area are assessed. These properties are determined to be “benefitting properties” and are assessed a cost based on the City’s Assessment Policy. Does the City have an Assessment Policy? Yes. It can be found on the City’s website at this location: https://www.ci.chanhassen.mn.us/432/Assessment-Policy The City started assessing for street improvements in 1993. The Policy was last updated in January 2022. For the construction of a new public streets or public utilities, 100% of the cost is assessed to the benefitting properties. For an improvement project of an existing street, 40% of the cost is assessed to the benefitting properties and the City pays 60% of the street improvement cost. 100% of the public storm sewer, sanitary sewer and water main costs associated with the project are paid by the associated utility enterprise funds and are not included in the cost assessed to the benefitting properties. Why does the City assess for street improvement projects? Why doesn’t the City pay 100% of the project cost? Public streets are part of the City’s Multi-Modal transportation system to provide access to all residents. The City acknowledges the system benefit of a street project by paying 60% of the project cost. Benefitting properties use the roads to get to and from their property on a daily basis, which is why they are assessed 40% of the street project cost. When someone buys a new home in a new subdivision, the cost to construct the new infrastructure was incorporated into the purchase price of the home and property by the Developer and thus was the initial assessment to the property. When is the assessment amount determined? An estimate of the assessment is calculated with the Feasibility Study, which is typically completed six months to a year before a project begins. The final assessment amount is based on the lowest responsible bid amount and is set by City Council at the assessment hearing, CITY OF CHANHASSEN FAQs: ASSESSMENTS 150 G:\ENG\Assessments\Assessment FAQ 2022 Update - Clean.docx Page 2 of 2 which typically occurs in April or May of the construction year. Properties being assessed for the project are notified of the assessment hearing formally by US mail, but the process is also communicated by the City via its website, public open houses, the Chanhassen Connection, social media, and at City Council meetings. What are the payment options for assessments? Please refer to the timeline below for payment options. The City does not accept partial payments of the assessment. Assessment Hearing & final assessment amount is determined and the Assessment Roll is adopted Payments received by this date are not charged interest Payments received by this date are charged the interest that has accrued from the date the Assessment Roll is adopted Annual payments to the assessment are paid with your property taxes. Interest is collected each year based on the outstanding principle owed on the assessment April or May (typically) 90 days after the Assessment Roll is adopted End of the year Term of the assessment* *You can pay off an assessment after it has been certified to your property taxes. The City of Chanhassen Finance Department will calculate the payoff amount, which will include the interest. The Term is based on a tiered amount found in the Policy. Why does the City charge interest on assessments? The City finances the entire project cost until all the assessments have been paid. The interest charged on assessments is the rate the City pays for the bonding (as of the date of the assessment) plus 2%. The interest charged is calculated as simple interest and not a compound interest. Benefitting property owners are encouraged to consult private financial institutions for other ways that can be used to pay off the assessment. This allows the property owner the ability to negotiate the term and interest rates within the competitive market and may have some tax advantages. What does the Franchise Fees Pay for? The Franchise Fees (passed in 2018) help pay for the City’s cost of the project. In lieu of Franchise Fees, the annual property tax levy would have to be adjusted to fund the overall Pavement Management Program (PMP). How can I provide input on the project and the planned improvements? A couple ways: 1. The City and their design consultants typically hold 2 public open houses during the project implementation process. You can attend one or both of these and verbally discuss the project or provide written comments on a comment card at those meetings. 2. Call the City’s Engineering Department at (952) 227-1160 and talk to one of the staff working on the project. 3. E-mail the City’s Engineering Department at Engineering@ci.chanhassen.mn.us and provide your comments or concerns. 151 Streets - 2023 Street Improvements Overview Request Owner Charlie Howley, PW Director/City Engineer Department Annual Pvmnt Mgmt Contracted Type Capital Improvement Project Number ST-012-2023 Description The 5-year Capital Pavement Management Plan (PMP) identies the planned streets for the next ve years. The Plan is updated every fall to revi ew priorities and needs, but generally i ntends to keep the overal l condition index (OCI) average across all streets at 70 or hi gher. The Ci ty uses a Pavement Management System in Cartegraph to moni tor the condition of City streets. While proper preventative maintenance extends the l ife of the street and is cost effective, a street wil l eventually deteriorate to a point that major maintenance is required. Rehabili tation projects exi ted the li fe of the street. In cases when util ities or poor subgrade needs to be repl aced or where streets have deteriorated to a point where rehabil itati on will no longer be practical , reconstructi on of the street i s necessary. A feasibili ty study i s wri tten to consider the merits of the project, scope of work, costs, and assessments. The Ci ty has an Assessment Pol icy that i denti es what and how much of the project is assessed to beneting properti es. Details Type of Project Resurface Current Road 152 Capital Cost Breakdown Capital Cost FY20 23 Total Engineering $450,000 $450,000 Construction/Maintenance $5,880,000 $5,880,000 Total $6,330,0 00 $6,330,0 00 Capital Cost FY2023 Budget $6,330,000 Total Budget (all years) $6.33M Project Total $6.33M Capital Cost by Year Construction/Maintenance Engineering 2023 $6,330,000.00 $0 $2M $4M $6M Capital Cost for Budgeted Years TOTAL $6,330,000.00 Construction/Maintenance (93%)$5,880,000.0 Engineering (7%)$450,000.00 153 Funding Sources Breakdown Funding Sources FY2023 Total Streets - PMP Funds $2,778,000 $2,778,000 Streets - PMP Assessmen ts $1,852,000 $1,852,000 Utility Fund - Water $700,000 $700,000 Utility Fund - Sewer $250,000 $250,000 Utility Fund - SW Mgmt $750,000 $750,000 Total $6,330,000 $6,330,000 Funding Sources FY2023 Budget $6,330,000 Total Budget (all years) $6.33M Project Total $6.33M Funding Sources by Year Streets - PMP Assessments Streets - PMP Funds Utility Fund - Sewer Utility Fund - SW Mgmt Utility Fund - Water 2023 $6,330,000.00 $0 $2M $4M $6M Funding Sources for Budgeted Years TOTAL $6,330,000.00 Streets - PMP Assessments (29%)$1,852,000.0 Streets - PMP Funds (44%)$2,778,000.00 U tility Fund - Sewer (4%)$250,000.00 U tility Fund - SW Mgmt (12%)$750,000.00 U tility Fund - Water (11%)$700,000.00 154 City Council Item March 13, 2023 Item Authorize Execution of Stormwater Maintenance Agreements with FOX HILL PROPERTIES, LLC File No.Planning Case #2022-10 Item No: E.9 Agenda Section CONSENT AGENDA Prepared By Joe Seidl, Water Resources Engineer Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council authorizes execution of three (3) Stormwater Maintenance Agreements with FOX HILL PROPERTIES, LLC , for the purposes of perpetual obligation to maintain the private stormwater best management practices (BMPs) on the property." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY BACKGROUND The approval of the Fox Ridge subdivision created the need to install privately owned and operated stormwater best management practices (BMP) systems. The BMPs are underground detention/infiltration systems. The BMPs were required in order to meet city and Riley Purgatory Bluff Creek Watershed District requirements. Properly designed, installed, and maintained private stormwater systems have the capacity to allow for stormwater detention and/or infiltration. When not properly designed, installed, and/or maintained, these systems could fail to facilitate the required detention and/or infiltration of stormwater as designed. It is important to ensure that an operations and maintenance agreement is in place with the subject property owner. 155 DISCUSSION The attached Stormwater Maintenance Agreements were developed by city staff, the city attorney, and FOX HILL PROPERTIES, LLC, as part of the conditions of the subdivision approval. FOX HILL PROPERTIES, LLC has reviewed and approved these agreements. BUDGET N/A RECOMMENDATION Staff recommends approving the three (3) Stormwater Maintenance Agreements with FOX HILL PROPERTIES, LLC, for the purposes of perpetual obligation to maintain the private stormwater best management practice (BMP) systems on the property. ATTACHMENTS STORMWATER MAINTENANCE AGREEMENT LOT 1 BLOCK 1 STORMWATER MAINTENANCE AGREEMENT LOT 2 BLOCK 1 STORMWATER MAINTENANCE AGREEMENT LOT 3 BLOCK 1 156 225259v2 Lot 1, Block 1, Fox Ridge Estates STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES THIS AGREEMENT is made and entered into as of the ___ day of ____________, 2023, by and between FOX HILL PROPERTIES, LLC, a Minnesota limited liability company, hereinafter referred to as the “Owner” and the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the “City”. RECITALS A. The Owner is the owner of certain real property located in Carver County, Minnesota, legally described as follows: Lot 1, Block 1, Fox Ridge Estates (“Property”); and B. The Owner is proposing construction and implementation of an underground Filtration/Infiltration stormwater (Best Management Practice) BMP system within the Property; and C. The submitted permit application, hereinafter called the "Plans", which are expressly made a part hereof, as approved by the City, provides for filtration/infiltration of stormwater within the confines of the Property via an underground Infiltration system; and D. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Chanhassen, Minnesota, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and E. The City requires that an on-site underground Filtration/Infiltration system (“Stormwater Facilities”) as shown on the Plans be constructed and adequately maintained by the Owner as a condition of plat approval; and F. The Owner is required to enter into this Agreement as a condition of plat approval for Fox Ridge Estates and grants to the City a license to enter the Property to inspect and, if necessary, complete work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plan. 157 225259v2 Lot 1, Block 1, Fox Ridge Estates 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the City engineering standards for stormwater treatment facilities attached hereto as Exhibit A. This includes all pavement, pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these Stormwater Facilities are performing their design functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved Plans, the schedule will be followed and comply with all applicable federal, state, and local regulations relating to the disposal of material, such as sediment. 3. Inspection and Reporting. The Owner shall inspect the Stormwater Facilities and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities. Deficiencies shall be noted in the inspection report set forth in Exhibit A. 4. City Access and Maintenance Rights. A. The Owner hereby grants a license to the City, its authorized agents and employees, to enter upon the Property to inspect the Stormwater Facilities whenever the City deems necessary as shown on Exhibit B, and to complete any maintenance, if necessary subject and pursuant to the terms of subparagraph B, below. The City shall provide written notice to the Owner fourteen (14) days prior to entry. The City shall provide the Owner, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City’s costs to the Owner’s property taxes, to the Owner. This provision shall not be construed to allow the City to erect any structure of permanent nature outside of the area of the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Owner shall defend and hold the City harmless from any such third-party claim, except to the extent of the City’s or its agents’, contractors’ or employees’ negligence or willful misconduct. 5. Reimbursement of Costs. The Owner shall reimburse the City for all costs reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 158 225259v2 Lot 1, Block 1, Fox Ridge Estates 6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner shall indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents’ or employees’ negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of the City’s or its agents’, contractors’ or employees’ negligence or willful misconduct. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives from any cost, damage or harm, except to the extent resulting from the City’s or its agents’, or employees’ negligent acts in the performance of the Owner’s required work under this Agreement. Failure to perform any of the Owner’s required work shall not be considered negligence by the City, its employees, agents or representatives. 7. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: Fox Hill Properties, LLC Attention: Andrew I. Awes 14530 Martin Drive, Suite 120 Eden Prairie, Minnesota 55344 To the City: City of Chanhassen Attention: Water Resources Engineer 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 8. Successors/Covenants Run With the Property. The terms and conditions of this Agreement shall run with the Property. All duties and obligations of Owner under this Agreement shall be duties and obligations of Owner’s successors and assigns, jointly and severally. 9. Covenants Run with Property. The terms and conditions of this Agreement shall run with the Property and shall be binding upon future owners of the Property. [Remainder of page intentionally left blank. Signature page follows.] 159 225259v2 Lot 1, Block 1, Fox Ridge Estates OWNER: FOX HILL PROPERTIES, LLC a Minnesota limited liability company By: ________________________________________ Andrew I. Awes, Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2023, by Andrew I. Awes, the Chief Manager of Fox Hill Properties, LLC, a Minnesota limited liability company, on behalf of said entity. Notary Public 160 225259v2 Lot 1, Block 1, Fox Ridge Estates CITY: CITY OF CHANHASSEN By: ____________________________________ Elise Ryan, Mayor By: ____________________________________ Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2023, by Elise Ryan and 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: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 161 225259v2 Lot 1, Block 1, Fox Ridge Estates EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Operations and Maintenance of Stormwater Facility The Owner, shall be vested with and shall be responsible for conducting an annual inspection of the stormwater facility as depicted and attached hereto, utilizing the stormwater facility maintenance inspection checklist, attached hereto, and shall make any repairs to the stormwater facility necessary for its intended design and function, as determined by the City’s Water Resources Engineer for the remaining life of the Stormwater Facility. 162 Stormwater Facility Maintenance Inspection Checklist Exhibit A 225259v2 Lot 1, Block 1, Fox Ridge Estates Inspector: _________________________ BMP ID: Lot 1, Block 1, Fox Ridge Estates Date: ________________________ Underground Infiltration BMP Inspection and Maintenance Activities BMP Type: Underground Infiltration Basin VISUAL INSPECTION ACTIVITY RECOMMENDED INSPECTION FREQUENCY PASS FAIL CORRECTIVE ACTIONS INSPECTION RESULT (PASS OR FAIL?) DESCRIBE CONDITION OR ISSUE CORRECTIVE ACTIONS TAKEN OR SCHEDULED Inspect for trash and debris at inlet, outlet, outlet structure, underground basin, and contributing drainage areas Twice per year and following large storm events No trash or debris present Trash or debris present Remove trash and debris from underground basin, inlet, outlet, outlet structure, and contributing drainage areas Inspect for erosion at the inlet, and outlet and contributing drainage area Twice per year and following large storm events Slopes around BMP, at the inlet, and outlet are stable Slopes around basin, inlet, and outlet show significant signs of erosion Repair erosion Take measures to prevent erosion in the future Inspect for sedimentation at the inlet, or outlet Once per year and following large storm events Rate of accumulation less than expected Rate of accumulation greater than expected or sediment is impairing intended practice function Remove sediment from inlet/outlet/basin Inspect sump catch basin Once in Spring, summer, fall Sediment and debris have not filled 4’ sump Sediment and debris have filled 4’ sump. Remove sediment debris from sump manhole. Inspect for sedimentation of the underground basin Once per year and following large storm events Storage volume greater than 50” of the original design volume. Sediment accumulation has decreased the storage volume by 50 percent of the original design volume. Remove sediment from underground basin using vacuum truck. Inspect inlet and outlet structural components including inlet, outlet and overflow structures, and clean-outs As part of all inspection visits Structural components in good working order Structural components failing or starting to fail (weir wall seal failing, etc.) Replace failing structural components with equal installed per manufacturer’s specifications Inspect underground basin for standing water 72 hours following storm events -Twice during first growing season after construction -Once per year for subsequent years Infiltration feature draws down within 72 hours following storm event Infiltration feature does not draw down within 72 hours following storm event As needed: dewater and analyze drawdown issue. Investigate Inlet source. Is there excess water coming into basin. If drawdown still still not occurring in 72 hours, remedy situation. Reconstruct current basin, expand basin to accomplish drawdown. Construct new facility. Check for blockages to flow As part of all inspection visits and at least annually No significant blockage to flow is observed A blockage that is currently or has the potential to impede proper flow and BMP function is present Remove blockage to restore proper BMP function Check maintenance access As part of all inspection visits Access to the BMP is not obstructed Access is obstructed (trees, new structures) Remove obstruction Send copy of inspection form to the city of Chanhassen Engineering Department every year for review. Attention: Water Resources engdept@chanhassenmn.gov or mail to 7700 Market Blvd Chanhassen, MN 55317 163 225259v2 Lot 1, Block 1, Fox Ridge Estates EXHIBIT B STORMWATER BMP EXHIBIT 164 225259v2 165 225279v2 Lot 2, Block 1, Fox Ridge Estates STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES THIS AGREEMENT is made and entered into as of the ___ day of ____________, 2023, by and between FOX HILL PROPERTIES, LLC, a Minnesota limited liability company, hereinafter referred to as the “Owner” and the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the “City”. RECITALS A. The Owner is the owner of certain real property located in Carver County, Minnesota, legally described as follows: Lot 2, Block 1, Fox Ridge Estates (“Property”); and B. The Owner is proposing construction and implementation of an underground Filtration/Infiltration stormwater (Best Management Practice) BMP system within the Property; and C. The submitted permit application, hereinafter called the "Plans", which are expressly made a part hereof, as approved by the City, provides for filtration/infiltration of stormwater within the confines of the Property via an underground Infiltration system; and D. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Chanhassen, Minnesota, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and E. The City requires that an on-site underground Filtration/Infiltration system (“Stormwater Facilities”) as shown on the Plans be constructed and adequately maintained by the Owner as a condition of plat approval; and F. The Owner is required to enter into this Agreement as a condition of plat approval for Fox Ridge Estates and grants to the City a license to enter the Property to inspect and, if necessary, complete work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plan. 166 225279v2 Lot 2, Block 1, Fox Ridge Estates 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the City engineering standards for stormwater treatment facilities attached hereto as Exhibit A. This includes all pavement, pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these Stormwater Facilities are performing their design functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved Plans, the schedule will be followed and comply with all applicable federal, state, and local regulations relating to the disposal of material, such as sediment. 3. Inspection and Reporting. The Owner shall inspect the Stormwater Facilities and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities. Deficiencies shall be noted in the inspection report set forth in Exhibit A. 4. City Access and Maintenance Rights. A. The Owner hereby grants a license to the City, its authorized agents and employees, to enter upon the Property to inspect the Stormwater Facilities whenever the City deems necessary as shown on Exhibit B, and to complete any maintenance, if necessary subject and pursuant to the terms of subparagraph B, below. The City shall provide written notice to the Owner fourteen (14) days prior to entry. The City shall provide the Owner, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City’s costs to the Owner’s property taxes, to the Owner. This provision shall not be construed to allow the City to erect any structure of permanent nature outside of the area of the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Owner shall defend and hold the City harmless from any such third-party claim, except to the extent of the City’s or its agents’, contractors’ or employees’ negligence or willful misconduct. 5. Reimbursement of Costs. The Owner shall reimburse the City for all costs reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 167 225279v2 Lot 2, Block 1, Fox Ridge Estates 6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner shall indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents’ or employees’ negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of the City’s or its agents’, contractors’ or employees’ negligence or willful misconduct. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives from any cost, damage or harm, except to the extent resulting from the City’s or its agents’, or employees’ negligent acts in the performance of the Owner’s required work under this Agreement. Failure to perform any of the Owner’s required work shall not be considered negligence by the City, its employees, agents or representatives. 7. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: Fox Hill Properties, LLC Attention: Andrew I. Awes 14530 Martin Drive, Suite 120 Eden Prairie, Minnesota 55344 To the City: City of Chanhassen Attention: Water Resources Engineer 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 8. Successors/Covenants Run With the Property. The terms and conditions of this Agreement shall run with the Property. All duties and obligations of Owner under this Agreement shall be duties and obligations of Owner’s successors and assigns, jointly and severally. 9. Covenants Run with Property. The terms and conditions of this Agreement shall run with the Property and shall be binding upon future owners of the Property. [Remainder of page intentionally left blank. Signature page follows.] 168 225279v2 Lot 2, Block 1, Fox Ridge Estates OWNER: FOX HILL PROPERTIES, LLC a Minnesota limited liability company By: ________________________________________ Andrew I. Awes, Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2023, by Andrew I. Awes, the Chief Manager of Fox Hill Properties, LLC, a Minnesota limited liability company, on behalf of said entity. Notary Public 169 225279v2 Lot 2, Block 1, Fox Ridge Estates CITY: CITY OF CHANHASSEN By: ____________________________________ Elise Ryan, Mayor By: ____________________________________ Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2023, by Elise Ryan and 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: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 170 225279v2 Lot 2, Block 1, Fox Ridge Estates EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Operations and Maintenance of Stormwater Facility The Owner, shall be vested with and shall be responsible for conducting an annual inspection of the stormwater facility as depicted and attached hereto, utilizing the stormwater facility maintenance inspection checklist, attached hereto, and shall make any repairs to the stormwater facility necessary for its intended design and function, as determined by the City’s Water Resources Engineer for the remaining life of the Stormwater Facility. 171 Stormwater Facility Maintenance Inspection Checklist Exhibit A 225279v2 Lot 2, Block 1, Fox Ridge Estates Inspector: _________________________ BMP ID: Lot 2, Block 1, Fox Ridge Estates Date: ________________________ Underground Infiltration BMP Inspection and Maintenance Activities BMP Type: Underground Infiltration Basin VISUAL INSPECTION ACTIVITY RECOMMENDED INSPECTION FREQUENCY PASS FAIL CORRECTIVE ACTIONS INSPECTION RESULT (PASS OR FAIL?) DESCRIBE CONDITION OR ISSUE CORRECTIVE ACTIONS TAKEN OR SCHEDULED Inspect for trash and debris at inlet, outlet, outlet structure, underground basin, and contributing drainage areas Twice per year and following large storm events No trash or debris present Trash or debris present Remove trash and debris from underground basin, inlet, outlet, outlet structure, and contributing drainage areas Inspect for erosion at the inlet, and outlet and contributing drainage area Twice per year and following large storm events Slopes around BMP, at the inlet, and outlet are stable Slopes around basin, inlet, and outlet show significant signs of erosion Repair erosion Take measures to prevent erosion in the future Inspect for sedimentation at the inlet, or outlet Once per year and following large storm events Rate of accumulation less than expected Rate of accumulation greater than expected or sediment is impairing intended practice function Remove sediment from inlet/outlet/basin Inspect sump catch basin Once in Spring, summer, fall Sediment and debris have not filled 4’ sump Sediment and debris have filled 4’ sump. Remove sediment debris from sump manhole. Inspect for sedimentation of the underground basin Once per year and following large storm events Storage volume greater than 50” of the original design volume. Sediment accumulation has decreased the storage volume by 50 percent of the original design volume. Remove sediment from underground basin using vacuum truck. Inspect inlet and outlet structural components including inlet, outlet and overflow structures, and clean-outs As part of all inspection visits Structural components in good working order Structural components failing or starting to fail (weir wall seal failing, etc.) Replace failing structural components with equal installed per manufacturer’s specifications Inspect underground basin for standing water 72 hours following storm events -Twice during first growing season after construction -Once per year for subsequent years Infiltration feature draws down within 72 hours following storm event Infiltration feature does not draw down within 72 hours following storm event As needed: dewater and analyze drawdown issue. Investigate Inlet source. Is there excess water coming into basin. If drawdown still still not occurring in 72 hours, remedy situation. Reconstruct current basin, expand basin to accomplish drawdown. Construct new facility. Check for blockages to flow As part of all inspection visits and at least annually No significant blockage to flow is observed A blockage that is currently or has the potential to impede proper flow and BMP function is present Remove blockage to restore proper BMP function Check maintenance access As part of all inspection visits Access to the BMP is not obstructed Access is obstructed (trees, new structures) Remove obstruction Send copy of inspection form to the city of Chanhassen Engineering Department every year for review. Attention: Water Resources engdept@chanhassenmn.gov or mail to 7700 Market Blvd Chanhassen, MN 55317 172 225279v2 Lot 2, Block 1, Fox Ridge Estates EXHIBIT B STORMWATER BMP EXHIBIT 173 225279v2 174 225280v2 Lot 3, Block 1, Fox Ridge Estates STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES THIS AGREEMENT is made and entered into as of the ___ day of ____________, 2023, by and between FOX HILL PROPERTIES, LLC, a Minnesota limited liability company, hereinafter referred to as the “Owner” and the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter referred to as the “City”. RECITALS A. The Owner is the owner of certain real property located in Carver County, Minnesota, legally described as follows: Lot 3, Block 1, Fox Ridge Estates (“Property”); and B. The Owner is proposing construction and implementation of an underground Filtration/Infiltration stormwater (Best Management Practice) BMP system within the Property; and C. The submitted permit application, hereinafter called the "Plans", which are expressly made a part hereof, as approved by the City, provides for filtration/infiltration of stormwater within the confines of the Property via an underground Infiltration system; and D. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Chanhassen, Minnesota, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and E. The City requires that an on-site underground Filtration/Infiltration system (“Stormwater Facilities”) as shown on the Plans be constructed and adequately maintained by the Owner as a condition of plat approval; and F. The Owner is required to enter into this Agreement as a condition of plat approval for Fox Ridge Estates and grants to the City a license to enter the Property to inspect and, if necessary, complete work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plan. 175 225280v2 Lot 3, Block 1, Fox Ridge Estates 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the City engineering standards for stormwater treatment facilities attached hereto as Exhibit A. This includes all pavement, pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these Stormwater Facilities are performing their design functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved Plans, the schedule will be followed and comply with all applicable federal, state, and local regulations relating to the disposal of material, such as sediment. 3. Inspection and Reporting. The Owner shall inspect the Stormwater Facilities and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities. Deficiencies shall be noted in the inspection report set forth in Exhibit A. 4. City Access and Maintenance Rights. A. The Owner hereby grants a license to the City, its authorized agents and employees, to enter upon the Property to inspect the Stormwater Facilities whenever the City deems necessary as shown on Exhibit B, and to complete any maintenance, if necessary subject and pursuant to the terms of subparagraph B, below. The City shall provide written notice to the Owner fourteen (14) days prior to entry. The City shall provide the Owner, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City’s costs to the Owner’s property taxes, to the Owner. This provision shall not be construed to allow the City to erect any structure of permanent nature outside of the area of the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Owner shall defend and hold the City harmless from any such third-party claim, except to the extent of the City’s or its agents’, contractors’ or employees’ negligence or willful misconduct. 5. Reimbursement of Costs. The Owner shall reimburse the City for all costs reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 176 225280v2 Lot 3, Block 1, Fox Ridge Estates 6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner shall indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents’ or employees’ negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions, except to the extent of the City’s or its agents’, contractors’ or employees’ negligence or willful misconduct. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives from any cost, damage or harm, except to the extent resulting from the City’s or its agents’, or employees’ negligent acts in the performance of the Owner’s required work under this Agreement. Failure to perform any of the Owner’s required work shall not be considered negligence by the City, its employees, agents or representatives. 7. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: Fox Hill Properties, LLC Attention: Andrew I. Awes 14530 Martin Drive, Suite 120 Eden Prairie, Minnesota 55344 To the City: City of Chanhassen Attention: Water Resources Engineer 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 8. Successors/Covenants Run With the Property. The terms and conditions of this Agreement shall run with the Property. All duties and obligations of Owner under this Agreement shall be duties and obligations of Owner’s successors and assigns, jointly and severally. 9. Covenants Run with Property. The terms and conditions of this Agreement shall run with the Property and shall be binding upon future owners of the Property. [Remainder of page intentionally left blank. Signature page follows.] 177 225280v2 Lot 3, Block 1, Fox Ridge Estates OWNER: FOX HILL PROPERTIES, LLC a Minnesota limited liability company By: ________________________________________ Andrew I. Awes, Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2023, by Andrew I. Awes, the Chief Manager of Fox Hill Properties, LLC, a Minnesota limited liability company, on behalf of said entity. Notary Public 178 225280v2 Lot 3, Block 1, Fox Ridge Estates CITY: CITY OF CHANHASSEN By: ____________________________________ Elise Ryan, Mayor By: ____________________________________ Laurie Hokkanen, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2023, by Elise Ryan and 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: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 179 225280v2 Lot 3, Block 1, Fox Ridge Estates EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Operations and Maintenance of Stormwater Facility The Owner, shall be vested with and shall be responsible for conducting an annual inspection of the stormwater facility as depicted and attached hereto, utilizing the stormwater facility maintenance inspection checklist, attached hereto, and shall make any repairs to the stormwater facility necessary for its intended design and function, as determined by the City’s Water Resources Engineer for the remaining life of the Stormwater Facility. 180 Stormwater Facility Maintenance Inspection Checklist Exhibit A 225280v2 Lot 3, Block 1, Fox Ridge Estates Inspector: _________________________ BMP ID: Lot 3, Block 1, Fox Ridge Estates Date: ________________________ Underground Infiltration BMP Inspection and Maintenance Activities BMP Type: Underground Infiltration Basin VISUAL INSPECTION ACTIVITY RECOMMENDED INSPECTION FREQUENCY PASS FAIL CORRECTIVE ACTIONS INSPECTION RESULT (PASS OR FAIL?) DESCRIBE CONDITION OR ISSUE CORRECTIVE ACTIONS TAKEN OR SCHEDULED Inspect for trash and debris at inlet, outlet, outlet structure, underground basin, and contributing drainage areas Twice per year and following large storm events No trash or debris present Trash or debris present Remove trash and debris from underground basin, inlet, outlet, outlet structure, and contributing drainage areas Inspect for erosion at the inlet, and outlet and contributing drainage area Twice per year and following large storm events Slopes around BMP, at the inlet, and outlet are stable Slopes around basin, inlet, and outlet show significant signs of erosion Repair erosion Take measures to prevent erosion in the future Inspect for sedimentation at the inlet, or outlet Once per year and following large storm events Rate of accumulation less than expected Rate of accumulation greater than expected or sediment is impairing intended practice function Remove sediment from inlet/outlet/basin Inspect sump catch basin Once in Spring, summer, fall Sediment and debris have not filled 4’ sump Sediment and debris have filled 4’ sump. Remove sediment debris from sump manhole. Inspect for sedimentation of the underground basin Once per year and following large storm events Storage volume greater than 50” of the original design volume. Sediment accumulation has decreased the storage volume by 50 percent of the original design volume. Remove sediment from underground basin using vacuum truck. Inspect inlet and outlet structural components including inlet, outlet and overflow structures, and clean-outs As part of all inspection visits Structural components in good working order Structural components failing or starting to fail (weir wall seal failing, etc.) Replace failing structural components with equal installed per manufacturer’s specifications Inspect underground basin for standing water 72 hours following storm events -Twice during first growing season after construction -Once per year for subsequent years Infiltration feature draws down within 72 hours following storm event Infiltration feature does not draw down within 72 hours following storm event As needed: dewater and analyze drawdown issue. Investigate Inlet source. Is there excess water coming into basin. If drawdown still still not occurring in 72 hours, remedy situation. Reconstruct current basin, expand basin to accomplish drawdown. Construct new facility. Check for blockages to flow As part of all inspection visits and at least annually No significant blockage to flow is observed A blockage that is currently or has the potential to impede proper flow and BMP function is present Remove blockage to restore proper BMP function Check maintenance access As part of all inspection visits Access to the BMP is not obstructed Access is obstructed (trees, new structures) Remove obstruction Send copy of inspection form to the city of Chanhassen Engineering Department every year for review. Attention: Water Resources engdept@chanhassenmn.gov or mail to 7700 Market Blvd Chanhassen, MN 55317 181 225280v2 Lot 3, Block 1, Fox Ridge Estates EXHIBIT B STORMWATER BMP EXHIBIT 182 225280v2 183 City Council Item March 13, 2023 Item Ordinance XXX: Amending City Code Chapter 2, Administration, adding Code Enforcement Specialists to Enforcement of City Code, Chapter 10, Licenses, Permits and Miscellaneous Business Regulations removing the 30-day period for temporary liquor licenses, and Chapter 14, Parks and Recreation Concerning Animals in City Parks File No.Item No: E.10 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts an ordinance amending City Code Chapter 2, Administration, Chapter 10, Licenses, Permits and Miscellaneous Business Regulations, and Chapter 14, Parks and Recreation." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND City Code Section 2-20 Enforcement of City Code. With the addition of the Code Enforcement Specialist position, Law Enforcement requested that Section 2-20 of the City Code be amended to include code enforcement specialists in the list of personnel authorized to institute in the name of the city any appropriate actions, civil or criminal, including the issuance of a citation in lieu of arrest against a person, firm or corporation who violates any provision 184 of this City Code or the Minnesota Statutes. The proposed amendment reads as follows: The city manager or city manager's designee, peace officers, part-time peace officers, reserve officers, code enforcement specialists, community service officers, community development director, building official, public works director, fire inspector officers within their job descriptions or as otherwise authorized by ordinance, are expressly authorized to institute in the name of the city any appropriate actions, civil or criminal, including the issuance of a citation in lieu of arrest against a person, firm or corporation who violates any provision of this City Code or the Minnesota Statutes. Pursuit of one remedy shall not bar or act as a limitation on any other remedy the city may have at law. City Code Section 10-19(h)(3)(c) Temporary On-Sale Intoxicating Liquor Licenses. In 2022, the legislature passed a new law that makes changes to liquor licenses and rules. Prior to this change, municipalities were restricted from issuing more than one temporary license for any one organization or political committee, or for any one location within a 30-day period. The 30-day restriction has now been removed and city code needs to be amended to align with this change as follows: c. Not more than one temporary license may be issued to any one organization or registered political committee, or for any one location, within any 30-day period. City Code Section 10-29(l) Small Brewer Off-Sale License. As part of 2022 liquor law changes referenced above, references to state statutes were added for Small Brewer Off-Sale Licenses. City code needs to be amended to add those references as shown below: (l) Small Brewer Off-Sale License. May be issued to a brew pub or brewery licensed under Minn. Stat. Section 340A.301, subdivision 6, clause (c), (d), (i), or (j) for the off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer as provided in Minn. Stat. 340A.24, 340A.28, and 340A.285 and 340A.29. (1) Small Brewer Off-Sale License holders are allowed Sunday off-sale as provided in Minn. Stat. 340A.24, and 340A.28, and 340A.285, and 340A.29. No Sunday off-sales are allowed before 10:00 a.m. or after 10:00 p.m. City Code Section 14-65(a) Animals. A resident brought to our attention that the language in this section of the city code was unclear. The proposed amendment changes the word "excluding" to "including" as shown below. (a) Except as provided in subsection (b) below, no person shall be permitted to take any animal, excluding including but not limited to dogs and cats, into a park. This prohibition shall not apply to properly harnessed or leashed service animals, from a recognized service training program, assisting totally or partially blind or deaf persons or persons with a physical or sensory disability, or to a dog used by law enforcement officers, or persons training a dog or other animal to be a service animal or in rescue action. DISCUSSION 185 BUDGET N/A RECOMMENDATION Staff recommends city council adopt the subject ordinance as outlined in the above staff report. ATTACHMENTS Draft Ordinance 186 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, CHAPTER 10 LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, AND CHAPTER 14, PARKS AND RECREATION OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1.Section 2-20 of the Chanhassen City Code is amended as follows: Sec. 2-20. Enforcement of City Code. The city manager or city manager's designee, peace officers, part-time peace officers, reserve officers, code enforcement specialists,community service officers, community development director, building official, public works director, fire inspector officers within their job descriptions or as otherwise authorized by ordinance, are expressly authorized to institute in the name of the city any appropriate actions, civil or criminal, including the issuance of a citation in lieu of arrest against a person, firm or corporation who violates any provision of this City Code or the Minnesota Statutes. Pursuit of one remedy shall not bar or act as a limitation on any other remedy the city may have at law. Section 2.Section 10-19(h)(3)(c) of the Chanhassen City Code is amended to read as follows: (h)Temporary on-sale intoxicating liquor licenses. (1) The city council may issue to a club or charitable religious or nonprofit organization in existence for at least three years or to a political committee registered under M.S. § 10A.14 a temporary license for the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee. The license may authorize the on- sale of intoxicating liquor for not more than four consecutive days, and may authorize on- sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale liquor license issued by the city. The licenses are subject to the terms, including license fee, imposed by the city. The licenses issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor except M.S. § 340A.409 and § 340A.504, subd. 3, paragraph (d), and the laws and ordinances which by their nature are not applicable. (2) The city council may issue to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year or a microdistillery a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by 187 2 the brewer or microdistillery. The terms and conditions specified for temporary licenses under paragraph (1) shall apply to a license issued under this paragraph, except that the requirements of section M.S. § 340A.409 subd. 1 to 3a, shall apply to the license. (3) Limitations on temporary on-sale intoxication liquor licenses: a. Temporary licenses must first be approved by the Commissioner of Public Safety before they become valid. b. No more than three four-day, four three-day, or six two-day temporary licenses, in any combination not to exceed 12 days per year, may be issued for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12-month period. c. Not more than one temporary license may be issued to any one organization or registered political committee, or for any one location, within any 30-day period. Section 3.Section 10-19(l) to of the Chanhassen City Code is amended to read as follows: (l)Small Brewer Off-Sale License. May be issued to a brew pub or brewery licensed under Minn. Stat. Section 340A.301, subdivision 6, clause (c), (d), (i), or (j) for the off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer as provided in Minn. Stat. 340A.24, 340A.28, and 340A.285, and 340A.29. (1) Small Brewer Off-Sale License holders are allowed Sunday off-sale as provided in Minn. Stat. 340A.24 and 340A.28, and 340A.285, and 340A.29. No Sunday off-sales are allowed before 10:00 a.m. or after 10:00 p.m. Section 4. Section 14-65(a) of the Chanhassen City Code is amended to read as follows: Sec. 14-65 Animals. (a) Except as provided in subsection (b) below, no person shall be permitted to take any animal, excluding including but not limited to dogs and cats, into a park. This prohibition shall not apply to properly harnessed or leashed service animals, from a recognized service training program, assisting totally or partially blind or deaf persons or persons with a physical or sensory disability, or to a dog used by law enforcement officers, or persons training a dog or other animal to be a service animal or in rescue action. (b) Walking leashed dogs is allowed on city trails and streets, except in public beach areas. The person having control of the dog shall immediately remove any feces left by the dog. The person in control of the dog must have in their possession equipment for picking up and removing the feces. Section 5. This ordinance shall be effective immediately upon its passage and publication. 188 3 PASSED AND ADOPTED this 13 th day of March, 2023 by the City Council of the City of Chanhassen, Minnesota Kim Meuwissen, City Clerk Elise Ryan, Mayor (Ordinance XXX published in the Chanhassen Villager on ) 189 City Council Item March 13, 2023 Item City Commission Appointments File No.Item No: H.1 Agenda Section GENERAL BUSINESS Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen 190 SUGGESTED ACTION "The Chanhassen City Council appoints the following commissioners for three-year terms ending March 31, 2026: Planning Commission (2 positions) Park & Recreation Commission (3 positions) Economic Development Commission (1 position) Environmental Commission (3 positions) Leslie Elhadi Commission on Aging (2 positions) AND The Chanhassen City Council appoints the following commissioners for one-year terms ending March 31, 2024: Commission on Aging (1 or 2 positions) Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY 191 BACKGROUND DISCUSSION BUDGET RECOMMENDATION Staff recommends the City Council make appointments to City Commissions. ATTACHMENTS 192 City Council Item March 13, 2023 Item Lake Ann Park Preserve Project Update File No. Item No: H.2 Agenda Section GENERAL BUSINESS Prepared By Jerry Ruegemer, Park and Recreation Director Reviewed By Jerry Ruegemer SUGGESTED ACTION Presentation Motion Type N/A Strategic Priority Asset Management SUMMARY A Professional Consulting Services Contract was developed by HKGI that identified greater project detail that will guide the city through the initial project stages and will set the preferred direction and phasing for the Lake Ann Park Preserve Project, get the project through permitting, and set up the next step of 60% Construction Drawings for the first phase of improvements. The City Council has reserved $1.3M in ARPA dollars to begin phase 1 of the Lake Ann Park Preserve project that will be used to fund this work. Additional funding will be required to complete the next phases of construction in the future. HKGI and staff will provide a project update related to Phase 1 construction and beyond. 193 BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Lake Ann Park Preserve Presentation 194 Lake Ann Park Preserve Implementation Project City Council Update - 3/13/2023 195 Agenda • Park Preserve History • Current Plan • Implementation Project »Project Team »Project Tasks/Schedule • Questions/Discussion 196 Park Preserve History Late 1950s/1960s - Development of Greenwood Shores Neighborhood results in the dedication of Greenwood Shores City Park with a public beach on Lake Ann and frontage on Lake Lucy. 1969 - The City of Chanhassen acquires the parkland for Lake Ann Park through a $250,000 referendum. The shore area is preserved for natural/water based recreation. 1970s (and possibly earlier) - The City of Chanhassen Comprehensive Plans show a planned trail around Lake Ann. 1980s - The City acquires the eastern lakefront when the Temple of ECK property was purchased and developed. 2016/17 - The City completes Park and Recreation System Plan. Preserving parkland at this location and continuing Lake Ann trail loop identifi ed as high priorities. Trails IDed as most used park feature. Summer 2016 - Galpin Boulevard property identifi ed as for sale. Winter 2017/18 - City of Chanhassen develops general plan for park and trail loop in northwest quadrant of Lake Ann. 197 Ê Ê Ê ÊÊ Ê Ê Ê Ê Ê Proposed Lake Ann Park Expansion and Trail Loop Concept Plan Lake Ann Park w 78th st / cr 16 park expansion boundarycr 117p o w e r s b l v d arboretum blvd lake ann lake lucy Continue Trail Loop around Lake Ann Make trail connection to neighborhoods (Route TBD) Make trail connection to neighborhoods (Route TBD) Connect to existing trail Continue Trail Loop around Lake Ann Legend Existing Trail Existing Sidewalk Proposed Bituminous Trail Future Bituminous Trail Bridge Boardwalk Park Road Future Park Expansion Wetland 500 0 500 Feet 198 May 2018 - Lennar enters an option agreement to purchase 188 acres for housing development, including the park preserve land. Summer 2018 - Spring 2019 - City works with Lennar to acquire and protect park preserve property through dedication, purchase, and density transfer. August 2019 - City approves plat of 50 lots and dedication of a portion of the parkland Fall/Winter 2019 - Feasibility study to get public input on level of development on the site, determine alignments, vet features, assess buildability, and develop budget level estimates 2020 - City approves plat for north neighborhood and acquires the rest of the parkland Summer/Fall 2020 - People begin moving into the new development Oct/Nov 2022 - Wetland delineation completed January 2023 - Start of Lake Ann Park Preserve Implementation Project Park Preserve History 199 Lake Lucy Lake Ann Lake Ann Park Greenwood Shores Park Galpin BlvdMajestic Way Topaz Dr Utica LnUtica LnTecumseh LnBrinker St Walnut Curve Windmill DrLucy Ridge LnRuby LnSapphire LnPaved Trails - Built by City Paved Trails - Built by Developer Paved Trails - Rebuilt by City Boardwalk Prefabricated Bridge Natural Surface Trails Reconstructed Trail to Lake Ann Park - Widen Reconstructed Trail to Lucy Ridge Ln - Address drainage Natural Resource Preservation/ Invasive Species Control Protect center of site from Buckthorn Expansion Manage/Treat/Remove invasives Preserve wetlands Field align trails to retain tree canopy Signage and Wayfinding Natural resources/historical education Tell the story of Lake Ann trail loop planning Provide directional signage for trail users Natural Surface Trail Waterbars and drainage crossings as needed New paved trail New paved trail Boardwalk Set elevation >flood Orient for views Boardwalk Set elevation >flood New Paved Trail Built by developer New Paved Trail Built by developer Coordinate grading for pond and boardwalk Bridge Set elevation to allow watercraft under Parking +/- 6 spaces N 200’600’400’200 Current Plan BoardwalksBridge201 Current Plan Paved TrailsNatural Surface Trails202 Current Plan Ecological WorkSignage & Wafi nding203 Assumptions / Uncertainty / RiskInitial ConceptFeasibility StudyDesign Development60% DesignConstruction DocumentsConstructionTime / Planning / Design Process 204 Key Points • The City has already shown a strong commitment to the development of the park preserve • Build out of the park preserve to the plans represents a signifi cant investment by the City of Chanhassen • This park and trail loop will be a marquee part of the City’s park system 205 Key Points • The site is remarkable for its beauty and natural resources • Some of this beauty and natural resource value creates additional complexity • Development of the park will create signifi cantly more use than exists today • The site’s entry points all involve water crossings 206 Implementation Project Team 207 Project Tasks/Schedule • Advance design to 60% level to get through permitting • Determine extent of phase 1 project based on budget/timing feasibility • Be prepared to develop construction documents and bid project in fall to begin work in winter 2023/24 208 Project Tasks/Schedule Win 23 Spring 23 Summer 23 Fall 23 Winter 23/24 Grant Writing Soil Borings Design Development Survey 60% Design and Hydraulics Cost Estimate/ Finalize Phase 1 Permitting Construction Documents Bidding Construction 209 Project Tasks - Grant Writing Description: Writing a grant application for the DNR’s Local Trail Connection Grant - “Intended to accelerate local trail connections to planned and existing state trails and other public facilities...Its primary purpose is to complete connections between where people live and signifi cant public resources.” $250,000 max award Timing: Writing and Review Feb/March 2023 Key Dates: Application Due - 3/31/23 Notice of Award - Summer 2023 Funds Available (if awarded) - After regulatory review - anticipated fall 2023 More grants will be pursued in the future 210 Project Tasks - Soil Borings Description: 10’ and 60’ deep borings and report on fi ndings to determine the engineering approach to designing crossings and trails. Timing: March 2023 Key Considerations: Preferably before ground thaw to minimize disruption to site 211 212 213 214 Project Tasks - Design Development Description: Refi ne locations/design of trails/boardwalks based on soil borings. Develop designs for features such as signage, parking lot, any additional features Timing: April-June 2023 Key Considerations: Complete what we can prior to survey. This task transitions into 60% design drawings We anticipate sharing the design with the public for review at the end of this stage 215 Project Tasks - Survey Description: HKGi will fl ag trail routes in the fi eld to avoid wetlands and signifi cant trees. SEH will take topographical survey, tree inventory, and wetland edges within 30’ of the fl agged alignment Timing: April-May 2023 Key Considerations: Snow needs to be melted. Before full leaf out preferable for survey technology. Spring timing will help identify wet areas. 216 Project Tasks - 60% Design + Stormwater/Hydraulics Description: Finalize location of trail and crossings for entire project. Set approach to water management. Finalize design of any additional features if applicable. Finalize natural resource plan. Some elements may go beyond 60% design such as wayfi nding. Timing: June-August 2023 Key Considerations: Completion of this task is needed to go through permitting 217 Project Tasks - Cost Estimates and Phase 1 determination Description: Cost considerations will be evaluated throughout the project, but the entire project will be costed and evaluated against the project budget to determine the extent of the Phase 1 project Timing: August 2023 Key Considerations: Determination of Phase 1 project will inform next steps 218 Lake Ann Park Preserve - Project Site Map N0 50 100 200 Proposed North Boardwalk Connection Lake Ann Lake Lucy New Housing Development New Housing Development Lake Ann Park Existing Trail Connections to NeighboroodGalpin BlvdLake Lucy Rd Existing Trail Connections to Neighborood Greenwood Shores Park PPlanannedd LaLaPlPlPanannedLaLaPlPdL ee AAnnnn ee AAnnnnAakekeaakeek LoLoLoLoopopopo TTTraail PrProposed N tural Nat SuSurface TraSSfTsailsil PrPropopososeded Pavedd TrTraiailsls Proposed ADA-Accessiblee Bridge Crossing Proposed South Boardwalk Connection Existin g TrailE x istingTrailLEGEND Existing Parks Lake Ann Park Preserve Property Wetlands Phase 1 Future Phases Proposed South Boardwalk Trail Connection (grant request) Proposed North Boardwalk Trail Connection Existing Paved Trails Existing City Trail Network & Sidewalks Planned Lake Ann Loop Trail when ROW/easement available Proposed Paved Trails Proposed Natural Surface Trails Proposed Bridge Crossing 219 Project Tasks - Permitting Description: Obtain regulatory approvals from various agencies that oversee various aspects. • Riley Purgatory Creek Watershed District • DNR Timing: Fall/Winter 2023 Key Considerations: Keep agencies, particularly watershed district in the loop prior to fi nal applications Done before start of construction • US ACE • Met Council 220 Next Tasks - Construction Documents Description: Prepare drawings and specifi cations that contractors can bid on and build from. Drawings will be prepared for Phase 1 project elements. Timing: Fall 2023 Key Considerations: Completion for bidding in late fall 221 Next Tasks - Bidding Description: Bid the Phase 1 project, fi nalize price, and select contractor. Timing: Late Fall 2023 Key Considerations: Bidding environment should be best after primary work season ends, and before contractors start fi lling their schedule with other projects 222 Next Tasks - Construction Description: Build the Phase 1 project. Timing: Winter 2023/24 - Summer 2024 Key Considerations: 223 Next Tasks - Phase 2 Description: Construction Documents, Bidding, and Construction of Phase 2 Timing: As budget allows Key Considerations: 224 Questions/Discussion Clarifi cations? Key Priorities? 225 City Council Item March 13, 2023 Item Resolution 2023-XX: Approval to Enter into a Grant Agreement with the Minnesota DNR File No.Item No: H.3 Agenda Section GENERAL BUSINESS Prepared By Jerry Ruegemer, Park and Recreation Director Reviewed By Jerry Ruegemer SUGGESTED ACTION "The Chanhassen City Council adopts a resolution authorizing the city to apply for and execute a grant agreement with the Minnesota DNR for improvements for the Lake Ann Park Preserve." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Local Trail Connection Grant Program Overview The Local Trail Connection grant program is intended to support the development of local trails that connect where people live to significant public resources. Grants can be used only for the construction of trail segments. Costs for design and engineering for the project are the responsibility of the city. The maximum grant that can be requested is $250,000 and the city is expected to provide at least a 25% match. Grant awards are anticipated to be announced in June of 2023. Work on the project cannot begin before a contract is in place, which will occur no earlier than July 1, 2023. Projects must be completed by June 30, 2025. BACKGROUND 226 DISCUSSION BUDGET RECOMMENDATION "The Chanhassen City Council adopts a resolution authorizing the city to apply for and execute a grant agreement with the Minnesota DNR for improvements for the Lake Ann Park Preserve." ATTACHMENTS Resolution 227 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 13, 2023 RESOLUTION NO: 2023-XX MOTION BY:SECONDED BY: RESOLUTION APPROVING AN APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A LOCAL TRAIL CONNECTION GRANT WHEREAS, the City of Chanhassen supports the grant application to the Minnesota Department of Natural Resources for the Local Trail Connection Program. The application is to construct a boardwalk to connect local residential neighborhoods and the greater city trail system to the trails in Lake Ann Park Preserve; and WHEREAS, the City of Chanhassen recognizes that it has secured the required non-state cash-matching funds for this project. NOW, THEREFORE, BE IT RESOLVED, if the City of Chanhassen is awarded a grant by the Minnesota Department of Natural Resources, the City of Chanhassen agrees to accept the grant award and may enter into an agreement with the State of Minnesota for the above-referenced project. The City of Chanhassen will comply with all applicable laws, environmental requirements, and regulations as stated in the grant agreement; and BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Local Trail Connection Grant Manual and certifies it will report any actual, potential, perceived or organizational conflicts of interest upon discovery to the state related to the application or grant award. BE IT FURTHER RESOLVED, the Chanhassen City Council names the fiscal agent for the City of Chanhassen for this project as: Kelly Grinnell, Finance Director City of Chanhassen P.O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 BE IT FURTHER RESOLVED, the City of Chanhassen hereby assures the trail constructed with this Local Trail Connection grant will be maintained for no less than 20 years. 228 2 PASSED AND ADOPTED by the Chanhassen City Council this 13th day of March, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 229 City Council Item March 13, 2023 Item Present Civic Campus Concept and Schedule File No.Item No: H.4 Agenda Section GENERAL BUSINESS Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION HKGi will present the concept plan for the Civic Campus project, including project schedule, cost estimates, and community engagement plans. Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY Bryan Harjes from HKGi will join us to discuss the project schedule and community engagement plans for the Civic Campus project. The city is in the planning stages of undertaking a project to build a new Civic Campus, comprised of City Hall, Council Chambers, Senior Center, and park amenities. Chanhassen's current municipal building was built in 1981. The facility no longer serves the population of Chanhassen, has significant deferred maintenance needs, and lacks operational efficiency. The reimagined Civic Campus is intended to invigorate Chanhassen's downtown and provide community gathering spaces and amenities. Current plans represent the city's longstanding commitment to being a community for life, with amenities for all ages. The concept plan shows pickleball courts, a new skate park, a splash pad, a playground, a performance space, room for the Farmers Market, conveniently located parking, a heated sidewalk to facilitate movement between the Senior Center and Library, and more. 230 The city has received input and feedback from commissions and community groups and is now beginning to seek broad public feedback as we move into the design phase. The goal is to begin construction of the City Hall/Senior Center in May 2024, with park improvements completed in June 2026. The current City Hall will remain in place until the new building is complete and the project will be phased accordingly. Key upcoming dates (proposed): Monday, March 20: Approve RFQ for Architectural Services Thursday, April 20: Facility Tours and Project Open House Monday, April 24: Listening Session at City Council Meeting Monday, May 1: City Council and project staff hold interviews for Architectural Services Monday, May 8: Award Contract for Architectural Services Questions about this project can be emailed to publiccomments@ci.chanhassen.mn.us. BACKGROUND Key dates in the project timeline to date: January 2022 Snow Kreilich Architects and Kraus Anderson completed a comprehensive Facility Study in 2021-22. The study helps us understand our public buildings' condition and projected needs. The complete study and materials are available here: https://www.chanhassenmn.gov/government/projects/2022-city-of- chanhassen-facilities-study. In particular, the study helped the City Council understand the costs of refurbishing or replacing City Hall. City Hall was built in 1980, with significant projects in 1988, 1996, and 2004. Based on the cost differentials and ability to benefit the community, the City Council decided to explore opportunities to build a new Civic Campus that would include a new City Hall and park amenities to create a new community focal point. September 13, 2022 Hoisington Koegler Group, a planning and landscape architecture firm, presented five concepts for a reimagined City Hall and City Center Park area. Commission members were able to review and provide feedback on the concepts. January 23, 2023 HKGi staff shared feedback received at the Design Workshop and received additional input from the City Council as we work towards a preferred concept. Bryan Harjes will join us for the work session with a further refined concept plan and cost estimates for additional discussion and feedback. February 13, 2023 HKGi staff presented feedback from the Design Workshop and a concept representing the culmination of feedback received from the Design Workshop and staff and cost estimates for the project. DISCUSSION BUDGET 231 RECOMMENDATION The City Council should consider the proposed schedule and provide feedback. ATTACHMENTS Civic Campus Sales Tax Exemption Request Flyer Civic Campus Presentation 232 THE PROJECT Chanhassen - A Community For Life Reducing Property Tax Burden and Risk Renovated City Hall, Senior Center, and city services The City of Chanhassen is a welcoming community with engaged residents, abundant natural amenities, and vibrant businesses, supported by valued services that make this a community for life. Chanhassen’s City Hall was built in 1981 and expanded in 1988. This multipurpose building has served the city for 35 years without significant renovation. In 2021, the city completed a comprehensive facilities study. The study outlines short-term and long-term plans to help accommodate the city’s current and future needs. This exemption would lower construction costs and reduce the property tax impact in Chanhassen without adding administrative burden or shifting risk to the city under the current process. City of Chanhassen Civic Campus Request for Construction Sales Tax Exemption IDENTIFIED CIVIC CAMPUS AMENITIES Community centered splash pad and accessible playground Gathering spaces for all ages, including an outdoor performance space & dining area Outdoor features such as an additional park, skate park, and pickleball courts Expanded community meeting rooms available to the public In 2022, the city created a Park Referendum Task Force, which includes 20 community members who meet to discuss what amenities would benefit the Chanhassen community. 25,936 RESIDENTS IN 2023 233 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION FEBRUARY 13, 2023 234 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 AGENDA 1. Preferred Concept and Discussion 2. Next Steps 235 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONTEXT [ 236 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 EXISTING CONDITIONS EXISTING CITY HALL FOOTPRINT [0 20 40 Feet 237 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 POTENTIAL PROGRAM SHIFT [0 20 40 Feet SITE PROGRAMMING • No Change »Library »Vet’s Memorial • On-Site Relocation »City Hall »Parking (Surface and or Structured) »Skate Park »Hockey »Plaza Space • Potential Off-Site Relocation »Hockey »Skate Park • Potential New Program Elements »Stand Alone Community Room / Vending Space »Universal Playground »Farmers Market »Ice Skating Ribbon/ Loop »Outdoor Seating »Fountain »Splash Pad 238 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 EXISTING CONCEPT 3 CONCEPT 1 CONCEPT 4 CONCEPT 2 CONCEPT 5 JOINT WORK SESSION CONCEPT REVIEW 239 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 POTENTIAL PROGRAM ELEMENTS Desired Elements: »City Hall/Sr Center in the Southeast »Stand Alone Community Room/Vending Space »Gathering/ Performance Space (Flexible) »Outdoor Seating Options »Universal Playground »Splash Pad »Decorative Fountain »Surface Parking »Maintain Veteran’s Memorial »Refresh Existing Plaza and strengthen downtown connections Less Desirable Elements: »Housing »Refrigerated Ice Loop Discussion Surrounding Existing Program Features: »Skate Park »Hockey »Larger Open Space Area for Festivals 240 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT KEY FEATURES PARKING DEVELOPMENT • Build new City Hall building located near the intersection of W78th Street and Market Boulevard (2 Story with under building parking) • Develop new surface parking lots for City Hall and Civic Campus along the east side of site • Maintain existing parking lot/structure on west side of site • Create a 4 season park centrum building with adjacent performance/event plaza • Provide additional features including a universal playground, splash pad and gathering lawn • Retain existing Veteran’s Memorial and create an new associated plaza space for ceremonies • Retain and enhance the event lawn area and skate park on the north side of the site • Enhance connections from the west with a pedestrian crossing signal of Kerber Blvd. and plaza paving courtyard at the library entry • Create a strong civic presence along W78th Street with a linear plaza and entry signage EXISTING CITY HALL FOOTPRINT Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) Existing Parking Structure - Upper Level 93 Spaces Existing Parking Structure - Additional Spaces 5 Spaces Existing Parking Structure - Lower Level 26 Spaces Proposed Parking Under City Hall +/-40 Spaces Proposed Surface Parking for City Hall 97 Spaces Total 261 Spaces City Hall + Senior Center - 2 Story + Under Building Parking +/-17,000 SF Per Floor Community Room/Vending Space +/- 4,000 SF [0 40 80 Feet 241 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet A A B B C C 242 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet D D E E F F 243 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet G G H H I I 244 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet J J K K L L 245 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet M M N N O O 246 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet P P Q Q R R 247 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PREFERRED CONCEPT EXISTING CITY HALL FOOTPRINT [0 40 80 Feet S S T T U U 248 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PRECEDENT IMAGES 249 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 PRELIMINARY COST SUMMARY 1 SITE PREPARATION $50,000 2 REMOVALS/DEMO $200,000 3 EXCAVATION/EARTHWORKS $100,000 4 STORMWATER $300,000 5 WATER SERVICE $40,000 6 ELECTRICAL $470,000 7 SITE FEATURES $2,232,800 8 PAVING $1,360,950 9 LANDSCAPE $570,000 10 BUILDINGS $18,950,000 CONSTRUCTION TOTAL $24,023,750 11 SOFT COSTS $8,748,550 TOTAL $32,772,300 250 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 NEXT STEPS... • Finalize preferred Concept Direction (Jan-Feb 2023) • Precurement of Costruction Manager and Design Team (Feb-April 2023) • Design Process (2023) • Construction Start (2024) • Project Completion (2025) 251 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 THANK YOU! 252 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 1 - CITY HALL ON MARKET BLVD. KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocated to Market Blvd. with new visitor parking for to north and staff parking under building • New central park spaces with small park building/ community room/vending space opportunity with outdoor dining/ gathering, water feature and play lawn. • New larger, upper park area for larger gatherings/ festivals • Existing plaza area to the south remains • Existing parking on Kerber Blvd. remains • Hockey and Skate Park remain in current configuration EXISTING CITY HALL FOOTPRINT Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) Existing Parking Structure - Upper Level 93 Spaces Existing Parking Structure - Lower Level 26 Spaces Proposed Parking Under City Hall 48 Spaces Proposed Surface Parking for City Hall 70 Spaces Total 237 Spaces City Hall + Senior Center - 2 Story +/-14,300 SF Per Floor Community Room/Vending Space +/- 4,000 SF [0 20 40 Feet 253 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 2 - CITY HALL TO NORTHEAST + SR HOUSING KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocated to northeast (hockey/ skate park area) with new visitor parking on north, east and south sides of building – no under building parking • New central park spaces with small park pavilion for gathering separating an upper park lawn area and a lower plaza space with a linear water feature • New skate plaza and small splash pad area on the lower plaza level with a new universal playground • New Senior High Density Housing + Senior Center located on former parking lot site. Parking for Senior Center, Library and Housing included on this site • Hockey relocated off site and Skate Park relocated to plaza area Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) City Hall - North 36 Spaces City Hall - East 65 Spaces City Hall - South 36 Spaces Library / Senior Center 70 Spaces Subtotal (Civic Campus)207 Spaces Senior HDR - Surface 38 Spaces Senior HDR - Underground 42 Spaces Subtotal (Senior HDR)80 Spaces Total 287 Spaces City Hall - 2 Story +/-17,000 SF Per Floor Senior HDR - 4 Story (+/- 70 units)+/- 14,800 SF Per Floor Senior Center +/-3,750 SF EXISTING CITY HALL FOOTPRINT [0 20 40 Feet 254 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 3 - CITY HALL TO NORTH KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocate to the north with under building parking • Expanded parking ramp on west side of City Hall to accommodate City Hall and Library parking • Pedestrian promenade with vending/ market opportunity connects east to west • Larger park space with expanded skate park, open lawn area and small gathering pavilion. • Tree grove seating area and sculpture plaza between City Hall and Library • Additional parking capacity for expanded public program (vending space, senior center, etc.) Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) Parking Structure - Lower Level 93 Spaces Parking Structure - Upper Level 93 Spaces City Hall - Under Building 60 Spaces Total 246 Spaces City Hall + Senior Center - 2 Story +/-17,000 SFPer Floor Community Room/Vending Space +/- 3,000 SF EXISTING CITY HALL FOOTPRINT [0 20 40 Feet 255 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 4 - CITY HALL TO WEST KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocated to west of existing (requires construction of new surface parking to north to support existing building program) with Senior Center on lower level • New pleasure skate rink on upper park terrace • New park and plaza features throughout park area • Skate park expanded slightly to the west • Hockey relocated off site Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) City Hall - Surface 91 Spaces City Hall - Upper Level 40 Spaces City Hall - Lower Level + Under Building 80 Spaces Total 211 Spaces City Hall + Senior Center - 3 Story +/-11,100 SF Per Floor EXISTING CITY HALL FOOTPRINT [0 20 40 Feet 256 CHANHASSEN CIVIC CAMPUS CITY COUNCIL WORK SESSION 2.13.2023 CONCEPT 5 - CITY HALL TO MARKET BLVD. & W 78TH ST CORNER KEY FEATURES PARKING DEVELOPMENT • New City Hall Building relocated the southwest corner with surface and below grade parking • Extension of Chan View Street to west, doubles as a festival street for events • New surface parking for library and shared parking with City Hall • New residential development at hockey and skate park area as well as at existing parking ramp for current City Hall • New open lawn area for large festivals on upper terrace, new skate park and plaza area on central terrace north of the street extension Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total) City Street Parking 41 Spaces Library Surface Parking 26 Spaces City Hall - Upper Level 82 Spaces City Hall - Lower Level 82 Spaces Subtotal (Civic Campus)231 Spaces West HDR - Surface 32 Spaces West HDR - Underground 54 Spaces East HDR - Surface 55 Spaces East HDR - Underground 50 Spaces Subtotal (HDR)191 Spaces Total 231 Spaces City Hall + Senior Center - 3 Story +/-9,600 SFPer Floor West HDR - 3 Story (+/- 57 Units)+/-16,200 SFPer Floor East HDR - 4 Story (+/- 73 Units)+/- 15,600 SFPer Floor EXISTING CITY HALL FOOTPRINT Calculated Parking Need: 137 for City Hall + 76 for Library (213 Total)[0 20 40 Feet 257 City Council Item March 13, 2023 Item Carver County Environmental Services Discussion File No.Item No: J.1 Agenda Section ADMINISTRATIVE PRESENTATIONS Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority Communications SUMMARY The City Council inquired about Carver County's future plans for recycling after they approached the city about locating a cardboard recycling dumpster on city property near Public Works. The city did enter into an agreement to host the cardboard recycling, but also asked the County to provide a more comprehensive overview of their future plans. Please see attached for that info. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 258 ATTACHMENTS Carver County Environmental Services 2023 Update 259 Protecting Our Environment, While Serving Carver County Residents Environmental Services Department Creating Efficiencies through Partnerships and Collaboration February 2023 260 The Environmental Center is a very popular program: •The Environmental Center (EC) serves 30,000 –40,000 customers per year. •The EC collects, sorts, processes, and transports millions of pounds of hazardous and problem materials each year. •The EC is running short of space for customers, waste, equipment, supplies, etc. •Participation and waste volumes are all trending upward. Simply put, Carver County is outgrowing the current Environmental Center site (116 Peavey Circle, Chaska). 261 The Environmental Center is a very popular program: •The Carver County Board has approved a Future Planning Study for collecting and managing Household Hazardous Waste (HHW) and Problem Materials in the county. •A Request for Proposal was released on January 18, with proposals due back on February 8. Two vendors responded, and their proposals are being analyzed. •The county will work with the selected vendor to plan for future HHW and Problem Materials collection and management in Carver County. •The selected vendor will talk with stakeholders, including cities and townships, to determine needs, opportunities, and concerns. 262 Why did the EC stop accepting Brush and Yard Waste in 2019? •For several years, the EC has been struggling with site safety, site capacity, and growing traffic levels. •Many operational days saw waiting cars lining up onto MN Hwy 41 –the Highway Patrol (and Carver County) was concerned about public safety. •Close analysis of EC operations found that 25% of vehicles visiting the site were bringing only brush and yard waste, meaning EC traffic could be reduced by 25% simply by eliminating the collection of that non-hazardous material. •State Statutes require Carver County to collect HHW. That mandate for service does not include brush and yard waste. 263 Why did the EC stop accepting Brush and Yard Waste in 2019? •For several years, Carver County searched for a new site for brush and yard waste collection. Nearby neighbors and Carver County cities did not support the potential sites considered. •When the EC opened 20 years ago, brush and yard waste was accepted because there were limited options for residents. •Because local private businesses started offering brush and yard waste services, Carver County did not wish to compete with those private businesses. 264 Chanhassen and Carver County work well together! •The “Chanhassen EC Coupon” is very popular, and it benefits Chanhassen residents by covering $20 of drop-off fees at the EC each year. o 626 Chanhassen residents used a “Chanhassen Coupon” in 2022. o $9,448 worth of savings were realized by Chanhassen residents in 2022 when using their “Chanhassen Coupons” at the EC. •A pilot project will open next to the Chanhassen Public Works facility in 2023. o This collaborative effort between Chanhassen and Carver County will offer convenient cardboard recycling options for local residents. o Carver County will pay for transporting and processing the materials collected at this pilot site, similar to other communities within the county.265 Chanhassen and Carver County work well together! •Grant funding provided to Chanhassen for waste reduction and recycling since 1989. o Funding was increased in 2021, is merit-based for cities and townships. o Chanhassen will be the largest recipient in 2023, with $23,000. •Additional grant funding for organics and recycling at Chan 4th of July Festival, etc. •Some grants for curbside organics collection efforts in the past. New limited curbside collection of organics for up to 100 Chanhassen residents proposed in 2023. •Outside grants -A Better Society hosts Fixit Clinics & Bike Repair Clinics in Chanhassen. 266 Greg Boe (MPA, REHS, RS) -Environmental Services Department Manager Carver County Environmental Services Department | Public Services Division Office Phone: 952.361.1802 County Cell Phone: 612-258-5287 gboe@co.carver.mn.us Carver County Government Center 600 East Fourth Street Chaska, MN 55318 267 City Council Item March 13, 2023 Item Municipal Legislative Commission 2023 Legislative Priorities File No.Item No: K.1 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION Correspondence Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Municipal Legislative Commission 2023 Legislative Priorities 268 Cnvv-$yond,ena MU NICIPAL LEGISLATIVE COMMISSION 2023 Legislative Prio rities HOUSING 8 HOME OWNERSHIP NOAH Preservation Grants Housing lnfrastructure Bonds (HlB) Community Land Trusts Down Payment Assistance Local Autonomy and Land Use Decisions TAX POLICY E tOCAt lssu Es Property Tax Refund & Renters Credit Homestead Market Value Exclusion Adjustment Sales Tax Exemption on Construction Materials Process SimPlifi cation Repeal Local Government Satary CaP THC 8 ADUTT USE MARI] UANA Loca[ Licensing Authority Revenue Sharing with Cities PUBTIC SAFETY Duty Disability Reform (PTSD) State funding for Juvenile Offender Detention, Treatment, and Programs TRANSPORTATION & INFRASTRUCTURE Corridors of Commerce Transportation Economic Devetopment (TED) State Match for !lJA Funding Regionatty Batanced Bonding Bitt Street lmpact Fees WORKFORCE 8 ECONOM IC EXPANSION Minnesota lnvestment Fund (MlF) Job Creation Fund (JGF) 269 MLC Policy Positions . Supports individuat property tax retief through the circuit breaker program . Opposes carving out revenue from the Fiscal Disparities pool to support specific projects . Opposes automatic inftationary increases in the LGA r Supports policies that preserve [oca[ control over devetopment decisions so existing taxpayers are not . Supports regionat capital investments and bonding equity J"^-Li- MUNICIPAL LEGISLATIVE cOMMrSstoN MLC Cities City Poputation Appte Vattey 55,638 Bloomington 89,298 Burnsvil[e 63,943 Chanhassen 26,037 Eagan 68,642 Eden Prairie 63,161 Edina 53,318 Gotden Vattey 2L,942 lnver Grove Heights 35,541 Lakevitte 72,8\2 Maple Grove 70,726 Minnetonka 53,266 Plymouth 79,828 Prior Lake 28,086 Rosemount 26,642 Savage 32,983 Shakopee 44,547 Shoreview 26,670 Woodbury 76,990 MLC Government Relations Team Tom Pou[ tom.pout@pouthaas.com 651-260-O696 Tony Atbright tony.atbright@pou Ihaas.com 651-801-9401 Owen Neubauer owen.neubauer@pou Ihaas.com 563-379-6214 For more information about MLC visit www.mtcmn.org or scan the QR code betow: n^-0/.The MLC is an association of 19 suburban communities providing a voice at the capitol to promote transparency, accountability, and equity in pubtic poticy decisions. MUNICIPAT LEGISLATIVE coMMrssroN f]tr tr 270 MUNICIPAL LEGISLATIVE coMMlssloN MLC 2023 LEGISLATIVE PLATFORM Housins and Ho me Ownership Housing is a top priority for MLC cities, particularly in supporting affordable home ownership low to moderate income residents. Increasing access to home ownership for Black, Indigenous, for and People of Color (BIPOC) is a high priority for our Commission. A variety of housing options within each of our cities is very important, however MLC is focusing its efforts on access to moderately priced starter homes, which will enhance the ability of Minnesotans to achieve inter-generational wealth growth via homeownership. Specifically, supporting initiatives and funding to secure and maintain existing housing stock (NOAH), as well as finding ways to incentivize builders to bring affordable housing options to our cities. Opportunities for affordable home ownership continue to be a challenge in our communities for a .rrr1;1ber of reasons, especially as the real estate market has transformed the housing industry and builders are now focusing on single-family and townhomes with more square footage and higher end and/or luxury materials than previously, negatively impacting housing affordability. ln addition to market driven changes, Minnesota faces a variety of challenges including underproduction of new construction for at least a decade, the high cost and scarcity of land, increasing costs in building materials, and labor, the exceptionally active real estate market, and institutional investors purchasing existing homes with significant conversion to rental, as well as other market forces. In order to address these challenges, a variety of housing solutions are necessary to provide more affordable home ownership opportunities including significant State investrnents. Specific policies and programs supported by MLC include: I. Support for affordable home ownership a. Investments to preserve existing affordable homes: i. Increase funding for naturally occurring affordable housing (NOAH) preservation grants. ii. Increase investment in Housing Infrastructure Bonds (HIB). iii. Expand NOAH Preservation programs to include townhome and condominium ownership. ffirdability is defined as buyers making I 15% AMI and spending no more than 30o% of their income on housing. b. Incentivize production of affordable homes by: i. Support for a state tax exemption/credit to generate production of low to moderately priced homeownership opporrunities. ii. Provide state funding for community land trusts. 271 II. Down payment assistance a. Support state funding for downpayment assistance programs to assist first generation homebuyers. b. Support financing opportunities for BIPOC first-time homebuyers. III. Collaboratively address statewide housing cost drivers a. Streamline state building codes and determine if existing codes create competitive advantages for neighboring states. b. Eliminate duplication and redundancy between the agencies involved in the storm water/environmental permitting process. c. Streamline the process and provide local governments more flexibility in MUSA line adjustrnents. IV. Preserve local autonomy and community characteristics a. Support city authority to protect existing taxpayers and recover costs associated with development activity including street infrastructure. b. Preserve local govemment authority for land use decisions such as zoning and regulatory controls. c. Recognize benefits of having a diverse collection of communities that provide choices across the housing spectrum. Public Safetv Fublic safety has been a growing area of concem for MLC cities, particularly with motor vehicle theft, auto part theft (e.g., catalytic converters), and carjackings. Many aspects of the criminal justice system need to be reviewed for potential reforms including how cases are prosecuted, impact of bail guidelines, the use of sign and release warrants for violent crimes, as well as focusing on how to best address juvenile offenders. Coordination and collaboration between cities, counties, and the criminal justice system will be imperative in addressing these challenging issues. Specific policies and programs supported by MLC include: Support for public safety duty disability reform a. In recent years, the number of public safety employees seeking duty disability determinations through PERA, and workers compensation claims for line of duty injuries has significantly increased. The fiscal impact of these rising claims is unsustainable for cities and ultimately, taxpayers. As a result, MLC supports the following reform measures: i. Full state funding for the Public Safety Offrcer Benefit account, which reimburses employers who provide continued health insurance to police officers and firefighters injured in the line of duty and the dependents of those killed. ii. Funding to reimburse local governments for providing paid time offto public safety employees experiencing work related trauma and./or who are seeking treatment for a mental injury. iii. Funding for initiatives and programs which provide peer support, emotional trauma training, early intervention, and mental health treatment. I. 272 II.Support state funding to address juvenile offenders including detention, treatment, mental health support, and educational programs Tax Policv and Local Issues MLC supports local control, including in the areas of taxes and fiscal policy. MLC supports policies that promote greater stability and predictability in the fiscal relationship between the state and local units of government. Specific policies and programs supported by MLC include: a. Support for direct property tax relief through the Property Tax Refund and Rental Credit programs, as well as adjusting Homestead Market Value Exclusion levels to reflect recent increases in assessed values b. Simpliff the process for a sales tax exemption on construction materials for cities, counties, school districts and other local governments. c. Preserve the integrity of the Fiscal Disparities Program by not removing revenue from the pool to pay for one-offlegislative priorities. d. Support for the repeal of the Local Government Salary Cap. Infrastructure and Transnortation Inves tments According to 2O2O census data, MLC cities combined are among the biggest job producing areas in the state with over half a million employees (530,660) compared to Minneapolis/St. Paul with a combined total of 455,689. Along with those jobs comes added congestion and demand on transit and roads in MLC Cities. MLC supports increased, regionally balanced, investnent in transportation and infrastructure to maintain and grow a robust transportation network. Specific policies and programs supported by MLC include: a. Increase investments in Corridors of Commerce. b. Increase investments in Transportation Economic Development. c. Passage of a robust, regionally balanced bonding bill that includes significant investment in suburban communities. d. Fully fund the required state matching dollars to leverage federal grant opportunities for programs including IIJA, Inflation Reduction Act, and CHIPS Act. e. Flexibility for cities to impose infrastructure fees so the costs of new development aren't shifted onto existing taxpayers. 273 Workforce Support and Economic Expansion As the Governor's Council on Economic Expansion recently noted, housing and workforce issues are closely related. MLC supports the Council's recommendations on housing and on increased investrnents in economic development. Specific policies and programs supported by MLC include: a. Increased investment in the Minnesota Investment Fund (MIF). b. Increased investment in the Job Creation Fund (JCF). Licensing Framework With recent legislative changes, MLC cities have faced the allowance of certain edible and beverage products infused with tetrahydrocannabinol (THC) to be sold. A strong regulatory framework with clear licensing, inspection, enforcement, and reporting requirements is needed to address the sale of edible marijuana products containing cannabinoid THC. Should the Legislature decide to approve adult use marijuana, these same needs are expected. The Legislature should address public safety, employment, public health, and taxation issues with cannabinoid and marijuana legalization. Maintaining the authority for local licenses and zoning regulations is important to the MLC and should be part of any state regulatory framework. A special thanks to our Legislative Program and Housing Subcommittee members: Aarica Coleman: HRA Administrator, Bloomington Jason Wedel: City Manager, Prior Lake Anne Burt: Mayor, Woodbury Jim Hovland: Mayor, Edina (MLC Chair) Bill Droste: Mayor, Rosemount Justin Miller: City Administrator, Lakeville Dave Callister: City Manager, Plymouth Kirt Briggs: Mayor, Prior Lake Luke Hellier: Mayor, Lakeville Mike Funk: City Manager, Minnetonka Brad Wiersum: Mayor, Minnetonka Mike Maguire: Mayor, Eagan Dianne Miller: City Administrator, Eagan Rick Getschow: City Manager, Eden Prairie Heidi Nelson: City Administrator, Maple Grove Tom Lawell: City Administrator, Apple Valley Jamie Verbrugge: City Manager, Bloomington For questions about the MLC's Legislative Program, please contact: Tom Poul tqt:l.I>rt ul@paul haa!.gqln Tony Albright rqlry.alUght@ppulbaar.cpm Nancy Haas qarcy.haqs(gpq_db_a4lsaltl Owen Neubauer owen.neubaucr(qpqulhaa.s.conl Cannabinoid and Adult Use Mariiuana Regulatorv and 274 City Council Item March 13, 2023 Item Letter from Mediacom dated February 24, 2023 File No.Item No: K.2 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Mediacom Rate Adjustments Notice 275 0cvv eSP urd,u,, tl Mediacom. Xtream . Business . OnMedia Theresa Sunde Senior lVlanager, Government Relations Sent via Email Februa ry 24, 2023 Dear Chanhassen Community Official The purpose of this letter is to inform you that, on or about April L,2023, Mediacom will be im plementi ng the fol lowi ng rate adj ustments:1 The change in the Local Broadcast Station Surcharge is the result of a true up of the costs we estimated tVlediacom would pay to retransmit local broadcast stations like ABC, CBS, FOX and NBC. Vlediacom appreciates the opportunity to continue to serve your community's telecommunications needs. lf you have any questions, please contact me by email at tsu nde@ mediaomcc.com Sin ce re ly, Theresa Sunde CO: 1602 I Depending on the terms of each customer's promotional package, these rate changes may not impact a customer until their current promotional package expires. 2 Nzlediacom bills monthly in advance. As a result, the previously announced changes for the Local Broadcast Surcharge were based on our best estimate of the cost increases our company would incur for broadcast programming. This current change represents a "true up" to customer bills to reflect the actual amounts we ended having to pay. Mediacom Communications Corporation 15O4 2nd Street SE, PO Box 110, Waseca, Minnesota 56093 Product Old Rate New Rate Net Change Local Broadcast Station Surcharge2 s2s.11 52s.10 So.sg 276 City Council Item March 13, 2023 Item 2023 Building Permit Activity File No.Item No: K.3 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION Correspondence Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 2023 Building Permit Activity February YTD 277 2023 Building Permit Activity February YTDCity of Chanhass€n 7700 Mrrket Boul€vard Chanhassen, MN 5531? 9s2-227-t100 t, [\ = \I 44 0Residential Townhomes 0ApartmentVsenior Facilities 44Total Residential Residential Building Permits l't Qurrter 2od Quarter 3d Quarter 4th Qurrter Total YTD 00Neu 00Redeveloped 1l1l IIllTotal Commercial Commercial Building Permits I't Quarter 2'd Quarter 3d Quarter 4rh Qurrter 65 53 lt8Total Available Lots Aveilable Lot ltrventory (end of Quarter) l't Quarter 2d Quarter 3d Quarter 46 Quarter 48 468981940Single-Family 0 0018TorlThomes 0ll0000Apartments/Senior Facilities 61 1l6674586)Commercial 109134282431Total Number of All P€rmits 20232019202020222018 g:\adminuorms\building permit activity 2023 )td-doc Residential Single-Family 0 0 Totrl YTD Remodeled Single-Family Lots Residential Tovmhome Lots Total Permit Historv 2{l2t 56 0 268 120 l5 278 6 e!=.i5 ze a ; '::z a = :-:':ze a : I ;= : ? E Ri 6 2 E !! p I E -i): E ? I & RH = 6- tl rrlrr Il ttl -H tl+ a g 279