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05-22-2023 Agenda and PacketA.5:30 P.M. - WORK SESSION Note: Unless otherwise noted, work sessions are held in the Fountain Conference Room in the lower level of City Hall and are open to the public. If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. A.1 Sketch Plan Review: Santa Vera PUD Phase II A.2 Discuss THC and Adult Use Cannabis Legislation A.3 Future Work Session Schedule B.7:00 P.M. - CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS C.1 National Public Works Week Proclamation C.2 Invitation to Memorial Day Ceremony - May 29, 2023 C.3 Old National Bank Sponsorship Recognition D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. City council action is based on the staff recommendation for each item. Refer to the council packet for each staff report. D.1 Approve City Council Minutes dated May 8, 2023 D.2 Receive Planning Commission Minutes dated April 18, 2023 D.3 Receive Planning Commission Minutes dated March 21, 2023 AGENDA CHANHASSEN CITY COUNCIL MONDAY, MAY 22, 2023 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 D.4 Receive Environmental Commission Minutes dated April 12, 2023 D.5 Receive Economic Development Commission Minutes dated April 11, 2023 D.6 Approve Claims Paid dated May 22, 2023 D.7 Approve Permit for Fireworks Display at Lake Minnewashta, July 3, 2023 D.8 Approve Permit for Fireworks Display at Lake Ann Park, July 4, 2023 D.9 Approve an Encroachment Agreement between City of Chanhassen and Bria Homstad and Scott Homstad D.10 Approve Publication of Request For Proposals for Civic Campus Construction Manager Services D.11 Appoint Cohen Lee to the Economic Development Commission as a Youth Commissioner D.12 Approve Purchase of Laserfiche Enterprise License Upgrade D.13 Authorize Signature: Proposals from HKGI to update the Downtown Design Guidelines as well as the Downtown Wayfinding and Signage Plan and adopt Resolution of Support for Carver County CDA grant. D.14 Authorize Contractual Agreements for Schematic Design with Architectural Firm BKV for the Civic Campus Project D.15 Resolution 2023-XX: Accept 2023 Community Events Sponsorship Donations from Area Businesses D.16 Resolution 2023-XX: Authorize Vegetation Management Services Contract for 2023 D.17 Resolution 2023-XX: Approve Settlement Agreement for Parcel 18 as part of the CSAH 101 Improvement Project D.18 Resolution 2023-XX: Support for Submittal of a Local Partnership Program Funding Application for the MMSW Roundabout D.19 Ordinance XXX: Adopt Amendments to City Code Chapter 7, Buildings and Building Regulations, Chapter 12, Motor Vehicles and Traffic, Chapter 13, Nuisances, Chapter 17, Streets and Sidewalks, and Chapter 19, Water, Sewers and Sewage Disposal E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda). E.1 State of the Library - Patrick Jones F.PUBLIC HEARINGS F.1 Resolution 2023-XX: Accept the Bids and Award the Contract for the 2023 Mill & Overlay 2 Project; and Resolution 2023-XX: Adopt Final Assessment Roll G.GENERAL BUSINESS H.COUNCIL PRESENTATIONS I.ADMINISTRATIVE PRESENTATIONS I.1 Annual Fire Department Report J.CORRESPONDENCE DISCUSSION J.1 2023 Building Permit Activity K.ADJOURNMENT GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.chanhassenmn.gov/action or paper forms are available in the city council chambers prior to the meeting. A total of thirty minutes is alloted for Visitor Presentations. Priority is given to Chanhassen residents. An additional thirty minutes may be provided after General Business items are complete at the discretion of the City Council. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. Comments may also be emailed to the City Council at council@chanhassenmn.gov. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. 3 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. 4 City Council Item May 22, 2023 Item Sketch Plan Review: Santa Vera PUD Phase II File No.Item No: A.1 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Eric Maass, Planning Director Applicant Hansen Homes Present Zoning Planned Unit Development District (PUD) Land Use Residential High Density Acerage 3.82 Density Residential High Density allows for a net density of 8-16 units/acre. As proposed the development would consist of approximately 14 units/acre. Applicable Regulations The site was previously developed under a Planned Unit Development "PUD." The PUD ordinance has been included in this case for reference. SUGGESTED ACTION No formal action is requested. Staff has been working with the property owner/developer and would like the opportunity for that group to get general feedback from the City Council prior to making any formal submittals. SUMMARY The current PUD allows for multi-family residential defined as multi-storied apartments or condominium units. The PUD prohibits townhouses, detached townhouses, and detached single-family homes. The property owner/developer is interested in developing the remainder of the site and is interested in incorporating a mix of housing options, including the permitted apartment but also incorporating 5 detached single-family homes and attached townhomes. The Developer has met with the city staff's development review committee and received general feedback as it relates to the proposal. The Developer also met with the Planning Commission and City Council in July of 2022, but because there are new members on both bodies, the sketch plan is being brought back in front of both groups. Staff is generally supportive of the proposal but had comments relating to recommended revisions to reduce the amount of tree loss due to detached garage location and stormwater needs. The Developer has submitted an updated site plan that pulls garages further to the north and lessens the impact on existing trees on the site. A summary of comments from the Planning Commission meeting on May 16, 2023 is attached as the minutes for the meeting are not yet available. BACKGROUND DISCUSSION RECOMMENDATION Staff recommends that the City Council provide general feedback as it relates to the conceptual development plan but specifically the incorporation of detached single-family homes and townhomes as the PUD currently does not allow for them, and the city has broad discretion for whether or not it would approve a PUD amendment. ATTACHMENTS 2023-05-11 Santa Vera Concept Site Plan 2023-05-11 Santa Vera Concept Images Ordinance 541 Saratoga 3rd Addition PUD Concept Letter dated July 20, 2022 Santa Vera PUD May 16 Planning Commission Comments Summary 6 unit C2 bed unit C2 bedunit A1 bedunit A1 bed entry /lobby /laundryexerciseroomcommunitystairunit D1 bed unit D1 bedstairunit A1 bed unit A1 bedunit E2 bedunit A1 bed 2100510041003100210011000999 998 997 996 995 994993 992 991 991 990993 99499599 699799899999910001001 9929939949959969969979989999911000999998997999998997996995994993991 992 993 994 99099699799899910001001100210031004100699599499 2 99 3 6267633461593 story apt bldg(32 units)32 garageparking spaces2 req'd32 req'd(25% compact= 8 stalls)62 total parkingspaces (3 ADAstalls req'd)141516 exist garagespaces (18 req'd)18 exist aptunits (8) 1 bed,(10) 2 bed21 exist parkspaces (18 req'd)new sidewalk2 storysinglefamily2 storysinglefamily2 storysinglefamilyfire apparatus 'Y'turn around22'x22'garage22'x22'garage2 req'dCsediment pondw/ (2) retentionponds andundergroundstorage540 Lake Street, Excelsior, MN 55331PH: (612) 701-7117MAGNEYARCHITECTURE+ darin duchd e s i g nsanta vera PUD site planmay 11, 2023SCALE: 1/64"= 1'-0"22'x22'garage330 req'd (25%compact = 7.5stalls)1413314'x22'garageaddition14'x22'garageadditiongarage FFE=994'-0"1st story FFE=1004'-0"entry FFE=997'ccccccc 7 8 9 10 11 12 13 14 15 16 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.541 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Lot 2, Block 1, Saratoga 3`d Addition to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: Saratoga 3rd Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD high density residential development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be underground. The development shall proceed through the site plan review based on the development standards outlined below. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the standards below, the development shall comply with the requirements of the R-12, High Density Residential District. b. Permitted Uses The permitted uses in this zone shall be limited to multi -family residential uses. A total of 46 units are permitted on the site. Multi family Residential — This shall be defined as multi -storied apartments or condominium units. C. Prohibited uses Townhouses Detached Townhouses Detached Single -Family Homes d. Setbacks 17 Street Frontage Minimum Setback Building/Parking (feet) Laredo Drive 50/50 Saratoga Drive 50/50 Santa Vera Drive 50150 Interior Lot Line 15/50 The PUD standard for hard surface coverage is 65% e. Building Materials and Design 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. 2. All material shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stucco with metal, wood, rock face block and stone accents. The structure shall have a pitched roof. 3. Block shall have a weathered face or be polished, fluted or broken face. 4. All accessory structures shall be designed to be compatible with the primary structure. 5. All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. 6. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. The building(s) shall have varied and interesting detailing. The use of a solid wall unrelieved by architectural detailing, such as change in material, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass and scale of the wall and its views from the public ways shall be prohibited. 7. Space for recycling shall be provided. 8. There shall be no underdeveloped sides of building. All elevations visible from the street shall receive nearly equal treatment and visual qualities. L Site Landscaping and Screening 1. Landscaping along streets shall comply with buffer yard standard B. Interior lot lines shall comply with buffer yard A, 10 feet in width. A landscape plan must be presented for approval with the site plan review process. 2. Storage of materials outdoors is prohibited unless it has been approved under site plan review. g. Signage 1. Signage shall comply with the sign ordinance for residential districts. 2. All signs shall require a sign permit. 2 18 h. Lighting All light fixtures shall be shielded. Light levels shall be no more than'/2 candle at the property line. Light fixtures shall not be more than 20 feet in height. This does not apply to street lights. i. Alternative Access 1. Separate pedestrian access shall be provided from the site to the public sidewalk and trail system. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 29th day of May, 2012 by the City Council of the City of i n, Minnesota 77 1 ..+•• Gerhardt, City Manager Thomas A. Furlong, Mayor Published in the Chanhassen Villager on June 14, 2012) 3 19 Affidavit of Publication Southwest Newspapers State of Minnesota) SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijkhnnopqrstu z y: Laurie A. Hartmann Subscribed and sworn before me on this day of 2012 No ublic r NO TP}RY PUBLIC - UMI SOTA iY C0NVISSIOR EXPIRES 01131/13 :A RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch 20 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 541 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE; THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Lott, Block 1, Saratoga 3rd Addition to Planned Unit Development - Residential. Section 2. The rezoning of this property incorporates the following development design standards: Saratoga 3rd Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD high density residential development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be underground. The development shall proceed through the site plan review based on the development standards outlined below. The PUD requires that the development demonstrate a higher qual- ity of architectural standards and site design. Except as modified by the standards below, the development shall comply with the requirements of the R-12, High Density Residential District, b. Permitted Uses The permitted uses in this zone shall be limited to multi -family resi- dential uses. A total of 46 units are permitted on the site. Multi -family Residential- This shall be defined as multi -storied apart- ments or condominium units. C. Prohibited uses Townhouses Detached Townhouses Detached Single -Family Homes d. Setbacks Street Frontage Minimum Setback Building/Parking feet Laredo Drive 50/50 Saratoga Drive 50/50 Santa Vem Drive - 50/50 Interior Lot Line 15/50 The PUD standard for hard surface coverage is 65% e. Building Materials and Design L The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equip- ment shall be screened with material compatible to the building. 2. All material shallbeof high quality and durable. Majorexterior surfaces of all walls shall be face brick, stucco with metal, wood, rock face block and stone accents. The structure shall have a pitched roof. 3. Block shall have a weatheredface or be polished, fluted or broken face. 4. All accessory structures shall be designed to be compatible with the primary structure. 5. All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. 6. Acceptable materials will incorporate textured surfaces, ex- posed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscap- ing. The building(s) shall have varied and interesting detailing. The use of a solid wall unrelieved by architectural detailing, such as change in. material, change in color, fenestrations, or other significant visual relief prn1!ded in a manner or at intervals in keeping with the size, mass and scalelof the wall and its views from the public ways shall be prohibited. T Spacefor recycling shall be provided.,. 8. There shall be no underdeveloped sides of building. All eleva- tions visible from the street shall receive nearly equal treatment and visual qualities. f. Site Landscaping and Screening 1. Landscaping along streets shall comply with buffer yard stan- dard B. Interiorlot lines shall comply with buffer yard A,10 feet in width. A landscape plan must be presented for approval with the site plan review process. 2. Storage of materials outdoors is prohibited unless it has been approved -under site plan review. g. Signage I. Signage shall comply with the sign ordinance for residential districts. 2. All signs shall require a sign permit. It. Lighting 1. All light fixtures shall be shielded. Light levels shall be no more than % candle at the property line. Light fixtures shall not be more than 20 feet in height. This does not apply to street lights. i. Alternative Access 1. Separate pedestrian access shall be provided from the site to the public sidewalk and trail system. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicat- ing the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 29th day of May, 2012 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor Published in the Chanhassen Villager on Thursday,.June 14, 2012; No. 4648) 21 July 20, 2022 Mr. Gary Hansen Hanson Hometech 7920 Kerber Boulevard Chanhassen, MN 55317 Re: Hansen Homes 2022 Development Project Concept (621 Santa Vera) Planning Case #2022-09 Dear Mr. Hansen: This letter is to confirm that on July 11, 2022, the Chanhassen City Council reviewed the concept plan for Lot 2, Block 1, Saratoga 3rd Addition. Based on this review, the City Council directed that you may proceed with the development stage application of the Planned Unit Development – Residential (PUD-R) amendment, preliminary plat, and site plan. However, you should address their concerns regarding providing more detail on the overall development, addressing the appropriate mix of housing, building a sense of community, fitting in with the surrounding housing values, transitioning from the existing neighborhoods, addressing compatible building heights, preserving trees, evaluating traffic stacking and parking concerns, and maintaining our generational housing opportunities. At the development stage application, you will need to address the following items: 1. The proposed development must address the Comprehensive Plan inconsistency. 2. The proposed development must prepare tree preservation and landscaping plans as appropriate for subdivision and site plan review. 3. Recommend use of a private street to provide access into the site and that the private street be located at the existing intersection of Laredo Drive and Del Rio Drive. 4. A traffic impact study performed by a licensed engineer is recommended to accompany the preliminary construction plans. The study will describe: key traffic issues, the characteristics of the surrounding transportation system including operations of key intersections including but not limited to Kerber Boulevard and Santa Vera Drive and W. 78th Street and Laredo Drive, existing and background conditions, site-generated conditions, as well as on-site circulation as a through-connection is not recommended (i.e. an adequate turnaround within the development meeting City Ordinances). 22 Mr. Gary Hansen July 20, 2022 Page 2 5. Pedestrian connectivity is warranted along Saratoga Drive and Santa Vera Drive to connect existing trail and sidewalk pedestrian routes. Public pedestrian routes through the private development, as indicated on the last page of the concept plans, is not recommended. 6. The applicant will need to confirm the existence and limits of all existing wetlands onsite as outlined by the Wetland Conservation Act (WCA). A wetland delineation report will be required with the preliminary plat submittal. 7. The Riley Purgatory Bluff Creek Watershed District (RPBCWD) also has rules that regulate wetlands and wetland buffers. The applicant will need to meet both City and Watershed wetland rules. 8. The applicant shall include stormwater routing and grading as part of the preliminary plat submittal. The design will need to account for all existing stormwater generated by the site and upstream properties to perpetuate existing flow patterns. Based on the impervious area in the preliminary plans, permanent stormwater BMPs will be required to treat stormwater and reduce runoff rates. 9. It is recommended that the applicant provide increased levels of water quality treatment to alleviate the stress on downstream stormwater infrastructure. The applicant shall oversize water quality treatment BMPs by 50% to allow treatment of stormwater from public ROW. An alternate approach would be to outlot areas on the property to be used for public stormwater treatment. In both cases, the City would adjust stormwater fees to help fund the improvements. 10. The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The Stormwater Pollution Prevention Plan (SWPPP) is a required submittal element for preliminary plat review. 11. Municipal sanitary sewer and potable water services are available and extend into the site to service the needs of the conceptual plans. However, these public mains will be required to be relocated by the developer to accommodate the layout of the future development. 12. Public drainage and utility easements will be required over the public utilities. 13. The development will be assessed and required to pay all appropriate sanitary sewer and water fees as outlined in the City of Chanhassen’s Fee Schedule at the rate in effect at the time of final plat and/or site plan approval. 14. A stormwater management plan is required for preliminary plat review. 15. The proposed development appears to exceed the one (1) acre of new impervious area and will therefore require permanent stormwater BMPs to be constructed as part of this 23 Mr. Gary Hansen July 20, 2022 Page 3 project to be owned and maintained by the owner. A stormwater maintenance agreement and associated operations and maintenance plan is required for all private stormwater BMPs. 16. The proposed development is located within the RPBCWD and is therefore subject to the Watershed’s rules and regulations which include water quality, water volume abstraction, and rate control. A permit from RPBCWD will be required. 17. City Ordinance sets out the fees associated with surface water management. Water quality and water quantity fees will be collected with a subdivision. 18. Building permits must be obtained before beginning any construction. 19. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 20. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 21. The apartment building is required to have automatic fire extinguishing systems. 22. Structure proximity to property lines (and other buildings) will have an impact on the Code requirements for the proposed buildings, including but not limited to: allowable size, protected openings and fire-resistive construction. These requirements will be addressed when complete building and site plans are submitted. 23. Apartment building plans must include a Code analysis that contains the following information: Key plan, Occupancy group, Type of construction, Allowable height and area, Fire sprinklers, separated or non-separated, Fire resistive elements (exterior walls, bearing walls - exterior or interior, shaft, incidental use), Occupant load, Exits required (common path, travel distance), Minimum plumbing fixture count. 24. Retaining walls (if present) more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 25. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. 26. Road widths, parking lots, and entrances will need to be within fire apparatus access road minimum widths which could lead to no parking on either side of the road if done to only minimum standards. 27. Multiple hydrants will need to be put into the development. 24 Mr. Gary Hansen July 20, 2022 Page 4 28. If the current, existing apartment building does not have a fire sprinkler system, it will need to have one installed when adding the 3rd level. 29. The new apartment building will need a full fire sprinkler system. 30. If only two townhomes are side by side, a fire sprinkler system is not required. If adding three or more, they will need fire sprinklers. 31. Meet all parking standards. 32. To proceed with the development of the site as proposed, the applicant would need to complete the preliminary PUD process and amend the PUD zoning for the site. The project would also require subdivision review and approval. 33. Site plan approval is required to approve development of the townhouse and apartment units. 34. Park Dedication fees will be collected in full at the rate in force upon final plat submission and approval. At the development stage application, you will propose the specific amendments to the existing PUD-R regulations for the property. The submittal must be consistent with section 20-518 of the Chanhassen City Code. As part of the pre-development meeting(s) for the property, we will determine the appropriate application requirements, e.g., preliminary platting, site plan review, rezoning, etc. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@chanhassenmn.gov. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Erik Henricksen, Project Engineer Laurie Hokkanen, City Manager Jerry Ruegemer, Parks & Recreation Director Jill Sinclair, Environmental Resource Specialist Joe Seidl, Water Resources Coordinator Eric Tessman, Building Official Charlie Hansen g:\plan\2022 planning cases\22-09 621 santa vera dr\concept confirmation letter.docx 25 [Type here] Memorandum To: City Council From: Eric Maass, Planning Director CC: Laurie Hokkanen, City Manager Date: 5/17/2023 Re: Planning Commission Comments on Santa Vera PUD Phase II Sketch Plan The Chanhassen Planning Commission considered the Santa Vera PUD Phase II Sketch Plan during its regular meeting on May 16th, 2023. The formal meeting minutes were not available at the time of publishing for this City Council agenda and as a result, Staff has prepared the below summary of Planning Commission commentary during their review. 1. Variety of Housing Types a. The PUD currently does not allow townhomes or detached single family homes and as a result would require amendment to the PUD in order to allow for the development as currently shown. b. The Planning Commission was supportive of the proposed mix of housing types as they felt it provided a positive blend between the proposed development and the existing neighborhood. c. The sketch plan as proposed would be within the allowed density range. The Planning Commission appreciated the opportunity to gain additional housing in close proximity to the downtown area and civic campus. d. The Planning Commission appreciated the Developer removing the proposed third story on the currently existing apartment building in response to neighborhood concerns over that aspect of the development when it was originally brought forward in 2022. 2. Traffic Concerns a. The Planning Commission appreciated the Developers transitioning of the apartment access to entry only off of Laredo Drive and exit only out onto Santa Vera Drive. It was anticipated that exit only onto Santa Vera would help direct evening and morning commuter traffic down Santa Vera to Kerber Blvd and avoid increased traffic around the school which already experiences congestion. 26 [Type here] b. The Applicant shifted the proposed apartment building to the western side of the development greatly reducing the likelihood of any apartment residents parking on the side of Laredo Drive. 3. Environmental Questions a. The Planning Commission asked questions regarding tree impact. The Applicant indicated that they are very familiar with the site and have included estimated boundaries of existing tree coverage as it exists today. The Developer acknowledged that with a formal application they would be required to have a formal tree inventory completed which would be reviewed by the City Arborist and that any tree removal would trigger tree replacement outlined in City Code. b. Stormwater was of interest in both safety as well as capacity. The City has upcoming CIP roadway projects in the area and is looking to identify opportunities for storage of stormwater. There is the potential that the proposed ponds as part of this project could be designed to be able to accommodate a portion of the roadway runoff as well. 4. Summary a. The Planning Commission was generally supportive of the sketch plan as currently proposed. 27 City Council Item May 22, 2023 Item Discuss THC and Adult Use Cannabis Legislation File No.Item No: A.2 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Discussion item. City Council may provide direction to city staff for future action. Motion Type N/A Strategic Priority N/A SUMMARY Jack Brooksbank, Campbell Knutson, will provide a presentation on law changes to the THC and Adult Use Cannabis statutes. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 28 ATTACHMENTS Cannabis Legalization Presentation 29 Minnesota Cannabis Legalization 2023 JACK BROOKSBANK 30 2023 is [almost certainly] the year! Both houses of the Legislature have passed legislation legalizing cannabis Governor Walz has pledged to sign the bill This presentation provides an overview the legislation Note that there are lots of practical details to be worked out by regulators Several provisions make explicit reference to upcoming regulations Photo: Ken Lund, https://https://www.flickr.com/photos/75683070@N00/42263186440, via Creative Commons 31 High-Level Plan: 1.Legalize private individual purchase, possession, use, and limited growing (8 plants per residence) ◦Starting July/August 1, 2023 ◦It appears possession is legalized July 1; however, the statutes imposing criminal penalties for possession are not changed until August 1 ◦Reporting indicates August 1 2.Commercial growth, processing, and sales under regulation of new state Office of Cannabis Management (OCM) ◦Starting as early as January 1, 2024 3.Expungement of convictions under previous laws ◦Handled through BCA, likely limited or no city involvement NOTE: STILL NO CHANGE TO FEDERAL LAWS 32 Use Broadly permits adult (21+) use and possession ◦Limits on potency, quantity possessed ◦May possess larger amount in home than in public ◦May give without payment up to limited amount ◦May grow plants at home buy may not make concentrates at home Limited restrictions on use ◦May use in private residences, on private property NOT generally open to the public, or at a licensed premises ◦Subject to general smoking prohibitions ◦May not use or possess open packages in motor vehicle ◦May not use or possess in schools or correctional facilities ◦May not use where secondhand smoke could affect minors Photo: Cannabis Culture, https://www.flickr.com/photos/42890798@N04/15263317230, via Creative Commons 33 Office of Cannabis Management State administrative agency ◦Due for creation July 1, 2023 ◦Commercial operations could begin January 1, 2024 ◦Reporting, agency website, legislation’s author all indicate that will be unlikely to start sales until as much as a year later Agency will conduct studies and provide reports ◦Including recommendations for need to change transportation laws ◦Pilot programs for new testing methods ◦Use prevalence, adverse events ◦Recommendations to reduce use by underage individuals Responsible for regulating cannabis industry Will take over medical cannabis program starting 2025 34 Commercial Regulation Cannabis businesses split into categories ◦16 license types ◦Split between cultivation, manufacture, distribution, and retail ◦Further split between “full strength,” “lower- potency,” and medical ◦Also includes “microbusiness” and “mezzobusiness” ◦Think craft brewery, more “farm to table” This presentation mainly focuses on retail regulations Note that cannabis businesses are still subject to general business regulations such as zoning ◦A cannabis cultivator is still an agricultural business and regulated as such ◦Food and beverage production still requires food handler permits and must contain food- approved ingredients ◦Etc. 35 Cultivation Licensed by state ◦Cultivator, Microbusiness with endorsement, Mezzobusiness with endorsement Size limits ◦Indoor vs. outdoor ◦Restriction on other licenses OCM to establish rules ◦Cultivation and growing ◦Allowable chemical use ◦Fertilizer ◦Pesticides ◦Water use ◦Waste processing ◦Odor 36 Retail Sales Will create separate businesses for cannabis sales ◦Think liquor stores ◦City may operate own store, like a municipal liquor store, but not exclusive Subject to State Licensing and Regulation ◦Some home growing allowed, but no sales of any products without state license ◦Initial license fees and renewal fees ◦Restricted on size of operation ◦Maximum number of retail locations ◦Restriction on concurrent licenses held ◦Limitation on types of products sold ◦Includes specific restrictions preventing products that appeal to children ◦Restriction on display and storage of products ◦Compliance requirements ◦Age verification, etc. State will issue licenses based on demonstrated compliance with regulations and equity score ◦Including consideration of applicant, proposed location, and market conditions Photo: Rick Obst, https://www.flickr.com/photos/46052415@N08/33830584393,via Creative Commons 37 What about the current products? Will remain legal without change until January 1, 2024 Will then also be governed by State licensing ◦Includes manufacturer, retail setup ◦Exempted from most local control ◦Enforcement under MDH until 2025, then transfer to OCM May sell other products without restriction ◦If have proper licensing, e.g. tobacco ◦May sell for on-premises consumption if licensed ◦Extra license endorsement, requires separated designated consumption space Photo: Elsa Olofsson, https://www.flickr.com/photos/elsaolofsson/52443206175/in/photostream/, via Creative Commons 38 Municipal Regulation Municipal regulations are generally preempted ◦May not ban use, possession, or transportation ◦May not prohibit businesses from operating if licensed by the state So what role is left? Three areas: 1.Zoning 2.Specific regulations exempted from preemption 3.Enforcement and compliance 39 Zoning Cannabis businesses will simply be another type of legal business, subject to the City’s general zoning regulations. ◦An explicit condition of obtaining a retail license will be demonstrating compliance with local zoning regulations. ◦The City will therefore have the power to choose where the businesses may be located The City may choose to designate businesses as conditional uses to address specific concerns ◦E.g. lighting, security windows, etc. ◦Specific setbacks from schools ◦Must ensure that conditions are not preempted by state licensing regulations ◦Legislation added more security requirements recently, might limit local ability to regulate Note: while the City may choose which zoning districts will allow cannabis businesses, the City cannot ban those businesses. The City should therefore designate at least one zoning district allowing cannabis businesses. 40 Note: Moratorium Local governments may adopt a moratorium on cannabis businesses lasting until January 1, 2025 ◦Provision to conduct study on best way to handle zoning ◦Can be internal staff review, but must be a study ◦Includes full strength and lower-potency businesses—anything licensed under new law ◦Could be passed in conjunction with existing moratorium ◦Requires public hearing before going into effect 41 Remaining Local Regulation City may not license businesses, ban businesses, or ban use or possession May adopt ordinances adopting “reasonable restrictions on the time, place, and manner of the operation of a cannabis business” ◦Not entirely clear what this will mean beyond generally applicable zoning and business regulations ◦Specifically mentions setbacks: ◦1000 feet of a school ◦500 feet from a daycare, residential treatment facility, or “attraction within a public park that is regularly used by minors” like a playground ◦Specifically mentions hours of operation ◦Businesses can sell between 10:00 am and 9:00 pm; cannot sell between 2:00 am and 8:00 am (10:00 am Sundays) ◦City may restrict the hours not listed above City will be involved in state licensing process: ◦After application, City will be asked to certify if proposed business complies with zoning, fire code, and building code ◦City may provide “any additional information it believes is relevant” to application such as concerns about location or specific applicant 42 Local Registration Businesses making retail sales, including low -potency hemp, must register with the city City must issue registration if ◦Applicant has valid state license ◦Applicant has paid registration fees ◦Applicant passes any initial compliance checks ◦Applicant is current on local taxes and assessments City may impose registration fees for initial registration and registration renewal ◦Initial application: lesser of $500 or half state license fee ◦Renewal: lesser of $1,000 or half of state license fee City may limit number of full -strength registrations available ◦Not fewer than 1 license per 12,500 residents ◦May decline registration if one active registration per 12,500 residents countywide 43 Enforcement and Compliance May make use in public a petty misdemeanor Cities are responsible for conducting compliance checks assessing: ◦Age verification ◦Like with liquor, will do unannounced checks by having an underage person attempt to purchase cannabis ◦Operation requirements ◦Types of products sold, hours of operation, age of staff, etc These compliance checks must be done at least once per year for each permit holder City may also continue to ensure compliance with all local ordinances such as zoning, sign ordinances, snow removal, etc. 44 Enforcement Powers: All preexisting power to enforce local ordinances OCM will set up complaint process to report license violations; must give cities “expedited” process Potential registration suspension: ◦If the city determines that a business is in violation of its state license, or ◦If the business is “an immediate threat to the health or safety of the public” City has limited suspension power ◦Suspension may be for no longer than 30 days ◦Must immediately notify state office ◦State may then impose longer license suspension or cancellation ◦City may reinstate registration early if problems are addressed ◦City may impose civil penalty of up to $2,000 per violation if business continues to operate during suspension Appeals: maximum 30-day suspension if City suspension, then becomes State action. But, likely still needs city appeal mechanism to avoid constitutional due process or takings issues 45 Finance: How is this all being paid for? Law contains about $70 million in state appropriations for initial funding Long term funding by 10% sales tax on all sales ◦Comparatively low ◦Other states legalizing have started with lower initial rate to quash black market ◦Could increase Of tax money collected: ◦80% to general revenue ◦20% to dedicated local government aid account ◦50% of this account to counties, 50% to cities ◦Will be distributed based on share of total cannabis businesses located in each city 46 State Aid/Assistance State OCM charged with compiling informational reports and setting initial regulations OCM also tasked with drafting model ordinances for cities ◦We expect the office will work closely with the League of Minnesota Cities on these model ordinances ◦Will likely cover licensing, enforcement; may not address zoning of business controls as those are more purely local issues State aid for local law enforcement ◦Training for compliance enforcement ◦Financial aid for local law enforcement training ◦Impaired driver assessment ◦Field testing/evaluation ◦Drug recognition expert assistance ◦State support for enforcement activities 47 Next steps for the City: 1.Start thinking about zoning: a.Where should cannabis businesses be located? •Liquor stores are currently permitted uses in BH district b.Permitted vs. Conditional use 2.Review general regulations a.Loitering b.Smoking in public c.Public nuisance (noise, odor) 3.Business regulations a.Registration b.Time, Place, Manner (hours of operation, etc.) c.Number of licenses d.Fees (up to ½ State fees) e.Enforcement/Appeals 48 Next Steps Cont. 4.State model ordinances a.We will follow these as they develop 5.Police: a.Research available trainings b.Reach out to state associations etc. about potential funding for training 6.Internal Policy a.Consider amending employee handbook b.Clarify expectations for employees c.Prohibit possession on the clock/on City property 7.Use Regulations a.Penalty for use in public 49 Ordinances 1.Zoning Ordinance regarding cannabis businesses •Will require notice, public hearing •Likely need to permit businesses in at least one zoning district •Setbacks 2.Business regulations •Likely best to set up new section, potentially article 10-IX in chapter 10 •Set desired maximum number of licenses •Hours of operation •Local registration •Compliance checks •Registration suspension and appeal 3.Fees 4.Use •Penalty for use in public 5.Moratorium if desired 50 Questions? 51 City Council Item May 22, 2023 Item Future Work Session Schedule File No.Item No: A.3 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY The City Council is tentatively scheduled to hold the following work sessions: June 5, 2023 (meeting moved from June 12) June 26, 2023 2024 Preliminary Budget and Levy Discussion City Council Roundtable July 10, 2023 Organizational Study/Staffing Study Presentation, Raftelis Presentation of Audit Results, Redpath BACKGROUND 52 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 53 City Council Item May 22, 2023 Item National Public Works Week Proclamation File No.N/A Item No: C.1 Agenda Section PUBLIC ANNOUNCEMENTS Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION Proclaim the week of May 21-27, 2023 as National Public Works Week Motion Type N/A Strategic Priority Operational Excellence SUMMARY The American Public Works Association (APWA) annually designates a National Public Works Week (NPWW) in May as a way to provide outreach to citizens and to recognize the great work public works staff do managing our nation's physical infrastructure. Public Works at the national level includes Parks Maintenance. BACKGROUND N/A DISCUSSION The action is to read the proclamation publicly and to have the City Council sign the commemorative poster that will get displayed on the wall at the Public Works facility. A staff appreciation lunch will also be provided to the Public Works/Parks Maintenance staff on Tuesday, May 23. 54 BUDGET N/A RECOMMENDATION N/A ATTACHMENTS 2023 National Public Works Week Proclamation 55 OFFICE OF THE MAYOR CITY OFCHANHASSENMay 22, 2023 Mayor Elise Ryan NATIONAL PUBLIC WORKS WEEK PROCLAMATION MAY 21-27 2023 WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the Chanhassen; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are responsible for maintaining, improving and protecting our city’s transportation, drinking water supply, wastewater collection, public buildings, parks, drainage, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders, and children in Chanhassen to gain knowledge of and to maintain an interest and understanding of the importance of public works and public works programs in our community; and, WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association; be it now, RESOLVED, I, Mayor of the City of Chanhassen, do hereby designate the week May 21-27, 2023 as National Public Works Week; I urge all citizens to join the City Council to pay tribute to our public works professionals, and to recognize the substantial contributions they make to protecting our community’s health, safety, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City, DONE at the City of Chanhassen, Minnesota this 22nd day of May, 2023. 56 City Council Item May 22, 2023 Item Invitation to Memorial Day Ceremony - May 29, 2023 File No.Item No: C.2 Agenda Section PUBLIC ANNOUNCEMENTS Prepared By Mitchell Czech, Recreation Supervisor Reviewed By Laurie Hokkanen SUGGESTED ACTION Invitation Motion Type N/A Strategic Priority Communications SUMMARY The City of Chanhassen along with the Chanhassen American Legion Post 580 are proud to co-host the annual Memorial Day Ceremony on Monday, May 29. Please join us as we honor those who have died in service to our great country during a traditional Memorial Day Cemetery service in addition to a ceremony in City Center Park. Cemetery services will take place at Leach Cemetery (7:45 am), Chanhassen Pioneer Cemetery (8:15 am), and St. Hubert's Cemetery (10:15 am). The Memorial Day Ceremony will take place at City Center Park at 12:00 pm. Command Sergeant Major Tom Trost (Ret.) and Richard (Dick) Middleton will be joining us as the keynote speakers for our ceremony. This event is free to the public and we invite all Chanhassen residents, friends, and family to attend to help honor those who have fallen in service. BACKGROUND 57 DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 2023 Memorial Day Flyer 2023 Memorial Day Program 58 MEMORIAL DAY CEREMONY CHANHASSEN’S ANNUAL Hosted by the Chanhassen American Legion Post 580 and City of Chanhassen. MONDAY, MAY 29 CHANHASSEN VETERANS MONUMENT CITY CENTER PARK, 7700 MARKET BOULEVARD DOWNTOWN CHANHASSEN ChanhassenMN.gov/memorialday MEMORIAL DAY SCHEDULE 7:45 AM Leach Cemetery Service 8:15 AM Chanhassen Pioneer Cemetery Service 10:15 AM St. Hubert’s Cemetery Service 12:00 PM City Center Park, Memorial Day Ceremony Please join us as Chanhassen honors the fallen who have served our great country along with the Chanhassen American Legion Post 580 during a traditional Memorial Day Cemetery service in addition to a ceremony in City Center Park. 59 Please Rise Commemorative Wreath Tribute.................................Glenn Anderson, Post Commander, Chanhassen American Legion Post 580 Honor Guard, Chanhassen American Legion Post 580 Lloyd Engler, Sergeant-At-Arms Chanhassen American Legion Post 580 A Memorial Day Memory .................................................Command Sergeant Major Tom Trost (Ret.) Dick Middleton, Chaplain, Chanhassen American Legion Post 580 Final Honors ..........................................................................Lloyd Engler, Sergeant-At-Arms Chanhassen American Legion Post 580 Honor Guard, Chanhassen American Legion Post 580 • Rifle Volley • Taps Benediction ...........................................................................Dick Middleton, Chaplain, Chanhassen American Legion Post 580 Please be seated Closing Remarks .................................................................Glenn Anderson, Master of Ceremonies Chanhassen American Legion Post 580 America The Beautiful ......................................................Please join Kim Carlander, 3rd District Auxiliary President, in singing Oh beautiful for spacious skies, for amber waves of grain, For purple mountain majesties above the fruited plain! America, America, God shed his grace on thee, And crown thy good with brotherhood from sea to shining sea. Oh beautiful for pilgrim feet, whose stern impassioned stress, A thoroughfare for freedom beat across the wilderness! America, America, God mend thine every flaw, Confirm thy soul in self control, thy liberty in law. Oh beautiful for patriots dream that sees beyond the years, Thine alabaster cities gleam undimmed by human tears! America, America, God shed his grace on thee, And crown thy good with brotherhood from sea to shining sea. MEMORIAL DAY CEREMONY MAY 29, 2023 12 PM CHANHASSEN Restrooms located in the lower level of City Hall 60 MEMORIAL DAY CEREMONY CITY CENTER PARK CHANHASSEN For those who man the battle line, the bugle whispers low, and freedom has a taste and price, the protected never know... Author Unknown Welcome .........................................................................................Glenn Anderson, Post Commander Chanhassen American Legion Post 580 Please Rise Presentation of the Honor Guard .......................................Lloyd Engler, Sergeant-At-Arms Chanhassen American Legion Post 580 Honor Guard, Chanhassen American Legion Post 580 • POW/MIA Tribute • Fallen Soldiers Battlefield Cross Pledge of Allegiance ..................................................................Glenn Anderson, Post Commander Led by Chanhassen Scouts, Troop 330 The Star-Spangled Banner .....................................................Please join Kim Carlander, 3rd District Auxiliary President, in singing Oh, say can you see by the dawn’s early light, What so proudly we hailed at the twilight’s last gleaming. Whose broad stripes and bright stars through the perilous fight, O’er the ramparts we watched were so gallantly streaming. And the rocket’s red glare, the bombs bursting in air, Gave proof through the night that our flag was still there. Oh, say does that star-spangled banner yet wave, O’er the land of the free and the home of the brave. On September 13, 1814, Francis Scott Key was on board one of the ships of the British fleet in Chesapeake Bay during the siege of Fort McHenry. In the morning, after heavy shelling throughout the night, he was so delighted to see the American flag still flying over the fort that he began a poem to commemorate the occasion. “The Star-Spangled Banner” was officially designated as the national anthem by Congress in 1931. Invocation ......................................................................................Dick Middleton, Chaplain, Chanhassen American Legion Post 580 Scripture Reading Please be seated God Bless America .....................................................................Performed by the Chan-o-laires, led by Carol Peickert Please join us in singing God bless America, land that I love Stand beside her and guide her Through the night with the light from above From the mountains to the prairies To the oceans white with foam God bless America, ‘ my home sweet home God bless America, my home sweet home Honoring Those Who Have Fallen ......................................Elise Ryan, Mayor of Chanhassen Salute to the Armed Forces ..................................................Performed by the Chan-o-laires, led by Carol Peickert Please stand for your branch of service’s song AIR FORCE ................................Off we go into the wild blue yonder, climbing high into the sun, Here they come zooming to meet our thunder, At ‘em boys, Give ‘er the gun! Down we dive, spouting our flame from under, Off with one terrible roar. We live in fame or go down in flame. Nothing’ll stop the U.S. Air Force! ARMY ..........................................Over hill, over dale, we have hit the dusty trail, And those caissons go rolling along. In and out, hear them shout, marching all about. And those caissons go rolling along. For it’s high, high, hee, in the field artillery. Count out your numbers loud and strong: two, three, four, hut, two, three! And where e’er you go, you will always know, That those caissons go rolling along. COAST GUARD .........................We’re always ready for the call. We place our trust in thee, Through surf and storm and howling gale, high shall our purpose be. Semper Paratus is our guide, our fame, our glory too, To fight to save or flight and die! Aye! Coast Guard we are for you! MARINE CORPS .....................From the Halls of Montezuma to the shores of Tripoli, We will fight our country’s battles in the air, on land and sea. First we fight for right and freedom and to keep our honor clean. We are proud to claim the title of United States Marine. NAVY ...........................................Anchors aweigh, my boys! Anchors aweigh! Farewell to college joys, we sail at break of day. Through our last night on shore, hail to the foam! Until we meet once more, here’s wishing you a happy voyage home! - over -61 City Council Item May 22, 2023 Item Old National Bank Sponsorship Recognition File No.Item No: C.3 Agenda Section PUBLIC ANNOUNCEMENTS Prepared By Priya Tandon, Recreation Manager Reviewed By Laurie Hokkanen SUGGESTED ACTION N/A Motion Type N/A Strategic Priority N/A SUMMARY The City of Chanhassen would like to recognize and thank Old National Bank for generously supporting the City of Chanhassen's Summer Concert Series program. Old National Bank (formerly KleinBank) will be sponsoring the summer concert series for the 16th season this year. Old National Bank has been the title sponsor of the concert series since 2008, making free musical performances for residents and community members possible. The concert series has become a tradition and gathering place for over 2,000 Chanhassen residents and families annually, and would truly not be possible without Old National Bank's generous support. Old National Bank Chanhassen has contributed $3,000 towards the Concert Series for the 2023 season. Summer Concert Series performances are held Thursdays, June 8-August 3 in the City Center Park Plaza, from 6:30-8 p.m. Make sure to stop by to enjoy the musical performances, concessions, and say thank you to Old National Bank Chanhassen for supporting our community! Attached to this item is the full 2023 summer concert lineup, along with a look-back to the flyer from 2008, the first year of Old National Bank/Klein Bank's sponsorship of the series. 62 BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 2023 Concert Series poster 2008 Concert Series poster 63 JUNE 8 JUNE 29 JULY 27 JUNE 15 JULY 13 AUG 3 JUNE 22 JULY 20KICK OFFNorthern Winds Concert Band Craig Clark Band The Fawn & The Flame The Jolly Huntsmen Capital Sons Geoff Elvee The Salsa del Soul Quintet ft. Frank Rivery Information at ChanhassenMN.gov Check our website for an updated list of weekly performances. SPONSORED BY OLD NATIONAL BANK CITY OF CHANHASSENSUMMERCONCERT SERIES THURSDAYS | 6:30-8 PM CITY CENTER PARK DOWNTOWN CHANHASSEN FOOD TRUCKS CHANHASSEN BREWING COMPANY & CONCESSIONS AT EVERY PERFORMANCE! American Bootleg 64 Jonathon Pemberton Quartet thursday, june 12, 7pm - 8pm The Splatter Sisters thursday, june 19, noon - 1pm Lehto & Wright thursday, june 26, 7pm - 8pm Sticks and Tones thursday, july 10, noon - 1pm Boyd Lee and Joe Cruz thursday, july 17, 7pm - 8pm Minnesota Valley Community Band thursday, july 24, 7pm - 8pm Ticket to Brasil thursday, july 31, 7pm - 8pm The High 48s thursday, august 7, 7pm - 8pm Join us at the Chanhassen City Center Park Plaza 65 City Council Item May 22, 2023 Item Approve City Council Minutes dated May 8, 2023 File No.Item No: D.1 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By SUGGESTED ACTION "The Chanhassen City Council approves the City Council minutes dated May 8, 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 May 8, 2023 66 City Council Regular Meeting Minutes dated May 8, 2023 67 CHANHASSEN CITY COUNCIL WORK SESSION MINUTES MAY 8, 2023 Mayor Ryan called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman McDonald, Councilwoman Schubert, Councilman von Oven, and Councilman Kimber. COUNCIL MEMBERS ABSENT:None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, Public Works Director/City Engineer; Eric Maass, Planning Director; Jerry Ruegemer, Park & Recreation Director; Ari Lyksett, Communications Manager; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Bryan Harjes, HKGi DISCUSS CITY COUNCIL PROTOCOLS Mayor Ryan reviewed City Council protocols and best practices for both the work session and regular meetings. Work sessions are more casual, and a give-and-take format is acceptable. During regular meetings, staff and council need to direct specific comments or questions to the Mayor and wait for them to be acknowledged. Guidelines for Visitor Presentations were reviewed with suggested updates, including allotting a total of thirty minutes for Visitor’s Presentations and giving priority to Chanhassen residents. An additional thirty minutes may be provided after General Business items are complete at the discretion of the City Council. FOLLOW-UP DISCUSSION ON CIVIC CAMPUS City Manager Laurie Hokkanen introduced the nature and purpose of this two-part discussion. Ms. Hokkanen reviewed the Civic Campus architect interviews with BKV, Snow Kreilich, and HGA (HGA was eliminated as an option). Ms. Hokkanen reviewed BKV and Snow Kreilich’s responses provided in their supplemental documents, which included references for the project manager as well as the firm, project schedule, time allocation, and fee structure. They were also asked to provide information on their approach to AV and Tech within the building. Ms. Hokkanen stated that staff would be comfortable working with either firm. Following discussion, Council favored the architectural firm BKV. Staff will work on moving forward with preparing the contract with BKV and scheduling council approval. 68 City Council Work Session Minutes – May 8, 2023 2 Bryan Harjes of HKGi presented the concept plan, reviewed the community engagement results, and provided a comparison of the proposed facilities/park space with the existing facilities/park space in other communities. The council discussed the community engagement results and the facilities/park space comparisons. Staff was asked to move forward with establishing the project schedule and the council’s involvement in each step. DOWNTOWN REDEVELOPMENT DISCUSSION Planning Director Eric Maass presented information on downtown redevelopment, including items from the 2018 Downtown Vision Plan as well as the Council’s Strategic Plan. The 2018 Downtown Vision Plan included defining a pedestrian network and mixing uses in new developments. Mr. Maass reviewed the downtown land use and subdistricts as well as opportunities for site redevelopment and reinvestment. He reviewed the current redevelopment of The Venue/Aldi’s project and how tax increment financing (TIF) was used for this project. Mr. Maass discussed the redevelopment of the Chanhassen Cinema site including mixed-use development, acquiring adjacent parcels, potential redevelopment of High Timber Lounge/Country Inn & Suites, and remedying the large gap in the pedestrian network on West 78th Street. Downtown design guidelines need updating and the timing is important due to the Cinema closure and the potential of a redevelopment proposal being submitted. Mr. Maass outlined the next steps in moving forward with the redevelopment of this site. Mayor Ryan recessed the Work Session at 6:57 p.m. Mayor Ryan resumed the Work Session at 8:30 p.m. DOWNTOWN REDEVELOPMENT DISCUSSION (continued) Mr. Maass then asked Council questions about prioritizing pedestrian connectivity downtown, pursuing redevelopment opportunities for mixed uses first, and whether staff should pursue the Cinema/High Timber Lounge/Country Inn & Suites redevelopment if TIF assistance is required. The council discussed all of these issues at length. Staff was directed to move forward with the Cinema/High Timber Lounge/Country Inn & Suites redevelopment if presented. FUTURE WORK SESSION SCHEDULE May 22, 2023 Sketch Plan Review: Santa Vera PUD Phase II Discuss THC and Adult-Use Cannabis Legislation June 5, 2023 (moved from June 12) Presentation of Audit Results, Redpath June 26, 2023 2024 Preliminary Budget and Levy Discussion City Council Roundtable July 10, 2023 Organizational Study/Staffing Study Presentation, Raftelis 69 City Council Work Session Minutes – May 8, 2023 3 The work session adjourned at 9:10 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 70 CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES MAY 8, 2023 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Schubert, Councilman McDonald, Councilman von Oven, and Councilman Kimber. COUNCIL MEMBERS ABSENT:None. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, Director of Public Works/City Engineer; George Bender, Assistant City Engineer; Eric Maass, Planning Director; Jerry Ruegemer, Park & Recreation Director; Ari Lyksett, Communications Manager; Andrea McDowell-Poehler, City Attorney; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Pamela McGrann 6540 Fox Path Eric Carlson 7100 Ches Mar Drive PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Mayor Ryan asked to remove item D7 from the Consent Agenda to discuss under General Business. Councilman McDonald moved, Councilman Kimber seconded that the City Council approve the following consent agenda items 1 through 6 and 8 through 11 pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated April 24, 2023 2. Receive Park & Recreational Commission Minutes dated March 28, 2023 3. Receive Commission on Aging Minutes dated March 17, 2023 4. Approve Claims Paid May 8, 2023 5. Approve a Memorandum of Understanding with the Rotary Club of Chanhassen for the 2023 4th of July Celebration 6. Award Contract for 2023 Pavement Striping 71 City Council Minutes – May 8, 2023 2 7.This item was moved to Item G1 under General Business. 8.Resolution 2023-37:Approve Application of Chanhassen Brewing Company to Dispense Intoxicating Liquor off premises in City Center Park Plaza during the 2023 Chanhassen Summer Concert Series 9.Resolution 2023-38:Approve Limited Use Permits with MnDOT 10.Resolution 2023-39:Call for Assessment Hearing for the 2023 Mill & Overlay Project No. 23-04 11.Ordinance 708:Approve Amendment to Section 2-46.13(b) of Chanhassen City Code Amending Economic Development Commission Membership All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Pamela McGrann, 6540 Fox Path, was not able to attend the open house for the redevelopment of the City Campus and commented that she has been appreciative of how carefully the City Council handles the budget and prioritizes expenses. In looking at the plans and evaluation by the construction company, she is in favor of adding on to the current building and would rather see a more cost-effective solution like an addition. Reasons include making economic sense, unforeseen expenses such as spending more money on fire and police as the city grows, and spending money on human capital (mental health services) rather than construction capital may be important going forward. She also spoke about increased regulation and higher quality water and sewer coming down the pike noting that the water in Chanhassen has chemical compounds that are probably higher than they should be. She believes guidelines will lower the acceptable amount and thinks the City Council may want to consider an addition to the building and putting some money into human capital. PUBLIC HEARINGS. 1. Resolution 2023-40: Accept the Bids and Award the Contract for the 2023 City Pavement Rehabilitation Project; and Resolution 2023-41: Adopt Final Assessment Roll Assistant City Engineer Bender gave a presentation on the 2023 City Pavement Rehabilitation Project, key dates related to this project, the approved plans and specifications, and six responsive bids received on April 7, 2023. He shared about public notice including notification letters and assessment amounts, two open houses, and tonight’s public hearing. Mr. Bender explained that the significant decrease in special assessment amounts is thought to be primarily due to existing market conditions at the time of the bid. He presented the remaining schedule, overall budget including Alternatives No. 1 and 2, and staff finding that the project is within budget, the final assessment amounts are within the standard range the city typically sees, and are reasonable for the work being specified. 72 City Council Minutes – May 8, 2023 3 Mr. Bender stated that staff recommends the City Council hold a public hearing and adopt a resolution accepting the bids and approving a contract to Northwest Asphalt with Alternatives No. 1 and 2 included. Staff also recommends that the City Council adopt a resolution adopting the final assessment roll for the 2023 City Pavement Rehabilitation Project No. 23-01. Mayor Ryan asked for a summary of the public feedback so far. Mr. Bender noted that the vast majority are in favor of the project; as always there are some who question how it is funded and do not like the assessments. After discussion, sometimes they can come to an understanding of why it is funded through assessment and not through taxes. Councilman von Oven asked if the city has adjusted communication for the future in thinking about 2024. Mr. Bender replied in the affirmative, noting the city has sent a notification letter to the properties affected by the 2024 projects. After budgeting is done and the Capital Improvement Map is adjusted, the city will send a notification to the 2025 properties. Director of Public Works/City Engineer Howley stated the city sent the 2024 notifications one month ago and today, 30 of those have signed up for Notify Me. Mayor Ryan opened the public hearing. Eric Carlson, 7100 Ches Mar Drive, noted he did not receive an invite to the open house on May 2. He is here to address the Ches Mar portion of the project, noting the quoted costs were in the range of $5,500 if completed with other projects or $7,500 if it was standalone. Mr. Carlson’s assessment came in at $8,344.75, a 51% increase from what was quoted on the project. He is also representing Barb Johnson, age 81 and on a fixed income, noting the additional cost is concerning. He noted the road has not been maintained in the 11 years he has lived on Ches Mar Drive and a neighbor stated there has not been any rehabilitation work done on the road in 21 years. Due to lack of maintenance, the road is much worse than they believe it should be had it been maintained. Mr. Carlson’s concerns were stated clearly in January in a meeting with Mr. Bender and now they are being asked to pay 51% more than what they had agreed to. He is here representing two of the three parcel members in stating they feel that the cost difference of $2,844.75, exceeding what they were told the combined project estimate would be, should be the city’s responsibility. Mr. Carlson stated that they pay tax dollars to maintain the road and their road has not been maintained. The road clearly needs to be replaced and he appreciates the City Council’s consideration. Mayor Ryan closed the public hearing and returned the discussion to the City Council. 73 City Council Minutes – May 8, 2023 4 Councilwoman Schubert asked whether there is a precedent if the City Council tabled the Ches Mar Drive project until the next meeting and voted on everyone else but that area, as she wants to be sure they are addressing Mr. Carlson’s concerns. Mr. Bender deferred to Attorney McDowell-Poehler as he does not believe that in his time with the city an individual area has been tabled. Attorney McDowell-Poehler agreed with Mr. Bender. Mayor Ryan noted that is something the City Council can consider. She asked Mr. Bender to explain how the assessment went from the understanding of $5,500 to $7,500 and to over $8,000 as that is where the confusion lies. Mr. Bender explained that at that time the city was looking at a mill-and-overlay project; after additional engineering and geotechnical information, it was determined that a mill and overlay is appropriate for the project. He agrees with Mr. Carlson that the road is not in good condition and that does not lead to a mill-and-overlay project being successful. Mr. Bender noted no guarantees were presented at the aforementioned meeting and there was discussion about going to full-depth reclamation (FDR) which explains the range of numbers presented at the time. He understands the difference between $7,500 and $8,300 is a bit more and agrees with that; he presented an area that the city tried to help those property owners noting there are two Carver County park parcels on Ches Mar Drive which are included in the assessment calculation creating five parcels rather than three parcels. He noted that the problem is that there are only three parcels on that stretch of road which is why the assessment number is higher. Mayor Ryan asked who was involved in the conversation mentioned and if the price ranges were shared with residents. Mr. Bender noted it was himself, Project Engineer Erik Hendrickson, and the 4-5 residents who attended the meeting. Those discussions are an initial “feeling out” process to see if residents want something done for the road, which was the primary point of the discussion and included the city trying to give estimated ranges on the project. Until the design process happens, it is hard to estimate costs and Mr. Bender noted they were much higher on this project. Mayor Ryan asked about the comment that the road has never been touched, asked about mill and overlay versus full-depth reclamation, and the question whether this road has never been touched before. Mr. Bender stated that as far as he is aware it has not received major rehabilitation such as a mill and overlay or a full-depth reclamation; however, it would have received regular maintenance such as pothole patching. Mr. Howley clarified that in adding Ches Mar Drive, the Bramble project, and some of the other roads, it was the acknowledgment that some roads do not have utilities underneath them that 74 City Council Minutes – May 8, 2023 5 have not received any maintenance. Staff, with Mr. Howley as Director, noted they owe it to the residents to do something because the roads are in tough shape, which the city acknowledges 100%. The outreach spoken about with Mr. Bender was a discussion that the city was thinking about doing something and whether the residents were comfortable with it; if they were fine with a gravel road, they could turn it into a gravel road. If the residents would rather invest some money in assessments, the city could do a project. He noted that was the “feel-it-out” of the meeting and Mr. Bender acknowledged that they clearly thought it would be a mill and overlay, which was not correct. He noted the road would fall apart immediately with a mill and overlay and needs to be a full-depth reclamation. Had the city known that at the time, the numbers would have been a lot closer to those noted this evening, if not higher. Prices are high because of how unique the project is, and he would argue the cost of the project is not because the city has not maintained it for 50 years; if they had one mill and overlay 30 years ago, they would still be doing a full-depth reclamation tonight. He noted the City Council could assess whatever they want but it might be difficult to decide and noted if they table there is a construction schedule that would give or take losing two weeks. Mayor Ryan noted it has not been done and asked whether it is allowed to table the individual project while still allowing to move forward with the other projects. Attorney McDowell-Poehler will defer to City Manager Hokkanen’s idea which is to adopt the resolution tonight. The City Council can always adjust it, if it is appropriate, for those residents after the fact. This would be an amendment to the resolution to the assessment amount. She noted it could be at the next meeting or two or at any time. Councilman Kimber asked where the initial $5,500 estimate came from as it is a big jump. Mr. Bender noted it would have been a range associated with a mill and overlay or a full-depth reclamation job due to additional expenses associated. A mill and overlay was estimated at around $5,500 and a full-depth reclamation was estimated in the $7,500 range. Councilman Kimber asked about the percentage changes, noting Mission Hills is 35% lower than the initial assessment and Saddlebrook at 26% lower than the assessment, and Ches Mar Drive is only 3% lower. Mr. Bender noted that it is a length versus the number of roadways versus the number of parcels. However, it is based on the numbers given by the contractor and noted that they break down the numbers by individual area in the bid. He shared about the two smallest areas with lineal footage and the contractor having to move equipment around. He would speculate to say that it is based on the length versus the number of properties. Councilman von Oven asked how it became a full-depth reclamation. Mr. Howley explained that the city received more information from a geotechnical investigation that changed the project from mill and overlay to a full-depth reclamation. 75 City Council Minutes – May 8, 2023 6 Councilman von Oven clarified that in a February meeting the $8,619 would have been communicated with all three property owners on the street. Mr. Bender replied in the affirmative. Mayor Ryan noted Mr. Carlson did not get notification of that meeting and so was unaware. She asked if Ches Mar Drive is removed, would Northwest Asphalt rebid the entire project. Mr. Bender thinks it is a smaller area and a conversation would have to be had with Northwest. It could be a reasonable ask from a change-order perspective. Attorney McDowell-Poehler agreed and does not know if the contract has language regarding the removal of projects or decreasing the scope of work. Mr. Howley noted the city looked at that, but the language could not be added because it was too extensive. Attorney McDowell-Poehler stated that the city may need to negotiate with the contractor and perhaps need to rebid it if changes were significant. Mayor Ryan stated that if the city pulls Ches Mar Drive from the project the price could be higher in the future. Mr. Bender agreed. If the city asked Northwest to start in a different area than Ches Mar Drive, he thinks they would be receptive, given what was discussed tonight. Mr. Howley clarified that if Ches Mar Drive were a project by itself, bid alone, it would likely be higher than the price the city has received. Mr. Bender agreed. Councilman Kimber heard that the road needed repair, so the city changed the scope and thus the amount changed. In taking out Ches Mar Drive and looking at the other six projects, the average price change was about 3% and asked if the city could apply that same discount to Ches Mar Drive which puts them at $2,005 less than the assessment. Councilwoman Schubert asked if the city would then need to apply the discount to the two county properties. Mr. Bender clarified that the two county properties are not being assessed but are included in the calculation to benefit the three properties that are being assessed. They are non-revenue properties. 76 City Council Minutes – May 8, 2023 7 Councilman von Oven asked what they tell people over the next three years that see a final assessment and are not receiving a discount. He noted opening that Pandora’s Box makes him extremely nervous. He would want to know something specific about this case that can be reproduced as a solution in the future. Councilman McDonald stated there is a reason the road hasn’t been taken care of in 20 years and in his experience, they may not have wanted it. He is not in favor of giving a discount because once the city does that, they are in trouble. Other streets in the past years have approached the city for a discount and they do not want to get into that business as it has become a question of fair application across the board. He is sorry the assessment went up, however, they cannot do a mill and overlay. He noted that if they pull the project, the price could go up another $2,000 on top of the $8,000. Mr. McDonald clarified that if the city gives a discount, it is coming out of the pockets of their neighbors. Councilman Kimber understands that it would set a future precedent and thanked Councilman McDonald for his explanation. Councilwoman Schubert would like to table for two weeks and get more information on past pothole patching, as well as why the property owners were not notified. She would feel more comfortable voting with those answers. Mayor Ryan initially wanted more information like Councilwoman Schubert. She does not know how that would change the situation, and she is very concerned about precedent if the council starts changing assessments for some neighborhoods over other neighborhoods. Going forward she wants to send notifications with clear communication on the project so they are not in a situation like a mill and overlay versus a full-depth reclamation. Councilman McDonald moved, Councilman von Oven seconded that the Chanhassen City Council adopt Resolution 2023-40, accepting the bids and approving a contract to Northwest Asphalt with Alternatives No. 1 and 2 included and adopt Resolution 2023-41 adopting the final assessment roll for the 2023 City Pavement Rehabilitation Project No. 23-01. The motion carried with a vote of 4 to 1. Councilwoman Schubert voted nay. Councilman McDonald asked whether the city could lengthen the time period of the assessment to lower the annual costs for those property owners. Attorney McDowell-Poehler noted that the City could do that and would have to adopt a new assessment resolution. She would need to look into it. Ms. Hokkanen explained that the policy states that an assessment of this amount can be paid back over 10 years. She will work with Mr. Howley regarding communication and options the council can consider. 77 City Council Minutes – May 8, 2023 8 GENERAL BUSINESS. 1.Resolution 2023-42:Authorize Entering into a Joint Powers Agreement with Carver County for Trail Rehabilitation along County Highways 17 and 101 Mayor Ryan noted receiving several comments from residents about the safety of crossing around the Lake Susan Hills area. There will be a road and trail project, however, crosswalks and flashing lights are a concern with the rate of speed people travel on the road. She would like to open a conversation and put a little pressure on Carver County to address the concern of the residents. Mr. Howley noted that the city is leveraging Carver County’s road project to repave the city’s trails. The Traffic Safety Committee has received concerns about a particular intersection at the crest of the hill. The city developed a pedestrian crossing policy and if it were a city road (pedestrians and bikes take priority over vehicles), the policy would require an improvement such as markings, zebra crossings, paint, and signs. The county has its own policy (vehicles take priority over pedestrians), and an issue here is the number of people who utilize the crosswalk. If it is not 20 in an hour, it does not check the box for the county. With this project, it would be the time to improve the crosswalk and the city will make a recommendation for an improvement there, however, it is the county’s road, and they could decide to do it or not to do it. He heard from the county earlier that if pedestrian volumes increased, they would be happy to do a project. Mayor Ryan spoke about the Avienda project coming with people biking/walking into the city’s downtown. Councilwoman Schubert asked about the best way to communicate to the county. Mr. Howley wants to be sure the city remains a good partner with the county and does not want to “throw them under the bus.” Residents could find transportation safety staff on the county’s website. Councilwoman Schubert moved, Councilman Kimber seconded that the Chanhassen City Council adopt a resolution authorizing entering into a Joint Powers Agreement with Carver County for trail rehabilitation along County Highways 17 and 101. All voted in favor and the motion carried unanimously 5 to 0. COUNCIL PRESENTATIONS. Mayor Ryan thanked everyone who came and planted trees on Arbor Day. She congratulated Daisy Anderson who was awarded Firefighter of the Year in the Chanhassen Fire Department. ADMINISTRATIVE PRESENTATIONS. None. CORRESPONDENCE DISCUSSION. None. 78 City Council Minutes – May 8, 2023 9 Councilman Kimber 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 City Council meeting was adjourned at 8:29 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 79 City Council Item May 22, 2023 Item Receive Planning Commission Minutes dated April 18, 2023 File No.Item No: D.2 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council Receives the Planning Commission Minutes dated April 18, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Planning Commission Minutes dated April 18, 2023 80 1 CHANHASSEN PLANNING COMMISSION WORK SESSION SUMMARY MINUTES - 6:00 P.M. APRIL 18, 2023 CHANHASSEN FOUNTAIN CONFERENCE ROOM PLANNING COMMISSION MEMBERS PRESENT: Kelsey Alto, Edward Goff, Erik Johnson, Eric Noyes, and Perry Schwartz. PLANNING COMMISSION MEMBERS ABSENT: Ryan Soller. STAFF PRESENT: Olivia Adomabea, Planning Intern, Sam DiMaggio, Economic Development Manager, Bob Generous, Senior Planner, Eric Maass, Planning Director, Kim Meuwissen, City Clerk, MacKenzie Young-Walters, Associate Planner. PUBLIC PRESENT: Unnamed resident. WORK SESSION: Called to Order at 6:15 p.m. by Eric Noyes A.1. Planning Commission Appointments and Oaths of Office At 6:15 p.m., Kim Meuwissen administered and the two Commissioners, Eric Noyes, and Steve Jobe, recited their Oaths of Office and signed the Oath document before a notary public. A.2. Election of Chair and Vice-Chair Perry Schwartz nominated Eric Noyes as chair. Kelsey Alto seconded the nomination. There were no other nominations. The Commission voted 6–0 to appoint Eric Noyes as Chair. Edward Goff nominated Kelsey Alto as Vice-Chair. Perry Schwartz seconded the motion. There were no other nominations. The Commission voted 6–0 to appoint Kelsey Alto as Vice-Chair. A.3. Adoption of Bylaws Eric Maass noted that annually, the Commission was required to adopt their bylaws. As part of the discussion, a time limit of 5 minutes per speaker was recommended, which is similar to City Council procedures. The Commission discussed this item and determined that it was adequate time to allow for public input in the process but would also limit individuals from going on and on about issues that may or may not be pertinent to the discussion. No formal timekeeping was anticipated, and the chair would manage it. A second item of discussion was changing the start time for the Planning Commission to an earlier time. The initial discussion was for a 5:30 start which would allow individuals to come in on their way home from work should they wish to attend a meeting. The Economic Development Commission has this start time, and the Parks and Recreation Commission will be discussing it as part of their bylaw discussion. While the Commission felt that an earlier start was appropriate, there was some concern that 5:30 was too early. Commissioners were concerned that people may not be able to make it that early and may interfere with dinner. As a compromise, a 6:00 was proposed with a corresponding limit of 9:00 end for the start of new business. 81 2 The Commission questioned how the agenda was determined. Staff advised them that we look at the applications and try to determine which item would be able to be reviewed more quickly and try to put those on first to get participants out sooner, rather than having to wait on a more complicated and or contentious item. Regarding the 9:00 end time, there was discussion that sometimes the item may not be able to be completed in that time frame and it may need to be tabled. However, the Commission felt that once an item has been started, the preference was to take it through for a decision, rather than bringing it back on the next agenda. Steve Jobe moved to approve the Planning Commission Bylaws with the amended 5-minute speaker limit and 6:00 start and 9:00 end to the meeting. Kelsey Alto seconded the motion. The motion was approved 6-0. MINUTES B. 1. Approve the Planning Commission Meeting Minutes dated January 17, 2023, and March 7, 2023 Erik Johnson moved, and Kelsey Alto seconded a motion to approve the January 17, 2023, minutes. The Commission voted 5 – 0 to approve the minutes. Kelsey Alto moved and Erik Johnson seconded a motion to approve the March 7, 2023, minutes. The Commission voted 5 – 0 to approve the minutes. DISCUSSION & EDUCATION 1. Role of Planning Commission Eric Maass stated that the Planning Commission is an appointed advisory body to City Council and primarily acts on applications related to the City’s zoning code and comprehensive plan. C.2. Economic Development 101 Sam DiMaggio introduced herself to the Planning Commission and told them she had been with the City for approximately 8 months. Economic development deals with job creation, investment in the community, creating economic well-being, and improving the quality of life. Her job is to provide connections between developers, landowners, and businesses and direct them to the appropriate city staff to coordinate and facilitate their projects. Sam DiMaggio went through various actions and programs she worked on in Shakopee, Le Sueur, and Farmington. She also noted that Eric Maass did the same function in Hastings. Sam DiMaggio is an advocate for businesses in Chanhassen. She is working on a Business Retention and Expansion Program (BR&E), is using new software for tracking activities, has joined the Chamber of Commerce as Ambassador and is a member of Buy Chanhassen. She serves as a contact for new and existing businesses. She noted that new development on green field sites is difficult because most of the sites are challenging. She noted that development and redevelopment is challenging due to increased costs and lack of employees. She relies on the comprehensive plan to provide guidance on development. 82 3 C.3. Development Triangle – Pyramid of Discretion Eric Maass reviewed the development review development discretion levels with the Commission. The Decision Pyramid shows the levels of city discretion from highest discretion for Comprehensive Plans and lowest for building permits. Legislative-type reviews, such as Comprehensive Plan amendments, Code amendments, and rezonings create policy and have the highest levels of discretion. He pointed out that some items were quasi-judicial in review, which requires that the Planning Commission review a project in relation to the regulations in City Code. Comprehensive Plan – legislative. City has the greatest discretion since it is creating policy and vision for the community. Zoning – legislative. City has the greatest discretion since it is creating policy and vision for the community but must be consistent with the Comprehensive Plan. Subdivision – quasi-judicial. Does it meet the requirements of the subdivision ordinance, comply with Code and be consistent with the comprehensive plan. Conditional Use Permits and Interim Use Permits – quasi-judicial. Conditional uses are permitted uses but must meet conditions for their use. The City may require reasonable conditions to mitigate the uses impact. Interim Use Permits are reviewed in the same fashion but have a sunset date to the use. Variance – quasi-judicial. Variance process whereby the Planning Commission sits as the Board of Appeals and Adjustments, where individuals are requesting a deviation from City Code. Site Plan Review – quasi-judicial. Site plans are required prior to construction of new buildings. The City has limited discretion, rather determines if the project complies with City regulations Finally, building permits, which the Planning Commission does not review, but it has the least amount of discretion for the City. If the plan complies with Code, it must be approved. Staff pointed out that it was critical that the Planning Commission be cognizant of the timeframe for review of such items, which must be completed within 60 days unless the City takes a 60-day time extension, or the applicant grants an extension to the review timeframe. C.4. 2040 Comp Plan Overview with Focus on Land Use and Housing Chapters MacKenzie Young-Walters discussed the Land Use and Housing Chapters of the 2040 Comprehensive Plan. The Land Use Chapter guides all the land within the community to show what uses can go where based on the City’s vision of the community. The land is divided into residential, commercial, office, industrial and open space and public spaces. The residential land uses are further divided into different densities of housing from Large Lot to High-Density Residential. Within the residential lands, there are various housing types that can be built. Within the housing chapter, the city included a projected housing demand schematic breaking down the housing demand for different types of housing and ownership categories. This study was prepared by an outside consultant in 2014 so some of the assumptions may need to be revised. In calculating housing demand, staff had to prepare land use absorption rates for each land use within the community to satisfy the Metropolitan Council’s requirement for meeting our minimum housing density as an Emerging Suburban Edge community of 3 units per acre. Based on our analysis, we can meet that standard. 83 4 C.5. Ongoing & Future Development A map of the short-term and long-term development areas was shown to the Commission, which is included in the Comprehensive Plan. This map was overlaid with the five-year development activity that has been reviewed by the Commission. Bob Generous went through an inventory of commercial and residential projects that have been reviewed by the Planning Commission over the past five years. The status of each project was discussed. There are two redevelopment opportunities that may come forward within the downtown area this year. C.6. Planning for the Future & Sustainability Eric Maass presented some trends in planning and sustainability including housing practices beyond the building code, housing affordability, multigenerational, corporation acquisition of single-family homes, multifamily housing, and changing parking requirements. Additional issues related to the changing climate include landscaping and irrigation, electrification (EV charging), and the future of traditional gas stations. Hydrogen as an alternative fuel source was also discussed. The changing retail market was presented. The future of work including the aging population and the increase in remote work was discussed. Finally, the issue of health was addressed including the aging of the population and the health effects of green space. ADJOUNMENT Steve Jobe moved, and Eric Noyes seconded a motion to adjourn the meeting. The Commission voted 6 – 0 to adjourn. The work session ended at 9:10 p.m. Submitted by Eric Maass Planning Director Prepared by Bob Generous, Senior Planner, MacKenzie Young- Walters and Jenny Potter, Sen. Admin. Support Specialist 84 City Council Item May 22, 2023 Item Receive Planning Commission Minutes dated March 21, 2023 File No.Item No: D.3 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 March 21, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Planning Commission Minutes dated March 21, 2023 85 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 21, 2023 CALL TO ORDER: Chairman Noyes called the meeting to order at 7:00 p.m. He noted he will adjust the agenda and begin with the Administrative Presentation. MEMBERS PRESENT: Eric Noyes, Erik Johnson, Perry Schwartz, Edward Goff, Kelsey Alto, Ryan Soller. MEMBERS ABSENT: None. STAFF PRESENT: Bob Generous, Senior Planner; Olivia Adomabea, Community Development Intern, Mackenzie Young-Walters, Associate Planner; Sharmeen Al-Jaff, Senior Planner; Eric Maass, Planning Director, Water Resources Engineer Joe Seidl. PUBLIC PRESENT: Tim and Nancy Crain 1956 Andrew Court Michael Huber 8976 Southwest Village Loop Len Simich Southwest Transit Matt Fyten Southwest Transit Leigh Stoakes Xcel Energy ADMINISTRATIVE PRESENTATION Planning Director Eric Maass invited Sharmeen Al-Jaff forward noting she has served the community for 32 years, spanning 5 decades, and he commends her for her work and for all she has done for the City of Chanhassen and its residents. He thanked her and shared this will be Ms. Al-Jaff’s last Planning Commission meeting as a staff member. Chair Noyes congratulated Ms. Al-Jaff on her retirement. Ms. Al-Jaff stated it has been an honor and a pleasure serving the residents of the community. PUBLIC HEARINGS: 1. 746 CARVER BEACH ROAD - CONSIDER A REQUEST FOR A VARIANCE TO BUILD A POOL, FENCE, AND RETAINING WALLS Community Development Intern Adomabea gave a summary of the staff report noting the applicant is requesting to build a pool, fence, and retaining walls within the require bluff setback and impact zone. The plat was recorded in 1927, zoned single-family residential, with a lot cover of 18.8% which is lower than the required 25%. The home was constructed prior to the city’s bluff ordinance and has numerous non-conforming features. The applicant is asking to rebuild existing retaining walls in poor condition, construct a swimming pool at the current location of a 86 Planning Commission Minutes – March 21, 2023 2 concrete patio, and reinstall fencing that is in poor condition. Staff recommends the retaining wall request is approved. Regarding the pool, it would be an expansion from 240 square feet of the concrete patio with a 275 square-foot pool apron, which would add to the lot cover calculation. Although the project will create an expansion, it is already within the disturbed area within the bluff and will not exceed the 25% lot cover, hence staff recommends approval of the pool request. Regarding fencing, the existing fence on the southern property extends beyond the property line and the applicant wants to resolve that and pool fencing is required by code. Staff recommends approval of the fencing request. Given that the majority of the applicant’s rear-yard is encumbered by the bluff and that the portion in question has already been disturbed, Staff believes the applicant’s request is reasonable. The applicant has revised the original proposal to add 10 square feet and 35 square feet of new impervious surfaces within the bluff setback, and it has its genesis in the circumstances associated with the home's age and the property's topography. Commissioner Schwartz asked if the existing disturbance has modified the integrity of the bluff. Ms. Adomabea stated that the applicant indicated that the retaining wall is failing due to erosion. If the bluff had not been disturbed, erosion would not have been a problem on the property. Commissioner Schwartz asked if the construction of the apron will further disturb the integrity of the bluff. Ms. Adomabea replied in the negative noting the boundary of the proposed pool is not within the bluff area. Mr. Young-Walters noted in talking about disturbance of the bluff, it is very clear that during development they leveled-off a bit of the northwest portion of the bluff to create the building pad and used a series of retaining walls. Some of those walls are not in great condition so part of the application is to repair and re-stabilize those walls. Regarding the pool, they will be replacing a deteriorating boulder wall with a new concrete wall that would shore up that portion of the slope and improve the property from a stability standpoint. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Alto moved, Commissioner Goff seconded that the Chanhassen Board of Appeals and Adjustments approves the variance request to construct a swimming pool, retaining walls, and a fence within the required bluff setback and impact zone, 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. 2. SOUTHWEST VILLAGE - PUD AMENDMENT AND SITE PLAN AMENDMENT TO ALLOW A MULTITENANT USER AND A DRIVE THROUGH FOR A COFFEE SHOP, 680 SOUTHWEST VILLAGE DRIVE 87 Planning Commission Minutes – March 21, 2023 3 Senior Planner Generous gave a summary of his written report noting the applicant is requesting an amendment of an existing PUD to permit a coffee shop with a drive-through, an amendment to sign requirements, and site plan approval for a 12,600 square foot multi-tenant commercial building. The plan is very consistent with commercial development seen in the community, is guided for mixed-use, and Mr. Generous gave history of the property and existing buildings upon it. Regarding signage, the applicant proposes a sign at the location of the drive-through, which would need to be non-illuminated and a monument sign one foot taller than permitted. Staff does not support this amendment. The applicant held a neighborhood meeting and Mr. Generous heard that it went well and that neighbors were in favor of the project. He shared about site-plan review of the building, coffee shop, and drive-through area noting access is from Great Plains Boulevard and Lyman Boulevard. As part of the development, the applicant would provide storm water improvements and an emergency fire access. The city has worked extensively with the architect on an interesting, architecturally pleasing design. Water Resources Engineer Seidl shared about stormwater and water routing on the existing property noting that minimal grading is needed to facilitate construction of the site. The design utilizes three separate storm water BMPs (Best Management Practices) to treat and detain stormwater before discharge. He noted some concerns from staff regarding the proposed irrigation and reuse system in that it does not seem the system is large enough to store the water needed to properly irrigate the area. Staff is asking the applicant for additional information and potentially adjusting the design. Mr. Generous stated staff recommends approval of the amendment to the PUD for mixed-use development and approval of the site-plan for a 12,600 square foot commercial building with drive-through coffee shop. Commissioner Schwartz encourages the use of clean energy or alternative energy sources within the building. Commissioner Alto noted the parking lot would have street lighting and she does not think a lit sign would be any brighter than what the lot currently is. Mr. Generous noted the PUD currently prohibits illuminated signs to the south and that would need to be changed. It also only permits signs on walls that are entrances or street frontage. Commissioner Soller clarified the motion as written would not allow for the illuminated light facing south or the monument sign expansion. Mr. Generous replied in the affirmative. Commissioner Goff asked if they have looked at traffic impacts in the area, and with the Southwest Transit buses. Mr. Generous replied in the affirmative noting a traffic study was done on the project and there are fewer trip generations than originally proposed as part of the estimate. There were no conflicts and level of service will not be degraded. 88 Planning Commission Minutes – March 21, 2023 4 Commissioner Soller asked to look at the overhead of the drive-through noted he has been impacted by poorly designed drive-throughs and wants to be sure this is situated properly. He thinks it looks quite sensible. Len Simich, representing the owner, was a former CEO of Southwest Transit. He introduced Matt Fyten, the interim CEO at Southwest. Matt Fyten noted this transit-oriented development is a great project and they are excited about it. Mr. Simich noted regarding environmental sustainability, the plans already have a lot including geothermal wells, landscaping, pavers, and there are some federal grants that will help, also. Mr. Fyten shared they have been active in sustainability space and have received over $11 million in federal funds over the last year for various sustainability activities. On this site they will install five EV charging stations within the parking ramp and are looking at a raised solar roof on the top-level deck of the parking ramp. Commissioner Alto asked whether the lawn could be a pollinator habitat rather than just sod. Mr. Simich replied they can look at that noting the goal is to be as efficient as possible without damaging the aesthetics and they are open to anything. He asked the Commission to get specific requests to them and they will try to work those in. He shared about other sustainability pieces they will incorporate including LED lights on the site, the irrigation system, rainwater harvesting, and occupancy sensors to cut back on electricity use. Mr. Simich stated Southwest is here to work with the city and comply with them. He shared about a multi-use patio on the site and access for emergency services. Chairman Noyes opened the public hearing. Michael Huber is in favor of solar panels on the roof and the EV charging stations. He has previously mentioned putting solar panels on the roof would hide the HVAC units. He is in favor of not having illuminated lighting on the site and he was concerned about the traffic and the homeowners association being responsible for part of the shared roadways. He does not know if the association can renegotiate due to the increased traffic going into the coffee shop. Chairman Noyes closed the public hearing. Commissioner Schwartz is encouraged to hear about the alternative energy items the applicant is proposing and wishes something was embedded in City Code that made it a requirement. Commissioner Noyes asked to discuss signage on the site. Commissioner Alto spoke about the monument noting it is only one foot to be in compliance. Regarding the coffee shop sign, most traffic is in the morning or during the day and people will 89 Planning Commission Minutes – March 21, 2023 5 know it is there whether there is a lighted sign or not. She is okay with the sign as long as it is not lit and meets the city brand standards for signage. Commissioner Johnson agrees that a lighted sign is not necessary. Regarding adding height to the monument, is it really necessary as the buildings will also have signs on them and will be seen from the road. Commissioner Schwartz noted an illuminated sign indicates that a business is open. In the winter when it gets darker at 4:00 p.m. it could suggest to customers that the businesses are not open. Commissioner Goff stated the way it reads now the two sign variances are not included. If approved, it will get the Applicant off and running and the Commission may see them again for a sign variance. It was mentioned that the applicant has worked closely with the city. He would be in favor of moving forward with the motion as-is. Mr. Generous noted the applicant is allowed to have a lighted sign on the east and west elevation. It is the south elevation that is directly facing residential that is prohibited because there is no entrance and it is not street frontage. Commissioner Schwartz moved, Commissioner Soller seconded the Chanhassen Planning Commission recommends approval of Southwest Village Planned Unit Development (PUD) Mixed-Use, Transit-Oriented Development PUD, Amendment Ordinance, and site plan approval for a 12,600 square foot one-story commercial building with a drive-through coffee shop as shown in plans dated February 17, 2023, subject to the conditions of approval, and adopts the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. 3. XCEL SERVICE CENTER- REZONING FROM A-2 TO PUD, SITE PLAN REVIEW AND WETLAND ALTERATION PERMIT, 1891 ARBORETUM BOULEVARD Senior Planner Generous gave a summary of the Staff report noting the Applicant is requesting a rezoning from Agricultural Estate District to Planned Unit Development Office Industrial PUD, as well as site plan approval and wetland alteration permit for development on the site. The land use plan has guided it for office industrial use on the north side, and Mr. Generous shared about topography and wetlands on the site. This PUD is specifically for the Xcel Service Center which defines five buildings, parking lot, storage buildings, and a communications tower. Mr. Generous noted a maintenance building for the servicing of boom trucks that will be extended 55 feet in the air. He shared about sewer, water, storm water treatment, an outdoor storage area on the site, and walked the Commissioners through the proposed design. The top of the vehicle storage building will be constructed and designed to install solar panels at a later time. Mr. Generous shared about architectural design, sidewalks, an employee patio area, lighting, and landscaping. Water Resources Engineer Seidl stated this is a very challenging and complex site regarding stormwater design and water resources. There are two wetlands on site, as well two waters of the U.S. under Army Corps of Engineers jurisdiction, which are a tributary to Bluff Creek, and a tributary to the tributary of Bluff Creek. He also noted a 42-inch culvert that conveys water to 90 Planning Commission Minutes – March 21, 2023 6 wetland 2, and very steep grades. He spoke about documented erosion problems on the site, as well as grading and erosion control plans with installation of retaining walls, erosion and sediment control plans, and stormwater design including BMPs to maintain existing drainage patterns on the site. Mr. Seidl gave detail on the wetland alteration permit, noting it is a vigorous process and the applicant worked with the city on revised designs, the City of Chanhassen and the Army Corps of Engineers also need to approve the permit, and explained the process of wetland mitigation banks and credits. Mr. Generous noted staff recommends approval of the rezoning and site plan approval for the five buildings, communication tower and screen, outdoor storage, and wetland alteration permit subject to the conditions of approval and adoption of the Findings of Fact and Recommendation. Commissioner Schwartz asked why it is not possible to mitigate the wetland on the property or within the City of Chanhassen. Mr. Seidl noted that is a great question that he also asked. He noted it has been proven that smaller wetland mitigation projects are not very successful, and the Army Corps of Engineers would not approve an application showing wetland mitigation on site. This is what was approved by the Technical Evaluation Panel and it is common. He clarified the process of purchasing wetland credits in the State. Commissioner Goff asked if the entire site will be fenced. Mr. Generous replied the yard area will have security fencing with gates. Commissioner Schwartz asked if any yard lighting will adversely affect the townhomes to the south. Mr. Generous replied they should not as they will all be directed on site with a 90-degree cutoff. Leigh Stoakes, Project Engineer with Xcel Energy, explained the goal of the project is to combine the Waconia and Shorewood Service Centers into a single site. This site in Chanhassen met their criteria, and although it is a very challenging site, he thinks it will be an asset to the city and will provide a critical service. Chairman Noyes opened the public hearing. Nancy Crain lives just west of the development and shared concerns regarding the lighting. She noted the Coulter Boulevard is at a high point in Chanhassen and everything goes down to the south. If they go up 60 feet it will probably clear the tree line and have visibility for quite a distance. The idea of having a lighted sign on the building runs counter to the way the residential neighborhood feels with marshland, the creek, woods, and wildlife. She uses her deck in the evening and enjoys a dark night sky. She thinks the impact on residents is worth considering and she hopes they will not have a lighted sign on the building. 91 Planning Commission Minutes – March 21, 2023 7 Tim Crain noted they live in the townhouse units and spoke about a berm with some trees but noted the high point is where this facility will be and there will be some light pollution from the sidewalk and parking lot lights which will filter down into the backyards of some residents. He shared Ms. Crain’s concern about the light from the sign on the 60-foot building noting the light will project and residents will see that from their properties. He noted he went to the open house and said the building looks nice, the land looks nice, they are keeping much of the area natural, but his main concern is lighting and light pollution. Mr. Stoakes commented on the lighting noting they are proposing two signs, one on the north facing Highway 5 and they would like to have that lit. The sign on the south side, which would be on the fleet garage, is a secondary sign and because it is facing a residential area, the advantage to have it lit is not there. He noted in this case the secondary sign does not have to be lit and he stated they want to be a good neighbor and not a nuisance. Commissioner Schwartz asked Ms. Crain if that sign was not illuminated would it satisfy their concern? Ms. Crain replied in the affirmative, noting it would. Chairman Noyes closed the public hearing. Mr. Generous suggested the Commissioners memorialize the condition regarding the secondary sign, noting that will also help city staff with direction in the future. Commissioner Alto moved, Commissioner Goff seconded the Chanhassen Planning Commission recommends approval of Planning Case #2023-01 Xcel Service Center, including rezoning the Planned Unit Development Office Industrial Park PUD, site plan approval for five buildings, a communication tower, and screened outdoor storage, with the agreement that any south-facing signage will not be lit, and a wetland alteration permit subject to the conditions of approval, and adopts the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 6 to 0. GENERAL BUSINESS: None. APPROVAL OF PLANNING COMMISSION MINUTES DATED MARCH 7, 2023: Commissioner Goff noted the summary Minutes of the Planning Commission meeting dated March 7, 2023 as presented. ADJOURNMENT: 92 Planning Commission Minutes – March 21, 2023 8 Commissioner Johnson moved to adjourn the meeting, Commissioner Soller seconded. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 9:00 p.m. OPEN DISCUSSION Submitted by Eric Maass Planning Director 93 City Council Item May 22, 2023 Item Receive Environmental Commission Minutes dated April 12, 2023 File No.Item No: D.4 Agenda Section CONSENT AGENDA Prepared By Jenny Potter, Sr. Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Environmental Commission minutes dated April 12, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 94 Environmental Commission Minutes dated April 12, 2023 95 1 Chanhassen Environmental Commission (EC) Chanhassen City Hall, Fountain Conference Room 6:00 pm April 12, 2023 Members Present: Kristin Fulkerson, Leslie Elhadi, Greg Hawks, Kaisa Buckholz, Scot Lacek, Julia Adams, Scott Grefe, Billy Cripe Members Absent: none Staff Present: Matt Unmacht, Assistant City Manager, Jamie Marsh, GreenCorps Member, Jenny Potter, Admin Support Specialist Visitors: Judy Harder Oaths of Office: Jenny Potter administered Oaths of Office to Leslie Elhadi and Billy Cripe. Elect Environmental Commission Chair and Vice-Chair Commissioners elected Scott Grefe as Chair and Greg Hawks as Vice-Chair. Adopt Environmental Commission Bylaws Bylaws were adopted as written. Minutes March minutes were approved. June Meeting Update Matt Unmacht will not be in town for the June 14 Environmental Commission meeting. Options for the June meeting would be to cancel, have it on June 14 without a staff member, or reschedule to a date that Matt can attend. The meeting was rescheduled for June 21, 2023, 6:00 pm at the East Water Treatment plant for a tour and a meeting afterward in the conference room located at the treatment plant. Finalize Arbor Day Event Plan The event will be held from 9-11 AM on May 6, 2023, at Bandimere Park. There will be yard tic-tac- toe, an Evergreen Identification game, Tree Riddles, milkweed seed bombs, and tree stump frisbee. A planting demo will be given for volunteers and then a map will be given out for where people should plant. Holes will be dug by city staff prior to the event for people to plant the trees. There have been postcards mailed to residents about the event and social media posts to let people know where and when the event is happening. The Commissioners will arrive at 8:30 am to help Jamie Marsh prepare for the event. Manuel Jordan, Environmental Resource Specialist will be assisting with the Arbor Day Event as well. 96 2 Select Arbor Day Poster Contest Winner Winners were selected. July 3rd Trade Fair Planning Environmental Commission has a table at the Trade Fair and there are activities and giveaways. This year the theme will be Sustainability. Environmentally friendly gardening and composting will be the focus for this year. Other Discussion Items: The question was brought up if the Environmental Commission can assist with the Adopt-a- Drain program that the city has. Matt Unmacht will follow up and get back to the group on how they can help. Clean Energy Resource Team, part of the Met Council, is having a clean energy resource event in the Metro Region. The event is May 24 in Shorewood. The State Environmental Commission Regional Meeting will be at Ridgedale on May 20, 2023, from 9-12:30. Hwy 5 project and chloride level – Riley Purgatory Bluff Creek Watershed does annual testing around Hwy 5, but the Minnehaha Creek Watershed is the group that would do additional testing when the highway is expanded. Commission Presentations: Kristin’s service as chair was commended and she was thanked by the Commission. Meeting adjourned at 7:14 pm Minutes prepared by Jenny Potter 97 City Council Item May 22, 2023 Item Receive Economic Development Commission Minutes dated April 11, 2023 File No.Item No: D.5 Agenda Section CONSENT AGENDA Prepared By Amy Weidman, Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Economic Development Commission minutes dated April 11, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 98 Economic Development Commission minutes dated April 11, 2023 99 CHANHASSEN ECONOMIC DEVELOPMENT COMMISSION REGULAR MEETING APRIL 11, 2023 Chairman Anderson called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Chair Eric Anderson, Commissioners Duke Zurek, Chris Freeman, Stacy Goff, and Luke Bame. MEMBERS ABSENT: None. STAFF PRESENT: Samantha DiMaggio, Economic Development Manager; Kim Meuwissen, City Clerk. PUBLIC PRESENT: One member of the public. Member Bame moved, Member Zurek seconded to approve the agenda. All voted in favor and the motion carried unanimously with a vote of 5 to 0. OATH OF OFFICE: 1. Economic Development Commission Appointment and Oath of Office City Clerk Meuwissen led Eric Anderson in the Oath of Office. APPROVAL OF MINUTES: APPROVE ECONOMIC DEVELOPMENT COMMISSION MINUTES DATED MARCH 14, 2023 Member Freeman moved, Member Zurek seconded to approve the Minutes of the Economic Development Commission meeting dated March 14, 2023 as presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0. DISCUSSION/GENERAL BUSINESS ITEMS 1. OPEN MEETING LAW TRAINING Economic Development Manager noted the purpose of the Open Meeting Law is to stop having people make decision in a forum that is not public. It is important that the public has their right to be informed of the information and have an opportunity to share their views. The Commissioners discussed what makes a quorum and how to handle events where some of them may be in attendance, as well as being mindful of the appearance they are giving when out 100 Economic Development Commission – April 11, 2023 2 in public. Ms. DiMaggio advised the Commissioners on email communication and social media best practices, what can and cannot be discussed in private, public notice and recording of any closed sessions, and shared about violations of the Open Meeting Law. 2. REVIEW AND ADOPT ECONOMIC DEVELOPMENT COMMISSION BYLAWS Member Zurek moved, Member Freeman seconded to adopt the Economic Development Commission Bylaws. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3. ELECTION OF CHAIR & VICE CHAIR Chair Anderson is willing to continue as Chair of the EDC. Member Zurek would be willing to Vice Chair. Member Freeman moved, Member Goff seconded to appoint Eric Anderson as Chairman and Duke Zurek as Vice Chair of the Economic Development Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0. DIRECTOR’S REPORT: Ms. DiMaggio shared about recent meetings with businesses including Scooter’s Coffee, Air Liquide, Promotion Select, and a tour of The Venue. Ms. DiMaggio also shared about the new Planning Director Eric Maass, and hopes to introduce him to the Commission very soon. She updated the Commissioners on the survey noting she is not giving up on receiving feedback. The Commissioners discussed the closing of the movie theater, what will happen to the mural, possible redevelopment options near the downtown area, utilizing Tax Increment Financing (TIF), and local option tax. The Commissioners continued discussion about communications on the City’s website, inflation, and the possibility of a recession. ADJOURNMENT: Member Zurek moved, Member Goff seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Economic Development Commission meeting adjourned at 6:14 p.m. Submitted by Samantha DiMaggio Economic Development Manager Prepared by Amy Weidman Administrative Support Specialist 101 City Council Item May 22, 2023 Item Approve Claims Paid dated May 22, 2023 File No.Item No: D.6 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 May 22, 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 May 22, 2023: Total Claims $631,973.97 BUDGET RECOMMENDATION 102 ATTACHMENTS Payment Summary Payment Detail 103 Accounts Payable Checks by Date - Summary Vendor Name Check Date Void Checks Check Amount Amazon 04/18/2023 0.00 3,497.90 American Carnival Mart 04/18/2023 0.00 694.40 American Legion 04/18/2023 0.00 45.08 American Public Works Association 04/18/2023 0.00 23.25 Apple.com 04/18/2023 0.00 1.98 Bitly, Inc 04/18/2023 0.00 35.00 BP 04/18/2023 0.00 55.42 Buy Chanhassen 04/18/2023 0.00 325.00 Caribou Coffee 04/18/2023 0.00 5.79 Casey's General Store 04/18/2023 0.00 5.36 CDW Government 04/18/2023 0.00 98.03 Chanhassen Dinner Theatre 04/18/2023 0.00 340.00 Chipotle Mexican Grill 04/18/2023 0.00 190.82 Costco Wholesale 04/18/2023 0.00 80.13 Crooked Pint 04/18/2023 0.00 46.60 Cub Foods 04/18/2023 0.00 105.35 Display 2 Go 04/18/2023 0.00 269.79 Doolittles Woodfire Grill 04/18/2023 0.00 69.76 DX Events 04/18/2023 0.00 7,762.50 FedEx Office 04/18/2023 0.00 31.93 Ferguson Waterworks 04/18/2023 0.00 477.00 Fleet Farm 04/18/2023 0.00 37.57 Fun Express LLC 04/18/2023 0.00 80.95 Government Social Media, LLC 04/18/2023 0.00 399.00 Grainger 04/18/2023 0.00 206.25 Grammarly 04/18/2023 0.00 412.08 Hach Company 04/18/2023 0.00 1,112.01 Halfmoon Education 04/18/2023 0.00 319.00 Hodges Badge Company 04/18/2023 0.00 1,240.99 Home Depot 04/18/2023 0.00 267.13 International Association of Fire Chiefs 04/18/2023 0.00 215.00 J.W. Pepper 04/18/2023 0.00 75.99 Jamf Software, LLC 04/18/2023 0.00 136.00 Jimmy Johns 04/18/2023 0.00 91.30 KeeperSecurity.com 04/18/2023 0.00 1,720.20 Lasercrafting 04/18/2023 0.00 179.79 League of Minnesota Cities 04/18/2023 0.00 20.00 Lunds & Byerly's 04/18/2023 0.00 108.42 Menards 04/18/2023 0.00 910.19 Merlins Ace Hardware 04/18/2023 0.00 367.82 Metropolitan Council Enviromental Services 04/18/2023 0.00 20,000.00 Microsoft 04/18/2023 0.00 192.00 Minnesota Rural Water Association 04/18/2023 0.00 150.00 MN Association of Government Communicators 04/18/2023 0.00 380.00 Page 1 of 4 104 Vendor Name Check Date Void Checks Check Amount MN Dept of Labor and Industry 04/18/2023 0.00 215.00 MN Government Finance Officers Association 04/18/2023 0.00 70.00 MN Pollution Control Agency 04/18/2023 0.00 265.59 MN Recreation and Park Association 04/18/2023 0.00 25.00 Monoprice.com 04/18/2023 0.00 343.58 National Mahjongg League 04/18/2023 0.00 225.00 National Registry Of EMT 04/18/2023 0.00 175.00 Northern Tool+Equipment 04/18/2023 0.00 32.24 Office Max/Office Depot 04/18/2023 0.00 806.52 O'Reilly Auto Parts 04/18/2023 0.00 27.36 Panera Bread 04/18/2023 0.00 133.42 Postmaster 04/18/2023 0.00 10.40 Revolution Dancewear 04/18/2023 0.00 78.95 RoboForm 04/18/2023 0.00 23.88 Saferite Solutions 04/18/2023 0.00 710.51 Sign Inn Sheet App 04/18/2023 0.00 199.00 Southwest Metro Chamber of Commerce 04/18/2023 0.00 40.00 St Cloud Parking 04/18/2023 0.00 25.50 Stratoguard, LLC 04/18/2023 0.00 221.76 Survey Monkey 04/18/2023 0.00 192.00 Target 04/18/2023 0.00 72.36 TJ Office Furniture 04/18/2023 0.00 1,063.01 Tono Pizzeria 04/18/2023 0.00 18.81 U of M Contlearning 04/18/2023 0.00 45.00 US Bank Rebate 04/18/2023 0.00 -2,664.17 USABlueBook 04/18/2023 0.00 106.81 Wal-Mart 04/18/2023 0.00 1,514.82 Water Environment Federation 04/18/2023 0.00 69.00 WEISSMAN 04/18/2023 0.00 650.10 Weller Truck - Minn 04/18/2023 0.00 -724.93 Zoom 04/18/2023 0.00 85.90 POSTMASTER 05/01/2023 0.00 841.32 AK Rose Company 05/04/2023 0.00 257.75 ALLSTREAM 05/04/2023 0.00 564.47 American Family Life Assurance Company of Columbus 05/04/2023 0.00 39.78 APACHE GROUP 05/04/2023 0.00 1,984.08 ARAMARK Refreshment Services, LLC 05/04/2023 0.00 1,520.40 ASPEN MILLS 05/04/2023 0.00 1,182.19 AWWA 05/04/2023 0.00 233.00 BOLTON & MENK INC 05/04/2023 0.00 2,239.00 BRAUN INTERTEC CORPORATION 05/04/2023 0.00 1,001.50 Carver County 05/04/2023 0.00 1,100.00 CENTURYLINK 05/04/2023 0.00 1,734.01 Cleaning Solutions Services 05/04/2023 0.00 7,871.70 CORE & MAIN LP 05/04/2023 0.00 3,048.06 Ferguson Waterworks #2518 05/04/2023 0.00 392.26 GMH ASPHALT CORP 05/04/2023 0.00 119,292.98 GOPHER STATE ONE-CALL INC 05/04/2023 0.00 469.80 GRAYBAR 05/04/2023 0.00 388.60 HAWKINS CHEMICAL 05/04/2023 0.00 7,868.00 Indoor Landscapes Inc 05/04/2023 0.00 187.00 Innovative Office Solutions LLC 05/04/2023 0.00 130.26 IUOE Local #49 05/04/2023 0.00 595.00 Page 2 of 4 105 Vendor Name Check Date Void Checks Check Amount Jodi Sarles 05/04/2023 0.00 300.00 KATH FUEL OIL SERVICE 05/04/2023 0.00 268.20 KENNEDY & GRAVEN, CHARTERED 05/04/2023 0.00 9,220.29 KIMLEY HORN AND ASSOCIATES INC 05/04/2023 0.00 6,860.84 LYMAN LUMBER 05/04/2023 0.00 282.49 Magney Construction, Inc. 05/04/2023 0.00 90,440.00 Marco Inc 05/04/2023 0.00 250.00 MID COUNTY COOP 05/04/2023 0.00 6,318.00 Minnesota Roadways Co 05/04/2023 0.00 338.20 MN NCPERS LIFE INSURANCE 05/04/2023 0.00 112.00 MN RECREATION & PARK ASSOC. 05/04/2023 0.00 200.00 MN VALLEY ELECTRIC COOP 05/04/2023 0.00 7,315.19 O'Reilly Automotive Inc 05/04/2023 0.00 173.89 PAUL PALMER 05/04/2023 0.00 114.00 PILGRIM DRY CLEANERS 05/04/2023 0.00 551.21 Pioneer Manufacturing Co., Inc. 05/04/2023 0.00 2,070.40 Premium Waters, Inc 05/04/2023 0.00 63.82 Pro-Tec Design, Inc. 05/04/2023 0.00 257.64 Raftelis 05/04/2023 0.00 8,050.00 SCOTT NELSON COACHING INC 05/04/2023 0.00 500.00 SOUTHWEST LOCK & KEY 05/04/2023 0.00 825.75 Stantec Consulting Services, Inc. 05/04/2023 0.00 241.50 Sun Life Financial 05/04/2023 0.00 3,220.38 Taylor Lenz 05/04/2023 0.00 79.52 TFORCE FINAL MILE 05/04/2023 0.00 105.42 TimeSaver Off Site Secretarial, Inc 05/04/2023 0.00 590.25 Tonka United 05/04/2023 0.00 1,012.68 TOWN & COUNTRY FENCE 05/04/2023 0.00 1,600.00 TWIN CITY SEED CO. 05/04/2023 0.00 1,120.00 VERIZON WIRELESS 05/04/2023 0.00 5,150.69 W.L. Hall Co. 05/04/2023 0.00 72,381.45 Warning Lites of Minnesota, Inc. 05/04/2023 0.00 3,695.00 XCEL ENERGY INC 05/04/2023 0.00 27,997.89 ARUN SUBBIAH 05/11/2023 0.00 51.29 ASPEN MILLS 05/11/2023 0.00 1,333.96 BCA 05/11/2023 0.00 33.25 Bjorn Cycling, LLC 05/11/2023 0.00 199.50 BORDER STATES ELECTRIC SUPPLY 05/11/2023 0.00 2,588.88 Carver County 05/11/2023 0.00 1,000.00 CENTERPOINT ENERGY MINNEGASCO 05/11/2023 0.00 5,699.78 CenturyLink 05/11/2023 0.00 64.00 COMPUTER INTEGRATION TECHN. 05/11/2023 0.00 5,000.00 CORE & MAIN LP 05/11/2023 0.00 760.00 CROWN COLLEGE 05/11/2023 0.00 550.00 CUB FOODS 05/11/2023 0.00 188.95 CUSTOM POOLS 05/11/2023 0.00 2,000.00 Dana & David Bormann 05/11/2023 0.00 250.00 Deck and Basement Co 05/11/2023 0.00 500.00 DEM-CON LANDFILL 05/11/2023 0.00 3,517.40 Dultmeier Sales LLC 05/11/2023 0.00 140.76 Engel Water Testing Inc 05/11/2023 0.00 750.00 Enterprise FM Trust 05/11/2023 0.00 17,600.42 Ferguson Waterworks #2518 05/11/2023 0.00 1,522.35 Page 3 of 4 106 Vendor Name Check Date Void Checks Check Amount Fire Catt, LLC 05/11/2023 0.00 4,231.50 GREEN MEADOWS INC 05/11/2023 0.00 1,000.00 HealthPartners, Inc. 05/11/2023 0.00 88,367.14 Jacob Mellgren 05/11/2023 0.00 250.00 James & Jennifer Andeway 05/11/2023 0.00 250.00 Jennifer Singer 05/11/2023 0.00 100.00 Jessica Pettingill 05/11/2023 0.00 100.00 Joe Franek Construction, LLC 05/11/2023 0.00 250.00 Juli Al-Hilwani 05/11/2023 0.00 367.50 JULIE NESSLY 05/11/2023 0.00 100.00 Kord Brashear 05/11/2023 0.00 100.00 Krogstad Construction 05/11/2023 0.00 500.00 LENZEN CHEVROLET BUICK 05/11/2023 0.00 970.00 LISA MURPHY-SALVADOR 05/11/2023 0.00 950.34 Manuel Jordan 05/11/2023 0.00 73.23 Marco Inc 05/11/2023 0.00 1,010.00 Matt Mason 05/11/2023 0.00 100.00 Mazher Abdul Qayyum 05/11/2023 0.00 50.00 MERLINS ACE HARDWARE 05/11/2023 0.00 930.29 Metronet Holdings, LLC 05/11/2023 0.00 55.63 Metropolitan Council, Env Svcs 05/11/2023 216,724.43 0.00 Minneapolis Oxygen Company 05/11/2023 0.00 4,973.14 MN DEPT OF LABOR AND INDUSTRY 05/11/2023 0.00 2,589.80 Mobile Mini, Inc 05/11/2023 0.00 287.76 Naif Fareed 05/11/2023 0.00 50.00 PAUL PALMER 05/11/2023 0.00 114.00 Pinnacle Pest Control 05/11/2023 0.00 1,125.00 PRECISE MRM LLC 05/11/2023 0.00 273.00 Precision Decks LLC 05/11/2023 0.00 250.00 SNAP-ON INDUSTRIAL 05/11/2023 0.00 336.19 Somashekara Huchappaswamy 05/11/2023 0.00 50.00 Sophia Martin 05/11/2023 0.00 136.50 SOUTHVIEW DESIGN INC 05/11/2023 0.00 500.00 SOUTHWEST NEWS MEDIA 05/11/2023 0.00 702.32 Techniques Construction 05/11/2023 0.00 1,000.00 THE GREENWORLD PROJECT 05/11/2023 0.00 231.65 Title Choice 05/11/2023 0.00 113.07 TWO TEACHER CONSTRUCTION 05/11/2023 0.00 250.00 Val Roder 05/11/2023 0.00 200.00 Vivien W Shen Trust 05/11/2023 0.00 1.87 Waste Management of Minnesota, Inc 05/11/2023 0.00 1,705.47 Water Conservation Services, Inc. 05/11/2023 0.00 825.69 WSB & ASSOCIATES INC 05/11/2023 0.00 21,264.28 Report Total: 216,724.43 631,973.97 Page 4 of 4 107 AP Check Detail User: dwashburn Printed: 5/16/2023 4:46:43 PM Last Name Acct 1 Amount Check Date Description AK Rose Company 720-7202-4130 257.75 5/4/2023 Arbor Day 2023 Picture Frame 257.75 5/4/2023 AK Rose Company 257.75 Al-Hilwani Juli 101-1539-4343 75.00 5/11/2023 Pickleball Lessons Al-Hilwani Juli 101-1530-4347 292.50 5/11/2023 Personal Training 367.50 5/11/2023 Al-Hilwani Juli 367.50 ALLSTREAM 101-1160-4310 564.47 5/4/2023 Mitel Phone System Maintenance Jun 564.47 5/4/2023 ALLSTREAM 564.47 Amazon 101-1160-4135 149.99 4/18/2023 KVM Switch for the Fountain Room Amazon 101-1120-4110 34.58 4/18/2023 Air Fresheners Bathrooms Amazon 101-1160-4530 45.62 4/18/2023 Eric Maass Phone Case Amazon 101-1160-4134 4.96 4/18/2023 RJ45 Coupler for on hand Amazon 101-1160-4260 97.78 4/18/2023 USB C Dual HDMI Adapter USB C laptop Docking Station Amazon 101-1160-4134 23.98 4/18/2023 1U network rack mount for RJ45 jacks Amazon 101-1120-4110 29.54 4/18/2023 Engineering Dept Pens Amazon 101-1612-4130 59.99 4/18/2023 Easter goodie bag supplies Amazon 101-1310-4240 132.62 4/18/2023 BM Joe S Boots Amazon 700-0000-4150 48.32 4/18/2023 BM Kroil Penetrant with Graphite Aerosol 13oz Amazon 101-1160-4530 11.99 4/18/2023 Screen protector for Charlie Siegle Upgrade phone AP - Check Detail (5/16/2023)Page 1 of 39 108 Last Name Acct 1 Amount Check Date Description Amazon 101-1120-4110 17.98 4/18/2023 Sharpies Process Mapping Amazon 101-1190-4530 235.56 4/18/2023 camera mount for library camera project Amazon 101-1180-4110 -44.54 4/18/2023 Reversal of Accidental duplicate Charge power cord elections Amazon 101-1160-4530 17.78 4/18/2023 Keyboard Stickers for worn off letters Amazon 101-1180-4110 44.54 4/18/2023 Power Extension Cord 3 Prong 6 Nema 5 15R Female Socket Amazon 101-1550-4120 9.65 4/18/2023 CS Primer Bulb 44 2750 Primer Body Amazon 701-0000-4150 48.31 4/18/2023 BM Kroil Penetrant with Graphite Aerosol 13oz Amazon 101-1120-4110 5.74 4/18/2023 Dot Stickers Process Mapping Amazon 101-1160-4132 82.29 4/18/2023 HDMI Cables and USB C hub for on hand Amazon 701-0000-4150 5.37 4/18/2023 BM Round Dot Stickers Color Coding Labels Amazon 101-1170-4530 15.29 4/18/2023 cable concealers for courtyard conf rm Amazon 101-1180-4110 -44.54 4/18/2023 Reversal of Accidental duplicate Charge power cord elections Amazon 101-1537-4130 20.90 4/18/2023 Tattoos for Super Hero Party Amazon 101-1120-4110 19.50 4/18/2023 AA Batteries Supply Room Amazon 101-1120-4110 20.42 4/18/2023 AAA Batteries Supply Room Amazon 101-1160-4134 80.61 4/18/2023 keystone jacks for various network projects Amazon 700-0000-4150 5.36 4/18/2023 BM Round Dot Stickers Color Coding Labels Amazon 700-0000-4150 3.75 4/18/2023 AA Stamp Ink Amazon 101-1180-4110 44.54 4/18/2023 Power Extension Cord 3 Prong 6 Nema 5 15R Female Socket Amazon 701-0000-4150 3.76 4/18/2023 AA Stamp Ink Amazon 101-1190-4530 1,449.99 4/18/2023 panoramic camera for library cam project Amazon 101-1190-4530 34.94 4/18/2023 camera mount hardware library cam project Amazon 101-1160-4207 11.95 4/18/2023 Sewer Televising Access Fee March Amazon 101-1120-4110 43.07 4/18/2023 Process Mapping Paper Amazon 101-1130-4300 499.00 4/18/2023 Amazon Prime Annual Membership Amazon 101-1160-4530 9.97 4/18/2023 Phone Belt clip for John Wickenhauser Amazon 101-1530-4150 217.34 4/18/2023 Towels for Fitness Center 3,497.90 4/18/2023 Amazon 3,497.90 American Carnival Mart 101-1612-4130 694.40 4/18/2023 Easter Supplies Candy filled eggs 694.40 4/18/2023 American Carnival Mart 694.40 American Family Life Assurance Company of Columbus 101-0000-2008 39.78 5/4/2023 April, 2023 AP - Check Detail (5/16/2023)Page 2 of 39 109 Last Name Acct 1 Amount Check Date Description 39.78 5/4/2023 American Family Life Assurance Company of Columbus 39.78 American Legion 101-1220-4381 45.08 4/18/2023 Battalion Chief Training Meeting Meal 45.08 4/18/2023 American Legion 45.08 American Public Works Association 101-1320-4340 23.25 4/18/2023 NPWW Poster 23.25 4/18/2023 American Public Works Association 23.25 Andeway James & Jennifer 101-0000-2073 250.00 5/11/2023 Erosion Control - Permit 2022-03024 - 6980 Tecumseh Ln 250.00 5/11/2023 Andeway James & Jennifer 250.00 APACHE GROUP 101-1120-4110 1,984.08 5/4/2023 Roll Towel, Toilet Tissue, Towel, Coreless Rolls, Household Roll 1,984.08 5/4/2023 APACHE GROUP 1,984.08 Apple.com 101-1220-4310 0.99 4/18/2023 Apple Storage Apple.com 701-0000-4310 0.49 4/18/2023 BM iCloud Storage Photo Memory Apple.com 700-0000-4310 0.50 4/18/2023 BM iCloud Storage Photo Memory 1.98 4/18/2023 Apple.com 1.98 AP - Check Detail (5/16/2023)Page 3 of 39 110 Last Name Acct 1 Amount Check Date Description ARAMARK Refreshment Services, LLC 101-1120-4110 83.90 5/4/2023 Bronze Water Filter 1 ct ARAMARK Refreshment Services, LLC 101-1120-4110 70.37 5/4/2023 Bronze Water Filter 1ct ARAMARK Refreshment Services, LLC 101-1120-4110 138.05 5/4/2023 Caribou KCup Blend, Caribou Regular ARAMARK Refreshment Services, LLC 101-1120-4110 530.09 5/4/2023 Caribou KCup Blend, Caribou Regular, Creamer Canister ARAMARK Refreshment Services, LLC 101-1120-4110 697.99 5/4/2023 Caribou KCup Blend, Caribou Decaf, Caribou Regular, CoffeeMate 1,520.40 5/4/2023 ARAMARK Refreshment Services, LLC 1,520.40 ASPEN MILLS 101-1220-4240 260.30 5/4/2023 Redo Jackets, add patches - R Rindahl ASPEN MILLS 101-1220-4240 711.03 5/4/2023 Brass, Custom Badge - R Ringdahl ASPEN MILLS 101-1220-4240 153.91 5/4/2023 Pant, Name Tag - M Sidlauskas & C Balk ASPEN MILLS 101-1220-4240 56.95 5/4/2023 Pant - M Smith 1,182.19 5/4/2023 ASPEN MILLS 101-1220-4240 20.26 5/11/2023 Name Tag - R Rindahl ASPEN MILLS 101-1220-4240 651.50 5/11/2023 Jacket, Pants, Shirt, Glove, name tag - E Thoreson ASPEN MILLS 101-1220-4240 609.00 5/11/2023 Jacket, Pants, Shirt, Glove, name tag - A Busch ASPEN MILLS 101-1220-4240 53.20 5/11/2023 Jacket - B White 1,333.96 5/11/2023 ASPEN MILLS 2,516.15 AWWA 700-0000-4360 233.00 5/4/2023 07/01/23 - 06/30/24 Dues - Member # 03696062 233.00 5/4/2023 AWWA 233.00 BCA 101-1220-4352 33.25 5/11/2023 Background Investigation - Firefighter 33.25 5/11/2023 BCA 33.25 Bitly, Inc 101-1125-4360 35.00 4/18/2023 Online subscription for short URLs AP - Check Detail (5/16/2023)Page 4 of 39 111 Last Name Acct 1 Amount Check Date Description 35.00 4/18/2023 Bitly, Inc 35.00 Bjorn Cycling, LLC 101-1539-4343 81.90 5/11/2023 Bicycle Repair Class Bjorn Cycling, LLC 101-1538-4343 117.60 5/11/2023 Bicycle Repair Class 199.50 5/11/2023 Bjorn Cycling, LLC 199.50 BOLTON & MENK INC 700-6051-4300 246.29 5/4/2023 Chanhassen/2023 Street Rehab - Project 23.01 BOLTON & MENK INC 720-6051-4300 268.68 5/4/2023 Chanhassen/2023 Street Rehab - Project 23.01 BOLTON & MENK INC 601-6051-4300 1,634.47 5/4/2023 Chanhassen/2023 Street Rehab - Project 23.01 BOLTON & MENK INC 701-6051-4300 89.56 5/4/2023 Chanhassen/2023 Street Rehab - Project 23.01 2,239.00 5/4/2023 BOLTON & MENK INC 2,239.00 BORDER STATES ELECTRIC SUPPLY 101-1350-4120 -309.22 5/11/2023 Adv- 71A5750001D Mag Bal HID BORDER STATES ELECTRIC SUPPLY 700-0000-4140 1,302.11 5/11/2023 4w-4p Plug BORDER STATES ELECTRIC SUPPLY 701-0000-4140 1,302.10 5/11/2023 4w-4p Plug BORDER STATES ELECTRIC SUPPLY 101-1350-4120 293.89 5/11/2023 Lu250/H/Eco HID lmp hps Ed18 2,588.88 5/11/2023 BORDER STATES ELECTRIC SUPPLY 2,588.88 Bormann Dana & David 101-0000-2073 250.00 5/11/2023 Erosion Control - Permit 2022-02072 - 7025 Cheyenne Trail 250.00 5/11/2023 Bormann Dana & David 250.00 BP 700-0000-4381 55.42 4/18/2023 MW Gas for Training AP - Check Detail (5/16/2023)Page 5 of 39 112 Last Name Acct 1 Amount Check Date Description 55.42 4/18/2023 BP 55.42 Brashear Kord 700-7204-4901 100.00 5/11/2023 Waterwise Rebate - Dishwasher 100.00 5/11/2023 Brashear Kord 100.00 BRAUN INTERTEC CORPORATION 420-1310-4546 1,001.50 5/4/2023 2023 Pavement Inspection 1,001.50 5/4/2023 BRAUN INTERTEC CORPORATION 1,001.50 Buy Chanhassen 101-1110-4381 325.00 4/18/2023 Staff and CC attend annual Mayor's Lunch 325.00 4/18/2023 Buy Chanhassen 325.00 Caribou Coffee 101-1123-4381 5.79 4/18/2023 Coffee with Leah HU Construction 5.79 4/18/2023 Caribou Coffee 5.79 Carver County 101-1160-4326 450.00 5/4/2023 CarverLink Internet/ Fiber - May Carver County 700-1160-4326 650.00 5/4/2023 Carver Fiber WWTP / W-3, 7, 8 / LS 24 1,100.00 5/4/2023 Carver County 101-1210-4300 100.00 5/11/2023 Background Investigation Liquor License - 1025 Creekwood St Carver County 481-0000-4300 500.00 5/11/2023 Tax Charges: TIF Billings Carver County 480-0000-4300 400.00 5/11/2023 Tax Charges: TIF Billings AP - Check Detail (5/16/2023)Page 6 of 39 113 Last Name Acct 1 Amount Check Date Description 1,000.00 5/11/2023 Carver County 2,100.00 Casey's General Store 700-0000-4140 5.36 4/18/2023 MW Armor All Glass Wipe 5.36 4/18/2023 Casey's General Store 5.36 CDW Government 101-1190-4530 98.03 4/18/2023 pendant kit for camera at library 98.03 4/18/2023 CDW Government 98.03 CENTERPOINT ENERGY MINNEGASCO 101-1170-4321 809.01 5/11/2023 Monthly Service - 7700 Market Blvd CENTERPOINT ENERGY MINNEGASCO 700-7019-4321 403.25 5/11/2023 Monthly Service - 201 W79th St CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 26.28 5/11/2023 Monthly Service - 3900 Highway 7 CENTERPOINT ENERGY MINNEGASCO 101-1600-4321 20.00 5/11/2023 Monthly Service - 6930 Minnewashta Pkwy CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 116.34 5/11/2023 Monthly Service - 7901 Park Pl CENTERPOINT ENERGY MINNEGASCO 101-1550-4321 250.58 5/11/2023 Monthly Service - 1456 W78th St CENTERPOINT ENERGY MINNEGASCO 700-7043-4321 1,331.17 5/11/2023 Monthly Service - 2100 Lake Harrison Rd CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 116.34 5/11/2023 Monthly Service - 7901 Park Pl CENTERPOINT ENERGY MINNEGASCO 101-1312-4321 930.72 5/11/2023 Monthly Service - 7901 Park Pl CENTERPOINT ENERGY MINNEGASCO 101-1190-4321 1,659.25 5/11/2023 Monthly Service - 7711 Kerber Blvd CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 36.84 5/11/2023 Monthly Service - 2323 Lake Lucy Rd 5,699.78 5/11/2023 CENTERPOINT ENERGY MINNEGASCO 5,699.78 CENTURYLINK 101-1190-4310 123.64 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 700-0000-4310 6.16 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 700-0000-4310 15.51 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 101-1550-4310 30.78 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 101-1160-4325 125.72 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 101-1350-4310 30.78 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 AP - Check Detail (5/16/2023)Page 7 of 39 114 Last Name Acct 1 Amount Check Date Description CENTURYLINK 101-1540-4310 45.80 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 101-1312-4310 49.24 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 700-7019-4310 215.69 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 701-0000-4310 6.16 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 701-0000-4310 15.51 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 101-1160-4325 250.78 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 101-1220-4310 -16.88 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 CENTURYLINK 101-1170-4310 835.12 5/4/2023 Monthly Service - April 21, 2023 - May 20, 2023 1,734.01 5/4/2023 CenturyLink 701-0000-4310 32.00 5/11/2023 Monthly Service - May 1 to May 31 CenturyLink 700-0000-4310 32.00 5/11/2023 Monthly Service - May 1 to May 31 64.00 5/11/2023 CenturyLink 1,798.01 Chanhassen Dinner Theatre 101-1560-4342 340.00 4/18/2023 Ticket deposit for Jersey Boys show 340.00 4/18/2023 Chanhassen Dinner Theatre 340.00 Chipotle Mexican Grill 101-1110-4372 190.82 4/18/2023 Chipotle Council Meeting 3 13 23 190.82 4/18/2023 Chipotle Mexican Grill 190.82 Cleaning Solutions Services 700-0000-4511 62.10 5/4/2023 Chanhassen Public Works - Cleaning Cleaning Solutions Services 101-1170-4511 3,090.00 5/4/2023 Chanhassen City Hall - Cleaning Cleaning Solutions Services 101-1190-4511 3,912.30 5/4/2023 Chanhassen Library - Cleaning Cleaning Solutions Services 701-0000-4511 62.10 5/4/2023 Chanhassen Public Works - Cleaning Cleaning Solutions Services 101-1220-4511 248.40 5/4/2023 Chan Fire Station # 1 - Cleaning Cleaning Solutions Services 101-1312-4511 496.80 5/4/2023 Chanhassen Public Works - Cleaning 7,871.70 5/4/2023 AP - Check Detail (5/16/2023)Page 8 of 39 115 Last Name Acct 1 Amount Check Date Description Cleaning Solutions Services 7,871.70 COMPUTER INTEGRATION TECHN.101-1160-4300 5,000.00 5/11/2023 Network Services Retainer 5,000.00 5/11/2023 COMPUTER INTEGRATION TECHN. 5,000.00 CORE & MAIN LP 700-7043-4120 3,048.06 5/4/2023 Eclipse #88 Sampling Station 3,048.06 5/4/2023 CORE & MAIN LP 700-0000-4550 760.00 5/11/2023 Valmatic 101 st Thrd Air/Vac 760.00 5/11/2023 CORE & MAIN LP 3,808.06 Costco Wholesale 101-1807-4130 28.57 4/18/2023 Motts Fruit Snack Gatorade Costco Wholesale 101-1806-4130 28.58 4/18/2023 Motts Fruit Snack Gatorade Costco Wholesale 101-1537-4130 22.98 4/18/2023 Super Hero Party Snack 80.13 4/18/2023 Costco Wholesale 80.13 Crooked Pint 101-1123-4381 21.07 4/18/2023 Chamber Lunch Crooked Pint 101-1123-4381 25.53 4/18/2023 Carver County ED Meeting Lunch 46.60 4/18/2023 Crooked Pint 46.60 CROWN COLLEGE 101-1220-4370 550.00 5/11/2023 4/10 and 4/13 EMT/EMR Training 550.00 5/11/2023 AP - Check Detail (5/16/2023)Page 9 of 39 116 Last Name Acct 1 Amount Check Date Description CROWN COLLEGE 550.00 Cub Foods 101-1120-4372 24.99 4/18/2023 Cake for 3 Council bdays 3 13 Meeting Cub Foods 700-0000-4150 20.39 4/18/2023 MW Kerr Canning Jar Cub Foods 101-1600-4130 28.97 4/18/2023 Flavor Mix M M Cookies English Coffee Cake Cub Foods 701-0000-4150 31.00 4/18/2023 BM Supplies for Retirement Celebration 105.35 4/18/2023 CUB FOODS 101-1220-4144 63.65 5/11/2023 Spring Water CUB FOODS 101-1560-4120 14.70 5/11/2023 Crock Pot 2 pc Set CUB FOODS 101-1220-4290 52.94 5/11/2023 Flavor mix, cheesy mix, brownie cookies CUB FOODS 101-1560-4112 28.82 5/11/2023 St. Pat's Party Food & Supplies CUB FOODS 101-1220-4165 28.84 5/11/2023 Dish detergent, sunscreen 188.95 5/11/2023 CUB FOODS 294.30 CUSTOM POOLS 101-0000-2073 1,500.00 5/11/2023 Erosion Control - Permit 2022-00401 - 7610 Windsor Court CUSTOM POOLS 101-0000-2073 500.00 5/11/2023 Erosion Control - Permit 2022-00718 - 8521 Flamingo Drive 2,000.00 5/11/2023 CUSTOM POOLS 2,000.00 Deck and Basement Co 101-0000-2073 250.00 5/11/2023 Erosion Control - Permit 2022-03922 - 7133 Purple Pkwy Deck and Basement Co 101-0000-2073 250.00 5/11/2023 Erosion Control - Permit 2022-03613 - 1914 Fathers Song 500.00 5/11/2023 Deck and Basement Co 500.00 DEM-CON LANDFILL 101-1320-4150 3,517.40 5/11/2023 Street Sweepings 3,517.40 5/11/2023 AP - Check Detail (5/16/2023)Page 10 of 39 117 Last Name Acct 1 Amount Check Date Description DEM-CON LANDFILL 3,517.40 Display 2 Go 101-1110-4372 269.79 4/18/2023 2 iPad Display Stands 269.79 4/18/2023 Display 2 Go 269.79 Doolittles Woodfire Grill 101-1120-4381 69.76 4/18/2023 Welcome lunch for Eric Maass prior to start date Hokkanen Unmac 69.76 4/18/2023 Doolittles Woodfire Grill 69.76 Dultmeier Sales LLC 101-1320-4120 140.76 5/11/2023 Poly Adpater, Poly Coupler, Polyprop ball valve 140.76 5/11/2023 Dultmeier Sales LLC 140.76 DX Events 101-1534-4356 7,762.50 4/18/2023 Dance competition 7,762.50 4/18/2023 DX Events 7,762.50 Engel Water Testing Inc 700-0000-4300 750.00 5/11/2023 Water Samples - April, 2023 750.00 5/11/2023 Engel Water Testing Inc 750.00 Enterprise FM Trust 400-0000-4811 195.42 5/11/2023 001 - 22 Ford Esca #26M3MH Enterprise FM Trust 400-0000-4811 510.67 5/11/2023 403 - 23 Chev Silv #25XGMK Enterprise FM Trust 400-0000-4811 195.81 5/11/2023 605 - 22 Ford Rand #25G25M Enterprise FM Trust 400-0000-4811 200.56 5/11/2023 606 - 22 Ford Rang #25G23Z Enterprise FM Trust 400-0000-4811 512.85 5/11/2023 402 - 23 Chev Silv #25XGMF AP - Check Detail (5/16/2023)Page 11 of 39 118 Last Name Acct 1 Amount Check Date Description Enterprise FM Trust 400-0000-4810 1,163.17 5/11/2023 132 - 23 Chev Silv #25WNCN Enterprise FM Trust 400-0000-4811 219.83 5/11/2023 408 - 22 Chev Silv #25G89X Enterprise FM Trust 400-0000-4810 760.37 5/11/2023 402 - 23 Chev Silv #25XGMF Enterprise FM Trust 400-0000-4811 208.18 5/11/2023 411 - 22 Chev Silv #25G8CL Enterprise FM Trust 701-0000-2317 260.98 5/11/2023 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4810 756.37 5/11/2023 419 - 23 Chev Silv #25XGMJ Enterprise FM Trust 400-0000-4810 497.26 5/11/2023 214 - 22 Chev Silv #25G5D2 Enterprise FM Trust 400-0000-4811 509.30 5/11/2023 420 - 23 Chev Silv #25XGMS Enterprise FM Trust 400-0000-4811 510.67 5/11/2023 419 - 23 Chev Silv #25XGMJ Enterprise FM Trust 400-0000-4810 385.97 5/11/2023 605 - 22 Ford Rand #25G25M Enterprise FM Trust 700-0000-2317 260.97 5/11/2023 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4811 514.22 5/11/2023 132 - 23 Chev Silv #25WNCN Enterprise FM Trust 400-0000-4810 756.37 5/11/2023 403 - 23 Chev Silv #25XGMK Enterprise FM Trust 400-0000-4811 514.12 5/11/2023 134 - 22 Chev Silv #25WNKR Enterprise FM Trust 700-0000-4811 104.31 5/11/2023 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4810 527.06 5/11/2023 411 - 22 Chev Silv #25G8CL Enterprise FM Trust 400-0000-4811 190.99 5/11/2023 140 - 22 Chev Silv #25G5J6 Enterprise FM Trust 400-0000-4810 754.35 5/11/2023 420 - 23 Chev Silv #25XGMS Enterprise FM Trust 400-0000-4810 368.22 5/11/2023 001 - 22 Ford Esca #26M3MH Enterprise FM Trust 400-0000-4811 162.15 5/11/2023 412 - 22 GMC Sier #25H28F Enterprise FM Trust 400-0000-4810 1,162.97 5/11/2023 134 - 22 Chev Silv #25WNKR Enterprise FM Trust 400-0000-4810 518.60 5/11/2023 408 - 22 Chev Silv #25G89X Enterprise FM Trust 400-0000-4810 345.60 5/11/2023 606 - 22 Ford Rang #25G23Z Enterprise FM Trust 701-0000-4811 104.30 5/11/2023 305 - 22 Chev Silv #25G5QR Enterprise FM Trust 400-0000-4810 1,154.91 5/11/2023 416 - 23 Chev Silv #25XGMC Enterprise FM Trust 400-0000-4810 518.23 5/11/2023 140 - 22 Chev Silv #25G5J6 Enterprise FM Trust 400-0000-4811 208.17 5/11/2023 214 - 22 Chev Silv #25G5D2 Enterprise FM Trust 400-0000-4811 236.38 5/11/2023 201 - 22 GMC Yuko #25MPSN Enterprise FM Trust 400-0000-4811 272.18 5/11/2023 405 - 22 Chev Silv #25G5QQ Enterprise FM Trust 400-0000-4810 439.10 5/11/2023 412 - 22 GMC Sier #25H28F Enterprise FM Trust 400-0000-4810 621.21 5/11/2023 201 - 22 GMC Yuko #25MPSN Enterprise FM Trust 400-0000-4810 467.10 5/11/2023 405 - 22 Chev Silv #25G5QQ Enterprise FM Trust 400-0000-4811 511.50 5/11/2023 416 - 23 Chev Silv #25XGMC 17,600.42 5/11/2023 Enterprise FM Trust 17,600.42 Fareed Naif 700-7204-4901 50.00 5/11/2023 Waterwise Rebate - Toilet 50.00 5/11/2023 AP - Check Detail (5/16/2023)Page 12 of 39 119 Last Name Acct 1 Amount Check Date Description Fareed Naif 50.00 FedEx Office 701-0000-4120 15.96 4/18/2023 GF Shipping for Schonstedt FedEx Office 700-0000-4120 15.97 4/18/2023 GF Shipping for Schonstedt 31.93 4/18/2023 FedEx Office 31.93 Ferguson Waterworks 700-0000-4370 159.00 4/18/2023 JG Water Training Ferguson Waterworks 701-1130-4370 53.00 4/18/2023 Utility Solutions Expo Lenz Ferguson Waterworks 700-1130-4370 53.00 4/18/2023 Utility Solutions Expo Lenz Ferguson Waterworks 720-1130-4370 53.00 4/18/2023 Utility Solutions Expo Lenz Ferguson Waterworks 700-0000-4370 159.00 4/18/2023 BK Water Meter Training 477.00 4/18/2023 Ferguson Waterworks 477.00 Ferguson Waterworks #2518 700-0000-4550 256.28 5/4/2023 1 X 1/8 Rub Mtr Coup, 8X1 CC SSW Sgl, 8X1 CC Dbl Stud Ferguson Waterworks #2518 700-0000-4260 135.98 5/4/2023 Curb St Wrch, Curb BX Key 392.26 5/4/2023 Ferguson Waterworks #2518 700-0000-4550 431.50 5/11/2023 Rite Hite Adpt Slip Type Ferguson Waterworks #2518 700-0000-4550 1,090.85 5/11/2023 6 Splt Di, 10 Curb Wrch, 8 Curb st Wrch, 4 curb st wrch 1,522.35 5/11/2023 Ferguson Waterworks #2518 1,914.61 Fire Catt, LLC 101-1220-4530 4,231.50 5/11/2023 Fire hose testing 4,231.50 5/11/2023 Fire Catt, LLC 4,231.50 Fleet Farm 700-0000-4240 37.57 4/18/2023 MW Safety Ice Cleats AP - Check Detail (5/16/2023)Page 13 of 39 120 Last Name Acct 1 Amount Check Date Description 37.57 4/18/2023 Fleet Farm 37.57 Fun Express LLC 101-1612-4130 80.95 4/18/2023 Pastel Plastic Bags 200 ct 80.95 4/18/2023 Fun Express LLC 80.95 GMH ASPHALT CORP 601-6049-4751 119,292.98 5/4/2023 Brinker, Longacres, and Stone Creek - Project 22-01 119,292.98 5/4/2023 GMH ASPHALT CORP 119,292.98 GOPHER STATE ONE-CALL INC 700-0000-4300 234.90 5/4/2023 April, 2023 Services GOPHER STATE ONE-CALL INC 701-0000-4300 234.90 5/4/2023 April, 2023 Services 469.80 5/4/2023 GOPHER STATE ONE-CALL INC 469.80 Government Social Media, LLC 101-1125-4370 399.00 4/18/2023 Social Media and Communications Conference 399.00 4/18/2023 Government Social Media, LLC 399.00 Grainger 700-7019-4120 206.25 4/18/2023 JC Filter 3 4 Npt 140 Cfm 5 Mcron 206.25 4/18/2023 Grainger 206.25 Grammarly 101-1120-4360 412.08 4/18/2023 Grammarly annual add 3 seats for Kims admin team AP - Check Detail (5/16/2023)Page 14 of 39 121 Last Name Acct 1 Amount Check Date Description 412.08 4/18/2023 Grammarly 412.08 GRAYBAR 101-1350-4120 388.60 5/4/2023 HID Ballast Kit, HPS Localox 250W 388.60 5/4/2023 GRAYBAR 388.60 GREEN MEADOWS INC 101-0000-2073 1,000.00 5/11/2023 Erosion Control - Permit 2022-02048 - 7360 Kurvers Point Rd 1,000.00 5/11/2023 GREEN MEADOWS INC 1,000.00 Hach Company 700-7043-4160 324.00 4/18/2023 MW Chemkey Chlorine Hach Company 700-7019-4160 281.95 4/18/2023 JC Tisab Soln Chemkey Hach Company 700-7019-4160 506.06 4/18/2023 JC Chemkey Dissolved Iron Chlorine Fluoride 1,112.01 4/18/2023 Hach Company 1,112.01 Halfmoon Education 101-1310-4370 319.00 4/18/2023 Easements training for ENG staff 319.00 4/18/2023 Halfmoon Education 319.00 HAWKINS CHEMICAL 700-7043-4160 7,868.00 5/4/2023 Chlorine, Chlorine Cylinder 7,868.00 5/4/2023 HAWKINS CHEMICAL 7,868.00 AP - Check Detail (5/16/2023)Page 15 of 39 122 Last Name Acct 1 Amount Check Date Description HealthPartners, Inc.700-0000-2012 2,487.49 5/11/2023 June Health - Single HealthPartners, Inc.701-0000-2012 3,552.44 5/11/2023 June Health - Family HealthPartners, Inc.101-0000-2013 136.66 5/11/2023 June - Dental - Cobra HealthPartners, Inc.700-0000-2012 3,552.44 5/11/2023 June Health - Family HealthPartners, Inc.101-0000-2012 2,842.84 5/11/2023 June Health - Single - Cobra HealthPartners, Inc.720-0000-2013 91.08 5/11/2023 June - Dental HealthPartners, Inc.701-0000-2013 296.09 5/11/2023 June - Dental HealthPartners, Inc.720-0000-2012 1,421.42 5/11/2023 June Health - Single HealthPartners, Inc.700-0000-2013 387.17 5/11/2023 June - Dental HealthPartners, Inc.701-0000-2012 1,066.06 5/11/2023 June Health - Single HealthPartners, Inc.101-0000-2013 3,962.70 5/11/2023 June - Dental HealthPartners, Inc.101-0000-2012 39,076.84 5/11/2023 June Health - Family HealthPartners, Inc.101-0000-2012 1,776.22 5/11/2023 June Health - Family - Cobra HealthPartners, Inc.101-0000-2012 27,717.69 5/11/2023 June Health - Single 88,367.14 5/11/2023 HealthPartners, Inc. 88,367.14 Hodges Badge Company 101-1807-4130 496.40 4/18/2023 Medals for Rec Sports Hodges Badge Company 101-1806-4130 744.59 4/18/2023 Medals for Rec Sports 1,240.99 4/18/2023 Hodges Badge Company 1,240.99 Home Depot 701-0000-4120 3.21 4/18/2023 JJ Adapter Brass Home Depot 700-0000-4550 81.03 4/18/2023 BM Rubber Hose Washer Vinyl Tube Adapter Brass Cutting Diamond b Home Depot 700-0000-4550 20.37 4/18/2023 GF Supplies for Tower 2 Antenna Home Depot 701-0000-4551 81.02 4/18/2023 BM Rubber Hose Washer Vinyl Tube Adapter Brass Cutting Diamond b Home Depot 700-1384-4556 6.45 4/18/2023 JG Energizer 400L Headlamp Home Depot 700-0000-4260 32.70 4/18/2023 BM Folding Hex Key Sets Wrench Set Home Depot 700-0000-4120 3.21 4/18/2023 JJ Adapter Brass Home Depot 701-1384-4556 6.44 4/18/2023 JG Energizer 400L Headlamp Home Depot 701-0000-4260 32.70 4/18/2023 BM Folding Hex Key Sets Wrench Set 267.13 4/18/2023 Home Depot 267.13 AP - Check Detail (5/16/2023)Page 16 of 39 123 Last Name Acct 1 Amount Check Date Description Huchappaswamy Somashekara 700-7204-4901 50.00 5/11/2023 Waterwise Rebate - Toilet 50.00 5/11/2023 Huchappaswamy Somashekara 50.00 Indoor Landscapes Inc 101-1170-4300 187.00 5/4/2023 May Plant Service 187.00 5/4/2023 Indoor Landscapes Inc 187.00 Innovative Office Solutions LLC 101-1120-4110 -5.96 5/4/2023 Index Tab - Return Innovative Office Solutions LLC 101-1120-4110 25.40 5/4/2023 Filter, Hang Fldr Tab Innovative Office Solutions LLC 101-1120-4110 42.77 5/4/2023 Slfst Note, Paper, Refills Strip, Sharpie Marker Innovative Office Solutions LLC 101-1120-4110 5.96 5/4/2023 Index Tab Innovative Office Solutions LLC 101-1120-4110 62.09 5/4/2023 Pen, Label, Post-it flag, index flag 130.26 5/4/2023 Innovative Office Solutions LLC 130.26 International Association of Fire Chiefs 101-1220-4360 215.00 4/18/2023 Membership for IAFC and Great Lakes Div of IAFC 215.00 4/18/2023 International Association of Fire Chiefs 215.00 IUOE Local #49 701-0000-2004 47.22 5/4/2023 PR Batch 00404.05.2023 Local 49 dues IUOE Local #49 700-0000-2004 145.28 5/4/2023 PR Batch 00404.05.2023 Local 49 dues IUOE Local #49 101-0000-2004 402.50 5/4/2023 PR Batch 00404.05.2023 Local 49 dues 595.00 5/4/2023 IUOE Local #49 595.00 J.W. Pepper 101-1560-4130 75.99 4/18/2023 Chanolaires music AP - Check Detail (5/16/2023)Page 17 of 39 124 Last Name Acct 1 Amount Check Date Description 75.99 4/18/2023 J.W. Pepper 75.99 Jamf Software, LLC 101-1160-4205 136.00 4/18/2023 monthly jamf MDM charge 136.00 4/18/2023 Jamf Software, LLC 136.00 Jimmy Johns 101-1110-4372 91.30 4/18/2023 Council Dinner 2 27 23Jimmy Johns 91.30 4/18/2023 Jimmy Johns 91.30 Joe Franek Construction, LLC 101-0000-2073 250.00 5/11/2023 Erosion Control - Permit 2022-01881 - 1490 Pembroke Pass 250.00 5/11/2023 Joe Franek Construction, LLC 250.00 Jordan Manuel 720-7202-4130 73.23 5/11/2023 Arbor Day event food & beverage reimbursement 73.23 5/11/2023 Jordan Manuel 73.23 KATH FUEL OIL SERVICE 101-1370-4170 268.20 5/4/2023 DYNA Synthetic Lube 268.20 5/4/2023 KATH FUEL OIL SERVICE 268.20 KeeperSecurity.com 101-1160-4205 1,720.20 4/18/2023 Keeper Security PW Mgr 60 User Subscription AP - Check Detail (5/16/2023)Page 18 of 39 125 Last Name Acct 1 Amount Check Date Description 1,720.20 4/18/2023 KeeperSecurity.com 1,720.20 KENNEDY & GRAVEN, CHARTERED 605-6502-4300 9,220.29 5/4/2023 Acquisition of Right of Way CR 101 9,220.29 5/4/2023 KENNEDY & GRAVEN, CHARTERED 9,220.29 KIMLEY HORN AND ASSOCIATES INC 605-6503-4300 694.32 5/4/2023 TH 101 Reconstruction KIMLEY HORN AND ASSOCIATES INC 605-6502-4300 6,166.52 5/4/2023 TH 101 Reconstruction 6,860.84 5/4/2023 KIMLEY HORN AND ASSOCIATES INC 6,860.84 Krogstad Construction 101-0000-2073 500.00 5/11/2023 Erosion Control - Permit 2022-04111 - 8900 Audubon Rd 500.00 5/11/2023 Krogstad Construction 500.00 Lasercrafting 101-1120-4110 11.50 4/18/2023 Eric Maass Chamber Name Plate Lasercrafting 101-1120-4110 168.29 4/18/2023 Commission Name plates 179.79 4/18/2023 Lasercrafting 179.79 League of Minnesota Cities 101-1160-4370 20.00 4/18/2023 LMC Safety Loss Control Workshop 20.00 4/18/2023 League of Minnesota Cities 20.00 AP - Check Detail (5/16/2023)Page 19 of 39 126 Last Name Acct 1 Amount Check Date Description Lenz Taylor 700-0000-4380 39.76 5/4/2023 Utility Expo Mileage Lenz Taylor 701-0000-4380 39.76 5/4/2023 Utility Expo Mileage 79.52 5/4/2023 Lenz Taylor 79.52 LENZEN CHEVROLET BUICK 101-1550-4140 970.00 5/11/2023 Repair Left Cab Corner 970.00 5/11/2023 LENZEN CHEVROLET BUICK 970.00 Lunds & Byerly's 701-0000-4150 32.49 4/18/2023 AA Retirement Cake Lunds & Byerly's 101-1560-4130 43.43 4/18/2023 Cal Organic Farms Bunched Organic Carrots Organic Golden Beets Lunds & Byerly's 700-0000-4150 32.50 4/18/2023 AA Retirement Cake 108.42 4/18/2023 Lunds & Byerly's 108.42 LYMAN LUMBER 101-1550-4150 282.49 5/4/2023 2X8 12' Bench Boards 282.49 5/4/2023 LYMAN LUMBER 282.49 Magney Construction, Inc.700-7025-4751 60,277.50 5/4/2023 West Water Treatment Plant Radon Vent Improvements Magney Construction, Inc.700-7025-4751 30,162.50 5/4/2023 West Water Treatment Plant Radon Ventilation System Improvement 90,440.00 5/4/2023 Magney Construction, Inc. 90,440.00 Marco Inc 101-1160-4300 250.00 5/4/2023 Konica Copiers Reprogramming for Prox Cards 250.00 5/4/2023 AP - Check Detail (5/16/2023)Page 20 of 39 127 Last Name Acct 1 Amount Check Date Description Marco Inc 720-0000-4410 50.50 5/11/2023 Copier lease Marco Inc 701-0000-4410 101.00 5/11/2023 Copier lease Marco Inc 101-1170-4410 757.50 5/11/2023 Copier lease Marco Inc 700-0000-4410 101.00 5/11/2023 Copier lease 1,010.00 5/11/2023 Marco Inc 1,260.00 Martin Sophia 101-1539-4343 136.50 5/11/2023 Art Class Instruction 136.50 5/11/2023 Martin Sophia 136.50 Mason Matt 700-7204-4901 100.00 5/11/2023 Waterwise Rebate - Dishwasher 100.00 5/11/2023 Mason Matt 100.00 Mellgren Jacob 101-0000-2073 250.00 5/11/2023 Erosion Control - Permit 2022-02048 - 7360 Kurvers Point Rd 250.00 5/11/2023 Mellgren Jacob 250.00 Menards 700-7019-4150 769.98 4/18/2023 JC Shelf Stack Bin pipe wrench parts organizer cable tie Groove Menards 700-7043-4510 140.21 4/18/2023 MW Floor Squeegee Boot Tray Tape Bungeex Wastebasket Clorox Wip 910.19 4/18/2023 Menards 910.19 Merlins Ace Hardware 101-1600-4130 51.98 4/18/2023 Office Paint Merlins Ace Hardware 700-0000-4510 14.99 4/18/2023 TM Drbtm Vyl CDB 134 Merlins Ace Hardware 700-0000-4550 86.12 4/18/2023 TM Slt Gry 1gal roller paintbrush paint tray Merlins Ace Hardware 101-1170-4530 214.73 4/18/2023 Heaters for Finance and Future issues AP - Check Detail (5/16/2023)Page 21 of 39 128 Last Name Acct 1 Amount Check Date Description 367.82 4/18/2023 MERLINS ACE HARDWARE 101-1320-4260 59.97 5/11/2023 Rake MERLINS ACE HARDWARE 101-1170-4530 15.99 5/11/2023 Pic Hanging Kit MERLINS ACE HARDWARE 101-1320-4150 53.55 5/11/2023 Spider Driver Bit, numbers MERLINS ACE HARDWARE 700-0000-4260 14.99 5/11/2023 Aer Removal Key Tool MERLINS ACE HARDWARE 101-1220-4290 22.34 5/11/2023 D-Grip Rplc Handle, Spry Pnt Fsn MERLINS ACE HARDWARE 101-1320-4120 93.50 5/11/2023 Adhesive Clr 20oz, Battery MERLINS ACE HARDWARE 101-1550-4120 465.04 5/11/2023 Clamping Piece, Glue, subfloor, stihl pro Mark Helmet MERLINS ACE HARDWARE 101-1320-4157 50.97 5/11/2023 Blacktop Repair MERLINS ACE HARDWARE 101-1310-4140 44.99 5/11/2023 Transponder Key MERLINS ACE HARDWARE 700-0000-4150 18.73 5/11/2023 Contrator Bag 55G MERLINS ACE HARDWARE 700-7043-4510 12.56 5/11/2023 Elbow, Adapter, Pipe MERLINS ACE HARDWARE 701-0000-4150 13.99 5/11/2023 Contractor Bag 55 G MERLINS ACE HARDWARE 101-1550-4150 16.15 5/11/2023 Turnbkl, ferrule/Stops MERLINS ACE HARDWARE 101-1550-4140 47.52 5/11/2023 Vinyl Adhv 930.29 5/11/2023 MERLINS ACE HARDWARE 1,298.11 Metronet Holdings, LLC 700-7043-4310 55.63 5/11/2023 Monthly Service - Water plant 55.63 5/11/2023 Metronet Holdings, LLC 55.63 Metropolitan Council Enviromental Services 701-0000-4509 20,000.00 4/18/2023 MCES WW Services Apr 2023 20,000.00 4/18/2023 Metropolitan Council Enviromental Services 20,000.00 Microsoft 101-1160-4211 192.00 4/18/2023 MS Exchange Online P1 GCC Renewal 4 192.00 4/18/2023 AP - Check Detail (5/16/2023)Page 22 of 39 129 Last Name Acct 1 Amount Check Date Description Microsoft 192.00 MID COUNTY COOP 101-1370-4170 6,318.00 5/4/2023 Dyed Fuel Oil 6,318.00 5/4/2023 MID COUNTY COOP 6,318.00 Minneapolis Oxygen Company 700-0000-4260 994.63 5/11/2023 Clinder, oxygen, bal argo, nitrogen acetylene Minneapolis Oxygen Company 101-1550-4260 994.63 5/11/2023 Clinder, oxygen, bal argo, nitrogen acetylene Minneapolis Oxygen Company 701-0000-4260 994.63 5/11/2023 Clinder, oxygen, bal argo, nitrogen acetylene Minneapolis Oxygen Company 101-1370-4260 994.62 5/11/2023 Clinder, oxygen, bal argo, nitrogen acetylene Minneapolis Oxygen Company 101-1320-4260 994.63 5/11/2023 Clinder, oxygen, bal argo, nitrogen acetylene 4,973.14 5/11/2023 Minneapolis Oxygen Company 4,973.14 Minnesota Roadways Co 101-1320-4157 338.20 5/4/2023 Slow Set Asphalt Emulsion 338.20 5/4/2023 Minnesota Roadways Co 338.20 Minnesota Rural Water Association 700-0000-4370 150.00 4/18/2023 JC Training Minnesota Rural Water Association 150.00 4/18/2023 Minnesota Rural Water Association 150.00 MN Association of Government Communicators 101-1125-4360 95.00 4/18/2023 Award Submission for MAGC MN Association of Government Communicators 101-1125-4360 95.00 4/18/2023 Award Submission for MAGC MN Association of Government Communicators 101-1125-4360 95.00 4/18/2023 Award Submission for MAGC MN Association of Government Communicators 101-1125-4360 95.00 4/18/2023 Award Submission for MAGC 380.00 4/18/2023 AP - Check Detail (5/16/2023)Page 23 of 39 130 Last Name Acct 1 Amount Check Date Description MN Association of Government Communicators 380.00 MN Dept of Labor and Industry 101-1250-4370 85.00 4/18/2023 Spring Seminar Eric Tessman MN Dept of Labor and Industry 101-1250-4370 45.00 4/18/2023 Spring Seminar Dave Ding MN Dept of Labor and Industry 101-1250-4370 85.00 4/18/2023 Spring Seminar Joe Gibbons 215.00 4/18/2023 MN DEPT OF LABOR AND INDUSTRY 101-1250-3818 -52.85 5/11/2023 April, 2023 Surcharge Report MN DEPT OF LABOR AND INDUSTRY 101-0000-2022 2,642.65 5/11/2023 April, 2023 Surcharge Report 2,589.80 5/11/2023 MN DEPT OF LABOR AND INDUSTRY 2,804.80 MN Government Finance Officers Association 101-1130-4360 70.00 4/18/2023 MNGFOA Membership Hiivala 70.00 4/18/2023 MN Government Finance Officers Association 70.00 MN NCPERS LIFE INSURANCE 101-0000-2037 112.00 5/4/2023 PR Batch 00404.05.2023 NCPERS-Life Insurance 112.00 5/4/2023 MN NCPERS LIFE INSURANCE 112.00 MN Pollution Control Agency 701-0000-4370 260.00 4/18/2023 Training Certification MN Pollution Control Agency 701-0000-4370 5.59 4/18/2023 Training Certification 265.59 4/18/2023 MN Pollution Control Agency 265.59 MN RECREATION & PARK ASSOC.101-1766-4130 200.00 5/4/2023 Softball Team Registrations 200.00 5/4/2023 AP - Check Detail (5/16/2023)Page 24 of 39 131 Last Name Acct 1 Amount Check Date Description MN RECREATION & PARK ASSOC. 200.00 MN Recreation and Park Association 101-1520-4360 25.00 4/18/2023 Minnesota Recreation Park Foundation membership required for 25.00 4/18/2023 MN Recreation and Park Association 25.00 MN VALLEY ELECTRIC COOP 101-1600-4320 48.08 5/4/2023 Hwy 101/Pionr Trl Signal MN VALLEY ELECTRIC COOP 101-1350-4320 178.70 5/4/2023 Bluff Crk Blvd Lights MN VALLEY ELECTRIC COOP 101-1350-4320 42.52 5/4/2023 96th St & St Hwy 101 Lights MN VALLEY ELECTRIC COOP 701-0000-4320 618.74 5/4/2023 Hwy 101/Pionr Trl Signal MN VALLEY ELECTRIC COOP 101-1350-4320 38.17 5/4/2023 Bluff Crk & Audubon Rd MN VALLEY ELECTRIC COOP 101-1350-4320 47.99 5/4/2023 Kiowa Trl & St Hwy 101 Lights MN VALLEY ELECTRIC COOP 101-1350-4320 5,883.12 5/4/2023 Hwy 101/Pionr Trl Signal MN VALLEY ELECTRIC COOP 101-1350-4320 105.26 5/4/2023 2151 Lyman Blvd MN VALLEY ELECTRIC COOP 700-0000-4320 197.36 5/4/2023 Hwy 101/Pionr Trl Signal MN VALLEY ELECTRIC COOP 101-1350-4320 155.25 5/4/2023 Bandimere Park Lights 7,315.19 5/4/2023 MN VALLEY ELECTRIC COOP 7,315.19 Mobile Mini, Inc 101-1617-4400 399.97 5/11/2023 Cleaning, Repairs Mobile Mini, Inc 101-1617-4400 307.74 5/11/2023 cleaning, repairs Mobile Mini, Inc 101-1617-4400 -279.97 5/11/2023 Damages Mobile Mini, Inc 101-1617-4400 -139.98 5/11/2023 Damages 287.76 5/11/2023 Mobile Mini, Inc 287.76 Monoprice.com 101-1170-4121 343.58 4/18/2023 Electric Sit Stand Desk Frame black 343.58 4/18/2023 Monoprice.com 343.58 AP - Check Detail (5/16/2023)Page 25 of 39 132 Last Name Acct 1 Amount Check Date Description MURPHY-SALVADOR LISA 700-0000-2020 454.15 5/11/2023 Refund Check 103316-000, 491 BIGHORN DRIVE MURPHY-SALVADOR LISA 701-0000-2020 406.36 5/11/2023 Refund Check 103316-000, 491 BIGHORN DRIVE MURPHY-SALVADOR LISA 700-0000-2020 10.25 5/11/2023 Refund Check 103316-000, 491 BIGHORN DRIVE MURPHY-SALVADOR LISA 720-0000-2020 79.58 5/11/2023 Refund Check 103316-000, 491 BIGHORN DRIVE 950.34 5/11/2023 MURPHY-SALVADOR LISA 950.34 National Mahjongg League 101-1560-4130 225.00 4/18/2023 Playing cards for Mah Jongg 101 class in March April 225.00 4/18/2023 National Mahjongg League 225.00 National Registry Of EMT 101-1220-4300 125.00 4/18/2023 Payment vouchers for EMT license renewals 2023 National Registry Of EMT 101-1220-4300 25.00 4/18/2023 EMT Recert Fee D Johnson National Registry Of EMT 101-1220-4300 25.00 4/18/2023 EMT Recertification R White 175.00 4/18/2023 National Registry Of EMT 175.00 NESSLY JULIE 700-7204-4901 100.00 5/11/2023 Waterwise Rebate - Dishwasher 100.00 5/11/2023 NESSLY JULIE 100.00 Northern Tool+Equipment 700-0000-4120 16.12 4/18/2023 JJ Pressure Washer Oil Northern Tool+Equipment 701-0000-4120 16.12 4/18/2023 JJ Pressure Washer Oil 32.24 4/18/2023 Northern Tool+Equipment 32.24 Office Max/Office Depot 101-1220-4121 85.89 4/18/2023 2 Drwr File Cabinet Office Max/Office Depot 101-1220-4290 270.71 4/18/2023 Deep Tray Cart Orgnzr dsk organzier Strips hook Clorox AP - Check Detail (5/16/2023)Page 26 of 39 133 Last Name Acct 1 Amount Check Date Description Office Max/Office Depot 101-1530-4120 472.44 4/18/2023 Replacement safe for front desk Office Max/Office Depot 101-1160-4132 26.83 4/18/2023 USB Flash Drive 256GB Office Max/Office Depot 101-1320-4310 -49.35 4/18/2023 USB Type C-A, B - Return 806.52 4/18/2023 Office Max/Office Depot 806.52 O'Reilly Auto Parts 701-0000-4120 27.36 4/18/2023 BK Polish Tire Foam 27.36 4/18/2023 O'Reilly Auto Parts 27.36 O'Reilly Automotive Inc 101-1310-4140 32.33 5/4/2023 W FM trnsmtr O'Reilly Automotive Inc 701-0000-4140 68.83 5/4/2023 semi-met pad O'Reilly Automotive Inc 101-1220-4140 39.66 5/4/2023 Stat Hsg Asy O'Reilly Automotive Inc 101-1550-4140 21.89 5/4/2023 bolt kit O'Reilly Automotive Inc 701-0000-4140 11.18 5/4/2023 bolt kit 173.89 5/4/2023 O'Reilly Automotive Inc 173.89 PALMER PAUL 101-1766-4341 114.00 5/4/2023 Softball Umpire - 4 games 114.00 5/4/2023 PALMER PAUL 101-1766-4341 114.00 5/11/2023 Softball Umpire - 4 games 114.00 5/11/2023 PALMER PAUL 228.00 Panera Bread 101-1123-4381 6.36 4/18/2023 Coffee with Jolene Ameriprise Financial Panera Bread 101-1220-4290 127.06 4/18/2023 Food for Interview Panel Physical Agility Helpers 133.42 4/18/2023 AP - Check Detail (5/16/2023)Page 27 of 39 134 Last Name Acct 1 Amount Check Date Description Panera Bread 133.42 Pettingill Jessica 700-7204-4901 100.00 5/11/2023 Waterwise Rebate - Clothes Washer 100.00 5/11/2023 Pettingill Jessica 100.00 PILGRIM DRY CLEANERS 101-1220-4300 551.21 5/4/2023 April, 2023 Laundry Service 551.21 5/4/2023 PILGRIM DRY CLEANERS 551.21 Pinnacle Pest Control 101-1312-4300 250.00 5/11/2023 Pest Control - Public Works Pinnacle Pest Control 101-1220-4300 200.00 5/11/2023 Pest Control - Fire Station Pinnacle Pest Control 101-1170-4300 200.00 5/11/2023 Pest Control - City Hall Pinnacle Pest Control 700-7019-4300 125.00 5/11/2023 Pest Control - Water Treatment Plant East Pinnacle Pest Control 700-7043-4300 125.00 5/11/2023 Pest Control - Water Treatment Plant West Pinnacle Pest Control 101-1190-4300 225.00 5/11/2023 Pest Control - Library 1,125.00 5/11/2023 Pinnacle Pest Control 1,125.00 Pioneer Manufacturing Co., Inc.101-1550-4150 2,070.40 5/4/2023 Brite Stripe White, PHD Ultra Friendly Cleaner 2,070.40 5/4/2023 Pioneer Manufacturing Co., Inc. 2,070.40 Postmaster 101-1120-4330 10.40 4/18/2023 Postage Mailed Retirement Gift to Chihos 10.40 4/18/2023 POSTMASTER 701-1130-4330 336.53 5/1/2023 Utility Statements POSTMASTER 700-1130-4330 336.53 5/1/2023 Utility Statements POSTMASTER 720-1130-4330 168.26 5/1/2023 Utility Statements AP - Check Detail (5/16/2023)Page 28 of 39 135 Last Name Acct 1 Amount Check Date Description 841.32 5/1/2023 POSTMASTER 851.72 PRECISE MRM LLC 101-1320-4300 273.00 5/11/2023 2023-03 Subscription - 10 MB Flat Data 273.00 5/11/2023 PRECISE MRM LLC 273.00 Precision Decks LLC 101-0000-2073 250.00 5/11/2023 Erosion Control - Permit 2022-00264 - 6410 Bretton Way 250.00 5/11/2023 Precision Decks LLC 250.00 Premium Waters, Inc 101-1550-4120 -30.90 5/4/2023 Bottle Refund Premium Waters, Inc 101-1550-4120 4.00 5/4/2023 Monthly December, 2022 Premium Waters, Inc 101-1550-4120 4.00 5/4/2023 Monthly January, 2023 Premium Waters, Inc 101-1550-4120 4.32 5/4/2023 Monthly April, 2023 Premium Waters, Inc 101-1550-4120 74.40 5/4/2023 Chip 5 Gal Premium Waters, Inc 101-1550-4120 4.00 5/4/2023 Monthly February, 2023 Premium Waters, Inc 101-1550-4120 4.00 5/4/2023 Monthly March, 2023 63.82 5/4/2023 Premium Waters, Inc 63.82 Pro-Tec Design, Inc.101-1170-4510 257.64 5/4/2023 Strike Spring Kit, Service Specialist 257.64 5/4/2023 Pro-Tec Design, Inc. 257.64 Qayyum Mazher Abdul 700-7204-4901 50.00 5/11/2023 Waterwise Rebate - Toilet AP - Check Detail (5/16/2023)Page 29 of 39 136 Last Name Acct 1 Amount Check Date Description 50.00 5/11/2023 Qayyum Mazher Abdul 50.00 Raftelis 101-1120-4300 8,050.00 5/4/2023 Chanhassen - Op Assessment Staffing - April, 2023 8,050.00 5/4/2023 Raftelis 8,050.00 Revolution Dancewear 101-1534-4127 78.95 4/18/2023 Dance costumes 78.95 4/18/2023 Revolution Dancewear 78.95 RoboForm 101-1160-4205 23.88 4/18/2023 Robo Form PW Mgr Renewal 23.88 4/18/2023 RoboForm 23.88 Roder Val 101-1560-4343 200.00 5/11/2023 Chair Yoga 200.00 5/11/2023 Roder Val 200.00 Saferite Solutions 701-0000-4260 236.82 4/18/2023 JG Stretch Shock Absorbing Lanyard and Climbing Positioning Safe Saferite Solutions 700-0000-4260 236.81 4/18/2023 JG Stretch Shock Absorbing Lanyard and Climbing Positioning Safe Saferite Solutions 101-1320-4260 236.88 4/18/2023 JG Stretch Shock Absorbing Lanyard and Climbing Positioning Safe 710.51 4/18/2023 Saferite Solutions 710.51 AP - Check Detail (5/16/2023)Page 30 of 39 137 Last Name Acct 1 Amount Check Date Description Sarles Jodi 101-0000-1028 300.00 5/4/2023 Dance Recital Change 300.00 5/4/2023 Sarles Jodi 300.00 SCOTT NELSON COACHING INC 101-1250-4300 125.00 5/4/2023 Leadership Coaching - E Tessman SCOTT NELSON COACHING INC 101-1220-4300 375.00 5/4/2023 Leadership Coaching - M Smith 500.00 5/4/2023 SCOTT NELSON COACHING INC 500.00 Sign Inn Sheet App 101-1110-4372 199.00 4/18/2023 Sign in Sheet Software 199.00 4/18/2023 Sign Inn Sheet App 199.00 Singer Jennifer 700-7204-4901 100.00 5/11/2023 Waterwise Rebate- Dishwasher 100.00 5/11/2023 Singer Jennifer 100.00 SNAP-ON INDUSTRIAL 101-1370-4260 336.19 5/11/2023 Air Hammer Red 336.19 5/11/2023 SNAP-ON INDUSTRIAL 336.19 SOUTHVIEW DESIGN INC 101-0000-2073 500.00 5/11/2023 Erosion Control - Permit 2022-01214 - 6410 Bretton Way 500.00 5/11/2023 SOUTHVIEW DESIGN INC 500.00 AP - Check Detail (5/16/2023)Page 31 of 39 138 Last Name Acct 1 Amount Check Date Description SOUTHWEST LOCK & KEY 101-1312-4510 825.75 5/4/2023 Service work on Public works doors 825.75 5/4/2023 SOUTHWEST LOCK & KEY 825.75 Southwest Metro Chamber of Commerce 101-1123-4381 40.00 4/18/2023 Chamber Luncheon 3 22 2023 40.00 4/18/2023 Southwest Metro Chamber of Commerce 40.00 SOUTHWEST NEWS MEDIA 101-1110-4336 126.72 5/11/2023 Legal Notice SOUTHWEST NEWS MEDIA 101-1310-4336 195.44 5/11/2023 Legal Notice SOUTHWEST NEWS MEDIA 101-1310-4336 96.00 5/11/2023 Legal Notice SOUTHWEST NEWS MEDIA 101-1110-4336 284.16 5/11/2023 Legal Notice 702.32 5/11/2023 SOUTHWEST NEWS MEDIA 702.32 St Cloud Parking 700-0000-4381 10.00 4/18/2023 MW Parking for Training St Cloud Parking 700-0000-4381 10.00 4/18/2023 MW Parking for Training St Cloud Parking 700-0000-4381 5.50 4/18/2023 MW Parking for Training 25.50 4/18/2023 St Cloud Parking 25.50 Stantec Consulting Services, Inc.720-7025-4300 241.50 5/4/2023 Cranes Vineyard Design and Construction 241.50 5/4/2023 Stantec Consulting Services, Inc. 241.50 Stratoguard, LLC 101-1160-4205 221.76 4/18/2023 Proofpoint Email Filter Service March AP - Check Detail (5/16/2023)Page 32 of 39 139 Last Name Acct 1 Amount Check Date Description 221.76 4/18/2023 Stratoguard, LLC 221.76 SUBBIAH ARUN 720-0000-2020 5.15 5/11/2023 Refund Check - acct 097288-000 SUBBIAH ARUN 701-0000-2020 20.70 5/11/2023 Refund Check - acct 097288-000 SUBBIAH ARUN 700-0000-2020 25.44 5/11/2023 Refund Check - acct 097288-000 51.29 5/11/2023 SUBBIAH ARUN 51.29 Sun Life Financial 701-0000-2015 47.89 5/4/2023 LTD - May, 2023 Sun Life Financial 720-0000-2011 18.20 5/4/2023 Life Insurance - May, 2023 Sun Life Financial 700-0000-2011 40.34 5/4/2023 Life Insurance - May, 2023 Sun Life Financial 701-0000-2037 106.97 5/4/2023 Life Insurance - May, 2023 Sun Life Financial 101-0000-2015 1,209.10 5/4/2023 LTD - May, 2023 Sun Life Financial 700-0000-2037 106.97 5/4/2023 Life Insurance - May, 2023 Sun Life Financial 700-0000-2015 80.03 5/4/2023 LTD - May, 2023 Sun Life Financial 101-0000-2011 607.53 5/4/2023 Life Insurance - May, 2023 Sun Life Financial 701-0000-2011 24.13 5/4/2023 Life Insurance - May, 2023 Sun Life Financial 720-0000-2015 36.07 5/4/2023 LTD - May, 2023 Sun Life Financial 101-0000-2011 6.97 5/4/2023 Life Insurance - Cobra - May, 2023 Sun Life Financial 101-0000-2037 936.18 5/4/2023 Life Insurance - May, 2023 3,220.38 5/4/2023 Sun Life Financial 3,220.38 Survey Monkey 101-1120-4360 192.00 4/18/2023 Survey Monkey 192.00 4/18/2023 Survey Monkey 192.00 Target 700-0000-4511 14.97 4/18/2023 BM Threshold Dawn Scotch Brite Target 101-1537-4130 23.00 4/18/2023 Cups Lemonade for Super Hero Party Target 101-1530-4130 27.56 4/18/2023 Batteries hair bands AP - Check Detail (5/16/2023)Page 33 of 39 140 Last Name Acct 1 Amount Check Date Description Target 701-0000-4511 14.97 4/18/2023 BM Threshold Dawn Scotch Brite Target 101-1537-4130 -8.14 4/18/2023 Cups for Super Hero Party 72.36 4/18/2023 Target 72.36 Techniques Construction 101-0000-2073 1,000.00 5/11/2023 Erosion Control - Permit 2022-01108 - 6430 Pleasant View Lane 1,000.00 5/11/2023 Techniques Construction 1,000.00 TFORCE FINAL MILE 101-1420-4300 105.42 5/4/2023 Delivery Service - Campbell Knutson 105.42 5/4/2023 TFORCE FINAL MILE 105.42 THE GREENWORLD PROJECT 720-7202-4130 231.65 5/11/2023 Tree Seedling for Arbor day 231.65 5/11/2023 THE GREENWORLD PROJECT 231.65 TimeSaver Off Site Secretarial, Inc 210-0000-4300 590.25 5/4/2023 City Council and EDC Meeting Minutes 590.25 5/4/2023 TimeSaver Off Site Secretarial, Inc 590.25 Title Choice 701-0000-2020 42.79 5/11/2023 Utility Refund - 7617 Frontier Trail Title Choice 700-0000-2020 8.78 5/11/2023 Utility Refund - 7617 Frontier Trail Title Choice 720-0000-2020 61.50 5/11/2023 Utility Refund - 7617 Frontier Trail 113.07 5/11/2023 AP - Check Detail (5/16/2023)Page 34 of 39 141 Last Name Acct 1 Amount Check Date Description Title Choice 113.07 TJ Office Furniture 101-1170-4121 526.13 4/18/2023 Furniture for Laurie's office TJ Office Furniture 101-1170-4121 536.88 4/18/2023 Rolling Training Table Guest Chair Whiteboard 1,063.01 4/18/2023 TJ Office Furniture 1,063.01 Tonka United 101-1600-4300 1,012.68 5/4/2023 Robot Rental, Field Paint 1,012.68 5/4/2023 Tonka United 1,012.68 Tono Pizzeria 101-1123-4381 18.81 4/18/2023 Lunch with Parth Polimorphic and Laurie 18.81 4/18/2023 Tono Pizzeria 18.81 TOWN & COUNTRY FENCE 701-0000-4551 1,600.00 5/4/2023 Repair 30 IF of 6' Tall Chain Link Fence 1,600.00 5/4/2023 TOWN & COUNTRY FENCE 1,600.00 TWIN CITY SEED CO.101-1320-4158 367.50 5/4/2023 Athletic Turf Mix, Sun/Shade Lawn Seed Mix TWIN CITY SEED CO.101-1550-4150 752.50 5/4/2023 Athletic Turf Mix, Sun/Shade Lawn Seed Mix 1,120.00 5/4/2023 TWIN CITY SEED CO. 1,120.00 TWO TEACHER CONSTRUCTION 101-0000-2073 250.00 5/11/2023 Erosion Control - Permit 2022-03065 - 6915 Ruby Ln AP - Check Detail (5/16/2023)Page 35 of 39 142 Last Name Acct 1 Amount Check Date Description 250.00 5/11/2023 TWO TEACHER CONSTRUCTION 250.00 U of M Contlearning 101-1320-4370 -30.00 4/18/2023 CB Training Refund U of M Contlearning 101-1320-4370 75.00 4/18/2023 CB Management Operations and Maintenance Fundamentals Training 45.00 4/18/2023 U of M Contlearning 45.00 US Bank Rebate 101-1130-3903 -2,664.17 4/18/2023 US Bank Rebate -2,664.17 4/18/2023 US Bank Rebate -2,664.17 USABlueBook 700-0000-4150 106.81 4/18/2023 MW Nalgene Autoclavable Wide Mouth Bottles 106.81 4/18/2023 USABlueBook 106.81 VERIZON WIRELESS 700-0000-4310 549.08 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1250-4310 323.38 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1310-4310 219.45 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 701-0000-4310 404.57 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1420-4310 41.11 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1170-4310 46.11 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1312-4310 87.22 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1125-4310 41.11 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1160-4310 138.33 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1540-4310 59.36 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1520-4310 51.87 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1530-4310 41.11 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1370-4310 89.19 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1220-4310 1,412.70 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1120-4310 157.24 5/4/2023 Monthly Service - March 19 - April 18 AP - Check Detail (5/16/2023)Page 36 of 39 143 Last Name Acct 1 Amount Check Date Description VERIZON WIRELESS 101-1320-4310 401.47 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1110-4310 40.01 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-0000-2033 10.98 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1550-4310 432.45 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 101-1600-4310 128.33 5/4/2023 Monthly Service - March 19 - April 18 VERIZON WIRELESS 720-0000-4310 475.62 5/4/2023 Monthly Service - March 19 - April 18 5,150.69 5/4/2023 VERIZON WIRELESS 5,150.69 Vivien W Shen Trust 101-0000-2022 1.87 5/11/2023 Overpayment on Surcharge - Permit 2023-00701 1.87 5/11/2023 Vivien W Shen Trust 1.87 W.L. Hall Co.400-0000-4706 60,635.00 5/4/2023 Chanhassen Rec Center W.L. Hall Co.402-4125-4706 11,746.45 5/4/2023 Chanhassen Rec Center 72,381.45 5/4/2023 W.L. Hall Co. 72,381.45 Wal-Mart 101-1120-4300 504.94 4/18/2023 FRAUD Wal-Mart 101-1120-4300 504.94 4/18/2023 FRAUD Wal-Mart 101-1120-4300 504.94 4/18/2023 FRAUD 1,514.82 4/18/2023 Wal-Mart 1,514.82 Warning Lites of Minnesota, Inc.101-1600-4410 739.00 5/4/2023 Cone - Reflective Warning Lites of Minnesota, Inc.101-1550-4120 1,478.00 5/4/2023 Cone - Reflective Warning Lites of Minnesota, Inc.101-1320-4260 1,478.00 5/4/2023 Cone - Reflective 3,695.00 5/4/2023 AP - Check Detail (5/16/2023)Page 37 of 39 144 Last Name Acct 1 Amount Check Date Description Warning Lites of Minnesota, Inc. 3,695.00 Waste Management of Minnesota, Inc 101-1550-4329 608.53 5/11/2023 Monthly Service - 7901 Park Pl Waste Management of Minnesota, Inc 101-1312-4329 136.99 5/11/2023 Monthly Service - 7901 Park Pl Waste Management of Minnesota, Inc 700-0000-4329 17.12 5/11/2023 Monthly Service - 7901 Park Pl Waste Management of Minnesota, Inc 701-0000-4329 17.12 5/11/2023 Monthly Service - 7901 Park Pl Waste Management of Minnesota, Inc 101-1170-4329 452.52 5/11/2023 Monthly Service - 7700 Market Blvd Waste Management of Minnesota, Inc 720-7202-4329 43.02 5/11/2023 Monthly Service - Lyman Community Garden Waste Management of Minnesota, Inc 101-1220-4329 104.15 5/11/2023 Monthly Service - 7610 Laredo Dr Waste Management of Minnesota, Inc 101-1190-4329 326.02 5/11/2023 Monthly Service - 7711 Kerber Blvd 1,705.47 5/11/2023 Waste Management of Minnesota, Inc 1,705.47 Water Conservation Services, Inc.700-0000-4300 825.69 5/11/2023 Leak Locate - 1420 Hero Dr, 251 Trappers Pass 825.69 5/11/2023 Water Conservation Services, Inc. 825.69 Water Environment Federation 700-0000-4360 69.00 4/18/2023 JC Water Environment Federation 69.00 4/18/2023 Water Environment Federation 69.00 WEISSMAN 101-1534-4127 158.21 4/18/2023 Costumes WEISSMAN 101-1534-4127 491.89 4/18/2023 Tights for dance 650.10 4/18/2023 WEISSMAN 650.10 Weller Truck - Minn 101-1320-4140 -724.93 4/18/2023 CS Core Rebuild Credit -724.93 4/18/2023 AP - Check Detail (5/16/2023)Page 38 of 39 145 Last Name Acct 1 Amount Check Date Description Weller Truck - Minn -724.93 WSB & ASSOCIATES INC 700-0000-4300 705.00 5/11/2023 WTP Radon & Humidity Mitigation Study WSB & ASSOCIATES INC 701-6040-4300 587.77 5/11/2023 Galpin Blvd Improvement Project WSB & ASSOCIATES INC 601-6140-4300 14,537.80 5/11/2023 Galpin Blvd Improvement Project WSB & ASSOCIATES INC 700-6040-4300 587.78 5/11/2023 Galpin Blvd Improvement Project WSB & ASSOCIATES INC 601-6040-4300 4,845.93 5/11/2023 Galpin Blvd Improvement Project 21,264.28 5/11/2023 WSB & ASSOCIATES INC 21,264.28 XCEL ENERGY INC 101-1350-4320 36.30 5/4/2023 Monthly Service - 9000 Audubon Rd Unit Signal XCEL ENERGY INC 101-1600-4320 218.38 5/4/2023 Monthly Service - Park Shelters XCEL ENERGY INC 101-1550-4320 -50.72 5/4/2023 Monthly Service - Parks XCEL ENERGY INC 101-1540-4320 698.68 5/4/2023 Monthly Service - Parks XCEL ENERGY INC 101-1600-4320 108.35 5/4/2023 Monthly Service - Parks XCEL ENERGY INC 101-1350-4320 22,978.52 5/4/2023 Monthly Service - Signals/Lights XCEL ENERGY INC 101-1350-4320 7.52 5/4/2023 Monthly Service - 1532 Lyman Blvd XCEL ENERGY INC 700-7019-4320 3,803.59 5/4/2023 Monthly Service - East Water Treatment Plant XCEL ENERGY INC 101-1600-4320 37.33 5/4/2023 Monthly Service - 7599 Minnewashta Pkwy XCEL ENERGY INC 700-0000-4320 159.94 5/4/2023 Monthly Service - 6431 Hazeltine Blvd 27,997.89 5/4/2023 XCEL ENERGY INC 27,997.89 Zoom 101-1160-4207 85.90 4/18/2023 monthly zoom webinar charge 85.90 4/18/2023 Zoom 85.90 631,973.97 AP - Check Detail (5/16/2023)Page 39 of 39 146 City Council Item May 22, 2023 Item Approve Permit for Fireworks Display at Lake Minnewashta, July 3, 2023 File No.Item No: D.7 Agenda Section CONSENT AGENDA Prepared By Ana Fatturi, Fire Inspector/Admin Specialist Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the permit for RESPyro for a pyrotechnic display for the Lake Minnewashta 4th of July Celebration at Lake Minnewashta on July 3, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND The Lake Minnewashta 4th of July Celebration Planning Committee hosts an Annual Fireworks Display during the 4th of July celebration. The fireworks display is scheduled for July 3 and is held at Lake Minnewashta Regional Park. The ordinance and authorized launching personnel are provided by a licensed contractor. The Chanhassen Fire Department will inspect and supervise the launch from inside Lake Minnewashta Park. This year we will also deploy a UAV immediately after the display ends to aid in identifying and extinguishing any hot spots on city, county, and neighboring properties. DISCUSSION BUDGET 147 RECOMMENDATION Staff recommends that the City Council approve the Fireworks Application for the 2023 event planned for July 3rd. ATTACHMENTS Lake Minnewashta Fireworks Display Permit Application 148 149 150 151 City Council Item May 22, 2023 Item Approve Permit for Fireworks Display at Lake Ann Park, July 4, 2023 File No.Item No: D.8 Agenda Section CONSENT AGENDA Prepared By Ana Fatturi, Fire Inspector/Admin Specialist Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the permit for J&M Displays, Inc. for a pyrotechnic display for the City of Chanhassen's 4th of July Celebration at Lake Ann Park on July 4, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND The Chanhassen Parks and Recreation Department hosts an Annual Fireworks Display during the 4th of July celebration. The fireworks display is held at Lake Ann Park, and the ordinance and authorized launching personnel are provided by a licensed contractor. The Chanhassen Fire Department will inspect and supervise the launch from inside Lake Ann Park. This year, we will again deploy a UAV immediately after the display ends to aid in identifying and extinguishing any hot spots on city property, as well as the adjacent Eckankar property. Signed use agreements are in place for Eckankar. DISCUSSION BUDGET 152 RECOMMENDATION Staff recommends that the City Council approve the Fireworks Application for the 2023 event planned for July 4th. ATTACHMENTS Fireworks Display Permit Application 153 154 155 156 157 158 City Council Item May 22, 2023 Item Approve an Encroachment Agreement between City of Chanhassen and Bria Homstad and Scott Homstad File No.N/A Item No: D.9 Agenda Section CONSENT AGENDA Prepared By Stacy Osen, Administrative Support Specialist Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council approves an encroachment agreement allowing Bria and Scott Homstad to construct a fence on the subject property that encroaches into the city's easement area at 995 Lake Susan Hills Drive." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY N/A BACKGROUND The property owners of 995 Lake Susan Hills Drive (Bria & Scott Homstad), desire to construct and install a fence on the property, which is legally described as Lot 3, Block 1, Lake Susan Hills West 9th Addition. This fence will encroach into the city's easement areas which by itself doesn't require an Encroachment Agreement (EA), however, there is an underground storm sewer located within the easement, and therefore obtaining an EA is prudent. The EA is a condition of the fence permit. DISCUSSION 159 The attached EA was drafted by the City Attorney's office. The property owner has reviewed the terms of the agreement and will provide a signed version for execution by the city before any permits for the property can be issued. Upon city approval and execution, the EA will be recorded against the property. BUDGET N/A RECOMMENDATION Staff recommends City Council approve the Encroachment Agreement. ATTACHMENTS 995 Lake Susan Hills Drive Encroachment Agreement 160 (reserved for recording informalion) ENCROACHMENT AGREEMENT AGREEMENT made this day of 2023, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and BRIA HOMSTAD and SCOTT HOMSTAD, married to each other ("Homstads" or "Owners"). 1. BACKGROUND. Homstads are the fee owners of certain real property located in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: Parcel ID No. 25.3960030 Lot 3, Block 1, Lake Susan Hills West 9th Addition (abstract) having a street address of 995 Lake Susan Hills Drive, Chanhassen, Minnesota 55317 ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). Homstads desire to construct a fence on the Subject Property that encroaches on the City's Easement Areas as depicted on the attached Exhibit "A" (consisting of two pages). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the fence conditioned upon 1226218v1 161 removable fence panels in areas where the fence encroaches on existing utilities andlor installation of gates having a clear span the width of the easement for City access to its Easement Areas. Further conditions of encroachment approval are as follows: o The fence must allow water to pass under it so as not to impede overland water flow during rain events. o The fence must remain a minimum distance of five (5') feet from the outside edge of all drainage and utility structures, or (7.5') from the center of the structure cover, a minimum of one (1") foot from the property line, and a minimum of two (2') feet from the outside edge of all storm sewer piping (see detail provided in Exhibit A). Pipe location will be verified during final inspection of the fencing. o The fence posts shall be placed on the Subject Property but not attached to neighboring fences and must not cross the property lines. o The City shall have no responsibility to maintain the fence located in the Easement Areas. o Owners must maintain the fence located on the Subject Property. o Owners are fully responsible and liable for any and all damage caused to the fence because of it being constructed in the Easement Areas. Further, Owners agree that the fence shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their heirs, successors and assigns, hereby agree to indemniff and hold the City harmless from any damage caused to the Subject Property, including the fence and removal of fence panels and/or gates in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the Easement Areas for drainage or utility purposes and the fence is inconsistent with the City's use of the easement. Prior to termination, the City will give the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The 2226218v1 162 property owner shall remove that portion of the fence to the extent it impacts the Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the fence to the extent it impacts the Easement Areas and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF CHANHASSEN By (SEAL)Elise Ryan, Mayor And Laurie Hokkanen, City Manager STATE OF MINNESOTA COI.]NTY OF CARVER The foregoing instrument was acknowledged before me this day of 2023, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor and City Manager of the city of chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public ) )ss. ) aJ226218v1 163 PROPERTY OWNERS: Bria Homstad Scott Homstad STATE OF MINNESOTA ) )ss. COUNTY OF 4znnt f)^) The foregoing instrument was acknowledged before me this .nA day of ha,* ,2023,by Bria Homstad and Scott Homstad, married to each other._------7- Notary Public DRAFTED BY: CAMPBELL KNUTSON, Profe ssion a I A s s o ciat io n Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (65 I ) 452-5000 AMP 4226218v1 TANG0STEVEI'I PUBLICNOTARY 3tJanExo tgsComnssiort,!; 164 EXHIBIT "A" lr,l Page 1 of2 rf ,f t* C} (n ra w ;} () -}((] trloB;F*crrnlrclySru rnr.s'f'br mcsrd uFfttr.!fi.td.ailg-S frar?ttr.adFd.*t a It1 12r $tfftn *!r€r ''t?$$''It, t"\3 I I 61 ,r$Y I s$ I '( f fl' A 5 !gr $r*d *il hcF GI':or dac" F xfr f33rg* t",$xf 226218v1 ff -Proposed Fmce i I TO I I .?L 165 Page2 of2 GICTG \- STRI.C'I.RE OTJTER OA*E TEf, PIP€ OT'TERO- TE'ER P*tr OFFSSI $ CN I'IXSO€ PR@ERTYLIHE--l EASEIIENT L NES FENCE OFFSET FROM STRUCTURE AND PIPING 6226218v1 166 City Council Item May 22, 2023 Item Approve Publication of Request For Proposals for Civic Campus Construction Manager Services File No.Item No: D.10 Agenda Section CONSENT AGENDA Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION "The Chanhassen City Council Approves Publication of Request For Qualifications for Civic Campus Construction Manager Services." Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY BACKGROUND The city is requesting proposals (RFP) from firms to provide construction manager (CM) services to the city for the Civic Campus project. See the attached presentation from March 13, 2023 meeting. The RFP will be distributed and is open to any interested firm. The city intends to use a Construction Manager Agency (“CMA”) construction process. This process will utilize all public bidding requirements. The Construction Manager Agency (CMA) model is a fee-based service where the CM assumes the role of advisor to the Owner. Duties of the CMA include estimating, design constructability reviews, budget management, and on-site construction administrative services. Under the CMA delivery model, the 167 financial risk of the project is between the Owner and either single or multiple prime subcontractors. The staff project team intends to conduct interviews with 3-5 firms in June. The City Council will award a contract in late June/early July. DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Chanhassen Civic Campus RFP for Construction Manager 168 Request for Proposals Construction Management Services Chanhassen Civic Campus City Hall/Senior Center + Park Building and Park Improvements RFQ Issue Date: May 23, 2023 Submittal Due Date: June 14, 2023, 12 p.m. 169 Chanhassen Construction Management RFP 2 General Information The City of Chanhassen (“City”) is seeking qualification submittals for Construction Manager Agent (“CMA”) services for the Chanhassen Civic Campus. The project is a two-phase construction process that will span multiple years at the existing Civic Campus. The initial phase of improvements will provide a new City Hall & Senior Center building, supporting parking, streetscape, and plaza improvements. The second phase of construction involves the demolition of the existing City Hall building and the creation of a flagship park space for downtown Chanhassen. The selected firm will work with the City Council, City staff, and the recently selected architecture and engineering team through the Pre-Construction, Contractor Bidding and Award Phase, and Construction and Close-out Phases of the project. The CMA shall serve as the Owner’s principal agent in providing the services requested in this RFP. The Owner shall ultimately enter into multiple prime contract(s) with one or more Contractors for the design and construction of the building(s) and site improvements. The contract for CMA services will include three phases with a single contract being awarded to one CMA firm. The city reserves the right to modify, postpone, and/or cancel the contract for any reason whatsoever at the conclusion of any one phase and prior to the start of a subsequent phase. The three phases, and their respective estimated duration of this project are defined as: Project Background The City of Chanhassen seeks to revitalize its downtown Civic Campus. The project is comprised of a new City Hall, Council Chambers, Senior Center, and destination park amenities. Chanhassen’s current municipal building was built in 1981. The facility no longer serves the population of Chanhassen. The building has significant deferred maintenance needs and lacks operational efficiency. The reimagined Civic Campus (See Figure 1) is intended to invigorate Chanhassen’s downtown and provide community gathering spaces and numerous amenities. The current plan represents 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. A central park building with public restrooms, public meeting room, and storage is also proposed. The park building may also provide a concessionaire; however, this will be determined in the programming phase. In 2021-22 a comprehensive Facility Study was completed by Snow Kreilich Architects and Kraus Anderson. The study provided an assessment of the current City Hall facility as well as other municipal buildings throughout the community. The Facility Study provided an assessment on the overall condition of the building and projected needs (See RFP Supplemental Information below). In particular, the study helped the City Council understand the costs of refurbishing or replacing City Hall. City Hall was built in 1981, with significant projects in 1988, 1996, and 2004. Based on the cost differentials outlined in the Facility Study and ability to benefit the community, the City Council decided to explore opportunities to build a new City Hall within a new Civic Campus that would include a new City Hall/Senior Center, park building and various park amenities to create a new community focal point. Pre-Construction Phase Programming May – July 2023 Schematic Design July – September 2023 Design Development September – Oct/Nov 2023 Construction Documents*Oct/Nov 2023 – Dec 2023/March 2024 Contractor(s) Bidding and Awarding Phase Bidding*Winter 2024 Construction and Close-out Phase Phase 1 Construction Start*May 2024 – June 2024 Phase 1 Construction Completion June/July 2025 Phase 2 Construction Start June 2025 Phase 2 Construction Completion October 2026 *Assumes multiple bid packages 170 Chanhassen Construction Management RFP 3 The planning process to date has included numerous conversations with the City Council, Boards and Commissions and City staff. Past milestones leading to the current vision for the Civic Campus include: • September 2022 - HKGi presented five concepts for a reimagined City Hall and City Center Park area. Council and Commission members were able to review and provide feedback on the concepts and respond to survey questions. •January 2023 - HKGi shared feedback received at the September Joint Workshop and received additional input from the City Council to refine the concept plan. •February 2023 - HKGi presented a preferred concept plan based on feedback to date and provided preliminary cost estimate information for the project. RFP Supplemental Information •Attachment A – Facilities Study (2021-22) •Attachment B – Civic Campus Preferred Concept – City Council Work Session Presentation (March 2023) •Attachment C – Preliminary Cost Estimate Click here to download supplemental information. Project Budget & Financing Based on the 2021 Facilities Study and recent master planning for the Civic Campus, the City of Chanhassen has identified a project budget range from $33-$35 million dollars for all aspects of the project and for both phases of construction. The City plans to issue General Obligation bonds to fund the Civic Campus project. Construction Management Services Requested Construction Management Services to be Provided (shall include, but may not be limited to): PHASE ONE – Pre-Construction/Design Phase 1. Assist the Owner in assessing the proposed site and assist in any programming needs to facilitate the building program on the site. 2. Assist the Owner in any demolition requirements to clear the site. 3. Construction Management Plan: The CMA shall prepare a Construction Management Plan for the Project and shall make recommendations to the plan throughout the duration of the Project, as may be appropriate. In preparing the Construction Management Plan, the CMA shall consider the Owner’s schedule, budget and general design requirements for the Project. The CMA shall then develop various alternatives for the scheduling and management of the Project and shall make recommendations to the Owner. 4. Preliminary Estimate and Budget Analysis: The CMA shall analyze and report to the Owner and the Design Team the estimated cost of various design and construction alternatives, including CMA’s assumptions in preparing its analysis, a variance analysis between budget and preliminary estimate, and recommendation for any adjustments to the budget. 5. Coordinate all permitting requirements, review compliance with local and state codes. 6. Revisions to the Construction Management Plan: During the Design Phase the CMA shall make recommendations to the Owner regarding revisions to the Construction Management Plan. The Construction Management Plan shall include a description of the various bid packages recommended for the Project. Revisions approved by the Owner shall be incorporated into the Construction Management Plan. 7. Progress Meetings: The CMA shall conduct periodic progress meetings attended by the Owner, Design Team, and others. Such meetings shall serve as a forum for the exchange of information concerning the Project and the review of design progress. The CMA shall prepare and distribute minutes of these meetings to the Owner, Design Team, and others as necessary. 171 Chanhassen Construction Management RFP 4 8. Review of Design Documents: The CMA shall review the design documents and make recommendations to the Owner and Design Team as to constructability, scheduling, cost, and time of construction; as to clarity, consistency, and coordination of documentation among Contractors; and to the separation of the Project into contracts for various categories of the Work. 9. Cost Control: The CMA shall prepare an estimate of the construction cost for each submittal of design drawings and specifications from the Design Team. This estimate shall include a contingency acceptable to the Owner, CMA and the Design Team for construction costs appropriate for the type and location of the Project and the extent to which the design has progressed. 10. Project and Construction Budget Revision: The CMA shall make recommendations to the Owner concerning revisions to the Project and Construction Budget that may result from design changes. 11. Value Engineering Studies: The CMA shall provide value engineering recommendations to the Owner and Design Team on major construction components, including cost evaluations of alternative materials and systems. 12. Design Phase Change Report: The CMA shall prepare and distribute Design Phase change reports that shall list all Owner-approved changes as of the date of the report and shall state the effect of the changes on the Project and Construction Budget and the Master schedule. 13. Approvals by Regulatory Agencies: The CMA shall coordinate transmittal of documents to regulatory agencies and utility providers for review and shall advise the Owner of potential problems resulting from such reviews and suggested solutions regarding completion of such reviews. PHASE TWO: Contractor Bidding and Awarding 1. Bidder Interest Campaign: The CMA shall conduct a telephone and correspondence campaign to attempt to increase interest among qualified bidders. 2. Notices and Advertisements: The CMA shall assist the Owner in preparing and placing notices and advertisements to solicit bids for the Project. 3. Delivery of Bid Documents: The CMA shall expedite the delivery of Bid Documents to the bidders. The CMA shall obtain the documents from the Designer and arrange for printing, binding, and delivery to the bidders. The CMA shall maintain a list of bidders receiving Bid Documents. 4. Pre-Bid Conference: In conjunction with the Owner and Design Team, the CMA shall conduct pre-bid conferences. 5. Information to Bidders: The CMA shall develop and coordinate procedures to provide answers to bidder’s questions. All answers shall be in the form of addenda. 6. Addenda: The CMA shall receive from the Design Team a copy of all addenda. The CMA shall review addenda for constructability, for effect on the Project and Construction Budget, scheduling and time of construction, and for consistency with the related provisions as documented in the Bid Documents. The CMA shall distribute a copy of all addenda to each bidder receiving Bid Documents. 7. Bid Opening and Recommendations: The CMA shall assist the Owner in the bid opening and shall evaluate the bids for responsiveness and price. The CMA shall make recommendations to the Owner concerning the acceptance of or rejection of bids. 8. Analyzing Bids: Upon receipt of the bids, the CMA shall evaluate the bids, including alternate bid prices and unit prices, and shall make a recommendation to the Owner regarding the award of the Construction Contract. 9. Construction Contracts: The CMA shall assist the Owner in the assembly, delivery and execution of the Contract Documents. The CM shall issue to the Contractor(s) on behalf of the Owner the Notice of Award and the Notice to Proceed. PHASE THREE: Construction and Close-Out Construction 1. Schedule and chair a kick off meeting with Owner to discuss the proposed work plan and special concerns to be presented at the pre-construction meeting. It is envisioned the pre-construction meeting will include all interested parties, including utilities, sub-contractors, etc. 172 Chanhassen Construction Management RFP 5 2. Provide coordination of project activities and prepare reports and documents, as necessary, for Owner review and action. 3. Maintain at the project site, on a current basis, a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction, shop drawings, product data, samples, submittals, purchases, materials equipment, applicable handbooks, maintenance and operating manuals and instructions, other related documents and revisions which are relevant to the contract work. 4. Provide weekly status reports to the Owner. 5. Review laboratory, special inspection reports and coordinate as required with the Project Design Team. 6. Facilitate and monitor contractor pay applications and make recommendations to the Owner on progress payments. 7. Administer the construction contract in conformance with the requirements set forth in the Plans and Specifications. 8. Conduct weekly construction progress meetings with the Owner, Design Team, Contractors, affected outside Agencies, and other consultants to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting agenda and minutes. 9. Review and process all shop drawings, project data, samples and other submittals. Establish and implement procedures for expediting the processing and approval. 10. Coordinate submittal review with the Design Team and City Departments. 11. Document and track all claims for account records. 12. Coordinate and schedule construction surveying. 13. Coordinate testing requirements and scheduling of material testing and inspections. 14. Review and analyze the Contractor’s schedule (monthly) including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractors to maintain the project schedule to show current conditions and suggest revisions as required. 15. Recommend necessary or desirable changes in the Construction Contractors scope of work. 16. Review and evaluate Contractor’s request for changes. Negotiate with Contractor and submit recommendations to the Owner supported by cost estimates related to any additional or changes in the work. If change orders are accepted by Owner, prepare change orders for signature and authorization by the Owner. Maintain a log of change requests. 17. Create and maintain “As-Built” project schedule. 18. Review pay requests and provide recommendation for contractor payments. 19. Provide construction management files to the Owner. 20. Review contract documents, plans, and permits. 21. Attend field walks and meetings. 22. Monitor and enforce safety on the jobsite applicable to OSHA guidelines. 23. Maintain field diaries during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. 24. Determine that the Contractor’s work is being performed in accordance with the requirements of the contract documents. Endeavor to guard Owner against defects and deficiencies in the work. 25. As appropriate, require special inspection or testing, or make recommendations to Owner regarding special inspection or testing or work not in accordance with the provisions of the contract document whether or not such work is fabricated, installed or completed. 26. Provide and maintain a digital history of the project. Photos/Videos will also be taken of the following: a. Showing existing conditions prior to construction b. Disputed work items c. Work that has to be duplicated replaced or removed 173 Chanhassen Construction Management RFP 6 d. Timelapse video of the construction project e. Completed work f. Deficiencies 27. Record the progress of the project. Provide daily inspection reports. Submit written weekly progress reports to Owner, including information on the contractors and the entire project, showing percentages of completion. Keep daily logs containing a record of weather, contractors work on site, number of workers, work accomplished, problems encountered, and other relevant data. 28. During the course of construction, maintain one set of plans to denote field changes or other corrections. 29. Maintain copies of all permits needed to construct the project and enforce special requirements of each. 30. Provide an initial review and one re-submittal of shop drawings and product data for conformance to the construction documents. Construction Close-out 1. Assist the Owner’s designee in administering and coordinating final inspections. 2. Assist the Owner in determining when the project or a designated portion thereof is substantially complete. Prepare for the Owner a summary of the status of the work of the contractors, listing changes in the previously issued certificates of substantial completion of the work, and recommending the times within which contractors shall complete uncompleted items on their certificate of substantial completion of the work. 3. Calculate the amount of final payment due to contractors. 4. Obtain evidence of certification of all lien releases. 5. Secure and transmit to Owner, required guarantees. 6. Issue the notice of substantial completion and process the Notice of Completion. 7. Coordinate any startup requirements. 8. Deliver all equipment manuals, special equipment, spare parts, catalogs, and other material required by specifications. 9. Collect As-Built data from contractors or design consultants. 10. Make recommendation for the release of retention. Submittal Requirements The submissions should succinctly demonstrate firm’s ability to communicate the capabilities, knowledge, experience, and capacity of the respondent to meet the requirements of the project. The City of Chanhassen may, at its discretion, request additional information or clarification from any or all proposers and to allow for corrections of errors or omissions. RFP submissions are to be organized in the general sequence as outlined below. Please limit the electronic qualifications response to twenty (20) 8 ½” x 11” single-sided printable sheets, minimum font size of 11 point (excludes front and back cover). Failure to include requested information, or follow the organizational requirements outlined below, will have a negative impact on the evaluation of the submittal. In order to be considered, all requested information below must be submitted: Cover Letter •Business name and address. •Contact name, address, phone, and email. •Brief statement outlining the firms understanding of the purpose and goals of the project and why the responding firms(s) should be considered for the work. Table of Contents •Include a clear identification of the material by section and page number. 174 Chanhassen Construction Management RFP 7 Firm(s) Description • Name, address, telephone number, e-mail address, website address. • Year the firm was established. • Number of employees in firm and office locations. • Indicate which person will be the contact for the RFP process. •Identification of sub-consultants and their responsibilities. Key Personnel: •A listing of proposed project personnel, including personal experience and resumes for anyone involved including additional consultants. • Identify the Project Manager (background and work on similar projects). • Provide description of similar projects including names and current phone numbers of reference for listed projects. Experience: • Please provide a list of your firm’s experience providing public agencies with both construction management and general contracting services over the past four years. • Please include a brief description of the project and contact information to be used as reference if needed. Project Understanding & Approach: •Provide a description of your project understanding and how you will approach the project. Scope of Services •Please provide a description of the tasks, sub-tasks, and deliverables that will be provided. •Please provide a proposed Project Schedule that will demonstrate the consultant’s familiarity with the project goals. Cost Proposal • The proposer is to submit a detailed cost proposal for all services and materials anticipated in completing the project. The cost proposal must be broken out for each of the three phases as described earlier in this RFP. The cost proposal can be either a lump sum or a percentage of the project total. Labor hours and extended billing rates per the classification of personnel shall be indicated for each task as defined. Submission Timeline Request for Proposals issued via email May 23, 2023 Questions regarding the RFP due prior to June 2, 2023, 12 p.m. Response to questions issued via email June 7, 2023 Submittal Deadline June 14, 2023, 12 p.m. Notification of Shortlisted Firms for Interviews June 16, 2023 Selected Consultant Interviews with City Staff and Architect representative Week of June 26, 2023 Likely Monday, June 26 Contract Approval July 10, 2023 175 Chanhassen Construction Management RFP 8 Selection Process Proposals will be reviewed by a Consultant Selection Committee. The Committee will rank the proposals based upon the materials and costs submitted. The Committee may choose to interview two or more closely ranked firms. Upon selection, the City of Chanhassen will open contract negotiations with the selected firm. The City of Chanhassen reserves the right to reject any and all proposals. If all proposals are rejected The City of Chanhassen may undertake the work by such means as they deem suitable. The City of Chanhassen further reserves the right to waive any formalities in the preparation and submittal of proposals. Questions & Inquiries All questions regarding this request for qualifications should be submitted by email before 12:00 p.m., June 2, 2023 and should be directed to: Laurie Hokkanen City Manager City of Chanhassen 952.227.1119 lhokkanen@chanhassenmn.gov 176 Chanhassen Construction Management RFP 9 Figure 1: Reimagined Civic Campus EXISTING CITY HALL FOOTPRINT [0 40 80 Feet Key Features •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 177 City Council Item May 22, 2023 Item Appoint Cohen Lee to the Economic Development Commission as a Youth Commissioner File No.Item No: D.11 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council appoints Cohen Lee to the Economic Development Commission as a Youth Commissioner for a term ending August 31, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND The Economic Development Commission consists of five members serving three-year staggered terms. Community Development Manager Samantha DiMaggio received a request from Cohen Lee, a sophomore from Chanhassen High School, asking about the possibility of being appointed as a youth commissioner to the Economic Development Commission (EDC). The student was aware that the Environmental and Park & Recreation Commissions had appointed youth commissioners. On May 8, 2023, the Chanhassen City Council adopted Ordinance 708, amending the city code to add a youth commissioner to the EDC. DISCUSSION 178 BUDGET RECOMMENDATION It is recommended that the City Council appoint Cohen Lee to the Economic Development Commission as a youth commissioner for a term ending August 31, 2023. ATTACHMENTS 179 City Council Item May 22, 2023 Item Approve Purchase of Laserfiche Enterprise License Upgrade File No.Item No: D.12 Agenda Section CONSENT AGENDA Prepared By Rick Rice, IT Manager Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the purchase of the Laserfiche Enterprise License upgrade from OPG-3." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY Accept and approve the quote from OPG-3 for the Laserfiche Enterprise software license upgrade. BACKGROUND The city purchased the Laserfiche Document Management System in 2002 from Crabtree Companies, now OPG-3, for the retention of documents in a digital format. It was upgraded to their Avante version in 2015. In 2020 the city contracted with Scanning America, a scanning service, to convert the paper documents located in rolling files on the main level of City Hall to digital formats and eliminate the paper copies. User Licenses A Laserfiche user license is required to access and manage these documents. At present, all of the city's 56 licenses are in use, and more are needed as the paper documents are no longer on site. The upgrade 180 will include unlimited users. Laserfiche Modules The Laserfiche Enterprise license model includes all of their existing add-on software modules. The city will be implementing the included Records Retention module to automate the life cycle of city documents. It also includes the support for the Laserfiche mobile app, which will be rolled out to staff utilizing tablets. Security The unlimited user license feature will eliminate the need for utilizing shared user accounts which are a security risk. The Enterprise license also adds MFA functionality for remote access to the Laserfiche repository. It also includes Direct Share, which is a more secure method of sharing documents outside of the city domain. DISCUSSION BUDGET The annual renewal expenditures are funded in account 101-1160-4212. The current Laserfiche license was renewed in February of this year. The upgrade quote was received on May 9, 2023 and includes a credit for the remaining license and support from that renewal. Laserfiche utilized standard pricing for their value-added resellers, so the upgrade costs will be the same for all resellers. RECOMMENDATION Staff recommends that the City Council approve the purchase of the Laserfiche Enterprise software license upgrade at a cost of $21,157 from OPG-3. ATTACHMENTS Resolution OPG-3 - Quote 5894 181 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 22, 2023 RESOLUTION NO:2023-XX MOTION BY: SECONDED BY: RESOLUTION APPROVING THE PURCHASE OF LASERFICHE ENTERPRISE SOFTWARE LICENSE UPGRADE WHEREAS,the city purchased a Laserfiche Documents Management system in 2002; and WHEREAS, a majority of archived city paper documents have been scanned and now reside in the City Laserfiche repository, and the paper copies are not directly assessable; and WHEREAS,additional Laserfiche user licenses are needed for city staff access; and WHEREAS,additional Laserfiche software features are needed to effectively manage these documents for records retention compliance and security; and WHEREAS,the Laserfiche enterprise license provides unlimited user licenses, the Records Management module for records retention, and additional security features; and WHEREAS,Laserfiche uses standard retail pricing for all their resellers; and WHEREAS,the remaining balance of the existing Laserfiche licenses will be credited towards the purchase of the Laserfiche enterprise upgrade. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chanhassen, Minnesota, approves the purchase of the Laserfiche enterprise software license upgrade at a cost of $21,157.00 from OPG-3. PASSED AND ADOPTED by the Chanhassen City Council on this 22nd day of May 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 182 183 Page 1 of 2 Letter of Removal - For Changing Licensing Models The undersigned certify to Compulink Management Center, Inc. dba Laserfiche (“Laserfiche”) that the following Laserfiche products for the below listed organization’s perpetual Laserfiche licensed system will be deleted from such organization’s computer systems within 60 days from the start of the new Laserfiche subscription licensing: The undersigned acknowledge and agree that any credit to the current subscription term by Laserfiche has been issued conditionally upon removal of the above listed software and/or license(s), and that said organization will be charged the amount of the credit if any applicable activation keys have not been deactivated by the end of the above listed timeframe. City of Chanhassen Registered End User/Organization Name Signed By: Name: Title: Date Location Email Address SKU Product Name Quantity Serial Number MATX Advanced Audit Trail 56 VELB-RBBA-BTBC-IAII MCQ01 Avante Quick Fields 1 VELB-RBBA-BTBC-IAII MCQC3 Quick Fields Zone OCR and Validation 1 VELB-RBBA-BTBC-IAII MCQC4 Quick Fields Barcode and Validation 1 VELB-RBBA-BTBC-IAII MCQC5 Quick Fields Real-Time Look Up and Validation Package 1 VELB-RBBA-BTBC-IAII MCS01 Scan Connect 1 VELB-RBBA-BTBC-IAII MCS05 Scan Connect 5-pack 1 VELB-RBBA-BTBC-IAII MCS10 Scan Connect 10-pack 1 VELB-RBBA-BTBC-IAII MFRM Avante Forms Professional 56 VELB-RBBA-BTBC-IAII MNF05 Avante Named Full User 56 VELB-RBBA-BTBC-IAII MPFRM Avante Forms Portal 1 VELB-RBBA-BTBC-IAII MPL01 Plus for Digital Archiving 1 VELB-RBBA-BTBC-IAII MPPS Standard Public Portal 1 VELB-RBBA-BTBC-IAII MSE30 Avante Server for MS SQL 1 VELB-RBBA-BTBC-IAII MWAX Web Client 56 VELB-RBBA-BTBC-IAII JSPARB Participant Users 10 VELB-RBBA-BTBC-IAII 184 Page 2 of 2 OPG-3 Inc Laserfiche Authorized Solution Provider Name Signed By: Name: Title: Date Location Email Address 185 City Council Item May 22, 2023 Item Authorize Signature: Proposals from HKGI to update the Downtown Design Guidelines as well as the Downtown Wayfinding and Signage Plan and adopt Resolution of Support for Carver County CDA grant. File No.Item No: D.13 Agenda Section CONSENT AGENDA Prepared By Eric Maass, Planning Director Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves proposals from HKGI to update the Downtown Design Guidelines and the Downtown Wayfinding and Signage Plan and adopt Resolution for Support for Carver County CDA grant." Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY City staff has requested proposals from HKGI to update the City's downtown design guidelines as well as the downtown wayfinding and signage plan. These projects are very timely based on the City's Civic Campus project as well as anticipated private redevelopment and roadway improvements within the downtown. The city is also applying grant funds from the Carver County CDA. If approved, the city will recieve up to $7,500. Awards will be made in June. BACKGROUND 186 DISCUSSION BUDGET These projects are within parameters of the existing 2023 budget. One FTE, Senior Planner, will not be filled for the remainder of 2023 as we reallocate budget to complete special projects such as these. RECOMMENDATION Staff recommends that City Council authorize both proposals from HKGI for the updating of the Downtown Design Guidelines as well as Downtown Wayfinding and Signage plan. ATTACHMENTS HKGi Proposal Chanhassen DT Design Guidelines HKGi Proposal Chanhassen DT Wayfinding and Signage Plan Resolution 2023 CDA Grant Application 187 • • • 188 • • • • • 189 • • • • • • • • • • • • • • • • • • • • • • • • 190 • • • • • • 191 • • • • • • • • 192 193 • • • 194 • • • • • • • • • • • • • • 195 196 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 22, 2023 RESOLUTION NO: 2023- MOTION BY: SECONDED BY: A RESOLUTION APPROVING A SIGNATURE OF APPLICATION TO THE CARVER COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) FOR GRANT FUNDING THROUGH THEIR COMMUNITY GROWTH PARTNERSHIP INITIATIVE 197 Passed and adopted by the Chanhassen City Council this 22nd day of May 2023. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT g:\plan\city code\2023\2023 downtown design guidelines update\cda grant application\resolution 2023 cda grant application.docx 198 City Council Item May 22, 2023 Item Authorize Contractual Agreements for Schematic Design with Architectural Firm BKV for the Civic Campus Project File No.Item No: D.14 Agenda Section CONSENT AGENDA Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION "The Chanhassen City Council authorizes entering into contractual agreements for schematic design with architectural firm BKV for the Civic Campus Project." Motion Type Simple Majority Vote of members present Strategic Priority Development & Redevelopment SUMMARY The Civic Campus project's key features: Build a new City Hall building located near the intersection of W78th Street and Market Boulevard (two story with under building parking) Develop new surface parking lots for City Hall and Civic Campus along the east side of the site Maintain the existing parking lot/structure on the west side of the site Create a four-season park centrum building with an adjacent performance/event plaza Provide additional features, including a universal playground, splash pad, and gathering lawn Retain the existing Veteran’s Memorial and create a 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 Boulevard and plaza paving courtyard at the library entry Create a strong civic presence along West 78th Street with a linear plaza and entry signage. 199 BACKGROUND The City of Chanhassen issued a RFQ for Architect Services on March 22, 2023. The City Council and staff interviewed three firms on May 1, 2023 and further discussed on May 8, 2023. The City Council directed staff to negotiate a contract with BKV Group. The contract has been reviewed by the City Attorney. DISCUSSION BUDGET The city intends to pay for these services through reimbursement following the issuance of bonds for the project. These fees are included in the soft cost estimates for the overall project. The total expected fee is $1,895,000 (6.85%). The initial phase of work is 21% of amount and would be $397,950 plus reimbursable expenses for the first two phases of work. See Sections 11.1 and 11.5 for additional reference. Based on the 2021 Facilities Study and recent master planning for the Civic Campus, the City of Chanhassen has identified a project budget range from $33-$35 million dollars for all aspects of the project and for both phases of construction. The The city plans to issue General Obligation bonds to fund the Civic Campus project. RECOMMENDATION Staff recommends the City Council authorize entering into the contract. ATTACHMENTS BKVGroup RFQ Submission B132-2019-Chanhassen Civic Campus-5.22.23 200 CITY OF CHANHASSEN, MN Statement of Qualifications for Architectural/Engineering Services – Civic Campus City Hall/Senior Center + Park Building and Park Improvements APRIL 14TH, 2023 Architecture | Interior Design | Landscape Architecture | Engineering Chanhassen Architecture and Engineering RFQ 6 Figure 1: Reimagined Civic Campus EXISTING CITY HALL FOOTPRINT [0 40 80 Feet Key Features •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 BKV GROUP 222 NORTH SECOND STREET SUITE 101 MINNEAPOLIS, MN, 55401 WWW.BKVGROUP.COM CONTACT PAUL MICHELL, AIA SENIOR PROJECT MANAGER C: 816.405.7585 PMICHELL@BKVGROUP.COM 201 April 14, 2023 Laurie Hokkanen, City Manager The City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 RE: Architectural and Engineering Services for the Chanhassen Civic Campus Dear Ms. Hokkanen and Members of the Selection Committee: On behalf of BKV Group, we thank you for the opportunity to share our qualifications for your Civic Campus project. BKV was founded in 1978 under the principle that architects should put the best interests of the citizens above their own. Our core belief is that architecture has a profound responsibility to the community to always enhance the economic, aesthetic, social, and environmental context of the communities we work in. More than 45 years later, this vision has not changed. Today, we provide our government clients with superior customer service by adopting the client’s goals and values as our own, enabling transparent decision making, committing to responsible spending of public dollars, and being passionate about the success of the communities for whom we work. We are ready to work collaboratively with you and your team. Together, we can dream, design, and construct a new City Hall and community gathering space that will be the envy of the region, Our team brings the knowledge, expertise, and innovation to the table. Additionally, we offer: A Belief in the Big Picture. In today’s day and age, we know that our communities long to gather more than ever. Cities that provide vibrant, meaningful places to gather and build community together are poised to grow and thrive. A Fresh Approach. We are firm believers in design, creativity, innovation, and technical expertise, key components we will use to approach your Civic Campus, all while being agile and responsive. Our workshop-based planning approach will assist the City in validating project objectives, analyzing requirements, defining tasks for each stakeholder, and working to keep the project on schedule to accomplish your goals. Creativity. The Civic Campus must reflect the values of the City of Chanhassen but will also serve as the bedrock for the future. BKV Group has long history of design excellence, winning both regional and national awards for the functionality and beauty of our projects. We think inventively from the start of projects to work with communities and stakeholders to distill the vision and design direction and make sure we find the best solutions for our clients. A Comprehensive Team. In addition to Architecture, BKV Group also features a talented in-house team for Interior Design, Mechanical Engineering, Electrical Engineering, Structural Engineering, Community Engagement, and Code Consulting. We have partnered with longtime collaborator Stantec for Civil Engineering. The two firms, and the specific personnel proposed, have practiced together for many previous local government projects across Minnesota and have a history of happy and satisfied clients. Ballard-King, a national expert in community recreation and senior center design, has partnered with BKV Group once again to provide unparalleled thought leadership and expertise for your unique project. This project builds for our future. We are delighted to share our team’s deep experience and we are honored to have an opportunity to create a community asset with you and your stakeholders. We look forward to the opportunity to engage you in further conversation on your meaningful and exciting project, On Behalf of the Team, Bruce Schwartzman, AIA Paul Michell, AIA Partner in Charge Senior Project Manager 612-790-7605 612-339-3752 bschwartzman@bkvgroup.com pmichell@bkvgroup.com 222 N 2nd Street, Suite 101 | Minneapolis, MN 55401 | 612.339.3752 | www.bkvgroup.com ARCHITECTURE INTERIOR DESIGN LANDSCAPE ARCHITECTURE ENGINEERING 202 Cover Letter 1 Table of Contents 2 Firm Description 3 Consultants 4 Key Personnel 5 Employee Project Matrix 9 Firm Experience 10 BKV Group Experience 10 Ballard King Experience 13 Project Understanding & Approach 14 Design Philosophy 14 Our Approach 15 Lessons Learned 16 Phased Project Experts 17 A Technology-Infused Process 17 Staff Availability 18 Quality Control 19 TABLE OF CONTENTS 203 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 3 \FIRM DESCRIPTION COMPANY OVERVIEW BKV Group is a full-service architecture, engineering, interior design, landscape architecture and construction administration firm. Over the last 45 years, BKV Group has grown from a sole proprietorship into a diverse partnership with offices in Chicago, Washington DC, Dallas, and Minneapolis, serving clients locally and nationwide. Collectively, we represent a practice whose expertise is team-focused and offers a client-centered approach to creating architectural solutions. Through our full- service structure, we offer our clients a single source for all aspects of design and construction administration services. BKV Group is an established leader in five primary practice areas: government, housing, hospitality, education, and commercial. Each practice area is led by BKV Group partners who are nationally recognized leaders in their respective fields. As a full-service, multi-disciplinary firm of more than 200 professional staff, BKV Group has architects, landscape architects, interior designers, construction administrators, structural, mechanical/plumbing, and electrical engineers, certified code officials, and specification writers all in-house. We provide facility evaluations and space needs analysis, facility options, and full design services from schematic design through construction and close-out. BY THE NUMBERS COMMUNITY FACILITIES BKV Group has completed over 70 City Hall and 40 Community Center projects for municipal and county clients throughout the country, with demonstrated experience developing comprehensive masterplans, space programs, and completed projects. We pride ourselves on our sound reputation for well thought-out designs, personal attention to client requirements, and high-quality design. Community projects are especially rewarding for the BKV Group team. We fi nd it immensely rewarding to provide facilities that allow government staff to do their best work in providing services to their residents. Equally, providing the community with facilities that gives them places to gather and that improves their quality of life is at the heart of our service-based approach. 45 YEARS IN OPERATION 220+ EMPLOYEES 25 LICENSED ENGINEERS 45+ LEED ACCREDITED 5 FOCUSED MARKETS 205+ AWARDS 65 LICENSED ARCHITECTS 4 LOCATIONS FIRM NAME BKV Group YEAR ESTABLISHED 1978 FIRM EMPLOYEES 220+ PRACTICE AREAS City Halls, Community Centers, Libraries, Education, Law Enforcement Centers, Fire Stations, Government Centers, EOC’s, and Dispatch LOCATIONS Minneapolis Chicago Dallas Washington DC OFFICE 222 North 2nd Street Suite 101 Minneapolis, MN 55401 CONTACT Paul Michell, AIA Sr. Project Manager c: 816.405.7585 pmichell@bkvgroup.com 204 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 4 \FIRM DESCRIPTION CONSULTANTS CIVIL ENGINEERING // Our Stantec team of scientists, designers, engineers, and project managers take pride in innovating together at the intersection of community, creativity, and client relationships. Balancing these priorities results in projects that advance the quality of life in communities across the globe. Over the last 30 years, our local strength, knowledge, and relationships, coupled with our world-class expertise, have allowed us to go anywhere to meet our clients’ needs in more creative and personalized ways. With a long-term commitment to the people and places we serve, Stantec has the unique ability to connect to projects on a personal level and design with community in mind. Our knowledge of the industry runs deep; we know our communities, the local political climate, and the policies that impact a project’s progress so we can guide you through the development process. Whether for a new phase, new community, or new city, we offer services that add value to your projects. We transform land into real projects—a ft between physical site conditions, public expectations, fiscal requirements, and environmental constraints. Every piece of land is unique and so is each one of our solutions. CONTACT Jared Ward Senior Principal, Practice Leader p: 763.479.5126 e: jared.ward@stantec.com SENIOR CENTER, PARK & RECREATIONAL PLANNER // Ballard*King & Associates, Ltd (B*K) was established in 1992 by Ken Ballard and Jeff King in response to the need for market-driven and reality-based recreation planning. B*K has achieved over 24 years of success by realizing that each client’s needs are specific and unique. With over 50 combined years of facility management and planning experience in the collegiate, public, non-profit and private sector, our consulting firm has completed over 700 projects in 48 states and has working relationships with more than 140 architects coast-to-coast. B*K is also honored to be the recipient of five Athletic Business Facilities of Merit Awards. B*K forms a consulting team that provides a variety services for clients who are considering the evaluation of a recreation or park master planning, Our vast practical experience enables us to guide clients through the challenges of evaluating current pricing and cost recovery strategies and implementing changes to a more efficient operation. From pinpointing specifics to broad visions, B*K provides services to ensure the long-term success of your project. B*K has built our reputation on telling clients what they need to hear in order to make sound decisions. Teamwork is a core aspect of our firm. We work together ensuring all clients are receiving the wealth of knowledge our B*K team brings. The success of any project begins with an integrated, mutually valued approach to the individual needs and goals of each client. Thus, we team with you and for you. First and foremost to B*K is our reputation of being a company of strong ethical character. Our top concern is our client’s best interests and our approach is always honest and down-to- earth. We aim to help each client see the full potential of their project by providing trustworthy services to achieve their goal. CONTACT Jeff King President / Founder p: 719.647.2363 e: jeff@ballardking.com 205 *Experience prior to BKV Group ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 5 \KEY PERSONNEL EDUCATION // University of Kansas, Bachelor of Architecture, School of Architecture and Urban Design // University of Missouri – Kansas City, School of Architecture and Environmental Design // Marquette University, College of Engineering, Emphasis in Electrical & Mechanical Engineering REGISTRATIONS // Registered Architect: MO #A-2009021701, KS #A6081 // NCARB YEARS OF EXPERIENCE // BKV Group: 1 Total: 24 EDUCATION // University of Arizona, Architecture REGISTRATIONS // Licensed Architect: MN #27026 YEARS OF EXPERIENCE // BKV Group: 13 Total: 43 PAUL MICHELL, AIA SENIOR PROJECT MANAGER Paul brings 24 years in planning and delivering complex public facilities. He demonstrates an unparalleled level of commitment to high-quality design, a team-oriented approach, and influential leadership which contributes to functional, enduring, and purposeful facilities that enrich the community while meeting the client’s operational, budgetary, and schedule goals. Paul is passionate about community and local government projects and understands the sensitive nature of local government decision making and delivering value for tax-dollars spent. \RELEVANT EXPERIENCE Winona Public Safety Facility Study, Winona, MN Lansing New Public Safety Center, Lansing, MI South St. Paul, Master Plan & Needs Analysis, South St. Paul, MN Lee’s Summit Downtown Farmers Market Plaza Development, Lee’s Summit, MO* Shawnee Parks Facility Study, Shawnee, KS* City Hall Renovations & Security Improvements, North Kansas City, MO* Bellevue City Hall Study, Bellevue, NE* Springfield Police, Fire & City Hall Study, Spring Hill, UT* Dade City Police & City Hall Facility, Dade City, FL Highland Police, Fire and City Hall Study, Highland, IN* Owasso Police & City Hall Study, Owasso, OK* Shawnee Parks Maintenance Facility Study, Shawnee, KS* First Baptist Church Recreational Complex, Tyler, TX* Lee’s Summit Fire Station No. 4 and No. 5, Lee’s Summit, MO* Great Bend Justice Center, Great Bend, KS* O’Fallon Justice Center Needs Assessment Study, O’Fallon, MO* BRUCE SCHWARTZMAN, AIA PARTNER-IN-CHARGE Bruce Schwartzman has over 43 years of city and county governmental project experience, spanning projects from City Halls and Service Centers to Public Safety Facilities. On the majority of his projects, Bruce is involved from the early planning process through design and into owner occupancy—providing continuity from start to finish. Bruce has also been involved in many types of service-oriented projects involved detailed scheduling, phasing, and the coordination of multiple stakeholders. \RELEVANT EXPERIENCE Fridley Civic Campus, Fridley, MN South St. Paul, Master Plan & Needs Analysis, South St. Paul, MN Rochester North Service Center Study & Renovation, Rochester, MN Willmar City Hall / Community Center, Willmar, MN Willmar City Hall & Community Center Site Design & Assessment, Willmar, MN Edina City Hall & Police Station Security Upgrades, Edina, MN Edina Community Health & Safety Facility & Fire Station #2, Edina, MN Shakopee City Hall Study and New Facility, Shakopee, MN Wright County Government Center, Buffalo, MN Aitkin County Government Center Study & New Facility, Aitkin, MN Olmsted County Government Center Remodeling, Rochester, MN Burnsville Facilities Space Needs Assessment, Burnsville, MN Roseville Civic Campus Master Plan & Pre-Design, Roseville, MN Plymouth City Hall Lower Level Renovation, Plymouth, MN Independence City Hall Planning & Renovation, Independence, MN Circle Pines City Hall Planning & Renovation, Circle Pines, MN 206 *Experience prior to BKV Group ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 6 \KEY PERSONNEL EDUCATION // BArch, University of Minnesota, w/ Honors, Architecture Thesis Award; Normandale Community College, Pre-Architecture course requirements and Fine Arts REGISTRATIONS // MN #24227 // CID #C02232 // LEED AP ND YEARS OF EXPERIENCE // BKV Group: 2 Total: 35 EDUCATION // State University of New York, MArts in Public Administration; University of Missouri, BS Parks, Recreation & Tourism YEARS OF EXPERIENCE // B*K: 16 Total: 8 PROFESSIONAL AFFILIATIONS // National Intramural Recreational Sports Association // NY State Parks & Recreation Society // Missouri Park & Recreation Association TRACE JACQUES, AIA, CID, LEED AP ND SENIOR DESIGNER Trace Jacques has over 35 years of design experience. He designs consequential buildings with inspired identity to invigorate and transform environments nationwide to serve the public realm. He works closely with his team to ensure an exacting design execution that aligns with client, brand, city and community expectations. Trace actively engages clients and communities in collaborative and empowering creative processes. He is an intuitive, three-dimensional thinker and a serious advocate for digital technologies. Modeling design alternatives with clients and others during “live” digital design charrettes, he demonstrates the impact of ideas and decisions, contextualizes projects, addresses key aesthetic and functional forces – all in real time. This powerful collaboration fosters trust, engages, empowers, and compresses the design process. \RELEVANT EXPERIENCE Edina Community Health & Safety Facility & Fire Station #2, Edina, MN Rosemount Police Station & Public Works, Rosemount, MN Roseville Civic Campus Master Plan & Pre-Design, Roseville, MN The Westin Edina Galleria, Edina, MN* The Bower Residences, Edina, MN* Millennium Southdale | PHASE 1, Edina, MN* Resurrecting Faith Event Center, Brooklyn Center, MN Earl Enterprise Buca Concept Design, Burnsville-MN 360 Communities Peace Church Shelter, Eagan, MN Alatus Affordable Housing, Brooklyn Center, MN Alatus 4300 Central Ave Affordable Housing, Columbia Heights, MN Keeler Properties/WMHA-56 N Division Ave NE Affordable Housing, Grand Rapids, MI DARIN BARR SENIOR CENTER, PARK & RECREATIONAL PLANNER Darin joined Ballard*King & Associates in 2007 after working with municipal, collegiate, and private recreation agencies. During his time with B*K, Darin has completed master plans, feasibility studies, and operational assessments and provided operational and management solutions to numerous clients nationwide. A key part of his process is helping clients utilize statistical data and public input to understand the difference between needs and wants. Darin’s client-focused approach, attention to detail, and depth of knowledge give clients comprehensive insight to help guide them through their project. \RELEVANT EXPERIENCE Community Recreation Center Feasibility Study. – B*K is currently working with Valley Community Center Partners to complete a needs assessment. The initial scope of services includes conducting a market assessment and public engagement through an online survey. Brooklyn Park Renovation/Expansion Feasibility Study, Brooklyn Park, MN. – B*K as part of a larger project team completed a feasibility study for the City of Brooklyn Park. The focus of the study was the renovation and expansion of the existing facility. Three distinct scenarios were evaluated. B*K completed market assessment, public input, program recommendations, and operational planning Coon Rapids Community Recreation Center Feasibility Study. – B*K as part of a larger project team completed a feasibility study for the City of Coon Rapids. The City, responding to public input was investigating if the community could support a full-service indoor recreation center. B*K completed market assessment, public input, program recommendations, and operational planning. Community Recreation Center Feasibility Study. – B*K is currently working with Valley Community Center Partners to complete a needs assessment. The initial scope of services includes conducting a market assessment and public engagement through an online survey. 207 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 7 \KEY PERSONNEL EDUCATION // M. Arch., University of Minnesota // B.S. Arch. University of Minnesota, Minor, Construction Management REGISTRATIONS // Licensed Architect: MN #55378 // OSHA 10-Hour Certification CID EDUCATION // B.S. Interior Design, University of Minnesota REGISTRATIONS // Minnesota Certified Interior Designer (CID) #C02169 // NCIDQ Certification #016271 // LEED Accredited Professional EDUCATION // M. Arch., Massachusetts Institute of Technology (MIT) // B.S. Arch., Washington University in St. Louis REGISTRATIONS // Licensed Architect: MN #61308, MA #50035 // LEED AP BD+C MICHAEL HEALY, AIA SENIOR PROJECT ARCHITECT Michael is a skilled technical design professional with more than 15 years of experience on a variety of municipal and government projects including his specialization with Municipal Office Spaces & Public Safety facilities. Michael has a thorough understanding of the operational needs and spatial requirements. Michael works closely with the entire project team and stakeholders to ensure the project is functional, on budget, and ultimately responds to the client’s goals and operational needs. Michael joined BKV Group in 2008. \RELEVANT EXPERIENCE Rochester North Service Center, Rochester, MN Edina Community Health & Safety Facility & Fire Station #2, Edina, MN Edina City Hall Security Upgrades, Edina, MN Fridley Civic Campus, Fridley, MN Shakopee City Hall Study and New Facility, Shakopee, MN Willmar City Hall & Community Center Site Design & Assessment, Willmar, MN Burnsville Facilities Space Needs Assessment, Burnsville, MN Roseville Civic Campus Master Plan & Pre-Design, Roseville, MN SUSAN MORGAN, AIA, LEED AP BD+C COMMUNITY ENGAGEMENT & SUSTAINABILITY LEAD Over the course of 19 years, Susan has established strong working relationships with clients by resolving the unique complexities each project and context presents. She has worked as a project architect, project manager, and designer within a range of building types, always focused on functional, effective, and meaningful spaces for users and visitors. Since joining BKV Group in 2019, Susan has been integral to the government practice as a strategic planning leader focused on long-range municipal planning and design and equitable community engagement. Over the course of her career, Susan has also been invested in sustainability, leading LEED, Living Future, WELL, Fitwell, MN b3 and Net Zero Energy projects. \RELEVANT EXPERIENCE Rochester North Service Center, Rochester, MN Wright County Government Center, Buffalo, MN Plymouth City Hall Lower Level Renovation, Plymouth, MN Burnsville Facilities Space Needs Assessment, Burnsville, MN Roseville Civic Campus Master Plan & Pre-Design, Roseville, MN KELLY NAYLOR, CID, LEED AP INTERIOR DESIGN PRACTICE LEADER Kelly has 22 years of experience on a wide variety of projects including city hall and municipal government facilities. Kelly’s involvement and understanding of space standards and layouts is invaluable in the planning process and she supports her clients in adapting to new hybrid schedules, expectations, and efficiencies. Kelly brings a depth of understanding in spatial flow, size and operations that informs her planning and interior design recommendations. Since joining BKV Group in 2000, Kelly has worked closely with the project team to identify durable, attractive material and finish options, and will lead both development of specific furniture and workspace plans and also support development of detailed FF&E cost projections aligned with City standards and objectives. \RELEVANT EXPERIENCE Rochester North Service Center, Rochester, MN Fridley Civic Campus, Fridley, MN Roseville Civic Campus Master Plan & Pre-Design, Roseville, MN Pre-Design for Administrative offices, Ramsey County, MN Core Services Planning for Residents First Program, Ramsey County, MN Minnetonka City Hall & Community Center, Minnetonka, MN 208 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 8 \KEY PERSONNEL EDUCATION // B.S., Civil Engineering, University of Minnesota REGISTRATIONS // Professional Engineer: MN #48667 // Model Law Structural Engineer // NCEES EDUCATION // B.E.E., Birzeit University // M. Ed., University of Minnesota REGISTRATIONS // Professional Engineer: MN: #42678 EDUCATION // B.S., Mechanical Engineering, University of Minnesota REGISTRATIONS // Professional Engineer: MN #53200 KYLE OLSON, PE, MLSE SENIOR STRUCTURAL ENGINEER With 16 years of experience, Kyle is responsible for performing and directing others in the design, evaluation, and retrofit of metal, concrete, masonry, and wood structures. His duties include preparation of engineering studies, design documents, building and support structure layouts, technical correspondence, engineering and construction cost estimates, and construction bid documents. He is also responsible for supervision of design personnel, final project checking, and communication with clients pertaining to design and construction issues.Kyle joined BKV Group in 2014. \RELEVANT EXPERIENCE Wright County Government Center, Buffalo, MN Fridley Civic Campus, Fridley, MN Rochester North Police Station & Service Center, Rochester, MN Rochester Police Station Study & Master Plan, Rochester, MN Roseville Civic Campus Master Plan, Roseville, MN Independence City Hall Planning & Renovation, Independence, MN Buffalo Architectural Services Municipal Facilities, Buffalo, MN Shakopee City Hall Study & New Facility, Shakopee, MN CHAD KURDI, PE ELECTRICAL ENGINEERING DISCIPLINE LEAD Chad has 35 years of experience in the electrical industry, and he brings in-depth understanding of electrical to each of his projects. Over the years, he has worked as an electrical engineer, electrician, electrical trainer, and manager. His electrical engineering experience includes drafting, designing, and specifying and analyzing electrical engineering projects for county facilities and a broad range of other projects. Chad joined BKV Group in 2014. \RELEVANT EXPERIENCE Wright County Government Center, Buffalo, MN Fridley Civic Campus, Fridley, MN Rochester North Police Station & Service Center, Rochester, MN Rochester Police Station Study & Master Plan, Rochester, MN Independence City Hall Planning & Renovation, Independence, MN Dilworth Pre-Design and Master Plan, Dilworth, MN Plymouth City Hall Lower Level Renovation, Plymouth, MN Shakopee New City Hall, Shakopee, MN ALEX SAWKA, PE DIRECTOR OF MECH.ENGINEERING Throughout his 16 years experience as a Mechanical Engineer, Alex has focused on working on government facilities such as fire stations, police stations, city halls, and courts. He is skilled in offering innovative mechanical design solutions to projects and is highly motivated and resourceful individual who interacts productively with people from diverse backgrounds. Since joining BKV Group in 2015, Alex is a conscientious team player with excellent problem solving and troubleshooting skills. He is able to design innovative solutions that promote maximum efficiency while requiring minimal maintenance. \RELEVANT EXPERIENCE Wright County Government Center, Buffalo, MN Fridley Civic Campus, Fridley, MN Wright County Government Center, Buffalo, MN Rochester North Police Station & Service Center, Rochester, MN Rochester Police Station Study & Master Plan, Rochester, MN Dilworth Pre-Design and Master Plan, Dilworth, MN Buffalo Municipal Facilities Assessment & Needs Analysis, Buffalo, MN Independence City Hall Planning & Renovation, Independence, MN Aitkin County Government Center, Aitkin, MN 209 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 9 \KEY PERSONNEL EDUCATION // Business Management, University of Montana REGISTRATIONS // CSI #2145003 // LEED AP EDUCATION // B.S, Civil Engineering, University of Minnesota REGISTRATIONS // Professional Engineer MN #48677 // MnDOT Grading and Base //MnDOT Aggregate Production CLARK LOHR, CSI, LEED AP SENIOR PROJECT MANAGER Clark has over twenty-five years of experience in Civil Engineering and Land Development Project Management. His portfolio of work includes successfully delivering complex projects from conception through entitlements and construction. Clark has been with Stantec for 1 years. \RELEVANT EXPERIENCE Edina Community Health & Safety Facility & Fire Station #2, Edina, MN Wright County Government Center, Buffalo, MN Rosemount Public Works & Police Station Campus, Rosemount, MN Banaadir Academy, Minneapolis, MN Wabasha Kellog ISD #811 Stormwater Improvements, Wabasha, MN Comunidades Latinas Unidas En Serviicio (CLUES), St. Paul, MN Minnesota History Center, St. Paul, MN A-Mill Artists’ Lofts, Minneapolis, MN IBEW Local 292, Brooklyn Park, MN JARED WARD, PE ENGINEERING DESIGN SERVICES MANAGER In the past 16 years, Jared has managed multiple projects for both private and public entities throughout the Midwest. He has experience in navigating public processes and excels at coordinating complex projects through to construction. Jared strives to achieve the business and development goals for every client through his commitment to understanding client needs, ability to apply technical expertise, and strong desire to see every project succeed. Jared has been with Stantec for 18 years. \RELEVANT EXPERIENCE Wright County Government Center, Buffalo, MN Fridley Civic Center, Fridley, MN Shakopee City Hall, Shakopee, MN Aitkin County Government Center, Aitkin, MN Rosemount Public Works & Police Station Campus, Rosemount, MN Ramsey Fire Station No. 2, Ramsey, MN Wright County Justice Center, Buffalo, MN Interstate South Logistics Park, Lakeville, MN EXPERIENCE OF THE TEAM MEMBERS WORKING TOGETHER Name of Team Member Bruce SchwartzmanPaul MichellDarin BarrTrace JacquesMichael HealySusan MorganKelly NaylorChad KurdiAlex SawkaKyle OlsonJared WardClark LohrPROJECT EXPERIENCE OF THE TEAM MEMBERS Winona PS Study.••• South St. Paul MP & Analysis •••• Edina CH & Safety Ongoing Projects •••••••• Wright Co Govt. Cntr MP & Const.•••••••• Rochester ServiceCntr Plan & Const.••••••• Fridley Civic Center ••••••• Shakopee City Hall •••••• Independence CH Study & Reno •••••• Roseville Civic Campus MP/Study ••••• Minnetonka Community Facility Study •••• 210 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 10 \FIRM EXPERIENCE EDINA COMMUNITY HEALTH AND SAFETY CENTER EDINA, MINNESOTA For many years BKV has continued to be a trusted partner to the City of Edina. BKV is the original designer of the city hall and the City recently worked with BKV to complete security upgrades for their lobby reception area, council chambers, and police station. BKV is currently working with the City of Edina planning and designing their new Community Health and Safety Center which will be replacing their existing undersized Fire Station 2. The planned 34,000 gsf facility will include five apparatus bays, fire fighter living quarters, decontamination spaces, along with specialized fire fighter training and health-wellness functions. The new facility is planned to achieve LEED certification and is following the MN B3 Guidelines. COMPLETEDOngoing REFERENCECity of Edina, MN Scott Neal, City Manager4801 W. 50th Street Edina, MN 55424p: 952.927.8861e: sneal@edinamn.gov SERVICESSpace Needs Assessment, Architecture, Interior Design, Landscape Architecture, Mechanical, Plumbing/FP, Electrical, and Structural Engineering, Code Analysis, Specifications // Wenck (now Stantec) – Civil Engineering / Geotechnical WRIGHT COUNTY GOVERNMENT CENTER BUFFALO, MINNESOTA After an extensive study of how to best reuse their existing Government Center including relocating their very large Human Services Department from a remote site, the County decided to proceed ahead with a new Government Center to be co-located with their Law Enforcement and Justice Centers. The new building provides a single point of service for citizens for fourteen County departments as well as the County Board Room and a Department of Motor Vehicles service center. Having already planned for this building to be located jointly with the LEC and Justice Center, the resulting overall site will provide a cohesive and convenient Government Service Campus for this growing and forward- thinking County. COMPLETEDApril 2022 REFERENCEWright County, MNAlan Wilczek, Wright County Facilities Services Director 10 2nd Street NWBuffalo, MN 55313 p: 763.682.7382 e: alan.wilczek@co.wright.mn.us SERVICESSpace Needs Assessment, Architecture, Interior Design, Landscape Architecture, Mechanical, Plumbing/FP, Electrical, and Structural Engineering, Code Analysis, Specifications, Construction Administration // Wenck (now Stantec) – Civil Engineering / Geotechnical 211 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 11 \FIRM EXPERIENCE FRIDLEY CIVIC CENTER FRIDLEY, MINNESOTA This municipal improvement project features a new City Hall / Public Safety facility and Public Works facility, organized around a central water feature and shared plaza. The public engagement process led by HKGI during pre-design was ongoing when BKV Group was brought into the project, with a previously approved building program and a site master plan developed through a series of public design charrettes. Acting in a very transparent and data-driven way, BKV Group documented the actual space needs for each department now and in the future and compared them to the spaces of similar communities in the immediate area to give the public reassurance that the space requests were appropriate and in line with local standards. This careful process was scrutinized and questioned by the citizens who were rightly concerned by the increases proposed, but accepted when no holes in the logic could be found COMPLETEDNovember 2018 REFERENCECity of Fridley, MNScott J. Hickok, Community Development Director7071 University Ave., N.E.Fridley, MN 55432p: 763.572.3590 e: Scott.Hickok@fridleymn.gov SERVICESProgramming, Planning, Design, Project Management, Architecture, Interior Design, Mechanical, Plumbing/FP, Electrical, & Structural Engineering, Documentation, Construction Administration ROCHESTER NORTH SERVICE CENTER & POLICE ROCHESTER, MINNESOTA BKV Group was hired to assist the Rochester Police Department with determining staffing and operational space needs for the next 15 years and prepared a series of planning options which addressed the department’s needs. The study was developed with continual involvement of the police department, city staff, and the members of the city council to ensure that all stakeholders were aware and well informed in the development of an ultimate solution that best achieved the city’s long-term vision. The preferred planning option called for a northern substation. Upon completion of the study, the city purchased the property and worked with BKV Group to design renovations and a building addition to the existing structure. COMPLETEDService Center: September 2020. Police Station: July 2021 REFERENCECity of Rochester, MN Noloan Schild, Budget & Capital Improvement Plan Analyst 201 4th Street SE, Rm 266 Rochester, MN 55904 p: 507.328.2007 e: nschild@rochestermn.gov SERVICESProgramming, Planning, Architecture, Landscape Architecture, Mechanical, Plumbing/FP, Electrical, & Structural Engineering, Interior Design, Specifications, Construction Administration 212 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 12 \FIRM EXPERIENCE MAPLE GROVE CIVIC CAMPUS MASTER PLAN MAPLE GROVE, MINNESOTA The new 150,000 sf Maple Grove Government Center. The building includes a new city hall, council chambers, emergency operations center and public safety department which occupies a stunning site on the edge of a lake in the Arbor Lakes Development.The character of the new government center relies on a cohesive palette of materials utilized to enhance the various volumes and major components of the structure. Large areas of glazing illuminates the public areas and provides significant daylighting for most interior spaces. The main level converges on the central circulation gallery, a two-story polished enclosure, which offers public access to the council chambers, public meeting space, city departments and services and police reception.The exterior is primarily rendered in brick with cast stone detailing. Aluminum panels clad the upper portions of the building, and engages the edge of the existing lake slope and its plantings, defining the character of the lake’s edge. COMPLETED2003 REFERENCECity of Maple Grove Heidi Nelson, City Administrator 12951 Lake RoadMaple Grove, MN 55369 p: 763-494-6010 e: hnelson@maplegrovemn.gov SERVICESProgramming, Planning, Architecture, Interior Design, Mechanical, Plumbing/FP, Electrical, and Structural Engineering, Construction Administration SHAKOPEE CITY HALL SHAKOPEE, MINNESOTA Shakopee City Hall had been operating in the downtown area in a 21,000 sf renovated bank building since 1993. Due to the buildings location, options for expansion were limited and operationally the city departments had run out of space. BKV Group partnered with the city to explore options to develop a new city hall that would allow the city to collocate city services into one facility and allow a one-stop-shop approach for the citizens of Shakopee. The new city hall was designed as an expansion to the existing police department building. Public Works is located directly across the street creating a true city campus. The new facility includes a state-of-the-art council chambers and large community meeting room that may be used by the public. Key City services are located along a light-filled public service corridor creating seamless opportunities to conduct business between the public and city staff. COMPLETEDNovember 2018 REFERENCECity of Shakopee, MN Bill Reynolds, City Administrator 485 Gorman Street Shakopee MN 55379 p: 952.233.9311 e: breynolds@shakopeemn.gov SERVICESProgramming, Planning, Architecture, Interior Design, Mechanical, Plumbing/FP, Electrical, and Structural Engineering, Construction Administration 213 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 13 \FIRM EXPERIENCE NORTHGLENN RECREATION CENTER, SENIOR CENTER & PARSONS THEATER NORTHGLENN, COLORADO The Northglenn Recreation Center, Senior Center, and Parsons Theatre is a nearly 88,000-square-foot multi-purpose facility and is the home for the City’s recreation and culture programs and services. Amenities include: the 335-seat Parsons Theatre, senior center, preschool, indoor playground, full size gymnasium, six-lane lap/competition pool, warm water leisure pool, waterslide, indoor track, fitness center with state of the art cardio and weight equipment, party rooms, and much more. There’s even an electric vehicle charging station on the south side of the facility. COMPLETED2021 SERVICESCommunity Center Consulting, Public Input Process, Facility Programming, Operational Structure Consulting, Implementation Planning REFERENCEAmanda PetersonDirector of Parks, Recreation and Culture11701 Community Center DriveNorthglenn, CO 80233p: 303.450.8950e: apeterson@northglenn.org FIFTYNORTH SENIOR CENTER NORTHFIELD, MINNESOTA From its early days in the 1960’s, members of FiftyNorth have been engaged in working to improve the lives of other seniors living in the area. The group established programs for good nutrition and fellowship, helping older adults to stay connected with others. This group raised money, developed plans for a new building, and worked with a collaboration of partners – the City of Northfield, Community Action Center, Three Rivers Community Action Council, and Northfield Public Schools to realize their dream in 2000 with the construction of the Northfield Community Resource Center that includes the current facility with its warm water exercise pool and fitness center. This facility was transformed into FiftyNorth. Today, FiftyNorth is moving boldly into the future with an innovative model which combines fitness, lifelong learning, the arts, and social interaction with an emphasis on what is important to today’s older adult. COMPLETEDNovember 2018 SERVICESSenior/Community Center Consulting, Review of Existing Documents, Market Assessment, Public Input, Operational Planning, Business Plan REFERENCEFiftyNorthKerry Hjelmgren, Executive Director1651 Jefferson PkwyNorthfield, MN, 55057p: 507.664.3701e: kerry.hjelmgren@fiftynorth.org 214 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 14 \PROJECT UNDERSTANDING & APPROACH LET’S CREATE COMMUNITY TOGETHER Our team believes strongly in the power of architecture to strengthen and bind communities, to create places for human interaction, to provide opportunities to identify and solve problems collectively, and to improve the quality of life. THE NECESSITY OF CREATING COMMUNITY PLACES With the continuous development of our world, design and the idea of “place” are critical components to the sustainability and liability of our cities. The interstitial spaces between buildings have become as important as the buildings themselves. The notion of civic character and sustainable amenities is becoming the measuring stick of successful development. To achieve this, we must create physical spaces that encourage social activity. The importance of community gathering places cannot be underestimated. Community gatherings bolster relationships, empathy, sharing and learning. Similar to how business networking can increase profit, the value of community interaction is essential to the sustainability of communities. To provide these opportunities for the City of Chanhassen, the team must consider the right purposes for gathering, create places for those interactions to occur, and provide comfort for all those involved to encourage them to participate. Your masterplan provides the framework to achieve these goals. The BKV Group team will provide the creativity, innovation, expertise, and experience to help the City of Chanhassen build upon the masterplan to meet and exceed the aspirations of the community for the new Civic Campus. COMMUNITY ENGAGEMENT The public are critical project stakeholders – they ARE the City. They want to know that their tax- payer dollars are being spent wisely and that public projects “fit” within their community. We believe that community engagement is critical to project success and community buy-in. We understand that some public engagement has already been completed. There is value in continuing to inform the community on project developments, we recommend a series of workshops that will educate the public as the project advances. That said, it is not always feasible to implement all suggestions. Ensuring that voices are heard, implementing what is sensible, and building consensus are the ultimate goals. DESIGN PHILOSOPHY BKV Group is dedicated to working with clients to responsibly and effectively build civic buildings and spaces that speak to the heart of the community. Through an approach that emphasizes dialogue, transparency, and accessibility with our clients, we create meaningful places where communities can thrive. We are experts in the process of creating public projects, and knowledgeable in the public contracting process and strategies that ensure that a community will realize its project within budget. We emphasize sustainability by creating civic work that will meet the evolving needs of a community and give government an opportunity to reach the people it serves. At its most basic, architecture is a response to fundamental human needs - a way of organizing space while meeting practical demands. At its best, architecture can introduce new perspectives and new dynamics, reinvigorating the image and experience of a building. We strive to create buildings and outdoor spaces that are both functional and beautiful and, most importantly, are representative of the place in which they’re built. We approach design by starting with the community, documenting it, divining its essence, and use that information as the basis of a truly integrated design. This is a collaborative process that welcomes the input of all interested parties. It involves the exploration of numerous design concepts, each of which will have advantages and disadvantages, that gradually meld into a final design that is a functional and visual answer to the goals of the project. We see a design as successful if everyone involved truly feels that the building belongs and that their needs are met. 215 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 15 \PROJECT UNDERSTANDING & APPROACH Every new building and every site must address and acknowledge a pre-existing context. At the same time, every new project changes the context. We are responsive to content, to material, and to a community’s cultural, historical, and physical environment. We value the past as an inspiration to invent the future. A successful civic project must embody a sense of its purpose, place, and tectonics. Similarly, the architecture must be a natural extension of its surroundings and recognize its responsibility to contribute richly to its community. No other client shares your exact circumstances, operational philosophies and needs. Therefore, it’s extremely important that we provide a process which facilitates communication, so that we’re all focused on the same goals. That is why we use a “team” approach to our projects - a team built from your key decision-makers and our professional staff. This approach is at the heart of our ability to incorporate state of the art operational design into the facility. Planning is an interactive process, using workshops as necessary to gain a mutual philosophical understanding of how you wish to operate. This process does not involve preconceived ideas or solutions, but rather, is predicated on exploring options within a group of highly qualified professionals and making conscious decisions relative to every operation. Within these workshops we will be bringing to the table an added perspective based on our exposure to many similar projects. We’ll be asking questions, making suggestions, developing options, and analyzing the positives and negatives of any suggested concepts. We will pay close attention to functional space relationships and the proper use of modern systems and technology, within your budget and schedule. Our goal is to test and evaluate the possibilities so that they reflect the accumulated knowledge provided by both our team and your input, thereby resulting in the incorporation of state- of-the-art operational design. OUR APPROACH Our team members have served a wide range of municipalities. We take seriously the obligation to design facilities to improve quality of life within the communities we are privileged to serve. A strong focus on serving the public is at the heart of our work. The approach we find most effective is a collaborative process that promotes communication among the decision makers, stakeholders, user groups, design team, and construction professionals. Simply put, we’ll help you navigate the choices for your new Civic Campus that will lead to a successful project that meets the needs of the community for many decades. PROGRAMMING PROCESS BKV begins each programming process with on-site information gathering in an interactive group setting that involves key representatives from the user groups and other critical project stakeholders. Our team will lead you through this process and collect the needed information efficiently and quickly. At the end of this initial information gathering process, our team will understand all project goals, critical relationships, and functional site needs. This will be only the first of several programming sessions with intensive planning activities between each to refine what we hear and develop options for implementation. What results will be a thorough and complete program for development of the overall project with all project stakeholders involved along the way. As part of the programming process, the project budget will be refined. If engaged at the onset of the project, we will work with the construction manager to compare rough order of magnitude costs to potential program options. The City must have an ability to compare program needs versus likely costs to make the best decisions possible. We view it as our duty to inform and guide project stakeholders through this process so that they will be armed with the strongest decision-making ability possible. DESIGN PHASE SERVICES A successful public project incorporates numerous elements of good design. Sensible design is rooted in your design professionals’ understanding of how these types of facilities operate and how facilities impact the economic success of the projects as well as providing the best level of service to your community. Proper design includes skillful layout of project components on the site and of the spaces within the built facilities. This attention to detail ensures critical efficiencies are achieved. 216 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 16 \PROJECT UNDERSTANDING & APPROACH Your project’s goals, needs, budget, and schedule must dictate the final design. When properly planned, interactions and adjacencies between functions will support the project’s unique needs. Successful design only occurs when your design professional both listens and understands your specific needs and, subsequently, develops a design that addresses those needs. Once function is addressed, we recognize that public projects should be inspirational, make positive statements about our communities, and bring value for dollars spent. As we work through schematic design, design development and construction documents phases of work, we will involve the City consistently. The initial schematic design phase will focus on developing and refining the design of the site and built structures. Site plan, floor plans and building exterior design will result from this initial phase. Our workshop-based approach will provide the City with an opportunity to be an active participant in the design direction of the project to build consensus and distill the City’s vision for the project into a tangible design. Once in design development phase, our team will investigate every detail of the project’s design through additional workshop sessions. We will discuss interior design, finishes, technology, engineering systems, security and technology, and many other critical areas of the project’s design. Listening first, sharing our expertise and experience and how other communities have solved their problems, and then developing the design to meet your unique needs is always our goal. The design development phase will resolve all major design decisions and prepare our team to complete technical drawings and specifications that will help construction professionals translate the design into built form. As you review our past projects, you will notice that each project is rooted in community context and the design goals of the project stakeholders and users. It is this balanced design approach that our team brings to each project, considering community and function first, not just aesthetics. Just as much as your unique needs and the surrounding local community context informs our design, our experience in other project types also will benefit the City of Chanhassen. Our varied expertise and successful track record with high-design and user- focused projects impacts how we will design every aspect of the project. We want to be part of the team that assists you in developing a world-class destination and highly functional facilities. CONSTRUCTION PHASE SERVICES Construction administration services provide insight into the execution of construction. We will be a ready and responsive partner for the City and the construction manager and will be an advocate for the objectives reaffirmed with you throughout the design phases. We will support the construction process by being readily available to the owner and the Construction Manager, responsive to questions and issues as they arise, and attend construction progress meetings. In conjunction with regular visits to the construction site to observe progress we will prepare and submit site observation reports with a summary of active work, identification of issues identified while onsite, and issue project progress photographs. We will be the City of Chanhassen’s advocate to ensure that the decisions made during programming and design phases are followed-through during construction. This is the critical last step in ensuring that your project goals are achieved. LESSONS LEARNED For nearly half a century, BKV Group has been delivering government projects to communities throughout Minnesota and the Midwest. Over 300 successful government projects attest to a track-record of meeting our client’s needs and achieving their goals. Over this time, we have learned what we believe to be the best process for mitigating risk and delivering upon promises made. Some of these lessons learned include: STAKEHOLDER INVOLVEMENT. We understand that stakeholders must be involved throughout the planning and design processes. This includes not only the user groups but also City officials and, in many cases, the public. We must also determine the most advantageous and appropriate times to involve elected officials to provide value while advancing the project efficiently. 217 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 17 \PROJECT UNDERSTANDING & APPROACH APPLICATION OF EXPERTISE. We know that we are hired to bring expertise and apply our experience to the projects we are fortunate to be engaged with. Our team features deep experience on local government projects, city halls, community recreation, and senior centers. Involving a team with design expertise and a successful track record of projects like yours allows the City to explore innovative solutions while bringing credibility to the process. SCHEDULING AND PHASING. It will be important to determine the impacts of existing activities and operations on the project site and determine phasing/sequencing plans that will provide as minimal of impacts to the City as possible. We will document such impacts in the formal schedule and work with the construction manager to communicate such requirements to bidders ahead of construction. COST CONTROL. It is critical to reconcile project costs to available funding and identified needs early in the project. We will work closely with the construction manager to understand impacts of early design decisions. Collectively, we will work with the City to develop options that will provide budget compliance while minimizing impacts to the functionality of the project while delivering upon promises made to the community. SITE UNDERSTANDING. We will investigate all site issues such as existing utilities and site impediments to ensure that unknowns are identified and resolved prior to design work beginning. We will document the necessary site improvements as part of the programming and schematic design processes to ensure that project budgets include all necessary scope. Ultimately, we have learned that due diligence and an open, transparent, and collaborative process will discern the ultimate project requirements and guide the solutions developed. We thrive on communication and collaboration to help our clients achieve their goals and minimize risk. PHASED PROJECT EXPERTS Frequently public projects require phasing during the initial project implementation or planning for future phased expansions. This strategy can apply to new facilities, but also to adaptive reuse or renovations. Phasing is typically required to address site issues, to keep critical facilities in operation until new facilities are completed, or to meet project budget requirements. BKV Group has completed numerous projects that were phased. A few notable examples include: • Rochester North Service Center & Police • Aitkin County Government Center • Fridley Civic Center • Dakota County Empire Campus A TECHNOLOGY-INFUSED PROCESS SHARED INFORMATION MODELING. BKV Group uses 3D building information modeling (BIM) as its default process to develop conceptual documents at the early planning stages through final construction documents for all our projects. As a fully integrated architectural/engineering team, our process includes structural, mechanical, plumbing and electrical using the same model. As our primary design tool, BIM offers our project team the ability to immediately see the implications of their decisions in 3D and to easily coordinate the various disciplines, so ducts and steel beams aren’t occupying the same space, for instance. The result is that the project team has a much better opportunity to understand the project, weigh its pros and cons and evaluate the design. All BIM software is designed to include (or easily tie into) green building analysis tools that model energy usage against standard benchmarks, providing an early estimate of energy costs. By factoring in latitude and longitude and incorporating “typical meteorological year” data for weather estimates, these kinds of analyses provide energy use estimates precise down to the hour for the selection of mechanical equipment, baseline code approval, and verification for third-party certification organizations. These tools also allow the design team a way to “tune” the building for lifecycle optimization of strategies like shading devices or window transparency that have a positive effect during cooling season but a negative effect during the winter. 218 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 18 \PROJECT UNDERSTANDING & APPROACH VIRTUAL REALITY. We have incorporated in our design process a transformative technology - Virtual Reality. This tool utilizes the 3D BIM model we develop (no extra or parallel work/time) and allows us to better decipher a client’s expectations, everything from a building’s natural lighting to the choice of color or materials that can be actively assessed at any point in the design and construction process. This is particularly important for public projects – reviewing movement and flow of staff and equipment for efficiency – an invaluable tool. CONSTRUCTION SEQUENCING. BKV Group will share its BIM model with the owner’s construction manager to develop the construction sequencing schedule. This is especially important with the complexity of this project with multiple phases. Working in this way is enormously helpful when it comes to planning work to ensure it is safely, logically, and efficiently sequenced. Being able to prototype how assets come together before ground is broken on site allows for feedback at an early stage and avoids wasteful and costly onsite design co-ordination and rework. COST. In conjunction with the construction manager, we will utilize the components of the information model to provide quantities to extract cost information. The benefits of a costing approach linked to a model include the ability to easily see costs in 3D form, get notifications when changes are made, and the automatic counting of components/systems attached to a project. The accuracy of any cost calculations is, of course, reliant on the data produced and shared within the common data environment. The CM’s quantity surveyors and estimators will check the accuracy of information and will help to interpret and fill information “gaps”. The benefit to extrapolating cost from the information model is the fact that the data can be queried at any time during a project and the information that feeds cost reports is regularly updated. This ‘“living” cost plan helps teams design to budget and because cost managers are engaged from the start of a project this allows for faster, more accurate reporting of costs at the early stages of a project. Compare this to a traditional approach where a cost manager ’s report may be updated a few times during the early stages of a project with completed designs only fully costed at the end of the project team’s design process. PROJECT LIFECYCLE INFORMATION. Owners and taxpayers have traditionally been focused on the upfront capital costs of construction. Shifting this focus to better understand the whole-life cost of assets, where most money is proportionately spent, should make for better decisions upfront in terms of both cost and sustainability. This is where 6D BIM comes in involving the inclusion of information to support facilities management and operation to drive better business outcomes. This data might include information on the manufacturer of a component, its installation date, required maintenance and details of how the item should be configured and operated for optimal performance, energy performance, along with lifespan and decommissioning data. If requested, BKV Group would work with the City to help you turn the tool into a lifecycle management solution for your building. A variety of software tools such as Ecodomus, FM Systems, and Navistools directly tie into the BIM database and provide a system for running a building automation system, which will adjust the HVAC system based on temperature, CO2 levels and occupancy; coordinate light levels where daylight sensors are present; lock and unlock doors based on when the building or room is open to the public; raise and lower blinds to reduce glare; etc. These data points can be easily incorporated in an employee incentive program to help the municipality become more sustainable or can even be published on a website to allow citizens or researchers access to building performance metrics. 219 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 19 \PROJECT UNDERSTANDING & APPROACH STAFF AVAILABILITY TEAM MEMBER CHANHASSEN OCCUPIED FREE Bruce Schwartzman 35%60%5% Paul Michell 40%55%5% Darin Barr 35%60%5% Trace Jacques 35%65%10% Michael Healy 45%50%5% Susan Morgan 20%75%5% Kelly Naylor 40%55%5% Kyle Olson 35%55%10% Alex Sawka 35%60%5% Chad Kurdi 35%66%5% Jared Ward 35%60%5% Clark Lohr 40%50%10% QUALITY CONTROL BKV Group is committed to continuous improvement and being a leader in the architectural and engineering field regarding quality in design, technical proficiency, and client service. Our quality assurance program covers the full range of our professional activities - from studies, pre-contract activities, design, and construction through project completion - employing a series of standard processes and business practices. Our implementation of this program is not compartmentalized, or milestone driven but is continuing and ongoing. Quality Assurance (QA) means continually incorporating quality as work is being accomplished, i.e., doing the work right the first time, every time. QA also includes continuous improvement of individual abilities as well as the system of delivery. BKV Group builds-in quality in several ways, including: • Holding each individual responsible and accountable for the quality of their work • Having proven procedures in place for accomplishing the work • Communicating these procedures and their implementation to all • Defining the work and the desired results • Assigning the appropriate personnel to the task A carefully crafted, coordinated and complete set of construction documents produces a satisfied client and the best protection against claims. The key to producing effective production management and quality control of construction documents is through the following measures: • Generating a tightly coordinated and approved set of design documents with improved coordination between all disciplines at Schematic Design, Design Development, and Construction Documents phases of the project • Careful production planning • Consistent documentation standards • Maintaining current documents and tracking revisions • BIM files are shared to ensure each discipline shares the other’s most current information (inherent with our full service in-house architectural / engineering team) and extended to any consultants on the project • Team coordination meetings: At these team meetings, document coordination and revision issues are discussed along with previous meeting outcomes, schedules, budgets, design criteria, permitting, etc. 220 ENRICHING LIVES AND STRENGTHENING COMMUNITIES | 20 \PROJECT UNDERSTANDING & APPROACH The accuracy of our documents is maintained through a multi- level process enacted continuously throughout the project by the professional A/E team, and with key independent check-set review by qualified Construction Administration staff. BKV Group requires its consultants to maintain the same level of diligence and care in the performance of services that we expect of ourselves. Standard project check lists are utilized where appropriate and required during the review processes. BKV Group also provides as part of its cost a third-party review of the building envelope for all projects undertaken. This is especially critical for public projects where investment of taxpayer dollars must deliver long term value for the community. Third-party review provides additional assurance that the exterior design of the project will perform for decades to come. FINAL THOUGHTS We Understand the Importance Yes, we offer a full-service team of design professionals, but we also bring creative, collaborative, and engaged teammates to your project. We will be your trusted advisors to assist the City of Chanhassen, and all project stakeholders and partners in meeting their project goals. • Community Matters – Providing enhanced services and improving an already amazing quality of life for your residents and the greater region is paramount. • Building for the Future – This is a once in a lifetime opportunity for the City. This project sets the stage for the continued growth of Chanhassen. • Responsibility & Service – Your City require a functional, efficient, and cost-effective City Hall, Senior Center, and recreational facilities to meet the needs of your residents. The Best Team for Your Project We’re committed to our clients, committed to our teammates, committed to finding the best design solution – those distinctive touches that transform a project from ordinary to outstanding. • Project Type Expertise – Creating treasured community-focused projects is what we do. • Client-First Culture – We listen and collaborate first and then bring creative solutions. Your goals are our goals. • Service-Focused – “Enriching Lives and Strengthening Communities” is why we exist. We would be honored to work with the City of Chanhassen on this important and transformative project. Thank you for the opportunity! 221 WWW.BKVGROUP.COM PROJECTS WITH GOVERNMENT ENTITIESOVER300+ AITKIN COUNTY JAIL/LEC AND COURTHOUSE EXPANSION (80 BEDS), MN • AITKIN COUNTY Government Center Study, MN • AITKIN COUNTY Government Center, MN • ALBERT LEA Municipal Facilities Master Plan, MN • ALPENA COUNTY Jail, MI • ALPENA COUNTY Sheriff’s Office and Jai MI • ANOKA COUNTY Juvenile Detention Water Service, MN • ANDOVER City Hall & Police, Needs Assessment, MN • ANOKA COUNTY Juvenile Detention Water Service, MN• ARLINGTON ART Maintenance Facility, VA • BAYFIELD COUNTY Security and Space Needs Study, WI • BECKER COUNTY Justice Center, Addition & Remodeling, MN • BEDFORD Justice Center, New Facility, OH • BEDFORD Justice Center, New Facility, OH • BEDFORD Municipal Complex, Needs Assessment & New Facility, OH • BENTON COUNTY Jail, MN • BLOOMINGTON Combined Facility Study, IL • BLOOMINGTON City Hall, Needs Assessment & Master Plan, MN • BROOKINGS COUNTY Detention Center, SD• BROOKINGS COUNTY Jail Study, SD • BUREAU COUNTY Law Enforcement Center Master Plan, Sheriff Office Renovation, & Jail Addition, IL • BUREAU COUNTY Jail Study and Law Enforcement Center, IL• BUREAU COUNTY Law Enforcement Center, IL • BUFFALO Architectural Services Municipal Facilities • BURNSVILLE Facility Space Needs Assessment, MN • CARLTON COUNTY Master Plan, MN • CARLTON COUNTY Justice System Implementation, MN • CARLTON COUNTY School Facility Assessment, MN • CARLTON COUNTY ACT Building Remodeling, MN • CHAMPLIN City Hall, Needs Assessment, Addition & Reconstruction, MN • CHANHASSEN City Hall, New Facility, MN • CHICAGO Federal Office Building Dirksen & Klucynski Buildings, Energy Study, Elevator & Window Replacement, IL • CHESTERFIELD COUNTY Ettrick Library, VA • CINCINNATI Federal Building & U.S. Courthouse, Modernization & Court Recognition, OH • CIRCLE PINES City Hall Planning & Renovation, MN • CLEVELAND Federal Building Court Pre-Design Study, Remodeling Courts, OH • CLOQUET Municipal Facilities Needs Assessment, MN • CODINGTON COUNTY Courthouse Remodeling, Watertown, SD • CODINGTON COUNTY, Justice Center Study, SD • CODINGTON COUNTY Justice Facility, Watertown, SD • COON RAPIDS City Hall & Community Center Needs Assessment & Master Plan, New Facility, MN • DAKOTA COUNTY Law Enforcement, Needs Assessment, MN • DAKOTA COUNTY Law Enforcement Center, MN • DAKOTA COUNTY Empire Campus, MN • DAKOTA COUNTY Empire Campus Roof Replacement, MN • DAKOTA COUNTY Entry Plaza Renovation, MN • DANE COUNTY Courthouse, WI• DAYTON Municipal Facilities Needs Assessment & Master Plan, MN • DETROIT Federal Building & U.S. Courthouse Bankruptcy & Court Office Space Program & Design, MI • DILWORTH City Facilities Site Assessment, Study, & Pre-Design, MN • EAGAN Municipal Center, Addition & Remodeling, MN • EDINA City Hall & Police Station, New Facility, MN • EL PASO COUNTY Pikes Peak Quarry Reuse, CO • ELKO NEW MARKET Public Facilities Master Plan, MN • EMILY City Hall & Police Station, Needs Assessment, Addition & Remodel, MN • EXCELSIOR 106 Center Street Study, MN • FAIRFAX COUNTY Penn Daw Fire Station, VA • FAIRFAX COUNTY Seven Corners Fire Station 28, VA • FAIRFAX COUNTY Woodlawn Fire Station, VA • FAIRMOUNT City Hall, Addition & Remodeling, MN • FAUQUIER COUNTY Library Mixed Use Feasibility Study, VA • FAUQUIER COUNTY Remington Volunteer Fire, VA • FAUQUIER COUNTY Tasks 1 Courts Study, VA • FAUQUIER COUNTY Task 4 PSAP Facility, VA • FEDERAL OFFICE BUILDING Dirksen and Klucynski Buildings, Energy Study, Elevator and Window Replacement, Chicago, IL • FERGUS FALLS City Hall Feasibility Study, Preservation Upgrades & Window Replacement, MN • FINDLEY Federal Building, Office & Courts Remodeling, IL • FOREST LAKE Municipal Facilities Master Plan, MN • FREEBORN COUNTY Government Center, Study, Master Plan, Addition & Remodeling, MN • FREEBORN COUNTY Justice Center, MN • FRIDLEY City Hall, Needs Assessment, Addition and Remodeling, MN • FRIDLEY Civic Center New Facility, MN • FRIDLEY Municipal Center, Needs Assessment, Addition & Remodeling, MN • GOLDEN VALLEY Municipal Facilities, Needs Assessment, MN • HARLAN COUNTY Judicial Center, Master Plan, Remodeling & Renovation, KY • HENNEPIN COUNTY 8941 Portland Ave Assessment, MN • HENNEPIN COUNTY ACF Men’s Building Window Study, Plymouth, MN • HENNEPIN COUNTY ACF Women’s and Work Release Exterior Envelope Study, MN • HENNEPIN COUNTY Conciliation Court Study, MN • HENNEPIN COUNTY Drug Court Remodeling Phases 1 & 2, MN• HENNEPIN COUNTY Probate/Mental Health Court Remodeling, MN• HENNEPIN COUNTY Southside Service Center,, MN • HENRICO COUNTY Fire House 19, Short Pump, VA • HENRICO COUNTY Staples Mill Road Firehouse 20, VA • HENRICO COUNTY Fire Station 14, 15, 16, 17, VA • HOWARD LAKE Feasibility Study, MN • INDEPENDENCE City Hall Planning, MN • INGHAM COUNTY Justice Center Master Plan, MI • INVER GROVE HEIGHTS City Hall & Police Station, Addition & Remodel, MN • ISANTI COUNTY Law Enforcement Center, Needs Assessment Study and Jail Expansion, MN• ISLAND LAKE City Hall & Police Department, Needs Assessment, IL • ISANTI COUNTY Law Enforcement Center, Needs Assessment Study & Jail Expansion, MN • JOINT Public Safety Facility Feasibility Study, MN • KANE COUNTY Adult Detention Center Addition, IL • LAKE COUNTY Courthouse, Facility Master Plan, OH • LAKE COUNTY Juvenile Justice Center Master Plan, IL• LAKE ELMO Municipal Space Needs Assessment, MN • LAKEWOOD Municipal Facilities Master Plan, IL • LEECH LAKE Justice Center and Tribal Police, Leech Lake Band of Ojibwe, Cass Lake, MN • LE SUEUR COUNTY Courthouse, Master Plan, Addition & Remodeling, MN • LE SUEUR COUNTY Courthouse, Master Plan, Addition and Remodeling, MN • LE SUEUR COUNTY Court / Justice Center Study & New Facility, Le Center, MN • LE SUEUR COUNTY Justice Center, MN • LE SUEUR COUNTY Government Center, MN • LE SUEUR COUNTY Public Works Study, MN• LE SUEUR COUNTY Human Services, MN • LITTLE CANADA City Hall, Needs Assessment, Addition & Remodeling, MN • LOUDOUN COUNTY DGS DAIS Refresh, VA • MAHTOMEDI City Hall & Fire Department, Needs Assessment, MN • MAHNOMEN COUNTY White Earth Public Safety Study, MN • MAHNOMEN COUNTY Jail, MN • MAHOMENT Village Hall Study, IL • MAPLE GROVE Government Center, Needs Assessment & Master Plan, New Facility, MN • MELROSE City Hall, Community Center, & Library, Needs Assessment, New Facility, MN • MINNEAPOLIS Federal Courthouse, Site & Massing Studies, MN • MINNETRISTA City Hall, Needs Assessment & New Facility, MN • MINNESOTA Judicial Center Supreme Court Judges Chamber Remodeling, MN• MINNETONKA City Hall Council Chamber Renovation, MN • MONTGOMERY COUNTY Courthouse, PA • MONTGOMERY COUNTY Government Center, MD• NEW PRAGUE City Hall, Addition & Remodeling, MN • NICOLLET COUNTY Courthouse, Study & Master Plan, MN • NYE COUNTY Justice Facility NV • OLMSTED COUNTY Courthouse Expansion, Phase I & II, MN • OLMSTED COUNTY Human Services Building, MN • OLMSTED COUNTY Government Center Justice Systems Remodeling, MN • OLMSTED COUNTY Government Center Remodeling Phase 2, MN • OLMSTED COUNTY Social Services Building, MN • OLMSTED COUNTY Temporary Court Remodeling, MN • ORONO Village Center, Needs Assessment & Master Plan, New Facility, MN • OSSEO City Hall, Handicapped Remodeling, MN • PARMA City Hall & Municipal Facilities Assessment & Master Plan, OH • PARMA Justice Center, New Facility, OH • PENNINGTON COUNTY Courtroom, MN • PENNINGTON COUNTY Courthouse Master Plan & Government Center, SD • PENNINGTON COUNTY New Justice Center, MN • PENNINGTON COUNTY Space Needs Analysis and Facility Needs Planning, MN • PENNINGTON COUNTY Government Facilities, SD • PENNINGTON COUNTY Study and Justice Center, Pennington County, MN • PINE COUNTY Justice Center, MN • PINE COUNTY Justice Center, Facility Master Plan, Addition & Remodeling, MN • Pine County Public Works, Sandstone, MN • PINE COUNTY Public Works, MN • PLYMOUTH City Hall & Public Safety Building, Needs Assessment, Addition & Remodel, MN • POPE COUNTY LEC/Government Center Master Plan & Needs Assessment, MN• PRINCE GEORGE’S COUNTY Term Contract, MD • PRIOR LAKE City Hall, Needs Assessment & Master Plan, MN • RAMSEY Municipal Center, Needs Assessment & New Facility, MN • RAMSEY COUNTY Residents First Core Services, MN • RAMSEY COUNTY Pre-Design Administrative Offices, MN • RAMSEY COUNTY Highland Park Reservoir, Saint Paul, MN • RAMSEY COUNTY Battle Cr Wtr, MN • RAMSEY Municipal Center, Needs Assessment and New Facility, MN • RICHFIELD City Hall, Needs Assessment & Master Plan, MN • ROCKFORD City Hall, Schematic Design, MN • ROCKFORD Federal Building & U.S. Courthouse, Three Courtrooms Program & Design Studies, IL • ROSEMOUNT City Hall, Needs Assessment & Master Plan, MN • ROSEMOUNT Police Station & Public Works, MN • ROSEVILLE Campus Master Plan & Pre-Design, MN • SAVAGE City Hall, Needs Assessment & Master Plan, MN • SCOTT COUNTY Government/Justice Center, Space Needs Assessment Study,MN• SCOTT COUNTY PSAP Study, MN • SCOTT COUNTY SCALE Fire Training Facility, MN • SHAKOPEE City Hall, Needs Assessment & Master Plan, MN • SHOREVIEW City Council Chambers Remodeling, MN • SPOTSYLVANIA COUNTY Fire Station, VA • SPOTSYLVANIA Fire Rescue 3 and 12, VA • SPRINGFIELD Federal Courts Building, Court Program Schematics for 12 Courtrooms, IL • STEARNS COUNTY Jail LEC Court Assessment and Master Plan, MN • ST. LOUIS COUNTY Jail Study, MN • ST. LOUIS PARK City Hall, Needs Assessment, MN • ST. MICHAEL Municipal Facilities Needs Assessment & Master Plan, MN • STERLING City Hall & Police, Facilities Assessment & Master Plan, IL • TODD COUNTY Courthouse, Addition & Remodeling, MN • U.S. Federal Courthouse, Programming & Planning Studies, New Courthouse, TN • VADNAIS HEIGHTS City Hall, Needs Assessment & New Facility, MN • YOUNGSTOWN Federal Building & Courthouse, Prospectus Development Study, OH • WADENA COUNTY Courthouse Remodel, MN • WATERTOWN City Hall, Needs Assessment and Master Plan,MN • WASHBURN COUNTY Government Center Study, WI • WINONA COUNTY Courthouse, Historic Renovation & Remodel, MN • WINONA COUNTY Office Building Remodeling, MN • WINONA COUNTY Jail Sheriff’s Office, MN • WATERTOWN City Hall, Needs Assessment & Master Plan, MN • WEST FARGO City Hall & Police 222 Document B132™ – 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A132™–2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232™–2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the Twenty-second day of May in the year Two thousand Twenty-three. (In words, indicate day, month, and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address, and other information) City of Chanhassen, Minnesota 7700 Market Boulevard Chanhassen, MN 55317 and the Architect: (Name, legal status, address, and other information) Boarman Kroos Vogel Group, Inc. dba BKV Group 222 North 2nd Street, Suite 101 Minneapolis, MN 55401 for the following Project: (Name, location, and detailed description) Chanhassen Civic Campus A new City Hall with Senior Center facility of approximately 38,000 SF and a Park Pavilion building of approximately 4,000 SF. The project will be executed in two phases with the City Hall structure being completed first and demolition of the existing City Hall and site development of the remaining project area occurring during a second phase. Site development is anticipated to include recreation fields/courts, a new skate park, outdoor performance area & ice rink, playground, splashpad, parking lots, and streetscape to support the overall campus. The Construction Manager: (Name, legal status, address, and other information) To be determined. The Owner and Architect agree as follows. 223 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable," or "unknown at time of execution".) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) The Owner previously completed the following study exercises for the Project. Facility Masterplan for their existing City Hall, dated May 23, 2022 Facility Condition Assessment for municipal facilities, including City Hall, dated September 16, 2021 Civic Campus Masterplan, dated March 13, 2023 The Project will commence with program verification utilizing the above information, and any other information provided by the Owner, to refine final program requirements for the Project. § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) The Project area is bounded by West 78th Street on the south, Kerber Boulevard on the west, Market Boulevard and the Fire Station on the east, and an existing trail on the north. 224 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 3 § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line-item breakdown.) Cost of the Work is estimated at 80% of the Owner’s total budget for the Project and is anticipated to be between $26,400,000 and $28,000,000. § 1.1.4 The Owner’s anticipated design and construction milestone dates, subject to coordination with the selected Construction Manager: .1 Estimated design phase milestone dates, if any: Program Verification: July 11, 2023 Schematic Design: August 29, 2023 Design Development: November 16, 2023 Construction Documents: February 14, 2024 .2 Estimated construction commencement date: May 2024 .3 Estimated Substantial Completion date or dates: Phase One: May 2025 Phase Two: September 2026 .4 Other milestone dates: To be determined. § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) Construction Manager as Advisor will administer a phased competitive bid process for each bid package identified for the Project. § 1.1.6 The Owner’s requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) To be determined with Construction Manager. § 1.1.7 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) Not applicable. § 1.1.7.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E235-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E235-2019 is incorporated into this Agreement, the Owner and Architect shall incorporate the completed E235-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. 225 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 4 § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) Laurie Hokkanen, City Manager 7700 Market Boulevard Chanhassen, MN 55317 952-227-1100 lhokkanen@chanhassenmn.gov § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) Not applicable. § 1.1.10 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention. If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1.) To be determined. Owner anticipates retention before July 2023. .2 Land Surveyor: WSB, Inc. 701 Xenia Avenue South, Suite 300 Golden Valley, MN 55416 763-541-4800 .3 Geotechnical Engineer: To be determined. (Paragraph deleted) .4 Landscape Architect: Hoisington Koegler Group, Inc. 800 Washington Avenue North, Suite 103 Minneapolis, MN 55401 612-338-0800 .5 Other consultants and Contractors: (List any other consultants and Contractors retained by the Owner.) Commissioning Agent: To be determined. 226 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 5 § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) Paul Michell, Government Practice Leader Boarman Kroos Vogel Group, Inc. 222 North 2nd Street, Suite 101 Minneapolis, MN 55401 612-339-3752 pmichell@bkvgroup.com § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: Boarman Kroos Vogel Group, Inc. 222 North 2nd Street, Suite 101 Minneapolis, MN 55401 612-339-3752 .2 Mechanical Engineer: Boarman Kroos Vogel Group, Inc. 222 North 2nd Street, Suite 101 Minneapolis, MN 55401 612-339-3752 .3 Electrical Engineer: Boarman Kroos Vogel Group, Inc. 222 North 2nd Street, Suite 101 Minneapolis, MN 55401 612-339-3752 .4 Civil Engineer: Stantec, Inc. One Carlson Parkway North, Suite 100 Plymouth, MN 55447 763-479-4200 .5 Acoustics Consultant: Henderson Engineers, Inc. 8345 Lenexa Drive, Suite 300 Lenexa, Kansas 66214 913-742-5000 227 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 6 .6 Low Voltage Consultant: True North Consulting Group, Inc. 140 3rd Street South Stillwater, MN 55082 888-650-4580 .7 Senior Center Planning Consultant: Ballard*King and Associates, Inc. 2743 East Ravenhill Circle Highlands Ranch, CO 80126 303-470-8661 § 1.1.12.2 Consultants retained under Supplemental Services: Not applicable. § 1.1.13 Other Initial Information on which the Agreement is based: Not applicable. § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 The term "Contractors" refers to persons or entities who perform Work under contracts with the Owner that are administered by the Architect and Construction Manager. The term "Contractors" is used to refer to such persons or entities, whether singular or plural. The term does not include the Owner’s own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Architect and Construction Manager. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 228 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 7 § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132™–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than Two Million Dollars ($ 2,000,000.00 ) for each occurrence and Two Million Dollars ($ 2,000,000.00 ) in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than Two Million Dollars ($ 2,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.6.4 Workers’ Compensation at statutory limits. § 2.6.5 Employers’ Liability with policy limits not less than Five Hundred Thousand Dollars ($ 500,000.00 ) each accident, Five Hundred Thousand Dollars ($ 500,000.00 ) each employee, and Five Hundred Thousand Dollars ($ 500,000,00 ) policy limit. § 2.6.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than Two Million Dollars ($ 2,000,000.00 ) per claim and Two Million Dollars ($ 2,000,000.00 ) in the aggregate. § 2.6.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. In providing services under this Agreement, Architect shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Architect under similar circumstances. Architect shall comply with applicable laws, statutes, ordinances and 229 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 8 regulations, and the Owner’s mandated standards that Owner has provided Architect in writing. Owner shall not be responsible for discovering deficiencies in the accuracy of the Architect’s work. § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner, the Construction Manager, and the Owner’s other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency, in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Construction Manager’s review and the Owner’s approval, a schedule for the performance of the Architect’s services. The schedule shall include design phase milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. This schedule shall include allowances for periods of time required for the Owner’s review, for the Construction Manager’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect’s services. The Architect shall review and approve, or take other appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s services. § 3.1.5 The Architect shall not be responsible for an Owner’s or Construction Manager’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.6 The Architect shall, in coordination with the Construction Manager, contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction Manager, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner and Construction Manager regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, to the Owner and Construction Manager, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Construction Manager’s review and Owner’s approval. The Schematic Design Documents shall 230 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 9 consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt of the Construction Manager’s review comments and cost estimate at the conclusion of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate such revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager’s agreement with the Owner. § 3.2.9 The Architect shall not proceed into Construction Documents without written authorization from the Owner. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Construction Manager’s review and the Owner’s approval. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.3.3 Upon receipt of the Construction Manager’s information and estimate at the conclusion of the Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner’s approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Construction Manager’s review and the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop 231 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 10 Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreements between the Owner and Contractors; and (3) the Conditions of the Contracts for Construction (General, Supplementary and other Conditions); and (4) a project manual that includes the Conditions of the Contracts for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.4.5 Upon receipt of the Construction Manager’s information and an estimate at the conclusion of the Construction Documents Phase, the Architect shall take action as required under Section 6.7, and request the Owner’s approval of the Construction Documents. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner and Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing Contracts for Construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and .4 organizing and conducting the opening of bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective Contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective Contractors; .3 preparing responses to questions from prospective Contractors and providing clarifications and interpretations of the Proposal Documents to the prospective Contractors in the form of addenda; and .4 participating in negotiations with prospective Contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. 232 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 11 § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions, consult with the Construction Manager, and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232–2019, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractors’ failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for acts or omissions of the Construction Manager, or acts or omissions of the Contractors or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner and the Construction Manager (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Construction Manager, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractors, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractors through the Construction Manager. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by the Owner and Contractors, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. 233 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 12 § 3.6.2.5 Unless the Owner and Contractors designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A232–2019, the Architect, with the assistance of the Construction Manager, shall render initial decisions on Claims between the Owner and Contractors as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 Not more frequently than monthly, the Architect shall review and certify an application for payment. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor’s Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there is more than one Contractor responsible for performing different portions of the Project, the Architect shall review the Project Application and Project Certificate for Payment, with the Summary of Contractors’ Applications for Payment, that the Construction Manager has previously prepared, reviewed, and certified. The Architect shall certify the total amount due all Contractors collectively and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect’s certification for payment shall constitute a representation to the Owner, based on (1) the Architect’s evaluation of the Work as provided in Section 3.6.2, (2) the data comprising the Contractor’s Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor’s right to payment, or (4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager’s Project submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractors’ submittals such as Shop Drawings, Product Data and Samples, that the Construction Manager has reviewed, recommended for approval, and transmitted to the Architect. The Architect’s review of the submittals shall only be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractors’ responsibilities. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractors to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take 234 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 13 appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractors’ design professionals, provided the submittals bear such professionals’ seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager’s recommendations, and subject to the provisions of Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be affected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall: .1 conduct inspections to determine the date of Substantial Completion and the date of final completion; .2 issue a Certificate of Substantial Completion prepared by the Construction Manager; .3 review written warranties and related documents required by the Contract Documents and received from the Contractors, through the Construction Manager; and .4 after receipt of a final Contractor’s Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner and Construction Manager to (1) check conformance of the Work with the requirements of the Contract Documents and (2) verify the accuracy and completeness of the lists submitted by the Construction Manager and Contractors of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid each of the Contractors, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractors, through the Construction Manager: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractors under the Contract Documents. 235 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 14 § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner and Construction Manager to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner or Not Provided) § 4.1.1.1 Assistance with selection of Construction Manager Architect § 4.1.1.2 Program Verification and Refinement Architect (Row deleted) § 4.1.1.3 Multiple preliminary designs Not Provided § 4.1.1.4 Measured drawings Not Provided § 4.1.1.5 Existing facilities surveys Not Provided § 4.1.1.6 Site evaluation and planning Not Provided § 4.1.1.7 Building Information Model management responsibilities Architect § 4.1.1.8 Development of Building Information Models for post construction use Not Provided § 4.1.1.9 Civil engineering Architect § 4.1.1.10 Landscape design Owner § 4.1.1.11 Architectural interior design Architect § 4.1.1.12 Value analysis Construction Manager § 4.1.1.13 Cost estimating Construction Manager § 4.1.1.14 On-site project representation Construction Manager § 4.1.1.15 Conformed documents for construction Architect § 4.1.1.16 As-designed record drawings Architect § 4.1.1.17 As-constructed record drawings Construction Manager § 4.1.1.18 Post-occupancy evaluation Not Provided § 4.1.1.19 Facility support services Not Provided § 4.1.1.20 Tenant-related services Not Provided § 4.1.1.21 Architect’s coordination of the Owner’s consultants Not Provided § 4.1.1.22 Telecommunications/data design Architect § 4.1.1.23 Security evaluation and planning Architect § 4.1.1.24 Commissioning To Be Determined § 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided § 4.1.1.26 Historic preservation Not Provided § 4.1.1.27 Furniture, furnishings, and equipment design Not Provided § 4.1.1.28 Other services provided by specialty Consultants Not Provided § 4.1.1.29 Other Supplemental Services Not Provided 236 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 15 § 4.1.1.30 Acoustics Consulting Architect § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, approvals given by the Owner, or a material change in the Project including size, quality, complexity, building systems, the Owner’s schedule or budget for Cost of the Work, constructability considerations, procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as required pursuant to Section 6.7), when such revisions are required because the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 Services necessitated by enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner, Construction Manager or the Owner’s other consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing; 237 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 16 .9 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation of the qualifications of entities providing bids or proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice: .1 Reviewing a Contractor’s submittal out of sequence from the Project submittal schedule approved by the Architect; .2 Responding to the Contractors’ requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractors from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractors’ proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or .5 Evaluating substitutions proposed by the Owner, Construction Manager or Contractors and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractors .2 Forty-eight ( 48 ) visits to the site by the Architect during construction .3 Two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 ) inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work, or (2) the anticipated date of Substantial Completion identified in the Initial Information, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within forty ( 40 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and responsibilities as described in AIA Document C132–2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. The Owner shall provide the Architect with a copy of the scope of services in the agreement executed between the Owner and the Construction Manager, and any subsequent modifications to the Construction Manager’s scope of services in the agreement. § 5.3 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until 238 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 17 final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractors to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.6 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.7 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.8 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.13 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct 239 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 18 communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.14 Before executing the Contracts for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contracts for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors’ general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager’s consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4. Evaluations of the Owner’s budget for the Cost of the Work represent the Architect’s judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager’s inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the Architect could not reasonably anticipate. The Architect may review the Construction Manager’s estimates solely for the Architect’s guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager’s estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .4 implement any other mutually acceptable alternative. 240 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 19 § 6.6 If the Owner chooses to proceed under Section 6.5.3, the Architect, without additional compensation, shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect’s revisions in the Construction Documents Phase shall be the limit of the Architect’s responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner’s budget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Owner shall be deemed the owners of the Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractors, Construction Manager, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and Separate Contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case, not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. 241 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 20 § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232–2019, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, contractors, consultants, agents and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect’s obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless does not include a duty to defend. The Architect’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ]Arbitration pursuant to Section 8.3 of this Agreement [ X ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 The provisions of this Article 8 shall survive the termination of this Agreement. (Paragraphs deleted) 242 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 21 ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or if the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination and Reimbursable Expenses incurred. § 9.7 (Paragraphs deleted) Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.8 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. (Paragraph deleted) ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, except for purposes of this Agreement, the term "Work" shall include the work of all Contractors under the administration of the Architect and Construction Manager. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, and including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. 243 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 22 § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Paragraphs deleted) Percentage Basis (Insert percentage value) Six and nine tenths (6.85 ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6. (Paragraphs deleted) Based on the estimated Cost of the Work as identified in Section 1.1.3, the estimated fee is approximately One Million Eight Hundred Thousand Ninety-five and no/100 Dollars ($1,895,000.00). The final fee will be this percentage applied to the final Cost of the Work as approved by City Council at the completion of Schematic Design phase. § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Not applicable. Compensation for identified Supplemental Services is included in compensation for Basic Services indicated in Section 11.1. 244 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 23 § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) Unless agreed otherwise on an hourly basis at rates set out in Exhibit A. § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Program Verification six percent ( 6 %) Schematic Design Phase fifteen percent ( 15 %) Design Development Phase twenty-seven percent ( 27 %) Construction Documents Phase twenty-seven percent ( 27 %) Procurement Phase three percent ( 3 %) Construction Phase twenty-two percent ( 22 %) Total Basic Compensation one hundred percent (100 %) The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) See Exhibit A. (Table deleted) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; 245 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1987661937) 24 .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and .12 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus zero percent ( 0 %) of the expenses incurred. § 11.9 Architect’s Insurance If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect.) Not applicable. § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of Zero and no/100 Dollars ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. (Paragraph deleted) § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid forty-five ( 45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 1.0 % per month § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to Contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) None. 246 Init. / AIA Document B132 – 2019. Copyright © 1992, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 08:18:43 ET on 05/22/2023 under Order No.2114322631 which expires on 06/13/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes:(1987661937) 25 ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B132™–2019, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below, if completed, or the following: (Insert the date of the E203-2013 incorporated into this Agreement.) .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ ]AIA Document E235™–2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this Agreement.) Not applicable. [ X ]Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) Exhibit A: Architect’s Hourly Rates of Compensation .4 Other documents: (List other documents, if any, forming part of the Agreement.) Not applicable. This Agreement is entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) Laurie Hokkanen, City Manager Michael J. Krych, President (Printed name and title) (Printed name, title, and license number, if applicable) OWNER (Signature)ARCHITECT (Signature) Bruce Schwartzman, Vice President (Printed name and title) (Printed name, title, and license number, if applicable) 247 City Council Item May 22, 2023 Item Resolution 2023-XX: Accept 2023 Community Events Sponsorship Donations from Area Businesses File No.Item No: D.15 Agenda Section CONSENT AGENDA Prepared By Priya Tandon, Recreation Manager Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts a resolution accepting donations totaling $41,891.70 from area businesses for the 2023 Community Events Sponsorship Program. Furthermore, staff is directed to prepare correspondence thanking each business for their generous contribution." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND Each year, the City of Chanhassen presents four community events: February Festival, the Easter Egg Candy Hunt, 4th of July Celebration, and the Halloween Party. These events have been longstanding traditions in our community. To date, $41,891.70 has been donated for the 2023 Community Events Sponsorship Program in increments of $500 or more. Numerous smaller donations have also been received, bringing the total amount contributed to $43,016.70 to date. All donations exceeding $500 must be approved by the City Council under State Statute. The generosity and civic pride of our business community is one of the many reasons why Chanhassen is a great place to live and raise a family. All of the community events are made possible through 248 generous donations from the local business community. DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS Resolution 249 1 CITYOFCHANHASSEN CARVERANDHENNEPINCOUNTIES,MINNESOTA DATE: May22,2023 RESOLUTION NO:2023-XX MOTION BY:SECONDED BY: A RESOLUTION ACCEPTING DONATIONS FOR THE 2023 COMMUNITY EVENTS SPONSORSHIP PROGRAM WHEREAS,each yearthecitypresentsfourcommunityevents: FebruaryFestival,Easter Egg Candy Hunt, 4 th of July Celebration, and Halloween Party. NOW,THEREFORE,BE ITRESOLVEDTHATTHECHANHASSENCITY COUNCIL herebyaccepts thefollowingdonationsto helpoffsetthecostsoftheseevents: Business Name Donation Garden By the Woods $4,000.00 Chanhassen Dinner Theatres $3,600.00 Nicolet National Bank $3,500.00 IWCO $3,000.00 Old National Bank $3,000.00 Automotive Unlimited $1,560.00 Bongards Premium Cheese $1,500.00 Ridgeview $1,500.00 Merlin's Ace Hardware $1,475.78 The Mustard Seed Landscaping and Garden Center $1,250.00 Americana Community Bank $1,000.00 Chanhassen American Legion Post 580 $1,000.00 Chick-fil-A Chanhassen $1,000.00 Children of Tomorrow Learning Centers $1,000.00 Culver's Chanhassen $1,000.00 Eden Trace Corp.$1,000.00 J&R Complete Auto Repair $1,000.00 kiddywampus $1,000.00 Lunds & Byerly's Chanhassen $1,000.00 Mathnasium of Chanhassen West $1,000.00 250 2 Business Name Donation Pizzaioli $1,000.00 The Garden By The Woods $1,000.00 Waytek Inc.$1,000.00 Wink Family Eye Care $1,000.00 Premier Pool and Spa $505.92 Brown's Tire & Auto $500.00 Chanhassen Chiropractic $500.00 Chanhassen Dental $500.00 Houlihan's Restaurant and Bar $500.00 Power Systems $500.00 Xcel Energy $500.00 TOTAL DONATIONS $ 41,891.70 BEITFURTHERRESOLVED thatstaffisdirectedtopreparecorrespondencethanking each business for their generous contributions. PASSEDAND ADOPTED bytheChanhassenCityCouncil this 22 nd dayof May, 2023. ATTEST: Kim Meuwissen, City Clerk EliseRyan,Mayor YES NO ABSENT 251 City Council Item May 22, 2023 Item Resolution 2023-XX: Authorize Vegetation Management Services Contract for 2023 File No.N/A Item No: D.16 Agenda Section CONSENT AGENDA Prepared By Joe Seidl, Water Resources Engineer Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council adopts a resolution authorizing a contract with Natural Shores Technologies, Inc. for performing Vegetation Management Services." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY This contract is for annual vegetation and maintenance work associated with the city's stormwater BMPs and water resources. The project consists of multiple areas around the city and the scope includes a mix of vegetation maintenance and restoration. Establishing proper vegetation around stormwater BMPs and water resources is essential to the city's drainage system functionality. The city, via its MS4 permit, is obligated to maintain its stormwater management infrastructure. Staff is continuing to find older BMPs in need of maintenance as databases are updated. The contract is designed to allow flexibility to maintain additional areas as they are identified. Staff received bids from four (4) qualified companies and selected the lowest bidder, Natural Shore Technologies Inc., who has previously successfully completed similar work for the city in the past. BACKGROUND N/A 252 DISCUSSION N/A BUDGET This project is an operating expense funded by the Surface Water Management Fund. The city received a total of four (4) bids, ranging from $23,500 to $36,175. A copy of the bid comparison spreadsheet is attached. The bid for Natural Shores Technologies Inc. was adjusted to reflect the additional allocated hours in the bid from 50 to 100. RECOMMENDATION Staff recommends award of the contract to the low bidder, Natural Shore Technologies, Inc. ATTACHMENTS Resolution Agreement for 2023 Vegetation Management Services Bid Comparison 2023 RFQ Scope Natural Shore Technologies, Inc. Quote 253 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 22, 2023 RESOLUTION NO: 2023-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH NATURAL SHORE TECHNOLOGIES, INC. FOR 2023 VEGETATION MANAGEMENT WHEREAS,there are approximately 300 city-owned stormwater ponds and best management practices, 115 miles of sewer pipe, and 5300 individual storm structures in the city that make up the publicly-owned stormwater management infrastructure; and WHEREAS,the city is obligated to maintain publicly-owned stormwater management infrastructure; and WHEREAS,vegetation management is an important part of maintaining stormwater infrastructure; and WHEREAS,the city scoped an annual project and developed a set of contract documents that were sent to qualified contractors and received four competitive bids; and WHEREAS,the low bid was selected and funding is available in the Surface Water Utility Fund. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby authorizes entering into a contract with Natural Shore Technologies, Inc. for the 2023 Vegetation Management Contract. PASSED AND ADOPTED by the Chanhassen City Council this 22nd day of May, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 254 FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES_VEGETATION_MANAGEMENT_2023.DOCX 1 NON-BID CONTRACT FOR PURCHASE OF GOODS AND SERVICES AGREEMENT made this 22nd day of May 2023, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and Natural Shore Technologies Inc. a Minnesota Corporation ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Proposal, dated 6th day of April 2023. C. Contractor’s Quote dated 21st day of April 2023. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. CONTRACTOR OBLIGATIONS. The Contractor shall provide the goods, services and perform the work in accordance with the Contract Documents (“Work”). Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the Contract Documents. 3. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 4. COMPENSATION. Contractor shall be paid by the City for the goods and services described in Paragraph 2 in accordance with the Quote, but not to exceed $ 23,500 which is inclusive 255 FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES_VEGETATION_MANAGEMENT_2023.DOCX 2 of reimbursable expenses. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 5. COMPLETION DATE. The Contractor shall complete the Work on or before October 1st, 2022. 6. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Contractor warrants that only new unused materials will be used. The Contractor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty provided by law. 7. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 8. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the Quote provided or negotiated between the parties based on similar work provided in the Proposal. 9. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Compensation or an extension of the Contract. 10. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. 256 FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES_VEGETATION_MANAGEMENT_2023.DOCX 3 12. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 13. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 14. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident 257 FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES_VEGETATION_MANAGEMENT_2023.DOCX 4 The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 15. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 16. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 17. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the 258 FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES_VEGETATION_MANAGEMENT_2023.DOCX 5 provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 21. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 22. RECORDS/AUDIT. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of City and Contractor relevant to the Agreement are subject to examination by City and Contactor, and either the Legislative Auditor or the State Auditor as appropriate. City and Contractor agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 23. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 24. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for goods and services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in this Agreement. 259 FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES_VEGETATION_MANAGEMENT_2023.DOCX 6 Dated:__________________, 20__ CITY OF CHANHASSEN By: Laurie Hokkanen, City Manager By: Elise Ryan, Mayor Dated:__________________, 20__ ___________________________________________ By: Print Name:_________________________________ Its:________________________________________ 260 2023 Stormwater BMP Vegetation Managment Bids Contractor Bid Adjusted Bids Adjustment Natural Shores Technologies Inc 20,000 23,500 changed from 50 to 100 hours of spot treatment Praire Resotration 36,175 36,175 Landbridge 27,755 27,755 Minnesota Native Landscapes 31,335 31,335 261 2023 Stormwater BMP Maintenance General Notes: • Herbicides used must be registered with the Minnesota Department of Agriculture. • Herbicides must be applied by a licensed Commercial Pesticide Applicator. • Additional work must be approved by City Water Resources Engineer prior to start of work. 1. Bandimere Park Pond and Raingardens (8800sq.ft, 3500sq.ft, 5000sq.ft) • Spring mow or weed whip to 6” height • 2 herbicide applications (late spring and fall) • 3 site weeding visits ( handweed/ weed whip) • Remove turfgrass from within raingarden • Volunteer woody treatment and removal 2. Filtration Basin Hwy 5 (3500sq.ft) • spring mow or weed whip to 6” height • 2 herbicide applications (late spring and fall) • 3 site weeding visits (hand weed/ weed whip) 3. Lake Susan Butterfly Garden (L. Susan North Shoreline) (4500sq.ft &40,000 sq.ft) • Spring mow or weed whip to 6” height • 2 herbicide applications (late spring and fall) • 3 site weeding visits (hand weed/ weed whip) 4. Lake Ann Rain Gardens (4) (2900sq.ft, 1600sq.ft, 2200sq.ft, 4200sq.ft) • Spring mow or weed whip to 6” height • 2 herbicide applications (late spring and fall) • 3 site weeding visits (hand weed/ weed whip) • Remove turfgrass from within raingarden 262 5. Lotus Lake Beach (5700sq.ft) • Spring mow or weed whip to 6” height • 2 herbicide applications (late Spring and fall) • 3 site weeding visits (hand weed/ weed whip) 6. Lotus Pond (3500sq.ft) • Spring mow or weed whip to 6” height • 2 herbicide applications (late sping and fall) • 3 site weeding visits (hand weed/ weed whip) • Clear/monitor outlet 7. Minnewashta Manor Biofiltration system (4800sq.ft) • Spring mow or weed whip to 6” height • 2 herbicide applications (late spring and fall) • 3 site weeding visits (handweed/ weed whip) • Remove turfgrass from within raingarden • Volunteer woody treatment and removal 8. Minnewashta Heights Park Raingarden (7500sq.ft) • Spring mow or weed whip to 4” height • 2 herbicide applications (late spring and fall) • 3 site weeding visits (hand weed/ weed whip) • Remove turfgrass from within raingarden 9. Roundhouse Park Raingardens (3) (2100sq.ft, 1600sq.ft, 1700sq.ft) • Spring mow or weed whip to 4” height • 2 herbicide applications (late spring and fall) • 3 site weeding visits (hand weed/ weed whip) • Remove turfgrass from within raingardens 10. Kerber Park Raingardens & Pond Buffer (15,000sq.ft & 20,000sq.ft) • Spring mow or weed whip to 4” height • 2 herbicide applications (late spring and fall) • 3 site weeding visits (hand weed/ weed whip) • Volunteer woody treatment and removal 263 11. Orchard Lane Raingarden (2100sq.ft) • Herbicide applications (late spring and fall) • 3 site weeding visits • Remove turfgrass from within raingarden • Establish approximately 1,000 sq.ft of turf grass along raingarden 12. Sandpiper Trail Filtration Swale • Herbicide applications (late spring and fall) • 3 site weeding visits • Volunteer woody treatment and removal 13. Washta Bay raingarden • Herbicide applications (late spring and fall) • 3 site weeding visits • Volunteer woody treatment and removal 14. Timberwood Estates Filtration basin • Volunteer woody treatment and removal • Herbicide applications (late spring and fall) • Removal of any growth around rip rap aprons. 15. Additional spot treatment as directed by City Staff a. Herbicide application as needed b. Volunteer woody treatment and removal c. Work to be completed as directed by City staff at other sites located in the City of Chanhassen d. Assume 100 hours for the quote set up as an allowance 16. End of year report a. A summary report of the sites maintained the work completed at each site b. Include recommendations for future maintenance of the site for the 2023 season 264 Dear Ryan, April 21, 2023 Thank you for the opportunity to continue working on the City of Chanhassen native planting sites. Please find below a detailed estimate of our maintenance estimates for each site. We can also give you an estimate for supplemental plants for each additional site if needed 2023 Chanhassen Maintenance Quote 1. Bandimere Park Pond and Rain Gardens $2,000 (8800sq.ft, 3500sq.ft, 5000sq.ft) a. Spring mow or weed whip to 6” height b. 2 herbicide applications (late spring and fall) c. 3 site weeding visits (hand weed/ weed-whip) d. Prevent turf grass from entering rain gardens e. Volunteer woody treatment and removal 2. Filtration Basin Hwy 5 (3500sq.ft) $700 a. Spring mow or weed whip to 6” height b. 2 herbicide applications (late spring and fall) c. 3 site weeding visits (hand weed/ weed-whip) 3. Lake Susan Butterfly Garden (L. Susan North Shoreline) (4500sq.ft &40,000 sq. ft.) $1,750 a. Spring mow or weed whip to 6” height b. 2 herbicide applications (late spring and fall) c. 3 site weeding visits (hand weed/ weed-whip) 4. Lake Ann Rain Gardens (4) (2900sq.ft, 1600sq.ft, 2200sq.ft, 4200sq.ft) $1,850 a. Spring mow or weed whip to 6” height b. 2 herbicide applications (late spring and fall) c. 3 site weeding visits (hand weed/ weed-whip) d. Prevent turf grass from entering rain gardens 5. Lotus Lake Beach (5,700 sq. ft.) 1,850 a. Spring mow or weed whip to 6” height b. 2 herbicide applications (late spring and fall) c. 3 site weeding visits (hand weed/ weed-whip) 6. Lotus Wetland (50,000 sq. ft.) $2,000 265 a. Spring mow or weed whip to 6” height b. 2 herbicide applications (late spring and fall) c. 3 site weeding visits (hand weed/ weed-whip) d. Clear/monitor outlet 7. Minnewashta Manor Biofiltration System (4800sq.ft) $1000 a. Spring mow or weed whip to 6” height b. 2 herbicide applications (late spring and fall) c. 3 site weeding visits (hand weed/ weed-whip) d. Prevent turf grass from entering rain gardens e. Volunteer woody treatment and removal 8. Minnewashta Heights Park Rain Garden (7500sq.ft) $400 a. herbicide applications (late spring and fall) b. 3 site weeding visits (hand weed/ weed-whip) c. Prevent turf grass from entering rain gardens 9. Roundhouse Park Rain Gardens (3) (2100sq.ft, 1600sq.ft, 1700sq.ft) $1000 a. Spring mow or weed whip to 4” height b. 2 herbicide applications (late spring and fall) c. 3 site weeding visits (hand weed/ weed-whip) d. Prevent turf grass from entering rain gardens 10. Kerber Park Rain Gardens & Pond Buffer (15,000sq.ft & 20,000 sq. ft) $2000 a. Spring mow or weed whip to 4” height b. 2 herbicide applications (late spring and fall) c. 3 site weeding visits (hand weed/ weed-whip) d. Volunteer woody treatment and removal 11. Orchard Lane Raingarden (2100 sq. ft.) $450 a. Herbicide applications (late spring and fall) b. 3 site weeding visits c. Remove turfgrass from within raingarden d. Establish approximately 1,000 sq. ft. of turf grass along raingarden 12. Sandpiper Trail Filtration Swale (2000 sq. ft.) $400 a. Herbicide applications (late spring and fall) b. 3 site weeding visits c. Volunteer woody treatment and removal 266 13. Washta Bay raingarden (2000 sq. ft.) $400 a. Herbicide applications (late spring and fall) b. 3 site weeding visits c. Volunteer woody treatment and removal 14. Timberwood Estates Filtration basin (2800 sq. ft.) $450 a. Volunteer woody treatment and removal b. Herbicide applications (late spring and fall) c. Removal of any growth around rip rap aprons. 15. Additional spot treatment as directed by City Staff - $3,500 a. Herbicide application as needed b. Volunteer woody treatment and removal c. Work to be completed as directed by City staff at other sites located in the City of Chanhassen d. Assume 50 hours for the quote set up as an allowance 16. End of the season site assessment report for all sites $250 a. A summary report of the sites maintained the work completed at each site b. Include recommendations for future maintenance of the site for the 2023 season 2023 Maintenance, Assessment, and Additional Treatment (50 hrs.) Total: Not to Exceed $20,000 Please call or email me with any question regarding this quote. Thank You, Tracy Lawler Maintenance Coordinator 612-220-4178 Rob Langer Natural Shore Technologies, Inc. 612-703-7581 267 City Council Item May 22, 2023 Item Resolution 2023-XX: Approve Settlement Agreement for Parcel 18 as part of the CSAH 101 Improvement Project File No.ENG 14-08 Item No: D.17 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 approving the Settlement Agreement for Parcel 18 as part of the CSAH 101 Improvement Project." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY As part of the recently completed County Highway 101 project, eminent domain procedures were used on various parcels along the corridor to feasibly allow for the construction of the highway improvements. The project is primarily funded from MnDOT turnback funds, State Bond proceeds, and County sources. The only funding responsibility of the city is for municipal sewer and watermain infrastructure, and therefore this settlement does not involve city funds. Council approval is necessary since we are the lead agency on the project. The city will be paying the settlement and getting reimbursed from the county. Approving the agreement eliminates the need to move forward with District Court proceedings, which would incur additional time, expense, and risk to the ultimate cost of the taking. 268 This is the last parcel needing resolution from the condemnation action. BACKGROUND N/A DISCUSSION N/A BUDGET N/A RECOMMENDATION Staff recommends approval of the Settlement Agreement. ATTACHMENTS Resolution S.A.P. 194-020-014 Right-of-Way Map Highway 101 Settlement Agreement Executed (Parcel 18) 269 A-1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 22, 2023 RESOLUTION NO: 2023-XX MOTION BY: SECONDED BY: RESOLUTION APPROVING A SETTLEMENT AGREEMENT FOR CSAH 101 PARCEL 18 WHEREAS, the City of Chanhassen (“City”), having the power of eminent domain as provided in Minnesota Statutes, Chapter 117, filed a petition in eminent domain proceedings and motion for early transfer of title and possession to acquire various interests in land in the City of Chanhassen for the reconstruction, expansion, and improvement of County State Aid Highway 101 from County State Aid Highway 14 (Pioneer Trail to County State Aid Highway 61 (Flying Cloud Drive) (the “Project”); and WHEREAS, the Petition for the Project was filed on November 18, 2019, as a part of Carver County Court File No. 10-CV-19-1132 (the “Action”); and WHEREAS,to facilitate the Project, the Action included acquiring certain real property interests owned by Donald E. Halla and Halla Family Limited Partnership (the “Owner”) as defined as Parcel 18 within the Action (the “Property”); and WHEREAS, subject to approval by the City Council, representatives of the parties have negotiated a Settlement Agreement, a copyof which is attached hereto as Exhibit A, which resolves all outstanding claims and issues between the parties related to the Property; and WHEREAS, the City Council has fully considered the terms of the Settlement Agreement and has determined that it is in the best interests of the community to approve them as presented. NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are incorporated herein to this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Settlement Agreement is hereby approved by the City Council of the City of Chanhassen. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor, City Manager, and/or the Public Works Director of the City are hereby authorized and directed to execute all appropriate documents and take all necessary actions to facilitate the settlement contemplated herein, with all such actions to be in accordance with the terms and conditions set forth in this Resolutionand the incorporated Settlement Agreement. NOW, THEREFORE, BE IT FINALLY RESOLVED, that the Mayor and City Manager of the City, staff, and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. 270 A-2 PASSED AND ADOPTED by the Chanhassen City Council this 22nd day of May, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT EXHIBIT A The Settlement Agreement 271 272 273 274 275 276 City Council Item May 22, 2023 Item Resolution 2023-XX: Support for Submittal of a Local Partnership Program Funding Application for the MMSW Roundabout File No.N/A Item No: D.18 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 supporting submission of a Local Partnership Program funding application to MnDOT for the Minnetonka Middle School West Roundabout Improvement Project." Motion Type Simple Majority Vote of members present Strategic Priority Financial Sustainability SUMMARY MnDOT's Local Partnership Program (LPP) funding is a critical component of the funding plan for the roundabout project. Applications are due by May 31, 2023, and an official resolution indicating support for the project by the city is needed. The maximum award for any individual project is $1,000,000, which is an increase from the previous maximum of $700,000. There is no guarantee of any award, since this is a competitive solicitation, and the amount awarded can vary. Our application will ask for the maximum award. BACKGROUND The City had successfully won an LPP award back in 2020 for this same project, however, the Minnetonka School District ultimately did not end up supportive of the project and therefore we had to decline the money. After meeting several times with School District staff since that time, they have now 277 shown support for the project and to be a funding partner. This is due to them implementing an on-site parking and loading reconfiguration project that enables the roundabout improvement to function better. Staff is presenting to the School District Board on Thursday, May 25, 2023 to receive official support. Should we be successful with the LPP funding, project implementation could begin which would start with hiring a design consultant. MnDOT has advised us that the likely construction window would be 2025. DISCUSSION N/A BUDGET N/A RECOMMENDATION Staff recommends adoption of the resolution. ATTACHMENTS Fiscal Year 2025 Metro LPP Solicitation Resolution - Support of LPP Application MMSW Roundabout Layout 278 Office of State Aid – Metro District 1500 West County Rd B2 Roseville, MN 55113-3174 Metro Local Partnership Program - Solicitation of Projects 1 Memo Date: April 5, 2023 To: METRO DISTRICT COUNTIES and CITIES From: Phillip Bergem, Justin Attipou and Leah Thornquist Metro State Aid RE: MnDOT Fiscal Year (FY) 2025 (7/1/24 - 6/30/25) Metro Local Partnership Program - Solicitation of Projects MnDOT Metro District will be accepting candidate projects for the FY 2025 Local Partnership Program (LPP; formerly the Metro Cooperative Agreement Program), All candidate project submittals are due by May 31, 2023. The proposed funding currently available for FY 2025 is $4 million. The maximum award available for any individual project is $1,000,000 which can include up to 8% for construction engineering. This solicitation letter is also posted on the Metro State Aid website at: http://www.dot.state.mn.us/metro/stateaid/cooperat.html The Metro District LPP exists to help fund projects that deliver a benefit to both the local community and the trunk highway system. These funds can pay for Trunk Highway eligible construction costs and up to 8% of the construction engineering costs (for inspection, contract administration, surveying and materials testing as applicable, based on eligible costs). The Right of Way, Utility Relocation, Preliminary Design and Final Design costs are not eligible for funding. Metro District's participation in the projects is based on eligibility as determined in MnDOT's Cost Participation Policy, which in turn is based on Minnesota Statutes. This policy and supporting information can be viewed at the following web addresses: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=1459059 http://www.dot.state.mn.us/policy/financial/fm011.html The purpose of the Metro District LPP is to address problems on the Trunk Highway system that are of concern to Local Agencies, but are typically not large-scale or critical enough that they are directly selected as projects in the regular MnDOT Road Program. Selected projects should: • Provide a clear benefit to the Trunk Highway system as well as to the local community • Be developed and administered by the local agency • Have preliminary design, final design, right-of-way and utility relocation costs (as appropriate) paid for by the Local Agency • Be designed to MnDOT Trunk Highway standards 279 Metro Local Partnership Program - Solicitation of Projects 2 Advance planning must occur to ensure that the proposed projects are developed into designs that meet the needs and requirements of all involved parties. Preliminary discussions with the appropriate MnDOT Area Manager or Engineer and the Metro LPP staff are an essential part of this planning. The Municipal Agreement Program – Planning and Programming Guide (Red Book) provides useful information regarding the Local Partnership process and submittal requirements. It is posted on the Metro State Aid website, Cooperative Agreement page: http://www.dot.state.mn.us/metro/stateaid/cooperat.html. That website also has a link to the Plan Preparation, Design and Construction Guide (Green Book) which provides required information needed during the design phase. The anticipated submittal, evaluation and selection process and schedule is: Anticipated Dates • The Local Agency prepares the application submittal package. The contents of the application are identified later in Appendix A. Due date: May 31, 2023 • MnDOT Metro District Functional Areas review the application packets and provide comments to Cooperative Agreement Program staff (June 1 - July 5) LPP staff compiles comments and sends them to Local Agencies Sent out: July 12, 2023 • Local agencies can draft a response to MnDOT review comments or to adjust the submittal packets Returned by July 26, 2023 • Review packets sent to selection committee. (Selection committee typically consists of two representatives from Metro State Aid Cities, a representative from a Metro County and Metro State Aid staff.) • Committee meets, projects selected and announced soon afterwards Late-August 2023 Funds for selected projects will become available July 1, 2024. Projects must be let by June 30, 2025. Attached is a list of what should be included in the proposal packet. Please submit an electronic version of the package or a link on a website to an electronic version. Portable Document Format (.pdf) is preferred. Please submit all application packages to us no later than Wednesday, May 31, 2023. For questions regarding the Local Partnership Program, please contact Leah (leah.thornquist@state.mn.us), Justin (justin.attipou@state.mn.us) or Phil (phillip.bergem@state.mn.us). We look forward to working with you. 280 Fiscal Year 2025 Metro Local Partnership Program A - 1 Appendix A Proposal Packet Requirements Criteria Used in Project Selection The following Criteria will be used for scoring projects and assisting in section by the selection committee. These are, from more important to less important: 1. Local and Regional Priorities 2. Mobility and Access Improvements 3. Safety 4. Infrastructure Condition 5. Project Readiness The following numbered items need to be included in the submittal package. Please submit an electronic version of the package or a link on a website to an electronic version. Portable Document Format (.pdf) is preferred. (If the pdf is 20 MB in size or smaller it can be emailed to us. If you provide a link, confirm that we can access it through the State’s firewall.) The Municipal Agreement Program – Planning and Programming Guide (Red Book) provides useful information regarding the Local Partnership process and submittal requirements. It is posted on the Metro State Aid website, Cooperative Agreement page: http://www.dot.state.mn.us/metro/stateaid/cooperat.html. 1. Request letter from the local agency describing the project and requesting funding from the Local Partnership Program. The request letter should include: o Contact information, name, title, email, phone and address for both the person submitting the application and, if different, the person available to answer any questions about the project o Reasons for the project o A summary of total proposed costs and requested amount of MnDOT funding. (Include all projects planned for the immediate area, including if there are Federal funds that were obtained.) o A written narrative the benefits to the Trunk Highway and local roadway systems. o A brief narrative or overview of how you expect traffic will be handled. (Detour, constructed under traffic, minor impacts and use of Field Manual, etc.) o Whether there is an opportunity to advance the work, if it is possible to leverage local and/or private funding, and other information as applicable This letter will be used as a project summary and quick reference during the actual selection process. 2. A geometric layout or concept sketch of the proposed project. Include only the concept that is being used. There is no need for multiple concept sketches. The more detailed and complete the layout or sketch is, the easier it will be for the review committee to understand the proposed project and related benefits when it comes to ranking proposals. A MnDOT staff approved Layout may be required as part of the project development depending on the type and complexity of project. Layout guidance can be found at 281 A - 2 http://www.dot.state.mn.us/design/geometric/. Consider starting the Layout development process before project selection because of the time required for Layout review and approval. 3. A drawing of the existing conditions. This way the committee can clearly compare the proposed improvements to existing conditions. 4. Cost estimate. This should include the total project cost, including estimated design costs, estimated right- of-way costs, the contribution from any partners, and the amount requested from the LPP. o Make sure that the LPP funds requested adequately cover the Trunk Highway eligible costs. LPP funds are fully allocated during the selection process and providing additional State money later in the project is difficult, if not impossible. o Indicate other funding sources to clearly show that the project is fully funded. o If the project involves signals, include MnDOT’s share of the State Furnished Materials (SFM). 5. Supporting Documentation and Additional Materials Required Elements a. Indicate if right-of-way is expected to be acquired (temporary and permanent) and if any will be passed along to MnDOT. (All R/W acquired by and for MnDOT requires Environmental Due Diligence (EDD) forms to be completed and evaluated during design.) b. Indicate if there will be any excavation deeper than the Class 5. (This determines future involvement of the Environmental Investigative Unit.) c. If you are submitting applications for more than one project, please rank them in order of priority. The preference will be considered but the committee reserves the right to select any project from those submitted regardless of stated ranking. Suggested Elements While these materials are not required for the application, they may help the selection committee understand your project better and increase the likelihood of project selection. Please note that this information may be needed during the design phase if the project is selected. a. Traffic Study (as applicable) b. Intersection Control Evaluation (ICE) report or letter if an all-way stop, signal, or roundabout is proposed c. Environmental studies or documentation, if available, such as the following: i. Contaminated Properties/Regulated Waste Screening Checklist ii. Phase 1 and/or 2 Environmental Site Assessment iii. Clearance Letters from pertinent Regulatory Agencies iv. Project Memo, EA, EAW, etc. as applicable or available at time of submittal Plan review will be completed by MnDOT functional areas (Traffic, Water Resources, etc.) and is different than reviews for State Aid plans. Plans need to be developed to MnDOT standards which are different than State Aid standards. There will be additional coordination with, and input from, various MnDOT groups. Local Agencies are advised to have staff or consultants experienced with MnDOT Trunk Highway projects directly involved with the plan development. Discussion with MnDOT Area Managers or LPP staff will help to minimize surprises during the application and plan development stages. 282 A - 3 For projects that are selected, there are requirements for all plans with Trunk Highway impacts. Discuss these with your design staff or include in your RFP/contract if you are using a consulting firm for design. These requirements are: • Quality Management Process (QMP) – Designers must have quality management procedures that they use during plan development. It does not have to be the same process that MnDOT uses, but it has to follow reasonable quality control guidelines and designers must certify that they are using such a process. A compliance form and more information will be provided during design. Details on MnDOT’s process can be found here: http://www.dot.state.mn.us/design/qmp/index.html • Transportation Management Plan (TMP), if applicable – Projects with significant impacts to Trunk Highway traffic require a TMP that is reviewed and approved by Metro Traffic staff. The complexity of the TMP will depend on the complexity of the project and the level of traffic impact. Contact either the Metro Traffic division or LPP Project Manager for more details. • Electronic as-builts – This is required for certain elements of projects, is an eligible construction cost item, and should be included in the Statement of Estimated Quantities and Special Provisions. • Responsible Contractor provision – This is required by Minnesota Law and Statute for projects over $50,000. • Pedestrian facilities - Guidelines for pedestrian and facilities and the influence of the Americans with Disabilities Act (ADA) provisions continue to be refined. Technical Memoranda No. 18-04-OP-01 provides some additional design requirements. http://techmemos.dot.state.mn.us/techmemo.aspx Local Partnership projects have received added scrutiny regarding Cost Participation Policy eligibility. If a proposed project is of marginal benefit to the Trunk Highway system, it may be necessary to complete a benefit- cost analysis and have it approved by MnDOT staff in order to secure funding. Projects that are selected will be required to furnish: • Cultural and Threatened & Endangered Species Review Request Form: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11152661 • Project schedule - Work with the LPP Project Manager to establish a schedule for the project completion. The Project Manager will discuss with you the various review stages and typical time requirements. 283 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 22, 2023 RESOLUTION NO:2023-XX MOTION BY: SECONDED BY: A RESOLUTION SHOWING SUPPORT FOR INTERSECTION IMPROVEMENTS ALONG TRUNK HIGHWAY 41 AT THE INTERSECTION OF THE ACCESS TO MINNETONKA MIDDLE SCHOOL WEST WHEREAS, the City recognizes the need for traffic and safety improvements at the vehicular entrance to Minnetonka Middle School West; and WHEREAS,on December 30, 2019, the City received a consultant prepared studywith reference to the intersection documenting the issues and recommended improvements; and WHEREAS,the State Legislature authorized a Local Road Improvement Program (LRIP) Funding in the amount of $1,500,000 for the project; and WHEREAS,the Minnetonka School District has expressed their support as a funding partner for the intersection improvement; and WHEREAS, the City desires to submit an application to MnDOT Metro District for Local Partnership Program (LPP) funding assistance for an improvement at the intersection; NOW THEREFORE, BE IT RESOLVED bythe Chanhassen City Council: The City Council supports the construction an intersection improvement along Trunk Highway 41 at the Minnetonka Middle School West and the submittal of a MnDOT Local Partnership Program funding assistance application. Passed and adopted by the Chanhassen City Council this 22nd day of May, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 284 H:\Projects\13000\13378\Design\Layouts\Preliminary\13378_Layout.dwg : LayoutJob 133785/28/2020 - 10:43AMTH 41 and Minnetonka Middle School West Access Concept LayoutProposed Intersection ReconstructionMNDOTFigure 1285 City Council Item May 22, 2023 Item Ordinance XXX: Adopt Amendments to City Code Chapter 7, Buildings and Building Regulations, Chapter 12, Motor Vehicles and Traffic, Chapter 13, Nuisances, Chapter 17, Streets and Sidewalks, and Chapter 19, Water, Sewers and Sewage Disposal File No.Item No: D.19 Agenda Section CONSENT AGENDA Prepared By Erik Henricksen, Project Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts an ordinance amending Chapter 7, Buildings and Building Regulations, Chapter 12, Motor Vehicles and Traffic, Chapter 13, Nuisances, Chapter 17, Streets and Sidewalks, and Chapter 19, Water, Sewers and Sewage Disposal of the Chanhassen City Code; and approves the summary ordinance for publication." Motion Type 4/5 Vote Strategic Priority N/A SUMMARY City staff routinely review the City Code in an effort to identify and correct obsolete, conflicting, confusing, or otherwise problematic provisions. Typically these proposals are fairly technical in nature with a minimal impact to how the City Code actual impacts residents; however, several of the amendments included in this item do impact what is required of property owners. In all cases, staff will note in summary discussions below the nature and impact of the amendment. An issue paper discussing each proposed amendment is attached. Note: None of the amendments required a public hearing as they do not amend Chapter 18 or 20. 286 Approval of the proposed amendments requires a simple majority vote of members present; adoption of the summary ordinance requires a 4/5 vote. BACKGROUND DISCUSSION Section 7-32 Issue Summary: The City Code outlines the requirements for when earthwork permits are required. As outlined in the City’s Local Water Management Plan (LWMP) adopted in December of 2018, it was intended that land disturbing activities of more than 5,000 square feet of disturbance would enact grading and erosion controls. The current code does not include the 5,000 square foot disturbance threshold for triggering grading and erosion controls and does not meet the intent of the adopted LWMP. Recommendation: Staff recommends to require earth work permits for when more than 5,000 square feet of disturbance associated with earth work operations is anticipated. Section 7-45(b) Issue Summary: The City Code restricts the working hours for when earth work operations can be performed under Section 7-45(b). Working hours for certain construction operations in the city are also defined under Sec. 13-52 Hourly Restrictions on Certain Operations. Sec. 13-52 is also being proposed with this Ordinance to be amended to better clarify the language of hourly restrictions on operations as the current code can lead to confusion. Sec. 13-52(d) will outline the operating hours for construction activities in conjunction with new developments and city improvement projects, which are not subject to change with the proposed amendments to Sec. 13-52. The hours of operations outlined by Sec. 13- 52(d) are intended to capture activities on sites where major land disturbing activities are occurring and create reasonable hours of operation to limit the impact to the adjacent communities in which they occur. These operations outlined under Sec. 13-52(d) are similar in nature to earth work operations. Listing the same hours of operations over multiple sections of code creates undue redundancy. Recommendation: Staff recommends to amend Sec. 7-45(b) to reference Sec. 13-52(d) regarding hourly restrictions of earth work operations Section 7-45(d) Issue Summary: The City Code outlines operating standards for the protection of water quality associated with earth 287 work operations. The current code does not correctly reflect the intent of the Minnesota Pollution Control Agency (MPCA) and Federal Environmental Protection Agency (EPA) regulations as referenced, nor the correct term for construction related stormwater (i.e. it is not considered wastewater) or the appropriate best management practices associated with protection of surface waters in conjunction with earth work operations. Recommendation: Staff recommends to reflect the intent of the MPCA and EPA regulations correctly and update language to the correct terminology associated with protection of surface waters in conjunction with earth work operations. Section 7-45(f) Issue Summary: The City Code references that operators working under an earth work permit must comply with the requirements of the watershed in which the property is located. The current language does not adequately reference that these requirements are associated with a watershed management organization (WMO) or watershed district (WD) and not a watershed; a watershed is an area in which all water drains to while a WMO/WD are local units of government that set requirements for operations within their respective watershed. This inadequacy of referencing “watershed” creates unnecessary ambiguity. Recommendation: Staff recommends to more clearly reference that the requirements of a watershed management organization or district must be complied with during earth work operations. Section 12-6 Issue Summary: The City Code grants authority to the City Council, by resolution, to prohibit excessive and specific gross weights of commercial vehicles on city streets. The current language authorizes the city’s maintenance superintendent, which does not exist, as the responsible party for erecting the appropriate signage on streets with weight restrictions. Recommendation: Staff recommends to reference the city’s public works department as the responsible department for erecting weight prohibition signage. Section 12-7(b)(6) Issue Summary: The City Code prohibits truck traffic on city streets except those streets designated as truck routes. Section 12-7(b) provides a list of exemptions from this requirement such as essential services and emergency situations. The current code does not include exemptions for recycling trucks, an essential 288 refuse service. Recommendation: Staff recommends to include recycling trucks as exempt from the provisions under Section 12-7. Section 12-16 Issue Summary: The City Code prohibits on street parking during winter inclement weather months, as well as during certain times at night and early morning during those months, in order to allow for snow removal operations within public rights-of-way. Staff has found that the current language does not adequately address all situations and/or severity of inclement weather to allow for continued winter maintenance of the public streets and/or adequate access for emergency vehicles or equipment. Additionally, the code empowers the incorrect staff in enacting the code or enforcing the violations of the code. Recommendation: Staff recommends to empower the Public Works Director to enact winter parking regulations when determined that the street is not safely passable and also empower the Code Enforcement Specialist in enforcing violations of the code. Section 13-52 Issue Summary: The City Code restricts the hours of operation during certain construction-related operations. Staff has found that the form in which the current code is written can be confusing for residents and contractors conducting construction operations. Additionally, the current language does not provide a means to waive these hourly restrictions under emergency circumstances. Recommendation: Staff recommends to better format the section for clarity and align emergency construction operating procedures to account for waivers from the City Engineer. Section 17-71 Issue Summary: The City Code promulgates the purpose and city’s election to manage rights-of-way within its jurisdiction. The 2040 Comprehensive Plan proclaims the goals and policies to manage the transportation system. One of those general policies is to limit access to collector streets, minor arterials, intermediate arterials, and principal arterials. The current code does not incorporate this 2040 Comprehensive Plan policy. 289 Recommendation: Staff recommends to align code with the adopted 2040 Comprehensive Plan to limit access to collector streets, minor arterials, intermediate arterials and principal arterials. Section 19-17 Issue Summary: The City Code requires the owner or occupant of a property served by the public water supply to provide city personnel access to the property at reasonable times in order to perform inspections in the enforcement of Article 19-II Municipal Water Supply and Distribution System. The current code does not allow access for city personnel if they must maintain or make repair to a portion of the water supply system if the inspection concludes a need as it relates to Article 19-II, e.g. a required repair located on private property that could impact the health and safety of all users served by the public water supply. Recommendation: Staff recommends to permit access for maintenance activities in connection with Article 19-II. Section 19-18(b) Issue Summary: The City Code prohibits the operation of any water control valve installed on the city water supply system other than by authorized personnel as exempted by code. One of these exemptions is for “persons having written approval from the utility superintendent.” This staff position no longer exists and the Public Works Department no longer issues such written approval in order to better protect and control the public water supply. Recommendation: Staff recommends to remove persons having written approval from the utility superintendent to operate water control valves. Section 19-20(b) Issue Summary: The City Code requires that water lateral connection charges be paid by properties that did not contribute to the portion of cost for the construction of the watermain in which they are connecting. The code does not correctly outline how those fees are calculated and where those fees are to be found. Recommendation: Staff recommends to reference lateral connections fees be paid pursuant to the ordinance adopting fees. Section 19-25 Issue Summary: 290 The City Code outlines the responsibility of property owners to maintain portions of their water supply lines which service their property. The current code requires that the service line from the property line (i.e. right-of-way line) to the structure being served, inclusive of the curb box, is the property owner’s responsibility to own and maintain. Staff has found that the requirement to own and maintain the curb box can be difficult for property owners to manage adequately and that a majority of all maintenance activities associated with the curb box ultimately is performed by city personnel: a necessary maintenance activity to provide adequate access to the curb stop which is the valve that turns on and off the water to a structure. Recommendation: Staff recommends to not require property owners to own and maintain the curb box. Section 19-28(a) Issue Summary: The City Code limits the use of the city potable water supply system for lawn and garden sprinkling, irrigation, car washing and other nonpotable uses to an odd-even schedule that corresponds to a property address in an effort to conserve the city’s potable water supply. The current code does not address additional conservation measures regarding irrigation during the hottest parts of the day. Lawn sprinkling and irrigation during the hottest parts of the day reduces the amount of water absorbed by the soil and made available to lawns and plants. This is in part due to evaporation and evapotranspiration. The Environmental Protection Agency states that 50 percent of the water used goes to waste from evaporation, wind, or runoff due to overwatering. Recommendation: Staff recommends to prohibit lawn garden sprinkling and/or irrigation during the hottest parts of the day Section 19-52 Issue Summary: The City Code outlines the responsibility of property owners to maintain portions of their sanitary service lines which service their property. The current code requires that the service line from the property line (i.e. right-of-way line) to the structure being served is the property owner’s responsibility to own and maintain. There are situations where sanitary sewer mains are not constructed in the right- of-way, yet installed either in back yard or side yard utility easements in which the sanitary service line does not cross a property line. The current code does not account for these situations, and it is unclear where the demarcation line is regarding ownership. When these situations are encountered, staff has interpreted the intent of the code and requires property owners to own and maintain the service line from the utility easement line to the structure; the utility easement line acting as the property line and/or right-of-way line. Recommendation: Staff recommends to require ownership and maintenance of a property’s sanitary sewer line from the 291 utility easement to the structure being served when the public sanitary main is not located within the right-of-way. Note: None of the amendments required a public hearing as they do not amend Chapter 18 or 20. Also, approval of the proposed amendments requires a simple majority vote of members present; adoption of the summary ordinance requires a 4/5 vote. BUDGET RECOMMENDATION Staff recommends that the City Council adopt an ordinance to Chapters 7, 12, 13, 17, and 19; and adopt the attached summary ordinance for publication. ATTACHMENTS Omnibus Code Amendments Issue Paper Ordinance XXX - Chapters 7, 12, 13, 17, 19 Summary of Ordinances - Chapters 7, 12, 13, 17, 19 292 OITY O[ OHANHASSIN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM TO:Charles Howley, Public Works Director/City Engineer FRON{: Erik Henricksen. Project Engineer DATE: May 5,2023 SUBJECT: Proposed City Code Amendments to Sections 7-32,7-45(b), 7-45(d),7-45(f),12- 6,12-7(b)(6),12-16,13-52,77-77,19-17,19-18(b), 19-20(b), 19-25,19-28(1.), and 19-52 SECTION 7-32 ISSUE SUN{MARY The City Code outlines the requirements for when earthwork permits are required. As outlined in the City's Local Water Management Plan (LWMP) adopted in December of 2018. it u'as intended that land-disturbing activities of more than 5,000 square feet of disturbance would enact grading and erosion controls. The current code does not include the 5,000-square-foot disturbance threshold for triggering grading and erosion controls and does not meet the intent of the adopted LWMP. Options l. Do nothing. The code will continue to be misaligned with the adopted LWMP. 2. Amend Section 7-32 to require earthrvork permits for when more than 5,000 square feet of disturbance associated with earthwork operations is anticipated. Recommendation Staff recommends Option 2 to require earthwork permits for when more than 5,000 square feet of disturbance associated u,ith earthwork operations is anticipated. The revised ordinance could read as follows: Sec 7-32 Permit Required Except as othenvise provided in this article, it shall be unlawful for anyone to work the earth without having first obtained a written permit from the city authorizingthe same in accordance with this artiole. Active earthwork operations that predate this article that do not have a permit shall cease operations or obtain an earthu,ork permit within six months after the adoption of this PH 952.227.11 00 . www.ci.chanhassen.mn.us . FX 952.227.1110 77OO MARKET BOULEVARD.PO BOX I4T.CHANHASSEN .I'lINNESOTA 55517 293 Charles Howley, Public Works Director/City Engineer May 5,2023 Page2 article. Current permit holders shall come into compliance with the terms of this article no later than the renewal date of such permit holder's earthwork permit. Excavating, mining, filling, and grading permits for more than 5,000 square feet of disturbance or more than 50 cubic yards but less than 1,000 cubic yards of material in a 12-month period may be processed administratively. Excavating, mining, filling, and grading 1,000 cubic yards of material or more in a l2-month period shall be processed in the same manner as an interim use permit. Violations of any written permit condition shall constitute a misdemeanor violation of this chapter. SECTION 7-45G)SUE SUMMARY The City Code restricts the working hours for when earthwork operations can be performed under Section 7-45(b). Working hours for certain construction operations in the city are also defined under Sec. 13-52 Hourly Restrictions on Certain Operations. Sec. 13-52 is also being proposed with this Ordinance to be amended to better clarif, the language of hourly restrictions on operations as the current code can lead to confusion. Sec. 13-52(d) will outline the operating hours for construction activities in conjunction with new developments and city improvement projects, which are not subject to change with the proposed amendments to Sec. 13-52. The hours of operations outlined by Sec. 13-52(d) are intended to capture activities on sites where major land-disturbing activities are occurring and create reasonable hours of operation to limit the impact on the adjacent communities in which they occur. These operations outlined under Sec. 13-52(d) are similar in nature to earthwork operations. Listing the same hours of operations over multiple sections of code creates undue redundancy. Options 1. Do nothing. Redundancy of hourly restrictions on certain operations will remain in the code. 2. Amend Section 7-45(b) to reference Sec. 13-52(d) regarding hourly restrictions of earth work operations. Recommendation Staff recommends Option 2 to amend Sec. 7-45(b) to reference Sec. 13-52(d) regarding hourly restrictions of earthwork operations. The revised ordinance could read as follows: b) Earthwork shall be performed during only those times established by the city council as part of the permit unless other-wise provided in the permit. lf earthwork activities do not require city council approval, earthwork activities shall only be performed in accordance with Sec. 13- s2(d). 294 SECTION 7-45(D.I ISSUE SUMMAAY The City Code outlines operating standards for the protection of water quality associated with earthwork operations. The current code does not correctly reflect the intent of the Minnesota Pollution Control Agency (MPCA) and Federal Environmental Protection Agency (EPA) regulations as referenced, nor the correct term for construction-related stormwater (i.e., it is not considered wastewater) or the appropriate best management practices associated with protection of surface waters in conjunction with earthwork operations. Options 1. Do nothing. Incorrect language referencing operating standards for protection of water quality will remain in code. 2. Amend Section 7-45(d) to reflect the intent of the MPCA and EPA regulations correctly and update language to the correct terminology associated with protection of surface waters in conj unction with earthwork operations. Recommendation Staff recommends Option 2 to reflect the intent of the MPCA and EPA regulations correctly and update language to the correct terminology associated with the protection of surface waters in conjunction with earthwork operations. The revised ordinance could read as follows: d) Operators shall comply with all applicable city, county, state, and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the management of erosion and sediment control. No waste products or process residue shall be deposited in any lake stream or natural drainage system. All wastewater shall pass through a sediment control BMP before discharging offsite. SECTION 7-45$)UE SUMMARY The City Code references that operators working under an earthwork permit must comply with the requirements of the watershed in which the property is located. The current language does not adequately reference that these requirements are associated with a watershed management organization (WMO) or watershed district (WD) and not a watershed; a watershed is an area in which all water drains, while WMOs/I[Ds are local units of government that set requirements for operations within their respective watershed. This inadequacy of referencing "watershed" creates unnecessary ambiguity. Charles Howley, Public Works Director/City Engineer May 5,2023 Page 3 295 Charles Howley, Public Works Director/City Engineer May 5,2023 Page 4 Options 1. Do nothing. The ambiguity of not defining that the requirements needed to be complied with are associated with a watershed management orgarizatron or district will remain. 2. Amend Section 7-45(f) to more clearly reference that the requirements of a watershed management organization or district must be complied with during earthwork operations. Recommendation Staff recommends Option2 to more clearly reference that the requirements of a watershed management organrzation or district must be complied with during earthwork operations. The revised ordinance could read as follows: 0 Operators shall comply with all requirements of the watershed management organrzation/watershed district where the property is located. SECTION 12-6IS SUE SUMMARY The City Code grants authority to the City Council, by resolution, to prohibit excessive and specific gross weights of commercial vehicles on city streets. The current language authorizes the city's maintenance superintendent, which does not exist, as the responsible party for erecting the appropriate signage on streets with weight restrictions. Options 1. Do nothing. The incorrect party authorized to erect weight prohibition signage will continue to be referenced in the code. 2. Amend Section 12-6 to reference the city's public works department as the responsible department for erecting weight prohibition signage. Recommendation Staff recommends Option 2 to reference the city's public works department as the responsible department for erecting weight prohibition signage. The revised ordinance could read as follows Sec 12-6 Commercial Vehicles on Certain Streets The city council by resolution may designate streets on which travel by commercial vehicles in excess of a specific number of pounds gross weight is prohibited. The city's public works department shall erect appropriate signs on such streets. No person shall operate a commercial vehicle on such posted streets in violation of the restrictions stated. 296 Charles Howley, Public Works Director/City Engineer May 5,2023 Page 5 SECTION I2-7BX ISSUE SUMMARY The City Code prohibits truck traffic on city streets except those streets designated as truck routes. Section 12-7@) provides a list of exemptions from this requirement such as essential services and emergency situations. The current code does not include exernptions for recycling trucks, an essential refu se service. Options 1. Do nothing. Recycling trucks would not be exempt from the provisions under Section 12-7. 2. Amend Section 12-7@)(6) to include recycling trucks as exempt from the provisions under Section 12-7. Recommendation Staff recommends Option 2 to include recycling trucks as exempt from the provisions under Section l2-7.The revised ordinance could read: 6) Trucks employed in the removal of rubbish, trash or garbage, recycling, or in the pumping of private sewage disposal systems; SECTION 12-16 ISSUE SUMMARY The City Code prohibits on-street parking during winter inclement weather months, as well as during certain times at night and early moming during those months, in order to allow for snow removal operations within public rights-of-way. Staff has found that the current language does not adequately address all situations and/or severity of inclement weather to allow for continued winter maintenance of the public streets and/or adequate access for emergency vehicles or equipment. Additionally, the code empowers the incorrect staff in enacting the code or enforcing the violations ofthe code. Options 1. Do nothing. The code would not prohibit on-street parking even if maintenance vehicles and/or emergency vehicles or equipment could not safely pass, and continue to empower the incorrect staff in enacting or enforcing the violations of the code. 2. Amend Section 12-16 to empower the Public Works Director to enact winter parking regulations when determined that the street is not safely passable, and empower the Code Enforcement Specialist in enforcing violations of the code. 297 Charles Howley" Public Works Director/City Engineer May 5,2023 Page 6 Recommendation Staff recommends Option 2 to empower the Public Works Director to enact winter parking regulations when determined that the street is not safely passable and also empower the Code Enforcement Specialist in enforcing violations of the code. The revised ordinance could read as follows: Sec 12-16 Winter rkinp Resulations On-street parking is prohibited between November I and April 1 between the hours of 1:00 a.m. and 7:00 a.m. On-street parking is also prohibited when there is two inches or more of snow on a street, the street is not plowed across its full width, or if the city's Public Works Director determines the street is not safely passable by maintenance and/or emergency vehicles or equipment. Representatives of the Carver County Sheriffs Department, Minnesota State Patrol, and Code Enforcement Specialist shall have the authority to impound vehicles in violation of this section. SECTION 13-52 ISSUE SUMMARY The City Code restricts the hours of operation during certain construction-related operations. Staff has found that the form in which the current code is written can be confusing for residents and contractors conducting construction operations. Additionally, the current language does not provide a means to waive these hourly restrictions under emergency circumstances. Options 1. Do nothing. The code will remain in its current format which can lead to confusion, and no waivers of hourly restrictions under emergency circumstances would be allowed. 2. Amend Section 13-52 to better format the section for clarity and align emergency construction operating procedures to account for waivers from the City Engineer. Recommendation Staff recommends Option 2 to better format the section for clarity and align emergency construction operating procedures to account for waivers from the City Engineer. The revised ordinance could read as follows: Sec 13-52 Ho urlv Restriction on Certain Onerations (a) Recreational t,ehicles and snowmobiles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational vehicle not licensed for travel on public highways. 298 Charles Howley, Public Works Director/City Engineer May 5,2023 Page 7 (b) Domestic power equipment. No person shall operate a power lawn mower, powff hedge clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 9:00 p.m. (c) Construction, maintenance, and repair activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, including, but not limited to, the use of any kind of electric, diesel, pneumatic, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day. (d) Construction activities in conjunction with new developments and city improvement projects. Including but not limited to, grading, utility installation and street paving, requiring the use of hear.y equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. (e) Residential construction, repairs, or maintenance, including lawn maintenance, conducted by the homeowner or occupant. These activities shall be permitted between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and public holidays. The use of electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven days of the week. (f) Exceptions. The following uses and activities are exempt from this section as specified below: 1. Snow removal motor vehicles, equipment and operations are exempt from subsections 13-52(b) and (c). 2. Outdoor recreational uses are exempt from subsections l3-52(b) and (c). 3. Parking lot sweeping/cleaning vehicles, equipment, and operations are exempted from subsection 13-52(c). SECTION I7-7I ISSUE SUN{MARY The City Code promulgates the purpose and cit1.'s election to manage rights-of-way within its jurisdiction. The 2040 Comprehensir,e Plan proclaims the goals and policies to manage the transportation system. One of those general policies is to limit access to collector streets, minor arterials, intermediate arlerials, and principal arterials. The current code does not incorporate this 2040 Comprehensive Plan policy. Options 1. Do nothing. The code rvill remain silent regarding the adopted 2040 Comprehensive Plan transportation policy as it pertains to limited access to major streets. 2. Amend Section 17-71 to align code with the adopted 2040 Comprehensive Plan to limit access to collector streets, minor arterials. intermediate arterials, and principal arlerials. 299 Charles Howley, Public Works Director/City Engineer May 5,2023 Page 8 Recommendation Staff recommends Option2 to align the code with the adopted 2040 Comprehensive Plan to limit access to collector streets, minor arterials, intermediate arterials, and principal arterials. The revised ordinance could read as follows: Sec 17-71 Eiutliurgs, Purpose and Election to Manase the Public Rishts-of-Way (a) To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way,the city strives to keep its rights-of-way in a state of good repair and free from un-necessary encumbrances. (b) To create a transportation system that permits safe, efficient, and effective movement ofpeople and goods, the city shall limit access to collector streets, minor arterials, intermediate arterials, and principal arterials. (c) Accordingly, the city hereby enacts this new article of this Code relating to righfof-way permits and administration. This article imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this article, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this article provides for recovery of out- of-pocket and projected costs from persons using the public rights-of-way. (d) This article shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in M.S. $$ 237.16, 237 .162,237 .163,237 .79,231 .81, and 238.086 (the "Act"), and2017 Session Laws, Chapter 94, and subsequent legislative amendments to the Act, and the other laws governing applicable rights of the city and users of the right-of-way, as amended. This article shall also be interpreted consistent with Minnesota Rules 7819.0050- 1819.9950 and Minnesota Rules Chapter 7560 and subsequent amendments thereto where possible. Those laws and rules are hereby adopted by reference, and to the extent any provision of this article cannot be interpreted consistently with the Act or Minnesota Rules, that interpretation most consistent with applicable statutory and case law is intended. This article shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. (e) Pursuant to the authority granted to the city under state and federal statutory, administrative, and common law, the city hereby elects to manage rights-of-way within its jurisdiction. SECTION 19-17 ISSUE SUMMARY The City Code requires the owner or occupant of a property served by the public water supply to provide city personnel access to the property at reasonable times in order to perform inspections in the enforcement of Article 19-II Municipal Water Supply and Distribution System. The current code does not allow access for city personnel if they must maintain or make repairs to a portion of the water supply system if the inspection concludes a need as it relates to Article 19-II, e.g. a required 300 Charles Howley, Public Works Director/City Engineer May 5,2023 Page 9 repair located on private property that could impact the health and safety of all users served by the public water supply. Options 1. Do nothing. The code will allow for access for inspections only and not for maintenance activities in connection with Article 19-II. 2. Amend Section 19-17 to permit access for maintenance activities in connection with Article 19-II. Recommendation Staff recommends Option 2 to permit access for maintenance activities in connection with Article 19-II. The revised ordinance could read as follows: Sec 19-17 To Premises The owner or occupant of premises served by the water supply system shall give city personnel access to the premises at reasonable times for the purpose of making inspections andlor performing maintenance in connection with the enforcement of this article. SECTION 19-18G) ISSUE SUMMARY The City Code prohibits the operation of any water control valve installed on the city water supply system other than by authorized personnel as exempted by code. One of these exernptions is for "persons having written approval from the utility superintendent." This staff position no longer exists and the Public Works Department no longer issues such written approval in order to better protect and control the public water supply. Options 1. Do nothing. The code will not align with current practices in controlling the city's water supply systern and reference incorrectly the staff authorizedto issue written approvals to operate water control valves. 2. Amend Section 19-18(b) to remove persons having written approval from the utility superintendent to operate water control valves. Recommendation Staff recommends Option2 to remove persons having written approval from the utility superintendent to operate water control valves. The revised ordinance could read as follows 301 Charles Howley, Public Works Director/City Engineer May 5,2023 Page 10 (b) It is unlawful for any person, firm, or corporation to turn on or off any water control valve installed on the city water supply system on city property, righfof-way, or easement. This includes, but is not limited to, all fire hydrants, water main control valves, water service control valves for industrial and commercial properties and curb stops for residential water services. The following are exempted by this prohibition: (1) City employees that are authorized to maintain the city water distribution system, or who have administrative approval. (2) Emergency personnel affiliated with the city for use in emergency situations. This includes the fire department. (3) Plumbers may turn on water service control valves and curb stops located on private property after the water meter is installed. SECTION 19-20(8) ISSUE SUMMI\RY The City Code requires that water lateral connection charges be paid by properties that did not contribute to the portion of cost for the construction of the water main in which they are connecting. The code does not correctly outline how those fees are calculated and where those fees are to be found. Options 1. Do nothing. The incorrect reference of how the lateral connection charge fees are calculated and where they are found will remain. 2. Amend Section 19-20(b) to reference lateral connections fees be paid pursuant to the ordinance adopting fees. Recommendation Staff recommends Option2 to reference lateral connections fees be paid pursuant to the ordinance adopting fees. The revised ordinance could read as follows: (b) The applicant shall pay a lateral connection fee that is just and equitable in an amount established pursuant to the ordinance adopting fees. SECTION 19.25 SUE SUMMARY The City Code outlines the responsibility of property owners to maintain portions of their water supply lines that service their property. The current code requires that the service line from the property line (i.e., right-of-way line) to the structure being served, inclusive of the curb box, is the property owner's responsibility to own and maintain. Staff has found that the requirement to own and maintain the curb box can be difficult for property owners to manage adequately and that a majority of all maintenance activities associated with the curb box ultimately is performed by city 302 Charles Howley, Public Works Director/City Engineer May 5,2023 Page I I personnel: a necessary maintenance activity to provide adequate access to the curb stop which is the valve that turns on and off the water to a strucfure. Options 1. Do nothing. Property owners will continue to be responsible for owning and maintaining the curb box. 2. Amend Section 19-25 to not require property owners to own and maintain the curb box. Recommendation Staff recommends Option 2 to not require property owners to own and maintain the curb box. The revised ordinance could read as follows: Sec 19-25 Service Lines It sliall be the responsibility of the property owner to maintain the sen'ice line from the curb stop to the structure being serr,ed. In case of failure on the part of any consumer or owner to repair any leak occurring in the sen ice line from the curb stop to the structure being sen ed within 24 hours after oral or written notice has been given such indi'n idual, the u,ater shall be shut off until the line is repaired. The ou,ner sha1l be responsible for ensuring that the curb box is straight and keyable at all times so that sections of the city system do not har,'e to shut dorvn for private system repairs. SECTION 19-28(4) ISSUE SUMMARY The City Code limits the use of the city potable water supply system for lawn and garden sprinkling, irrigation, car washing, and other non-potable uses to an odd-even schedule that corresponds to a property address in an effort to conserve the ci[,'s potable water supply. The current code does not address additional conservation measures regarding irrigation during the hottest parts of the day. Lawn sprinkling and irrigation during the hottest parts of the day reduce the amount of water absorbed by the soil and made available to lawns and plants. This is in part due to evaporation and evapotranspiration. The Environmental Protection Agency states that 50 percent of the water used goes to waste from evaporation, wind, or runoff due to overwatering. Options 1. Do nothing. Limits on non-potable uses of the city potable water supply system for lawn and garden sprinkling and/or irrigation will not account for water loss due to these activities being performed during the hottest parts of the day. 2. Amcnd Section l9-28(a) to prohibit lawn garden sprinkling and/or irrigation during the hottest parts of the day. 303 Charles Howley, Public Works Director/City Engineer May 5,2023 Page 12 Recommendation Staff recommends Option 2 to prohibit lawn garden sprinkling ardlor irrigation during the hottest parts of the day. The revised ordinance could read as follows: (a) Use of the city water supply system for lawn and garden sprinkling, irrigation, car washing, or other non-potable uses shall be limited to an odd-even schedule corresponding to property address, effective each year from May 1 to September 30. Furthermore, the use of the city water supply system for lawn and garden sprinkling andlor irrigation shall be prohibited between the hours of 10:00 a.m. and 5:00 p.m. Whenever the city council or, on a temporary basis, the public works director andlor the city manager or city manager's designee, shall determine that a shortage of the water supply threatens the city, they may further limit the days and hours during which water may be used from the city water supply system. Special permit consideration will be given for those property owners with new seed or sod if in the opinion of the public works director sufficient water for such permits is available. SECTION 19-52 ISSUE SUMMARY The City Code outlines the responsibility of properly owners to maintain portions of their sanitary service lines which service their property. The current code requires that the service line from the property line (i.e., right-of-way line) to the structure being served is the property owner's responsibility to own and maintain. There are sifuations where sanitary sewer mains are not constructed in the right-of-way, yet installed either in back yard or side yard utility easements in which the sanitary service line does not cross a property line. The current code does not account for these situations, and it is unclear where the demarcation line is regarding ownership. When these situations are encountered, staff has interpreted the intent of the code and requires property owners to own and maintain the service line from the utility easement line to the structure;the utility easement line acting as the property line and/or right-of-way line. Options 1. Do nothing. Ownership of the sanitary service line that does not cross a property line will remain unclear. 2. Amend Section 19-52 to require a property owner to own and maintain a property's sanitary sewer line from the utility easement to the structure being served when the public sanitary main is not located within the right-of-way. 304 Charles Howley, Public Works Director/City Engineer May 5,2023 Page 13 Recommendation Staff recommends Option2 to require ownership and maintenance of a property's sanitary sewer line from the utility easement to the structure being served when the public sanitary main is not located within the right-of-way. The revised ordinance could read as follows: Sec 19-52 Service Lines It shall be the responsibility of the property owner to maintain the service line from the property line to the structure being served. In the case where the service line is connected to the public sanitary main located in a public drainage and utility easement, the property owner shall maintain the service line from the public drainage and utility easement line to the structure being served. In case of failure on the part of any owner to repair any leak occurring in the service line within 24 hours after oral or written notice has been given, the city may repair the leak and bill the property owner for the work and time incurred on the repair. 305 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.XXX AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, CHAPTER 13, NUISANCES, CHAPTER 17, STREETS AND SIDEWALKS, AND CHAPTER 19, WATER, SEWERS AND SEWAGE DISPOSAL OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1.Section 7-32 of the Chanhassen City Code is amended to read as follows: Sec 7-32 Permit Required Except as otherwise provided in this article, it shall be unlawful for anyone to work the earth without having first obtained a written permit from the city authorizing the same in accordance with this article. Active earth work operations that predate this article that do not have a permit shall cease operations or obtain an earth work permit within six months after the adoption of this article. Current permit holders shall come into compliance with the terms of this article no later than the renewal date of such permit holder's earth work permit. Excavating, mining, filling and grading permits for more than 5,000 square feet of disturbance or more than 50 cubic yards, but less than 1,000 cubic yards of material in a 12-month period may be processed administratively. Excavating, mining, filling, and grading of 1,000 cubic yards of material or more in a 12-month period shall be processed in the same manner as an interim use permit. Violations of any written permit condition shall constitute a misdemeanor violation of this chapter. Section 2.Section 7-45(b) of the Chanhassen City Code is amended to read as follows: (b) Earth work shall be performed during only those times established by the city council as part of the permit. If earth work activities do not require city council approval, earth work activities shall only be performed in accordance with Sec. 13-52(d). Section 3.Section 7-45(d) of the Chanhassen City Code is amended to read as follows: (d) Operators shall comply with all applicable city, county, state and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the management of erosion and sediment control. No waste products or process residue shall be deposited in any lake stream or natural drainage system. All surface water shall pass through a sediment control BMP before discharging offsite. Section 4.Section 7-45(f) of the Chanhassen City Code is amended to read as follows: (f) Operators shall comply with all requirements of the watershed management organization/watershed district where the property is located. 306 2 Section 5.Section 12-6 of the Chanhassen City Code is amended to read as follows: Sec 12-6 Commercial Vehicles On Certain Streets The city council by resolution may designate streets on which travel by commercial vehicles in excess of a specific number of pounds gross weight is prohibited. The city’s public works department shall erect appropriate signs on such streets. No person shall operate a commercial vehicle on such posted streets in violation of the restrictions stated. Section 6.Section 12-7(b)(6) of the Chanhassen City Code is amended to read as follows: (6) Trucks employed in the removal of rubbish, trash or garbage, recycling, or in the pumping of private sewage disposal systems; Section 7.Section 12-16 of the Chanhassen City Code is amended to read as follows: Sec 12-16 Winter Parking Regulations On street parking is prohibited between November 1 and April 1 between the hours of 1:00 a.m. and 7:00 a.m. On-street parking is also prohibited when there is either two inches or more of snow on a street, the street is not plowed across its full width, or if the city’s Public Works Director determines the street is not safely passable by maintenance and/or emergency vehicles or equipment. Representatives of the Carver County Sheriff's Department, Minnesota State Patrol, and Code Enforcement Specialist shall have the authority to impound vehicles in violation of this section. Section 8.Section 13-52 of the Chanhassen City Code is amended to read as follows: Sec 13-52 Hourly Restriction On Certain Operations (a)Recreational vehicles and snowmobiles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational vehicle not licensed for travel on public highways. (b)Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 9:00 p.m. (c)Construction, maintenance and repair activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, including, but not limited to, the use of any kind of electric, diesel, pneumatic, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: New Year's Day, Memorial 307 3 Day, Independence Day, Labor Day, Thanksgiving Day Christmas Eve Day, and Christmas Day. (d)Construction activities in conjunction with new developments and city improvement projects. Including but not limited to, grading, utility installation and street paving, requiring the use of heavy equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. (e)Residential construction, repairs or maintenance, including lawn maintenance, conducted by the homeowner or occupant. These activities shall be permitted between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and public holidays. The use of electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven days of the week. (f)Exceptions. The following uses and activities are exempt from this section as specified below: 1. Snow removal motor vehicles, equipment and operations are exempt from subsections 13-52(b) and (c). 2. Outdoor recreational uses are exempt from subsections 13-52(b) and (c). 3. Parking lot sweeping/cleaning vehicles, equipment, and operations are exempted from subsection 13-52(c). Section 9.Section 17-71 of the Chanhassen City Code is amended to read as follows: Sec 17-71 Findings, Purpose and Election To Manage The Public Rights-Of-Way (a) To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. (b) To create a transportation system which permits safe, efficient, and effective movement of people and goods, the city shall limit access to collector streets, minor arterials, intermediate arterials and principal arterials. (c) Accordingly, the city hereby enacts this new article of this Code relating to right-of- way permits and administration. This article imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this article, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this article provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. (d) This article shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act"), and 2017 Session Laws, Chapter 94, and subsequent legislative amendments 308 4 to the Act, and the other laws governing applicable rights of the city and users of the right-of-way, as amended. This article shall also be interpreted consistent with Minnesota Rules 7819.0050—7819.9950 and Minnesota Rules Chapter 7560 and subsequent amendments thereto where possible. Those laws and rules are hereby adopted by reference, and to the extent any provision of this article cannot be interpreted consistently with the Act or Minnesota Rules, that interpretation most consistent with applicable statutory and case law is intended. This article shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. (e) Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects to manage rights-of-way within its jurisdiction. Section 10.Section 19-17 of the Chanhassen City Code is amended to read as follows: Sec 19-17 Access To Premises The owner or occupant of premises served by the water supply system shall give city personnel access to the premises at reasonable times for the purpose of making inspections and/or performing maintenance in connection with the enforcement of this article. Section 11.Section 19-18(b) of the Chanhassen City Code is amended to read as follows: (b) It is unlawful for any person, firm, or corporation to turn on or off any water control valve installed on the city water supply system on city property, right-of-way, or easement. This includes, but is not limited to, all fire hydrants, water main control valves, water service control valves for industrial and commercial properties and curb stops for residential water services. The following are exempted by this prohibition: (1) City employees that are authorized to maintain the city water distribution system, or who have administrative approval. (2) Emergency personnel affiliated with the city for use in emergency situations. This includes the fire department. (3) Plumbers may turn on water service control valves and curb stops located on private property after the water meter is installed. Section 12.Section 19-20(b) of the Chanhassen City Code is amended to read as follows: (b) The applicant shall pay a lateral connection fee that is just and equitable in an amount established pursuant to the ordinance adopting fees. Section 13.Section 19-25 of the Chanhassen City Code is amended to read as follows: Sec 19-25 Service Lines It shall be the responsibility of the property owner to maintain the service line from the curb stop to the structure being served. In case of failure on the part of any consumer or 309 5 owner to repair any leak occurring in the service line from the curb stop to the structure being served within 24 hours after oral or written notice has been given such individual, the water shall be shut off until the line is repaired. The owner shall be responsible for ensuring that the curb box is straight and keyable at all times so that sections of the city system do not have to shut down for private system repairs. Section 14.Section 19-28(a) of the Chanhassen City Code is amended to read as follows: (a) Use of the city water supply system for lawn and garden sprinkling, irrigation, car washing or other nonpotable uses shall be limited to an odd-even schedule corresponding to property address, effective each year from May 1 to September 30. Furthermore, the use of the city water supply system for lawn and garden sprinkling and/or irrigation shall be prohibited between the hours of 10:00 a.m. and 5:00 p.m. Whenever the city council or, on a temporary basis, the public works director and/or the city manager or city manager's designee, shall determine that a shortage of the water supply threatens the city, they may further limit the days and hours during which water may be used from the city water supply system. Special permit consideration will be given for those property owners with new seed or sod if in the opinion of the public works director sufficient water for such permits is available. Section 15.Section 19-52 of the Chanhassen City Code is amended to read as follows: Sec 19-52 Service Lines It shall be the responsibility of the property owner to maintain the service line from the property line to the structure being served. In the case where the service line is connected to the public sanitary main located in a public drainage and utility easement, the property owner shall maintain the service line from the public drainage and utility easement line to the structure being served. In case of failure on the part of any owner to repair any leak occurring in the service line within 24 hours after oral or written notice has been given, the city may repair the leak and bill the property owner for the work and time incurred on the repair. Section 16. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 22nd day of May, 2023 by the City Council of the City of Chanhassen, Minnesota. Laurie Hokkanen, City Manager Elise Ryan, Mayor (Summary Ordinance XXX published in the Chanhassen Villager on [Insert Date]) 310 6 311 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO.XXX AN ORDINANCE AMENDING CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, CHAPTER 13, NUISANCES, CHAPTER 17, STREETS AND SIDEWALKS, AND CHAPTER 19, WATER, SEWERS AND SEWAGE DISPOSAL OF THE CHANHASSEN CITY CODE The purpose of these Code amendments are as follows: Amend Section 7-32 to stipulate a minimum amount of disturbance requiring a permit. Amend Section 7-45(b) to reference Sec. 13-52(d) regarding hours of operation. Amend Section 7-45(d) to clarify the intent of compliance with erosion and sediment control requirements. Amend Section 7-45(f) to clarify the organization in which compliance shall be had with. Amend Section 12-6 to clarify which department is responsible for erecting signage. Amend Section 12-7(b)(6) to add recycling trucks as an exemption. Amend Section 12-16 to authorize the Public Works Director in prohibiting on street parking due to inclement winter weather conditions and empower Code Enforcement Specialist to enforce. Amend Section 13-52 to add Christmas Eve Day to the list of public holidays, to allow exemptions from hourly restrictions under emergency conditions, and to eliminate excavation/grading as an exception. Amend Section 17-71 to limit access to collector streets in accordance with the 2040 Comprehensive Plan. Amend Section 19-17 to allow city personnel access to premises to perform maintenance in connection with the enforcement of Chapter 19 Article II. Amend Section 19-18(b) to eliminate the exemption of persons having written approval from the utility superintendent to operate water control valves on city property. Amend Section 19-20(b) to reference fees pursuant to the ordinance adopting fees. Amend Section 19-25 to eliminate the curb box as the responsibility of the property owner. 312 Amend Section 19-28(a) to stipulate restrictions of water use for lawn irrigation between certain hours of the day. Amend Section 19-52 to clarify ownership of service lines where the sanitary main is located in a public drainage and utility easement. A printed copy of Ordinance No.XXX is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 22nd day of May, 2023, by the City Council of the City of Chanhassen. (Publish in the Chanhassen Villager on [insert date]) 313 City Council Item May 22, 2023 Item State of the Library - Patrick Jones File No.Item No: E.1 Agenda Section VISITOR PRESENTATIONS 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 2023 State of the Library Presentation 314 Public Services –Library Carver County Library Chanhassen Branch Swap out Picture for Branch Location 315 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 316 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 317 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 1,062,652 Checkouts in 2022 318 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library •Returned to in person programming •26.4% increase in eBook/eAudio checkouts •Collaborated with Carver County Health and Human Services •Charles Dahlke Grants •New Intergenerational Services Team •New 5-Year Strategic Plan 319 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 1.Create a welcoming and accessible environment for all. 2.Strive to provide an enriching, inclusive, and safe library experience. 3.Maintain a well-trained and skilled staff. 4.Provide resources reflecting our communities and diverse points of view. 5.Be an engaged partner in our communities. 6.Be inspiring and innovative. 7.Promote the joy of reading and lifelong learning. 8.Reach out to underserved communities. 9.Be good stewards of resources we receive. 10.Present enriching events and programs. 320 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Adult Print, 115,726, 30% Adult Media, 27,970, 7% Child Print, 222,997, 57% Child Media, 13,653, 3% Teen Print, 11,038, 3%Teen Media, 133, 0% Other, 764, 0% Chanhassen Circulation 2022 321 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 322 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 323 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 324 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 325 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 326 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 327 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 328 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 329 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 330 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 331 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 332 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 333 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 334 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 335 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 336 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 337 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 338 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 339 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 340 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 341 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library 342 C A R V E R C O U N T Y C A R V E R C O U N T Y Public Services –Library Contact us… Jodi Edstrom Interim Director, Carver County Library jedstrom@co.carver.mn.us Patrick Jones Branch manager, Chanhassen pjones@co.carver.mn.us 343 City Council Item May 22, 2023 Item Resolution 2023-XX: Accept the Bids and Award the Contract for the 2023 Mill & Overlay Project; and Resolution 2023-XX: Adopt Final Assessment Roll File No.ENG Project No. 23-04 CIP No. ST-012 Item No: F.1 Agenda Section PUBLIC HEARINGS Prepared By Erik Henricksen, Project Engineer Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council adopts a resolution accepting the bids and awarding the contract, and also adopts a resolution adopting the assessment roll for the 2023 Mill & Overlay Project No 23-04." Motion Type 4/5 Vote Strategic Priority Asset Management SUMMARY Conduct Public (Assessment) Hearing for the 2023 Mill & Overlay Project No. 23-04. Adopt the final assessment roll for the project. Accept the bids and award the project to Northwest Asphalt. 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 to be rehabilitated. Key dates and items relative to this project: On January 23, 2023, the City Council accepted the feasibility study and called for a Public 344 Hearing on February 13, 2023. On February 1, 2023, the Engineering Department hosted an open house meeting relative to all project areas. No property owners from the 23-04 project areas attended. 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. On March 20, 2023, the City Council approved the Plans and Specifications for the project and authorized the publication of the Advertisement for Bids. On April 21, 2023, the Engineering Department conducted a bid opening for the project. On May 2, 2023, the Engineering Department hosted an open house meeting relative to all project areas. One property owner from the Sunridge Court project area attended. They were informed of the increase to the assessment amount and the reason for the increase and expressed their support for the project. On May 8, 2023, the City Council called for a Public Hearing (known as the Assessment Hearing) on May 22, 2023 The mailings, notices, publications and associated Affidavits can be found in the Communication Packet attached to this report. DISCUSSION The approved plans and specifications were bid on April 21, 2023. Five responsive bids were received from contractors which ranged from $146,914.37 to $198,498.30. Staff concluded that the bids received are a good value for the current market. The bid included the following neighborhood areas: Creekwood Drive, Oakside Circle, and Sunridge Court. There is no utility work proposed for these mill and overlay areas. The bids received from the contractors are as follows: Contractor Bid Amount Northwest Asphalt Inc.$146,914.37 Bituminous Roadways, Inc.$155,555.00 GMH Asphalt, Corp.$167,156.00 Valley Paving, Inc.$174,609.10 Park Construction Co.$198,498.30 *Engineer's Estimate $142,240.00 * The Engineer's Estimate is included in the table above for reference only. 345 The special assessment amounts for each neighborhood area associated with the project are as follows: Neighborhood Project Area Preliminary Assessment Amount Final Assessment Amount Change Creekwood Drive (250363600)$49.49 $38.76 - $10.73 Creekwood Drive (250260800, 250261400, etc.)$9,590.51 $7,511.51 - $2,079.00 Oakside Circle area $2,960.00 $4,281.44 + $1,321.44 Sunridge Court Area $3,864.00 $5,070.74 + $1,206.74 The assessment amounts for the Oakside Circle and Sunridge Court areas increased by $1,321.44 and $1,206.74, respectively, due to the need to increase the scope of the feasibility study analysis. Originally these areas were analyzed with a two-inch mill and overlay technique; however, after additional geotechnical explorations were conducted it was determined that a full-depth mill and overlay method was required given the existing condition and pavement structure discovered with the bituminous core information reviewed in the report. As noted in the Background section of this report, no property owners attended the open house on February 1st, and one property owner from the Sunridge Court project area attended the open house on May 2nd. They were informed of the increase to the assessment amounts due to the required change from a two-inch mill and overlay to a full-depth mill and overlay and were in support of the project. The mailings, notices, publications and associated Affidavits can be found in the Communication Packet attached to this report. SCHEDULE The remaining schedule for the project is as follows: Task Date Conduct Public (Assessment) Hearing and Award Project May 22, 2023 Begin Construction Late May 2023 Substantial Completion October 2023 Final Completion November 2023 BUDGET This project is part of the overall project budget for the 2023 Street Improvements, which is shown in the table below. The 23-01 project came in well under budget, and therefore both projects can be completed within the established budget. 346 PMP (Street) Budget 23-01 PMP Bid Amount (with Engineering) 23-04 PMP Bid Amount 2023 Grand Total PMP Bid Amounts $4,630,000 $3,872,389.44 $146,914.37 $4,019,303.81 RECOMMENDATION The project is within budget and the final assessment amounts are within the standard range the city typically sees in association with the smaller and less dense neighborhood areas along all project areas are reasonable for the work being specified. Staff recommends the City Council adopt the resolution accepting the bids and awarding a contract to Northwest Asphalt. Staff also recommends the City Council adopt the resolution adopting the final assessment roll for the 2023 Mill & Overlay Project No. 23-04. ATTACHMENTS Resolution Accepting Bids and Awarding Contract 23-04 Resolution Adopting Assessment Roll 23-04 23-04 Final Assessment Roll 23-04 Form of Agreement Assessment Policy Project Budget (CIP_ST-012-2023) 5-Year Street CIP Map (2023-2027) 23-04 Communication Packet 347 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 22, 2023 RESOLUTION NO:2023-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR THE 2023 MILL & OVERLAY PROJECT NO. 23-04 WHEREAS,pursuant to an advertisement for bids for Project No. 23-04 (2023 Mill & Overlay Project), bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Bid Amount Northwest Asphalt Inc.$146,914.37 Bituminous Roadways, Inc.$155,555.00 GMH Asphalt Corp.$167,156.00 Valley Paving, Inc.$174,609.10 Park Construction Co.$198,498.30 WHEREAS,Northwest Asphalt, Inc. is the lowest responsible bidder with a total bid amount to be awarded of $146,914.37. NOW, THEREFORE, BE IT RESOLVED bythe Chanhassen City Council: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Northwest Asphalt, Inc. in the name of the City of Chanhassen for the 2023Mill & OverlayProject No. 23-04 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. PASSED AND ADOPTED by the Chanhassen City Council this 22nd day of May, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 348 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 22, 2023 RESOLUTION NO:2023-XX MOTION BY: SECONDED BY: A RESOLUTION ADOPTING ASSESSMENT ROLL FOR THE 2023 MILL & OVERLAY PROJECT NO. 23-04 WHEREAS,pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of the project area contained within the: 2023Mill & Overlay Project NOW, THEREFORE, BE IT RESOLVED by the City Council of Chanhassen, Minnesota: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Assessments under $500.00 shall be payable in equal installments extending over a period of one (1) year, assessment under $5,000.00 shall be payable in equal annual installments extending over a period of eight (8) years, and assessments over $5,000.00 shall be payable in equal annual installments extending over a period of ten (10) years. The first of the installments to be payable on or before the first Monday in January, 2024, and shall bear interest at the rate of 4.5percent (4.5%) per annum. This assessment will appear on the first property tax statement for 2024. To the first installment shall be added interest on the entire assessment from November 23, 2023until December 31, 2024. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the assessment is paid by November 22, 2023; and the owner may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. If the property owner decides not to prepay the assessment before the date given above, the rate of interest that will apply shall be 4.5 percent (4.5%) per year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 349 2 PASSED AND ADOPTED by the Chanhassen City Council this 22nd day of May, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 350 ASSMT UNIT STREET ASSMT 1 Jeffrey W & Gail H Moody 1800 Sunridge Court Chanhassen, MN 55317 1800 Sunridge Court Chanhassen, MN 55317 258260010 1 5,070.74$ 2 Alecia Breeggemann 1751 Sunridge Court Chanhassen, MN 55317 1751 Sunridge Court Chanhassen, MN 55317 258080030 1 5,070.74$ 3 Chris B & Leslie J Erickson 1831 Sunridge Court Chanhassen, MN 55317 1831 Sunridge Court Chanhassen, MN 55317 258080040 1 5,070.74$ 4 Daryl W & Catherine M Hartsel 1851 Sunridge Court Chanhassen, MN 55317 1851 Sunridge Court Chanhassen, MN 55317 258080051 1 5,070.74$ 5 Daniel K & Robin L Edmunds 1861 Sunridge Court Chanhassen, MN 55317 1861 Sunridge Court Chanhassen, MN 55317 258080050 1 5,070.74$ 1 Jayme D & Carol R Lee 1380 Oakside Circle Chanhassen, MN 55317 1380 Oakside Circle Chanhassen, MN 55317 253530030 1 4,281.43$ 2 John E & Brenda L Hill 1360 Oakside Circle Chanhassen, MN 55317 1360 Oakside Circle Chanhassen, MN 55317 253530040 1 4,281.43$ 3 Craig J Peterson 1340 Oakside Circle Chanhassen, MN 55317 1340 Oakside Circle Chanhassen, MN 55317 253530050 1 4,281.43$ 4 James Svoboda 1300 Oakside Circle Chanhassen, MN 55317 1300 Oakside Circle Chanhassen, MN 55317 253530070 1 4,281.43$ 1 James W Sabinske 775 Creekwood Chaska, MN 55318 775 Creekwood Chanhassen, MN 55318 250363600 0.005 37.75$ By area (1.17 acres) 2 Bluff Creek Golf Assoc.PO Box 1060 Chanhassen, MN 55317 1025 Creekwood Drive Chanhassen, MN 55318 250260800 0.864 6,523.44$ By area (196.99 acres) 3 Bluff Creek Golf Assoc.PO Box 1060 Chanhassen, MN 55318 1026 Creekwood Drive Chanhassen, MN 55318 250261400 0.124 936.23$ By area (28.28 acres) 4 Bluff Creek Golf Assoc.PO Box 1060 Chanhassen, MN 55319 1027 Creekwood Drive Chanhassen, MN 55318 250261300 0.007 52.85$ By area (1.47 acres) NOTES Sunridge Court Oakside Circle Creekwood Drive STREET ASSESSMENT P.I.D.PROPERTY ADDRESSOWNER ADDRESSOWNERPROP. NO. 351 1 175881v1 FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR FOR 2023 MILL & OVERLAY PROJECT #23-04 THIS AGREEMENT, made this 22nd day of May, 2023, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“Owner”) and NORTHWEST ASPHALT, INC. (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1.CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A.This Agreement; B.Specifications dated March 20, 2023; C.City of Chanhassen General Conditions of the Construction Contract; D.Current edition of City of Chanhassen Standard Specifications & Detail Plates. E.Quote/Bid dated April 21, 2023. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 2.OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. This contract may be terminated by the City at any time upon discovery by the City that the Contractor or any of its subcontractors has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn. Stat. §16C.285, Subdivision 3, the Responsible Contractor statute. 3.CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amount of One Hundred Forty Six Thousand Nine Hundred Fourteen Dollars and 37/100 ($146,914.37). 4.PAYMENT PROCEDURES. A.Contractor shall submit Applications for Payment. Applications for Payment will be processed by Engineer as provided in the General Conditions. 352 2 175881v1 B.Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C.Payments to Subcontractor. (1)Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the Subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2)Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Chanhassen obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D.Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer. 5.COMPLETION DATE/LIQUIDATED DAMAGES. A.The Work for streets must be completed on or before August 31, 2023 and be ready for final payment in accordance with the General Conditions. B.Contract and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 5.A. above, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $900.00 for each calendar day that 353 3 175881v1 expires after the time specified in Paragraph 5.A. for Completion until the Work is complete. Daily costs are based on MnDOT Table 1807.1-1, "Schedule of Liquidated Damages as follows: TABLE 1807.1-1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Cal. Day, ($) From More Than ($)To and Including ($) 0 25,000 300 25,000 100,000 400 100,000 500,000 900 500,000 1,000,000 1,200 1,000,000 2,000,000 1,500 2,000,000 5,000,000 2,500 5,000,000 10,000,000 3,000 10,000,000 ---3,500 6.CONTRACTOR’S REPRESENTATIONS. A.Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B.Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C.Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D.Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E.Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to 354 4 175881v1 any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F.Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G.Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H.Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K.Subcontracts: (1)Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2)The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. 355 5 175881v1 (3)The Contract Documents shall not be construed as creating any contractual relation between the Owner, the Engineer, and any Subcontractor. (4)The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 7.WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8.COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on a primary and non- contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury:$2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage:$2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury:$2,000,000 each occurrence Property Damage:$2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury:$2,000,000 each occurrence $2,000,000 each accident Property Damage:$2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 356 6 175881v1 10.INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 11.MISCELLANEOUS. A.Terms used in this Agreement have the meanings stated in the General Conditions. B.Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C.Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D.Data Practices/Records. (1)All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2)All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E.Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 357 7 175881v1 F.Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor 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 Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner 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 Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement G.Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H.Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I.Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. J.Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. K.Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L.Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and 358 8 175881v1 completion of the Project. The City will obtain all necessary rights-of- way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. M.If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. CITY OF CHANHASSEN CONTRACTOR: BY:BY: Elise Ryan, Mayor Its BY: Laurie Hokkanen, City Manager 359 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). 360 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. 361 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 362 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. 363 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 364 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%)$450,000.00 365 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%)$700,000.00 366 ###################################################### ###############################################################################################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 367 2023 City Mill & Overlay Project CITY PROJECT 23-04 PROJECT UPDATE As part of the city’s continuing capital improvement efforts, the city has authorized staff to prepare a feasibility study for the 2023 Mill & Overlay Project, which includes resurfacing of streets and spot soil corrections or reconstruction as necessary in the Sunrise Court, Oakside Circle, and Creekwood Drive neighborhoods. Public Open House Please Join Us! Wednesday, February 1st from 4:30 – 6:30 pm Chanhassen Library 7711 Kerber Boulevard Chanhassen, MN 55317 At this meeting you will have an opportunity to learn about the project, share your knowledge of the project area, and ask questions related to the project. This will be an informal meeting with no presentation so please feel free to join us at any time during the meeting. 368 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss COLINTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on January 13,2023, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached Notice of Public Hearing on the Feasibility Study for the 2023 Mill & Overlay Project No. 23-04, to the persons named on attached Exhibit "A",by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver and Hennepin Counties, Minnesota, and by other appropriate records' t Kim T ity Subscribed and sworn to before me this 13 day of 2023. N Pu Iic STACY KERBER OSEN Notary Public-Minnesota \ My Commission ExPlreB Jan 31, 2027 ,ln,^ Lt?/-./nn ) 369 January 25, 2023 PUBLIC HEARING NOTICE Re: 2023 Mill & Overlay Project No. 23-04 Dear Property Owner: A Public Hearing has been scheduled for 7:00 p.m. or as soon thereafter as possible on Monday, February 13, 2023 in the City Council Chambers at Chanhassen City Hall during a regularly scheduled Council meeting. The hearing is your opportunity to voice your opinion directly to the City Council regarding the feasibility of the project prior to it proceeding through the design phase. The assessment methodology or amounts are not determined at this City Council meeting; these issues will be addressed at the assessment hearing which is tentatively scheduled for May 8, 2023. The feasibility study discusses the proposal to Mill & Overlay Sunridge Court, Oakside Circle, and Creekwood Drive, included in the 2023 Mill & Overlay Project No. 23-04. If you would like to submit written comments, please email them to me or send them to my attention at City Hall by 3:30pm on Monday, February 13, 2023. Comments received will then be distributed to Councilmembers. If you do not want your comments included in the public record, please indicate this in your correspondence. The estimated assessable cost of the Mill & Overlay for Oakside Circle, your neighborhood, is $11,840.00. Consistent with the City’s practice, the feasibility study proposes to assess a portion of the street rehabilitation cost to the benefiting properties in the project area. The street assessment for your property is currently estimated to be $3,000.00. If the project moves forward and construction bids are received, the actual construction bid cost will be used to calculate the final assessment. If you have any questions or comments, please contact me at 952-227-1165 or ehenricksen@chanhassenmn.gov Sincerely, CITY OF CHANHASSEN Erik Henricksen Project Engineer 370 January 13, 2023 PUBLIC HEARING NOTICE Re: 2023 Mill & Overlay Project No. 23-04 Dear Property Owner: A Public Hearing has been scheduled for 7:00 p.m. or as soon thereafter as possible on Monday, February 13, 2023 in the City Council Chambers at Chanhassen City Hall during a regularly scheduled Council meeting. The hearing is your opportunity to voice your opinion directly to the City Council regarding the feasibility of the project prior to it proceeding through the design phase. The assessment methodology or amounts are not determined at this City Council meeting; these issues will be addressed at the assessment hearing which is tentatively scheduled for May 8, 2023. The feasibility study discusses the proposal to Mill & Overlay Sunridge Court, Oakside Circle, and Creekwood Drive, included in the 2023 Mill & Overlay Project No. 23-04. If you would like to submit written comments, please email them to me or send them to my attention at City Hall by 3:30pm on Monday, February 13, 2023. Comments received will then be distributed to Councilmembers. If you do not want your comments included in the public record, please indicate this in your correspondence. The estimated assessable cost of the Mill & Overlay for Sunridge Court, your neighborhood, is $19,320.00. Consistent with the City’s practice, the feasibility study proposes to assess a portion of the street rehabilitation cost to the benefiting properties in the project area. The street assessment for your property is currently estimated to be $3,900.00. If the project moves forward and construction bids are received, the actual construction bid cost will be used to calculate the final assessment. If you have any questions or comments, please contact me at 952-227-1165 or ehenricksen@chanhassenmn.gov Sincerely, CITY OF CHANHASSEN Erik Henricksen Project Engineer 371 January 25, 2023 PUBLIC HEARING NOTICE Re: 2023 Mill & Overlay Project No. 23-04 Dear Property Owner: A Public Hearing has been scheduled for 7:00 p.m. or as soon thereafter as possible on Monday, February 13, 2023 in the City Council Chambers at Chanhassen City Hall during a regularly scheduled Council meeting. The hearing is your opportunity to voice your opinion directly to the City Council regarding the feasibility of the project prior to it proceeding through the design phase. The assessment methodology or amounts are not determined at this City Council meeting; these issues will be addressed at the assessment hearing which is tentatively scheduled for May 8, 2023. The feasibility study discusses the proposal to Mill & Overlay Sunridge Court, Oakside Circle, and Creekwood Drive, included in the 2023 Mill & Overlay Project No. 23-04. If you would like to submit written comments, please email them to me or send them to my attention at City Hall by 3:30pm on Monday, February 13, 2023. Comments received will then be distributed to Councilmembers. If you do not want your comments included in the public record, please indicate this in your correspondence. The estimated assessable cost of the Mill & Overlay for the Creekwood Drive area, your neighborhood, is $9,640.00. Consistent with the City’s practice, the feasibility study proposes to assess a portion of the street rehabilitation cost to the benefiting properties in the project area. The street assessment for your property is currently estimated to be $50.00. If the project moves forward and construction bids are received, the actual construction bid cost will be used to calculate the final assessment. If you have any questions or comments, please contact me at 952-227-1165 or ehenricksen@chanhassenmn.gov Sincerely, CITY OF CHANHASSEN Erik Henricksen Project Engineer 372 January 25, 2023 PUBLIC HEARING NOTICE Re: 2023 Mill & Overlay Project No. 23-04 Dear Property Owner: A Public Hearing has been scheduled for 7:00 p.m. or as soon thereafter as possible on Monday, February 13, 2023 in the City Council Chambers at Chanhassen City Hall during a regularly scheduled Council meeting. The hearing is your opportunity to voice your opinion directly to the City Council regarding the feasibility of the project prior to it proceeding through the design phase. The assessment methodology or amounts are not determined at this City Council meeting; these issues will be addressed at the assessment hearing which is tentatively scheduled for May 8, 2023. The feasibility study discusses the proposal to Mill & Overlay Sunridge Court, Oakside Circle, and Creekwood Drive, included in the 2023 Mill & Overlay Project No. 23-04. If you would like to submit written comments, please email them to me or send them to my attention at City Hall by 3:30pm on Monday, February 13, 2023. Comments received will then be distributed to Councilmembers. If you do not want your comments included in the public record, please indicate this in your correspondence. The estimated assessable cost of the Mill & Overlay for Creekwood Drive, your neighborhood, is $9,640.00. Consistent with the City’s practice, the feasibility study proposes to assess a portion of the street rehabilitation cost to the benefiting properties in the project area. The street assessment for your property is currently estimated to be $9,590.00. If the project moves forward and construction bids are received, the actual construction bid cost will be used to calculate the final assessment. If you have any questions or comments, please contact me at 952-227-1165 or ehenricksen@chanhassenmn.gov Sincerely, CITY OF CHANHASSEN Erik Henricksen Project Engineer 373 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss COLINTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on January 13,2023, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached Notice of Public Hearing on the Feasibility Study for the 2023 Mill & Overlay Project No. 23-04, to the persons named on attached Exhibit "A",by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver and Hennepin Counties, Minnesota, and by other appropriate records' t Kim T ity Subscribed and sworn to before me this 13 day of 2023. N Pu Iic STACY KERBER OSEN Notary Public-Minnesota \ My Commission ExPlreB Jan 31, 2027 ,ln,^ Lt?/-./nn ) 374 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR THE 2023 MILL & OVERLAY PROJECT NO. 23-04 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will meet in the City Hall Council Chambers located at 7700 Market Boulevard on Monday, February 13, 2023, at 7:00 p.m. or as soon thereafter as possible for a public hearing on the feasibility study for the Mill & Overlay of the following streets: Sunridge Court, Oakside Circle, and Creekwood Drive, included in the 2023 Mill & Overlay Project No. 23-04. The total estimated project cost is $102,000.00. A reasonable estimate of the impact of the street assessment to benefiting properties as defined by the City’s Assessment Practice will be available at the hearing. The street project is proposed to be paid for with a combination of City pavement management in addition to special assessments. All persons interested may appear in person and be heard at said time and place. Laurie Hokkanen, City Manager (Publish in the Chanhassen Villager on February 2 & 9, 2023) 375 CITY OF CHANEASSEN CINVNN AND IMNNEPIN courvrms, MTNNESOTA NOTICE OF PTIBLIC rEn'mxo ToRTEE zozS Itm,L & OVERLAY PBOJECT NO' 23{'r NCTIICE IS HEREBY GTVEN tfrat'ttredUantrassen City Council ffi -&i i" tne citv HalI council 6f,-rmUe* tocatd atzzoo Market goulevard on MondaY, February 13. 2023, at 7:00 P.m. or as soon i[L."rnb" a. Posiible for a Publicr,iiii"i on tfre feasitrititY studY i"-. tt i tvtitt & OverIaY of the following sheets:----duttiiag" Court, oakside Circle, and-Creekwood Drive' iri-.ii,f"a in the 2023 MilI & OverIaY Project No. 23O4'-'-ffi; totil estimated Project cost r iroz,mo.oo. A reasonable "ititn"i" oi" the impact of the it""ei itt".t.ent to be,nefiting oioperties as aeflned bY the CitY's i-Jieisment Practice will be^aruitiUt" at the hearinB-' Tle iGei proiect is ProPosed to be iria io'iilitt, a iombination of 6iin oire*ent management in aaaition to sPecial assessments'--- all pers-ons interested n-raY ^ro"* ii, P"*on and be heard at oid time and Place. Gurie rfo*anen, CiW Manager rP"tGtra in the Chanhassen tllaseion Thursdav' February 2 and 9:2023: No.4ir2g) Affidavit of Publication Southwest News Media State of Minnesota) )ss. County of Carver ) Vera Kehl, being duly sworn on oath says that she is an authorized employee for the ne^wspapers known as the C-haski Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting_qualific.ation as a legal ne*.paper, as p'rovloea by Minn'esota statute 33 iA.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified urllo. l+3? g, 'ias puUiisnea on the date or dates and in the n€wspaper stated. in the attached Notice and said Notiie is hereby incorporated as part of this Affidaiia Said notice was cut from the columns of the newspaper 'specifi6d. Printed below is a copy of the lower case alphabet.fro.m A to Z, both inclusive, ahd is hereby acknowledged as beingihe kind and size oftype used in the composition and publication of the Notice: abcdefghij klmnoPqrstuvwxyz //,,,IttBy: Subscribed and sworn before me on Vera Kehl $3 I .20 per column inch $31.20 per column inch $15.63 per column inch otnI dav Elruq4,ro*this of h, Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space"" Ma,rimum rate allowed by law forthe above matter'.' I-AURIE A HAfi' ':'irtJN N0TARY PUBLIC - r,., r,n:!:SdtA MY C0MMISSIoN EXir'r j'' t.'3i/25 Rate actually charged for the above matter....... / 376 2023 City Mill & Overlay Project CITY PROJECT 23-04 PROJECT UPDATE As part of the city’s continuing capital improvement efforts, a second Public Open House has been scheduled for the 2023 Mill & Overlay Project. This project includes resurfacing of streets and spot soil corrections or reconstruction as necessary in the Sunridge Court, Oakside Circle, and Creekwood Drive neighborhoods. Public Open House #2 Please Join Us! Tuesday, May 2nd from 4:30 – 6:30 pm Chanhassen Library 7711 Kerber Boulevard Chanhassen, MN 55317 At this meeting you will have an opportunity to learn about the project, share your knowledge of the project area, and ask questions related to the project. This will be an informal meeting with no presentation so please feel free to join us at any time during the meeting. 377 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COLTNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on April 12,2023,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached Notice of Open House for the 2023 City Mill & Overlay Project #23-04 to the persons named on attached Exhibit '0A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver and Hennepin Counties, Minnesota, and by other appropriate records. f Kim Ci Subscribed and sworn to before me tr'is 1@ay of 4il ,2023 STACY KERBER OSEN Notary Public-Minnesota Iiy Commls3lon E,piter Jan 31, 2027 Public W 378 NOTICE OF PUBLIC HEARING ON PROPOSED ASSESSMENTS 2023 MILL & OVERLAY PROJECT NO. 23-04 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will meet at the Chanhassen City Hall, (Council Chambers) 7700 Market Boulevard, Chanhassen, Minnesota at 7:00 p.m. on Monday, May 22, 2023 to pass upon proposed assessments for the improvements described in this notice. The proposed assessments are on file in the office of the City Clerk. Written or oral objections to the assessment by any property owner will be considered at the hearing. The description of the improvement, its nature, the total estimated project cost, the total amount proposed to be assessed, and the area proposed to be assessed are as follows: PROJECT DESCRIPTION: In general, this project includes improvements to the streets listed below, spot repairs to curb and gutter, and some rehabilitation to the public utilities. In addition, pedestrian ramps will be upgraded to meet current ADA standards as necessary. Properties to be assessed are those deriving direct benefit from this project. Specifically, per the City’s Assessment Practice, it is those properties that have driveway access from the street. Area Name Streets Included Creekwood Drive Creekwood Drive SUMMARY OF ASSESSMENT INFORMATION Street assessment amount: $6,523.44 Payment options: 1.Pre-Pay the assessment to the City of Chanhassen Finance Dept. by November 22, 2023 and no interest will be collected. *Pay by Check *Pay by Credit Card (3.5% fee will apply) 2. Take no action on pre-payment and make annual payments via your County property taxes. Interest of 4.5% will be collected each year based on the outstanding principal owed on the assessment, for a maximum term of 10 years. For more payment information please call the City’s Finance Department at 952-227-1141 Once the assessment is approved by City Council, payment can be mailed to or dropped off at: City of Chanhassen Attn: Danielle Washburn 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Additional information about the assessment process can be found on the back of this page. TOTAL ESTIMATED PROJECT AREA COST: $18,875.68 TOTAL AMOUNT TO BE ASSESSED: $7,550.27 (Street improvements only) NUMBER OF PARCELS TO BE ASSESSED: 4 (by area) ASSESSMENT AMOUNT FOR EACH PARCEL: $6,523.44 PARCEL PROPOSED TO BE ASSESSED: Parcel No: 250260800 Property Owner: BLUFF CREEK GOLF ASSOC. Parcel Address: 1025 CREEDWOOD DR Final Assessment Amt.: $6,523.44 IF THE CITY COUNCIL APPROVES THE ASSESSMENT AS PROPOSED, YOU WILL NOT RECEIVE A BILL OR AN INVOICE, BUT WILL RECEIVE A REMINDER NOTICE BEFORE PRE-PAYMENT PERIOD ENDS. Questions? Contact Erik Henricksen: 952-227-1165 or ehenricksen@chanhassenmn.gov 379 You may at any time prior to certification of the assessment to the county auditor, pay the assessment on such property to the City of Chanhassen. No interest shall be charged if the assessment is received by November 22, 2023. You may at any time thereafter, pay to the City of Chanhassen the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be received before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 4.5 percent (4.5%) per year. If not pre-paid, the assessment is proposed to be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2024, and will bear interest at the rate of 4.5 percent (4.5%) per annum from November 23, 2023. This assessment will show up on your first property tax statement for 2024. To the first installment shall be added interest on the entire assessment from November 23, 2023 until December 31, 2024. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The final assessment roll is on file for public inspection at the office of the City Clerk. The total amount to be assessed to the benefiting property owners is $7,550.27 for streets. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the city clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. Under Minn. Stat. §§ 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for who it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance (resolution) adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his property. Laurie Hokkanen City Manager City of Chanhassen, Minnesota 380 NOTICE OF PUBLIC HEARING ON PROPOSED ASSESSMENTS 2023 MILL & OVERLAY PROJECT NO. 23-04 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will meet at the Chanhassen City Hall, (Council Chambers) 7700 Market Boulevard, Chanhassen, Minnesota at 7:00 p.m. on Monday, May 22, 2023 to pass upon proposed assessments for the improvements described in this notice. The proposed assessments are on file in the office of the City Clerk. Written or oral objections to the assessment by any property owner will be considered at the hearing. The description of the improvement, its nature, the total estimated project cost, the total amount proposed to be assessed, and the area proposed to be assessed are as follows: PROJECT DESCRIPTION: In general, this project includes improvements to the streets listed below, spot repairs to curb and gutter, and some rehabilitation to the public utilities. In addition, pedestrian ramps will be upgraded to meet current ADA standards as necessary. Properties to be assessed are those deriving direct benefit from this project. Specifically, per the City’s Assessment Practice, it is those properties that have driveway access from the street. Area Name Streets Included Creekwood Drive Creekwood Drive SUMMARY OF ASSESSMENT INFORMATION Street assessment amount: $936.23 Payment options: 1.Pre-Pay the assessment to the City of Chanhassen Finance Dept. by November 22, 2023 and no interest will be collected. *Pay by Check *Pay by Credit Card (3.5% fee will apply) 2.Take no action on pre-payment and make annual payments via your County property taxes. Interest of 4.5% will be collected each year based on the outstanding principal owed on the assessment, for a maximum term of 5 years. For more payment information please call the City’s Finance Department at 952-227-1141 Once the assessment is approved by City Council, payment can be mailed to or dropped off at: City of Chanhassen Attn: Danielle Washburn 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Additional information about the assessment process can be found on the back of this page. TOTAL ESTIMATED PROJECT AREA COST: $18,875.68 TOTAL AMOUNT TO BE ASSESSED: $7,550.27 (Street improvements only) NUMBER OF PARCELS TO BE ASSESSED: 4 (by area) ASSESSMENT AMOUNT FOR EACH PARCEL: $936.23 PARCEL PROPOSED TO BE ASSESSED: Parcel No: 250261400 Property Owner: BLUFF CREEK GOLF ASSOC. Parcel Address: 1026 CREEDWOOD DR Final Assessment Amt.: $936.23 IF THE CITY COUNCIL APPROVES THE ASSESSMENT AS PROPOSED, YOU WILL NOT RECEIVE A BILL OR AN INVOICE, BUT WILL RECEIVE A REMINDER NOTICE BEFORE PRE-PAYMENT PERIOD ENDS. Questions? Contact Erik Henricksen: 952-227-1165 or ehenricksen@chanhassenmn.gov 381 You may at any time prior to certification of the assessment to the county auditor, pay the assessment on such property to the City of Chanhassen. No interest shall be charged if the assessment is received by November 22, 2023. You may at any time thereafter, pay to the City of Chanhassen the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be received before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 4.5 percent (4.5%) per year. If not pre-paid, the assessment is proposed to be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January 2024, and will bear interest at the rate of 4.5 percent (4.5%) per annum from November 23, 2023. This assessment will show up on your first property tax statement for 2024. To the first installment shall be added interest on the entire assessment from November 23, 2023 until December 31, 2024. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The final assessment roll is on file for public inspection at the office of the City Clerk. The total amount to be assessed to the benefiting property owners is $7,550.27 for streets. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the city clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. Under Minn. Stat. §§ 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for who it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance (resolution) adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his property. Laurie Hokkanen City Manager City of Chanhassen, Minnesota 382 NOTICE OF PUBLIC HEARING ON PROPOSED ASSESSMENTS 2023 MILL & OVERLAY PROJECT NO. 23-04 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will meet at the Chanhassen City Hall, (Council Chambers) 7700 Market Boulevard, Chanhassen, Minnesota at 7:00 p.m. on Monday, May 22, 2023 to pass upon proposed assessments for the improvements described in this notice. The proposed assessments are on file in the office of the City Clerk. Written or oral objections to the assessment by any property owner will be considered at the hearing. The description of the improvement, its nature, the total estimated project cost, the total amount proposed to be assessed, and the area proposed to be assessed are as follows: PROJECT DESCRIPTION: In general, this project includes improvements to the streets listed below, spot repairs to curb and gutter, and some rehabilitation to the public utilities. In addition, pedestrian ramps will be upgraded to meet current ADA standards as necessary. Properties to be assessed are those deriving direct benefit from this project. Specifically, per the City’s Assessment Practice, it is those properties that have driveway access from the street. Area Name Streets Included Creekwood Drive Creekwood Drive SUMMARY OF ASSESSMENT INFORMATION Street assessment amount: $52.85 Payment options: 1.Pre-Pay the assessment to the City of Chanhassen Finance Dept. by November 22, 2023 and no interest will be collected. *Pay by Check *Pay by Credit Card (3.5% fee will apply) 2.Take no action on pre-payment and make annual payments via your County property taxes. Interest of 4.5% will be collected each year based on the outstanding principal owed on the assessment, for a maximum term of 1 year. For more payment information please call the City’s Finance Department at 952-227-1141 Once the assessment is approved by City Council, payment can be mailed to or dropped off at: City of Chanhassen Attn: Danielle Washburn 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Additional information about the assessment process can be found on the back of this page. TOTAL ESTIMATED PROJECT AREA COST: $18,875.68 TOTAL AMOUNT TO BE ASSESSED: $7,550.27 (Street improvements only) NUMBER OF PARCELS TO BE ASSESSED: 4 (by area) ASSESSMENT AMOUNT FOR EACH PARCEL: $52.85 PARCEL PROPOSED TO BE ASSESSED: Parcel No: 250261300 Property Owner: BLUFF CREEK GOLF ASSOC. Parcel Address: 1027 CREEDWOOD DR Final Assessment Amt.: $52.85 IF THE CITY COUNCIL APPROVES THE ASSESSMENT AS PROPOSED, YOU WILL NOT RECEIVE A BILL OR AN INVOICE, BUT WILL RECEIVE A REMINDER NOTICE BEFORE PRE-PAYMENT PERIOD ENDS. Questions? Contact Erik Henricksen: 952-227-1165 or ehenricksen@chanhassenmn.gov 383 You may at any time prior to certification of the assessment to the county auditor, pay the assessment on such property to the City of Chanhassen. No interest shall be charged if the assessment is received by November 22, 2023. You may at any time thereafter, pay to the City of Chanhassen the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be received before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 4.5 percent (4.5%) per year. If not pre-paid, the assessment is proposed to be payable in equal annual installments extending over a period of one (1) year, the first of the installments to be payable on or before the first Monday in January 2024, and will bear interest at the rate of 4.5 percent (4.5%) per annum from November 23, 2023. This assessment will show up on your first property tax statement for 2024. To the first installment shall be added interest on the entire assessment from November 23, 2023 until December 31, 2024. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The final assessment roll is on file for public inspection at the office of the City Clerk. The total amount to be assessed to the benefiting property owners is $7,550.27 for streets. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the city clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. Under Minn. Stat. §§ 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for who it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance (resolution) adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his property. Laurie Hokkanen City Manager City of Chanhassen, Minnesota 384 NOTICE OF PUBLIC HEARING ON PROPOSED ASSESSMENTS 2023 MILL & OVERLAY PROJECT NO. 23-04 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will meet at the Chanhassen City Hall, (Council Chambers) 7700 Market Boulevard, Chanhassen, Minnesota at 7:00 p.m. on Monday, May 22, 2023 to pass upon proposed assessments for the improvements described in this notice. The proposed assessments are on file in the office of the City Clerk. Written or oral objections to the assessment by any property owner will be considered at the hearing. The description of the improvement, its nature, the total estimated project cost, the total amount proposed to be assessed, and the area proposed to be assessed are as follows: PROJECT DESCRIPTION: In general, this project includes improvements to the streets listed below, spot repairs to curb and gutter, and some rehabilitation to the public utilities. In addition, pedestrian ramps will be upgraded to meet current ADA standards as necessary. Properties to be assessed are those deriving direct benefit from this project. Specifically, per the City’s Assessment Practice, it is those properties that have driveway access from the street. Area Name Streets Included Creekwood Drive Creekwood Drive SUMMARY OF ASSESSMENT INFORMATION Street assessment amount: $37.75 Payment options: 1.Pre-Pay the assessment to the City of Chanhassen Finance Dept. by November 22, 2023 and no interest will be collected. *Pay by Check *Pay by Credit Card (3.5% fee will apply) 2.Take no action on pre-payment and make annual payments via your County property taxes. Interest of 4.5% will be collected each year based on the outstanding principal owed on the assessment, for a maximum term of 1 year. For more payment information please call the City’s Finance Department at 952-227-1141 Once the assessment is approved by City Council, payment can be mailed to or dropped off at: City of Chanhassen Attn: Danielle Washburn 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Additional information about the assessment process can be found on the back of this page. TOTAL ESTIMATED PROJECT AREA COST: $18,875.68 TOTAL AMOUNT TO BE ASSESSED: $7,550.27 (Street improvements only) NUMBER OF PARCELS TO BE ASSESSED: 4 (by area) ASSESSMENT AMOUNT FOR EACH PARCEL: $37.75 PARCEL PROPOSED TO BE ASSESSED: Parcel No: 250363600 Property Owner: JAMES W SABINSKE Parcel Address: 775 CREEKWOOD DR Final Assessment Amt.: $37.75 IF THE CITY COUNCIL APPROVES THE ASSESSMENT AS PROPOSED, YOU WILL NOT RECEIVE A BILL OR AN INVOICE, BUT WILL RECEIVE A REMINDER NOTICE BEFORE PRE-PAYMENT PERIOD ENDS. Questions? Contact Erik Henricksen: 952-227-1165 or ehenricksen@chanhassenmn.gov 385 You may at any time prior to certification of the assessment to the county auditor, pay the assessment on such property to the City of Chanhassen. No interest shall be charged if the assessment is received by November 22, 2023. You may at any time thereafter, pay to the City of Chanhassen the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be received before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 4.5 percent (4.5%) per year. If not pre-paid, the assessment is proposed to be payable in equal annual installments extending over a period of one (1) year, the first of the installments to be payable on or before the first Monday in January 2024, and will bear interest at the rate of 4.5 percent (4.5%) per annum from November 23, 2023. This assessment will show up on your first property tax statement for 2024. To the first installment shall be added interest on the entire assessment from November 23, 2023 until December 31, 2024. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The final assessment roll is on file for public inspection at the office of the City Clerk. The total amount to be assessed to the benefiting property owners is $7,550.27 for streets. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the city clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. Under Minn. Stat. §§ 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for who it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance (resolution) adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his property. Laurie Hokkanen City Manager City of Chanhassen, Minnesota 386 NOTICE OF PUBLIC HEARING ON PROPOSED ASSESSMENTS 2023 MILL & OVERLAY PROJECT NO. 23-04 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will meet at the Chanhassen City Hall, (Council Chambers) 7700 Market Boulevard, Chanhassen, Minnesota at 7:00 p.m. on Monday, May 22, 2023 to pass upon proposed assessments for the improvements described in this notice. The proposed assessments are on file in the office of the City Clerk. Written or oral objections to the assessment by any property owner will be considered at the hearing. The description of the improvement, its nature, the total estimated project cost, the total amount proposed to be assessed, and the area proposed to be assessed are as follows: PROJECT DESCRIPTION: In general, this project includes improvements to the streets listed below, spot repairs to curb and gutter, and some rehabilitation to the public utilities. In addition, pedestrian ramps will be upgraded to meet current ADA standards as necessary. Properties to be assessed are those deriving direct benefit from this project. Specifically, per the City’s Assessment Practice, it is those properties that have driveway access from the street. Area Name Streets Included Oakside Circle Oakside Circle SUMMARY OF ASSESSMENT INFORMATION Street assessment amount: $4,281.43 Payment options: 1. Pre-Pay the assessment to the City of Chanhassen Finance Dept. by November 22, 2023 and no interest will be collected. *Pay by Check *Pay by Credit Card (3.5% fee will apply) 2. Take no action on pre-payment and make annual payments via your County property taxes. Interest of 4.5% will be collected each year based on the outstanding principal owed on the assessment, for a maximum term of 8 years. For more payment information please call the City’s Finance Department at 952-227-1141 Once the assessment is approved by City Council, payment can be mailed to or dropped off at: City of Chanhassen Attn: Danielle Washburn 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Additional information about the assessment process can be found on the back of this page. TOTAL ESTIMATED PROJECT AREA COST: $57,374.35 TOTAL AMOUNT TO BE ASSESSED: $17,125.72 (Street improvements only) NUMBER OF PARCELS TO BE ASSESSED: 4 ASSESSMENT AMOUNT FOR EACH PARCEL: $4,281.43 PARCEL PROPOSED TO BE ASSESSED: Parcel No: 253530070 Property Owner: JAMES SVOBODA Parcel Address: 1300 OAKSIDE CIR Final Assessment Amt.: $4,281.43 IF THE CITY COUNCIL APPROVES THE ASSESSMENT AS PROPOSED, YOU WILL NOT RECEIVE A BILL OR AN INVOICE, BUT WILL RECEIVE A REMINDER NOTICE BEFORE PRE-PAYMENT PERIOD ENDS. Questions? Contact Erik Henricksen: 952-227-1165 or ehenricksen@chanhassenmn.gov 387 You may at any time prior to certification of the assessment to the county auditor, pay the assessment on such property to the City of Chanhassen. No interest shall be charged if the assessment is received by November 22, 2023. You may at any time thereafter, pay to the City of Chanhassen the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be received before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 4.5 percent (4.5%) per year. If not pre-paid, the assessment is proposed to be payable in equal annual installments extending over a period of eight (8) years, the first of the installments to be payable on or before the first Monday in January 2024, and will bear interest at the rate of 4.5 percent (4.5%) per annum from November 23, 2023. This assessment will show up on your first property tax statement for 2024. To the first installment shall be added interest on the entire assessment from November 23, 2023 until December 31, 2024. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The final assessment roll is on file for public inspection at the office of the City Clerk. The total amount to be assessed to the benefiting property owners is $17,125.72 for streets. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the city clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. Under Minn. Stat. §§ 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for who it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance (resolution) adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his property. Laurie Hokkanen City Manager City of Chanhassen, Minnesota 388 NOTICE OF PUBLIC HEARING ON PROPOSED ASSESSMENTS 2023 MILL & OVERLAY PROJECT NO. 23-04 NOTICE IS HEREBY GIVEN that the Chanhassen City Council will meet at the Chanhassen City Hall, (Council Chambers) 7700 Market Boulevard, Chanhassen, Minnesota at 7:00 p.m. on Monday, May 22, 2023 to pass upon proposed assessments for the improvements described in this notice. The proposed assessments are on file in the office of the City Clerk. Written or oral objections to the assessment by any property owner will be considered at the hearing. The description of the improvement, its nature, the total estimated project cost, the total amount proposed to be assessed, and the area proposed to be assessed are as follows: PROJECT DESCRIPTION: In general, this project includes improvements to the streets listed below, spot repairs to curb and gutter, and some rehabilitation to the public utilities. In addition, pedestrian ramps will be upgraded to meet current ADA standards as necessary. Properties to be assessed are those deriving direct benefit from this project. Specifically, per the City’s Assessment Practice, it is those properties that have driveway access from the street. Area Name Streets Included Sunridge Court Sunridge Court SUMMARY OF ASSESSMENT INFORMATION Street assessment amount: $5,070.74 Payment options: 1. Pre-Pay the assessment to the City of Chanhassen Finance Dept. by November 22, 2023 and no interest will be collected. *Pay by Check *Pay by Credit Card (3.5% fee will apply) 2. Take no action on pre-payment and make annual payments via your County property taxes. Interest of 4.5% will be collected each year based on the outstanding principal owed on the assessment, for a maximum term of 10 years. For more payment information please call the City’s Finance Department at 952-227-1141 Once the assessment is approved by City Council, payment can be mailed to or dropped off at: City of Chanhassen Attn: Danielle Washburn 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Additional information about the assessment process can be found on the back of this page. TOTAL ESTIMATED PROJECT AREA COST: $70,664.34 TOTAL AMOUNT TO BE ASSESSED: $25,353.70 (Street improvements only) NUMBER OF PARCELS TO BE ASSESSED: 5 ASSESSMENT AMOUNT FOR EACH PARCEL: $5,070.74 PARCEL PROPOSED TO BE ASSESSED: Parcel No: 258080030 Property Owner: ALECIA BREEGGEMANN Parcel Address: 1751 SUNRIDGE CT Final Assessment Amt.: $5,070.74 IF THE CITY COUNCIL APPROVES THE ASSESSMENT AS PROPOSED, YOU WILL NOT RECEIVE A BILL OR AN INVOICE, BUT WILL RECEIVE A REMINDER NOTICE BEFORE PRE-PAYMENT PERIOD ENDS. Questions? Contact Erik Henricksen: 952-227-1165 or ehenricksen@chanhassenmn.gov 389 You may at any time prior to certification of the assessment to the county auditor, pay the assessment on such property to the City of Chanhassen. No interest shall be charged if the assessment is received by November 22, 2023. You may at any time thereafter, pay to the City of Chanhassen the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be received before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 4.5 percent (4.5%) per year. If not pre-paid, the assessment is proposed to be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2024, and will bear interest at the rate of 4.5 percent (4.5%) per annum from November 23, 2023. This assessment will show up on your first property tax statement for 2024. To the first installment shall be added interest on the entire assessment from November 23, 2023 until December 31, 2024. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The final assessment roll is on file for public inspection at the office of the City Clerk. The total amount to be assessed to the benefiting property owners is $25,353.70 for streets. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the city clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. Under Minn. Stat. §§ 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for who it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance (resolution) adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his property. Laurie Hokkanen City Manager City of Chanhassen, Minnesota 390 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COLINTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on I.[ay 2,2023,the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota;that on said date she caused to be mailed a copy of the attached Notice of Public Hearing on Proposed Assessments for the 2023 City Mill & Overlay Project No. 23-04, to the persons named on attached Exhibit " A" , by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver and Hennepin Counties, Minnesota, and by other appropriate records. Kim T City C Subscribed and sworn to before me this J2Ld daY of 2023 My Commbslon Explr6! Jen 3t' Af27 STACY KERBER OSEN Notary Publlc-Minneeota Public . )rl ccru t 391 NOTICE OF ASSESSMENT HEARING CITY OF CHANHASSEN, MINNESOTA 2023 CITY MILL & OVERLAY PROJECT NO. 23-04 Notice is hereby given that the Chanhassen City Council will meet at 7:00 p.m. on Monday, May 22, 2023, at the City Hall Council Chambers, 7700 Market Boulevard, Chanhassen, Minnesota, to consider, and possibly adopt, the proposed assessments for the 2023 City Mill & Overlay Project No. 23-04. Adoption by the Council of the proposed assessments may occur at the hearing. In general, this project includes resurfacing of streets and spot soil corrections or reconstruction as necessary. Properties to be assessed are those deriving direct benefits from this project as defined by the City’s Assessment Policy. Specifically, it is those properties abutting and having driveway access from the following streets: Included Streets Sunridge Court Oakside Circle Creekwood Drive The proposed assessment roll is on file for public inspection at the office of the City Clerk. The total amount proposed to be assessed is $50,029.69. The estimated total cost of all improvements for the project is $146,914.37. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. Under Minn. Stat. §§ 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for who it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance (resolution) adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on this property. Laurie Hokkanen City Manager/City Clerk (Publish in the Chanhassen Villager on May 4, 2023) 392 City Council Item May 22, 2023 Item Annual Fire Department Report File No.Item No: I.1 Agenda Section ADMINISTRATIVE PRESENTATIONS Prepared By Don Johnson, Fire Chief Reviewed By Don Johnson SUGGESTED ACTION "The Chanhassen City Council receives the 2022 Annual Fire Department Report." Motion Type Simple Majority Vote of members present Strategic Priority Operational Excellence SUMMARY Staff have prepared and submitted the 2022 Annual Fire Department report for review and approval. BACKGROUND DISCUSSION BUDGET RECOMMENDATION Staff recommends City Council review and accept report. 393 ATTACHMENTS 2022 Fire Department Annual Report 394 CITY OF CHANHASSEN 7700 Market Boulevard Chanhassen, MN 55317 952-227-1100 2022FIRE DEPARTMENTANNUAL REPORT 395 CONTENTS1 2 3 8 9 10 10 11 STAFF & ADMINISTRATION Organizational Chart DEMOGRAPHICS OPERATIONS Incident Statistics TRAINING Hours Cost & Wages FIRE PREVENTION FIRE INSPECTIONS FIRE INVESTIGATIONS ACCOMPLISHMENTS 396 1 STAFF APRIL 2023 CAPTAIN 3 PAID ON CALL LIEUTENANT CAPTAIN 2 FULLTIME FIREFIGHTER PAID ON CALL LIEUTENANT ASSISTANT CHIEF DON NUTTER FIRE CHIEF DON JOHNSON BATTALION CHIEF CAPTAIN 1 FULLTIME FIREFIGHTER PAID ON CALL LIEUTENANT BATTALION CHIEF 3 LORRELLE LARSON BRYAN O’KEEFFE DAN MARTINEZ MIKE ANDERSON MATT ROSATI MICHAEL HINES MATT WARDEN HAYDN FOOTE ANNA BOOTE ELIJAH BACH DAISY ANDERSON ANDY GISCH RAY BOLGER MATT KUTZ MATT GRADY ALFRED BARTLES CHAD OLSEN MATT KLEY DAWN SMITH ALBERTO ZARAZOGA ELAYNA HORTON, CADET DAN EASTMAN EVAN THORESON MAT VON BANK, CES ROB FRISBEE CODY PRIBBLE AARON BUSCH KEEGAN GESKE JEROME COYNE MARISSA SMITH ANA FATTURI, ADMIN & FIRE INSPECTOR FULLTIME FIREFIGHTER ALYSSA MUELLER BECKI WHITE JIM VAN ASTEN RAY RINDAHL BATTALION CHIEF 4 BATTALION CHIEF 5 397 2 DEMOGRAPHICS 5 7 41 41 5 212 Powers Blvd.Powers Blvd.Flying Cl o u d Bl v d .Flying Cl ou d Blvd .Powers Blvd.Powers Blvd.LakeLake MinnewashtaMinnewashta LakeLake LucyLucy LakeLake AnnAnn RiceRice MarshMarsh LakeLake RileyRiley RiceRice LakeLake Lake SusanLake Susan L o tu s L a k e L o tu s L a k e Pioneer Trl.Pioneer Trl.GGrreeaatt PPllaaiinnss BBllvvdd..WEST BOXWEST BOX NORTH BOXNORTH BOX DEPARTMENT FIRE ZONE MAP SOUTHSOUTHBOXBOX POPULATION 26,361 14,580 acres (22.8 sq. miles) 2,667 acres & 70 miles of trails carver & Hennipen 9,921 SERVICE AREA PARKS, RECREATION, & PRESERVES COUNTIES prescHool »Children of Tomorrow »Crème de la Crème »Chanhassen KinderCare »Little Saints Preschool »New Horizon Academy »Small World Child Care »Primrose School of Chanhassen »The Goddard School »Westwood Preschool »Riley Crossing Preschool UNIQUE AREAS & BUSINESSES »Chanhassen Dinner Theatre »Eckankar »General Mills »Lifetime Fitness »Minnesota Landscape Arboretum »Paisley Park »RR Donnelley »Rosemount Inc »Snap Fitness »NOAA National Weather Service private »Chapel Hill Academy »St. Hubert Catholic School public »Bluff Creek Elementary »Chanhassen Elementary School »Chanhassen High School »Minnetonka Middle School West HOUSEHOLDS SCHOOLS 398 3 OPERATIONS Calls for service rose 11.5% from 2021 to 2022. Calls for EMS response accounted for 63% of the calls for service in 2022. Call types experienced nominal changes from 2021 to 2022 besides Good Intent calls which decreased by 5% 2022 CALLS FOR SERVICE BY TYPE Good Intent - 7%Service - 9%Fire - 3%Alarm - 12% Rescue & Emergency Medical Service - 63%Hazardous Condition - 6% CALLS PER YEAR 2018 921 2019 1,002 2020 917 2021 1,078 700 1,000 1,300 2022 1,202 399 4 The monthly average for the year was 100.1 calls per month with seven months above average. Incidents by Category 2018 2019 2020 2021 2022 Fire 36 36 48 36 39 Rescue & Emergency Medical Service 504 570 535 670 752 Hazardous Condition 58 68 59 69 68 Service Call 37 68 70 73 112 Good Intent Call 155 121 103 114 87 Commercial/Residential Fire Alarms 131 139 102 116 144 Totals:921 1,002 917 1,078 1,202 Incidents by Category 2018 2019 2020 2021 2022 Total Calls 921 1,002 917 1,078 1,202 Fire Related Calls 36 36 48 36 45 EMS Responses 428 478 387 599 673 Motor Vehicle Accidents with Injury 58 57 48 40 53 Alarm Calls - Residential & Commercial 131 120 102 115 140 Good Intent Calls 155 121 101 116 96 Dispatched and Canceled En Route 49 30 31 36 29 EMS Dispatched and Canceled En Route 54 50 33 30 41 Breakdown of Fire Type Calls 2018 2019 2020 2021 2022 Building Fires 22 18 25 17 18 Cooking Fires 3 6 6 3 3 Grass Fire 3 1 3 4 3 Car Fire 3 4 3 6 5 Other Types of Fires 5 7 11 6 9 CALLS BY MONTH COMPARISON JAN.FEB.MAR.APR.MAY JUNE JULYAUG.SEPT.OCT.NOV.DEC.0 30 60 90 120 150 2020 2021 2022 120116 135 105101106109 400 5 Breakdown of Calls by Time Recieved 173 Monday - Friday Duty Crew (1800-2200) 465 Monday - Friday Day (0800-1600) (0800-1600 prior to April 1) 205 Sunday - Saturday Overnight (2200-0600) 120 Saturday - Sunday Duty Crew (0800-1600) 963 Total Calls Received During Scheduled Shifts 931 Calls Handled by Day Only or Duty Call Only 32 General Alarms During Staffed Times General Alarms by Time Recieved 14 Monday - Friday (0600-0800) 90 Monday - Friday (1600-1800) 135 Weekend Calls Outside of Scheduled Shifts 239 Opportunities to make general alarms 32 Opportunities to make general alarms during scheduled shifts CHIEF ONLY 9 DAY ONLY 70 DUTY CREW 852 2022TOTAL CALLS 1,202 GENERAL ALARMS 271 A review of calls by day/time assisted in making a budget adjustment to support daytime response staff in 2022. Calls responded to between the hours of 0600-1600 hours, Monday through Friday represented 37% of the total calls for service. Coincidentally, this is also the time period that is the most challenging to staff based on workforce availability. For those reasons, administration utilized the budget process to fund two full time response staff in 2022 that included general fund support, as well as, American Recovery Plan Act dollars. Duty crews and Day Only staffing responded to almost 70% of the calls responded to. General alarms were utilized when staffing was not scheduled, or serious in nature and represented 30% of the call volume. 401 6 CALLS BY TIME OF DAY 12 - 4 AM 4 - 8 AM 12 - 4 PM 4 - 8 PM8 AM - 12 PM 8 PM - 12 AM 2018 2019 2020 2021 2022 50 100 150 200 250 300 350 CALLS BY DAY OF WEEK Fridays15% Thursdays14% Saturdays14%Sundays12% Mondays16% Tuesdays13% Wednesdays15% CALLS FOR SERVICE BY DISTRICT North - 75% South - 9% West - 13% Other - 2% 402 7 Payroll Hours by Type 2020 2021 2022 Event Hours 661 617 676 Duty Crew Hours 12,188 14,189 13,767 Call Hours 5,078 4,529 2,573 2022 Mutual Aid Table GIVEN RECEIVED Carver 0 0 Chaska 5 7 Eden Prairie 4 5 Excelsior 5 1 Hopkins 1 0 Long Lake 1 0 Minnetonka 4 2 Mound 0 0 Shakopee 0 0 Victoria 2 5 Waconia 0 0 The table above illustrates mutual aid in both received and given. The table shows we are sending units to assist other cities about as much as we are receiving assistance. 403 8 TRAINING In 2022 Chanhassen Firefighters completed over 3,042 total training hours. These hours are a combination of in-person training outside of typically scheduled hours; training completed on shift; specialized training outside of shift hours; Fire Academy and EMT certification training; and online training hours. Our in-person training consists of Fire, EMS, Leadership, and Development/Continuing Education hours. The online training includes OSHA requirements, State Licensing Requirements, EMS, and Leadership/ Development/Continuing Ed training. Additional certifications such as Blue Card, Fire Inspector, and Fire Investigation require annual continuing education hours outside of the normal licensing requirements for the State of Minnesota. PROMOTIONALEXPENSES: $8,756.87 CONFERENCE & TRAINING: $37,955.98 An average training per firefighter: is 40.5 hours in person outside of scheduled shifts; 20.75 hours on shift. Three firefighters and one intern attended the Carver County Fire Academy in 2022. Four firefighters attended EMT Certification training in 2022. Chanhassen Fire Department received $6,020 from the Minnesota Board of Firefighter Training and Education for costs related to firefighter annual training requirements in 2022. Examples of reimbursable costs include facility rental fees, instructor fees, conference, and outside training expenses. TRAINING WAGES BY YEAR 2019 2020 2021 20220 10000 20000 30000 40000 50000 $19,950.40 $47,796.36 $31,906.24 $34,607.32 404 9 FIRE PREVENTION During 2022 we were able to again offer training to local businesses and educational opportunities to the community. Programs such as fire extinguishers training and HandsOnly CPR/Training are provided throughout the year to local businesses at no cost. The Fire Department was able to provide Fire Prevention activities again in 2022. The Fire Department Open House was held for the first time in several years and drew record crowds. Fan favorites seemed to be the Firefighter relay race and kids’ Firefighter obstacle course. Fire Prevention visits were provided again for students and daycares Pre-K through Junior High. This past fall, we visited over 1,000 students of varying ages and offered fire prevention training, firefighter Q&A sessions, and fire station tours. The Fire Department completed just over 50 public education training in 2022. 405 10 FIRE INVESTIGATIONS The Chanhassen Fire Department investigates all fires in our community and assists with some investigations outside our city for mutual aid calls. The Chanhassen Fire Marshal/Assistant Fire Chief and Fire Chief oversee all fire inspections. We are aided by the State Fire Marshal’s Office as needed. Last year we performed 21 fire inspections of varying levels, from large structure fires to small grass fires. The Fire Department works with the Carver County Sheriff’s Department on all arson-related fires. FIRE INSPECTIONS The Chanhassen Fire Department Fire Marshal’s division completed several aspects of fire inspections in our community. We have a full-time Fire Marshal and two full-time fire inspectors. »Code violation inspections and follow up »Annual Inspections for all liquor-licensed facilities »Annual inspections for all adult care, child care, schools, and other vulnerable populations »Commercial business inspections based on need or rotating schedule (3-5 years). »Hotel and DHS Licensed facilities annually »Commercial construction, fire sprinkler, and fire alarm inspections »Plan reviews for all projects and permits In 2022, the Fire Department completed over 220 fire inspections and 174 plan reviews. 406 11 ACCOMPLISHMENTS IMAGETREND SOFTWARE ENHANCEMENTS RESPONSE TO HURRICANE IAN STAFFING CHANGES The Chanhassen Fire Department entered into a new agreement with the software vendor ImageTrend, creating our own bridge. This added some annual maintenance fees but allowed us to manage our own data. Before this agreement, the fire department utilized ImageTrend through an agreement with the State of Minnesota. That arrangement significantly impacted the scope of reporting. Most of the transition work took place at the end of 2021, with the crossover to the new system beginning January 1, 2022. With the data package, the city also purchased Continuum, a robust reporting package. Continuum also allows technology solutions with the ability to link to websites and other documents in which the user would have the most updated information about fire department response. The new software allowed the department to assign specific codes for response and primary actions. This more closely matches the dispatch codes that Carver County assigns to calls via the CAD systems. Coupling those codes with customized Primary Action Codes has allowed a much deeper understanding of what the fire department responds to and what we do when we get there. From September 30, 2022, through October 16, 2022, Fire Chief Don Johnson was deployed to Arcadia, Florida, as part of the Minnesota 1 – All Hazards Incident Management Team. The deployment was in response to the State of Florida using the Emergency Management Assistance Compact (EMAC) process. The deployment was three days of travel on either side of a 12-day deployment. Chief Johnson was part of a 10-person team that assisted with support to the on-site Emergency Operations Center, embedding in the planning and command functions. All reimbursement records were approved by the State of Minnesota and were sent to the State of Florida for full reimbursement of costs related to the deployment. The first two full-time firefighters were placed on shift on April 1. They worked 10-hour shifts from 0600-1600 on Mon., Tues., Thu., and Fri. The remaining full-time day staff covered Wednesdays and provided supplemental staffing to calls requiring a crew of three on an engine. This change also impacted calls for service in the city as the fire department was in duty crew status for most parts of most days. Gaps in duty crew coverage continued to exist Mon.-Fri. from 4:00-6:00 p.m. and 4:00-10:00 p.m. on the weekends. 407 12 ACCOMPLISHMENTS STATION 2 TRANSITIONS TO RIDGEVIEW AMBULANCE BASE WESTWOOD FULL FUNCTIONAL EXERCISE TRAINING As part of the 2023 budget process, a decision was made by the city council at the recommendation of the Fire Chief to transition the use of Station 2. This decision was tied to multiple considerations and was only possible to the 2023 budget supporting additional full-time staffing. Adding the staffing would eliminate gaps in coverage, staffing the station 24/7 beginning January 1, 2023. Two major budget considerations totaling about $1.3 million were significant factors. A replacement fire engine was recommended based on the age of the engine in the station and the best practices recommended by the National Fire Protection Association. The city has also completed a facility study, and approximately $300,000 of deferred maintenance was recommended over five years. There were also about $18,000 a year in operating costs. To enhance EMS response in the area. Ridgeview Hospital was approached to gauge interest in using the site for ambulance response. This would replace the Lake Ann Park shed space and increase office space and the number of bays. Both parties reached a lease agreement, with Ridgeview assuming full responsibility for all costs related to the station. A station closing ceremony occurred on December 10, 2022. Engine 21 was moved to public works and sold at a public auction. The four remaining firefighters assigned to the station were relocated to Station 1. On May 21, 2022, the Chanhassen Fire Department executed a full functional exercise at Westwood Church related to Mass Casualty Incidents: Active Shooter. This exercise resulted from multiple years of planning interrupted by the COVID-19 pandemic. The exercise involved over 200 people, including about 75 volunteer role players from the Westwood Community. Lessons learned were achieved through the After-Action Report (AAR) process, including setting goals for future training events. Public Safety Responders from Ridgeview Ambulance, Carver County Sheriff’s Office, Chaska PD, West Hennepin Public Safety, Eden Prairie PD, and the Victoria Fire Department also played a role. The Salvation Army and Southwest Transit were utilized during the event. Many of our apparatus operators and command staff participated in the Emergency Vehicle Operations Course (EVOC) Saint Cloud State University hosted in 2022. This involved a 4-hour classroom lecture and separate driving skills on a closed course in St. Cloud. EVOC provides critical information for public safety personnel operating emergency vehicles on the roadway, and the technical driving course is irreplaceable regarding building skills and understanding of emergency driving procedures. 408 City Council Item May 22, 2023 Item 2023 Building Permit Activity File No.Item No: J.1 Agenda Section CORRESPONDENCE DISCUSSION Prepared By Bob Generous, Senior Planner Reviewed By SUGGESTED ACTION Correspondence Motion Type N/A Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 2023 Building Permit Activity April Year to Date 409 2023 Building Permit Activity April YTI)City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 952-227-1100 6 J 10Residential Single-Family IResidential Townhomes I 0 0 0 0Apartments/Senior Facilities Total Residential 7 )10 Residential Building Permits I't Quarter 2od Quarter 3'd Quarter 4tr Quarter Total YTD INewI0 0 0 0Redeveloped Remodeled l5 5 20 t6 5 2tTotal Commercial Commerciat Building Permits l't Quarter 2od Quarter 3'd Quarter 4th Quarter Total YTD 63 53Single-Family Lots Residential Townhome Lots 52 52 Total Available Lots 115 105 Available Lot Inventory (end of Quarter) l't Quarter 2od Quarter 3"d Quarter 4th Quarter Single-Family 49 40 68 98 48 9 Tou'nhomes 56 18 0 0 0 1 Apartments/Senior Facilities 268 0 0 110 0 0 Commercial 58 62 66 74 61 2t Total Number of All Permits 431 120 134 282 109 31 2018 2019 2020 20232022 g:\admin\forms\building permit activity 2023 ytd.doc Total Permit Historv 202t 410 BUILDING PERMIT DATA 2023 5t4t2023 2023 Itm ,ANUARY FEBRUARY MARCH APRIL MAY Subtotals Pcmils Units Valuation Pcmits Bld3.Unib Valuation Pmits Bld6.Unib Valuation Pcmits Blds.Valuation Pcmits Valuation Pmib Blds.lJnits Sction I R6id@tial SF DETACHED l0l $0 4 4 4 $2,157.144 3 3 3 $ 1.052.71 I 3 3 3 $l,396.337 l0 l0 l0 $4.606.192 iF ATTACHED t02 0 0 0 $ 2-FAMILY 103 I 0 0 $ ] 4 FAMILY t04 0 0 0 s 5 OR MORE FAMILY r05 0 0 0 $ Subtotal r09 0 0 0 $o 4 4 4 s2,t51,144 3 3 3 $1,052,71 I l l 3 $r,396,3J7 $o l0 l0 l0 $4.606.t 92 S€tion 2 R6idmtial- Non HOTELSA,IOTELS 2t3 0 0 0 $ ITHER 214 0 0 0 $ Subtolal $0 $o $0 $o $0 $o 0 0 $ 318 0 0 0 $ Churchc 3l 0 0 0 $ Indusrial 320 $ P.rking 321 0 0 0 $ Sflicc StatiorVR@air 322 0 0 0 $ HosDilaVlnstitutional 321 0 $ Offi cc/Banks/Profasional 124 0 0 0 $ Public works 325 0 0 0 $ Schmls 126 0 0 0 $ Stor6 12't I I $t20.000 I I 0 3 120-000 Oth6 328 I s22-000 I I $9,975 2 I 0 $ 31,9?5 129 0 0 0 $ I $22.000 $129-975 $0 $0 $o 2 0 s t5t.91S Setion 4 Additio6 R6id6tial 176 176 $1.26E.366 47 47 $ l-6?9-776 58 5{i $2-007-92s 6l 6l s2-4 ls-076 Nonr6idotial 437 4 4 s563 96u 1 7 $r,827,s99 4 4 $684.139 5 5 $224.685 Garag6 438 2 2 $245.750 subtota I lto t80 $1.E32.329 54 54 s3_s07-37s 62 62 s2.692.264 6{i 68 s2-885-5ll $o $0 Setion 5 D@olition iF Atachcd 645 0 0 0 $ 2 Familv 646 0 0 0 $ 1.4 family 647 0 0 0 S 5 or morc familv 648 0 0 0 $ Othd 649 0 0 0 $ Subtotal $0 $0 $0 0 0 0 $ TOTAI,S GIPLAN\CENSUS\RPT 2023.x|s I ------l-----L r0 I Lttl i $022 I 3121 !421 ol s 7!1t,t1zlffiiffi $0 I --1--l-l s,$0 411