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06-05-2023 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 Chanhassen Bluffs Sports Complex Update A.2 Permitted, Conditional, and Interim Uses within the Central Business Zoning District A.3 Future Work Session Schedule B.7:00 P.M. - CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS 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 22, 2023 D.2 Receive Park & Recreation Commission Meeting Minutes dated April 25, 2023 D.3 Receive Commission on Aging Meeting Minutes dated April 21, 2023 D.4 Approve Claims Paid dated June 5, 2023 D.5 Approve an Encroachment Agreement between the City of Chanhassen and Colby Skelton and Charlotte Skelton AGENDA CHANHASSEN CITY COUNCIL MONDAY, JUNE 5, 2023 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD 1 D.6 Approve Temporary On-Sale Liquor License, St. Hubert Catholic Community, Harvest Festival on September 23, 2023 D.7 Approve Agreement for Library A/C Condenser Repair D.8 Resolution 2023-XX: Approve Construction Materials Testing Agreement for the 2023 City Pavement Rehabilitation Project (Project No. 23-01) and the 2023 Mill and Overlay Project (Project No. 23-04) D.9 Ordinance XXX: Consider Amending Chapter 20, Zoning, Chapter 18, Subdivisions, and Chapter 13, Nuisances E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda). F.PUBLIC HEARINGS G.GENERAL BUSINESS H.COUNCIL PRESENTATIONS I.ADMINISTRATIVE PRESENTATIONS J.CORRESPONDENCE DISCUSSION 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. 2 Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. Comments may also be emailed to the City Council at council@chanhassenmn.gov. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Tequila Butcher, 590 West 79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. 3 City Council Item June 5, 2023 Item Chanhassen Bluffs Sports Complex Update File No.Item No: A.1 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Laurie Hokkanen, City Manager Reviewed By SUGGESTED ACTION Update Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY The City Council will continue ongoing discussions about the project. See https://www.chanhassenmn.gov/government/projects/chanhassen-bluffs-sports-complex for additional information. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 4 ATTACHMENTS 5 City Council Item June 5, 2023 Item Permitted, Conditional, and Interim Uses within the Central Business Zoning District File No.Item No: A.2 Agenda Section 5:30 P.M. - WORK SESSION Prepared By Eric Maass, Planning Director Reviewed By Laurie Hokkanen SUGGESTED ACTION Council feedback on potential revisions to the list of permitted, conditional, and interim uses within the Central Business Zoning District (CBD). Motion Type N/A Strategic Priority Development & Redevelopment SUMMARY The Planning Department is seeking council feedback as it relates to potential alterations to the uses allowed within the Central Business District (CBD) zoning designation. This is a timely discussion as redevelopment opportunities within the downtown area of Chanhassen are beginning to emerge, and the zoning ordinance is one of the primary tools the city has in regulating the way in which redevelopment occurs. BACKGROUND DISCUSSION Staff has provided a series of recommended revisions to permitted, conditional, and interim uses with the CBD zoning. Revisions included have been proposed based on eliminating redundancies or uses 6 thought to no longer be compatible with the goals the city has outlined for the downtown area. BUDGET RECOMMENDATION Staff is seeking general feedback from the City Council as it relates to potential amendments to the Central Business Zoning District (CBD). ATTACHMENTS CBD Zoning District Uses 7 Sec 20-731 Intent The intent of the "CBD" District is to provide a concentration of specialized goods and services, commercial and office spaces including cultural, entertainment, finance, restaurants, retail, and multi-family development that are accessible and in conformance with downtown visioning plans, goals and objectives. (Ord. No. 80, Art. V, § 12(5-12-1), 12-15-86) Sec 20-732 Permitted Uses The following uses are permitted in a "CBD" District: 1. Ballroom. 2. Barber and beauty salons and spas including hair, nail, skin and scalp services. 3. Bars and taverns. 4. Bowling center. 5. Brew pub, subject to the requirements of section 20-968. 6. Brewery operated in conjunction with a taproom producing less than 3,500 barrels per year, subject to the requirements of section 20-969. 7. Clubs and lodges. 8. 9. Community center. 10. Convention and conference facilities. 11. Cultural facilities. 12. Day care center 13. Financial institutions. 14. Health and recreation clubs, instructions and services. 15. Outpatient health services 16. Hotels. 17. Laundry and garment services including self-service. 18. Microdistillery operated in conjunction with a cocktail room, subject to the requirements of section 20-967. 19. Multiple-family dwellings 20. Offices. 21. Parking ramp. 22. Retail sales. 23. Shopping center. 24. Restaurants without a drive through. 25. Tattoo and body art and piercing services (M.S. ch. 146B). 26. Theatrical producers and services. (Ord. No. 80, Art. V, § 12(5-12-2), 12-15-86; Ord. No. 214, § 1, 7-11-94; Ord. No. 377, § 100, 5-24- 04; Ord. No. 514, § 1, 11-22-10; Ord. No. 632, § 9, 6-11-18) Sec 20-733 Permitted Accessory Uses The following are permitted accessory uses in a "CBD" District: 8 1. Parking lots and ramps. 2. Signs. 3. Temporary outdoor sales and events (subject to the requirements of section 20-964). 4. Accessory Solar Energy Systems (subject to the requirements of section 20-1093). 5. Antennas as regulated by article 20 sections 1500 through 1522 of this chapter. 6. Utility service. (Ord. No. 80, Art. V, § 12(5-12-3), 12-15-86; Ord. No. 243, § 7, 2-13-95; Ord. No. 377, § 101, 5-24- 04; Ord. No. 514, § 2, 11-22-10; Ord. No. 651, § 19, 12-9-19) Sec 20-734 Conditional Uses The following are conditional uses in a "CBD" District: 1. Brewery operated in conjunction with a taproom, producing over 3,500 barrels per year. (Ord. No. 80, Art. V, § 12(5-12-4), 12-15-86; Ord. No. 120, § 4(9), 2-12-90; Ord. No. 628, § 35, 12- 11-17; Ord. No. 632, § 10, 6-11-18) State law reference(s)—Conditional uses, M.S. § 462.3595. Sec 20-735 Interim Uses The following are interim uses in the "CBD" District: 1. Reserved. 2. Farmers markets. (Ord. No. 120, § 3, 2-12-90; Ord. No. 243, § 8, 2-13-95) Sec 20-736 Lot Requirements And Setbacks The following minimum requirements shall be observed in a "CBD" District subject to additional requirements, exceptions and modifications set forth in this chapter: 1. The minimum lot area is 10,000 square feet. 2. The minimum lot frontage is 100 feet, except lots fronting on a cul-de-sac shall have a minimum frontage of 60 feet in all districts. 3. The minimum lot depth is 100 feet. 4. There is no maximum lot coverage. 5. There are no minimum setback requirements for front, rear or side yard. 6. There are no maximum height requirements for principal or accessory structures. (Ord. No. 80, Art. V, § 12(5-12-5), 12-15-86) 9 10 City Council Item June 5, 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 26, 2023 2024 Preliminary Budget and Levy Discussion City Council Roundtable July 10, 2023 Presentation of Audit Results, Redpath Organizational Study/Staffing Study Presentation, Raftelis July 24, 2023 BACKGROUND 11 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 12 City Council Item June 5, 2023 Item Approve City Council Minutes dated May 22, 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 22, 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 22, 2023 13 City Council Regular Meeting Minutes dated May 22, 2023 14 CHANHASSEN CITY COUNCIL WORK SESSION MINUTES MAY 22, 2023 Mayor Ryan called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilwoman Schubert, Councilman von Oven, and Councilman Kimber. COUNCIL MEMBERS ABSENT:Councilman McDonald. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Eric Maass, Planning Director; Charlie Howley, Public Works Director/City Engineer; Jerry Ruegemer, Park & Recreation Director; Ari Lyksett, Communications Director; Amy Schmidt, City Attorney; Jack Brookshank, City Attorney; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Gary Hansen, Hansen Hometech Charlie Hansen, Hansen Hometech Darin Duch, Magney Architecture SKETCH PLAN REVIEW: SANTA VERA PUD PHASE II Planning Director Eric Maass stated that the initial proposal for the Santa Vera Planned Unit Development (PUD) site was reviewed in July 2022. The goal for tonight is for the council to review a new site plan sketch and proposed PUD amendments and provide feedback to the applicant prior to them investing in preparing and submitting a full application and plan set for initial review by the Planning Commission. This proposal includes an apartment building, townhomes, and single family homes and will require a PUD amendment which the city has broad discretion on whether or not to amend the PUD. The Planning Commission reviewed this sketch plan at their May 16, 2023 meeting. Generally speaking, the Planning Commission was supportive of the proposal. They were happy to see that the addition of a third story to the existing apartment building was removed from the initial proposal due to neighborhood concerns and that the proposed additional apartment building was a good fit on the western edge of the property away from Laredo Drive, and that there was additional buffering from the proposed additional housing units. All of the internal roadways would be private. Staff noted that the city has some upcoming road projects in the area and is likely going to need to find opportunities for stormwater retention. This submittal would provide an opportunity to coincide with these projects. Developers Gary Hansen and son Charlie Hansen of Hansen Hometech, and architect Darin Duch of Magney Architecture were introduced. Mr. Charlie Hansen provided a high-level overview of the site plan, stating that the goal is to preserve the trees as well as improve the appearance of the undeveloped portion of the site. The exterior of the existing apartment building is planned to be updated to blend in with the new buildings in the proposed project. They have been working with the Riley Purgatory Bluff Creek Watershed District to meet stormwater requirements. One of the inspirations for this project was the white Kerber farmhouse located to the north of the site, taking the house design elements and incorporating them into the new buildings in the proposed development. 15 City Council Work Session Minutes – May 22, 2023 2 Mr. Duch reviewed the building concept designs that were inspired by the Kerber farmhouse. The backside of the existing apartment garage unit facing the street would be a darker color to provide a linear sightline. The new 32-unit apartment complex will be three stories and constructed as three separate buildings connected by “bridges”. The entrance to the existing apartment building will remain off Santa Vera Drive. A separate entrance will be built off of Laredo Drive to serve the new apartments, townhomes, and single-family homes. Mr. Maass noted that the Planning Commission liked the addition of the sidewalk to the site, which is a much-needed improvement to the neighborhood and will complete the sidewalk system in the area. Mr. Maass reiterated that the purpose of tonight’s presentation was to gather council feedback for the applicant on their proposal and the request for PUD amendments to allow the construction of the townhomes and the single-family homes in addition to the apartments. Mayor Ryan asked the council to ask questions and provide constructive feedback for the applicant. Council asked about traffic circulation within the site, confirming the reduction in the number of single- family homes, design materials, updates to the existing apartment building, traffic circulation within the site, and clarification of the desired demographic for the apartments. Gary Hansen responded that the apartment building could be designated for adults 55+ and that the design intention is to promote a humble feeling on the site. Design development will be the next step. Overall, the council liked the concept and requested that the developer use a thoughtful approach to the landscaping plan and tree preservation. Mayor Ryan thanked the developers and architect for their hard work on the project, listening to the neighbors, and revising the project. DISCUSS THC AND ADULT-USE CANNABIS LEGISLATION City Manager Laurie Hokkanen introduced attorneys Jack Brooksbank and Amy Schmidt from Campbell Knutson. Mr. Brooksbank presented an overview of the recent cannabis legislation. Both houses passed the legislation, and Governor Walz has pledged to sign the bill. He reviewed the high- level plan for the following next steps in the process: Legalizing private individual purchase, possession, use, and limited growing (8 plants per residence) starting August 1, 2023 Commercial growth, processing, and sales under the regulation of the new State Office of Cannabis Management (OCM) starting as early as January 1, 2024 Expungement of convictions under previous laws to be handled through the Bureau of Criminal Apprehension (BCA). The OCM will be a state administrative agency to be created on July 1, 2023. The OCM will conduct studies and provide reports, regulate the cannabis industry, and take over the medical cannabis program starting in 2025. Permitted and restricted uses were reviewed, as well as commercial/retail regulations. Commercial operations could begin on January 1, 2024, but every indication states it will take longer. Licensing will be issued by the state, and cities will be preempted from becoming involved in allowing businesses within the city; however, cities will be able to restrict retail locations to specific zoning areas, specific regulations exempted from preemptions, and enforcement and compliance. 16 City Council Work Session Minutes – May 22, 2023 3 Cultivation licensing, size limits, and rules were reviewed. Retail sales will be subject to state licensing and regulation. There will be restrictions on the size and number of retail locations as well as restrictions on concurrent licenses held. Retailers will also be subject to compliance requirements. The state will issue licenses based on demonstrated compliance with regulations and equity score, including consideration of the applicant, proposed location, and market conditions. Current products will remain legal without change until January 1, 2024, when they will also be governed by state licensing. The state will issue licenses; cities are generally preempted; they may not ban use, possession, or transportation and may not prohibit businesses from operating if licensed by the state. Cities may adopt ordinances adopting reasonable restrictions on the time, place, and manner of the operation of a cannabis business and incorporate setbacks from schools, daycares, residential treatment facilities, or attractions within a public park that is regularly used by minors, like a playground. The city will be involved in the state licensing process by certifying that the proposed business complies with zoning, fire code, and building code. The city may provide any additional information it believes is relevant to the application, such as concerns about location or specific to the applicant. Cities will be required to issue registrations if all license requirements are met, and the city may impose registration fees for the initial registration. Registration renewal may also limit the number of full-strength registrations available, i.e., not fewer than one license per 12,500 residents. The city may decline registration if there is one active registration per 12,500 residents county-wide. Cities are responsible for conducting compliance checks for age verification and operation requirements. Compliance checks must occur at least once a year for each permit holder. The OCM will set up a complaint process to report license violations and must give cities an expedited process. Penalties include 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; however, the city has limited suspension power. Mr. Brooksbank reviewed how this legislation will be financed, including $70 million in state appropriations for initial funding and long-term funding from a 10% sales tax. Of the 10% sales tax collected, 80% will go to general revenue, and 20% will be dedicated to a local government aid account (50% to counties and 50% to cities). Distribution will be based on the share of total cannabis businesses located in each city. The OCM will be charged with compiling informational reports and setting initial regulations, as well as drafting model ordinances for cities. State aid will be provided for local law enforcement, including training for compliance enforcement, financial aid for local law enforcement training, and state support for enforcement activities. The city may issue a new moratorium on cannabis businesses lasting until January 1, 2025. Suggested next steps for the city are to start thinking about zoning, review general regulations, business regulations, state model ordinances, police, internal policy, and use regulations. 17 City Council Work Session Minutes – May 22, 2023 4 FUTURE WORK SESSION SCHEDULE June 5, 2023 (meeting moved from June 12) Chanhassen Bluffs Sports Complex Update June 26, 2023 2024 Preliminary Budget and Levy Discussion City Council Roundtable July 10, 2023 Presentation of Audit Results, Redpath Organizational Study/Staffing Study Presentation, Raftelis The work session adjourned at 6:55 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 18 City Council Work Session Minutes – May 22, 2023 5 19 CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES MAY 22, 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 von Oven, and Councilman Kimber. COUNCIL MEMBERS ABSENT:Councilman McDonald. STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager; Charlie Howley, Director of Public Works/City Engineer; Erik Henricksen, Project Engineer; Jerry Ruegemer, Park & Recreation Director; Rick Rice, IT Manager; Ari Lyksett, Communications Manager; Amy Schmidt, City Attorney; and Kim Meuwissen, City Clerk. PUBLIC PRESENT: Patrick Jones Chanhassen and Victoria Library Manager Jodi Edstrom Carver County Library Director PUBLIC ANNOUNCEMENTS: 1. National Public Works Week Proclamation Mayor Ryan read in full a proclamation declaring the week of May 21-27, 2023 as Public Works Week. She recognized the Public Works Department for their work managing physical infrastructure within the city. Public Works staff in attendance included Charlie Howley, Public Works Director/City Engineer; Erik Henricksen, Project Engineer; Charlie Burke, Operations Manager; Jerry Ruegemer, Park and Recreation Director; Adam Beers, Park Superintendent; Gary Berg, Park Foreman; Ryan Lannon, Street Foreman; and Mike Wegner, Water Production Technician. 2. Invitation to Memorial Day Ceremony – May 29, 2023 Mayor Ryan invited the public to attend the May 29, 2023 Memorial Day Ceremony at City Center Park. She noted that this event will be co-hosted with the Chanhassen American Legion Post 280 and reviewed the cemetery services that will take place with keynote speakers. 3. Old National Bank Sponsorship Recognition Mayor Ryan recognized and thanked Old National Bank for their generous support of the City of Chanhassen’s Summer Concert Series Program, noting it will be sponsoring this summer’s 20 City Council Minutes – May 22, 2023 2 concert series for the 16th season. She noted the concerts would not be possible without the generous support of Old National Bank, noting they contributed $3,000 towards the events in 2023. Old National Bank representatives in attendance were Huy Vu, Banking Center Manager, Casey Merkwan, Community Marketing & Communications Manager, and Cindy Nash, Community Marketing Manager. CONSENT AGENDA: Councilman von Oven moved, Councilman Kimber seconded that the City Council approve the following consent agenda items 1 through 19 pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated May 8, 2023 2. Receive Planning Commission Minutes dated April 18, 2023 3. Receive Planning Commission Minutes dated March 21, 2023 4. Receive Environmental Commission Minutes dated April 12, 2023 5. Receive Economic Development Commission Minutes dated April 11, 2023 6. Approve Claims Paid dated May 22, 2023 7. Approve Permit for Fireworks Display at Lake Minnewashta, July 3, 2023 8. Approve Permit for Fireworks Display at Lake Ann Park, July 4, 2023 9. Approve an Encroachment Agreement between the City of Chanhassen and Bria Homstad and Scott Homstad 10. Approve Publication Request for Proposals for Civic Campus Construction Manager Services 11. Appoint Cohen Lee to the Economic Development Commission as a Youth Commissioner 12. Approve Purchase of Laserfiche Enterprise License Upgrade 13.Resolution 2023-49: Authorize Signature: Proposals from HKGI to Update the Downtown Design Guidelines as well as the Downtown Wayfinding and Signage Plan 14. Authorize Contractual Agreements for Schematic Design with Architectural Firm BKV for the Civic Campus Project 15.Resolution 2023-43:Accept 2023 Community Events Sponsorship Donations from Area Business 16.Resolution 2023-44:Authorize Vegetation Management Services Contract for 2023 21 City Council Minutes – May 22, 2023 3 17.Resolution 2023-45:Approve Settlement Agreement for Parcel 18 as part of the CSAH 101 Improvement Project 18.Resolution 2023-46:Support for Submittal of a Local Partnership Program Funding Application for the MMSW Roundabout 19.Ordinance 709: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 All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. 1. State of the Library – Patrick Jones and Jodi Edstrom Mayor Ryan introduced and welcomed Patrick Jones, Library Manager, and Jodi Edstrom, Carver County Library Director. Mr. Jones provided a State of the Library PowerPoint presentation detailing library operations and community engagement. Ms. Edstrom noted they celebrated one million checkouts in 2022, a return to in-person programming, and increased e-book and audio checkouts. She noted that 2022 also brought an increased partnership with Health and Human Services, an intergenerational services team, and the development of a five-year strategic plan. Mr. Jones shared about circulation, the increase of young children checking items out, adult and youth programming, teen volunteers, and community outreach. PUBLIC HEARINGS. 1. Resolution 2023-47: Accept the Bids and Award the Contract for the 2023 Mill & Overlay Project; and Resolution 2023-48: Adopt Final Assessment Roll Project Engineer Henricksen gave a presentation on the 2023 Mill and Overlay Project, key dates related to this project, the approved plans and specifications, and the five responsive bids received that ranged from $146,914.37 to $198,498.30. He explained the difference between a mill and overlay and full-depth reclamation of the roads and shared about public notice, including notification letters and assessment amounts, two open houses, and tonight’s public hearing. Mr. Henricksen stated that staff recommends the City Council hold a public hearing and adopt a resolution accepting the bids and approving a contract with Northwest Asphalt. Staff also 22 City Council Minutes – May 22, 2023 4 recommends that the City Council adopt a resolution adopting the final assessment roll for the 2023 Mill and Overlay Project No. 23-04. Mayor Ryan opened the public hearing. There were no public comments. Mayor Ryan closed the public hearing and returned the discussion to the City Council. Councilwoman Schubert moved, Councilman von Oven seconded that the Chanhassen City Council adopt a Resolution Accepting the Bids and Awarding a Contract for the 2023 Mill & Overlay Project and adopt the assessment roll for the 2023 Project No. 23-04. All voted in favor and the motion carried unanimously with a vote of 4 to 0. GENERAL BUSINESS.None. COUNCIL PRESENTATIONS.None. ADMINISTRATIVE PRESENTATIONS. Ms. Hokkanen asked for a motion that the City Council has received the following report. 1. Annual Fire Department Report Councilman Kimber moved, Councilwoman Schubert seconded that the City Council receive the Annual Fire Department Report. All voted in favor and the motion carried unanimously with a vote of 4 to 0. CORRESPONDENCE DISCUSSION. 1. 2023 Building Permit Activity Councilwoman Schubert moved, Councilman von Oven seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The City Council meeting was adjourned at 7:37 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen City Clerk 23 City Council Item June 5, 2023 Item Receive Park & Recreation Commission Meeting Minutes dated April 25, 2023 File No.Item No: D.2 Agenda Section CONSENT AGENDA Prepared By Amy Weidman, Admin Support Specialist Reviewed By SUGGESTED ACTION "The Chanhassen City Council receives the Park & Recreation Commission Meeting Minutes dated April 25, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 24 Park & Recreation Commission Meeting Minutes dated April 25, 2023 25 CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING MINUTES APRIL 25, 2023 Park and Recreation Director Ruegemer called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Rob Swanson, Jim Peck, Don Vasatka, Scott Pharis, Dan Eidsmo, Matt Kutz, Youth Commissioner Alex Jerdee. MEMBERS ABSENT: Heather Markert. STAFF PRESENT: Jerry Ruegemer, Park and Recreation Director; Priya Tandon, Recreation Manager; Kim Meuwissen, City Clerk. PUBLIC PRESENT: Judy Harder. OATH OF OFFICE: City Clerk Meuwissen led Rob Swanson, Jim Peck, and Scott Pharis in their Oaths of Office for three-year terms ending March 31, 2026. NOMINATION AND APPOINTMENT OF 2023/24 CHAIR AND VICE-CHAIR: Mr. Ruegemer noted Commissioners Vasatka and Markert indicated interest in the Chair and Vice-Chair positions. Commissioner Eidsmo moved, Commissioner Peck seconded to nominate Don Vasatka as Chairman of the Park and Recreation Commission. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Commissioner Kutz moved, Commissioner Pharis seconded to nominate Heather Markert as Vice Chair of the Park and Recreation Commission. Commissioner Peck noted his interest in the Vice Chair position. Commissioner Eidsmo moved to nominate Jim Peck as Vice Chair of the Park and Recreation Commission. The motion failed for lack of a second. The motion to nominate Heather Markert as Vice Chair carried unanimously with a vote of 7 to 0. 26 Park and Recreation Commission Minutes – April 25, 2023 2 APPROVAL OF AGENDA: Commissioner Kutz moved, Commissioner Eidsmo seconded to approve the agenda as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS: Mr. Ruegemer shared about the Arbor Day event on May 6 at Bandimere Park. VISITOR PRESENTATIONS: None. APPROVAL OF MINUTES: APPROVE PARK & RECREATION MINUTES DATED MARCH 23, 2023 Commissioner Peck moved, Commissioner Kutz seconded to approve the Minutes of the Park and Recreation Commission Meeting dated March 23, 2023 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. GENERAL BUSINESS: 1. Recognize City Council Appointments to the Park and Recreation Commission Mr. Ruegemer welcomed Commissioners Pharis and Swanson, and noted the re-appointment of Commissioner Peck. He appreciates them serving their community. The new Commissioners shared about themselves and the reason they are interested in getting involved with the Commission. 2. Review Park and Recreation Commission Bylaws Mr. Ruegemer would like to look at the bylaws annually rather than every five years to be sure they are current. He asked the Commission to consider the start time that the meetings are held and whether they want to change to an earlier time. Mr. Ruegemer spoke about including the process of adding items to the Agenda within the bylaws. The Commissioners discussed changing the start time of the meetings to 6:00 p.m., and to include the process for adding items to the Agenda within the bylaws. Commissioner Peck moved, Commissioner Eidsmo seconded, to include within the bylaws the adjusted start time of the Park and Recreation Commission meeting to 6:00 p.m. and the inclusion of the process for adding items to the Agenda. All voted in favor and the motion carried unanimously with a vote of 7 to 0. 27 Park and Recreation Commission Minutes – April 25, 2023 3 Commissioner Pharis moved, Commissioner Swanson seconded, to adjust the review of the bylaws from every five years to annually. All voted in favor and the motion carried unanimously with a vote of 7 to 0. REPORTS: 1. Easter Egg Candy Hunt Evaluation Recreation Manager Tandon gave a review of the 40th annual Easter Egg Candy Hunt, noting it was held on Saturday, April 8 in two waves at City Center Park. Over 2,000 people attended the event this year. In total, 870 children registered for the event, which is the highest number of participants seen to date. Of the total registrations, 706 were pre-registrations and 164 were day- of with 39 being processed with the Square card-reading technology. The weather was in the 40's and sunny, one of the first nice days of the year, which likely contributed to the high participation. Due to wet and muddy field conditions left from the melting snow, the event was moved to the parking area west of City Hall. The parking lot space was approximately 50% of the size of the normal hunt area, which resulted in some crowding, but overall the switch in location provided for a more positive participant experience. All participants received a goodie bag to collect candy and eggs, and were divided into three age groups. In addition to candy and eggs, kids had the opportunity to hunt for free custard tokens donated by Culver's Chanhassen, and "golden eggs" that were redeemable for prizes. Ms. Tandon noted adjustments for 2024 including age-group adjustments and eliminating the goodie bags to purchase more eggs and candy. Commissioner Eidsmo noted he worked with a group from Eden Prairie High School and the City did a good job in getting people from outside the community to volunteer. Commissioner Pharis asked about the budget noting they went over the budget of $1,700. He asked if that is due to the large participation. Ms. Tandon replied that number is slightly outdated and is based on the 2016-2019 levels of participation. Mr. Ruegemer shared that they will discuss budget with the Finance Department to adjust numbers accordingly for the following year. Commissioner Kutz shared his desire for the revenues made by the event to stay within that event’s budget. Mr. Ruegemer explained if they make money on an event, it goes back in to the General Fund for revenue; he noted the City does not make positive revenues on all events, such as the 4th of July Celebration. 28 Park and Recreation Commission Minutes – April 25, 2023 4 Mr. Ruegemer spoke about the Park and Recreation Commission Handbook, which is a new document created and reviewed at the February meeting. He will make changes to the bylaws and meeting calendar. COMMISSION MEMBER COMMITTEE REPORTS: None. COMMISSION MEMBER PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. ADJOURNMENT: Commissioner Peck moved, Commissioner Pharis seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Park and Recreation Commission meeting was adjourned at 7:39 p.m. Submitted by Jerry Ruegemer Park and Recreation Director Prepared by Amy Weidman Administrative Support Specialist 29 City Council Item June 5, 2023 Item Receive Commission on Aging Meeting Minutes dated April 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 Commission on Aging Meeting Minutes dated April 21, 2023 Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND DISCUSSION BUDGET RECOMMENDATION ATTACHMENTS 30 Aging Meeting Minutes dated April 21, 2023 31 CHANHASSEN COMMISSION ON AGING MINUTES April 21, 2023 CALL TO ORDER Eric Maass called the meeting to order at 10:00. MEMBERS PRESENT: Laura Baumtrog, Gwen Block, Jim Camarata (Zoom), Kara Cassidy, Ruth Lunde, Beth Mason, Bhakti Modi (Zoom), and Ruth Slivken. MEMBERS ABSENT: None STAFF PRESENT: Mary Blazanin, Senior Center Coordinator, Bob Generous, Senior Planner, Eric Maass, Planning Director, and Jenny Potter, Senior Administrative Support Specialist. GUESTS PRESENT: Barbara Hicks, Linnéa Fonnest, Adults Services Librarian, Chanhassen Library, Dawn Plumer, Carver County Public Health. Oaths of Office: Jenny Potter administered the oaths of office for Commissioners Laura Baumtog, Gwen Block, Beth Mason, and Ruth Slivken. Each Commission then executed the oaths. APPROVAL OF AGENDA Commissioner Camarata moved the order of the agenda to place 5.A. before 3.A. Commissioner Camarata moved to approve the Agenda. Commissioner Slivken seconded the motion. All voted in favor and the motion carried. Election of Officers Commissioner Camarata nominated Ruth Lunde as Chair and Commissioner Cassidy seconded the nomination. Commissioner Lunde stated that she would be willing to serve. The Commissioners all voted in favor and the motion passed. Commissioner Lunde nominated Jim Camarata as Vice-Chair and Commissioner Modi seconded the nomination. Commissioner Camarata stated that he would be willing to serve. The Commissioners all voted in favor and the motion passed. Commission on Aging Minutes March 17, 2023: Commissioner Camarata moved to approve the minutes. Commissioner Cassidy seconded the motion. All members except the new commissioners voted in favor and the motion carried. DISCUSSION ITEMS 32 Arbor Day Invitation – Saturday, May 6, 2023, from 9 – 10 am, rain or shine, Bandimere Community Park – 9405 Great Plains Boulevard, north parking lot by the playground area. Several members stated that they would be in attendance. It is great to add trees to the community. July 4th Bingo Event Update Chair Lunde explained that this was a fundraising event held by the Commission on Aging at the 4th of July celebration. The Commission on Aging invites businesses to contribute prizes to raise money for the cause – Minnesota Assistance Council for Veterans (MACV). The Commissioners will divvy up the letters which have been prepared by Sharmeen and ask for business support to raise funds for MACV. Mary Blazanin will coordinate the list of Commissioner and the businesses. The donations will be collected by Eric Maass. Memorial Day on Monday, May 29th, 2023 at Noon, City Center Park The Commission on Aging has a table at the event to promote Commission activities and programs. Jerry Cerchia will be present at the event. Two Additional Commissioners volunteered to attend: Commissioners Mason and Slivken GOALS/STRATEGIC PLAN: Commission Camarata requested that since there were new people everyone should introduce themselves. Chair Lunde directed that people should give a brief description. The members in attendance went around and gave a one-minute or less introduction of themselves. Appointment of Senior Center Volunteer Corps Representative Mary Blazanin explained that the Commission on Aging appoints a member to act as a liaison to the group which consists of 8 – 10 seniors who meet monthly to discuss programs at the Senior Center. Commissioner Block stated that she would volunteer. Commissioner Cassidy moved to appoint Commissioner Block as liaison, Commissioner Camarata seconded the appointment. The Commission voted unanimously to appoint Commissioner Block. Approval of Onboarding Document Commissioner Cassidy noted that her zip code was incorrect. The Commission also noted that the Chair and Vice Chair need to be updated. Commissioner Cassidy moved to adopt the Onboarding Document subject to the revisions noted. Commissioner Camarata seconded the motion. The Commission voted unanimously to approve the Onboarding Document. Goals and Objectives. Chair Lunde stated that the Commission on Aging had adopted several strategic goals for the group to pursue. The Commission’s five strategic goals include: 33  Strategic Area: Housing  Strategic Area: Transportation and Mobility  Strategic Area: Information, Education and Outreach.  Strategic Area: Opportunities for People to Interact  Strategic Area: Maintain and Foster a Sense of Safety and Security Chair Lunde noted that the Commission on Aging had advocated for affordable senior housing as part of the Lake Place development. The city created a Tax Increment Financing District to assist in providing these units. 50 of the 110 units in the building are to be affordable to seniors at 60 percent or less of the area median income. There was additional discussion about various safety programs that were held through the Senior Center. Chair Lunde noted that the city had held an open house regarding City Hall on April 20, 2023. Commissioner Baumtrog said that it was very well organized and there appeared to be mostly in support of the plan. However, there are lots of issues to discuss and it may require a raise in taxes. VISITOR PRESENTATION Community Health Update: Dawn Plummer noted that a senior health program funding using COVID relief funds fell through. Plummer told the commission that a 2nd bivalent booster for COVID was approved for those 65 and older or with other risk factors. The County has free at- home COVID tests available. Countywide, there are monthly free food distribution events available for seniors. Library Adult Program Update: Linnea Fonnest, Adults Services Librarian, shared all the upcoming programs that will be offered by the library. She noted that she was impressed by the Senior Center’s many programs and they tried not to duplicate them. Programs that were covered included: • Book sale at the library. Helps to fund their programs. There is a buy one get one free coupon available. • All Ages or Generations • Art/Poetry Mash-up • Chess Club • Planting a Seed • May is Mental Health Awareness Month  Mindfulness Mondays in May: Yoga at the Library for Every Body • Cooking in the Kitchen • Adults • Women’s History Month • Home & Garden • Author Talk • Readers & Writers • Music in May 34 • Chan-o-laires in Concert • Carnatic Music and National Instrument of India • Curtis & Loretta “Where there’s good to be done”. • Lehto & Wright • Summer of Youth Programming The library has intergeneration opportunities including board games and play events. Provided a discussion about reading programs and the need to keep the youth reading during the summer months. Fonnest told the Commission that the library was celebrating its 20th Anniversary this year. COMMISSION PRESENTATIONS Commission on Ageing Comments: The new Commissioners were welcomed to the Commission. Chair Lunde shared that the Chanhassen Villager had an article about Sharmeen Al-Jaff in its last edition (April 20, 2023). She also shared that Chanhassen Neighbors had a story about Lee who has several pictures around the Senior Center. MONTHLY REPORTS None ADJOURNMENT: Chair Lunde called for meeting adjournment. Commissioner Cassidy moved to adjourn; Commissioner Slivken seconded the motion. All voted in favor and the motion carried. Prepared and submitted by Eric Maass, Planning Director and Bob Generous, Senior Planner 35 City Council Item June 5, 2023 Item Approve Claims Paid dated June 5, 2023 File No.Item No: D.4 Agenda Section CONSENT AGENDA Prepared By Danielle Washburn, Assistant Finance Director Reviewed By Kelly Grinnell SUGGESTED ACTION "The Chanhassen City Council Approves Claims Paid dated June 5, 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 June 5, 2023: Total Claims $1,365,028.99 BUDGET RECOMMENDATION 36 ATTACHMENTS Payment Summary Payment Detail 37 Accounts Payable Checks by Date - Summary Vendor Name Check Date Void Checks Check Amount Advanced Engineering & Environmental Services, LLC 05/18/2023 0.00 2,018.25 ALEX AIR APPARATUS 2 LLC 05/18/2023 0.00 305.00 AMERICAN ENGINEERING TESTING 05/18/2023 0.00 584.50 Aspen Equipment 05/18/2023 0.00 332.24 BOLTON & MENK INC 05/18/2023 0.00 864.00 CAMPBELL KNUTSON 05/18/2023 0.00 16,816.57 CENTERPOINT ENERGY MINNEGASCO 05/18/2023 0.00 1,381.60 Cintas Corporation No. 2 05/18/2023 0.00 35.47 COMMUNITY EDUCATION ISD 112 05/18/2023 0.00 2,207.50 COMPUTER INTEGRATION TECHN. 05/18/2023 0.00 526.40 FACTORY MOTOR PARTS COMPANY 05/18/2023 0.00 1,577.68 FASTENAL COMPANY 05/18/2023 0.00 4.84 Go Gymnastics 05/18/2023 0.00 2,193.75 Great Plains Fire 05/18/2023 0.00 275.00 HANSEN THORP PELLINEN OLSON 05/18/2023 0.00 10,349.95 HENNEPIN COUNTY 05/18/2023 0.00 25.00 HOISINGTON KOEGLER GROUP 05/18/2023 0.00 14,796.00 Innovative Office Solutions LLC 05/18/2023 0.00 134.90 Jeff Kullberg 05/18/2023 0.00 32.20 Juli Al-Hilwani 05/18/2023 0.00 172.50 Lockridge Grindal Nauen P.L.L.P 05/18/2023 0.00 3,333.33 Marco Inc 05/18/2023 0.00 735.00 Marcus and Eileen Joseph 05/18/2023 0.00 250.00 METROPOLITAN COUNCIL 05/18/2023 0.00 209,768.98 Metropolitan Council, Env Svcs 05/18/2023 0.00 7,380.45 MIDWEST PLAYSCAPES 05/18/2023 0.00 2,821.00 Minnesota Safety Council 05/18/2023 0.00 276.00 Mitchel & Dawn Miller 05/18/2023 0.00 250.00 MN CITY/COUNTY MGMT ASSOC. 05/18/2023 0.00 230.80 MN VALLEY ELECTRIC COOP 05/18/2023 0.00 246.93 NAPA AUTO & TRUCK PARTS 05/18/2023 0.00 159.65 North American Safety, Inc. 05/18/2023 0.00 863.64 Paul Perkins 05/18/2023 0.00 250.00 Pierson Garden and Landscape 05/18/2023 0.00 500.00 Pine Products Inc 05/18/2023 0.00 220.00 Pioneer Photography 05/18/2023 0.00 250.00 Robert Skubic 05/18/2023 0.00 150.00 SANDRA NORDLING 05/18/2023 0.00 150.00 Southwest Rental & Sales 05/18/2023 0.00 949.38 Suncrest Builders 05/18/2023 0.00 2,800.00 TruNorth Solar LLC 05/18/2023 0.00 500.00 WAYTEK INC 05/18/2023 0.00 604.69 WM MUELLER & SONS INC 05/18/2023 0.00 881.60 Alan & Ellen Qureshi 05/25/2023 0.00 80.12 Page 1 of 3 38 Vendor Name Check Date Void Checks Check Amount AMERICAN ENGINEERING TESTING 05/25/2023 0.00 35,756.00 AMERICAN TIRE DISTRIBUTORS INC 05/25/2023 0.00 211.38 Aspen Equipment 05/25/2023 0.00 1,249.07 ASPEN MILLS 05/25/2023 0.00 83.96 B&H Manufacturing, Inc. 05/25/2023 0.00 240.26 Barr Engineering Company 05/25/2023 0.00 2,959.50 BARRY & NANCY VOGEL 05/25/2023 0.00 8.15 Biersdorf & Associates 05/25/2023 0.00 312,500.00 Bill McClintick 05/25/2023 0.00 315.00 Blue Water Plumbing Inc 05/25/2023 0.00 1.40 BURNET TITLE 05/25/2023 0.00 120.39 BURNET TITLE 05/25/2023 0.00 19.48 Carver County 05/25/2023 0.00 250.00 CenturyLink 05/25/2023 0.00 59.42 CITY OF CHASKA 05/25/2023 0.00 163.05 DCA TITLE 05/25/2023 0.00 81.01 Ferguson Waterworks #2518 05/25/2023 0.00 406.90 Fidelity Security Life 05/25/2023 0.00 286.35 GRAYBAR 05/25/2023 0.00 773.82 GREAT LAKES COCA-COLA DISTRIBUTION LLC 05/25/2023 0.00 895.91 Halla Family Limited Partnership 05/25/2023 0.00 526,450.00 HAWKINS CHEMICAL 05/25/2023 0.00 9,856.72 Indigo Signs 05/25/2023 0.00 390.50 Innovative Office Solutions LLC 05/25/2023 0.00 101.98 Jamie Marsh 05/25/2023 0.00 20.00 Kevin Miller 05/25/2023 0.00 50.00 KIM MEUWISSEN 05/25/2023 0.00 109.00 LANDTITLE 05/25/2023 0.00 23.05 Laurel SCHNABEL 05/25/2023 0.00 100.00 Lawson Products, Inc. 05/25/2023 0.00 414.40 LENZEN CHEVROLET BUICK 05/25/2023 0.00 348.53 Magney Construction, Inc. 05/25/2023 0.00 11,793.18 Melinda Colwell 05/25/2023 0.00 547.00 Minnesota Safety Council 05/25/2023 0.00 437.00 MINNESOTA TROPHIES & GIFTS 05/25/2023 0.00 555.00 MN Board of Water and Soil Resources 05/25/2023 0.00 505.00 MN CITY/COUNTY MGMT ASSOC. 05/25/2023 0.00 219.00 MN DEPT OF HEALTH 05/25/2023 0.00 20,934.00 MN DEPT OF TRANSPORTATION 05/25/2023 0.00 332.71 MN VALLEY ELECTRIC COOP 05/25/2023 0.00 135.18 Nuss Truck & Equipment 05/25/2023 0.00 118,722.00 PAUL & CAROL PAULSON 05/25/2023 0.00 32.14 Power Lift, Inc. 05/25/2023 0.00 184.68 RICHARD & PATRICIA BERG 05/25/2023 0.00 24.11 Sarah Geffre 05/25/2023 0.00 25.00 Shadywood Tree Experts and Landscaping 05/25/2023 0.00 2,465.00 SiteOne Landscape Supply 05/25/2023 0.00 30.59 SNAP-ON INDUSTRIAL 05/25/2023 0.00 36.51 Snow Kreilich Architects 05/25/2023 0.00 12,780.00 Taylor Electric Company, LLC 05/25/2023 0.00 2,880.00 TimeSaver Off Site Secretarial, Inc 05/25/2023 0.00 318.00 TIMOTHY HOLZER 05/25/2023 0.00 5.55 Tom Dahl 05/25/2023 0.00 114.00 Page 2 of 3 39 Vendor Name Check Date Void Checks Check Amount TRADEMARK TITLE SERVICES 05/25/2023 0.00 29.33 TRAFFIC CONTROL CORPORATION 05/25/2023 0.00 700.00 Universal Athletic Services, Inc. 05/25/2023 0.00 944.12 WATERMARK TITLE AGENCY 05/25/2023 0.00 13.02 WATERMARK TITLE AGENCY 05/25/2023 0.00 40.32 WATERMARK TITLE AGENCY 05/25/2023 0.00 9.01 WM MUELLER & SONS INC 05/25/2023 0.00 2,802.31 WS & D PERMIT SERVICE 05/25/2023 0.00 120.00 XCEL ENERGY INC 05/25/2023 0.00 4,515.08 Mitchell Czech 05/26/2023 0.00 250.00 Report Total:0.00 1,365,028.99 Page 3 of 3 40 AP Check Detail User: dwashburn Printed: 5/30/2023 10:33:41 AM Last Name Acct 1 Amount Check Date Description Advanced Engineering & Environmental Services, LLC 700-0000-4300 2,018.25 5/18/2023 2023 SCADA Services - 4/1/23 - 4/28/23 - Project P05126-2022-003 2,018.25 5/18/2023 Advanced Engineering & Environmental Services, LLC 2,018.25 ALEX AIR APPARATUS 2 LLC 101-1220-4530 305.00 5/18/2023 Quarterly Compressor Air Quality Test 305.00 5/18/2023 ALEX AIR APPARATUS 2 LLC 305.00 Al-Hilwani Juli 101-1539-4343 75.00 5/18/2023 Pickleball Lessons Al-Hilwani Juli 101-1530-4347 97.50 5/18/2023 Personal Training - 3 Pack 172.50 5/18/2023 Al-Hilwani Juli 172.50 AMERICAN ENGINEERING TESTING 402-4003-4752 584.50 5/18/2023 Chanhassen Cracking Monitoring 584.50 5/18/2023 AMERICAN ENGINEERING TESTING 601-6051-4300 35,746.00 5/25/2023 Pavement Testing - Project 23-01, 23-04 AMERICAN ENGINEERING TESTING 101-1310-4359 10.00 5/25/2023 Interest on past due invoice 35,756.00 5/25/2023 AP - Check Detail (5/30/2023)Page 1 of 20 41 Last Name Acct 1 Amount Check Date Description AMERICAN ENGINEERING TESTING 36,340.50 AMERICAN TIRE DISTRIBUTORS INC 101-1250-4140 211.38 5/25/2023 102T Uni Laredo Cross Country Tour 211.38 5/25/2023 AMERICAN TIRE DISTRIBUTORS INC 211.38 Aspen Equipment 101-1550-4120 -1,249.07 5/18/2023 Blade Wing, Quadrant Assy - Incorrect Parts Aspen Equipment 101-1550-4120 1,581.31 5/18/2023 Blade Wing, Quadrant Assy 332.24 5/18/2023 Aspen Equipment 101-1550-4120 1,249.07 5/25/2023 Quadrant Assy, PS Blade Wing 1,249.07 5/25/2023 Aspen Equipment 1,581.31 ASPEN MILLS 101-1220-4240 83.96 5/25/2023 Nametags - M Smith, C Pribble, D Eastman 83.96 5/25/2023 ASPEN MILLS 83.96 B&H Manufacturing, Inc.101-1310-4359 10.00 5/25/2023 Interest B&H Manufacturing, Inc.101-1550-4120 230.26 5/25/2023 Shear Shaft Assm 37', 8 Blower 240.26 5/25/2023 B&H Manufacturing, Inc. 240.26 Barr Engineering Company 700-7025-4300 2,959.50 5/25/2023 Well Rehab Project (#3, #4, #11, #15) 2,959.50 5/25/2023 AP - Check Detail (5/30/2023)Page 2 of 20 42 Last Name Acct 1 Amount Check Date Description Barr Engineering Company 2,959.50 BERG RICHARD & PATRICIA 720-0000-2020 7.10 5/25/2023 Refund Check 006632-000, 7603 IROQUOIS BERG RICHARD & PATRICIA 700-0000-2020 5.22 5/25/2023 Refund Check 006632-000, 7603 IROQUOIS BERG RICHARD & PATRICIA 700-0000-2020 0.87 5/25/2023 Refund Check 006632-000, 7603 IROQUOIS BERG RICHARD & PATRICIA 701-0000-2020 10.92 5/25/2023 Refund Check 006632-000, 7603 IROQUOIS 24.11 5/25/2023 BERG RICHARD & PATRICIA 24.11 Biersdorf & Associates 605-6502-4701 312,500.00 5/25/2023 Settlement Agreement - Halla Family Limited Partnership 312,500.00 5/25/2023 Biersdorf & Associates 312,500.00 Blue Water Plumbing Inc 400-0000-3613 1.40 5/25/2023 Technology Fee Refund - 6330 Teton Lane 1.40 5/25/2023 Blue Water Plumbing Inc 1.40 BOLTON & MENK INC 700-6049-4300 77.76 5/18/2023 Chanhassen/2022 Street Rehab (22-01) BOLTON & MENK INC 601-6049-4300 665.28 5/18/2023 Chanhassen/2022 Street Rehab (22-01) BOLTON & MENK INC 701-6049-4300 34.56 5/18/2023 Chanhassen/2022 Street Rehab (22-01) BOLTON & MENK INC 720-6049-4300 86.40 5/18/2023 Chanhassen/2022 Street Rehab (22-01) 864.00 5/18/2023 BOLTON & MENK INC 864.00 BURNET TITLE 701-0000-2020 72.19 5/25/2023 Refund Check 096459-000, 7392 FAWN HILL ROAD BURNET TITLE 700-0000-2020 1.93 5/25/2023 Refund Check 096459-000, 7392 FAWN HILL ROAD BURNET TITLE 700-0000-2020 30.58 5/25/2023 Refund Check 096459-000, 7392 FAWN HILL ROAD BURNET TITLE 720-0000-2020 15.69 5/25/2023 Refund Check 096459-000, 7392 FAWN HILL ROAD BURNET TITLE 700-0000-2020 3.00 5/25/2023 Refund Check 097031-000, 8942 SOUTHWEST VILLAGE LOOP BURNET TITLE 720-0000-2020 1.38 5/25/2023 Refund Check 097031-000, 8942 SOUTHWEST VILLAGE LOOP AP - Check Detail (5/30/2023)Page 3 of 20 43 Last Name Acct 1 Amount Check Date Description BURNET TITLE 700-0000-2020 0.66 5/25/2023 Refund Check 097031-000, 8942 SOUTHWEST VILLAGE LOOP BURNET TITLE 701-0000-2020 14.44 5/25/2023 Refund Check 097031-000, 8942 SOUTHWEST VILLAGE LOOP 139.87 5/25/2023 BURNET TITLE 139.87 CAMPBELL KNUTSON 101-1140-4302 16,816.57 5/18/2023 Legal Services 16,816.57 5/18/2023 CAMPBELL KNUTSON 16,816.57 Carver County 101-1210-4300 250.00 5/25/2023 Background Investigation - Hackamore Brewing - 18651 Lake Dr E 250.00 5/25/2023 Carver County 250.00 CENTERPOINT ENERGY MINNEGASCO 101-1530-4321 231.23 5/18/2023 Monthly Service - 7610 Laredo Dr, 2310 Coulter Blvd, 391 W 78th CENTERPOINT ENERGY MINNEGASCO 101-1170-4321 76.85 5/18/2023 Monthly Service - 7610 Laredo Dr, 2310 Coulter Blvd, 391 W 78th CENTERPOINT ENERGY MINNEGASCO 101-1220-4321 1,073.52 5/18/2023 Monthly Service - 7610 Laredo Dr, 2310 Coulter Blvd, 391 W 78th 1,381.60 5/18/2023 CENTERPOINT ENERGY MINNEGASCO 1,381.60 CenturyLink 700-7043-4310 59.42 5/25/2023 Monthly Service - Waste Water Bldg 59.42 5/25/2023 CenturyLink 59.42 Cintas Corporation No. 2 101-1550-4150 35.47 5/18/2023 Bandages, hard surface disinfec, Splinter remover 35.47 5/18/2023 AP - Check Detail (5/30/2023)Page 4 of 20 44 Last Name Acct 1 Amount Check Date Description Cintas Corporation No. 2 35.47 CITY OF CHASKA 101-1560-4342 163.05 5/25/2023 Treasure Island Casino - 04/25/2023 163.05 5/25/2023 CITY OF CHASKA 163.05 Colwell Melinda 101-1560-4343 547.00 5/25/2023 Mah Jongg for Beginners, Mah Jongg Refresher Course 547.00 5/25/2023 Colwell Melinda 547.00 COMMUNITY EDUCATION ISD 112 101-1534-4346 2,207.50 5/18/2023 Dance for Fun-May 2023 Recital 2,207.50 5/18/2023 COMMUNITY EDUCATION ISD 112 2,207.50 COMPUTER INTEGRATION TECHN.101-1160-4211 421.20 5/18/2023 Datto Office365 Backup Service-June COMPUTER INTEGRATION TECHN.101-1160-4211 105.20 5/18/2023 Azure AD, Visio, EMS & Exchange Add On Licenses 526.40 5/18/2023 COMPUTER INTEGRATION TECHN. 526.40 Czech Mitchell 101-0000-1027 250.00 5/26/2023 Start Up Money- Lake Ann Concession 250.00 5/26/2023 Czech Mitchell 250.00 Dahl Tom 101-1766-4341 114.00 5/25/2023 Softball Umpire - 4 games 114.00 5/25/2023 AP - Check Detail (5/30/2023)Page 5 of 20 45 Last Name Acct 1 Amount Check Date Description Dahl Tom 114.00 DCA TITLE 700-0000-2020 3.28 5/25/2023 Refund Check 097734-000, 8540 MAYFIELD COURT DCA TITLE 700-0000-2020 29.67 5/25/2023 Refund Check 097734-000, 8540 MAYFIELD COURT DCA TITLE 720-0000-2020 6.93 5/25/2023 Refund Check 097734-000, 8540 MAYFIELD COURT DCA TITLE 701-0000-2020 41.13 5/25/2023 Refund Check 097734-000, 8540 MAYFIELD COURT 81.01 5/25/2023 DCA TITLE 81.01 FACTORY MOTOR PARTS COMPANY 101-1550-4120 376.86 5/18/2023 Del24GHR FACTORY MOTOR PARTS COMPANY 700-0000-4120 249.94 5/18/2023 Del31G950A FACTORY MOTOR PARTS COMPANY 101-1220-4120 158.48 5/18/2023 Del 31G950T FACTORY MOTOR PARTS COMPANY 101-1220-4120 316.96 5/18/2023 Del 31G950T FACTORY MOTOR PARTS COMPANY 101-1220-4120 475.44 5/18/2023 Del31G950T 1,577.68 5/18/2023 FACTORY MOTOR PARTS COMPANY 1,577.68 FASTENAL COMPANY 101-1320-4150 4.84 5/18/2023 USS F/W 5/16 Z 4.84 5/18/2023 FASTENAL COMPANY 4.84 Ferguson Waterworks #2518 700-0000-4550 406.90 5/25/2023 12X15 F1 SS Rep Clmp 406.90 5/25/2023 Ferguson Waterworks #2518 406.90 Fidelity Security Life 720-0000-2007 6.63 5/25/2023 June, 2023 Fidelity Security Life 101-0000-2007 254.86 5/25/2023 June, 2023 Fidelity Security Life 700-0000-2007 15.75 5/25/2023 June, 2023 Fidelity Security Life 701-0000-2007 9.11 5/25/2023 June, 2023 AP - Check Detail (5/30/2023)Page 6 of 20 46 Last Name Acct 1 Amount Check Date Description 286.35 5/25/2023 Fidelity Security Life 286.35 Geffre Sarah 720-7202-3640 25.00 5/25/2023 Garden Plot Refund 25.00 5/25/2023 Geffre Sarah 25.00 Go Gymnastics 101-1538-4343 960.00 5/18/2023 Gymnastic Lessons Go Gymnastics 101-1537-4343 1,233.75 5/18/2023 Gymnastic Lessons 2,193.75 5/18/2023 Go Gymnastics 2,193.75 GRAYBAR 101-1550-4120 773.82 5/25/2023 Bulbs LA Ballfield lights 773.82 5/25/2023 GRAYBAR 773.82 GREAT LAKES COCA-COLA DISTRIBUTION LLC 101-1540-4130 895.91 5/25/2023 Coffee, Soda, Water, Sports Drink 895.91 5/25/2023 GREAT LAKES COCA-COLA DISTRIBUTION LLC 895.91 Great Plains Fire 201-0000-4705 275.00 5/18/2023 Code Red Bunker Boots 275.00 5/18/2023 Great Plains Fire 275.00 Halla Family Limited Partnership 605-6502-4701 526,450.00 5/25/2023 Settlement - Parcel 18 AP - Check Detail (5/30/2023)Page 7 of 20 47 Last Name Acct 1 Amount Check Date Description 526,450.00 5/25/2023 Halla Family Limited Partnership 526,450.00 HANSEN THORP PELLINEN OLSON 400-0000-1155 541.50 5/18/2023 Berrospid Addition - Private Development HANSEN THORP PELLINEN OLSON 400-0000-1155 85.50 5/18/2023 Lake Place Apartment - Private Development HANSEN THORP PELLINEN OLSON 400-0000-1155 85.50 5/18/2023 Cunningham 2nd Addition - Private Development HANSEN THORP PELLINEN OLSON 400-0000-1155 57.00 5/18/2023 Deer Haven - Private Development HANSEN THORP PELLINEN OLSON 420-1310-4303 3,423.70 5/18/2023 Chanhassen Trial/Walk Improvements HANSEN THORP PELLINEN OLSON 701-7025-4300 6,156.75 5/18/2023 Lift Station #3 Forcemain Replacement 10,349.95 5/18/2023 HANSEN THORP PELLINEN OLSON 10,349.95 HAWKINS CHEMICAL 700-7043-4160 20.00 5/25/2023 Chlorine Cylinder HAWKINS CHEMICAL 700-7019-4160 9,836.72 5/25/2023 Azone 15 EPA Reg No 7870-5 9,856.72 5/25/2023 HAWKINS CHEMICAL 9,856.72 HENNEPIN COUNTY 101-1150-4501 25.00 5/18/2023 Assessment billing 25.00 5/18/2023 HENNEPIN COUNTY 25.00 HOISINGTON KOEGLER GROUP 410-4410-4300 14,796.00 5/18/2023 Chanhassen Lake Ann Preserve Design 14,796.00 5/18/2023 HOISINGTON KOEGLER GROUP 14,796.00 HOLZER TIMOTHY 720-0000-2020 0.27 5/25/2023 Refund Check 015438-000, 2015 CHICORY WAY HOLZER TIMOTHY 701-0000-2020 3.26 5/25/2023 Refund Check 015438-000, 2015 CHICORY WAY HOLZER TIMOTHY 700-0000-2020 1.76 5/25/2023 Refund Check 015438-000, 2015 CHICORY WAY AP - Check Detail (5/30/2023)Page 8 of 20 48 Last Name Acct 1 Amount Check Date Description HOLZER TIMOTHY 700-0000-2020 0.26 5/25/2023 Refund Check 015438-000, 2015 CHICORY WAY 5.55 5/25/2023 HOLZER TIMOTHY 5.55 Indigo Signs 101-1120-4110 390.50 5/25/2023 Large Name Plate - Maple Corner 390.50 5/25/2023 Indigo Signs 390.50 Innovative Office Solutions LLC 101-1120-4110 134.90 5/18/2023 Seal Tape, Folder, Paper 134.90 5/18/2023 Innovative Office Solutions LLC 101-1120-4110 12.85 5/25/2023 Stapler Innovative Office Solutions LLC 101-1120-4110 77.37 5/25/2023 Paper, Pen, Note 4X6 Innovative Office Solutions LLC 101-1120-4110 11.76 5/25/2023 Label 101.98 5/25/2023 Innovative Office Solutions LLC 236.88 Joseph Marcus and Eileen 101-0000-2073 250.00 5/18/2023 Erosion Escrow-8480 Ibis Court 250.00 5/18/2023 Joseph Marcus and Eileen 250.00 Kullberg Jeff 720-7202-4130 32.20 5/18/2023 Tree Rebate 32.20 5/18/2023 Kullberg Jeff 32.20 LANDTITLE 700-0000-2020 6.18 5/25/2023 Refund Check 019840-000, 7160 GUNFLINT TRAIL LANDTITLE 701-0000-2020 6.90 5/25/2023 Refund Check 019840-000, 7160 GUNFLINT TRAIL AP - Check Detail (5/30/2023)Page 9 of 20 49 Last Name Acct 1 Amount Check Date Description LANDTITLE 700-0000-2020 1.09 5/25/2023 Refund Check 019840-000, 7160 GUNFLINT TRAIL LANDTITLE 720-0000-2020 8.88 5/25/2023 Refund Check 019840-000, 7160 GUNFLINT TRAIL 23.05 5/25/2023 LANDTITLE 23.05 Lawson Products, Inc.101-1550-4120 62.89 5/25/2023 Blnd Rvt Nt Flt Hd Prebulbed, White Valve Action Paint Marker Lawson Products, Inc.101-1320-4120 120.02 5/25/2023 Cabinet Stand Legs, Hex Cap Screw Grade 5, Paint Lawson Products, Inc.101-1370-4120 5.01 5/25/2023 Yellow Valve Action Paint Marker Lawson Products, Inc.101-1550-4120 226.48 5/25/2023 Hex Cap Screw Grade, Nylong Insert Flange Locknut 414.40 5/25/2023 Lawson Products, Inc. 414.40 LENZEN CHEVROLET BUICK 101-1550-4140 348.53 5/25/2023 New Box Lights, Caliberation Surchare 348.53 5/25/2023 LENZEN CHEVROLET BUICK 348.53 Lockridge Grindal Nauen P.L.L.P 101-1110-4312 3,333.33 5/18/2023 Professional Services - May, 2023 - ID 10884-0001 3,333.33 5/18/2023 Lockridge Grindal Nauen P.L.L.P 3,333.33 Magney Construction, Inc.700-0000-4530 11,793.18 5/25/2023 Service work - East Water Treatment Plant 11,793.18 5/25/2023 Magney Construction, Inc. 11,793.18 Marco Inc 101-1160-4411 735.00 5/18/2023 Copier Leases - Acct nbr 1826324 735.00 5/18/2023 AP - Check Detail (5/30/2023)Page 10 of 20 50 Last Name Acct 1 Amount Check Date Description Marco Inc 735.00 Marsh Jamie 720-7202-4130 20.00 5/25/2023 Invasive Species Disposal @ Compost facility 20.00 5/25/2023 Marsh Jamie 20.00 McClintick Bill 101-1550-4120 315.00 5/25/2023 Part Reproduction 315.00 5/25/2023 McClintick Bill 315.00 METROPOLITAN COUNCIL 701-0000-4509 209,343.98 5/18/2023 Waste Water Services METROPOLITAN COUNCIL 101-1312-4509 425.00 5/18/2023 Permit Fee - Industrial Discharge 209,768.98 5/18/2023 METROPOLITAN COUNCIL 209,768.98 Metropolitan Council, Env Svcs 701-0000-2023 7,455.00 5/18/2023 April, 2023 SAC Metropolitan Council, Env Svcs 101-1250-3816 -74.55 5/18/2023 April, 2023 SAC 7,380.45 5/18/2023 Metropolitan Council, Env Svcs 7,380.45 MEUWISSEN KIM 101-1120-4381 109.00 5/25/2023 Mileage - Hyatt Regency - IIMC Conference 109.00 5/25/2023 MEUWISSEN KIM 109.00 MIDWEST PLAYSCAPES 101-1550-4120 2,821.00 5/18/2023 6' Bench with Back AP - Check Detail (5/30/2023)Page 11 of 20 51 Last Name Acct 1 Amount Check Date Description 2,821.00 5/18/2023 MIDWEST PLAYSCAPES 2,821.00 Miller Kevin 101-1320-4150 50.00 5/25/2023 Mailbox Repair 50.00 5/25/2023 Miller Kevin 50.00 Miller Mitchel & Dawn 101-0000-2073 250.00 5/18/2023 Erosion escrow-6730 Golden Ct 250.00 5/18/2023 Miller Mitchel & Dawn 250.00 Minnesota Safety Council 101-1560-4343 276.00 5/18/2023 Coach Mature Driver II Workbooks 8hr 276.00 5/18/2023 Minnesota Safety Council 101-1560-4343 437.00 5/25/2023 Coach Exp Driver Plus Student Workbooks 437.00 5/25/2023 Minnesota Safety Council 713.00 MINNESOTA TROPHIES & GIFTS 101-1600-4130 555.00 5/25/2023 Plaques, engraving 555.00 5/25/2023 MINNESOTA TROPHIES & GIFTS 555.00 MN Board of Water and Soil Resources 720-0000-4370 505.00 5/25/2023 MWPCP Course - Joe Seidl 505.00 5/25/2023 AP - Check Detail (5/30/2023)Page 12 of 20 52 Last Name Acct 1 Amount Check Date Description MN Board of Water and Soil Resources 505.00 MN CITY/COUNTY MGMT ASSOC.101-1120-4360 230.80 5/18/2023 Membership - Laurie Hokkanen 230.80 5/18/2023 MN CITY/COUNTY MGMT ASSOC.101-1120-4360 219.00 5/25/2023 Membership - Matt Unmacht 219.00 5/25/2023 MN CITY/COUNTY MGMT ASSOC. 449.80 MN DEPT OF HEALTH 700-0000-4509 20,934.00 5/25/2023 Community Water Supply Service Connection Fee 20,934.00 5/25/2023 MN DEPT OF HEALTH 20,934.00 MN DEPT OF TRANSPORTATION 101-1350-4566 332.71 5/25/2023 Payroll - Th 5 @ Minnewashta Comm Issues 332.71 5/25/2023 MN DEPT OF TRANSPORTATION 332.71 MN VALLEY ELECTRIC COOP 101-1350-4320 246.93 5/18/2023 Monthly Service - County Rd 61 & St Hwy 101 Lights 246.93 5/18/2023 MN VALLEY ELECTRIC COOP 101-1350-4320 135.18 5/25/2023 Monthly Sevice - Bluff Crk & Flying Cloud Dr 135.18 5/25/2023 MN VALLEY ELECTRIC COOP 382.11 NAPA AUTO & TRUCK PARTS 101-1220-4140 24.68 5/18/2023 Counteract Coated Glass NAPA AUTO & TRUCK PARTS 101-1220-4120 5.58 5/18/2023 NAPA Gold Oil Filter NAPA AUTO & TRUCK PARTS 101-1550-4120 103.44 5/18/2023 NAPA Gold Oil Filter, Coolant Reservoir NAPA AUTO & TRUCK PARTS 101-1550-4120 25.95 5/18/2023 NAPA Gold Air Filter AP - Check Detail (5/30/2023)Page 13 of 20 53 Last Name Acct 1 Amount Check Date Description 159.65 5/18/2023 NAPA AUTO & TRUCK PARTS 159.65 NORDLING SANDRA 720-7202-4130 150.00 5/18/2023 Tree Rebate 150.00 5/18/2023 NORDLING SANDRA 150.00 North American Safety, Inc.701-0000-4240 431.82 5/18/2023 High Performance Long Sleeve Shirt North American Safety, Inc.700-0000-4240 431.82 5/18/2023 High Performance Long Sleeve Shirt 863.64 5/18/2023 North American Safety, Inc. 863.64 Nuss Truck & Equipment 400-4108-4704 118,722.00 5/25/2023 Mach Truck Model GR42B 118,722.00 5/25/2023 Nuss Truck & Equipment 118,722.00 PAULSON PAUL & CAROL 720-0000-2020 32.14 5/25/2023 Refund Check 016872-000, 9250 EAGLE BLUFF CIRCLE 32.14 5/25/2023 PAULSON PAUL & CAROL 32.14 Perkins Paul 101-0000-2073 250.00 5/18/2023 Erosion escrow-1051 Homestead Lane 250.00 5/18/2023 Perkins Paul 250.00 Pierson Garden and Landscape 101-0000-2073 500.00 5/18/2023 Erosion escrow-7520 Fawn Hill Rd AP - Check Detail (5/30/2023)Page 14 of 20 54 Last Name Acct 1 Amount Check Date Description 500.00 5/18/2023 Pierson Garden and Landscape 500.00 Pine Products Inc 101-1550-4150 220.00 5/18/2023 Yards of Double Ground Hardwood Mulch 220.00 5/18/2023 Pine Products Inc 220.00 Pioneer Photography 101-1560-4343 250.00 5/18/2023 Program-Influential Women 250.00 5/18/2023 Pioneer Photography 250.00 Power Lift, Inc.101-1320-4120 184.68 5/25/2023 Battery Cond. Indicator, Hyd Hose Port A, Hyd Hose RH Brake 184.68 5/25/2023 Power Lift, Inc. 184.68 Qureshi Alan & Ellen 720-0000-2020 12.82 5/25/2023 Utility Refund - 6474 Murray Hill Road Qureshi Alan & Ellen 700-0000-2020 23.99 5/25/2023 Utility Refund - 6474 Murray Hill Road Qureshi Alan & Ellen 701-0000-2020 43.31 5/25/2023 Utility Refund - 6474 Murray Hill Road 80.12 5/25/2023 Qureshi Alan & Ellen 80.12 SCHNABEL Laurel 700-7204-4901 100.00 5/25/2023 Waterwise Rebate - Toilet x 2 100.00 5/25/2023 SCHNABEL Laurel 100.00 AP - Check Detail (5/30/2023)Page 15 of 20 55 Last Name Acct 1 Amount Check Date Description Shadywood Tree Experts and Landscaping 101-1220-1193 2,465.00 5/25/2023 Haul Tree Debris 2,465.00 5/25/2023 Shadywood Tree Experts and Landscaping 2,465.00 SiteOne Landscape Supply 101-1320-4153 30.59 5/25/2023 Hunter PGP Ultra Adjustable Rotor 12 In 30.59 5/25/2023 SiteOne Landscape Supply 30.59 Skubic Robert 720-7202-4130 150.00 5/18/2023 Tree Rebate 150.00 5/18/2023 Skubic Robert 150.00 SNAP-ON INDUSTRIAL 101-1370-4260 36.51 5/25/2023 9In Long Nose Slp Jnt Plier Red 36.51 5/25/2023 SNAP-ON INDUSTRIAL 36.51 Snow Kreilich Architects 402-4003-4300 12,780.00 5/25/2023 Chanhassen Fire Station 1 12,780.00 5/25/2023 Snow Kreilich Architects 12,780.00 Southwest Rental & Sales 401-0000-4410 949.38 5/18/2023 Dingo rental-Roundhouse Playground build 949.38 5/18/2023 Southwest Rental & Sales 949.38 Suncrest Builders 101-0000-2073 2,800.00 5/18/2023 Erosion escrow-6250 Murray Hill Road AP - Check Detail (5/30/2023)Page 16 of 20 56 Last Name Acct 1 Amount Check Date Description 2,800.00 5/18/2023 Suncrest Builders 2,800.00 Taylor Electric Company, LLC 101-1350-4565 370.00 5/25/2023 Crossroads Blvd Taylor Electric Company, LLC 101-1350-4565 2,510.00 5/25/2023 Kerber Blvd Sierra Trl test Switch in lighting cabinet 2,880.00 5/25/2023 Taylor Electric Company, LLC 2,880.00 TimeSaver Off Site Secretarial, Inc 101-1125-4300 318.00 5/25/2023 Meeting Minutes - City Council, Park Commission 318.00 5/25/2023 TimeSaver Off Site Secretarial, Inc 318.00 TRADEMARK TITLE SERVICES 720-0000-2020 8.88 5/25/2023 Refund Check 103902-000, 8005 DAKOTA AVENUE TRADEMARK TITLE SERVICES 701-0000-2020 13.66 5/25/2023 Refund Check 103902-000, 8005 DAKOTA AVENUE TRADEMARK TITLE SERVICES 700-0000-2020 1.09 5/25/2023 Refund Check 103902-000, 8005 DAKOTA AVENUE TRADEMARK TITLE SERVICES 700-0000-2020 5.70 5/25/2023 Refund Check 103902-000, 8005 DAKOTA AVENUE 29.33 5/25/2023 TRADEMARK TITLE SERVICES 29.33 TRAFFIC CONTROL CORPORATION 101-1350-4565 700.00 5/25/2023 Intersection Assistance - W 78th @ Great Plains 700.00 5/25/2023 TRAFFIC CONTROL CORPORATION 700.00 TruNorth Solar LLC 101-0000-2073 500.00 5/18/2023 Erosion escrow-6261 Galpin Blvd 500.00 5/18/2023 AP - Check Detail (5/30/2023)Page 17 of 20 57 Last Name Acct 1 Amount Check Date Description TruNorth Solar LLC 500.00 Universal Athletic Services, Inc.101-1550-4120 944.12 5/25/2023 Schutt Impact Base Major League Slider 944.12 5/25/2023 Universal Athletic Services, Inc. 944.12 VOGEL BARRY & NANCY 701-0000-2020 4.36 5/25/2023 Refund Check 097194-000, 8943 SOUTHWEST VILLAGE LOOP VOGEL BARRY & NANCY 700-0000-2020 0.26 5/25/2023 Refund Check 097194-000, 8943 SOUTHWEST VILLAGE LOOP VOGEL BARRY & NANCY 720-0000-2020 0.55 5/25/2023 Refund Check 097194-000, 8943 SOUTHWEST VILLAGE LOOP VOGEL BARRY & NANCY 700-0000-2020 2.98 5/25/2023 Refund Check 097194-000, 8943 SOUTHWEST VILLAGE LOOP 8.15 5/25/2023 VOGEL BARRY & NANCY 8.15 WATERMARK TITLE AGENCY 720-0000-2020 3.46 5/25/2023 Refund Check 010561-000, 910 PENAMINT COURT WATERMARK TITLE AGENCY 700-0000-2020 3.83 5/25/2023 Refund Check 010561-000, 910 PENAMINT COURT WATERMARK TITLE AGENCY 701-0000-2020 5.31 5/25/2023 Refund Check 010561-000, 910 PENAMINT COURT WATERMARK TITLE AGENCY 700-0000-2020 0.42 5/25/2023 Refund Check 010561-000, 910 PENAMINT COURT WATERMARK TITLE AGENCY 700-0000-2020 2.00 5/25/2023 Refund Check 103393-000, 557 MISSION HILLS DRIVE WATERMARK TITLE AGENCY 700-0000-2020 10.45 5/25/2023 Refund Check 103393-000, 557 MISSION HILLS DRIVE WATERMARK TITLE AGENCY 701-0000-2020 25.06 5/25/2023 Refund Check 103393-000, 557 MISSION HILLS DRIVE WATERMARK TITLE AGENCY 720-0000-2020 2.81 5/25/2023 Refund Check 103393-000, 557 MISSION HILLS DRIVE WATERMARK TITLE AGENCY 700-0000-2020 4.47 5/25/2023 Refund Check 007496-000, 111 SHASTA CIRCLE WEST WATERMARK TITLE AGENCY 720-0000-2020 0.53 5/25/2023 Refund Check 007496-000, 111 SHASTA CIRCLE WEST WATERMARK TITLE AGENCY 701-0000-2020 3.95 5/25/2023 Refund Check 007496-000, 111 SHASTA CIRCLE WEST WATERMARK TITLE AGENCY 700-0000-2020 0.06 5/25/2023 Refund Check 007496-000, 111 SHASTA CIRCLE WEST 62.35 5/25/2023 WATERMARK TITLE AGENCY 62.35 WAYTEK INC 101-1550-4120 604.69 5/18/2023 Black Cable Tie Nylon, Brake Cable Gray, Heavy Duty Tape 604.69 5/18/2023 AP - Check Detail (5/30/2023)Page 18 of 20 58 Last Name Acct 1 Amount Check Date Description WAYTEK INC 604.69 WM MUELLER & SONS INC 101-1320-4157 441.60 5/18/2023 Virgin Fine WM MUELLER & SONS INC 101-1320-4157 440.00 5/18/2023 Virgin Fine 881.60 5/18/2023 WM MUELLER & SONS INC 101-1550-4150 28.00 5/25/2023 Lundquist Cy WM MUELLER & SONS INC 700-0000-4150 28.00 5/25/2023 Lundquist Cy WM MUELLER & SONS INC 101-1320-4157 588.80 5/25/2023 Virgin Fine WM MUELLER & SONS INC 101-1320-4157 508.00 5/25/2023 Virgin Fine WM MUELLER & SONS INC 101-1320-4157 279.20 5/25/2023 Virgin Fine WM MUELLER & SONS INC 101-1320-4157 1,370.31 5/25/2023 Virgin Fine 2,802.31 5/25/2023 WM MUELLER & SONS INC 3,683.91 WS & D PERMIT SERVICE 101-1250-3301 120.00 5/25/2023 Permit Refund - 2023-01095 - 7221 Sierra Ct 120.00 5/25/2023 WS & D PERMIT SERVICE 120.00 XCEL ENERGY INC 701-0000-4320 -25.32 5/25/2023 Monthly Service - Lift Stations XCEL ENERGY INC 700-0000-4320 -681.28 5/25/2023 Monthly Service - Lift Stations XCEL ENERGY INC 700-0000-4320 2,329.88 5/25/2023 Monthly Service - 1720 Lake Lucy Rd XCEL ENERGY INC 101-1350-4320 93.42 5/25/2023 Monthly Service - 1900 Lyman Blvd, 500 Market St Streetlight XCEL ENERGY INC 700-0000-4320 2,710.95 5/25/2023 Monthly Service - Wells XCEL ENERGY INC 101-1350-4320 27.23 5/25/2023 Monthly Service - Pedestrian Flashers XCEL ENERGY INC 101-1350-4320 32.97 5/25/2023 Monthly Service - 1178 Lake Lucy Rd XCEL ENERGY INC 101-1600-4320 27.23 5/25/2023 Monthly Service - 7700 Market Blvd 4,515.08 5/25/2023 XCEL ENERGY INC 4,515.08 AP - Check Detail (5/30/2023)Page 19 of 20 59 Last Name Acct 1 Amount Check Date Description 1,365,028.99 AP - Check Detail (5/30/2023)Page 20 of 20 60 City Council Item June 5, 2023 Item Approve an Encroachment Agreement between the City of Chanhassen and Colby Skelton and Charlotte Skelton File No.N/A Item No: D.5 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 Colby and Charlotte Skelton to construct a fence on the subject property that encroaches into the city's easement area at 3110 Dartmouth Drive." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY N/A BACKGROUND The property owners of 3110 Dartmouth Drive (Colby & Charlotte Skelton), desire to construct and install a fence on the property, which is legally described as Lot 1, Block 2, Boyers Sterling Estates. This fence will encroach into the city's easement areas where there is a public sanitary sewer pipe. In order to construct the fence, the property owner must enter into an encroachment agreement (EA) with the city. DISCUSSION 61 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 Encroachment Agreement for 3110 Dartmouth Drive 62 (res elled for reco rd ing information) ENCROACHMENT AGREEMENT AGREEMENT made this day of 2023, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and COLBY SKELTON and CHARLOTTE SKELTON, married to each other ("Skeltons" or "Owners"). 1. BACKGROUND. Skeltons 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. 25.1400090 Lot l, Block 2, Boyers Sterling Estates (abstract) having a street address of 3ll0 Dartmouth Drive, Chanhassen, Minnesota 55331 ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). Skeltons desire to construct a fence on the Subject Property that encroaches on the City's Easement Areas as depicted on the attached Exhibit "A". 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the fence conditioned upon removable fence panels in areas where the fence encroaches on existing utilities and/or installation I2264'78v1 63 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. . The fence must remain a minimum distance of five (5) feet from all drainage and utility structures. 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 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 AflD 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. TERIUINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving 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 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. 2226478v1 64 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 COUNTY 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. ) J226478v1 65 PROPERTY OWNERS: Colby Charlotte !t,'I STATE OF MINNESOTA ) couNrY or carve,f itt [A ^v DRAFTEDBY: Cuwrur,lKmrrsory hofasionolAssociolion GrardOakOffice CrnterI 860 Blue GentianRoad Suite 290 Eagan, Minnesota 55121 Telephone: (65 l) 452-5000 AMP I The foregoing instument was acknowledged before me this 2-Z day of 2023, by Colby Skelton and Charlotte Skelton, married to each other Notary 4 WEIDMAN Notary Public'Minnesota AMY K. t y Commbslon Elplros Jan 31, 226478v1 66 EXHIBIT "A" 1 \ !":1.a * c-k. a tu loil. hit il-ua) d Mt.@tdaiNnFtt t d#-r#,.&ffi DARTMOUTH DRIVE rd r. M, &fi5 t&{ &rB ,b cdi$*'t\ d& to s. t-ee & h*t Site -,\1';A/\ \ t!zI *.C -!-- LJ*-!tL-'?o' 1 I --\ ?,'f)I\\ I ?. i.l'J \ \ t t:fr::dE lI9(g<- 6dbvfrr -frrdea* - -E^'-ry- ) bt t4qbtu -oa hda6q**c -rddftO -e&*E *kA-rr bA* d nuw E -rffita a*-twO -fre-h * '*h'h_n_&tu,bah ------ da*eNeBrtrfrd F q-t Bfis,ffiant6 - - -d,'&eD*14tut_g b-t' -Ff,orE\F'c, \o \ \ I I MH3 gt. tu q Lot t, god 2. ootQsSlt/|m tsraE Ctd CMt,gn@lo o ffi126rr.an*t d,trELfuW 1"=20'P.E.O. ./T\ed;e"ffir ,11-23 c.s.o. 52264'l8vl E1 ! ,h 2 ri t i\ 1r\lt 67 City Council Item June 5, 2023 Item Approve Temporary On-Sale Liquor License, St. Hubert Catholic Community, Harvest Festival on September 23, 2023 File No.Item No: D.6 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves the request from St. Hubert Catholic Community for a temporary on-sale liquor license for their annual Harvest Festival on September 23, 2023." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY St. Hubert Catholic Community has submitted an application for a temporary on-sale liquor license for their annual Harvest Festival to be held on September 23, 2023. The event will be held in the church parking lot, and they intend to sell beer and wine at the event. A certificate of liquor liability insurance is required and has been provided. BACKGROUND DISCUSSION BUDGET 68 RECOMMENDATION Staff recommends approval of the request from St. Hubert Catholic Community for a temporary on-sale liquor license for their Harvest Festival to be held on September 23, 2023. The fee is $1.00. ATTACHMENTS Temporary Liquor License Application 69 Alcohol & Gsmbling Enlorceme ZG@ Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 65 1 -201 -7 507 Tl\ 65 1 -282-6s5 5 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON.SALE LIQUOR LICENSE Name of nization nization Address (No PO Boxes) Name of person makin lication Date of anization Tax exempt number 928 State Zip Code Date(s) ofevent ptember 23, 2023 o anization officer's name nization omcer's name anization officer's name Chanhassen 55317 Business one Home phone 612-387 -5999 Type of organization E Microdistillery ! Small Brewer ! Club ! Charitable I Religious E Other non-profit ci State zi Code MN State zi Code a City City Chanhassen City hanhassen MN State MN zi Code Location where permit will be used. lf an outdoorarea, describe. 8201 Main Street, Chanhassen, MN 55317 (front parking lot ofthe church) lf the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage -*,<. €fi<o/v& c-c:J APPROVAL APPLICATION MUST BE APPROVED BYCITYOR COUNTY BEFORE SUBMITTING TO ALCOHOL ANDGAMELING ENFORCEMENT t Hubert's Catholic Church and School 1946 0l Main Street Minnesota ricia Dolan 52-374-s072 cia Dolan hanhassen 5317 Father RolfTollefson 5317 Craigmile 5317 eity-ieounty-pprovh!ft license Date Approved Fee Amount Event in conjunction with a community festival n Yes ! No Current population of city Permit Date City or County E-mail Address Please Print Name of City Clerk or County Official signature City Clerk or County Official CLERKS NOTICE: submit this form to Alcohol and Gamblin g Enforcement Division 30 days prior to event No Temp Applications faxed or mailed. Only emailed. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAII. E-MAILTHE APPLICATION SIGNED BY CITY /COU NW TO AG E.TEMPORARY AP P LICAr ION @STATE. MN.U S lfthe applicant will contract for intoxicating liquor service give the name and address ofthe liquor license providing the service. Chanhassen $1.00 X September 23, 2023 kmeuwissen@chanhassenmn.gov Kim T. Meuwissen, City Clerk June 5, 2023 26,000 70 Certificate of Coverage Datez 5/22/2023 This Certificate is issued as a matter of informafion only and confers no rights upon the holder ofthis certificate. This certificate does not amend, extend or alter the coverage afforded below. Compeny Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA 10843 OLD MILL RD OMAHA, NE 68154 This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Certilicate Holder Covered Location Coverages Archdiocese of Saint Paul and Minneapolis Chancery Office 777 Forest Street St. Paul, MN 55106 ST HUBERT CHURCH 82OI MAIN STREET CHANHASSEN, MN 55317 Tlpe of Coverage Certificate Number Coverage Effective Drte Coverage Expiration Date Limits Real & Personal PropertyProperty Each Occurrence 500,000 General Aggregate Products-Comp/OP Agg Personal & Adv Injury Fire Damage (Any one fire) D. General Liability Occurrence Claims Made E U 8589 7/y2023 Med Exp (Any one person) 7/y2024 Eech Occurrence 500,000Excess Liability 8589 7lt/2023 7/U2024 Annual Aggregrate Each Occurrence Claims Made Annual Aggregrate LimiUCoverage Other Description of Operations/Locations/Vehicles/Special Items (the following language supersedes any other language in this endorsement or the Certificate in conllict with this language) Coverage is verified with regard to Covered Location's Harvest Festival to be held on parish grounds, September 23,2023. Includes Liquor Liability Holder of Certificate Cancellation Should any ofthe above described coverages be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the holder of certificate nam"dIlf,f teft, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 01 I 1013690 Authorized Representative [/ 71 City Council Item June 5, 2023 Item Approve Agreement for Library A/C Condenser Repair File No.N/A Item No: D.7 Agenda Section CONSENT AGENDA Prepared By Charlie Howley, Director of Public Works/City Engineer Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council approves an agreement with Schwickert's Tecta America, LLC, for the repair of the Library's A/C Condenser Unit." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY One of the Library's A/C condenser coils has a leak where it cannot sustain pressure of the refrigerant. The coil must be replaced along with minor appurtenances and then charged with recycled refrigerant. The system is running at 50% capacity and is having trouble maintaining cool air temperatures. Two quotes were obtained for the work: Schwickert's $28,635.00 Egan $33,400.00 Schwickert's has performed maintenance for the city on many occasions and has performed satisfactorily. The contract is the standard Form of Agreement the city utilizes. BACKGROUND 72 N/A DISCUSSION N/A BUDGET This is an operational expense covered by the Library Department budget within the General Fund. RECOMMENDATION Staff recommends approval of the agreement. ATTACHMENTS FORM OF AGREEMENT Schwickerts Chanhassen Library Condenser Repair Schwikert's Quote Egan Quote 73 FORM OF AGREEMENT - Schwickerts_Chanhassen_Library Condenser Repair 1 NON-BID CONTRACT FOR PURCHASE OF GOODS AND SERVICES FOR THE CHANHASSEN LIBRARY CONDENSER COIL REPAIR AGREEMENT made this 5th day of June, 2023, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and SCHWICKERT’S TECTA AMERICA, LLC, a Limited Liability 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. Contractor’s Quote dated ___5/9/2023___. 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 “B” 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 $ 28,635.00 which is 74 FORM OF AGREEMENT - Schwickerts_Chanhassen_Library Condenser Repair 2 inclusive of reimbursable expenses. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 5. COMPLETION DATE. The Contractor shall complete the Work on or before 7/1/2023. 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 here under, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. 75 FORM OF AGREEMENT - Schwickerts_Chanhassen_Library Condenser Repair 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 76 FORM OF AGREEMENT - Schwickerts_Chanhassen_Library Condenser Repair 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 77 FORM OF AGREEMENT - Schwickerts_Chanhassen_Library Condenser Repair 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. 78 79 Quotation Mankato,Mn 56001 DATE 5/9/2023 Phone (507) 387-3101 Fax (507) 387-5327 Quotation #50603 Customer #002477/0003 Quotation For: Chanhassen Library Quotation valid until:6/8/2023 ATTN:Kevin Zittel Prepared by:Jeremiah Deleon 7711 Kerber BLVD Equipment#:1 Chanhassen, MN, 55317 Make:Trane PH#:Model #:RAUCC804BB132BD0000 kzittel@ci.chanhassen.mn.us Serial #:C02H07727 UNIT PRICE AMOUNT 27,055.00 27,055.00 - - - - - - - - - - - - - - - 1,230.00 1,230.00 - - 350.00 350.00 SUBTOTAL 28,635.00$ NTE TOTAL 28,635.00$ If you have any questions concerning the quote, please call Jeremiah Deleon @ 612-439-5180. Approved By: PO#: All Inclusive flat rate quotation to replace the the condenser coil, five filter drier cores, compressor oil and charge the unit with refrigerant for Trane #1.***This recommendation was made during a recent service call and can be referred to in ST05201304.***The condenser coil is leaking refrigerant, we will cut out the leaking coil, braze in the new one, evacuate the system, and charge the unit with refrigerant. The filter drier cores are replaced with the new condenser coil. The compressor is low on oil due to the refrigerant leak and will be refilled.***Please note that a crane is needed to safely remove the leaking condenser coil and put the new one in place. DESCRIPTION 330 Poplar Street QUANTITY 612-403-6379 Replace condenser coil Filter drier core Brazing gases Copper fittings Refrigerant Compressor oil Freight Crane fee 1 5 1 1 180 1 1 1 THANK YOU FOR YOUR BUSINESS! 80 May 22, 2023 Chanhassen City Library 7700 Market BLVD Chanhassen, MN 55317 Attn: Charlie Howley SCOPE Egan appreciates the opportunity to provide you with this proposal, to provide all labor and materials to install a replacement condensing coil for the outdoor Trane cooling unit near the parking lot. Detailed scope of work is below:  Recover refrigerant from circuit  Disconnect, Remove and haul away existing condensing coil  Via crane lift coil behind security fence  Install new coil in Trane outdoor unit  Install QTY:5 filter driers  Leak check system  Charge system with new R22 refrigerant and oil for compressor lubrication  Verify operation  Clean up job site  Check out with customer PROPOSAL PRICE: Thirty Three Thousand, Four Hundred Dollars………………………………….$33,400.00 CLARIFICATIONS:  Work to be performed during normal business hours, Monday through Friday between the hours of 7:00am - 3:30pm.  Delivery, Haul Away and Placement, included. 81 // PAGE 2 EXCLUSIONS This price does not include;  Applicable Sales Tax  Overtime Labor  Asbestos removal not included  Pipe insulation not included  Major pipe reconfiguration, not included  Permits not included ACCEPTANCE I hereby authorize Egan Company to perform this proposed work. ______________________________________________ Signature (Authorized Representative) _______________________________________________________________ Printed Name _______________________________________________________________ Title _______________________________________________________________ Date Thank you for considering Egan Company for this opportunity; we look forward to partnering with you. CONTACT Travis Brown Account Manager 612-685-7164 // tjb3@eganco.com 82 // PAGE 3 PROPOSAL TERMS AND CONDITIONS WORK PERFORMED This agreement is for Work performed on this Proposal only. Any additional work beyond the scope of this proposal will be additional cost to the Customer. TERMS Terms are Net 30 upon receipt of invoice. In the event Contractor must commence legal action in order to recover any amount payable under this Proposal, Customer shall pay Contractor all costs and attorney’s fees incurred by Contractor. ACCEPTANCE The acceptance of this Proposal is expressly limited to the terms herein and any additional or different terms suggested by Customer are hereby rejected unless expressly agreed to in writing by Contractor. ACCESS The Contractor will be permitted to enter the Customer’s Property to perform the work. Unless specifically agreed to by the parties all labor will be provided Monday through Friday, excluding holidays, during normal working hours (typically 7:00am - 3:30pm). Reasonable means of access to the equipment being maintained shall be provided by Customer, and Contractor shall be permitted to start and stop all equipment necessary to perform the services. INSURANCE Customer agrees to obtain and shall be solely responsible to maintain insurance for the Property, all contents therein, and/or operations performed within or around the Property where work will be performed. CONTRACTOR OBLIGATION Contractor’s obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of any asbestos products or other hazardous substances. In the event such products or substances are encountered, Contractor’s sole obligation will be to notify Customer of the existence of such products and materials. Contractor shall have the right thereafter to suspend its work until such products or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. SAFETY Contractor may stop work if hazardous material, asbestos, or any unsafe working situation is discovered, and may not continue to perform the work until the situation has been rectified to the Contractor’s approval. Any additional costs to remedy these situations shall be the burden of the Customer. To the fullest extent permitted by law, Customer shall indemnify, defend and hold harmless Contractor, the Contractor’s subcontractors, and agents and employees of any of them from and against claims, damages losses and expenses arising out of or resulting from performance of the Work if the asbestos product or hazardous substance presents the risk of bodily injury or death and has not been rendered harmless. WARRANTY Unless specified otherwise, warranty on parts and materials provided is one year. No warranty is provided on labor or on parts or material not provided by the contractor. CONTRACTOR LIABILITY The Contractor's potential liability arising out of its work must be limited. THEREFORE, THE LIABILITY, IF ANY, OF THE CONTRACTOR TO THE CUSTOMER AND/OR OTHER OCCUPANTS OR VISITORS OF THE PROPERTY ARISING OUT OF THE CONTRACTOR'S WORK, ACT OR OMISSION OR FAILURE TO ACT, OR ANY CLAIMED BREACH OF THIS PROPOSAL BY THE CONTRACTOR, SHALL IN NO EVENT EXCEED THE TOTAL FEE PAID BY THE CUSTOMER FOR THE SERVICES PERFORMED THAT GIVE RISE TO ANY SUCH LIABILITY. HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS CONTRACTOR, ITS AGENT AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF WORK HEREUNDER, PROVIDED THAT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED IN WHOLE OR IN PART BY AN ACTIVE OR PASSIVE ACT OR OMISSION OF CUSTOMER, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY CUSTOMER, OR ANYONE FOR WHOSE ACTS CUSTOMER MAY BE LIABLE, REGARDLESS OF WHETHER IT IS CAUSED IN PART BY THE NEGLIGENCE OF CONTRACTOR. LOSS OF USE UNDER NO CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) EQUITY OR OTHERWISE, WILL CONTRACTOR BE LIABLE FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER’S TENANTS OR CLIENTS, OR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY ATTORNEY OR EXPERT WITNESS FEES. DISPUTES This Proposal, and the relationship between the parties shall be governed by the laws of the State of Minnesota. Any dispute or claim between the parties may, at Contractor’s sole discretion be resolved through final and binding arbitration in Minneapolis, Minnesota, unless otherwise agreed between the parties. 83 City Council Item June 5, 2023 Item Resolution 2023-XX: Approve Construction Materials Testing Agreement for the 2023 City Pavement Rehabilitation Project (Project No. 23-01) and the 2023 Mill and Overlay Project (Project No. 23-04) File No.2023 City Pavement Rehabilitation Project (23-01) 2023 Mill and Overlay Project (23-04)Item No: D.8 Agenda Section CONSENT AGENDA Prepared By George Bender, Assistant City Engineer Reviewed By Charlie Howley SUGGESTED ACTION "The Chanhassen City Council adopts a resolution awarding a consulting agreement for construction material testing to Braun Intertec for the 2023 City Pavement Rehabilitation and the 2023 Mill and Overlay projects." Motion Type Simple Majority Vote of members present Strategic Priority Asset Management SUMMARY The 2023 City Pavement Rehabilitation and the 2023 Mill and Overlay projects require a consultant for construction materials testing and associated engineering services to provide the required quality assurance testing set forth in the project documents and city specifications. The Engineering Department created a Request for Proposals (RFP) to solicit work to qualified firms. 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. 84 Key dates and items relative to this project: On April 28, 2023, the Engineering Department solicited an RFP for construction materials testing. On May 8, 2023, the City Council hosted a Public Hearing, adopted the final assessment roll, accepted the bids, and awarded a construction contract to Northwest Asphalt for the 2023 City Pavement Rehabilitation project. On May 12, 2023, the Engineering Department received proposals from American Engineering Testing and Braun Intertec in response to the RFP. On May 22, 2023, the City Council hosted a Public Hearing, adopted the final assessment roll, accepted the bids, and awarded a construction contract to Northwest Asphalt for the 2023 Mill and Overlay project. DISCUSSION The Engineering Department solicited proposals from American Engineering Testing, Inc. and Braun Intertec Corporation for the materials testing and associated engineering services required to facilitate the construction of the projects. Both firms submitted proposals. The consultants were directed in the RFP to separate their proposals by project but both proposals were evaluated in aggregate from each firm as requested by the RFP in order to make a recommendation for selection. The Engineering Department recommends using one firm for both projects to promote efficient use of staff time and lower overall costs. The proposals were reviewed to compare the proposed work scopes, testing rates, and estimated costs. This also included a review of the level of effort and clarity of each firm's proposal in meeting the specifications of the project. As needed, assumed quantity and/or testing rate amounts in the proposal were adjusted to facilitate a comparison of equal amounts. The proposals were analyzed, and the results are as follows: American Engineering Testing - $102,050 Braun Intertec - $95,186 Upon review of each proposal - the Engineering Department feels the proposal from Braun Intertec had a better understanding of the projects and the testing needs. There was better communication between the city and Braun Intertec as well when the RFP was solicited. It should also be noted and considered that American Engineering Testing was awarded and performed the geotechnical investigation and reporting work for the projects. Staff does not think the geotechnical investigation services should dictate the selection of the same firm for the construction materials testing services, but generally, it is preferable if it works out in that manner from a continuity perspective. Both firms have the required certified personnel, are capable of completing the required work, and have successfully completed past work for the city. Based on the overall review of the proposals and the difference in cost, staff recommends that Braun Intertec be selected for the work. Braun Intertec's proposal is on a unit cost basis and billed per personnel hours and/or tests at set rates provided in their proposal. Staff recommends an agreement amount of $98,000.00 be awarded to allow for minor adjustments to the testing quantities without the need for processing a contract modification. Braun will submit monthly invoices that staff will review before processing. Staff will review the 85 invoices for accuracy and conformance with the contract. BUDGET Funding for both projects will be through the budgets established for each construction project. RECOMMENDATION Staff recommends the City Council approve entering into the contract with Braun Intertec for construction material testing services in the amount of $98,000.00, which includes a small contingency for additional services that routinely arise during construction. ATTACHMENTS Resolution Professional Services Agreement - Braun Intertec AET Proposal - Chanhassen 2023 CMT Projects Braun Proposal - Chanhassen 2023 CMT Projects 86 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 5, 2023 RESOLUTION NO:2023-XX MOTION BY: SECONDED BY: A RESOLUTION AWARDING A CONSULTANT AGREEMENT FOR CONSTRUCTION MATERIALS TESTING ON THE 2023 CITY PAVEMENT REHABILITATION AND THE 2023 MILL AND OVERLAY PROJECTS WHEREAS,pursuant to a request for proposals for Project No. 23-01 (2023 City Pavement Rehabilitation Project) and Project No. 23-04 (2023Mill and Overlay Project), two proposals were received and evaluated that complied with the request for proposal: Bidder Quote Amount American Engineering and Testing $102,050.00 Braun Intertec $95,186.00 WHEREAS,it was evaluated by staff that Braun Intertec had the lowest responsible quote and best met the scope of the request for proposals. A consultant contract amount of $98,000.00 is recommended to be awarded to allow for minor revisions to unit price testing quantities during construction to facilitate not needing to approve a contract revision. NOW, THEREFORE, BE IT RESOLVED bythe Chanhassen City Council: 1. The Mayor and City Manager are hereby authorized and directed to enter into a consulting agreement with Braun Intertec in the name of the City of Chanhassen for the materials testing services for the 2023 City Pavement Rehabilitation Project No. 23-01 and the 2023 Mill and Overlay Project No. 23-04 according to the proposal and the plans and specifications on file in the office of the City Engineer. PASSED AND ADOPTED by the Chanhassen City Council this 5th day of June, 2023. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor YES NO ABSENT 87 1 201749v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 5th day of June, 2023, by and between the CITY OF CHANHASSEN,a Minnesota municipal corporation ("City") and BRAUN INTERTEC CORPORATION ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1.SCOPE OF SERVICES. The City retains Consultant for construction materials testing and evaluation services. 2.CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A.This Professional Services Agreement; B.Request for Proposal for 2023 City Pavement Rehabilitation and 2023 Mill and Overlay projects distributed April 28, 2023; C.Insurance Certificate; D.Consultant’s May 15, 2023 proposal for Construction Materials Testing Services (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 3.COMPENSATION. Consultant shall be paid by the City for the services described in the Proposal anot to exceed feeofNinety-Eight ThousandDollars ($98,000), inclusive of expenses. Services performed directly by Consultant shall be paid at an hourly rate in accordance with the Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be adjusted if the estimated hours to perform a task, the number of required meetings, or any other estimate or assumption is exceeded. Consultant shall bill the City as the work progresses. Payment shall be made by the City within thirty-five (35) days of receipt of an invoice. 4.DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. 88 2 201749v1 5.CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 6.COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7.STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 8.INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9.INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Professional Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability policy on a primary and non- contributory basis. Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 10.INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, 89 3 201749v1 withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11.SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay interest of one and five-tenths percent (1.5%) per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12.CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County Minnesota. 13.MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14.COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 15.PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and 90 4 201749v1 defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 16.RECORDS. Consultant shall maintain complete and accurate records of hours worked and expenses involved in the performance of services. 17.ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 18.WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19.ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20.TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Consultant. In the event of termination, the City shall be obligated to the Consultant for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination. Dated: _______________, 2023.CITY OF CHANHASSEN BY: _____________________________________________ Elise Ryan, Mayor BY: _____________________________________________ Laurie Hokkanen, City Manager Dated: _______________, 2023._______________________ BY: _____________________________________________ Its 91 550 Cleveland Avenue North | Saint Paul, MN 55114 Phone (651) 659-9001 | (800) 972-6364 | Fax (651) 659-1379 | teamAET.com | AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. May 12, 2023 City of Chanhassen PO Box 147 7700 Market Blvd Chanhassen, MN 55317-0147 Attn: Mr. Matt Petite, Construction Manager mpetite@chanhassenmn.gov RE: Quality Assurance Testing Proposal 2023 Construction Materials Testing Projects City Project No. 23-01, 23-04 Chanhassen, Minnesota AET Proposal No. P-0023177 Dear Mr. Petite: Thank you for the opportunity to provide a proposal to perform testing services on the referenced projects. This proposal has been prepared in response to your email request on May 12,2023, and describes our understanding of the project, our anticipated scope of services, our unit rates, and an estimated total fee to perform these services. PROJECT INFORMATION The City of Chanhassen (the City) will be performing 2 street improvements project during the 2023 construction season. The project areas will include; Curry Farms/ Mulberry, Creek Run Trail, Saddlebrook, Mission Hills, Lake Susan Hills West, Bramble Drive, and Ches Mar Drive neighborhoods. The project will be funded with municipal funds. Completed plans or specifications were not available to us for review at the time this proposal was authored. We assume this project will incorporate the 2022 MnDOT Schedule of Materials Control (SMC) to determine the minimum testing rates for the project. This proposal is based on the Excel document provided the City. We understand Construction Inspection and Contract Management of the project will be performed by the City. 92 Quality Assurance Testing Proposal 2023 Construction Materials Testing Projects, City, MN May 12, 2023 AET Proposal No. P-0023177 Page 2 of 5 GEOTECHNICAL INFORMATION A geotechnical exploration and analysis was performed for this project by AET . The results were presented in our Report of Geotechnical Exploration and Review, AET Project No. P-0018335. Reference should be made to that report for more details regarding site conditions and recommendations. PROJECT APPROACH During the construction improvements, AET will provide experienced MnDOT certified Engineering Technicians to perform sampling and material testing services in accordance with the 2022 State Aid for Local Transportation Schedule of Materials Control (2022 SALT SMC). For this project, Ryan Schaefer will be AET’s contact. He can be reached at 651-603-6639 (office). AET requires a minimum of 24 hours’ notice of the need for Services. SCOPE OF SERVICES Based on our experience with the City on similar projects and the scope of services requested in the RFP, our anticipated scope of services is outlined below. These services will be provided on an on-call basis coordinated through authorized City field personnel. Soils Sampling and Testing Our estimate of the sampling and testing to be performed on the grading and base items is based on the requirements of MnDOT’s “Specified Density Method” and in accordance with the 2022 SALT SMC. AET will perform MnDOT Relative Density testing (Proctor) as well as in-place density and moisture testing on the following materials: • Utility Trench Backfill The MnDOT Dynamic Cone Penetrometer will be used to test compaction on the Class 5 Aggregate Base sections of the project following the MnDOT Penetration Index procedures in accordance with the 2022 SALT SMC. AET will perform the sampling of the Class 5 Aggregate Base materials and transport the samples to our St. Paul, Minnesota laboratory. City personnel will update AET on the schedule of material placement, material sources (including changes in source), and changes in quantities. 93 Quality Assurance Testing Proposal 2023 Construction Materials Testing Projects, City, MN May 12, 2023 AET Proposal No. P-0023177 Page 3 of 5 Full Depth Reclamation (FDR) AET will perform dynamic cone penetrometer (DCP) testing and moisture content testing of the full depth reclamation material and gradations in the field in accordance with the 2022 SALT SMC. The frequency of these gradations for an FDR project are at the discretion of the Engineer. We assume the City’s Inspector will perform depth checks of the FDR material. Bituminous Pavement Sampling and Testing As bituminous paving is being completed, AET personnel will pick up companion samples provided by the contractor, during each day of paving, and transport the samples to our St. Paul, Minnesota laboratory. Samples will be tested in our laboratory for MnDOT Gyratory Mix Properties as follows: • Gyratory Density (AASHTO T 312) MnDOT Modified • Rice Specific Gravity (ASTM D2041) • Asphalt Extraction and Aggregate Gradation (ASTM D2172 Method E-11) MnDOT Modified C137 and C117 • Fine Aggregate Angularity (AASHTO T 304, Method A, MnDOT 1206.5) • Percent Crushed Particles (MnDOT 1214.8) Concrete Sampling and Testing During the placement of concrete, AET will perform field testing consisting of slump, air content, temperature of the plastic concrete, and casting of cylinders for compression testing. The 2022 SALT SMC requires field testing for slump, air content, and temperature per every 100 cubic yards of each type of concrete placed each day. Compressive strength cylinders (1 set of 3 cylinders) are required once per every 300 cubic yards of each type of concrete placed each day; the cylinders will be retrieved the following day for curing and testing in our laboratory. The 3 cylinders are to be tested at 28-days. We are proposing to cast sets of 5 cylinders, with compressive strength testing as follows: 1 at 7 days, 3 at 28 days, and the 5th cylinder will be held in reserve for future testing if the 28-day strength requirement is not met. We have assumed City personnel will be compiling the concrete batch tickets, certificates of compliance, and AET’s field test results of the plastic concrete, which we will provide each day we are on-site performing testing services. REPORTING AET staff will prepare reports for the City to review. These reports will include the results of our field and laboratory testing as performed per the 2022 SALT SMC and testing frequencies 94 Quality Assurance Testing Proposal 2023 Construction Materials Testing Projects, City, MN May 12, 2023 AET Proposal No. P-0023177 Page 4 of 5 referenced in the project documents. Daily field reports will also be prepared and made available upon request. ESTIMATED FEES Our services will be provided on a unit cost basis according to the unit rates provided in the attached Materials Testing Estimate. Our invoices will be determined by multiplying the number of personnel hours or tests by their respective unit rates. The rates are from the annual fee schedule for 2022 projects. We have estimated a “minimum required estimate” for the project which estimates the tests needed to satisfy the requirements as defined in the 2022 SALT SMC and the project documents. The “likely needed estimate” is the cost that we anticipate will be required to complete the previously described testing services, based on our experience and assumed scheduling of the project. Therefore, we propose a budget cost estimate using the “likely needed” estimate for the scope of services for the project as outlined in this proposal. Our “likely needed” estimated fee is $102,050.00. We refer you to the attached Materials Testing Estimate as reference to how we arrived at this estimated cost for the projects. TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Construction Service Agreement—Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third-party beneficiaries. Please be advised that additional insured status is granted only upon written acceptance of the proposal. ACCEPTANCE AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions: 1) issuing an authorizing purchase order for any of the Services described in this proposal, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. 95 Quality Assurance Testing Proposal 2023 Construction Materials Testing Projects, City, MN May 12, 2023 AET Proposal No. P-0023177 Page 5 of 5 GENERAL REMARKS AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions or need additional information, please contact me. Sincerely, American Engineering Testing Ryan S. Schaefer Justin L. Staker, PE (MN) Geologist I Engineer II/Project Manager rschaefer@teamAET.com jstaker@teamAET.com 612-618-8066 651-523-1265 ACCEPTANCE AND AUTHORIZATION: AET Proposal No. P-0023177 SIGNATURE: PRINTED NAME: COMPANY: ADDRESS: PHONE NUMBER AND EMAIL: DATE: INVOICING INFORMATION (Provide Company AP Department Information, if present.) AP CONTACT NAME: BILLING/MAILING ADDRESS: AP PHONE NUMBER AND INVOICE EMAIL: P.O. NO./ PROJECT NO.: Attachments: Materials Testing Estimate Construction Service Agreement – Terms and Conditions Certificate of Insurance W9 96 AET P-0023177 3,000.00 12 60.00 720.00 17 Evaluation, Reporting, & Analysis LS 1 5,600.00 5,600.00 9 DCP Tests for Full Reconstruction (Class 5)EA 102,050.00TOTAL 19 Reimbursable Expenses LS 1 0.000.00 ITEM NO.ITEM UNITS QUANTITY UNIT PRICE TOTAL PRICE 2 Compaction Testing on soils (Nuclear Density Test)EA 90 40.00 3,600.00 1 2,470.0016Roll Pattern Testing and Asphalt Sample Pickup Trip Charge EA 38 65.00 Project Oversight & Management LS 1 4,700.00 4,700.00 74 60.00 4,440.008DCP Tests for Full Depth Reclamation EA 18 Geotechnical and Pavement Evaluation Allowance Allowance 1 7 Gradation Sample and Testing EA 25 130.00 3,000.00 2,450.00 6 Topsoil Borrow Sample & Testing EA 2 325.00 15 Roll Pattern Testing and Asphalt Sample Pickup Hourly Rate (Travel & Site)HR 86 110.00 9,460.00 3,250.00 3 Soils Testing Trip Charge EA 78 65.00 5,070.00 20 95.00 1,900.00 10 Concrete Testing & Casting Cylinders (Compressive Strength, Curing, & Handling) (4x8 inch)EA 132 40.00 5,280.00 11 Concrete Testing Hourly Rate (Travel & Site)HR 70 95.00 6,650.00 12 Cylinder Pick Up Hourly Rate HR 17,600.00 14 MnDOT Gyratory Mix Properties Verification Testing & Rice Testing EA 38 595.00 22,610.00 4 Soils Testing Hourly Rate (Travel & Site)HR 160 110.00 2,600.0013Concrete Testing and Cylinder Pickup Trip Charge EA 40 65.00 650.00 5 Proctor Sample & Testing EA 14 175.00 97 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 ACS 403C (01/23) AMERICAN ENGINEERING TESTING, INC. SECTION 1 - RESPONSIBILITIES 1.1 – This Service Agreement – Terms and Conditions (“terms and conditions”) is applicable to all services ("Services") provided by American Engineering Testing, Inc. (AET). As used herein “Services” refer to the scope of Services described in the proposal submitted by AET to C lient. The proposal, these terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order , task order, service order, or any other documentation for any of the Services, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement AND THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT AND ANY CORRESPONDING PROPOSAL ISSUED BY AET SHALL GOVERN UNLESS AUTHORIZED IN WRITING IN ADVANCE BY AET. 1.2 - Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and their client and/or Owner which contain flow-down provisions to AET, if they are included, site safety plans or other documents which may control or affect AET's Services. If new information becomes available or changes are made during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elev ation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will provide a representative for timely answers to project-related questions by AET. 1.3 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and recommendations regarding the same. However, AET’s Services do not relieve the contractors of their contractual responsibility to perform the ir work in accordance with approved plans, specifications and building code requirements. 1.4 - AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot stop work or waive o r alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of Services. 1.5 - AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute any assumption of those responsibilities. 1.6 - Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in sampling. Variations in conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations. 1.7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1.8 - Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1.9 - Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils are recommended to explore the deeper unseen soil and ground water conditions. Judgments made by AET personnel regarding the suit ability of materials and ground water conditions below the bottom of an excavation are limited if sufficiently deep test borings/soundings are not provided by the Client prior to our observations and judgments. AET’s opinions, conclusions and recommendations are qualified to that extent. 1.10 – Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client’s alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.11 – The AET proposal accompanying these terms and conditions is valid for thirty (30) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET’s right to revise the proposal as necessary. SECTION 2 – ON CALL SERVICES 2.1 - If AET’s Services are performed on an on-call basis at the direction of the Client or its authorized representatives, Client acknowledges the inherent limitations associated with performing engineering judgments and testing Services on a n on-call basis, including without limitation, the inability to completely evaluate, document or judge work and conditions not directly observed or tested by AET. AET’s opinions, conclusions, and recommendations are qualified to the extent of those limitations. 2.2 - Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally, above or below. AET can only provide judgments regarding the engineered fill system to adequately support th e design construction loadings by monitoring the filling process on a continuous basis for consistency of soil type, moisture content, lift thickness, and compaction effort. 2.3 – AET requires a minimum of 24 hours’ notice of the need for Services. AET will not be liable for claims, damages, or delays related to failure of Client to provide adequate advance notice to AET. SECTION 3 - SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING 3.1 - Client will furnish AET safe and legal site access. 3.2 – With the exception of public utilities which AET will contact state “call before you dig” notification centers (e.g. Gopher State One call in Minnesota), Client will mark or cause to be marked the location of all other underground utilities and structures (Facilities) that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 3.3 – Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney’s fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET s hall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. 3.4 - The location and elevation of a proposed structure or facility shall be staked (with offsets) and controlled by surveying or GPS equipment by others. AET’s measurements are made in relation to that information. The reliability of any opinions, conclusions, and recommendation s based on those measurements is strictly dependent on the accuracy of the staking or GPS information provided by others. 98 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 ACS 403C (01/23) AMERICAN ENGINEERING TESTING, INC. 3.5 - During construction, observations and testing Services are based on the positioning of the formwork by the contractor or its subcontractor. AET will not be responsible for any errors or damages resulting from improper location or positioning of the formwork. SECTION 4 - SAFETY 4.1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. Client or its authori zed representative(s) is responsible for the safety of the jobsite. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 4.2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 5 - SAMPLES 5.1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 5.2 - Non-hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 6 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three yea rs following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 7 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 8 - INSURANCE AET maintains insurance with coverage and minimum limits shown below. AET will furnish certificates of insurance to Client upon request. 8.1 – Workers’ Compensation Statutory Limits Employer’s Liability $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident Professional/Pollution Liability Insurance $1,000,000 per claim $1,000,000 aggregate 8.2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion of AET’s Services as outlined in our proposal, Property Damage, Personal Injury, and Contractual Liability coverage applicable to AET's indemnity obligations under this Agreement. 8.3 - Automobile Liability insurance shall include coverage for all owned, hired and non-owned automobiles. 8.4 - Professional/Pollution Liability Insurance is written on a claims-made basis and coverage will be maintained for one (1) year after completion of AET’s Services as outlined in our proposal. Renewal policies during this period shall maintain the same retroactive date. 8.5 - To the extent permitted by applicable state law, and upon Client’s signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an “additional insured” on AET’s Commercial General Liability Policy (Form CG D4 14, which includes blanket coverage fo r the Additional Insured on a Primary and Non-Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74). Any other endorsement, coverage or policy requirement may result in additional charges. 8.6 - AET will maintain insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably av ailable, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 8.7 - AET reserves the right to charge Client for AET’s costs for additional coverage requirements unknown on the date of the propo sal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. 99 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 ACS 403C (01/23) AMERICAN ENGINEERING TESTING, INC. SECTION 9 - DELAYS If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, pandemic, weather, or other items beyond AET's control, a reasonable time extension for performance of the Services shall be granted, and AET shall receive an equitable fee adjustment. SECTION 10 - PAYMENT, INTEREST AND BREACH 10.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice. Invoices will be paid without reductions for bond or retention. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 10.2 – Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agree ment and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET’s possession. If Client fails to c ure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 10.3 – AET reserves the right to pursue any unpaid invoice utilizing available remedies at law. AET explicitly reserves its Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. 10.4 – AET reserves the right to charge a 2.5% fee on any payment made using a credit card or debit card. SECTION 11 - CHANGE ORDERS AET's proposal associated with this project may provide an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will co mmunicate with Client and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for Services authorized under this agreement. Approval of a change order may be in writing, by electronic communication, or any directive for additional Services. SECTION 12 - MEDIATION 12.1 - Except for enforcement of AET’s rights to payment for Services rendered or to assert and/or enforce its lien rights, includin g without limitation assertion and enforcement of mechanic’s lien rights and foreclosure of the same, Client and AET agree that a ny 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 arbitration or the inst itution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 12.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator’s f ee and any filing fees equally and each party shall pay their own legal fees. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 13 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 10 hereof, payment of attorney’s fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, s hall be paid by the non-prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and other direct costs. SECTION 14 - MUTUAL INDEMNIFICATION 14.1 - Subject to the limitations contained in Sections 14 and 17, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's negligent performance of the Services. 14.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 14.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET’s Services are perf ormed, the Client shall include AET as an Additional Insured. 14.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence. SECTION 15 - NON-SOLICITATION Each party to this Agreement (a “Party”) agrees that it will not encourage, induce, or actively solicit any employee of the other party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring any such employee who has been terminated by a Party or its subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such employee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employee s or former employees of the other Party who contact the Party on its own accord. This Non-Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 16- MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other’s officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the Services provided by AET under this Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation, 100 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 ACS 403C (01/23) AMERICAN ENGINEERING TESTING, INC. to all consequential damages due to either party’s termination of this Agreement in accordance with the provisions of the Agreement and related documents and shall survive any such termination. SECTION 17 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET and its officers, directors, partners, employees, subcontractors, agents, and sub-consultants, to Client and/or Client’s employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney’s fees and costs) arising out of, resultin g from or in any way related to Services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty shall not exceed the total compensation in excess of costs received by A ET for Services or $50,000, whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. SECTION 18 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 19 - TERMINATION After 7 days' written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay AET for all Services performed, including demobilization and reporting costs to complete the Services. SECTION 20 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 21 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 22 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract for mat submitted by the Client as a condition for payment of AET's accrued Services. 101 102 103 AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com May 15, 2023 Proposal QTB178038 / QTB178102 Mr. Matt Petite City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Re: Proposal for Construction Materials Testing Services 2023 City Pavement Rehab Project (#23-01) 2023 Mill & Overlay Project (#23-04) City Project No. 23-01 and 23-04 Chanhassen, Minnesota Dear Mr. Petite: Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing services for the 2023 City Pavement Rehab and 2023 Mill & Overlay projects located in various neighborhoods within Chanhassen, Minnesota Since our inception in 1957, we have grown into one of the largest employee-owned engineering firms in the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project The projects consist of reconstruction and mill and overlays for approximately 6.17 miles of city streets. The projects have multiple locations around the city and include Curry Farms / Mulberry, Creek Run Trail, Saddlebrook, Mission Hills, Lake Susan Hills West, Bramble Drive, and Ches Mar Drive Neighborhoods. Curbs and sidewalks will have select removal and reconstruction. The construction materials testing portion of work involves utility installation, bituminous pavements, aggregate base and full depth reclaim sampling and laboratory testing, dynamic cone penetrometer testing of compacted aggregate base and full depth reclaim, concrete field and laboratory testing, and bituminous field and laboratory testing. Available Project Information This proposal was prepared using the following documents and information.  The Requests for Proposals For 2023 Construction Materials Testing from the City of Chanhassen emailed May 3, 2023.  The specific amounts of various tests requested for the projects provided by the City of Chanhassen via email in Microsoft Excel form. 104 City of Chanhassen Proposal QTB178038 / QTB178102 May 15, 2023 Page 2  Project plans for 23-01 prepared by Bolton & Menk, Inc., dated March 23, 2023.  Project overlay plans and typical sections for project 23-04 prepared by The City of Chanhassen, dated March 5, 2023. Project Team For this project we propose to use Tom Loosbrock as our lead senior technician and Jacob Collins as our project manager. Tom and Jacob will be supported by account leader, Andrew Valerius, and principal engineer, Charles Cadenhead. The project team has provided services on a number of City of Chanhassen projects in the past including: Orchard Lane Area Improvements, Minnewashta Manor Neighborhood Street Reconstruction, and the 2022, 2017, and 2016 Street Resurfacing and Rehabilitation Projects and state-aid projects Lake Lucy Road Rehabilitation, Lake Drive Improvements, and Minnewashta Parkway Rehabilitation. Tom Loosbrock is a senior engineering assistant responsible for field operation coordinating, general project management; soil density testing using nuclear and sand cone methods; soil excavation observations; DCP testing, concrete testing and bituminous testing. Jacob Collins is a project manager and will be the main point of contact for these projects. Jacob has more than 15 years of experience with special inspections and testing. He now acts as a project manager for commercial and transportation projects. His extensive on-site testing and special inspection experience related to concrete, masonry, structural steel, fireproofing, soils as well as with MnDOT testing for transportation will help any project as project manager. Jacob also assists technicians on-site with training to help ensure the tests and observations are done properly in accordance with the project at hand. Andrew Valerius is a senior project manager responsible for overseeing the quality control and day-to- day operations of engineering technicians involved in roadway and bridge projects, especially for state- aid and federally-funded projects. He has extensive experience working with the Minnesota Department of Transportation’s (MnDOT) Schedule of Materials Control and MnDOT’s Standard Specifications for Construction. Internally, he help leads the Braun Intertec transportation construction materials testing group for the State of Minnesota. Andrew also helps organize and presents at many educational sessions that focus on MnDOT’s specifications and procedures. Andrew’s past experience providing field services, such as soil density testing, concrete testing, bituminous and concrete batch plant observations, and testing services has allowed him to gain the necessary knowledge of field testing practices and practical site experience to perform his senior project manager role at a high level and deliver quality results safely. Charles Cadenhead has more than 24 years of experience in the transportation industry and more than 18 years of experience in delivering construction projects for owners (MnDOT and Anoka County) and other clients. With every project, from design-bid-build to design-build Charles has been one of the primary individuals entrusted with quality oversight from all aspects. While working for MnDOT his primary focus was on the construction side of projects, however with his experience at Anoka County and as a consultant he has been involved in both design and construction quality management. At Anoka County he was involved as early as the right-of-way process and used his expertise in construction to help manage risks associated with the design of projects. Projects have been various in size from simple span bridges and mill and overlays to large 105 City of Chanhassen Proposal QTB178038 / QTB178102 May 15, 2023 Page 3 design-build projects with over $200 million in construction. Charles brings years of contract administration and change management experience to bear in order to arrive at a successfully completed project. Resumes for Tom Loosbrook, Jacob Collins, Andrew Valerius, and Charles Cadenhead can be provided upon request. Scope of Services Services are performed under the direction of a licensed professional engineer. Testing services will be performed on an as-needed basis as requested and scheduled by you or your on-site project representative. After reviewing available information, our scope of services for the project will be limited to the tasks defined below. Soil Related Services  Measure the in-place dry density, moisture content and relative compaction of fill placed for pavement and utility backfill for compliance with the project documents. This task includes performing laboratory Proctor tests to provide maximum dry densities from which the relative compaction of fill can be determined, as well as the use of a nuclear density gauge to measure in-place dry densities and moisture contents.  Sample and test and aggregate base and reclamation materials for compliance with the project documents. This task includes laboratory gradation testing of these materials.  Perform dynamic cone penetrometer (DCP) tests on compacted aggregate base and reclaimed material. Concrete Related Services  Sample and test fresh concrete associated with pavement, curb-and-gutter, flatwork, and other site concrete for compliance with the project documents, and cast test cylinders for laboratory compressive strength testing. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us.  Measure and report the compressive strength of the concrete test cylinders for compliance with the project documents. A set of three cylinders will be tested at 28 days for each set cast per the project specifications. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. Bituminous Related Services  Sample and test bituminous pavement materials for compliance with the project documents. This task includes Rice specific gravity, Gyratory density, fine aggregate angularity, percent crushed, asphalt content and extracted aggregate gradation tests of the bituminous.  Provide nuclear density testing for the bituminous pavement on this project in establishment of a roll pattern on the day of paving. 106 City of Chanhassen Proposal QTB178038 / QTB178102 May 15, 2023 Page 4 Consulting, Project Communication and Reporting Services  Project management, including scheduling of our field personnel.  Review test reports, and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed.  Transmit test results to the project team on a weekly basis.  Provide a final report compiling all tests completed for the project upon completion of the projects and request. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the projects at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include:  We understand technician time provided in the ‘Request for Proposal’ for bituminous, concrete, and soils covers travel to site, sample pick up, on-site sampling, and on-site testing.  We understand, per the RFP, the soils and aggregate testing portion of the projects is estimated at 160 hours of technician time and 78 trips. In the technician hours nuclear density testing, material sampling, and DCP testing will be conducted.  We have adjusted the per unit price of compaction test on soils to be per hour in lieu of per test. We assume 70 hours of technician time to provide the 90 compaction tests noted for the 23-01 project.  We understand, per the RFP, laboratory testing of 25 gradation samples and 14 proctor samples will be conducted.  We understand, per the RFP, the concrete testing portion of the projects will involve 90 hours of technician time for testing and sample pick up with a total of 40 trips. We also understand that a total of 132 cylinders are estimated to be needed with each set being four cylinders.  We understand, per the RFP, the bituminous testing portion of the projects will include a total of 86 hours of technician time for sampling and nuclear density testing for roll patterns on days of paving. We also understand that 38 quality assurance samples of the bituminous mixes will be tested for MnDOT gyratory mix properties. 107 City of Chanhassen Proposal QTB178038 / QTB178102 May 15, 2023 Page 5  We understand, per the RFP, that an additional $3000 allowance of effort is to be included in the estimate for geotechnical and/or pavement evaluation and only be used if very poor soils or unstable base is encountered during excavations or if questions regarding pavements arise. A portion of the total allowance was put into each project’s estimate with the total being the value listed above.  We assume the project engineer of record will review and approve contractor’s quality control submittals and test results.  You, or others you may designate, will provide us with current and approved plans and specifications for the projects. Modification to these plans must also be sent to us so we can review their incorporation into the work.  We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Cost and Invoicing We will furnish the services described herein for the 23-01 project (Pavement Rehabilitation) for an estimated fee of $83,672 and for the 23-04 project (Mill & Overlay) for an estimated fee of $11,514. Our estimated costs are based on the request for proposal provided quantities. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges based on conversations with the contractor. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. 108 City of Chanhassen Proposal QTB178038 / QTB178102 May 15, 2023 Page 6 General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. 109 City of Chanhassen Proposal QTB178038 / QTB178102 May 15, 2023 Page 7 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to these projects further, please contact Jacob Collins at 612.418.8570 (jacollins@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Jacob D. Collins Project Manager Andrew M. Valerius Account Leader, Senior Project Manager Charles M. Cadenhead Jr., PE Vice President, Principal Engineer Attachments: Cost Estimate Table – 23-01 – QTB 178038 Cost Estimate Table – 23-04 – QTB 178102 City of Chanhassen Provided – Quantity Item Price Lists- 2 Pages One for each Project General Conditions (1/1/18) The proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date 110 Client:Service Description:Work Site Address: Various Neighborhoods Curry Farms / Mulberry, Creek Run Trail, Saddlebrook, Mission Hills, Lake Susan Hills West, Bramble Drive, and Ches Mar Drive Neighborhoods Chanhassen, MN 55317 City of Chanhassen Matt Petite 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 (952) 227-1100 Construction Materials Testing City Project No. 23-01 Proposal Total:$83,672.00 Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing and Observations Activity 1.1 Soils Observations and Testing $24,976.00 207 Compaction Testing - Nuclear 70.00 Hour 88.00 $6,160.00 1308 Nuclear moisture-density meter charge, per hour 70.00 Each 26.00 $1,820.00 217 Compaction Testing - DCP (FDR and Class 5)58.00 Hour 88.00 $5,104.00 209 Sample pick-up 12.00 Hour 88.00 $1,056.00 1318 Moisture Density Relationship (Standard), per sample 14.00 Each 194.00 $2,716.00 1228 Topsoil Testing with nutrients, per sample 2.00 Each 390.00 $780.00 1162 Sieve Analysis with 200 wash, per sample 20.00 Each 142.00 $2,840.00 1861 CMT Trip Charge 70.00 Each 50.00 $3,500.00 1230 Geotechnical Evaluation Allowance (T&M Billed as code 126)1.00 Each 1,000.00 $1,000.00 126 Project Engineer - Geotechnical Evaluation Allowance Hour 168.00 $.00 Activity 1.2 Concrete Observations and Testing $14,408.00 261 Concrete Testing 70.00 Hour 88.00 $6,160.00 278 Concrete Cylinder Pick up 20.00 Hour 88.00 $1,760.00 1364 Compressive strength of concrete cylinders (ASTM C 39), each 132.00 Each 34.00 $4,488.00 1861 CMT Trip Charge 40.00 Each 50.00 $2,000.00 Activity 1.3 Pavement Testing $32,488.00 209 Sample pick-up - Hot Mix Asphalt Sample 40.00 Hour 88.00 $3,520.00 207 Compaction Testing - Asphalt Roll Pattern Testing 32.00 Hour 88.00 $2,816.00 1308 Nuclear moisture-density meter charge, per hour 32.00 Each 26.00 $832.00 2689 MnDOT Asphalt Verification, per sample 32.00 Each 710.00 $22,720.00 1861 CMT Trip Charge 32.00 Each 50.00 $1,600.00 1230 Pavement Evaluation Allowance (T&M Billed as code 126)1.00 Each 1,000.00 $1,000.00 126 Project Engineer - Pavement Evaluation Allowance Hour 168.00 $.00 Activity 1.4 Project Management and Final Report $11,800.00 138 Project Assistant 26.00 Hour 88.00 $2,288.00 226 Project Manager 52.00 Hour 168.00 $8,736.00 228 Senior Project Manager 4.00 Hour 194.00 $776.00 Phase 1 Total:$83,672.00 Page 1 of 105/12/2023 02:48 PM Project Proposal QTB178038 Chanhassen - 2023 Pavement Rehabilitation CP 23-01 111 Client:Service Description:Work Site Address: Various Neighborhoods Curry Farms / Mulberry, Creek Run Trail, Saddlebrook, Mission Hills, Lake Susan Hills West, Bramble Drive, and Ches Mar Drive Neighborhoods Chanhassen, MN 55317 City of Chanhassen Matt Petite 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 (952) 227-1100 Construction Materials Testing City Project No. 23-04 Proposal Total:$11,514.00 Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing and Observations Activity 1.1 Soils Observations and Testing $3,370.00 207 Compaction Testing - Nuclear Hour 88.00 $.00 1308 Nuclear moisture-density meter charge, per hour Each 26.00 $.00 217 Compaction Testing - DCP (FDR and Class 5)12.00 Hour 88.00 $1,056.00 209 Sample pick-up 8.00 Hour 88.00 $704.00 1318 Moisture Density Relationship (Standard), per sample Each 194.00 $.00 1228 Topsoil Testing with nutrients, per sample Each 390.00 $.00 1162 Sieve Analysis with 200 wash, per sample 5.00 Each 142.00 $710.00 1861 CMT Trip Charge 8.00 Each 50.00 $400.00 1230 Geotechnical Evaluation Allowance (T&M Billed as code 126)1.00 Each 500.00 $500.00 126 Project Engineer - Geotechnical Evaluation Allowance Hour 168.00 $.00 Activity 1.2 Concrete Observations and Testing $.00 261 Concrete Testing Hour 88.00 $.00 278 Concrete Cylinder Pick up Hour 88.00 $.00 1364 Compressive strength of concrete cylinders (ASTM C 39), each Each 34.00 $.00 1861 CMT Trip Charge Each 50.00 $.00 Activity 1.3 Pavement Testing $6,448.00 209 Sample pick-up - Hot Mix Asphalt Sample 8.00 Hour 88.00 $704.00 207 Compaction Testing - Asphalt Roll Pattern Testing 6.00 Hour 88.00 $528.00 1308 Nuclear moisture-density meter charge, per hour 6.00 Each 26.00 $156.00 2689 MnDOT Asphalt Verification, per sample 6.00 Each 710.00 $4,260.00 1861 CMT Trip Charge 6.00 Each 50.00 $300.00 1230 Pavement Evaluation Allowance (T&M Billed as code 126)1.00 Each 500.00 $500.00 126 Project Engineer - Pavement Evaluation Allowance Hour 168.00 $.00 Activity 1.4 Project Management and Final Report $1,696.00 138 Project Assistant 4.00 Hour 88.00 $352.00 226 Project Manager 8.00 Hour 168.00 $1,344.00 228 Senior Project Manager Hour 194.00 $.00 Phase 1 Total:$11,514.00 Page 1 of 105/15/2023 11:47 AM Project Proposal QTB178102 Chanhassen - 2023 Mill and Overlay Project CP 23-04 112 PROJECT 23-01 - QUANTITY ITEM PRICE LIST $12,320 14 MnDOT Gyratory Mix Properties Verification Testing & Rice Testing EA 32 $710 $22,720 4 Soils Testing Hourly Rate HR 140 $88 $2,000 13 Concrete Testing and Cylinder Pickup Trip Charge EA 40 $50 $780 5 Proctor Sample & Testing EA 14 3 Soils Testing Trip Charge EA 70 $50 $3,500 20 $88 $1,760 10 Concrete Testing & Casting Cylinders (Compressive Strength, Curing, & Handling)EA 132 $34 $4,488 11 Concrete Testing Hourly Rate HR 70 $88 $6,160 12 Cylinder Pick Up Hourly Rate 7 Gradation Sample and Testing EA 20 $142 HR $2,716 6 Topsoil Borrow Sample & Testing EA 2 $390 $2,840 $194 74 $0 $0 8 DCP Tests for Full Depth Reclamation EA 18 Geotechnical and Pavement Evaluation Allowance Allowance 1 15 Roll Pattern Testing and Asphalt Sample Pickup Hourly Rate HR 72 $88 $6,336 ITEM NO. ITEM UNITS QUANTITY UNIT PRICE TOTAL PRICE 2 Compaction Testing on soils (Nuclear Density Test)HR 70 $26 $1,820 1 Project Oversight & Management LS 1 $5,900 $5,900 6 $0 $0 17 Evaluation, Reporting, & Analysis LS 1 $5,900 $5,900 9 DCP Tests for Full Reconstruction (Class 5) EA $83,672 TOTAL 19 Reimbursable Expenses LS 1 $0 N/A $1,600 16 COMMENTS Half of Activity 1.4, billed as T&M Billed per hour, code 1308, 90 Tests in Tech 70 Hours Activity 1.1, code 1861 Activity 1.1, codes 207, 217, and 209 Activity 1.1, code 1318, Lab Test Unit Charge Only Activity 1.1, code 1228, Lab Test Unit Charge Only Activity 1.1, code 1162, Lab Test Unit Charge Only DCP Testing only billed for labor hours, code 217 DCP Testing only billed for labor hours, code 217 Activity 1.2, code 1364 Activity 1.2, code 261 Activity 1.2, code 278 Activity 1.2, code 1861 Activity 1.3, code 2689 Activity 1.3, codes 209 and 207 Activity 1.3, code 1861 Half of Activity 1.4, billed as T&M Activity 1.1 and 1.3, code 1230 (Half in both activities) 15A Roll Pattern Testing - Nuclear Gauge Hourly Rental HR 32 $26 $832 Added scope by Braun Intertec, Activity 1.3 code 1308 $2,000 $2,000 Roll Pattern Testing and Asphalt Sample Pickup Trip Charge EA 32 $50 113 PROJECT 23-04 - QUANTITY ITEM PRICE LIST $1,760 14 MnDOT Gyratory Mix Properties Verification Testing & Rice Testing EA 6 $710 $4,260 4 Soils Testing Hourly Rate HR 20 $88 $0 13 Concrete Testing and Cylinder Pickup Trip Charge EA 0 $50 $0 5 Proctor Sample & Testing EA 0 3 Soils Testing Trip Charge EA 8 $50 $400 0 $88 $0 10 Concrete Testing & Casting Cylinders (Compressive Strength, Curing, & Handling)EA 0 $34 $0 11 Concrete Testing Hourly Rate HR 0 $88 $0 12 Cylinder Pick Up Hourly Rate 7 Gradation Sample and Testing EA 5 $142 HR $0 6 Topsoil Borrow Sample & Testing EA 0 $390 $710 $194 0 $0 $0 8 DCP Tests for Full Depth Reclamation EA 18 Geotechnical and Pavement Evaluation Allowance Allowance 1 15 Roll Pattern Testing and Asphalt Sample Pickup Hourly Rate HR 14 $88 $1,232 ITEM NO. ITEM UNITS QUANTITY UNIT PRICE TOTAL PRICE 2 Compaction Testing on soils (Nuclear Density Test)HR 0 $26 $0 1 Project Oversight & Management LS 1 $848 $848 6 $0 $0 17 Evaluation, Reporting, & Analysis LS 1 $848 $848 9 DCP Tests for Full Reconstruction (Class 5) EA $11,514 TOTAL 19 Reimbursable Expenses LS 1 $0 N/A $300 16 COMMENTS Half of Activity 1.4, billed as T&M Billed per hour, code 1308 Activity 1.1, code 1861 Activity 1.1, codes 207, 217, and 209 Activity 1.1, code 1318, Lab Test unit Charge Only Activity 1.1, code 1228, Lab Test Unit Charge Only Activity 1.1, code 1162, Lab Test Unit Charge Only DCP Testing only billed for labor hours, code 217 DCP Testing only billed for labor hours, code 217 Activity 1.2, code 1364 Activity 1.2, code 261 Activity 1.2, code 278 Activity 1.2, code 1861 Activity 1.3, code 2689 Activity 1.3, codes 209 and 207 Activity 1.3, code 1861 Half of Activity 1.4, billed as T&M Activity 1.1 and 1.3, code 1230 (Half in both activities) 15A Roll Pattern Testing - Nuclear Gauge Hourly Rental HR 6 $26 $156 Added scope by Braun Intertec, Activity 1.3 code 1308 $1,000 $1,000 Roll Pattern Testing and Asphalt Sample Pickup Trip Charge EA 6 $50 114 General Conditions GC Page 1 of 2 Section 1: Agreement 1.1 Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization (“Agreement”). This Agreement is the entire agreement between you and us. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words “you,” “we,” “us,” and “our” include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other documentation to authorize our scope of work (“Services”), any conflicting or additional terms are not part of this Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to terminate this Agreement without liability to you or others, and you will compensate us for fees earned and expenses incurred up to the time of termination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perform, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the performance or quality of Services. 2.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and further that site conditions may vary over distance or change over time. 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible for the failure of your contractors, and the providing of Services will not relieve others of their responsibilities to you or to others. 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, owner, project, or site health or safety. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior environmental, geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed Services. 3.2 You will provide access to the site. In the performance of Services some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of damage in the estimated charges. 3.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, losses, penalties and expenses (including attorney fees) involving buried objects that were not properly marked or identified or of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site or in a sample provided to us. You agree to provide us with information in your possession or control relating to such materials or samples. If we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 3.5 Neither this Agreement nor the providing of Services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. You agree to hold us harmless, defend, and indemnify us from any damages, claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless expressly set forth otherwise in this Agreement. 3.7 You agree to make all disclosures required by law. In the event you do not own the project site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, penalties, or losses and expenses, including attorney fees, related to failures to make disclosures, disclosures made by us that are required by law, and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property. We hereby grant you a license to use the reports and related information we provide only for the related project and for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify, defend, and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. 4.3 If you do not pay for Services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.4 Samples and field data remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 4.5 Electronic data, reports, photographs, samples, and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 115 GC Revised 1/1/2018 Page 2 of 2 Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices upon receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice a third party, we may do so, but you agree to be responsible for our compensation unless the third party is creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, your successful completion of any project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with our Schedule of Charges if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may consider the default a total breach of this Agreement and, at our option, terminate our duties without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party’s representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Notwithstanding anything to the contrary in this Agreement, neither party hereto shall be responsible or held liable to the other for punitive, indirect, incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output, or business interruption. 6.3 You and we agree that any action in relation to an alleged breach of our standard of care or this Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. Should you fail to meet the conditions above, you agree to fully release us from any liability for such allegation. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for Services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of this Agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the same may arise, whether in contract, tort, statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault, negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules. The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state or federal courts for that state. Each of us waives trial by jury. 6.7 No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual officers or employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it may be necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 7.3 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 This Agreement may be terminated early only in writing. You will compensate us for fees earned for performance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on performance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. 116 City Council Item June 5, 2023 Item Ordinance XXX: Consider Amending Chapter 20, Zoning, Chapter 18, Subdivisions, and Chapter 13, Nuisances File No.Item No: D.9 Agenda Section CONSENT AGENDA Prepared By MacKenzie Young-Walters, Associate Planner Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts an ordinance amending Chapter 20, Zoning, Chapter 18, Subdivisions, and Chapter 13, Nuisances of the Chanhassen City Code; and approves the summary ordinance for publication." Motion Type 4/5 Vote Strategic Priority N/A SUMMARY Staff has identified several areas of the City Code which could be amended in order to clarify existing practice and to remove obsolete requirements. In order to reduce administrative overhead, three code amendments that had a public hearing on May 16, 2023, have been consolidated into a single omnibus amendment. The three amendments are Adopting Performance Standards for Issuing Permits for Model Homes, Revising the List of Required Materials for Final Plat Applications, and Amending Nuisance Light and Lighting Standards. A brief description of each amendment is provided in the discussion section of this cover page, and a full staff report is provided as an attachment. A summary of comments made during the public hearing is provided in the Background section of this cover page. 117 Note: Approval of the proposed amendment requires a simple majority vote; however, approval of the summary ordinance requires a 4/5 majority vote. BACKGROUND Public Hearings were held on the proposed amendments during the May 16th Planning Commission Meeting. No members of the public attended or submitted comments for or against the proposed amendments. The Planning Commission voted 6 to 0 to recommend approval of all items. A summary of the Planning Commission's questions and comments for each item can be found below: Adopting Performance Standards for Issuing Permits for Model Homes Commissioner Noyes asked if these were common. Staff indicated that most larger subdivisions have them, but that it was rarer to come in prior to streets and other elements going in. Commission Noyes asked for clarification on if sewer and water were required. Staff indicated that essential services would always be required, but that requirements like the final course of asphalt could be waived. Revising the List of Required Materials for Final Plat Applications No questions or comments were made regarding the proposed amendment. Amending Nuisance Light and Lighting Standards Commissioner Noyes asked about the differences between commercial and residential lighting standards. Staff replied that businesses need to provide photometric data and are, in many ways, held to a higher standard. Commissioner Jobe asked about consistency in enforcement. Staff explained the reasonable person standard used by inspectors and noted that residents could appeal staff determinations to the Planning Commission. Commissioner Jobe asked how many of these complaints the city receives each year. Staff estimated about six and indicated that typically enforcement action was not needed or limited to adjusting the angle/placement of lights. Commissioner Alto asked about up-lighting trees/landscaping. Staff indicated that this would likely violate the nuisance ordinance. Commissioner Goff asked staff to look into the definition of glare between commercial and residential properties to verify if they were consistent. Subsequent research showed that there is a broader definition of glare for nuisance light on residential properties than lighting for commercial properties. Given the different contexts and presence of photometric data and associated standards for commercial properties, staff believes this distinction is appropriate. DISCUSSION Adopting Performance Standards for Issuing Permits for Model Homes 118 Issue: There have been several recent instances of developers requesting permission to construct model homes prior to the completion of required infrastructure (i.e. streets). Problem: Staff has handled these requests through the use of Memorandums of Understanding and Development Contracts; however, these methods are not standardized, nor are they always well suited to the purpose. Proposed Solution: Adopt performance standards for model homes (what infrastructure must be in place, parking requirements, criteria for issuing Certificate of Occupancy, duration of use, etc.) Rationale: Performance standards ensure clear expectations and equal treatment. Revising the List of Required Materials for Final Plat Applications Issue: The City Code requires that applicants for final plat submittal include two mylar copies and a 1” = 200’ scale paper reduction of the final plat. Problem: The city no longer files mylar plats and no longer uses 1” = 200’ scale paper reductions to track subdivisions. Proposed Solution: Reduce the requirements to a single mylar copy of the plat. Rationale: This change will bring the submittal requirements into line with what is actually required to record a subdivision and will remove unnecessary expenses for developers. Amending Nuisance Light and Lighting Standards Issue: Strictly interpreted, the nuisance ordinance would not permit motion-activated flood lights and exterior garage lights to operate after 11:00 p.m. Also, the city’s standards for lighting fixtures on poles are geared towards non-residential uses. Problem: These lights are common in residential areas and serve a valid security function, but often generate light that crosses property lines. Also, if commercial/industrial standards are applied to residential lots, most small pole-mounted lights would be prohibited. Proposed Solution: Amend nuisance ordinance trigger from a property line to a dwelling standard and exempt incidental light trespass from fixtures with a safety/security purpose. Also, clarify that the zoning code’s lighting standards do not apply to properties with residential dwellings, which instead should comply with the nuisance ordinance. 119 Rationale: These changes will allow the code to reflect how staff has understood and enforced the nuisance ordinance and will shift the focus to the impact on homes. Also, exempting homes from general pole lighting standards will continue to apply pole lighting standards to churches and parks in residential areas but will address the issue of commercial/industrial standards being applied to residences. BUDGET RECOMMENDATION The Planning Commission and staff recommend that the City Council approve the proposed ordinances. ATTACHMENTS Model Home Performance Standards Final Plat Application Requirements Nuisance Light and Lighting Standards Omnibus Ordinance June 2023 Summary of Ordinances June 2023 120 MEMORANDUM TO: Planning Commission FROM: MacKenzie Young-Walters, AICP, Associate Planner DATE: April 28, 2023 SUBJ: Standards for Model Homes ISSUE Several new residential developments have requested that the city allow them to construct a model home prior to the full completion of the development’s roads and other infrastructure. The city has accommodated these requests through a combination of memorandums of understanding (MOUs) and development contracts (DCs); however, the City Attorney has advised us that it would be preferable to adopt standards within the City Code. SUMMARY Model homes and temporary real estate offices are allowed in all of the city’s single and medium density residential districts as a permitted use and in the city’s high density residential districts as either conditional or interim uses. Issues have arisen when developers looking to market the development have requested that the city allow them to construct a model home prior to the completion of the development’s infrastructure, for example before the roads are complete. In these cases, the model home needs a temporary certificate of occupancy (CO) and the city has used a combination of Memorandum of Understandings (MOUs) and Development Contracts (DCs) to specify the conditions governing the issuance of these temporary COs and what must be done for the buildings to be given a permanent CO. Rather than draft MOUs or insert clauses into DCs in order to accommodate requests for model homes, staffs opinion is that it would be beneficial to adopt performance standards within the City Code clearly outlining the city’s expectations for model homes. This approach has the added benefit of letting the city enact general standards that apply to all model homes, not just those that are being constructed prior to the completion of a development’s infrastructure. The proposed standards would include provisions to ensure all model homes can be adequately accessed by the public emergency services, minimum parking requirements, and a limit on the period of time that a structure can be used as a model home. The amendment would also remove sections of the City Code that classify model homes as conditional uses or interim uses and remove the associated standards. Staff believes the proposed changes will streamline the process and create a transparent and consistent process and standards for any builder looking to erect a model home. 121 Planning Commission Standards for Model Homes May 16, 2023 Page 2 RELEVANT CITY CODE Sec. 1-2. – Rules of Construction and Definitions. Defines the term “model home”. Sec. 20-264. – Model Home. Lists parking, location, and duration criteria for model homes requiring conditional use permits (CUPs) or interim use permits (IUPs). Sec. 20-572, Sec. 20-592, Sec. 20-612, Sec. 20-632, Sec. 20-642 and Sec. 20-652 list model homes as permitted used for all low and medium density residential districts, Sec. 20-676 lists model homes as an interim use for the R-12 district. Sec. 20-683 lists model homes as a conditional use for the R-16 district. ANALYSIS Model homes are a typical feature of many developments, and the City Code currently allows model homes with no standards or review, beyond that which is associated with any other residential structure, in all its low and medium density residential districts. Model homes in the city’s high density residential districts are permitted for either interim or conditional uses and subject to minimum parking and access standards. Presumably the rational for this higher level of scrutiny is the more constrained parking typically present in townhome developments; however, staff is unaware of any conditional or interim use permits for model homes ever being applied for or issued for high density residential developments. This is likely because multi- family buildings typically have a leasing office or other sales mechanism and do not utilize model homes. While the conditional and interim use permit requirement for high density residential districts is unnecessary, there are good reasons to have minimum standards for model homes, especially those being constructed in a development where infrastructure improvements are not yet complete. The city cannot issue a CO until all infrastructure (water, sewer, roads, etc.) is complete; however, the city has historically used MOUs and DCs to allow for the issuance of temporary COs for model homes, subject to conditions. These conditions are designed to ensure that models homes do not pose a safety risk and focus on ensuring that emergency service vehicles can reach the site and that there is adequate infrastructure present to meet the requirements of the fire code (i.e., water service, fire hydrants, etc.). Staff is proposing adopting the conditions (access capable of supporting a fire truck and infrastructure meeting fire code) typically present in MOUs and DCs into the general City Code as requirements for the issuance of temporary CO as well as the presence of functional sewer and water services. Staff is also proposing including provisions requiring the full conversion of the model home into a residence as a condition for the issuance of the permeant CO and a limitation on the period of time that a structure may be used as a model home. A limitation on the duration that a structure can be used as a model home is necessary to prevent the permanent establishment of commercial 122 Planning Commission Standards for Model Homes May 16, 2023 Page 3 use within residential districts. These requirements will create transparency and make it clear what the city’s long-term expectations for these structures are. Finally, a requirement that model homes have at least 3 parking spaces is proposed to ensure that these structures do not disrupt neighborhoods by utilizing street parking or obstructing streets in situations where the street parking is not present. Driveways can be used to meet this requirement which will minimize the visual impact of the parking requirement on the development, and in cases where additional parking is required, the ordinance requires that it be removed and the area restored in order for the structure to receive its final CO. Staff believes the proposed ordinance will establish clear and consistent standards for model homes and remove the need to govern the issuance of temporary COs for model homes through MOUs and DCs. For these reasons, staff recommends the adoption of the proposed ordinance. ALTERNATIVES 1) Do nothing. The city can continue to use MOUs and DCs to accommodate these requests. 2) Add performance standards for model homes into the City Code. RECOMMENDATION Staff does not support Alternative 1 and recommends Alternative 2. The proposed amendments would read as follows: Proposed additions in bold, proposed deletions in strikethrough. Sec 20-264 Model Home This criterion applies only to dwelling units which are converted into office space on a temporary basis, removed following occupancy, or leasing of 90 percent of the units or three years after opening of development. a) Five parking spaces shall be provided. b) Lighting shall be provided to ensure safety. c) The structure must be located within 150 feet of a paved road surface (i.e. bituminous or concrete roadway). Sec 20-572 Permitted Uses The following are permitted uses in an "A-2" District: a) Agriculture. b) Antennas as regulated by article XXX of this chapter. c) Arboretums. d) Day care center for 12 or fewer children. e) Group home for six or fewer persons. 123 Planning Commission Standards for Model Homes May 16, 2023 Page 4 f) Public and private parks and open space. g) Single-family dwellings. h) Temporary real estate office or model home, subject to the requirements of section 20- 963. i) Utility services. Sec 20-592 Permitted Uses The following uses are permitted in an "RR" District: a) Agriculture. b) Antennas as regulated by article XXX of this chapter c) Day care center for 12 or fewer children. d) Group home serving six or fewer persons. e) Public and private parks and open space. f) Single-family dwellings. g) Temporary real estate office and model home, subject to the requirements of section 20- 963. h) Utility services. Sec 20-612 Permitted Uses The following uses are permitted in an "RSF" District: a) Antennas as regulated by article XXX of this chapter. b) Day care center for 12 or fewer children. c) Group home serving six or fewer persons. d) Public and private parks/open space. e) Single-family dwellings. f) Temporary real estate office and model home, subject to the requirements of section 20- 963. g) Utility services. Sec 20-632 Permitted Uses The following uses are permitted in an "R-4" District: a) Single-family dwellings. b) Two-family dwellings. c) Public and private parks and open space. d) Group home serving six or fewer persons. e) State-licensed day care center for 12 or fewer children. f) Utility services. g) Temporary real estate office and model home, subject to the requirements of section 20- 963. h) Antennas as regulated by article XXX of this chapter. 124 Planning Commission Standards for Model Homes May 16, 2023 Page 5 Sec 20-642 Permitted Uses The following uses are permitted in an "RLM" District: a) Antennas as regulated by article XXX of this chapter. b) Day care center 12 or less persons. c) Public and private parks and open spaces. d) Single-family dwelling. e) Temporary real estate office and model home, subject to the requirements of section 20- 963. f) Townhouses, two-family and multifamily dwellings. g) Utility services. Sec 20-652 Permitted Uses The following are permitted uses in an R-8 district: a) Townhouses, two-family, multifamily dwellings. b) Public and private parks and open spaces. c) Utility services. d) Temporary real estate office and model home, subject to the requirements of section 20- 963. e) Antennas as regulated by article XXX of this chapter. f) Continuing care retirement facility, subject to the requirements of section 20-965. g) Adult day care, subject to the requirements of section 20-966. Sec 20-672 Permitted Uses The following uses are permitted in an "R-12" District: a) Townhouses and multifamily dwellings. b) Public and private parks and open space. c) Utility services. d) Antennas as regulated by article XXX of this chapter. e) Adult day care, subject to the requirements of section 20-966. f) Continuing care retirement facility, subject to the requirements of section 20-965. g) Temporary real estate office and model home, subject to the requirements of section 20-963. Sec 20-676 Interim Uses The following are interim uses in the "R-12" District: a) Reserved. b) Temporary real estate office and model homes. Reserved. 125 Planning Commission Standards for Model Homes May 16, 2023 Page 6 Sec 20-683 Conditional Uses The following are conditional uses in an "R-16" District: a) Churches. b) Day care center. c) Group home serving from seven to 16 persons. d) Health services. e) Recreational beach lots. f) Temporary real estate office and model home. Reserved g) Towers and antennas as regulated by article XXX of this chapter. Sec 20-963 Temporary Real Estate Office or Model Home a) Purpose. It is the intent of this section to provide for the erection of model homes, which may include temporary real estate offices, in new residential developments. As model homes represent a unique temporary commercial use within a residential context, standards must be applied to ensure their compatibility with this environment and to prevent the creation of nuisances. b) Permit requirements. A building permit may be issued for a model home upon approval and recording of the final plat, provided that: 1. If constructed prior to the completion of public infrastructure improvements, access must be provided by at least a maintainable Class 5 aggregate base structurally sufficient to allow the public safe access to the proposed building site. The proposed access must be approved by the City Engineer prior to the issuance of a building permit; and, 2. The parcel must be located within 150 feet of a paved road surface (either concrete or bituminous roadway) or be served by a construction road meeting the road design and standards necessary to support a fire truck. 3. Adequate utility services must be provided to the model home which shall include fire hydrants for fire suppression needs as required by the Fire Code. c) Standards and limitations. Model homes within a residential development are subject to the following: 1. A temporary certificate of occupancy may be issued for model homes provided the public infrastructure improvements, excluding the final lift of asphalt and final restoration, if applicable, have been completed. These improvements must include approved sewer and water connections to in-service public mains. No permanent certificate of occupancy will be issued for a model home until all of the public infrastructure improvements have been completed and approved by the City Engineer, including final grading and stabilization in accordance with the building permit and development plans as approved by the City. 126 Planning Commission Standards for Model Homes May 16, 2023 Page 7 2. Model homes and temporary real estate offices shall be utilized solely for selling lots and/or homes within the residential development in which it is located. 3. Temporary off street parking facilities equal to three (3) paved spaces per model home dwelling unit or a model home with a temporary real estate office shall be provided. The head-in parking area on the driveway for the model home may be used to satisfy the off street parking requirement provided that the stalls are not in a tandem arrangement and no portion of the stall encroaches into the public right-of-way. The overall design, drainage, and surfacing of the temporary off street parking facility shall be subject to City approval. 4. Use of a structure as a model home shall terminate three years from the date of the issuance of a temporary or permanent certificate of occupancy or when 90 percent of the building permits for the residential development have been issued, whichever comes first, unless the period for use of a structure as a model home is extend by the Community Development Director. 5. No residential certificate of occupancy shall be issued for a model home or model home with a temporary real estate office until such time as the structure has been fully converted to a residence in compliance with the adopted Building Code. Additionally, such conversion shall include, but not be limited to, parking lot restoration and the removal of signage. g:\plan\city code\2023\adopt standards for model homes\model_home_issue_paper (2).docx 127 MEMORANDUM To:MacKenzie Young-Walters, Associate Planner From: Erik Henricksen, Project Engineer Date:4/26/2023 Subject:Section 18-41 Code Amendment Issue Summary: The City Code outlines the requirements for final plat submittals under Section 18-41. The current code requires two mylar copies and a one-inch equals 200 feet scale paper reduction of the final plat as submittals. The city no longer files mylar plats, while Carver County does, and the city no longer overlays a one-inch equals 200-foot scale paper reduction on half-section mapping to track subdivisions of land; all of this is now done digitally. The requirement to include these as submittals is obsolete. Alternatives: 1)Do nothing. Obsolete documentation will continue to be submitted with final plats. 2)Amend Section 18-41 to require only one mylar copy of the plat and eliminate the need for a one-inch equals 200 feet scale paper reduction. Recommendation: Staff recommends Option 2 to require only one copy of the final plat mylar and eliminate the need for the one-inch equals 200 feet scale paper reduction. The revised ordinance could read: Sec 18-41 Final Plat--Generally 1. Unless otherwise provided in the development contract for phased development, within one year after the date of the city council approval of the preliminary plat, the subdivider shall file an application for approval of the final plat. In addition to the application, the subdivider shall submit: 1. Copies of the plat in such quantities as is required by the city; 2. Two One mylar copies of the plat; 3. One inch equals 200 feet scale paper reductions of the final plat with just street names and lot and block numbers; 4. A digital copy in .dxf format and a digital copy in .tif and .pdf format of the final plat shall be submitted. The digital files must be in the current Carver County coordinate system. 128 MEMORANDUM TO:Planning Commission FROM:MacKenzie Young-Walters, Associate Planner DATE:May 16, 2023 SUBJ:Nuisance Light and Lighting Standards Issue: If strictly interpreted and enforced the nuisance light and lighting standards contained in the City Code prohibit many common forms of residential lighting. Summary: Many homes in the city have exterior lighting fixtures which violate the city’s nuisance ordinance and lighting standards. For example, the city declares light crossing a property line after 11:00 p.m. to be a nuisance if it causes discomfort or annoyance; however, many properties have exterior lights, often motion activated, which may turn on after 11:00 p.m. and which when illuminated inevitably produce light that crosses property lines. Similarly, there is often a direct line of sight to these fixtures from a point five feet above the ground at the property line; however, the concern of the nuisance ordinance should be the impact on the neighboring homes, not if something is visible from a point on the property that is a significant distance from the dwelling. Finally, the city’s standards for lighting fixtures on poles are geared towards commercial, industrial, recreational, and institutional lighting fixtures, such as those that illuminate parking lots, and do not necessarily make sense when applied to the smaller poles and fixtures commonly found on residential properties. Staff’s practice has been to rely on the “such intensity as to cause discomfort or annoyance” clause in the nuisance ordinance to avoid taking action when responding complaints about light fixtures that staff determines to be typical and serving a valid purpose on residential properties; however, it would be beneficial to amend the nuisance ordinance’s language to better reflect how the ordinance is actually interpreted and enforced. To this end, staff is proposing replacing language addressing the property as a whole with language referring to the dwelling itself, removing the five foot above PROPOSED MOTION: “The Chanhassen Planning Commission recommends that the City Council adopts the proposed ordinance amending Chapter 13 and Chapter 20 concerning nuisance light and lighting standards.” 129 Nuisance Light May 16, 2023 Page 2 2 ground at property line clause, and adding language exempting typical residential lights from the light trespass category, so long as the light trespass is incidental to a valid safety or security purpose. Finally, staff proposes exempting light fixtures on poles on properties with a residential dwelling unit from the general cut off standards and instead requiring them to meet the requirements of the nuisance ordinance. Staff believes these changes will help avoid confusion about what is and is not a light nuisance by better aligning the text of the city’s nuisance light ordinance with historic enforcement practices. Relevant City Code: Section 13-2(c)(24): Governs nuisance light on residential properties. Defines different types of nuisance light and when it is determined to be a nuisance. Section 20-913: General performance standards for lighting, with an implied focus on non- residential properties. Analysis: There are three types of common residential lights that have the potential to violate the current nuisance light ordinance: garage lights, motion activated flood lights, and decorative pole lights. Residents often leave garage lights on throughout the night or install motion activated flood lights in order to deter criminals or allow for safer ingress and egress when arriving home after dark. In both these cases, lights can be on between the hours of 11:00 p.m. and 7:00 a.m. which would subject them to the city’s direct glare and light trespass nuisance ordinance. Staff believes that typical residential lights that serve a safety/security purpose should not be considered nuisances as long as reasonable efforts have been made to mitigate their impact on neighboring residences, and is proposing adding an exemption to the nuisance code, similar to the one that exists for street lights, for these types of lights. Additionally, as it is currently written light trespass and direct glare are considered nuisances when they impact a residential property, light trespass, or there is a line of sight between the light source and a point five feet above the ground at the property line, direct glare, at an intensity that causes discomfort or annoyance. While the “at an intensity that causes discomfort or annoyance” standard is understood to mean that an objective party, i.e. the code enforcement officer, finds a reasonable person 130 Nuisance Light May 16, 2023 Page 3 3 would find annoying, the language regarding property and property lines can be problematic, especially in districts where homes can be built close to property lines. In these cases, there are instances where a light may be uncomfortably bright at the property line but may not be an issue once it reaches the actual neighboring residence, flood lights often fall into this category. Staff’s determinations in these instances has been that the impact of the light on the neighboring home is more important than the issue of if a light can be seen when standing on the property line. For this reason staff is proposing changing the property/property line language to “another dwelling” in order to clarify that the intent of the nuisance ordinance is to prevent negative impact on the home. Finally, there is a section of the city’s zoning code that regulates lighting; however, it is very clear from the language of this section that it is intended to focus on non-residential lighting. Particularly problematic is the provision regluing pole lights which stipulates a 90 degree cut off. This provision, if applied to residential districts, would prevent the installation decorative lamp style lights as well as any other type of light mounted on a pole that does not have a 90 degree cut off. Staff believes the language regulating the 90 degree cut off should only be applied to properties without a residential dwelling and that pole lights on residential properties should be subject to the nuisance ordinance. This change should eliminate instances where typical residential lights are technically violating the city’s zoning code. Recommendation: Staff recommends that the Planning Commission recommend that the City Council adopt the proposed amendment. The proposed amendments would read as follows: Section 13-2(c)(24) 24. Nuisance light on residential properties. 131 Nuisance Light May 16, 2023 Page 4 4 a)Definitions.In this section: 1.Direct glare means an excessive brightness contrast producing a sensation of visual discomfort resulting from insufficiently shielded light source in the field of view. 2.Intermittent light means any artificial light which flashes, revolves or fluctuates in such a manner that the variance is easily distinguished by personal observation. 3.Light source means a device (such as a lamp) which provides visible energy. 4.Light trespass means light emitted that is visible beyond the boundaries of the property on which the light source is located. 5.Person means an individual, firm, partnership, trustee, agent, association, corporation, company, governmental agency, club or organization of any kind. b)Direct glare and light trespass declared a nuisance. Glare, light trespass and intermittent artificial light impacting on residential properties between the hours of 11:00 p.m. and 7:00 a.m., which cause loss of enjoyment, comfort or repose, and use of such properties as determined under subsection 13-2(24)c. of this section is declared a nuisance. c)Nuisance determined. 1. Light trespass shall be considered a nuisance when it impacts another dwelling residential property with such intensity as to cause discomfort or annoyance. 2. Direct glare shall be considered a nuisance when an artificial light source has not been properly located, shielded, directed or controlled, and as a result there is a direct line of sight between the light source or its reflection and a point five feet above the ground or higher at the property line of other residential property if to another dwelling with such intensity as to causes discomfort or annoyance. 3. Intermittent light shall be considered a nuisance when it impacts upon another dwelling a habitable area of other residential property with such intensity and variance as to cause discomfort or annoyance. d)Production of light nuisance prohibited. No artificial light source shall be installed, allowed to be installed or permitted on any property which light sources is an intermittent light source, or due to its intensity or physical characteristics, causes direct glare or trespasses onto a residential property in such a manner as to cause a nuisance during the hours of 11:00 p.m. through 7:00 a.m. e)Responsibility.It shall be the responsibility of every installer of artificial lights and every owner or occupant of property on which artificial lights are installed to comply with subsection 13-2(24)d. of this section. f)Exemptions.The provisions of subsections 13-2(24)d. and e. of this section shall not apply where: 1. Such lights are caused to be installed by the federal, state or local government or agency, to light public ways or areas for public benefit; or 2. Such lights are required by law for safety reasons and there is no practical way to control them to eliminate the nuisance. 3.Such lights are porch, garage, and/or motion activated lights located, directed, and shielded to illuminate the owner’s property for safety and/or security reasons, and the light trespass is incidental to these 132 Nuisance Light May 16, 2023 Page 5 5 purposes and reasonable efforts have been made to mitigate the impact of these lights on neighboring residences. Sec 20-913 Lighting a) Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. b) No light which is flashing, revolving or otherwise resembles a traffic-control signal shall be allowed in any area where it could create a hazard for passing vehicular traffic. State law reference(s)—Similar provisions, M.S. § 169.073. c) Lighting fixtures on poles shall comply with the following: 1. All fixtures on properties not containing a residential dwelling must be shielded, high pressure sodium or light-emitting diode (LED), with a total cutoff angle equal to or less than 90 degrees. Pole mounted fixtures on properties containing a residential dwelling must comply with Section 13-2(c)(24). 2. Fixture height shall not exceed 30 feet. Recreational facility light poles shall not exceed 75 feet in height. 3. Photometrics shall incorporate existing light fixtures, public or private, that may impact the site. 4. All outdoor light fixtures existing and legally installed prior to February 22, 1999, are exempt from the requirements of this article, unless work is proposed in any one-year period so as to replace 50 percent or more of the existing outdoor light fixtures, or to increase to the extent of 50 percent or more the number of outdoor light fixtures on the premises. d) Wall-mounted lighting in commercial, industrial and institutional districts shall comply with the following: 1. All wall-mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees. e) Lighting shall not be directed skyward except for lighting designed for illuminating the United States of America flag. g:\plan\city code\2023\nuisance light\nuisance light issue paper.docx 133 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.XXX AN ORDINANCE AMENDING CHAPTER 13, NUISANCES, CHAPTER 18, SUBDIVISIONS, AND CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1.Section 13-2(c)(24) of the Chanhassen City Code is amended to read as follows: 24. Nuisance light on residential properties. a)Definitions.In this section: 1.Direct glare means an excessive brightness contrast producing a sensation of visual discomfort resulting from insufficiently shielded light source in the field of view. 2.Intermittent light means any artificial light which flashes, revolves or fluctuates in such a manner that the variance is easily distinguished by personal observation. 3.Light source means a device (such as a lamp) which provides visible energy. 4.Light trespass means light emitted that is visible beyond the boundaries of the property on which the light source is located. 5.Person means an individual, firm, partnership, trustee, agent, association, corporation, company, governmental agency, club or organization of any kind. b)Direct glare and light trespass declared a nuisance. Glare, light trespass and intermittent artificial light impacting on residential properties between the hours of 11:00 p.m. and 7:00 a.m., which cause loss of enjoyment, comfort or repose, and use of such properties as determined under subsection 13-2(24)c. of this section is declared a nuisance. c)Nuisance determined. 1. Light trespass shall be considered a nuisance when it impacts another dwelling with such intensity as to cause discomfort or annoyance. 2. Direct glare shall be considered a nuisance when an artificial light source has not been properly located, shielded, directed or controlled, and as a result there is a direct line of sight between the light source or its reflection to another dwelling with such intensity as to cause discomfort or annoyance. 3. Intermittent light shall be considered a nuisance when it impacts upon another dwelling with such intensity and variance as to cause discomfort or annoyance. d)Production of light nuisance prohibited. No artificial light source shall be installed, allowed to be installed or permitted on any property which light 134 2 sources is an intermittent light source, or due to its intensity or physical characteristics, causes direct glare or trespasses onto a residential property in such a manner as to cause a nuisance during the hours of 11:00 p.m. through 7:00 a.m. e)Responsibility.It shall be the responsibility of every installer of artificial lights and every owner or occupant of property on which artificial lights are installed to comply with subsection 13-2(24)d. of this section. f)Exemptions.The provisions of subsections 13-2(24)d. and e. of this section shall not apply where: 1. Such lights are caused to be installed by the federal, state or local government or agency, to light public ways or areas for public benefit; or 2. Such lights are required by law for safety reasons and there is no practical way to control them to eliminate the nuisance. 3. Such lights are porch, garage, and/or motion activated lights located, directed, and shielded to illuminate the owner’s property for safety and/or security reasons, and the light trespass is incidental to these purposes and reasonable efforts have been made to mitigate the impact of these lights on neighboring residences. Section 2.Section 18-41(a) of the Chanhassen City Code is amended to read as follows: a)Unless otherwise provided in the development contract for phased development, within one year after the date of the city council approval of the preliminary plat, the subdivider shall file an application for approval of the final plat. In addition to the application, the subdivider shall submit: 1. Copies of the plat in such quantities as is required by the city; 2. One mylar of the plat; 3. A digital copy in .dxf format and a digital copy in .tif and .pdf format of the final plat shall be submitted. The digital files must be in the current Carver County coordinate system. If the final plat application is not filed within this period, the preliminary plat will be considered void unless for good cause shown an extension is requested in writing by the subdivider and granted by the city council prior to the one-year anniversary date of the preliminary plat approval. The application for final plat approval shall be filed at least 30 days prior to the meeting of the city council at which action is desired. Section 3.Section 20-264 of the Chanhassen City Code is amended to read as follows: Section 20-264 (Reserved) Section 4.Section 20-572(h) of the Chanhassen City Code is amended to read as follows: h) Temporary real estate office or model home, subject to the requirements of section 20-963. Section 5.Section 20-592(g) of the Chanhassen City Code is amended to read as follows: 135 3 g) Temporary real estate office and model home, subject to the requirements of section 20-963. Section 6.Section 20-612(f) of the Chanhassen City Code is amended to read as follows: : f) Temporary real estate office and model home, subject to the requirements of section 20-963. Section 7.Section 20-632(g) of the Chanhassen City Code is amended to read as follows: g) Temporary real estate office and model home, subject to the requirements of section 20-963. Section 8.Section 20-642(e) of the Chanhassen City Code is amended to read as follows: e) Temporary real estate office and model home, subject to the requirements of section 20-963. Section 9.Section 20-652(d) of the Chanhassen City Code is amended to read as follows: d) Temporary real estate office and model home, subject to the requirements of section 20-963. Section 10.The Chanhassen City Code is amended to add Section 20-672(g) to read as follows: g) Temporary real estate office and model home, subject to the requirements of section 20-963. Section 11.Section 20-676(b) of the Chanhassen City Code is amended to read as follows: b) Reserved. Section 12.Section 20-683(f) of the Chanhassen City Code is amended to read as follows: f) Reserved. Section 13.Section 20-913 of the Chanhassen City Code is amended to read as follows: Section 20-913 Lighting a) Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. b) No light which is flashing, revolving or otherwise resembles a traffic-control signal shall be allowed in any area where it could create a hazard for passing vehicular traffic. State law reference(s)—Similar provisions, M.S. § 169.073. c) Lighting fixtures on poles shall comply with the following: 1. All fixtures on properties not containing a residential dwelling must be shielded, high pressure sodium or light-emitting diode (LED), with a total cutoff angle equal to or less than 90 degrees. Pole mounted fixtures on properties containing a residential dwelling must comply with Section 13-2(c)(24). 136 4 2. Fixture height shall not exceed 30 feet. Recreational facility light poles shall not exceed 75 feet in height. 3. Photometrics shall incorporate existing light fixtures, public or private, that may impact the site. 4. All outdoor light fixtures existing and legally installed prior to February 22, 1999, are exempt from the requirements of this article, unless work is proposed in any one-year period so as to replace 50 percent or more of the existing outdoor light fixtures, or to increase to the extent of 50 percent or more the number of outdoor light fixtures on the premises. d) Wall-mounted lighting in commercial, industrial and institutional districts shall comply with the following: 1. All wall-mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees. e) Lighting shall not be directed skyward except for lighting designed for illuminating the United States of America flag. Section 14.Section 20-963 of the Chanhassen City Code is amended to add Section 20- 963 to read as follows: Sec 20-963 Temporary Real Estate Office or Model Home a)Purpose. It is the intent of this section to provide for the erection of model homes, which may include temporary real estate offices, in new residential developments. As model homes represent a unique temporary commercial use within a residential context, standards must be applied to ensure their compatibility with this environment and to prevent the creation of nuisances. b)Permit requirements. A building permit may be issued for a model home upon approval and recording of the final plat, provided that: 1. If constructed prior to the completion of public infrastructure improvements, access must be provided by at least a maintainable Class 5 aggregate base structurally sufficient to allow the public safe access to the proposed building site. The proposed access must be approved by the City Engineer prior to the issuance of a building permit; and, 2. The parcel must be located within 150 feet of a paved road surface (either concrete or bituminous roadway) or be served by a construction road meeting the road design and standards necessary to support a fire truck. 3. Adequate utility services must be provided to the model home which shall include fire hydrants for fire suppression needs as required by the Fire Code. c)Standards and limitations. Model homes within a residential development are subject to the following: 1. A temporary certificate of occupancy may be issued for model homes provided the public infrastructure improvements, excluding the final lift of asphalt and final restoration, if applicable, have been completed. These improvements must include approved sewer and water connections to in-service public mains. No permanent certificate of occupancy will be issued for a model home until all of the public infrastructure improvements have been completed and approved by the 137 5 City Engineer, including final grading and stabilization in accordance with the building permit and development plans as approved by the City. 2. Model homes and temporary real estate offices shall be utilized solely for selling lots and/or homes within the residential development in which it is located. 3. Temporary off street parking facilities equal to three (3) paved spaces per model home dwelling unit or a model home with a temporary real estate office shall be provided. The head-in parking area on the driveway for the model home may be used to satisfy the off street parking requirement provided that the stalls are not in a tandem arrangement and no portion of the stall encroaches into the public right- of-way. The overall design, drainage, and surfacing of the temporary off street parking facility shall be subject to City approval. 4. Use of a structure as a model home shall terminate three years from the date of the issuance of a temporary or permanent certificate of occupancy or when 90 percent of the building permits for the residential development have been issued, whichever comes first, unless the period for use of a structure as a model home is extend by the Community Development Director. 5. No residential certificate of occupancy shall be issued for a model home or model home with a temporary real estate office until such time as the structure has been fully converted to a residence in compliance with the adopted Building Code. Additionally, such conversion shall include, but not be limited to, parking lot restoration and the removal of signage. Section 15. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 5th day of June, 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]) g:\plan\city code\2023\omnibus ordinance_june.docx 138 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO.XXX AN ORDINANCE AMENDING CHAPTER 13, NUISANCES, CHPATER 18, SUBDIVISIONS, AND CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE The purpose of these Code amendments are as follows: Amend Section 13-2(c)(24) to reference dwellings rather than property lines and to exempt porch, garage, and motion active lights from nuisance ordinance when they serve safety/security functions and reasonable efforts have been made to mitigate their impact. Amend Section 18-41(a) to remove unnecessary items from the final plat application requirements. Amend Section 20-264 to remove conditional use standards for model homes. Amend Sections 20-572(h), 20-592(g), 20-612(f), 20-632(g), 20-642(e), 20-652(d) and 20-672(g) to state that temporary real estate office and model homes are permitted uses subject to the requirements of Section 20-963. Amend Sections 20-676(b) and 20-683(f) to remove temporary real estate office and model homes from the list of interim and/or conditional uses. Amend Section 20-913 to remove pole mounted lights on properties with residential dwellings from general lighting standards and instead subject them to the nuisance ordinance. Amend Sections 20-963 to establish performance standards for temporary real estate offices or model homes. 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 5th day of June, 2023, by the City Council of the City of Chanhassen. (Publish in the Chanhassen Villager on [insert date]) g:\plan\city code\2023\summary of ordinances_june.docx 139