CAS-05_LIFESTYLE CENTER - SW CORNER OF LYMAN & POWERS BLVDS.15 -ate
CITY OF CHANHASSEN
CARVER COUNTY AND HENNEPIN COUNTIES NE NNESOTA
DATE: _ April 13, 2015 RESOLUTION NO: 2015-22
MOTION BY: McDonald SECONDED BY: Ryan
RESOLUTION ORDERING UPDATE TO THE
ALTERNATIVE URBAN AREA WIDE REVIEW (AUAR) FOR THE
2005 METROPOLITIAN URBAN SERVICES AREA
WHEREAS, on August 11, 2003 the City of Chanhassen, acting as the official Responsible
Governmental Unit (RGU), approved Resolution 2003-70, an order for review requesting the initiation of an
AUAR for the 2005 MUSA; and
WHEREAS, on December 8, 2003 the City Council adopted a Final AUAR Environment Analysis
Document and Mitigation Plan in the 2005 MUSA; and
WHEREAS, in November 10, 2008 the city adopted the 2030 Comprehensive Plan; and
WHEREAS, a significant amount of development has occurred in the AUAR area but there are vacant
parcels; most significantly 118 acres with a land use designation of either office or regional commercial
designated in the 2030 Comprehensive Plan; and
WHEREAS, the City of Chanhassen is the Responsible Governmental Unit (RGU) assigned with the
responsibility of conducting the AUAR; and
WHEREAS, Minnesota Administrative Rule 4410.3610 requires that AUARs be updated every five
years unless development has occurred and land use and densities have changed since 2003; and
WHEREAS, the project area included approximately 600 acres within the City that is generally bound
by Lyman Boulevard on the north, Audubon Road on west, Pioneer Trail on the south, and Powers Boulevard
on the east, project area on the attached map shown as Exhibit A; and
WHEREAS, the anticipated nature, location and intensity of projected future development is consistent
with the development pattern stipulated in the current comprehensive plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Chanhassen adopts the Order for Review
for the upd% to the 2005 Chanhassen AUAR.
g::44/44/��
To d, Gerhardt, City Manager Denny Laufti9burger, Ma or
YES NO ABSENT
Campion
Laufenburger
McDonald
Ryan
Tjomhom SCANNED
I IS - OS
Chanhassen City Council — April 13, 2015 Au A �-
Councilman McDonald: Can somebody put it up on the screen?
Todd Gerhardt: The donation of $3,400 from the CAA.
Mayor Laufenburger: Okay.
Councilwoman Tjomhom: Take out 25?
Mayor Laufenburger: Yeah, remove $25,500. Replace it with $3,400. Is that the right number
Mr. Hoffman?
Todd Hoffman: Correct.
Mayor Laufenburger: Okay.
Councilman McDonald: Well I'll give it a shot.
Mayor Laufenburger: Alright, Councilman McDonald.
Councilman McDonald: The Chanhassen City Council accepts the donation of approximately
$3,400 from the Chanhassen Athletic Association and Dugout Club for dugout concrete for Lake
Ann Fields 1, 2 and 3 and labor to assist with infield improvements at the Chanhassen Recreation
Center. Is that one still in? Okay. Bluff Creek Elementary School with the conditions noted.
Mayor Laufenburger: That's a valid motion. Do we have a second?
Councilman Campion: Second.
Mayor Laufenburger: Thank you Councilman Campion. Any further discussion on the motion?
Resolution #2015-21: Councilman McDonald moved, Councilman Campion seconded that
the Chanhassen City Council accepts the donation of approximately $3,400 from the
Chanhassen Athletic Association and Dugout Club for dugout concrete for Lake Ann Park
(Fields #1, #2 and #3), and labor to assist with infield improvements at the Chanhassen
Recreation Center/Bluff Creek Elementary School with the conditions noted. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
CONSENT AGENDA DO). ADOPT RESOLUTION ORDERING THE UPDATE TO
THE AUAR, 2005 MUSA AREA; AND APPROVE PROFESSIONAL SERVICES
AGREEMENTS.
Mayor Laufenburger: Do we have a staff report?
Kate Aanenson: Yes, thank you Mayor, members of the City Council. On your March 10 City
Council meeting you directed to staff to prepare resolution for the update of the AUAR. That's
20
SCANNEC
Chanhassen City Council — April 13, 2015 +
what the motion before you would be to approve that resolution. As a part of that, included are
the two contracts. One for Hoisington-Koegler Group at $39,000 and one for Kimley-Hom at
$51,960. Both of these groups worked on the original AUAR. Be happy to go through any of
the parts of it but I think the applicant is the one that has a few questions and I'd be happy to
answer any questions that they may have regarding the process and the recommendations of the
consultants.
Mayor Laufenburger: Thank you Ms. Aanenson. Before I ask the applicant to speak is there any
questions or comments from council? Alright, is the applicant of the concept PUD present?
State your name and address please.
Darren Lazan: We are sir. Good evening Mr. Mayor. My name is Darren Lazan with Landform
Professional Services and I represent Level 7 Development. The developer for the Quadrant
which is the development that has spurred the discussion on the AUAR.
Mayor Laufenburger: Okay.
Darren Lazan: Appreciate your time to be here tonight. Have no power point. Was told I kept
you up too late last time so I will try to keep it a little cleaner this time. We're excited to be here
and excited to have this discussion. We continue to work on the plan and bringing this
development forward. A lot of moving parts. A lot of exciting components coming together.
We did request the AUAR be updated and we appreciate that consideration and I do want to
acknowledge right up front that there's a natural tension that occurs on all of these projects.
When an applicant is paying the bill and someone else is scoping and carrying out the studies so
we acknowledge that. I understand that that's going to be the case going forward and I hope
that's respected both ways and most of my comments are going to be as respectful as possible
challenging some of those scope items since my client's the one paying the bill so we're going to
walk through a couple of those and I think by way of just a little background. I think it's
important to understand that while an AUAR is required along this road to approving this
project, it's by no means the means at which a project is approved or denied. It's simply a means
of updating a study that was done. It's a means to assess the site's ability to carry or to handle
development at a given scale and the mitigation measures that may be necessary to handle that
development so there's nothing in the AUAR that says okay, we completed the study. X square
feet can be built or Y. That's all done down range at the PUD side. That's where you get to
have the input on the layout of the project. On the components of the project. We've had a lot
of use discussion. That's where that falls most likely in the PUD so I think we get balled up in
this AUAR like it's going to tell us what can be built here or what can be approved here. It's
simply a means to address those infrastructure components and say, this is what can be handled
if these mitigation measures are enacted. Again by way, a little bit of background. The original
AUAR was done in 2003. It's our understanding that was for roughly $100,000 dollars and it
took about 6 to 8 months to complete. There was one scenario studied and it was called in that
background information, it was called the worst case scenario which I think is a poor choice of
words but we'll use their words for this study so.
Mayor Laufenburger: Mr. Lazan, can I just interrupt you for a moment?
21
Chanhassen City Council — April 13, 2015
Darren Lazan: Sure
Mayor Laufenburger: Mr. Lazan, my assumption is that you have a few points that you want to
raise, is that correct?
Darren Lazan: Yes sir.
Mayor Laufenburger: Would you prefer that council or staff response to, respectfully respond to
each point as you make it? Would that be easiest for you?
Darren Lazan: No, I think at the end our request is that we move forward with the AUAR but we
work together so unless the council cares to get into that, into the weeds that far we would be
more than happy to do so but I think we can...
Mayor Laufenburger: But my assumption is that your recommendation at the end will be based
on all of these points, this is your recommendation. Is that correct?
Darren Lazan: This is our request, but yes sir.
Mayor Laufenburger: Okay.
Darren Lazan: And I think it would be easier if we went through.
Mayor Laufenburger: Okay, alright.
Darren Lazan: If council maybe weighed in on what they want more detail on we can do that.
Mayor Laufenburger: Okay, proceed.
Darren Lazan: And as I mentioned this is an update to the original AUAR so we have an AUAR
that's been completed. It's fairly extensive and this is an update. Extensive amount of
development has occurred. Roughly two-thirds of the study area has been developed so that
removes quite a bit of variables from the study and there has been extensive work done on part of
the City. Not only our site but all the surrounding areas so we have a pretty decent body of work
that's been done, not only when the study was originally done but subsequent to that with major
traffic improvements on Lyman and Powers and 212 and so forth so there's a pretty significant
body of work associated with that. And I think most of the concern that we have today that want
to express is on the scope of the proposed AUAR that's outlined in the packet and that applies to
both fee and structure obviously and without digging into all the details really there's three
components that are of greatest concern. One is the number of scenarios proposed. As best I can
tell from the information I have five scenarios are proposed. An existing. A no build scenario.
Those could be combined. They may have intended to be combined but it didn't read like that.
A, the Level 7 development proposal would be a scenario. The more intense development
scenario is a proposed scenario and then a scenario developed from your visioning exercise you
discussed earlier today so that's five scenarios compared to the original one scenario that was
part of the original study. Four or five. To be fair that existing and no build should and could be
22
Chanhassen City Council — April 13, 2015
the same scenario. There's approximately 13 workshops, meetings, chamber luncheons and so
forth. This is roughly 3 times what was done with the entire original study so I think we'd like
your input and we'd like some more consideration on the scope of the meeting involvement. The
workshops. Can these be combined? Can this be streamlined? Again it's roughly 3 times the
original scope of services in there. And the other major component is the traffic comprising
roughly $21,000 of the study portion. It analyzes 7 intersections. That's 4 more than the original
study analyzed. It didn't make mention of the work that's done. I think it's fair to assume that if
you're reconstructing Lyman and Powers was completely redeveloped, the intersection was done
with 212 that there should be an extensive body of work associated with that. It's currently
under construction so we had hoped we could maximize those studies and move that forward.
And again that reflects then obviously in the schedule. We kind of walked through that
originally when we requested the AUAR. We're very anxious to get it started. It really is
driving our process. The 6 month schedule that's out there is about twice what we originally
contemplated when we met with staff in November. The fee as well is roughly twice but the
scope and the schedule right now is very concerning that we, it appears we don't really start the
AUAR components related to the development until June and that maybe speaks a little bit to the
discussion earlier tonight about some of the visioning exercise that's bleeding into the AUAR.
And I think probably fundamentally the heartache that we have with it as a development team is
that we are bracketing the study of the infrastructure's ability to handle development with a no
build, which would be exactly what you see today or existing and the most intense development.
So we're unsure as to what the, until a concern is discovered along that way where we find
limitations with the most intense development, we don't believe we will. There really is no point
other than to expand the scope in doing the 3 steps in the middle. If the most intense
development uncovers issues related to any one of the AUAR components, maybe then we adjust
the scope. Back off and say well, the most intense development trips significant traffic concerns.
Let's back up and analyze one other scenario that is likely to help bracket that but we believe
based on what we've been told, what's been done on the roadways specifically in the past. What
you contemplated in your Comprehensive Plan that that most intense scenario will in fact prove
that the site can handle that component and normal mitigation efforts will be effective so with
that we certainly can stand for any questions but I think our request respectfully is that we break
that connection with the visioning exercise we talked about earlier tonight. That we allow the
AUAR to go forward while that parallels because we think that will be very useful input to the
next stage which is the PUD of development. That we order the AUAR tonight. Move it
forward but we work with staff to help narrow that scope. That we focus on possibly the existing
plus one or existing plus two scenarios instead of four. That we work to combine or streamline
the workshops and luncheons and other meetings that are there to be more reflective of the
original effort. And that we allow that to move forward as quickly as possible so that we can
take that feedback and help craft the PUD application that you'll entertain at the next step. So
with that I'll stand for any questions and certainly can dive into more detail if you folks want to
get that far into the weeds but I think we basically covered our concerns and we look forward to
your comments.
Mayor Laufenburger: Okay, thank you Mr. Lazan. Any questions or comments for the applicant
from council?
Councilman McDonald: Mr. Mayor.
23
"/
Chanhassen City Council — April 13, 2015
Mayor Laufenburger: Councilman McDonald, yes.
Councilman McDonald: It's not so much I have a question for the applicant yet but what I
would like to do is get a little bit of input from Ms. Aanenson to comment on those three issues
that he brought up. The number of scenarios. Number of meetings and workshops and traffic
studies in general. Can you help me understand a little bit about the importance of these? Where
the applicant fits into all this. I mean once we order this my understanding is, is that at that point
the contractor will talk to everybody and bring everybody together at the table. Is that a correct
assumption?
Kate Aanenson: Yes ultimately. I mean once you go out for review on this you have so many
days to enact it so we want to make sure that you're comfortable with what you put out there and
receiving comments on that. So one of the things that we did commit to, Kimley-Hom has some
meetings as does Hoisington-Koegler. Working with the applicant. As soon as this gets ordered
that we'd sit down and try to set those meetings in place to make them seem less. Shorten up
that schedule so we've already talked to them about that. Trying to get those on the books so
we're not duplicating meetings. Kimley-Horn and Hoisington-Koegler and Level 7
development, we can all be at the same meeting at the same time, that would be very helpful and
help shorten up the process and we certainly are willing to do that.
Councilman McDonald: Okay. And then a question for the applicant. After hearing that, the
fact that you know we are evidently willing to work with you and to try to get this thing done
because there is a time limit evidently and as you heard tonight we will separate it from the
whole thing about the visioning of what would be best for that area. Can you accept that and at
that point are we good to go as far as ordering this study?
Darren Lazan: Mr. Mayor, Member McDonald. Councilman McDonald. Certainly it's
refreshing and encouraging to hear that we will work together to limit the number of meetings
and I think that can be done and I'm comfortable that we can move forward with that component
and work with staff to fine tune that. I think it's important, and I don't know that we're going to
quantify tonight the traffic other than a good faith effort to make best use of the traffic and to
relook at the number of intersections we study and so forth but again if it's a good faith effort to
make the best use of those studies, we're fine. I think if we could get direction or confirmation
tonight that we could arrive at what scenarios will be analyzed I think we will have the highest
level of comfort that we can move forward and get this done.
Councilman McDonald: Well I guess with that, isn't that part of your discussion with Kimberly -
Horn? I mean from what you're bringing out here I would think that they would even agree with
you that yeah we go no build to maximize it and then at that point if that's what creates a
problem they're going to back off. You know I can't speak for them or anything such as that but
as I understand the process you know you would have input into all of that with them and I
would think that in order to again cut the time down yeah, you reduce the scenarios to try to get
at a good answer.
PZ11
Chanhassen City Council — April 13, 2015 %
Darren Lazan: I think that's an excellent point and we would be very excited to work in that
manner. I think again if we could have just a little bit of summary clarification that we'll work
together to address those three I'm more than happy to take that under direction and move
forward.
Councilman McDonald: Well I guess I would turn back to staff Mr. Mayor and just kind of ask
that you know in outlining that, isn't that the way it works? Is that once we give this over to
Kimberly -Horn that they will in good faith you know again try to work through this the most
efficient manner possible?
Kate Aanenson: Correct. I mean we're helping them. We're the governmental unit supervising
this project so we've already talked to both parties on that. Trying to streamline those meetings
and the like so yes, in good faith but I think just to reiterate. One of the issues that came up
during the concept PUD was some of the traffic concerns in the neighborhoods so I'll let Paul
Oehme, the City Engineer talk about that but we want to make sure that we are looking at some
of those, the SRF looked at all the external traffic. Didn't look at the internal traffic and that's
one of the things we want to make sure that our residents that raise that as concerns that we are
addressing that so...
Mayor Laufenburger: Mr. Oehme before you talk about traffic, let me just clarify here. Mr.
Lazan brought up three primary issues. The number of scenarios. The number of workshops.
take that to mean the number of meetings. And number three is the traffic and it sounds to me
like you agree that cooperation regarding the number of meetings and workshops is something
that can be addressed.
Darren Lazan: Yes sir.
Mayor Laufenburger: Would you agree on that? Okay. So let's, before we go to traffic let me
just clarify. The number of scenarios. Mr. Lazan, you're suggesting a no build scenario and a
max build scenario, is that correct?
Darren Lazan: Mr. Mayor I think we could start with a no build and a max build and very
quickly in the effort identify whether any intermediate, and I would suggest our proposal would
be a great intermediate. It'd be somewhere right in the middle of the no build and the max but
we start with those two and then meet again if we have an issue and expand the scope if that's
necessary.
Mayor Laufenburger: Just to clarify for the council. As I read the packet and the Hoisington-
Koegler Group proposal it specifically, very clearly identifies three scenarios and from those
three you identified five so I'm, you don't have to explain.
Darren Lazan: It's very simple. The two are existing and no build which have been added to the
traffic and send to the engineering component so that's the three development scenarios and as I
said sir it lays out like it's two more scenarios but really existing and no build should be the
same.
25
Chanhassen City Council — April 13, 2015
Councilman Campion: And Mr. Mayor I was confused as well.
Mayor Laufenburger: Mr. Campion.
Councilman Campion: And I was just thumbing through it. In Exhibit A I see what I think he's
talking about.
Mayor Laufenburger: Okay.
Councilman Campion: It does read like five.
Mayor Laufenburger: I stand corrected Mr. Lazan. So now let's talk about traffic. Mr. Oehme
you want to, do you have some comments that you want to share with us regarding traffic
studies?
Paul Oehme: Sure Mayor Laufenburger, City Council members. So as Ms. Aanenson had
indicated when we were going through the public process identifying, or through the project here
we did hear from concerned residents in this area about traffic and the need to look at the traffic
for this particular development in greater detail. The intersections that we identified are mainly
internal intersections that we want to look at and specifically for pedestrian movements,
crossings and such by city parks and at specific intersections as well too so that, we felt is a high
priority for the City to look at in this study is the traffic and make sure that we're doing our due
diligence and trying to cut down as much as we can on cut through traffic so.
Mayor Laufenburger: Kate you want to add anything to that?
Kate Aanenson: No but I mean certainly it doesn't mean we won't sit down with Kimley-Hom
and take a look at that and see if there's ways that, if there's other information out there we'll
always, you know we're willing to look at that and but we just want to put that out there that we
picked those intersections because of the input we received but certainly willing to work on that.
Paul Oehme: And Mayor if I can too. I mean the contract specifically for the traffic with
Kimley-Horn it is a time and materials not to exceed amount so you know they're only going to
bill us for what they have incurred in their costs so obviously we're not going to be passing any
more than what Kimley-Horn is going to be billing us to the developer so I just want to make
sure everybody's aware of that.
Mayor Laufenburger: Alright. Let me move to other council members if I can. Any other
questions or comments for the applicant or staff?
Councilwoman Ryan: Mr. Mayor.
Mayor Laufenburger: Councilwoman Ryan.
26
Chanhassen City Council — April 13, 2015
N
Councilwoman Ryan: Ms. Aanenson, when Mr. Lazan refers to, a couple times original effort
and initial conversations, what is he referring to when he talks about time frames with 6 months
versus 3 months and initial agreements of numbers of scenarios? What is that?
Kate Aanenson: I think we had some initial conversations about what could potentially be a time
frame and a dollar amount.
Councilwoman Ryan: And so if for the, the proposed motion, I know we've verbally
commented on making some of these changes but the motion says approving the professional
services agreements which Mr. Mayor was referring to at the three scenarios. The time line and
schedule and you know the meetings and workshops. I guess I'm not comfortable without a
change to a services agreement that has been discussed with, I mean do we typically change
service agreements before we vote on them? I mean this is an agreement that would be signed at
the end of the night and from just the brief conversation that we've had there's been a lot of
changes already so how does that typically?
Mayor Laufenburger: Mr. Gerhardt.
Todd Gerhardt: Mayor, City Council members. The agreement in front of you is a maximum
contract. It's an hourly rate with a not to exceed dollar amount. So typically when we get into
professional service contracts, not just with private developers but with well contractors. Water
treatment plant studies. It's usually a not to exceed amount because there's so many unknowns.
They may come back and say you know we'd like to look at a traffic studies if we go this way.
What this agreement does is gives us the most flexibility. We're going to work with the
developer. We're not going to require everything that's in the agreement. I think everybody has
kind of said that tonight and I've got to believe Landform has entered into these with other
communities. It gives staff and the developer the most flexibility so we don't have to keep
coming back to council saying can we do one more study in this area. It's not to exceed $90,900
and you know its amazing how two engineering firms kind of get together and they kind of agree
on what's the best method to study something. I've seen this multiple times over the last 5 years
and it is kind of a trust thing but if you would like to eliminate things in the contract we can
always bring something back to you so it's not to an exceed amount and I think there's been
clear direct tonight that you know some of the meetings won't be needed.
Councilwoman Ryan: And just to follow upon that because I, unless I didn't hear it I haven't
heard an issue with the dollar amount. It's the time line that's I believe of issue and the fact that
the AUAR update schedules in this document, that we would be voting on is again concerning
because this is laid out and I want to make sure that everybody's in agreement with the timeline.
Todd Gerhardt: Yeah. And what the timeline, you know the consulting engineers get together
and talk about it. And the planners. Don't want to forget the planners. But when there's certain
meetings that won't be needed that will reduce that timeline and if there's other things that we
can study upfront, like the concerns regarding Pioneer Pass Park. Maybe we can hold off on that
and concentrate on the Quadrant information first and bring that as kind of Phase I of the AUAR.
So concentrate on the stuff that Scott and their group needs to move ahead and feel comfortable
with what's occurring in and around the area.
27
Chanhassen City Council — April 13, 2015
Councilwoman Ryan: And how does that relate to then what we would be voting on tonight?
Todd Gerhardt: I think this agreement gives both of us the flexibility to flex the schedule. It's
kind of open ended but I think we're trying to give them the assurances that we'll concentrate on
their portion of it and that will be discussed at the first meeting with the consulting engineers.
Kate Aanenson: Can I just add too? I think the other thing that, this is verbatim Minutes. We're
on the record stating what our intentions are and in good faith it's on there so it's both our goals
to keep this moving forward in a timely manner and we want to work together on that so.
Mayor Laufenburger: I would also add, let me also add too that we're, both organizations have
people who are very experienced in this sort of thing so when we say that we're going to approve
this, essentially what we're doing is we're, we as a council are giving our permission to move
forward with this process in an efficient and an effective way recognizing that this is most
expensive, longest term scenario. Notice I didn't use that 5 letter word Mr. Lazan. So with the
intent on both parties, given guidance by the council to speed things up and do it for less money.
Councilwoman Ryan: And so would it make sense then to vote on moving forward with the
AUAR and voting on that and then asking for the services agreements to come back after they've
been revised?
Mayor Laufenburger: Mr. Gerhardt.
Todd Gerhardt: Mayor, City Council, I think that would delay it 2 weeks. You know you do
have on the first page of the professional service contract scope of services. City retains HKgi to
provide professional services described in the contract. HKgi must complete the services
specified in the contract document before November 1 and then we also have, which one is it
again Roger?
Mayor Laufenburger: 3 is not to exceed.
Todd Gerhardt: Not to exceed.
Roger Knutson: Paragraph 2 is scope of services.
Todd Gerhardt: Yeah the scope of services. So we can reduce the scope of services at any time
SO.
Roger Knutson: Maybe I could suggestion.
Mayor Laufenburger: Mr. Knutson.
Roger Knutson: If we could amend paragraph 2 to make you more comfortable. It specifically
says, right now it says the City retains HKgi to provide the professional services described in the
m
Chanhassen City Council — April 13, 2015
Contract Documents. The next sentence would read, the City retains the right to reduce the
scope of professional services.
Mayor Laufenburger: Is that an implied?
Roger Knutson: I just think putting it in there would be a good idea, that's fine.
Mayor Laufenburger: Okay.
Councilman Campion: Now what?
Mayor Laufenburger: Just a second. Councilwoman Ryan and the entire council, we meet
second Monday and the fourth Monday of every month and I think that if we put too many
restrictions on the City staff and the developer to come to us for check points that will naturally
put a length of time on it. My experience for the last 4 years and Councilwoman Tjornhom and
Councilman McDonald for much longer than that, we have seen that the professional staff that
we have in place, with the experience that they have in place. The number of years and the
projects that they've been involved with they will always, they will always do their best to insure
that they're spending the City taxpayer's money wisely and efficiently so I, my view is that I
would be in favor of giving them the approval to manage the program the way they have shown
us to manage programs in the past. That would be my perspective. Any other council members
for comments? Mr. Lazan, did you want to have a closing comment of some sort?
Darren Lazan: I would, thank you. You know we certainly appreciate the effort to nail down the
scope. Everybody wants to be clear upfront and had we had the time I would love to have a lot
more discussion and go back and revise those but I think you know in the interest of moving it
forward and making the best use of your time so we're not back here again if we, I think given
the content of the discussion today if we could approve the contracts as amended by the City
Attorney or as proposed by the City Attorney with the understanding that we're going to have an
initial charge meeting or initial scope meeting and if for some reason at that point we're not able
to come to an agreement on the reduction to the scenarios, the workshops and the traffic, maybe
then we'll come back and bother you but we would like to move it along and I think I'm hearing
tonight that there's an interest in doing so and I think that's probably the best and most
expeditious route.
Mayor Laufenburger: Okay, thank you Mr. Lazan.
Todd Gerhardt: Mayor.
Mayor Laufenburger: Mr. Gerhardt.
Todd Gerhardt: One other item that wasn't included in the staff report is that after the initial
scope meeting with the consulting professionals and Level 7 that $90,900 check be escrowed
was not included in the motion.
Mayor Laufenburger: So you want to make sure that that's included in the motion?
29
Chanhassen City Council — April 13, 2015
Todd Gerhardt: But only until after that scoping meeting is completed and they feel comfortable
with the scope. And same thing with the contract should be signed after that scoping study
meeting with the consulting professionals and Level 7.
Mayor Laufenburger: Okay. Comment or motion from council member
Councilwoman Ryan: Mayor may I have, make a clarification then to what Mr. Gerhardt just
said? So for the proposed motion based on what Mr. Knutson had suggested that adding to the
motion about that $90,000 held in escrow as well the contract won't be signed until after the
initial charge meeting.
Todd Gerhardt: Yep, the scoping study.
Councilwoman Ryan: Scoping study, okay.
Todd Gerhardt: Yes. So then everybody would leave that meeting feeling comfortable on the
vision going and still giving each party the flexibility to add or subtract to the contract.
Councilwoman Ryan: Okay, thank you.
Mayor Laufenburger: Anybody else comment or motion?
Councilman McDonald: I'll do a motion.
Mayor Laufenburger: Councilman McDonald.
Councilman McDonald: Okay I would propose that the Chanhassen City Council adopts a
resolution ordering the update to the Alternative Urban Areawide Review (AUAR) for the 2005
MUSA area and approves Professional Services Agreement with Hoisington.
Mayor Laufenburger: Hoisington.
Councilman McDonald: Hoisington-Koegler Group Incorporated and Kimley-Hom and
Associates Incorporated. And that we also add to this motion that there would be a $90,000
escrow amount after the scoping meeting and also that the contract would be signed after the
scoping meeting and all parties are in agreement with scope.
Mayor Laufenburger: And related to Mr. Knutson's comment about paragraph 2 of the
Professional Services Agreement.
Councilman McDonald: Also add Mr. Knutson's suggested improvement to number 2.
Mayor Laufenburger: We have a motion. Is there a second?
Councilwoman Ryan: Second.
30
Chanhassen City Council — April 13, 2015
d
Councilman Campion: Second.
Mayor Laufenburger: Councilwoman Tjornhom, I'll give that to you.
Councilwoman Tjomhom: I didn't even say anything.
Mayor Laufenburger: Excuse me.
Todd Gerhardt: You're the Mayor. You can do that.
Mayor Laufenburger: I've got a bad ear over here. I think I guess it was Councilwoman Ryan
who said second. Thank you very much. So we're, the motion is the language as it shows on, in
our packet with the addition of the payment and contracts to be, escrow payment and contract to
be signed after the initial scoping study and the language that the City can reduce the scope of
the contract at any time.
Todd Gerhardt: Correct.
Mayor Laufenburger: Any comments? Or discussion.
Resolution #2015-22: Councilman McDonald moved, Councilwoman Ryan seconded that
the Chanhassen City Council adopts a Resolution ordering the Update to the Alternative
Urban Areawide Review (AUAR) for the 2005 MUSA Area; and approves professional
services agreements with Hoisington-Koegler Group Inc. and Kimley-Horn and Associates
Inc. with the addition that the contract be signed and $90,960 escrowed after the scope of
services meeting is held, and with the addition to number 2 of the Professional Services
Agreement to add the sentence, "The City retains the right to reduce the Scope of
Services." All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Laufenburger: That motion carries 5-0. Thank you very much staff and thank you very
much Mr. Lazan and team.
APPOINTMENTS TO THE PARK AND RECREATION COMMISSION.
Mayor Laufenburger: This is the appointments to the Park and Recreation Commission. Over
the last several weeks we, the City Council and the Park and Recreation Commission has
conducted interviews for the open slots on the Park and Recreation Commission and first of all I
want to say thanks to all of the citizens that made application. We at the council are always
pleased to see people willing to invest their time and their energy in improving the City of
Chanhassen regardless of what commission it is and I'm pleased to make this in the form of a
motion. That we appoint Jim Boettcher and Julie Hougham to each, appointing each of them to a
3 year term on the Park and Recreation Commission. And also appointing youth representative
Lauren Dale as the youth representative for a one year term on the Park and Recreation
Commission. And that is a motion. Is there a second?
31
0
CITY OF
CAAHAASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone:952.227.1100
Fax: 952,227.1110
Building Inspections
Phone:952.227.1180
Fax:952.227.1190
Engineering
Phone: 952.227.1160
Fax:952.227.1170
Finance
Phone:952,227.1140
Fax:952.227.1110
Park & Recreation
Phone:952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone:952.2271400
Fax:952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax:952.227.1110
Public Works
7901 Park Place
Phone:952.227.1300
Fax:952.227.1310
Senior Center
Phone:952.227.1125
Fax:952.227.1110
Website
www.ci.chanhassen.mn.us
15'�'S Av�2
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Kate Aanenson, AICP, Community Development Director
DATE: April 13, 2015 6
SUBJ: Adopt Resolution Ordering the Update to the AUAR, 2005 MUSA
Area; and Approve Professional Services Agreements
"The Chanhassen City Council adopts a Resolution ordering the Update to the
Alternative Urban Areawide Review (AUAR) for the 2005 MUSA Area; and
approves professional services agreements with Hoisington Koegler Group hic.
and Kimley-Horn and Associates, Inc."
City Council approval of requires a simple majority vote of City Council.
After conceptual PUD was given to the Lifestyle Center at the March 9, 2015 City
Council meeting, staff was directed to prepare a resolution ordering the update to the
AUAR. Attached for approval are two professional services agreements, one from
Hoisington Koegler Group Inc. (HKgi) in the amount of $39,000 for land use
planning, document preparation, project management and public engagement; and
one from Kimley-Horn & Associates in the amount of $51,960 for engineering
services (traffic, sanitary sewer, potable water and storm water).
While the city is the Regulatory Governmental Unit (RGU) assigned with the
responsibility for conducting the AUAR, the developer, Level 7 Development, is
responsible for paying for the AUAR update.
1. Resolution.
2. Hoisington Koegler Group Inc. Professional Services Agreement.
3. Kimley-Horn and Associates, Inc. Professional Services Agreement.
gAplan12015 planning cases\2015-05 lifestyle cente6auaecc staff report 04-13-2015.dacx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
SCANNED
CITY OF CHANHASSEN
CARVER COUNTY AND HENNEPIN COUNTIES MINNESOTA
DATE: April 13, 2015 RESOLUTION NO: 2015-
MOTION BY:
SECONDED BY:
RESOLUTION ORDERING UPDATE TO THE
ALTERNATIVE URBAN AREA WIDE REVIEW (AUAR) FOR THE
2005 METORPOLITIAN URBAN SERVICES AREA
WHEREAS, on August 11, 2003 the City of Chanhassen, acting as the official Responsible
Governmental Unit (RGU), approved Resolution 2003-70, an order for review requesting the initiation
of an AUAR for the 2005 MUSA; and
WHEREAS, on December 8, 2003 the City Council adopted a Final AUAR Environment
Analysis Document and Mitigation Plan in the 2005 MUSA; and
WHEREAS, in November 10, 2008 the city adopted the 2030 Comprehensive Plan; and
WHEREAS, a significant amount of development has occurred in the AUAR area but there are
vacant parcels; most significantly 118 acres with a land use designation of either office or regional
commercial designated in the 2030 Comprehensive Plan; and
WHEREAS, the City of Chanhassen is the Responsible Governmental Unit (RGU) assigned
with the responsibility of conducting the AUAR; and
WHEREAS, Minnesota Administrative Rule 4410.3610 requires that AUARs be updated every
five years unless development has occurred and land use and densities have changed since 2003; and
WHEREAS, the project area included approximately 600 acres within the City that is generally
bound by Lyman Boulevard on the north, Audubon Road on west, Pioneer Trail on the south, and
Powers Boulevard on the east, project area on the attached map shown as Exhibit A; and
WHEREAS, the anticipated nature, location and intensity of projected future development is
consistent with the development pattern stipulated in the current comprehensive plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Chanhassen adopts the Order for
Review for the update to the 2005 Chanhassen AUAR.
ATTEST:
Todd, Gerhardt, City Manager
YES NO
Denny Laufenburger, Mayor
ABSENT
g1plan\2015 planning casesx2015-05 lifestyle cent"tiaetesolutionAmx
1 11
Le
y
G— i
3
1
r �PO
j`
l
1
r �PO
j`
l
PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 13th day of April, 2015, by and between the CITY OF
CHANHASSSEN, a Minnesota municipal corporation ("City") and HKgi.
IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES
AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS. The Contract consists of the following documents. In the
event of conflict among the documents the conflict shall be resolved by the order in which they are fisted
with the document listed first having the first priority and the document listed last having the last priority:
A. This Professional Services Agreement
B. HKgi proposal for 2005 AUAR Update dated March 25, 2015
C. Fee Schedule dated March 25, 2015
2. SCOPE OF SERVICES. The City retains HKgi to provide the professional services
described in the Contract Documents.
3. COMPENSATION. HKgi shall be paid by the City on an hourly basis in accordance with
the Fee Schedule, attached hereto as Exhibit "A", but not to exceed $39,000 including reimbu sables. The
not -to -exceed fees shall not be adjusted if the estimated hours to perform a task, the number of estimated
required meetings or any other estimate or assumption is exceeded except for as provided under section
5 below. The City will normally make payment within 35 days of receipt of a properly itemized invoice.
4. COMPLETION DATE. HKgi must complete the services specified in the Contract
Documents on or before November 1, 2015.
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. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis
and the like prepared by HKgi in conjunction with this contract.
7. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, HKgi shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided.
8. STANDARD OF CARE. HKgi 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
HKgi 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 HKgi's
services.
1
9. INDEMNIFICATION. HKgi 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 work or 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.
10. INSURANCE. HKgi shall secure and maintain such insurance as will protect HKgi 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 $1,000,000 each occurrence/aggregate
Automobile Liability $1,000,000 combined single limit
Excess/Umbrella Liability $2,000,000 each occurrence/aggregate
The City shall be named as an additional insured on the general liability and umbrella policies.
HKgi shall secure and maintain a professional liability insurance policy. Said policy shall insure
payment of damages for legal liability arising out of the performance of professional services for the City,
in the insured's capacity as HKgi, if such legal liability is caused by a negligent act, error or omission of the
insured or any person or organization for which the insured is legally liable. The policy shall provide
minimum limits of $1,000,000 with a deductible maximum of $100,000.
Before commencing work HKgi shall provide the City a certificate of insurance evidencing the
required insurance coverage in a form acceptable to City.
11. INDEPENDENT CONTRACTOR. The City hereby retains HKgi as an independent
contractor upon the terms and conditions set forth in this Agreement. HKgi is not an employee of the City
and is free to contract with other entities as provided herein. HKgi shall be responsible for selecting the
means and methods of performing the work. HKgi shall famish any and all supplies, equipment, and
incidentals necessary for HKgi's performance under this Agreement. City and HKgi agree that HKgi shall
not at any time or in any manner represent that HKgi or any of HKgi's agents or employees are in any
manner agents or employees of the City. HKgi shall be exclusively responsible under this Agreement for
HKgi'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.
12. SUBCONTRACTORS. HKgi shall not enter into subcontracts for services provided under
this Agreement without the express written consent of the City. HKgi shall comply with Minnesota
Statute § 471.425. HKgi must pay Subcontractor for all undisputed services provided by Subcontractor
within ten days of HKgi's receipt of payment from City. HKgi 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
2
Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more
is $10.
13. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
14. 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.
15. 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.
16. CONTROLLING LAWIVENUE. 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.
17. COPYRIGHT. HKgi 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.
18. PATENTED DEVICES, MATERIALS AND PROCESES. If the contract requires, or
HKGI desires, the use of any design, devise, material or process covered by letters, patent or copyright,
trademark or trade name, HKgi 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, HKgi shall indemnify and hold harmless the City from any and all claims for
infringement by reason of the use of any such patented designed, device, material or process, or any
trademark or trade name or copyright in connection with the services agreed to be performed under the
contract, and shall indemnify and defend the City for any costs, liability, expenses and attomey's fees
that result from any such infringement.
19. RECORDS. HKgi shall maintain complete and accurate records of time and expense
involved in the performance of services.
20. MINNESOTA GOVERNMENT DATA PRACTICES ACT. HKgi 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 HKgi pursuant to this Agreement. HKgi 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 HKgi receives a request to release
data, HKgi must immediately notify City. City will give HKgi instructions concerning the release of the
data to the requesting party before the data is released. HKgi agrees to defend, indemnify, and hold City, its
officials, officers, agents, employees, and volunteers harmless from any claims resulting from HKgi's
3
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.
21. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement or
any part thereof at any time, upon written notice to HKgi, effective upon delivery including delivery by
facsimile or email. in such event, HKgi will be entitled to compensation for work performed up to the
date of termination based upon the payment terms of this Agreement.
CITY OF CHANHASSSEN
BY:
Denny Laufenburger, Mayor
Dated: . 2015
AND:
Todd Gerhardt, City Manager
Dated: 2015
I 'J
M
Dated:
Brad Scheib, Vice President
g:�plan\2015 flaming mes\2015-05 lifestyle centet\ymfessio l_services_ _chanhassen_hkgi.dm
2015
0
Hoisington Kocglcr 6TOUP Inc- M13
To: Kate Aanenson, Community Development Director
From: Brad Scheib, AICP, Vice President
Subject: Proposal to perform an AUAR Update
Date: 25 March 2015
This proposal is made in collaboration with Kimley-Horn Associates Inc. (KHA). KHA will provide expertise
relative to traffic, sanitary sewer, potable water, and storm sewer systems per the attached work order.
Hoisington Koegler Group Inc. will provide land use planning, document preparations, project
management, and public engagement assistance. The following key tasks are proposed:
Update development scenarios: Hoisington Koegler Group Inc. (HKGi) will utilize the
development scenarios updated in April of 2012 as a starting point for the updated AUAR. These
scenarios will be revised to reflect three alternatives described as follow:
• One alternative will closely match development proposed by Level 7 Development LLC for
approximately 80 acres (parcel 250230500 and parcel 250230300) located on the
northeast corner of the 2005 AUAR project area.
• A second alternative will reflect a "highest impact" scenario likely to include a greater
concentration of office development.
• A third scenario will be derived based on input provided through a "visioning" session to
be facilitated by SRF Consulting Group on behalf of the City of Chanhassen.
Development and public improvements that have been completed since the original AUAR was
completed will be documented, quantified, and added to the development scenarios as existing
conditions and background data. Table 7.1 Project magnitude will be updated using a
comprehensive GIS database as the source data.
The following meetings will be conducted as part of task 1:
a. Two workshops with City Staff: one to confirm development scenarios and
assumptions and a second workshop to review resultant environmental impacts
(traffic and infrastructure focus).
b. Two workshops with Level 7 Development LLC: one to confirm development
scenarios and assumptions and a second workshop to review resultant
environmental impacts (traffic and infrastructure focus).
c. One meeting with other affected key property owners to inform them of the
project update and to confirm development scenarios.
d. Two workshops with elected/appointed officials: one to confirm development
scenarios and assumptions and a second to review resultant environmental
impact (traffic and infrastructure focused).
123 North Third Street, Suite 100, Minneapolis, MN 55401-1659
Ph (612) 338-0800 Fx (612) 338-6838 www.hkgi.com
Direct (612) 252-7122 Email Brad@hkgi.com
Chanhassen 2005 AUAR Update - Proposal
25 March 2015
Page 2
e. A neighborhood/community workshop to present development scenarios and
resultant environmental impact analysis (traffic and infrastructure focused).
Task I - KeyDeliverables: we will prepare a summary presentation for task 1 supported by
technical memorandums that will provide the content for updates to questions 6, 7, 9, 21 and
28. This summary will be the tool/mechanism to present the concepts and related evaluation
to the various stakeholder groups listed above.
2. Review and Redline The current AUAR document: HKGi will review and update the remaining
sections of the AUAR as needed. One workshop with City Staff is envisioned as part of Task 2.
Task 2 - Key Deliverables: Fully updated AUAR document for circulation to key agencies.
3. Review and Update The current mitigation plan: HKGi will review, mitigation strategies that have
been completed and re-evaluate existing mitigation strategies based on the modified
development scenario(s). New mitigation strategies will be established as appropriate. One
workshop will be facilitated with City Staff via phone/web conference.
Task 3 - Key Deliverables: Updated Mitigation Strategies memo.
4. Facilitate formal review process: The draft updated document will undergo a 30-day public
notice period during which comments will be received. The draft updated document will then be
revised to address the comments received. The finalized updated AUAR and mitigation plan will
be distributed for final review. If no objections are filed by any state agency or other party within
10 days, the documents will be adopted by the City of Chanhassen as the RGU. If objections are
filed, resolution will be attempted or the Minnesota Environment Quality Board (EQB) will make a
determination of adequacy.
We envision one staff workshop to review comments received. This workshop may be facilitated
via phone/web conference. We will conduct a public hearing as required by state statutes to
present the final AUAR for consideration by the City Council.
Task 4 - Key Deliverables: Distribution of draft plan documents (in electronic form),
facilitation of agency review, and preparation of responses to comments. (Note: if responses
to comments are overly complex, HKGi will evaluate level of effort and request additional
budget as necessary.)
5. Meetings and Project Management: HKGi will work with City staff to facilitate necessary
meetings in the update process. HKGi assumes frequent communications and correspondence
with City staff in the updating of this AUAR. These communications will occur primarily via phone
or web based conference. We assume roughly 2 hours per month over a 6 month time frame for
this meetings and project management related work.
Chanhassen 2005 AUAR Update - Proposal
25 March 2015
Page 2
e. A neighborhood/community workshop to present development scenarios and
resultant environmental impact analysis (traffic and infrastructure focused).
Task I -Key Deliverables: we will prepare a summary presentation for task 1 supported by
technical memorandums that will provide the content for updates to questions 6, 7, 9, 21 and
28. This summary will be the tool/mechanism to present the concepts and related evaluation
to the various stakeholder groups listed above.
2. Review and Redline The current AUAR document: HKGi will review and update the remaining
sections of the AUAR as needed. One workshop with City Staff is envisioned as part of Task 2.
Task 2 - Key Deliverables: Fully updated AUAR document for circulation to key agencies.
3. Review and Update The current mitigation plan: HKGi will review, mitigation strategies that have
been completed and re-evaluate existing mitigation strategies based on the modified
development scenario(s). New mitigation strategies will be established as appropriate. One
workshop will be facilitated with City Staff via phone/web conference.
Task 3 - Key Deliverables: Updated Mitigation Strategies memo.
4. Facilitate formal review process: The draft updated document will undergo a 30-day public
notice period during which comments will be received. The draft updated document will then be
revised to address the comments received. The finalized updated AUAR and mitigation plan will
be distributed for final review. If no objections are filed by any state agency or other party within
10 days, the documents will be adopted by the City of Chanhassen as the RGU. If objections are
filed, resolution will be attempted or the Minnesota Environment Quality Board (EQB) will make a
determination of adequacy.
We envision one staff workshop to review comments received. This workshop may be facilitated
via phone/web conference. We will conduct a public hearing as required by state statutes to
present the final AUAR for consideration by the City Council.
Task 4 - Key Deliverables: Distribution of draft plan documents (in electronic form),
facilitation of agency review, and preparation of responses to comments. (Note: if responses
to comments are overly complex, HKGi will evaluate level of effort and request additional
budget as necessary.)
5. Meetings and Project Management: HKGi will work with City staff to facilitate necessary
meetings in the update process. HKGi assumes frequent communications and correspondence
with City staff in the updating of this AUAR. These communications will occur primarily via phone
or web based conference. We assume roughly 2 hours per month over a 6 month time frame for
this meetings and project management related work.
Chanhassen 2005 AUAR Update - Proposal
25 March 2015
Page 3
AUAR update Schedule: It is anticipated that this update will take approximately six to seven months to
complete from notice to proceed. The Following is a general sequence of tasks.
1. April — conduct background data collection and analysis
2. April —workshop with Level 7 Development Company to understand development plans (lb)
3. April/May — meeting with other key property owners to discuss process and concepts (lc)
4. May/June — workshop with City Staff (and SRF) to confirm development assumptions and
concepts(la)
5. June —workshop with elected/appointed officials to confirm concepts (1d)
6. June — firm up development concepts and conduct environmental impact analysis
7. June — begin updating AUAR text
8. July — workshop with City Staff to review analysis of environmental impacts (1a)
9. July — workshop with Level 7 Development Company to review analysis and environmental
impacts (lb)
10. July— workshop with elected and appointed officials to review analysis and environmental
impacts (1d)
11. July — lunch presentation to chamber and business community (10
12. July/August — neighborhood/community workshop (le)
13. August — complete updates to AUAR text and Mitigation strategies
14. August/September — complete formal AUAR review process
15. September/October — Approve AUAR
AUAR update budget proposal: the above tasks will be completed for a fee of not to exceed $39,000
including expenses. It is assumed that expenses will be limited to mileage, plotting of presentation
summary boards, and reproduction of draft documents. For this level of project, we estimate expenses at
approximately $2,000, the bulk of which is with reproducing draft and final AUAR documents. This
expense may be minimized by utilizing electronic PDF documents for distribution where accepted.
Attached to this proposal is a work order proposed from Kimley-Horn Associates for transportation,
infrastructure, and stormwater services. Kimley-Horn Associates will contract directly with the city for this
work. The total fee estimate with HKGi and Kimley-Horn is estimated at $90,960.
INDIVIDUAL PROJECT ORDER (IPO) NUMBER 26 (TWENTY-SIX)
Describing a specific agreement between Kimley-Horn and Associates, Inc. ("Consultant"), and the City of
Chanhassen ("Client") in accordance with the terms of the Agreement for Professional Services dated March 3,
2003, which is incorporated herein by reference.
Identification of Project: 2014 Update - 2005 MUSA Area AUAR
General Category of Services: AUAR Update
Specific Scope of Basic Services: Provide engineering services to update engineering portions of the Chanhassen
2005 MUSA Area AUAR document as described in the attached Scope of
Services (Exhibit A).
Additional Services if Required:
Deliverables:
Method of Compensation:
Schedule:
Special Terms of Compensation:
Other Special Terms of
Individual Project Order:
ACCEPTED:
CITY OF CHANHASSEN
BY:
TITLE:
DATE:
None identified at this time.
Narrative text and figures to be incorporated into AUAR Update document by
Hoisington Koegler Group, Inc.
To be billed on an hourly (cost plus) basis as detailed in the attached Estimated
Costs summary (Exhibit B).
See attached Project Schedule (Exhibit C).
None
None
KIML.EY-HORN AND ASSOCIATES, INC.
00
TITLE:
DATE:
EXHIBIT A
SCOPE OF SERVICES
INDIVIDUAL PROJECT ORDER (IPO) NO. 26
2014 UPDATE - 2005 MUSA AREA AUAR
As a part of the 2014 update of the Chanhassen 2005 MUSA Area Alternative Urban Areawide
Review (AUAR), the City of Chanhassen has requested a proposal from Kimley-Horn and
Associates ("KHA") to update the engineering portions of the 2005 MUSA Area AUAR. The
2005 MUSA Area AUAR is being updated to reflect current conditions and proposed changes to
the future development scenarios evaluated in the AUAR. The following is a summary of our
proposed scope of work for the AUAR update:
1. Review Proposed Development Changes
• Review the three development scenarios developed by Hoisington Koegler Group,
Inc. (HKGi) for the easterly portion of the AUAR project area
2. Update Traffic Study/Transportation Plan
• Update existing conditions narrative and figures
• Perform field counts of existing traffic (AM/PM peak weekday) at seven intersections
• Perform trip generation/distribution/assignment modeling for the three proposed
development scenarios
• Analyze traffic impacts for existing conditions, the no -build scenario, and the three
proposed development scenarios
• Analyze traffic -related noise and air quality. The noise discussion will focus on
traffic volume increases being at a level that will result in imperceptible noise level
changes to adjacent properties. Air quality will use MnDOT's screening
methodology. No detailed modeling is expected or included in our proposed scope of
work.
• Review pedestrian crossings and connections to parks, trails, and open space areas.
• Develop impact mitigation measures and transportation improvement
recommendations
Update Sanitary Sewer and Public Water Supply Plans
• Update existing conditions narrative and figures
• Review current City of Chanhassen Comprehensive Sanitary Sewer System Plan
• Review current City of Chanhassen Water System Master Plan
• Analyze the three development scenarios to determine projected flow/demand rates
and impacts to municipal utility infrastructure
• Develop impact mitigation measures and utility infrastructure improvement
recommendations
4. Update Storm Water Management Plan
• Update existing conditions narrative and figures
• Review current City of Chanhassen Surface Water Management Plan and NPDES
MS4 Storm Water Pollution Prevention Plan (SWPPP)
EXHIBIT A
SCOPE OF SERVICES
INDIVIDUAL PROJECT ORDER (IPO) NO.26
2014 UPDATE - 2005 MUSA AREA AUAR
As a part of the 2014 update of the Chanhassen 2005 MUSA Area Alternative Urban Areawide
Review (AUAR), the City of Chanhassen has requested a proposal from Kimley-Horn and
Associates ("KHA") to update the engineering portions of the 2005 MUSA Area AUAR. The
2005 MUSA Area AUAR is being updated to reflect current conditions and proposed changes to
the future development scenarios evaluated in the AUAR. The following is a summary of our
proposed scope of work for the AUAR update:
1. Review Proposed Development Changes
• Review the three development scenarios developed by Hoisington Koegler Group,
Inc. (HKGi) for the easterly portion of the AUAR project area
2. Update Traffic Study/Transportation Plan
• Update existing conditions narrative and figures
• Perform field counts of existing traffic (AM/PM peak weekday) at seven intersections
• Perform trip generation/distribution/assignment modeling for the three proposed
development scenarios
• Analyze traffic impacts for existing conditions, the no -build scenario, and the three
proposed development scenarios
• Analyze traffic -related noise and air quality. The noise discussion will focus on
traffic volume increases being at a level that will result in imperceptible noise level
changes to adjacent properties. Air quality will use MnDOT's screening
methodology. No detailed modeling is expected or included in our proposed scope of
work.
• Review pedestrian crossings and connections to parks, trails, and open space areas.
• Develop impact mitigation measures and transportation improvement
recommendations
3. Update Sanitary Sewer and Public Water Supply Plans
• Update existing conditions narrative and figures
• Review current City of Chanbassen Comprehensive Sanitary Sewer System Plan
• Review current City of Chanhassen Water System Master Plan
• Analyze the three development scenarios to determine projected flow/demand rates
and impacts to municipal utility infrastructure
• Develop impact mitigation measures and utility infrastructure improvement
recommendations
4. Update Storm Water Management Plan
• Update existing conditions narrative and figures
• Review current City of Chanhassen Surface Water Management Plan and NPDES
MS4 Storm Water Pollution Prevention Plan (SWPPP)
• Analyze the three development scenarios to determine likely storm water
management requirements related to construction of the remainder of the public trunk
roadway through the easterly portion of the AUAR project area
• Develop impact mitigation measures and recommendations
5. Update Mitigation Section of AUAR related to the above plans
• Develop narrative of necessary mitigation improvements related to
traffic/transportation, sanitary sewer, public water supply, and storm water
management based on the proposed development scenarios
6. Meetings
• We have assumed attendance at the following meetings:
o Two City Council meetings
o Two meetings with Level 7 Development LLC
o One meeting with key property owners in the project area
o One public open house meeting
o Three agency (MnDOT, Carver County, etc.) meetings
o Four meetings with the City and/or HKGi
• We understand that the City is contracting with SRF to complete a visioning process
for the project area. We have assumed that we will not be participating in any of the
meetings for this process.
Our Scope of Work does nQt include any of the following services:
• Topographic surveys
• Updates to other sections of the AUAR
• Air quality or noise modeling
EXHIBIT B
ESTIMATED COSTS
INDIVIDUAL PROJECT ORDER (IPO) NO. 26
2014 UPDATE - 2005 MUSA AREA AUAR
Kimley-Hom proposes to perform all services for the project on an hourly (cost plus) basis using
our current standard hourly rate schedule. The following is a summary of our estimated costs for
the project.
Work Task
Estimated Fee
1. Review Proposed Development Changes
$ 1,410
2. Update Traffic Study/Transportation Plan
$ 21,490
3. Update Sanitary Sewer and Public Water Supply Plans
$ 5,220
4. Update Storm Water Management Plan
$ 7,680
5. Update AUAR Mitigation Section
$ 3,560
6. Meetings
$ 9,600
Subtotal
$ 48,960
Reimbursable Expenses
$ 3,000
Total Estimated Cost
$ 51,960
Our total estimated cost for the Scope of Work included as a part of this IPO is, therefore,
$51,960 including all labor and reimbursable expenses.
EXHIBIT B
ESTIMATED COSTS
INDIVIDUAL PROJECT ORDER (IPO) NO. 26
2014 UPDATE - 2005 MUSA AREA AUAR
Kimley-Horn proposes to perform all services for the project on an hourly (cost plus) basis using
our current standard hourly rate schedule. The following is a summary of our estimated costs for
the project.
Work Task
Estimated Fee
I. Review Proposed Development Changes
$ 1,410
2. Update Traffic Study/Transportation Plan
$ 21,490
3. Update Sanitary Sewer and Public Water Supply Plans
$ 5,220
4. Update Storm Water Management Plan
$ 7,680
5. Update AUAR Mitigation Section
$ 3,560
6. Meetings
$ 9.600
Subtotal
$ 48,960
Reimbursable Expenses
$ 3,000
Total Estimated Cost
$ 51,960
Our total estimated cost for the Scope of Work included as a part of this IPO is, therefore,
$51,960 including all labor and reimbursable expenses.
EXHIBIT C
SCHEDULE
INDIVIDUAL PROJECT ORDER (IPO) NO.26
2014 UPDATE - 2005 MUSA AREA AUAR
Work will be completed based on a schedule agreed upon with the City and HKGi. It is our
understanding that a tentative schedule for the project is to start the work in April 2015 with a
project duration of approximately four to six months.
City Council Work Session — April 27, 2015
DISCUSS VISIONING PROCESS FOR THE LIFESTYLE CENTER.
Todd Gerhardt asked for discussion of the Charge Statement to receive feedback from the
council on how to proceed in the visioning process. He explained the need for flexibility in
proceeding with a project like this. Councilwoman Ryan explained that her goal is when the
visioning process is complete the council feels they had the time to explore all options, clearly
understands the needs of community now and in the future, and the development team's vision of
what they would like to see on this parcel. Councilman Campion favored expanding the vision
for a lifestyle center without going into too much detail with a desired result of capturing
information from the public to determine a relatively short list of permitted and prohibited uses.
He explained how he would like to see the free market work. Councilwoman Tjornhom supports
moving forward with visioning process to obtain feedback from residents, developers, and
downtown business council. Councilman McDonald provided background information on how
this parcel was zoned and explained that he does not feel it's the council's job to design what
goes on this parcel. He would like the developer to present a plan to the council. Mayor
Laufenburger explained that he supports Barry Warner doing the work of obtaining information
from all parties involved, i.e. residents, developer, downtown businesses, etcetera. Councilman
McDonald reiterated his disconnect and the need for the developer to come up with a plan first
before spending time on visioning. Councilwoman Tjomhom agreed with Councilman
McDonald. Mayor Laufenburger stated he also agreed with Councilman McDonald but after
thinking about it would like to go through the visioning process to share with the developer what
the people of Chanhassen would like to see. He explained what the AUAR will entail and that
the developer will move forward on a parallel path. Councilman McDonald stated he would
support completion of the AUAR before moving forward with the visioning process. Council
members discussed receiving a vision from the developer to give to Barry Warner or getting a
plan from the developer before moving forward with the visioning process. Mayor Laufenburger
stated he would like to see a final visioning report no later than July 24th with the goal of giving
the council clear understanding of what the residents want, architecture, and strategies outlined
in the consultant's proposal. After discussion amongst council members and staff there was
consensus from council to move forward with Barry Warner's proposal with one message that
the developer speak with as much clarity as possible on their vision. Todd Gerhardt explained
that staff will keep the council updated on the process.
Mayor Laufenburger adjourned the work session at 10:05 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
SCANNED
City of Chanhassen
Quadrant Visioning Study
Project Kick-off Meeting
Friday, May 1, 2015
11:00 am
Agenda
1. City Council Approval
• Comments and Process/Scope Changes
• Contract
2. Project Schedule
• Meeting Sequence and Timing
3. "Charge" Statement
4. What Defines "Vision"?
W N I E,,,I NE RS
consulting Group, Inc.
April 13, 2015
Ms. Kate Aanenson, AICP
Community Development Director
CITY OF CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR A VISIONING STUDY
Dear Ms. Aanenson:
Based on your request, we are pleased to submit this proposal to provide professional services for
conducting a visioning study in association with the Quadrant and the adjacent parcels. For purposes
of this letter, the "Quadrant' will refer to the contiguous 118 acres currently owned by several
private parries.
Study Background and Intent
A 118 acre tract of undeveloped land is located in the City of Chanhassen near Lyman and
Powers Boulevards near TH 212. The area is owned by several private parties with development
designated for mixed land uses, including a retail center. Although general land use designations have
been suggested, formal approvals for development have not been obtained from the City of
Chanhassen.
The visioning exercise and outcome is intended to inform elected policy makers and appointed
officials, along with City staff, as to the values and priorities presented by the diverse stakeholder
groups who have interest in future development of the Quadrant. Visioning for the purpose of this
exercise, is intended to focus upon several topics to include:
• Composition of development uses
• Circulation including vehicle, pedestrian and bicycle
• Open space functions
• Edge treatments and landscaping
• Programmable civic areas and amenities
• Development character, scale and aesthetics
Input garnered from the various interested parties will be used to inform the Quadrant and related
development projects during their municipal approvals.
www.srfconsulting.com
One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447-4443 1 763.17S.0010 Faa: 763A7S.2429
An Equal Opportunity Employer
Ms. Kate Aanenson, AICP - 2 - April 13, 2015
City of Chanhassen
Approach
Meaningful facilitation of the representative stakeholder groups will be paramount to achieve the study
intent. To that end, meetings or other means will occur with individual groups to seek input from
those individuals who have shown interest or are thought to present valuable perspectives for the
proposed development.
Each of the meetings, work sessions or active surveys will employ precedent project images that
portray alternative approaches to related project elements. This technique will allow participants to
compare and contrast how varying built projects responded to similar project elements. Participants
will be asked to provide preference or priority for the images, and when possible, to provide subjective
comments as to suggested changes or improvements that may benefit the Chanhassen application.
Identified stakeholder groups and their engagement follow:
Current development parcel properly owners — one to two (1-2) facilitated meetings dependent upon their
Willingness to participate together.
Adjacent neighborhood — one (1) facilitated meeting; likely to be held late afternoon or early evening.
Community at large — web -based survey (see below).
Chamber of Commene/Downtown Chanhassen Business Community — one (1) facilitated meeting; likely to be
held early morning consistent with business owner availability.
Ekcted/Appointed Of dale — one (1) facilitated meeting; likely a joint work session of the City Council
and the Planning Commission.
Web -based s n+ey — A web -based survey such as Mind Mixer or Survey Monkey would be made available
to solicit input from interested parties for a defined period of approximately four (4) weeks.
Participant input would be monitored and recorded.
Study End Product
Stakeholder input received from the various facilitated meetings, along with the web -based sampling,
will be summarized in a concise report and made available to the City for use by staff, the City Council
and Planning Commission.
Ms. Kate Aanenson, AICP - 3 - April 13, 2015
City of Chanhassen
ASSUMPTIONS
Base mapping and concepts plans for parcel development will be provided by the City and will be
used for any necessary mapping.
Work sessions with staff will be the primary source of input to guide decision making.
SCHEDULE
We will complete this work within a mutually agreed -upon time schedule. Upon a formal notice to
proceed, work would commence with a staff work session/kick off meeting. It is assumed that
baseline work tasks would occur in April, followed by primary stakeholder group input during May
and early June. A summary document would be made available in late June or early July.
BASIS OF PAYMENT/BUDGET
We propose to be reimbursed for our services on an hourly basis for the actual time expended. Direct
project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will
be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly
basis for work performed during the previous month. Payment is due within 30 days.
Based on our understanding of the project and our scope of services, we estimate the not -to -exceed
cost of our services to be $30,000.00, which includes both time and expenses. The exact allocation of
related consultant staff time toward specific work tasks and stakeholder meetings will be arrived upon
in joint discussions between City staff and the consultant project manager.
CHANGES IN THE SCOPE OF SERVICES
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.
Before any out -of -scope work is initiated, however, we will submit a budget request for the new work
and will not begin work until we receive authorization from you.
STANDARD TERMS AND CONDITIONS
The attached Standard Terms and Conditions (Attachment A), together with this proposal for
professional services, constitute the entire agreement between the Client and SRF Consulting Group,
Inc. and supersede all prior written or oral understandings. This agreement may only be amended,
supplemented, modified or canceled by a duly executed written instrument.
Ms. Kate Aanenson, AICP - 4 - April 13, 2015
City of Chanhassen
NOTICE TO PROCEED
A signed copy of this proposal or a separate letter of authorization, mailed or emailed to our office,
will serve as our notice to proceed. The email address is bwamer e.srfconsulting.com.
We sincerely appreciate your consideration of this proposal and look forward to working with you on
this project Please feel free to contact us if you have any questions or need additional information.
Sincerely,
SRF CONSULTING GROUP, INC.
Barry J. Warner, FASLA AICP
Senior Vice President
BJW/bls
Attachment A — Standard Terms and Conditions
APPROVED
(99nalum)
Name
Title
Date
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
SRF P15338
S\A1arkrling\PmJwm1r\201 i IstkrPmjnw6\PI5338_C/nn/xicrraQxadmnl_I}F1015_BfW.doc�
ATTACHMENT A
STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement
between the CLIENT and SRF Consulting Group, Inc. ("SRF") and supersede all prior written or oral understandings. This Agreement
may only be amended, supplemented, modified, or canceled by a duly executed written instrument.
1. STANDARD OF CARE
a. The standard of care for all professional services performed or furnished by SRF under this Agreement will be the care and skill
ordinarily used by members of SRF's profession practicing under similar circumstances at the same time and in the same
locality. SRF makes no warranties, expressed or implied, under the Agreement or otherwise, in connection with SRF's service.
b. The CLIENT shall be responsible for, and SRF may rely upon, the accuracy and completeness of all requirements, programs,
instructions, reports, data, and other information furnished by CLIENT to SRF pursuant to this Agreement. SRF may use such
requirements, reports, data, and information in performing or furnishing services under this Agreement.
2. INDEPENDENT CONTRACTOR
All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and
SRF and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the CLIENT or SRF. SRF's services under this Agreement are being performed
solely for the CLIENT's benefit, and no other entity shall have any claims against SRF because of this Agreement or the performance
or nonperformance of services hereunder.
3. PAYMENT TO SRF
Invoices will be prepared in accordance with SRF's standard invoicing practices and will be submitted to the CLIENT by SRF
monthly, unless otherwise agreed. Invoices are due and payable within thirty (30) days of receipt. If the CLIENT fails to make any
payment due SRF for services and expenses within forty-five (45) days after receipt of SRF's invoice thereafter, the amounts due
SRF will be increased at the rate of 1-1/2% per month (or the maximum rate of interest permitted by law, if less). In addition, SRF
may, after giving seven days written notice to the CLIENT, suspend services under this Agreement until SRF has been paid in full of
amounts due for services, expenses, and other related charges.
4. OPINION OF PROBABLE CONSTRUCTION COST
Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of
the CLIENT. Since SRF has no control over the cost of labor, materials, market condition, or competitive bidding, SRF does not
guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT.
5. INSURANCE
SRF will maintain insurance coverage for Workers' Compensation, General Liability, Automobile Liability and Professional
Liability and will provide certificates of insurance to the CLIENT upon request.
6. INDEMNIFICATION AND ALLOCATION OF RISK
a. To the fullest extent permitted by law, SRF agrees to indemnify and hold harmless the CLIENT, their officers, directors and
employees against all damages, liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused
by SRF's negligent acts under this Agreement and that of its subconsultants or anyone for whom SRF is legally liable.
b. To the fullest extent permitted by law, the CLIENT agrees to indemnify and hold harmless SRF, their officers, directors and
employees against all damages, liabilities or costs to the extent caused by the CLIENT's negligent acts under this Agreement and
anyone for whom the CLIENT is legally liable.
7. TERMINATION OF AGREEMENT
Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such
termination, the CLIENT shall pay to SRF all amounts owing to SRF under this Agreement, for all work performed up to the
effective date of termination.
8. OWNERSHIP AND REUSE OF DOCUMENTS
All documents prepared or furnished by SRF pursuant to this Agreement are instruments of service, and SRF shall retain an
ownership and property interest therein. Reuse of any such documents by the CLIENT shall be at CLIENT's sole risk; and the
CLIENT agrees to indemnify, and hold SRF harmless from all claims, damages, and expenses including attorney's fees arising out of
such reuse of documents by the CLIENT or by others acting through the CLIENT.
Page 1 of 2
(MN Standard Tema and Conditions)
Rev: March 5, 2014
9. USE OF ELECTRONIC MEDIA
a. Copies of Documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that
are signed or sealed by SRF. Files in electronic media format of text, data, graphics, or of other types that are furnished by SRF
to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such
electronic files will be at the user's sole risk.
b. When transferring documents in electronic media format, SRF makes no representations as to long-term compatibility, usability,
or readability of documents resulting from the use of software application packages, operating systems, or computer hardware
differing from those used by SRF at the beginning of this Assignment.
c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.
d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of
this data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within sixty (60)
days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any effors detected within the
sixty (60) day acceptance period will be corrected by the party delivering the electronic files. SRF shall not be responsible to
maintain documents stored in electronic media format after acceptance by the CLIENT.
10. FORCE MAJEURE
SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement
resulting from any cause beyond SRF's reasonable control.
11. ASSIGNMENT
Neitherparty shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party.
12. BINDING EFFECT
This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors,
administrators, successors, and assigns.
13. SEVERABILTfY AND WAIVER OF PROVISIONS
Any provisions or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and
all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF, who agree that the Agreement shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision. Non -enforcement of any provision by either party shall not constitute a waiver of
that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
14. SURVIVAL
All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions,
Indemnification and Allocation of Risk, and Dispute Resolution shall remain in effect.
15. DISPUTE RESOLUTION
If negotiation in good faith fails to resolve a dispute within the thirty (30) days of notice of the dispute, or time period specified by
applicable law, then the parties agree that each dispute, claim or controversy arising from or related to this Agreement or the
relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable
actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation
Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of ninety (90) days
from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in a location mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement in any court having jurisdiction thereof.
16. CONTROLLING LAW
This Agreement is to be governed by the law of the principal place of business of SRF.
17. SITE SAFETY
SRF shall not at any time supervise, direct, control or have authority over or charge of, nor be responsible for, the construction means,
methods, techniques, sequences or procedures, or for safety and security precautions and programs in connection with the work
performed by any Contractor for the Project, nor for any failure of any Contractor to comply with laws and regulations applicable to
such Contractor's work, since these are solely the Contractor's rights and responsibilities. SRF shall not be responsible for the acts or
omissions of any Contractor or Owner, or any of their agents or employees, or of any other persons (except SRF's own employees
and consultants), furnishing or performing any work for the Project, except as specifically outlined in SRF's scope of services.
Page 2 of 2
Quadrant Visioning Study
Project Schedule
April 14, 2015 (Draft)
1. Joint Work Session
(5/11/15)
2. Project Kick-off Meeting
•
3. Project Website and Survey Complete
•
4. Survey Open to Public
5. Property Owner Meeting(s)
•
6. Neighborhood Meeting
7. Chamber of Commerce Meeting
8. Summary Memorandum
9. City Staff Meetings
O
O
MY OF
MEMORANDUM
1d11111umaL11
TO:
Mayor and City Council
7700 Market Boulevard
PO Box 147
FROM:
Todd Gerhardt, City Manager
Chanhassen, MN 55317
,
DATE:
April 27, 2015
Administration
Phone: 952.227.1100
SUBJ:
Discuss Visioning Process for the Lifestyle Center
Fax:952.227.1110
Building Inspections
To help develop a vision for The Quadrant, the Mayor suggested that City Council
Phone: 952.227.1180
members come to the work session with thoughts, goals and ideas for the project.
Fax:952.227.1190
Attached is a Charge Statement and Visioning Outline that you can use as a tool to
Engineering
gather outcomes and goals for the project.
Phone:952.227,1160
Fax:952.227.1170
On Monday night we will have a brainstorming session to complete the Charge
Statement and then discuss next steps in the process.
Finance
Phone: 952.227.1140
Fax:952,227.1110
ATTACHMENTS
Park & Recreation
1. Charge Statement
Phone: 952.227.1120
2. Project Kick -Off Meeting and Schedule
Fax:952.252.227.17.1110
3. Memo from Kate Aanenson dated April 13, 2015
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone:952.227.1130
Fax:952.2271110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax:952.227.1110
Website
www.ci.chanhassen.mn.us
g?admin\tg\lifestyle centaWisioning memo 4-27-15.dmx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Charge Statement
Goal
What is the purpose of the
group (Stakeholders)?
Results Desired
Product/Outcomes expected
from the group
(Stakeholders).
Scope of Responsibility &
Level of Authority
Who does the group
(Stakeholders) report to?
Timeline
When is the project due?
Next meeting date.
Resources Available
What other expertise is
available & who are those
resources?
Communication
What strategies would you like
to be used to communicate?
Expectations for
Membership/Stakeholders
Names and numbers of those
present, member
responsibilities.
Project Kick-off Meeting
Tuesday, April 14, 2015
1:00 — 2:30 pm
Chanhassen City Hall
Agenda
1. Introductions
2. Project Introductions
• Background
• Current Development Status
• Desired Outcomes
3. Project Scope and Stakeholders
4. Project Schedule
S. Stakeholder Engagement Techniques
City of Chanhassen
Quadrant Visioning Study
Stakeholder
Engagement Technique
• Property Owners
Individual or Joint Meeting
• Neighborhood Residents
Evening Meeting, Instant Poll and Survey
• Broader Community
Project website and Survey
• Chamber of Commerce/Business
Breakfast Meeting, Instant Poll and Survey
Community
• Elected and Appointed Officials
Joint Work Session
• City Staff
Three (3) Meetings over course of project
6. What Defines "Vision"?
7. How is Vision Enforced?
8. Project Logistics
• Land Use Concepts to be Shared with Public
• Stakeholder Invitations
• Website Hosting
9. Next Steps
City of Chanhassen
Quadrant Visioning Study
Sample Meeting Agenda
Date
Time (Length?)
Location
Agenda
1. Review Meeting Agenda
2. Project Introduction
• Project Tasks and Schedule
• Desired Project Outcomes
• Desired Meeting Outcome
3. Site Orientation
• Location and Existing Features
• Current Land Use
• Guided Land Use
• Land Uses/Development Concept under Consideration
4. Land Use Discussion
• Issues and Opportunities with Land Uses/Development Concepts
5. Visioning Introduction
• Survey
6. Next Steps/Adjorn
City of Chanhassen
Quadrant Visioning Study
What Defines "Vision"?
• Land Use
• Circulation
o Traffic
o Pedestrian
o Bicycle
• Parking
• Edge Conditions
• Density
• Public Uses/Spaces/Programming
• Aesthetics
o Building Form and Materials
o Landscaping
o Signage: Location, Form/Size, and Materials
• What is Missing?
Quadrant Visioning Study
Project Schedule
April 14, 2015 (Draft)
• (5/11/15)
•
1. Joint Work Session
2. Project Kick-off Meeting
3. Project Website and Survey Complete
•
4. Survey Open to Public
5. Property Owner Meeting(s)
•
6. Neighborhood Meeting
7. Chamber of Commerce Meeting
B. Summary Memorandum
9. City Staff Meetings
O
O
CITY OF
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone:952.227.1100
Fax:952.227.1110
Building Inspections
Phone:952.227.1180
Fax: 952.227.1190
Engineering
Phone:952.227.1160
Fax:952.227.1170
Finance
Phone:952.227.1140
Fax:952.227.1110
Park & Recreation
Phone:952.227.1120
Fax:952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone:952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone:952.227.1130
Fax:952.2211110
Public Works
7901 Park Place
Phone:952.227.1300
Fax:952.227.1310
Senior Center
Phone:952.22T1125
Fax: 952.227.1110
Website
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Kate Aanenson, AICP, Community Development Director
DATE: April 13, 2015 e1fr�� ,e,,t �n
SUBJ: Discuss Visioning Process for the Lifestyle Center V l��/
As a part of the conceptual review of the Level 7 Development plan on March 9,
2015, the City Council directed staff to work on developing a Visioning Study for the
Lifestyle Center property. Staff has consulted with SRF Consulting Group, Inc. to
prepare a Professional Services Agreement. As outlined by Barry Warner in the
attached proposal, the visioning process is intended to inform the elected and
appointed officials along with the city staff, of the values and priorities presented to
the various stakeholders.
The focus of the study will on the following:
• Composition of development uses
• Circulation including vehicles, pedestrians and bicycles
• Edge treatment and landscaping
• Programmable civic area and amenities
• Development character, scale and aesthetics
Mr. Warner has outlined the suggested 3-4 month process and the stakeholder
meetings. A web -based survey will also be a component of the visioning process.
His proposal includes a budget of $30,000.
Mr. Warner will be at the work session to answer any questions that the Council may
have regarding the proposal. Staff recommends placing the Professional Services
Agreement on the next City Council agenda for approval.
ATTACHMENTS
1. SRF Consulting Group, Inc. Visioning Study Proposal dated March 30, 2015.
g:\plan\2015 planning cases\2015-05 lifestyle centerWision processkc work session 4-13.dacx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
��,iI DEIIIIC N EIt
Consulting Group, Inc.
March 30, 2015
Kate Aanenson, AICP
DRAFT For REVIEW
Community Development Director
CITY OF CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR A VISIONING STUDY
Based on your request, we are pleased to submit this proposal to provide professional services for
conducting a visioning study in association with the Quadrant and the adjacent parcels. For
purposes of this letter, the "Quadrant' will refer to the contiguous 118 acres currently owned by
several private parties.
Study Background and Intent
A 118 acre tract of undeveloped land is located in the City of Chanhassen near Lyman and
Powers Boulevards near TH 212. The area is owned by several private parties with development
designated for mixed land uses including a retail center. Although general land use designations
have been suggested, formal approvals for development have not been obtained from the City of
Chanhassen.
The visioning exercise and outcome is intended to inform elected policy makers and appointed
officials along with city staff as to the values and priorities presented by the diverse stakeholder
groups who have interest in future development of the Quadrant. Visioning for the purpose of
this exercise, is intended to focus upon several topics to include;
• Composition of development uses
• Circulation including vehicle, pedestrian and bicycle
• Open space functions
• Edge treatments and landscaping
• Programmable civic areas and amenities
• Development character, scale and aesthetics
Input garnered from the various interested parties will be used to inform the Quadrant and related
development projects during their municipal approvals.
Approach
Meaningful facilitation of the representative stakeholder groups will be paramount to achieve the
study intent. To that end, meetings or other means will occur with individual groups to seek
input from those individuals who have shown interest or are thought to present valuable
perspectives for the proposed development.
www.srfconsulting.com
One Carlson Parkway North, Suite 350 1 Minneapolis, MN 55447-44/3 1 763,475.0010 Fax: 763,475.2429
M Equal Opportunity Employer
- 2 - March 30, 2015
Each of the meetings, work sessions or active surveys will employ precedent project images that
portray alternative approaches to related project elements. This technique will allow participants
to compare and contrast how varying built projects responded to similar project elements.
Participants will be asked to provide preference or priority for the images, and when possible, to
provide subjective comments as to suggested changes or improvements that may benefit the
Chanhassen application.
Identified stakeholder groups and their engagement follow;
Current development parcel property owners -one to two facilitated meetings dependent upon
their willingness to participate together
Adjacent neighborhood -one facilitated meeting, likely to be held late afternoon or early evening
Community at large -web based survey (see below)
Chamber of Commerce/Downtown Chanhassen Business Community -one facilitated meeting,
likely to be held early morning consistent with business owner availability
Elected/Appointed Officials -one facilitated meeting, likely a joint work session of the City
Council and the Planning Commission
Web based survey -A web based survey such as Mind Mixer or Survey Monkey would be made
available to solicit input from interested parties for a defined period of about 4 weeks.
Participant input would be monitored and recorded.
Study End Product
Stakeholder input received from the various facilitated meetings along with the web based
sampling will be summarized in a concise report and made available to the city for use by staff,
the City Council and Planning Commission.
ASSUMPTIONS
Base mapping and concepts plans for parcel development will be provided by the city and will be
used for any necessary mapping.
Work sessions with staff will be the primary source of input to guide decision making.
SCHEDULE
We will complete this work within a mutually agreed -upon time schedule. Upon a formal notice
to proceed, work would commence with a staff work session/kick off meeting. It is assumed that
baseline work tasks would occur in April, followed by primary stakeholder group input during
May and early June. A summary document would be made available in late June or early July.
- 3 - March 30, 2015
BASIS OF PAYMENT/BUDGET
We propose to be reimbursed for our services on an hourly basis for the actual time expended.
Direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and
mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted
on a monthly basis for work performed during the previous month. Payment is due within 30 days.
Based on our understanding of the project and our scope of services, we estimate the not -to -exceed
cost of our services to be $30,000, which includes both time and expenses. The exact allocation
of related consultant staff time toward specific work tasks and stakeholder meetings will be arrived
upon in joint discussions between city staff and the consultant project manager.
CHANGES IN THE SCOPE OF SERVICES
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.
Before any out -of -scope work is initiated, however, we will submit a budget request for the new
work and will not begin work until we receive authorization from you.
STANDARD TERMS AND CONDITIONS
The attached Standard Terms and Conditions (Attachment A) together with this proposal for
professional services constitute the entire agreement between the Client and SRF Consulting
Group, Inc. and supersede all prior written or oral understandings. This agreement may only be
amended, supplemented, modified or canceled by a duly executed written instrument.
NOTICE TO PROCEED
A signed copy of this proposal or a separate letter of authorization, either mailed or emailed to our
office, will serve as our notice to proceed. The email address is bwarner@srfconsulting.com.
-4-
March 30, 2015
We sincerely appreciate your consideration of this proposal and look forward to working with you
on this project. Please feel free to contact us if you have any questions or need additional
information.
Sincerely,
SRF CONSULTING GROUP, INC.
Bang J. Warner, FASLA AICP
Senior Vice President
Attachment A — Standard Terms and Conditions
APPROVED:
(signature)
Name
Title
Date
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal
SRF PProposal numbers issued by marketing
/Domment l
ATTACHMENT A
STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement
between the CLIENT and SRF Consulting Group, Inc. ("SRF") and supersede all prim written or oral understandings. This Agreement
may only be amended, supplemented, modified, or canceled by a duly executed written instrument.
'f uel lyi, "A a •
a. The standard of care for all professional services performed or furrushed by SRF under this Agreement will be theme and slap
ordinarily used by members of SRF's profession practicing under similar circumstances at the same time and in the same locality.
SRF makes no warranties, expressed or implied, under the Agreement or otherwise, in commotion with SRF's service.
b. The CLIENT shalt be responsible for, and SRF may rely upon, the accuracy and completeness of all requirements, programs,
instructions, reports, data, and other information furnished by CLIENT to SRF pursuant to this Agreement. SRF may use such
requirements, reports, data, and information in Performing or famishing services under this Agreement.
2. INDEPENDENT CONTRACTOR
All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and
SRF and not for the benefit of any other party. Nothing contained m this Agreement shall create a contractual relationship with or a
cause of action in Favor of a third party against either the CLIENT or SRF. SRF's services under this Agreement are being performed
solely fa the CLIENT's benefit, and no other entity shall have any claims against SRF because of this Agreement or the perfomrance
or nonperformance of services hereunder.
Invoices will be prepared in accordance with SRF's standard invoicing practices and will be submitted to the CLIENT by SRF
monthly, unless otherwise agreed Invoices are dun and payable within thirty (30) days of receipt If the CLIENT fills to make any
payment due SRF for services and expenses within forty-five (45) days after receipt of SRF's invoice thereafter, the amounts due SRF
will be increased at the rate of 1-1/2% per month (or the maximum rate of interest permitted by law, if less). In addition, SRF may,
after giving seven days written notice to the CLIENT, suspend services under this Agreemert mail SRF has been paid in full of
amounts due for services, expenses, and other related charges.
Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the gereral guidance of
the CLIENT. Since SRF has no control over the cost of labor, materials, market condition, or cmnpetitive bidding, SRF does not
guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT.
5. INSURANCE
SRF will maintain insurance coverage for Workers' Compensation, General Liability, Automobile Liability and Professional Liability
and will provide certificates of insurance to the CLIENT upon request.
6. INDEMNIFICATION AND ALLOCATION OF RISK
a. To the fullest extent permitted by law, SRF agrees to indemnify and hold harmless the CLIENT, their officers, directors and
employees against all damages, Eabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by
SRF's negligent acts order this Agreement and that of its subconsultants or anyone for whom SRF is legally liable.
b. To the fullest extent permitted by law, the CLIENT agrees to indemnify and hold harmless SRF, their officers, directors end
employees against all damages, liabilities or costs (including reasonable attomeys' fees and defense costs) to the extent caused by
the CLIENT's negligent acts under this Agreement and that of its subconsuatants or anyone for whom the CLIENT is legally
liable.
7. TERMINATION OF AGREEMENT
Either party may at any time, upon seven days prior written notice to the other parry, terminate this Agreement Upon such
termination. the CLIENT shall pay to SRF all arraunts owing to SRF under this Agreement, for all work performed up to the effective
date of termination
•J •' • a••1 Iqa
AR docmnents prepared or famished by SRF pursuant to this Agreement are instruments of service, and SRF shall retain an ownership
and property interest therein. Reuse of any such documents by the CLIENT shall be at CLIENT's sole risk; and the CLIENT agrees to
Page 1 of 2
(Standard Terns and Conditions)
Rev: August 18, 2011
indernink and hold SRF harmless from all claims, damages, and expenses including attomev s fees arising out of such reuse of
documents by the CLIENT or by others acting through the CLIENT.
. a1ll:•J u a ;
a. Copies of Documents that maybe relied upon by the CLIENT are lima d to the printed copies (also known as hard copies) that
are agned or sealed by SRF. Files in electronic media format of text, data, graphics, or of other types that are furnished by SRF
to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such
electronic files will be at the user's sole risk.
b. When transferring documents in electronic media format, SRF makes no representations as to long -tern compatibility, usability,
or readability of documents resulting from the use of software application packages, operating systems, or computer hardware
differing from those used by SRF at the beginning of this Assignment.
c. If there is a discrepancy between the electronic files and the bud copies, the bard copies govern.
d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of
this data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within sirtty (60)
days, after which the receiving party shall be deemed to have accepted the data thus transfered. Any erors detected within the
sixty (60) day acceptance period will be corrected by the party delivering the electronic files. SRF shall not be responsible to
maintain documents stored in electronic media form after acceptance by the CLIENT.
SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting
from any cause beyond SRF's reasonable control.
11. ASSIGNMENT
12.
Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other
party.
This Agreement shall bind, and the benefits thereof shall muse to the respective parties hereto, their legal representatives, executors,
administrators, successors, and assigns.
13. SEVERABILITY AND WAIVER OF PROVISIONS
15.
Any provisions or part of the Agreement held to be void or umsfoceable under any laws or regulations shall be deemed stricken, and
all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF, who agree that the Agreement shall be
reformed to replace such sinckan provision or pan thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision Nan -enforcement of any provision by either party shall not constitute a waiver of
that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
Yjl / :
All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions,
Indemnification and Allocation of Risk, and Dispute Resolution shall remain in effect.
If negotiation in good faith fails to resolve a dispute within the thirty (30) days of notice of the dispute, or time period specified by
applimble law, than the parties agree that each dispute, claim or controversy arising from or related to this Agreement or the
relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable
actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation
Procedures of the American Arbitration Association than currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of ninety (90) days
from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in a location mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement m any court havingjurisdiction thereof
This Agreement is to be governed by the law of the principal place of business of SRF.
Page 2 of 2
(Standard Temns and Conditions)
Rev: August 18. 2011
Au►aR
CHANHASSEN CITY COUNCIL
WORK SESSION
APRIL 13, 2015
Mayor Laufenburger called the work session to order at 5:00 p.m.
COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjomhom,
Councilman McDonald, Councilwoman Ryan, and Councilman Campion
STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Todd Hoffman, and
Paul Oehme
PUBLIC PRESENT:
Barry Warner
SRF, One Carlson Parkway
Scott Carlston
18315 Cascade Drive
Kendra Lindahl
105 South Fifth Avenue, Minneapolis
Rick Dorsey
14215 Green Vincent, Eden Prairie
Darren Lazan
Level 7 Development
Jeff Fox
5270 Howards Point Road, Excelsior
DISCUSS VISIONING PROCESS FOR THE LIFESTYLE CENTER
Todd Gerhardt introduced Barry Wainer with SRF Consulting Group who reviewed their
proposed visioning process to facilitate review of a lifestyle center. Councilman McDonald
asked how the AUAR process is related to the visioning process. Todd Gerhardt explained
Barry's task is to get feedback from business owners, public and people involved with the project
separate from the AUAR. Mayor Laufenburger discussed feedback he has received from
residents and council members regarding acceptable uses. Councilman Campion asked relative
to defining uses, where in the process does that need to happen. Todd Gerhardt referred to the
Villages on the Ponds as a similar type development using a PUD. Councilwoman Ryan asked
about timing for determining what should be done with the proposed property and suggested a
separate work session for council to decide their plan of action without a facilitator before
proceeding with the visioning process. Mayor Laufenburger explained that the comp plan calls
for a regional lifestyle center but did not think the specific uses have been discussed enough at
this point. He noted that is what is being proposed with the visioning process. Councilman
McDonald commented on getting input from the community but believes the council needs an
independent third party to facilitate the entire process and continue on with the AUAR process
running parallel. Councilwoman Tjomhom discussed what council members should consider in
using the comp plan as the guide and making sure that whatever is done is complimentary to
downtown. She explained that she would favor the use of a third party in the process.
Councilman Campion stated he believes the AUAR process can run parallel with the visioning
process. Mayor Laufenburger suggested that the visioning process should be changed to a
listening process and supports the AUAR and vision process moving forward. Councilwoman
Ryan reiterated that she does not favor the use of a third party before the council has determined
their vision. Barry Warner explained that the proposed process is not set in stone and can be
9
City Council Work Session — April 13, 2015
revised along the way. He also explained that they are not advocates of the project but a
facilitator and perhaps a meeting with the council is the first step in the process. Mayor
Laufenburger recommended that each council member communicate with staff what they would
like included in the Professional Services Agreement that the council will act on in 2 weeks.
Darren Lazan with Level 7 Development expressed concerns with the scope of the AUAR and
with the AUAR being involved with the visioning process. Barry Warner stated he had enough
information to move forward.
INTERVIEW APPLICANTS FOR COMMISSIONS: The City Council interviewed the
following applicants for the Park and Recreation and Environmental Commissions: Jim
Boettcher, and David Hess.
DISCUSS PURCHASE AGREEMENT FOR PROPERTY ADJANCENT TO THE
WATER TREATMENT PLANT, GATEWAY.
Kate Aanenson introduced Randy Scholl before reviewing the piece of property being purchased
by RBSC Chanhassen LLC for development of an office building. Councilwoman Ryan asked
what occurred that the process took a while to get going. Randy Scholl explained that it was on
their part answering a lot of questions but they are now ready to move forward. Todd Gerhardt
provided background information on how the City acquired this piece of property from various
property owners. Mayor Laufenburger clarified that the item before them is the purchase
agreement which will occur before moving forward with Planning Commission and City Council
review. Councilman Campion asked about specific users for the building. Randy Scholl
explained that he was unable to disclose that information at this time but there is adequate
interest to move forward and reviewed the items that make this parcel attractive for development.
Todd Gerhardt reviewed the pros and cons associated with development of this site before
discussing the purchase amount and associated conditions.
DISCUSS APPOINTMENTS TO PARK AND RECREATION COMMISSION.
Mayor Laufenburger asked for comments from council members noting Mark Herzog and PJ
Williams were unable to attend the interviews. After discussion by council members the
consensus was to following the rankings by the Park and Recreation Commission.
The work session was recessed at 6:55 p.m. The work session reconvened at 8:45 p.m.
Councilwoman Tjornhom did not return to the work session.
INTERVIEW APPLICANTS FOR COMMISSIONS: Council members interviewed Dan
Willing, Don Vasatka and Joe Shneider for the Environmental Commission.
Mayor Laufenburger adjourned the work session.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheim
2
0
MEMORANDUM
CITY OF TO: Todd Gerhardt, City Manager
CHANHASSENFROM: Kate Aanenson, AICP, Community Development Director
7700 Markel Boulevard DATE: Aril 13 2015 t9 , pn
Chanhassen,
PO Box 147 p � l � 1�
MN 55317
SUBJ: Discuss Visioning Process for the Lifestyle Center
Administration
Phone:952.227.1100
Fax: 952,227.1110
As a part of the conceptual review of the Level 7 Development plan on March 9,
2015, the City Council directed staff to work on developing a Visioning Study for the
Building Inspections
Lifestyle Center property. Staff has consulted with SRF Consulting Group, Inc. to
Phone:952.227.1180
prepare a Professional Services Agreement. As outlined by Barry Warner in the
Fax: 952.227.1190
attached proposal, the visioning process is intended to inform the elected and
Engineering
appointed officials along with the city staff, of the values and priorities presented to
Phone: 952.227.1160
the various stakeholders.
Fax:952.227.1170
The focus of the study will on the following:
Finance
Phone: 952.227.1140
. Composition of development uses
Fax: 952.227.1110
• Circulation including vehicles, pedestrians and bicycles
Park & Recreation
• Edge treatment and landscaping
Phone: 952.227.1120
• Programmable civic area and amenities
Fax: 952.227.1110
a Development character, scale and aesthetics
Recreation Center
Mr. Weser has outlined the suggested 3-4 month process and the stakeholder
2310 Coulter Boulevard
Phane:952.227.1400
meetings.A web -based surveywill also be a component of the visioning process.
p g
Fax: 952.227.1404
His proposal includes a budget of $30,000.
Planning & Mr. Warner will be at the work session to answer any questions that the Council may
Natural Resources have regarding the proposal. Staff recommends placing the Professional Services
Phone: 222Z11Agreement on the next CityCouncil agenda for approval.
Fax:95252.227.1110 � g pp
Public Works ATTACHMENTS
7901 Park Place
Phone: 952.227,1300 1. SRF Consulting Group, Inc. Visioning Study Proposal dated March 30, 2015.
Fax:952.227.1310
Senior Center gAplan\2015 planning cases\2015-05 lifestyle cmterwision pro ms\cc work session 4-13.docx
Phone:952,227.1125
Fax: 952.227.1110
Website
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
SCANNED
Co��,. ENGINE
�� I NERS
DESItC'ERS
March 30, 2015
DRAFT For REVIEW
Kate Aanenson, AICP
Community Development Director
CITY OF CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR A VISIONING STUDY
Based on your request, we are pleased to submit this proposal to provide professional services for
conducting a visioning study in association with the Quadrant and the adjacent parcels. For
purposes of this letter, the "Quadrant' will refer to the contiguous 118 acres currently owned by
several private parties.
Study Background and Intent
A 118 acre tract of undeveloped land is located in the City of Chanhassen near Lyman and
Powers Boulevards near TH 212. The area is owned by several private parties with development
designated for mixed land uses including a retail center. Although general land use designations
have been suggested, formal approvals for development have not been obtained from the City of
Chanhassen.
The visioning exercise and outcome is intended to inform elected policy makers and appointed
officials along with city staff as to the values and priorities presented by the diverse stakeholder
groups who have interest in future development of the Quadrant. Visioning for the purpose of
this exercise, is intended to focus upon several topics to include;
• Composition of development uses
• Circulation including vehicle, pedestrian and bicycle
• Open space functions
• Edge treatments and landscaping
• Programmable civic areas and amenities
• Development character, scale and aesthetics
Input garnered from the various interested parties will be used to inform the Quadrant and related
development projects during their municipal approvals.
Approach
Meaningful facilitation of the representative stakeholder groups will be paramount to achieve the
study intent. To that end, meetings or other means will occur with individual groups to seek
input from those individuals who have shown interest or are thought to present valuable
perspectives for the proposed development.
www.srfconsuIting.com
One Carlson Parkway North, Suite 150 1 Minneapolis, MN 554474443 1 763.475.0010 Fax: 763.475.2429
An Equal Opportunity Employer
-2-
March 30, 2015
Each of the meetings, work sessions or active surveys will employ precedent project images that
portray alternative approaches to related project elements. This technique will allow participants
to compare and contrast how varying built projects responded to similar project elements.
Participants will be asked to provide preference or priority for the images, and when possible, to
provide subjective comments as to suggested changes or improvements that may benefit the
Chanhassen application.
Identified stakeholder groups and their engagement follow;
Current development parcel property owners -one to two facilitated meetings dependent upon
their willingness to participate together
Adjacent neighborhood -one facilitated meeting, likely to be held late afternoon or early evening
Community at large -web based survey (see below)
Chamber of Commerce/Downtown Chanhassen Business Community -one facilitated meeting,
likely to be held early morning consistent with business owner availability
Elected/Appointed Officials -one facilitated meeting, likely a joint work session of the City
Council and the Planning Commission
Web based survey -A web based survey such as Mind Mixer or Survey Monkey would be made
available to solicit input from interested parties for a defined period of about 4 weeks.
Participant input would be monitored and recorded.
Study End Product
Stakeholder input received from the various facilitated meetings along with the web based
sampling will be summarized in a concise report and made available to the city for use by staff,
the City Council and Planning Commission.
ASSUMPTIONS
Base mapping and concepts plans for parcel development will be provided by the city and will be
used for any necessary mapping.
Work sessions with staff will be the primary source of input to guide decision making.
SCHEDULE
We will complete this work within a mutually agreed -upon time schedule. Upon a formal notice
to proceed, work would commence with a staff work session/kick off meeting. It is assumed that
baseline work tasks would occur in April, followed by primary stakeholder group input during
May and early June. A summary document would be made available in late June or early July.
-3-
March 30, 2015
BASIS OF PAYMENT/BUDGET
We propose to be reimbursed for our services on an hourly basis for the actual time expended.
Direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and
mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted
on a monthly basis for work performed during the previous month. Payment is due within 30 days.
Based on our understanding of the project and our scope of services, we estimate the not -to -exceed
cost of our services to be $30,000, which includes both time and expenses. The exact allocation
of related consultant staff time toward specific work tasks and stakeholder meetings will be arrived
upon in joint discussions between city staff and the consultant project manager.
CHANGES IN THE SCOPE OF SERVICES
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.
Before any out -of -scope work is initiated, however, we will submit a budget request for the new
work and will not begin work until we receive authorization from you.
STANDARD TERMS AND CONDITIONS
The attached Standard Terms and Conditions (Attachment A) together with this proposal for
professional services constitute the entire agreement between the Client and SRF Consulting
Group, Inc. and supersede all prior written or oral understandings. This agreement may only be
amended, supplemented, modified or canceled by a duly executed written instrument.
NOTICE TO PROCEED
A signed copy of this proposal or a separate letter of authorization, either mailed or emailed to our
office, will serve as our notice to proceed. The email address is bwamer@srfconsulting.com.
•
-4-
March 30, 2015
We sincerely appreciate your consideration of this proposal and look forward to working with you
on this project. Please feel free to contact us if you have any questions or need additional
information.
Sincerely,
SRF CONSULTING GROUP, INC.
Barry J. Warner, FASLA AICP
Senior Vice President
Attachment A — Standard Terms and Conditions
KuW 114V �I i�
(signature)
Name
Title
Date
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposaL
SRF PProposal numbers issued by marketing
[Domm 111
i
E
ATTACHMENT A
STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement
between the CLIENT and SRF Consulting Group, Inc. ("SRF') and supersede all prior written m oral understandings. This Agreement
may only be amended, supplemented, modified, or canceled by a duly executed written instrument.
a. The standard of care for all professional services performed or famished by SRF under this Agreement will be the care and stall
ordinarily used by members of SRF's profession practicing under similar circumstances at the same time and in the same locality.
SRF makes re warranties, expressed or implied, under the Agreement or otherwise, in connection with SRF's service.
b. The CLIENT shall be responsible for, and SRF may rely upon, the accuracy and completeness of all requirements, program,
instructions, reports, data and other infomuation finished by CLIENT to SRF pursuant to this Agreement. SRF may use such
requizanarts, reports, data, and udomahon in performing or fiunala ng services under thus Agreement.
2. INDEPENDENT CONTRACTOR
All duties and responsibilities undertaken pursuant to this Agreemm will be fa the sole and exclusive benefit of the CLIENT and
SRF and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a thud party against either the CLIENT or SRF. SRF's services under this Agreement are being perfamed
solely for the CLIENT's benefit, and no other entity shall have any claims against SRF because of this Agreement or the perfomance
or nonperformance of services hereunder.
�ViVj51:l9VWtW1i14
Invoices will be prepared in accordance with SRF's standard invoicing practices and will be submitted to the CLIENT by SRF
monthly, unless otherwise agreed- Invoices are due and payable within thirty (30) days of receipt. If the CLIENT fails to make any
payment due SRF for services and expenses within forty-five (45) days after receipt of SRF's invoice thereafter, the amounts due SRF
Will be increased at the rate of 1-1/2% per month (car the iamdmmm rate of interest pemmtted by law, if less). In addition, SRF may,
after giving seven days written notice to the CLIENT, suspend services under this Agreement until SRF has been paid in full of
amounts due for services, expenses, and other related changes.
Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of
the CLIENT. Since SRF has no control over the cost of labor, materials, racket condition, or competitive bidding, SRF does not
guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cast to the CLIENT.
5. INSURANCE
SRF will maintain mismance coverage forWorkers' Compensation, General Liability, Automobile Liability and Professional Liability
and will provide certificates of insurance to the CLIENT upon request.
6. INDEMNIFICATION AND ALLOCATION OF RISK
a. To the fullest extent permitted by law, SRF agrees to indernonify and hold hamless the CLIENT, their officers, directors and
employees against all damages, liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by
SRF's negligent acts order this Agreement and gat of its subconsultants or anyone for whom SRF is legally liable.
b. To the fullest extent permitted by law, the CLIENT agrees to indemnify and hold harmless SRF, their officers, directors and
employees against all damages, liabilities or costs (including reasonable attomeys' fees and defense costs) to the extent caused by
the CLIENT's negligent acts under this Agreement and that of its subcamsdrsnts or anyone for whom the CLIENT is legally
liable.
Either party may at any time, upon seven days prim written notice to the other party, terminate this Agreement. Upon such
to miatIM the CLIENT shall pay to SRF all amounts owing to SRF under this Agreement, for all work performed up to the effective
date of termination
All documents prepared or finished by SRF pmsusnt to this Agreement are instruments of service, and SRF shall retain an ownership
and property interest therein. Rease of any such documents by the CLIENT shall be at CLIENT's sole risk; and the CLIENT agrees to
Page I of 2
(Standard Tens and Conditions)
Rev: August 19. 2011
indemnify, and hold SRF harmless from all claims, damages, and expenses including attomey's fees arising out of such reuse of
documents by the CLIENT in by others acting through the CLIENT.
• •11•n, a )_•
a Copies of Documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that
are signed or sealed by SRF. Files in electronic media format of text, data, graphics, or of other types that we furnished by SRF
to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such
electronic files will be at the user's sole risk.
b. When tramfeming documents in electronic media format, SRF makes no representations as to long -tern compatibility, usability,
or readability of documents resulting from the use of software application packages, operating systems, or computer hardware
differing from those used by SRF at the beginning of this Assigro ent
c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern
d. Became data stored in electronic media foment can deteriorate or be modified inadvertently or otherwise without authorization of
this data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within shdy (60)
days, after which the receiving party shall be deemed to have accepted the data th as transferred Any errors detected within the
sixty (60) day acceptance period will be corrected by the party delivering the electronic files. SRF shall not be responsible to
maintain documents stored in electronic media format after acceptance by the CLIENT.
r ei ; •1 M u ore)-,
SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting
from any cause beyond SRF's reasonable control.
11. ASSIGNMENT
12.
Neither patty shall assign its rights, interests or obligations under this Agreement without the express written convent of the other
party.
This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors,
administrators, successors, and assigns.
13. SEVERABILITY AND WAIVER OF PROVISIONS
Any provisions o part of the Agreement held to be void a unenforceable under any laws or regulations shall be deemed stricken, and
all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF, who agree that the Agreement shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close aS possible to
expressing the intention of the stricken provision Non -enforcement of any provision by either party shall not constitute a waiver of
that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
All provisions of this Agreement regarding ownerstup of Documents and Reuse of Documents, Electronic Media provisions,
Indern ification and Allocation of Risk, and Dispute Resolution shall remain in effect.
15. DISPUTE RESOLUTION
If negotiation in good faith fails to resolve a dispute within the thirty (30) days of notice of the dispute, Or time period specified by
applicable law, then the parties agree that each dispute, claim or controversy arising from or related to this Agreement or the
relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable
actions by either parry. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation
Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of nmety (90) days
from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation
sbaB be shared equally between the patties. Mediation shall be held in a location mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlementin any court having jurisdiction thereof
This Agreement is to be governed by the law of the principal place of business of SRF.
Pagc 2 of 2
(Standard Terms and Conditions)
Rev: August 18, 2011