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Agenda & Packet (2)AGENDA CHANHASSEN CITY COUNCIL MONDAY, JULY 12, 2021 CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD A.5:30 P.M. ­ WORK SESSION Note:  Work sessions are open to the public.If the City Council does not complete the work session items in the time allotted, the remaining items will be considered after the regular agenda. 1.2022 Budget and Financial Management Policies 2.Future Work Session Schedule B.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance) C.PUBLIC ANNOUNCEMENTS D.CONSENT AGENDA All items listed under the Consent Agenda are considered to be routine by the city council and will be considered as one motion.  There will be no separate discussion of these items.  If discussion is desired, that item will be removed from the Consent Agenda and considered separately.  City council action is based on the staff recommendation for each item.  Refer to the council packet for each staff report. 1.Approve City Council Minutes dated June 28, 2021 2.Receive Planning Commission Minutes dated June 15, 2021 3.Receive Park & Recreation Commission Minutes dated May 25, 2021 4.Approve Claims Paid 07­12­2021 5.Approve Consultant Agreement for Geotechnical Services for the 2022 City Pavement Rehabilitation Project No. 22­01 6.Approve Privately Owned Stormwater Management Facility Operations & Maintenance Agreement with 10160 Trails End Road 7.Resolution 2021­XX: Approve Copier Lease Agreement 8.Resolution 2021­XX: Approve Settlement with Parcels 16 and 17 as Part of CSAH 101 Improvements 9.Approve Contract for Annual Sanitary and Storm Sewer Televising AGENDACHANHASSEN CITY COUNCILMONDAY, JULY 12, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:30 P.M. ­ WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.2022 Budget and Financial Management Policies2.Future Work Session ScheduleB.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance)C.PUBLIC ANNOUNCEMENTSD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion.  There will be no separate discussion of these items.  Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately.  City council action is based on the staff recommendation for each item.  Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated June 28, 20212.Receive Planning Commission Minutes dated June 15, 20213.Receive Park & Recreation Commission Minutes dated May 25, 20214.Approve Claims Paid 07­12­20215.Approve Consultant Agreement for Geotechnical Services for the 2022 City PavementRehabilitation Project No. 22­016.Approve Privately Owned Stormwater Management Facility Operations &Maintenance Agreement with 10160 Trails End Road7.Resolution 2021­XX: Approve Copier Lease Agreement8.Resolution 2021­XX: Approve Settlement with Parcels 16 and 17 as Part of CSAH 101 Improvements 9.Approve Contract for Annual Sanitary and Storm Sewer Televising 10.Resolution 2021­XX: Authorize a Contract for Replacement of Public Works Garage Doors E.VISITOR PRESENTATIONS Visitor Presentations requesting a response or action from the City Council must complete and submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda) F.OLD BUSINESS 1.Consider Approval of Final Plat and Development Contract for Avienda 2.Adopt Summary of Ordinance 657 for Publication Purposes ­ Avienda Regional/Commercial PUD Rezoning G.PUBLIC HEARINGS 1.Resolution 2021­XX: Consider a Request for Approval of a Metes and Bounds Subdivision of 4.39 Acres into Two Lots at 8971 Crossroads Boulevard H.NEW BUSINESS 1.Approve a Request for an Amendment to the Interim Use Permit to Remove the Condition Requiring the Installation of Driving Range Nets I.COUNCIL PRESENTATIONS J.ADMINISTRATIVE PRESENTATIONS K.CORRESPONDENCE DISCUSSION 1.2021 Building Permit Activity June Year To Date L.ADJOURNMENT M.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONS Welcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen City Council wishes to provide an opportunity for the public to address the City Council.  That opportunity is provided at every regular City Council meeting during Visitor Presentations. Anyone seeking a response or action from the City Council following their presentation is required to complete and submit a Citizen Action Request Form. An online form is available at https://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to the meeting. Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City Council as a whole, not to any specific member(s) or to any person who is not a member of the City Council. If there are a number of individuals present to speak on the same topic, please designate a spokesperson that can summarize the issue.  Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. AGENDACHANHASSEN CITY COUNCILMONDAY, JULY 12, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:30 P.M. ­ WORK SESSIONNote:  Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.2022 Budget and Financial Management Policies2.Future Work Session ScheduleB.7:00 P.M. ­ CALL TO ORDER (Pledge of Allegiance)C.PUBLIC ANNOUNCEMENTSD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion.  There will be no separate discussion of these items.  Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately.  City council action is based on the staff recommendation for each item.  Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated June 28, 20212.Receive Planning Commission Minutes dated June 15, 20213.Receive Park & Recreation Commission Minutes dated May 25, 20214.Approve Claims Paid 07­12­20215.Approve Consultant Agreement for Geotechnical Services for the 2022 City PavementRehabilitation Project No. 22­016.Approve Privately Owned Stormwater Management Facility Operations &Maintenance Agreement with 10160 Trails End Road7.Resolution 2021­XX: Approve Copier Lease Agreement8.Resolution 2021­XX: Approve Settlement with Parcels 16 and 17 as Part of CSAH 101Improvements9.Approve Contract for Annual Sanitary and Storm Sewer Televising10.Resolution 2021­XX: Authorize a Contract for Replacement of Public Works GarageDoorsE.VISITOR PRESENTATIONSVisitor Presentations requesting a response or action from the City Council must complete andsubmit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda)F.OLD BUSINESS1.Consider Approval of Final Plat and Development Contract for Avienda2.Adopt Summary of Ordinance 657 for Publication Purposes ­ AviendaRegional/Commercial PUD RezoningG.PUBLIC HEARINGS1.Resolution 2021­XX: Consider a Request for Approval of a Metes and BoundsSubdivision of 4.39 Acres into Two Lots at 8971 Crossroads BoulevardH.NEW BUSINESS1.Approve a Request for an Amendment to the Interim Use Permit to Remove theCondition Requiring the Installation of Driving Range NetsI.COUNCIL PRESENTATIONSJ.ADMINISTRATIVE PRESENTATIONSK.CORRESPONDENCE DISCUSSION1.2021 Building Permit Activity June Year To DateL.ADJOURNMENTM.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONSWelcome to the Chanhassen City Council Meeting.  In the interest of open communications, the Chanhassen CityCouncil wishes to provide an opportunity for the public to address the City Council.  That opportunity is providedat every regular City Council meeting during Visitor Presentations.Anyone seeking a response or action from the City Council following their presentation is required tocomplete and submit a Citizen Action Request Form. An online form is available athttps://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior tothe meeting.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. Whencalled upon to speak, state your name, address, and topic. All remarks shall be addressed to the CityCouncil as a whole, not to any specific member(s) or to any person who is not a member of the CityCouncil.If there are a number of individuals present to speak on the same topic, please designate a spokespersonthat can summarize the issue.  Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you have written comments, provide a copy to the Council. During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion. Council members or the City Manager may ask questions of you in order to gain a thorough understanding of your concern, suggestion or request. Please be aware that disrespectful comments or comments of a personal nature, directed at an individual either by name or inference, will not be allowed. Personnel concerns should be directed to the City Manager. Members of the City Council and some staff members may gather at Houlihan's, 530 Pond Promenade in Chanhassen immediately after the meeting for a purely social event. All members of the public are welcome. CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject 2022 Budget and Financial Management Policies Section 5:30 P.M. ­ WORK SESSION Item No: A.1. Prepared By Kelly Strey, Finance Director File No:  SUMMARY This presentation is a follow up to the June 28th City Council work session discussing the preliminary budget projections.  Council requested additional information on capital and debt funding strategies and the discussion of the financial management policies was delayed due to time. BACKGROUND Staff has prepared a PowerPoint presentation to answer questions raised at the previous work session and a summary of the key points of each policy to be included in the financial management policy document.  The PowerPoint presentation is attached. ATTACHMENTS: Financial Policies, Debt and Infrastructure City of Chanhassen2022 Budget Financial Policies Long-term Debt & InfrastructureJuly 12, 2021 VISIONChanhassen is a safe, welcoming community with engaged residents, abundant natural amenities and vibrant businesses, supported by valued services that make this a COMMUNITY FOR LIFE.MISSIONOur mission is to serve the public.We do this through the delivery of reliable, cost‐effective services designed to provide a safe sustainable community.INNOVATIONSTEWARDSHIPRESPECTENGAGEMENT Financial SustainabilityAsset ManagementOperational ExcellenceDevelopment & RedevelopmentCommunicationsStrategicPlan Priorities Financial SustainabilityFinancial Stability in all fundsFinancial policies guide decision‐makingFinancial systems produce timely, accurate, & meaningful information Asset ManagementEffective utilization and protection of assetsAbility to pay for critical assetsAssets adequate to support adopted levels of serviceOperational ExcellenceSatisfied workforceCompetent workforceImproved operational effectiveness, including through the use of technology and innovationBudget‐related Outcomes Agenda•Financial Policy Draft Overview•Long‐term Debt•Streets & Parks Infrastructure Planning Financial Resiliency & Long‐term PlanningAccounting, Auditing & ReportingBudgetary ControlRevenue Management & FeesReserve BalancesCash &  Investment ManagementCapital Asset ManagementDebt Issuance & ManagementRisk ManagementPurchasing Policy / Public Purpose ExpendituresSpecial Assessment PolicyCompensation PhilosophyGrant ManagementInformation Security How will the City manage its financial resources to provide essential services and protect its valuable resources for the long‐term financial sustainability of the community?Financial Resiliency & Long‐term Planning•Long‐term planning in each fund• Identified fund balance targets with adequate contingencies• Identified revenue sources and levy commitments•Plans include a strategy for meeting targets projections fall below goals•Plans are conservative and based on realistic financial projections How will the City maintain financial records and report results to the Council?Accounting, Auditing & Reporting• Follow General Accepted Governmental Accounting Standards• Annual Audits•Periodic reporting standards to management, Council and public• Annual budget• Computerized accounting systems with robust reporting and analysis capabilities and detailed level of data•Strong level of automated control features to ensure proper authorization•Strong internal control structure which includes segregation of duties and high level of review functions What level of authority does the City Council give the City Manager to control how the annual budget is managed?BudgetaryControl•Defined authorities for staff decision making and purchasing controls• Budget amendment procedures•Use of fund balance controls•Review of budget to actual reports What criteria will the City use to set user fees and manage other revenue sources?Revenue Management & Fees•Market comparisons•Data modeling and financial projections•Cost recovery considerations•User fee strategies •Diversification of revenues What are the fund balance targets and when is it appropriate to use available fund balance as a funding source?ReserveBalances• Minimum cash flow targets for each fund type•Contingency reserves•Use of fund balance criteria How will the City manage cash assets and how will available short‐term & long‐term balances be invested? Cash &  Investment Management•State statutes•Diversification•Risk levels•Authority for investing•Reporting•Investment committee  How will the City manage the capital assets and infrastructure owned by the City?Capital Asset Management•CIP criteria•Long‐term planning•Replacement planning & funding sources•Maintenance planning•Disposal of assets•Addition of assets When will the City issue debt and how will the City manage outstanding debt and post‐issuance debt compliance regulations?Debt Issuance & Management•Debt limits•Types of debt•Issuance of debt•Terms allowed•Refunding strategies•Post issuance procedures as required How will the City manage risk and insurance?Risk Management•Risk levels•Insurance levels•Risk reduction•Funding of insurance What are the guidelines for staff to make purchases on behalf of the City and what types of expenditures are allowed?Purchasing Policy / Public Purpose Expenditures•Purchasing guidelines•State rules• Authorities• Federal Grant guidelines•Bid and quote rules• Council and management approval levels When and how will the City assess property owners for charges which directly benefit their properties?Special Assessment Policy•What projects will be assessed• City/Property owner shares•Amounts•Terms• Interest•Notices How will the City determine employee compensation and benefits?Compensation Philosophy•Market considerations•Pay plan structure• Annual Adjustment criteria•New FTE considerations•Benefit considerations How will grants be managed and how will the City comply with grant reporting and regulations?Grant Management•Internal Controls•Reporting Guidelines•Grant requests and acceptance authorities How will the City protect its digital information?Information Security• Controls•Risk identification Capital Funding•Financial strategies for fund stability•Stewardship of assets•Pay‐Go strategies•Special Assessment financing•Debt strategies •Age of city assets –renovation needs growing •Desire to maximize street reconstruction and rehabilitation•Annual special assessments amount growing with larger projects•No dedicated parks renovation funding source to take care of existing parks•Wish list for future new park amenitiesChallenges•Franchise fee dedicated to fund street projects •PMP fund balance is high and provides stability going forward•Special assessments bonding would reduce need for cash from property tax levy and cash resources•Property tax levy could be redirected to other capital improvementsResources & Opportunities Capital Equipment($800,000 Property tax levy)Capital Equipment($800,000 Property tax levy)InfrastructureInfrastructureFacilitiesFacilitiesPark ImprovementsPark ImprovementsEquipmentEquipmentTechnologyTechnologyFleetFleetOther EquipmentOther EquipmentInfrastructureInfrastructureParksParksNew Parks (park dedication)New Parks (park dedication)Neighborhood Park Renovations (General Fund)Neighborhood Park Renovations (General Fund)RoadsRoadsRoad Reconstruction(Property taxes $930k)Road Reconstruction(Property taxes $930k)Traffic Maintenance(property tax $300k)Traffic Maintenance(property tax $300k) S&P Bond Rating –Debt and contingent liability profile•Adequate debt and contingent liability profile•In our view, Chanhassen's debt and contingent liability profile is adequate. •Total governmental fund debt service is 5.8% of total governmental fund expenditures•Net direct debt is 180.0% of total governmental fund revenue•Overall net debt is low at 2.3% of market value, which is, in our view, a positive credit factor.•Our direct debt calculation excludes GO debt supported by the water enterprise that we consider self‐supporting.•Management reports that the city is considering issuing up to $4 million in new money debt in the next few years. Historical Total Outstanding Debt ‐ 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,0002011 2012 2013 2014 2015 2016 2017 2018 2019 2020Improv BondsTax Increment BondsRevenue BondsUtility Revenue BondsGO Bonds Levy Supported Debt ‐ 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,0002011 2012 2013 2014 2015 2016 2017 2018 2019 2020Improv BondsGO Bonds Outstanding Net Debt Compared to Debt LimitNet Debt Applicable to Limit3,686,297 Debt Limit142,499,616  ‐ 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,0002011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Historical and Existing Debt Levy0500,0001,000,0001,500,0002,000,0002,500,0002010 PW Facility2009 Impr2005 212 Impr2004 GO Bonds2002 Library2001 Equip Certificates2000 Impr1999  Impr1998 GO Park Pavement Management Program (Special Assessment Fund)•Franchise Fees Annually $1.9m•Special Assessments financed through bonding•2021 ‐$930,000 property tax levy•Street CIP is fully funded•Available fund balance to increase street projects in this planParks Renovation•$250,000 available to redirect to parks renovation for fund stability and $30,000 streets maintenance fund stabilityParks Dedication•Balance has been fully allocated.  No new projects funded currently but parks dedication funds will come in with new development. Project FundingUtilitiesCollector RoadsMSARoads ‐60% All Property OwnersFranchise FeesPMP Fund or other City FundsProperty TaxesRoads ‐40% Directly Benefiting Property Owners Special Assessment paid over 8‐10 yrsThis fund has been used to be the financing source Improvement Capital ‐ Pavement Management Program (PMP)Special Assessment Revolving FundFive‐Year Financial Plan (No Bonding)Fund 6012018 2019 Original Amended Estimate 2022 2023 2024 2025SOURCE OF FUNDSProperty taxes 384,838       381,223       728,523    728,523     728,523      930,000      930,000       930,000       930,000       930,000      Other taxes ‐ franchise fees 1,731,528 1,731,528  1,618,113   1,864,000   1,882,640   1,901,466   1,920,481   1,939,686   Intergovernmental MSA Curent Year Allowance 320,525       1,045,247   985,881    985,881     985,881      1,193,056   1,398,000   1,439,940   1,483,138   1,527,632   MSA Advanced/Carryforward from PY 1,653,789 ‐               ‐               584,789       ‐                 ‐                1,200,000   (1,200,000) Taxes & MSA 705,363       1,426,470   5,099,721 3,445,932  3,332,517   4,571,845   4,210,640   4,271,406   5,533,619   3,197,318   Special assessments Repaymen462,425       595,324       460,000    460,000     460,000      265,000      208,000       177,000       126,000       88,000         NEW Special assessments Repa‐                 ‐                 ‐              ‐               ‐                ‐               194,400       413,460       607,810       802,240      Special assessments Repaymen462,425       595,324       460,000    460,000     460,000      265,000      402,400       590,460       733,810       890,240      Bond Proceeds ‐ Special Assmts‐                 ‐                 ‐              ‐               ‐                ‐                ‐                 ‐                 ‐                 ‐               Investment income 52,617         54,461         25,000       25,000        25,000         45,000         19,407         14,611         12,556         4,636           Transfer from other fundsGeneral fund‐                496,459       ‐              ‐               ‐                ‐                ‐                 ‐                 ‐                 ‐               Water fund144,003       578,477       ‐              ‐               ‐                ‐                ‐                 ‐                 ‐                 ‐               Sewer fund21,742         258,810       ‐              ‐               ‐                ‐                ‐                 ‐                 ‐                 ‐               Surface Water Management187,398       469,451       ‐              ‐               ‐                ‐                ‐                 ‐                 ‐                 ‐               Sources of Funds1,573,548   3,879,452   5,584,721 3,930,932  3,817,517   4,881,845   4,632,447   4,876,477   6,279,985   4,092,194   USE OF FUNDS:Capital ImprovementsCity Funded 1,710,263   3,168,738   3,424,980 2,633,857  2,633,857   4,718,000   3,452,000   3,562,000   5,512,000   2,572,000   Assessed Project Costs 250,000       316,383       697,520    165,000     165,000      1,440,000   1,660,000   1,520,000   1,560,000   1,600,000   TOTAL USE OF FUNDS1,960,263   3,485,121   4,122,500 2,798,857  2,798,857   6,158,000   5,112,000   5,082,000   7,072,000   4,172,000   FUND BALANCENet change (386,715)     394,331       1,462,221 1,132,075  1,018,660   (1,276,155) (479,553)     (205,523)     (792,015)     (79,806)       Fund Balance ‐ Beginning 2,190,540   1,803,825   2,198,156 2,198,156  2,198,156   3,216,816   1,940,661   1,461,108   1,255,585   463,570      FUND BALANCE ‐ ENDING1,803,825   2,198,156   3,660,377 3,330,231  3,216,816   1,940,661   1,461,108   1,255,585   463,570       383,764      TARGET FUND BALANCE50% cashflow 1,399,429   1,399,429   3,079,000 3,079,000  3,079,000   2,556,000   2,541,000   3,536,000   2,086,000   2,127,720   Available for future projects 404,397       798,728       581,377    251,231     137,816      Below Fund Balance Target(615,339)     (1,079,892) (2,280,415) (1,622,430) (1,743,956) Actuals 2020 Budget 2021 Budget ProjectedUnder this plan, an average $1m of tax revenues annually needed to finance long‐term receivable for special assessmentsThis plan requires additional tax levy to meet fund balance policy.  In four years this plan's current funding results in fund balance near zero.  ‐ 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,0002018 2019 2020 2021 2022 2023 2024 2025Special Assessment ReceivableNew Assessment AddedExisting SA Receivable Repaid S/A265,000 Repaid S/A402,400 Repaid S/A590,460 Repaid S/A733,810 Repaid S/A890,240 Property Tax, 930,000 Property Tax, 930,000 Property Tax, 929,540 Property Tax, 826,190 Property Tax, 709,760 0200000400000600000800000100000012000001400000160000018000002021 Budget 2022 2023 2024 2025Revenue Required to Finance New Assessements Each YearCash AvailableRepaid S/AProperty Tax Pavement Management Program (PMP) FundFive‐Year Financial PlanFund 601Alternate Plan to Finance Special Assessments with Special Assessment Bonds2018 2019 Original Amended Actual Adopted  Amended 2022 2023 20242025SOURCE OF FUNDSProperty taxes 384,838     381,223     728,523       728,523     728,523     930,000       930,000       930,000     930,000     930,000     930,000      Other taxes ‐ franchise fees 1,731,528   1,731,528 1,648,893 1,864,000   1,864,000   1,882,640 1,901,466 1,920,481 1,939,686  Intergovernmental MSA Maintenance‐               ‐               ‐                 ‐               ‐              298,264       298,264       348,000     358,440     369,193     380,269      MSA Curent Year Allowance 320,525     1,045,247 985,881       985,881     985,881     894,792       894,792       1,050,000 1,081,500 1,113,945 1,147,363  MSA Advanced/Carryforward from PY 1,653,789    ‐               ‐              584,789       584,789        ‐               ‐              1,200,000 (1,200,000) Taxes & MSA 705,363     1,426,470 5,099,721   3,445,932 3,363,297 4,571,845   4,571,845   4,210,640 4,271,406 5,533,619 3,197,318  Special assessments Repaymen462,425     595,324     460,000       460,000     464,021     265,000       265,000       208,000     177,000     126,000     88,000        NEW Special assessments Repa‐               ‐               ‐                 ‐               ‐               ‐                 ‐                 ‐               ‐               ‐               ‐               Bond Proceeds ‐ Special Assmts‐               ‐               ‐                 ‐               ‐               ‐                1,440,000   1,660,000 1,520,000 1,560,000 1,600,000  Investment income 52,617       54,461       25,000         25,000       57,536       45,000         45,000         34,480       44,491       53,800       55,814        Transfer from other fundsGeneral fund‐              496,459      ‐                 ‐               ‐               ‐                 ‐                 ‐               ‐               ‐               ‐               Water fund 144,003     578,477      ‐                 ‐               ‐               ‐                 ‐                 ‐               ‐               ‐               ‐               Sewer fund 21,742       258,810      ‐                 ‐               ‐               ‐                 ‐                 ‐               ‐               ‐               ‐               Surface Water Management 187,398     469,451      ‐                 ‐               ‐               ‐                 ‐                 ‐               ‐               ‐               ‐               Sources of Funds1,573,548 3,879,452 5,584,721   3,930,932 3,884,854 4,881,845   6,321,845   6,113,120 6,012,898 7,273,419 4,941,133  USE OF FUNDS:Capital ImprovementsCity Funded 1,710,263 3,168,738 3,424,980   2,633,857 2,633,857 4,718,000   4,718,000   3,452,000 3,562,000 5,512,000 2,572,000  Assessed Project Costs 250,000     316,383     697,520       165,000     165,000     1,440,000   1,440,000   1,660,000 1,520,000 1,560,000 1,600,000  TOTAL USE OF FUNDS1,960,263 3,485,121 4,122,500   2,798,857 2,798,857 6,158,000   6,158,000   5,112,000 5,082,000 7,072,000 4,172,000  FUND BALANCENet change (386,715)   394,331     1,462,221   1,132,075 1,085,997 (1,276,155) 163,845       1,001,120 930,898     201,419     769,133      Fund Balance ‐ Beginning 2,190,540 1,803,825 2,198,156   2,198,156 2,198,156 3,284,153   3,284,153   3,447,998 4,449,118 5,380,016 5,581,435  FUND BALANCE ‐ ENDING1,803,825 2,198,156 3,660,377   3,330,231 3,284,153 2,007,998   3,447,998   4,449,118 5,380,016 5,581,435 6,350,568  TARGET FUND BALANCE50% cashflow 1,399,429 1,399,429 3,079,000   3,079,000 3,079,000 2,556,000   1,789,200   2,541,000 3,536,000 2,086,000 2,127,720  Available for future projects 404,397     798,728     581,377       251,231     205,153     (548,002)     1,658,798   1,908,118 1,844,016 3,495,435 4,222,848  Actuals 2020 Budget Projected2021 BudgetUnder this plan, bond proceeds finance loterm receivable for special assessments atax levy is available for investment in capThis plan with the same amount of tax levy results in adequate cash flow funding and funding available for investment in capital Pavement Management Program (PMP) FundFive‐Year Financial PlanFund 601Alternate Plan to Finance S/A with Bonds and Redistribute Property Tax to Parks & TIM Fund2018 2019 Original Amended Estimate Adopted  Amended 2022 2023 2024 2025SOURCE OF FUNDSProperty taxes 384,838      381,223      728,523      728,523      728,523                  930,000        650,000      663,000      676,260       689,785     703,581       Other taxes ‐ franchise fees 1,731,528   1,731,528   1,618,113              1,864,000    1,864,000   1,882,640   1,901,466   1,920,481 1,939,686   Intergovernmental ‐ MSA Maint allow 298,264        298,264      348,000      358,440       369,193     380,269       Intergovernmental ‐ MSA 320,525      1,045,247   2,639,670   985,881      985,881                  894,792        894,792      1,050,000   1,081,500   1,113,945 1,147,363   MSA Advanced/Carryforward from PY 1,653,789    ‐                ‐                           584,789        584,789       ‐                ‐                1,200,000 (1,200,000) Taxes & MSA 705,363      1,426,470   6,753,510   3,445,932   3,332,517              4,571,845    4,291,845   3,943,640   4,017,666   5,293,404 2,970,899   Special assessments Repayment462,425      595,324      460,000      460,000      460,000                  265,000        265,000      208,000      177,000       126,000     88,000         NEW Special assessments Repay‐                ‐                ‐                ‐                ‐                            ‐                  ‐                ‐                ‐                 ‐               ‐                Bond Proceeds ‐ Special Assmts‐                ‐                ‐                ‐                ‐                            ‐                 1,440,000   1,660,000   1,520,000   1,560,000 1,600,000   Investment income 52,617         54,461         25,000         25,000         25,000                    45,000          45,000         31,007         38,313         45,023       44,547         Transfer from other fundsGeneral fund‐               496,459       ‐                ‐                ‐                            ‐                  ‐                ‐                ‐                 ‐               ‐                Water fund 144,003      578,477       ‐                ‐                ‐                            ‐                  ‐                ‐                ‐                 ‐               ‐                Sewer fund 21,742         258,810       ‐                ‐                ‐                            ‐                  ‐                ‐                ‐                 ‐               ‐                Surface Water Management 187,398      469,451       ‐                ‐                ‐                            ‐                  ‐                ‐                ‐                 ‐               ‐                Sources of Funds1,573,548   3,879,452   7,238,510   3,930,932   3,817,517              4,881,845    6,041,845   5,842,647   5,752,979   7,024,427 4,703,446   USE OF FUNDSCapital ImprovementsCity Funded 1,710,263   3,168,738   3,424,980   2,633,857   2,633,857              4,718,000    4,718,000   3,452,000   3,562,000   5,512,000 2,572,000   Assessed Project Costs 250,000      316,383      697,520      165,000      165,000                  1,440,000    1,440,000   1,660,000   1,520,000   1,560,000 1,600,000   TOTAL USE OF FUNDS1,960,263   3,485,121   4,122,500   2,798,857   2,798,857              6,158,000    6,158,000   5,112,000   5,082,000   7,072,000 4,172,000   FUND BALANCENet change (386,715)     394,331      3,116,010   1,132,075   1,018,660              (1,276,155)   (116,155)     730,647      670,979       (47,573)      531,446       Fund Balance ‐ Beginning 2,190,540   1,803,825   2,198,156   2,198,156   2,198,156              3,216,816    3,216,816   3,100,661   3,831,308   4,502,287 4,454,714   FUND BALANCE ‐ ENDING1,803,825   2,198,156   5,314,166   3,330,231   3,216,816              1,940,661    3,100,661   3,831,308   4,502,287   4,454,714 4,986,161   MINIMUM FUND BALANCE TARGETS50% Following year's budget 1,399,429   1,399,429   3,079,000   3,079,000   3,079,000              2,556,000    1,789,200   2,541,000   2,936,000   2,086,000 2,127,720   Fund balance above (below) targ404,397      798,728      2,235,166   251,231      137,816                  (615,339)      1,311,461   1,290,308   1,566,287   2,368,714 2,858,441   Actuals 2020 Budget 2021 Budget ProjectedBonding would allow a portion of the property tax levy to be redirected to In 2021, propertytax revenues and MSA maintenance were redirected to increase funding in this fund Park Renovation FundFive‐Year Financial PlanFund 4012018 2019 Original Amended Estimate 2022 2023 2024 2025 2026SOURCE OF FUNDSProperty taxes‐              ‐              ‐              ‐              ‐              ‐              50,000        100,000     150,000     200,000        250,000    Investment income‐              ‐              ‐              ‐              ‐              ‐               ‐               ‐               ‐               ‐                 Transfer from other funds‐              ‐              ‐              ‐               ‐               ‐               ‐               ‐                 General Fund 399,886    350,000     ‐              ‐              ‐              ‐               ‐               ‐               ‐               ‐                 TOTAL SOURCE OF FUNDS399,886    350,000     ‐              ‐              ‐              ‐              50,000        100,000     150,000     200,000        250,000    USE OF FUNDSCapital ImprovementsPark Equipment Replacement 2,661        250,282    255,000    255,000    255,000    245,000     250,000     255,000     255,000     255,000        255,000    Park Shelter Replacement‐              ‐              ‐              ‐              ‐              ‐               ‐              30,000         ‐               ‐                 Park resurfacing‐              ‐              ‐              ‐              ‐              ‐              90,000         ‐               ‐              75,000          TOTAL USE OF FUNDS2,661        250,282    255,000    255,000    255,000    245,000     340,000     285,000     255,000     330,000        255,000    FUND BALANCENet change 397,225    99,718      (255,000)  (255,000)  (255,000)  (245,000)    (290,000)    (185,000)    (105,000)    (130,000)      (5,000)       Fund Balance ‐ Beginning‐             397,225    496,943    496,943    496,943    241,943     (3,057)        (293,057)    (478,057)    (583,057)      (713,057)  FUND BALANCE ‐ ENDING397,225    496,943    241,943    241,943    241,943    (3,057)        (293,057)    (478,057)    (583,057)    (713,057)      (718,057)  Historically, some park replacement has been funded from capital replacement fund and street revolving fund.This plan shows park renovation projects in this fund for transparency.Trail resurfacing would remain in the street revolving fund consistent with other pavement management activity.Note:  This fund has been relying on one‐time funding.  Future park replacements are unfunded. In order to complete renovations, a funding source would need to be identified.A $50,000 incremental annual increase has been factored in.  It is not sufficient to fund annual projects at this point.Actuals 2020 Budget Projected 2021 Budget  Alternate Strategic Plan ‐ Redirection of Levy from PMP FundPark Renovation FundFive‐Year Financial PlanFund 4012022 Budget2018 2019 2020 Original Amended Estimate Proposed 2023 2024 2025 2026SOURCE OF FUNDSProperty taxes‐           ‐           ‐             ‐             250,000    250,000    260,000         270,400   281,216   292,465   304,163    Investment income 961          12,782    12,030      ‐              ‐              ‐              ‐                   ‐             ‐             ‐             ‐             Transfer from other fundsGeneral Fund 399,886 350,000 ‐             ‐              ‐              ‐              ‐                   ‐             ‐             ‐             ‐             TOTAL SOURCE OF FUNDS400,847 362,782 12,030      ‐             250,000    250,000    260,000         270,400   281,216   292,465   304,163    USE OF FUNDSCapital ImprovementsPark Equipment Replacem 2,661      250,282 163,087   245,000    336,913    336,913    250,000         255,000   260,100   265,302   270,608    Park Shelter Replacement‐           ‐           ‐             ‐              ‐              ‐              ‐                   ‐            30,000      ‐             ‐             Park resurfacing‐           ‐           ‐             ‐              ‐              ‐              ‐                  90,000      ‐             ‐            75,000       TOTAL USE OF FUNDS2,661      250,282 163,087   245,000    336,913    336,913    250,000         345,000   290,100   265,302   345,608    FUND BALANCENet Change 398,186 112,500 (151,057) (245,000)  (86,913)    (86,913)    10,000           (74,600)    (8,884)      27,163     (41,445)     Beginning‐          398,186 510,686   359,629    359,629    359,629    272,716         282,716   208,116   199,232   226,395    ENDING FUND BALANCE398,186 510,686 359,629   114,629    272,716    272,716    282,716         208,116   199,232   226,395   184,950    MINIMUM FUND BALANCE TARGETS50% Following year's budge 81,544    81,544    122,500   125,000    125,000    125,000    172,500         145,050   132,651   172,804   138,010    Fund balance above (below316,643 429,143 237,129   (10,371)    147,716    147,716    110,216         63,066     66,581     53,591     46,940       Redirect $250,000 of existing tax levy from street revolving to this fund.  Annual increase of 4% (approx. $10,000) to cover inflation and meet fund balance target Park renovations needs exist and will need to be studied further for future years to identify the full replacement plan for existing parks.2021 budget amendment to carryforward unspent project funds to 2021  $90,000Actuals 2021 Budget Projected Transportation Infrastructure Maintenance (Pavement Maintenance) FundFive‐Year Financial PlanFund 42020212018 2019 Original Amended Estimate Budget 2022 2023 2024 2025 SOURCE OF FUNDS  Property taxes 93,000    93,000    93,000    93,000    93,000    353,000    363,590  374,498    385,733    397,305     Intergovernmental  MSA Maintenance 301,740 301,539 328,627 328,627  328,627 ‐              ‐            ‐              ‐              ‐              Investment income 6,232      16,118     ‐           ‐            ‐           ‐              ‐            ‐              ‐              ‐              Refunds and reimbursements 4,411      38             ‐           ‐            ‐           ‐              ‐            ‐              ‐              ‐              Sources of Funds 405,383 410,695 421,627 421,627  421,627 353,000    363,590  374,498    385,733    397,305     USE OF FUNDS:  Current Expenditures  Roadway preventive maintenance 367,776 385,755 393,000 393,000  393,000 353,000    353,000  353,000    353,000    353,000     Sealcoat ‐           ‐           ‐           ‐            ‐           ‐              ‐            ‐              ‐              ‐              Crack Sealing ‐           ‐           ‐           ‐            ‐           ‐              ‐            ‐              ‐              ‐              Pavement marking ‐           ‐           ‐           ‐            ‐           ‐              ‐            ‐              ‐              ‐              Right of Way maintenance ‐           ‐           ‐           ‐            ‐           ‐              ‐            ‐              ‐              ‐              Bridges ‐           ‐           ‐           ‐            ‐           ‐              ‐            ‐              ‐              ‐             ‐           ‐           ‐           ‐            ‐           ‐              ‐            ‐              ‐              ‐             ‐           ‐           ‐           ‐            ‐           ‐              ‐            ‐              ‐              ‐              Park resurfacing ‐           ‐           ‐           ‐            ‐           ‐              ‐              ‐              TOTAL USE OF FUNDS 367,776 385,755 393,000 393,000  393,000 353,000    353,000  353,000    353,000    353,000    FUND BALANCENet change 37,607    24,940    28,627    28,627    28,627     ‐             10,590    21,498      32,733      44,305      Fund Balance ‐ Beginning 299,503 337,110 362,050 362,050  362,050 390,677    390,677  401,267    422,765    455,497    FUND BALANCE ‐ ENDING337,110 362,050 390,677 390,677  390,677 390,677    401,267  422,765    455,497    499,802     35% Minimum Cashflow 123,550    123,550  123,550    123,550    123,550    Actuals 2020 Budget Projected Transportation Infrastructure ManagementFive‐Year Financial PlanFund 42020212018 2019 Original Amended Actual Budget Amended 2022 2023 2024 2025 SOURCE OF FUNDS  Property taxes 93,000    93,000    93,000    93,000    93,000    353,000    383,000    394,490  406,325    418,514    431,070     Intergovernmental  MSA Maintenance 301,740 301,539 328,627 328,627  328,627 ‐              ‐              ‐            ‐              ‐              ‐              Investment income 6,232      16,118     ‐           ‐           12,782     ‐              ‐              ‐            ‐              ‐              ‐              Refunds and reimbursements 4,411      38             ‐           ‐            ‐           ‐              ‐              ‐            ‐              ‐              ‐              Other ‐           ‐           ‐           ‐            ‐           ‐              ‐              ‐            ‐              ‐              ‐              Transfer from other funds 8,928       ‐           ‐           ‐            ‐           ‐              ‐              ‐            ‐              ‐              ‐              Sources of Funds 414,311 410,695 421,627 421,627  434,409 353,000    383,000    394,490  406,325    418,514    431,070     USE OF FUNDS:  Current Expenditures  Roadway preventive maintenance 372,238 385,755 393,000 393,000  354,282 38,718       Sealcoat & Crack sealing ‐           ‐           ‐           ‐            ‐          77,000      77,000      127,000  177,000    182,310    182,310     Pavement Inspection 30,000      30,000      30,900    31,827      32,782      33,765       Patching Materials 45,000      45,000      46,350    47,741      49,173      50,648       Contract Patching 40,000      50,000      51,500    53,045      54,636      56,275       Pavement marking ‐           ‐           ‐           ‐            ‐          25,000      25,000      25,750    26,523      27,318      28,138       ADA Improvements 40,000      40,000      40,000    40,000      40,000      40,000       Bridges Inspection & Minor repairs ‐           ‐           ‐           ‐            ‐           ‐              ‐             25,000    25,000      25,000      25,000       Trails & Parking Lots ‐           ‐           ‐           ‐            ‐          70,000      70,000      72,100    74,263      76,491      78,786       Shorewood cost share ‐           ‐           ‐           ‐            ‐          26,000      26,000       ‐            ‐              ‐              ‐              TOTAL USE OF FUNDS 372,238 385,755 393,000 393,000  354,282 353,000    401,718    418,600  475,398    487,710    494,922    FUND BALANCENet change 42,073    24,940    28,627    28,627    80,127     ‐             (18,718)     (24,110)   (69,073)    (69,195)    (63,852)    Fund Balance ‐ Beginning 299,503 341,576 366,516 366,516  366,516 446,643    446,643    427,925  403,815    334,742    265,546    FUND BALANCE ‐ ENDING341,576 366,516 395,143 395,143  446,643 446,643    427,925    403,815  334,742    265,546    201,694     35% Minimum Cashflow 146,510    146,510    166,389  170,698    173,223    175,823    Available for future projects 300,133    281,415    237,426  164,043    92,324      25,871      Actuals 2020 Budget Projected QUESTIONS? Reference for Impact of Changes to the LevyPercent Change in the LevyTotal Dollar Increase0.1% $12,0001.0% $120,000 CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Future Work Session Schedule Section 5:30 P.M. ­ WORK SESSION Item No: A.2. Prepared By Laurie Hokkanen, City Manager File No:  SUMMARY The City Council is tentatively scheduled to hold the following work sessions: July 26: 1. Traffic Safety Committee Presentation August 9: 1. Urban Land Institute Workshop with Planning Commission and Economic Development Commission August 16:  1. 2022 Budget & CIP Discuss ion August 23: September 13  1. Max Tax Discussion 2. City Council Quarterly Roundtable September 27 1. Fire Department Open House November 8 1. General Fund & Property Tax Supported Funds Discussion November 22 1. Enterprise & CIP Discussion CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectFuture Work Session ScheduleSection5:30 P.M. ­ WORK SESSION Item No: A.2.Prepared By Laurie Hokkanen, City Manager File No: SUMMARYThe City Council is tentatively scheduled to hold the following work sessions:July 26:1. Traffic Safety Committee PresentationAugust 9:1. Urban Land Institute Workshop with Planning Commission and Economic Development CommissionAugust 16: 1. 2022 Budget & CIP Discuss ionAugust 23:September 13 1. Max Tax Discussion2. City Council Quarterly RoundtableSeptember 271. Fire Department Open HouseNovember 81. General Fund & Property Tax Supported Funds DiscussionNovember 22 1. Enterprise & CIP Discussion BACKGROUND Staff or the City Council may suggest topics for work sessions. Dates are tentative until the meeting agenda is published. Work sessions are typically held at 5:30 pm on the second and fourth Monday of each month in conjunction with the regular City Council meeting, but may be scheduled for other times as needed.  CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Approve City Council Minutes dated June 28, 2021 Section CONSENT AGENDA Item No: D.1. Prepared By Kim Meuwissen, Office Manager File No:  PROPOSED MOTION “The City Council approves the City Council minutes dated June 28, 2021.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Work Session Summary Minutes Regular Meeting Summary Minutes CHANHASSEN CITY COUNCIL WORK SESSION MINUTES JUNE 28, 2021 Mayor Ryan called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilwoman Schubert, and Councilman Campion. COUNCIL MEMBERS ABSENT: Councilman McDonald. STAFF PRESENT: Laurie Hokkanen, City Manager; Charlie Howley, Public Works Director/City Engineer; Jake Foster, Assistant City Manager; Kelly Strey, Finance Director; Jerry Ruegemer, Park & Recreation Director; and Kate Aanenson, Community Development Director. PUBLIC PRESENT: None. REFERENDUM DISCUSSION • Ruegemer provided an overview of recent work done to receive feedback on Chanhassen park system and potential projects/priorities that have been heard through that feedback. • Reviewed park improvement funding sources. Current unencumbered balance of the park dedication fund is $14,000. The city budgets $250,000 per year for the park equipment fund and $70,000 annually is dedicated to trail and park parking improvements. • Reviewed feedback received during 2019 National Community Survey, 79% were supportive of tax increase to add $250,000 per year for dedicated park funding. 78% of residents indicated they would support a ballot question to make improvements to community parks. • Shared referendum history. Most recent referendum was June 1997. • Provided state statute info for referendums. • Overview of Task Force concept used in past. • City Council comments included: o Noting that the parks and trails are the lifeblood of Chanhassen. o Asked for more detail on the costs involved, desire to revisit scope, possible packages to consider. o Inquired about who pays for the referendum and promotional literature and the structure of a possible task force. o Inquired about the build-out status of The Park development. Ruegemer shared the development has been going fast. • Strey provided a general example that $10M bond over 10 years would cost $1.2M per year, which is an $8/month impact to the average value home ($400,000). (Based on current, low interest rates.) • Mayor Ryan asked the next steps and Ruegemer said the Park and Rec Commission would be a good place to start the scoping of the discussion and then come back to the City Council. The Council indicated support for this approach to continued consideration. City Council Work Session Minutes – June 28, 2021 2 BUDGET • Strey said this is a high-level, overview conversation to share and receive information. • Strey reviewed strategic priorities and approach – staff wants to provide the information and understanding needed to provide confidence to make budget decisions. • Strey reminded Council of AAA Bond Rating from S&P. Best rating you can get, recognizes good financial position of Chanhassen. The meeting adjourned at 6:55 p.m. to the regular meeting. Work Session to be resumed after regular meeting. Work Session resumed at 7:51 p.m. • Strey reviewed Pavement Program. City Council discussed and asked questions regarding the proposal to bond for special assessments that will be repaid to the City. (i.e. the 40% assessed to property owners). o City Council reiterated their desire to make prudent investments while retaining AAA Bond rating. o City Council discussed an interest in accelerating the number of road projects that can be completed in each year to make additional progress on our goals of improving our street infrastructure. PW Director Howley will review and provide additional information at a future budget meeting. • Strey reviewed Utility funds. Need to change approach to provide overhead cost considerations. • Council stated a desire for transparency and being able to demonstrate where funds are going when using ARPA funds. • Strey reviewed the 2020 General Fund results and trends and challenges for 2021 in the General Fund. • The City Council inquired about the city’s participation in the community solar garden and its performance. • The City Council inquired about the staffing and equipment needs of the fire department. • The City Council designated additional time at the July 12 Work Session for further discussion on the financial management policies. The meeting adjourned at 9:03 pm. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen CHANHASSEN CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 2021 Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman Rehm, Councilwoman Schubert, and Councilman McDonald. STAFF PRESENT: Laurie Hokkanen, City Manager; Kate Aanenson, Community Development Director; Kelly Strey, Finance Director; Lance Pearce, Police Lieutenant; Don Johnson, Fire Chief; Sergeant Stahn. PUBLIC PRESENT: Joseph Perttu, 681 Sierra Trail. PUBLIC ANNOUNCEMENTS. Invitation to 4th of July Celebration Mayor Ryan invited the community to the City of Chanhassen’s largest community event of the year, the 38th Annual 4th of July Celebration. The celebration will be held on July 2, 3, and 4 at City Center Park and Lake Ann Park and is presented by the City of Chanhassen and the 2021 Community Event Sponsors. The schedule includes a carnival, business expo, Taste of Chanhassen and Beer Garden, kiddie parade, skateboard competition, live music, street dance, fishing contests, classic car show, parade, and fireworks. Mayor Ryan thanked City Staff for their continued efforts and hard work on this event – she knows it takes months and they all really appreciate it. CONSENT AGENDA. Mayor Ryan asked the City Council if there were any modifications or additions to the agenda. After the roll call vote there were no changes to the published agenda. Councilman McDonald moved, Councilwoman Schubert seconded, that the City Council approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approve City Council Minutes dated June 14, 2021 2. Receive Planning Commission Minutes dated June 1, 2021 3. Receive Senior Commission Minutes dated May 21, 2021 City Council Minutes – June 28, 2021 2 4. Receive Environmental Commission Meeting Minutes dated May 12, 2021 5. Receive Economic Development Commission Minutes dated May 11, 2021 6. Approve Claims Paid 06-28-2021 7. Approve Consultant Contract Amendment for the Minnewashta Parkway Improvement Project 8. Resolution 2021-28: Approve Cooperative Agreement for the Minnesota Statewide All- Hazards Incident Management Organization 9. Resolution 2021-29: Approve Cooperative Agreement with Riley Purgatory Bluff Creek Watershed District for Rice Marsh Lake Water Quality Improvement Project 10. Resolution 2021-30: Establish No Parking Zone for Picha Drive 11. Appointment of Ryan Soller to the Economic Development Commission 12. Resolution 2021-31: Accept a Memorial Donation from the Family of Senior Center Patron, Martha Walker 13. Approve Lease Agreement Amendment No. 1 with Verizon Wireless for Water Tower No. 2 14. Resolution 2021-32: Accept the Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan Act All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. JOSEPH PERTTU-CITIZEN ACTION REQUEST Joseph Perttu, 681 Sierra Trail, is before the Council in opposition of City Code Section 20-909 and feels he should be able to park his boat in his driveway. He has lived in Chanhassen for 25 years on three properties and has never been served with a complaint. He read a letter that a complaint was received regarding Mr. Perttu’s property which noted he may be illegally storing items on his property. It stated continued storage of boats, all-terrain vehicles, snowmobiles, etcetera, and he is of the opinion that he should be able to store his boat in his driveway and feels this is like a nuisance ordinance. He said why spend money and time on such a bogus thing and it is ridiculous to him. Mr. Perttu thinks there are a lot of boats and trailers being stored in driveways in Chanhassen and they should employ common sense in this issue. He noted everyone wants a nice community and he is also for that, but thinks it is a big waste of time. He looked into the City of Minnetonka City Council Minutes – June 28, 2021 3 who actually prefers that boats and trailers are parked on an improved property (tar, cement, crushed rock) and not store them on the side of a garage or a backyard. He asked the Council to think about what is practical here. He stated there is not a lot of room on his property to get a boat back in there and he has an 18-foot boat. It costs him another $300 to drive it up and store it and then go out again when he has time to go get his boat. He thanked the City for the 4th of July celebration and those that made it happen. Mayor Ryan thanked Mr. Perttu and said these request forms go back to City Staff who will reach out to City Council to see if it is an item that they want to bring back for further discussion. She noted they voted on the item in May, it was initially brought forward the previous August and they have heard from a lot of people. FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE. Fire Department Update Fire Chief Don Johnson gave a report on the fire department. They have 40 paid on-call firefighters with two firefighters on personal leave. The fire department responded to 81 calls for service in May. Out of those, 50 were Rescue/EMS calls with 6 motor vehicle accidents, 6 fire responses, 3 Building Fires, 2 Mutual Aid Responses to Eden Prairie, 1 Mutual Aid to Chaska, 1 Cooking Fire, a Trash Can Fire at Lake Minnewashta Regional Park, and 1 Grass Fire at Big Woods involving illegal fireworks. On June 14, the fire department was introduced to the new mission, vision, and value statements adopted by the fire department. The new text will be updated on the city website and within department documents. Chief Johnson assisted the City of Savage with Fire Chief Interviews on June 21. Firefighter Fatturi and Chief White are working with city staff on 4th of July Planning. Chief Johnson noted groups also conducted Water Rescue and Boat Operations Training on several evenings of the month. He stated a fire investigation is underway on the Lake Susan Hills Drive fire on June 6 and there is still a danger of collapse in the garage and they are not able to enter to further investigate. Fire Chief Johnson asked the community to be sure that fires are supervised and before people go to bed to make sure they are 100% extinguished. Chief Johnson noted Chanhassen was lucky as many other communities have had discarded smoking materials blowing out car windows and starting ditch fires and as dry as things are, he asked the community to drop those items in wet cans or other things rather than in the yard. Chief Johnson said there is always a question of legal and illegal fireworks and he specified if you cannot buy them in the State, they are probably not legal in the State. He clarified if they explode or shoot into the air and explode, they are probably not legal. He hopes they get plenty of rain between now and the 4th of July. Law Enforcement Update Sergeant Stahn reported on May 2021 activity. There were 802 total calls for service with 49 Type A offenses, 11 Type B offenses, 450 non-criminal incidents, and 292 traffic-related incidents. Mental health calls have continued to trend upward in 2021, fraud and theft is also City Council Minutes – June 28, 2021 4 still highly elevated. There are still two vacancies within the City in the Sherriff’s office; however, there are two people currently going through field training and four new deputies start on July 21, 2021. They are making preparations for the 4th of July celebration and will have that fully staffed. Night to Unite is in August and preparations have started for that event. Mayor Ryan asked with the mental health calls, are they bringing the mental health professional along with them. Sergeant Stahn replied their mental health co-responder has hours starting in the afternoon and evening so depending on when the call comes in, it depends on her availability. Whenever she is available to help, she is utilized. Mayor Ryan asked what is the status of adding another mental health professional to the co- responder consideration. Sergeant Stahn noted that is still an ongoing process and they are working towards adding an additional person. OLD BUSINESS. None. PUBLIC HEARINGS. None. NEW BUSINESS. PRESENTATION AND APPROVAL OF THE 2020 AUDIT Andy Hering of Redpath and Company gave a PowerPoint presentation on the 2020 Audit. He noted the City received a “clean” or an unmodified opinion on its financial statements and a certificate of achievement in financial reporting for financial statements that are comprehensive, transparent, and consistent with accounting standards. Mr. Hering spoke about the report on internal controls, one example being that no one person has too much authority over any certain area, they use data mining software to examine when entries are made, and stated there were no findings on internal control over financial reporting. Mr. Hering updated the Council on the Minnesota Legal Compliance Report and that there are 7 sections they test for compliance. He noted one finding during the audit, each year the City must delegate its authority to make electronic funds transfers and that was an oversight in 2020 but it has since been corrected for 2021. Regarding Federal compliance due to the CARES Act funding received, they looked at whether the funding was spent appropriately, and there were no findings of noncompliance. Finally, he noted one new accounting standard adopted in 2020 that re-categorized the escrow deposits the City is holding which are now accounted for in the General Fund. City Council Minutes – June 28, 2021 5 APPROVE A REQUEST FOR A TWO-FOOT HEIGHT VARIANCE FOR AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 6300 HUMMINGBIRD ROAD Community Development Director Kate Aanenson presented information on the requested two- foot height variance to allow them to keep the accessory structure as constructed. The Residential Single Family zoning district has a 20-foot height maximum for accessory structures and the proposed project constructed a 22-foot tall structure. In 2019, the applicant applied to construct a building with a 15-foot tall structure. After beginning construction, the applicant modified his plan to construct a two-story structure and in the future the applicant would like to connect the structure that is currently there to a new home on the property. Ms. Aanenson showed plans and photos on screen and noted the original plan had a pitched roof. The applicant was issued a building permit that complied with ordinance and made changes in the field. Staff recommended denial as the applicant made the changes, did not amend the permit, and then never called for the final inspection. At the public hearing, the Planning Commission discussed the concern regarding the precedence of doing something in violation and then asking for forgiveness later, and the thought of altering the grading to meet the height definition. On a 4 to 2 vote, the Planning Commission recommended approval of the two-foot high variance; because it did not meet the 75% majority threshold it is forwarded to the City Council. Ms. Aanenson said at the meeting no one spoke against and there was someone representing the neighborhood that said they were in support. Mayor Ryan gets the sense that the accessory structure was not really out of the norm of the neighborhood in terms of height. Ms. Aanenson said that is correct. Councilman McDonald moved, Councilman Campion seconded, that the City Council approves a two-foot accessory structure height variance to keep the accessory structure as constructed, subject to Conditions of Approval, and adopts the attached Findings of Fact and Decision, as follows: 1. The property is currently zoned Single-Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low-Density use. 3. The legal description of the property is Lot 5, Block 1, Murray Hill Replat of 17 and 18. City Council Minutes – June 28, 2021 6 4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding: The applicant is proposing to increase the permitted height of an accessory structure by two feet. While accessory structures are limited in height, the applicant has constructed the accessory structure to fit in with a future reconstruction of the home on the property. By adding a second story, the applicant has prepared this structure for the future home. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The property owner could construct an accessory structure that complies with ordinance, but it would not lend itself to a future connection to a reconstructed home on the property and would require significant modification to be connected to a future two- story home. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance would allow the applicant to keep the constructed accessory building. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The reconstruction of the home is a timing issue for the applicant since the home is currently occupied by his father. Rather than having him move while a new home is constructed. e. The variance, if granted, will not alter the essential character of the locality. Finding: The variance will permit the applicant to keep the accessory structure, which is permitted on properties zoned RSF. f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This condition does not apply. City Council Minutes – June 28, 2021 7 5. The planning report #2021-10, dated June 15, 2021, prepared by Robert Generous, et al, is incorporated herein. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. City Manager Hokkanen shared her screen and spoke about FlashVote, a new tool to further the City’s goals of having a more engaged and informed community. The previous week they completed the first survey on resident engagement. She explained how the tool works and what to expect in the future with the surveys. Residents can sign up for an account at any time and will be notified by email, phone, or text that a new survey is available. She walked the Council through the logistics of how the program works and various options for working with the data. Councilman Campion asked how many FlashVotes they get in a year. Ms. Hokkanen said the contract signed includes six surveys per year; they will work with FlashVote staff to balance frequency and topics of surveys. CORRESPONDENCE DISCUSSION. None. ADJOURNMENT. Councilwoman Schubert moved, Councilman Campion seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:47 p.m. Submitted by Laurie Hokkanen City Manager Prepared by Kim Meuwissen Office Manager CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Receive Planning Commission Minutes dated June 15, 2021 Section CONSENT AGENDA Item No: D.2. Prepared By Jean Steckling, Senior Admin. Support Specialist File No:  PROPOSED MOTION “The City Council receives the Planning Commission Minutes dated June 15, 2021." Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Planning Commission Meeting Minutes dated June 15, 2021 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 15, 2021 CALL TO ORDER: Vice Chairman von Oven called the meeting to order at 7:03 p.m. MEMBERS PRESENT: Laura Skistad, Eric Noyes, Mark von Oven, Erik Johnson, Doug Reeder, and Kelsey Alto MEMBERS ABSENT: Steve Weick STAFF PRESENT: Bob Generous, Senior Planner; and MacKenzie Young-Walters, Associate Planner PUBLIC HEARINGS: CONSIDER A REQUEST FOR A TWO-FOOT HEIGHT VARIANCE FOR AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 6300 HUMMINGBIRD ROAD Senior Planner Generous presented the staff report on this item. He noted the applicant is Armenak Petrosian and said this is the public hearing and if the item is appealed or does not meet the 75% standard it goes forward to the City Council and is scheduled for June 28, 2021. The specific request is a 2-foot height variance for an accessory structure. City Code permits a 20- foot accessory structure height and this garage/accessory building is 24 feet with a 22-foot height based on City dynamics. 6300 Hummingbird Road is zoned single-family residential and is a .82-acre lot; setbacks are 30-foot front and rear with 10 feet on the side. In 2019 the applicant applied to build a 768-square foot one story (approximately 15-foot tall) accessory structure to replace an existing structure on site. After beginning construction, the applicant modified his plans to a two -story design and completed the building. When the City’s Building Official went out, they discovered that the building was too tall and the applicant was advised to come in and go through the variance process. The applicant would like to keep this building as it is constructed. Staff is recommending that the Planning Commission deny the variance request and require the applicant to revise the plan and reconstruct the structure to meet ordinance requirements. However, if the Planning Commission would like to grant the variance, an alternate motion is also provided. Commissioner Reeder asked if this garage was built as part of an existing house, would it be too tall? Planning Commission Minutes – June 15, 2021 2 Mr. Generous replied no, it would not. If it was part of the principal structure, then the height goes up to 35 feet. He noted he has had several phone calls regarding this item and were all in support of approving the variance request. Armenak Petrosian has lived in Chanhassen for 40 years and owns 6300 Hummingbird Road, which is where his in-laws live. He said it is just as Mr. Generous stated and he never imagined going over and beyond what is required within the City. He made a mistake and is here to answer any questions. Commissioner Noyes asked if Mr. Petrosian did the construction himself or had a contractor working with him. Mr. Petrosian replied he constructed the first floor himself; he poured the concrete himself, and the second floor he did not as he was sick and hired someone to do it for him. It is a typical 10- foot garage with an 8-foot floor and 5:12 pitch which corresponds to the roofline and they were trying to match and blend. Commissioner Noyes asked if Mr. Petrosian is allowed to keep the structure, can he explain future construction plans of tying it into the house. Mr. Petrosian replied the reason he changed the original plans is because he and his wife spoke and eventually, they may wa nt to construct a property there. Whatever they build now, whatever the original roofline was will not fit into the future property because there is not going to be a second floor. Commissioner Reeder asked the timeframe for building on the property. Mr. Petrosian does not know as his father-in-law is 88 years old and he wishes him a long life. Commissioner Reeder would be willing to allow the variance if the Applicant will actually do what he says he would do and perhaps even delay the requirement that he remove it by a couple of years to allow the time to do that and take out a building permit. However, if it is totally indefinite, then he has a problem. Mr. Petrosian said, unfortunately, it depends on when his in-laws both pass away. At that time, the front will be demolished and they will rebuild. Commissioner von Oven asked if the Planning Commission denied the variance, what of the available options has he explored and what will he do? Mr. Petrosian said he does not have many options. He tried to build something that will suit his family and there was no intent to harm anyone, the neighbors, or not comply with the City requirements. The alternative would be to demolish the house and he clarified the second floor in Planning Commission Minutes – June 15, 2021 3 order to comply with the requirements. In order to comply he would need to make the roof almost flat. Commissioner von Oven asked if Mr. Petrosian referred to the outbuilding as the house because his in-laws are living in the outbuilding? Mr. Petrosian replied no, his in-laws are living in the house. Commissioner Noyes asked if the original plan had 8-foot walls and the applicant changed them to 10-foot walls. Mr. Petrosian said no, they were 10 feet on the bottom. Commissioner Noyes said Mr. Petrosian changed the pitch of the roof. Mr. Petrosian noted he added the second floor and custom trusses but it was just a very high- pitched roof. Commissioner Noyes asked when he added the roof, he did not make the outside walls taller? Mr. Petrosian said no. Commissioner Noyes clarified Mr. Petrosian put in a different truss. Instead of having a triangle truss there is more of a 5-sided truss that allows a room above. Vice Chair von Oven opened the public hearing. Mark Sass, a former contractor, noted Mr. Petrosian is a great neighbor and built it right. All of the neighbors around, as far as he knows, have no complaint whatsoever and Mr. Petrosian did a lot of work with the neighbor to the north to grade and get things so that it feels good. His question is, what is the solution? Butcher the building – it is a really nice, solid structure – whether he built a new house in the back and all these future dreams, who knows where they are? He knows this is a precedent but noted they are all okay with it. If there is anything Mr. Sass can do, he is happy to help, he has worked with the City for 40 years and knows all the inspections, etc. Vice Chair von Oven closed the public hearing. Commissioner Reeder asked staff if they looked at what the options would be if the application is denied. Planning Commission Minutes – June 15, 2021 4 Mr. Generous replied as Mr. Petrosian pointed out, he could lower the roof or raise the grade around it so it is not as high. He noted mostly it is in the building construction and they would have t o change the height of the roof peak. Commissioner Reeder asked if the idea of making the ground level higher is feasible or not. Mr. Generous went out to the property and on the west side of the structure it is actually much higher. Mr. Petrosian could alter the grade and it would fit in with his future house plan if he were to do that. Commissioner Reeder asked Mr. Petrosian if he could do that. Mr. Petrosian replied he is not an engineer and cannot speak to the construction business. To his understanding, raising the ground around the garage is not really going to give him anything as then he has to raise the floor of the garage, as well. Otherwise, he will be unable to get into the garage. Associate Planner Young-Walters said technically the way the ordinance reads, grade is measured from highest adjoining grade to mid-point of the highest of the highest gable. Hypothetically that means if on several sides of the structure the grade was two feet higher than it was on, say, the front of the structure where the entrance was, they would measure from the highest grade not the lowest grade. The only exemption to that is if there is more than a 10-foot change in elevation in which case they use lowest grade plus ten. It is arguably using the letter of the Code to defeat the spirit, but in theory it would meet Code. Engineering would have to decide if the drainage would work. Commissioner Alto clarified that would not affect the aesthetics of the building at all so why would they make them add more dirt to one side. She would rather just approve the variance. Mr. Petrosian said actually he already has two feet on one side of the garage because his neighbor has always had a problem with drainage. Mr. Petrosian added two feet between them so the wat er comes to him and he has drainage all the way to the street. He can add more to it if that will satisfy the requirements. Mr. Young -Walters noted it is theoretically possible. Commissioner Noyes noted that precedence is the whole issue here, and Mr. Petrosian does not have good alternatives. In plenty of other municipalities it has migrated towards - rather than asking permission up front - people asking for forgiveness after the fact. He thinks they are trying to avoid that in Chanhassen. Now if someone reads the minutes or sees the video of this, they may think they know how to get around this for the next time and that person will say the City approved it before. Planning Commission Minutes – June 15, 2021 5 The Planning Commission discussed adjusting the grade of the property and the City Code. Mr. Generous clarified the Planning Commission could tell Mr. Petrosian to go back and make changes to the site to bring it into compliance then a variance is not necessary. That way it avoids all the issues of precedent because they are bringing it into compliance with ordinance. Vice Chair von Oven is a proponent of not setting these types of precedents. He noted the mistake was made during the pandemic, not one of the neighbors has complained given the chance – Mr. von Oven clarified if something else were to come before this Commission similar to this, all it would take for him is one neighbor to complain. He noted the combination of neighbors speaking on Mr. Petrosian’s behalf and seeing pictures, it is definitely not out of place, although it is out of place in the Code and staff did exactly the right thing recommending denial. He is trying to talk himself into the fact that this will not necessarily be a precedent and seeing if they can approve. Commissioner Skistad seconded Vice Chair von Oven as those are fair points. After the year that everyone has gone through, making exceptions like this and then determining future cases is case-by-case and facts are different every time. Vice Chair von Oven added Mr. Petrosian’s first statement that in Chanhassen they have a shortage of senior living and this house is being occupied by seniors who have a fantastic place to live on behalf of their son-in-law and daughter. Although they cannot ride on that alone, the combination of all these factors gives him something to say to the next applicant who would truly come in and say they found a way around the system. Commissioner Reeder asked if they should table this and allow the applicant to look at the option of moving the dirt around to see if it is feasible rather than denying it. Commissioner Noyes thought about that same option and the other thing the Commission must keep in mind is that if they deny, Mr. Petrosian has the chance to go before the Council and make the same case and they may have a decision to grant the variance. The applicant is not dead in the water if they table it or vote to deny the variance as written. He still looks at moving dirt around as a band-aid. Commissioner Alto moved, Commissioner von Oven seconded, that the Chanhassen Board of Appeals and Adjustments approve the requested two-foot height variance for an accessory structure subject to the following conditions: 1. the Applicant shall provide revised plans that accurately reflect the constructed accessory structure and 2. the Applicant shall schedule and receive a final inspection. The motion carried with a vote of 4 to 2. Ayes 4, Nays 2 (Reeder, Noyes). Mr. Generous clarified the motion passes but the 75% rule does not, so this acts as a recommendation to City Council. On June 28, 2021 it will go before the City Council. Planning Commission Minutes – June 15, 2021 6 CONSIDER A REQUEST FOR A FENCE VARIANCE ON PROPERTY LOCATED AT 931 LAKE SUSAN HILLS DRIVE Senio r Planner Generous noted this property is a corner lot and the applicant , Alec McKinley, is requesting a variance to put up a privacy fence in what the City Code defines as his front yard. On corner lots the front yard is designated by where the garage is located for access purposes. The property is part of the Lake Susan Hills PUD and is a typical lot of .34 acres with 30-foot front and rear setbacks and 10-foot side setbacks. Staff suggested line of sight triangles so those on the sidewalk can be clearly seen. Staff is recommending approval of the variance request for the six-foot fence and what is designated as the front property subject to the conditions in the staff report which are the site triangles being preserved. Alec and Amy McKinley live at 931 Lake Susan Hills Drive, and said the privacy fence purpose is two-fold for security for their children and for privacy. He noted there is no intention of creating a security threat by rolling their cars out the driveway and injuring anyone, so they understand the site lines and adamantly support that. Commissioner Noyes asked the McKinley’s if the staff suggestions are acceptable to them. Mr. McKinley noted they did not have intention of running the fence right down the property line to the sidewalk but pushing it back a bit. He said 30 feet is pretty big for a site view next to his driveway and he understands that goes with City Code, but if that is what it will take for them to get their fence, they would go for it. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. Commissioner Skistad moved, Commissioner Noyes seconded, that the Chanhassen Board of Appeals and Adjustments approves a variance to construct a six-foot fence along West Lake Drive, subject to the conditions of approval, and adopts the attached findings of facts and decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. CONSIDER A REQUEST FOR AN AMENDMENT TO THE INTERIM USE PERMIT TO REMOVE THE CONDITION REQUIRING THE INSTALLATION OF DRIVING RANGE NETS Associate Planner Young-Walters stated this is a continuation of Planning Case 2021-02, the resumption of the golf zone use at 825 Flying Cloud Drive. The applicant s, Brian and Keri Colvin, are requesting that Condition 9 from the I nterim Use Permit (IUP) be removed, which is the condition requiring the installation of driving range nets, particularly the nets across the back of the golf zone driving range. Mr. Young-Walters refreshed the Commissioners on the location, noting it is zoned A2 – Agricultural Estate and is guided in the 2040 land use plan for office and Planning Commission Minutes – June 15, 2021 7 agricultural use. The site is just under 100 acres in size and is currently operating as a golf driving range under IUP 2021-02. Mr. Young-Walters gave a short background on the driving range including amendments, noting it closed down in 2018 and per City Code after 6 months of inactivity the original IUP permit expired. In January 2021, the City Council approved the resumption of use under a new IUP and had a condition that nets be installed by June 14, 2021. This is what the applicant is asking relief from and has stated they want to be allowed to operate the driving range without installing the rear nets as the wetlands are approximately 400 yards away and golfers cannot hit balls further than 300 yards. They also machine and hand-pick balls daily and the previous driving range had not utilized rear nets for 10 years of its operation, a 2020 site visit did not find stray balls, and the applicant has stated if they observe balls in the wetlands, they will voluntarily install the nets. He believes the applicant is still intending to have the side nets present. Staff’s position is that wetland boundaries are not always obvious. The most recent wetland delineation in 1998 expired (wetland delineations are good for three years), showed that the wetland boundary at the time was 275 yards rather than 400 yards from the concrete bunkers where the driving occurs. In the staff report, the Water Resources Coordinator noted that there is significant concern with equipment being operated regularly near and within the wetland and within the wetland buffer. One of the big reasons staff did not require the applicant to get a new delineation when this IUP came through to be resumed is because staff had been under the understanding that the nets would be installed at 230 yards which provides 45 yards of cushion between the last known edge of the wetland and where they would reasonably expect balls to travel. Without the nets, staff is very concerned about ball-picking equipment being used within wetland buffer areas and near the wetland. Staff is recommending denial and that the condition of nets being installed be retained. The applicant is a little confused. He understood that his nets were required to be put in the back; he did not realize that they were talking about side nets and all. From their hitting area, using multiple GPS units off of mats in the hitting stalls within the facility, it is 375 yards right to the edge of the weed line. The wetlands start roughly about 400 feet in. They have two ball picking machines that drive in the center of the driving range to pick the balls. On the outside where the poles would be at the 230-yard mark, they have 5-6 employees every day that do a clean pick by hand; every ball is picked off that property before they go home at night . Mr. Colvin clarified the machine is not driving anywhere near the wetlands. He did not know they were also talking about putting nets up on the sides and stated on the west side; he has not measured the wetlands as they never planned on putting nets on that side because the land goes so far over before hitting the woods – Tiger Woods could not even hit a ball into the wetlands over on that side. He showed an overhead map and explained the distances and wetlands. Commissioner Skistad asked where they hit the balls in looking at the map. Mr. Colvin replied they hit from the building and within the blue boundary marked on screen. Commissioner Alto asked if Mr. Colvin ever intended to put up any nets, whether on the back or the side. Planning Commission Minutes – June 15, 2021 8 Mr. Colvin said after owning, maintaining, and watching for 60 days, he realized that nobody can hit into these wetlands. The previous owner did not have nets, as they had deteriorated, for the last 10 years. Commissioner Alto said wouldn’t the nets also prevent wildlife and birds from crossing the path of the balls if the nets were there. Mr. Colvin replied yes. Commissioner Noyes stated they probably could have issues both ways that the nets would cause issues with the birds. Associate Planner Young-Walters clarified that Condition 9 requires that the nets be installed in compliance with DNR guidelines in 1998. The DNR specified a minimum of a 4.5-foot clearance for the nets as well as maximum heights so that they would not interfere with migrating birds or any animals passing through. Mr. Colvin said having the nets start 4.5-5 feet above the ground and go up actually defeats the whole purpose of having nets. Most balls, about 80-90% that are coming out at 230 yards are already dropping and rolling underneath that 4.5-foot net. Commissioner Reeder asked why Mr. Colvin does not want to put the net up. Mr. Colvin replied he does not feel there is any need for it as none of the balls are entering the wetlands from t he hitting area and it is an expense that as a new business owner he does not want to cover if there is no need for it. As far as everything else, he was given a maintenance list by the City and took care of that, they did the landscaping, put in a rain garden and he felt that was all necessary and was taken care of within 30 days. Mr. Colvin feels like the nets are unnecessary and very costly. Vice Chair von Oven asked how costly the nets are. Mr. Colvin was under the assumption they were putting the nets just in the back. He had one bid just for the back and that was $32,000. He had two other bids for the back and one came in at $28,000 and another at $30,000; out of curiosity he asked for a bid on what it would cost for the nets to go around the who le perimeter and one came in at $89,000 and the other came in at $97,000. Vice Chair von Oven opened the public hearing. Vice Chair von Oven closed the public hearing. Planning Commission Minutes – June 15, 2021 9 Commissioner Skistad said 4.5 feet off the ground does not make sense to her either. It seems that the regulation does not make logical sense and perhaps they should review it. Commissio ner Johnson asked if the 4.5 feet is a regulation or if that is just how they install the nets. Commissioner Skistad noted it is the DNR because they want to let animals through. She said if they let animals through, they also let golf balls through. Mr. Young-Walters said from going through the meeting minutes in the 1990’s, the original net discussion was a balancing act. There was concern about balls traveling into the wetlands, and they have a wetland alteration permit because part of the driving range that is no longer in use went into the wetland at 255 yards. He noted a portion of about 18,000 square feet on screen that was filled in order to allow for the driving range. Staff had been very concerned about long shots going deep into that buffer area and into the wetlands and the compromise was with the nets there a person who hits a high and far ball would be caught by the nets. He noted some will roll further but the goal is to keep them from hitting the wetland. In regards to the location of the wetland, Mr. Young-Walters understands what the applicant is saying, however, one cannot identify a wetland just based on surface vegetatio n. A certified delineator must come out, take soil samples, look at type of soils, hydrology, etc., to know where that boundary is. The last delineation done at this site showed it at 275 feet out from the bunker. He noted wetlands move and without a new delineation there is no way to know if it has moved closer, further back, or zig -zagged around. Mr. Colvin commented regarding a high shot near the 255, to reach that would actually be a 255- yard carry. For those who do not golf, the average PGA Tour player has a 255–275-yard carry, which is impossible for anybody to come to his facility make that let alone total that out. He took all those facts from TrackMan Technology, a database that takes information in from every Tour player. Keri Colvin stated the last City inspection was in 2014 and the nets were not up then. The previous owner closed it in 2018 and Mr. Young-Walters did a complete walkthrough of the property prior to the IUP. Looking back at the previous City Council and Planning Commission minutes, they could not find a single golf ball out in the wetlands or in the woods. The facility had not had nets up for over 10 years at that point. Mr. Young -Walters clarified that inspection was done by himself, a Water Resource Coordinator, and the City Arborist. They did not do an intensive search, they walked out maybe 20-30 yards beyond the end of the poles which is the 230-yard point. In looking at the aerials in 2019, waters were up to the 230-yard pole so anything that would have been there from 2018, beyond that point would not have been there when they conducted that walk through. Planning Commission Minutes – June 15, 2021 10 Commissioner Reeder clarified this requirement for the fence was put in the last time they approved it. Mr. Young-Walters replied this was one of the conditions on the 1998 IUP and was one of the conditions they informed the applicant they would be keeping for the reissued permit and was upheld at City Council when they reissued the permit. Commissioner Reeder asked if the applicant knew that. Mr. Young -Walters said the applicant was given the initial IUP and was told they would be maintaining all conditions and was advised to familiarize himself with it. There was extensive discussion on this condition when he asked for an extension on implementing it before the City Council meeting where this was approved. Commissioner Reeder asked Mr. Colvin if he did not understand that he had to do this or if he did not cost it out. Mr. Colvin understood, he knew the list of things that he had to do. Ever ything else from the City that was requested he completely agrees with, however, once they had the facility open for 60 days, he realized that it just does not make sense to put these nets up because nobody can hit balls anywhere into these wetlands. As a new business owner this is a very costly addition and if it does not have to be put in, he simply does not want to. It is a lot of money to put these nets in to stop pretty much zero balls that would go into the wetlands. Also, to start them 4.5 feet seems like he is really wasting everyone’s time and money. Commissioner Reeder noted it was not in Mr. Colvin’s original business plan to put the nets up. Mr. Colvin replied when he purchased the facility, he never planned on putting nets up as there had not been nets up there in the last 10 years. Commissioner Reeder stated it said in the permit Mr. Colvin received that he had to. Mr. Colvin understands that part. After owning the facility for 60 days he decided to go back to the Planning Commission and City Council and ask them to amend the request of the netting because no one can reach the wetlands. Commissioner Noyes asked Mr. Young-Walters if the DNR is driving the requirement for the netting in t he original permit. If the DNR was sitting here right now, would they say they are not really concerned about this. Mr. Young -Walters replied unfortunately the DNR did not respond to either of the interjurisdictional requests which puts him in an awkward position in trying to speak for them. In reviewing the letter, the DNR sent to the City in 1998, his understanding is that the City was Planning Commission Minutes – June 15, 2021 11 primarily concerned about balls moving into the flood plain and wetland and the DNR was primarily concerned with the animal migrations and wildlife not being impacted. Commissioner Noyes would love to go back and say there have not been nets in the previous 10 years of operation but he does not think that holds a lot of water; just because they were non- compliant does not mean they can be non-compliant going forward. He thinks it is valuable to understand why they would be requesting the fencing, whether it is the City or the DNR. Commissioner Alto noted they also do not have proof that the 10 years without nets did not have an impact, there is just no physical evidence that they can see right now. She said 60 days of being open and not having an impact – the wetlands are not able to speak for themselves in this matter – and if the DNR and the City also thinks it is best, she has to side with them. Vice Chair von Oven asked from a historical perspective, what was the order? Did Mr. Colvin purchase the property and then come to the City for the IUP renewal? Or did he obtain the renewal and then make the decision to purchase the property? Mr. Colvin replied they purchased the property and then came for the renewal of the IUP. Mr. Young-Walters clarified he believes they met before Mr. Colvin finalized the purchase to go over the 1998 IUP and to discuss whether or not the City would be amenable to reissuing it. Vice Chair von Oven said Mr. Colvin had a good feeling that by purchasing the property that he would have a path through the City. Mr. Colvin replied yes. Commissioner Alto moved, Commissioner Reeder seconded, that the Chanhassen Planning Commission recommends that the City Council deny the Applicant’s request to remove Condition 9 from the IUP 2021-02. Commissioner Noyes has a hard time voting to deny because he does not know why it is required to have the nets, yet. He really wants to know if the DNR is the one pushing this because of the wetland issue. At this point in time, he would vote against the motion to deny and perhaps recommend they get more information related to the origin of the netting requirement. Vice Chair von Oven has gone back-and-forth on this one and he stated this is clearly not a surprise for the owners. He does not think one purchases a driving range anywhere around a City and think s that they may not have to get some nets. He also agrees and he is not sure these nets are serving the purpose that was intended. At the end of the day taking the facts and saying if the right thing to do is eliminate the need for these nets, it is not through a variance but is through amending the need for a net next to a wetland within 275 feet. Mr. von Oven said if it had been a surprise to the owners, he would try to find a way to ease that burden. However, if this was not in Planning Commission Minutes – June 15, 2021 12 the business plan, then it wasn’t a very good business plan, or it was a hopeful business plan that the previous owner did not have nets for 10 years so they could perhaps not have nets. He has to be on the side of denying the variance. Commissioner Alto said as they spoke earlier in terms of setting precedence, doesn’t it set the precedent that one can buy a business that is out of compliance and hope that the City will allow them to continue to be out of compliance. Commissioner Skistad is all for supporting and protecting wetlands but she does not feel that this does either. It would have been better if it was addressed before it got to this point, but perhaps one cannot know that until they have had the business and been hitting golf balls for 60 days. She will vote against this motion for those reasons. The motion carried with a vote of 4 to 2. Ayes 4, Nays 2 (Noyes, Skistad) Mr. Generous stated this is a recommendation from the Planning Commission to the City Council on July 12, 2021. Mr. Young-Walters noted staff will do their best to reach out to the DNR and try to clarify their feelings on this condition. He said Staff did reach out to the DNR when the discussion on delaying the condition came up and were not able to get a response, but he promises they will try. APPROVAL OF MINUTES: Approve Planning Commission Minutes dated June 1, 2021. Commissioner Johnson moved to approve the Planning Commission Minutes from June 1, 2021. ADJOURNMENT: Commissioner Skistad moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:29 p.m. Submitted by Kate Aanenson Community Development Director CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Receive Park & Recreation Commission Minutes dated May 25, 2021 Section CONSENT AGENDA Item No: D.3. Prepared By Kim Meuwissen, Office Manager File No:  PROPOSED MOTION “The City Council Receives the Park & Recreation Commission minutes dated May 25, 2021.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Summary Minutes CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING MINUTES May 25, 2021 Chair Tsuchiya called the meeting to order at 7:01 p.m. via Zoom. MEMBERS PRESENT: Karl Tsuchiya, Sandy Sweetser, Matt Kutz, Jim Peck, Heather Markert, Don Vasatka, and Scott Fischer MEMBERS ABSENT: Youth Commissioner Chaehyun Lee OTHERS PRESENT: Mayor Elise Ryan STAFF PRESENT: Jerry Ruegemer, Park and Recreation Director; Priya Tandon, Recreation Supervisor; Mitchell Czech, Recreation Supervisor; and Laurie Hokkanen, City Manager PUBLIC PRESENT: None. ROLL CALL APPROVAL OF AGENDA. Commissioner Peck moved, Commissioner Sweetser seconded to approve the agenda. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC ANNOUNCEMENTS. Recreation Supervisor Czech stated that a Memorial Day ceremony would be held at City Center Park at noon on Monday, May 31, 2021. Park and Recreation Director Ruegemer shared that there would be a food drive to collect food for the Chaska Bountiful Basket Food Shelf on June 3, 2021. VISITOR PRESENTATIONS. None. APPROVAL OF MINUTES. APPROVE PARK & RECREATION MINUTES DATED APRIL 27, 2021 Commissioner Markert moved, Commissioner Sweetser seconded to approve the Minutes of the Park and Recreation Commission Meeting dated April 27, 2021 as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Park and Recreation Commission Minutes – May 25, 2021 2 NEW BUSINESS. 2021-2024 STRATEGIC PLAN UPDATE Park and Recreation Director Ruegemer introduced Mayor Ryan and City Manager Hokkanen who presented information on the newly adopted Strategic Plan. Ms. Hokkanen reviewed that the Strategic Plan was a living document that would be reviewed annually each January. The Strategic Plan will assist Council and staff in defining goals and priorities. Ms. Hokkanen outlined the vision, mission, and values. She highlighted an emphasis on innovation, embracing technology, and engagement. The strategic plan summary will act as a guide over the next three years and provide policy direction as well as targets and strategic initiatives. Parks and Recreation is a big component of capital and amenity needs and Chanhassen residents often request changes in this area. Asset management addresses maintaining items the City owns. One tool the City uses is Cartegraph which tracks maintenance costs, schedules, and assets. Having this information electronically helps when employees retire or move on and new employees are hired. An estimated 50% of Chanhassen’s 80 full-time employees have started within the past five years. Operational excellence addresses employee morale and connectedness and seeks to re-engage employees so that they understand “the why”. Improved technology will help streamline processes so that the City can meet the same level of service without adding significant staffing. Ms. Hokkanen introduced a new complaint tracking system, SeeClickFix. SeeClickFix is an app- based complaint reporting system where concerned citizens can photograph and report problems allowing staff to be more responsive and save time. Ms. Hokkanen reviewed the importance of communication and outlined a new tool, FlashVote, which can be used to send short surveys to residents. Commission member Tsuchiya asked if the City was addressing lack of internet services in light of an increase in people working from home. Ms. Hokkanen stated that the City is working on a franchise agreement with a broadband internet service provider, MetroNet. This service will be offered alongside current internet provider Mediacom. Mayor Ryan added that there are some businesses who have expressed a desire for fiber before developing in Chanhassen. Park and Recreation Commission Minutes – May 25, 2021 3 Commissioner Peck asked about the project cost of implementing the Strategic Plan. Ms. Hokkanen stated they were not at the cost stage yet. Mayor Ryan added that the City would like to conduct a Facility Study to better understand the cost of investments such as parks or recreational facilities. Mayor Ryan added that financial sustainability is a component of the Comprehensive Plan. The City has had low taxes for many years but that has impacted infrastructure. Having a Strategic Plan shows how tax dollars are tied to improvements and are an investment in the community. There may be a tax increase involved. Commission member Kutz stated that he has been on the Park and Recreation Commission for three years. He recalls that a bond referendum was proposed for $10 million to improve Lake Ann, the Rec Center, and other parks. He feels that residents want some of the improvements that they are seeing in surrounding communities. Is the referendum still being considered? Ms. Hokkanen stated that the Council will discuss the referendum at their June 28, 2021 work session. They would work together with a referendum task force and the Park and Recreation Commission if that is something the Council would like to pursue. It would not likely happen in 2021 due to timing and the fact that Chanhassen holds even-year elections. Ms. Hokkanen asked the Park and Recreation Commission for feedback on two questions: What they saw in the plan that they were excited about as well as any parts where they were hesitant or concerned. She asked the Commission members to submit comments to her via email. Chair Tsuchiya asked if SeeClickFix was anonymous. Ms. Hokkanen stated the City was in the process of setting up this tool and anonymity was an option. The disadvantage of anonymity is that there is no opportunity to follow up or correct an error. Complaints are protected government data. The City would be able to see this information but would not be allowed to share it with the public. SeeClickFix replaces a request tracker that was part of the CivicPlus website that the City implemented around 2008. Commission member Tsuchiya asked how the City will create awareness for SeeClickFix. Ms. Hokkanen stated that the City is in the process of hiring a Communications Manager. That person will use communication channels such as social media and promotion at events to inform the public of the new tool. Ms. Hokkanen added that, if the Park and Recreation Commission would like to see a specific report, they could request it and it could be provided on a more frequent basis. Park and Recreation Commission Minutes – May 25, 2021 4 OLD BUSINESS. None. REPORTS. INTRODUCTION OF 2021 OLD NATIONAL BANK SUMMER CONCERT SERIES Recreation Supervisor Tandon gave an overview of the 2021 Old National Bank Summer Concert Series. The concert series will feature nine performances over eight weeks starting June 10 through August 5. July 1 will not have a performance and there will be an additional performance on July 29. Concessions will be available and the concerts are free to attend. Old National Bank of Chanhassen has provided $3,000 to sponsor the concert series. Promotional magnets will be available with concert dates and advertisements will go out via social media. Typically, concert attendance is between 150 and 450 people. 2021 SUMMER PROGRAMS Recreation Supervisor Tandon gave an overview of 2021 Summer Preschool, Youth, and Family programs. The most popular event was Lake Ann Adventure Camp which filled within 10 minutes. More information on summer programs can be found on the City’s website or in the 2021 Spring/Summer Chanhassen Connection. Commission member Markert stated she found it difficult to find fishing camps. Ms. Tandon stated that, in the past, Chanhassen has partnered with the group Fishing with Friends. She will look at a potential partnership with this group in 2021 or 2022. 2021 LAKE ANN PARK SUMMER PROGRAMS Recreation Supervisor Czech stated concession and water craft rental will open on Saturday, May 29, 2021 and will be open from 11:00 a.m. to 7:00 p.m. each day. Rentals include paddleboards, paddle boats, canoes, and kayaks. The City is partnering with Grey Duck Outdoor for paddleboard rentals and revenue will be shared between Grey Duck and the City. Mr. Czech will share concession stand duties with the Park and Recreation intern as there was no concession manager hired for summer. Mr. Czech has been processing picnic shelter requests and shelters are booked through June, most of July, and into August. There are 115 shelter reservations thus far which should generate $15,000. Chanhassen has two shelters at Lake Ann and one shelter at Lake Susan. Park and Recreation Commission Minutes – May 25, 2021 5 Lifeguards, contracted through Minnetonka Aquatics, will begin working at Lake Ann beach on June 5, 2021 and will be present from 11:00 a.m. to 6:00 p.m. weather permitting. Commission member Kutz commented that the City could use money from a referendum to increase the number of picnic shelters. Commission member Vasatka asked if the Park and Recreation Commission can use the FlashVote surveys to survey residents with park questions. Mr. Ruegemer confirmed that the Commission can use the FlashVote system. COMMISSION MEMBER COMMITTEE REPORTS. None. COMMISSION MEMBER PRESENTATIONS. None. ADMINISTRATIVE PACKET. Commission member Vasatka asked if the attendees could give a brief introduction to new commission members. Current commission members and staff introduced themselves to new Commissioners. Commissioner Kutz asked if sports associations could attend Park and Recreation Commission meetings and give a presentation. Commissioner Markert asked the best way to share new ideas with the Commission. Chair Tsuchiya responded that Commissioners could email Mr. Ruegemer to be added to the agenda or add the item to the agenda at the beginning of a meeting. Commissioner Markert had a suggestion to create park passports for the 6-7 community parks as well as the 21 neighborhood parks. The passport could be a free printable on the city website. Chair Tsuchiya added that each park could have an embossed stamp, a rubbing, or a password to make a phrase that participants could “collect”. He added that, when Lake Ann is renovated, perhaps there could be QR codes that people could scan for information or short videos. Commissioner Markert added that there could be a way to take a picture and upload it to the passport. Commissioner Markert suggested an idea of creating videos of park amenities so that people who are unfamiliar with Chanhassen parks could see what they contain. Amenities could be highlighted online every week or once a month. She added that, when she worked for Park and Recreation Commission Minutes – May 25, 2021 6 Minnetonka schools, their student media groups looked for real world projects and created videos as part of their school assignments. Mr. Ruegemer expressed an interest in increasing video communications. Chair Tsuchiya added a desire for drone footage. ADJOURNMENT. Commissioner Kutz moved, Commissioner Markert seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Park and Recreation Commission meeting was adjourned at 8:42 p.m. Submitted by Jerry Ruegemer Park and Rec Director Prepared by Kim Meuwissen CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Approve Claims Paid 07­12­2021 Section CONSENT AGENDA Item No: D.4. Prepared By Kelly Strey, Finance Director File No:  SUMMARY The following claims are submitted for review and approval on July 12, 2021: Check Numbers Amounts 175617 – 175726 $  896,791.17 ACH Payments 1,088,793.90 Total All Claims $1,985,585.07 ATTACHMENTS: Check Summary Check Summary ACH Check Detail Check Detail ACH Accounts Payable User: Printed: dwashburn 7/2/2021 8:32 AM Checks by Date - Summary by Check Number Check No Check DateVendor NameVendor No Void Checks Check Amount UB*02217 @TITLE LLC 06/24/2021 0.00 36.98175617 BCATRA BCA 06/24/2021 0.00 60.00175618 BENSROGE ROGER BENSON 06/24/2021 0.00 100.00175619 UB*02220 JENNIFER BLANCHETTE 06/24/2021 0.00 116.23175620 BurdDean Dean Burdick 06/24/2021 0.00 200.00175621 UB*02222 BURNET TITLE 06/24/2021 0.00 7.43175622 UB*02212 KATHERINE CARROLL 06/24/2021 0.00 53.15175623 CENENE CENTERPOINT ENERGY MINNEGASCO 06/24/2021 0.00 430.81175624 CenLin CenturyLink 06/24/2021 0.00 60.86175625 DirSho Dirty Shorts Brass Band 06/24/2021 0.00 300.00175626 DonHom Donnay Homes 06/24/2021 0.00 2,500.00175627 DulSal Dultmeier Sales LLC 06/24/2021 0.00 95.30175628 EKHOPAUL PAUL EKHOLM 06/24/2021 0.00 25.81175629 EscFir Escape Fire Protection LLC 06/24/2021 0.00 75.02175630 UB*02214 EXECUTIVE TITLE SERVICES 06/24/2021 0.00 55.33175631 UB*02208 KEVIN/TERESA FINGER 06/24/2021 0.00 87.65175632 GRELAK GREAT LAKES COCA-COLA DISTRIBUTION LLC06/24/2021 0.00 389.51175633 HartCom Hartman Companies 06/24/2021 0.00 8,547.00175634 UB*02207 NATHAN & COLLEEN HATZUNG 06/24/2021 0.00 234.43175635 HeaPar HealthPartners, Inc.06/24/2021 0.00 67,405.26175636 HEALSTEV Steve Healy 06/24/2021 0.00 51.00175637 UB*02210 CHARLES & KRISANA HOFF 06/24/2021 0.00 170.33175638 Horwit Horwitz, Inc 06/24/2021 0.00 346.25175639 UB*02223 YANFEI HUANG 06/24/2021 0.00 73.87175640 IndSig Indigo Signs 06/24/2021 0.00 351.00175641 INTCOD International Code Council Inc 06/24/2021 0.00 145.00175642 JMSCUST JMS Custom Homes LLC 06/24/2021 0.00 1,500.00175643 KENGRA KENNEDY & GRAVEN, CHARTERED 06/24/2021 0.00 612.75175644 UB*02219 KNIGHT BARRY TITLE UNITED LLC 06/24/2021 0.00 19.93175645 LakFoo Lakewind Foods 06/24/2021 0.00 100.00175646 LamSon Lametti & Sons Inc 06/24/2021 0.00 223,526.67175647 UB*02218 LAND TITLE 06/24/2021 0.00 9.73175648 UB*02215 BRIAN & CHERYL LAROCHE 06/24/2021 0.00 227.14175649 LEAMIN LEAGUE OF MINNESOTA CITIES 06/24/2021 0.00 520.00175650 MINROA Minnesota Roadways Co 06/24/2021 0.00 221.99175651 MNTRAN MN DEPT OF TRANSPORTATION 06/24/2021 0.00 1,096.81175652 MouOli Mount Olive Rolling Acres 06/24/2021 0.00 50.00175653 MTIDIS MTI DISTRIBUTING INC 06/24/2021 0.00 4,096.00175654 MugJul Julie & Mike Muggli 06/24/2021 0.00 100.00175655 NOVSOL NOVEL SOLAR THREE, LLC 06/24/2021 0.00 9,183.52175656 RAITRE RAINBOW TREE COMPANY 06/24/2021 0.00 135.00175657 UB*02221 REALTECH TITLE LLC 06/24/2021 0.00 126.61175658 UB*02216 KELLEY SOLHEID 06/24/2021 0.00 49.62175659 SOUSUB Southwest Suburban Publishing 06/24/2021 0.00 1,169.45175660 UB*02213 STUART SUMMERS 06/24/2021 0.00 51.96175661 UB*02209 TRISHA ELAINE SWIFT 06/24/2021 0.00 19.81175662 USMINE U S MINERALS INC 06/24/2021 0.00 384.00175663 Page 1AP Checks by Date - Summary by Check Number (7/2/2021 8:32 AM) Check No Check DateVendor NameVendor No Void Checks Check Amount UB*02211 WATERMARK TITLE AGENCY 06/24/2021 0.00 25.95175664 WriHom Wright At Home Services, Inc.06/24/2021 0.00 213.24175665 YakEle Elena Yakimova 06/24/2021 0.00 500.00175666 POST POSTMASTER 06/30/2021 0.00 635.26175667 ACHEA AC & HEATING BY GEORGE 07/01/2021 0.00 475.00175668 AMETIR AMERICAN TIRE DISTRIBUTORS INC 07/01/2021 0.00 489.58175669 AppCon Appliance Connections, Inc.07/01/2021 0.00 35.94175670 ArkExt Arko Exteriors 07/01/2021 0.00 250.00175671 ASPMIL ASPEN MILLS 07/01/2021 0.00 560.21175672 AWWA AWWA 07/01/2021 0.00 405.00175673 BorAnd Andrew Borash 07/01/2021 0.00 32.11175674 CEMPRO CEMSTONE PRODUCTS CO 07/01/2021 0.00 331.00175675 EmbMinn CENTURYLINK 07/01/2021 0.00 713.13175676 CLACCO CLASS C COMPONENTS INC 07/01/2021 0.00 46.68175677 CORMAI CORE & MAIN LP 07/01/2021 0.00 1,576.72175678 CzeMit Mitchell Czech 07/01/2021 0.00 400.00175679 DAKSUP DAKOTA SUPPLY GROUP 07/01/2021 0.00 1,982.56175680 DELTOO DELEGARD TOOL COMPANY 07/01/2021 0.00 162.04175681 DulSal Dultmeier Sales LLC 07/01/2021 0.00 94.02175682 ENVSOL ENVISIO SOLUTIONS INC 07/01/2021 0.00 25,000.00175683 FACMOT FACTORY MOTOR PARTS COMPANY 07/01/2021 0.00 471.54175684 ferwat Ferguson Waterworks #2518 07/01/2021 0.00 12,851.09175685 FirCho First Choice Exteriors 07/01/2021 0.00 259.68175686 FlePri FleetPride, Inc.07/01/2021 0.00 480.00175687 GRABAR GRAYBAR 07/01/2021 0.00 514.80175688 HanKie Kiersten Hansen 07/01/2021 0.00 500.00175689 HERLAN HERMAN'S LANDSCAPE SUPPLIES INC 07/01/2021 0.00 192.00175690 HomSep Homestead Septic 07/01/2021 0.00 9,175.00175691 HopSpo Hopkins Sports Camps LLC 07/01/2021 0.00 523.00175692 Horwit Horwitz, Inc 07/01/2021 0.00 1,153.80175693 IndSig Indigo Signs 07/01/2021 0.00 495.43175694 Loc49 IUOE Local #49 07/01/2021 0.00 595.00175695 JMSCUS JMS CUSTOM HOMES LLC 07/01/2021 0.00 500.00175696 K2Ele K2 Electrical Services Inc 07/01/2021 0.00 859.00175697 KRABRO KRAUS BROS LANDSCAPING & REMODELING LLC07/01/2021 0.00 250.00175698 LANEQ1 Lano Equipment 07/01/2021 0.00 1,200.00175699 LurAda Adam Lurie 07/01/2021 0.00 500.00175700 METHOM Metropolitan Homes LLC 07/01/2021 0.00 250.00175701 MidMete Mid America Meter Inc 07/01/2021 0.00 255.00175702 MILWIN Milbank Winwater Works 07/01/2021 0.00 466.59175703 MINFIR CERTIFICATION BOARD MINNESOTA FIRE SERVICE07/01/2021 0.00 290.00175704 MINPET MINNESOTA PETROLEUM SERVICE INC07/01/2021 0.00 274.82175705 MNSaf Minnesota Safety Council 07/01/2021 0.00 198.00175706 NCPERS MN NCPERS LIFE INSURANCE 07/01/2021 0.00 112.00175707 MTIDIS MTI DISTRIBUTING INC 07/01/2021 0.00 1,080.98175708 MutcMarc Marc S. Mutchler 07/01/2021 0.00 500.00175709 OBERLAWR Lawrence Ober 07/01/2021 0.00 750.00175710 OffSec Office of the Secretary of State 07/01/2021 0.00 120.00175711 PINCONS PINK CONSTRUCTION 07/01/2021 0.00 250.00175712 PRELAW PREMIERE LAWN & SNOW 07/01/2021 0.00 1,000.00175713 RamVal Valya Ramakrishnan 07/01/2021 0.00 250.00175714 RibUnl Ribbons Unlimited 07/01/2021 0.00 15.94175715 RMBENV RMB Environmental Laboratories Inc 07/01/2021 0.00 104.00175716 SIRLIN SIR LINES-A-LOT 07/01/2021 0.00 15,626.52175717 SOULOC SOUTHWEST LOCK & KEY 07/01/2021 0.00 179.00175718 STPSTA ST PAUL STAMP WORKS 07/01/2021 0.00 36.75175719 pritan Priya Tandon 07/01/2021 0.00 275.00175720 Page 2AP Checks by Date - Summary by Check Number (7/2/2021 8:32 AM) Check No Check DateVendor NameVendor No Void Checks Check Amount TFOFIN TFORCE FINAL MILE 07/01/2021 0.00 71.12175721 TheHart The Hartford 07/01/2021 0.00 1,301.85175722 THEMED THE MEDICINE SHOW 07/01/2021 0.00 650.00175723 ThoMatt Matt & Julie Thompson 07/01/2021 0.00 250.00175724 TimMus Time Music Agency, Inc.07/01/2021 0.00 6,250.00175725 SMHEN SM HENTGES & SONS 07/01/2021 0.00 476,665.61175726 Report Total (110 checks): 896,791.17 0.00 Page 3AP Checks by Date - Summary by Check Number (7/2/2021 8:32 AM) Accounts Payable Checks by Date - Summary by Check User:dwashburn Printed: 7/2/2021 8:34 AM Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH AlHiJuli Juli Al-Hilwani 06/24/2021 0.00 75.00 ACH Avesis Fidelity Security Life 06/24/2021 0.00 258.68 ACH BOLMEN BOLTON & MENK INC 06/24/2021 0.00 288.00 ACH carcou Carver County 06/24/2021 0.00 950,472.50 ACH CCPNIM CCP NI MASTER TENANT 4 LLC 06/24/2021 0.00 6,361.20 ACH DelDen Delta Dental 06/24/2021 0.00 2,805.80 ACH FASCOM FASTENAL COMPANY 06/24/2021 0.00 105.00 ACH HAWCHE HAWKINS CHEMICAL 06/24/2021 0.00 5,026.63 ACH HOOPTHRE Hoops & Threads LLC 06/24/2021 0.00 27.00 ACH InnOff Innovative Office Solutions LLC 06/24/2021 0.00 271.88 ACH LANZBOB BOB LANZI 06/24/2021 0.00 510.00 ACH METCO Metropolitan Council, Env Svcs 06/24/2021 0.00 12,300.75 ACH MinEqu Minnesota Equipment 06/24/2021 0.00 406.62 ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 06/24/2021 0.00 5,962.53 ACH MOSBAR MOSS & BARNETT 06/24/2021 0.00 11,181.50 ACH MVEC MN VALLEY ELECTRIC COOP 06/24/2021 0.00 302.47 ACH PedrChri Christine Lea Pedretti 06/24/2021 0.00 591.50 ACH PotMN Potentia MN Solar 06/24/2021 0.00 8,200.98 ACH PRARES PRAIRIE RESTORATIONS INC 06/24/2021 0.00 1,500.00 ACH SPRPCS SPRINT PCS 06/24/2021 0.00 103.44 ACH USABLU USA BLUE BOOK 06/24/2021 0.00 261.52 ACH WATSON WATSON COMPANY 06/24/2021 0.00 350.35 ACH XCEL XCEL ENERGY INC 06/24/2021 0.00 12,212.10 ACH aflac American Family Life Assurance Company of Columbus 07/01/2021 0.00 39.78 ACH AMEENG AMERICAN ENGINEERING TESTING 07/01/2021 0.00 6,730.45 ACH BOLMEN BOLTON & MENK INC 07/01/2021 0.00 6,000.00 ACH BOYTRU Boyer Ford Trucks 07/01/2021 0.00 111.29 ACH carcou Carver County 07/01/2021 0.00 60.48 ACH ColLif Colonial Life & Accident Insurance Co 07/01/2021 0.00 99.16 ACH ESSBRO ESS BROTHERS & SONS INC 07/01/2021 0.00 303.96 ACH FASCOM FASTENAL COMPANY 07/01/2021 0.00 221.83 ACH HOOPTHRE Hoops & Threads LLC 07/01/2021 0.00 312.00 ACH InnOff Innovative Office Solutions LLC 07/01/2021 0.00 425.00 ACH KIMHOR KIMLEY HORN AND ASSOCIATES INC 07/01/2021 0.00 7,992.00 ACH MacEme Macqueen Emergency Group 07/01/2021 0.00 175.54 ACH MINGER MINGER CONSTRUCTION 07/01/2021 0.00 7,750.00 ACH MVEC MN VALLEY ELECTRIC COOP 07/01/2021 0.00 133.76 ACH NAPA NAPA AUTO & TRUCK PARTS 07/01/2021 0.00 148.67 ACH PREMRM PRECISE MRM LLC 07/01/2021 0.00 201.54 ACH PUMMET PUMP AND METER SERVICE INC 07/01/2021 0.00 25.73 ACH QUAFLO Quality Flow Systems Inc 07/01/2021 0.00 240.00 ACH SunLif Sun Life Financial 07/01/2021 0.00 1,570.74 ACH TBEI TBEI, Inc 07/01/2021 0.00 663.58 ACH thekno Knox Company 07/01/2021 0.00 913.00 ACH USABLU USA BLUE BOOK 07/01/2021 0.00 128.14 ACH WATSON WATSON COMPANY 07/01/2021 0.00 340.10 Page 1 of 2 Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH WMMUE WM MUELLER & SONS INC 07/01/2021 0.00 2,724.49 ACH WSB WSB & ASSOCIATES INC 07/01/2021 0.00 2,887.50 ACH XCEL XCEL ENERGY INC 07/01/2021 0.00 29,019.71 Report Total: 0.00 1,088,793.90 Page 2 of 2 Accounts Payable Check Detail-Checks User: dwashburn Printed: 07/02/2021 - 8:39 AM Name Check Da Account Description Amount @TITLE LLC 06/24/2021 700-0000-2020 Refund Check 8.45 @TITLE LLC 06/24/2021 701-0000-2020 Refund Check 14.59 @TITLE LLC 06/24/2021 720-0000-2020 Refund Check 12.20 @TITLE LLC 06/24/2021 700-0000-2020 Refund Check 1.74 @TITLE LLC 36.98 AC & HEATING BY GEORGE 07/01/2021 700-0000-4510 CO2 Cleaner 225.00 AC & HEATING BY GEORGE 07/01/2021 701-0000-4510 Service Call 250.00 AC & HEATING BY GEORGE 475.00 AMERICAN TIRE DISTRIBUTORS INC 07/01/2021 101-1550-4120 Tires 164.66 AMERICAN TIRE DISTRIBUTORS INC 07/01/2021 101-1520-4140 Tire 324.92 AMERICAN TIRE DISTRIBUTORS INC 489.58 Appliance Connections, Inc.07/01/2021 101-1250-3306 Duplicate Payment - Permit # P2021-03467 34.50 Appliance Connections, Inc.07/01/2021 101-0000-2022 Duplicate Payment - Permit # P2021-03467 0.60 Appliance Connections, Inc.07/01/2021 400-0000-3613 Duplicate Payment - Permit # P2021-03467 0.84 Appliance Connections, Inc. 35.94 Arko Exteriors 07/01/2021 101-0000-2073 Permit 2021-02160 - 6800 Diamond Court 250.00 Arko Exteriors 250.00 ASPEN MILLS 07/01/2021 101-1220-4240 Badge 560.21 ASPEN MILLS 560.21 AWWA 07/01/2021 700-0000-4370 Conference - Kevin Zittel 405.00 AWWA 405.00 BCA 06/24/2021 101-1120-4300 Criminal Background Investigation 60.00 BCA 60.00 BENSON ROGER 06/24/2021 720-7204-4901 Waterwise Rebate 100.00 BENSON ROGER 100.00 BLANCHETTE JENNIFER 06/24/2021 700-0000-2020 Refund Check 36.16 BLANCHETTE JENNIFER 06/24/2021 701-0000-2020 Refund Check 64.07 BLANCHETTE JENNIFER 06/24/2021 720-0000-2020 Refund Check 14.00 BLANCHETTE JENNIFER 06/24/2021 700-0000-2020 Refund Check 2.00 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 1 of 10 Name Check Da Account Description Amount BLANCHETTE JENNIFER 116.23 Borash Andrew 07/01/2021 101-1550-4120 Mailbox Replacement 32.11 Borash Andrew 32.11 Burdick Dean 06/24/2021 701-0000-4551 Services 200.00 Burdick Dean 200.00 BURNET TITLE 06/24/2021 700-0000-2020 Refund Check 2.44 BURNET TITLE 06/24/2021 701-0000-2020 Refund Check 1.04 BURNET TITLE 06/24/2021 720-0000-2020 Refund Check 3.46 BURNET TITLE 06/24/2021 700-0000-2020 Refund Check 0.49 BURNET TITLE 7.43 CARROLL KATHERINE 06/24/2021 700-0000-2020 Refund Check 13.54 CARROLL KATHERINE 06/24/2021 701-0000-2020 Refund Check 35.54 CARROLL KATHERINE 06/24/2021 720-0000-2020 Refund Check 2.30 CARROLL KATHERINE 06/24/2021 700-0000-2020 Refund Check 1.77 CARROLL KATHERINE 53.15 CEMSTONE PRODUCTS CO 07/01/2021 720-7207-4570 Materials 331.00 CEMSTONE PRODUCTS CO 331.00 CENTERPOINT ENERGY MINNEGASCO 06/24/2021 101-1370-4320 Monthly Service 142.83 CENTERPOINT ENERGY MINNEGASCO 06/24/2021 700-0000-4320 Monthly Service 17.86 CENTERPOINT ENERGY MINNEGASCO 06/24/2021 701-0000-4320 Monthly Service 17.86 CENTERPOINT ENERGY MINNEGASCO 06/24/2021 605-6502-4300 Monthly Service 14.50 CENTERPOINT ENERGY MINNEGASCO 06/24/2021 101-1220-4320 Monthly Service 175.12 CENTERPOINT ENERGY MINNEGASCO 06/24/2021 101-1530-4320 Monthly Service 40.58 CENTERPOINT ENERGY MINNEGASCO 06/24/2021 101-1171-4320 Monthly Service 22.06 CENTERPOINT ENERGY MINNEGASCO 430.81 CenturyLink 06/24/2021 700-7043-4310 Monthly Service 60.86 CENTURYLINK 07/01/2021 101-1540-4310 Monthly Service 95.40 CENTURYLINK 07/01/2021 101-1190-4310 Monthly Service 127.20 CENTURYLINK 07/01/2021 700-0000-4310 Monthly Service 15.13 CENTURYLINK 07/01/2021 700-7019-4310 Monthly Service 210.27 CENTURYLINK 07/01/2021 701-0000-4310 Monthly Service 15.13 CENTURYLINK 07/01/2021 101-1160-4320 Monthly Service 250.00 CENTURYLINK 773.99 CLASS C COMPONENTS INC 07/01/2021 101-1320-4240 Safety Equipment 46.68 CLASS C COMPONENTS INC 46.68 CORE & MAIN LP 07/01/2021 601-6047-4550 Supplies 1,576.72 CORE & MAIN LP 1,576.72 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 2 of 10 Name Check Da Account Description Amount Czech Mitchell 07/01/2021 101-0000-1027 Concession Stand - Petty Cash 400.00 Czech Mitchell 400.00 DAKOTA SUPPLY GROUP 07/01/2021 601-6043-4551 Materials 1,982.56 DAKOTA SUPPLY GROUP 1,982.56 DELEGARD TOOL COMPANY 07/01/2021 101-1550-4120 Supplies 86.31 DELEGARD TOOL COMPANY 07/01/2021 101-1550-4120 Supplies 5.79 DELEGARD TOOL COMPANY 07/01/2021 101-1550-4120 Supplies 69.94 DELEGARD TOOL COMPANY 162.04 Dirty Shorts Brass Band 06/24/2021 101-1620-4300 Concert Series Performance 300.00 Dirty Shorts Brass Band 300.00 Donnay Homes 06/24/2021 101-0000-2072 7555 Fawn Hill Road 2,500.00 Donnay Homes 2,500.00 Dultmeier Sales LLC 06/24/2021 101-1550-4120 Supplies 95.30 Dultmeier Sales LLC 07/01/2021 101-1550-4120 Supplies 94.02 Dultmeier Sales LLC 189.32 EKHOLM PAUL 06/24/2021 101-1370-4170 Fuel 20.02 EKHOLM PAUL 06/24/2021 101-1170-4110 Supplies 5.79 EKHOLM PAUL 25.81 ENVISIO SOLUTIONS INC 07/01/2021 210-0000-4707 Envisio Software- 3 year subscription 25,000.00 ENVISIO SOLUTIONS INC 25,000.00 Escape Fire Protection LLC 06/24/2021 101-0000-2033 Overpayment 75.02 Escape Fire Protection LLC 75.02 EXECUTIVE TITLE SERVICES 06/24/2021 700-0000-2020 Refund Check 17.56 EXECUTIVE TITLE SERVICES 06/24/2021 701-0000-2020 Refund Check 35.72 EXECUTIVE TITLE SERVICES 06/24/2021 720-0000-2020 Refund Check 1.12 EXECUTIVE TITLE SERVICES 06/24/2021 700-0000-2020 Refund Check 0.93 EXECUTIVE TITLE SERVICES 55.33 FACTORY MOTOR PARTS COMPANY 07/01/2021 101-1220-4120 Supplies 96.39 FACTORY MOTOR PARTS COMPANY 07/01/2021 101-1220-4140 Supplies 250.10 FACTORY MOTOR PARTS COMPANY 07/01/2021 101-1550-4120 Supplies 125.05 FACTORY MOTOR PARTS COMPANY 471.54 Ferguson Waterworks #2518 07/01/2021 700-0000-4250 Meters 9,774.52 Ferguson Waterworks #2518 07/01/2021 700-0000-4550 Materials 1,627.11 Ferguson Waterworks #2518 07/01/2021 700-0000-4510 Meter parts 592.26 Ferguson Waterworks #2518 07/01/2021 700-0000-4550 Supplies 857.20 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 3 of 10 Name Check Da Account Description Amount Ferguson Waterworks #2518 12,851.09 FINGER KEVIN/TERESA 06/24/2021 700-0000-2020 Refund Check 27.97 FINGER KEVIN/TERESA 06/24/2021 701-0000-2020 Refund Check 46.20 FINGER KEVIN/TERESA 06/24/2021 720-0000-2020 Refund Check 11.80 FINGER KEVIN/TERESA 06/24/2021 700-0000-2020 Refund Check 1.68 FINGER KEVIN/TERESA 87.65 First Choice Exteriors 07/01/2021 101-1250-3301 Permit Refund - P2021-03684 243.53 First Choice Exteriors 07/01/2021 101-0000-2022 Permit Refund - P2021-03684 6.73 First Choice Exteriors 07/01/2021 400-0000-3613 Permit Refund - P2021-03684 9.42 First Choice Exteriors 259.68 FleetPride, Inc.07/01/2021 101-1320-4140 Supplies 480.00 FleetPride, Inc. 480.00 GRAYBAR 07/01/2021 701-0000-4553 Supplies 514.80 GRAYBAR 514.80 GREAT LAKES COCA-COLA DISTRIBUTION LLC 06/24/2021 101-1540-4130 Supplies 389.51 GREAT LAKES COCA-COLA DISTRIBUTION LLC 389.51 Hansen Kiersten 07/01/2021 101-0000-2073 7490 Tulip Ct - Permit 2021-00633 500.00 Hansen Kiersten 500.00 Hartman Companies 06/24/2021 720-7202-4300 2021 Blvd Tree Plantings 8,547.00 Hartman Companies 8,547.00 HATZUNG NATHAN & COLLEEN 06/24/2021 700-0000-2020 Refund Check 140.51 HATZUNG NATHAN & COLLEEN 06/24/2021 701-0000-2020 Refund Check 88.01 HATZUNG NATHAN & COLLEEN 06/24/2021 720-0000-2020 Refund Check 5.17 HATZUNG NATHAN & COLLEEN 06/24/2021 700-0000-2020 Refund Check 0.74 HATZUNG NATHAN & COLLEEN 234.43 HealthPartners, Inc.06/24/2021 101-0000-2012 July Insurance 31,625.91 HealthPartners, Inc.06/24/2021 210-0000-2012 July Insurance 395.53 HealthPartners, Inc.06/24/2021 700-0000-2012 July Insurance 3,955.28 HealthPartners, Inc.06/24/2021 701-0000-2012 July Insurance 3,955.28 HealthPartners, Inc.06/24/2021 720-0000-2012 July Insurance 2,151.66 HealthPartners, Inc.06/24/2021 101-0000-2012 July Insurance 18,168.27 HealthPartners, Inc.06/24/2021 101-0000-2012 July Insurance 633.04 HealthPartners, Inc.06/24/2021 210-0000-2012 July Insurance 633.04 HealthPartners, Inc.06/24/2021 700-0000-2012 July Insurance 2,848.67 HealthPartners, Inc.06/24/2021 701-0000-2012 July Insurance 1,582.59 HealthPartners, Inc.06/24/2021 720-0000-2012 July Insurance 1,455.99 HealthPartners, Inc. 67,405.26 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 4 of 10 Name Check Da Account Description Amount Healy Steve 06/24/2021 101-1766-4300 Softball Umpire 51.00 Healy Steve 51.00 HERMAN'S LANDSCAPE SUPPLIES INC 07/01/2021 720-7207-4150 Materials 192.00 HERMAN'S LANDSCAPE SUPPLIES INC 192.00 HOFF CHARLES & KRISANA 06/24/2021 700-0000-2020 Refund Check 52.40 HOFF CHARLES & KRISANA 06/24/2021 701-0000-2020 Refund Check 93.22 HOFF CHARLES & KRISANA 06/24/2021 720-0000-2020 Refund Check 21.62 HOFF CHARLES & KRISANA 06/24/2021 700-0000-2020 Refund Check 3.09 HOFF CHARLES & KRISANA 170.33 Homestead Septic 07/01/2021 605-6502-4751 Professional Services 9,175.00 Homestead Septic 9,175.00 Hopkins Sports Camps LLC 07/01/2021 101-1700-4300 Tennis Camp 523.00 Hopkins Sports Camps LLC 523.00 Horwitz, Inc 06/24/2021 101-1190-4510 Repairs 346.25 Horwitz, Inc 07/01/2021 101-1170-4510 Service Work 1,153.80 Horwitz, Inc 1,500.05 HUANG YANFEI 06/24/2021 700-0000-2020 Refund Check 25.84 HUANG YANFEI 06/24/2021 701-0000-2020 Refund Check 41.99 HUANG YANFEI 06/24/2021 720-0000-2020 Refund Check 2.26 HUANG YANFEI 06/24/2021 700-0000-2020 Refund Check 3.78 HUANG YANFEI 73.87 Indigo Signs 06/24/2021 101-1170-4110 Name Plates 164.00 Indigo Signs 06/24/2021 101-1220-4120 Graphics for helmets 187.00 Indigo Signs 07/01/2021 700-0000-4520 Reflective Hazard for City vehicles 495.43 Indigo Signs 846.43 International Code Council Inc 06/24/2021 101-1250-4360 Membership 145.00 International Code Council Inc 145.00 IUOE Local #49 07/01/2021 101-0000-2004 PR Batch 00401.07.2021 Local 49 dues 378.00 IUOE Local #49 07/01/2021 700-0000-2004 PR Batch 00401.07.2021 Local 49 dues 167.25 IUOE Local #49 07/01/2021 701-0000-2004 PR Batch 00401.07.2021 Local 49 dues 49.75 IUOE Local #49 595.00 JMS CUSTOM HOMES LLC 07/01/2021 101-0000-2075 Permit 2012-01645 - 2851 Washta Bay Rd 500.00 JMS Custom Homes LLC 06/24/2021 101-0000-2075 Permit 2019-01743 - 2230 Bentz Court 750.00 JMS Custom Homes LLC 06/24/2021 101-0000-2075 Permit 2019-00703 - 2240 Bentz Court 750.00 JMS Custom Homes LLC 2,000.00 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 5 of 10 Name Check Da Account Description Amount K2 Electrical Services Inc 07/01/2021 101-1550-4300 Professional Services 709.00 K2 Electrical Services Inc 07/01/2021 101-1550-4300 Professional Services 150.00 K2 Electrical Services Inc 859.00 KENNEDY & GRAVEN, CHARTERED 06/24/2021 101-1140-4302 Legal Services 612.75 KENNEDY & GRAVEN, CHARTERED 612.75 KNIGHT BARRY TITLE UNITED LLC 06/24/2021 700-0000-2020 Refund Check 7.45 KNIGHT BARRY TITLE UNITED LLC 06/24/2021 701-0000-2020 Refund Check 10.54 KNIGHT BARRY TITLE UNITED LLC 06/24/2021 720-0000-2020 Refund Check 1.25 KNIGHT BARRY TITLE UNITED LLC 06/24/2021 700-0000-2020 Refund Check 0.69 KNIGHT BARRY TITLE UNITED LLC 19.93 KRAUS BROS LANDSCAPING & REMODELING LLC07/01/2021 101-0000-2073 Permit 2020-02405 - 1525 Hemlock Way 250.00 KRAUS BROS LANDSCAPING & REMODELING LLC 250.00 Lakewind Foods 06/24/2021 101-1420-3390 Event Permit Refund 100.00 Lakewind Foods 100.00 Lametti & Sons Inc 06/24/2021 601-6043-4751 Minnewashta Parkway Rehab 223,526.67 Lametti & Sons Inc 223,526.67 LAND TITLE 06/24/2021 700-0000-2020 Refund Check 2.83 LAND TITLE 06/24/2021 701-0000-2020 Refund Check 2.49 LAND TITLE 06/24/2021 720-0000-2020 Refund Check 3.86 LAND TITLE 06/24/2021 700-0000-2020 Refund Check 0.55 LAND TITLE 9.73 Lano Equipment 07/01/2021 700-0000-4410 Rental Equipment 1,200.00 Lano Equipment 1,200.00 LAROCHE BRIAN & CHERYL 06/24/2021 700-0000-2020 Refund Check 66.20 LAROCHE BRIAN & CHERYL 06/24/2021 701-0000-2020 Refund Check 124.66 LAROCHE BRIAN & CHERYL 06/24/2021 720-0000-2020 Refund Check 31.75 LAROCHE BRIAN & CHERYL 06/24/2021 700-0000-2020 Refund Check 4.53 LAROCHE BRIAN & CHERYL 227.14 LEAGUE OF MINNESOTA CITIES 06/24/2021 101-1120-4370 Training 520.00 LEAGUE OF MINNESOTA CITIES 520.00 Lurie Adam 07/01/2021 101-0000-2073 Permit #2021-01757 - 7555 Fawn Hill Road 500.00 Lurie Adam 500.00 Metropolitan Homes LLC 07/01/2021 101-0000-2073 Permit 2021-01630 - 10053 Trails End Road 250.00 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 6 of 10 Name Check Da Account Description Amount Metropolitan Homes LLC 250.00 Mid America Meter Inc 07/01/2021 700-0000-4550 Materials 255.00 Mid America Meter Inc 255.00 Milbank Winwater Works 07/01/2021 700-0000-4550 Materials 466.59 Milbank Winwater Works 466.59 MINNESOTA FIRE SERVICE CERTIFICATION BOARD07/01/2021 101-1220-4300 Certification Exam 290.00 MINNESOTA FIRE SERVICE CERTIFICATION BOARD 290.00 MINNESOTA PETROLEUM SERVICE INC 07/01/2021 101-1370-4510 Materials 274.82 MINNESOTA PETROLEUM SERVICE INC 274.82 Minnesota Roadways Co 06/24/2021 420-0000-4150 Materials 221.99 Minnesota Roadways Co 221.99 Minnesota Safety Council 07/01/2021 101-1560-4300 Class 198.00 Minnesota Safety Council 198.00 MN DEPT OF TRANSPORTATION 06/24/2021 601-6043-4752 Minnewashta Parkway 1,096.81 MN DEPT OF TRANSPORTATION 1,096.81 MN NCPERS LIFE INSURANCE 07/01/2021 101-0000-2011 PR Batch 00401.07.2021 NCPERS-Life Insurance 78.41 MN NCPERS LIFE INSURANCE 07/01/2021 210-0000-2011 PR Batch 00401.07.2021 NCPERS-Life Insurance 3.97 MN NCPERS LIFE INSURANCE 07/01/2021 700-0000-2011 PR Batch 00401.07.2021 NCPERS-Life Insurance 13.60 MN NCPERS LIFE INSURANCE 07/01/2021 701-0000-2011 PR Batch 00401.07.2021 NCPERS-Life Insurance 13.61 MN NCPERS LIFE INSURANCE 07/01/2021 720-0000-2011 PR Batch 00401.07.2021 NCPERS-Life Insurance 2.41 MN NCPERS LIFE INSURANCE 112.00 Mount Olive Rolling Acres 06/24/2021 720-7204-4901 Waterwise Rebate 50.00 Mount Olive Rolling Acres 50.00 MTI DISTRIBUTING INC 06/24/2021 101-1550-4120 Supplies 4,096.00 MTI DISTRIBUTING INC 07/01/2021 101-1550-4120 Supplies 260.46 MTI DISTRIBUTING INC 07/01/2021 101-1550-4120 Supplies 44.35 MTI DISTRIBUTING INC 07/01/2021 101-1550-4120 Supplies 555.76 MTI DISTRIBUTING INC 07/01/2021 101-1550-4120 Supplies 220.41 MTI DISTRIBUTING INC 5,176.98 Muggli Julie & Mike 06/24/2021 720-7204-4901 Waterwise Rebate 100.00 Muggli Julie & Mike 100.00 Mutchler Marc S.07/01/2021 101-1613-4300 July 4th Performance 500.00 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 7 of 10 Name Check Da Account Description Amount Mutchler Marc S. 500.00 NOVEL SOLAR THREE, LLC 06/24/2021 101-1350-4320 Utilities 145.71 NOVEL SOLAR THREE, LLC 06/24/2021 700-0000-4320 Utilities 5,903.87 NOVEL SOLAR THREE, LLC 06/24/2021 701-0000-4320 Utilities 3,133.94 NOVEL SOLAR THREE, LLC 9,183.52 Ober Lawrence 07/01/2021 101-1613-4300 Stone Daisy Performance 750.00 Ober Lawrence 750.00 Office of the Secretary of State 07/01/2021 101-1320-4360 Notary - Alison Albrecht 40.00 Office of the Secretary of State 07/01/2021 700-0000-4360 Notary - Alison Albrecht 40.00 Office of the Secretary of State 07/01/2021 701-0000-4360 Notary - Alison Albrecht 40.00 Office of the Secretary of State 120.00 PINK CONSTRUCTION 07/01/2021 101-0000-2073 Permit 2021-02246 - 1620 West Farm Road 250.00 PINK CONSTRUCTION 250.00 POSTMASTER 06/30/2021 700-0000-4330 Utility Statements 317.63 POSTMASTER 06/30/2021 701-0000-4330 Utility Statements 317.63 POSTMASTER 635.26 PREMIERE LAWN & SNOW 07/01/2021 101-0000-2073 Erosion Control - 192 Lakeview Road E 1,000.00 PREMIERE LAWN & SNOW 1,000.00 RAINBOW TREE COMPANY 06/24/2021 720-7202-4300 Tree Service - City Hall 135.00 RAINBOW TREE COMPANY 135.00 Ramakrishnan Valya 07/01/2021 101-0000-2073 Permit 2021-01244 - 30 Fox Hollow Dr 250.00 Ramakrishnan Valya 250.00 REALTECH TITLE LLC 06/24/2021 700-0000-2020 Refund Check 53.20 REALTECH TITLE LLC 06/24/2021 701-0000-2020 Refund Check 57.46 REALTECH TITLE LLC 06/24/2021 720-0000-2020 Refund Check 13.97 REALTECH TITLE LLC 06/24/2021 700-0000-2020 Refund Check 1.98 REALTECH TITLE LLC 126.61 Ribbons Unlimited 07/01/2021 101-1540-4130 Operating Keys 15.94 Ribbons Unlimited 15.94 RMB Environmental Laboratories Inc 07/01/2021 720-0000-4300 Beach Monitoring 104.00 RMB Environmental Laboratories Inc 104.00 SIR LINES-A-LOT 07/01/2021 420-0000-4751 Maintenance Striping 15,626.52 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 8 of 10 Name Check Da Account Description Amount SIR LINES-A-LOT 15,626.52 SM HENTGES & SONS 07/01/2021 605-6503-4751 CSAH 101-Pioneer to Flying Cloud Drive 120,882.60 SM HENTGES & SONS 07/01/2021 605-6502-4751 CSAH 101-Pioneer to Flying Cloud Drive 355,783.01 SM HENTGES & SONS 476,665.61 SOLHEID KELLEY 06/24/2021 700-0000-2020 Refund Check 10.87 SOLHEID KELLEY 06/24/2021 701-0000-2020 Refund Check 29.93 SOLHEID KELLEY 06/24/2021 720-0000-2020 Refund Check 7.72 SOLHEID KELLEY 06/24/2021 700-0000-2020 Refund Check 1.10 SOLHEID KELLEY 49.62 SOUTHWEST LOCK & KEY 07/01/2021 700-0000-4510 Service Work 179.00 SOUTHWEST LOCK & KEY 179.00 Southwest Suburban Publishing 06/24/2021 101-1110-4340 Notices 900.65 Southwest Suburban Publishing 06/24/2021 101-1600-4340 Notices 268.80 Southwest Suburban Publishing 1,169.45 ST PAUL STAMP WORKS 07/01/2021 101-1170-4110 Approved Stamp 36.75 ST PAUL STAMP WORKS 36.75 SUMMERS STUART 06/24/2021 700-0000-2020 Refund Check 17.72 SUMMERS STUART 06/24/2021 701-0000-2020 Refund Check 26.12 SUMMERS STUART 06/24/2021 720-0000-2020 Refund Check 6.36 SUMMERS STUART 06/24/2021 700-0000-2020 Refund Check 1.76 SUMMERS STUART 51.96 SWIFT TRISHA ELAINE 06/24/2021 720-0000-2020 Refund Check 19.81 SWIFT TRISHA ELAINE 19.81 Tandon Priya 07/01/2021 101-0000-1027 Petty Cash - Kiddie Games 275.00 Tandon Priya 275.00 TFORCE FINAL MILE 07/01/2021 101-1410-4300 Delivery Service 71.12 TFORCE FINAL MILE 71.12 The Hartford 07/01/2021 101-1120-4045 July LTD 72.78 The Hartford 07/01/2021 101-1130-4045 July LTD 58.67 The Hartford 07/01/2021 101-1160-4045 July LTD 34.45 The Hartford 07/01/2021 101-1250-4045 July LTD 134.47 The Hartford 07/01/2021 101-1310-4045 July LTD 92.19 The Hartford 07/01/2021 101-1320-4045 July LTD 165.09 The Hartford 07/01/2021 101-1370-4045 July LTD 56.27 The Hartford 07/01/2021 101-1520-4045 July LTD 41.61 The Hartford 07/01/2021 101-1530-4045 July LTD 17.69 The Hartford 07/01/2021 101-1560-4045 July LTD 14.76 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 9 of 10 Name Check Da Account Description Amount The Hartford 07/01/2021 101-1600-4045 July LTD 23.52 The Hartford 07/01/2021 101-1700-4045 July LTD 2.61 The Hartford 07/01/2021 101-1550-4045 July LTD 126.21 The Hartford 07/01/2021 101-1420-4045 July LTD 98.20 The Hartford 07/01/2021 101-1430-4045 July LTD 5.88 The Hartford 07/01/2021 210-0000-4045 July LTD 5.49 The Hartford 07/01/2021 720-7201-4045 July LTD 6.94 The Hartford 07/01/2021 720-7202-4045 July LTD 6.94 The Hartford 07/01/2021 101-1170-4045 July LTD 16.25 The Hartford 07/01/2021 101-1220-4045 July LTD 65.23 The Hartford 07/01/2021 701-0000-4045 July LTD 86.38 The Hartford 07/01/2021 700-0000-4045 July LTD 119.16 The Hartford 07/01/2021 720-0000-4045 July LTD 51.06 The Hartford 1,301.85 THE MEDICINE SHOW 07/01/2021 101-1613-4300 July 3rd performance 650.00 THE MEDICINE SHOW 650.00 Thompson Matt & Julie 07/01/2021 101-0000-2073 Permit #2020-03548 - 8001 Acorn Lane 250.00 Thompson Matt & Julie 250.00 Time Music Agency, Inc.07/01/2021 101-1613-4300 July 3rd Performance 6,250.00 Time Music Agency, Inc. 6,250.00 U S MINERALS INC 06/24/2021 700-0000-4550 Materials 384.00 U S MINERALS INC 384.00 WATERMARK TITLE AGENCY 06/24/2021 700-0000-2020 Refund Check 5.50 WATERMARK TITLE AGENCY 06/24/2021 701-0000-2020 Refund Check 13.71 WATERMARK TITLE AGENCY 06/24/2021 720-0000-2020 Refund Check 5.90 WATERMARK TITLE AGENCY 06/24/2021 700-0000-2020 Refund Check 0.84 WATERMARK TITLE AGENCY 25.95 Wright At Home Services, Inc.06/24/2021 101-1250-3301 Permit Refund 213.24 Wright At Home Services, Inc. 213.24 Yakimova Elena 06/24/2021 101-0000-2075 Landscape - 6657 Deerwood Drive 500.00 Yakimova Elena 500.00 896,791.17 Accounts Payable - Check Detail-Checks (07/02/2021 - 8:39 AM)Page 10 of 10 Accounts Payable Check Detail-ACH User: dwashburn Printed: 07/02/2021 - 8:39 AM Name Check Dat Account Description Amount Al-Hilwani Juli 06/24/2021 101-1539-4300 Pickleball Lessons 75.00 Al-Hilwani Juli 75.00 AMERICAN ENGINEERING TESTING 07/01/2021 605-6502-4300 CSAH 101 Project 6,730.45 AMERICAN ENGINEERING TESTING 6,730.45 American Family Life Assurance Company of Columbus 07/01/2021 101-0000-2008 June coverage 39.78 American Family Life Assurance Company of Columbus 39.78 BOLTON & MENK INC 06/24/2021 101-1310-4300 Chanhassen/Bluff Creek Extension 288.00 BOLTON & MENK INC 07/01/2021 601-6048-4300 Professional Services 6,000.00 BOLTON & MENK INC 6,288.00 Boyer Ford Trucks 07/01/2021 101-1550-4140 Supplies 111.29 Boyer Ford Trucks 111.29 Carver County 06/24/2021 700-7043-4320 Carver Fiber 500.00 Carver County 06/24/2021 101-1160-4320 CarverLink Internet 575.00 Carver County 06/24/2021 101-1210-4300 1st half 2021 police contract 949,397.50 Carver County 07/01/2021 101-1120-4300 Property Tax - PIN: 25.2990520 2.16 Carver County 07/01/2021 101-1120-4300 Property Tax - PIN: 25.1310320 15.12 Carver County 07/01/2021 101-1120-4300 Property Tax - PIN: 25.1310321 6.48 Carver County 07/01/2021 101-1120-4300 Property Tax - PIN: 25.1310331 15.12 Carver County 07/01/2021 101-1120-4300 Property Tax - PIN: 25.1310330 21.60 Carver County 950,532.98 CCP NI MASTER TENANT 4 LLC 06/24/2021 101-1220-4320 Utilities 106.75 CCP NI MASTER TENANT 4 LLC 06/24/2021 101-1350-4320 Utilities 2,787.68 CCP NI MASTER TENANT 4 LLC 06/24/2021 101-1540-4320 Utilities 313.44 CCP NI MASTER TENANT 4 LLC 06/24/2021 101-1550-4320 Utilities 333.64 CCP NI MASTER TENANT 4 LLC 06/24/2021 101-1600-4320 Utilities 25.59 CCP NI MASTER TENANT 4 LLC 06/24/2021 700-0000-4320 Utilities 97.88 CCP NI MASTER TENANT 4 LLC 06/24/2021 700-7019-4320 Utilities 1,558.70 CCP NI MASTER TENANT 4 LLC 06/24/2021 701-0000-4320 Utilities 1,137.52 CCP NI MASTER TENANT 4 LLC 6,361.20 Colonial Life & Accident Insurance Co 07/01/2021 101-0000-2008 June 2021 60.72 Colonial Life & Accident Insurance Co 07/01/2021 700-0000-2008 June 2021 19.22 Colonial Life & Accident Insurance Co 07/01/2021 701-0000-2008 June 2021 19.22 Accounts Payable - Check Detail-ACH (07/02/2021 - 8:39 AM)Page 1 of 6 Name Check Dat Account Description Amount Colonial Life & Accident Insurance Co 99.16 Delta Dental 06/24/2021 101-0000-2013 July Dental 2,007.21 Delta Dental 06/24/2021 101-0000-2013 July Dental 30.20 Delta Dental 06/24/2021 700-0000-2013 July Dental 313.72 Delta Dental 06/24/2021 701-0000-2013 July Dental 253.33 Delta Dental 06/24/2021 720-0000-2013 July Dental 201.34 Delta Dental 2,805.80 ESS BROTHERS & SONS INC 07/01/2021 720-7207-4570 Materials 303.96 ESS BROTHERS & SONS INC 303.96 FASTENAL COMPANY 06/24/2021 101-1320-4120 Supplies 105.00 FASTENAL COMPANY 07/01/2021 101-1550-4150 Materials 30.15 FASTENAL COMPANY 07/01/2021 101-1320-4240 Safety clothing 133.00 FASTENAL COMPANY 07/01/2021 101-1320-4240 Safety clothing 58.68 FASTENAL COMPANY 326.83 Fidelity Security Life 06/24/2021 101-0000-2007 July, 2021 Insurance 210.79 Fidelity Security Life 06/24/2021 700-0000-2007 July, 2021 Insurance 22.52 Fidelity Security Life 06/24/2021 701-0000-2007 July, 2021 Insurance 16.24 Fidelity Security Life 06/24/2021 720-0000-2007 July, 2021 Insurance 9.13 Fidelity Security Life 258.68 HAWKINS CHEMICAL 06/24/2021 700-7019-4160 Chemicals 5,026.63 HAWKINS CHEMICAL 5,026.63 Hoops & Threads LLC 06/24/2021 101-1170-4240 Custom Embroidery 18.00 Hoops & Threads LLC 06/24/2021 101-1320-4240 Custom Embroidery 9.00 Hoops & Threads LLC 07/01/2021 101-1550-4120 Apparel 312.00 Hoops & Threads LLC 339.00 Innovative Office Solutions LLC 06/24/2021 101-1170-4110 Office Supplies 248.16 Innovative Office Solutions LLC 06/24/2021 101-1170-4110 Office Supplies 23.72 Innovative Office Solutions LLC 07/01/2021 400-0000-4703 Office Furniture 425.00 Innovative Office Solutions LLC 696.88 KIMLEY HORN AND ASSOCIATES INC 07/01/2021 400-0000-1155 Private Dev 7,992.00 KIMLEY HORN AND ASSOCIATES INC 7,992.00 Knox Company 07/01/2021 201-0000-4705 Equipment 913.00 Knox Company 913.00 LANZI BOB 06/24/2021 101-1766-4300 Adult Softball Umpire 510.00 LANZI BOB 510.00 Accounts Payable - Check Detail-ACH (07/02/2021 - 8:39 AM)Page 2 of 6 Name Check Dat Account Description Amount Macqueen Emergency Group 07/01/2021 101-1220-4530 Equipment 175.54 Macqueen Emergency Group 175.54 Metropolitan Council, Env Svcs 06/24/2021 101-1250-3816 May, 2021 -124.25 Metropolitan Council, Env Svcs 06/24/2021 701-0000-2023 May, 2021 12,425.00 Metropolitan Council, Env Svcs 12,300.75 MINGER CONSTRUCTION 07/01/2021 720-7025-4751 Sewer Repair 7,750.00 MINGER CONSTRUCTION 7,750.00 Minnesota Equipment 06/24/2021 101-1550-4120 Supplies 406.62 Minnesota Equipment 406.62 MN DEPT OF LABOR AND INDUSTRY 06/24/2021 101-1250-3818 May, 2021 6,084.35 MN DEPT OF LABOR AND INDUSTRY 06/24/2021 101-0000-2022 May, 2021 -121.82 MN DEPT OF LABOR AND INDUSTRY 5,962.53 MN VALLEY ELECTRIC COOP 06/24/2021 101-1350-4320 Monthly Service 94.66 MN VALLEY ELECTRIC COOP 06/24/2021 101-1350-4320 Monthly Service 207.81 MN VALLEY ELECTRIC COOP 07/01/2021 101-1350-4320 Monthly Service 32.90 MN VALLEY ELECTRIC COOP 07/01/2021 101-1350-4320 Monthly Service 100.86 MN VALLEY ELECTRIC COOP 436.23 MOSS & BARNETT 06/24/2021 210-0000-1193 Professional Services 11,181.50 MOSS & BARNETT 11,181.50 NAPA AUTO & TRUCK PARTS 07/01/2021 700-0000-4120 Supplies 57.49 NAPA AUTO & TRUCK PARTS 07/01/2021 101-1370-4120 Supplies 10.26 NAPA AUTO & TRUCK PARTS 07/01/2021 101-1370-4140 Supplies 32.25 NAPA AUTO & TRUCK PARTS 07/01/2021 101-1550-4120 Supplies 37.34 NAPA AUTO & TRUCK PARTS 07/01/2021 101-1550-4120 Supplies 11.33 NAPA AUTO & TRUCK PARTS 148.67 Pedretti Christine Lea 06/24/2021 101-1539-4300 Yoga/Pilates 591.50 Pedretti Christine Lea 591.50 Potentia MN Solar 06/24/2021 700-0000-4320 Monthly Service 1,904.45 Potentia MN Solar 06/24/2021 101-1190-4320 Monthly Service 3,559.89 Potentia MN Solar 06/24/2021 101-1170-4320 Monthly Service 2,736.64 Potentia MN Solar 8,200.98 PRAIRIE RESTORATIONS INC 06/24/2021 720-7202-4300 WWTP Prairie Management 720.00 PRAIRIE RESTORATIONS INC 06/24/2021 720-7202-4300 Bluff Creek Prairie Management 780.00 PRAIRIE RESTORATIONS INC 1,500.00 PRECISE MRM LLC 07/01/2021 101-1320-4310 2021-05 Subscription 201.54 Accounts Payable - Check Detail-ACH (07/02/2021 - 8:39 AM)Page 3 of 6 Name Check Dat Account Description Amount PRECISE MRM LLC 201.54 PUMP AND METER SERVICE INC 07/01/2021 700-0000-4120 Supplies 25.73 PUMP AND METER SERVICE INC 25.73 Quality Flow Systems Inc 07/01/2021 701-0000-4553 Materials 240.00 Quality Flow Systems Inc 240.00 SPRINT PCS 06/24/2021 700-0000-4310 Monthly Service 51.72 SPRINT PCS 06/24/2021 701-0000-4310 Monthly Service 51.72 SPRINT PCS 103.44 Sun Life Financial 07/01/2021 101-1120-4046 Life Insurance - July 29.12 Sun Life Financial 07/01/2021 101-1130-4046 Life Insurance - July 23.60 Sun Life Financial 07/01/2021 101-1160-4046 Life Insurance - July 13.61 Sun Life Financial 07/01/2021 101-1250-4046 Life Insurance - July 53.17 Sun Life Financial 07/01/2021 101-1310-4046 Life Insurance - July 45.55 Sun Life Financial 07/01/2021 101-1320-4046 Life Insurance - July 56.47 Sun Life Financial 07/01/2021 101-1370-4046 Life Insurance - July 22.33 Sun Life Financial 07/01/2021 101-1520-4046 Life Insurance - July 16.51 Sun Life Financial 07/01/2021 101-1530-4046 Life Insurance - July 7.01 Sun Life Financial 07/01/2021 101-1560-4046 Life Insurance - July 5.86 Sun Life Financial 07/01/2021 101-1600-4046 Life Insurance - July 9.24 Sun Life Financial 07/01/2021 101-1700-4046 Life Insurance - July 1.03 Sun Life Financial 07/01/2021 101-1550-4046 Life Insurance - July 50.13 Sun Life Financial 07/01/2021 101-1420-4046 Life Insurance - July 39.24 Sun Life Financial 07/01/2021 101-1430-4046 Life Insurance - July 2.33 Sun Life Financial 07/01/2021 210-0000-4046 Life Insurance - July 8.69 Sun Life Financial 07/01/2021 720-7201-4046 Life Insurance - July 2.74 Sun Life Financial 07/01/2021 720-7202-4046 Life Insurance - July 2.74 Sun Life Financial 07/01/2021 101-1170-4046 Life Insurance - July 6.43 Sun Life Financial 07/01/2021 101-1220-4046 Life Insurance - July 26.31 Sun Life Financial 07/01/2021 701-0000-4046 Life Insurance - July 34.32 Sun Life Financial 07/01/2021 700-0000-4046 Life Insurance - July 47.27 Sun Life Financial 07/01/2021 720-0000-4046 Life Insurance - July 20.36 Sun Life Financial 07/01/2021 101-0000-2011 Life Insurance - July 670.50 Sun Life Financial 07/01/2021 210-0000-2011 Life Insurance - July 10.59 Sun Life Financial 07/01/2021 700-0000-2011 Life Insurance - July 152.17 Sun Life Financial 07/01/2021 701-0000-2011 Life Insurance - July 152.17 Sun Life Financial 07/01/2021 720-0000-2011 Life Insurance - July 10.59 Sun Life Financial 07/01/2021 101-0000-2011 Life Insurance- Cobra - July 50.66 Sun Life Financial 1,570.74 TBEI, Inc 07/01/2021 101-1320-4120 Supplies 663.58 TBEI, Inc 663.58 USA BLUE BOOK 06/24/2021 700-7043-4160 Chemicals 261.52 USA BLUE BOOK 07/01/2021 700-7043-4160 Chemicals 128.14 Accounts Payable - Check Detail-ACH (07/02/2021 - 8:39 AM)Page 4 of 6 Name Check Dat Account Description Amount USA BLUE BOOK 389.66 WATSON COMPANY 06/24/2021 101-1540-4130 Supplies 350.35 WATSON COMPANY 07/01/2021 101-1540-4130 Supplies 340.10 WATSON COMPANY 690.45 WM MUELLER & SONS INC 07/01/2021 720-7207-4570 Materials 922.24 WM MUELLER & SONS INC 07/01/2021 420-0000-4150 Materials 756.51 WM MUELLER & SONS INC 07/01/2021 420-0000-4150 Materials 348.87 WM MUELLER & SONS INC 07/01/2021 420-0000-4150 Materials 348.00 WM MUELLER & SONS INC 07/01/2021 420-0000-4150 Materials 348.87 WM MUELLER & SONS INC 2,724.49 WSB & ASSOCIATES INC 07/01/2021 720-7025-4300 2021 Pond Maintenance Project 1,510.25 WSB & ASSOCIATES INC 07/01/2021 720-0000-4300 Water Resource Support Services 1,117.25 WSB & ASSOCIATES INC 07/01/2021 701-7013-4300 Sanitary Sewer Televising Video 260.00 WSB & ASSOCIATES INC 2,887.50 XCEL ENERGY INC 06/24/2021 700-0000-4320 Monthly Service 3,161.95 XCEL ENERGY INC 06/24/2021 700-0000-4320 Monthly Service 3,239.65 XCEL ENERGY INC 06/24/2021 700-7019-4320 Monthly Service 5,810.50 XCEL ENERGY INC 07/01/2021 101-1350-4320 Monthly Service 16,972.04 XCEL ENERGY INC 07/01/2021 701-0000-4320 Monthly Service -2,521.48 XCEL ENERGY INC 07/01/2021 700-0000-4320 Monthly Service 381.97 XCEL ENERGY INC 07/01/2021 101-1540-4320 Monthly Service 1,919.77 XCEL ENERGY INC 07/01/2021 101-1600-4320 Monthly Service 92.41 XCEL ENERGY INC 07/01/2021 101-1550-4320 Monthly Service -258.18 XCEL ENERGY INC 07/01/2021 101-1170-4320 Monthly Service -872.48 XCEL ENERGY INC 07/01/2021 101-1190-4320 Monthly Service -78.74 XCEL ENERGY INC 07/01/2021 101-1220-4320 Monthly Service 1,274.92 XCEL ENERGY INC 07/01/2021 101-1370-4320 Monthly Service 1,787.05 XCEL ENERGY INC 07/01/2021 101-1171-4320 Monthly Service 48.29 XCEL ENERGY INC 07/01/2021 700-0000-4320 Monthly Service 223.38 XCEL ENERGY INC 07/01/2021 701-0000-4320 Monthly Service 223.38 XCEL ENERGY INC 07/01/2021 101-1600-4320 Monthly Service 62.63 XCEL ENERGY INC 07/01/2021 101-1600-4320 Monthly Service 9.44 XCEL ENERGY INC 07/01/2021 101-1350-4320 Monthly Service 25.51 XCEL ENERGY INC 07/01/2021 101-1350-4320 Monthly Service 25.63 XCEL ENERGY INC 07/01/2021 101-1350-4320 Monthly Service 46.15 XCEL ENERGY INC 07/01/2021 101-1350-4320 Monthly Service 32.42 XCEL ENERGY INC 07/01/2021 101-1350-4320 Monthly Service -3.30 XCEL ENERGY INC 07/01/2021 700-7043-4320 Monthly Service 9,587.03 XCEL ENERGY INC 07/01/2021 101-1350-4320 Monthly Service 21.70 XCEL ENERGY INC 07/01/2021 101-1350-4320 Monthly Service -0.06 XCEL ENERGY INC 07/01/2021 700-0000-4320 Monthly Service -5.31 XCEL ENERGY INC 07/01/2021 101-1600-4320 Monthly Service 25.54 XCEL ENERGY INC 41,231.81 Accounts Payable - Check Detail-ACH (07/02/2021 - 8:39 AM)Page 5 of 6 Name Check Dat Account Description Amount 1,088,793.90 Accounts Payable - Check Detail-ACH (07/02/2021 - 8:39 AM)Page 6 of 6 CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Approve Consultant Agreement for Geotechnical Services for the 2022 City Pavement Rehabilitation Project No. 22­01 Section CONSENT AGENDA Item No: D.5. Prepared By George Bender, Assistant City Engineer File No: Project No. 2022­01 PROPOSED MOTION “The City Council approves a consultant contract with WSB and Associates for geotechnical exploration and engineering services in the amount of $32,000.” Approval requires a Simple Majority Vote of members present. SUMMARY The 2022 City Pavement Rehabilitation project requires geotechnical exploratory services in preparation for the design phase of the project.  A consulting services contract is needed to facilitate the completion of this work. BACKGROUND On May 17, 2021, the Engineering Department released a Request for Proposals (RFP) for geotechnical services for the project. DISCUSSION The Engineering Department prepared an RFP and solicited proposals from American Engineering Testing, Inc., WSB and Associates, and Braun Intertec Corporation for the soil exploration and engineering services required for the project.  Mapping of the project areas for the project have been attached and were included in the RFP. All three firms submitted proposals.  A cost comparison of the proposals follows: American Engineering Testing ­ $43,025 Braun Intertec ­ $38,710 WSB and Associates ­ $29,798 The proposals were reviewed to compare the proposed work scopes, sequencing, and estimated costs.  All three firms met the requirements of the RFP and were comparable.  WSB and Associates has communicated they are able to meet the scheduling associated with the geotechnical work. Each of the firms are capable of completing the required work and have successfully completed similar work in the past for the city.  Based on a review of the proposals, staff recommends that WSB and Associates be selected for the work. CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectApprove Consultant Agreement for Geotechnical Services for the 2022 City PavementRehabilitation Project No. 22­01SectionCONSENT AGENDA Item No: D.5.Prepared By George Bender, Assistant City Engineer File No: Project No. 2022­01PROPOSED MOTION“The City Council approves a consultant contract with WSB and Associates for geotechnical exploration andengineering services in the amount of $32,000.”Approval requires a Simple Majority Vote of members present.SUMMARYThe 2022 City Pavement Rehabilitation project requires geotechnical exploratory services in preparation for the designphase of the project.  A consulting services contract is needed to facilitate the completion of this work.BACKGROUNDOn May 17, 2021, the Engineering Department released a Request for Proposals (RFP) for geotechnical services forthe project.DISCUSSIONThe Engineering Department prepared an RFP and solicited proposals from American Engineering Testing, Inc., WSBand Associates, and Braun Intertec Corporation for the soil exploration and engineering services required for theproject.  Mapping of the project areas for the project have been attached and were included in the RFP.All three firms submitted proposals.  A cost comparison of the proposals follows:American Engineering Testing ­ $43,025Braun Intertec ­ $38,710WSB and Associates ­ $29,798The proposals were reviewed to compare the proposed work scopes, sequencing, and estimated costs.  All threefirms met the requirements of the RFP and were comparable.  WSB and Associates has communicated they are ableto meet the scheduling associated with the geotechnical work.Each of the firms are capable of completing the required work and have successfully completed similar work in the past for the city.  Based on a review of the proposals, staff recommends that WSB and Associates be selected for the work. WSB and Associates' contract is an hourly not­to­exceed fee based on completing a specified number of borings, pavement corings, laboratory testing, and GPR length.  Staff proposes to approve an amount of $32,000 to facilitate minor revisions within the contract as needed.  A City standard Professional Services Agreement will be utilized for the contract. As with all engineering contracts, WSB and Associates will submit periodic invoices that staff will review before processing.  Staff will review the invoices for accuracy and conformance with the contract. Funding for geotechnical work is programmed to come from Revolving Assessment and Street Improvement funds. ATTACHMENTS: Geotechnical Proposal ­ WSB Geotechnical RFP for 22­01 City Pavement Rehabilitation Project Project Area Mapping G:\Group Data\Materials\Darin\2021 Proposals\GEO\Chanhassen - 2022 City Pavement Rehabilitation\Chanhasssen - 2022 City Pavement Rehabilitation.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG.COM May 28, 2021 Matt Petite Construction Manager City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Proposal for: 2022 City Pavement Rehabilitation, City Project 22-01, Chanhassen, Minnesota Dear Mr. Petite: Thank you for the opportunity to provide professional services for a geotechnical evaluation , laboratory testing and ground penetration radar (GPR) data collection for the above referenced project. This lump sum fee proposal is in response to your revised RFP, received by Joe Carlson of our firm on May 17, 2021. In this proposal, we present a description of our understanding of the project, an outline of the scope of work we are to provide, and a fee schedule and estimate of charges for our services. To the best of our knowledge, there have been no addendums issued following the revised RFP. It is our understanding that this project will include six areas within the City of Chanhassen (City) as indicated below: Longacres Drive Areas (East, West and South) Approximately 2.32 miles of roadway Curry Farms Park Area Approximately 0.93 miles of roadway Mulberry Circle Area Approximately 0.57 miles of roadway Stone Creek Park Area Approximately 1.48 miles of roadway Within each of these areas the City plans to rehabilitate the pavements and replace damaged curb and gutter and complete limited utility improvements. These improvements are planned to take place in 2022. We assume that alignments both vertical and horizontal of the roadways will not be significantly altered. The City has requested the evaluation consist of flight auger soil borings, pavement cores with photo documentation, gradation tests of aggregate base sections and continuous GPR data collection for each travel lane of roadway. WSB’s construction services group has worked on a number of projects within the City. Projects include the West Water Treatment Plant, 2021 City Pavement Rehab, Park Road Mill and Overlay. WSB’s engineers and project managers are very familiar with the local subsurface City of Chanhassen May 28, 2021 Page 2 conditions of the area and know the City’s expectations regarding quality of work and deliverables. We feel this positions WSB to be a great partner to the City in completing and delivering the work requested in the RFP. A. Project Objectives Based upon our experience with similar projects the objectives of our geotechnical services are to perform subsurface borings, classify and analyze the soil samples, complete laboratory testing, discuss groundwater issues, and prepare recommendations for subgrade preparation and pavement sections. We will also partner with Infrasense to complete the GPR data collection. B. Scope of Basic Services Based on our understanding of the project we proposed the following scope of services: 1. Site Access Based a review of the information you provided it appears that the site can be accessed with our CME-55 truck mounted auger drill. Considering the streets are generally for residential use with a low volume of traffic and low speeds we will utilize flashing lights and signage to alert the travelling public of our work zone and allow for vehicles to self- regulate around our work zone. 2. Bore Hole Locating and Gopher State One Call WSB will stake the proposed bore hole locations using existing structures as guides and utilize a handheld GPS device to locate our as-drilled locations. The handheld device does not provide vertical data and is generally accurate to about 10 feet horizontally. If approximate bore hole locations are not acceptable and more precise locations are required by the design team, we recommend the use of GPS (Global Positioning System) technology to aid in staking the borings. Additional information such as CAD files for this project will be necessary to tie the GPS information to this project. Prior to sending a drill rig to the site WSB will contact Gopher State One Call (GSOC) and have them request public underground utility owners mark and clear our proposed bore hole locations of their utilities. If there are private underground utilities that are not located by GSOC, you must notify WSB immediately. WSB will take reasonable precautions to avoid underground facilities. 3. Subsurface Test Borings As requested, we propose to complete 45 flight auger borings to depths of 10 feet below grade. When completing flight auger borings our drilling crew will collect representative soil samples and record soil transition boundaries. In addition to the flight auger borings we will complete a pavement core at those locations. If unsuitable soils (existing fill, organic soils, etc…) are encountered at the proposed boring termination depth(s), it will be necessary to extend the borings into more competent materials. This will allow us to better evaluate potential construction issues. An additional charge of $15 per lineal foot will be assessed for borings extended beyond their proposed termination depths. If the added work requires an additional mobilization to the site it will be charged at $250 per day. City of Chanhassen May 28, 2021 Page 3 In Minnesota, a boring that is deeper than 15 feet and sealed within 72 hours is considered a temporary boring / environmental well and requires Well Sealing Records be submitted to the Minnesota Department of Health. If the temporary boring / environmental well is extended to depths of more than 25 feet, a Construction Notification form and Fee are required. WSB will fill out the MDH notification and sealing record forms and sign on behalf of the owner unless directed otherwise. Based on our proposed scope of services we do not anticipate these services will be necessary. 4. Pavement Coring We will utilize a two-man coring crew to obtain 4-inch diameter pavement cores. Pavement cores will be completed at the 45 flight auger locations. In addition to cores at the boring locations, as requested, we will perform an additional 52 pavement cores within the project areas. Within these cores we will perform a hand auger to help determine the underlying aggregate base thickness. A photo will be taken of all cores taken on the project, and they will be measured for thickness. 5. GPR Data Collection We will partner with Infrasense to collect and analyze the GPR data. Attached is a typical scope of work provided by Infrasense, the firms qualifications and select project experience and resumes of their personnel who will be assisting on the project. 6. Schedule, Bore Hole Samples and Laboratory Testing The RFP requests that the field work be completed by July 30, 2021, a draft report be prepared by August 13, 2021 for City review and that a final report be completed by September 3, 2021. We are prepared to meet those timelines. It should be noted that this schedule may change based on timing of authorization, site conditions and other factors. Should our anticipated schedule change we will let you know. This estimate is based on work being completed during normal business hours, 7am to 6pm, Monday through Friday. Additional charges will apply to night or weekend work. Samples retrieved during drilling will be returned to our laboratory where they will be reviewed, classified using the Unified Soil Classification System (USCS) and logged under the direction of a geotechnical engineer. Select samples will be set aside for laboratory testing. We may perform routine laboratory tests on selected soil samples obtained from the exploration. This may include determinations of natural moisture content and unconfined compressive strength with a calibrated penetrometer if cohesive soils are encountered and gradations on select sand samples from the borings. Such tests will aid in determining soil classification and properties and potential behavior characteristics to help guide our recommendations. 7. Geotechnical Engineering Report Information gathered for this project will be used to prepare a geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and City of Chanhassen May 28, 2021 Page 4 groundwater conditions encountered in our borings and how they may affect the proposed construction of pavements. The report will also provide estimates of ground water depths, subgrade preparation, a discussion of soils for use as structural fill and site fill and a recommended pavement design thickness . We will provide you and any identified members of your design/project team with a PDF copy of our geotechnical report. If requested, we will also provide you with an original hard copy. This geotechnical proposal is presented for engineering services to determine the structural properties of the soil at the specified site. It does not cover an environmental assessment of the site, or environmental testing of the soil or groundwater. 8. Fee Our lump sum fee is provided below. Geotechnical Services Estimated Cost 45 Flight Auger Borings to about 10 feet, Mobilization/Demobilization, Project Management and Administration, Gopher State Utility Clearance, Soil Classification, Boring Logs, Laboratory Testing, Geotechnical Report, Consumables $12,658 97 Pavement Cores (45 at the Flight Auger Borings and 52 at other locations) with 52 Hand Auger Borings, Mobilization/Demobilization $5,750 Laboratory testing (100 moisture contents, 12 Gradations*) $2,440 GPR Services RT Mobilization $1,500 Data Collection $2,000 Project Management $1,000 Data Analysis (Pavement Layer Thicknesses) $2,700 Reporting $1,750 LUMP SUM COST $29,798.00 * - we will collect aggregate base samples from our flight auger borings and create a composite sample for gradation testing. Two samples (provided enough sample can be obtained) will be collected in each area. If additional borings or deeper borings are needed, or if engineering and testing are requested beyond that necessary for preparation of our report (post-report consultation, report revision due to changes in building design or location, specification review, or pre -construction meetings), the increase in our fees will be in accordance with the rates previously indicated or at the unit prices shown on the enclosed Rate Schedule for hourly services. If you have any questions regarding our scope of services or how they may be modified to meet your project needs, please feel free to give us a call to discuss. City of Chanhassen May 28, 2021 Page 5 C. Closure This letter represents our complete understanding of the proposed scope of services. If you are in agreement with the scope of services, attached General Contract Provisions, and proposed fee, please sign in the appropriate space below and return one copy to my attention. If you have any questions about this proposal, please feel free to call Darin Hyatt at 612.499.8380 or email at dhyatt@wsbeng.com. This fee proposal is valid for ninety (90) days from the creation date noted in the header. WSB may reissue a revised proposal upon request if the indicated time period has lapsed. Should the scope of work change in nature or be expanded to include additional services, we reserve the right to renegotiate the fees and contract provisions with you. However, once we begin work on this project, any counteroffers will not be accepted. WSB appreciates the opportunity of being considered for this project and we look forward to providing our professional services to you. Sincerely, WSB Darin Hyatt, PE Joe Carlson, PE Senior Geotechnical Engineer Materials Engineer Attachments: Resumes of Key Personnel (Darin, Mark, Joe, Adam, Ken) Infrasense GPR Pavement Thickness Survey – Typical Scope of Work Infrasense Qualifications Infrasense Project Experience WSB 2021 Rate Schedule WSB Exhibit A General Contract Provisions 11.01.16 ACCEPTED BY: CITY OF CHANHASSEN Name (print) Signature Company Title Date Darin Hyatt, PE SENIOR GEOTECHINCAL ENGINEER Darin has over 20 years of experience in the geotechnical and civil engineering industry with leadership experience in national retail, residential, commercial, transportation, and mixed-use projects. He has handled projects for many clients with a range of funding sources, including state and federal agencies, municipalities, and private businesses. Darin’s experience in geotechnical, field and laboratory testing, and project documentation make him a valuable asset to the completion of an array of construction projects. SERVICE GROUP: Materials REGISTRATION: Professional Engineer MN #41316 IL #062 07 1283 ND #PE-28015 EDUCATION: Bachelor of Science, Civil Engineering, University of North Dakota, 1993 MEMBERSHIPS + RECOGNITIONS: Minnesota Geotechnical Society 2020 Street Improvements and Pedestrian Trail | Baxter, MN CLIENT: CITY OF BAXTER PROJECT DURATION: MAY 2019 TO AUGUST 2019 The project included reconstruction of several city streets and construction of a new trail from Cedar Scenic Drive to the Whipple Beach Recreation Area. In his role as Geotechnical Lead, Darin worked with the City to prepare a plan for soil borings including locations, depths, sampling intervals and traffic control. Darin also coordinated with the City, Gopher State One Call locators, the drilling crew and traffic control personnel to complete the field work. Darin oversaw the selection of samples for lab testing, prepared boring logs, reviewed the soil boring exhibit and prepared the geotechnical evaluation report. The report discussed existing pavement section thicknesses, subsurface soil and groundwater conditions, potential mill and overlay depths/ thickness and presented recommendations for subgrade improvement along the trail and provided pavement thickness. Wolk Park Improvements | Burnsville, MN CLIENT: CITY OF BURNSVILLE PROJECT DURATION: JAN 2019 - FEB 2019 The park improvements were in Wolk Park in Burnsville, Minnesota. The project included improvements to the parks trails. Darin was responsible for geotechnical scoping, preparing a soil boring plan, directing drilling crews, preparing the geotechnical report and overseeing invoicing. 2020 PMP Area and Arden Oaks Area Street and Utility Improvements, and Parking Lot Reconstructions | Arden Hills, MN CLIENT: CITY OF ARDEN HILLS PROJECT DURATION: JUN 2019 - SEPT 2019 The 2020 PMP and the Arden Oaks area contain city streets that are existing urban and rural roadway alignments and are two lane bituminous roads. The City proposed to reconstruct the existing surface and complete curb and gutter repairs/installation and place a new watermain. Three bituminous paved parking lot pavements needed repair and at the city planned a reconstruction. Darin was responsible for preparing a scope of services for the City. Darin coordinated with various stakeholders and prepared the drilling crew. Darin selected samples for laboratory testing, collaborated in the preparation of the boring logs, soil boring exhibits and he prepared the geotechnical report. The geotechnical report contained our analysis of the subgrade conditions, discussed subgrade preparations and provided recommended pavement sections for the roadways and the parking lots. Darin Hyatt, PE – Project Experience (con’t) CSAH 13 Roundabouts at CSAH 33 and CR 40 | Sherburne County, MN CLIENT: SHERBURNE COUNTY PUBLIC WORKS PROJECT DURATION: AUG 2018 - OCT 2018 Sherburne County is planning new roundabouts and associated lanes on CSAH 13 at the intersections of CSAH 33 and CR 40. Darin was responsible for geotechnical scoping for the roundabouts, preparing a soil boring plan, directing drilling crews, logging soils, preparing boring logs and the testing plan, and preparing the geotechnical report. The geotechnical report included backfill and fill selection, compaction recommendations and foundation subgrade recommendations to support the roadway. County Road B2 at Lexington Avenue|Roseville, MN CLIENT: RAMSEY COUNTY PROJECT DURATION: APR 2020 - MAY 2020 The project intersection is located approximately a quarter mile north of Trunk Highway (TH) 36 and adjacent to Roseville High School. Due to high traffic levels, operational issues and safety issues, Ramsey County decided to construct designated left-turn, right-turn and through lanes on CR B2. The segments are urban sections and will generally undergo a mill and overlay reconstruction which will at a minimum replace the upper lift of the existing pavement section and curb and gutters. CR B2 was also widened to provide dedicated right-turn lanes onto northbound and southbound Lexington Avenue. In his role as Geotechnical Lead, Darin worked with the County to prepare a plan for soil borings including locations, depths, sampling intervals and traffic control. Darin also coordinated with the County, Gopher State One Call locators, the drilling crew and traffic control personnel to complete the field work.Darin oversaw the selection of samples for lab testing, prepared boring logs, reviewed the soil boring exhibit and prepared the geotechnical evaluation report. The report discussed existing pavement section thicknesses, subsurface soil and groundwater conditions, potential mill and over depths/thickness and presented recommended pavement thickness. Mill and Overlay and Full Depth Reclamation Improvements | Baxter, MN CLIENT: CITY OF BAXTER PROJECT DURATION: FEB 2018 - MAR 2018 The roadway improvements were located along portions of Baxter Drive between Westgate Mall and Highway 210 and a portion of Cedar Scenic Road in Baxter, Minnesota. As part of those services geotechnical engineering services were needed. It was proposed to install new utilities along the Baxter Drive alignment. The underground utility consisted of storm sewers. That utility had inverts about 17 to 18 feet below final grade. After backfilling the utility, a new urban two lane bituminous road was to be reconstructed to about the same horizontal and vertical alignments as the existing one. Cedar Scenic Road did not have utilities installed but the roadway was to be raised about 2 feet along the existing alignment and be widened. That new roadway will be urban two lane bituminous road. Bass Lake Plaza Lift Station Improvements | Plymouth, MN CLIENT: CITY OF PLYMOUTH PROJECT DURATION: FEB 2019 MAR 2019 The lift station improvements were located along 56th Avenue North just to the west of the Truck Highway 169 Service Drive in Plymouth, Minnesota. It was proposed to install a new valve vault structure and replace an existing forcemain. Darin was responsible for preparing the geotechnical scope of services and delivering the project. The geotechnical report discussed subsurface conditions, soil strength characteristics and groundwater conditions. The report contained recommendations for valve vault subgrade preparation, soil bearing capacity, dewatering and backfill and fill selection. Darin Hyatt, PE – Project Experience (con’t) Trunk Highway 169 Reconstruction | Champlin, MN CLIENT: CITY OF CHAMPLIN PROJECT DURATION: OCT 2016 - FEB 2019 Darin oversaw the drilling operations, boring location selection, utility clearances, sample selection for laboratory testing, preparation of the boring logs and prepared the Materials Design Recommendation report for the project. WSB provided an expedited 6-week turnaround for completion of a MnDOT- style Modified Corridor Phase I ESA and also completed a Limited Phase II ESA in advance of the TH 169 Reconstruction Project located in Champlin, Minnesota. Darin was responsible for preparing the drilling crews for the required environmental drilling and sampling of soil and groundwater at the boring locations and coordinating the clearing of underground utilities with Gopher State One Call. Rockford Road Improvements | Plymouth, MN CLIENT: CITY OF PLYMOUTH PROJECT DURATION: OCT 2018 - MAR 2019 This project consisted of constructing a new bridge, retaining walls, trails and roadway approaches. Darin was responsible for scoping the project, preparing a proposal, directing drilling crews, preparing Foundation Analysis and Design Reports (FADR) for the new bridge and one for the retaining walls as well as a Materials Design Recommendations (MDR) report for the roadway embankment construction. The FADR’s included recommendation for pile supported structures including pile type, size, capacity and lengths, dragload analysis using neutral plane method, anticipated settlement and material selection recommendations. The MDR included recommendations for embankment construction, settlement analysis and monitoring, material selection and placement and compaction criteria and pavement section design. Mark Osborn, PE SENIOR GEOTECHNICAL ENGINEER DRILLING CREW MANAGER Mark is a registered professional engineer with over 20 years of experience in geotechnical engineering. He is primarily responsible for preparing geotechnical proposals, reviewing soils for recommendations, project management, geotechnical design reports, and scheduling the drill rig crews. Mark is a registered monitoring well contractor with the Minnesota Department of Health. Mark has provided geotechnical engineering and project management oversight for both private and public sector clients. His experience includes both shallow and deep foundation design, pavement design, and slope stability analysis. SERVICE GROUP: Geotechnical Engineering REGISTRATION: Professional Engineer MN #41362, IA #19659, WI #40912-6 EDUCATION: Bachelor of Science in Geological Engineering, University of North Dakota, 1996 MEMBERSHIPS & RECOGNITIONS: Minnesota Department of Health – Registered Monitoring Well Contractor #3364 WORK HISTORY: WSB Geotechnical Project Engineer / Drilling Crew Manager 2013 – Current Mark manages the drilling crews and oversees the drill rig schedule for WSB. As a project Engineer/Manager he is responsible for geotechnical cost estimates and proposals, scheduling of drilling crews, project management, geotechnical reports including recommendations for pavements and foundations. Mark also works on slope stability projects for WSB. McGhie & Betts, Inc Project Engineer/Manager 2001 – 2013 Mark ran the geotechnical services for the Northfield office of McGhie & Betts. This included cost estimate and proposals, scheduling of drilling crews, project management, geotechnical reports including recommendations for pavements and foundations. Mark was also responsible for slope stability projects for McGhie & Betts. Mark also performed project management and project engineer services for civil engineering out of the Northfield office. This included cost estimates and proposals, scheduling surveyors, preparing plans including site, grading, and erosion control including Storm Water Pollution Prevention Plans. McGhie & Betts, Inc Engineer in Training 1997 – 2001 Engineer in training under the geotechnical and civil engineering groups. Working with environmental and surveying groups. Dakota County Roadway Improvements | Dakota County, MN CLIENT: Dakota County P ROJECT DURATION: 2014, 2015, 2016, 2017, 2018 , 2019 WSB has provided geotechnical engineering services for the annual reconstruction of roadways within Dakota County. These roadways include County Roads 38, 50, 62, 78, 86, 88, 91, and 96. The roadways have included gravel roadways that are being reconstructed as bituminous, bituminous 2- lane roadways that are being improved with additional lanes, turn lanes and/or wider shoulders, and 4-lane roadways that are planned for reconstruction and improvements. For the project Mark provided a competitive cost proposal, performed as project manager and engineer, oversaw the field services, and provided geotechnical recommendations including design R-values of the soils and recommendations for subgrade improvements, additional lanes or shoulders, and pavement section. Savage Street Reconstruction | City of Savage, MN CLIENT: City of Savage P ROJECT DURATION: 2017, 2018 , 2019 , 2020 WSB has provided geotechnical engineering services for the annual reconstruction of roadways within the City of Savage. These roadways include Glendale, Vernon, the Hanrehan Lake area, and the Dufferin Drive area. For the project Mark provided a competitive cost proposal, performed as project manager and engineer, oversaw the field services, and provided geotechnical recommendations for subgrade improvements and pavement design. Burnsville Street Reconstruction | Burnsville, MN CLIENT: CITY OF BURNSVILLE PROJECT DURATION: 2017, 2018 , 2019, 2020 WSB has provided geotechnical engineering services for the annual reconstruction of roadways within the City of Burnsville. These areas include Bluebill Bay, Burnhaven, Burnsville Heights, East and West Frontage Roads of 35W, Highland, Highland Upton, Portland, and 150th Street. The roadways included bituminous 2-lane roadways that are being improved with underground utilities, turn lanes and/or wider shoulders. For the project Mark provided a competitive cost proposal, performed as project manager, oversaw the field services, and provided geotechnical recommendations including design R-values of the soils and recommendations for subgrade improvements, additional lanes or shoulders, and pavement section. Residential Subdivisions | Rochester, MN CLIENT: VARIOUS DEVELOPERS PROJECT DURATION: 2017 -2018 Mark has worked on several residential subdivisions within the Rochester area including Alpha (Village Capital), Stonewood, and The Woods. Pavement design was required to follow the requirements of the City of Rochester. For the project Mark provided a competitive cost proposal, performed as project manager, oversaw the drilling crew, and provided geotechnical recommendations including allowable bearing capacity of the soils, subgrade improvements, pavement recommendations. West Shadow Lake Drive | Lino Lakes, MN CLIENT: CITY OF LINO LAKES PROJECT DURATION: 2018 -2019 This project included the reconstruction of West Shadow Lake Drive for 1 ½ miles. The roadway reconstruction was for utility and subgrade improvements. To improve safety and reduce flood events, the roadway was designed to be widened to 36 feet and raised 1-2 feet in grade. A portion of the roadway crossed over a creek that connects Reshanau Lake and Rice Lake. Deep peat deposits were encountered at the creek crossing and several options were considered including full excavation and replacement, lightweight fills, and surcharging. Ultimately, it was decided that full excavation would provide the best solution to the site specific problems. Mark performed at the project engineer and prepared a geotechnical report with design recommendations. SERVICE GROUP: Materials REGISTRATION: Professional Engineer MN #54834 EDUCATION: Bachelor of Science Degree in Civil Engineering, University of Minnesota, Duluth, MN CERTIFICATIONS: Aggregate Production Grading and Base I Grading & Base II Concrete Field I Concrete Plant Monitor Concrete Strength Training ACI Concrete Field I ACI Adhesive Anchor ICC Soil ICC Reinforcing Steel ICC Masonry Hazmat Certification Nuclear Gauge Safety Certification Joe Carlson, PE PROJECT MANAGER Joe is a Professional Engineer with more than fourteen years of experience in construction materials testing, special inspections and geotechnical engineering. He holds multiple MnDOT, ACI and ICC certifications. Joe has performed geotechnical explorations, construction observations, special inspections and materials testing with private, municipal, state, and federal entities. He has a vast experience providing sound engineering recommendations regarding all types of materials that are utilized on any given type of construction project. Joe and his staff provide over-the-top documentation to ensure all project shareholders are aware of the various materials being incorporated on their projects and their associated risks and rewards. Joe oversees all the materials field and laboratory staff in the metro area and quickly addresses any issues that may arise. Joe is known for his extensive project management experience by delivering projects on-time and on-budget. Independent Testing Agency and Geotechnical Services | Dakota County, MN CLIENT: DAKOTA COUNTY PROJECT DURATION: 2020 - CURRENT WSB is currently providing our professional services to Dakota County on an as-needed basis under a two-year contract. Our scope of services includes providing soil borings including geotechnical reporting as well as the inspections and testing of helical anchors, earthwork activities, concrete construction, masonry construction, structural steel erection, cold formed steel framing, roofing materials, curtain walls, spray fire resistant materials, and bituminous pavements. We have worked with the county on numerous projects under this contract including both horizontal roadways and vertical type of construction including their building and facilities. 8th Street Reconstruction Project | Minneapolis, MN CLIENT: CITY OF MINNEAPOLIS PROJECT DURATION: APR 2019 - AUG 2020 Joe is currently overseeing the construction materials testing for this federal-aid and state-aid project. The City of Minneapolis hired Joe and his team to provide the required Quality Assurance testing for this two-year, 12-block downtown reconstruction project. This project involves concrete paving and concrete improvements along the entire length of the roadway section. Joe has been overseeing the testing personnel and ensuring that all products are meeting the project specifications. I-494-Rockford Road (CSAH 9) Interchange | Plymouth, MN CLIENT: CITY OF PLYMOUTH PROJECT DURATION: APR 2019 - AUG 2019 Joe led the delivery of the construction materials testing services that were required for this interchange project. The project includes a four-lane bridge over 494, the associated ramps and expansion of the existing roadway. Joe ensured testing was performed in accordance with MnDOT standards and the Quality Assurance testing was delivered per the Schedule of Materials Control. ADAM CARMICHAEL Job Title: President & Operations Manager 21G Olympia Avenue, Suite 45, Woburn, MA 01801 Tel: 781-281-1686 E-mail: acarmichael@infrasense.com BIO Mr. Carmichael specializes in project execution and management. He holds a Bachelor’s Degree in Civil Engineering from Worcester Polytechnic Institute, and an MBA degree from Babson College. Since coming to Infrasense in 2007, he has been responsible for ground penetrating radar, infrared thermography, and ultrasonic testing on over 900 bridge decks, 7500 lane-miles of pavement, and nearly 100 other transportation facilities (e.g., tunnels, parking structures, culverts, buildings) throughout the U.S. Mr. Carmichael manages the day-to-day operations at Infrasense, and his responsibilities include project development and management, field operations management, field data quality assurance, quality assurance of project deliverables, as well as oversight of internal research and development, contracting, financials, legal, and marketing. Since 2015, Mr. Carmichael has managed over 80 nondestructive testing projects with typical budgets ranging from $50,000 to $250,000. He has published numerous studies on the topics of: evaluating the accuracy of GPR and infrared methods; exploring innovative deployment of NDE technologies such as aerial infrared thermography surveys of bridge decks; and examining the implications of using deck- scanning methods towards rehabilitation and preservation decisions. With this, Mr. Carmichael has a strong focus on the practical application of NDE technologies and ability to integrate NDE results in a way that aligns with client needs and existing management systems and decision policies. EDUCATION Babson College Business Administration M.B.A., 2014 Worcester Polytechnic Institute Civil Engineering B.S. CE, 2007 ACADEMIC/ PROFESSIONAL APPOINTMENTS 2014-Present President and Operations Manager, Infrasense, Inc. 2010-2014 Project Engineer, Infrasense, Inc. 2007-2010 Staff Engineer, Infrasense, Inc. SELECT PROJECT EXPERIENCE Minnesota Pavement Thickness Survey Infrasense, Inc. has competed several subsurface pavement structure investigations for MnDOT covering over 520 lane-miles in Minnesota’s Metro and Northeast Regions using high-speed ground penetrating radar (GPR). In the Metro Region, the primary travel lane and outside shoulder were surveyed in both driving directions of the prescribed sections to detect any changes in structure across the pavement. After data collection was completed, a preliminary review of the continuous GPR data was completed to identify homogenous areas of pavement structure and locate representative locations for subsequent core sampling. On average, the GPR asphalt results were within 8.6% of the measured core thicknesses. Client: Minnesota Department of Transportation Role: Project Manager Georgia Pavement Thickness Surveys Infrasense, Inc. has competed four GPR pavement layer thickness surveys working as a subcontractor to NOVA under an on-call Architectural and Engineering Pavement Design Support Services contract with Georgia DOT. Since 2018, Infrasense has surveyed over 100 lane-miles of pavement along Interstate-85, Interstate-285, Interstate-20, and SR-400. All projects utilized a high-speed system consisting of either a 1-GHz or 2-GHz horn antenna and either a SIR-30 data acquisition system. The deliverables have included pavement layer thickness results in tabular and graphical format. Client: NOVA Role: Project Manager Virginia Pavement Thickness Surveys Infrasense, Inc. has competed seventeen GPR pavement layer thickness surveys working as a subcontractor to Wood under an on-call Pavement Evaluation and Design Engineering Services contract with Virginia DOT. Since 2015, Infrasense has surveyed over 250 lane-miles of pavement along Interstate-81, Interstate-64, Interstate-664, Interstate-464, Interstate-264, US-13, US-258, CR-602, SR- 139, and US-17. All projects utilized a high-speed system consisting of a 1-GHz horn antenna and either a SIR-20 or SIR-30 data acquisition system. The deliverables have included pavement layer thickness results in tabular and graphical format. Client: Wood Role: Project Manager Cleveland, Ohio Subsurface Pavement Evaluation Along I-90 Corridor Infrasense surveyed a 7.5-mile section of Interstate 90 using ground penetrating radar (GPR) to map: • the limits of the full depth asphalt versus the composite pavement sections • determine the thickness of asphalt and the underlying PCC pavement along each lane • identify locations of slab joints in need of repair (those with >25% deterioration) • identify locations where the underlying PCC pavement is deteriorated, and possibly in need of repair Client: PSI Role: Project Manager SELECT PUBLICATIONS Carmichael, A., Frank, W., Maser, K., Guarino, E., “Use of Ground Penetrating Radar (GPR) for Value Engineering Rehabilitation Redesign of New York State Thruway Bridge Decks” Proceedings, Structural Materials Technology, NDT Conference, 29-31 August, 2016, Portland, OR Maser, K., Carmichael, A. “Low Speed vs. Highway Speed Infrared Thermography for Bridge Deck Delamination Detection” Proceedings, Structural Materials Technology, NDT Conference, 29-31 August, 2016, Portland, OR Carmichael, A., Sorota, K., Cioffredi, N., Maser, K., “Comprehensive Nondestructive Evaluation of Las Vegas Viaduct Deck for Rehabilitation Design” Proceedings, Structural Materials Technology, NDT Conference, 29-31 August, 2016, Portland, OR Carmichael, A., Maser, K., Stevenson, J., Halloran, M., “NDT vs. NBI: Implications for Deck Maintenance and Rehabilitation” Proceedings, Structural Materials Technology, NDT Conference, 25-27 August, 2014, Washington, DC Guarino, E., Maser, K., and Carmichael, A., “Aerial vs. Vehicle-based Infrared Thermography for Bridge Deck Delamination Detection” Proceedings, Structural Materials Technology, NDT Conference, 27-29 August, 2018, New Brunswick, NJ Maser, K., Carmichael, A., Johnson, B., Keranen, P., Holdhusen, B., and Green, D., "Network Level Bridge Deck Condition Assessment in Minnesota" Proceedings, Structural Materials Technology, NDT Conference, 21-24 August, 2012, New York, NY Maser, K., Martino, N., Carmichael, A., and Birken, R., "Characterization and Detection of Bridge Deck Deterioration". IABMAS 2012: The 6th International Conference on Bridge Maintenance, Safety, and Management, 8-12 July, 2012, Lake Como, Italy. Maser, K.R, Schmalzer, P., Shaw, B., Carmichael, A., “Integration of Traffic Speed Deflectometer and Ground Penetrating Radar for Network-Level Pavement Structure Evaluation and Geodatabase Development,” Proceedings of Transportation Research Board Conference, 96th Annual Meeting, TRB ID Number 17-01661, January 8-12, 2017. Maser, K., Carmichael, A., and Weis, W., "Use of GPR for Subsurface Pavement Investigations of 23 Airports in South Carolina" Proceedings, The Ninth International Conference on the Bearing Capacity of Roads, Railways, and Airfields, 25-27 June, 2013, Trondheim, Normay Maser, K., Carmichael, A., Kutrubes, D. and Vinadalal, S. "Use of NDE Methods for Load Rating of Older Structures". Structural Materials Technology, NDT Conference, 21-24 August, 2012, New York, NY PROFESSIONAL AFFILIATIONS American Society of Nondestructive Testing (ASNT), Member of Infrastructure Committee American Society of Civil Engineers (ASCE) Boston Society of Civil Engineers (BSCE) KEN MASER, Ph.D., P.E. Job Title: Senior Principal 21G Olympia Avenue, Suite 45, Woburn, MA 01801 Tel: 781-281-1686 E-mail: kmaser@infrasense.com BIO Dr. Maser is an internationally recognized authority in the field of nondestructive evaluation of structures and construction materials; and specializes in the application of ground penetrating radar (GPR). He has developed and put into practice techniques for bridge and pavement evaluation and is the holder of two U.S. patents. He has also taught graduate-level courses in nondestructive evaluation during his affiliation with the Massachusetts Institute of Technology (MIT), Civil Engineering Department. He has served on the continuing education Faculty of the University of Wisconsin, teaching courses in NDE. Throughout his career he has managed numerous programs, with budgets ranging from $20,000 to $2,000,000. While at MIT, Dr. Maser managed a major 5-state research program under the New England Transportation Consortium to develop improved methods for bridge and pavement assessment. This program involved extensive theoretical, laboratory, and field evaluations of NDE methods. The program also involved considerable interaction with the 5 state participants. Since 1987, Dr. Maser has supervised bridge deck NDE surveys on over 1,000 bridge decks and over 15,000 lane-miles of pavement. He has tested and utilized all types of NDE equipment and software, and he has developed analysis software. Dr. Maser is the author of over 150 technical articles and publications on the subject of evaluation of construction materials and constructed facilities. Dr. Maser was formerly a member of the ACI #228, Committee on Non-Destructive Testing, where he helped prepare application specifications for GPR and Infrared Thermography. Recently, Dr. Maser served as an Associate Editor of the ASCE Journal of Infrastructure Systems, and more recently was selected as the winner of the 2019 Wilber S. Smith Award for his leadership and innovation in developing and providing highway agencies with driving-speed non- destructive methods for subsurface condition evaluation of pavements and bridge decks. EDUCATION Massachusetts Institute of Technology Civil Engineering Ph.D., CE., 1971 Massachusetts Institute of Technology Civil Engineering M.S., CE., 1967 The Cooper Union Civil Engineering B.S., CE, 1966 ACADEMIC/ PROFESSIONAL APPOINTMENTS 2014-Present Senior Principal, Infrasense, Inc. 1987-2014 Founder and President, Infrasense, Inc. 1984-1989 Research Associate, MIT, Department of Civil Engineering 1979-1983 Division Manager, Foster-Miller Associates, Inc. 1975-1979 Program Manager, Foster-Miller Associates, Inc. 1972-1975 Project Engineer, Foster-Miller Associates, Inc. 1970-1972 Staff Engineer, C.S. Draper Laboratory SELECT PROJECT EXPERIENCE GPR Pavement Thickness Survey of Primary Roads in Virginia (2017-2018) Dr. Maser managed the GPR pavement layer thickness survey of 2520 lanes miles of primary roads throughout Virginia. GPR data was collected continuously at 1-foot intervals and analyzed at traffic speed deflectometer (TSD) test locations by matching GPS coordinates between TSD and GPR data files. As part of this work, Infrasense collected pavement cores at 260 locations, approximately one core every 10 miles. The core locations were selected based on the homogeneity and nature of the pavement structure. The core data was used to identify and clarify pavement layer type where multiple pavement layers appeared in the GPR data. Client: Virginia Department of Transportation (VDOT) Role: Project Manager Idaho DOT, District 6 - Roadway Structure Evaluation (2015-2018) Dr. Maser managed the development of a roadway structure database to assist the Idaho Transportation Department (ITD) in its future project planning and design efforts and to ultimately advance the condition of the roadways to an acceptable level. The roadway structure database was generated primarily with data from ground penetrating radar (GPR), falling weight deflectometer (FWD), and traffic speed deflectometer (TSD) testing. The non-destructive test data was complemented with data from direct boring and core sampling. The testing covered over 1035 lane-miles and was focused in ITD’s District 6. The roadway structure database includes layer thickness, layer moduli, structural number, and calculated remaining life estimates at 0.01-mile increments. This structure has been set up as an ArcGIS geodatabase. The tested roadways were divided into segments based on remaining life estimates, and rehabilitation recommendations have been developed for each segment. The rehabilitation recommendations include overlays combined with stress absorbing layers of straight asphalt (SALSA), and total reconstruction. Client: Idaho Transportation Department, District 6 Role: Project Manager SELECT PUBLICATIONS Martino, N., Maser, K., Birken, R., Wang, M., “Quantifying Bridge Deck Corrosion Using Ground Penetrating Radar”, Research in Nondestructive Evaluation, Volume 27, 2016 – Issue 2, pp. 112-124, August 2015. Maser, K., Guarino, E., Martino, N., “Comparison of Ground-Coupled and Air-Launched Ground Penetrating Radar Methods for Bridge Deck Condition Evaluation” Proceedings, Structural Materials Technology, NDT Conference, 25-27 August, 2014, Washington, DC Maser, K., Martino, N., Birken, R., “Simulating the Attenuation of Field Collected GPR Signals of Various Reinforced Concrete Bridge Decks” Proceedings, Structural Materials Technology, NDT Conference, 25-27 August, 2014, Washington, DC Maser, K., Martino, N., Doughty, J., and Birken, R. "Understanding and Detecting Bridge Deck Deterioration using Ground Penetrating Radar" Transportation Research Record 2313, Paper Number 12-1765, 2012. Maser, K., Carmichael, A., Johnson, B., Keranen, P., Holdhusen, B., and Green, D., "Network Level Bridge Deck Condition Assessment in Minnesota" Proceedings, Structural Materials Technology, NDT Conference, 21-24 August, 2012, New York, NY Maser, K.R., "Integration of Infrared Thermography and Ground Penetrating Radar for Bridge Deck Condition Assessment" Proceedings, NDTCE '09, Nantes, France, July 2009 Maser, K.R. and Horschel, M., “Integration of Ground Penetrating Radar and Infrared Thermography for Bridge Deck Assessment,” Proceedings, Structural Materials Technology V, American Society for Non Destructive Testing, Columbus OH, 2002. Maser, K.R., and Bernhardt, M., “Statewide Bridge Deck Survey using Ground Penetrating Radar,” Structural Materials Technology IV: An NDT Conference, Atlantic City New Jersey, March 3, 2000. Maser, K.R. and Sanayei, M., “Identification of Unknown Bridge Foundations using Static Load Test Data,” Structural Materials Technology IV: An NDT Conference Atlantic City, New Jersey, March 3, 2000. Maser, K.R., and Roddis, W.M., Kim., “Principles of Thermography and Radar for Bridge Deck Assessment,” ASCE, Journal of Transportation Engineering, V.116(5), pp. 583-601, Sept.-Oct. 1990. Maser, K.R. and Smit, D., “Automation of Condition and Deterioration Surveys Using Knowledge-Based Signal Processing,” Second Conference on Robotics in Construction. Carnegie-Mellon University, Pittsburgh PA, June 1985. Maser, K.R, Schmalzer, P., Shaw, B., Carmichael, A., “Integration of Traffic Speed Deflectometer and Ground Penetrating Radar for Network-Level Pavement Structure Evaluation and Geodatabase Development,” Proceedings of Transportation Research Board Conference, 96th Annual Meeting, TRB ID Number 17-01661, January 8-12, 2017. Maser, K. R., "Automated Systems for Infrastructure Condition Assessment" editorial published in the ASCE Journal of Infrastructure Systems V.11, No. 3, Sept, 2005 Maser, K.R., “Use of Ground Penetrating Radar Data for Rehabilitation of Composite Pavements on High-Volume Roads,” Transportation Research Record No. 1808, TRB, National Research Council, pp. 122-126, 2002. Maser, K.R., Egri, R., Lichtenstein, A.G., and Chase, S., “Field Evaluation of a Wireless Global Bridge Evaluation and Monitoring System (WGBEMS) ,” Proceedings of the ASCE 11th Engineering Mechanics Conference, Ft. Lauderdale FL, May 19-22, 1996. PROFESSIONAL AFFILIATIONS ASCE Journal of Infrastructure Systems, Associate Editor American Concrete Institute (ACI), ACI-228 - Committee on Nondestructive Evaluation American Society of Civil Engineers (ASCE) Ground Penetrating Radar Service Providers Coalition – Co-Chairman ADAM CARMICHAEL Job Title: President & Operations Manager 21G Olympia Avenue, Suite 45, Woburn, MA 01801 Tel: 781-281-1686 E-mail: acarmichael@infrasense.com BIO Mr. Carmichael specializes in project execution and management. He holds a Bachelor’s Degree in Civil Engineering from Worcester Polytechnic Institute, and an MBA degree from Babson College. Since coming to Infrasense in 2007, he has been responsible for ground penetrating radar, infrared thermography, and ultrasonic testing on over 900 bridge decks, 7500 lane-miles of pavement, and nearly 100 other transportation facilities (e.g., tunnels, parking structures, culverts, buildings) throughout the U.S. Mr. Carmichael manages the day-to-day operations at Infrasense, and his responsibilities include project development and management, field operations management, field data quality assurance, quality assurance of project deliverables, as well as oversight of internal research and development, contracting, financials, legal, and marketing. Since 2015, Mr. Carmichael has managed over 80 nondestructive testing projects with typical budgets ranging from $50,000 to $250,000. He has published numerous studies on the topics of: evaluating the accuracy of GPR and infrared methods; exploring innovative deployment of NDE technologies such as aerial infrared thermography surveys of bridge decks; and examining the implications of using deck- scanning methods towards rehabilitation and preservation decisions. With this, Mr. Carmichael has a strong focus on the practical application of NDE technologies and ability to integrate NDE results in a way that aligns with client needs and existing management systems and decision policies. EDUCATION Babson College Business Administration M.B.A., 2014 Worcester Polytechnic Institute Civil Engineering B.S. CE, 2007 ACADEMIC/ PROFESSIONAL APPOINTMENTS 2014-Present President and Operations Manager, Infrasense, Inc. 2010-2014 Project Engineer, Infrasense, Inc. 2007-2010 Staff Engineer, Infrasense, Inc. SELECT PROJECT EXPERIENCE Minnesota Pavement Thickness Survey Infrasense, Inc. has competed several subsurface pavement structure investigations for MnDOT covering over 520 lane-miles in Minnesota’s Metro and Northeast Regions using high-speed ground penetrating radar (GPR). In the Metro Region, the primary travel lane and outside shoulder were surveyed in both driving directions of the prescribed sections to detect any changes in structure across the pavement. After data collection was completed, a preliminary review of the continuous GPR data was completed to identify homogenous areas of pavement structure and locate representative locations for subsequent core sampling. On average, the GPR asphalt results were within 8.6% of the measured core thicknesses. Client: Minnesota Department of Transportation Role: Project Manager Georgia Pavement Thickness Surveys Infrasense, Inc. has competed four GPR pavement layer thickness surveys working as a subcontractor to NOVA under an on-call Architectural and Engineering Pavement Design Support Services contract with Georgia DOT. Since 2018, Infrasense has surveyed over 100 lane-miles of pavement along Interstate-85, Interstate-285, Interstate-20, and SR-400. All projects utilized a high-speed system consisting of either a 1-GHz or 2-GHz horn antenna and either a SIR-30 data acquisition system. The deliverables have included pavement layer thickness results in tabular and graphical format. Client: NOVA Role: Project Manager Virginia Pavement Thickness Surveys Infrasense, Inc. has competed seventeen GPR pavement layer thickness surveys working as a subcontractor to Wood under an on-call Pavement Evaluation and Design Engineering Services contract with Virginia DOT. Since 2015, Infrasense has surveyed over 250 lane-miles of pavement along Interstate-81, Interstate-64, Interstate-664, Interstate-464, Interstate-264, US-13, US-258, CR-602, SR- 139, and US-17. All projects utilized a high-speed system consisting of a 1-GHz horn antenna and either a SIR-20 or SIR-30 data acquisition system. The deliverables have included pavement layer thickness results in tabular and graphical format. Client: Wood Role: Project Manager Cleveland, Ohio Subsurface Pavement Evaluation Along I-90 Corridor Infrasense surveyed a 7.5-mile section of Interstate 90 using ground penetrating radar (GPR) to map: • the limits of the full depth asphalt versus the composite pavement sections • determine the thickness of asphalt and the underlying PCC pavement along each lane • identify locations of slab joints in need of repair (those with >25% deterioration) • identify locations where the underlying PCC pavement is deteriorated, and possibly in need of repair Client: PSI Role: Project Manager SELECT PUBLICATIONS Carmichael, A., Frank, W., Maser, K., Guarino, E., “Use of Ground Penetrating Radar (GPR) for Value Engineering Rehabilitation Redesign of New York State Thruway Bridge Decks” Proceedings, Structural Materials Technology, NDT Conference, 29-31 August, 2016, Portland, OR Maser, K., Carmichael, A. “Low Speed vs. Highway Speed Infrared Thermography for Bridge Deck Delamination Detection” Proceedings, Structural Materials Technology, NDT Conference, 29-31 August, 2016, Portland, OR Carmichael, A., Sorota, K., Cioffredi, N., Maser, K., “Comprehensive Nondestructive Evaluation of Las Vegas Viaduct Deck for Rehabilitation Design” Proceedings, Structural Materials Technology, NDT Conference, 29-31 August, 2016, Portland, OR Carmichael, A., Maser, K., Stevenson, J., Halloran, M., “NDT vs. NBI: Implications for Deck Maintenance and Rehabilitation” Proceedings, Structural Materials Technology, NDT Conference, 25-27 August, 2014, Washington, DC Guarino, E., Maser, K., and Carmichael, A., “Aerial vs. Vehicle-based Infrared Thermography for Bridge Deck Delamination Detection” Proceedings, Structural Materials Technology, NDT Conference, 27-29 August, 2018, New Brunswick, NJ Maser, K., Carmichael, A., Johnson, B., Keranen, P., Holdhusen, B., and Green, D., "Network Level Bridge Deck Condition Assessment in Minnesota" Proceedings, Structural Materials Technology, NDT Conference, 21-24 August, 2012, New York, NY Maser, K., Martino, N., Carmichael, A., and Birken, R., "Characterization and Detection of Bridge Deck Deterioration". IABMAS 2012: The 6th International Conference on Bridge Maintenance, Safety, and Management, 8-12 July, 2012, Lake Como, Italy. Maser, K.R, Schmalzer, P., Shaw, B., Carmichael, A., “Integration of Traffic Speed Deflectometer and Ground Penetrating Radar for Network-Level Pavement Structure Evaluation and Geodatabase Development,” Proceedings of Transportation Research Board Conference, 96th Annual Meeting, TRB ID Number 17-01661, January 8-12, 2017. Maser, K., Carmichael, A., and Weis, W., "Use of GPR for Subsurface Pavement Investigations of 23 Airports in South Carolina" Proceedings, The Ninth International Conference on the Bearing Capacity of Roads, Railways, and Airfields, 25-27 June, 2013, Trondheim, Normay Maser, K., Carmichael, A., Kutrubes, D. and Vinadalal, S. "Use of NDE Methods for Load Rating of Older Structures". Structural Materials Technology, NDT Conference, 21-24 August, 2012, New York, NY PROFESSIONAL AFFILIATIONS American Society of Nondestructive Testing (ASNT), Member of Infrastructure Committee American Society of Civil Engineers (ASCE) Boston Society of Civil Engineers (BSCE) GPR Pavement Thickness Survey – Typical Scope of Work Data collection is carried out at normal driving speed using a 1-GHz horn antenna system manufactured by GSSI, Inc. of Nashua, NH, shown in Figure 1. The vehicle is equipped with an electronic distance-measuring instrument (DMI) mounted to the rear wheel, providing synchronous distance data as the GPR data is collected; and a Trimble GPS unit, providing high-resolution, differentially corrected geo-spatial information. The data collection and recording are controlled by the SIR-30 GPR system operated from within the survey vehicle. Figure 1 – Infrasense GPR Equipment Setup GPR data is collected at driving speed along all prescribed lanes and offsets for each roadway. GPR data is collected at 1 scan per foot of travel, controlled using a wheel mounted DMI. Differentially corrected GPS data will be collected along with the GPR data. Pavements will be surveyed by Infrasense with complete coverage under the following assumptions and standard conditions: • All lanes and shoulders to be surveyed are safely accessible by vehicle. Survey areas that are restricted to authorized vehicles only will be made accessible to Infrasense for the duration of the survey. • All lanes and shoulders to be surveyed are free of excessive debris or other obstructions that create hazardous driving conditions, including disabled vehicles and closures due to roadwork. • Client will make reasonable efforts to ensure safe access to all lanes and shoulders to be surveyed, including coordination of traffic control or sweeping services to ensure a safe survey environment. In the event that any of the above conditions are not met, Infrasense will make reasonable efforts to mitigate these conditions and acquire the necessary data. However, safety is a top priority and data collection will be performed under these conditions at the discretion of Infrasense field engineers. GPS 1GHz GPR Antennas The data collected along each lane/ offset is analyzed for pavement thickness. The layer thicknesses are reported at a prescribed interval (typically 50 feet) and presented in tabular format along with associated GPS coordinates and milepost reference (see example output, Figure 4). Data analysis is semi-automated and is carried out by viewing the GPR data, identifying the significant layers, "picking" these layers, and running the thickness reports. The GPR data, when displayed in a gray scale "B-scan", reveals the pavement cross-section including the individual pavement layers. Figure 2 shows a sample of GPR data and identifies the layers. Figure 3 shows the same sample data, but with individual asphalt and base layers “picked” by the GPR analyst. The software carries out the dielectric and thickness calculations on this picked data. Determining layer structure type and understanding the significance of different types of layer boundaries is critical to generating accurate GPR pavement structure data. An experienced senior staff member will review the layer structure results generated for each pavement section by each analyst before the final results are submitted. Figure 2 – Sample Raw GPR Data Showing Bound and Unbound Layers Bottom of AC Layers Surface Bottom of Base Layer 1 Bottom of Base Layer 2 0 in - 2 in - 4 in - 6 in - 8 in - 10 in - 12 in - 14 in - 16 in - depth (in) distance (ft) AC Patch Figure 3 – Sample Raw GPR Data Showing Bound and Unbound Layers "Picked" By Analyst A sample of a tabular output is shown in Figure 4 below. This output format can be adjusted to meet the specific needs of the project. Note that the analysis permits the identification of multiple layers within each material type, such as multiple layers of asphalt, as well as multiple layers of granular base. The tabular results can be easily presented graphically as shown in Figure 5 or integrated into ArcGIS as shown in Figure 6. Figure 4 - Sample Tabular Pavement Structure Output Figure 5 - Sample Graphical Pavement Structure Output INFRASENSE QUALIFICATIONS – PAVEMENT STRUCTURE EVALUATION Infrasense specializes in the non-destructive evaluation (NDE) of highway and airfield pavements, bridge decks, and other transportation facilities. Infrasense and its staff have conducted projects for clients in all 50 US States, Canada, Europe, Asia and the Middle East. This work, including over 30,000 lane-miles of subsurface pavement evaluation, has been carried out for numerous state and federal agencies. Infrasense, Inc. brings over 100 person-years of non-destructive testing pavement data collection and processing experience. This experience, coupled with our proprietary winDecar© GPR data analysis software, facilitates accurate computation of pavement structure evaluation results that can be customized for fit specific client needs. In addition to our experience and proprietary software, Infrasense has access to a multitude of non-destructive testing systems. The vehicle-based systems, which are collected at driving speeds and synchronously with GPS coordinates, include multi-frequency GPR systems, to optimize depth of penetration and accuracy of the data, and supplementary high-definition video, which can be used to evaluate surface distress. Additionally, Infrasense utilizes point measurement methods including impact echo, portable seismic property analyzer, and impulse response. A combination of these NDT systems and propriety software enable Infrasense to detect and map the following: • pavement layer thicknesses • base material type (i.e. concrete versus aggregate base) • voids beneath pavement • stripping of asphalt pavement or debonding between asphalt pavement layers • presence of moisture in the base • density of new pavement • rebar-level corrosion/ concrete deterioration The accuracy of Infrasense's pavement structure analysis techniques and software have been extensively studied and evaluated. Infrasense has also participated in numerous research projects involving the use of NDT for pavement structure evaluation, including programs through NCHRP, FHWA, SHRP, IDEA, and numerous other state sponsored research projects. Most of these projects involved some level of QA confirmation after the NDT results were submitted. Where QA confirmations were conducted, Infrasense GPR pavement thickness results were typically within 5-10% of the core data. SELECT PAVEMENT PROJECTS Project Name (Contract No.) Pavement Structure Evaluations in Minnesota’s Districts 1, 4, 7 and Metro District (03072, 1000610, 1003108, 1026045, 1030530, 1030595, 1030787, 1031664, 1036648) Begin/End Service Dates July 2013 to July 2020 Firm's Fees on Project $457,152 Reference Amy Thorson MnDOT, District 1 218-725-2734 amy.thorson@state.mn.us DELIVERABLES KEY STAFF  Pavement Structure Evaluation report  Tabular results for pavement layer thicknesses at specified intervals (e.g., 0.1- miles)  Graphical results of pavement layers in color-coded depth scatter plot, with coring results when applicable Kenneth R. Maser, Adam Carmichael, Evan Guarino, Keith Sorota, Seth Brewster Narrative Through multiple task orders, Infrasense completed subsurface pavement structure investigations of over 1358 lane-miles in Minnesota’s Metro and Districts 1, 4, and 7 using high-speed ground penetrating radar (GPR). The GPR surveys included both driving lanes and shoulders. After data collection was completed, a preliminary review of the continuous GPR data was completed to identify homogenous areas of pavement structure and locate representative locations for subsequent core sampling. On average, the GPR asphalt results have been within 12% of the measured core thicknesses. The results of this project provide MnDOT with important decision-making information in their pavement design process. Additionally, the results of the GPR evaluations are used in construction planning to identify appropriate pavements for traffic staging during construction. The pavement structure data was collected with a single air-coupled radar antenna and was synchronized with a Global Positioning System (GPS) to provide coordinate locations for the detected pavement thicknesses. Data collection was performed at driving speeds allowing traffic to flow without any disruption. Pavement structure results were provided in geospatial, tabular, and graphical formats Project Name (Contract No.) GPR Pavement Thickness Survey of Inver Grove Heights, MN Roadways (ESP031598P) Begin/End Service Dates September 2019 to November 2019 Firm's Fees on Project $32,500 Reference Brian Nehring Element Materials Technology 651-645-3601 x37212 Brian.nehring@element.com DELIVERABLES KEY STAFF  Pavement Structure Evaluation report  Tabular results for pavement layer thicknesses Kenneth Maser, Ryan Grover, Sasha Varnavina Narrative The goal of this project was to evaluate pavement thickness of 431 roadway segments totaling 135 lane-miles of urban and rural roadways in the city of Inver Grove Heights, Minnesota. The sections were grouped into 52 routes to minimize dead heading. A two-person crew (a driver/navigator and GPR system operator) completed the vehicle-based survey over a span of two days, using a 1-GHz frequency antenna. GPR data was collected at a rate of 1 scan per foot, and all scans were linked to GPS coordinates. 50 cores and 22 borings were provided by the client, and served as ground truth backup to the GPR layer thickness analysis. Having cores is not imperative to pavement thickness analysis but helps to identify the material in each layer and further calibrate the thickness results. The pavement thickness results reported asphalt and base layer thicknesses every 5 feet of roadway, with the associated GPS coordinates. Project Name (Contract No.) GPR Pavement Thickness Survey of Primary Roads in Georgia Begin/End Service Dates January 2020 to Present Firm's Fees on Project $270,793 Reference Marc Johnston NOVA 678-471-0722 mjohnston@usanova.com DELIVERABLES KEY STAFF  Pavement Structure Evaluation reports  Georeferenced tabular results for pavement layer thicknesses  Core samples at 185 locations Kenneth R. Maser, Adam Carmichael, Evan Guarino, Ryan Grover Narrative Infrasense performed several pavement surveys on approximately 381 lane-miles of state or Interstate highways in order to characterize the pavement structure. Projects ranged in scope, from 1 mile of a bi- directional state highway to an 11-mile section of Interstate highway comprised of 6 lanes in each direction. For each project, data was collected using a dedicated survey vehicle stationed in the Southeast U.S., equipped with vehicle-mounted ground penetrating radar (GPR) operated at normal driving speeds with no lane closures or disruptions to traffic. GPR data was collected synchronously with GPS data to present pavement structure results with high resolution geospatial information. In some cases, the GPR pavement data was also reviewed to identify and map potential areas of voids or moisture in the base and subgrade layers. For many pavement projects, cores are provided by the client so that the GPR data can be properly calibrated for higher accuracy. Across 4 of the 8 projects, 185 cores were provided to Infrasense and after performing calibrations to the GPR data, the pavement thickness results were within 9% of the measured core values on average. Project Name Roadway Structure Evaluation of 1035 Miles in East Idaho (District 6) Begin/End Service Dates September 2015 to December 2018 Firm's Fees on Project $895,600 Reference Mark Layton Idaho Transportation Department 208-745-5626 Mark.layton@itd.idaho.gov DELIVERABLES KEY STAFF  Pavement Structure Evaluation report  Tabular results for pavement layer thicknesses at TSD reporting locations  Bridge deck condition maps and quantities  Core samples for validation of pavement structure  Remaining life, structural Number, subgrade resilient modulus values  All results submitted within ArcGIS compatible format (MPK) for IPAN integration Kenneth R. Maser, Adam Carmichael, Evan Guarino, Keith Sorota, Seth Brewster, Ryan Grover Narrative Infrasense developed a roadway structure database to assist the Idaho Transportation Department (ITD) in its future project planning and design efforts and to ultimately advance the condition of the roadway to an acceptable level. The project included collection and analysis of ground penetrating radar (GPR), falling weight deflectometer (FWD), and traffic speed deflectometer (TSD) data. This nondestructive test data was complemented with data from direct boring and core sampling. The analysis of all collected datasets resulted in a geodatabase that includes layer thickness, layer moduli, structural number, and calculated remaining life estimates at 0.01-mile increments. 2021 Rate Schedule WSBENG.COM Billing Rate/Hour PRINCIPAL | ASSOCIATE $154 - $197 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $154 - $197 PROJECT MANAGER $137 - $152 PROJECT ENGINEER | GRADUATE ENGINEER $92 - $150 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $59 - $148 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $71 - $152 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $59 - $147 PLANNER | SR. PLANNER $71 - $152 GIS SPECIALIST | SR. GIS SPECIALIST $71 - $152 CONSTRUCTION OBSERVER $95 - $121 SURVEY One-Person Crew $152 Two-Person Crew $199 Three-Person Crew $214 OFFICE TECHNICIAN $54 - $95 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. 2022 CITY PAVEMENT REHABILITATION CITY PROJECT 22-01 REQUEST FOR PROPOSALS Page 1 of 8 I. INTRODUCTION The City of Chanhassen is issuing this Request for Proposals (RFP) for professional services necessary to obtain preliminary reports to allow the City to successfully scope and have the rehabilitation project area designed. In general, the project includes: soil borings, gradations, soil classifications, ground penetrating radar (GPR) data collection, and geotechnical evaluations and recommendations for road design. As-built construction record drawings are available upon request to assist in the preparation of proposals. A. RFP Content. This RFP contains the following sections: I. Introduction II. Project Information III. Proposal B. Addenda/Clarifications. Any changes to this RFP will be made by written addendum. Verbal modification will not be binding. C. Pre-Contractual Expenses. The City will not be responsible for any pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by the Consultant in: 1. Preparing its proposal in response to this RFP; 2. Submitting that proposal to the City of Chanhassen; 3. Negotiating with the City of Chanhassen any matter related to this proposal; or 4. Any other expenses incurred by the Consultant prior to the date of execution of the Proposed Agreement. D. Contract Award. Issuance of this RFP and receipt of proposals does not commit the City of Chanhassen to award a contract. The City of Chanhassen reserves the right to postpone the opening for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with other than the selected Consultant should negotiations with the selected be terminated, to negotiate with more than one Consultant simultaneously, or to cancel all or part of this RFP. E. Contact Person. The Consultant's contact for specific questions regarding information in this proposal is Matt Petite, City of Chanhassen, 7700 Market Boulevard, P.O. Box 147, Chanhassen MN 55317, (612) 358-7085, mpetite@ci.chanhassen.mn.us. Page 2 of 8 II. PROJECT INFORMATION A. Project Area and Identified Improvements. LONGACRES DRIVE AREA The project area lies on the east side of Lake Minnewashta between TH 41 (Hazeltine Blvd) and CR 117 (Galpin Blvd). Approximately 2.32 miles of roads are scheduled to be rehabilitated in 2022 along with select curb and gutter replacement and limited utility improvements. The mapping for the Longacres area has been broken down to three areas (East, West, and South). LONGACRES DRIVE AREA (EAST) Page 3 of 8 LONGACRES DRIVE AREA (WEST) LONGACRES DRIVE AREA (SOUTH) Page 4 of 8 CURRY FARMS PARK AREA The project area lies on the north side of Lake Lucy Rd between CR 117 (Galpin Blvd) and CSAH 17 (Powers Blvd). Approximately 0.93 miles of roads are scheduled to be rehabilitated in 2022 along with select curb and gutter replacement and limited utility improvements. Page 5 of 8 MULBERRY CIRCLE AREA The project area lies on the south side of Lake Lucy Rd between CR 117 (Galpin Blvd) and CSAH 17 (Powers Blvd). Approximately 0.57 miles of roads are scheduled to be rehabilitated in 2022 along with select curb and gutter replacement and limited utility improvements. Page 6 of 8 STONECREEK PARK AREA The project area lies east of CSAH 15 (Galpin Blvd) and north of CSAH 18 (Lyman Blvd). Approximately 1.48 miles of roads are scheduled to be rehabilitated in 2022 along with select curb and gutter replacement and limited utility improvements. B. Project Scope. The objective is to perform soil borings, gather GPR data, and provide geotechnical evaluations and recommendations for roadway rehabilitation design. Temporary traffic control shall be incidental to the project. This project shall provide the following: 1. Continuous GPR data collection for each travel lane of roadway. Results shall be presented along stationing from a singular direction for each travel lane. 2. Preferred locations for the work shall be coordinated with the City. The locations indicated are conceptual in nature. Forty-five (45) flight auger soil borings to 10 foot depth (to include pavement cores), and Fifty-two (52) additional pavement cores. All borings and pavement cores shall be centered within vehicle wheel paths in the travel lanes. Page 7 of 8 3. Gradation and depth of aggregate base section in the soil boring locations. 4. Classification of the sub-soils in the soil borings. 5. Evaluation and design recommendations, including photo documentation of core samples. 6. Draft and final project reports. 7. Responding to questions regarding the final report during the design of the project. C. Project Schedule. The City would prefer this work completed as soon as possible to allow for substantial design time for the project including unforeseen complications. Include a schedule of when all the work would be completed, including submission of a draft report by 4:00 pm, August 13, 2021, and for delivering a final product to the City by 4:00 pm, September 3, 2021. This work shall be completed by July 30, 2021. Allow for one (1) week of review time and coordination for the City to review the draft report. III. PROPOSAL A. Submission of Proposal. Submit the proposal electronically to: Matt Petite, Construction Manager mpetite@ci.chanhassen.mn.us City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Proposals shall be received by 4:00 pm, Friday, May 28, 2021. Proposals received after this time will not be accepted. B. Proposal Format. Proposals shall be formatted for 8½" x 11" paper, with all text clear of binding. Use of 11" x 17" format for large tables, charts or diagrams is permissible but shall be limited. The proposal shall be clear and understandable when reproduced in black and white. Include, at a minimum, the following: 1. Identification of the offering firm(s), including name, address and telephone number of each firm. 2. Acknowledgement of receipt of RFP addenda, if any, and 3. Name, title, address, email address and telephone numbers of contact person to use during period of proposal evaluation. Page 8 of 8 C. Consultant Team. Identify all team members and areas of responsibility. Resumes shall be included in the proposal. D. Understanding of the Project. The Consultant shall provide a brief, concise description that demonstrates the Consultant's understanding of the project and what needs to be done to successfully complete the work scope. Discuss familiarity of the consultant team members with respect to previous efforts in working with the City. This section shall not be more than one page. E. Consultant Fee. Costs shall be broken out by; soil borings including pavement cores, pavement cores, gradations, GPR per stationed LF (includes all travel lanes), and a line item for oversight. The estimate shall clearly identify any additions and reimbursable expenses. A total cost, not to be exceeded, for all work shall be included. F. Exceptions and Deviations. The Consultant may include other services outside the scope of this proposal that the firm feels maybe needed. The Consultant also may propose cost- saving items. Any exceptions to the requirements in this RFP, including the language in the contractual terms, must be included in the proposal. If the Consultant proposes changes to the scope of work, include a description, reason for the change and added/deducted engineering costs. Segregate all exceptions as a separate element of the proposal under the heading "Exceptions and Deviations". ||||||||||||||||||||||||||||As-Built: 88-05-006 Installed: 1988 Cartegraph Installation: 6/1/1988 2020 PCI: 39.32 As-Built: 87-16-009 Installed: 1987 Cartegraph Installation: 6/1/1988 2020 PCI: 46.1 As-Built: 87-16-009 Installed: 1987 Cartegraph Installation: 6/1/1988 2020 PCI: 41.72 As-Built: 88-05-008 Installed: 1988 Cartegraph Installation: 6/1/1993 2020 PCI: 39.55 As-Built: 87-16-009 Installed: 1987 Cartegraph Installation: 6/1/1988 2020 PCI: 58.86 As-Built: 88-05-006 Installed: 1988 Cartegraph Installation: 6/1/1989 2020 PCI: 32.17 As-Built: 87-16-009 Installed: 1987 Cartegraph Installation: 6/1/1988 2020 PCI: 50.58 As-Built: 87-16-010 Installed: 1987 Cartegraph Installation: 6/1/1988 2020 PCI: 35.55 As-Built: 87-16-009 Installed: 1987 Cartegraph Installation: 6/1/1988 2020 PCI: 42.48 As-Built: 88-05-008 Installed: 1988 Cartegraph Installation: 6/1/1989 2020 PCI: 29.12 As-Built: 87-16-010 & 88-05-006 Installed: 1987 & 1988 Cartegraph Installation: 6/1/1988 2020 PCI: 39.32 Christmas Lake Lake Lucy RdCharingBndLakewayCt TreetopRdM ulberryCirArlington CtPointeLakeLucyWelsley CtTetonLnDe v o ns hi re Dr PleasantViewRd Ashton Ct PeacefulLnBrettonWayPleasantV ie wCvKnobHillLn StrattonCt Shadow LnST17PowersBlvd ||2022 CIP Street Parcel Boundaries :0 575 Feet ||||||||||||||||||As-Built: 97-02-004 Installed: 1998 Cartegraph Installation: 6/1/1999 2020 PCI: 65.86 As-Built: 96-02-003 Installed: 1996 Cartegraph Installation: 6/1/1997 2020 PCI: 73.48 As-Built: 97-03-004 and 99-15-003 Installed: 1998 and 1999 Cartegraph Installation: 8/15/2000 2020 PCI: 62.34 As-Built: 97-03-005 Installed: 1998 Cartegraph Installation: 6/1/1998 2020 PCI: 48.24 As-Built: 96-02-003 and 97-03-005 Installed: 1996 and 1998 Cartegraph Installation: 6/1/1997 2020 PCI: 60.79 As-Built: 92-05-010, 92-05-011, and 93-28-002 Installed: 1994 and 1995 Cartegraph Installation: 6/1/1996 2020 PCI: 35.38 As-Built: 92-05-010 and 93-28-002 Installed: 1994 and 1995 Cartegraph Installation: 6/1/1996 2020 PCI: 29.34 As-Built: 92-05-011, 93-28-002, and 96-07-004 Installed: 1994, 1995, and 1996 Cartegraph Installation: 6/1/1996 2020 PCI: 35.38 As-Built: 93-28-003 and 96-02-003 Installed: 1995 and 1996 Cartegraph Installation: 6/1/1997 2020 PCI: 64.33 As-Built: 95-10-004, 96-03-003, and 97-02-002 Installed: 1995, 1996, and 1998 Cartegraph Installation: 6/1/1999 2020 PCI: 63.32 Lake Harrison Pearl Dr Harrison Hill Ct Rogers Ct LongacresDr Paisley CtRedFoxCir FawnHillRdHarrisonHillTrlPai s l ey PathPurp le PkwyNorthwoodCtLodgepolePtHunterDr Gunf l i nt Trl Al phabet StLake Ann Park Preserve GalpinBlvdGH117 ||2022 CIP Street Parcel Boundaries :0 575 Feet ||||||||||||||||||||||||As-Built: 94-07-004 Installed: 1994 Cartegraph Installation: 1/1/1994 2020 PCI: 33.5 As-Built: 95-10-003 Installed: 1995 Cartegraph Installation: 6/1/1996 2020 PCI: 34.57 As-Built: 96-02-003Installed: 1996Cartegraph Installation: 6/1/19972020 PCI: 73.48 As-Built: 95-18-003 Installed: 1996 Cartegraph Installation: 6/1/1997 2020 PCI: 62.49 As-Built: 95-10-004 Installed: 1995 Cartegraph Installation: 6/1/1996 2020 PCI: 36.79 As-Built: 92-05-010, 92-05-011, and 93-28-002Installed: 1994 and 1995 Cartegraph Installation: 6/1/1996 2020 PCI: 35.38 As-Built: 92-05-010 and 93-28-002 Installed: 1994 and 1995 Cartegraph Installation: 6/1/1996 2020 PCI: 29.34 As-Built: 95-18-003 Installed: 1996 Cartegraph Installation: 6/1/1997, 11/14/2016, and 9/1/2017 2020 PCI: 36.45 and 96.76 As-Built: 94-07-005 and 95-10-003 Installed: 1994 and 1995 Cartegraph Installation: 6/1/1996 2020 PCI: 35.14 As-Built: 93-28-003 and 95-18-003 Installed: 1995 and 1996 Cartegraph Installation: 6/1/1997 2020 PCI: 41.26 As-Built: 95-10-004, 96-03-003, and 97-02-002 Installed: 1995, 1996, and 1998 Cartegraph Installation: 6/1/1999 2020 PCI: 63.32 Br i n ker St Ridgeview Wa yF a w nH illR dSouthern C t Walnut Curv Tulip CtLongacr e s Dr Mo cc a si n Trl Bentz Ct Ri d ge vi ewPtF awnHill Ct PaisleyPath MajesticWayB entBowTrlHunterDr Bluff Creek Preserve Lake Ann Park Preserve Galpin BlvdGH117 ||2022 CIP Street Parcel Boundaries :0 575 Feet ||||||||||||||||||||||||||As-Built: 97-02-004 Installed: 1998 Cartegraph Installation: 6/1/1999 2020 PCI: 65.86 As-Built: 94-07-004 Installed: 1994 Cartegraph Installation: 1/1/1994 2020 PCI: 33.5 As-Built: 97-02-004 Installed: 1998 Cartegraph Installation: 6/1/1999 2020 PCI: 51.36 As-Built: 97-02-004 Installed: 1998 Cartegraph Installation: 6/1/1999 and 6/1/2005 2020 PCI: 56.09 and 92.1 As-Built: 97-03-005 Installed: 1998 Cartegraph Installation: 6/1/1998 2020 PCI: 48.24 As-Built: 94-07-005 Installed: 1994 Cartegraph Installation: 6/1/1995 2020 PCI: 38.05 As-Built: 94-07-004 Installed: 1994 Cartegraph Installation: 6/1/1995 2020 PCI: 42.18 As-Built: 92-05-010, 92-05-011, and 93-28-002 Installed: 1994 and 1995 Cartegraph Installation: 6/1/1996 2020 PCI: 35.38 As-Built: 94-07-005 and 95-10-003 Installed: 1994 and 1995 Cartegraph Installation: 6/1/1996 2020 PCI: 35.14 As-Built: 93-28-003 and 95-18-003 Installed: 1995 and 1996 Cartegraph Installation: 6/1/1997 2020 PCI: 41.26 As-Built: 92-05-011, 93-28-002, and 96-07-004 Installed: 1994, 1995, and 1996 Cartegraph Installation: 6/1/1996 2020 PCI: 35.38 As-Built: 93-28-003 and 96-02-003 Installed: 1995 and 1996 Cartegraph Installation: 6/1/1997 2020 PCI: 64.33 As-Built: 95-10-004, 96-03-003, and 97-02-002 Installed: 1995, 1996, and 1998 Cartegraph Installation: 6/1/1999 2020 PCI: 63.32 GunflintCt Southern C t Bent BowTrlLongacresDr Mo cc a si n Trl Gunfli nt Tr l HarrisonHillTrlHunt er Dr Ar rowheadLn Hil l sdaleCtBluff Creek Preserve SA41 H a z e ltin e B lvd ||2022 CIP Street Parcel Boundaries :0 575 Feet |||||||||||As-Built: 87-16-011 Installed: 1987 Cartegraph Installation: 6/1/1988 2020 PCI: 63.92 As-Built: 91-14-002 Installed: 1992 Cartegraph Installation: 6/1/1993 2020 PCI: 37.84 As-Built: 91-14-002 Installed: 1992 Cartegraph Installation: 6/1/1993 2020 PCI: 39.21 As-Built: 91-14-002 Installed: 1992 Cartegraph Installation: 6/1/1993 2020 PCI: 42.09 As-Built: 93-04-002 Installed: 1993 Cartegraph Installation: 6/1/1994 2020 PCI: 37.84 Lake Lucy Carver Beach RdCharing BndLake Lucy Rd Arlington CtMulberryCi rShadow LnShenendoahDevonshireDr Chaparral LnTreetop RdHe a t h e r C tGolden CtPointeLakeLucy Mu l b e rryCirEST17Powers Blvd||2022 CIP Street Parcel Boundaries :0 460 Feet ||||||||||||||||||||As-Built: 94-02-007 Installed: 1994 Cartegraph Installation: 6/1/1996 2019 PCI: 26.08 As-Built: 92-09-005 Installed: 1993 Cartegraph Installation: 6/1/1995 2019 PCI: 41.22 As-Built: 94-02-006 Installed: 1994 Cartegraph Installation: 6/1/1998 2018 PCI: 38.53 As-Built: 92-09-005 Installed: 1993 Cartegraph Installation: 6/1/1995 2019 PCI: 29.85 As-Built: 94-16 & 95-12-005 Installed: 1995 Cartegraph Installation: 6/1/1997 2019 PCI: 36.41 As-Built: 94-02-006 Installed: 1994 Cartegraph Installation: 6/1/1996 2019 PCI: 32.22 As-Built: 94-16 & 95-12-004 Installed: 1995 Cartegraph Installation: 6/1/1997 2019 PCI: 38.62 As-Built: 94-16 & 95-12-004 and 94-16 & 95-12-005 Installed: 1995 Cartegraph Installation: 6/1/1997 2019 PCI: 39.49 As-Built: 92-09-005, 94-02-005, and 94-02-006 Installed: 1993 and 1994 Cartegraph Installation: 6/1/1996 2019 PCI: 30.45 As-Built: 91-17A-018, 91-17A-019, 91-17A-020, 92-09-004, 93-17-002, 93-30-002 , and 94-02-007 Installed: 1993 and 1994 Cartegraph Installation: 6/1/1995 2019 PCI: 34.29 TimberwoodDrStoneCreekCtGalpin Ct S to n e Cr e e k DrStoneCreek RdStoneCreekLnW StoneCreekLnE Bo ul der Rd ST18 ST15 Bluff Creek Preserve Independent School District 11Galpin BlvdLymanBl vd||2022 CIP Street Parcel Boundaries :0 575 Feet CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Approve Privately Owned Stormwater Management Facility Operations & Maintenance Agreement with 10160 Trails End Road Section CONSENT AGENDA Item No: D.6. Prepared By Matt Unmacht, Water Resources Coordinator File No:  PROPOSED MOTION “The City Council authorizes execution of an Operations and Maintenance Agreement with the Subject Property Owner at 10160 Trails End Road for the purposes of perpetual obligation by the Subject Property Owner to maintain a pervious paver system on the property.” Approval requires a Simple Majority Vote of members present. BACKGROUND The subject property owner is proposing a pervious paver system as an extension to their existing patio to allow for additional impervious surface on the property over the amount allowed by City Code. Pervious pavers differ from typical paved surfaces and other paver systems in that they allow for stormwater to pass through the oversized paver joints into a granular soil medium system underneath rather than as direct runoff. The stormwater that filters through the granular media either infiltrates into the ground below the entire system or is collected into a drain tile and outlets away from the system, depending on underlying soil type. Properly designed, installed, and maintained pervious paver systems have the capacity to allow for stormwater detention and/or infiltration. When not properly designed, installed, and/or maintained, these systems could fail to facilitate the required detention and/or infiltration of stormwater as designed. As such, it is important to ensure that an operations and maintenance agreement is in place with the subject property owner. Said agreement shall require the paver design and installation to conform to manufacturer guidelines and stipulate the frequency and type of maintenance to be performed. DISCUSSION In accordance with the City Code, Sec. 20­921(4)a, the owner of a pervious paver system must enter into an operation and maintenance (O&M) agreement with the City to ensure the system performs as designed in perpetuity. The attached O&M was developed by City Staff and Attorney as part of this specific pervious paver permit. The subject property owners at 10160 Trails End Road have signed and agreed to the attached agreement. RECOMMENDATION CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectApprove Privately Owned Stormwater Management Facility Operations & MaintenanceAgreement with 10160 Trails End RoadSectionCONSENT AGENDA Item No: D.6.Prepared By Matt Unmacht, Water ResourcesCoordinator File No: PROPOSED MOTION“The City Council authorizes execution of an Operations and Maintenance Agreement with the Subject PropertyOwner at 10160 Trails End Road for the purposes of perpetual obligation by the Subject Property Owner tomaintain a pervious paver system on the property.”Approval requires a Simple Majority Vote of members present.BACKGROUNDThe subject property owner is proposing a pervious paver system as an extension to their existing patio to allow foradditional impervious surface on the property over the amount allowed by City Code. Pervious pavers differ fromtypical paved surfaces and other paver systems in that they allow for stormwater to pass through the oversized paverjoints into a granular soil medium system underneath rather than as direct runoff. The stormwater that filters through thegranular media either infiltrates into the ground below the entire system or is collected into a drain tile and outlets awayfrom the system, depending on underlying soil type.Properly designed, installed, and maintained pervious paver systems have the capacity to allow for stormwaterdetention and/or infiltration. When not properly designed, installed, and/or maintained, these systems could fail tofacilitate the required detention and/or infiltration of stormwater as designed. As such, it is important to ensure that anoperations and maintenance agreement is in place with the subject property owner. Said agreement shall require thepaver design and installation to conform to manufacturer guidelines and stipulate the frequency and type ofmaintenance to be performed.DISCUSSIONIn accordance with the City Code, Sec. 20­921(4)a, the owner of a pervious paver system must enter into anoperation and maintenance (O&M) agreement with the City to ensure the system performs as designed in perpetuity.The attached O&M was developed by City Staff and Attorney as part of this specific pervious paver permit. Thesubject property owners at 10160 Trails End Road have signed and agreed to the attached agreement. RECOMMENDATION Staff recommends approving the execution of the O&M agreement with the Subject Property Owner. ATTACHMENTS: O&M Agreement CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Resolution 2021­XX: Approve Copier Lease Agreement Section CONSENT AGENDA Item No: D.7. Prepared By Rick Rice, IT Manager File No:  PROPOSED MOTION "The City Council approves the 5­year lease agreement for four Konica Minolta copiers from Marco Business Systems with a total 5­year lease cost of $44,100, and an estimated total 5­year service cost of $39,000, which is based on the actual number of pages printed." Approval requires a Simple Majority Vote of members present. BACKGROUND In 2013 the City purchased three new copiers from Marco Business Systems for use in City Hall. These were to replace the existing inventory of copiers that were then on individual maintenance programs from three different vendors. An additional replacement copier was purchased in 2016 for the Public Works Facility and added to the maintenance plan with Marco Business Systems. These new machines were scheduled in the Capital Improvement Plan (CIP) to be replaced after 5 years beginning with the Administration copier. The actual replacement schedule was delayed until 2021. A committee of City staff members from each City department was formed to review and select replacement copiers. After reviewing equipment and proposals from three different vendors, the committee recommended staying with the Konica Minolta brand copiers from Marco Business Systems for the City.  The copier replacements were scheduled in the CIP as direct purchases, one each year for four years. A leasing option was chosen as this will allow for the replacement of all copiers this year and will still fit within the scheduled purchase cost in the CIP for years 1 thru 4. Additional funding will need to be added for the final year. The  total cost of leasing four copy machines over five years is $44,100. This amount does not include the maintenance costs which are based on the total number of color and black and white pages printed each month. On the existing copier that cost is .009539 for black and white pages, and .053685 for color pages. These costs will be .005 for black and white pages, and .04 for color pages on the new leased copiers.  RECOMMENDATION Staff recommends the City Council approves the 5­year lease agreement for four Konica Minolta copiers from Marco Business Systems with a total 5­year lease cost of $44,100, and an estimated total 5­year service cost of $39,000, which is based on the actual number of pages printed.  CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectResolution 2021­XX: Approve Copier Lease AgreementSectionCONSENT AGENDA Item No: D.7.Prepared By Rick Rice, IT Manager File No: PROPOSED MOTION"The City Council approves the 5­year lease agreement for four Konica Minolta copiers from Marco BusinessSystems with a total 5­year lease cost of $44,100, and an estimated total 5­year service cost of $39,000, which isbased on the actual number of pages printed."Approval requires a Simple Majority Vote of members present.BACKGROUNDIn 2013 the City purchased three new copiers from Marco Business Systems for use in City Hall. These were toreplace the existing inventory of copiers that were then on individual maintenance programs from three differentvendors. An additional replacement copier was purchased in 2016 for the Public Works Facility and added to themaintenance plan with Marco Business Systems. These new machines were scheduled in the Capital ImprovementPlan (CIP) to be replaced after 5 years beginning with the Administration copier. The actual replacement schedule wasdelayed until 2021.A committee of City staff members from each City department was formed to review and select replacement copiers.After reviewing equipment and proposals from three different vendors, the committee recommended staying with theKonica Minolta brand copiers from Marco Business Systems for the City. The copier replacements were scheduled in the CIP as direct purchases, one each year for four years. A leasing optionwas chosen as this will allow for the replacement of all copiers this year and will still fit within the scheduled purchasecost in the CIP for years 1 thru 4. Additional funding will need to be added for the final year. The  total cost of leasingfour copy machines over five years is $44,100. This amount does not include the maintenance costs which are basedon the total number of color and black and white pages printed each month. On the existing copier that cost is.009539 for black and white pages, and .053685 for color pages. These costs will be .005 for black and white pages,and .04 for color pages on the new leased copiers. RECOMMENDATIONStaff recommends the City Council approves the 5­year lease agreement for four Konica Minolta copiers from Marco Business Systems with a total 5­year lease cost of $44,100, and an estimated total 5­year service cost of $39,000, which is based on the actual number of pages printed.  ATTACHMENTS: Resolution Konica Copier Quote ­ Marco Business Toshiba Copier Quote ­ Toshiba Business Systems Sharp Copier Quote ­ DTS CIP ­ EQ­127 ­ Copiers Copier Cost Spreadsheet CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: June 21, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING A 5-YEAR LEASE AGREEMENT FOR FOUR KONICA COPY MACHINES FROM MARCO BUSINESS SYSTEMS WHEREAS, the three Konica copy machines located in City Hall are now 8 years old and the Konica copier located at Public Works is now 5 years old; and WHEREAS, and the existing copy machines were scheduled in the CIP to be replaced in the 5 to 7 year range; and WHEREAS, a committee of City staff reviewed multiple copier vendors and manufacturers and recommended continuing with Konica Minolta copiers using the existing vendor Marco Business Systems; and WHEREAS, the quote received from Marco Business Systems for a 5- year lease is a nationally bid contract fulfilling the city purchasing policy; and WHEREAS, the lease of these copiers will not exceed the scheduled replacement cost in the Capital Improvement Program. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, as follows: The City Council approves the 5- year lease agreement from Marco Business Systems for replacement Konica Minolta copy machines at City Hall and Public Works with a total lease cost of $44,100 and an estimated total 5-year service cost of $39,000, which is based on the actual number of pages printed. Passed and adopted by the Chanhassen City Council this 12th day of July, 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT © 2017 MARCO. ALL RIGHTS RESERVED. MARCONET.COM | 1 PROPOSAL A Proposal for: Client Name: RICK RICE Company Name: CITY OF CHANHASSEN Address: 7700 MARKET BLVD CHANHASSEN, State 55317--836 Phone: (952) 227-1100 Email: rrice@ci.chanhassen.mn.us Date: Tuesday, July 06, 2021 Expiration Date: Prepared By: Rep Insert Pic Here Technology Advisor: Curtis Thompson Phone: 651-288-6944 Email: curt.thompson@marconet.com Web: www.marconet.com COPIER/PRINTER RECOMMENDATION © 2017 MARCO. ALL RIGHTS RESERVED. MARCONET.COM | 2 PROPOSAL RECOMMENDED PRINT SOLUTION ITEM DESCRIPTION QUANTITY AA7R011 KONICA C450i 45 -PPM COLOR MFP 3 ACKN011 KONICA C750i 75 -PPM COLOR MFP 1 Specifications ▪ 45 Black and White Pages Per Minute ▪ 45 Color Pages Per Minute ▪ 300 Sheet Single Pass Document Feeder ▪ 100 Sheet Bypass Tray ▪ (2) 500 Sheet Paper Tray ▪ (1) 2,500 internal LCT ▪ Reduction Enlargement Capabilities ▪ Automatic Duplexing ▪ Network Printing ▪ Network Scanning ▪ Stapling Finisher ▪ *Optional 3 Hole Punch ▪ Fax Board ▪ Scan to E-Mail/Network Folder Specifications ▪ 75 Black and White Pages Per Minute ▪ 70 Color Pages Per Minute ▪ 300 Sheet Single Pass Document Feeder ▪ 100 Sheet Bypass Tray ▪ (2) 500 Sheet Paper Tray ▪ (1) 2,500 Internal LCT ▪ (1) 3,000 Sheet Side LCT ▪ Reduction Enlargement Capabilities ▪ Automatic Duplexing ▪ Network Printing ▪ Network Scanning ▪ Stapling 50 Sheet Booklet Finisher ▪ 3 Hole Punch ▪ Fax Board ▪ Scan to E-Mail/Network Folder PROPOSAL © 2017 MARCO. ALL RIGHTS RESERVED. MARCONET.COM | 3 PROPOSAL LEASE PROGRAM Leasing allows you to build equity in your new digital system without paying the initial capital investment. Marco offers flexible lease plans to accommodate your budget. Following are lease options for your consideration: ▪ 60 Month Lease ......................................................................................................... $735.00/Month ▪ *Optional 3 Hole Punch on C450I Machines…………………………………………………………..$6.51 each/Month ▪ *Optional Scan to Word, Excel, Searchable PDF License (LK-110V2 i-option)………..$8.08 each/Month • One time Lease Origination Fee $75.00 DELIVERY, INSTALLATION, INITIAL SUPPLIES AND INITIAL TRAINING Delivery, Installation, Initial Supplies & Initial Training ................................................................................. Included SERVICE AND SUPPLIES The service and supply contract includes all parts, labor, mileage, drums, toner, developer & Staples—except paper. SERVICE & SUPPLIES .........................................................................................................................$650.00 ▪ Black and White Prints included per Month: 10,000 ▪ Black and White Print Overage: $0.005 /Print ▪ Color Prints included per Month: 15,000 ▪ Color Print Overages: $0.04 /Print Contract Review every 6 months and can adjust when needed. Service Rates will be locked for the term of the agreement. Supply Freight Fees are included. Accepted by: Date: By signing this proposal, you are authorizing Marco Technologies LLC to order, install and invoice the above listed equipment. CAPITAL REQUEST 2021 thru 2025 City of Chanhassen, MN Equipment PROJECT #5-7 Years PROJECT NAME $46,000 DESCRIPTION JUSTIFICATION Expenditures PRIOR TOTAL 2021 2022 2023 2024 2025 TOTAL FUTURE TOTAL $18,500 $9,000 $9,000 $9,500 $0 $46,000 Funding Sources PRIOR TOTAL 2021 2022 2023 2024 2025 TOTAL FUTURE TOTAL Certificate of Indebtednes $18,500 $9,000 $9,000 $9,500 $0 $46,000 OPERATIONAL IMPACT/OTHER Richard Rice MIS EQ-127 Copier Replacements 400-4109-4703 Priority: Contact: Department: Type: Useful Life: Category: Total Project Cost: Funds the replacement of departmental copiers. Copiers were previously part of individual department budgets but were moved to the MIS CIP budget per the Finance Director in 2012. The city has 4 mulifunction departmental copiers located in City Hall, and the Public Works facility. The three copiers located at City Hall were replaced in 2013 and are under a shared maintenance plan. A new color copier was purchased in 2016 to replace a black and white copier and a color printer at the Public Works. Replacement units will be ordered when maintenance becomes an issue. DEPT ITEM YR Purchased Admin Konica Bizhub C754 2013 Bldg Konica Bizhub C454 2013 Eng Konica Bizhub C454 2013 PW Konica Bizhub 250 2016 Maintenance and supplies are funded from account 101-1170-4110, city equipment rental. \\cfs5\cfs5\Shared_Data\MIS\BUDGET\Capitol Budget\2021 - 2025 CIP\EQ-127 Copier Replacements\EQ-127 2021 - 2025 Copiers.xlsx Dept Item Description Purchased Cost 2021 2022 2023 2024 2025 2026 Adm Konica Bizhub C754 2013 18,238.68$ 18,500.00$ 18,500.00$ Bld Konica Bizhub C454 2013 8,863.00$ 9,000.00$ $ Eng Konica Bizhub C454 2013 8,864.00$ 9,000.00$ PW Konica Bizhub C454e 2016 9,500.00$ 9,500.00$ ANNUAL TOTALS $18,500.00 $9,000.00 $9,000.00 $9,500.00 $0.00 $18,500.00 EQ-127 COPIERS \\cfs5\cfs5\Shared_Data\MIS\BUDGET\Capitol Budget\2021 - 2025 CIP\EQ-127 Copier Replacements\EQ-127 2021 - 2025 Copiers.xlsx2 Budget Year 2021 Budget Period 2021 thru 2025 LEASE / RENTAL COSTS Marco Toshiba DTS Aggreement Type Lease Rental Lease Aggement Length - Months 60 60 60 Monthly Lease / Rental Cost 735.00$ 676.81$ 1,267.00$ Annual Lease / Rental Cost 8,820.00$ 8,121.72$ 15,204.00$ Cost - Length of Lease 44,100.00$ 40,608.60$ 76,020.00$ SERVICE COSTS Marco Toshiba DTS Monthly Service Cost / Page / BW 0.005 0.0041 0.0035 Monthly Service Cost / Page / Color 0.04 0.0385 0.0035 Monthly Estimate BW Pages 10,000 10,000 10,000 Monthly Estimate Color Pages 15,000 15,000 15,000 Monthly Cost - BW 50.00$ 41.00$ 35.00$ Monthly Cost - Color 600.00$ 577.50$ 52.50$ Total Monthly Cost 650.00$ 618.50$ 87.50$ Total Annual Cost 7,800.00$ 7,422.00$ 1,050.00$ Total Service Cost - Length of Lease 39,000.00$ 37,110.00$ 5,250.00$ Other One Time Fees Marco Toshiba DTS Lease Registration 75.00$ -$ 0.00$ Totals 75.00$ -$ 0.00$ TOTAL COST - LEASE AND SERVICE Marco Toshiba DTS Total Monthly Cost 1,385.00$ 1,295.31$ 1,354.50$ Total Annual Cost 16,620.00$ 15,543.72$ 16,254.00$ Other Fees 75.00$ -$ 0.00$ Total Cost - Length of Lease 83,100.00$ 77,718.60$ 81,270.00$ CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Resolution 2021­XX: Approve Settlement with Parcels 16 and 17 as Part of CSAH 101 Improvements Section CONSENT AGENDA Item No: D.8. Prepared By Charlie Howley, Public Works Director/City Engineer File No: ENG 14­08 PROPOSED MOTION “The City Council adopts a Resolution authorizing the Settlement Agreement with the property owner of Parcels 16 & 17 as part of the CSAH 101 Improvement Project.” Approval requires a Simple Majority Vote of members present. SUMMARY As part of the Highway 101 project, eminent domain procedures are being used on various parcels along the corridor to feasibly allow for the construction of the improved highway. The project is primarily funded from State DOT turnback funds and other County sources.  The only funding responsibility of the City is for municipal sewer and watermain infrastructure. This approval is necessary since we are the lead agency on the project and the City would be paying the settlement and getting reimbursed from the County. Accepting the agreement eliminates the need to move forward with a Commissioner Hearing and potentially District Court proceedings, both of which incur additional time, expenses and additional risk for the project. RECOMMENDATION Staff recommends approval of the Settlement Agreement. ATTACHMENTS: Agreement Resolution Parcel Map 1 DOCSOPEN\CH135\61\731351.v1-6/29/21 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: ______________________ RESOLUTION NO:________________ MOTION BY: __________________ SECONDED BY:__________________ RESOLUTION APPROVING SETTELEMENT AGREEMENT WITH THOMAS J. GERTZ FOR CSAH 101 PARCELS 16 & 17 WHEREAS, the City of Chanhassen (“City”), having the power of eminent domain as provided in Minnesota Statutes, Chapter 117, filed a petition in eminent domain proceedings and motion for early transfer of title and possession to acquire various interests in land in the City of Chanhassen for the reconstruction, expansion, and improvement of County State Aid Highway 101 from County State Aid Highway 14 (Pioneer Trail to County State Aid Highway 61 (Flying Cloud Drive) (the “Project”); and WHEREAS, the Petition for the Project was filed on November 18, 2019, as a part of Carver County Court File No. 10-CV-19-1132 (the “Action”); and WHEREAS, to facilitate the Project, the Action included acquiring certain real property interests owned by Thomas J. Gertz (the “Owner”) and as defined as Parcels 16 and 17 within the Action (the “Property”); and WHEREAS, subject to approval by the City Council, representatives of the parties have negotiated a Settlement Agreement, a copy of which is attached hereto as Exhibit A, which resolves all outstanding claims and issues between the parties related to the Property; and WHEREAS, the City Council has fully considered the terms of the Settlement Agreement and has determined that it is in the best interests of the community to approve it as presented. NOW, THEREFORE, BE IT RESOLVED THAT the above-referenced recitals are incorporated herein to this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Settlement Agreement is hereby approved by the City Council of the City of Chanhassen. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and City Manager of the City are hereby authorized and directed to execute all appropriate documents and take all necessary actions to facilitate the settlement contemplated herein, with all such actions to be in accordance with the terms and conditions set forth in this Resolution and the incorporated Settlement Agreement. NOW, THEREFORE, BE IT FINALLY RESOLVED, that the Mayor and City Manager of the City, staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. 2 DOCSOPEN\CH135\61\731351.v1-6/29/21 Passed and adopted by the Chanhassen City Council this __ day of July, 2021. ATTEST: ___________________________________ _____________________________ Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT A-1 DOCSOPEN\CH135\61\731351.v1-6/29/21 EXHIBIT A The Settlement Agreement CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Approve Contract for Annual Sanitary and Storm Sewer Televising Section CONSENT AGENDA Item No: D.9. Prepared By Erik Henricksen, Project Engineer File No: Project 2022­02 PROPOSED MOTION “The City Council approves a contract for the Sanitary and Storm Sewer Televising Project No. 22­02 with Hydro­ Klean, LLC for a not­to­exceed amount of $45,000.00." Approval requires a Simple Majority Vote of members present. DISCUSSION The Metropolitan Council Environmental Services (MCES) is currently monitoring the flow of sanitary sewer from each city to determine the amount of Inflow and Infiltration (I/I) to MCES' treatment plants.  If the city exceeds the allowance set by MCES, the city will be surcharged a fee based on the amount of flow above the allowed amount.  This project will help reduce I/I from entering the sanitary sewer system along with identifying any storm sewer improvements for upcoming roadway projects. The Sanitary and Storm Sewer Televising project will assist staff in locating inflows and other contributors to I/I in the city’s sanitary sewer system along with identifying failing storm sewer infrastructure to be replaced with upcoming road improvements.  Sanitary sewer televising consists of cleaning out the sanitary sewer and recording video of the lengths of pipe in the project area.  Storm sewer televising will only consist of cleaning operations when the pipe has sufficient debris that inhibits the camera from continuing down the line being inspected.  The contractor will report the deficiencies observed during the video examination of the pipes.  The information obtained from the televising project will be used to plan what sanitary sewer repairs will need to be included as part of the 2022 I/I project and future street improvement projects. The City of Chanhassen put out a request for quotes to six contractors on June 8, 2021.  Three quotes were received.  Quotes were reviewed based on the total amount for mobilization, sanitary sewer televising and cleaning, and storm sewer televising. Based on the unit prices from the quotes received, staff finds the quotes to be reasonable given the work to be completed.  The low bidder, Hydro­Klean, LLC, has completed similar work in Chanhassen in previous years and their work was acceptable. Contactor Quote Total Hydro­Klean, LLC $42,846.70* Pipe Services $45,988.65 Empire Pipe Services $49,089.80 CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectApprove Contract for Annual Sanitary and Storm Sewer TelevisingSectionCONSENT AGENDA Item No: D.9.Prepared By Erik Henricksen, Project Engineer File No: Project 2022­02PROPOSED MOTION“The City Council approves a contract for the Sanitary and Storm Sewer Televising Project No. 22­02 with Hydro­Klean, LLC for a not­to­exceed amount of $45,000.00."Approval requires a Simple Majority Vote of members present.DISCUSSIONThe Metropolitan Council Environmental Services (MCES) is currently monitoring the flow of sanitary sewer fromeach city to determine the amount of Inflow and Infiltration (I/I) to MCES' treatment plants.  If the city exceeds theallowance set by MCES, the city will be surcharged a fee based on the amount of flow above the allowed amount. This project will help reduce I/I from entering the sanitary sewer system along with identifying any storm sewerimprovements for upcoming roadway projects.The Sanitary and Storm Sewer Televising project will assist staff in locating inflows and other contributors to I/I in thecity’s sanitary sewer system along with identifying failing storm sewer infrastructure to be replaced with upcoming roadimprovements.  Sanitary sewer televising consists of cleaning out the sanitary sewer and recording video of the lengthsof pipe in the project area.  Storm sewer televising will only consist of cleaning operations when the pipe has sufficientdebris that inhibits the camera from continuing down the line being inspected.  The contractor will report thedeficiencies observed during the video examination of the pipes. The information obtained from the televising project will be used to plan what sanitary sewer repairs will need to beincluded as part of the 2022 I/I project and future street improvement projects.The City of Chanhassen put out a request for quotes to six contractors on June 8, 2021.  Three quotes werereceived.  Quotes were reviewed based on the total amount for mobilization, sanitary sewer televising and cleaning,and storm sewer televising. Based on the unit prices from the quotes received, staff finds the quotes to be reasonablegiven the work to be completed.  The low bidder, Hydro­Klean, LLC, has completed similar work in Chanhassen inprevious years and their work was acceptable.Contactor Quote TotalHydro­Klean, LLC $42,846.70* Pipe Services $45,988.65 Empire Pipe Services $49,089.80 *Low Bidder Funding for this work has been budgeted for in the Capital Improvement Plan (CIP), Project SS­012 and Project ST­012.  $29,601.79 of the funding will come from SS­012 for the portion of sanitary sewer televising and cleaning associated with the contract, and $13,244.91 of the funding will come from ST­012 for the portion of the storm sewer televising.   RECOMMENDATION Staff recommends approving the sewer televising contract. ATTACHMENTS: 2022 Sanitary Sewer Televising Project Locations 2022 Storm Sewer Televising Project Locations CIP SS­012 CIP ST­012 Contract Lake Virginia Christmas Lake Lotus Lake Brendan Pond Lake Harrison Kerber Pond Rice Marsh Lake Lake Riley Rice Lake Lake St. Joe Lake Minnewashta Lake Ann Lake Lucy ST15 ST17 ST14 ST18 ST61 Minnewashta Regional Park North Lotus Lake Park Meadow Green Park Lake Ann Park Chanhassen Pond Park Chanhassen Nature Preserve Chanhassen Recreation Center Lake Susan Park Rice Marsh Lake Preserve Power Hill Park Fox Woods Preserve Bandimere Community Park Bluff Creek Golf Course Hesse Farm Park Preserve Lake Susan Preserve Raguet Wildlife Management Are MN Valley National Wildlife Re MN Landscape Arboretum Seminary Fen Scientific & Nat* Bluff Creek Preserve Independent School District 11 Independent School District 112 Independent School District 276 Riley Ridge Park Lake Ann Park Preserve SA5 SA101 SA7 SA5 SA41 )212Powers BlvdPowersBlvdGreatPlainsBlvdLyma nBlvdAudubonRdChanhassen RdAr b o r e t u m B l v d Arboretum BlvdHazeltine BlvdPioneerTrlGalpin BlvdHwy 2 1 2 Hwy 212MarketBlvdHwy 7 Hwy 7 Fl yi ng CloudDr Co Rd 101 ST101 GH117Longacres 3,177 Feet Lake Susan Hills 5,981 Feet Mission Hills 2,205 Feet Hidden Valley 5,895 Feet Chaparral 2,339 Feet Carver Beach Estates 1,522 Feet Date Created: 5/26/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 3,000 Feet 2022 Sanitary Sewer Areas City of Chanhassen 2022 Sanitary Televising Carver Beach Estates (1,522 Feet) Chaparral (2,339 Feet) Hidden Valley (5,895 Feet) Longacres (3,177 Feet) Mission Hills (2,205 Feet) Lake Susan Hills (5,981 Feet) $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$$$ $$$$ $$$$$$ $ $$$$$$$$$$$$$ $$$$$$$$$$$$$$$ $$$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $ $$ $ $ $ $ $ $$ $ $$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$ $ $$$$$$Xä !( !( !( !( !( !( !( !(!(!(!( !( !( !( !( !( !( !(!( !( !(!(!( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(""""""""""" "" """" " "" " """"""""" """"""""""" " """"""""""""""""""""""""""""""""" " " " " " " " "" " """"" !( !( !( !( !( !( !( !( !(!( !( !(!(!( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( 38-003 38-002 37-046 37-047 37-048 37-049 33-099 33-100 33-103 33-106 34-001 33-102 33-105 34-004 34-006 34-003 34-005 34-008 34-009 34-011 34-015 34-017 34-016 38-018 38-01738-016 38-015 38-013 38-014 34-010 34-013 34-012 34-018 34-022 34-029 34-023 34-002 33-097 33-096Audu bonRdLakeDrW Commerce D r Heron Dr Spoonbill CirMallardCt Ospre y L n Swan CtBluebill TrlAlisa LnBittern CtIbisCtAlisa CtFlamingoDr StonefieldLnPower Hill Park Date Created: 5/26/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 225 Feet Lake Susan Hills City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes Xä Sewer Network Structures $$Sewer Gravity Mains $ $ $$$$$ $$ $ $$$ $$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $ $ $$ $ $$$$$$$$$$$$$$$$$$$ $$$Xä !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( " " """"" "" " """"""""""""""""""""""""""""""" " " "" " """"""""""""""" Xä !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( 20-106 15-027 15-030 15-025 15-026 15-029 15-020 15-035 15-040 20-085 20-094 20-097 20-099 20-096 20-102 20-100 20-095 15-060 15-057 15-061 15-062 15-063 Souther n C t L o n g acre sDrMoccasinTrl HunterDrBentBowTr l Bluff Creek Preserve Date Created: 5/20/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 150 Feet Longacres City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Xä Sewer Lift Stations Other Features !(Sewer Manholes Xä Sewer Network Structures $$Sewer Gravity Mains $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !(!( !( !( !( !( !( !( !( !( !( !("""""""""""""""""""""""""""""""""""""""""""""""!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( 35-066 39-027 35-072 35-070 35-073 35-075 35-074 35-071 35-068 35-063 35-056 35-053 35-050 35-038 35-052 Mis si onHills Dr Rice CtMissionHillsWayEFriscoCt MissionHillsCt W 86th StMayf ie ld C t Mission Hills LnMissionHillsCirGreatPlainsBlvdST101 Date Created: 5/26/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 120 Feet Mission Hills City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes $$Sewer Gravity Mains $ $ $ $ $$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$ $ $ $ $ $ $ $ $ $ $$ $$$$$$$$$$$$$$$ $$ $$$$$$$ $ $ $$$$$$$ $$$$$$ $ $ $ $$$$$$$$$$$$$$$$$$$ $$ $$$$$$ $ $$$$!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( " " " " """""""""""""""""" """""""""" """" " " " " " " " " " "" """" " """""""""" "" """"""" " " """"""" """""" " " " " ""!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( 29-106 29-069 29-070 29-075 29-083 29-086 29-088 29-096 29-094 29-089 29-095 29-093 29-090 29-071 29-073 29-072 29-080 29-082 29-085 29-081 29-076 35-092 35-091 35-090 35-087 35-094 35-095 35-097 35-098 29-097 29-098 29-100 35-099 35-083 29-092 29-087 Lake D r E Erie AveErie S p ur Dakota LnMar s hDrHidden Cir Sinnen Cir Grandview RdHidden CtHidde n L n Eri e C i r Rice Marsh Lake Preserve Date Created: 5/20/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 190 Feet Hidden Valley City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes $$Sewer Gravity Mains $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ !(!(!(!(!( !(!( !(!(!(!( !( !( !( !(!( !( !( !( !( !( !(""" " """"""""""""""""""" """" !( !(!(!(!( !( !(!( 11-094 11-12111-10811-08611-083 11-099 11-08511-156 Carver Beach Rd Shenendoah Penamint LnRedwing LnChaparral LnNezPerceDrHiawatha DrTroendle CirWestern Dr Lake Lucy Rd Date Created: 5/20/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 140 Feet Carver Beach Estates City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes $$Sewer Gravity Mains $$$$$$$$$$$$$$$$$$$$ $ $$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ !(!( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(""""""" " """"""""" " """"""""""""""""""""""""""""""""!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( 11-094 11-116 11-112 11-117 11-122 11-102 11-100 11-096 11-092 11-091 11-093 11-103 11-104 11-109 11-107 11-114 Kerber BlvdRedwing Ln Carver Beach Rd ChaparralLnP e n a m in tL n P e n a mint Ct Date Created: 5/20/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 120 Feet Chaparral City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes $$Sewer Gravity Mains Lake Virginia Christmas Lake Lotus Lake Brendan Pond Lake Harrison Kerber Pond Lake Susan Rice Marsh Lake Lake Riley Rice Lake Lake St. Joe Lake Minnewashta Lake Ann Lake Lucy ST14 ST18 ST61 ST15 ST17 Minnewashta Regional Park North Lotus Lake Park Meadow Green Park Lake Ann Park Chanhassen Pond Park Chanhassen Nature Preserve Chanhassen Recreation Center Lake Susan Park Rice Marsh Lake Preserve Power Hill Park Fox Woods Preserve Bandimere Community Park Bluff Creek Golf Course Hesse Farm Park Preserve Lake Susan Preserve Raguet Wildlife Management Are MN Valley National Wildlife Re MN Landscape Arboretum Seminary Fen Scientific & Nat* Bluff Creek Preserve Independent School District 11 Independent School District 112 Independent School District 276 Riley Ridge Park Lake Ann Park Preserve SA41 SA7 SA101 SA41 SA5 SA5 SA5 )212 PowersBlvdHwy 2 1 2 Hwy 212 Lyman Blvd AudubonRdChanhassen RdArboretumBlvd Ar b o r et u m Blvd Pioneer TrlGalpinBlvdHazeltineBlvd MarketBlvdPowers BlvdHwy 7 Hwy 7 Fl yi ng CloudDr Gr eatPlainsBlvdCoRd101ST101 ST101 GH117 Longacres 9,449 Feet Stone Creek 4,228 Feet Curry Farms 5,101 Feet Lake Lucy 2,682 Feet Dakota Lane 337 Feet Date Created: 5/26/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department 2022 Storm Sewer Areas City of Chanhassen 2022 Storm Televising Curry Farms (5,101 Feet) Longacres (9,449 Feet) Stone Creek (4,228 Feet) Lake Lucy (2,682 Feet) Dakota Lane (337 Feet) µ0 3,000 Feet $$$$$$$$$$$$$ $ $ $ $ $$$$$$$$$$ $$$$$$$$$$$$$$$$ $$$$ $$$$ $$$$$$$$$$$$ $ $$$$$ $ $$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ $ $$$$$$$$$$!( !( !( !( !( !( !( !( !( !( !( !( !(!( #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #*""""""""""""""""""""""""""""""""""""""""""""""""""" " """" """"""""""""""""""""""""""""""""""" """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" #* #* #* #* #* #* #* !( !( !( !( !( !( !( !( 454 470 471 489 493 1438 6012 10453 1115 1124 1125 1127 1159 1214 9209 8296 1844 1845 1696 3925 1787 1785 1783 1784 1790 1791 1788 1789 1697 3957 1698 1693 1694 1695 1702 1703 1704 1705 1706 8359 1707 1708 1782 1786 3926 1699 1701 1700 17093880 1831 3939 1832 10751 11513Charing BndLake Lucy Rd Arlington CtT etonLnMulberryCirEWelsley CtMulberryCirDevonshi re Dr Ashton Ct Bretton WayStratton Ct ST17Powers Blvd Date Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Curry Farms North City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 180 Feet $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$$$$ $$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !(#* #* #* #* #* #* #* #* #* #*""""""""""""""""""""""""""" " """""""""""""""""" """"""""""""" " " """"""""""""""""""""""""""""""""""#* #* #* #* #* #* !( !( !( !( !( !( 489 490 491 492 493 1429 1124 1125 1126 1127 1128 1455 1844 1843 1845 8357 8359 1833 1837 1838 1834 1835 1836 1839 1840 1841 18313939 1832 11512 11513 Lake Lucy Rd Arlington CtMul berryCi rDevonshireDrHe a t h e r Ct MulberryCirEDate Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Curry Farms South City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points $$Storm Gravity Mains - ALL µ0 130 Feet $$$$$$$$$$$$$$$$$$ $ $ $ $ $$$$ $$$$$$$$$$$$$$$$$$ $ $ $ $ $$$$$$$ $ $$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$ $ $ $$$$$$ $ $ $$$$$$$$ $ $ $ $$$$$$ $ $ $ $$$$$$$$$ $ $ $$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( #* #* #* #* #* #* #* #* #* #* #* #* #* #* " " """""""""""""""""""" " " " """"""" " """""""""""""""""""" """"""#*!( !( !( !( 57 386 409 411 3914 210 1563 1561 1566 1444 1445 1446 1569 1565 8349 1562 1564 1570 1253 Ch e s t n u t L n Pine h ur st Dr ManchesterDrEdgewood C t Topa z D r L a k e L u c y Rd Highgate Cir Briarwood CtLakeHarrison R d Galpin BlvdGH117 Date Created: 5/21/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Lake Lucy East City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 150 Feet $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ $$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$ $$ $ $$$$$$$$$$$$$$$$$$ $$ $$$$$$$$$$$$$$ $ $ $$$$$$$$$$$$$$$$!( !( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !( #* #* #* #*#* #* #* #* #* #*"""""""""""""""""" """"""""""""""""" """"""""""""" " "" " #* #* #* !( !( !(!(!( !( !( 91 427 428429 8494 8495 8496 1102 1103 1325 18989 18990 1544 1543 1460 1554 1553 1614 1615 1613 1552 Brendan Pond Amber wood Ln Lake Lucy Rd Highover LnHighover Trl Higho v e r D r Brenden CtLakeHarrisonCirIndependent School District 276SA41 Hazeltine BlvdDate Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Lake Lucy West City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points $$Storm Gravity Mains - ALL µ0 180 Feet $$$$$$$$$$$ $$$$ $ $$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$ $$ $$ $$ $ $$$$$$$$$$$$$$$$ $$$$$$$$ $$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$ $ $$ $$ $$$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(#* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #*"""""""""""" " " """""""""""""""""""""""""""""""""" """" "" "" " "" " """""""""""""""""""""" " """"""""""" " " "" "" " " """"""""""""""""""""""""""""""""""""""""""""""""""""""""#* #* #* #* #* !( !( !( !( !( !( !( !( !( !( !( !( !( !( 60 127 128 130 131 185 204 205 207 209 210 1426 8330_mh 8423 1051 1071 1424 9021 8330_inlet 10184 393 392 865 867 866 222 223 863 864 1356 1357 1358 3876 861 862 388 389 386 3963 387 849 394 850 852 853 854855 856 677 678 639 681 682 860 859 858 228 227 1459 383 640 221 1458 381 380 377 376 379 378 382 391 851 11505 Lake Harrison Pearl D r Pai sl ey Pat h Bent z C t Tulip CtHarrisonHill Ct Rogers Ct Longacr e s D rRedFoxCir Br i nk e r St NorthwoodCtLodgepolePtFawnHill CtGunflintTrlHarrisonHillTrlHunterDr F a wn Hil l Rd MajesticWay Lake Ann Park Preserve Galpin BlvdGH117 Date Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Longacres East City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 275 Feet $$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$ $$ $$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$ $$$$$ $$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( #*#* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* """""""""""""""""""""""""""""""""""" """""""""" """""" """ """""""""""""""""""""""""""""""""""""""""""""""""" " """""""""""""""""""""""""""""""""#* #* !( !( !( !( !( !( !( !( !( !( !( 68 69 211 214 215 216 217 218 1460 8569 85701130 1320 245 246 267 384 10184 221 887 888 385 883 885 886 219 876 877 878 879 880881 882 884 868 631 632 10282 889 890891 892 893 1439 1440 869 870 871 872 873 874 875 11509 11507 11508 10335Arrowhead Ct GunflintCt Souther n C tMoccasinTrl Ri dgev i ewPtGunflint Trl Longacre s D r ArrowheadLn BentBowTr lHi l l sdaleCtHunterDrBluff Creek Preserve SA41 H azeltin eB lvdDate Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Longacres West City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 250 Feet $$$$$$$$$ $$$$$$$$$$$$$$$$$$!( !( !( #*""""" " " """"""""""""""""""""""""""""""""#* !( !( !( 811 8541 15783 15082 3707 3710 3709 D a k o ta L n Rice Marsh Lake Preserve Date Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Dakota Lane City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points $$Storm Gravity Mains - ALL µ0 40 Feet $$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$ $$$$$$$$ $$$$$$ $$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$ $ $$ $ $$ $ $$$$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ $$$$$$$$$$$$$ $$$$$$$$$$$$$$ $ $$ $ $ $$$$$ $ $$$ $$ $$$$$$$ $ $$ $ $ $ $$$$$$$$$ $$$$$$$ $$ $ $$$$$$$ $$$$$$$$$$$$$$$$$$$$$ $$ $ $ $ $ $$$$$$$$$$$$ $ $ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$ $$$$$$$$$$ $ $$ $ $$$$$$$$$$ $ $$$$$$$$$$ $ !( !( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #*#* #* #* #* #* #* #* #* #* """""""""""""" """"""""""""""""""""""""""""""""""""""""""""""" " """""" "" " """"""""""""""""""""""" """ " "" " "" " """" """""""" " #* #* #* !( !(!( !( 511 520 622 623 1152 1190 1437 2490 2476 2475 2127 1952 1987 1951 1988 1985 1984 1983 2941 2942 2943 2939 2940 9697 9698 9699 3954 2478 2479 2737 2738 2491 2492 2276 2277 2487 2489 2488 1986 2328 3751 2327 2326 2477 2325 2483 2482 2481 2480 9700 9701 9702 Creekview CtGalpin Ct TimberwoodDrStoneCreekCtS t o n e C re e k DrBenwoodCir Oak w o o d R d g BridleCree k CirRenaissance Ct StoneCreekRdStoneCreekLnW Lukewood Dr StoneCreekLnE Bou lde r Rd ST18 ST15 Chanhassen Nature Preserve Bluff Creek Preserve Independent School District 11 Independent School District 112Lyman BlvdGalpin BlvdDate Created: 5/21/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Stone Creek City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 370 Feet Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2021 2025thru Department Sanitary Sewer Improvements Description This annual project includes televising, repairs and rehabilitation of existing sanitary sewer. The program also detects and eliminates points of entry of ground water and surface water into the City sanitary sewer system. Projects have been identified from the 2006 Inflow and Infiltration Report and aspects of the program are included in annual street projects. The projects were reviewed by Metropolitan Council and approved in lieu of surcharge fees. Also included in this program is the private property mandatory inspection program approved in 2020. Approximately 730 homes will be inspected over a 3-year period beginning in 2021. Project #SS-012 Priority n/a Justification City staff has identified numerous older sewer lines that are in need of repair. The City of Chanhassen pays the Metropolitan Council for sewage treatment. Those payments are based on the amount of flow generated by the City of Chanhassen. Surface water and ground water that makes its way into the system either through breaks, displaced joints, manhole covers, or private connections to the system increase the amount charged to the City for sewage disposal and increasing the load on the City's lift stations. Budget Impact/Other The efforts may decrease operational costs, MCES fees and emergency call outs. It is also the City's intent to use connection charges to help fund for those costs. Useful LifeUnassignedProjectNameInflowandInfiltrationAbatementCategoryUtilities Type Improvement Account #2 Account #1 701-7xxx-4xxx Total Project Cost:$2,900,000 Account #4 Account #3 Total20212022202320242025Expenditures 1,000,000200,000 200,000 200,000 200,000 200,000Maintenance 200,000 200,000 200,000 200,000 200,000 1,000,000Total Prior 1,900,000 Total Total20212022202320242025FundingSources 1,000,000200,000 200,000 200,000 200,000 200,000SewerUtilityFund 200,000 200,000 200,000 200,000 200,000 1,000,000Total Prior 1,900,000 Total 95 Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2021 2025thru Department Street Improvements Description Annual project to rehabilitate and/or reconstruct streets in the City. The 5 year Capital Pavement Management Plan identifies the planned streets for the next five years. The Plan gets updated every fall to review priorities and needs. Project #ST-012 Priority n/a Justification The City uses a Pavement Management System to monitor the condition of the City streets. While proper preventative maintenance extends the life of the street and is cost effective, a street will eventually deteriorate to a point that major maintenance is required. Rehabilitation projects extend the life of the street. In cases when utilities or poor sub grade needs to be replaced or where streets have deteriorated to a point where rehabilitation will no longer be practical, reconstruction of the street is necessary. A feasibility study is written to consider the merits of the project, scope of work and assessments. Budget Impact/Other The construction allotment revenue the City receives from MSA has been cut by 15% for 2021. No advancements are being approved by MSA until further notice. The City has an Assessment Policy, last updated in 2014, that identifies what and how much of the project is assessed to benefiting properties. Useful LifeUnassignedProjectNameAnnualStreetImprovementProgramCategoryStreets/Highways Type Improvement Account #2 Account #1 601-6xxx-4xxx Total Project Cost:$59,152,000 Account #4 Account #3 Total20212022202320242025Expenditures 26,895,0006,795,000 4,875,000 4,975,000 5,075,000 5,175,000Construction 6,795,000 4,875,000 4,975,000 5,075,000 5,175,000 26,895,000Total Prior 32,257,000 Total Total20212022202320242025FundingSources 19,000,0003,600,000 3,700,000 3,800,000 3,900,000 4,000,000Assessment/Revolving Assess Fund 975,000975,000MSA 1,320,000420,000 225,000 225,000 225,000 225,000SewerUtilityFund 2,500,000500,000 500,000 500,000 500,000 500,000SurfaceWaterUtilityFund 3,100,0001,300,000 450,000 450,000 450,000 450,000WaterUtilityFund 6,795,000 4,875,000 4,975,000 5,075,000 5,175,000 26,895,000Total Prior 32,257,000 Total 103 1 211087v2 CONTRACT FOR SANITARY AND STORM SEWER TELEVISING FOR PROJECT NO. 22-02 THIS AGREEMENT, made this 12h day of July, 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“Owner”) and HYDRO-KLEAN, LLC, (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement; B. Specifications dated June 8, 2021 C. City of Chanhassen General Conditions of the Construction Contract; D. Quote dated June 15, 2021. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the not to exceed amount of Forty Five Thousand and 0/100 Dollars ($45,000.00). 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by Engineer as provided in the General Conditions. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within 2 211087v2 ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the Subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Chanhassen obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer. 5. COMPLETION DATE/LIQUIDATED DAMAGES. A. The Work must be completed within Sixty Seven (60) days after the date the Contract Times commence to run, and completed and ready for final payment in accordance with the General Conditions by August 31, 2021 (8/31/2021). B. Contract and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 5.A. above, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $125.00 for each calendar day that expires after the time specified in Paragraph 5.A. for Completion until the Work is complete. Daily costs are based on MnDOT Table 1807-1, "Schedule of Liquidated Damages as follows: 3 211087v2 TABLE 1807-1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Cal. From More Than To and Including Day ($) ($) ($) 0 25,000 75 25,000 50,000 125 50,000 100,000 250 100,000 500,000 500 500,000 1,000,000 750 1,000,000 2,000,000 1,250 2,000,000 5,000,000 1,750 5,000,000 10,000,000 2,500 10,000,000 ---- 3,000 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly 4 211087v2 required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner, the Engineer, and any Subcontractor. (4) The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 5 211087v2 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on a primary and non-contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 6 211087v2 11. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the 7 211087v2 Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement G. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. J. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. K. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of- way or easements. 8 211087v2 M. If the work is delayed or the sequen cing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. CITY OF CHANHASSEN HYDRO-KLEAN, LLC BY: BY: Elise Ryan, Mayor BY: Print Name:__________________________ Laurie Hokkanen, City Manager Its:_________________________________ RFQ Sanitary Sewer and Storm Sewer Televising Page 1 6/1/2021 I. INTRODUCTION The City of Chanhassen (City) is issuing this Request for Quote (RFQ) for sanitary sewer and storm sewer televising. In general, the project includes cleaning and televising sanitary sewer mainlines, televising storm sewer mainlines and submitting electronic and paper reports to the City. A. RFQ Content. This RFQ contains the following sections: I. Introduction II. Project Information III. Quotes B. Addenda/Clarifications. Any changes to this RFQ will be made by written addendum. C. Contract Award. Issuance of this RFQ and receipt of quotes does not commit the City to award a contract. The City reserves the right to postpone opening for its own convenience, to accept or reject any or all quotes received in response to this RFQ, to negotiate with other than the selected Contractor should negotiations with the selected be terminated, to negotiate with more than one Contractor simultaneously, or to cancel all or part of this RFQ. D. Contact Person. The contact for specific questions regarding information in this proposal is: Erik R. Henricksen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1165, Fax (952) 227-1170 ehenricksen@ci.chanhassen.mn.us RFQ Sanitary Sewer and Storm Sewer Televising Page 2 6/1/2021 II. PROJECT INFORMATION A. Project Areas. It is mandatory to do a site visit prior to supplying a quote to become familiar with and satisfied as to the general, local and site conditions that may affect cost, progress, and performance of the Work. The City is interested in receiving quotes for sanitary sewer televising and cleaning and storm sewer televising in the areas shown on the attached maps. Since some of the work is in rear-yard easements, a special condition for entering rear yards (i.e. different equipment and property owner notification) may be needed. The cost of this shall be incorporated into the quote submittal. B. Project Specifications. Sewer televising and cleaning shall be performed in accordance with Section 19.00 of Chanhassen’s 2020 Sanitary and Storm Sewer Specifications. Storm sewer televising shall be performed in accordance with Section 19.00 as well, however cleaning is only necessary if debris is encountered that prevents televising of the storm sewer mainline from upstream to downstream structures. As such, the contractor shall supply two bid schedules, one for sanitary sewer televising and one for storm sewer televising. The Contractor performing the television inspection shall be certified by the NASSCO Pipeline Assessment and Certification Program (PACP). All pipe inspections should adhere to the NASSCO PACP standard codes and ratings. Digital record drawings of the sanitary sewer and storm sewer in the project will be made available upon request. The approximate depth of sewers ranges from 5’ to 25’, sanitary pipe sizes range from 8” to 10” and storm pipe sizes range from 12” to 48”. The total footage of sanitary sewer lines and storm sewer lines are approximately 21,100 LF and 21,800 LF, respectively. The scope of this work will require all cleaning and televising to be done by the contractor. Upon review of the televising work, if it is not deemed acceptable, determined solely by the City, when cleaned or televised the first time will be re-cleaned and re-televised at the contractor’s expense. Reports for each segment of televised pipe will be submitted with televising data following completion of the Work. One hard copy report and one digital copy report should be provided that includes all televising sections within the Project. Reports and digital files shall include the following report types and information as required by PACP standards including but not limited to: 1. Pipe Graphic Report: a. Asset ID (Pipe segment reference number) b. Date Inspected/Televised c. Plan Sheet/Map Number (as shown in the plans) RFQ Sanitary Sewer and Storm Sewer Televising Page 3 6/1/2021 d. Upstream Manhole ID e. Downstream Manhole ID f. Street Name g. Pipe Type h. Pipe Size i. Pipe Length j. Cleaning Performed (Jetting, Root Cutting, etc.) k. Location of Service Connections l. Locations of Leaks or Joint Separation m. Location of Damaged Section (including nature of damage and location with respect to pipe axis) n. Deflection in alignment or grade of pipe o. Location of any repairs p. Comments indicating conditions, visual inspection items, areas of concern, and other pertinent information 2. Tabular Report: a. Same requirements as Pipe Graphic Report b. PACP pipeline condition ratings i. Structural ii. O & M iii. Overall 3. PACP Pipeline Condition Ratings tabular file (Excel or CSV): a. Pipe segment reference number b. Quick Structural Rating c. Quick O&M Rating d. Quick Overall Rating e. Structural Rating f. O&M Rating g. Overall Rating h. Structural Rating Index i. O&M Rating Index j. Overall Rating Index RFQ Sanitary Sewer and Storm Sewer Televising Page 4 6/1/2021 Digital copies of the reports will be submitted in Adobe PDF, Microsoft Word, Microsoft Excel, or other compatible format as approved by the City. Digital copies will be submitted on the same media device as the digital video recordings, and be labeled by the Asset ID number. The Contractor is required to deliver a NASSCO PACP Standard Database in Microsoft Access format that references the manhole and pipe segment numbers provided by the City. Digital video recordings will be made by the Contractor. Video will be submitted to meet the following formats: a) MPEG-4 (*.mp4, *.m4a, *.m4v) b) Video size will be a minimum of 320 pixels by 240 pixels. c) The minimum video frame rate will be 30 frames/second (fps) d) Video will include the following data for each pipe segment: 1. Asset ID/Report Number 2. Date of Inspection 3. Direction of inspection (upstream, downstream, north, south, etc.) 4. Upstream and downstream manhole numbers 5. Current/progressive distance along pipe length (tape counter footage) e) Video will include the following audio for each pipe segment: 1. Date and time of video inspection 2. Inspection company 3. Name of street 4. Upstream and downstream manhole numbers 5. Description of pipe size, type, and joint length. 6. Description of direction of video (upstream, downstream, north, south, etc.) Upon completion of the project, the Contractor will supply the digital data (televising videos, reports, database, maps, etc.) on either a USB flash drive or external hard drive. C. Project Schedule. The following is the anticipated project schedule: Quotes Received Award Contract June 18, 2021 June 28, 2021 Notice to Proceed Project Complete July 6, 2021 August 31, 2021 RFQ Sanitary Sewer and Storm Sewer Televising Page 5 6/1/2021 III. QUOTES A. Submission of Quotes. Submit the quotes via email to: Erik R. Henricksen, Project Engineer ehenricksen@ci.chanhassen.mn.us Emailed quotes shall be received by 4:00 p.m., Friday, June 18, 2021. Quotes received after this time will not be accepted. Include, at a minimum, the following: 1. Identification of the offering contractor(s), including name, address and telephone number of each firm, 2. Acknowledgement of receipt of RFQ addenda, if any, 3. Samples of a video and inspection log, proof of PACP certification, and 4. Name, title, address, email address and telephone and fax numbers of contact person during period of proposal evaluation. Material Diameter (Inches)From Manhole To Manhole Length (Ft) Easement DIP 8 33-097 33-097 11 No PVC 8 33-097 33-102 146 No PVC 8 33-099 33-100 77 No PVC 8 33-100 33-096 182 No PVC 8 33-102 33-105 86 No PVC 8 33-103 33-100 77 No PVC 8 33-105 34-004 192 No PVC 8 33-106 33-103 74 No PVC 8 34-001 33-106 94 No PVC 8 34-002 34-003 81 No PVC 8 34-003 34-006 188 No PVC 8 34-004 34-006 109 No PVC 8 34-005 34-002 149 No PVC 8 34-006 34-010 267 No PVC 8 34-008 34-006 143 No PVC 8 34-009 34-011 105 No PVC 8 34-010 34-013 181 No PVC 8 34-011 34-015 206 No PVC 8 34-012 34-013 144 No PVC 8 34-013 34-022 418 No PVC 8 34-015 34-017 150 No PVC 8 34-016 34-015 64 No PVC 10 34-017 34-023 338 No PVC 8 34-018 34-012 199 No PVC 8 34-022 34-029 216 No PVC 8 37-046 37-048 175 No PVC 8 37-047 37-048 275 No PVC 8 37-048 37-049 108 No PVC 8 37-049 33-099 283 No PVC 8 38-003 38-002 39 No PVC 8 38-013 38-014 50 No PVC 8 38-014 34-009 381 No PVC 8 38-015 38-016 138 No PVC 8 38-016 38-017 154 No PVC 8 38-017 38-018 94 No PVC 8 38-018 34-016 385 No Total (LF):5,981 Lake Susan Hills Area 2022 Sanitary Sewer Televising Tabulation City of Chanhassen Long Acres Area Material Diameter (Inches)From Manhole To Manhole Length (Ft) Easement PVC 8 15-020 15-029 169 No PVC 8 15-025 15-027 114 No PVC 8 15-026 15-029 93 No PVC 8 15-027 15-030 87 No PVC 8 15-029 15-035 144 No PVC 8 15-030 15-026 121 No PVC 8 15-035 15-040 117 No PVC 8 15-040 20-085 134 No PVC 8 15-057 15-060 174 No PVC 8 15-060 20-095 184 No PVC 8 15-061 15-057 177 No PVC 8 15-062 15-061 132 No PVC 8 15-063 15-062 135 No PVC 8 20-085 20-094 270 No PVC 8 20-094 20-097 124 No PVC 8 20-095 20-099 98 No PVC 8 20-096 20-097 215 No PVC 8 20-097 20-106 218 No PVC 8 20-099 20-097 112 No PVC 8 20-100 20-102 155 No PVC 8 20-102 20-096 142 No PVC 8 20-106 LS 27 62 No Total (LF):3,177 Material Diameter (Inches)From Manhole To Manhole Length (Ft) Easement PVC 8 35-050 35-056 204 No PVC 8 35-052 35-050 234 No PVC 8 35-053 35-038 288 No PVC 8 35-056 35-053 63 No PVC 8 35-063 35-056 141 No PVC 8 35-066 35-073 186 No PVC 8 35-068 35-063 251 No PVC 8 35-070 35-072 308 No PVC 8 35-071 35-068 59 No PVC 8 35-072 39-027 137 No PVC 8 35-073 35-070 154 No PVC 8 35-074 35-071 45 No PVC 8 35-075 35-073 135 No Total (LF):2,205 Mision Hills Area Hidden Valley Area Material Diameter (Inches)From Manhole To Manhole Length (Ft) Easement PVC 8 29-069 29-070 250 No PVC 8 29-070 29-075 117 No PVC 8 29-071 29-073 169 No PVC 8 29-072 29-073 46 No PVC 8 29-073 29-080 268 No PVC 8 29-075 29-083 394 No PVC 8 29-076 29-081 128 No PVC 8 29-080 29-082 115 No PVC 8 29-081 29-085 147 No PVC 8 29-082 29-085 190 No PVC 8 29-083 29-088 386 No PVC 8 29-085 35-092 255 No PVC 8 29-086 29-083 228 No PVC 8 29-087 29-089 150 No PVC 8 29-088 29-096 88 No PVC 8 29-089 29-094 101 No PVC 8 29-090 29-092 105 No PVC 8 29-092 29-098 211 Yes PVC 8 29-093 29-090 124 No PVC 8 29-094 29-096 105 No PVC 8 29-095 29-093 335 No PVC 8 29-096 29-095 304 No PVC 8 29-097 29-098 98 No PVC 8 29-098 29-100 80 No Clay 8 29-100 29-106 153 No PVC 8 35-083 35-087 157 No PVC 8 35-087 35-090 213 No PVC 8 35-090 35-091 139 No PVC 8 35-091 35-094 171 No PVC 8 35-092 35-091 115 No PVC 8 35-094 35-095 100 No PVC 8 35-095 35-097 93 No PVC 8 35-097 35-099 205 No PVC 8 35-098 35-097 109 No PVC 8 35-099 MCES 4 47 Yes Total (LF):5,895 Material Diameter (Inches)From Manhole To Manhole Length (Ft) Easement PVC 8 11-083 11-086 168 No PVC 8 11-085 11-099 186 Yes PVC 8 11-086 11-085 162 No PVC 8 11-108 11-086 389 No Carver Beach Estates Area PVC 8 11-121 11-108 396 No PVC 8 11-156 11-085 222 Yes Total (LF):1,522 Material Diameter (Inches)From Manhole To Manhole Length (Ft) Easement PVC 8 11-091 11-093 187 No PVC 8 11-092 11-096 104 No PVC 8 11-093 11-094 143 No PVC 8 11-096 11-100 137 No PVC 8 11-100 11-103 145 No PVC 8 11-102 11-100 101 No PVC 8 11-103 11-104 103 No PVC 8 11-104 11-109 138 No PVC 8 11-109 11-107 256 No PVC 8 11-112 11-102 218 No PVC 8 11-114 11-112 122 No PVC 8 11-116 11-114 158 No PVC 8 11-117 11-112 158 No PVC 8 11-122 11-117 371 No Total (LF):2,339 20,453 666 21,119Grand Total (LF): Total in Easement (LF): Total in ROW (LF): Chaparral Area Lake Virginia Christmas Lake Lotus Lake Brendan Pond Lake Harrison Kerber Pond Rice Marsh Lake Lake Riley Rice Lake Lake St. Joe Lake Minnewashta Lake Ann Lake Lucy ST15 ST17 ST14 ST18 ST61 Minnewashta Regional Park North Lotus Lake Park Meadow Green Park Lake Ann Park Chanhassen Pond Park Chanhassen Nature Preserve Chanhassen Recreation Center Lake Susan Park Rice Marsh Lake Preserve Power Hill Park Fox Woods Preserve Bandimere Community Park Bluff Creek Golf Course Hesse Farm Park Preserve Lake Susan Preserve Raguet Wildlife Management Are MN Valley National Wildlife Re MN Landscape Arboretum Seminary Fen Scientific & Nat* Bluff Creek Preserve Independent School District 11 Independent School District 112 Independent School District 276 Riley Ridge Park Lake Ann Park Preserve SA5 SA101 SA7 SA5 SA41 )212Powers BlvdPowersBlvdGreatPlainsBlvdLyma nBlvdAudubonRdChanhassen RdAr b o r e t u m B l v d Arboretum BlvdHazeltine BlvdPioneerTrlGalpin BlvdHwy 2 1 2 Hwy 212MarketBlvdHwy 7 Hwy 7 Fl yi ng CloudDr Co Rd 101 ST101 GH117Longacres 3,177 Feet Lake Susan Hills 5,981 Feet Mission Hills 2,205 Feet Hidden Valley 5,895 Feet Chaparral 2,339 Feet Carver Beach Estates 1,522 Feet Date Created: 5/26/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 3,000 Feet 2022 Sanitary Sewer Areas City of Chanhassen 2022 Sanitary Televising Carver Beach Estates (1,522 Feet) Chaparral (2,339 Feet) Hidden Valley (5,895 Feet) Longacres (3,177 Feet) Mission Hills (2,205 Feet) Lake Susan Hills (5,981 Feet) $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$$$ $$$$ $$$$$$ $ $$$$$$$$$$$$$ $$$$$$$$$$$$$$$ $$$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $ $$ $ $ $ $ $ $$ $ $$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$ $ $$$$$$Xä !( !( !( !( !( !( !( !(!(!(!( !( !( !( !( !( !( !(!( !( !(!(!( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(""""""""""" "" """" " "" " """"""""" """"""""""" " """"""""""""""""""""""""""""""""" " " " " " " " "" " """"" !( !( !( !( !( !( !( !( !(!( !( !(!(!( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( 38-003 38-002 37-046 37-047 37-048 37-049 33-099 33-100 33-103 33-106 34-001 33-102 33-105 34-004 34-006 34-003 34-005 34-008 34-009 34-011 34-015 34-017 34-016 38-018 38-01738-016 38-015 38-013 38-014 34-010 34-013 34-012 34-018 34-022 34-029 34-023 34-002 33-097 33-096Audu bonRdLakeDrW Commerce D r Heron Dr Spoonbill CirMallardCt Ospre y L n Swan CtBluebill TrlAlisa LnBittern CtIbisCtAlisa CtFlamingoDr StonefieldLnPower Hill Park Date Created: 5/26/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 225 Feet Lake Susan Hills City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes Xä Sewer Network Structures $$Sewer Gravity Mains $ $ $$$$$ $$ $ $$$ $$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $ $ $$ $ $$$$$$$$$$$$$$$$$$$ $$$Xä !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( " " """"" "" " """"""""""""""""""""""""""""""" " " "" " """"""""""""""" Xä !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( 20-106 15-027 15-030 15-025 15-026 15-029 15-020 15-035 15-040 20-085 20-094 20-097 20-099 20-096 20-102 20-100 20-095 15-060 15-057 15-061 15-062 15-063 Souther n C t L o n g acre sDrMoccasinTrl HunterDrBentBowTr l Bluff Creek Preserve Date Created: 5/20/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 150 Feet Longacres City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Xä Sewer Lift Stations Other Features !(Sewer Manholes Xä Sewer Network Structures $$Sewer Gravity Mains $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !(!( !( !( !( !( !( !( !( !( !( !("""""""""""""""""""""""""""""""""""""""""""""""!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( 35-066 39-027 35-072 35-070 35-073 35-075 35-074 35-071 35-068 35-063 35-056 35-053 35-050 35-038 35-052 Mis si onHills Dr Rice CtMissionHillsWayEFriscoCt MissionHillsCt W 86th StMayf ie ld C t Mission Hills LnMissionHillsCirGreatPlainsBlvdST101 Date Created: 5/26/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 120 Feet Mission Hills City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes $$Sewer Gravity Mains $ $ $ $ $$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$ $ $ $ $ $ $ $ $ $ $$ $$$$$$$$$$$$$$$ $$ $$$$$$$ $ $ $$$$$$$ $$$$$$ $ $ $ $$$$$$$$$$$$$$$$$$$ $$ $$$$$$ $ $$$$!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( " " " " """""""""""""""""" """""""""" """" " " " " " " " " " "" """" " """""""""" "" """"""" " " """"""" """""" " " " " ""!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( 29-106 29-069 29-070 29-075 29-083 29-086 29-088 29-096 29-094 29-089 29-095 29-093 29-090 29-071 29-073 29-072 29-080 29-082 29-085 29-081 29-076 35-092 35-091 35-090 35-087 35-094 35-095 35-097 35-098 29-097 29-098 29-100 35-099 35-083 29-092 29-087 Lake D r E Erie AveErie S p ur Dakota LnMar s hDrHidden Cir Sinnen Cir Grandview RdHidden CtHidde n L n Eri e C i r Rice Marsh Lake Preserve Date Created: 5/20/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 190 Feet Hidden Valley City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes $$Sewer Gravity Mains $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ !(!(!(!(!( !(!( !(!(!(!( !( !( !( !(!( !( !( !( !( !( !(""" " """"""""""""""""""" """" !( !(!(!(!( !( !(!( 11-094 11-12111-10811-08611-083 11-099 11-08511-156 Carver Beach Rd Shenendoah Penamint LnRedwing LnChaparral LnNezPerceDrHiawatha DrTroendle CirWestern Dr Lake Lucy Rd Date Created: 5/20/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 140 Feet Carver Beach Estates City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes $$Sewer Gravity Mains $$$$$$$$$$$$$$$$$$$$ $ $$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ !(!( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(""""""" " """"""""" " """"""""""""""""""""""""""""""""!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( 11-094 11-116 11-112 11-117 11-122 11-102 11-100 11-096 11-092 11-091 11-093 11-103 11-104 11-109 11-107 11-114 Kerber BlvdRedwing Ln Carver Beach Rd ChaparralLnP e n a m in tL n P e n a mint Ct Date Created: 5/20/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department µ0 120 Feet Chaparral City of Chanhassen 2022 Sanitary Televising ""Sewer Mains to Televise !(Sewer Manholes Other Features !(Sewer Manholes $$Sewer Gravity Mains Material Diameter (Inches)From Structure To Structure Length (Ft) Easement RCP 15 1790 1791 11 No RCP 12 1788 1789 13 No RCP 15 1791 1789 43 No RCP 21 1789 1159 155 No RCP 24 3957 1698 149 No RCP 24 1698 1697 63 No RCP 24 1697 1214 197 No RCP 12 1693 1694 64 No RCP 15 1694 1695 67 No RCP 15 1695 1697 69 No RCP 12 1696 1695 33 No RCP 18 3925 1787 126 No RCP 18 1787 470 26 No RCP 18 470 471 131 No RCP 18 471 1785 34 No RCP 21 1785 1783 40 No RCP 21 1783 1784 63 No RCP 12 1782 1786 26 No RCP 15 1786 471 25 No RCP 15 3926 1785 141 No RCP 12 1699 1701 31 No RCP 12 1700 1701 4 No RCP 12 1701 1115 198 No RCP 12 1709 1708 54 No RCP 12 1707 1708 50 No RCP 12 8296 1707 28 No RCP 12 1708 1702 232 No RCP 12 1702 1703 157 No RCP 12 1704 1703 30 No RCP 12 1703 1438 28 No RCP 15 1438 1706 132 No RCP 12 1705 1706 30 No RCP 15 1706 454 265 No PVC 12 3880 8296 39 No RCP 12 8357 1833 28 No RCP 12 1833 490 147 No RCP 12 490 489 84 No RCP 12 489 11513 102 No RCP 12 1831 11513 28 No 2022 Storm Sewer Televising Tabulation City of Chanhassen Curry Farms Area RCP 12 11513 1124 19 No RCP 12 3939 1832 6 No RCP 12 1832 1125 122 No RCP 12 1837 1838 30 No RCP 15 1838 1835 107 No RCP 24 1835 492 141 No RCP 24 492 1126 114 No RCP 12 1834 1835 31 No RCP 12 1836 1835 45 No RCP 12 1839 491 205 No RCP 12 491 1429 75 No RCP 12 1429 1455 188 No RCP 15 1844 1843 6 No RCP 15 1843 1845 30 No RCP 15 1845 493 104 No RCP 15 493 1127 161 No PVC 10 8359 1844 150 No RCP 12 1840 1841 5 No RCP 12 1841 11512 30 No RCP 15 11512 1128 33 No RCP 24 1784 6012 137 No RCP 24 6012 9209 72 No RCP 12 10751 10453 12 No RCP 15 10453 1791 136 No Total (LF):5,101 Material Diameter (Inches)From Structure To Structure Length (Ft) Easement RCP 30 18989 11 20 No RCP 15 18990 11 10 No RCP 30 11 429 166 No RCP 12 1570 1569 65 No RCP 15 1552 8494 73 No RCP 15 8494 8495 35 No RCP 15 8495 429 72 No RCP 30 429 428 15 No RCP 30 428 91 137 No RCP 12 1445 386 33 No RCP 12 1444 386 6 No RCP 15 1253 386 50 No RCP 15 386 1569 235 No RCP 12 8349 1446 182 No RCP 15 57 411 131 No RCP 15 411 1569 175 No RCP 12 1566 1565 29 No Lake Lucy Area RCP 15 1565 57 34 No RCP 12 210 1561 41 No RCP 15 1561 1562 139 No RCP 18 1562 1564 36 No RCP 18 1564 409 187 No RCP 12 1563 1562 39 No RCP 12 1615 1614 34 No RCP 15 1555 1554 30 No RCP 18 1554 1553 40 No RCP 18 1553 1614 87 No RCP 27 1544 1543 22 No RCP 27 1543 1460 35 No RCP 27 1460 1102 100 No RCP 27 1614 8496 119 No RCP 27 8496 1103 96 No RCP 12 1613 427 90 No RCP 15 427 1325 55 No RCP 30 1569 3914 62 No Total (LF):2,682 Material Diameter (Inches)From Structure To Structure Length (Ft) Easement RCP 15 851 850 86 No RCP 18 850 204 71 No RCP 15 8330_inlet 8330_mh 131 No RCP 15 8330 1426 171 No RCP 12 856 205 147 No RCP 12 855 854 29 No RCP 12 854 853 195 No RCP 15 853 851 168 No RCP 12 678 677 29 No RCP 15 639 640 30 No RCP 21 640 185 52 No RCP 21 131 130 89 No RCP 12 861 1356 4 No RCP 12 1356 1357 38 No RCP 12 1357 1358 38 No RCP 12 1358 862 66 No RCP 12 862 863 86 No RCP 12 864 863 30 No RCP 12 3876 11505 63 No RCP 18 863 1424 73 No RCP 12 10184 221 88 No RCP 12 878 877 28 No RCP 18 877 876 98 No Long Acres Area RCP 18 876 214 210 No RCP 18 214 875 106 No RCP 27 875 874 35 No RCP 27 874 211 146 No RCP 12 219 880 75 No RCP 12 880 879 56 No RCP 12 879 883 111 No RCP 15 883 217 203 No RCP 12 881 880 30 No RCP 12 882 879 76 No RCP 12 884 883 118 No RCP 18 216 215 141 No RCP 18 215 68 78 No RCP 18 68 1320 135 No RCP 12 885 886 30 No RCP 12 393 130 24 No RCP 24 130 392 13 No RCP 24 392 210 108 No RCP 24 210 865 103 No RCP 24 865 867 260 No RCP 27 867 866 67 No RCP 27 866 1051 79 No RCP 12 222 223 28 No RCP 12 223 389 122 No RCP 12 388 389 28 No RCP 12 3963 386 48 No RCP 15 386 387 30 No RCP 18 387 389 92 No RCP 15 849 394 30 No RCP 21 394 131 158 No RCP 18 204 394 122 No RCP 12 852 851 28 No RCP 12 858 859 30 No RCP 12 859 209 52 No RCP 12 209 207 161 No RCP 12 860 859 89 No RCP 12 682 860 106 No RCP 12 681 682 62 No RCP 12 228 227 96 No RCP 15 227 60 111 No RCP 15 60 677 106 No RCP 12 1459 1458 46 No RCP 12 1458 8423 148 No RCP 15 221 127 139 No RCP 18 127 128 84 No RCP 21 128 640 74 No RCP 12 383 382 29 No RCP 15 382 127 84 No RCP 12 378 382 173 No RCP 12 379 378 37 No RCP 12 377 376 30 No RCP 12 376 378 57 No RCP 12 381 380 29 No RCP 12 380 377 90 No RCP 12 886 218 146 No RCP 15 632 631 30 No RCP 12 892 245 54 No RCP 12 246 245 30 No RCP 12 245 893 92 No RCP 12 893 632 89 No RCP 12 1460 892 124 No RCP 12 891 890 30 No RCP 12 385 384 30 No RCP 18 8569 890 156 No RCP 18 890 267 108 No RCP 18 267 889 158 No RCP 18 889 888 87 No RCP 18 888 887 30 No RCP 18 887 69 141 No RCP 12 8516 8517 7 No RCP 15 8517 8515 30 No RCP 18 8515 1130 45 No RCP 15 1439 1440 126 No RCP 15 1440 873 51 No RCP 15 873 871 153 No RCP 12 872 871 29 No RCP 18 871 870 50 No RCP 27 870 875 89 No RCP 18 869 870 123 No RCP 18 868 869 168 No RCP 18 10282 875 162 No RCP 21 389 9021 35 No RCP 12 391 1071 15 No RCP 12 391 386 184 No RCP 12 384 8570 156 No RCP 18 10335 868 191 No Total (LF):9,449 Material Diameter (Inches)From Structure To Structure Length (Ft) Easement RCP 48 3707 3710 34 No RCP 48 3710 3709 30 No Dakota Lane Area RCP 48 3709 811 78 No RCP 48 811 8541 103 Yes RCP 48 8541 15783 50 Yes RCP 60 15783 15082 43 Yes Total (LF):337 Material Diameter (Inches)From Structure To Structure Length (Ft) Easement RCP 21 1987 1986 63 No RCP 12 1988 1987 27 No RCP 12 1951 1988 36 No RCP 21 1984 1983 30 No RCP 21 9702 1983 94 No RCP 21 9700 9702 150 No RCP 15 9699 9700 83 No RCP 21 511 1987 109 No RCP 21 1952 511 137 No RCP 12 2127 1952 30 No RCP 12 9701 9700 141 No RCP 15 9697 1952 20 No RCP 18 2490 2475 194 No RCP 21 2475 2476 35 No RCP 24 2476 1152 150 No RCP 12 3954 2478 223 No RCP 15 2480 1190 187 No RCP 12 2491 2492 29 No RCP 18 2492 622 146 No RCP 12 2276 2277 30 No RCP 12 2277 2487 110 No RCP 15 2487 2489 111 No RCP 12 2488 2489 32 No RCP 18 2489 2490 157 No RCP 21 1986 9698 152 No RCP 27 1983 520 47 No RCP 21 1985 1984 30 No RCP 21 9698 1985 256 No RCP 15 2478 2479 30 No RCP 18 2477 2738 199 No RCP 18 2737 2738 34 No RCP 12 3751 2328 27 No RCP 12 2325 2326 56 No RCP 12 2482 2483 54 No RCP 15 2483 2326 187 No RCP 15 2326 2327 187 No RCP 15 2327 2328 178 No Stone Creek Area RCP 12 2481 2480 30 No RCP 12 2736 2737 40 No RCP 18 622 623 130 Yes RCP 18 623 2477 178 No RCP 15 2328 9699 91 No Total (LF):4,228 21,471 326 21,796Grand Total (LF): Total in ROW (LF): Total in Easement (LF): Lake Virginia Christmas Lake Lotus Lake Brendan Pond Lake Harrison Kerber Pond Lake Susan Rice Marsh Lake Lake Riley Rice Lake Lake St. Joe Lake Minnewashta Lake Ann Lake Lucy ST14 ST18 ST61 ST15 ST17 Minnewashta Regional Park North Lotus Lake Park Meadow Green Park Lake Ann Park Chanhassen Pond Park Chanhassen Nature Preserve Chanhassen Recreation Center Lake Susan Park Rice Marsh Lake Preserve Power Hill Park Fox Woods Preserve Bandimere Community Park Bluff Creek Golf Course Hesse Farm Park Preserve Lake Susan Preserve Raguet Wildlife Management Are MN Valley National Wildlife Re MN Landscape Arboretum Seminary Fen Scientific & Nat* Bluff Creek Preserve Independent School District 11 Independent School District 112 Independent School District 276 Riley Ridge Park Lake Ann Park Preserve SA41 SA7 SA101 SA41 SA5 SA5 SA5 )212 PowersBlvdHwy 2 1 2 Hwy 212 Lyman Blvd AudubonRdChanhassen RdArboretumBlvd Ar b o r et u m Blvd Pioneer TrlGalpinBlvdHazeltineBlvd MarketBlvdPowers BlvdHwy 7 Hwy 7 Fl yi ng CloudDr Gr eatPlainsBlvdCoRd101ST101 ST101 GH117 Longacres 9,449 Feet Stone Creek 4,228 Feet Curry Farms 5,101 Feet Lake Lucy 2,682 Feet Dakota Lane 337 Feet Date Created: 5/26/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department 2022 Storm Sewer Areas City of Chanhassen 2022 Storm Televising Curry Farms (5,101 Feet) Longacres (9,449 Feet) Stone Creek (4,228 Feet) Lake Lucy (2,682 Feet) Dakota Lane (337 Feet) µ0 3,000 Feet $$$$$$$$$$$$$ $ $ $ $ $$$$$$$$$$ $$$$$$$$$$$$$$$$ $$$$ $$$$ $$$$$$$$$$$$ $ $$$$$ $ $$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ $ $$$$$$$$$$!( !( !( !( !( !( !( !( !( !( !( !( !(!( #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #*""""""""""""""""""""""""""""""""""""""""""""""""""" " """" """"""""""""""""""""""""""""""""""" """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" #* #* #* #* #* #* #* !( !( !( !( !( !( !( !( 454 470 471 489 493 1438 6012 10453 1115 1124 1125 1127 1159 1214 9209 8296 1844 1845 1696 3925 1787 1785 1783 1784 1790 1791 1788 1789 1697 3957 1698 1693 1694 1695 1702 1703 1704 1705 1706 8359 1707 1708 1782 1786 3926 1699 1701 1700 17093880 1831 3939 1832 10751 11513Charing BndLake Lucy Rd Arlington CtT etonLnMulberryCirEWelsley CtMulberryCirDevonshi re Dr Ashton Ct Bretton WayStratton Ct ST17Powers Blvd Date Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Curry Farms North City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 180 Feet $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$$$$ $$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !(#* #* #* #* #* #* #* #* #* #*""""""""""""""""""""""""""" " """""""""""""""""" """"""""""""" " " """"""""""""""""""""""""""""""""""#* #* #* #* #* #* !( !( !( !( !( !( 489 490 491 492 493 1429 1124 1125 1126 1127 1128 1455 1844 1843 1845 8357 8359 1833 1837 1838 1834 1835 1836 1839 1840 1841 18313939 1832 11512 11513 Lake Lucy Rd Arlington CtMul berryCi rDevonshireDrHe a t h e r Ct MulberryCirEDate Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Curry Farms South City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points $$Storm Gravity Mains - ALL µ0 130 Feet $$$$$$$$$$$$$$$$$$ $ $ $ $ $$$$ $$$$$$$$$$$$$$$$$$ $ $ $ $ $$$$$$$ $ $$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$ $ $ $$$$$$ $ $ $$$$$$$$ $ $ $ $$$$$$ $ $ $ $$$$$$$$$ $ $ $$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( #* #* #* #* #* #* #* #* #* #* #* #* #* #* " " """""""""""""""""""" " " " """"""" " """""""""""""""""""" """"""#*!( !( !( !( 57 386 409 411 3914 210 1563 1561 1566 1444 1445 1446 1569 1565 8349 1562 1564 1570 1253 Ch e s t n u t L n Pine h ur st Dr ManchesterDrEdgewood C t Topa z D r L a k e L u c y Rd Highgate Cir Briarwood CtLakeHarrison R d Galpin BlvdGH117 Date Created: 5/21/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Lake Lucy East City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 150 Feet $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ $$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$ $$ $ $$$$$$$$$$$$$$$$$$ $$ $$$$$$$$$$$$$$ $ $ $$$$$$$$$$$$$$$$!( !( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !( #* #* #* #*#* #* #* #* #* #*"""""""""""""""""" """"""""""""""""" """"""""""""" " "" " #* #* #* !( !( !(!(!( !( !( 91 427 428429 8494 8495 8496 1102 1103 1325 18989 18990 1544 1543 1460 1554 1553 1614 1615 1613 1552 Brendan Pond Amber wood Ln Lake Lucy Rd Highover LnHighover Trl Higho v e r D r Brenden CtLakeHarrisonCirIndependent School District 276SA41 Hazeltine BlvdDate Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Lake Lucy West City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points $$Storm Gravity Mains - ALL µ0 180 Feet $$$$$$$$$$$ $$$$ $ $$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$ $$ $$ $$ $ $$$$$$$$$$$$$$$$ $$$$$$$$ $$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$ $ $$ $$ $$$$$$$$$$ $ $$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(#* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #*"""""""""""" " " """""""""""""""""""""""""""""""""" """" "" "" " "" " """""""""""""""""""""" " """"""""""" " " "" "" " " """"""""""""""""""""""""""""""""""""""""""""""""""""""""#* #* #* #* #* !( !( !( !( !( !( !( !( !( !( !( !( !( !( 60 127 128 130 131 185 204 205 207 209 210 1426 8330_mh 8423 1051 1071 1424 9021 8330_inlet 10184 393 392 865 867 866 222 223 863 864 1356 1357 1358 3876 861 862 388 389 386 3963 387 849 394 850 852 853 854855 856 677 678 639 681 682 860 859 858 228 227 1459 383 640 221 1458 381 380 377 376 379 378 382 391 851 11505 Lake Harrison Pearl D r Pai sl ey Pat h Bent z C t Tulip CtHarrisonHill Ct Rogers Ct Longacr e s D rRedFoxCir Br i nk e r St NorthwoodCtLodgepolePtFawnHill CtGunflintTrlHarrisonHillTrlHunterDr F a wn Hil l Rd MajesticWay Lake Ann Park Preserve Galpin BlvdGH117 Date Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Longacres East City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 275 Feet $$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$ $$ $$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$ $$$$$ $$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( #*#* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* """""""""""""""""""""""""""""""""""" """""""""" """""" """ """""""""""""""""""""""""""""""""""""""""""""""""" " """""""""""""""""""""""""""""""""#* #* !( !( !( !( !( !( !( !( !( !( !( 68 69 211 214 215 216 217 218 1460 8569 85701130 1320 245 246 267 384 10184 221 887 888 385 883 885 886 219 876 877 878 879 880881 882 884 868 631 632 10282 889 890891 892 893 1439 1440 869 870 871 872 873 874 875 11509 11507 11508 10335Arrowhead Ct GunflintCt Souther n C tMoccasinTrl Ri dgev i ewPtGunflint Trl Longacre s D r ArrowheadLn BentBowTr lHi l l sdaleCtHunterDrBluff Creek Preserve SA41 H azeltin eB lvdDate Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Longacres West City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 250 Feet $$$$$$$$$ $$$$$$$$$$$$$$$$$$!( !( !( #*""""" " " """"""""""""""""""""""""""""""""#* !( !( !( 811 8541 15783 15082 3707 3710 3709 D a k o ta L n Rice Marsh Lake Preserve Date Created: 5/19/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Dakota Lane City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points $$Storm Gravity Mains - ALL µ0 40 Feet $$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$ $$$$$$$$ $$$$$$ $$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$ $ $$ $ $$ $ $$$$ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$ $$$$$$$$$$$$$ $$$$$$$$$$$$$$ $ $$ $ $ $$$$$ $ $$$ $$ $$$$$$$ $ $$ $ $ $ $$$$$$$$$ $$$$$$$ $$ $ $$$$$$$ $$$$$$$$$$$$$$$$$$$$$ $$ $ $ $ $ $$$$$$$$$$$$ $ $ $ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$ $$$$$$$$$$ $ $$ $ $$$$$$$$$$ $ $$$$$$$$$$ $ !( !( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #* #*#* #* #* #* #* #* #* #* #* """""""""""""" """"""""""""""""""""""""""""""""""""""""""""""" " """""" "" " """"""""""""""""""""""" """ " "" " "" " """" """""""" " #* #* #* !( !(!( !( 511 520 622 623 1152 1190 1437 2490 2476 2475 2127 1952 1987 1951 1988 1985 1984 1983 2941 2942 2943 2939 2940 9697 9698 9699 3954 2478 2479 2737 2738 2491 2492 2276 2277 2487 2489 2488 1986 2328 3751 2327 2326 2477 2325 2483 2482 2481 2480 9700 9701 9702 Creekview CtGalpin Ct TimberwoodDrStoneCreekCtS t o n e C re e k DrBenwoodCir Oak w o o d R d g BridleCree k CirRenaissance Ct StoneCreekRdStoneCreekLnW Lukewood Dr StoneCreekLnE Bou lde r Rd ST18 ST15 Chanhassen Nature Preserve Bluff Creek Preserve Independent School District 11 Independent School District 112Lyman BlvdGalpin BlvdDate Created: 5/21/2021 Document Path: K:\Departments\Engineering\Televising\2021Televising\2021Televising\2021Televising.aprxCreated By: City of Chanhassen - Engineering Department Stone Creek City of Chanhassen 2022 Storm Televising !(Storm Manholes Storm Inlets #*Storm Discharge Points ""Storm Gravity Mains Other Features !(Storm Manholes Storm Inlets #*Storm Discharge Points Storm Culverts $$Storm Gravity Mains - ALL µ0 370 Feet 45 SECTION 19.00 - TELEVISION INSPECTION Televising shall be performed on all newly constructed or repaired gravity sanitary sewer lines after successful leak testing has been completed and accepted. Contractors and developers shall follow all requirements for televising as outlined in current City specifications at the time of project. 19.01 TELEVISION EQUIPMENT Television equipment shall include television camera, television monitor, cables, power source, lights, and other equipment. The television camera shall be specifically designed and constructed for operation in connection with sewer rehabilitation inspection. The Contractor shall utilize a self-propelled type camera where shown on the plans or required by the Engineer. The camera, television monitor, and other components of the recording system, will be capable of producing a color picture in high definition resolution. The camera will be mounted so as to center the lens for each pipe diameter to be investigated. The camera will have measurement devices to accurately measure pipe diameters of both main and service laterals as well as pipe defects. The camera will be operative in 100% humidity conditions. Lighting for the camera will minimize reflective glare. Lighting and camera quality will be suitable to provide a clear, in- focus picture of the entire inside periphery of the sewer pipe for all conditions encountered during the work. Focal distance will be adjustable through a range of from 6” to infinity. The remote reading footage counter will be accurate to one percent over the length of the particular section being inspected and will appear superimposed on the image shown on the television monitor. At the Contractor’s option, a push-type camera can be used to televise laterals. 19.02 TELEVISION INSPECTION PROCEDURES The camera shall be moved through the line in either direction at a uniform rate, stopping when necessary to ensure proper documentation of the sewer’s condition. In no case will the television camera traverse the line being inspected for the line length at an average speed greater than 30 feet per minute. The contractor will stop at each service or defect a minimum of 10 seconds and using the pan and tilt of the camera fully view each service connection/defect. If, during the inspection operation, the television camera will not pass through the entire manhole section, the Contractor will reset their equipment in a manner so that the inspection can be performed from the opposite manhole. A reset or back out charge due to debris in the lines will be considered incidental to the televising pay item. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 46 A small quantity of water is to be introduced into the line prior to televising. The amount shall be determined by the Engineer and coordinated with the City's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. A fan/vacuum shall be utilized if steam given off by the sanitary sewer affects the camera visibility. Examine starting and ending doghouses for quality of mortar work. While at the bottom of the manhole, the camera will examine all joints as high as it can see around the entire manhole circumference. Joints shall be examined for infiltration and excessive gaps. All outside drops shall be noted and visually examined looking down from the top. Provide starting and ending manhole depths to the nearest 0.5'. Include the location relative to the zero starting point, the side (left of right), and the clockwise position of the wye (i.e. 10:00). Note any problems associated with the service wye. In the event the section being televised has substantial flow entering the sewer between manholes, such that 20% or 25% of the pipe diameter is flowing for 6”-10” pipe and 12”-24” pipe, respectively, the Contractor will be responsible to have such flow temporarily stopped or bypassed, and/or reschedule television inspection of the particular section to a time when such flow is reduced to permit proceeding with the television inspection. Temporary by-passing shall be coordinated with the City Engineer. Any required by-passing or “pigging” is considered incidental. When sewer line depth of flow at the upstream manhole of the section being televised is above the maximum allowable for television inspection, the Contractor will reduce the flow to permit proceeding with the television inspection. Accuracy of the measurement meters will be checked daily. Footage measurements will begin at the sewer line point of penetration of the upstream manhole, unless specific permission is given to do otherwise. Footage will be shown on the data view/monitor at all times. 19.03 DOCUMENTATION OF THE TELEVISION RESULTS Television inspection logs will be typed in format acceptable to the City. Samples of the video and inspection log and PACP certification shall be submitted prior to bid acceptance, unacceptable submittals shall be rejected. Two written reports are required along with a brief summary report of noted items in each segment recorded on the project at the front of the report log. Printed location reports will clearly show the location, in relation to adjacent manholes, of each source of infiltration discovered. In addition, other data of significance, including the location of buildings and house service connections, joints, unusual conditions, roots, storm sewer connections, collapsed sections, presence of scale and corrosion, and other discernible 47 features, will be recorded. A voice recording embedded in the digital video recording will make brief and informative comments on the sewer conditions at the time of recording. Color digital video recordings of the data on the television monitor will be made by the Contractor. One copy of each video, in certified PACP format, on a digital hard drive containing all video, printable reports and still photos will be provided to the City. Digital video recording playback will be the same speed that it was recorded. Title and ownership of the digital hard drive will remain with the City. The Contractor will have all video and necessary playback equipment readily accessible for review by the City during the project. Recording speed will be noted on the recorded digital video. Digital hard drive submittals will include the following information: A. Data view: 1. Report number. 2. Date and time of TV inspection. 3. Upstream and downstream manhole numbers. 4. Current distance along reach (distance counter footage). 5. Printed labels on DVD hard case and DVD disk with location information, date, format information, and other descriptive information. 6. All televising data must match the GIS asset ID’s provided by the City. B. Audio: 1. Date and time of TV inspection, operator name and name of adjacent streets or descriptive narration of easement. 2. Verbal confirmation of upstream and downstream manhole numbers and TV viewing direction in relation to direction of flow. 3. Verbal or electronic description of pipe size, type, and pipe joint length. C. Typed logs: will include, but are not limited to, the following information: 1. Location of each point of leakage. 2. Location of each service connection. 3. Location of any damaged sections, nature of damage, and location with respect to pipe axis. 4. Deflection in alignment of grade of pipe. 5. Record of repairs and quantity of sealing material used (if applicable). 6. Date, time, city, street or easement, basin, manhole section, reference manhole number, name of operator, inspector, and weather conditions. 7. Pipe diameter, pipe material, section length, and corresponding DVD identification. 2021 GENERAL CONDITIONS TABLE OF CONTENTS Page SECTION 1.00 – DEFINITIONS 1 SECTION 2.00 - BIDDING REQUIREMENTS AND CONDITIONS 2.01 Qualifications of Bidders ...................................................................................................... 5 2.02 Contract Document Interpretations ...................................................................................... 6 2.03 Interpretation of Quantities in Bid Schedule ....................................................................... 7 2.04 Site Investigation ................................................................................................................... 7 2.05 Submission of Proposal ........................................................................................................ 7 2.06 Proposal Guaranty ................................................................................................................. 8 2.07 Affidavit of Non-collusion ................................................................................................... 8 2.08 Withdrawal of Proposals....................................................................................................... 8 SECTION 3.00 - AWARD AND EXECUTION OF CONTRACT 3.01 Evaluation of Proposals ........................................................................................................ 9 3.02 Contract Award and Execution ............................................................................................ 9 3.03 Proposal Alternates ............................................................................................................. 10 3.04 Contract Security & Guaranty ............................................................................................ 10 3.05 Preconstruction Conference ................................................................................................ 11 3.06 Failure to Execute Contract ................................................................................................ 11 SECTION 4.00 - SCOPE OF WORK 4.01 Additional Instructions ........................................................................................................ 12 4.02 Changes or Alterations in the Work. .................................................................................. 12 4.03 Oral Agreements ................................................................................................................. 12 4.04 Interpretations and Change Orders ..................................................................................... 13 4.05 Salvage ................................................................................................................................. 13 4.06 Fossils................................................................................................................................... 13 4.07 Cleanup ................................................................................................................................ 13 SECTION 5.00 - CONTROL OF WORK 5.01 Engineer's Responsibility and Authority ........................................................................... 14 5.02 Intent of Plans and Specifications ...................................................................................... 15 5.03 Shop Drawings .................................................................................................................... 15 5.04 Dimensions .......................................................................................................................... 15 5.05 Models ................................................................................................................................. 15 5.06 Adequacy of Plans and Specifications ............................................................................... 15 5.07 Conflict ................................................................................................................................ 15 5.08 Discrepancies in Plans ........................................................................................................ 16 5.09 Separate Contracts ............................................................................................................... 16 5.10 Plans and Specifications at Job Site ................................................................................... 16 5.11 Moving of Public and Private Utilities .............................................................................. 17 5.12 Protection of Existing Improvements or Utilities ............................................................. 17 5.13 Damage to Existing Improvements or Utilities ................................................................. 18 5.14 Monuments and Stakes ....................................................................................................... 19 5.15 Inspectors ............................................................................................................................. 20 5.16 Examination of Completed Work ...................................................................................... 20 5.17 Owner's Right to Correct Deficiencies .............................................................................. 20 5.18 Traffic Control and Maintenance ....................................................................................... 20 5.19 Traffic Control Within and Abutting the Project .............................................................. 21 5.20 Removal of Construction Equipment, Tools & Supplies ................................................. 22 5.21 Suspension of Work by Engineer ....................................................................................... 22 5.22 Suspension of Work by Owner .......................................................................................... 22 SECTION 6.00 - CONTROL OF MATERIALS AND WORKMANSHIP 6.01 Quality of Equipment and Materials .................................................................................. 24 6.02 Testing .................................................................................................................................. 24 6.03 Use of Premises ................................................................................................................... 25 6.04 Storage of Materials ............................................................................................................ 25 6.05 Manufacturer's Directions ................................................................................................... 25 6.06 Rejected Work and Materials ............................................................................................. 25 6.07 Materials Furnished by the Owner ..................................................................................... 26 6.08 Materials Furnished by the Contractor .............................................................................. 26 SECTION 7.00 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 7.01 Comprehensive General Liability ...................................................................................... 27 7.02 Construction Days and Hours ............................................................................................. 27 7.03 Drug and Alcohol Testing .................................................................................................. 28 7.04 Water .................................................................................................................................... 28 7.05 Noise Elimination ................................................................................................................ 28 7.06 Patents .................................................................................................................................. 28 7.07 Privileges of Contractor in Streets, Rights-of-Way and Easements ................................ 28 7.08 Discrimination on Account of Race, Creed or Color ........................................................ 29 7.09 Safety ................................................................................................................................... 29 7.10 Sanitary Provisions .............................................................................................................. 30 7.11 Railroad Crossings .............................................................................................................. 30 7.12 Use of Explosives................................................................................................................ 30 7.13 Private Property ................................................................................................................... 30 7.14 Right to Use Improvement .................................................................................................. 30 7.15 Contractor's Responsibilities .............................................................................................. 31 7.16 Lands by Owner .................................................................................................................. 32 7.17 Lands by Contractor ............................................................................................................ 32 SECTION 8.00 - PROSECUTION AND PROGRESS 8.01 Subcontracts ........................................................................................................................ 33 8.02 Contractor's Superintendent ................................................................................................ 33 8.03 Contractor's Employees ...................................................................................................... 33 8.04 Injunctions ........................................................................................................................... 34 8.05 Rights of Various Interests ................................................................................................. 34 8.06 Work During an Emergency ............................................................................................... 34 8.07 Delays & Extension of Contract Time ............................................................................... 34 8.08 Construction Schedule & Liquidated Damages ................................................................ 35 8.09 Owner's Right to Terminate Contract & Complete the Work .......................................... 36 8.10 Contractor's Right to Terminate Contract .......................................................................... 37 SECTION 9.00 - MEASUREMENT AND PAYMENT 9.01 Measurement........................................................................................................................ 38 9.02 Scope of Payment ................................................................................................................ 38 9.03 Payment for Extra Work. .................................................................................................... 38 9.04 Progress Payments, Retained Percentage .......................................................................... 40 9.05 Engineer's Action on Request for Payment ....................................................................... 41 9.06 Owner's Action on an Approved Request for Payment .................................................... 41 9.07 Payment for Work by the Owner ....................................................................................... 41 9.08 Payment for Uncorrected Work ......................................................................................... 41 9.09 Payment for Rejected Work and Materials. ....................................................................... 41 9.10 Payment for Work Suspended by the Owner .................................................................... 42 9.11 Payment for Work Following Owner's Termination of the Contract .............................. 42 9.12 Payment for Work Terminated by the Contractor............................................................. 42 9.13 Release of Liens .................................................................................................................. 42 9.14 Acceptance and Final Payment .......................................................................................... 42 9.15 Termination of Contractor's Responsibility ....................................................................... 43 9.16 Correction of Faulty Work After Final Payment ............................................................... 43 9.17 Failure to Pay for Labor and Materials .............................................................................. 43 9.18 Contract Documents ............................................................................................................ 45 9.19 As-Built Requirements ........................................................................................................ 71 GC-1 SECTION 1.00 - DEFINITIONS 1.01 GENERAL: For the purposes of the Contract Documents and any documents or instruments dealing with the construction, operations governed by these documents, the terms defined in this section have the meanings given them. 1.02 ADDENDUM: A supplement to the proposal form as originally issued or printed, covering additions, corrections, or changes in the bidding conditions for the advertised work, that is issued by the Contracting Authority to prospective bidders prior to the date set for opening of proposals. 1.03 BID: The written offer or copy thereof of a bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed bid form properly signed and guaranteed. 1.04 BIDDER: An individual, firm, partnership or corporation, or combination thereof, submitting a bid for the work contemplated and acting directly or through a duly authorized representative. 1.05 CALENDAR DAY: Every day shown on the calendar. 1.06 CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the contract price or time of completion. 1.07 CONTRACT: The written agreement between the Contracting Authority and the Contractor setting forth their obligations, including, but not limited to, the performance of the work, the furnishing of labor and materials, the basis of payment, and other requirements contained in the Contract Documents. The Contract Documents consist of the following: (1) Legal and Procedural Documents (a) Advertisement for Bids (b) Information for Bidders (c) Bid (d) Proposal Guaranty (e) Contract (f) Performance Bond (g) Payment Bond (h) Affidavit of Non-Collusion (i) Certificate of Insurance (j) Notice of Award (k) Notice to Proceed (2) Special Provisions (3) Specifications GC-2 (4) General Conditions (5) Plans (6) Addenda (7) Supplemental Agreements & Change Orders 1.08 PERFORMANCE BOND: The Contractor's Performance Bond required by the Contract Documents. 1.09 PAYMENT BOND: The Contractor’s Payment Bond required by the Contract Documents. 1.10 CONTRACT PRICE: The total moneys payable to the Contractor under the terms and conditions of the Contract Documents. 1.11 CONTRACTOR: The person, firm or corporation with whom the Owner has executed the contract agreement. 1.12 DRUG AND ALCOHOL TESTING: Refers to the Federal Highway Administration (FHWA) drug use and alcohol testing rules published February 15, 1994, which apply to persons required to have a commercial driver's license (CDL). 1.13 CITY ENGINEER: The City of Chanhassen’s employee in charge of overseeing all capital projects and engineering matters. 1.14 ENGINEER: The duly authorized engineering representative of the Owner, acting directly or through his/her designated representatives who have been delegated the responsibility for engineering project administration. 1.15 FIELD ORDER: A written order affecting a change in the work not involving an adjustment in the contract price or an extension of the contract time, issued by the Engineer to the Contractor during construction. 1.16 GOVERNMENTAL AGENCY: A governmental unit other than the Owner having jurisdiction of the premises. 1.17 INSPECTOR: An authorized representative of the Engineer, assigned to make any or all necessary inspections of the work performed and the materials furnished by the Contractor. 1.18 LABORATORY: The testing laboratory of the Owner or any other testing laboratory which may be designated by the Owner. 1.19 NOTICE OF AWARD: The written notice of the acceptance of the bid issued by the Owner to the successful bidder. GC-3 1.20 NOTICE TO PROCEED: The written notice issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 1.21 OWNER: A private, public or quasi-public body or authority, corporation, association, partnership, or individual for whom the work is to be performed. 1.22 PLANS: The official drawings, plans, profiles, typical cross sections and supplemental drawings, or reproductions thereof, prepared by the Engineer, which show the location, character, dimensions and details of work to be performed. All such drawings, as listed elsewhere in the Contract Documents, are a part of the plans whether attached to the Contract Documents or separate therefrom. 1.23 PROJECT: The undertaking to be performed as provided in the Contract Documents. 1.24 PROPOSAL FORM: The approved form on which the contracting authority requires bids to be prepared and submitted for the work. 1.25 PROPOSAL GUARANTY: The security furnished with a bid to guarantee that the bidder will enter into the Contract if the bid is accepted. 1.26 SHOP DRAWINGS: All drawings, diagrams, framework plans, falsework plans, erection plans, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the work shall be fabricated or installed. 1.27 SPECIAL PROVISIONS: Contract requirements specific to the project which are not otherwise thoroughly or satisfactorily detailed and set forth in the detail specifications or plans. 1.28 SPECIFICATIONS: The directions, provisions, and requirements contained herein, together with all written agreements made or to be made pertaining to the method and manner of performing the work, or to the quantities and qualities of materials to be furnished under the contract. 1.29 SUBCONTRACTOR: An individual, firm, or corporation to whom the contractor sublets part of the Contract. 1.30 SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the project or specified part can be utilized for the purposes for which it is intended. 1.31 SUPPLEMENTAL GENERAL CONDITIONS: Modifications to generate conditions required by a local, state or federal agency for participation in the project and approved by the agency in writing prior to inclusion in the Contract Documents. GC-4 1.32 SUPPLIER: Any person, or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 1.33 SURETY: The person, firm, or corporation who executes the proposal guaranty or the contract bond. 1.34 TIME OF COMPLETION: The date set in Contract Documents for completion of the work; or number of working or calendar days after notice to proceed set out in Contract Documents (See also Section 8.07 of the General Conditions). 1.35 WORK: The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all duties and obligations imposed by the contract upon the Contractor. 1.36 WORKING DAYS: Any day, excluding Saturday, Sunday or State recognized Legal Holidays, when weather conditions or the results of weather conditions will allow the Contractor to pursue, for two hours between 8:00 a.m. and 4:30 p.m. with the normal working force, any item or items of work which would be in progress at that time. GC-5 SECTION 2.00 - BIDDING REQUIREMENTS AND CONDITIONS 2.01 QUALIFICATIONS OF BIDDERS If requested, bidders must present satisfactory evidence that they are familiar with the class of work specified, and that they are provided with the necessary capital, tools, machinery and other equipment necessary to conduct the work and complete the improvement within the time specified in the proposal, in a good and workmanlike manner and to the entire satisfaction of the Owner. The Owner will review the qualifications and experience of bidders after bids are opened and before a contract is awarded, to determine if the bidder is "responsible." A "responsible" bidder is a bidder qualified to do the work. This will be determined by assessing the bidder's skill, resources, experience, successful performance of similar contracts (on time and on budget), and all other matters bearing upon the likelihood that the contract will be successfully completed. In all cases where a bidder is unknown or where there are any questions about the qualifications of the bidder, the following information may be required of the apparent low bidder: A. Identify all similar public projects in which you were the contractor. If you have had more than five such contracts, list only the last five contracts, and as to each contract identified, provide the following information: Project Description: Date: Contact Person at City/County/State: Were change orders in excess of 5% requested? If yes, explain the circumstances. Were liquidated damages assessed? If yes, explain the circumstances. Was the project completed on schedule? If no, explain the circumstances. B. Describe all construction arbitration claims and any construction or project litigation in which you have been a party in the last five years. C. Identify all public projects you have had with the City of Chanhassen in the last five years. D. In the last five years, has a bonding company ever refused to issue you a performance bond? If yes, explain the circumstances. E. In the last five years, have any claims been filed against a performance or payment bond that you have provided a public entity? If yes, explain the circumstances. GC-6 F. In the last five years, has your firm or any of its owners or employees been fined by a federal or state agency for a contract or workplace matter (such as wage or hour or safety violations), or debarred under Part 29, Title 49 CFR or any other law from submitting bids on public projects? If yes, explain the circumstances. G. In the last five years, has your firm or any of its owners or employees been charged or convicted of a crime involving the awarding, bidding or performance of a government contract? If yes, provide full details. The bidder agrees that they are fully responsible to the Owner for the acts and omissions of any proposed subcontractors and of persons either directly or indirectly employed by them, as they are for the acts and omissions of persons directly employed by them. Failure on the part of any bidder to carry out previous contracts satisfactorily, or lack of experience or equipment necessary for the satisfactory completion of the project, may be deemed sufficient cause for disqualification. 2.02 CONTRACT DOCUMENT INTERPRETATIONS All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and the Contractor shall be responsible for familiarizing themselves with all permits, bond and other requirements for the work to be performed. All work shall be performed in accordance with the most recent version of the City of Chanhassen Standard Specifications and Detail Plates. In the event a work item is not addressed in the Chanhassen Standard Specifications and Detail Plates, the most recent version of the Minnesota Department of Transportation Standard Specifications shall govern. Whenever reference is made to the Minnesota Department of Transportation Standard Specifications, the word “Owner” shall be substituted for “State” and “Department” where appropriate and the word “Engineer” is understood to refer to the engineer for the Owner. The City of Chanhassen Standard Plates included as part of these Specifications take precedence over the Minnesota Department of Transportation Standard Plates in all instances of conflict. If any person contemplating the submitting of a bid for a proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed Contract Documents, they may submit to the Engineer a written request for an interpretation thereof at least three days prior to the scheduled bid opening. The persons submitting the request will be responsible for prompt delivery to the Engineer. Any interpretation of the proposed documents shall be made by addendum, duly numbered and dated. A copy of such addendum will be posted to QuestCDN, and each bidder shall acknowledge receipt of that addendum on their proposal form. Such addendum will be attached to all documents issued after the date of the addendum and shall remain a part thereof. The Owner and Engineer will not be responsible for any other explanation or interpretation. The Owner reserves the right to modify the plans, specifications, special provisions, or proposal at GC-7 any time prior to bids being opened, in accordance with the procedures for issuance of an addendum. All proposals shall be made and received with the express understanding that the Bidder accepts the terms and conditions contained in these instructions and the plans and specifications, forms of contract and bond, and any other Contract Documents referred to herein. If, after the bids have been delivered to the Owner, any difference of opinion shall arise as to the true intent or meaning of any part of the specifications, the decision of the Engineer shall be final, conclusive, and binding on all parties. 2.03 INTERPRETATION OF QUANTITIES IN BID SCHEDULE The schedule of quantities is approximate only and is assumed solely for the purpose of comparing bids. The quantities on which payment will be made to the Contractor are to be determined by measurements of the work actually performed by the Contractor as specified in the Contract Documents. 2.04 SITE INVESTIGATION Each bidder must satisfy themselves and form their own opinions by personal examination of the location and ground of the proposed work, and by such other means as they may desire, as to the actual conditions and requirements of the work, including the materials to be excavated; must make their own interpretations and satisfy themselves by their own investigations and research regarding all conditions affecting the work to be done and the labor and materials needed, and shall make their sole reliance thereon. Any information or data furnished by the Owner or its representatives is for the convenience of any bidder and is not guaranteed. The bidder shall thoroughly examine and familiarize themselves with the Drawings, Special Provisions, and all other Contract Documents. The Contractor, by the execution of the contract, shall accept all responsibility for having examined the site and acquainted themselves with the conditions there existing and the conditions of the contract. The Owner will be justified in rejecting any claim based upon the Contractor’s lack of proper examination of the site conditions and legal obligations of the contract after execution of the contract. 2.05 SUBMISSION OF PROPOSAL Sealed bids will be received by the Owner up to the date and hour as specified in the Advertisement for Bids at the office of the Owner or as otherwise specified. Bids received after the time specified shall be returned unopened. All bids must be in ink upon the bid form included in the Specifications with a given price for each item and aggregate amount for the work, and must be signed and acknowledged by the bidder in accordance with the directions on the bid form. If a separate proposal form is provided, this separate form is to be submitted, not the form bound into the specification book. In order to ensure consideration, the bid shall be enclosed in a sealed envelope addressed to the Owner and clearly marked as to the time and date of bid opening, the name of the project, and name and address of bidder. GC-8 2.06 PROPOSAL GUARANTY Each bid shall be accompanied by a Proposal Guaranty in the form of a money order, certified check or bid bond, payable to the order of the owner in an amount not less than five percent (5%) of the total amount of the bid. No bid will be considered unless accompanied by the Proposal Guaranty. In case alternate bids are called for, one Proposal Guaranty in the amount of five percent (5%) of the total amount of the highest bid alternative will be sufficient for all bids. As soon as the bids have been tabulated, all Proposal Guarantees shall be returned to the bidders, except those of the three lowest responsible bidders, which shall be returned after the agreement is executed and the required bonds and insurance received, approved, and accepted by the Owner. 2.07 AFFIDAVIT OF NON-COLLUSION Each bidder shall submit with his/her proposal, an affidavit of non-collusion, signed by one of the officers of the firm and notarized. The Affidavit to be used is bound into these Contract Documents. A sample affidavit is included in the attachments. 2.08 WITHDRAWAL OF PROPOSALS Any bid may be withdrawn or modified prior to the schedule time for the opening of bids or authorized postponement thereof. After the time set for opening of the bids, no bidder may, without the consent of the Owner, withdraw their bid or claim extra compensation or damages for any error or omission made by said bidder in preparing their bid, for a period of 60 days. Bid guarantees may be held by the Owner for said 60 days until all of the bids submitted have been canvassed, a contract awarded and executed, and the required bonds and insurance furnished and approved. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. GC-9 SECTION 3.00 - AWARD AND EXECUTION OF CONTRACT 3.01 EVALUATION OF PROPOSALS The bids from each responsible bidder will be considered on the basis of the amounts as shown on the bid form, and awarded to the lowest bidder determined by correctly adding the products resulting from correctly multiplying the quantities stated by the unit prices bid therefore, and as otherwise described in the Special Provisions when alternate bids are included in the proposal form. The prices are to include the furnishing of all materials; all labor and services necessary or proper for the completion of work, except such as may be otherwise expressly provided in the Contract Documents. The Owner reserves the right to reject any or all bids or to accept the bid deemed in the best interest of the Owner. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected; any bid having erasures or corrections in the price sheet may be rejected; any bid which omits an amount on any one or more items in the price sheet may be rejected; any bid in which unit prices are obviously unbalanced may be rejected; any bid accompanied by an insufficient or irregular bid bond may be rejected; any bid which omits acknowledgment of the receipt of addenda may be rejected. The Owner may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. All bids shall be subject to review and approval of the Owner. 3.02 CONTRACT AWARD AND EXECUTION Following acceptance of the bid by the Owner, a “Notice of Award” letter will be mailed to the Contractor together with the prepared contract agreements for signature and return. The Notice of Award letter will specify that the Contractor also submit affidavits or copies of insurance coverage, a payment bond and a performance bond. No contract will be executed until the required affidavits and bond are submitted and have been approved as to form by the Owner. The performance bond and payment bond shall each be in the amount of 100 percent of the contract price with a corporate surety approved by the Owner. Attorneys-in- fact who sign bid bonds or performance bonds must file with each bond a certified and effective dated copy of their power of attorney. For purposes of the agreement, affidavit of insurance, the payment bond, and performance bond, the contract amount is the bid amount accepted by the Owner. The final amount of the contract shall be determined by summation of multiplying and summing the resulting product of the final measured quantities of the various items actually constructed and installed by the unit prices stated therefore, in the manner prescribed in the specification. The party to whom the contract is awarded will be required to execute the Agreement, obtain the affidavits, the payment bond, and the performance bond, and return them to the Engineer within 10 calendar days from the date when Notice of Award is delivered to the bidder. In case of failure GC-10 of the bidder to complete these items, the Owner may at their option consider the bidder in default, in which case the bid guaranty accompanying the proposal shall become the property of the Owner. The Owner within 10 calendar days of receipt of acceptable performance and payment bonds, affidavits and Agreement signed by the bidder to whom the Agreement was awarded shall sign the Agreement and return to the bidder an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may by written notice withdraw their signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. A notice to proceed shall be issued within 10 calendar days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the 10 calendar day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Notice of Award letter is not an order to proceed. The Contractor will have no authority to perform work under this contract until all Contract Documents as indicated above are properly completed and placed on file at the Owner’s Offices and a Notice to Proceed is issued by the Owner. A Notice to Proceed with the work under this project will be sent to the Contractor upon satisfaction of the above-indicated requirements and after a preconstruction conference is held. 3.03 PROPOSAL ALTERNATES When a project includes a bid alternate, all bidders are required to submit pricing for said alternate as a part of their bid. The Owner reserves the right to accept or reject any or all of the individual items included as a part of the bid alternate. The Owner-accepted bid alternate items’ prices will be considered as part of the low bid determination for contract award. If all alternates are rejected, the lowest base bid submitted will be considered the low bid for purposes of contract award. 3.04 CONTRACT SECURITY & GUARANTY The successful bidder shall be required to furnish the Owner with a performance bond and payment bond in the form required by law, each in an amount of one hundred (100%) percent of the contract amount, based on the lump sum or the anticipated quantities and unit prices, as determined by the Engineer. The bonds shall guarantee the proper prosecution and completion of the work by the successful bidder; and shall further guarantee the prompt payment by the successful bidder or all persons or firms furnishing labor, tools, materials and supplies for the work. Upon completion of said work, an acceptable and separate 100% maintenance bond shall be furnished to guarantee the quality of material and workmanship of said work for a period of two years from the date of final acceptance by the City. The Contractor may not release the surety company on this 100% maintenance bond until a written release of said 100% maintenance bond is given by the Owner. GC-11 When a period of two years has elapsed after the date of the acceptance of the work by the Owner and if upon inspection by the Owner the work is found in good condition the maintenance bond shall be released. If it is found by the inspection after two years use that some of the work and some of the materials are defective, such work or materials shall be replaced or repaired by the Contractor, and only when the Contractor has properly replaced and repaired such defective work and/or materials will the Owner then release the 100% maintenance bond. In the event that the Contractor fails to meet the time obligations of the initial maintenance bond and requests an extension of time, a $1,000 escrow will be required to offset additional costs incurred by the Owner to administrate the maintenance bond extension. 3.05 PRECONSTRUCTION CONFERENCE Prior to the start of any work there shall be a pre-construction conference arranged by the Engineer. Representatives of the Owner, Engineer, Developer, Contractor, Subcontractor, Project Foreman, and Utility Companies shall be notified to be present at this meeting. The Contractor's project superintendent shall be familiar with all phases of the work to be executed and shall oversee the work during its progress. The project superintendent shall represent the Contractor, and communications and directions given to the superintendent shall be as binding as if given to the Contractor. The Contractor's list of subcontractors and suppliers shall be submitted and reviewed along with scheduling, materials (including bituminous mix design), material sources, proposed haul routes, construction methods, desired materials substitutions, and any other information necessary for the orderly execution of the work. The specifications and certifications for all products, materials and supplies furnished shall be submitted for review prior to the preconstruction conference. 3.06 FAILURE TO EXECUTE CONTRACT Failure on the part of the successful bidder to execute the Contract, furnish an acceptable bond, or comply with any other requirements imposed precedent to the Contract, within the time allowed, shall be considered just cause for cancellation of the award and forfeiture of the Proposal Guaranty, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder, or the work may be re-advertised or otherwise performed at the discretion of the Owner. GC-12 SECTION 4.00 - SCOPE OF WORK 4.01 ADDITIONAL INSTRUCTIONS If the instructions and plans are not sufficiently clear to permit the Contractor to proceed with the work, the Engineer shall, upon the request of the Contractor, furnish additional written instruction, together with additional drawings as may be necessary. When such request is made by the Contractor, it must be in ample time to permit the preparation of the instructions and drawings by the Engineer before the construction of the work covered by them is undertaken. Such additional instructions and drawings shall be consistent with the Contract Documents and shall have the same force and effect as if contained in the original Contract Documents. For the purpose of avoiding delays in the preparation of such additional instructions and drawings, the Engineer and the Contractor shall jointly prepare a schedule showing the time for the commencement of the work to be included in them and the time the Contractor shall furnish the necessary shop drawings which may be necessary for their preparation. The Contractor shall do no work without proper drawings or instructions and shall replace any work not in accordance with such drawings and instructions at no additional cost. 4.02 CHANGES OR ALTERATIONS IN THE WORK The Owner, without invalidating the contract, may order extra work or make changes by altering, adding to or deducting from the work; the contract sum being adjusted according to the respective unit bid prices. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. If the Contractor claims that any instructions by drawings or otherwise issued after the date of the contract involved extra cost under the contract, the Engineer shall be given written notice thereof within seven days, after the receipt of such instructions, and in any event before proceeding to execute the work, except emergency endangering life or property, and the procedure shall then be as provided for elsewhere herein for changes in the work. No such claim shall be valid unless so made. In giving instructions, the Engineer shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work but otherwise (except in an emergency endangering life or property) no extra work or change shall be made unless in pursuance of a written order by the Engineer. 4.03 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the contract documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, signed by the parties to be bound or by the representatives of the parties authorized to enter into such a waiver or modification, and no evidence shall be introduced in any proceeding of any other waiver or modification. GC-13 4.04 INTERPRETATIONS AND CHANGE ORDERS No oral interpretation shall be made to the Contractor as to the meaning of any of the Contract Documents or to modify any of the provisions of the Contract Documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Engineer. The Owner will not be responsible for any other explanation or interpretation of the plans and specifications. If unforeseen conditions require a change in the dimensions of a structure, location of underground pipes, or major variations of a similar nature from the original plans, necessitating exceeding the reasonable limits defined above, or being of the nature of a substantial departure from the original plans, such change shall be covered by a change order. The change order is to set forth in complete detail the nature of the change and reasons therefore. The compensation to be paid the Contractor and whether it is an addition or a reduction with respect to the original contract costs is also to be covered in detail. Should additional or supplemental drawings be required, they will be furnished by the Engineer. 4.05 SALVAGE Unless otherwise indicated on the plans or in the Special Provisions, all castings, pipe and any other material taken from the work shall be the property of the Contractor. 4.06 FOSSILS If any fossils, treasure or other unusual or valuable geological formations are found in the progress of excavating, such fossils, treasure or samples of geological formations shall be carefully preserved by the Contractor and the Contractor shall restrict or suspend operations in the immediate area of the discovery and shall immediately notify the Engineer of the discovery. The suspension of work for a period not to exceed 72 hours shall be allowed without claim by the Contractor for any damages as a result thereof. These items shall become the property of the state or federal agency concerned with their preservation and study. 4.07 CLEANUP The Contractor shall, at no cost to the Owner, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so within 72 hours after request by the Engineer, the work may be done by the Owner and cost thereof be charged to the Contractor and deducted from the final estimate. GC-14 SECTION 5.00 - CONTROL OF WORK 5.01 ENGINEER'S RESPONSIBILITY AND AUTHORITY The Engineer is responsible for the general supervision and direction of the inspection. The Engineer will decide all questions regarding:  Quality and acceptability of materials furnished and work performed.  Manner of performance and rate of progress of the work.  Interpretation of the Plans, Specifications, and Special Provisions.  Measurement, control of quantities, and the amount of any deductions or adjustments to be made in payment.  Acceptable fulfillment of all Contract Provisions on the part of the Contractor. The Engineer is not responsible for the acts or omissions of the Contractor's superintendent or employees. The Engineer shall, within a reasonable time after receiving written notification, make decisions in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. All such decisions of the Engineer shall be final, except where time or financial considerations are involved, in which case, the decision is subject to arbitration (if less than $10,000) as per these general conditions. Any dispute over $10,000 shall be settled in Carver County District Court. Failure to condemn any inferior material or work at the time of its use or construction shall not be construed as an acceptance of the same, but the Contractor shall upon notice from the Engineer at any time prior to the final acceptance of the improvement immediately tear out, remove and properly reconstruct, at no cost to the Owner, any portion of this improvement which the Engineer may decide to be defective and the Contractor will be held wholly responsible for the safety, proper construction and perfection of the entire improvement until the same has been finally accepted and paid for by the Owner. The Engineer will make final inspection of all work included in the contract or any portion thereof, as soon as practicable after notification by the Contractor that such work is nearing completion. If such work is not acceptable to the Engineer at the time of the inspection, the Contractor will be advised in writing as to the particular defects to be remedied before such work can be accepted. If, within a period of ten days after such notification, the Contractor has not taken steps to speedily complete the work as directed, the Engineer may, without further notice and without in any way impairing the contract, make such other arrangements as deemed necessary to have such work completed in a satisfactory manner without regard to remaining contract completion time. The cost of completing such work shall be deducted from any moneys due, or which may become due the Contractor on the contract. GC-15 5.02 INTENT OF PLANS AND SPECIFICATIONS The intent of the plans and specifications is that the Contractor furnishes all labor and materials, equipment and transportation necessary for the proper execution of the work unless specifically noted otherwise. The Contractor shall do all the work shown on the plans and described in the specifications and all incidental work necessary to complete the project in an acceptable manner and to fully complete the work or project, ready for use, occupancy and operation of the Owner. It is further the intention of the plans and specifications to set forth requirements of performance, type of equipment and structures, and standards of materials and construction, to require new material and equipment unless otherwise indicated and to require complete performance of the work without specific reference to any minor component part. It is not intended, however, that materials or work not covered by the specifications shall be supplied unless distinctly so noted. Materials or work described in words, which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards. All work shall be completed in accordance with the specifications and plans, and in compliance with applicable laws of Federal, State and local governments. 5.03 SHOP DRAWINGS The Contractor shall, upon request, submit shop drawings in quadruplicate for the approval of the Engineer. 5.04 DIMENSIONS Figured dimensions on the plans will be used in preference to scaling the drawings. Where the work of the Contractor is affected by finish dimensions or manufacturer's equipment, these shall be determined by the Contractor at the site, and s/he shall assume the responsibility therefore. 5.05 MODELS All models prepared for this work, in accordance with requirements of plans and specifications, shall become the property of the Owner at the completion of the work. 5.06 ADEQUACY OF PLANS AND SPECIFICATIONS The complete requirements of the work to be performed under the contract shall be set forth in plans and specifications to be supplied by the Owner through the Engineer or by the Engineer as representative of the Owner. 5.07 CONFLICT In the case of a conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below over those of a document listed later: 1. Contract Agreement Form 2. Special Provisions GC-16 3. Plans 4. Specifications 5. General Conditions 6. Bid 7. Bid Form Special provisions and detail plans are intended to modify and prevail over standard plans and specifications. 5.08 DISCREPANCIES IN PLANS The drawings, specifications, and other parts of the plans are intended to complement one another. Anything shown on the drawings but not mentioned in the specifications, or vice versa, or anything not expressly set forth in either but which is reasonably implied, shall be furnished as though specifically shown and mentioned in both without any extra charge. Should anything be omitted from the drawings and necessary to the proper construction of the work herein described, it shall be the duty of the Contractor to notify the Engineer prior to beginning work; and in the event of the Contractor failing to give such notice, the Contractor shall make good any damage or defect in work caused thereby, without extra charge to the owner. Questions as to meaning of plans and specifications shall be interpreted by the Engineer, whose decisions shall be final and binding on all parties concerned. (See also Section 5.01 of these General Conditions.) The Engineer will provide the Contractor with such information as may be required to show revised or additional details of construction. The Engineer will provide full information when errors or omissions in the plans and specifications are discovered. Any work done by the Contractor, after discovery of such discrepancies, errors or omissions and prior to a decision by the Engineer, shall be done at the Contractor's risk. 5.09 SEPARATE CONTRACTS The Owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate the work with that of other contractors. If any part of the Contractor's work depends for proper execution or results upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. Failure to so inspect and report shall constitute an acceptance of the other Contractor's work. To insure the proper execution of the work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings. 5.10 PLANS AND SPECIFICATIONS AT JOB SITE One complete set of all plans and specifications shall be maintained by the Contractor at the job site and shall be available to the Engineer at all times. GC-17 The Owner retains the right of access to all plans, specifications and drawings. 5.11 MOVING OF PUBLIC AND PRIVATE UTILITIES The Owner will give reasonable notice to all affected utility companies of the potential necessity of movement of their installations prior to commencement of the work. It shall be the responsibility of the Contractor to coordinate the work with the utility companies. It is provided that no utility, private or public, shall be moved to accommodate the Contractor's equipment or the method of operation when such utility does not conflict with the installation of the improvement under construction unless the costs of such removal shall be at the expense of the Contractor. The Contractor shall notify the proper representatives of any public utility, corporation, and company or individual, not less than 48 hours in advance of any work which might damage or interfere with the operation of their or his/her property along or adjacent to the work. 5.12 PROTECTION OF EXISTING IMPROVEMENTS AND UTILITIES Prior to construction, the Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas main and other private utilities as well as public utilities of the City, County, or State which may be underground or overhead within street and highway right of way or within easements and which may be interfered with under this contract. In cases where the alignment, as shown on the plans, coincides with the existing location of either an overhead or underground privately owned utility so that, in the opinion of the Engineer, the relocation of said utility is required to complete the installation, the Owner shall provide for such relocation unless specified otherwise in the Special Provisions. Existing underground, surface or overhead structures are not necessarily shown on the plans. Those shown are only approximate and no responsibility is assumed by the Owner or the Engineer for the accuracy of location. The Contractor shall make such investigations as are necessary to determine the extent to which existing structures may interfere with the work contemplated under this contract. The sizes, locations and depths of such structures as are shown on the plans and profiles are only approximate and the Contractor shall verify the accuracy of the information given. The Contractor shall support and protect by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the work. At all shaft sites and on all open cut work, the Contractor shall provide and maintain free access to fire hydrants, water and gas valves, manholes and similar facilities. Gutters and waterways shall be kept open or other satisfactory provisions made for the removal of the storm water. GC-18 The Contractor shall provide as incidental to the work all methods for adequately draining the work and shall assume full responsibility and liability for damage to any persons or property resulting from such damage. No trees shall be cut except upon the specific authority of the Engineer. Trees adjacent to the work shall be protected from all damage by the construction operations. Storm and sanitary sewers must be carefully protected from any sand or debris and any such deposition caused by the Contractor's operations must be removed from the manholes and pipes by the Contractor. Prior to construction commencement, the Contractor shall notify the Owner and conduct an inspection of potentially affected existing public utilities noting conditions such as sand in manholes or damaged valve boxes prior to the Contractor's construction. Once construction has commenced it will be assumed that all damage to surface and underground installations not previously noted has been caused by the Contractor's operations. The Contractor will be responsible to make the necessary corrections and/or repairs. 5.13 DAMAGE TO EXISTING IMPROVEMENTS OR UTILITIES If, through the Contractor's operations, any of said pipes, conduits, poles, wires, or apparatus should be damaged, they shall be repaired by the authorities having control of same, and the expense of such repairs shall be charged to the Contractor. The Contractor shall indemnify and save the Owner and Engineer harmless from claims for any damage done to any street or other public property; or to any private property by reason of breaking of any water pipe, sewer or gas pipe, electric conduit, or other utility by or through the Contractor’s negligence. The Contractor shall restore, or have restored at his/her own cost and expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or shall make good such damage from injury in a manner acceptable to the Owner or the Engineer. In case of failure on the part of the Contractor to restore such property or make good such damage or injury, the Engineer may, upon 48 hours written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any moneys due to the Contractor under this contract and if not so deducted, the Contractor will be obligated to forth with reimburse the Owner for the cost thereof. The Contractor shall indemnify and save the Owner and Engineer harmless from claims brought for or on account of any damage, maintenance, removal or replacement, or relocation of mains, conduits, pipes, wires, cables or other such structures of private utility firms or corporations, whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress. GC-19 The Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy or the omission of any of the information given on the drawings, relative to the surface, overhead, or underground structures or by reason of the Contractor’s failure to properly protect and to maintain such structures. The Contractor is to exercise extreme care in crossing or working adjacent to all utilities and shall be responsible to protect and maintain their operation during the time the work is in progress. The Contractor shall restore, at no cost to the Owner, any public structures such as water mains, water connections and appurtenances, sewers, manholes, catch basins and sewer connections which are damaged or injured in any way by his/her acts. No trees shall be removed without permission of the Engineer. No compensation will be paid for cutting down, removing and disposing of shrubs. Any trees or shrubs deemed savable will be field located by the Engineer and shall be fully protected by this Contractor during construction. Any trees removed or damaged by the Contractor, which were deemed savable by the Engineer, will be replaced at the Contractor's expense with a new tree as near in size and kind as possible, but never larger than 6" caliper as measured six inches (6”) above the ground surface. All trimming of trees has to be approved by the Engineer. All trees damaged during construction shall be trimmed and repaired. The following procedures shall be adhered to when constructing utilities near trees. A. Cut roots cleanly. B. Backfill trench as soon as possible; do not leave the roots exposed to air. C. No equipment or construction materials shall be stored beneath a tree's drip line. D. Clean up around trees immediately after construction. 5.14 MONUMENTS AND STAKES The Contractor shall not disturb any monuments or stakes found on the line of this improvement until ordered by the Engineer. The Engineer will furnish and set all new monuments or stakes required along the line of this improvement, but the Contractor will be responsible for their protection. In case any monument or stake is disturbed by the Contractor without orders from the Engineer, the Contractor will be charged with cost of the survey and other work required to relocate the same. Prior to the start of construction, the Contractor shall give the Engineer five working days written notice when s/he requires the services of the Engineer for laying out any portion of the work is required. After the start of construction, the Contractor shall give the Engineer 48 hours’ notice, not including Saturday or Sunday, when s/he requires the services of the Engineer for laying out any portion of the work is required. GC-20 5.15 INSPECTORS Inspectors may be appointed by the Engineer or Owner subject to approval by the City Engineer to see that the work is performed in accordance with the plans and specifications. Inspector qualifications shall be submitted in writing to the City Engineer. 5.16 EXAMINATION OF COMPLETED WORK At the request of the Engineer, the Contractor at any time before acceptance of the work shall remove or uncover such portions of the finished work as requested. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed shall be paid for as extra work, in accordance with requirements of Section 9.03 of the General Conditions; but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 5.17 OWNER'S RIGHT TO CORRECT DEFICIENCIES If the Contractor should neglect to execute the work properly or fail to perform any provision of this contract, the Owner after ten days' written notice to the Contractor may, without prejudice to any other remedy, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 5.18 TRAFFIC CONTROL AND MAINTENANCE (A) Maintenance of Traffic The Contractor is responsible for maintenance, control, and safeguarding of traffic within and immediately abutting the project as further outlined herein, and as may otherwise be provided in the Special Conditions. The Contractor is responsible for maintenance, control, and safeguarding of traffic on all detours. The Owner reserves the right to select any detour routes and will coordinate with other governmental agencies. (B) Street Closures or Partial Closures Streets may be closed to through traffic but shall not be closed to traffic until such closure has been approved by the Owner. Street closures shall be made in such a manner as to provide for maximum public safety and public convenience. They shall be opened to through traffic at such times as the work has been completed, or as the Owner may direct. (C) Existing Traffic Signs and Facilities The Contractor will make all necessary adjustments to traffic signals and traffic signal activators at no cost to the Owner. Existing traffic and street name signs which will interfere with construction will be removed by the Contractor as required by the construction schedule. Upon completion of the project, the Contractor shall reset all such signs. (D) Detours & Haul Routes GC-21 Contractors shall plan haul routes utilizing State Trunk Highways and County State Aid Highways. Any requests to use City streets as haul routes shall be made in writing to the Engineer. The Engineer shall have the final decision to approve or disapprove haul route requests and impose road damage penalties as necessary. (E) Local and Emergency Traffic Local traffic shall be provided access to private properties at the end of each day, except during some urgent stages of construction when it is impracticable to carry on the construction and maintain access simultaneously, such as for the placing of bituminous pavement, placing and curing of Portland cement concrete, and utility excavations which prohibit safe travel of vehicular traffic. Emergency traffic such as police, fire and disaster units shall be provided reasonable access at all times. The Contractor shall notify the Owner 48 hours prior to proposed partial blockage or closure of any street or public right of way and shall place all necessary warning signs and provide all necessary flaggers. The Contractor shall notify the police/fire department 48 hours prior to the proposed blockage or closure of any street or public right of way. (F) Protection of Pedestrian and Vehicular Traffic The Contractor shall take every precaution to protect pedestrian and vehicular traffic. (G) Restriction of Parking Where parking is a hazard to through traffic or to the construction work, it shall be restricted either entirely or during the time when it creates a hazard. Signs for this purpose will be furnished and placed by the Contractor. The Contractor shall be responsible for and shall maintain the signs if they are used on any street which is directly involved in the construction work. If the no parking signs are to be used beyond the confines of the work area, such as another street being used as a detour, the signs will be the responsibility of the Contractor. (H) Flaggers The Contractor shall furnish at his/her own expense all flaggers. 5.19 TRAFFIC CONTROL WITHIN AND ABUTTING THE PROJECT The Contractor shall place and maintain all signs, barricades and warning lights within the limits of the project on all streets, alleys and driveways entering the project so that approaching traffic will turn right or left on existing undisturbed streets before reaching the warning signs and barriers immediately abutting the project. Barricades shall be furnished by the Contractor. The Contractor shall assume responsibility for signs and traffic control devices beyond the limits herein before described. GC-22 5.20 REMOVAL OF CONSTRUCTION EQUIPMENT, TOOLS AND SUPPLIES At the termination of this contract, before acceptance of the work by the Owner, the Contractor shall remove all equipment, tools and supplies from the property of the Owner. Should the Contractor fail to remove such equipment, tools and supplies, the Owner shall have the right to remove them. 5.21 SUSPENSION OF WORK BY ENGINEER When, in the judgment of the Engineer, unfavorable weather or any other condition makes it impractical to perform work in accordance with the contract, or should the Contractor fail to comply with the provisions of the contract or the requirements of the specifications, the Engineer may issue to the Contractor a written order to immediately suspend work and upon receipt of such notice, on that part of the contract work specified in said written order. When conditions are again favorable for prosecution of the work, the Engineer will issue to the Contractor a written order to resume the suspended work. Orders to suspend work will not be written for intermittent shutdowns due to weather conditions unless the suspension of work is to be for a period of time exceeding five working days. The Contractor shall be responsible for preventing any damage or unreasonable deterioration of the work during the time it is closed down. Suspension of the work by the Engineer is not grounds for claims by the Contractor for damages or extra compensation. Inspectors shall have authority to suspend all or a portion of the work which is not being properly performed and, subject to the final decision of the Engineer, to condemn and reject defective work and materials. Inspectors shall have authority to permit deviation from the plans and specifications and to suspend work as required for conformance with the plans and specifications. If requested by the Contractor, the suspension order will be given in writing. Inspectors shall not act as foremen or perform other duties for the Contractor. 5.22 SUSPENSION OF WORK BY OWNER The Owner may at any time suspend the work, or any part thereof, by giving ten days’ notice to the Contractor in writing. This work shall be resumed by the Contractor within ten days after the date fixed in a supplemental written notice from the Owner to the Contractor to do so. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Owner does not give a supplemental notice in writing to the Contractor to resume work at a date within a year of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended, and s/he will be entitled to the estimates and payments for all work done on the portions so abandoned, if any. If suspension of all or part of the work, which is subsequently resumed, causes additional expenses not due to the fault or negligence of the Contractor, the Owner shall reimburse the Contractor for additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the Owner within ten days after the date or order to resume work in order to receive consideration. This paragraph shall not be construed as GC-23 entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for supervision made at the request of the Contractor, or for any other delay provided for in the Contract Documents. GC-24 SECTION 6.00 - CONTROL OF MATERIALS AND WORKMANSHIP 6.01 QUALITY OF EQUIPMENT AND MATERIALS In order to establish standards of quality, the Engineer has, in the detailed specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. Whenever in these specifications, a material or article is specified by using the specific description or name of proprietary product, or name of a manufacturer or vendor, rather than by using descriptive detail or substance and function, any article which will perform the duties imposed adequately and to the same effectiveness as determined by the Engineer will be acceptable as a substitute in lieu of the material or articles so specified. Only materials conforming to the requirements of these specifications shall be used in the work. The source of any material shall not be changed at any time without the written approval of the Engineer. The Contractor may be required at any time to furnish a complete statement of the original, composition and manufacturer of any or all materials required in the work, or to submit samples of the same. Unless otherwise specified, all materials shall be new and both workmanship and material shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials or tools used in the work. All materials, supplies and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock products of recognized reputable manufacturers. The specifications and certifications for all products, materials and supplies furnished shall be submitted for review prior to the preconstruction conference. The Contractor shall furnish a complete list of proposed desired substitutions, together with such engineering and catalog data as the Engineer may require. List and information must be submitted prior to submittal of first progress payment estimate. The Contractor shall abide by the Engineer's judgment when proposed substitute materials or items of equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the Contractor and not by individual trades or material suppliers. The Engineer will approve or disapprove proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless so approved in writing. 6.02 TESTING All testing of materials and workmanship shall be conducted by a reputable and qualified firm totally independent of the contractor and owner. GC-25 6.03 USE OF PREMISES The Contractor shall confine equipment, storage of materials and operation of work to the limits indicated by law, ordinances, permits, easements or direction of the Engineer, and shall not unreasonably encumber the premises with said equipment and materials. 6.04 STORAGE OF MATERIALS Materials shall be stored so as to insure the preservation of their quality and fitness for the work and such materials, even though approved before storage, shall be subject to testing and must meet the requirement of these specifications at the time it is proposed to use them in the work. Materials shall be stored in a safe manner that will facilitate inspection and be in compliance with all applicable permits and regulations. The portion of the right of way not required for public travel may, with the consent of the Engineer, be used for storage purposes and for the placing of the Contractor's plant and equipment; but any additional space required; unless otherwise stipulated, shall be provided by the Contractor at no cost to the owner. From the commencement of the work until the completion of the same, the Contractor shall be solely responsible for the care of the work covered by this contract and for the materials delivered at the site intended to be used in the work and all injury or damage to the same from whatever cause, shall be made good at the Contractor’s expense before the final estimate is made. The Contractor shall provide suitable means of protection for and shall protect all material intended to be used in the work and all work in progress as well as completed work. All necessary precautions shall be taken to prevent injury or damage to work in progress of construction by flood, freezing or from inclemency’s of the weather at any and all times and only approved methods shall be used for this purpose. 6.05 MANUFACTURER'S DIRECTIONS Manufactured articles, material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. 6.06 REJECTED WORK AND MATERIALS All materials which do not conform to the requirements of the Contract Documents are not equal to samples approved by the Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected and shall be removed immediately from the Project, unless otherwise permitted. No materials which have been rejected - the defects on which have been corrected or removed - shall be used until approval has been given. If the Contractor does not remove such condemned work and materials within a reasonable time fixed by written notice, the Owner may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within ten days thereafter, the Owner may, upon ten days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to conform to the contract, whether incorporated in the work or not and the Contractor GC-26 shall promptly replace and re-execute the work in accordance with the Contract Documents without expense to the Owner and shall bear the expense of making good all work of the other contractors destroyed or damaged by such removal or replacement. Work done contrary to or regardless of the instructions of the Engineer, work done without lines, grade or cross stakes and grades shown on the plans or as given by the Engineer, or any deviation made from the plans and specifications without written authority will be considered unauthorized and at the expense of the Contractor and will not be measured or paid for by the Owner. Any and all work so done may be ordered removed and replaced immediately at the Contractor's expense. 6.07 MATERIALS FURNISHED BY THE OWNER Materials specifically indicated will be furnished by the Owner. The fact that the Owner is to furnish material is conclusive evidence of its acceptability for the purpose intended and the Contractor may continue to use it until otherwise directed. The Contractor shall notify the Engineer upon discovering any defect in materials furnished by the Owner. Materials furnished by the Owner, which are not of local occurrence, will be provided at locations listed on plans or in specifications. After receipt of the material the Contractor shall be responsible for material loss or damage, including that caused by third parties. 6.08 MATERIALS FURNISHED BY THE CONTRACTOR All materials used in the work shall meet the requirements of the respective plans and specifications. All materials not otherwise specifically indicated shall be furnished by the Contractor. GC-27 SECTION 7.00 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 7.01 COMPREHENSIVE GENERAL LIABILITY Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on a primary and non-contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 7.02 CONSTRUCTION DAYS AND HOURS Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First Violation Written Warning Second Violation $ 500.00 Third and Subsequent Violations $1,000.00 GC-28 The hourly rates will be in conformance with Engineer's current fee schedule. Overtime work is 1.5 times the hourly rate. Payment to the owner shall be made by deductions to the contractor's progress or final payments. 7.03 DRUG AND ALCOHOL TESTING All contractors and their subcontractors shall provide the City, prior to conducting any work, written verification of compliance with the Federal Highway Administration (FHWA) drug use and alcohol testing rules published February 15, 1994, which apply to persons required to have a commercial driver’s license (CDL). 7.04 WATER The Contractor shall make all arrangements with the City's Utility Superintendent for obtaining any water which may be needed for the construction. No water may be taken from any City hydrants unless authorized in writing by the Utility Superintendent. Failure to obtain City authorization will result in prosecution and fines within the limits of city ordinance. Access to private property shall be maintained/provided after 5:00 PM. Temporary mailboxes must be installed when the Contractor anticipates or the plans show as such. The Contractor must furnish, install, and remove temporary mailboxes. Temporary mailbox locations must be approved by the Engineer. 7.05 NOISE ELIMINATION The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers. 7.06 PATENTS All fees or royalties for patented invention, equipment, or arrangements that may be used in any manner connected with the construction or erection of the work, or any part thereof, shall be included in the price mentioned in the contract. 7.07 PRIVILEGES OF CONTRACTOR IN STREETS, RIGHTS-OF-WAY AND EASEMENTS For the performance of the contract, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places, or other rights-of-way, as shown on the plans or as permitted by the Engineer. A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space, but not more than is necessary to avoid delays in construction. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed, nor inconvenience occupants of adjoining property. Other Contractors of the Owner may, for all purposes required by their contracts, enter upon the work and premises used by the Contractor, and the Contractor shall give to other Contractors of the Owner all reasonable facilities and assistance for the completion of adjoining work. Any additional ground desired by the Contractor for sole use shall be acquired by the GC-29 Contractor at no cost to the Owner. Also, all maintenance and restoration costs shall be the responsibility of the Contractor. Where the work encroaches upon any right of way of any railway or state or county highway, the Owner shall apply for the necessary permits and the Contractor shall secure, pay the cost of all fees and provide bonds as required at no additional compensation. Where railway tracks or such highway are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company and highway department as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the railway company and highway department, except the right-of-way, shall be made by the Contractor at no cost to the Owner. The Contractor will not be paid direct compensation for such railway or highway crossing, unless so provided in the Special Conditions and Proposal. 7.08 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR The Contractor agrees that the provisions of State Statutes are as much a part of this contract as if fully set forth herein. 7.09 SAFETY Precautions shall be exercised at all times by the Contractor for the protection of persons, employees and property. The safety provisions of applicable laws and local building and construction codes shall be observed. The Contractor is solely responsible for the safety, proper construction and protection of the entire work until the same has been finally accepted and paid for by the Owner. The Contractor is responsible for conducting all work in compliance with the requirements of applicable state and federal laws, and the rules and regulations of such governmental agencies having jurisdiction over such operations. The Contractor shall be solely responsible for providing and maintaining at no additional cost to the Owner and on a 24-hour basis, all necessary safeguards such as temporary ladders, guard rails, protective fencing, shoring, bracing, dewatering, watchpersons, warning signs or signals, barricades and night lights at all unsafe places at or near the work. Provisions shall be made to prevent vehicles, pedestrians, and livestock from falling into open trenches or being otherwise harmed as a result of the work. Excavation in or adjacent to public streets or alleys in which water stands more than one foot deep shall be securely barricaded with snow fence so as to prevent access by small children at all times work is not being carried on at the site of excavation. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Contractor shall furnish and maintain at least two lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchpersons in sufficient numbers to protect the work. The Contractor shall in all cases maintain safe passageways at all road crossings, crosswalks and street intersections, and shall do all other things necessary to prevent accident or loss of any kind. GC-30 7.10 SANITARY PROVISIONS The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of employees as may be necessary to comply with the requirements and regulations of the governmental agency having jurisdiction there over. No public nuisance shall be permitted. Suitable sanitary conveniences for the use of all persons employed on the work, properly screened from public observation, shall be provided and maintained by the Contractor. 7.11 RAILROAD CROSSINGS Wherever a project is being constructed beneath, at grade or above railroad track, it shall be the Contractor's responsibility to contact the railroad company prior to constructing such crossings and to proceed with the construction as approved by the railroad company. The Contractor shall comply with all construction and additional insurance requirements of the railroad company. The Contractor shall hold the Owner and Engineer harmless from any and all damages resulting from operations in the construction at such crossings. 7.12 USE OF EXPLOSIVES Blasting will not be permitted in any case without specific authorization by the Owner, and then only under such restrictions as may be required by the proper authorities. If it is necessary to use explosives in the performance of the work, the Contractor shall take out permits and comply with all the laws, ordinances and regulations governing same. The Contractor shall fully protect all completed works as well as all overhead, surface or underground structures and shall be liable for any damage done to the work or to other structures on public or private property and injuries sustained by persons, by reason of the use of explosives in the operations. Explosives shall be handled, used and fired only by qualified people. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All such storage places shall be marked clearly "DANGEROUS EXPLOSIVES". Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. 7.13 PRIVATE PROPERTY The Contractor shall not enter upon private property for any purpose without having previously obtained written permission from the property owner. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, sprinkler systems, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 7.14 RIGHT TO USE IMPROVEMENT The Owner shall have the right to open to traffic or public use any portion of this improvement prior to the final completion of the whole work, but the use of any part or portion of this improvement by the Owner, by the public, or by any person or party, shall not be construed as acceptance of any portion of the work prior to the time of final completion and acceptance of the GC-31 entire improvement. 7.15 CONTRACTOR'S RESPONSIBILITIES The Contractor shall furnish all necessary machinery, tools, labor and material for every character required, and shall fully complete the work in accordance with the plan, specifications, and detail drawings, for the prices bid. All equipment to be used must be approved by the Engineer prior to starting the work. The Contractor shall perform the entire work under the contract and assume the responsibility for and risk of all damages to the work or to property adjacent to or on the line of said work. The Contractor shall have charge of and be responsible for the entire project until its completion and acceptance. This includes the responsibility to maintain all stages of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of the work during such periods as are necessary to insure proper care of the work. The Contractor is liable for any defects which may appear or be discovered before the final payment herein specified. The Contractor shall designate one person who shall have charge of the job and to whom the inspector may communicate. Whenever the Contractor is not present on the work, communications will be given to the superintendent or foreman in immediate charge of the work. Communications received shall be strictly obeyed. The Contractor shall be knowledgeable of and comply with the requirements of all pertinent permits and programs including, but not limited to, General Permit Authorization to Discharge Stormwater Associated With Construction Activity Under the National Pollution Discharge Elimination System, other provisions of the Clean Water Act, MN Rules Chapters 7001 and 7090, MN Wetland Conservation Act, DNR Public Waters Program, and others. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parties. In accordance with the contract agreement, the Contractor and associated sureties shall indemnify the Owner and any and all of its officers, Engineers, and employees from any claims and demands or losses, damages, costs, charges and expenses of every nature and description, whether direct or indirect, because of the performance of this contract, including all injuries to workers or persons other than workers and for all property damages. The Contractor shall indemnify the Owner against any such loss or any liability of any nature, whether direct or indirect, and the Owner reserves the right to deduct from any money due the Contractor the amount of any judgment or claims therefore. The obligations of the Contractor do not extend to the liability of the consultant or Engineer, the consultant’s agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications which are certified by the Engineer. The approval of the above documents by the Engineer shall be subject to the conditions, limitations and exceptions stated on such documents and in contract documents. No approval of any document by the Engineer shall be implied. The Engineer shall not be deemed to have approved any document unless such document bears the Engineer's certificate or seal. GC-32 7.16 LANDS BY OWNER Where the work passes over or through private property, the Owner will secure right of way or easement. The Contractor shall not receive any extra compensation or be entitled to any extra payment because of delay on the part of the Owner in obtaining right of way or easement. 7.17 LANDS BY CONTRACTOR Any additional land and access thereto that may be required for temporary construction facilities or for storage of materials shall be provided by the Contractor with no liability to the Owner. The Contractor shall confine equipment and storage of materials and activities of workers to those areas described in the plans and specifications and such additional areas which may be provided as approved by the Engineer. GC-33 SECTION 8.00 - PROSECUTION AND PROGRESS 8.01 SUBCONTRACTS At the time specified by the Contract Documents or when requested by the Engineer, the Contractor shall submit-in writing to the Owner for approval the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request of and with the approval of the Owner. The Contractor is responsible to the Owner for the acts and omissions of all employees and subcontractors hired by the Contractor. The Contract documents shall not be construed as creating any contractual relation between any subcontractor and the Owner. The Contractor agrees to bind every subcontractor and every subcontractor agrees to be bound by the terms of the Contract Documents as far as applicable to the subcontractor’s portion of the work; including the following provisions of this section. The Contractor agrees to be bound to the subcontractor by all the obligations that the Owner assumes to the Contractor under the terms of said documents, and by all the provisions thereof affording remedies and redress to the Contractor from the Owner. The Contractor shall not assign, sublet, subcontract or transfer more than 50% of the total contract cost excluding "specialty items" without the written consent of the Owner. Any such assignment, subletting, or transfer shall not in any way relieve the Contractor of the responsibilities assumed under the contract, bonds, and guaranty. For convenience of reference and to facilitate the letting of contracts and subcontracts, the specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer an arbiter to establish limits to the contracts between Contractor and subcontractor. 8.02 CONTRACTOR'S SUPERINTENDENT A qualified superintendent shall be in control of the work at all times and give efficient supervision to the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all directions given to the superintendent shall be considered given to the Contractor. The Engineer's instructions may be confirmed in writing and shall be so confirmed upon written request of the Contractor. 8.03 CONTRACTOR'S EMPLOYEES Incompetent or incorrigible employees shall be dismissed from the project by the Contractor or his/her representative when requested by the Engineer, and such persons shall not again be permitted to return to the project without the written consent of the Engineer. The foreman or other persons directing the work shall be competent, sober, and reliable, and shall extend every facility to the Engineer to enable to proper execution of the Engineer’s duties, and shall furnish such help as may be necessary to facilitate the inspection of materials. GC-34 8.04 INJUNCTIONS If by reason of any court proceedings, instituted by any third party or by the Owner affecting, directly or indirectly, the construction or completion of any portion or portions of this improvement, the Contractor or the Owner shall be unable to construct or complete any other portion or portions thereof, the Contractor shall, and does hereby waive any and all claims for damages because of such inability to complete the improvement as completed and file the final estimate thereon as provided for in the full completion of other improvements in the Owner, and the Contractor shall accept in full payment of the work upon said improvement, and as a cancellation of the contract thereof, a sum of money determined in strict accordance with the Contractor’s proposal for the contract, on the basis of the work actually completed up to the time of stopping thereof. 8.05 RIGHTS OF VARIOUS INTEREST Wherever work being done by the Owner's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer, to secure the completion of the various portions of the work in general harmony. 8.06 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases, the Contractor shall notify the Engineer of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. In cases where the Contractor cannot or does not meet the emergency, the Owner may take appropriate action to protect life and safety. 8.07 DELAYS AND EXTENSION OF CONTRACT TIME The Contractor herewith specifically waives claims for damages for any hindrance, delay, or change of sequencing. The Contractor will, in lieu thereof, be granted extensions of time for which liquidated damages will not be claimed by the Owner for the following causes: A delay caused the Contractor by any suit or other legal action against the Owner will entitle the Contractor to an equivalent extension of time unless the period of such delay exceeds 90 days. When such period is exceeded, the Owner will, upon request by the Contractor in writing, either terminate the contract, or grant a further extension of time, whichever as may at that time appear most desirable to both parties. If the Contractor is delayed at any time in the progress of the work by any act of neglect of the Owner or the Engineer or any employees of either, or by any other Contractor employed by the Owner, or by strike, fire, unusual delay in transportation, unavoidable casualties, or other causes beyond the Contractor's control, or by any cause which, in the opinion of the Engineer, shall justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the Engineer. Shutdowns due to improper work, or otherwise due the Contractor's operation, are not cause for extension of time. GC-35 If during the term of this contract, the volume of the specified work, measured in dollars, is increased over the total value shown in the Contractor's proposal at the time the award of contract is made, the Contractor will be granted an extension proportionately equal to the increase in the total value. Should unforeseen conditions require the performance under an extra work order, the work more complex or difficult than that originally specified and shown on the plans, and such work, in the Contractor's opinion, requires more time to execute than the proportional increase in dollar value, the Contractor shall state to the Engineer, in writing, prior to the performance of such work, his/her estimate of the added time required for such work. The Owner will, if such estimate be reasonable, allow an added extension of time equal to the difference between the total time required and the proportional increase in the dollar value of the work. 8.08 CONSTRUCTION SCHEDULE & LIQUIDATED DAMAGES Contract and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in the Contract, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner a set charge based off the table below for each calendar day that expires after the time specified in the Contract for Completion until the Work is complete. Daily costs are based on MnDOT Table 1807-1, "Schedule of Liquidated Damages as follows: TABLE 1807-1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Cal. Day ($) From More Than ($) To and Including ($) 0 25,000 300 25,000 100,000 400 100,000 500,000 900 500,000 1,000,000 1,200 1,000,000 2,000,000 1,500 2,000,000 5,000,000 2,500 5,000,000 10,000,000 3,000 10,000,000 ---- 3,500 GC-36 8.09 OWNER'S RIGHT TO TERMINATE CONTRACT & COMPLETE THE WORK The Owner has the right to terminate the employment of the Contractor for any of the following reasons: A. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; B. Failure of Contractor to supply adequate properly skilled workers or proper materials; C. Failure of Contractor to make prompt payment to subcontractor for material or labor; D. Persistent and continuing disregard of laws, ordinances, or proper instructions of the Engineer; E. Assignment of work without permission of the Owner; F. Abandonment of the work by Contractor; G. Failure to meet the work progress schedule set forth in the contract; Termination of the contract shall be preceded by seven days written notice by the Owner to the Contractor and the surety stating the ground for termination and the measures if any which must be taken to assure compliance with the contract. The contract shall be terminated at the expiration of such seven day period unless the Owner shall withdraw its notice of termination. Upon termination of the contract by the Owner, the Owner may complete the work required by the contract by whatever means deemed expedient, including requiring the Contractor's surety to complete the work. The taking over of the work by the Owner upon contract termination shall not affect the right of the Owner to recover liquidated damages from the Contractor or the surety for failure to complete contract. In the event that the Contractor involuntarily abandons the work, fails or refuses to complete the work embodied in the contract or fails to pay just claims for labor or material, the Owner reserves the right to charge against the Contractor all extra legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the Owner's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and nonpayment of claims wherein the Owner is made codefendant, and the Contractor agrees to pay all such costs, including reasonable attorney's fees. When the Owner assumes control of the work under the contract pursuant to termination, the Owner may take possession of the work and all material, tools, and equipment therein belonging to the Contractor and may use the same to complete the work at Contractor's expense. GC-37 Upon contract termination, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the Owner. The expenses incurred by the Owner as herein provided and the damages incurred through the Contractor's default shall be certified by the Engineer and Owner. 8.10 CONTRACTOR'S RIGHT TO TERMINATE CONTRACT The Contractor may terminate contract upon ten days' written notice to the Owner and the Engineer for any of the following reasons: A. If an order of any court or other public authority caused the work to be stopped or suspended for a period of 90 days through no act of fault of the Contractor or his/her employees; B. If the Owner should fail to act upon any request for payment, in the manner set forth in the General Conditions, within 45 days after its approval by the Engineer; C. If the Owner should fail to pay the Contractor any sum within 45 days after its award by arbitrators. GC-38 SECTION 9.00 - MEASUREMENT AND PAYMENT 9.01 MEASUREMENT The determination of pay quantities or work performed under this contract will be made by the Engineer based upon the lines, grades, and cross sections given, or measurements made by designated Inspectors. All items will be computed based upon the units in the bid forms. 9.02 SCOPE OF PAYMENT The Contractor shall accept the compensation, as provided in the contract, in full payment for furnishing all materials, labor, tools and equipment necessary to the completed work and for performing all work contemplated and embraced under the contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the Owner, and for all risks of every description connected with the prosecution of the work; also for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to the plans and specifications. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. The unit contract prices for the various bid items of the contract shall be full compensation for all labor, materials, supplies, equipment, tools and all things of whatsoever nature required for the complete incorporation of the item into the work the same as though the item were to read "In Place", unless the plans and Special Provisions shall provide otherwise. 9.03 PAYMENT FOR EXTRA WORK Adjustments, if any, in the amounts to be paid the Contractor by reason of any change, addition, or deduction, shall be determined by one or more of the following methods: (A) FOR ITEMS COVERED BY THE PLANS AND SPECIFICATIONS: The Owner reserves the right to increase or decrease any of the quantities shown. In the event the actual quantities differ more than 25% of the original contract amount, an equitable revision of the unit price shall be made when requested by either the Owner or the Contractor. This 25 percent (25%) limit does not apply to items specifically excluded or listed as optional by the Owner, or to minor contract items, (items amounting to ten percent or less of the total contract). (B) FOR ITEMS NOT COVERED BY THE PLANS AND SPECIFICATIONS: If the Engineer orders, in writing, the performance of any work not covered by the plans or included in the specifications, and for which no item in the contract is provided, and for which no unit price or lump sum basis can be agreed upon, then such extra work shall be done on a cost-plus-percentage basis of payment as follows: GC-39 1. The Contractor shall be reimbursed for all costs incurred in doing the work and shall receive an additional payment of 5% of all such cost to cover his indirect overhead costs, plus 10% of all cost, including indirect overhead as his/her fee. 2. The term "Cost" shall mean the total sum of the labor, materials and equipment costs as defined in the following. a. LABOR – The Contractor shall be compensated for the actual rate of wages paid and health and welfare benefits documented on the payroll for the actual time spent by the laborers and the foreman in performing the Force Account work. Unless already included in the wage rates paid, the Contractor shall also receive the actual labor-related costs incurred by reason of subsistence and travel allowance, pension funds, or other fringe benefits provided those payments are required through an employment contract or collective bargaining agreement applicable to the classes of labor employed in the work. b. MATERIALS – For all materials accepted by the Engineer and permanently installed in the work, the actual cost of the material (including transportation charges paid by the Contractor) will be paid. c. EQUIPMENT – Rental rates for equipment to be used in the force account work shall be established prior to use of the equipment in the work. The rental rates will be paid for the actual time the machinery and equipment are in operation on the Force Account work. 3. Each day the Contractor’s representative and the Engineer shall compare and reconcile the records of labor, materials and equipment used in the Force Account Work. 4. The Contractor shall furnish the Engineer with duplicate itemized statements of the cost for Force Account work, consisting of the following. a. Payroll for laborers and foreman. b. Quantities of materials, prices, extensions and transportation costs paid by the Contractor. Statements shall be accompanied by paid receipted invoices for materials used, including transportation charges paid by the contractor. If materials used in the Force Account work are not GC-40 specifically purchased but are taken from the Contractor’s stock, and affidavit shall be furnished certifying that the materials were taken from stock, that the quantity claimed was actually used, and that the price and transportation costs claimed are the Contractor’s actual costs. After receipt of statements and invoices, the Engineer will prepare a change order which will be submitted to the Contractor for verification and signature. 5. Monthly payments for force account work will be issued once each month for all work completed to the end of the preceding month. Claims for extra work not ordered in writing by the Engineer will not be allowed. 9.04 PROGRESS PAYMENTS, RETAINED PERCENTAGE Monthly payment will be issued once each month for all work completed to the end of the preceding month. Progress estimates shall be prepared by the Engineer as accurately as the available information will permit but the only estimate that is binding will be the final estimate. Before the final estimate is prepared, all quantities will be reviewed and rechecked. Progress payments will be made in cash or equivalent. The Owner will retain 5% of the total amount owing the Contractor until 90% or more of the contract has been completed. At that time such portions of the retained percentage will be released in an amount which the Engineer determines is not required to protect the Owner's interest in completion of the contract. Monthly estimates may include 95% of the value of acceptable materials required in the construction, which have been delivered to the site or for which acceptable provisions have been made for preservation and storage. Such materials when so paid for by the Owner shall become the property of the Owner, and in the event of the default on the part of the Contractor, the Owner may use or cause to be used such materials in construction of the work provided for in the contract. The amount paid by the Owner for materials shall reduce estimates due the Contractor as the material is used in the work. The Owner may withhold, in addition to retained percentages, from payment to the Contractor such an amount or amounts as may be necessary to cover: A. Defective work not remedied; B. Claims for labor or materials furnished the Contractor or subcontractor, or reasonable evidence indicating probable filing of such claims; C. Failure of the Contractor to make payments properly to subcontractors or for material or labor; D. Amounts necessary to insure that an overpayment on the total contract amount will not occur; E. Evidence of damage to another contractor or private property. GC-41 The Owner may disburse and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment therefrom but the Owner assumes no obligation to make such disbursement. The Owner will render to the Contractor a proper accounting of all such funds disbursed. 9.05 ENGINEER'S ACTION ON REQUEST FOR PAYMENT Within ten days of sub- mission of any request for payment by the Contractor, the Engineer shall: A. Approve the request for payment as submitted; or B. Approve such other amount as the Engineer shall decide is due the Contractor, informing the Contractor in writing of the reasons for approving the amended amount; or C. Withhold the request for payment, informing the Contractor in writing of the reasons for withholding it. 9.06 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT Within 30 days from the date of approval of a request for payment by the Engineer, the Owner shall: A. Pay the request for payment as approved; or B. Pay such other amount as the Owner shall decide is due the Contractor, informing the Contractor and the Engineer in writing of the reasons for paying the amended amount; or C. Withhold payment informing the Contractor and the Engineer of the reasons for withholding payment. 9.07 PAYMENT FOR WORK BY THE OWNER The cost of the work performed by the Owner in removing construction equipment, tools and supplies and correcting deficiencies in accordance with the General Conditions shall be paid by the Contractor. 9.08 PAYMENT FOR UNCORRECTED WORK Should the Engineer direct the Contractor not to correct work that has been damaged or that was not performed in accordance with the contract documents, an equitable deduction from the contract amount shall be made to compensate the Owner for the uncorrected work. 9.09 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected and the re-execution of acceptable work by the Contractor shall be at the expense of the Contractor. The Contractor shall pay the cost of replacing the work of other contractors destroyed or damaged by the removal of the rejected work or materials and the subsequent replacement of acceptable work. GC-42 Removal of the rejected work or materials and storage of materials by the Owner in accordance with the General Conditions shall be paid by the Contractor within 30 days after written notice to pay is given by the Owner. If the Contractor does not pay the expenses of such removal and after ten day's written notice being given of the Owner’s intent to sell the materials, the Owner may sell the materials at auction or at private sale and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that should have been borne by the Contractor. 9.10 PAYMENT FOR WORK SUSPENDED BY THE OWNER If the work or any part thereof shall be suspended by the Owner and abandoned by the Contractor as provided in the General Conditions, the Contractor will then be entitled to payment for all work performed on the portions so abandoned and nothing additional for the uncompleted portion of the work such as overhead, expenses, and anticipated profit. 9.11 PAYMENT FOR WORK FOLLOWING OWNER'S TERMINATION OF THE CONTRACT Upon termination of the contract by the Owner no further payments shall be due the Contractor until the work is completed. If the unpaid balance of the contract amount shall exceed the cost of completing the work including all overhead costs, the excess shall exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The cost incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Owner and approved by the Engineer. 9.12 PAYMENT FOR WORK TERMINATED BY THE CONTRACTOR Upon termination of the contract by the Contractor, the Contractor shall recover payment from the Owner for work performed. 9.13 RELEASE OF LIENS Before final payment is made to the Contractor for the work, the Contractor shall deliver to the Owner a complete release of all liens arising out of this contract or in receipt in full in lieu thereof and in either case, an affidavit that the releases and receipt include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release, a lien or receipt in full, furnish a bond satisfactory to the Owner which will indemnify the Owner against any lien. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall refund to the Owner all money that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 9.14 ACCEPTANCE AND FINAL PAYMENT When the Contractor shall have completed the work in accordance with the terms of the contract documents, the Engineer shall certify acceptance to the Owner and approval of the Contractor’s final request for payment, which shall be the contract amount plus previous payments made. The Contractor shall furnish a two-year maintenance bond and a notarized certificate that all debts for GC-43 labor, materials, and equipment incurred in connection with the work, have been fully paid, following which the Owner shall accept the work and release the Contractor except as to the conditions of the Maintenance Bond and legal rights of the Owner, requiring guaranties, and correction of faulty work after final payment, and shall authorize payment of the Contractor's final request for payment. The Contractor must allow sufficient time between time of completion of the work and approval of the final request for payment for the Engineer to assemble and check the necessary data. The approval of a request for a final progress payment by the Engineer and the making of a final or progress payment to the Contractor does not relieve the Contractor of responsibility for faulty material or workmanship and the Owner by such payment does not waive any claims of overpayment resulting from mathematical error, unauthorized work, or from any other cause. Final payment will not be made until the Contractor furnishes a certificate showing compliance with State Statutes requiring withholding of State Income Taxes. 9.15 TERMINATION OF CONTRACTOR'S RESPONSIBILITY The contract will be considered complete when all work has been finished, the final inspection made by the Engineer, and the project accepted in writing by the Owner. The Contractor's responsibility shall then cease, except as set forth in the maintenance bond, as required by the guaranty period. 9.16 CORRECTION OF FAULTY WORK AFTER FINAL PAYMENT The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the entire installation furnished by the Contractor. Upon written notice by the Engineer the Contractor shall immediately replace and make good without expense to the Owner any such faulty part of the parts and damage done by reason of same, during the guarantee period of two years, or as specified, from the date of final payment approval or the installation of all work. Should the Contractor fail to make good the defective parts within a period of 30 days of such notification, after written notice has been given, the Owner may replace these parts, charging the expense of same to the Contractor. 9.17 FAILURE TO PAY FOR LABOR AND MATERIALS Pursuant to Minn. Stat. § 471.25, Subd. 4a, the contractor must pay any subcontractor within ten (10) days of the contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The contractor must pay interest of 1½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. If, at any time, the Contractor fails to pay the subcontractor or the laborers employed upon the work, or fails to pay for the material used herein, the Owner may withhold from the money which may be due the Contractor under this agreement such amount or amounts as may be necessary for the GC-44 payment of the subcontractors, laborers, or materials, and may, acting as agent for the Contractor, apply the same to such payments and deduct the same from the final estimate of the Contractor. GC-45 9.18 CONTRACT DOCUMENTS: GC-46 INFORMATION FOR BIDDERS 1. COPIES OF BIDDING DOCUMENTS. 1.1 Complete sets of the Bidding Documents in the number and for the deposit sum stated in the Advertisement for Bids may be obtained from . 1.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 1.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use. 2. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five days of Owner’s request written evidence of financial data, and previous experience. Each Bid must contain evidence of Bidder’s qualification to do business in the State where the Project is located, or covenant to obtain such qualification prior to award of the Contract. 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE. 3.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself/herself with local conditions that may in any manner affect cost, progress or performance of the work, (c) familiarize himself/herself with Federal, State, and Local laws, ordinances, rules, and regulations that may in any manner affect cost, progress or performance of the work, and (d) study and carefully correlate Bidder’s observations with the Contract Documents. 3.2 Reference is made to the Special Provisions for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the work which have been relied upon by Engineer in preparing the Drawings and Specifications. Copies of such reports are bound with the Specifications. These reports are not guaranteed as to accuracy or completeness, nor are they a part of the Contract Documents. Before submitting his/her Bid, each Bidder will, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his/her Bid for performance of the work in accordance with the time, price, and other terms and conditions of the Contract Documents. 3.3 On request, Owner will provide each Bidder access to the site to conduct such in vestigations and tests as each Bidder deems necessary for submission of his/her Bid. 3.4 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of this Article 3 and that the Co ntract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 4. INTERPRETATIONS. All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than four days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. GC-47 5. BID SECURITY. 5.1 Bid security shall be made payable to the Owner, in an amount as stated in the Advertisement for Bids of the Bidder’s maximum Bid price, and in the form of a certified or bank check or a Bid Bond, issued by a Surety, meeting the requirements of paragraph 2.06 of the General Conditions. 5.2 The Bid Security of the three lowest Bidders will be retained until the successful Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award. Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award (generally the second and third low Bidder) may be retained by the Owner until the earlier of the seventh day after the “effective date of the Agreement” (which term is defined in the General Conditions) by Owner to Contractor and the required Contract Security is furnished or the sixty-first day after the Bid opening. Bid security of other Bidders will be returned within seven days of the Bid opening. 6. CONTRACT TIME. The number of days within which, or the date by which, the work is to be completed (the Contract time) is set forth in the Bid Form and will be included in the Special Provisions. 7. LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the General Conditions, Paragraph 8.08. 8. SUBCONTRACTORS, ETC. 8.1 If the Bid Proposal or Supplementary Conditions require the identity of certain subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requests, will within seven days after the day of the Bid Opening submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification of each such subcontractor, person and organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any such substitution, the Contract shall not be awarded to such Bidder, but his/her declining to make any such substitution will not constitute grounds for sacrificing his/her Bid Security. Any subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer. 8.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award shall identify in writing to Owner those portions of the work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the work wit h Owner’s written consent. 8.3 No Contractor shall be required to employ any subcontractor, other person or organization against whom he/she has reasonable objection. 9. BID FORM. 9.1 One Bid Form is attached hereto and is provided to each Bidder requesting Bid Do cuments. Additional copies may be obtained from the Engineer. GC-48 9.2 Bid Forms must be completed in ink or by typewriter. The Bid Price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence. 9.3 Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 9.4 Bids by partnerships must be executed in the partnership name and be signed by a partner, whose title must appear under the signature and the official address of the p artnership must be shown below the signature. 9.5 All names must be typed or printed below the signature. 9.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the number of which shall be filled in on the Bid Form). 9.7 The address to which communications regarding the Bid are to be directed must be shown. 10. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Invitation to Bid or Advertisement for Bids and shall be included in an opaque sealed envelope, marked with t he Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face thereof. Bids arriving at the designated place after the designated time will be returned to the Bidder unopened. 11. MODIFICATION AND WITHDRAWAL OF BIDS. 11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 11.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his/her Bid, that Bidder may withdraw his/her Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work. 12. OPENING OF BIDS. When Bids are opened publicly, they will be read aloud and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the op ening of Bids 13. BIDS TO REMAIN OPEN. All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in his/her sole discretion, release any Bid and return the Bid Security prior to that date. 14. AWARD OF CONTRACT. 14.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate Contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive or conditional Bids. The quantities shown on the Bid Form are estimated and are furnished only as a basis to prepare a Bid and to determine the lowest Bidder. The Bid Price shall be determined by multiplying the unit price bid per item times the estimated quantity per item. The sum total of all Bid Prices shall be the Contract Price and the basis for determining the lowest Bid. Discrepancies between words and figures in a unit price bid will be resolved to harmonize with the Bid Price. If neither the words nor figures in the unit price harmonize with the Bid Price, the words will be used as the unit price bid. 14.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in GC-49 the Bid Forms. It is Owner’s intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination. 14.3 Owner may consider the qualifications and experience of subcontractors and other per sons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions. Operating costs, maintenance considerations, performance data and guarantee of materials and equipment may also be considered by Owner. 14.4 Owner may conduct such investigations as he/she deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner’s satisfaction within the prescribed time. 14.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner’s satisfaction. 14.6 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 14.7 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the date of the Bid opening or other specified date. 15. PERFORMANCE AND OTHER BONDS. Paragraph 3.04 of the General Conditions set forth Owner’s requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by the required Contract Security. 16. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen days thereafter, Contractor shall sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter, Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. 17. SPECIAL LEGAL REQUIREMENTS. Special Legal Requirements, if any, will be included in the Special Provisions. END OF DOCUMENT GC-50 FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR THIS AGREEMENT, mad e this day of , 20 , by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (“Owner”) and (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement; B. Specifications dated ; C. City of Chanhassen General Conditions of the Construction Contract; D. Quote/Bid dated . In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents . 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by Engineer as provided in the General Conditions. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1½ percent per month or any GC-52 part of a month to the Subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Chanhassen obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer. 5. COMPLETION DATE/LIQUIDATED DAMAGES. A. The Work must be completed within ( ) days after the date the Contract Times commence to run, and completed and ready for final payment in accordance with the General Conditions within ( ) days after the date when the Contract Times commence to run. B. Contract and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 5.A. above, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $ for each calendar day that expires after the time specified in Paragraph 5.A. for Completion until the Work is complete. Daily costs are based on MnDOT Table 1807-1, "Schedule of Liquidated Damages as follows: GC-53 TABLE 1807-1 SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per Cal. Day ($) From More Than ($) To and Including ($) 0 25,000 300 25,000 100,000 400 100,000 500,000 900 500,000 1,000,000 1,200 1,000,000 2,000,000 1,500 2,000,000 5,000,000 2,500 5,000,000 10,000,000 3,000 10,000,000 ---- 3,500 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in GC-54 accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner, the Engineer, and any Subcontractor. (4) The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the GC-55 Contract, with the City included as an additional name insured on a primary and non- contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 11. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, GC-56 assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement G. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other GC-57 party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County. J. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. K. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of- way or easements. M. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. GC-58 CITY OF CHANHASSEN CONTRACTOR: BY: Elise Ryan, Mayor BY: BY: Todd Gerhardt, City Manager Its END OF DOCUMENT GC-59 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address) CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: Modification to this Bond Form: None. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: Signature and Title By: Signature and Title CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: Signature and Title By: Signature and Title CONTRACTOR (Name and Address): GC-60 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipts of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take on e of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itself; through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the resulting from the Contractor's default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elected to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: 6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provision s of GC-61 this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be constru ed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construc tion Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. GC-62 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place Of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subj ect to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDE No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Commit tee, the Associated General Contractors of America, and the American Institute of Architects. GC-63 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrator, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default. 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this bond until: 4.1 Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, of notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the CONTRACTOR: 1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to who the materials are furnished or supplied or for whom the labor was done or formed; and 2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. (FOR INFORMATION ONLY—Name, Address, and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (ENGINEER or other party) 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by the Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions confirming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include within limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 15.3 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contractor or to perform and complete or comply with the other terms thereof. GC-64 FORM OF NON-COLLUSION AFFIDAVIT (MUST BE SUBMITTED WITH BID PROPOSAL) Affidavit of Non-Collusion: I hereby swear (or affirm) under the penalty for perjury: 1. That I am the bidder (if the bidder is an individual), a partner in the bidder partnership (if the bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation). 2. That the attached bid or bids have been arrived at by the bidder independently, and have been submitted without collusion with, and without, any other vendor of materials, supplies, equipment, or other services described in the invitation to bid, designed to limit independent bidding or competition. 3. That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bids or bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed Firm Name Address GC-65 CAMPBELL KNUTSON New Law Regarding Contractor Requirements Effective January 1, 2015 The Minnesota Legislature recently enacted a new law related to accountability and transparency in public construction contracts. These "responsible contractor" requirements, which take effect January 1, 2015, apply to publicly owned or financed projects estimated to exceed $50,000 that are awarded pursuant to a lowest responsible bidder or best value selection method. Under the statute, a project means "building, erection, construction, alteration, remodeling, demolition, or repair of buildings, real property, highways, roads, bridges, or other construction work performed pursuant to a construction contract." The law applies to construction managers as well as contractors, and requires both that the contractor meet the minimum criteria specified in the new law and verifies its compliance as part of its response to the contracting government entity . In its response to the contract solicitation, the contractor has to verify that it: 1) is in compliance with workers' compensation and unemployment insurance requirements; 2) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; 3) has a valid federal tax identification number or a valid Social Security number if an individual; and 4) has filed a ce1iificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative. Further, the contractor must verify that: 1) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated certain specified state and federal labor laws; 2) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section state independent contractor laws (§181.723) or state construction codes (Chapter 326B); GC-66 Page 2 3) the contractor or related entity has not, more than twice during the three- year period before submitting the verification, had a certificate of compliance under state affirmative action/MEE provisions (§ 363A.36) revoked or suspended; 4) the contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification; 5) the contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and 6) all subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). See: https://www.revisor.mn.gov/laws/?year=20l4&type=O&doctype=Chapter&id=253 In order to comply with the new statutory requirements, all city-issued solicitation documents on qualifying projects should include the following language: 1) Any prime contractor or subcontractor that does not meet the minimum criteria established for a "responsible contractor" as defined in Minn. Stat. § 16C.285, subd. 3, or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the Project or to perfom1work on the Project. 2) Responding contractors shall submit to the City a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in Minn. Stat. § 16C.285, subd. 3, at the time that it responds to this solicitation document. 3) A prime contractor shall submit to the City, upon request, copies of the signed verifications of compliance from all subcontractors. 4) A false statement under oath verifying compliance with any of the minimum criteria shall make the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction project and may result in termination of a contract awarded to a prime contractor or subcontractor that submits a false statement. 179556 GC-67 Page 3 In addition, the Contract between the City and the Contractor should contain the following language: 1) This contract may be terminated by the City at any time upon discovery by the City that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn. Stat. § 16C.285, subd. 3. Finally, a sample verification form follows: GC-68 CONTRACTOR VERIFICATION OF COMPLIANCE The undersigned, being first duly sworn, as a responding contractor on the Project, represents and swears as follows: Now, and at all times during the duration of the Project, the undersigned complies with each of the minimum criteria in Minn. Stat. § 16C.285, subd. 3, the Responsible Contractor statute. The undersigned understands that a failure to meet or verify compliance with the minimum criteria established for a "responsible contractor" as defined in Minn. Stat. § 16C.285, subd. 3, renders a bidder ineligible to be awarded a construction contract for the Project or to perform work on the Project. Upon request, the undersigned will submit copies of the signed verifications of compliance from all subcontractors. The undersigned understands that a false statement under oath verifying compliance with any of the minimum criteria shall make the undersigned, or its subcontractor that makes the false statement, ineligible to be awarded a construction project and may result in termination of a contract awarded to the undersigned or its subcontractor that submits a false statement . CONTRACTOR: g:\eng\forms\contractor verification of compliance.doc GC-69 NOTICE OF AWARD Dated , 20 TO: (BIDDER) ADDRESS: PROJECT OWNER’S CONTRACT NO. CONTRACT FOR You are notified that your Bid dated , 20 or the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for The Contract Price of your contract is and xx/100......................................................................................... Dollars ($ ). copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by , 20 . 1. You must deliver to the OWNER fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature. 2. You must deliver with the executed Agreement the Performance Bond and Payment Bond as specified in the General Conditions. 3. You must deliver with the executed Agreement a Certificate of Insurance as specified in the General Conditions. GC-70 NOTICE TO PROCEED Dated , 20 TO: (CONTRACTOR) ADDRESS: PROJECT OWNER’S CONTRACT NO. CONTRACT FOR You are notified that the Contract Times under the above contract will commence to run on , 20 . By that date, you are to start performing your obligations under Contract Documents. In accordance with Article 3 of the Agreement, the dates of Sub stantial Completion and completion and readiness for final payment are , 20 , and , 20 . Before you may start any Work at the site, you must CITY OF CHANHASSEN (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) ACCEPTANCE OF AWARD (CONTRACTOR) By: (AUTHORIZED SIGNATURE) (TITLE) (DATE) GC-71 9.19 AS-BUILT REQUIREMENTS Upon completion of construction, all elements of the project shall be remeasured with an as- built field survey. The plans shall be corrected and modified to show correct distances, elevations, dimensions, and any other change in the specific detail of the plans. All changes shall be drawn to scale to accurately represent the work constructed. All elevation/length changes shall be crossed out and correct information added. Upon completion of all public utility and street improvement projects, the project engineer shall supply a set of paper record drawings to the City for review. If changes or corrections are required, the plans will be returned to the project engineer showing any corrections to be made as marked in red. Once all changes to the plans have been made, the project engineer shall supply the City with two full sets of paper drawings, one full set of mylars, and two sets of tie cards. All as-built plans will require the following information: A. A benchmark system. The top nut on each fire hydrant shall be noted and used as a benchmark. B. All curb boxes and gate valves shall be located by swing ties shown on the plans. Curb box swing ties are to be supplied on the City of Chanhassen's standard tie card (Detail Plate No. 5221). Swing ties to permanent structures such as manholes, house corners, fire hydrants, etc. shall be no longer than 100 feet in length. Utility boxes, trees, property corners are not acceptable swing tie points. If a permanent structure is not available within the 100-foot length, a third tie point of not more than 150 feet is to be supplied or tied between curb boxes. C. The water main profile shall be shown with the appropriate information as to size, type of pipe, depth of cover, and any insulation. D. All sanitary and storm sewer lines shall be shown in plan and profile with the appropriate information as to size, type of material, length, class of pipe, grade and elevations. E. All manholes shall be numbered in both plan and profile view. All inverts, top of casting or rim elevations, depth of manhole and stationing shall be provided. Stationing of sanitary sewer wyes shall be provided from the downstream manhole. F. If water and sewer services are not located in the same trench, it shall be noted on the plans. G. If sanitary sewer service risers are constructed, the elevation and (x, y) coordinates of the riser shall be provided and shown on the profile view to scale. H. The storm sewer plans shall provide the limits of all ponding (normal and high water elevations) acres, feet of storage, and outlet control structure for each pond. GC-73 I. Upon completion, all ponds shall be cross-sectioned and spot elevations shown to confirm they have been constructed to proper volume and shape. J. The grading plan must have spot elevations on all lot corners, building pads, swales/berms, emergency overflows and all other critical drainage areas. K. The storm sewer plans shall include all drainage culverts, original and final grade of cover over pipe on the profile view if not indicated on street grade profile. L. The street plans shall indicate the original and final grades as constructed, type of curb/gutter, sidewalk, draintile, manhole castings, hydrants, street width (back to back), right-of-way width, and curve data. Any sub-base excavation performed in efforts to correct unstable soil conditions shall be shown on the plans indicating depth of sub-cut, sub-cut from station to station, type of backfill (select granular, size of rock, etc.), and location by center line station of any fabric that may have been used. M. All draintile used on the project shall be shown on the street and storm drainage plans. The plans shall also provide the size of pipe, depth installed, type of fabric, if any, and type of backfill (sand, pea rock, etc.). Swing ties shall be required at ending points of all draintile systems and all cleanouts. N. The lot and block numbers from the approved final plat and any easements which exist shall be shown on the as-built plans. O. Each plan sheet shall indicate the date of as -built completion, labeled as as-built or record plan, and the contractor who performed the work. P. Within sixty (60) days after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible mylar as-built plans, (2) two complete full-size sets of blue line/paper as-built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital files of as-built plans and final plat in both autocad or .dxf and .tif format on Carver County Coordinates, Q. digital file of utility tie sheets in either .doc or .tif format. R. All snake pit or tracer boxes shall be shown on the plan. A note should be added next to each box labeling the stations that it locates. Electronic Format A. All construction plans must be submitted electronically in Autocad .dwg or *.dxf format on a cd or dvd. Use the etransmit function in Autocad to combine the xref’s to the layout drawings. All survey GPS data collected for the as-built plans must be delivered as a text file (.csv) or GIS dataset (shapefile, Esri geodatabse). The data must include corresponding as-built structure reference numbers/ids for each corresponding GPS record. Each GPS record must include X, Y coordinates and Z elevation values. Data delivered must adhere to the horizontal control and vertical control requirements as GC-73 defined in requirements D. and E. B. The electronic plans shall be submitted within five folders. The first three folders should contain .dwg or .dxf drawings. In Autocad, use the etransmit command to connect the drawings to the references. 1. PLAN SET: This folder should contain the entire plan set and any drawings or pictures referenced to the plan set. 2. EXISTING UTILITIES: This folder should ONLY contain drawings related to the existing utilities. The utilities needed in this folder include storm sewer, sanitary sewer, water main, and light poles. 3. PROPOSED UTILITIES: This folder should ONLY contain drawings related to the proposed utilities. The utilities needed in this folder include storm sewer, sanitary sewer, water main, and light poles. 4. ELECTRONIC COPIES: This folder should contain signed, full size copies of the plan set and final plat in .tif or .doc format. 5. TIE CARDS: This folder should contain the tie cards submitted in .tif or .doc format. Refer to City Detail Plate 5221 for tie card requirements. C. All electronic files must be accompanied by a “layer description list” which identifies the elements of each layer or level. D. Horizontal Control of the Construction Record Drawings and Final Plat must be on the Carver County Coordinate System. E. Vertical Control of the Construction Record Drawings must be on the City’s Benchmark System. The vertical control loop tying the project to the City’s benchmark must be Quote Quote Nbr.:Q001668Hydro-Klean, LLC 333 NW 49th Place Des Moines, IA, 50313 Phone: 515-283-0500 Order Date:06/15/2021 Valid Until: Sales Person:Jake Nanti Customer ID:100314 Payment Terms:Net 30 Days Job Site: City of Chanhassen, MN See Maps Chanhassen MN 55317 United States of America Bill to: City of Chanhassen, MN 7700 Market Boulevard Chanhassen MN 55317 United States of America Job Description Projected probable project cost to perform the following tasks on a unit cost basis: Variations in the work scope will require execution of a change order. NO.ITEM QTY.UOM PRICE Amount 1 Mobilization of Televising Crew & Equipment 32.0000 MILE 10.0000 320.00 2 Mobilization of Cleaning Crew & Equipment 32.0000 MILE 10.0000 320.00 3 Televising Sanitary Sewer 20,453.0000 FOOT 0.5400 11,044.62 4 Easement Televising of Sanitary Sewer 666.0000 FOOT 1.6200 1,078.92 5 Cleaning Sanitary Sewer 20,453.0000 FOOT 0.7500 15,339.75 6 Easement Cleaning of Sanitary Sewer 666.0000 FOOT 2.2500 1,498.50 7 Televising Storm Sewer 21,471.0000 FOOT 0.5900 12,667.89 8 Easement Televising of Storm Sewer 326.0000 FOOT 1.7700 577.02 9 Cleaning Storm Sewer 21,471.0000 FOOT 0.7900 16,962.09 10 Easement Cleaning of Storm Sewer 326.0000 FOOT 2.3700 772.62 *NOTE: Quote does not include any applicable taxes *Quote Total:60,581.41Prepared By:Jake Nanti Accepted By:____________________ Approved By:Wade Anderson Date:____________________ PO#:____________________ CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Resolution 2021­XX: Authorize a Contract for Replacement of Public Works Garage Doors Section CONSENT AGENDA Item No: D.10. Prepared By Charlie Howley, Public Works Director/City Engineer File No: CIP MB­037 PROPOSED MOTION “The City Council adopts a Resolution authorizing a contract with Metro Garage Door Company for the replacement of the overhead service doors at the Public Works Building.” Approval requires a Simple Majority Vote of members present. DISCUSSION The Public Works Building was constructed in 2010.  There are four (4) overhead service garage doors for access to the warm storage area of the building.  The doors are currently three inches thick and are primarily glass. Over the last 11 years, the weight of these doors and the frequency of how often they open and close have created maintenance issues on the door hardware, tracks and wheels.  The tracks are at the point where temporary maintenance is no longer prudent to hold them together and failure of the track system is near. These doors are a primary security feature of the building and need to be operational for access of the vehicles and equipment.  The doors will be replaced with two­inch thick doors and only one pane of glass making them much lighter and easier to operate on a long­term basis. The door replacements are planned for in the 5­year CIP for 2021.  We obtained two quotes, with the low quote being Metro Garage Door Company: Contractor Quote Crawford $45,640 Metro $31,912 The CIP budget for this work is $40,000 and the low quote is within budget.  We've elected not to have the contractor replace the openers and therefore the quote is overstated by $9,830.00. We will utilize the City's standard Contract for Goods and Services. RECOMMENDATION Staff recommends that the City Council authorize entering into the Contract. CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectResolution 2021­XX: Authorize a Contract for Replacement of Public Works Garage DoorsSectionCONSENT AGENDA Item No: D.10.Prepared By Charlie Howley, Public WorksDirector/City Engineer File No: CIP MB­037PROPOSED MOTION“The City Council adopts a Resolution authorizing a contract with Metro Garage Door Company for thereplacement of the overhead service doors at the Public Works Building.”Approval requires a Simple Majority Vote of members present.DISCUSSIONThe Public Works Building was constructed in 2010.  There are four (4) overhead service garage doors for access tothe warm storage area of the building.  The doors are currently three inches thick and are primarily glass. Over the last11 years, the weight of these doors and the frequency of how often they open and close have created maintenanceissues on the door hardware, tracks and wheels.  The tracks are at the point where temporary maintenance is nolonger prudent to hold them together and failure of the track system is near.These doors are a primary security feature of the building and need to be operational for access of the vehicles andequipment.  The doors will be replaced with two­inch thick doors and only one pane of glass making them muchlighter and easier to operate on a long­term basis.The door replacements are planned for in the 5­year CIP for 2021.  We obtained two quotes, with the low quotebeing Metro Garage Door Company:Contractor QuoteCrawford$45,640Metro$31,912The CIP budget for this work is $40,000 and the low quote is within budget.  We've elected not to have thecontractor replace the openers and therefore the quote is overstated by $9,830.00.We will utilize the City's standard Contract for Goods and Services.RECOMMENDATION Staff recommends that the City Council authorize entering into the Contract. ATTACHMENTS: CIP Sheet Resolution 21­XX Contract Capital Improvement Program City of Chanhassen, MN Contact Charlie Howley 2021 2025thru Department Municipal Buildings Description Public Works building repair items: 2021 - Replacement of 4 overhead service doors at vehicle storage; Outdoor fuel system piping retrofit 2022 - Adding a canopy at the fuel island 2023 - Fuel tank monitoring system upgrade 2025 - Salt shed canvas cover replacement Project #MB-037 Priority n/a Justification Like any other building asset, the public works building needs repair, maintenance, and updates from time to time. Budget Impact/Other UsefulLifeProjectNamePublicWorksBuildingMaintenanceCategory Public Works Type Maintenance Account #2 700-7025-4706 Account #1 400-4009-4706 Total Project Cost:$142,500 Account #4 Account #3 701-7025-4706 Total20212022202320242025Expenditures 142,50040,000 60,000 17,500 25,000Maintenance 40,000 60,000 17,500 25,000 142,500Total Total20212022202320242025FundingSources 114,00032,000 48,000 14,000 20,000CapitalReplacementEquipment Fund 14,2504,000 6,000 1,750 2,500SewerUtilityFund 14,2504,000 6,000 1,750 2,500WaterUtilityFund 40,000 60,000 17,500 25,000 142,500Total 78 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 12, 2021 RESOLUTION NO: 2021-XX MOTION BY: SECONDED BY: A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH METRO GARAGE DOOR COMPANY FOR THE REPLACEMENT OF OVERHEAD GARAGE DOORS AT THE PUBLIC WORKS BUILDING WHEREAS, there is a need for the replacement of four (4) overhead service doors at the warm storage bay of the Public Works Building; and WHEREAS, the cost of the work was planned and budgeted for via the City’s 5-year Comprehensive Plan, CIP Project No. MB-037; and WHEREAS, multiple quotes for the work were received from Contractors and the low quote is within budget; and WHEREAS, a contract for Goods and Services has been prepared for the work. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota, that: The City Council authorize entering into a contract with Metro Garage Door Company to replace the overhead garage doors at the Public Works building. Passed and adopted by the Chanhassen City Council this 12th day of July, 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES 1 NON-BID CONTRACT FOR PURCHASE OF GOODS AND SERVICES AGREEMENT made this XX day of XXXXXXX, 2021, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and xxxxxxxxxxxxxxx, a Minnesota Corporation ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Proposal, dated __________. C. Contractor’s Quote dated _________. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. CONTRACTOR OBLIGATIONS. The Contractor shall provide the goods, services and perform the work in accordance with the Contract Documents (“Work”). Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the Contract Documents. 3. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 4. COMPENSATION. Contractor shall be paid by the City for the goods and services described in Paragraph 2 in accordance with the Quote, but not to exceed $ xxxxxxxxx which is inclusive of reimbursable expenses. The fee shall not be adjusted even if the estimated number of FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES 2 hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 5. COMPLETION DATE. The Contractor shall complete the Work on or before xxxxxxxxx, 20xx. 6. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Contractor warrants that only new unused materials will be used. The Contractor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty provided by law. 7. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 8. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the Quote provided or negotiated between the parties based on similar work provided in the Proposal. 9. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Compensation or an extension of the Contract. 10. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. 12. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES 3 included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 13. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 14. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES 4 All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 15. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 16. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 17. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES 5 20. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 21. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 22. RECORDS/AUDIT. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of City and Contractor relevant to the Agreement are subject to examination by City and Contactor, and either the Legislative Auditor or the State Auditor as appropriate. City and Contractor agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 23. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 24. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for goods and services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in this Agreement. FORM OF AGREEMENT - NON-BID CONTRACT FOR GOODS AND SERVICES 6 Dated:__________________, 20__ CITY OF CHANHASSEN By: Elise Ryan, Mayor And: Laurie Hokkanen, City Manager Dated:__________________, 20__ ________________________ By: Print Name:_________________________________ Its:________________________________________ CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Consider Approval of Final Plat and Development Contract for Avienda Section OLD BUSINESS Item No: F.1. Prepared By Kate Aanenson, Community Development Director File No: Planning Case No. 2017­10 PROPOSED MOTION “The City Council approves the Final Plat for Avienda creating five outlots and dedication of public right­of­way, as shown in plans prepared by Landform, and approves the Development Contract." Approval requires a Simple Majority Vote of members present. SUMMARY The developer is requesting final plat for the creation of five outlots and dedication of public right­of­way for three streets.The Conditional Use Permit for development in the Bluff Creek Corridor and the Wetland Alteration Permit to fill 4.4659 acres of wetland were approved with the original preliminary plat (June 10, 2019) and their standing remains. On July 13, 2020, the City Council approved a revised preliminary plat which amended the framework for the plat (subdivision lots) and the PUD (uses and development guidelines).  The developer has a number of months of grading and additional time for installation of the sewer, water and streets.  At this time, there are no site plans being approved.  Any proposed developments will have to come back through the City process (Planning Commission and City Council) for approval. Utility plans will be approved by staff and are not included in this approval.  BACKGROUND May 24, 2021: City Council approved the grading plan for Avienda. June 13, 2020: City Council approved the Rezoning of 118 +/­ acres from Agricultural Estate District, A­2, to PUD Regional Commercial including Avienda Design Standards; and approved the Amended Subdivision Preliminary Plat creating 19 lots, three outlots and dedication of public right­of­way, as shown in plans prepared by Landform dated May 1, 2020, subject to conditions in the staff report; and adopted the attached Findings of Fact and Decision. RECOMMENDATION Approve the final plat and development contract. *NOTE: The development contract will be attached to this staff report no later than Friday, July 9 at 4:00 CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectConsider Approval of Final Plat and Development Contract for AviendaSectionOLD BUSINESS Item No: F.1.Prepared By Kate Aanenson, CommunityDevelopment Director File No: Planning Case No. 2017­10PROPOSED MOTION“The City Council approves the Final Plat for Avienda creating five outlots and dedication of public right­of­way, asshown in plans prepared by Landform, and approves the Development Contract."Approval requires a Simple Majority Vote of members present.SUMMARYThe developer is requesting final plat for the creation of five outlots and dedication of public right­of­way for threestreets.The Conditional Use Permit for development in the Bluff Creek Corridor and the Wetland Alteration Permit tofill 4.4659 acres of wetland were approved with the original preliminary plat (June 10, 2019) and their standingremains. On July 13, 2020, the City Council approved a revised preliminary plat which amended the framework forthe plat (subdivision lots) and the PUD (uses and development guidelines). The developer has a number of months of grading and additional time for installation of the sewer, water and streets.  Atthis time, there are no site plans being approved.  Any proposed developments will have to come back through the Cityprocess (Planning Commission and City Council) for approval. Utility plans will be approved by staff and are not includedin this approval. BACKGROUNDMay 24, 2021: City Council approved the grading plan for Avienda.June 13, 2020: City Council approved the Rezoning of 118 +/­ acres from Agricultural Estate District, A­2,to PUD Regional Commercial including Avienda Design Standards; and approved the AmendedSubdivision Preliminary Plat creating 19 lots, three outlots and dedication of public right­of­way, as shownin plans prepared by Landform dated May 1, 2020, subject to conditions in the staff report; and adoptedthe attached Findings of Fact and Decision.RECOMMENDATIONApprove the final plat and development contract. *NOTE: The development contract will be attached to this staff report no later than Friday, July 9 at 4:00 p.m. or the item will be postponed to July 26. ATTACHMENTS: Staff Report Final Plat Narrative Development Contract CITY OF CHANHASSEN PROPOSED MOTION: “The City Council approves the Final Plat creating five outlots and dedication of public right- of-way, as shown in plans prepared by Landform, and approves the Development Contract." CC DATE: July 13, 2020 REVIEW DEADLINE: July 13, 2021 CASE # 2017-10 BY: KA, EH, PROPOSAL: Approve the Final Plat creating five outlots including public right-of-way for three streets, and approve the Development Contract. LOCATION: Southwest corner of Powers Boulevard and Lyman Boulevard APPLICANT: Landform Professional Services, LLC Level 7 Development LLC 105 South Fifth Avenue, Suite 513 4600 Kings Point Road Minneapolis, MN 55330 Minnetrista, MN 55330 PRESENT ZONING: A-2 Agricultural Estate rezoning to PUD Regional Commercial 2030 LAND USE PLAN: Office or Regional Commercial ACREAGE: Approximately 118 +/-acres SUMMARY OF REQUEST The developer is requesting to final plat for the creation of five outlots and dedication of public right-of-way for three streets. The Conditional Use Permit for development in the Bluff Creek Corridor and the Wetland Alteration Permit to fill 4.4659 acres of wetland were approved with the original preliminary plat (June 10, 2019) and their standing remains. On July 13, 2020, the City Council approved a revised preliminary plat, which amended the framework for the plat (subdivision lots), and the PUD (uses and development guidelines). The developer has a number of months of grading and additional time for installation of the sewer, water and streets. At this time, there are no site plans being approved. Any proposed developments will have to come back through the City process (Planning Commission and City Council) for approval. Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 2 of 14 Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 3 of 14 BACKGROUND • May 24, 2021: City Council approved the grading plan for Avienda. • June 13, 2020: City Council approved the Rezoning of 118 +/- acres from Agricultural Estate District, A-2, PUD Regional Commercial including Avienda Design Standards; and approved the Amended Subdivision Preliminary Plat creating 19 lots, three outlots and dedication of public right-of-way, as shown in plans prepared by Landform dated, May 1, 2020, subject to conditions in the staff report; and adopted the Findings of Fact and Decision. • November 1, 2016: Planning Commission recommended conceptual approval of the PUD. • November 28, 2016: City Council gave conceptual approval of the PUD. • February 27, 2017: During its Work Session, the City Council reviewed the significant issues of the Alternative Urban Areawide Review (AUAR). • February 28, 2017: An open house was held. • March 7, 2017: Planning Commission held a public meeting to review the proposed update to the AUAR document. The Planning Commission forwarded their comments to the City Council. • March 13, 2017: City Council authorized publication in the Environmental Quality Board (EQB) Monitor for April 3 and closed the AUAR comment period on April 17. • May 8, 2017: City Council adopted a final resolution for the updated AUAR and Mitigation Plan. • May 6, 2017 and June 6, 2017: Planning Commission held pubic hearings on the plan. • June 20, 2017: Planning Commission recommended preliminary plat approval. • July 10, 2017: City Council approved Preliminary Plat creating 17 lots, three outlots and dedication of public right-of-way for public streets (115.519 acres); and Rezoning of 115.519 acres of property zoned Agricultural Estate District, A-2, to Planned Unit Development- Regional Commercial District (PUD-RC). Design Standards and a Conditional Use Permit to encroach into the primary zone and required buffer for development in the Bluff Creek Corridor; Wetland Alteration Permit to 4.897 acres of permanent wetland impacts as shown in plans dated April 14, 2017 and June 13, 2017, to request to construct into the primary zone and required buffer for development in the Bluff Creek Corridor. • June 25, 2018: City Council approved the final plat and grading permit. • April 8, 2019: City Council approved the extension of the final plat and grading permit to December 31, 2019 and extinguished the final plat for Avienda but allowed for grading. • December 9, 2019: City Council approved the extension of the preliminary plat until June 30, 2020 and permitted grading as stated in the conditions and in accordance with the preliminary plat approvals. Below is the approved Development Plan via the Planned Unit Development-Regional Commercial zoning. Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 4 of 14 STREETS The proposed street plan is consistent with the AUAR Update, although modifications have been made to a public street, Avienda Parkway. Previously, Avienda Parkway looped around the site creating two intersections with Bluff Creek Boulevard. The modification cut the loop in half, where now the western portion of Avienda Parkway is remaining while the eastern portion is removed, which is being replaced with privately-owned and maintained accesses. After review, staff finds that the required connectivity addressed in the AUAR Update is still being met with the proposed street layout, and the modification decreases the amount of right-of-way the City would have to maintain. Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 5 of 14 The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. However, Mills Drive is proposed to be constructed at a future date when Outlot C is re-platted. All other roads and drives constructed with this development will be privately-owned and maintained. All public streets will have a speed limit of 30 mph except for Bluff Creek Boulevard, a minor collector roadway, which will have a speed limit of 35 mph. Bluff Creek Boulevard connects to the intersection with Powers Boulevard and the TH 212 ramp. The connection to Sunset Trail is made to the north, and the connection to The Preserve at Bluff Creek development will be made with the extension of right-of-way from Mills Drive. These connections are tied together by Avienda Parkway. The applicant has provided 60% MSA roadway plans for Bluff Creek Boulevard, along with the associated utility plans, and has also provided preliminary construction plans for the remaining public street and public utility build-out associated with the final plat submittal. The applicant and their engineers are required to submit Final Construction Plans and Specifications for the public improvements prior to installation, and therefore the Final Plat approval is not an approval of public improvements. Mass grading can proceed per the Grading permit previously approved. The applicant and their engineer shall work with staff in amending the construction plans to fully satisfy staff comments prior to issuance of a Notice to Proceed for construction activities associated with public street and utility improvements. The Developer is required to design Bluff Creek Boulevard to Municipal State Aid Standards and obtain approval by the Minnesota Department of Transportation. Due to a potential grant being applied for by the City for partial funding of Bluff Creek Boulevard, the roadway improvements (not including grading to subgrade elevations and utility installations) will not be given a Notice to Proceed until such time a grant decision is determined. If the City is successful in obtaining grant funding, Bluff Creek Boulevard will need to be constructed as a City-led project and a separate bid and contract will be needed. If the grant is not obtained, then Bluff Creek Boulevard will be constructed by the Developer. As large, landscaped boulevards are proposed, the applicant has added a note to the typical sections to identify a corridor for installation of private utilities such as buried power, communication, gas, etc. (i.e. within a 10-foot drainage and utility easement area abutting the right-of-way). Bluff Creek Boulevard The extension of Bluff Creek Boulevard is proposed to have a similar cross section to the existing segment it connects to; one lane each direction with a landscaped median. The thru lane width varies with turn lanes at intersections. Roundabouts will be constructed at the intersection with Avienda Parkway along with a roundabout for the future build-out of private accesses just west of Powers Boulevard and Bluff Creek Boulevard. These roundabouts promote traffic calming while carrying the anticipated volumes of traffic. The extension of Bluff Creek Boulevard will be a minor collector, per the 2040 Comprehensive Plan. Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 6 of 14 Avienda Parkway Avienda Parkway is proposed to be a 36-foot wide roadway with a two-way left-turn lane. A roundabout will be constructed at the intersection with Sunset Trail. During the preliminary plat review, staff recommended the applicant look at adding traffic calming measures to Avienda Parkway at Lots 1 and 2, Block 3 and Lot 9, Block 4. Specifically, staff had concerns regarding pedestrian routes and pedestrian safety near residential areas attempting to access the internal Avienda business areas across Avienda Parkway. As the current final plat submittal does not incorporate the platting and design of residential areas (i.e. design of these areas and their traffic and pedestrian routes are not finalized), it will be required during the re-platting of outlots, most notably Outlot C, that the future applicant assess and evaluate pedestrian improvements along Avienda Parkway and to address staff concerns. Future Extension of Mills Drive When Mills Drive is extended with the re-platting of Outlot C, the applicant at that time shall ensure the width of Mills Drive matches with the existing Mills Drive section in The Preserve at Bluff Creek. The extension of Mills Drive is required to provide a secondary access to The Preserve at Bluff Creek development, which is an approximately 2000-foot long cul-de-sac. Further review of the final design and alignment of Mills Drive and any proposed private drives will be evaluated prior to the re-platting of Outlot C. A traffic study may be required to ensure adequate access management guidelines are adhered to. Sunset Trail Sunset Trail is a 44-foot wide roadway that consists of two, 15-foot thru lanes and a 14-foot turn lane and serves as the northern access to the site off Lyman Boulevard. The east and south leg of the roundabout will be private streets to accommodate access through the center of the development while the west leg is the connection to Avienda Parkway. When future lots are re- platted, these private streets will be constructed and plans will be reviewed at that time. STREET LIGHTING The applicant has not submitted a street lighting plan at this time. The project shall include street lighting per City Code. Decorative street lights are permissible with a maintenance agreement. SIDEWALKS AND TRAILS The applicant proposes a series of public and private trails and sidewalks throughout the development. All proposed trails and sidewalks within the public right-of-way will be owned and maintained by the City and shall adhere to the City’s Standard Specifications and Details. All snow removal/ice control maintenance associated with the proposed sidewalk within the public right-of-way will be the responsibility of the abutting property owner, per City Ordinance. Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 7 of 14 The City will perform winter maintenance on the trails located within public right-of-way. All other pedestrian walks and corridors will be privately owned and maintained. ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per MnDOT standard details. GRADING Preliminary grading plans were approved by City Council on May 24, 2021 and a grading permit approval letter was issued to Level 7 Development, LLC on June 4, 2021 for the purposes of getting a head start on the mass grading for the project. Grading work has yet to begin onsite. Prior to any grading activities commencing, all conditions of approval associated with the grading permit shall be met. RETAINING WALLS No retaining walls are proposed with the final plat submittal, however it is possible that several retaining walls will be required around two perimeter locations to the north in subsequent phases of the development. If retaining walls will be installed in subsequent phases they shall be privately owned and maintained and not located in public right-of-way. As these potential retaining walls would be greater than four feet, they must be constructed in accordance with plans prepared by a registered engineer and be constructed of a durable material (smooth face concrete/poured in place, masonry/mortared, railroad ties and timber, and boulders are prohibited). Also, a fence or other barrier is required at any location where a wall is greater than 6 feet tall and within 10 feet of a public right of way. Staff recommends the applicant work with residents of The Preserve at Bluff Creek to remove the retaining wall along the shared property line and replace it with a graded berm. SANITARY SEWER MAIN The plans show two separate sanitary systems to service this development. One of the sanitary sub-sheds will handle sewerage flows from the northern portion of Outlot D and all of Outlot C. These public mains extend through a portion of Avienda Parkway, Sunset Trail, and through Outlot C. An 8-inch stub shall be constructed along Sunset Trail to Lyman Boulevard for future extension to service the existing parcels on Sunset Trail north of Lyman Boulevard. The second sanitary sub-shed will handle sewerage flows from the remainder of the development, which will eventually tie into the existing sanitary sewer system had from Bluff Creek Boulevard. These public sanitary mains collecting sewerage from this sub-shed will be constructed under Bluff Creek Boulevard and Avienda Parkway and will consist of 8-inch diameter PVC and shall meet City Standard Specifications. Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 8 of 14 The applicant and their engineer have been working with staff to ensure the sanitary sewer alignments and their associated structures are designed and constructed to allow for the proper maintenance and future rehabilitate of the public utility. Ensuring proper location of sanitary lines and manholes is important as the sanitary sewer in portions of this development, such as along areas in Bluff Creek Boulevard, is relatively deep, approximately 30 feet. Generally, the sanitary utility plans are in conformance with City standards. The applicant and their engineers shall continue to work with staff in amending the construction plans to fully satisfy staff concerns. Final construction plans will be subject to review and approval by staff prior to issuance of a Notice to Proceed for construction activities associated with public street and utility improvements. All sanitary sewer main constructed within the right-of-way in this project shall be publically owned and maintained. Private sanitary mains, demarcated by the right-of-way line, property line or public drainage and utility easements, must also be constructed to meet the city’s requirements for public utilities. All construction plans shall use the most recent edition of City Standard Specifications and Detail Plates. The City will provide the applicant’s engineers the appropriate nomenclature for sanitary sewer manholes to be incorporated in the final plan set. WATER MAIN Water main for the development is proposed to connect from a 12” stub under the existing portion of Bluff Creek Boulevard. The developer proposes 12” water main to be extended under Bluff Creek Boulevard and Avienda Parkway, with an 8” main constructed under Sunset Trail for future extension. A 12” connection from the intersection of Bluff Creek Boulevard and Powers Boulevard will loop the internal water system. As an 8” main would have been sufficient to supply water to the development, the City will reimburse the developer for oversizing the water main from an 8” to a 12” trunk water main. The developer will be required to complete the 18” water main loop abutting the north property line along Lyman Boulevard that was previously stubbed pending future development. The City will work to reimburse the developer for oversizing the water main from an 8” to an 18” trunk water main. Additional water main stubs to serve the interior of the development have been proposed and shall be provided by the developer All water main constructed within the right-of-way in this project shall be publically owned and maintained. Private water mains, demarcated by the right-of-way line or property line and a gate valve, must also be constructed to meet the city’s requirements for public utilities. All construction plans shall use the most recent edition of the City’s Standard Specifications and Detail Plates. Generally, the water utility plans are in conformance with City standards. The applicant and their engineers shall continue to work with staff in amending the construction plans to fully satisfy staff concerns. Final construction plans will be subject to review and approval by staff prior to issuance of a Notice to Proceed for construction activities associated with public street and utility improvements. STORMWATER Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 9 of 14 The applicant had submitted a stormwater management report produced by Steven E. Sabraski, P.E. (MN License No. 47165) with Landform, dated May 1, 2020, with the preliminary plat submittal. The applicant proposed treatment of stormwater runoff with the use of pretreatment devices such as hydrodynamic separators, sump manholes with baffles, or water quality settlement basins prior to discharge to open air filtration/infiltration basins. As development continues to build-out and as Outlots are re-platted and parcels are developed, the basins will be converted to underground rock beds with distribution piping to provide the requisite filtration/infiltration capacity. The developer is responsible for long-term ownership and maintenance responsibilities of all stormwater facilities throughout the entire development, expect for infrastructure located in the public right-of-way. The permanent private stormwater management BMP’s are to be utilized for treatment of runoff from the public right-of-way. The report provides analysis and modeling results (HydroCAD, P8, etc.) that illustrates the feasibility of the overall design and meets the most restrictive rules of the underlying jurisdictional bodies (City, Riley Purgatory Bluff Creek Watershed District (RPBCWD), Minnesota Pollution Control Agency, etc.): • Rate Control – proposed discharge rates do not exceed the existing rates for the 2-year, 10-year, 100-year, 24-hour rainfalls and the 10-day, 100-year snowmelt. • Water Quality – design modeled to illustrate the City’s non-degradation rules are met along with MPCA requirements for removing TSS and TP. • Volume Abstraction – the design abstracts 1.1 inches of runoff from the impervious areas (ultimately 60.81 acres) of the site. • Storm Sewer Pipe – sized adequately to convey for a 10-year storm. • Emergency Overflows – sized adequately for extreme events. • Low Floor Elevations – at least 3.0 feet above the 100-year HWL and 1.5 feet above the emergency overflows. The applicant has submitted the updated plans to the RPBCWD to ensure their previous approvals from the District are still met. Ultimately, all conditions, comments, and applicable permits required by the RPBCWD and other underlying jurisdictional bodies shall be adhered to, including Article VII, Chapter 19 of the City Code. A letter of credit will be required to provide security for the cost of public improvements. Currently, there is a letter of credit in place for the grading permit. ASSESSMENTS The home units must pay a water and sanitary service partial hook-up fee at the rate in place at that time when lots and blocks are replatted. The remaining hook-up fees would be paid with the building permits. Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 10 of 14 The developer shall work with the Building Department to determine the City SAC and WAC fees for commercial and multi-family buildings. The hook-up fees for commercial and multi- family buildings are due with the building permit at the rate in place at that time. The developer shall escrow any required funds for the installation or improvement of traffic signals as required by Carver County, and based on Carver County’s cost participation policy as published on their website. If the proposed plan remains committed to individual landscape islands, then silva cells, engineered soil or other accommodations must be used in order to insure the survival of the trees. A reuse watering system should be considered to irrigate plantings. With the amount of impervious surface on site, adequate reservoirs of stormwater runoff will exist to serve the irrigation needs of the site. Foundation plantings will be expected for all buildings on site and residential landscaping requirements will also need to be met for those specific areas. To meet the design goals as stated in the narrative, overall tree cover should be at least 20-25% or higher in commercial areas and a minimum of 30-35% or higher in residential areas. Carver County Comments (from letter dated May 21, 2020) Carver County has submitted a letter regarding compliance addressing access controls on to county roads. This letter is similar to the letter from the 2017 preliminary approval. The developer will be required to adhere to the County’s conditions. Minnesota Department of Transportation (MnDOT) Letter (dated May 20, 2020) The Minnesota Department of Transportation has submitted a letter regarding compliance with their Noise and Water Resources (drainage requirement). This letter is similar to the letter from the 2017 preliminary approval. The developer will be required to adhere to MnDOT’s conditions. Parks and Trails 1. Incorporate meaningful park-like places, including the provision of appropriate recreation equipment, site furnishings, and landscaping adjacent to residential components. 2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket trail easement over the entire preserved area to accommodate the installation of natural surface public trails. 3. Provide an attractive public trail connection from the north entering the Bluff Creek Overlay District. 4. Incorporate traffic calming into all pedestrian crossing locations. Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 11 of 14 5. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. RECOMMENDATIONS “The City Council approves the Final Plat creating five outlots and dedication of public right-of- way, as shown in plans prepared by Landform and subject to the following conditions: Planning Conditions All conditions of the Preliminary Plat dated July 13, 2020 shall apply to all future phases. Engineering: Plat Conditions 1. If subsequent phases require retaining walls, they shall be privately owned and maintained. Condition still applies. 2. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical sections to identify dedicate 10-foot drainage and utility easements abutting all right-of- way to facilitate a corridor for installation of private utilities such as power, communication, gas, etc. Condition has been modified for clarity and still applies. 3. Final street construction plans will be subject to review and approval by staff prior to issuance of a Notice to Proceed for construction activities associated with public street improvements. The applicant shall show the road profiles and a horizontal alignment table in the plan set for all public roads prior to final plat. Condition has been modified for clarity and still applies. 4. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this development will be privately owned and maintained. Condition still applies. 5. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard that includes two-lane entry into the roundabout. The City requires this Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane only. Condition still applies. 6. Staff recommends the applicant add traffic calming measures to Avienda Parkway near the residential areas of development. Specifically, the applicant shall incorporate pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda Parkway. During the re-platting of outlots, the future applicant shall assess and evaluate pedestrian improvements along public streets to address concerns regarding pedestrian Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 12 of 14 safety between residential areas and the core business area. Condition has been modified for clarity and still applies. 7. Trails and pedestrian walks not located within public right-of-way shall be privately owned and maintained. Condition still applies. 8. ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per MnDOT standard details. Condition still applies. 9. Sanitary and water main structures shall not be located within landscaped medians or roundabouts. Final review and approval of the location of sanitary sewer mains and water mains, and their appurtenances, will be conducted required prior to final plat and/or permitting issuance of the Notice to Proceed for utility improvements. Condition has been modified for clarity and still applies. 10. All sanitary and water mains constructed within the right-of-way shall be publically owned and maintained. Condition still applies. 11. Private sanitary and water mains shall be inspected, in accordance with the requirements of the development contract’s General Conditions, and constructed to meet the City’s requirements for public utilities. Condition has been modified and still applies. 12. The developer will be required to complete the 18” trunk water main loop along Lyman Boulevard. Condition has been modified for clarity and still applies. 13. Permanent stormwater management controls and the associated permits are required in accordance with all underlying jurisdictional authorities, including but not limited to the Riley Purgatory Bluff Creek Watershed District, prior to construction activities. Condition still applies. 14. The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. Condition still applies. 15. The portion of the development with single-family housing must pay a water and sanitary service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up fees would be paid with the building permits. Condition still applies. 16. The developer shall work with the Building Department to determine the City’ SAC and WAC fees for commercial and multi-family buildings. The hook-up fees for commercial and multi-family buildings are due with the building permit at the rate in place at that time. Condition still applies. 17. The developer shall adhere to all conditions and comments associated with the Carver County’s review memos (dated May 9, 2018 and May 21, 2020), including to escrow any Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 13 of 14 required funds for the installation or improvement of traffic signals as required by Carver County. Condition still applies. 18. It is the applicant’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, Riley Purgatory Bluff Creek Watershed District, Board of Water and Soil Resources, PCA, etc.). Condition still applies. 19. A drainage and utility easement shall be placed over any outlots. Condition still applies. 20. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the City. Condition still applies. Engineering: New Conditions Based on Review of Final Plat 1. The developer shall enter into a Development Contract with the City and pay all applicable fees and securities. 2. The project shall include street lighting per City Code. Decorative street lights are permissible with a maintenance agreement. 3. An 8-inch stub shall be constructed from the required 18” main along Lyman Boulevard for future extension to service the existing parcels on Sunset Trail north of Lyman Boulevard. 4. The City will provide the applicant’s engineers the appropriate nomenclature for sanitary sewer manholes that shall be incorporated in the final plan set. 5. All easements within proposed public right-of-way shall be vacated prior to, or concurrent with, the recording of final plat. 6. All proposed public streets shall have a speed limit of 30 MPH except for Bluff Creek Boulevard, a minor collector, which will have a speed limit of 35 MPH. 7. Snow removal maintenance activities for any sidewalk in the public right-of-way is the responsibility of the abutting property owner. 8. All public streets and all utilities, both public and private, shall be constructed in accordance with the most recent edition of the City’s Standard Specifications and Detail Plates. 9. All utilities installed outside the public right-of-way and drainage/utility easements shall be privately owned and maintained. The demarcation of private sanitary mains shall be Avienda Final Plat – Planning Case 2017-10 July 12, 2021 Page 14 of 14 at the right-of-way or easement line, the demarcation of private water mains shall be at the right-of-way line with the installation of a gate valve. 10. Prior to any grading activities commencing, all conditions of approval associated with the grading permit dated May 24, 2021 shall be met. 11. No construction traffic shall be allowed from existing Bluff Creek Boulevard. Construction traffic routes and haul routes shall be provided to the City for review and approval prior to issuance of the Notice to Proceed for street and utility improvements. 12. The design and construction of Bluff Creek Boulevard is the responsibility of the Developer and must meet State Aid Standards. MSA-approved roadway plans must be provided. 13. The City is in process of applying for a funding grant (TEDI) from the State of Minnesota DEED. If successful, the grant funding dictates that Bluff Creek Boulevard (excluding subgrade earthwork and sanitary sewer/water main utilities) would need to be a City-led improvement project and thus will need to be contracted by the City via a traditional sealed public bid process. No work pertaining to the construction of Bluff Creek Boulevard may begin until the results of the grant application are known, unless otherwise approved by the City. Landscaping 1. Parking lot islands shall be linear areas incorporating planting area and stormwater management. 2. If the applicant chooses to install the minimum requirement sizes of parking lot landscaped islands, then silva cells, engineered soil or other accommodations must be used. 3. No more than 20% of the total trees should be from any one genus and no more than 10% should be from any one species. 4. A reuse watering system should be considered to irrigate all plantings within the site. 5. Drought tolerant plants shall be incorporated into the overall landscape plan. 6. Proposed landscaping plant materials shall be selected based on site conditions. g:\plan\2017 planning cases\17-10 avienda preliminary plat & pud\final plat june 2021\cc report july 12, 2021.doc AVIENDA 45' PERMANENT D&U EASEMENT PER MNDOT R/W PLAT NO. 10-19 (DOC.NO. A399301) AVIENDA NORTH 0 100 200 1 INCH = 100 FEET SCALE IN FEET AVIENDA NORTH 0 100 200 1 INCH = 100 FEET SCALE IN FEET Narrative Avienda Final Plat Prepared for: Level 7 Development, LLC June 4, 2021 SUBMITTED TO City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 PREPARED BY Landform Professional Services, LLC 105 5th Ave S, Suite 513 Minneapolis, MN 55401 Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC TABLE OF CONTENTS Introduction .................................................................................................................................................. 1 Final Plat ........................................................................................................................................................ 1 Summary ....................................................................................................................................................... 1 Contact Information ...................................................................................................................................... 1 Avienda, Chanhassen, MN June 4, 2021 SCD14001 1 Introduction On behalf of Level 7 Development, LLC, Landform is pleased to submit this application for final plat approval for Avienda. The final plat dedicates public right-of-way consistent with the preliminary plat approval for this 119.87-acre site. We are excited about the improvements proposed for this site. Final Plat We are requesting City approval of the final plat to deed the right-of-way for Bluff Creek Boulevard, Avienda Parkway and Sunset Trail. The remainder of the site will be platted as outlots for future development or dedication to the City for public use. Approval of this final plat will allow us to begin construction of the public infrastructure (sanitary sewer, water and streets) to prepare the site for development. We will work with City staff to finalize the construction drawings, but intend to begin grading this month and begin infrastructure work in late summer. We will continue to work to finalize the development plans and expect to back in from on the City for approval of individual phases in late 2021 or early 2022 depending on market conditions. Summary We respectfully request approval of the Final Plat to dedicate public right-of-way and five outlots. It is our understanding that this will be placed on the June 28th City Council meeting. Contact Information This document was prepared by: Kendra Lindahl, AICP Landform 105 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Kendra Lindahl at klindahl@landform.net or 612.638.0225. 733255.v4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AVIENDA DEVELOPMENT CONTRACT (Developer Installed Improvements) 733255.v4 i TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL ............................................................................ SP-1 2. CONDITIONS OF PLAT APPROVAL ........................................................................ SP-1 3. DEVELOPMENT PLANS ............................................................................................ SP-1 4. IMPROVEMENTS ........................................................................................................ SP-2 5. TIME OF PERFORMANCE ......................................................................................... SP-2 6. SECURITY .................................................................................................................... SP-2 7. NOTICE ......................................................................................................................... SP-3 8. OTHER SPECIAL CONDITIONS................................................................................ SP-3 9. GENERAL CONDITIONS ........................................................................................... SP-5 GENERAL CONDITIONS 1. RIGHT TO PROCEED ................................................................................................. GC-1 2. PHASED DEVELOPMENT ........................................................................................ GC-1 3. PRELIMINARY PLAT STATUS ................................................................................ GC-1 4. CHANGES IN OFFICIAL CONTROLS ..................................................................... GC-1 5. IMPROVEMENTS ....................................................................................................... GC-1 6. IRON MONUMENTS .................................................................................................. GC-2 7. LICENSE ...................................................................................................................... GC-2 8. SITE EROSION AND SEDIMENT CONTROL ......................................................... GC-2 8A. Intentionally omitted ......................................................................................... GC-2 9. CLEAN UP ................................................................................................................... GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS .................................... GC-3 11. CLAIMS ....................................................................................................................... GC-3 12. PARK DEDICATION .................................................................................................. GC-3 13. LANDSCAPING .......................................................................................................... GC-3 14. WARRANTY ............................................................................................................... GC-4 15. Intentionally omitted ..................................................................................................... GC-4 16. EXISTING ASSESSMENTS ....................................................................................... GC-4 17. HOOK-UP CHARGES ................................................................................................. GC-4 18. PUBLIC STREET LIGHTING..................................................................................... GC-4 19. SIGNAGE ..................................................................................................................... GC-5 20. Intentionally omitted ..................................................................................................... GC-5 21. RESPONSIBILITY FOR COSTS ................................................................................ GC-5 22. DEVELOPER'S DEFAULT ......................................................................................... GC-6 23. MISCELLANEOUS A. Construction Trailers ........................................................................................ GC-6 B. Postal Service .................................................................................................... GC-7 C. Third Parties ...................................................................................................... GC-7 D. Breach of Contract ............................................................................................ GC-7 E. Severability ....................................................................................................... GC-7 733255.v4 ii F. Building Permits ............................................................................................... GC-7 G. Waivers/Amendments ....................................................................................... GC-7 H. Release .............................................................................................................. GC-7 I. Insurance ........................................................................................................... GC-7 J. Remedies ........................................................................................................... GC-8 K. Assignability ..................................................................................................... GC-8 L. Construction Hours ........................................................................................... GC-8 M. Noise Amplification .......................................................................................... GC-8 N. Access ............................................................................................................... GC-8 O. Street Maintenance............................................................................................ GC-8 P. Storm Sewer Maintenance ................................................................................ GC-9 Q. Intentionally omitted ......................................................................................... GC-9 R. Variances........................................................................................................... GC-9 S. Compliance with Laws, Ordinances, and Regulations ..................................... GC-9 T. Proof of Title ..................................................................................................... GC-9 U. Soil Conditions................................................................................................ GC-10 V. Soil Correction ................................................................................................ GC-10 W. Haul Routes ......................................................................................................... GC-10 X. Development Signs .............................................................................................. GC-10 Y. Construction Plans ............................................................................................... GC-10 Z. Intentionally omitted ........................................................................................... GC-11 733255.v4 SP-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) AVIENDA SPECIAL PROVISIONS AGREEMENT (“Contract”) dated July 12, 2021 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, LEVEL 7 DEVELOPMENT, LLC, a Minnesota limited liability company (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for AVIENDA (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans are required to be finalized, subject to City approval, after entering the Contract, but before commencement of any public improvement work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: AVIENDA Final Plat dated June 24, 2021, prepared by Landform. Plan B: Avienda Final Plat Plans dated June 18, 2021, prepared by Landform. Plan C: Avienda 60% Road Plans dated May 25, 2018, prepared by Toole Design Group. Plan D: MSA Utility Plans dated June 18, 2021, prepared by Landform. 733255.v4 SP-2 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion and Sediment Control BMP’s 5. Time of Performance. The Developer shall install all required improvements except for the wear course on public streets by November 15, 2022. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $ 3,605,360.00. The amount of the security was calculated as 110% of the following: Site Grading/ESC $ 198,600 Sanitary Sewer $ 871,000 Watermain $ 858,000 Storm Sewer, Drainage System, including cleaning and maintenance $ 1,350,000 Streets ($1,482,700 deferred) $ 0 Landscaping ($430,000 deferred) $ 0 Traffic Signals (34,700 deferred) $ 0 __________ TOTAL COST OF PUBLIC IMPROVEMENTS $ 3,227,600 SECURITY AMOUNT (110% of $ 3,227,600) $ 3,605,360 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security 733255.v4 SP-3 may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required “record” plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. Notwithstanding the foregoing, the amount of security shall be phased with utilities first and then adding roads, landscaping and improvements as the work progresses. The initial security amount shall be $3,605,369 (which is 110% of the initial utilities). As work is completed and paid, the amount of security shall be reduced accordingly and the city shall provide notice (but no more frequently than monthly) to the Developer and the Developer’s lender as to the then-current amount of required security. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Level 7 Development, LLC 4600 Kings Point Road Minnetrista, Minnesota 55344 Attn: Mercedes Rhodes (612) 203-2494 Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, Minnesota 55402 Attn: Larry Wertheim (612) 337-9216 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. FEES 1. Prior to release of the plat for recording and prior to scheduling a pre-construction meeting for installation of public improvements, Developer shall submit to the City $ 79,025.00 for the following City fees: Administration fee (based on estimated construction cost of $ 4,325,000, 2.5% for the first $1,000,000 + 1.5% of the remainder) $ 74,875 733255.v4 SP-4 GIS fee: 5 parcels @ $30/parcel + $100 for the plat $ 250 Street light operating fee: 13 lights @ $300/light $ 3,900 Total $ 79,025 B. CONDITIONS OF APPROVAL 1. Bluff Creek oversizing credit of $900,000 shall be paid to the Developer as follows: If a TEDI grant is received by the City, Developer would receive the $900,000 incrementally as the work is completed. If there is no TEDI grant, the city will pay to the Developer $450,000 as the work is completed and the remaining $450,000 would be payable in equal annual installments over five (5) years without interest. See Exhibit “C” fee schedule. 2. Developer shall implement and adhere to all recommendations listed in the Carver County letter dated May 21, 2020 addressing access controls on to county roads. 3. Developer shall adhere and comply with all recommendations listed in MnDOT’s letter dated May 20, 2020 regarding compliance with Noise and Water Resources (drainage requirement). 4. Developer shall implement the Recommendations and Conditions listed in the Staff Report for Case #2017-10, By: KA, EH, CC Date July 13, 2020. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. 10. Fee Ownership. Developer is the fee owner of the real property described on Exhibit “A’, free and clear of all liens and encumbrances except for a mortgage held by Tradition Capital Bank. 11. Fee Schedule. Attached here to as Exhibit “C” and made a part of this Development Contract is the Fee Schedule. In the event of any conflict with any other provisions of this Development Contract, the provisions of such Fee Schedule shall control. Signature pages follow. 733255.v4 SP-5 CITY OF CHANHASSEN BY: Elise Ryan, Mayor (SEAL) AND: Laurie Hokkanen, City Manager STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2021, by Elise Ryan, Mayor, and by Laurie Hokkanen, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 733255.v4 SP-6 LEVEL 7 DEVELOPMENT, LLC: BY: Bahram Akradi, Its President STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2021, by Bahram Akradi, the President of Level 7 Development, LLC, a Minnesota limited liability company, on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 733255.v4 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: PARCEL 1: The South Half of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota, EXCEPT the two (2) tracts described as follows: Tract 1: Commencing at the southwest corner of Section 23, Township 116, Range 23; thence running North on the section line 30 feet; thence running in a straight line to a point on the south section line of said section, 30 feet East of the southwest corner thereof; thence running west 30 feet to said southwest corner of said Section and the place of beginning, being a three (3) cornered piece in the southwest corner of said Section 23, Township 116, Range 23, Carver County, Minnesota. Tract 2: That part of the Southeast Quarter of the Southwest Quarter and the East Half of the Southwest Quarter of the Southwest Quarter, both in Section 23, Township 116, Range 23, Carver County, Minnesota which lies easterly of Line 2 described below. Line 2: Beginning at the south quarter corner of said Section 23; thence run west on an azimuth of 271 degrees 56 minutes 13 seconds along the south line of said Section 23 for 1634.23 feet to a point; thence on an azimuth of 00 degrees 43 minutes 24 seconds for 500.11 feet to a point; thence on an azimuth of 91 degrees 56 minutes 13 seconds for 1173.46 feet to a point; thence on an azimuth of 29 degrees 19 minutes 18 seconds for 152.11 feet to a point; thence on an azimuth of 352 degrees 57 minutes 23 seconds for 709.36 feet to a point on the north line of said Southeast Quarter of the Southwest Quarter; thence on an azimuth of 91 degrees 23 minutes 02 seconds along the north line of said Southeast Quarter of the Southwest Quarter for 475.37 feet to the northeast corner of said Southeast Quarter of the Southwest Quarter and there terminating. PARCEL 2: Tract 1: The North 420.00 feet of the East 414.86 feet of the Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota. Tract 2: The Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota, EXCEPT the South 658.24 feet thereof, AND ALSO EXCEPT the North 420.00 feet of the East 414.86 feet thereof. Tract 3: The South 658.24 feet of the Northwest Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota. PARCEL 3: 733255.v4 The Northeast Quarter of the Southwest Quarter of Section 23, Township 116, Range 23, Carver County, Minnesota; EXCEPT the part thereof described as Parcel 64 on Minnesota Department of Transportation Right of Way Plat No. 10-19 recorded as Document No. 399300 and described as Parcel 64 in the Final Certificate recorded as Document No. 503436 in the office of the County Recorder, Carver County, Minnesota. All Abstract Property. 733255.v4 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT , Tradition Capital Bank, a Minnesota banking corporation, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of July, 2021. Tradition Capital Bank By Patrick Kasid, Senior Vice President STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of July, 2021, by Patrick Kasid, the Senior Vice President of Tradition Capital Bank, a Minnesota banking corporation, on behalf of the corporation. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 733255.v4 IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2______, of (Name of Bank) "; b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2______. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: ____________________________________ Its ______________________________ 733255.v4 GC-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities, public or private improvements until all the following conditions have been satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title’s Office of the County where the plat is located, 4) Final construction plans and specifications have been approved by the City, 5) Construction plans for Bluff Creek Boulevard have been approved by MnDOT Municipal State Aid, and 6) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges, SWMP charges, and charges for sewer and water referred to in this Contract are being deferred, and shall be imposed on subsequent platting of outlots. Such charges will be calculated and imposed when outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from 733255.v4 GC-2 pertinent agencies and abide by Section 23.S herein before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors inspect the public improvement work, including SWPPP compliance, on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced, applicable provisions of the SWPPP and the erosion and sediment control plan shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if necessary based on actual field conditions. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the SWPPP and erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. Installation of public improvements may not begin until the plat is in full compliance with the SWPPP and erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for temporary erosion and sediment control measures, the City will authorize the removal of the temporary erosion and sediment control BMP’s. The Developer shall remove and dispose of the temporary erosion and sediment control measures. 8a. Intentionally deleted. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 733255.v4 GC-3 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public right-of-way and easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. Park dedication fees are deferred until subsequent outlot platting. The park dedication fees shall be the current amount in force at the time of final platting of outlots pursuant to Chanhassen City Ordinances and City Council resolutions. These credits will be applied against the first outlot development of this plat. If the credit amount is sufficient to cover the park dedication for said outlot, the balance will be held for subsequent outlot development of this plat. i) A $200,000 park dedication credit will be given to the future development of Outlot D. ii) A $100,000 park dedication credit will be given for the dedication of Outlot B to the City. iii) A $185,000 park dedication credit will be given for the dedication of Outlot E to the City. Any of the three credits may be used for the first lots platted and are not restricted to platting of specific outlots. See Exhibit “C”. 13. Landscaping. Landscaping shall be installed in accordance with approved plans and specifications. Unless otherwise approved by the City, trees not listed in the City’s approved tree list are prohibited. The minimum tree size shall be two and one-half (2½) inches caliper, either bare root in season, or balled and burlapped. Unless specifically shown otherwise, the trees may not be planted in the boulevard (area between curb and property line). The City may also use escrowed funds for 733255.v4 GC-4 maintenance of restoration pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for turf establishment (topsoil, seed and sod), trees, and landscaping is one full growing season following acceptance by the City. 15. Intentionally deleted. 16. Existing Assessments. Any existing assessments against the plat will be re-spread against the plat in accordance with City standards. 17. Sanitary Sewer/Water Charges. All sanitary sewer and water fees including SAC, WAC, and Hook-Up fees shall be deferred until subsequent outlot development. Such charges will be calculated and imposed when outlots are final platted into lots and blocks and/or due with building permits. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. Thereafter the city shall be responsible for lighting costs. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. Intentionally deleted. 733255.v4 GC-5 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2½%) of construction costs for the first $1,000,000 and one and one-half percent (1½%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. Intentionally deleted. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering, inspection, recording and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. Intentionally deleted. 733255.v4 GC-6 G. Private Utilities. As Developer shall determine based upon considerations of expense, the Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The Developer shall pay the City a fee (GIS Fee), to reimburse the City for the cost of updating the City’s base maps, GIS data base files, and converting the plat and record drawings into an electronic format. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer’s obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City’s failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 733255.v4 GC-7 F. Building Permits. Building permits will not be issued in the plat or subsequent outlot plats until sanitary sewer, watermain, and storm sewer needed have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans or the subsequent outlot plat plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance, which Certificate of Compliance shall provide that, except as provided in such Certificate of Compliance, the subject property shall be deemed released from the provisions of this Development Agreement. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing, which certificate shall provide that such individual lot is deemed released from the provisions of this Development Agreement. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. 733255.v4 GC-8 L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Notwithstanding the foregoing, the security provided by the Developer under Section 6 of the Development Contract shall satisfy the foregoing requirement. 733255.v4 GC-9 Q. Intentionally deleted. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer’s contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall 733255.v4 GC-10 be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer’s telephone number and designated contact person, allowed construction hours. Y. Final Plat and Construction Plan As-Builts. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2) two complete sets of utility tie sheets, including location stationing and swing ties of all utility stubs including draintile cleanouts, (3) bench mark network, (4) digital file of as-built plans in both .dwg & .pdf format (the .dwg file must be tied to the current county coordinate system and must include all xref’s), The Developer is required to submit the final plat in electronic format. Z. Intentionally deleted. 733255.v4 GC-1 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "C" FEE SCHEDULE 733255.v4 GC-2 733255.v4 GC-3 733255.v4 GC-4 CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Adopt Summary of Ordinance 657 for Publication Purposes ­ Avienda Regional/Commercial PUD Rezoning Section OLD BUSINESS Item No: F.2. Prepared By Kate Aanenson, AICP, Community Development Director File No: PC 2017­10 PROPOSED MOTION “The City Council adopts Summary Ordinance 657 rezoning the Avienda property from Agricultural Estate District (A­2) to PUD Regional Commercial .” Approval requires a 4/5 Vote. SUMMARY On Monday, July 13, 2020, Ordinance 657 rezoning the Avienda property from Agricultural Estate District (A­2) to Planned Unit Development Regional Commercial was approved by the City Council. The preliminary plat for Avienda was also approved on that same date. A rezoning ordinance must be published in order to be effective; however, it cannot be published until the final plat is approved. Staff is requesting approval to publish a summary of Ordinance 657 contingent upon final plat approval of Avienda. ATTACHMENTS: Summary Ordinance 657 Ordinance 657 City Council Minutes dated July 13, 2020 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 657 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING THE AVIENDA PROPERTY FROM AGRIGULTURAL ESTATE DISTRICT (A-2) TO PLANNED UNIT DEVELOPMENT REGIONAL COMMERCIAL The purpose of this ordinance is to rezone property to Planned Unit Development Regional Commercial for development of a regional/lifestyle center. A printed copy of Ordinance No. 657 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 12th day of July, 2021, by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on July 22, 2021) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 657 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the city's zoning ordinance, is amended by rezoning the following described property below from Agricultural Estate District, A-2, to PUD Regional Commercial Avienda. Legal Description THE SOUTH HALF OF THE SOUTHWEST QUARTER (S 1/2 OF SW 1/4), SECTION 23, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA, EXCEPT THE FOLLOWING 2 DESCRIBED TRACTS: LINE 1. COMMENCING AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 116, RANGE 23; THENCE RUNNING NORTH ON SECTION LINE 30 FEET; THENCE IN A STRAIGHT LINE TO A POINT ON THE SOUTH SECTION LINE OF SAID SECTION, 30 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION; THENCE WEST 30 FEET TO SAID SOUTHWEST CORNER OF SAID SECTION AND PLACE OF BEGIN NING, BEING A THREE CORNERED PIECE IN THE SOUTHWEST CORNER OF SAID SECTION 23, TOWNSHIP 116, RANGE 23; AND 2. THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, BOTH IN SECTION 23, TOWNSHIP 116 NORTH, RANGE 23 WEST, CARVER COUNTY, MINNESOTA WHICH LIES EASTERLY OF LINE 2 DESCRIBED BELOW. LINE 2. BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 23; THENCE RUNNING WEST ON AN AZIMUTH OF 271 DEGREES 56 MINUTES 13 SECONDS ALONG THE SOUTH LINE OF SAID SECTION 23 FOR 1634.23 FEET TO A POINT; THENCE ON AN AZIMUTH OF 00 DEGREES 43 MINUTES 24 SECONDS FOR 500.11 FEET TO A POINT; THENCE ON AN AZIMUTH OF 91 DEGREES 56 MINUTES 13 SECONDS FOR 1173.46 FEET TO A POINT; THENCE ON AN AZIMUTH OF 29 DEGREES 19 MINUTES 18 SECONDS FOR 152.11 TO A POINT; THENCE ON AN AZIMUTH OF 352 DEGREES, 57 MINUTES 23 SECONDS FOR 709.36 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ON AN AZIMUTH OF 91 DEGREES 23 MINUTES 02 SECONDS ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER FOR 475.37 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THERE TERMINATING. Page | 2 ABSTRACT TOGETHER WITH PARCEL 1 THE NORTH 420.00 FEET OF THE EAST 414.86 FEET OF THE NW 1/4 OF THE SW 1/4 OF SECTION 23, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA. PARCEL 2 THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA EXCEPT FOR THE SOUTH 658.24 FEET THEREOF; AND ALSO EXCEPT THE NORTH 420.00 FEET OF THE EAST 414.86 FEET THEREOF. PARCEL 3 THE SOUTH 658.24 FEET OF THE NW 1/4 OF THE SW 1/4 OF SECTION 23, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA. TOGETHER WITH THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE 1/4 OF SW 1/4) OF SECTION 23, TOWNSHIP 116 NORTH OF RANGE 23 WEST, CARVER COUNTY, MINNESOTA, EXCEPT THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE1/4 OF SW1/4) OF SECTION 23, TOWNSHIP 116 NORTH, RANGE 23 WEST, SHOWN AS PARCEL 64 ON MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-19, FILED 10-19-2004 AS DOCUMENT NO. 39930. DEVELOPMENT DESIGN STANDARDS A. Intent The use of planned unit developments for regional/lifestyle center commercial purposes should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and services to the traveling public near freeway interchanges. It shall strive to create a self-sustaining pattern of land uses with cultural, employment, entertainment, housing, shopping, and social components. The regional/lifestyle center commercial district is a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive, comfortable walking experience for shoppers and visitors. It shall be designed to serve pedestrian and mass transit users as well as automobile traffic. Centers of this type, generally, have at least two major retail anchors and are characterized by the diversity of mixed retail and service uses. Uses within this district should complement existing retail users in the other commercial districts. Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of Page | 3 automobiles, lighting and trash collection, and surrounding residential uses. Such centers shall be designed with one theme, similar architectural style, similar exterior building materials, and a coordinated landscaping theme, but shall avoid monotony in design and visual appearance. Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. B. Design Standards Unless otherwise provided in the PUD, the design standards shall follow the Chanhassen City Code Chapter 20, Article VIII Division 1. 20-509. - STANDARDS AND GUIDELINES FOR REGIONAL/LIFESTYLE CENTER COMMERCIAL PLANNED UNIT DEVELOPMENTS and Article XXIII, DIVISION 7. - DESIGN STANDARDS FOR COMMERCIAL, INDUSTRIAL AND OFFICE-INSTITUTIONAL DEVELOPMENTS. Applies to District 1, 2 and 3. Chapter 20 DIVISION 9. - DESIGN STANDARDS FOR MULTIFAMILY DEVELOPMENTS and the Avienda Development Design Guidelines. Applies to Districts 4 and 5. The Master Plan identifies five distinct districts within Avienda. Each of these districts (outlined on the plan below) is defined by specific site development patterns and perhaps a Page | 4 distinctive character or image. The sub-districts complement one another as part of the overall plan. The districts are shown on the attached District Map above. They include: • District 1 - Retail – provides a location for larger-scale in-line and stand-alone retail entertainment uses. • District 2 - The Village – provides the broadest variety, highest density and greatest intensity of development, encouraging both vertical and horizontal mixed use. • District 3 - Mixed Use – provides a location for smaller-scale retail. Serve and auto-oriented uses as well as hotels and medical/technology-related offices. • Sub-District 4 - Multi-Family – provides opportunities for high density senior or rental apartments. • Sub-District 5 - Low Density Residential – provides opportunities for small lot homes. C. Development Plans and Regulations The PUD must be maintained in accordance with the following development plans which are on file with the city and which are incorporated herein: 1.Preliminary Plat dated May 1, 2020 2.Development Plan dated May 1, 2020 3.Avienda Design Guidelines dated May 1, 2020 Permitted Uses 1. Entertainment: Amusement and recreation services or substantially similar as reviewed by the Design Review Committee (DRC) and the Community Development Director. 2. Retail sales: a. Department stores not to exceed 25,000 square feet per store, stores that carry an assortment of merchandise from all the other categories. Such establishments may include but are not limited to department stores, discount stores, and similar establishments. b. Supermarkets and other food and grocery stores such as butcher shops and fish markets, fruit and vegetable markets, dairy products stores, candy, nut, and confectionery stores and retail bakeries not to exceed a total of 98,000 square feet. c. Apparel and accessory stores not to exceed 20,000 square feet per store. d. Home furnishing stores selling interior decorating supplies, such as paint, light fixtures and décor. Such stores may not exceed 40,000 square feet for any single store. e. Clothing and apparel stores, including shoes, jewelry, accessories, etc. f. Drug stores and pharmacies. g. One home and furniture store which includes furniture store, home improvement center, electronic store, appliance store, and similar establishments not to exceed 50,000 square feet. h. Farmers market. Page | 5 3. Hospitality and food service establishments including: a. Bars and taverns. b. Cafes, delicatessens, food catering establishments. c. Coffee shops and cafes. d. Patio/al fresco dining facilities; Accessory to a principal use. e. Restaurants. 4. Hotels: a. One hotel is permitted in the Mixed Use District. 5. Services: a. Personal Services i. Professional offices: banking, insurance, legal services and real estate, etc. ii. Financial institutions. iii. Health and recreation clubs, instructions and services. iv. Health services: Offices of doctors, dentists, optometrists, etc. v. Dry cleaning, laundry and garment services. b. One daycare center, childcare centers, preschools and Montessori school, not to exceed a total of 16,000 square feet for all such uses. 6. Housing: Residential development in the regional/lifestyle center commercial PUD may only occur in multiple-family dwellings. a. Senior housing developments are limited to two sites and are not to exceed 150 units per building. Senior housing (55 Plus) includes owner, rental or service enriched. b. Low Density Residential homes, District 5, shall be a Density of 3-6 units an acre and can include detached townhomes and twin homes. 7. Other uses: a. Retail businesses or service establishments that generally provide commodities or services and that are judged by the Community Development Director (1) to be similar in character and operation to the permitted uses described above; (2) to be closely complementary and to enhance the permitted uses; and (3) to be compatible with the intent and purposes of the Avienda Village Regional Lifestyle Center PUD. b. Drive-through accessory to a permitted use. (A maximum of four shall be permitted in Avienda. One drive-thru associated with the supermarket use and two drive-thrus in the Mixed Use District and one in the Village Retail District.) 8. Prohibited Uses a. Auto related including gas stations, tires repair etc. b. Truck, motorcycles, boats, etc. sales. c. Club warehouse including wholesale. 9. Other comparable or superior materials may be approved by the DRC and the Community Development Director. Page | 6 D. Minimum Setbacks Building setbacks shall follow Chapter 20, Article VIII Division 1. 20-509. - STANDARDS AND GUIDELINES FOR REGIONAL/LIFESTYLE CENTER COMMERCIAL PLANNED UNIT DEVELOPMENTS. Setbacks may be waived by the City Council when it is demonstrated that environmental protection and design will be enhanced. E. Development Site Coverage and Building Height 1. The PUD standard for hard surface coverage is 70% for the overall development. Individual lots may exceed this threshold. 2. More than one (1) principal structure may be placed on one (1) platted lot. 3. The maximum building height shall be: a. Retail District - 1 story b. Village District Apartment - 5 stories (excluding underground parking) Retail - 1 story Restaurants - 1 story Entertainment - 1 story c. Mixed Use District Hotel - 3 stories (excluding underground parking) Retail - 1 story Offices - 3 stories (excluding underground parking) d. Multi-family District - 3 stories/40 feet (excluding underground parking) e. Low Density Housing District - 35 feet F. Parking Requirements 1. Parking shall follow Chanhassen City Code ARTICLE XXIV. - OFF-STREET PARKING AND LOADING. 2. There is no minimum parking setback when it abuts, without being separated by a street, another off-street parking area. 3. Code Drive-Thru Facilities. Drive-thrus must comply with the standard of the City Code 20-963 and where appropriate, the city and developer may prepare a vehicle stacking study to determine whether more of less stacking shall be required for a particular use. G. Landscaping Plan An overall landscaping plan is required. The plan shall contain the following: 1. Boulevard plantings. Located in front yards shall require a mix of over-story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and less intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. 2. Exterior landscaping and double-fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and less intensive uses. Similar measures shall be Page | 7 provided for double-fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. 3. Foundation and yard plantings. A minimum budget or plan for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget or prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. 4. Tree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. 5. No fences shall be permitted between the required landscape buffer and arterial and collector roads. H. Signage The intent of this section is to establish an effective means of communication in the development, maintain and enhance the aesthetic environment and the business’s ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, Page | 8 aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: 1. Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service. 2. Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination. 3. Ensure that signs do not create safety hazards. 4. Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists. 5. Preserve and protect property values. 6. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures. 7. Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. 8. All sign shall comply with the city sign ordinance ARTICLE XXVI. – SIGNS unless otherwise permitted in this document. 1. Project Identification Sign A Six project identification signs shall be permitted for the development. The location of the Project Identification signs shall be as follows: a. Southwest and southeast of the intersection of Sunset Trail and Lyman Boulevard. b. Southwest of the intersection of Powers and Lyman Boulevards. c. Northwest and southwest of the intersection of Powers and Bluff Creek Boulevards. d. The most southeasterly corner of the development facing the Highway 212. The design and dimensions of the sign shall be identical throughout the development with exception the larger sign sign facing south on to Highway 212. Page | 9 2. Off-Premise Directory Sign B Three off-premise directory signs shall be permitted for the development. The location of the off- premise directory signs shall be as follows: • Southeast of the intersection of Avienda Parkway and Sunset Trail. • Northwest and southwest of the intersection of Bluff Creek Boulevard and Sunset Trail. The sign architectural structure shall not exceed 19 feet in height and shall be built in accordance with the dimensions and design shown and labeled below. 1. The individual tenant sign panel area shall not exceed 8 square feet, 6 feet wide and 1’ 4” high, no more than three panels per off-premise directional sign. 2. The overall sign area shall not exceed 58 square feet. 3. The sign shall be located outside of the sight triangle and shall not interfere with the driver’s intersection sight distance. 4. The sign shall maintain a minimum of 10 feet from the back of the curb. 5. The sign shall maintain a 1.5-foot separation from trails/sidewalks. Page | 10 6. The sign shall not interfere with snow removal operations. 7. The sign shall only include the names and logos of the businesses. 8. The sign design shall compliment the design and materials of the proposed buildings. Project identification sign area shall not exceed 80 square feet in sign display area nor be greater than eight feet in height. The sign shall be setback a minimum of 10 feet from the property line and be located outside the sight distance triangle. 3. Monument Sign C a. Each lot shall be permitted one monument sign. One monument sign shall be permitted per lot with the exception of Lots 1 and 2, Block 2. These signs shall not exceed 24 square feet in sign display area nor be greater than 5 feet in height. If more than one building is on a lot, the sign must be shared. b. All monument signs shall maintain a uniform architectural design that complements the architecture of the buildings. c. These signs shall be set back a minimum of 10 feet from the property line and be located outside the sight triangle. d. All monument signs shall face the internal streets (Avienda Parkway and Bluff Creek Boulevard). Page | 11 4. Wayfinding Signs D Wayfinding signs shall be permitted along the internal street located within Lots 1 and 2, Block 5. a. The sign shall not exceed 8 feet in height. b. The sign area shall not exceed 32 square feet. c. The sign shall be located outside of the sight triangle and shall not interfere with the driver’s intersection sight distance. d. The sign shall maintain a minimum of 10 feet from the back of the curb. e. The sign shall maintain a 1.5 foot separation from trails and sidewalks. f. The sign shall not be illuminated. g. The sign shall not interfere with snow removal operations. h. The sign lettering shall not exceed 6 inches and shall have a uniform style. i. The sign shall only include the names and logos of the businesses and a directional arrow. j. The sign design shall compliment the design and materials of the proposed building. k. The sign shall not obstruct drivers’ views of any city-owned street signage or railroad signage. l. The sign will be owned and maintained by the developer. m. The applicant shall construct the sign. Page | 12 5. Wall Signs a. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend above parapet height. The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. b. Second story illuminated signs that can be viewed from neighborhoods outside the PUD site, are prohibited. c. Tenant signage shall consist of store identification only. Copy is restricted to the tenant’s proper name and major product or service offered. Corporate logos, emblems, and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 30% of the sign area unless the logo is the sign. d. Wall signs are limited to two elevations per building unless the area of square footage exceeds 25,000 or above in a single use. e. Single tenant buildings shall be permitted wall signs on two elevations only unless the area of square footage exceeds 25,000 or above in a single use. The size of the sign shall be based on Table 1. f. Halo Lit signs are permitted consistent with the wall area criteria, including maximum nits and only white. Page | 13 6. Projecting Sign (Wall) a. Shall be limited to the Village Retail District. b. Sign area shall not exceed 2 square feet and not project more than 2 feet from the building. 7. Festive Flags/Banners a. Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. b. Flags and banners shall be constructed of fabric or vinyl. c. Banners shall not contain advertising for individual users, businesses, services, or products. d. Flags and banners shall project from buildings a maximum of two feet. f. Flags and banners shall have a maximum area of 10 square feet. g. Flags and banners which are torn or excessively worn shall be removed at the request of the city. 8. Building Directory a. In multi-tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. 9. On-Premise Directional Signs a. On-premises signs shall not be larger than four (4) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. No more than four (4) signs shall be allowed per lot. The City Council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. b. Bench signs are prohibited except at transit stops as authorized by the local transit authority. c. Signs and Graphics. Wherever possible, traffic control, directional, and other public signs should be consolidated and grouped with other street fixtures and furnishings to reduce visual Page | 14 clutter and to facilitate vehicular and pedestrian movement. A system of directional signs should also be established to direct traffic within the commercial area and away from residential areas. 10. Prohibited Signs a. Pylon signs. b. Back lit awnings. c. Window signs are prohibited except for company logo/symbol and not the name. Such logo shall not exceed 10% of a window area. d. Menu signs. e. Signs on roofs, dormers, and balconies. f. Billboards. g. Interchangeable letter boards or panels. h. Flashing signs. 11. Sign Design and Permit Requirements a. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. b. All signs require a separate sign permit. c. Wall business signs shall comply with the city’s sign ordinance for the neighborhood business district for determination of maximum sign area. Wall signs may be permitted on the “street” front and primary parking lot front of each building. I. Public Realm, Streetscape The site development, streetscape character, building placement, pedestrian realm, material expression and color, stormwater utilization, building interest, lighting and walking paths shall be consistent with the Avienda Development Guidelines Dated May 1, 2020. PASSED AND ADOPTED by the Chanhassen City Council this 13th day of July, 2020. ATTEST: Heather Johnston, Interim City Manager Elise Ryan, Mayor Chanhassen City Council – July 13, 2020 12 Chad Lundeen: Thank you. Mayor Ryan: Appreciate it. Chad Lundeen: Appreciate your time. Mayor Ryan: Council any discussion on this item? Anybody? Councilman Campion: I’ll make a motion. Mayor Ryan: Okay Councilman Campion. Councilman Campion: The Chanhassen City Council approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, and approves the variance to request to exceed the 250 square foot water oriented accessory structure size limit, subject to the conditions of approval and adopts the attached Findings of Fact and Decisions. Mayor Ryan: Alright we have a valid motion. Is there a second? Councilman McDonald: We have a valid motion and a second. Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City Council approves a variance to permit a building to be constructed on an outlot, approves a variance for a second water oriented accessory structure, and approves the variance request to exceed the 250 square foot water oriented accessory structure size limit, subject to the following conditions of approval and adopts the attached Findings of Fact and Decisions: 1. No trees, shrubs, or native vegetation shall be allowed to be cleared for the grading or construction of the building. 2. The applicant must apply for and receive a zoning permit. 3. The installation of the shed shall not encroach into any recorded drainage and utility easement associated with the outlot. 4. The combined area of both water oriented accessory structures may exceed 250 square feet. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you. APPROVE REVISED PRELIMINARY PLAT AND AMENDMENT TO THE AVIENDA PUD. Chanhassen City Council – July 13, 2020 13 Mayor Ryan: Alright Ms. Aanenson I believe. Kate Aanenson: If we can call in the next applicants please. Councilman Campion: Now paging. Mayor Ryan: The applicants for I think they’re here. Or there they are. One more coming? Mark, welcome. Ms. Aanenson go ahead. Kate Aanenson: Thank you. As you recall we discussed this at your last work session. We kind of went through the updates from the Level 7 Development. This item did appear at the Planning Commission for public hearing on June 20th and here we are today. Again just a reminder that this is the 118 acres just south of Lyman Boulevard and immediately west of Powers Boulevard. We put some of the background in there. Not even including the AUAR but we’ve been working on this specific plan with this development team, this LLC group since 2017 and we’ve gone through a lot of iterations but I’m really pleased as we’ve gotten to this level of, no pun intended, that we’ve kind of worked through a lot of things. I think sometimes having that space in there kind of refines some things that making it a better project. So the summer of this request tonight is two fold. One is to rezone it to the PUD Regional Commercial and then also to approve the preliminary plat. So if you recall at your last meeting as a part of the, at your last meeting we approved, one of the things that needed to be amended and that was the city code allowing for 30 percent residential. As we went through this we decided as a group that really the residential is going to be the driver for the other office a nd the retail so we needed to make that change first so I’ll go through a little bit more detail on that. So that’s one thing is the PUD will be changed and then also approving the preliminary plat. The 2017 approval process, we approved all the wetland alteration permits and then we also granted conditional use for the Bluff Creek Overlay for development within the Bluff Creek Overlay District and that was to allow the continuation of Bluff Creek Boulevard. So the driver on this is the development table. I think the Planning Commission got a little bit confused because we were kind of comingling the PUD density in this but this is the layout of the plan and so each project within this plan comes back through the entire process. So it will be measured up against the PUD standards that we put in place. The design guidelines and so each project will have an opportunity for a public hearing before the Planning Commission and then you ultimately see it too but this lays out again the square footages, densit ies and the particular uses and the road layout and I’ll go through that in a little bit more detail too but again we do have a mix of housing in there and that’s mostly on the western side of the development. So the first thing is then consistency with t he rezoning to PUD. As I mentioned earlier we put, did only one, there’s only one regional mall in the city. I think the Planning Commission was concerned that we were going to drop another 30 percent up to 600 units somewhere else in the city. We don’t have that zoning anywhere else then you’d have to grant that approval and re-guide something so this would be the only place where we’ll have this type of PUD development. So the design standards as I mentioned earlier really drive this document. So the y’re tied to the plat which we’ll talk about in a minute. They’re tied to the Chanhassen City Council – July 13, 2020 14 development plan which I just showed you and then Avienda has their own design guidelines so they kind of all work in tandem so they again we went through some of the things that seemed a little bit more restrictive and tried to build a little bit of flexibility in those. As we know we really capped the square footage of certain uses which we can’t really predict 3, 4, 5 years out so we try to build in some flexibility so we didn’t have to come back and be amending it all, all the time and I think everybody felt comfortable. The Planning Commission did. Staff and the developer had some good ideas and I think moving forward we’re in a good place. So the district master plan aga in kind of breaking down how the development may come about. So if you’re looking at the colors on here, the retail district moved to the north. That was one of the biggest changes on this project which the developer mentioned or went through in their last one so the retail is now on the north side which really reduced the grading so there’s a large retaining wall on that south end which is no longer there so now we’re able to use the footprint and have the underground parking and the retail on the north side also will have, be somewhat recessed from Lyman Boulevard as that grade is quite a bit higher. Multi-family housing again will be adjacent, that’s area number 4 adjacent to Lyman Boulevard and then we’ve always stated that there’d be transitional low density housing, smaller lots, single family lots adjacent to the neighborhood immediately to the west. I have a multi-family housing project against that Bluff Creek area proposed right now is potentially senior housing. Again taking advantage of the area in the preserve there for the Bluff Creek Overlay District. And then the mixed use district, that’s where there will be a hotel and a lot of the office and some other support retail. And then number 2 area is the village concept. That’s where the largest apartment building would be and then a lot of the other kind of specialty retail and additional restaurants so again as the developer mentioned more than likely the housing might come in first but they can all go independently. The main thread to make this all happen is the continuation of Bluff Creek Boulevard as it goes from Powers Boulevard continuing east to west. So as I mentioned the PUD ordinance works with the design guidelines. Those were included in your packet and we spent a lot of time going through refining those. Again making sure that they met the high architectural standards that we talked about before. Again meeting some flexibility for individual retailers that have their own branding and how they work within those design guidelines so I believe this is really, more time to think through as we were working through the big project so very pleased with the changes that were made. Mayor Ryan: Kate can I. Kate Aanenson: Yeah go ahead. Mayor Ryan: Or Ms. Aanenson could I interrupt you real quickly? Kate Aanenson: Yes. Mayor Ryan: And when you talk about flexibility, I mean I think that word always makes people nervous. So when you say with different retailers bringing in their own brand. They’re Chanhassen City Council – July 13, 2020 15 still, you know the building itself is still under the same guidelines but if they have some element that kind of identifies that their brand that’s what’s allowed. Kate Aanenson: That’s a great way to say it. Mayor Ryan: Okay. Kate Aanenson: That’s a great way to say it or some signature item that would, that lets you know it’s their’s and also in the signage, that will be one of the things too but thank you for commenting. That’s a better way to say it, yep. So the sign plan we spent a lot of time on too. There was a couple of large signs along this bottom, this retaining wall along here and then some flags that were along there too so those all have been changed up so I think it’s a lot more tasteful coming up from the south when you’re actually seeing the buildings themselves as opposed to what would have been in the back that would have been service. Because more of the retail would have had more of the service drives there so I think architecturally it’s going to be more pleasing to see office and that look and then also that big retaining wall’s gone. So if you’re looking at all these sign factors here, so these are all laid out and those are the kind of, because this would be the largest retail center besides the downtown. It has well thought out signage and so that again we took another look see at that and made some changes on that. The materials stay the same. So there’s different types of way finding signs. Kind of the major tenant signs and then a monument signs and those are all specifically placed and already identified so that makes it easier when the developer’s looking at the property know what’s laid out in front that’s different than what they would get from just their own wall signage but these area just kind of that way finding. So the one thing we did agree to is making the one larger sign, Avienda. Giving that sense of place as you’re coming up on 212 to be able to see that and that was, this is the view shed so you get an idea that it’s not perspective because it sits back quite a ways. I’ll help you find it right there. So that was one of the things that was brought up and I think that’s much more tasteful than having all those flag signs that were on there before. And then this would be the other larger sign which would be at the entrance coming in off of 212 crossing into Powers and then also coming, you can see that then here illustratively. That would be like that so that’s kind of your gateway sense of entry there. Sense of arriving at a place. And this would be the other entrance coming in from the other side of Bluff Creek Boulevard coming in from the neighborhood side. Again the sense of place and then the way finding or the directional signs. So this is what we talked about with those individual kind of the signature trademark kind of signs. That’s where they would show some of their character. That might be some of the awnings and that sort of thing too. So that’s the PUD in itself. So we’ve got those rules put in place which are unique attributes to that project. Then the second part of the application is the preliminary plat. So this plat now has 19 lots and no they didn’t acquire more land they just split them up differently. Again the preliminary plat, you can combine lots but if they were to subdivide another lot in the future some revision would then have to come back to you but if they combine lots, if they get a bigger user and they thought that that can be accomplished administratively but they’ve identified all those lots for the uses that they’ve shown on the original development plan. So again Bluff Creek Boulevard is what they talked Chanhassen City Council – July 13, 2020 16 about at the work session. This is the big lift right here is getting the grading for all that and then getting this main thread. So these are the two main threads and one of the big changes that they talked about was not making this continuous loop all the way around the project. So for the engineering part of it, you can see the differences from the original project. The complete loop and now it doesn’t go all the way through so. And then utilities. Mayor Ryan: Ms. Aanenson could you go back to that real quickly again? Kate Aanenson: Yep. Mayor Ryan: Because that was one of my questions about that. So now there’s no through road connecting on the west. Kate Aanenson: It’s a private street. Yep. There’s a pedestrian map that you asked and I’ll show that to you. Ma yor Ryan: Okay perfect. Kate Aanenson: When we get to the end. I know that was one of your requests. Mayor Ryan: Thank you. Kate Aanenson: So the grading, this was the, there was a big, you can see where the red was, these are big retaining walls so that’s now been eliminated again which I think makes a much better plan and there will still be retaining walls along Lyman Boulevard as I mentioned. There’s a big change in grade right there if you look out there now. So that’s I think a much better plan. Stormwater, they had been working on the stormwater plan. They were trying to get their grading going so a lot of that trying to accommodate that and working through some changes on that based on the initial mass grading and then converting those to permanent structures during the buildout phase. Sanitary sewer and water is all available. And then this is the pedestrian circu lation plan that you had asked for. If there’s questions on that I’ll let the applicants talk about that but that was one of the things you had talked about so we’ve got the on the public street, which is Bluff Creek Boulevard and Bluff Creek Parkway. There’s sidewalks along that. There’s a continuation through the main core and that’s the highest density and the highest concentration of the retail and also this side coming through for the pedestrian connection. So if you had any more questions on those, some of those connections like from the hotel to the restaurants and the like I’d let the developer speak to that. So with that again the Planning Commission did recommend approval. We are recommending approval of the rezoning and the preliminary plat and adopting the Findings of Fact and Decision and with that I’d be happy to answer any questions. Mayor Ryan: Thank you. Council do you have any questions? I just have one final question Ms. Aanenson in terms of, you talked about the retaining walls on the south end. Just the Chanhassen City Council – July 13, 2020 17 screening. You know obviously the screening is a big issue when you start talking infill development. We you know are talking about it now with Lennar development and that’s just housing. Obviously we have houses on the south side of that development and we’re going from dark space at night to bright lights and buildings and what not so I know you have the big chunk of the bluff maintained but how about the, where the retaining wall is removed. What type of screening is there? Kate Aanenson: I apologize. I didn’t put the landscaping plan in but that was one of the discussions that we had that they felt strongly about was the continuation of the landscaping through Bluff Creek Boulevard is one issue. We’ve had some problems maintaining it but they’re willing to take that over and still put that in. We’ve talked about the transition up on the top. There will be landscaping on that and then also as we look, that was one of the things we talked about where I did have the retaining wall doing some treatment on the top or the bottom so I think that would still be, each project as it comes in would then also have to meet that but there are some framework landscaping that they’d have to match up to. Just like we do with a subdivision. Mayor Ryan: Right. Kate Aanenson: There’s the overall landscaping plan that they’ll have to follow and securities for that, yeah. Mayor Ryan: Okay because I’m thinking of, and I can’t think of the neighborhood but the Lennar development that’s down on the southern part. I just want to make sure that when, you know when that, I don’t know what phase it is. I didn’t pull it up on mine. Phase 3 I think it is. Kate Aanenson: Oh you’re talking about on this phase? Mayor Ryan: Or district I should say district. Kate Aanenson: Yeah. Mayor Ryan: Oh there it is. Yeah so for District 3 along that southern part just want to make sure that there’s enough screening because that, does that not abut at all to the neighborhood or is it angled enough away? Maybe it’s angled enough away. Kate Aanenson: Yeah so the one that’s going to have the most impact is the low density one. Mayor Ryan: Okay. Kate Aanenson: Yep and we’ve talked about working with that neighborhood regarding matching some of the grades. That’s going to be a future discussion because there’s some Chanhassen City Council – July 13, 2020 18 drainage issues on the back there but certainly that, when they come in with that plan they’ll show the landscaping for that. Mayor Ryan: Okay. Kate Aanenson: But this one actually is sitting up a little bit higher and it’s actually overlooking if I can go to this, we had that illustrative slide here. Actually overlooking kind of the right -of- way, MnDOT right-of-way. Mayor Ryan: Okay so it’s angled enough away. Kate Aanenson: Correct. Mayor Ryan: Okay. Kate Aanenson: Correct but that doesn’t eliminate still you have the issues on the north side of Lyman too and just transitioning those buildings and the lights and all that as we look at those site plans. Mayor Ryan: Okay. And Mr. Nordland are you speaking tonight? Is the applicant not? Mark Nordland: They’re just here to answer questions. Mayor Ryan: I mean I know you’ve been at a lot of our meetings. I know you’re kind of getting used to…so if you wanted to say something you’re welcome. Council any further questions, comments or action for tonight? Councilman McDonald: Madam Mayor I’d be glad to do the proposal for this. I would propose that the City Council approves rezoning of 118 plus or minus acres from Agricultural Estate District (A2) to PUD Regional Commercial including Exhibit A, Avienda Design Standards. And B, the City Council approves the amended subdivision preliminary plat creating 19 lots, 3 outlots, and dedication of public right-of-way as shown in plans prepared by Landform dated May 1, 2020 subject to conditions in the staff report. And the City Council adopts, also adopts the attached Findings of Fact and Decision. Mayor Ryan: Thank you Councilman McDonald. Is there a second? Councilwoman Tjornhom: Second. Mayor Ryan: Thank you Councilwoman Tjornhom. With a valid motion and a second all those in favor please signify by saying aye. Chanhassen City Council – July 13, 2020 19 Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council approves the following: PUD The City Council approve the Rezoning of 118+/- acres, from Agricultural Estate District, A-2, to PUD Regional Commercial including “Exhibit A Avienda Design Standards”. SUBDIVISION The City Council approve the amended Subdivision Preliminary Plat creating 19 lots, 3 outlots and dedication of public right-of-way, plans prepared by Landform dated May 1, 2020, subject to the following conditions: Engineering 1. If subsequent phases require retaining walls they shall be privately owned and maintained. 2. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical sections to identify a corridor for installation of private utilities such as power, communication, gas, etc. 3. The applicant shall show the road profiles and a horizontal alignment table in the plan set for all public roads prior to final plat. 4. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this development will be privately owned and maintained. 5. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard that includes two -lane entry into the roundabout. The city requires this Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane only. 6. Staff recommends the applicant add traffic calming measures to Avienda Parkway near the residential areas of development. Specifically, the applicant shall incorporate pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda Parkway. 7. Trails and pedestrian walks not located within public right-of-way shall be privately owned and maintained. 8. ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per the MnDOT standard details. 9. Sanitary and water main structures shall not be located within landscaped medians or roundabouts. Final review of the location of sanitary sewer mains and water mains, and their appurtenances, will be conducted prior to final plat and/or permitting. 10. All sanitary and water mains constructed within the right-of-way shall be publically owned and maintained. 11. Private sanitary and water mains shall inspected and constructed to meet the city’s requirements for public utilities. Chanhassen City Council – July 13, 2020 20 12. The developer will be required to complete the water main loop along Lyman Boulevard. 13. Permanent stormwater management controls and the associated permits are required in accordance with all underlying jurisdictional authorities, including but not limited to the Riley Purgatory Bluff Creek Watershed District, prior to construction activities. 14. The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. 15. The portion of the development with single-family housing must pay a water and sanitary service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up fees would be paid with the building permits. 16. The developer shall work with the Building Department to determine the city SAC and WAC fees for commercial and multi-family buildings. The hook-up fees for commercial and multi-family buildings are due with the building permit at the rate in place at that time. 17. The developer shall adhere to all conditions and comments associated with the Carver County’s review memos (dated May 9, 2018 and May 21, 2020), including to escrow any requir ed funds for the installation or improvement of traffic signals as required by Carver County. 18. It is the applicant’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA, etc.). 19. A drainage and utility easement shall be placed over any outlots. 20. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. Landscaping 1. Parking lot islands shall be linear areas incorporating planting area and stormwater management. 2. If the applicant chooses to install the minimum requirement sizes of parking lot landscaping islands, then silva cells, engineered soil or other accommodations must be used. 3. No more than 20% of the total trees should be from any one genus and no more than 10% should be from any one species. 4. A reuse watering system should be considered to irrigate all plantings within the site. 5. Drought tolerant plants shall be incorporate into the overall landscape plan. 6. Proposed landscaping plant materials shall be selected based on site conditions. 7. At a minimum, overall tree cover should be at least 20-25% or higher in commercial areas and a minimum of 30-35% or higher in residential areas. Chanhassen City Council – July 13, 2020 21 8. Any landscaping located within the ROW shall be covered by an encroachment and maintenance agreement. Park and Trail 1. Incorporate meaningful park-like places, including the provision of appropriate recreation equipment, site furnishings, and landscaping adjacent to residential components. 2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket trail easement over the entire preserved area to accommodate the installation of natural surface public trails. 3. Provide an attractive public trail connection from the north entering the Bluff Creek Overlay District. 4. Incorporate traffic calming into all pedestrian crossing locations. 5. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. Building Official Comments 1. The buildings are required to have automatic fire extinguishing systems. 2. A final grading plan and soils report must be submitted to the Inspections Divisio n before permits can be issued. 3. Retaining walls over 4 feet high require a building permit and must be designed by a professional engineer. 4. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 5. Building plans (when submitted) must include a code analysis that contains the following information: Key Plan, Occupancy Group, Type of Construction, Allowable Height and Area, Fire Sprinklers, Separated or Non-Separated, Fire Resistive Elements (Exterior walls, Bearing walls - exterior or interior, Shaft, Incidental Use), Occupant Load, Exits Required Common Path, Travel distance), Minimum Plumbing Fixture Count. 6. Detailed occupancy related requirements will be addressed when complete building plans are submitted. 7. Structure proximity to property lines (and other buildings) will have an impact on the Code requirements for the proposed building, including but not limited to allowable size, protected openings and fire-resistive construction. These requirements will be addressed when Chanhassen City Council – July 13, 2020 22 complete building and site plans are submitted. 8. Every building, containing any plumbing fixtures and/or receptors, must have its own independent connection with a public or private sewer, except that a group of buildings may be connected to one or more manholes which are constructed on the premises and connected to a public or private sewer. (MSPC 713.0) 9. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. Fire Department Comments At the time of site plan, review the design for the private street, adjacent to the preservation area that accesses the Senior Housing and Townhouses needs to accommodate for emergency apparatus. Conditional Use Permit The Conditional Use Permit was already approved and will be reaffirmed with the revised preliminary plat with City Council approvals. The Chanhassen Planning Commission recommends that City Council approve the Conditional Use Permit to encroach into the Primary Zone and required buffer for the construction of Bluff Creek Boulevard subject to conditions in the staff report: 1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the city. 2. The developer shall provide the city with a management plan for the area and submit to the city for review. 3. Monuments indicating the Bluff Creek Overlay District shall be placed at every other property corner and at an angle of deflection greater than seven percent, but in no case shall they be greater than 150 feet apart. 4. The developer shall not encroach into the Bluff Creek Primary Zone. 5. The developer shall comply with the with the 40-foot Primary Zone setback and preserve or create a 20 foot buffer from the Primary Zone. 6. The bu ffer will be required to have a vegetation management plan and soil amendments. Wetland Alteration Permit The Wetland Alteration Permit was already approved will be reaffirmed with the revised preliminary plat with City Council approvals. Chanhassen City Council – July 13, 2020 23 The Chanhassen City Council approve the Wetland Alteration Permit to 4.4659 acres of permanent wetland impacts subject to conditions: 1. The applicant needs to supply the needed additional information to the city. The additional information is needed to determine if the project meets the WCA requirements. 2. A Technical Evaluation Panel (TEP) meeting is needed to review the application. 3. If the application is deemed to meet the avoidance and minimization criteria of the WCA, a mitigation plan that adequately replaces wet land functions and values is needed. 4. City staff has reviewed mitigation options. City staff recommends the applicant provide wetland mitigation via the purchase of wetland bank credits at a rate of 2:1, in accordance with WCA requirements. This condition has been met - see attachment. 5. The applicant shall contribute $300,000 to the city for water quality improvement projects within the watershed. And adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Ryan: That motion carries 5-0. Thank you. Thank you Ms. Aanenson. CONDUCT PUBLIC HEARING, ADOPT ASSESSMENT ROLL, AND AWARD CONSTRUCTION CONTRACT FOR LAKE LUCY ROAD REHABILITATION PROJECT. Mayor Ryan: Alright Mr. Howley you’re up next and the first, we have two public hearings tonight. One for the Lake Lucy Road project and then obviously we’ll get to the other road projects next but let’s start with the Lake Lucy. Charlie Howley: Thank you Mayor, council. Lake Lucy Road Rehabilitation Project and I want to make sure to distinct that this is a separate stand alone project. We refer to it as the MSA project. It is not the Lake Lucy Road that’s buried in the next one that we’re going to talk about which is the 2020 street recon. This is both consideration of holding an assessment hearing and considering award of contract. Again tonight’s action. Of course we had a work session where we talked about some strategies but originally we wanted to conduct a public hearing for the proposed assessments. We would consider the approval of the assessment roll and then consider authorizing the construction contract to move ahead. Project area and scope for your review. This is Lake Lucy Road between Trunk Highway 41 and Galpin. It is identified as a collector street and a designated MSA route with a total of .7 miles. It’s planned for a mill and overlay. The existing bituminous trail would be a full depth reclamation. We would redo some ADA CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Resolution 2021­XX: Consider a Request for Approval of a Metes and Bounds Subdivision of 4.39 Acres into Two Lots at 8971 Crossroads Boulevard Section PUBLIC HEARINGS Item No: G.1. Prepared By Sharmeen Al­Jaff, Senior Planner File No: Planning Case No. 2021­14 PROPOSED MOTION “The Chanhassen City Council adopts a resolution approving a two­lot metes and bounds subdivision of Crossroads of Chanhassen, subject to the conditions of the staff report, and adopts the Findings of Fact and Decision.” Approval requires a Majority Vote of the entire council. SUMMARY The applicant is requesting metes and bounds subdivision approval to divide the property into two lots.  City Council may approve a metes and bounds subdivision of a lot into two lots inside the urban services area if both resulting lots meet the minimum requirements of the zoning ordinance and abut an existing public street, pursuant to Section 18­37(b) of the Chanhassen City Code. BACKGROUND The applicant is requesting to subdivide the portion of the site occupied by Building 4D and sell it to a private business, My Salon.  There will be minor changes to the layout of the site.  All revisions to the site plan are minor and can be processed administratively as permitted in the Zoning Ordinance, Sec. 20­108. ­ Exceptions. (2) DISCUSSION The applicant is requesting a metes and bounds subdivision creating two lots, establishing Parcels A and B.  Parcel A is proposed to have an area of 167,790 square feet and Parcel B will have an area of 23,618 square feet.  Both parcels have access to sewer and water.  There may be minor adjustments to the property lines due to enlarging landscape islands.  Staff will work with the applicant to resolve potential lot line adjustments. This is a simple subdivision and staff is recommending approval with conditions. RECOMMENDATION Staff recommends that City Council adopt a resolution approving the metes and bounds subdivision creating two lots subject to the conditions in the staff report dated July 12, 2021, and adopt the Findings of Fact and Decision. CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectResolution 2021­XX: Consider a Request for Approval of a Metes and Bounds Subdivision of4.39 Acres into Two Lots at 8971 Crossroads BoulevardSectionPUBLIC HEARINGS Item No: G.1.Prepared By Sharmeen Al­Jaff, Senior Planner File No: Planning Case No. 2021­14PROPOSED MOTION“The Chanhassen City Council adopts a resolution approving a two­lot metes and bounds subdivision of Crossroadsof Chanhassen, subject to the conditions of the staff report, and adopts the Findings of Fact and Decision.”Approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting metes and bounds subdivision approval to divide the property into two lots.  City Council mayapprove a metes and bounds subdivision of a lot into two lots inside the urban services area if both resulting lots meetthe minimum requirements of the zoning ordinance and abut an existing public street, pursuant to Section 18­37(b) ofthe Chanhassen City Code.BACKGROUNDThe applicant is requesting to subdivide the portion of the site occupied by Building 4D and sell it to a private business,My Salon.  There will be minor changes to the layout of the site.  All revisions to the site plan are minor and can beprocessed administratively as permitted in the Zoning Ordinance, Sec. 20­108. ­ Exceptions. (2)DISCUSSIONThe applicant is requesting a metes and bounds subdivision creating two lots, establishing Parcels A and B.  Parcel A isproposed to have an area of 167,790 square feet and Parcel B will have an area of 23,618 square feet.  Both parcelshave access to sewer and water.  There may be minor adjustments to the property lines due to enlarging landscapeislands.  Staff will work with the applicant to resolve potential lot line adjustments.This is a simple subdivision and staff is recommending approval with conditions.RECOMMENDATION Staff recommends that City Council adopt a resolution approving the metes and bounds subdivision creating two lots subject to the conditions in the staff report dated July 12, 2021, and adopt the Findings of Fact and Decision. ATTACHMENTS: Staff Report Findings of Fact and Decision Development Review Application Resolution Affidavit of Mailing Plans Survey CITY OT CHANIIASSXN Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow MEMORANDUM TO:Laurie Hokkanen, City Manager FROM: Sharmeen Al-Jaff. Senior Planner DATE: July 12,2021 SUBJ:Crossroads of Chanhassen, Metes and Bounds Subdivision Planning Case #2021-14 PROPOSED MOTION "The Chanhassen City Council adopts a resolution approving a two-lot metes and bounds suMivision ofCrossroads of Chanhassen, subject to the conditions ofthe staff report, and adopts the Findings of Fact and Decision." City Council approval requires a majority vote of City Council. EXECUTIVE SUMM ARY The applicant is requesting metes and bounds subdivision approval to divide the property into two lots. City Council may approve a metes and bounds subdivision of a lot into two lots inside the urban services area ifboth resulting lots meet the minimum requirements ofthe zoning ordinance and abut an existing public street, pursuant to section 18-37 (b) of the Chanhassen City Code. The applicant is requesting a metes and bounds suMivision of a 4.39-acre parcel into two (2) lots on property zoned Planned Unit Development (PUD) located at 8971 Crossroads Boulevard. The applicant is Kraus-Anderson. The City's discretion in approving or denying a plat is limited to whether or not the proposed plat meets the standards outlined in the SuMivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the subdivision. This is a quasi-judicial decision. PH 952.227.1 I 00 . www.ci.chanhassen.mn.us . Fx 952.227.111 0 77OO I4ARKET BOULEVARD .PO BOX I47. CHANHASSEN .MINNESOTA 553]7 PROPOSAL SUMMARY ry+ LEVEL OF CITY DISCRETION IN DECISION.MAKING Crossroads of Chanhassen Planning Case N o. 2021 -1 4 Ju,ly 12,2021 Page2 BACKGROUND The Land Use Plan designates areas around the TH l0lnH2l2 interchange as Mixed Use. This category has been established to accommodate either commercial or high-density residential developments. The high-density category, which includes unitswith a maximum netdensity of 16.0 units per acre, accommodates apartments and higherdensity condominium units, but would also permit the development of townhome-type units. The commercial use is intended to support or complement high-density residential development. Commercial uses may include convenience grocery stores, daycare facilities, etc., or those uses that meet the daily needs of the residents. The Planned Unit Development goveming this development needs to be amended and standards for the use developed in order for the site plan to be considered and approved' t: .t. \ .1 a I tt I- ,/ I Crossroads of Chanhassen Planning Case No. 2021 -1 4 July 12,2021 Page 3 Concept Plan On January 4, 2005, the Planning Commission reviewed and approved the Concept PUD for the site (not to be confused with site plan approval). This plan was later approved by City Council on January 24, 2005. This final concept layout reflected a residential component within the areas located north and south of Lake Susan Drive with the highest density concentration facing Highway l0l. The portion of the site located south of Highway 212 consisted of a mix of commercial and residential uses. In that instance, the residential part encompassed the westem portion ofthe site while the commercial part occupied the remainder of the site, and faced Highways I 0l , 2 12, and Lyman Boulevard. Highrtar Pllns rv/Site Lirtout No.rlr Sik Lo( ion R..ll,tn.d Hlglr$.!t l0l N6\ Hirhsr 2U Propor.d Liglt.d Irt.r3..rion firnlr. Sourhr.lr IU.rro lrDsir Strtto :ourh Sra Lo(atio, Lr l.n Eonlflrrd & Hrah(r\ l0l L .r(hxr{. Res'irlcntial North Site South Site ui ri t I za;z (' I ( I l. t) l. ( I/ I T T7 {{rlF I I Residenfi i V I t 1 t \lI llr n -l lq Crossroads of Chanhassen Planning Case N o. 2021 - I 4 J,,tly 12,2021 Page 4 Development Plan On June 27,2005, the City Council approved rezoning the property from Residenrial Single Family to Planned Unit Development-Mixed Use and adopted the Planned Unit Development ordinance that regulated and set standards for the development ofthis site including permifted uses, landscaping, setbacks, signage, building materials, architectural standards, parking, etc. On February 27,2006, the Chanhassen City Council approved a site plan for the construction ofa three-story, multi-family building containing 48 units, located northwest of the intersection of Highways 2121101 (north site). On January 24,2008, the City requested the vacation of right-of-way along old Trunk Highway l0l. A portion of the old highway occupies the westerly portion ofthe site. Development ofthe westerly portion of the site is contingent upon the Minnesota Department of Transportation (MTDOT) vacating the right-of-way. Amended Development Plan On March 10, 2008, the Chanhassen City Council approved the following: r Planned Unit Development amendment clariSing setbacks, signage, and retail building size. o Variance request to allow a 2O-foot setback from Lyman Boulevard and a 20-foot setback from Highway 101 . . Preliminary plat for Planning Case 2008-01 for Crossroads of Chanhassen. a building with an area of 8,000 square feet (Building 4D), a 5,000 square-foot bank with drive-thru window (Building 4E), a 3,400 square-foot retail building (Building 4F), and a 10,000 square-foot deli and liquor store (Building 4G). Cr{ossRu-t,\D5 (-r CrrANl TASSLN 1 a) 2 , ,d -ti'fi'a t t Seven site plans consisting ofa 5,300 square-foot convenience store with gas pumps and a 2,805 square-foot car wash (Building 4A), a multi-tenant building with an area of 1 1,000 square feet (Building 4B), a two-story multi tenant building with a first floor area of 13,800 square feet and second floor area of 15,000 square feet (Building 4C), a one-story retail E Crossroads of Chanhassen Planning Case No. 2021-14 July 12,2021 Page 5 On April 28,2008, the City Council approved a final plat to subdivide 14.9 acres into three lots and one outlot - Crossroads ofChanhassen. On July 14, 2008, the Chanhassen City Council granted final plat approval for Crossroads of Chanhassen 2il Addition creating two lots and one outlot for the area ofthe development that is being reviewed as part ofthe development proposal for the daycare. That plat was never recorded. As part of the submittal, staffdirected the applicant to conduct a ffaflic study to evaluate the trip generation and circulation ofthe site along with the impact to the intersection of Lyman Boulevard and Highway l0l. A traffic study was performed by the applicant's engineer and reviewed by the City's traffic consultant. Intemally, the site has acceptable circulation. The only extemal site issue that was discovered is at the intersection of Lyman Boulevard and Crossroads Boulevard. Access spacing guidelines for Carver County do not allow a signal at this intersection. The possibility exists that the County could someday switch the access to Crossroads Boulevard to a right-ir/right-out or block some ofthe tuming movements. On March 26, 2012, the Chanhassen City Council approved a Planned Unit Development amendment to the existing standards; Preliminary and Final Plat to subdivide 6. 15 acres into one lot and one outlot (Crossroads of Chanhassen 2nd Addition); and Site Plan Approval for construction ofa daycare facility (Primrose of Chanhassen). This request combined Buildings 4F and 4G into a single building. 4a 4C E t+ f!--] I I Crossroads of Chanhassen Planning Case N o. 2021 -1 4 ltly 12,2021 Page 6 On December 14,2020, the Chanhassen City Council approved a Planned Unit Development amendment allowing Automotive Repair shops with standards and a site plan consisting of a 5,100 square-foot automotive repair shop, Planning Case 2020-21. The applicant is requesting to subdivide the portion ofthe site occupied by Building 4D and sell it to a private business, My Salon. There will be minor changes to the layout of the site. All revisions are minor and can be processed administratively as permitted in the Zoning Ordinance, Sec. 20-108. - Exceptions. (2) 4C tT-] E a E { -/-/ I I , I II 7 4t -4, \^J 7 lE3E"i l" alll 26-/ Irv L---- I L , a Crossroads of Chanhassen Planning Case No. 2021-14 htly 12,2021 Page 7 SUBDIVISION REVIEW The applicant is requesting a metes and bounds subdivision creating two lots, establishing Parcels A and B. Parcel A is proposed to have an area of 167 ,790 square feet and Parcel B will have an area of23,618 square feet. Both parcels have access to sewer and water. There maybe minor adjustments to the property lines due to enlarging landscape islands. Staffwill work with the applicant to resolve potential lot line adjustments. This is a simple subdivision and staffis recommending approval with conditions. I !. H.:l IARCEL T ELOCK 1 -//r -_l I at STREETS AND ACCESS Vehicular access to the site is had from Crossroads Boulevard and is generally consistent with the original approved conceptual plans for the Crossroads of Chanhassen PUD. Crossroads Boulevard has intersections with Lyman Boulevard, a Carver County road, and Highway 101, I ; IPAR:EL* 0 l,-"--"L] Crossroads of Chanhassen Planning Case No. 2021-14 JluJy 12,2021 Page 8 which is govemed by MnDOT. Plans were provided to both parties for review, and any applicable comments and conditions set by Carver County and MnDOT must be addressed. DRAINAG E AND UTILTTY EASEMENTS A 10-foot public drainage and utility easement encompassing the proposed subdivision was recorded with the original plat from 2008 for Crossroads of Chanhassen. As all utilities and roads within the proposed development are privately owned and maintained and covered under cross access agreements or private easements, no additional public easements are required from the proposed development. It is recommended that the applicant verify that all private easements and cross access agreements and their subsequent conditions are adhered to prior to construction. GRADING AND DRAINAGE The first phase of the Crossroads of Chanhassen PUD completed mass grading ofthe site to achieve the relative elevations required for the site to be built-out. As such the applicant is not proposing mass grading or major alterations to existing elevations of the site. However, as improvements are installed (underground and surface stormwater facilities, installation of utilities, paving and construction of parking areas, building pads, etc.) the site will expose soils and will be required to meet all erosion control measures as addressed under "Erosion Prevention and Sediment Controf' of this report. EROSION PREVENTI ON AND SED CONTROL The applicant has not provided the total disturbed area. If the total disturbed area exceeds one (1) acre ofland disturbance, the project would be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). In addition, if the area exceeds one (1) acre ofland disturbance, a Stormwater Pollution Prevention Plan (SWPPP) would be required. Ifless than one acre, but more than 5,000 square feet, ofland disturbance is proposed, the applicant will be required to provide an erosion and sediment control plan in accordance with Sec. 19-145 ofthe Chanhassen City Code. SAI\IITARY SEWER AND WATER MAINS The developer ofthe Crossroads of Chanhassen installed private sanitary sewer, storm sewer, and water main throughout the development during the 2008 build-out ofthe PUD. The applicant is proposing to remove an existing 24" storm sewer pipe located centrally on the site as well as an existing catch basin manhole located near the northwest comer. The existing Storm sewer proposed to be removed was installed with the Crossroads of Chanhassen and appears to be due to the proposed site layout. The applicant will be required to remove the entire length of storm sewer piping connected to the proposed removed catch basin manhole as well, as a portion of the building is proposed over it. Removal ofthe storm sewer shall meet the City's Standard Specifications and Detail Plates. The applicant is proposing to service the site with 6" combined fire and domestic water service and a 6" sanitary sewer service to be connected directly to the existing 6" water and 8" sanitary stubs, respectively. Crossroads of Chanhassen Planning Case N o. 2021 -14 luly 12,2021 Page 9 As required by Ordinance, the subject development is required to pay sanitary sewer and water hookup charges. These fees are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. The 2021rates are $2,302.00/unit and $8,253.00/unit for sanitary sewer and water, respectively STO RMWATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required stormwater management development standards. Section 19-l4l states that "these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout ofsite plans, subdivisions and water management features." These standards include abstraction of I .0 inch of runoff from the new impervious surfaces created by the project and water quality treatment resulting in the removal of90% total suspended solids (TSS) and 60% total phosphorous (TP). The applicant will need to work with the Riley Purgatory Bluff Creek Watershed District (RPBCWD) and the City in order to meet all the requirements. General l. As noted by the applicant, the site triggers RPBCWD rules' Applicant should provide the RPBCWD permit when obtained. 2. The applicant must provide the total disturbed area. If over an acre, a NPDES permit and SWPPP will be required. 3. Provide rationale method storm sewer sizing calculations for proposed storm sewer to confirm storm sewer is sized for a 10-year storm event. 1 . Rate control is currently met in the 2-year, lO-year, 100-year events. The applicant must include rate control information for the l0-day, 100-year snowmelt runoff event. 2. Provide existing drainage area map to confirm HydroCAD drainage area values. 3. Change in impervious area is different between the HydroCAD model and the site development summary. Please modifu as necessary to match. Volume Control I . Based on soil borings on the project site, the applicant demonstrated that abstraction is not feasible. The Stormtech chamber system is an acceptable option in lieu of volume control. Water Qualitvl. RPBCWD requires removal of: a. 60%ofTP b. 90%ofTSS It is not clear in this submittal ifthese parameters are being met. The applicant should either provide documentation confirming pollutant removal rates from Stormtech, or model proposed filter chamber in MIDS, P8, or similar software. 2. The applicant must provide documentation from MnDOT that the 'MnDOT Brae Bum Pond' has capacity to provide water quality treatrnent for the project site. Rate Control Crossroads of Chanhassen Planning Case No. 2021-14 Jtly 12,2021 Page 10 Civil Plans l. Provide an O&M plan and agreement and outline the parties that will be responsible for o&M. 2. Provide drainage details for the stormwater chamber system. 3. Provide a site emergency overflow location to ensure the building floor does not flood if the parking lot space drains plug. 4. Provide erosion control measures in the plan set. WETLANDSAND BUFFERS There are no wetlands located on this prop€rty, and as such, no wetland delineation is required and wetland buffers would not apply on this parcel. SURFACE WATER MANAGEMENT FE ES Section 4-30 of City Code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degfadation of surface water. However, surface water management fees for this parcel were originally paid when the original Crossroads of Chanhassen subdivision was approved. The required surface water management fee at the time was $169,297.80. This amount has already been paid to the City. As such, no surface water management fee can be applied to this subdivision. PARKS AND REC REATION The applicant paid the Park Fees with the original plat. No additional fees shall be required. Minimum requirements for landscaping at the proposed development was determined with the original overall Crossroads development approval. Landscaping minimums for the lot include landscape islands, foundation and perimeter plantings. The applicant's proposed as compared to the requirements for landscape area and parking lot trees is shown in the following table. Required Proposed Islands or peninsulas/parking lot 6 islands 6 islands Trees/parking lot I 1 trees 1 I trees Crossroads Boulevard, I tree per 30 feet 3 trees 4 trees We request that the applicant address each ofthe comments above and provide a written response by restating each comment and stating how each comment was addressed and include supporting documentation. The applicant meets minimum requirements for landscaping. The interior width of two of the parking lot islands do not meet the minimum width of 10 feet. The applicant shall revise the island dimensions to meet the minimum requirements. Crossroads of Chanhassen Planning Case No. 2021-14 luly 12,2021 Page 1 I COMPLIANCE TABLE RECOMMENDATION Staff recommends that City Council adopt a resolution approving lhe metes and bounds subdivision creating two lots subject to the following conditions,; and adoption of the Findings of Fact and Decision: ENG INEERING RECOMMENDATIONS 1. The applicant shall pay the appropriate sanitary sewer and water trunk hook-up fees at the time ofbuilding permit issuance. These fees are based on the number ofSAC units assigned by the Met Council and are due at the time of building permit issuance. The 2020 rates are $2,302.00/unit and $7,974.00/unit for sanitary sewer and water, respectively. 2. The developer shall remove the entire length of storm sewer piping connected to the proposed removed catch basin manhole located on Parcel B. All removals of the storm sewer shall meet the City's Standard Specifications and Detail Plates. WATER URCES RECOMMENDATIONS 1. The applicant shall provide the approved RPBCWD permit when it is obtained. 2. The applicant shall provide the total disturbed area. If over an acre, a NPDES permit and SWPPP will be required. 3. The applicant shall provide rational method storm sewer sizing calculations for proposed storm sewer to conflrm storm sewer is sized for a l0-year storm event. 4. The applicant shall provide rate control informalion for the 10-day, 1O0-year snowmelt runoff event. 5. The applicant shall provide existing drainage area map to confirm HydroCAD drainage area values. 6. The applicant shall clarifr why there is a different change in impervious area between the HydroCAD model and the site development summary. PUD NA NA NA 20.20,0. Parcel A 167,790 93.17 138 20,20,0 Parcel B 23,618 l s1 (flag) 40 ft. at ROW 149 NA,20,0 Total 191,408 Area (square feeO Frontage (fee0 Depth (fec0 Setbacks from Lyman Boulevard, Crossroads Boulevard and Interior Propefi lines (feet) Crossroads of Chanhassen Planning Case N o. 2021 - I 4 luly 12,2021 Page 12 7. The applicant shall either provide documentation confirming 60% TP and 90% TSS removal from Stormtech, or model proposed filter chamber in MIDS, P8, or similar software. 8. The applicant shall provide documentation from MnDOT that the 'MnDOT Brae Bum Pond' has capacity to provide water quality treatment for the project site. 9. The applicant shall provide an O&M plan and agreement and outline the parties that will be responsible for O&M. 10. The applicant shall provide drainage details for the stormwater chamber system. 11. The applicant shall provide a site emergency overflow location to ensure the building floor does not flood if the parking lot space drains plug. 12. The applicant shall provide erosion control measures in the plan set. ENVIRONMENTAL RESOURCES RECOMMENDATION 1. All parking lot landscape islands shall have a minimum interior width of l0 feet PLANNING EPARTMENT RECOMMEND ATION l Findings ofFact and Decision 2. Development Review Application 3. Resolution (Metes and Bounds Subdivision) 4. Public Hearing Notice and Mailing List 5. Plans dated received June 11, 2021 6. Survey and Legal Description of Parcels A and B g:Vlan\2021 planning casesu l -14 crossroads 3rd addition meres and bounds subhtall repon.doc 1. The buildings must comply with the Planned Unit Development regulations governing the subject site (setbacks, parking, hard surface, etc.). 2. A cross parking easement shall be recorded against both newly created parcels. 3. Staffwill work with the applicant to resolve potential lot line adjustments. 4. Deeds shall be recorded at Carver County creating the new lots. ATTACHMENTS CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of Kraus-Anderson for Subdivision approval. On July 12, 2021 the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Kraus-Anderson for a metes and bounds subdivision approval to create two lots. The City Council conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The City Council heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development, PUD. 2. The property is guided in the Land Use Plan for Mixed Use. 3. The legal description of the property is: Lots 2, Block 1, Crossroads of Chanhassen, Carver County, Minnesota 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the City's Comprehensive Plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this subdivision ordinance; e. The proposed subdivision will not cause environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate stormwater drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. 5. The planning report #2021-14 dated July 12, 2021, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. DECISION The City Council approves the metes and bounds subdivision creating two lots. ADOPTED by the Chanhassen City Council this 12th day of July, 2021. CHANHASSEN CITY COUNCIL BY:___________________________________ Elise Ryan, Mayor COMMUNITY DEVELOPMENT DEPARTMENT Planning Division – 7700 Market Boulevard Mailing Address – P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1100 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date: CC Date: 60-Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment ......................... $600 Minor MUSA line for failing on-site sewers ..... $100 Conditional Use Permit (CUP) Single-Family Residence ................................ $325 All Others......................................................... $425 Interim Use Permit (IUP) In conjunction with Single-Family Residence .. $325 All Others......................................................... $425 Rezoning (REZ) Planned Unit Development (PUD) .................. $750 Minor Amendment to existing PUD ................. $100 All Others......................................................... $500 Sign Plan Review ................................................... $150 Site Plan Review (SPR) Administrative .................................................. $100 Commercial/Industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area: (______ thousand square feet) *Include number of existing employees: __________ *Include number of new employees: __________ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_____ units) Subdivision (SUB) Create 3 lots or less ........................................ $300 Create over 3 lots ....................... $600 + $15 per lot (_____ lots) Metes & Bounds (2 lots) .................................. $300 Consolidate Lots .............................................. $150 Lot Line Adjustment ......................................... $150 Final Plat .......................................................... $700 (Includes $450 escrow for attorney costs)* *Additional escrow m ay be required for other applications through the development contract. Vacation of Easements/Right-of-way (VAC) ........ $300 (Additional recording fees may apply) Variance (VAR) .................................................... $200 Wetland Alteration Permit (WAP) Single-Family Residence ............................... $150 All Others ....................................................... $275 Zoning Appeal ...................................................... $100 Zoning Ordinance Amendment (ZOA) ................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Notification Sign (City to install and remove) ...................................................................................................................... $200 Property Owners’ List within 500’ (City to generate after pre-application meeting) .................................................. $3 per address (____ addresses) Escrow for Recording Documents (check all that apply) ....................................................................... $50 per document Interim Use Permit Variance Site Plan Agreement Wetland Alteration Permit Deeds Conditional Use Permit Vacation Metes & Bounds Subdivision (3 docs.) Easements (____ easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: Parcel #: Legal Description: Total Acreage: Wetlands Present? Yes No Present Zoning: Requested Zoning: Present Land Use Designation: Requested Land Use Designation: Existing Use of Property: Check box if separate narrative is attached. 4 4 4 4 4 53 4 4 4 $859.00 With this development application, we are creating a new parcel to sell. The intent for the balance of the development is to conform to the PUD requirements. Crossroads of Chanhassen - Crossroads Blvd and Lyman Blvd Parcel 1 Crossroads of Chanhassen Lot 2 Block 1 4.39 4 Planned Unit Development (PUD)Planned Unit Development (PUD) Commercial Commercial Retail and vacant pad ready land Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: Property Owner Via: Email Mailed Paper Copy Name: Applicant Via: Email Mailed Paper Copy Address: Engineer Via: Email Mailed Paper Copy City/State/Zip: Other* Via: Email Mailed Paper Copy Email: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. Kraus-Anderson Inc. 501 South 8th Street Minneapolis, MN 55404-1030 erica.arne@krausanderson.com Erica Arne (612) 255-2326 Erica Arne Digitally signed by Erica Arne DN: cn=Erica Arne, o=Kraus-Anderson Development Co, ou=Director, Development, email=erica.arne@krausanderson.com, c=US Date: 2021.06.10 12:39:16 -05'00'6/10/21 Westwood 12701 Whitewater Drive Minnetonka, MN 55343 david.bade@westwoodps.com David Bade (952) 697-5724 4 4 4 4 SAVE FORM PRINT FORM SUBMIT FORM CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 12, 2021 RESOLUTION NO: 2021- MOTION BY: SECONDED BY: A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF LOT 2, BLOCK 1, CROSSROADS OF CHANHASSEN KRAUS-ANDERSON WHEREAS, Kraus-Anderson has requested a metes and bounds subdivision of property into two parcels of 167,790 square feet and 23,618 square; and WHEREAS, the property was previously subdivided on April 28, 2008 as Crossroads of Chanhassen; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the metes and bounds subdivision separating Lot 2, Block 1, Crossroads of Chanhassen into separate lots subject to the following conditions and adoption of the Findings of Fact and Decision: ENGINEERING RECOMMENDATIONS 1. The applicant shall pay the appropriate sanitary sewer and water trunk hook-up fees at the time of building permit issuance. These fees are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. The 2020 rates are $2,302.00/unit and $7,974.00/unit for sanitary sewer and water, respectively. 2. The developer shall remove the entire length of storm sewer piping connected to the proposed removed catch basin manhole located on Parcel B. All removals of the storm sewer shall meet the City’s Standard Specifications and Detail Plates. WATER RESOURCES RECOMMENDATIONS 1. The applicant shall provide the approved RPBCWD permit when it is obtained. 2. The applicant shall provide the total disturbed area. If over an acre, a NPDES permit and SWPPP will be required. 3. The applicant shall provide rationale method storm sewer sizing calculations for proposed storm sewer to confirm storm sewer is sized for a 10-year storm event. 4. The applicant shall provide rate control information for the 10-day, 100-year snowmelt runoff event. 5. The applicant shall provide existing drainage area map to confirm HydroCAD drainage area values. 6. The applicant shall clarify why there is a different change in impervious area between the HydroCAD model and the site development summary. 7. The applicant shall either provide documentation confirming 60% TP and 90% TSS removal from Stormtech, or model proposed filter chamber in MIDS, P8, or similar software. 8. The applicant shall provide documentation from MnDOT that the ‘MnDOT Brae Burn Pond’ has capacity to provide water quality treatment for the project site. 9. The applicant shall provide an O&M plan and agreement and outline the parties that will be responsible for O&M. 10. The applicant shall provide drainage details for the stormwater chamber system. 11. The applicant shall provide a site emergency overflow location to ensure the building floor does not flood if the parking lot space drains plug. 12. The applicant shall provide erosion control measures in the plan set. ENVIRONMENTAL RESOURCES RECOMMENDATION 1. All parking lot landscaped islands shall have a minimum interior width of 10 feet. PLANNING DEPARTMENT RECOMMENDATION 1. The buildings must comply with the Planned Unit Development regulations governing the subject site (setbacks, parking, hard surface, etc.). 2. A cross parking easement shall be recorded against both newly created parcels. 3. Staff will work with the applicant to resolve potential lot line adjustments. 4. Deeds shall be recorded at Carver County creating the new lots. Passed and adopted by the Chanhassen City Council this 12th day of July 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT g:\plan\2021 planning cases\21-14 crossroads 3rd addition metes and bounds sub\resolution metes and bounds.docx CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COUNTYOFCARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on Juty 1,2021, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to consider a request for approval ofa metes and bounds subdivision of4.39 acres into two tots at 8971 Crossroads Boulevard, Planning Case No.202l-14' zoned Planned Unit Development (PUD), to the persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropri records. eu , Deputy Cl Subscribed and swom to before me thisl(F day of'. l.e.c-;,2021. (Seal) N otary Public JEAI.IM SIECKLIT'IG ihaary Rnb.*fit 1606ry*rEr!t!.8a Kim T. (TAX_NAMED <TAX-AD D_L,I I <TAX ADD L2tr (Next Record)r(TAX_NAMET <TAX-ADD-LItr (TAX ADD L2D Diaclaimer This map is neither a legally reco.ded map nor a suNey and is not intended to be used as one. This map is a @mpilation of records, intormation and data located an various city. county, state and federaloffces and other sources regarding the area shown, and is to be used for reference purposes only. The Caty does not war.anl that lhe Geographic lnformatlon System (GlS) Data used to p.epare lhis map are enor f.ee, and lhe City does not represent lhal the GIS Data can be used for navigational, facking or any other purpose requiring exactjng measurement of distance or directaon or p@cision in the depiction of geoqraphic features. The preceding disclaimer is provided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of lhis map acknowledges that the Crty shall not be liable for any damages. and expressly waives all claims. and agrees to defend, indemnify, and hold hamless the City from any and alldaims broughl by user, ils employees or agents, or third parties which arise out of the users access or us€ of data provided. Subiect Parcel E a I H'1. i' I tot Subiect Parcel B DbclainEl This map is neiher a legally recorded map nor a survey and is not intendecl to be used as one This map as a @mpilation of records, anformaton and data located in various city, counly, state and federalofnces and other sources regarding the area 3hown, and is to be used for relerence purposes only The City does nol wanant that the Geogrephic lnformat on System (GlS) Oata used io prepare tl s map are eror free, and the City does not .epresent that lhe GIS Data can be used for navigational tracking or any other plrpose requidng exacting measurement ol distance ol direction or preosion in the depiction ot geographic Eatures The preceding disdaimer is provided pursuant to Minnesota Statutqs 5466.03. Subd. 21 (2000). and the user of lilis map acknowledoes that the City shall not be liable for any (hmages. and expressly waives all daims, and agrees to deEnd, indemnify, and hold harmless the Crty from any aM all daams &ought by user, its employees or agents. or thard panres shich adse out of the useis access or use of data provicled. t:---_] ! I 10t E ! >! o9 9: .9! FP Ee oooorr-E o6-+NTo-NP ry >..:(E o) E= >= E (o o 6 ooF-t- .J; o-o Eo .4, O oc5o() o- t-o cqr)!ocol:tcoc-o(o-o o_Eo'- il) d)= (DN ([6 Oo o.zie d-!*a€3;6oro 5i(L EiE sEe{Dl,O.p;-9a; dtEx>o= c)o lna o5 c.o n)Ec 11) f(! Y o P o o ='t,oa;6a dE6iaFEv(5129o.6qaEo- 6C:-Sr-6o)-@< 9a =0)-oa= -C- ao -:] ; a* e,= I A e:ig EE=AiaiE i9e't 3E;s;E-E! 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I (.:,9 (J9(99(,(9 (,99(9(,(, 3; A 665*- ---I- =H=iHijji=)d:J)i=- -A*I!=E.EEEiEEEEEE3EEE:::EgEEqEEEEEE9EEEEEEJ,c I E F = E E H 3 3 E t 'g "a "e "g'a A fi "g "a e e Z - - - r r r r r r - r ., E r r - r - e:; x fr 3E E t = = =: c c c c r r r r r r = = = i; e E; i E a d i E: E A $ E;Ex 6 ii iri i6 6 o 16 o, ro F- 6 ,n .o e a e 6 4 q, {r .n H d - S 3 H S I S S g n h S 6 3 3 b 3 E S<a\naaQaaeenioa{6I^(oN6ototaoririiriirioidddoioioi oi6 6 o oroi olt drF lr rr 6t rn in !r) ral^ \o @ F\ r'\ r'\ r,- F\ i\ F.6 o60 @@.o 6 ao a0& aO.o - .d- 6 6 6qi 6.d E>32 E = Gx ,i= = "g24 EE is =bd=i :i =EuEE;;EgEEEi;iEE*ErEEiEE*iEE= =EEiEEEEEE=i 88Bra9E5=EE9 =iri.6==6?Ei22e==rletiriz245r- E # z Y c;; Eu=i=F= =EfrBr8h=EE Efr 2Acn" I ,#a= <A>9z;g oa 6z BC6@@@6@(oro(D(D(oro(o(D P 6 N P O \O Co .\l <tr t' 5 (! ilEeee=:e:E:ec-iia.--=iFrFr-;EEEgE€E€'€ SEEEnsEeqaE4<<<FF<E<F<2c--_ooEoEo=;;l!'o!l!!'ol =ooo o o o<mrr '(-eeooo o o oooo o o o_o '!, 'E 'O '9 'D 6aoaa6@@@6@@ \.J ! \r \J \,r -.JNPOroca!orL 5u) ooooooooooccccccC:ccc--{ --{ --t --t J -.{ --l --l --{ J -IIIIII--I€€€{€€€=€€ <<ss<<s<<s EEEEEEFEEEin6)6loo6roo6)6) 5555665565aiooooooooo!!'E'0_9! o o I o -(,6.).)6a)a)(.1ala1 .t>>_rrrr:ra--rI 4=2222222222!]-TII-III-II *;=i^atlnlAa6 <--zzz2zzzzzz 'd\ \r1 zzzz2ZZZZZ99uu''ii-(rrru(,r(rt e '1" e ts ..1 ! ..J .{..J99&',d. &'& d. =6 @6ao@ \D(o (,(,l(,!(r !!\l"Jan <h or or dr or or (h 600000000c)ocl6@ooooooPoHo irocjoc)ooooooo N:\0015032.00\DWG\CIVIL\0015032CV.DWG CHANHASSEN RETAIL © 2021 Westwood Professional Services, Inc.BENCHMARKSBM-1XXXXXXXXBM-2XXXXXXXXBM-3XXXXXXXXBM-4XXXXXXXXSHEET INDEXPRELIMINARY PLANSCHANHASSEN RETAILCHANHASSEN, MNPREPARED FOR:KRAUS-ANDERSON REALTY COMPANY501 SOUTH 8TH STMINNEAPOLIS, MN 55404CONTACT: ERICA ARNEPHONE: 952-948-9379EMAIL: EARNE@KAREALTY.COMSITEVicinity Map(NOT TO SCALE)SHEETSREVISIONDATENO.....................FORFOREXISTING CONDITIONS, SITE, GRADING,EROSION CONTROL, UTILITIES, AND LANDSCAPEPREPARED BY:PROJECT NUMBER: 0015032.00CONTACT: DAVID T. BADEPhone(952) 937-515012701 Whitewater Drive, Suite #300Fax(952) 937-5822Minnetonka, MN 55343Toll Free(888) 937-5150PRELIMINARY PLANSCHANHASSEN RETAILCHANHASSEN, MNFORFOREXISTING CONDITIONS, SITE, GRADING, EROSIONCONTROL, UTILITIES, AND LANDSCAPEINITIAL SUBMITTAL DATE: 06/10/2021SHEET: C001 OF XXPROJECT NUMBER: 0015032.00Sheet List TableSheet NumberSheet TitleC001COVERC100EXISTING CONDITIONS AND REMOVALS PLANC200SITE PLANC300GRADING PLANC500UTILITY PLANL100LANDSCAPE PLANL101LANDSCAPE DETAILS 200203SEEESTSSTUGTUGPUG PUGPUGPUG PUG PUG PUG PUG PUG PUGFOFOFOFOFOFOFOFOFO FOGASGASGASGASGASGASGASGASGAS GAS STOSANSANSANSANSANSANSANSANSAN FO FO FO FOFOFO FO FO FOFO∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆DRAINAGE &UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTACCESS CONTROL PERMNDOT ROW PLAT NO. 10-17UTILITY EASEMENT PERDOC. NO. A49003710.0010.0010.00 10.00 10.0010.00LOT 2BLOCK 169 STALLSXSPRINKLERCONTROLBOXSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTO STO STO STO STO STO STO STO STO STOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN SANSANSANSANSANSANSANSANSSSSSSANSANSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASWATWATWATWATWATWATWATWATWATWATWAT PUG PUGPUG PUG PUG PUG PUG PUGPUGPUGFOFOFOFOFOFOFOFOFOFOFOFOFO FOFO FOFOFOCTVCTVCTVCTVCTV CTV CTV CTV CTV CTVCTVCTVCTVCTVWATWATWATWATWATWATWATWATWATWATWAT WAT WAT WAT WATTSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTST WATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATTEETEESTOSEXISTING BUILDING EXISTINGBUILDINGMISC. STUBABOVE GROUNDTRASHENCLOSURESANSANSANSANSANSANSAN MHRE=924.86IE=913.90 (PER PLAN)SAN MHRE=925.04IE=912.90 (PER PLAN)WATWATWATSTMHRE=922.19IE=915.44 (PER PLAN)CBMHRE=920.69IE=915.60CBMHRE=921.79IE=917.39 (PERPLAN)RE=923.43WATSAN MHRE=922.89IE=911.86STOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTO STWATWATWATWATWATWATWAT WAT WAT WAT WAT WAT WAT WAT WATWATWATWATWATWATWATWATWATWATSANSANSANSANSANSANSAN SAN SAN SAN SAN SAN SANSANSTOSTOSTOSTOSTOSTOSAN CBMHRE=921.73IE=916.72CBMHRE=922.45IE=918.40 (PER PLAN)STMHRE=923.50IE=918.50 (PER PLAN)SSSSAN MHRE=924.70IE=914.90 (PER PLAN)SAN MHRE=924.50IE=915.50 (PER PLAN)SAN MHRE=925.00IE=916.20 (PER PLAN)EX. 8" SANITARY SEWEREX. 8" SANITARY SEWEREX. 8" SANITARY SEWER EX. 8" SANITARY SEWER EX. 4" SANITARY SEWER6" SAN STUBIE=915.40 (PER PLAN)EX. 8" SANITARY SEWER@ 7.12% (PER PLAN)6" WMWITH PLUGEX. 10" WATERMAINEX. 10" WATERMAINEX. 10" WATERMAIN EX. 10" WATERMAINSAN MHRE=922.23IE=910.54SAN MHRE=923.09IE=912.16EX. 12" STM (PER PLAN)EX. 24" STMEX. 27" STMEX. 15" STMEX. 12" PVC EX. 12" PVCEX. 15" STMEX. 24" STM925923923924 924 921922923924925924924925 92292 3\\\\\\\\\\\\\\\\\\\\\\XABBBCDDEEFFFFGGGGHJSHEET NUMBER:DATE:DATE:LICENSE NO. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA PREPARED FOR: Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS: N:\0015032.00\DWG\CIVIL\0015032EX.DWG 06/10/2021CHANHASSEN RETAILC100 CHANHASSEN, MN CHANHASSEN RETAIL EXISTING CONDITIONS AND REMOVALS PLAN .06/10/2021 DAVID T. BADE 501 SOUTH 8TH ST MINNEAPOLIS, MN 55404 KRAUS-ANDERSON REALTY COMPANY . . . 06/10/2021NOT FOR CONSTRUCTION© 2021 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.com0'30'60'90'1" = 30'. . . . . . . . . . 30' 6' or 3'PROJECT NUMBER: 0015032.00PROPERTY LINE\\\\\\CURB & GUTTERAPPROXIMATE LIMIT OF DISTURBANCESANSANITARY SEWERWATWATER MAINSTOSTORM SEWERCONCRETEBITUMINOUSTREELIGHT POLETRAFFIC SIGNEXISTINGPROPOSEDSANWATSTOCONSTRUCTION BARRICADEWATHYDRANTWATGASGASGASPUGUNDERGROUND ELECTRICPUGTUGUNDERGROUND TELEPHONETUGPOHOVERHEAD ELECTRICPOHTOHOVERHEAD TELEPHONETOHFOTELEPHONE FIBER OPTICFOCTVCABLE TELEVISIONCTVRETAINING WALLFENCEXSOIL BORING LOCATIONSB-19XEXISTINGREMOVALS\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\REMOVAL LEGEND1.LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THISPLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITYLOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIEDIMMEDIATELY IF ANY DISCREPANCIES ARE FOUND.2.CONTRACTOR SHALL COORDINATE LIMITS OF REMOVALS WITH PROPOSED IMPROVEMENTSAND FIELD VERIFY CONDITION OF EXISTING APPURTENANCES TO REMAIN. CONTRACTORSHALL BE RESPONSIBLE FOR PROTECTING OR REPLACING MISCELLANEOUS ITEMS (SUCH ASFENCES, SIGNS, IRRIGATION HEADS, ETC.) THAT MAY BE DAMAGED BY CONSTRUCTION.3.CONTRACTOR SHALL PLACE ALL NECESSARY EROSION CONTROL MEASURES REQUIRED TOMAINTAIN SITE STABILITY PRIOR TO EXECUTING ANY SITE REMOVALS.4.CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION WITH UTILITY PROVIDERS FORREMOVAL AND/OR RELOCATION OF EXISTING UTILITIES AFFECTED BY SITE DEVELOPMENT. ALLPERMITS, APPLICATIONS AND FEES ARE THE RESPONSIBILITY OF THE CONTRACTOR.REMOVAL NOTESSSX*XXXGRAVELA.REMOVE STORM SEWERB.EXISTING STORM SEWER TO REMAINC.REMOVE STORM STRUCTURED.EXISTING STORM STRUCTURE TO REMAINE.REMOVE GRAVELF.EXISTING BITUMINOUS TO REMAING.EXISTING CURB TO REMAINH.REMOVE AND RELOCATE HYDRANTJ.APPROXIMATE LIMIT OF DISTURBANCEREMOVAL KEYNOTES FUTURE BUILDING15,000 SF75 STALLS REQ'D(5/1000)PROPOSED BUILDING6,652 SFFFE=924.2069 STALLS33 STALLSLOT AREA = 23,618 SFXXX XX 203∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆X15728283231271899'25'18'30'30'17.4'9'9'6'1520'2525251111111R5'R5'R5'R3'R3'R10'22110.3'9'18'9'18'130'1413.7'22.5'26'2581241010SHEET NUMBER:DATE:DATE:LICENSE NO. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA PREPARED FOR: Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS: N:\0015032.00\DWG\CIVIL\0015032SP.DWG 06/10/2021CHANHASSEN RETAILC200 CHANHASSEN, MN CHANHASSEN RETAILSITE PLAN .06/10/2021 DAVID T. BADE 501 SOUTH 8TH ST MINNEAPOLIS, MN 55404 KRAUS-ANDERSON REALTY COMPANY . . . 06/10/2021NOT FOR CONSTRUCTION© 2021 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.com0'30'60'90'1" = 30'. . . . . . . . . . 30' 6' or 3'PROJECT NUMBER: 0015032.001 B612 CURB AND GUTTER2FLUSH CURB AND GUTTER8PRIVATE CONCRETE SIDEWALK10PRIVATE PARALLEL PEDESTRIAN CURB RAMP14SIGN INSTALLATION15HANDICAP ACCESSIBLE SIGNAGE AND STRIPING18BOLLARD19PAVEMENT SECTIONS21HEAVY DUTY CONCRETE SECTION24CONCRETE CURB AT SIDEWALK25CURB CUT WITH EROSION CONTROL MAT1·ZONING:PUD - PLANNED UNIT DEVELOPMENT·PARCEL DESCRIPTION:LOT 2, BLOCK 1, CROSSROADS OFCHANHASSEN, CARVER COUNTY, MINNESOTA.·OVERALL PROPERTY AREA:191,408 SF (4.39 AC)·NEW PARCEL AREA:23,618 SF (0.54 AC) EXISTING·PERVIOUS SURFACE:107,313 SF (56.07%)·IMPERVIOUS SURFACE(RATIO):84,095 SF (43.93%) PROPOSED·PERVIOUS SURFACE:80,075 SF (41.83%)·IMPERVIOUS SURFACE(RATIO):111,333 SF (58.17%)·BUILDING GROSS SIZE:6,652 SF·PARKING SPACE/DRIVE AISLE:9' WIDE X 18' LONG, 26' AISLE·TOTAL PUD PARKING PROVIDED:304 - SEE PARKING CALCULATIONSSITE DETAILS (SI-0XX)SITE DEVELOPMENT SUMMARY1.BACKGROUND INFORMATION FOR THIS PROJECT PROVIDED BY WESTWOOD PROFESSIONALSERVICES, MINNETONKA, MN.2.LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THISPLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITYLOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES ARE FOUND, THEENGINEER SHOULD BE NOTIFIED IMMEDIATELY.3.REFER TO BOUNDARY SURVEY FOR LOT BEARINGS, DIMENSIONS AND AREAS.4.ALL DIMENSIONS ARE TO FACE OF CURB OR EXTERIOR FACE OF BUILDING UNLESS OTHERWISENOTED.5.REFER TO ARCHITECTURAL PLANS FOR EXACT BUILDING DIMENSIONS AND LOCATIONS OFEXITS, RAMPS, AND TRUCK DOCKS.6.ALL CURB RADII ARE SHALL BE 4.0 FEET (TO FACE OF CURB) UNLESS OTHERWISE NOTED.7.ALL CURB AND GUTTER SHALL BE B612 UNLESS OTHERWISE NOTED.8.THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFICCONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGGERSAND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OFTHESE DEVICES SHALL BE APPROVED BY THE CITY AND ENGINEER PRIOR TO PLACEMENT.TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MNDOT STANDARDS.9.BITUMINOUS PAVEMENT AND CONCRETE SECTIONS TO BE IN ACCORDANCE WITH THERECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER.10.CONTRACTOR SHALL MAINTAIN FULL ACCESS TO ADJACENT PROPERTIES DURINGCONSTRUCTION AND TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TOADJACENT PROPERTIES.11.SITE LIGHTING SHOWN ON PLAN IS FOR REFERENCE ONLY. REFER TO LIGHTING PLAN PREPAREDBY OTHERS FOR SITE LIGHTING DETAILS AND PHOTOMETRICS.GENERAL SITE NOTESPROPERTY LINESETBACK LINEEASEMENT LINECURB AND GUTTERLOT LINEPOND NORMAL WATER LEVELRETAINING WALLCONCRETE PAVEMENTNUMBER OF PARKING STALLSTRANSFORMERSITE LIGHTINGEXISTINGPROPOSEDFENCEXXHEAVY DUTY BITUMINOUS PAVEMENTNORMAL DUTY BITUMINOUS PAVEMENTTRAFFIC SIGNPOWER POLEBOLLARD / POSTCONCRETE SIDEWALKTIP-OUT CURB AND GUTTERSITE LEGEND5T FUTURE BUILDING15,000 SF75 STALLS REQ'D(5/1000)PROPOSED BUILDING6,652 SFFFE=924.2069 STALLSXXX XX 203STSTO∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆69 STALLSXSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTO STO STO STO STO STO STO STO STO STOSTOSTOSTOSTOSTOSTOSTO STO STO STO STO STO STO STO STO STO STO STO STOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTO STOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTMHRE=922.19IE=915.44 (PER PLAN)CBMHRE=920.69IE=915.60CBMHRE=921.79IE=917.39 (PERPLAN)STOSTOSTOSTOSTOSTOSTOSTOSTOSTO STSTOSTOSTOSTOSTOSTOCBMHRE=921.73IE=916.72STMHRE=923.50IE=918.50 (PER PLAN)EX. 12" STM (PER PLAN)EX. 27" STMEX. 15" STMEX. 12" PVC EX. 12" PVCEX. 15" STMEX. 24" STM925923923924924 921922923924925924924925 922923921.00921.00921.00921.75922.12922.63922.83923.55923.35922.87923.14924.29924.55924.61922.13924.03923.63923.95921.70921.82922.85922.63922.43923.53922923924923924 923923923923 922922922923924923924924.00924.20923.80924.20924.20924.20923.82923.05922.85922.85922.92922.72922.65923.16922.62924.09923.06924.20923.23923.64SHEET NUMBER:DATE:DATE:LICENSE NO. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA PREPARED FOR: Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS: N:\0015032.00\DWG\CIVIL\0015032GD.DWG 06/10/2021CHANHASSEN RETAILC300 CHANHASSEN, MN CHANHASSEN RETAILGRADING PLAN .06/10/2021 DAVID T. BADE 501 SOUTH 8TH ST MINNEAPOLIS, MN 55404 KRAUS-ANDERSON REALTY COMPANY . . . 06/10/2021NOT FOR CONSTRUCTION© 2021 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.com0'30'60'90'1" = 30'. . . . . . . . . . 30' 6' or 3'PROJECT NUMBER: 0015032.00PROPERTY LINE982980POND NORMAL WATER LEVELRIDGE LINETOP AND BOTTOM OF RETAINING WALLEMERGENCY OVERFLOWSB-19SOIL BORING LOCATIONSTOSTORM SEWERDRAIN TILEWATER MAINSANITARY SEWEREXISTINGPROPOSEDINDEX CONTOURINTERVAL CONTOUR982980WATSANSPOT ELEVATIONFLOW DIRECTIONSB-19RETAINING WALLGRADING LIMITSGLCURB AND GUTTERFLARED END SECTION (WITH RIPRAP)GRADING LEGEND1.LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND UTILITIES AS SHOWN ON THISPLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY SITE CONDITIONS AND UTILITYLOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIEDIMMEDIATELY IF ANY DISCREPANCIES ARE FOUND.2.CONTRACTORS SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS ANDDIMENSIONS OF VESTIBULE, SLOPED PAVEMENT, EXIT PORCHES, RAMPS, TRUCK DOCKS, PRECISEBUILDING DIMENSIONS, EXACT BUILDING UTILITY ENTRANCE LOCATIONS, AND EXACTLOCATIONS AND NUMBER OF DOWNSPOUTS.3.ALL EXCAVATION SHALL BE IN ACCORDANCE WITH THE CURRENT EDITION OF "STANDARDSPECIFICATIONS FOR TRENCH EXCAVATION AND BACKFILL/SURFACE RESTORATION" ASPREPARED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA.4.ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE SIX INCHES OF TOPSOIL AND SOD OR SEED.THESE AREAS SHALL BE WATERED UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. SEELANDSCAPE PLAN FOR PLANTING AND TURF ESTABLISHMENT.5.THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFICCONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMENAND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. PLACEMENT OFTHESE DEVICES SHALL BE APPROVED BY THE ENGINEER PRIOR TO PLACEMENT. TRAFFICCONTROL DEVICES SHALL CONFORM TO APPROPRIATE MNDOT STANDARDS.6.ALL SLOPES SHALL BE GRADED TO 3:1 OR FLATTER, UNLESS OTHERWISE INDICATED ON THISSHEET.7.CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OF GRADING AND PROVIDE ASMOOTH FINISHED SURFACE WITH UNIFORM SLOPES BETWEEN POINTS WHERE ELEVATIONSARE SHOWN OR BETWEEN SUCH POINTS AND EXISTING GRADES.8.SPOT ELEVATIONS SHOWN INDICATE FINISHED PAVEMENT ELEVATIONS & GUTTER FLOWLINE UNLESS OTHERWISE NOTED. PROPOSED CONTOURS ARE TO FINISHED SURFACEGRADE.9.SEE SOILS REPORT FOR PAVEMENT THICKNESSES AND HOLD DOWNS.10.CONTRACTOR SHALL DISPOSE OF ANY EXCESS SOIL MATERIAL THAT EXISTS AFTER THE SITEGRADING AND UTILITY CONSTRUCTION IS COMPLETED. THE CONTRACTOR SHALL DISPOSE OFALL EXCESS SOIL MATERIAL IN A MANNER ACCEPTABLE TO THE OWNER AND THE REGULATINGAGENCIES.11.CONTRACTOR SHALL PROVIDE A STRUCTURAL RETAINING WALL DESIGN CERTIFIED BY ALICENSED PROFESSIONAL ENGINEER.12.ALL CONSTRUCTION SHALL CONFORM TO LOCAL, STATE AND FEDERAL RULES INCLUDING THENATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS.13.PRIOR TO PLACEMENT OF ANY STRUCTURE OR PAVEMENT, A PROOF ROLL, AT MINIMUM, WILLBE REQUIRED ON THE SUBGRADE. PROOF ROLLING SHALL BE ACCOMPLISHED BY MAKINGMINIMUM OF 2 COMPLETE PASSES WITH FULLY-LOADED TANDEM-AXLE DUMP TRUCK, ORAPPROVED EQUAL, IN EACH OF 2 PERPENDICULAR DIRECTIONS WHILE UNDER SUPERVISIONAND DIRECTION OF THE INDEPENDENT TESTING LABORATORY. AREAS OF FAILURE SHALL BEEXCAVATED AND RE-COMPACTED AS SPECIFIED HEREIN.14.EMBANKMENT MATERIAL PLACED BENEATH BUILDINGS AND STREET OR PARKING AREAS SHALLBE COMPACTED IN ACCORDANCE WITH THE SPECIFIED DENSITY METHOD AS OUTLINED INMNDOT 2105.3F1 AND THE REQUIREMENTS OF THE GEOTECHNICAL ENGINEER.15.EMBANKMENT MATERIAL NOT PLACED IN THE BUILDING PAD, STREETS OR PARKING AREA,SHALL BE COMPACTED IN ACCORDANCE WITH REQUIREMENTS OF THE ORDINARYCOMPACTION METHOD AS OUTLINED IN MNDOT 2105.3F2.16.ALL SOILS AND MATERIALS TESTING SHALL BE COMPLETED BY AN INDEPENDENTGEOTECHNICAL ENGINEER. EXCAVATION FOR THE PURPOSE OF REMOVING UNSTABLE ORUNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE GEOTECHNICAL ENGINEER. THECONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOILS TESTS ANDINSPECTIONS WITH THE GEOTECHNICAL ENGINEER.1.BASIN EXCAVATION AND PIPE INSTALLATION MAY TAKE PLACE BEFORE CURB INSTALLATION.ALL OTHER BASIN CONSTRUCTION MUST WAIT UNTIL FINAL SITE LANDSCAPING. REMOVESEDIMENT FROM EXCAVATED BASIN PRIOR TO PLACEMENT OF FILTER MEDIA. PLACE SANDBAGS OR SIMILAR ITEM IN CURB CUTS TO PRE-FILTER STORM WATER UNTIL PLANTS AREESTABLISHED IN BASINS. MAINTAIN INLET PROTECTION ON DOWN STREAM INLETS UNTILBASINS ARE ON-LINE.2.BASIN EXCAVATION SHALL BE WITH TOOTHED-BUCKETS TO SCARIFY THE BOTTOM.3.PLACE SILT FENCE AROUND BASINS AS SHOWN IMMEDIATELY AFTER BASIN CONSTRUCTION.4.BASINS MUST BE TESTED FOR INFILTRATION RATE AFTER TOTAL SITE STABILIZATION. A DUALRING INFILTROMETER SHALL BE USED FOR TESTING. MINIMUM INFILTRATION RATE IS 1-INCHPER HOUR. IF BASIN DOES NOT MEET INFILTRATION RATE, CONTRACTOR MUST TAKECORRECTIVE ACTION UNTIL MINIMUM INFILTRATION RATE IS MET. CORRECTIVE ACTION MAYINCLUDE REMOVING PLUG IN DRAIN TILE. ALL TESTING AND CORRECTIVE ACTION SHALL BETHE RESPONSIBILITY OF THE CONTRACTOR, AND SHALL BE INCIDENTAL TO THE CONTRACT,WITH NO DIRECT COMPENSATION MADE.GRADING NOTESFILTRATION/INFILTRATION BASIN NOTES0.00%900.00900.00TW=XXX.XXBW=XXX.XXE.O.F. FUTURE BUILDING15,000 SF75 STALLS REQ'D(5/1000)PROPOSED BUILDING6,652 SFFFE=924.20XXX XX 203SSTSSSTOSANSANSANSANSANSANSANSANSAN ∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆XSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTO STO STO STO STO STO STO STO STO STOSTOSTOSTOSTOSTOSTOSTO STO STO STO STO STO STO STO STO STO STO STO STOSTOSTOSTOSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN SANSANSANSSSSSSANSANSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSWATWATWATWATWATWATWATWATWATWAT WATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATSTOSSANSANSANSANSANSAN MHRE=924.86IE=913.90 (PER PLAN)SAN MHRE=925.04IE=912.90 (PER PLAN)WATWATWATSTMHRE=922.19IE=915.44 (PER PLAN)CBMHRE=920.69IE=915.60CBMHRE=921.79IE=917.39 (PERPLAN)WATSAN MHRE=922.89IE=911.86STOSTOSTOSTOSTOSTOSTOSTOSTOSTO STWATWATWATWATWATWATWAT WAT WAT WAT WAT WAT WAT WAT WATWATWATWATWATWATWATWATWATWATSANSANSANSANSANSANSAN SAN SAN SAN SAN SAN SANSANSTOSTOSTOSTOSTOSTOSAN CBMHRE=921.73IE=916.72STMHRE=923.50IE=918.50 (PER PLAN)SSSSAN MHRE=924.70IE=914.90 (PER PLAN)SAN MHRE=924.50IE=915.50 (PER PLAN)SAN MHRE=925.00IE=916.20 (PER PLAN)EX. 8" SANITARY SEWEREX. 8" SANITARY SEWEREX. 8" SANITARY SEWER EX. 8" SANITARY SEWER EX. 4" SANITARY SEWER6" SAN STUBIE=915.40 (PER PLAN)EX. 8" SANITARY SEWER@ 7.12% (PER PLAN)6" WMWITH PLUGEX. 10" WATERMAINEX. 10" WATERMAINEX. 10" WATERMAIN EX. 10" WATERMAINSAN MHRE=922.23IE=910.54SAN MHRE=923.09IE=912.16EX. 12" STM (PER PLAN)EX. 27" STMEX. 15" STMEX. 12" PVC EX. 12" PVCEX. 15" STMEX. 24" STMCONNECT TOEXISTING SAN STUBIE=915.40 (PER PLAN)CONNECT TO EXISTING6" WM STUBREMOVE ANDRELOCATE HYDRANT.CONNECT TO EXISTING6" WM STUB6" SAN STUBIE=917.206" WM SERVICE -COMBINED FIRE &DOMESTIC93 LF - 6" SANSEWER @ 2.9%93 LF - 6" WM75 LF - 6" WMRELOCATED HYD & GV131 LF - 24" STM @ 0.65%36 LF - 24" STM @ 0.65%STMH 101RE=922.52IE=915.87STMH 100RE=922.77IE(W)=916.00IE(E&N)=915.64CONNECT TO EX. CBMHIE=916.7248 LF - 12" STM@ 1.04%75'x26' STORMTECH SC=740CHAMBER SYSTEMVOLUME = 4023 CFBTM ROCK= 917.0038 LF - 12" STM@ 1.32%STM 200STORM FILTER TREATMENT DEVICERE=922.78IE(E)=916.24IE(S)= 917.45STMH 201RE=922.94IE(N)=917.50IE(S)=917.50STMH 301RE=921.00IE=918.00STMH 300RE=922.83IE(E)=915.87IE(S)=917.503'SUMP IE=914.509 LF - 9" STM @ 0.5%STMH 301RE=921.00IE=918.00STMH 301RE=921.00IE=918.00STMH 300RE=922.94IE(SW,SE,N)=917.503'SUMP IE=914.5015 LF - 12" STM @ 3.3%24 LF - 12" STM @ 1.0%SHEET NUMBER:DATE:DATE:LICENSE NO. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA PREPARED FOR: Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS: N:\0015032.00\DWG\CIVIL\0015032UT.DWG 06/10/2021CHANHASSEN RETAILC500 CHANHASSEN, MN CHANHASSEN RETAILUTILITY PLAN .06/10/2021 DAVID T. BADE 501 SOUTH 8TH ST MINNEAPOLIS, MN 55404 KRAUS-ANDERSON REALTY COMPANY . . . 06/10/2021NOT FOR CONSTRUCTION© 2021 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.com0'30'60'90'1" = 30'. . . . . . . . . . 30' 6' or 3'PROJECT NUMBER: 0015032.00SANEXISTINGPROPOSEDSANITARY SEWERSTOSTORM SEWERWATWATER MAINEASEMENT LINEPROPERTY LINEWATHYDRANTGATE VALVEDRAIN TILEFLARED END SECTION (WITH RIPRAP)LIGHT POLEGASGASGASPUGUNDERGROUND ELECTRICPUGTUGUNDERGROUND TELEPHONETOHPOHOVERHEAD ELECTRICPOHTOHOVERHEAD TELEPHONETOHFOTELEPHONE FIBER OPTICFOCTVCABLE TELEVISIONCTVFMFMSANITARY SEWER FORCE MAINCURB AND GUTTERUTILITY LEGEND1.THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED ONRECORDS OF THE VARIOUS UTILITY COMPANIES AND LIMITED MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION SHALL NOT BE RELIED ON AS BEINGEXACT OR COMPLETE. THE CONTRACTOR SHALL VERIFY EXISTING CONDITIONS PRIOR TO CONSTRUCTION AND NOTIFY THE OWNER OR ENGINEER OFDISCREPANCIES.2.ALL SANITARY SEWER, STORM SEWER AND WATER MAIN MATERIAL AND INSTALLATIONS SHALL BE PER CITY REQUIREMENTS, MINNESOTA PLUMBING CODE,AND IN ACCORDANCE WITH THE CURRENT EDITION OF "STANDARD SPECIFICATIONS FOR WATER MAIN AND SERVICE LINE INSTALLATION AND SANITARYSEWER AND STORM SEWER INSTALLATION" AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA.3.PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL OBTAIN THE NECESSARY FEDERAL, STATE AND LOCAL PERMITS FOR THE PROPOSED WORK OR VERIFYWITH THE OWNER OR ENGINEER THAT PERMITS HAVE BEEN OBTAINED. PERMIT FEES SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNLESSOTHERWISE ARRANGED WITH THE OWNER.4.CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATION AND DIMENSIONS OF DOORWAYS, RAMPS, TRUCK DOCKS, PRECISE BUILDINGDIMENSIONS AND EXACT BUILDING UTILITY CONNECTION LOCATIONS.5.ALL PRIVATE UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE SPECIFICATIONS OF THE APPROPRIATE UTILITY COMPANY. THE CONTRACTORSHALL COORDINATE THE SERVICE LINE CONSTRUCTION WITH THE UTILITY COMPANIES.6.CONTRACTOR SHALL OBTAIN ALL NECESSARY CITY PERMITS FOR UTILITY CONNECTIONS, AND UTILITIES SHALL BE INSPECTED AND APPROVED BY THE CITY.THE CITY SHALL BE NOTIFIED 48-HOURS PRIOR TO COMMENCING WITH THE UTILITY CONSTRUCTION OR ANY REQUIRED TESTING. CONTRACTOR SHALL NOTOPERATE, INTERFERE WITH, CONNECT ANY PIPE OR HOSE TO, OR TAP ANY WATER MAIN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO DO SO BYTHE CITY. ANY ADVERSE CONSEQUENCES OF SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBLIC ARE TO BE THE RESPONSIBILITY OFTHE CONTRACTOR.7.WATER MAIN LENGTHS AS SHOWN ARE APPROXIMATE HORIZONTAL LENGTHS. ALLOW FOR ADDITIONAL PIPE WHEN INSTALLING ON SLOPES OR WHENDEFLECTIONS ARE REQUIRED. THE JOINT DEFLECTIONS SHALL NOT EXCEED THE MAXIMUM RECOMMENDED BY THE PIPE MANUFACTURER OR BY LOCALGOVERNING SPECIFICATIONS. FITTINGS REQUIRED TO CONSTRUCT WATER MAIN SHALL BE INCLUDED IN WATER MAIN CONSTRUCTION.8.PROVIDE WATER MAIN THRUST RESTRAINTS PER CITY STANDARD REQUIREMENTS.9.A MINIMUM VERTICAL SEPARATION OF 18 INCHES IS REQUIRED AT ALL WATER LINE CROSSINGS WITH SANITARY SEWER OR STORM SEWER. THE WATER LINESHALL NOT HAVE JOINTS OR CONNECTION WITHIN 10-FEET OF THE CROSSING. INSULATE CROSSINGS WITH STORM SEWER.10.UTILITY SERVICES TYPICALLY TERMINATE 5' OUTSIDE BUILDING WALL UNLESS OTHERWISE SHOWN OR NOTED.11.DUCTILE IRON WATER LINES SHALL BE CLASS 52, PER AWWA C115 OR C151. COPPER WATER LINES SHALL BE TYPE K PER ASTM B88. PVC WATER LINES SHALLBE PER AWWA C900 AND INSTALLED PER AWWA C605 IF ALLOWED BY CITY.12.ALL WATER LINES SHALL HAVE 8' MINIMUM COVER. INSULATE WATER MAIN IF LESS THAN 8' OF COVER. INSULATION SHALL BE DOW STYROFOAM HI BRAND35 OR EQUIVALENT, WITH 4 INCHES OF THICKNESS.13.SANITARY SEWER PIPE OUTSIDE THE BUILDING ENVELOPE SHALL BE POLYVINYL CHLORIDE (PVC) SDR 35 OR 26. SDR 26 IS REQUIRED FOR DEPTHS GREATERTHAN 15 FEET. SANITARY SEWER PIPE WITHIN 5 FEET OF THE BUILDING AND UNDER FOOTINGS SHALL BE SCHEDULE 40 PER ASTM D2665. ALL PLASTICSANITARY SEWER SHALL BE INSTALLED PER D2321. SOLVENT WELD JOINTS MUST INCLUDE USE OF A PRIMER WHICH IS OF A CONTRASTING COLOR TO THEPIPE AND CEMENT. ALL SANITARY SEWER SHALL BE TESTED ACCORDING TO MINNESOTA PLUMBING CODE, PART 712.0.14.STORM SEWER PIPE:A.RCP AND HDPE PIPE MAY BE INSTALLED WITH APPROVAL OF LOCAL GOVERNING AGENCY.B.REINFORCED CONCRETE PIPE SHALL BE CLASS 5 FOR PIPE DIAMETERS 18" AND SMALLER, CLASS 3 FOR PIPE DIAMETERS 21" AND LARGER UNLESSOTHERWISE NOTED, PER ASTM C76 WITH R-4 GASKETS.C.HDPE STORM PIPE 4- TO 10-INCHES IN DIAMETER SHALL MEET REQUIREMENTS OF AASHTO M252. HDPE STORM PIPE 12- TO 60-INCHES IN DIAMETERSHALL MEET REQUIREMENTS OF ASTM F2306. FITTINGS SHALL BE PER ASTM D3212 AND INSTALLED PER ASTM D2321.D.PVC STORM SEWER PIPE AND FITTINGS SHALL BE SCHEDULE 40 PIPE PER ASTM D2665 AND INSTALLED PER ASTM D2321.E.CORRUGATED METAL PIPE (CMP) FOR SIZES 18- TO 120-INCH AND MUST MEET ASTM A760 OR ASTM A796 AND BE INSTALLED PER ASTM A798. CMPMAY NOT BE INSTALLED WITHIN 10-FEET OF A WATERMAIN, WATER SERVICE, OR A BUILDING.F.ALL STORM SEWER JOINTS AND STRUCTURE CONNECTIONS SHALL BE GASTIGHT OR WATERTIGHT AS REQUIRED BY MINNESOTA PLUMBING CODE, PART707.3. STORM SEWER LOCATED WITHIN 10-FEET OF A BUILDING AND/OR WATER LINE SHALL BE TESTED PER MINNESOTA PLUMBING CODE, PART 712.15.ALL NONCONDUCTIVE PIPE SHALL BE INSTALLED WITH A LOCATE (TRACER) WIRE PER MINNESOTA RULES, PART 7560.0150.16.POST INDICATOR VALVES SHALL BE CLOW F-5750 (OR EQUIVALENT) MEETING AWWA STANDARD C509 AND CITY STANDARDS. VALVE TO BE MECHANICALJOINT RESILIENT WEDGE GATE VALVE. POST TO BE ADJUSTABLE FOR 8 FEET WATER MAIN DEPTH. THE ELECTRICAL ALARM SWITCH SHALL BE PART NO. PCVS2(OR EQUIVALENT).17.AFTER CONSTRUCTION IS COMPLETED, THE CONTRACTOR SHALL PROVIDE THE OWNER WITH AN AS-BUILT RECORD OF UTILITY CONSTRUCTION. THEAS-BUILT SHALL INCLUDE LOCATION AND LENGTH DEVIATIONS OR CHANGES TO THE PLAN. CONTRACTOR TO VERIFY WITH OWNER OR ENGINEER WHETHERA PLAN WITH POST-CONSTRUCTION ELEVATIONS IS REQUIRED.18.ALL MANHOLE CASTINGS IN PAVED AREAS SHALL BE SUMPED 0.05 FEET. RIM ELEVATIONS ON PLAN REFLECT THE SUMPED ELEVATIONS.19.ALL CATCH BASIN CASTINGS IN CURB SHALL BE SUMPED 0.15 FEET AND MANHOLE CASTINGS IN PAVED AREAS SHALL BE SUMPED 0.05 FEET. RIM ELEVATIONSON PLAN REFLECT THE SUMPED ELEVATIONS.GENERAL UTILITY NOTESSDT FUTURE BUILDING15,000 SF75 STALLS REQ'D(5/1000)PROPOSED BUILDING6,652 SFFFE=924.2069 STALLSXXX XX 203SEEESTSSTUGTUGPUG PUGPUGPUG PUG PUG PUG PUG PUG PUGFOFOFOFOFOFOFOFOFO FOGASGASGASGASGASGASGASGASGAS GAS STOSANSANSANSANSANSANSANSANSANFOFOFOFOFOFOFOFOFOFO ∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆69 STALLSXSPRINKLERCONTROLBOXSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTO STO STO STO STO STO STO STO STO STOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN SANSANSANSANSANSANSSSSSSANSANSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASWATWATWATWATWATWATWATWATWATWAT FOFOTWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATTEETEESTOSSANSANSANSANSANWATWATWATRE=923.43WATSTOSTOSTOSTOSTOSTOSTOSTOSTOSTO STWATWATWATWATWATWATWAT WAT WAT WAT WAT WAT WAT WAT WATWATWATWATWATWATWATWATWATWATSANSANSANSANSANSANSAN SAN SAN SAN SAN SAN SANSANSTOSTOSTOSTOSTOSTOSAN SSSCDCCAAACCCCABBBSHEET NUMBER:DATE:DATE:LICENSE NO. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA PREPARED FOR: Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS: N:\0015032.00\DWG\CIVIL\0015032PL.DWG 06/10/2021CHANHASSEN RETAILL100 CHANHASSEN, MN CHANHASSEN RETAILLANDSCAPE PLAN .06/10/2021 JEFF R. WESTENDORF 501 SOUTH 8TH ST MINNEAPOLIS, MN 55404 KRAUS-ANDERSON REALTY COMPANY . . . 06/10/2021NOT FOR CONSTRUCTION© 2021 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.com0'30'60'90'1" = 30'. . . . . . . . . . 30' 6' or 3'PROJECT NUMBER: 0015032.00LANDSCAPE LEGENDSHRUBS / VINESOVERSTORY DECIDUOUS TREEORNAMENTAL TREEPERENNIALSEDGERBOULDERSASHREDDED HARDWOOD MULCH (TYP.)BEDGER (TYP.)CSOD (TYP.)DROCK MULCHALANDSCAPE KEYNOTESB&B12BOL2.5" CAL.B&B8ABM2.5" CAL.20MNS18" O.C.#1 CONT.AUTUMN BLAZE MAPLEBOULEVARD LINDENOVERSTORY TREEABBREVIATIONS: B&B = BALLED AND BURLAPPED CAL. = CALIPER HT. = HEIGHT MIN. =MINIMUM O.C. = ON CENTER SP. = SPREAD QTY .= QUANTITY CONT. = CONTAINERNOTE: QUANTITIES ON PLAN SUPERSEDE LIST QUANTITIES IN THE EVENT OF A DISCREPANCY.MAY NIGHT SALVIAROOTSIZEBOTANICAL NAMEACER X FREEMANII 'JEFFERS RED'TILIA AMERICANA 'BOULEVARD'SALVIA X NEMOROSA 'MAY NIGHT'AS SHOWNAS SHOWNX" O.C.SPACINGPRELIMINARY PLANT SCHEDULECOMMONCODEQTY20ORNAMENTAL TREE7B&B4PFC1.5" CAL.B&BPRC1.5" CAL.3PRAIRIE ROSE CRABPRAIRIEFIRE CRABMALUS 'PRAIRIE ROSE'MALUS 'PRAIRIEFIRE'AS SHOWNAS SHOWNDECIDUOUS SHRUB3325NFS3'-0" O.C.#5 CONT.NEON FLASH SPIREASPIRAEA JAPONICA 'NEON FLASH'X'-X" O.C.8DGN4'-0" O.C.#5 CONT.DART'S GOLD NINEBARKPHYSOCARPUS OPULIFOLIUS 'DART'S GOLD'X'-X" O.C.PERENNIALS10226SDO12" O.C.#1 CONT.STELLA DE ORO DAYLILYHEMEROCALLIS 'STELLA DE ORO'X" O.C.56KFG24" O.C.#1 CONT.KARL FOERSTER FEATHER REED GRASSCALAMAGROSTIS X ACUTIFLORA 'KARL FOERSTER'X" O.C. SHEET NUMBER:DATE:DATE:LICENSE NO. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA PREPARED FOR: Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 VERTICAL SCALE: HORIZONTAL SCALE: DRAWN: CHECKED: DESIGNED:INITIAL ISSUE: REVISIONS: N:\0015032.00\DWG\CIVIL\0015032PL.DWG 06/10/2021CHANHASSEN RETAILL101 CHANHASSEN, MN CHANHASSEN RETAILLANDSCAPE DETAILS .06/10/2021 JEFF R. WESTENDORF 501 SOUTH 8TH ST MINNEAPOLIS, MN 55404 KRAUS-ANDERSON REALTY COMPANY . . . 06/10/2021NOT FOR CONSTRUCTION© 2021 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.com0'###########1" = ###. . . . . . . . . . ### ### or ##PROJECT NUMBER: 0015032.00LAST REVISED:10/23/18SHRUB & PERENNIALCONTAINER PLANTINGLA27-CN.T.S.2XCONT.DIAMETERSET CONTAINER ROOT SOIL ONUNDISTURBED SUBSOIL OR MILDCOMPACTED SOIL FOR DEPTH TO MATCHFINISH GRADESCARIFY SIDES AND BOTTOM OF HOLE.DEPTH PER CONTAINER SOIL DEPTHBACKFILL PLANT PIT WITH SPECIFIEDPLANTING SOIL OR AS APPROVEDEDGING AT PLANTING BEDS, AS SPECIFIED,ADJACENT TO LAWN AREASMULCH AS SPECIFIED (AND FILTER FABRIC,AS INDICATED)REMOVE CONTAINER, SCARIFY SIDES, ANDSET SOIL MASS ON COMPACTED SOIL BASEMOUND, MATCHING SHRUBS NATURALGROUNDLINE WITH FINISHED GRADELAST REVISED:10/19/18DECIDUOUS TREEPLANTINGLA28N.T.S.SET ROOT BALL ON UNDISTURBED SUBSOILOR COMPACTED SOIL MOUND MATCHINGTREES NATURAL GROUNDLINE WITH FINISHEDSITE GRADE.REFER TO AMERICAN STANDARD FORNURSERY STOCK FOR MINIMUM BALL SIZE.ROOT FLARE TO BE PLANTED AT OR NEARFINISHED GROUNDLINE.SCARIFY SIDES AND BOTTOM OF HOLE.BACKFILL PLANT PIT WITH SPECIFIED BACKFILLSOIL.FORM 3" DEEP WATERING BASIN.PLACE MULCH, DEPTH AS SPECIFIED, OVERPLANT PITS - DO NOT PILE AGAINST TRUNK.TREE WRAP MATERIAL FROM GROUNDLINEUPWARD TO FIRST BRANCHES, AS REQUIRED.PRUNE OUT MISDIRECTED BRANCHES.PROVIDE ONE CENTRAL LEADER.GUYING AND STAKING, AS REQUIRED, FORONE (1) YEAR ON ALL DECIDUOUS ANDCONIFEROUS TREES:TOP STAKES 5' ABOVE GROUND (MAX.)OR TO FIRST BRANCH. BOTTOM OFSTAKE 3' (MIN.) BELOW GROUND.STAKING POSTS TO BE 2"X2" STAINEDWOOD OR PAINTED STEEL DELINEATORPOSTS. PLACE 3 POSTS EQUIDISTANTAROUND AND OUTSIDE ROOT BALL.SECURE TREE TO POSTS WITH 16" LONGPOLYPROPYLENE OR POLYETHYLENE, 40MIL., 1.5" WIDE STRAP.2XBALLDIAMETERSET ROOT BALL ON UNDISTURBED SUBSOILOR COMPACTED SOIL MOUND MATCHINGTREES NATURAL GROUNDLINE WITHFINISHED SITE GRADE.REFER TO AMERICAN STANDARD FORNURSERY STOCK FOR MINIMUM BALL SIZE.ROOT FLARE TO BE PLANTED AT OR NEARFINISHED GROUNDLINE.SCARIFY SIDES AND BOTTOM OF HOLE.BACKFILL PLANT PIT WITH SPECIFIEDBACKFILL SOIL.FORM 3" DEEP WATERING BASIN.PLACE MULCH, DEPTH AS SPECIFIED, OVERPLANT PITS - DO NOT PILE AGAINST TRUNK.PRUNE OUT MISDIRECTED BRANCHES.PROVIDE ONE CENTRAL LEADER.GUYING AND STAKING, AS REQUIRED, FORONE (1) YEAR ON ALL DECIDUOUS ANDCONIFEROUS TREES:TOP STAKES 5' ABOVE GROUND (MAX.)OR TO FIRST BRANCH. BOTTOM OFSTAKE 3' (MIN.) BELOW GROUND.STAKING POSTS TO BE 2"X2" STAINEDWOOD OR PAINTED STEEL DELINEATORPOSTS. PLACE 3 POSTS EQUIDISTANTAROUND AND OUTSIDE ROOT BALL.SECURE TREE TO POSTS WITH 16" LONGPOLYPROPYLENE OR POLYETHYLENE, 40MIL., 1.5" WIDE STRAP.2XBALLDIAMETERLAST REVISED:10/19/18EVERGREEN TREEPLANTINGLA29N.T.S.1.CONTRACTOR SHALL CONTACT COMMON GROUND ALLIANCE AT 811 OR CALL811.COM TO VERIFY LOCATIONS OFALL UNDERGROUND UTILITIES PRIOR TO INSTALLATION OF ANY PLANTS OR LANDSCAPE MATERIAL.2.ACTUAL LOCATION OF PLANT MATERIAL IS SUBJECT TO FIELD AND SITE CONDITIONS.3.NO PLANTING WILL BE INSTALLED UNTIL ALL GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THEIMMEDIATE AREA.4.ALL SUBSTITUTIONS MUST BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO SUBMISSION OF ANY BIDAND/OR QUOTE BY THE LANDSCAPE CONTRACTOR.5.CONTRACTOR SHALL PROVIDE TWO YEAR GUARANTEE OF ALL PLANT MATERIALS. THE GUARANTEE BEGINS ON THEDATE OF THE LANDSCAPE ARCHITECT'S OR OWNER'S WRITTEN ACCEPTANCE OF THE INITIAL PLANTING.REPLACEMENT PLANT MATERIAL SHALL HAVE A ONE YEAR GUARANTEE COMMENCING UPON PLANTING.6.ALL PLANTS TO BE SPECIMEN GRADE, MINNESOTA-GROWN AND/OR HARDY. SPECIMEN GRADE SHALL ADHERE TO,BUT IS NOT LIMITED BY, THE FOLLOWING STANDARDS:ALL PLANTS SHALL BE FREE FROM DISEASE, PESTS, WOUNDS, SCARS, ETC.ALL PLANTS SHALL BE FREE FROM NOTICEABLE GAPS, HOLES, OR DEFORMITIES.ALL PLANTS SHALL BE FREE FROM BROKEN OR DEAD BRANCHES.ALL PLANTS SHALL HAVE HEAVY, HEALTHY BRANCHING AND LEAFING.CONIFEROUS TREES SHALL HAVE AN ESTABLISHED MAIN LEADER AND A HEIGHT TO WIDTH RATIO OF NO LESSTHAN 5:3.7.PLANTS TO MEET AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1-2014 OR MOST CURRENT VERSION)REQUIREMENTS FOR SIZE AND TYPE SPECIFIED.8. PLANTS TO BE INSTALLED AS PER MNLA & ANSI STANDARD PLANTING PRACTICES.9.PLANTS SHALL BE IMMEDIATELY PLANTED UPON ARRIVAL AT SITE. PROPERLY HEEL-IN MATERIALS IF NECESSARY;TEMPORARY ONLY.10.PRIOR TO PLANTING, FIELD VERIFY THAT THE ROOT COLLAR/ROOT FLAIR IS LOCATED AT THE TOP OF THE BALLED &BURLAP TREE. IF THIS IS NOT THE CASE, SOIL SHALL BE REMOVED DOWN TO THE ROOT COLLAR/ROOT FLAIR.WHEN THE BALLED & BURLAP TREE IS PLANTED, THE ROOT COLLAR/ROOT FLAIR SHALL BE EVEN OR SLIGHTLYABOVE FINISHED GRADE.11.OPEN TOP OF BURLAP ON BB MATERIALS; REMOVE POT ON POTTED PLANTS; SPLIT AND BREAK APART PEAT POTS.12.PRUNE PLANTS AS NECESSARY - PER STANDARD NURSERY PRACTICE AND TO CORRECT POOR BRANCHING OFEXISTING AND PROPOSED TREES.13.WRAP ALL SMOOTH-BARKED TREES - FASTEN TOP AND BOTTOM. REMOVE BY APRIL 1ST.14.STAKING OF TREES AS REQUIRED; REPOSITION, PLUMB AND STAKE IF NOT PLUMB AFTER ONE YEAR.15.THE NEED FOR SOIL AMENDMENTS SHALL BE DETERMINED UPON SITE SOIL CONDITIONS PRIOR TO PLANTING.LANDSCAPE CONTRACTOR SHALL NOTIFY LANDSCAPE ARCHITECT FOR THE NEED OF ANY SOIL AMENDMENTS.16.BACKFILL SOIL AND TOPSOIL TO ADHERE TO MN/DOT STANDARD SPECIFICATION 3877 (SELECT TOPSOIL BORROW)AND TO BE EXISTING TOP SOIL FROM SITE FREE OF ROOTS, ROCKS LARGER THAN ONE INCH, SUBSOIL DEBRIS, ANDLARGE WEEDS UNLESS SPECIFIED OTHERWISE. MINIMUM 4" DEPTH TOPSOIL FOR ALL LAWN GRASS AREAS AND 12"DEPTH TOPSOIL FOR TREE, SHRUBS, AND PERENNIALS.17.PROVIDE A MINIMUM OF 4" TOPSOIL IN LAWN AREAS AND 12" TOPSOIL IN LANDSCAPE BEDS. ADD SOILAMENDMENTS FOR OPTIMUM PLANT GROWTH. ALL PARKING ISLAND GRADES SHALL HAVE A SIGNIFICANTCROWN.18.MULCH TO BE AT ALL TREE, SHRUB, PERENNIAL, AND MAINTENANCE AREAS. TREE AND SHRUB PLANTING BEDSSHALL HAVE 4" DEPTH OF SHREDDED HARDWOOD MULCH. SHREDDED HARDWOOD MULCH TO BE USED AROUNDALL PLANTS WITHIN TURF AREAS. PERENNIAL AND ORNAMENTAL GRASS BEDS SHALL HAVE 2" DEPTH SHREDDEDHARDWOOD MULCH. SINGLE TREE AND SHRUB PLANTINGS SHALL HAVE A 4" DEPTH SHREDDED HARDWOODMULCH RING AROUND EACH BASE. DECIDUOUS PLANT MATERIAL SHALL HAVE A MINIMUM 3' DIAMETER RING,EVERGREEN PLANT MATERIAL SHALL HAVE A RING TO THE DRIP LINE. MULCH TO BE FREE OF DELETERIOUSMATERIAL AND MULCH TO BE ON COMMERCIAL GRADE FILTER FABRIC, BY TYPAR, OR APPROVED EQUAL WITH NOEXPOSURE. MULCH AND FABRIC TO BE APPROVED BY OWNER PRIOR TO INSTALLATION. MULCH TO MATCHEXISTING CONDITIONS (WHERE APPLICABLE).19.EXISTING TREES AND SHRUBS, AROUND THE SITE, SHALL BE PRUNED TO REMOVE DEAD OR UNDESIRABLE LIMBSAND TO SHAPE PLANT FOR DESIRABLE APPEARANCE AND COMPLETED BY A QUALIFIED INDIVIDUAL. CONTRACTORTO CLEAR AND GRUB EXISTING VEGETATION AND DISPOSE OF ALL REMOVALS OFF-SITE PER PROJECTIMPROVEMENTS.20.EDGING TO BE COMMERCIAL GRADE VALLEY-VIEW BLACK DIAMOND (OR EQUAL) POLY EDGING OR SPADED EDGE,AS INDICATED. POLY EDGING SHALL BE PLACED WITH SMOOTH CURVES AND STAKED WITH METAL SPIKES NOGREATER THAN 4 FOOT ON CENTER WITH BASE OF TOP BEAD AT GRADE, FOR MOWERS TO CUT ABOVE WITHOUTDAMAGE. UTILIZE CURBS AND SIDEWALKS FOR EDGING WHERE POSSIBLE. SPADED EDGE TO PROVIDE V-SHAPEDDEPTH AND WIDTH TO CREATE SEPARATION BETWEEN MULCH AND GRASS. INDIVIDUAL TREE, SHRUB, ORRAIN-GARDEN BEDS TO BE SPADED EDGE, UNLESS NOTED OTHERWISE. EDGING TO MATCH EXISTING CONDITIONS(WHERE APPLICABLE).21.ALL DISTURBED AREAS TO BE SODDED, UNLESS OTHERWISE NOTED. PARKING LOT ISLANDS TO BE SODDED WITHSHREDDED HARDWOOD MULCH AROUND ALL TREES AND SHRUBS. SOD TO BE STANDARD MINNESOTA GROWNAND HARDY BLUEGRASS MIX, FREE OF LAWN WEEDS. ALL TOPSOIL AREAS TO BE RAKED TO REMOVE DEBRIS ANDENSURE DRAINAGE. SLOPES OF 3:1 OR GREATER SHALL BE STAKED. SEED AS SPECIFIED AND PER MN/DOTSPECIFICATIONS. IF NOT INDICATED ON LANDSCAPE PLAN, SEE EROSION CONTROL PLAN.22.PROVIDE IRRIGATION TO ALL PLANTED AREAS ON SITE. IRRIGATION SYSTEM TO BE DESIGN/BUILD BY LANDSCAPECONTRACTOR. SEE PLAN FOR LIMITS OF IRRIGATION. LANDSCAPE WITHIN LANDSCAPE/IRRIGATION DASHED LINETO BE IRRIGATED FROM BUILDING. LANDSCAPE CONTRACTOR TO PROVIDE SHOP DRAWINGS TO LANDSCAPEARCHITECT FOR APPROVAL PRIOR TO INSTALLATION OF IRRIGATION SYSTEM. CONTRACTOR TO WATER PLANTMATERIAL DURING INSTALLATION AND DURING ESTABLISHMENT PERIOD. OWNER WILL NOT PROVIDE WATER FORCONTRACTOR. VOLUME OF WATER TO BE PER PLANT REQUIREMENT FOR ESTABLISHMENT AND NORMAL GROWTH.CONTRACTOR TO PROVIDE OPERATION MANUALS, AS-BUILT PLANS, AND NORMAL PROGRAMMING. SYSTEMSHALL BE WINTERIZED AND HAVE SPRING STARTUP DURING FIRST YEAR OF OPERATION. SYSTEM SHALL HAVEONE-YEAR WARRANTY ON ALL PARTS AND LABOR. ALL INFORMATION ABOUT INSTALLATION AND SCHEDULINGCAN BE OBTAINED FROM THE GENERAL CONTRACTOR.23.REPAIR, REPLACE, OR PROVIDE SOD/SEED AS REQUIRED FOR ANY ROADWAY BOULEVARD AREAS ADJACENT TO THESITE DISTURBED DURING CONSTRUCTION.24.REPAIR ALL DAMAGE TO PROPERTY FROM PLANTING OPERATIONS AT NO COST TO OWNER.25.VERIFY ALL LANDSCAPE IMPROVEMENTS WITH REMOVALS AND SITE WORK.26.ALL DISTURBED LANDSCAPED AREAS, NOT INDICATED AS PLANTING BEDS, ARE TO BE SODDED, UNLESS NOTEDOTHERWISE. SOD IS TO BE PRIMARILY KENTUCKY BLUEGRASS, FREE OF LAWN GRASS WEEDS. MATCH INTOEXISTING, AS APPLICABLE. ANCHOR SOD ON SLOPED OR POTENTIAL EROSION AREAS, OR AS REQUIRED.27.CONTRACTOR TO VERIFY PLANTS REQUIRED AS REFLECTED ON PLAN, NOTIFY LANDSCAPE ARCHITECT IF PLAN ANDSCHEDULE DO NOT MATCH. ALL PLANT MATERIAL TO ADHERE TO THE AMERICAN STANDARD FOR NURSERYSTOCK, LATEST VERSION. ADD FERTILIZER, HERBICIDE, AND PESTICIDE AS NECESSARY FOR OPTIMUM GROWTH.PLANTING NOTES PUGPUGSEEESTSSTUGTUGPUG PUGPUGPUG PUG PUG PUG PUG PUG PUGFOFOFOFOFOFOFOFOFO FOGASGASGASGASGASGASGASGASGAS GAS SANSANSANSANSANSANSANSANSAN FO FO FO FOFOFO FO FO FOFO69 STALLSXSPRINKLERCONTROLBOXSTOSTOSTOSTOSTOSTOSTOSTO STO STO STO STO STO STO STO STO STO STO STOSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN SANSANSANSANSANSANSANSANSSSSANSANSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOWAT PUG PUGPUG PUG PUG PUG PUG PUGPUGPUGFOFOFOFOFOFOFOFOFOFOFOFOFO FOCTVCTVCTVCTVCTV CTV CTV CTV CTV CTVCTVCTVTSTOSTOSTSTEETEEEXISTING BUILDING EXISTINGBUILDINGMISC. STUBABOVE GROUND925925923923924924923922921923 923921922923924924925925925TRASHENCLOSURESANSANSANSANSANSANWATWATWATRE=923.43WATSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTO STO STO STO STO STO STO STO STO STOSTOSTOSTOSTO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STOSTMHRE=922.19IE=915.44 (PER PLAN)CBMHRE=920.69IE=915.60CBMHRE=921.79IE=917.39 (PER PLAN)STOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTOSTO STSTOSTOSTOSTOSTOSTOCBMHRE=921.27IE=916.72CBMHRE=922.45IE=918.40 (PER PLAN)STMHRE=923.50IE=918.50(PER PLAN)EX. 12" STM (PER PLAN)EX. 24" STMEX. 27 STMEX. 15" STMEX. 12" PVC EX. 12" PVCEX. 15" STMEX. 24" STMSSSSWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWAT WAT WATWATWAT SSAN MHRE=924.86IE=913.90(PER PLAN)SAN MHRE=925.04IE=912.90 (PER PLAN)WATWATWATWATSAN MHRE=922.89IE=911.86WATWATWATWATWATWA T WAT WAT WAT WAT WAT WAT WAT WAT WATWATWATWATWATWATWATWATWATWATSANSANSANSANSANSANSAN SAN SANSANSANSANSANSANSAN SAN MHRE=924.70IE=914.90(PER PLAN)SAN MHRE=924.50IE=915.50(PER PLAN)SAN MHRE=925.00IE=916.20 (PER PLAN)EX. 8" SANITARY SEWEREX. 8" SANITARY SEWEREX. 8" SANITARY SEWER EX. 8" SANITARY SEWER EX. 4" SANITARY SEWER6" SAN STUBIE=915.40 (PER PLAN)EX. 8" SANITARY SEWER@ 7.12% (PER PLAN)6" WMWITH PLUGEX. 10" WATERMAINEX. 10" WATERMAINEX. 10" WATERMAIN EX. 10" WATERMAINSAN MHRE=922.23IE=910.54SAN MHRE=923.09IE=912.16∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆DRAINAGE & UTILITY EASEMENT PERPLAT OF CROSSROADS OF CHANHASSENDRAINAGE & UTILITY EASEMENT PERPLAT OF CROSSROADS OF CHANHASSENDRAINAGE & UTILITY EASEMENT PER PLAT OF CROSSROADS OF CHANHASSENLIMITED ACCESS PER MNDOTROW PLAT NO. 10-17UTILITY EASEMENT PERDOC. NO. A490037101010 10 1010LOT 2BLOCK 11ƒ :1ƒ :6ƒ (6ƒ :1ƒ :6ƒ (5.67PARCEL APARCEL B244.13 119.39 42.73 NW CORNER OF LOT 2, BLOCK 1,CROSSROADS OF CHANHASSENW. LINE OF LOT 2, BLOCK 1,CROSSROADS OF CHANHASSENDRAINAGE & UTILITYEASEMENT PER PLATOF CROSSROADS OFCHANHASSENFO10039920.74USTLN INV N ELECTRICALESSMAILDRIVE THRUSWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWAT925926927928925926927928GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASPUGPUGPUGPUGPUGPUG FOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOUTILITYVAULTUTILITYVAULT924CBMHRE=923.49IE=920.74S1ƒ :1ƒ (6ƒ (6ƒ (21.441ƒ ( 36.03 1ƒ (1ƒ :6.74FUTURE BUILDING15,000 SF75 STALLS REQ'D(5/1000)PROPOSED BUILDING6,652 SFFFE=924.2069 STALLSXXX XX SHEET NUMBER:DATE: 06/09/2021PREPARED FOR:OFFIELD WORK DATE:06/01/21JAGFIELD CREW:DRAWN:CHECKED:BJYNAS11Metes and BoundsSubdivisionPhone(320) 253-94953701 12th Street North, Suite 206Fax(320) 358-2001St. Cloud, MN 56303Toll Free(800) 270-94950015032V-LTSPLT.dwgChanhassen, MNMinneapolis, MNCrossroads of ChanhassenKraus-AndersonDevelopment Company06/09/21REVISIONS:0'30'60'90'1" = 30'SCALE IN FEET(NOT TO SCALE)VICINITY MAPLot 2, Block 1, CROSSROADS OF CHANHASSENAbstract PropertyEXISTING LEGAL DESCRIPTIONLot 2, Block 1, CROSSROADS OF CHANHASSEN, according to the recorded plat thereof, Carver County, Minnesota, except that part described as follows:Commencing at the northwest corner of said Lot 2; thence South 00 degrees 29 minutes 44 seconds West, assumed bearing along the west line of saidLot 2, a distance of 42.73 feet to the point of beginning of the land to be described; thence continuing South 00 degrees 29 minutes 44 seconds West,along said west line, a distance of 119.39 feet; thence South 89 degrees 30 minutes 17 seconds East, a distance of 119.49 feet; thence North 00 degrees29 minutes 43 seconds East, a distance of 21.44 feet; thence South 89 degrees 30 minutes 17 seconds East, a distance of 99.73 feet; thence North 00degrees 29 minutes 43 seconds East, a distance of 36.03 feet; thence North 89 degrees 30 minutes 17 seconds West, a distance of 6.74 feet; thence North00 degrees 29 minutes 43 seconds East, a distance of 61.92 feet; thence North 89 degrees 30 minutes 17 seconds West, a distance of 212.48 feet to thepoint of beginning.CHANHASSENSITEPROPOSED LEGAL DESCRIPTION - PARCEL APROPOSED LEGAL DESCRIPTION FOR PARCEL BThat part of Lot 2, Block 1, CROSSROADS OF CHANHASSEN, according to the recorded plat thereof, Carver County, Minnesota described as follows:Commencing at the northwest corner of said Lot 2; thence South 00 degrees 29 minutes 44 seconds West, assumed bearing along the west line ofsaid Lot 2, a distance of 42.73 feet to the point of beginning of the land to be described; thence continuing South 00 degrees 29 minutes 44 secondsWest, along said west line, a distance of 119.39 feet; thence South 89 degrees 30 minutes 17 seconds East, a distance of 119.49 feet; thence North 00degrees 29 minutes 43 seconds East, a distance of 21.44 feet; thence South 89 degrees 30 minutes 17 seconds East, a distance of 99.73 feet; thenceNorth 00 degrees 29 minutes 43 seconds East, a distance of 36.03 feet; thence North 89 degrees 30 minutes 17 seconds West, a distance of 6.74 feet;thence North 00 degrees 29 minutes 43 seconds East, a distance of 61.92 feet; thence North 89 degrees 30 minutes 17 seconds West, a distance of212.48 feet to the point of beginning.LEGENDSANITARY MANHOLECATCH BASINELECTRIC BOXELECTRIC METERSIGNLIGHT POLEGATE VALVEHYDRANTSTORM MANHOLEGASPUGSANSTOTUGWATFO∆SSTEETELEPHONE UNDERGROUNDPOWER UNDERGROUNDWATERMAINFIBER OPTICSANITARY SEWERSTORM SEWERGAS LINECONTROLLED ACCESSCURB & GUTTERCONCRETE SURFACEBITUMINOUS SURFACEGRAVEL SURFACE55343Christopher R. Foley06/09/21DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTA CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject Approve a Request for an Amendment to the Interim Use Permit to Remove the Condition Requiring the Installation of Driving Range Nets Section NEW BUSINESS Item No: H.1. Prepared By MacKenzie Young­Walters, Associate Planner File No: Planning Case No. 2021­02 PROPOSED MOTION "The Chanhassen City Council denies the requested amendment to the conditions of Interim Use Permit #2021­02 for a golf driving range, and adopts the attached Findings of Fact. Or The Chanhassen City Council amends Condition 9 of Interim Use Permit #2021­02 to read “The applicant shall conduct a wetland delineation and install fencing along the wetland buffer south of driving range.”" Approval requires a Simple Majority Vote of members present. SUMMARY The applicant is requesting an amendment to the conditions of Interim Use Permit (IUP) 2021­02 to remove Condition 9 which requires the installation of driving range netting. A golf driving range previously operated on the site from 1998 to 2018 under IUP 1998­02. Since much of the property is located within a floodplain and the property has an extensive wetland, a conditional use permit and wetland alteration permit were also required in order to facilitate the creation of a driving range on the site. After the initial permits were issued, the original owner applied for and received a series of variances and Code amendments to expand the operation. After the driving range closed in 2016 the original IUP expired. In August of 2020, the applicant reached out to staff to inquire about the possibility of reopening the driving range. On August 24, 2020, the applicant met with staff to go over the process of applying for and receiving a new IUP. During this meeting, staff provided the applicant with a copy of IUP 1998­02 and indicated that the conditions present in IUP 1998­02 would likely be applied to the new IUP. While not explicitly discussed, the condition governing the installation of nets was present in this document. During the January 5, 2021 public hearing on the IUP, the net requirement was mentioned during the staff presentation of notable conditions and was listed on slide number 7 of the Power Point. The applicant did not comment on or object to the condition during the public hearing. CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectApprove a Request for an Amendment to the Interim Use Permit to Remove the ConditionRequiring the Installation of Driving Range NetsSectionNEW BUSINESS Item No: H.1.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: Planning Case No. 2021­02PROPOSED MOTION"The Chanhassen City Council denies the requested amendment to the conditions of Interim Use Permit #2021­02for a golf driving range, and adopts the attached Findings of Fact.OrThe Chanhassen City Council amends Condition 9 of Interim Use Permit #2021­02 to read “The applicant shallconduct a wetland delineation and install fencing along the wetland buffer south of driving range.”"Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting an amendment to the conditions of Interim Use Permit (IUP) 2021­02 to removeCondition 9 which requires the installation of driving range netting.A golf driving range previously operated on the site from 1998 to 2018 under IUP 1998­02. Since much of theproperty is located within a floodplain and the property has an extensive wetland, a conditional use permit and wetlandalteration permit were also required in order to facilitate the creation of a driving range on the site. After the initialpermits were issued, the original owner applied for and received a series of variances and Code amendments toexpand the operation. After the driving range closed in 2016 the original IUP expired.In August of 2020, the applicant reached out to staff to inquire about the possibility of reopening the driving range. OnAugust 24, 2020, the applicant met with staff to go over the process of applying for and receiving a new IUP. Duringthis meeting, staff provided the applicant with a copy of IUP 1998­02 and indicated that the conditions present in IUP1998­02 would likely be applied to the new IUP. While not explicitly discussed, the condition governing the installationof nets was present in this document.During the January 5, 2021 public hearing on the IUP, the net requirement was mentioned during the staff presentationof notable conditions and was listed on slide number 7 of the Power Point. The applicant did not comment on or object to the condition during the public hearing. On January 11, 2021, the applicant contacted staff to express concern about the feasibility of installing the nets during the winter. Staff was reluctant to support allowing the facility to open without nets due to concerns over the potential impact to the wetlands; however, understanding that losing several months revenue would be extremely difficult for a new business, staff ultimately recommended that the condition be amended to allow until June 14 for the installation of the nets. During the January 25 City Council meeting, the City Council voted to approve IUP 2021­02 with the amended condition. In May, the applicant contacted staff to request that the condition requiring nets be lifted. Staff recommended that the condition be upheld due to the fact that the exact position and extent of the wetlands and their buffer area is unknown. The nets help confine hit balls to the driving range area, and ensure a large separation between areas where equipment (mowers, ball pickers, etc.) are operated and the limits of the wetlands shown in the now expired 1998 delineation. Operation of equipment near wetlands and within buffer areas can degrade this transition zone which helps protect wetlands by removing sediment and other pollutants. There is also some concern that balls hit outside of the normal boundary of the driving range may be missed by hand pickers and end up carried by floodwaters into the wetlands and Minnesota River. Since driving ranges often have nets to help limit the dispersal of golf balls and the applicant had previously agreed to install the nets, staff felt that it was reasonable to retain the condition. On June 15, 2021 the Planning Commission voted 4­2 to recommend that the City Council deny the applicant’s request to amend IUP 2021­02. A more thorough analysis can be found in the attached staff report. BACKGROUND The subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying Cloud Drive intersection. The site is over 90 acres in area. The vast majority of the property is in the floodplain of the Minnesota River.  This means the site is subject to periodic flooding. There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject site, which encompasses adjacent properties that are under the jurisdiction of the Department of Natural Resources (DNR). The subject site is one of the few parcels not included in the Minnesota River “Raguet” Wildlife Management Area. This entire property has been identified as an area whose development pattern needs to be sensitive to the watershed, including the wetland and the creek. The subject property has gone through the public hearing process for a variety of reasons in the past and a full history can be found in the attached staff report. A brief summary of the most recent City Council and Planning Commission action can be found below: On January 25, 2021, the City Council approved the following subject to conditions: Interim Use Permit 2021­02 to allow a golf driving range in the Agricultural Estate District (A2). This IUP was essentially a reissued version the lapsed IUP 1998­02 with most conditions from the original IUP being carried over. At the applicant’s request, the City Council amended Condition 9, which required the installation of driving range nets before commencing operations, to allow the applicant until June 14, 2021 to install the nets provided a $2,500 escrow was submitted to ensure that the nets were installed. On May 10, 2021, the Chanhassen City Council pass Ordinance 668 which: Extended the permitted hours of operation from 7:00 a.m. to 9:00 p.m. Allowed golf driving ranges to apply for and receive wine licenses in accordance with City Code and State licensing requirements. On May 14, 2021, the applicant submitted an application requesting that IUP 2021­02 be amended to remove CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectApprove a Request for an Amendment to the Interim Use Permit to Remove the ConditionRequiring the Installation of Driving Range NetsSectionNEW BUSINESS Item No: H.1.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: Planning Case No. 2021­02PROPOSED MOTION"The Chanhassen City Council denies the requested amendment to the conditions of Interim Use Permit #2021­02for a golf driving range, and adopts the attached Findings of Fact.OrThe Chanhassen City Council amends Condition 9 of Interim Use Permit #2021­02 to read “The applicant shallconduct a wetland delineation and install fencing along the wetland buffer south of driving range.”"Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting an amendment to the conditions of Interim Use Permit (IUP) 2021­02 to removeCondition 9 which requires the installation of driving range netting.A golf driving range previously operated on the site from 1998 to 2018 under IUP 1998­02. Since much of theproperty is located within a floodplain and the property has an extensive wetland, a conditional use permit and wetlandalteration permit were also required in order to facilitate the creation of a driving range on the site. After the initialpermits were issued, the original owner applied for and received a series of variances and Code amendments toexpand the operation. After the driving range closed in 2016 the original IUP expired.In August of 2020, the applicant reached out to staff to inquire about the possibility of reopening the driving range. OnAugust 24, 2020, the applicant met with staff to go over the process of applying for and receiving a new IUP. Duringthis meeting, staff provided the applicant with a copy of IUP 1998­02 and indicated that the conditions present in IUP1998­02 would likely be applied to the new IUP. While not explicitly discussed, the condition governing the installationof nets was present in this document.During the January 5, 2021 public hearing on the IUP, the net requirement was mentioned during the staff presentationof notable conditions and was listed on slide number 7 of the Power Point. The applicant did not comment on orobject to the condition during the public hearing.On January 11, 2021, the applicant contacted staff to express concern about the feasibility of installing the nets duringthe winter. Staff was reluctant to support allowing the facility to open without nets due to concerns over the potentialimpact to the wetlands; however, understanding that losing several months revenue would be extremely difficult for anew business, staff ultimately recommended that the condition be amended to allow until June 14 for the installation ofthe nets.During the January 25 City Council meeting, the City Council voted to approve IUP 2021­02 with the amendedcondition.In May, the applicant contacted staff to request that the condition requiring nets be lifted. Staff recommended that thecondition be upheld due to the fact that the exact position and extent of the wetlands and their buffer area is unknown.The nets help confine hit balls to the driving range area, and ensure a large separation between areas where equipment(mowers, ball pickers, etc.) are operated and the limits of the wetlands shown in the now expired 1998 delineation.Operation of equipment near wetlands and within buffer areas can degrade this transition zone which helps protectwetlands by removing sediment and other pollutants. There is also some concern that balls hit outside of the normalboundary of the driving range may be missed by hand pickers and end up carried by floodwaters into the wetlandsand Minnesota River. Since driving ranges often have nets to help limit the dispersal of golf balls and the applicant hadpreviously agreed to install the nets, staff felt that it was reasonable to retain the condition. On June 15, 2021 thePlanning Commission voted 4­2 to recommend that the City Council deny the applicant’s request to amend IUP2021­02.A more thorough analysis can be found in the attached staff report.BACKGROUNDThe subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying Cloud Driveintersection. The site is over 90 acres in area. The vast majority of the property is in the floodplain of the Minnesota River. This means the site is subject to periodic flooding.There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject site, whichencompasses adjacent properties that are under the jurisdiction of the Department of Natural Resources (DNR). Thesubject site is one of the few parcels not included in the Minnesota River “Raguet” Wildlife Management Area. This entireproperty has been identified as an area whose development pattern needs to be sensitive to the watershed, including thewetland and the creek.The subject property has gone through the public hearing process for a variety of reasons in the past and a full history canbe found in the attached staff report. A brief summary of the most recent City Council and Planning Commission actioncan be found below:On January 25, 2021, the City Council approved the following subject to conditions:Interim Use Permit 2021­02 to allow a golf driving range in the Agricultural Estate District (A2). This IUP wasessentially a reissued version the lapsed IUP 1998­02 with most conditions from the original IUP being carriedover.At the applicant’s request, the City Council amended Condition 9, which required the installation of drivingrange nets before commencing operations, to allow the applicant until June 14, 2021 to install the nets provideda $2,500 escrow was submitted to ensure that the nets were installed.On May 10, 2021, the Chanhassen City Council pass Ordinance 668 which:Extended the permitted hours of operation from 7:00 a.m. to 9:00 p.m.Allowed golf driving ranges to apply for and receive wine licenses in accordance with City Code and Statelicensing requirements. On May 14, 2021, the applicant submitted an application requesting that IUP 2021­02 be amended to remove Condition 9. On June 15, 2021, the Planning Commission held a public hearing to consider the applicant's request and voted 4­2 to recommend that the City Council deny the applicant’s requested amendment. No member of the public spoke during the public hearing, nor was staff contacted by residents expressing support for or concern with the proposal. During the meeting, the Planning Commission expressed the following: Commissioner Alto asked if the applicant had ever intended to install nets. The applicant responded that after 60 days of operation they had determined that the nets were not needed. Commissioner Alto asked if the nets would prevent wildlife from entering the driving area. Staff clarified that the condition required that the nets be at least 4.5 feet above the ground and established a maximum height to ensure they did not interfere with migrating birds or terrestrial animals. The applicant noted that he believed the ground clearance requirement defeated the entire purpose of the nets. Commissioner Reeder asked why the applicant did not want to erect the nets. The applicant replied that they were an unnecessary expense with estimates of between $28,000 to $32,000 for the rear nets and $89,000 to $97,000 for the entire property. Commissioner Skistad said the 4.5­foot height requirement did not make sense and should be reviewed. Staff clarified that the condition represented a balancing act between minimizing the dispersal of golf balls and facilitating wildlife movement. Commissioner Reeder asked if the net requirement was from the 1998 IUP and, if so, if the applicant was aware of it. Staff stated that it was part of the original IUP and that the original IUP was provided to the applicant prior to their purchase of the property. Staff also noted that this condition was discussed extensively during the January 25, 2021 City Council meeting. Commissioner Reeder asked if the applicant was aware they would be required to install the nets. The applicant stated he was aware that it was a requirement, but that after operating the facility he determined that due to the distance between the bunkers and wetlands it was an unnecessary condition and an unneeded expense. The applicant acknowledged that when he purchased the facility he did not plan to erect the nets as, prior to closing, the driving range had operated without them. Commissioner Noyes asked if the DNR was concerned about the presence or absence of the nets. Staff replied that the DNR had not commented on the current request, but that his understanding was that in 1998 the City was primarily concerned about the wetland with the DNR focusing on animal migrations and wildlife impact. Commissioner Noyes stated that he felt the fact that the property had been out of compliance prior to closing should not be used to justify continued noncompliance. Commissioner Alto indicated that there was no proof that 10 years of operating without nets had not had an impact and that 60 days of being open was not enough data to conclude there was no risk to the wetlands. Commissioner von Oven asked it the applicant had purchased the property before receiving the IUP. The applicant stated that this was the case. Staff clarified that the applicant had met with staff before purchasing the property to go over the 1998 IUP and discuss if the City would support reissuing the IUP. Commissioner Noyes indicated that he was hesitant to require the installation of the nets without hearing from the DNR. Commissioner von Oven indicated that he felt the condition was not a surprise and should have been included in the CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectApprove a Request for an Amendment to the Interim Use Permit to Remove the ConditionRequiring the Installation of Driving Range NetsSectionNEW BUSINESS Item No: H.1.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: Planning Case No. 2021­02PROPOSED MOTION"The Chanhassen City Council denies the requested amendment to the conditions of Interim Use Permit #2021­02for a golf driving range, and adopts the attached Findings of Fact.OrThe Chanhassen City Council amends Condition 9 of Interim Use Permit #2021­02 to read “The applicant shallconduct a wetland delineation and install fencing along the wetland buffer south of driving range.”"Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting an amendment to the conditions of Interim Use Permit (IUP) 2021­02 to removeCondition 9 which requires the installation of driving range netting.A golf driving range previously operated on the site from 1998 to 2018 under IUP 1998­02. Since much of theproperty is located within a floodplain and the property has an extensive wetland, a conditional use permit and wetlandalteration permit were also required in order to facilitate the creation of a driving range on the site. After the initialpermits were issued, the original owner applied for and received a series of variances and Code amendments toexpand the operation. After the driving range closed in 2016 the original IUP expired.In August of 2020, the applicant reached out to staff to inquire about the possibility of reopening the driving range. OnAugust 24, 2020, the applicant met with staff to go over the process of applying for and receiving a new IUP. Duringthis meeting, staff provided the applicant with a copy of IUP 1998­02 and indicated that the conditions present in IUP1998­02 would likely be applied to the new IUP. While not explicitly discussed, the condition governing the installationof nets was present in this document.During the January 5, 2021 public hearing on the IUP, the net requirement was mentioned during the staff presentationof notable conditions and was listed on slide number 7 of the Power Point. The applicant did not comment on orobject to the condition during the public hearing.On January 11, 2021, the applicant contacted staff to express concern about the feasibility of installing the nets duringthe winter. Staff was reluctant to support allowing the facility to open without nets due to concerns over the potentialimpact to the wetlands; however, understanding that losing several months revenue would be extremely difficult for anew business, staff ultimately recommended that the condition be amended to allow until June 14 for the installation ofthe nets.During the January 25 City Council meeting, the City Council voted to approve IUP 2021­02 with the amendedcondition.In May, the applicant contacted staff to request that the condition requiring nets be lifted. Staff recommended that thecondition be upheld due to the fact that the exact position and extent of the wetlands and their buffer area is unknown.The nets help confine hit balls to the driving range area, and ensure a large separation between areas where equipment(mowers, ball pickers, etc.) are operated and the limits of the wetlands shown in the now expired 1998 delineation.Operation of equipment near wetlands and within buffer areas can degrade this transition zone which helps protectwetlands by removing sediment and other pollutants. There is also some concern that balls hit outside of the normalboundary of the driving range may be missed by hand pickers and end up carried by floodwaters into the wetlandsand Minnesota River. Since driving ranges often have nets to help limit the dispersal of golf balls and the applicant hadpreviously agreed to install the nets, staff felt that it was reasonable to retain the condition. On June 15, 2021 thePlanning Commission voted 4­2 to recommend that the City Council deny the applicant’s request to amend IUP2021­02.A more thorough analysis can be found in the attached staff report.BACKGROUNDThe subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying Cloud Driveintersection. The site is over 90 acres in area. The vast majority of the property is in the floodplain of the Minnesota River. This means the site is subject to periodic flooding.There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject site, whichencompasses adjacent properties that are under the jurisdiction of the Department of Natural Resources (DNR). Thesubject site is one of the few parcels not included in the Minnesota River “Raguet” Wildlife Management Area. This entireproperty has been identified as an area whose development pattern needs to be sensitive to the watershed, including thewetland and the creek.The subject property has gone through the public hearing process for a variety of reasons in the past and a full history canbe found in the attached staff report. A brief summary of the most recent City Council and Planning Commission actioncan be found below:On January 25, 2021, the City Council approved the following subject to conditions:Interim Use Permit 2021­02 to allow a golf driving range in the Agricultural Estate District (A2). This IUP wasessentially a reissued version the lapsed IUP 1998­02 with most conditions from the original IUP being carriedover.At the applicant’s request, the City Council amended Condition 9, which required the installation of drivingrange nets before commencing operations, to allow the applicant until June 14, 2021 to install the nets provideda $2,500 escrow was submitted to ensure that the nets were installed.On May 10, 2021, the Chanhassen City Council pass Ordinance 668 which:Extended the permitted hours of operation from 7:00 a.m. to 9:00 p.m.Allowed golf driving ranges to apply for and receive wine licenses in accordance with City Code and Statelicensing requirements.On May 14, 2021, the applicant submitted an application requesting that IUP 2021­02 be amended to removeCondition 9.On June 15, 2021, the Planning Commission held a public hearing to consider the applicant's request and voted 4­2 torecommend that the City Council deny the applicant’s requested amendment.No member of the public spoke during the public hearing, nor was staff contacted by residents expressing support foror concern with the proposal.During the meeting, the Planning Commission expressed the following:Commissioner Alto asked if the applicant had ever intended to install nets. The applicant responded that after 60 daysof operation they had determined that the nets were not needed.Commissioner Alto asked if the nets would prevent wildlife from entering the driving area. Staff clarified that thecondition required that the nets be at least 4.5 feet above the ground and established a maximum height to ensure theydid not interfere with migrating birds or terrestrial animals. The applicant noted that he believed the ground clearancerequirement defeated the entire purpose of the nets.Commissioner Reeder asked why the applicant did not want to erect the nets. The applicant replied that they were anunnecessary expense with estimates of between $28,000 to $32,000 for the rear nets and $89,000 to $97,000 for theentire property.Commissioner Skistad said the 4.5­foot height requirement did not make sense and should be reviewed. Staff clarifiedthat the condition represented a balancing act between minimizing the dispersal of golf balls and facilitating wildlifemovement.Commissioner Reeder asked if the net requirement was from the 1998 IUP and, if so, if the applicant was aware of it.Staff stated that it was part of the original IUP and that the original IUP was provided to the applicant prior to theirpurchase of the property. Staff also noted that this condition was discussed extensively during the January 25, 2021City Council meeting.Commissioner Reeder asked if the applicant was aware they would be required to install the nets. The applicant statedhe was aware that it was a requirement, but that after operating the facility he determined that due to the distancebetween the bunkers and wetlands it was an unnecessary condition and an unneeded expense. The applicantacknowledged that when he purchased the facility he did not plan to erect the nets as, prior to closing, the drivingrange had operated without them.Commissioner Noyes asked if the DNR was concerned about the presence or absence of the nets. Staff replied thatthe DNR had not commented on the current request, but that his understanding was that in 1998 the City wasprimarily concerned about the wetland with the DNR focusing on animal migrations and wildlife impact.Commissioner Noyes stated that he felt the fact that the property had been out of compliance prior to closing shouldnot be used to justify continued noncompliance.Commissioner Alto indicated that there was no proof that 10 years of operating without nets had not had an impactand that 60 days of being open was not enough data to conclude there was no risk to the wetlands.Commissioner von Oven asked it the applicant had purchased the property before receiving the IUP. The applicantstated that this was the case. Staff clarified that the applicant had met with staff before purchasing the property to goover the 1998 IUP and discuss if the City would support reissuing the IUP.Commissioner Noyes indicated that he was hesitant to require the installation of the nets without hearing from theDNR. Commissioner von Oven indicated that he felt the condition was not a surprise and should have been included in the business plan. Commissioner Alto stated that she didn’t feel they should set the precedent that one can use former noncompliance to justify continuing noncompliance. Commissioner Skistad stated that she did not feel the condition accomplished its goal of protecting the wetlands. She noted that it would have been better if this condition was addressed before the IUP was issued; however, she acknowledged that it was possible the owner needed to operate the business for a while to determine if it the condition was necessary. DISCUSSION The applicant has indicated that they feel the requirement for nets is unnecessary due to their belief that the wetlands start approximately 400 yards from the driving range’s bunkers, far beyond the range of that any golfer could hit a golf ball. They provided calculations from Trackman Technologies noting that the average total distance for an average golfer is 222 yards, and stated that driving range balls are expected to travel 5­10 yards less than this. For this reason, they feel that placing nets at 230 yards is unnecessary. Staff has provided a breakdown of average drive distances from Trackman that seems to indicate that at least some amateur golfers are capable of driving balls in excess of 230 yards; however, the impetus for the condition has less to do with the potential for a golfer to drive a ball directly into the wetland than it does with concerns over equipment (mowers, ball pickers, etc.) being operated in or near the wetland and its buffer. It is important to understand that the applicant’s estimate of where the wetlands start is unlikely to correspond to the actual boundary of the wetland. Wetlands cannot be determined solely by the presence or absence of a type of surface vegetation. A wetland delineator must examine a myriad of factors including flora, fauna, and soil characteristics to determine the extent and type of wetlands are present on a property. The last time a delineation was conducted on the property, the wetland boundary was identified as being approximately 275 yards from the proposed driving bunkers, 125 yards closer than where the applicant believes they begin. Wetlands shift characteristics and locations over time which is why delineations expire after three years. A new delineation would be required to determine the actual location of the wetland. One of the main reasons that staff did not require a new wetland delineation as part of the January IUP request was because staff believed the nets required in Condition 9 would limit ball dispersal and minimize the need for the operation of equipment past the 230­yard mark, providing a separation of 45 yards between the driving range’s operation and the last delineated wetland boundary. Preventing the occasional “lucky hit” from traveling far beyond where balls typically land and making its way via seasonal floods or other mechanism into the wetlands was also a consideration in requiring the nets. If the City Council determines that the costs of installing nets is disproportionate to the risk of equipment and balls impacting the wetlands, staff recommends that Condition 9 be amended to require a wetland delineation and the installation of a fence at the edge of the wetland buffer to prevent the operation of equipment within this sensitive ecological region. RECOMMENDATION Staff recommends that the City Council deny the applicant's request to remove Condition 9 from IUP 2021­02. Alternatively, if the City Council determines that Condition 9 is unduly burdensome: Staff recommends that the City Council amend IUP 2021­02 to replace the existing Condition 9 with a new condition requiring that the wetland be delineated and that a fence be installed along the wetland buffer to prevent the operation of equipment within the wetland. CITY COUNCIL STAFF REPORTMonday, July 12, 2021SubjectApprove a Request for an Amendment to the Interim Use Permit to Remove the ConditionRequiring the Installation of Driving Range NetsSectionNEW BUSINESS Item No: H.1.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: Planning Case No. 2021­02PROPOSED MOTION"The Chanhassen City Council denies the requested amendment to the conditions of Interim Use Permit #2021­02for a golf driving range, and adopts the attached Findings of Fact.OrThe Chanhassen City Council amends Condition 9 of Interim Use Permit #2021­02 to read “The applicant shallconduct a wetland delineation and install fencing along the wetland buffer south of driving range.”"Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting an amendment to the conditions of Interim Use Permit (IUP) 2021­02 to removeCondition 9 which requires the installation of driving range netting.A golf driving range previously operated on the site from 1998 to 2018 under IUP 1998­02. Since much of theproperty is located within a floodplain and the property has an extensive wetland, a conditional use permit and wetlandalteration permit were also required in order to facilitate the creation of a driving range on the site. After the initialpermits were issued, the original owner applied for and received a series of variances and Code amendments toexpand the operation. After the driving range closed in 2016 the original IUP expired.In August of 2020, the applicant reached out to staff to inquire about the possibility of reopening the driving range. OnAugust 24, 2020, the applicant met with staff to go over the process of applying for and receiving a new IUP. Duringthis meeting, staff provided the applicant with a copy of IUP 1998­02 and indicated that the conditions present in IUP1998­02 would likely be applied to the new IUP. While not explicitly discussed, the condition governing the installationof nets was present in this document.During the January 5, 2021 public hearing on the IUP, the net requirement was mentioned during the staff presentationof notable conditions and was listed on slide number 7 of the Power Point. The applicant did not comment on orobject to the condition during the public hearing.On January 11, 2021, the applicant contacted staff to express concern about the feasibility of installing the nets duringthe winter. Staff was reluctant to support allowing the facility to open without nets due to concerns over the potentialimpact to the wetlands; however, understanding that losing several months revenue would be extremely difficult for anew business, staff ultimately recommended that the condition be amended to allow until June 14 for the installation ofthe nets.During the January 25 City Council meeting, the City Council voted to approve IUP 2021­02 with the amendedcondition.In May, the applicant contacted staff to request that the condition requiring nets be lifted. Staff recommended that thecondition be upheld due to the fact that the exact position and extent of the wetlands and their buffer area is unknown.The nets help confine hit balls to the driving range area, and ensure a large separation between areas where equipment(mowers, ball pickers, etc.) are operated and the limits of the wetlands shown in the now expired 1998 delineation.Operation of equipment near wetlands and within buffer areas can degrade this transition zone which helps protectwetlands by removing sediment and other pollutants. There is also some concern that balls hit outside of the normalboundary of the driving range may be missed by hand pickers and end up carried by floodwaters into the wetlandsand Minnesota River. Since driving ranges often have nets to help limit the dispersal of golf balls and the applicant hadpreviously agreed to install the nets, staff felt that it was reasonable to retain the condition. On June 15, 2021 thePlanning Commission voted 4­2 to recommend that the City Council deny the applicant’s request to amend IUP2021­02.A more thorough analysis can be found in the attached staff report.BACKGROUNDThe subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying Cloud Driveintersection. The site is over 90 acres in area. The vast majority of the property is in the floodplain of the Minnesota River. This means the site is subject to periodic flooding.There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject site, whichencompasses adjacent properties that are under the jurisdiction of the Department of Natural Resources (DNR). Thesubject site is one of the few parcels not included in the Minnesota River “Raguet” Wildlife Management Area. This entireproperty has been identified as an area whose development pattern needs to be sensitive to the watershed, including thewetland and the creek.The subject property has gone through the public hearing process for a variety of reasons in the past and a full history canbe found in the attached staff report. A brief summary of the most recent City Council and Planning Commission actioncan be found below:On January 25, 2021, the City Council approved the following subject to conditions:Interim Use Permit 2021­02 to allow a golf driving range in the Agricultural Estate District (A2). This IUP wasessentially a reissued version the lapsed IUP 1998­02 with most conditions from the original IUP being carriedover.At the applicant’s request, the City Council amended Condition 9, which required the installation of drivingrange nets before commencing operations, to allow the applicant until June 14, 2021 to install the nets provideda $2,500 escrow was submitted to ensure that the nets were installed.On May 10, 2021, the Chanhassen City Council pass Ordinance 668 which:Extended the permitted hours of operation from 7:00 a.m. to 9:00 p.m.Allowed golf driving ranges to apply for and receive wine licenses in accordance with City Code and Statelicensing requirements.On May 14, 2021, the applicant submitted an application requesting that IUP 2021­02 be amended to removeCondition 9.On June 15, 2021, the Planning Commission held a public hearing to consider the applicant's request and voted 4­2 torecommend that the City Council deny the applicant’s requested amendment.No member of the public spoke during the public hearing, nor was staff contacted by residents expressing support foror concern with the proposal.During the meeting, the Planning Commission expressed the following:Commissioner Alto asked if the applicant had ever intended to install nets. The applicant responded that after 60 daysof operation they had determined that the nets were not needed.Commissioner Alto asked if the nets would prevent wildlife from entering the driving area. Staff clarified that thecondition required that the nets be at least 4.5 feet above the ground and established a maximum height to ensure theydid not interfere with migrating birds or terrestrial animals. The applicant noted that he believed the ground clearancerequirement defeated the entire purpose of the nets.Commissioner Reeder asked why the applicant did not want to erect the nets. The applicant replied that they were anunnecessary expense with estimates of between $28,000 to $32,000 for the rear nets and $89,000 to $97,000 for theentire property.Commissioner Skistad said the 4.5­foot height requirement did not make sense and should be reviewed. Staff clarifiedthat the condition represented a balancing act between minimizing the dispersal of golf balls and facilitating wildlifemovement.Commissioner Reeder asked if the net requirement was from the 1998 IUP and, if so, if the applicant was aware of it.Staff stated that it was part of the original IUP and that the original IUP was provided to the applicant prior to theirpurchase of the property. Staff also noted that this condition was discussed extensively during the January 25, 2021City Council meeting.Commissioner Reeder asked if the applicant was aware they would be required to install the nets. The applicant statedhe was aware that it was a requirement, but that after operating the facility he determined that due to the distancebetween the bunkers and wetlands it was an unnecessary condition and an unneeded expense. The applicantacknowledged that when he purchased the facility he did not plan to erect the nets as, prior to closing, the drivingrange had operated without them.Commissioner Noyes asked if the DNR was concerned about the presence or absence of the nets. Staff replied thatthe DNR had not commented on the current request, but that his understanding was that in 1998 the City wasprimarily concerned about the wetland with the DNR focusing on animal migrations and wildlife impact.Commissioner Noyes stated that he felt the fact that the property had been out of compliance prior to closing shouldnot be used to justify continued noncompliance.Commissioner Alto indicated that there was no proof that 10 years of operating without nets had not had an impactand that 60 days of being open was not enough data to conclude there was no risk to the wetlands.Commissioner von Oven asked it the applicant had purchased the property before receiving the IUP. The applicantstated that this was the case. Staff clarified that the applicant had met with staff before purchasing the property to goover the 1998 IUP and discuss if the City would support reissuing the IUP.Commissioner Noyes indicated that he was hesitant to require the installation of the nets without hearing from theDNR.Commissioner von Oven indicated that he felt the condition was not a surprise and should have been included in thebusiness plan.Commissioner Alto stated that she didn’t feel they should set the precedent that one can use former noncompliance tojustify continuing noncompliance.Commissioner Skistad stated that she did not feel the condition accomplished its goal of protecting the wetlands. Shenoted that it would have been better if this condition was addressed before the IUP was issued; however, sheacknowledged that it was possible the owner needed to operate the business for a while to determine if it the conditionwas necessary.DISCUSSIONThe applicant has indicated that they feel the requirement for nets is unnecessary due to their belief that the wetlandsstart approximately 400 yards from the driving range’s bunkers, far beyond the range of that any golfer could hit a golfball. They provided calculations from Trackman Technologies noting that the average total distance for an averagegolfer is 222 yards, and stated that driving range balls are expected to travel 5­10 yards less than this. For this reason,they feel that placing nets at 230 yards is unnecessary. Staff has provided a breakdown of average drive distancesfrom Trackman that seems to indicate that at least some amateur golfers are capable of driving balls in excess of 230yards; however, the impetus for the condition has less to do with the potential for a golfer to drive a ball directly intothe wetland than it does with concerns over equipment (mowers, ball pickers, etc.) being operated in or near thewetland and its buffer.It is important to understand that the applicant’s estimate of where the wetlands start is unlikely to correspond to theactual boundary of the wetland. Wetlands cannot be determined solely by the presence or absence of a type of surfacevegetation. A wetland delineator must examine a myriad of factors including flora, fauna, and soil characteristics todetermine the extent and type of wetlands are present on a property. The last time a delineation was conducted on theproperty, the wetland boundary was identified as being approximately 275 yards from the proposed driving bunkers,125 yards closer than where the applicant believes they begin. Wetlands shift characteristics and locations over timewhich is why delineations expire after three years. A new delineation would be required to determine the actuallocation of the wetland.One of the main reasons that staff did not require a new wetland delineation as part of the January IUP request wasbecause staff believed the nets required in Condition 9 would limit ball dispersal and minimize the need for theoperation of equipment past the 230­yard mark, providing a separation of 45 yards between the driving range’soperation and the last delineated wetland boundary. Preventing the occasional “lucky hit” from traveling far beyondwhere balls typically land and making its way via seasonal floods or other mechanism into the wetlands was also aconsideration in requiring the nets.If the City Council determines that the costs of installing nets is disproportionate to the risk of equipment and ballsimpacting the wetlands, staff recommends that Condition 9 be amended to require a wetland delineation and theinstallation of a fence at the edge of the wetland buffer to prevent the operation of equipment within this sensitiveecological region.RECOMMENDATIONStaff recommends that the City Council deny the applicant's request to remove Condition 9 from IUP 2021­02.Alternatively, if the City Council determines that Condition 9 is unduly burdensome:Staff recommends that the City Council amend IUP 2021­02 to replace the existing Condition 9 with a new condition requiring that the wetland be delineated and that a fence be installed along the wetland buffer to prevent the operation of equipment within the wetland. ATTACHMENTS: Staff Report Findings of Fact and Recommendation ­ PC Interim Use Permit #2021­02 Development Review Application Narrative Affidavit of Mailing IUP 1998­2 Site Plan and wetlands from 1998 Total Distance: Trackman Findings of Fact (Alternative) CITY OF CHANHASSEN PC DATE: June 15, 2021 CC DATE: July 12, 2021 REVIEW DEADLINE: July 13, 2021 CASE #: PC 2021-02 BY: MYW SUMMARY OF REQUEST: The applicant is requesting an amendment to Interim Use Permit (IUP) #2021-02 to operate a golf driving range on a property zoned “A2” – Agricultural Estate District. The applicant is requesting that the condition requiring netting at the back of the driving range be removed. LOCATION: 825 Flying Cloud Drive APPLICANT: Brian and Keri Colvin 14870 Maple Trail SE Prior Lake, MN 55372 PRESENT ZONING: “A2” – Agricultural Estate District 2040 LAND USE PLAN: Office/Agriculture ACREAGE: 97.75 acres LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the use standards outlined in the zoning ordinance. If the City finds that all the applicable use standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting an amendment to the conditions of the IUP to remove the requirement of the installation of netting at the south end of the driving range. PROPOSED MOTION: “The Chanhassen Planning Commission recommends denial of an amendment to the conditions of the Interim Use Permit #2021-02 for a golf driving range, and adopts the attached Findings of Fact and Recommendation.” 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 2 A golf driving range operated under IUP 1998-2 at 825 Flying Cloud Drive from 1998 to 2018 and was reinstated on January 25, 2021. Much of the property is located within a floodplain and has extensive wetlands. A Conditional Use Permit (CUP) and a Wetland Alteration Permit (WAP) were also required in order to prepare the site for the business. After the initial site plan and permits were approved in 1998, the original owner applied for and received a series of variances and amendments to expand the operation, including an amendment allowing for the sale of 3.2 percent malt liquor and the addition of a second story to the driving bunkers. The most recent variance and amendment was approved in 2016 and allowed for an 11,100-square foot addition to the club house. After the driving range closed in 2018, the IUP expired. The applicant purchased the property and requested that an IUP be issued to allow for the resumption of the business’s operations. The applicant did not propose any expansion or significant alterations to the existing facilities or grounds. Their intention is to operate the business in a manner substantially similar to what was previously present on site. They are aware that a golf driving range is an interim use and that the permit will terminate once municipal services are extended to the site. APPLICABLE REGULATIONS Chapter 19, Article III, Section 19-41, Connection Required Chapter 20, Article IV, Division 2, Section 20-232, General Issuance Standards Chapter 20, Article IV, Division 3, Section 20-259, Golf Driving Ranges Chapter 20, Article IV, Division 5, Interim Use Permits Chapter 20, Article V, Floodplain Overlay District Chapter 20, Article VII, Shoreland Management District Chapter 20, Article X, “A-2” Agricultural Estate District 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 3 BACKGROUND The subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying Cloud Drive intersection. The site is over 90 acres in area. The vast majority of the property is in the floodplain of the Minnesota River. This means the site is subject to periodic flooding. There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject site, which encompasses adjacent properties that are under the jurisdiction of the Department of Natural Resources (DNR). The subject site is one of the few parcels not included in the Minnesota River “Raguet” Wildlife Management Area. This entire property has been identified as an area whose development pattern needs to be sensitive to the watershed, including the wetland and the creek. The subject property has gone through the public hearing process for a variety of reasons in the past. On July 13, 1998*, the City Council approved the following (subject to conditions): • Site Plan #98-8 for a golf improvement center. • Interim Use Permit #98-2 which expires in the year 2020, to allow golf and driving range in the A2 District. • Conditional Use Permit #98-2 for alteration of a floodplain. • Wetland Alteration Permit #98-1. • First reading and waived the second reading of Code Amendment #98-1 to amend Section 20-265, Standards for Golf Driving Ranges to allow a retail pro shop. • Variance to allow the square footage of the office/clubhouse to be increased to 986 square feet. *On July 13, 1998, the City Council denied the request for extended hours of operation (Variance #98-1). On September 13, 1999*, the City Council approved the following, subject to conditions: • An amendment to City Code Section 10-55(b) to allow golf course driving ranges with permanent plumbing facilities to be eligible for a liquor license. • On-sale intoxicating sale 3.2 malt liquor license contingent upon receipt of the $280 license fee and the liquor liability insurance certificate. The licensed premises would include the clubhouse and outdoor brick patio, driving range, par-three course, and putting course. No beer would be allowed to be consumed in the parking lot area. • An amendment to Site Plan #98-8 to allow for an expansion of a second story to the driving bunkers for RSS Golf. On October 27, 2006, the City Council approved the following subject to conditions: 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 4 • An amendment to Site Plan #98-8 and Interim Use Permit #98-2 for the construction of an 11,100 square-foot addition to the principal structure. • A 10,300 square-foot building area variance from the 800 square-foot building area restriction for the golf driving range principal structure. • A variance for the use of steel paneling as a primary exterior material. On February 2, 2016, the previous site owner withdrew an application for the following: • An amendment to Site Plan #98-8, Interim Use Permit 98-2, and Conditional Use Permit 98- 2 to allow an outdoor recreation area for volleyball and horseshoes, upgrades to existing patio area, and a paintball course. • A variance to allow two monument signs that are non-compliant with City Code design standards, exceed the number of allowed signs, and exceed the maximum display area for signage in the Agricultural Estate District (A2). • An amendment to Chapter 11 and Chapter 20 of the City Code to allow paintball as an exempt firearm use and as an Interim Use in the Agricultural Estate District (A2). *Note: Staff was unable to find the files containing Site Plan 98-8, Interim Use Permit 98-2, Conditional Use Permit 98-2, Variance 98-1, and Wetland Alteration Permit 98-1. As a result, staff has relied on the background notes and research contained in the staff reports and files from Planning Cases 2006-30 and 2016-01. On January 25, 2021, City Council approved IUP #2021-02, which allowed the applicant to reopen the golf driving range subject to the conditions of the previous IUP. SITE CONSTRAINTS Bluff Creek Corridor 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 5 This is not located within the Bluff Creek Overlay District. Wetland Protection A wetland delineation was conducted and approved when the development originally went in. Because the function of the site is not changing, and that no impacts to the wetland or area adjacent to the wetland areas are anticipated, another wetland delineation will not be required. The wetlands on site are classified as preserve, meaning that they are considered high quality. However, the building, parking lot, and driving range are all located outside of the wetland area and its associated setbacks and buffers. Additionally, the use of the property will not negatively impact the wetland. The applicant is not proposing any other activities or alterations that are expected to impact the wetland. The Lower Minnesota River Watershed District has echoed the above noting that since no land- disturbing activities, drainage alteration, or fill is proposed, they have no concerns with the proposal. The watershed has advised that the applicant should familiarize themselves with watershed rules, and that if they decided at a future date to conduct any land disturbing activities, drainage alterations, or add fill, approval from the Watershed District will be required. In the event that the applicant decides any of the aforementioned activities are necessary, City approval would also be required. Bluff Protection There are no bluffs on the property. Shoreland Management Approximately 30,000 square feet of the northeastern most corner of the property is within the shoreland overlay district due to being within 300 feet of the centerline of a stream. A small section of the existing parking lot is located within this area; however, it is well clear of the overlay district’s 100-foot parking lot setback. No other portion of the shoreland management district’s ordinance would apply to the applicant’s proposal. The applicant is not proposing increasing the parking lot area or encroaching further towards the stream, and as such, the development is not anticipated to negatively impact the stream. 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 6 Floodplain Overlay This property is within the Minnesota River’s floodplain. The majority of the parcel is located within the Floodway District; however, the buildings are located outside of the one percent annual chance flood area and driving ranges are a permitted use within the Floodway District. The applicant is not proposing any activities or alterations that would require a Conditional Use Permit or which would be prohibited within the floodplain overlay district. ACCESS Due to the realignment of Great Plains Boulevard, the site no longer has access via a signalized intersection. While this is a change from the original conditions under which IUP 98-2 was issued, the site still has direct access via a right-in right-out access to Flying Could Drive. Staff believes this situation provides adequate access; however, Flying Could Drive is a county highway and the applicant will need to abide by any conditions set by Carver County. GRADING, DRAINAGE AND EROSION CONTROL The applicant is not proposing any grading, nor are they proposing any changes to the property’s drainage patterns. No alterations are proposed that are anticipated to require erosion control. LANDSCAPING The parking lot does not meet minimum requirements for landscaping. Currently, there are some mature evergreens near the parking lot, but six deciduous trees were required at the time of the original IUP. These required trees are not on site presently. Staff recommends that this condition be applied to the proposed IUP. ANALYSIS After the Planning Commission voted to recommend approval of the requested IUP on January 5, 2021, the applicant contacted staff to express concern over Condition 9 which states: “Driving range nets shall comply with previous recommendations from the DNR, including the condition that the nets be 4½ feet off of the ground.” The applicant stated that they did not believe they could install the nets until spring, and asked if they could operate the facility without the nets being in place. Condition 9 was amended to read: Driving range nets complying with pervious recommendations from the DNR shall be installed by June 14, 2021. A $2,500 escrow shall be provided to ensure that the nets are installed and that all stray golf balls are collected from the floodplain. This is the condition that the applicant now wishes to remove from the IUP. 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 7 The condition is intended to balance concerns over wildlife’s ability to transverse the property, hence the 4½ foot ground clearance, with the potential for stray balls ending up in the wetland or Minnesota River. Staff understands that few, if any, golfers would be able to hit a golf ball directly into the wetlands; however, the concern is that if the balls are not confined to the driving range area, they may not be picked up as they could land outside the areas in which ball pickers are operated. As the driving range area is within a flood plain, these balls could subsequently be transported by floodwaters into the river or preserve class wetland that boarders the driving range. As driving ranges typically feature nets to prevent stray balls from causing issues, staff does not believe the proposed condition is extraordinary or unreasonable. Since this condition is designed to mitigate a potential environmental impact of the driving range, staff is concerned that its removal or alteration could impact driving ranges ability to meet the standards required for issuing an IUP. Water Resources does not support amending the IUP to remove the condition requiring the installation of driving range nets. The original intention of the netting was to protect the wetland from golf balls, but also to protect the wetland and wetland buffer from being negatively impacted by machinery used to pick up the golf balls. The wetland buffer area provides a very important transition zone from upland habitat to wetland habitat. This area protects the wetland from erosion and helps remove sediment and other pollutants. City staff would be concerned with machinery being used extensively within the buffer and thus negatively impacting the area. In addition, while it might seem that the wetland area is a significant distance away from the netting, it can be difficult to determine the precise location or boundary of a wetland without a wetland delineation. While a wetland delineation was not required in this case, it should be noted that the wetland could exist much closer to nets than the traditional “wet” areas might seem. INTERIM USE PERMIT Interim uses are uses that the City believes are currently appropriate for an area, but will not be suitable in the future. Applicants wishing to receive an IUP must demonstrate that the use will not unduly impact adjacent parcels or the community and that it will be consistent with the intent of the Comprehensive Plan and zoning ordinance. The City can place reasonable and justifiable conditions on the permit in order to mitigate anticipated adverse impacts associated with a proposed use. The City can also revoke IUPs if the conditions of approval are violated. Standards for Issuing The standards for issuing an IUP for a golf driving range in an A2 district are listed below. Staff has written an assessment of the applicant’s proposal’s compliance in italics beneath each criterion. The proposed amendment does not comply with Condition 9 of the standards. 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 8 Sec. 20-232. - General issuance standards. The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permits only if it finds that such use at the proposed location: (1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. A golf driving range operated in this location for many years without incident. No portion of the applicant’s proposed use of the site differs significantly from the previous use, and no detrimental impacts are anticipated. (2) Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. The City’s Comprehensive Plan calls for the portion of this site outside of the floodplain to be rezoned for office use; however, the Comprehensive Plan allows for a parcel zoned at a less-intensive land use designation to retain its existing zoning until municipal services are available. Additionally, the City Code permits interim uses as a mechanism for allowing “a use that is presently acceptable but that with anticipated development will not be acceptable in the future.” Since the proposed use of the site is a temporary use of the site until sewer and water becomes available, it is consistent with the Comprehensive Plan and Chapter 20 of the City Code. (3) Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The previous golf driving range operated in this area for many years without incident. The applicant is proposing to utilize the existing facilities and their proposed use of the site does not differ significantly from the previous use. The existing facilities are in keeping with the existing character of the area, and resuming operations will not impact the area’s essential character. It is anticipated that once sewer and water becomes available, the site will redevelop in a manner compatible with the area’s intended character. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. Resuming operation of a golf driving range at this location will not be hazardous to or disturb the surrounding uses (a nursery/landscaping business and motel to the north and floodplain and open spaces to the west, south, and east) as there were no issues with the previous golf driving range. It is anticipated that once sewer and water become available, this site and the properties to the north will redevelop. (5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 9 provided by the persons or agencies responsible for the establishment of the proposed use. The pre-existing golf driving range was adequately served by the aforementioned public facilities and services and its private well and septic system. As the applicant’s proposed use is substantially similar to the previous use, no inadequacies are anticipated. (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The previous golf driving range did not created excessive requirements for public facilities and services, and was not detrimental to the economic welfare of the community. The applicant’s operation is not expected to create a strain on public resources and is good for the economic welfare of the community. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the community’s economic welfare. (7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. The conditions placed upon the permit ensure that the use of the property as a golf driving range will not impact adjoining properties or environmental resources in the manner described above. The previous golf driving range operated under broadly similar conditions for many years without incident, and resuming using the site as a golf driving range is not expected to negatively impact surrounding properties or environmental features. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The right-in right-out access to Flying Cloud Drive provides a vehicular approach which is not anticipated to create traffic congestion or interfere with traffic or surrounding public thoroughfares. (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The condition requiring netting is designed to mitigate a potential environmental impact of the driving range. The condition is intended to balance concerns over wildlife’s ability transverse the property, hence the 4½ ground clearance, with the potential for stray balls to end up in the wetland or Minnesota River. (10) Will be aesthetically compatible with the area. 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 10 The site and facilities are pre-existing and no significant alterations are proposed. Resuming the use of the site as a golf driving range will not alter or degrade the aesthetics of the area. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the area’s aesthetics. (11) Will not depreciate surrounding property values. The applicant has expressed their intention to maintain the site and facilities to a high standard. It is expected that an operational and well maintained business will do more to maintain the surrounding property values than a vacant building would have. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the area’s property values. (12) Will meet standards prescribed for certain uses as provided in this article. The applicant’s proposal meets the requirements of Sec. 20-259. – Golf Driving Ranges. Sec. 20-322. - General issuance standards. The Planning Commission shall recommend an interim use permit and the City Council shall issue interim permits only if it finds, based on the proposed location, that: (1) The use meets the standards of a conditional use permit set forth in Section 20-232 of the City Code. The proposed golf driving range meets the standards for the issuance of a conditional use permit. (2) The use conforms to the zoning regulations. The existing facilities and proposed use conform to the requirements of the City’s zoning code. (3) The use is allowed as an interim use in the zoning district. Golf driving ranges are a permitted interim use within the A2 zoning district. (4) The date or event that will terminate the use can be identified with certainty. The extension of the City sewer and water to the area is a clearly identifiable event that will trigger the termination of the IUP. (5) The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 11 The applicant is proposing to utilize existing facilities and no new structures or modifications are proposed for the site that would impose additional costs on the public, were it to become necessary for the public to take the property in the future. (6) The user agrees to any conditions that the City Council deems appropriate for permission of the use. Failure to agree to or violation of any of the conditions of approval will result in the revocation of the IUP. Sec. 20-259. - Golf driving ranges. The following applies to golf driving ranges with or without a miniature golf course: (1) The location of the driving range is limited to being adjacent to Trunk Highway 5 and County Road 61 (Flying Cloud Drive) and access must be from a collector or arterial which leads to Trunk Highway 5 or County Road 61 (Flying Cloud Drive). The property is located on Flying Cloud Drive, which was TH 212 at the time the ordinance was passed, and access is from Flying Cloud Drive which is classified as an arterial street. The City approved the driving range’s location in IUP 98-2 and Planning Case 2006-30. (2) Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The applicant is proposing the following hours of operation: These hours are the same as the hours that were requested and found to comply with this criterion as part of Planning Case 2006-30. (3) Provision of adequate parking areas and submission of a landscaping plan shall be in conformance with Article VIII of this chapter. Adequate parking areas are provided. The parking lot does not meet minimum requirements for landscaping; however, this deficiency can be remedied by requiring the applicant to plant six deciduous trees around the parking lot as a condition of approval. (4) No site shall be located within 500 feet of a single-family residence. There are no single-family residences within 500 feet of the driving range. 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 12 (5) Buildings on the site may not exceed 800 square feet and shall be painted in earth tones. Variances to exceed this standard were issues as part of Site Plan 98-8 and Planning Case 06-30. The existing buildings comply with the approved site plans and variances. (6) A retail pro shop is permitted. Only prepackaged food may be sold with no commercial cooking appliance allowed. A 3.2 malt liquor license is allowed provided the applicant applies for and receives approval of a liquor license in accordance with City Code. A wine license is allowed provided the applicant applies for and receives approval of a wine license in accordance with City Code and state licensing requirements. Retail sales are limited to food, beverages, and golf related items. The applicant is proposing selling prepackaged pizzas and has applied for a 3.2 malt liquor and a wine license; both of these activities conform to the requirements of this standard. All other merchandise will be limited to golf-related items or other prepackaged foods as permitted by this condition. Termination As was noted earlier, IUPs are intended to grant temporary use of a property until changing circumstances render that use undesirable. The City Code requires that either a specific date or event be identified that will cause the IUP to be terminated. The ordinance also specifies that IUPs terminate if the conditions of approval are violated, the City’s zoning regulations change to render the use nonconforming, or the property is subdivided. In this case, the City permits golf driving ranges as an IUP as a way to provide reasonable use of certain properties zoned A2 until sewer and water become available and the City’s long-term land use plan for the area can be realized. The City’s 2040 Land Use Plan guides 825 Flying Cloud Drive occupied by the golf driving range’s structures for Office Use; however, Section 2.13.3 of the City’s Comprehensive Plan allows for parcels to retain their current zoning and less-intensive land use designation until urban services become available. Once urban services are available, both the City’s Comprehensive Plan and intent of the IUP ordinance require that the interim use ends in order to allow for the property to redevelop in the intended manner. Staff considers urban services to be available once the required connection criteria stipulated in Section 19-41 of the City Code are met. Section 19-41 states that properties are required to connect to City sewer when the system is extended to an adjacent premise, the same block, or within 150 feet of the property. This section of the City Code requires the connection be made within 12 months of any of the above criteria being met. As applied to this property, staff would consider the criteria to be met once the sanitary sewer was extended to the parcels to the north, 850 and 780 Flying Cloud Drive. In order to meet the requirements of the interim use ordinance, staff will add a clause to the permit stating that the IUP will expire 12 months after the parcels to the north connect to City sewer. 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 13 Conditions of IUP #2021-02 1) This IUP will terminate 12 months after the parcels to the north across Flying Could Drive, 850 Flying Cloud Drive and 780 Flying Could Drive, connect to City sewer. 2) Prior to resuming operations, the property owner must schedule an inspection of the property to verify that the property meets building, accessibility, and property maintenance codes. The property owner must provide the inspector access to the interior and exterior areas of the property. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 3) Property owner must provide evidence that a septic compliance inspection took place at the time of sale. This evidence must show that requirements of Carver County Ordinance Section 52.199 were followed at the time of property transfer. If no septic compliance inspection occurred, a compliance inspection must be conducted and any deficiencies correct. 4) Prior to resuming operations, a fire inspection must be conducted. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 5) No development, grading, or expansion of the site is permitted beyond what was approved under Interim Use Permit 98-2, Conditional Use Permit 98-2, Wetland Alteration Permit 98-1, and Site Plan 98-8, as restated and amended. 6) The applicant must improve the existing rain garden within the proposed swale on the north and west side of the proposed addition. Improvements should include plantings such as trees, shrubs, and perennials. A landscape plan should be submitted to the City for approval. Minor grading may also be necessary to ensure the rain garden functions properly. 7) A minimum of 45 landscape trees (all existing trees) must be maintained within the developed area (from back of building north up to right-of-way). 8) Six over story deciduous trees must be planted around the parking lot. 9) Driving range nets shall comply with previous recommendations from the DNR, including the condition that the nets be 4½ feet off of the ground. 10) A pesticide and fertilizer maintenance program shall be submitted to the city by April 1 of each year. Storage of all chemicals shall be outside of the floodplain. 11) The property owner shall be responsible for maintenance of the storm drainage improvements (ponds and ditches). Failure to properly maintain the storm drainage improvement shall give the City the right to hire out the work and bill the applicant and/or revoke the IUP. 12) The property owner shall submit an access permit application to Carver County Public Works. 13) Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 825 Flying Cloud Drive (Golf Zone) IUP 2021-02 June 15, 2021 Page 14 14) Any further site development or land alterations that occur within the floodplain or near the wetland may require additional approvals or permitting. Any change to the site must be approved and properly permitted. 15) The property owner shall apply for and obtain permits from the appropriate regulatory agencies, as necessary, i.e. City of Chanhassen, Carver County, Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. UTILITIES City utilities are not available at present to the property. A private well and septic system provide adequate water and sewer service. Once urban services are extended to the parcels to the north, the IUP will terminate within 12 months. RECOMMENDATION Staff recommends that the Planning Commission recommend that City Council deny the amendment to the Interim Use Permit 2021-02 conditions of approval, and adopts the attached Findings of Fact and Recommendation: ATTACHMENTS 1. Findings of Fact and Recommendation 2. Interim Use Permit #2021-02 3. Development Review Application 4. Narrative 5. Affidavit of Mailing g:\plan\2021 planning cases\21-02 825 flying cloud dr - golf zone\june 15 ph - amendment to iup for nets\golf zone iup amendment staff report.docx I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Brian and Keri Colvin for an amendment to Interim Use Permit #2021-02 to remove the requirement of the installation of netting at the south end ofthe driving range. On June 15,2021,the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Brian and Keri Colvin for an amendment to the interim use permit to remove the requirement ofthe installation ofnefting at the south end ofthe driving range for the property located at 825 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed conditional use as was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is curently zoned Agricultural Estate Disrict, A-2. The property is guided by the Land Use Plan for Agriculture and Office uses. The legal description of the property is: S on20-232: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare ofthe neighborhood or the city. A golf driving range operated in this location for many years without incidenl. No portion of the applicant's proposed use of the site dffirs significantly from the previous use, and no detrimental impacts are anticipaled. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. The City's Comprehensive Plan calls for the portion of this site outside of the floodplain to be rezonedfor ffice use; however, the Comprehensive Plan allows for a parcel zoned at a less-intensive land use designalion to retain ils existing zoning until municipal services are available. Additionally, the City Code permits interim uses as a mechanism for allowing "a use that is presenlly acceptable but that with anlicipated developmenl will not be acceptable in lhe future. " Since the proposed use of the site is a temporary use of the site until sewer and water becomes available, il is consistent wilh the Comprehensive Plan and Chapter 20 of the City Code. 2 3 4 I c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character ofthe general vicinity and will not change the essential character of that area. The previous golf driving range operated in lhis area for many years without incident. The applicant is proposing to utilize the existing facilities and their proposed use of the site does not differ signilicantly from the previous use. The existing facilities are in keeping with lhe existing characler of the area, and resuming operations will not impact the area's essential characler. It is anticipated that once sewer and water becomes available, lhe site will redevelop in a manner compatible with the area's intended choracter. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment ofthe proposed use. The pre-existing golf driving range was adequately served by the aforementioned public facilities and services and its private well and septic system. As the applicant's proposed use is substantially similar to the previous use, no inadequacies are anticipoled. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The previous golf driving range did not crealed excessive requirements for public facilities and services, and was not detrimental to lhe economic welfare of the communily. The applicant's operation is not expected to create a strain on public resources and is goodfor the economic welfare of the community. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the community's economic welfare. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production oftraffic, noise, smoke, fumes, glare, odors, rodenB or trash. The conditions placed upon the permil ensure thot the use of the property as a golf driving range will nol impact adjoining properties or environmenlal resources in the manner described above. The previous golf driving range operated under broadly similar conditions for many years without incident, and resuming using the site as a golf driving range is not expected to negalively impact sutounding properties or environmenlal features. Resuming operation of a golf driving range at this location will not be hazards to or disturb the surrounding uses (a nursery/landscaping business ond molel lo the north andJloodplain and open spaces to the west, south, and easl) as lhere were no issues with the previous goV driving range. It is onticipated that once sewer and water become available, this site and the properties to the north will redevelop. h. Will have vehicular approaches to the property which do not create traffic congestlon or interfere with traffic or surrounding public thoroughfares. The right-in right-out access to Flying Cloud Drive provides a vehicular approach which is not anticipated to credte trafrc congestion or interfere wilh trafic or surrounding public thoroughfares. i. Will not result in the destnrction, loss or damage of solar access, natural, scenic or historic features of major significance. The condition requiring netting is designed to mitigate a potential environmental impact of the driving range. The condition is intended to balance concerns over wildlife's ability transverse the property, hence the 1t/: ground clearance, with the potential for stray balls ending up in the wetland or Minnesola River. j.Will be aesthetically compatible with the area. The site and facilities are pre-existing and no significant alterations are proposed. Resuming the use of the site as a golf driving range will not alter or degtade the aesthetics of the area. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the area's aeslhetics. k. Will not depreciate surrounding property values. The applicant has expressed their intention to maintoin the site andfacilities to a high standard. It is expected that an operalional and well maintained business will do more to maintain the sutounding property values than a vacant building would have. Since the proposed use is temporary, granting lhe permit will not preclude future development to the detriment of the area's properly values. l. Will meet standards prescribed for certain uses as provided in this article. The applicant's proposal meets the requirements ofSec. 20-259. - Golf Driving Ranges a. The use meets the standards ofa conditional use permit set forth in seclion 20-232 of the City Code. The proposed golf driving range meets the standards for the issuance of a conditional use permit. b. The use conforms to the zoning regulations. The existing facilities and proposed use conform to the requirements of the City's zoning code. J 5. The Planning Commission shall recommend an interim use permit and the City Council shall issue interim permits only if it finds, based on the proposed location, that: c. The use is allowed as an interim use in the zoning district. Golf driving ranges are a permitted interim use within the A2 zoning district. d. The date or event that will terminate the use can be identified with certainty. The extension of the City sewer and water to the area is a clearly identiJiable event that will trigger the termination of the IUP. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The applicant is proposing lo utilize existing facilities and no new structures or modifications are proposedfor the site thal would impose additional costs on the public, were it to become necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Failure to agree to or violation of any of the conditions of approval will result in the revocation of the IUP. The plaruring report#2021-02 dated June 15,2021, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council deny the amendment to the interim use permit condition removing Condition 9. Driving range nets shall comply with previous recommendations fiom the DNR, including the condition that the nets be 4% feet offof the ground and direct the applicant to install the netting. ADOPTED by the Chanhassen Planning Commission this 15th day of June, 2021. CHANHASSEN PLANNING COMMISSION BY: Mpar 1o"5 a,/6-J r {t4r- CP41n'rconJ g:\plan\202 I planning cases\2 I {2 825 flying cloud d. - golf zone\june I 5 ph - amendmenl to iup for nets\findings of fa.t-docx l 6. CAMPBELL KNUTSON PROFESSIONAL * ASSOCIATION February 9, 2021 Roger N. Knutson Ms. Jean StecklingElliottB. Knetsch Joel J.Jamnik City of Chanhassen Andrea McDowell Poehler 7700 Market Boulevard Soren M.Mattick P.O. Box 147 David S. Kendall Chanhassen, MN 55317 Henry A.Schaeffer,Ill Alina Schwartz Shana N. Conklin Re: Miscellaneous Recordings James J.Monge,III Jerome M. Porter Dear Ms. Steckling:Leah C.M. Koch Meagan K. Kelley Please find enclosed, for the City's files, the following documents which have been Thomas J. Campbell*erecorded with Carver County: Retired 1.Interim Use Permit 2021-03 recorded February 3, 2021 as document number A716938; 2.Interim Use Permit 2021-02 recorded February 5, 2021 as document number A717108; 3.Variance 2021-07 recorded February 2,2021 as document number T217799; 4.Variance 2021-06 recorded February 2, 2021 as document number A716771; 5.Variance 2021-05 recorded January 20, 2021 as document number T217577; 6.Variance 2021-01 recorded January 20, 2021 as document number A715721. Thank you. Very truly yours, CITY OF CHANHASSEN CAMPBELL KNUTSON RECEIVED Professional Association FEB 1 2 2021 11101 CHANHASSEN PLANN ING DEFT Jean •Ison,1e.. Ass' • t ijmo Enclosures 200786v5 Document Number:A717108 Filed and/or Recorded on Feb 5, 2021 12:24 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy KL Document Recording Fees 46.00 Document Total 46.00 Requesting Party: City of Chanhassen Pages: 4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT#2021-02 1. Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen hereby grants an Interim Use Permit for the operation of a golf driving range. 2. Property. The permit is for the following described property("subject property")in the City of Chanhassen,Carver County,Minnesota: The East half of the Southeast Quarter(E '/2 of SE 'A)of Section 35,Township 116 North of Range 23 West, excepting therefrom one half('/2)acre in the Northeast Corner,being all that part lying North of the Chaska and Shakopee Road,also the North 26 acres of the Northwest Quarter of the Southeast Quarter(N 26 A of NW 'A of SE 'A)of Section 35, Township 116,Range 23, containing in all 105.50 acres; also excepting therefrom the following described parcel of land, to-wit: Commencing at a point in center line East and West of Section 35,Township 116 North, Range 23 West which point bears West 30 rods from the Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 35,thence West 50 rods to the Quarter post, thence South on the Quarter line 40 rods to the Shakopee Road,thence Northeasterly along said road to place of beginning situated in the Northwest Quarter of the Southeast Quarter of Section 35,Township 116,Range 23 and containing 6 acres of land less the amount sold to the State of Minnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 23, 1924 and filed for record in the office of the Register of Deeds in and for Carver County,Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 5; also: Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 28, 1924 and filed for record in the office of the Register of Deeds in and for Carver County,Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 6. 3. Conditions. The permit is issued subject to the following conditions: 1 1) This Interim Use Permit will terminate 12 months after the parcels to the north across Flying Cloud Drive, 850 Flying Cloud Drive and 780 Flying Cloud Drive, connect to city sewer. 2) Prior to resuming operations, the property owner must schedule an inspection of the property to verify that the property meets building, accessibility, and property maintenance codes. The property owner must provide the inspector access to the interior and exterior areas of the property. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 3) Property owner must provide evidence that a septic compliance inspection took place at the time of sale. This evidence must show that requirements of Carver County Ordinance Section 52.199 were followed at the time of property transfer. If no septic compliance inspection occurred, a compliance inspection must be conducted and any deficiencies correct. 4) Prior to resuming operations, a fire inspection must be conducted. All health and safety items noted during the inspection must be corrected prior to reopening, and any remaining items will need to be addressed by the dates noted on any compliance letters that result from the inspection. 5) No development, grading, or expansion of the site is permitted beyond what was approved under Interim Use Permit 98-2, Conditional Use Permit 98-2,Wetland Alteration Permit 98-1, and Site Plan 98-8,as restated and amended. 6) The applicant must improve the existing rain garden within the swale on the north and west side of the addition. Improvements should include plantings such as trees, shrubs, and perennials. A landscape plan should be submitted to the city for approval. Minor grading may also be necessary to ensure the rain garden functions properly. 7) A minimum of 45 landscape trees (all existing trees)must be maintained within the developed area(from back of building north up to right-of-way). 8) Six over-story,deciduous trees must be planted around the parking lot. 9) Driving range nets complying with pervious recommendations from the DNR shall be installed by June 14,2021. A$2,500 escrow shall be provided to ensure that the nets are installed and that all stray golf balls are collected from the floodplain. 10)A pesticide and fertilizer maintenance program shall be submitted to the city by April 1 of each year. Storage of all chemicals shall be outside of the floodplain. 11)The property owner shall be responsible for maintenance of the storm drainage improvements(ponds and ditches). Failure to properly maintain the storm drainage 2 improvement shall give the city the right to hire out the work and bill the applicant and/or revoke the Interim Use Permit. 12)The building must be painted in earth tones. 13)The property owner shall submit an access permit application to Carver County Public Works. 14)Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. 15)Any further site development or land alterations that occur within the floodplain or near the wetland may require additional approvals or permitting. Any change to the site must be approved and properly permitted. 16)The property owner shall apply for and obtain permits from the appropriate regulatory agencies, as necessary,i.e. City of Chanhassen, Carver County,Lower Minnesota River Watershed District,Minnesota Pollution Control Agency,Minnesota Department of Natural Resources,and Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 4. Termination of Permit. The city may revoke the permit following a public hearing for the following: 1) Violation of the conditions under which the permit was issued. 2) Upon change in the city's zoning regulations which renders the use nonconforming. 3) Upon the subdivision of the property or the alteration of the lot lines of the property. 4) The interim use is discontinued for six months. 5) City sewer is extend to the parcels to the north as described in Condition 1. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced,this permit shall lapse,unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. 3 Dated: January 25, 2021 CITY OF CHANHASSEN Elise Ryan, Mayor lj'Q e Heather Johnston, terim City Manager STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) 51dayTheforegoinginstrumentwasacknowledgedbeforemethis of el Lre_ar ,, 2021,by Elise Ryan,Mayor,and Heather Johnston,Interim City Manager,of the City of Chanhasn, a Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by its City Council. otary Publi DRAFTED BY: City of Chanhassen KIM T. MEUWISSEN 7700 Market Boulevard ls, NotaryPublic-MinnesotaessicriExpiresn31,2025 P.O. Box 147 Chanhassen, MN 55317 952)227-1100 4 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division —7700 Market Boulevard CITY OF C}IANI{ASSNMailingAddress—P.O. Box 147, Chanhassen, MN 55317 00Phone: (952) 227-1100/ Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date: tel 11,D I CC Date:Ll I L( l 2-1 60-Day Review Date: Section 1: Application Type (check all that apply) Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment 600 LI Subdivision (SUB) Minor MUSA line for failing on-site sewers $100 Create 3 lots or less 300 Create over 3 lots 600 +$15 per lot Conditional Use Permit(CUP)lots) Single-Family Residence 325 Metes&Bounds(2 lots) 300 All Others 425 Consolidate Lots 150 Interim Use Permit(IUP) Lot Line Adjustment 150 jil- Final Plat 700 In conjunction with Single-Family Residence..$325 All Others 425 Includes$450 escrow for attorney costs)* Additional escrow may be required for other applications through the development contract. Rezoning (REZ) Planned Unit Development(PUD) 750 Vacation of Easements/Right-of-way (VAC) $300 Minor Amendment to existing PUD 100 Additional recording fees may apply) All Others 500 Variance (VAR) 200 Sign Plan Review 150 Wetland Alteration Permit(WAP) Site Plan Review(SPR) Single-Family Residence 150 Administrative 100 All Others 275 Commercial/Industrial Districts* 500 Plus$10 per 1,000 square feet of building area: Zoning Appeal 100 thousand square feet) Zoning Ordinance Amendment(ZOA) 500 Include number of existing employees: Include number of new employees: Residential Districts 500 NOTE: When multiple applications are processed concurrently, Plus$5 per dwelling unit (units) the appropriate fee shall be charged for each application. Notification Sign (city to install and remove) 200 Property Owners' List within 500' (City to generate after pre-application meeting)3 per address addresses) Escrow for Recording Documents(check all that apply)50 per document Conditional Use Permit Interim Use Permit Site Plan Agreement Vacation Variance Wetland Alteration Permit Metes& Bounds Subdivision (3 docs.)Easements( easements) Deeds TOTAL FEE: Section 2: Required Information Description of Proposal: Amend iup conditions Property Address or Location: 825 Flying cloud dr. Chaska, MN 55318 Parcel#:Legal Description: east half of southeast quarter of section35 Total Acreage:98.10 Wetlands Present? WI Yes No Present Zoning: Agricultural Estate District(A2) 0 Requested Zoning: Select One Present Land Use Designation: Agriculture 0 Requested Land Use Designation: Agriculture 0 Existing Use of Property: Driving Range OCheck box if separate narrative is attached. SCANNED Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees,feasibility studies, etc.with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email:Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees,feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Brian Colvin Contact: Address: 14870 maple trail se Phone: City/State/Zip:prior lake, MN 55372 Cell: 651)558-7882 Email: golfzone24@gmail.com Fax: Signature: C Date: 5/25/20 This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email:Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: Property Owner Via: ,fg Email Mailed Paper Copy Name: Applicant Via: Email Mailed Paper Copy Address: Engineer Via: Email Mailed Paper Copy City/State/Zip: Other* Via: Email Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields,then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing.SAVE FORM PRINT FORM SUBMIT FORM Golf Zone is asking to amend the request of netting at the back of its driving range and operate as they have for the last 60 days. The netting is asked to be put up at 230 yards to stop balls from entering the wetlands, which start at 400 yards away. We have had over 6000 golfers hit over an estimated 10 million balls in the last 60 days and 100% have not exceeded 300 yards. Many facts will explain why hitting over the 300 yard mark doesn't happen. The average golfer who hits his driver, which is the longest club in the golf bag averages a 208 yard carry which will have a total distance of 222 yards versus a PGA tour player who has a 275 yd carry and a 305 yd total, (facts taking from Trackman Technologies) therefore either player would not be able to make it to the wetlands from the hitting area. Also, the use of driving range balls which are only a one piece ball that has less dimples and inner core which travels 5-10 yards less versus a real golf ball that is a four or five piece ball and when hit in colder temperatures has a one yard loss for every ten degrees in change, which means during our winter hours our range balls are travel an additional 4-7 yards less, making it impossible to reach the wetland area. Furthemore, balls are 100% clean picked on a daily basis by machine and hand. We have two machines picking and 5-6 employees walking the range with ball pluggers to pick what the machine can not. In addition, this business had operated for 10 years without the use of nets and when the site visit was conducted in 2020, they were unable to find one single ball. This was stated in the Jan 5 planning commission minutes when the site visit was completed in the fall of 2020 by city staff members, to which they stated: o "We looked around for golf balls to see if any were still lying around and couldn't find any." o "The wetland boundary is located well off where most people are capable of hitting the golf ball." Finally, As an avid outdoorsman and for the concern of the wildlife, if I had any evidence proving that the range balls would invade the wetland area and prove to be detrimental to our wildlife, the Golf Zone would not contest the need for nets. CITV OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COI.JNTY OF CARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on June 3, 2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of a Public Hearing to consider a request for an imendment to the Interim Use Permit to remove the condition requiring the installation of driving range nets on property located at 825 Flying Cloud Drive (Golf Zone), zoned Agricultural Estate District (A2), Planning Case No. 2021-02' to the persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. Kim uwlssen.Deputy lerk Su thi m to before me (Seal) bscribed and *:lr-J auy o 2021. Notary Public JAfl M This map as neith€r a legally Ecorded map nor a suNey and is not inEnded lo be used as one. This map is a corndhtion of Ecords. intormaton and datra located in varDus cily, (r)unty, state and federal ofices and olh€r sources reoading the area 3horn, and is to be us€d for reElence purpos€s only. The City does not vrarant that the Geographic hformation System (GlS) Oata used to prepae d s map are eno.lree, and the City does not Epresenl that the GIS Data cln be used for navigatoml, tracking o. any other puQoge requidno exacljng [leasuGment of dbliance or di€ction or precisioo in the dericlion ol g€ooraphic Gatures. The precedino disdaimer b povided pursuant to Minnesota StaMes y66.03, Subd 21 (2000), and lhe user ol this map acloot{edg€s that lhe city shall not be liaue tor any damag6, and ergl€gtly weives all daims. and aqrces to deEnd. indemnify, and hoid haml$s the City lrom any ard all cJaams brought by Use.. rts employees or aoen$, or thad panies which arige out of the use/s access or uge of data provided. DircLir!a. This map i5 neither a leoally recoftled map nor a survey and is not inten(hd to be w€d as one. This map ia a compilation of .ecord3, anfonnalion and data located in various cjty county, gtate and €deral ofices and other soorces regading the area 3hown, and i9 to be used br reElence purpoces only. The Crty doe3 rlot warrant that the Geooraphic lnbmation Systom (GlS) Data used to p.epare this map a.e enor free. and tne Crty does not leprese.lt th€t the GIS Oata can be used for navigational. tacLng oa any olher porpose requiring oracling measuEmenl of dastance or dircction or preclslon in the depidon ol gEographic balures. me prete<ling dasdaimer is provided puBuant to Minn6ota Statnes 5466.03. Subd. 21 (2000). and the user of this map acloorvl€dgps tlat the City shall nol be liable fo. any damag€s, and erpE3sly saives all daims, and agree to (btend, indemnify, and hold haml6s the Clty ttom any and all daims brooght by User, ib eftployees or agents, or fId padies wtliai atBe od of tlle usefs access or use of data p.ovided. .r-i L.) rilri .\, L. tr I t F-l G"e,7r rtl I .\ *' co6.D9c.=.96acOEo:^6ol.=cl EEI5EIpEl CEI Egldal cEl ;ct atr(l)l d3laoliEl oLt ogt- !lE ;la;t ; Els:> 9E x-rDoirE f f e.P, ;lE c aE$EHAEEsE,r €lll .E o o FE kl oru()E IEElgss*tsvol-cootE,r;ftg:;E T.8EEgEEEEE EfE\ 3 x:6= E = Er m=i:? f; af;iH; aEE 5 E 6 9A<r H$FEEI$i .9tl,oIDo,cic'zooEoEo)od, ii6(!(,oc(,(!qc8 =!Ott 1tslJ 6':8.(5(, i-> 8,-, =ciooto6to;iooo G GE IJ '-,:.J:i; o!ooE;:oF!3qtoo-obt- o$Ec!+ xo- r, .E f!D ;.s(Eb ag p2d)o)([=ooF-F.uic)-o Eo -c,(,) c = O (5 I obltcr.9E@6Ea-- qt<:cvq.g!sg3etr5:= EE -c.2E(l)=bc9F.9 6rf,=<iPurtr;0) E B,€ I9ticl0 c9Eor.9P69s .ncc3E=O(LE c.; o c)Y od co d) doL9ENHoEoboP.2c O=rE 3gOF O'ECc'=-9 tr6,otN-o< 9ar- 0,ze g€pgE Ei,E€ .38 EEEPe H 3e E? o- - o--c -o E':.E 9E, 9: = 6:a:iEE gE+!EEsP !sE;IE F: HEEE E*EB ;iEgs l(tr= .z ([.^ tr .o ar- - .no-:i ori gIE: , fgE5Ear; qr(! 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Request for Site Plan Approval. The Developer has asked the City to approve a site plan for (referred to in this Permit as the "project"). The land is legally described as shown on attached Exhibit A. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Site Plan stamped “Received September 12, 2006, prepared by Anderson Engineering of Minnesota, LLC. Plan B: Landscaping Plan stamped “Received September 12, 2006, prepared by Anderson Engineering of Minnesota, LLC. Plan C: Grading, Drainage, and Erosion Control Plan dated March 13, 1998, revised August 18, 1998 prepared by Roger A. Anderson and Associates. Plan D: Floor Plan and Exterior Elevation stamped “Received August 4, 2006” prepared by Structural Buildings, Inc. 2 4. Time of Performance. The Developer shall install all required screening and landscaping by November 31, 2007. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank or cash escrow ("security") in the amount of $3,300 ($1,650 for erosion control and $1,650 for landscaping). This amount has been calculated at 110% of the actual cost to guarantee erosion control, landscaping and site restoration. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Rain, Snow or Shine Golf, LLC 825 Flying Cloud Drive Chaska, MN 55318 Phone: 952-445-1500 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Blvd., P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Approved Site Plan #98-8 for a golf improvement center, including Interim Use Permit #98-2 which expires in the year 2020, to allow golf and driving range in the A2 District, and a Conditional Use Permit #98-2 for alteration of a flood plain as shown on the plans dated June 22, 1998, and amended Site Plan and amended Interim Use Permit #98-2, Planning Case #2006-30, for the construction of an 11,100 square-foot addition to the principal structure requiring a 10,300 square-foot building area Variance from the 800 square-foot building area restriction for the golf driving range principal structure and a second variance request for the use of steel paneling as the primary exterior material as shown on the plans prepared by Structural Buildings Inc. stamped “Received August 4, 2006” and as shown on the plans prepared by Anderson Engineering of Minnesota, LLC stamped “Received September 12, 2006” and subject to the following conditions: a. The building shall be painted brown. b. Lighting of the site will be limited to security lighting and parking lot lighting per city ordinance. Landscaping should be placed on the eastern side of the parking lot to screen the lot. c. Signage shall be as per City Code section 20 Article XXVI. d. The applicant will be required to plant 45 trees as replacement plantings within the proposed development. A landscape plan must be submitted to the city for approval. 3 e. Landscape plan shall be revised to include 3 landscaped islands or peninsulas and 6 overstory trees for the parking lot. f. The applicant will be responsible for applying for and obtaining changes to the FEMA flood plain maps to reflect developed conditions. The applicant shall further define, graphically, the proposed flood plain boundary and provide justification for the changes. g. The nets shall comply with the recommendation of the DNR, including the condition that the nets be 4 ½ feet off the ground. The most westerly net shall be modified to change from 50 feet to 20 feet. h. The chemicals to be applied should be consistent with the program submitted by the applicant. Storage of all maintenance equipment and chemicals shall be out of the flood plain. i. MnDOT is recommending that the driveway be widened. A permit from MnDOT is required. j. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. k. The applicant shall provide detailed storm drainage calculations for the ponds and ditch during 10-year and 100-year, 24-hour storm events in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall also provide normal water level and high water level elevations of the created ponds and/or ditches. l. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. m. No berming, drainage improvements or landscaping will be allowed within Trunk Highway 212 right-of-way. n. The plans shall be modified as follows: 1. The existing well shall be located and shown on the plans. 2. Relocate rock construction entrance south at a point where the existing driveway will be altered/reconstructed. 3. Demonstrate where and how much filling and excavating will occur within the flood plain, i.e. quantities of each activity. 4. Show normal and high water elevation of each pond. 4 5. Add silt fence downstream of proposed berms and practice green No. 1 in the northwest corner of the site. 6. Provide temporary and/or permanent erosion control measures around sediment pond in northeast corner of the site. 7. Incorporate MnDOT's comments regarding widening of the driveway at Trunk Highway 212 and right-of-way identification per letter dated May 21, 1998. 8. Locate alternative mound site and preserve from construction activities. 9. Add landscape islands in parking lot. 10. Add curbs along north side of parking lot to direct runoff to sediment pond. o. The applicant shall be responsible for maintenance of the storm drainage improvements (ponds and ditches). Failure to properly maintain the storm drainage improvement shall give the City the right to hire out the work and bill the applicant and/or revoke the interim use permit.” p. No additional development outside the current proposal. q. The applicant shall have a fertilizer and pesticide management plan, approved by the City staff and reviewed by Fish and Wildlife and DNR to ensure minimal chemical impacts to the surrounding property (including no spraying for mosquitoes). In addition, the applicant shall provide annual soil samples before chemical are applied to demonstrate there is a need. r. The conditional use permit shall be reviewed annually on the following basis: impacts to the wildlife, the water quality, restoration after flooding and implementing a fertilizer/pesticide plan as approved by the City staff. s. The eastern wall of the proposed building lies over the well. Verify the location of the well. Per Minnesota State Statute 4725.2185, walls must be minimum three feet horizontally from the farthest exterior projection of a building, including walls, roofs, decks and overhangs. Refer to Minnesota State Statute 4725.2175 for requirements to house a well within a structure. t. Note the top of curb elevation of the parking area north of the proposed building. Verify that the proposed grade in this area will not exceed 3H:1V. u. Show the proposed pedestrian access to the new building. v. Note what the existing structure is west of the building and include a note whether this structure is to remain or will be removed. w. Note the FFE of the existing building. 5 x. Delete or update the note on the plans that state the FFE of the 1st and 2nd office buildings. y. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. z. The on-site sewage treatment system must be of complying design and of sufficient capability for the existing and proposed facility. An assessment of the existing individual sewage treatment system must be provided, in the permit application documents, verifying that the existing system is of sufficient capacity for the additional usage or a design increasing the system capacity must be provided. Such assessment and/or design to be by a licensed ISTS designer. aa. The applicant shall install a rain garden within the proposed swale on the north and west sides of the proposed addition. Plantings to be incorporated include trees, shrubs and perennials. A revised landscape plan shall be submitted to the city for approval. Note the proposed spot elevations along the rock swale. bb. The floor plan must be revised to show ten 5’ x 8’ windows, two 5’ x 5’ windows and three 4’ x 4’ windows on the northern façade and the exterior elevations must be revise to show four 5’ x 5’ windows on the western façade. cc. Any rooftop mechanical equipment must be screened from public view. dd. A trash enclosure must be shown on the site plan. ee. One additional parking stall is required. The City Council approved Wetland Alteration Permit #98-1 per the site plan subject to the following conditions: a. The applicant shall provide a buffer zone between wetlands the limits of the pitch and putt golf course. b. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan requirements. c. The applicant shall receive permits from the jurisdiction agencies such as the Army Corps of Engineers and the DNR. d. The applicant shall develop a sediment and erosion control plan in accordance with the City’s Best Management Practice Handbook. Type III erosion control fencing will be required around the existing wetlands. e. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will provide wetland buffer edge signs and charge the applicant $20 per 6 sign. The applicant shall verify the location of these signs with the City’s Water Resources Coordinator and shall install these signs before the Certificate of Occupancy is issued. f. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before accepting the utilities and will charge the applicant $20 per sign. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. CITY OF CHANHASSEN BY: (SEAL) Tom Furlong, Mayor AND: Todd Gerhardt, City Manager DEVELOPER: Rain, Snow or Shine Golf, LLC BY: Jeff Helstrom Its: STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 20 , by Tom Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. __________________________________ NOTARY PUBLIC 7 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of _____________, 20__ by ____________________________________. __________________________________ NOTARY PUBLIC DRAFTED BY: Campbell Knutson Professional Associates 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 (651) 452-5000 8 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this ____ day of _____________, 20__ By Its STATE OF MINNESOTA ) ( ss COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20__, by _________________________________. _________________________________ NOTARY PUBLIC DRAFTED BY: Campbell Knutson Professional Associates 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 (651) 452-5000 9 CITY OF CHANHASSEN SITE PLAN PERMIT EXHIBIT "B" GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the site plan has been recorded with the County Recorder's Office of the County where the project is located, and 4) the City Planner has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the site to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan C, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including materials that have blown, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post maintenance bonds (Miller Davis Company Form No. 1636 or equal) or other security acceptable to the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9 . Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or 11 phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 7:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 12 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. 13 EXHIBIT A The East half of the Southeast Quarter (E ½ of SE ¼) of Section 35, Township 116 North of Range 23 West, excepting therefrom one half (½) acre in the Northeast Corner, being all that part lying North of the Chaska and Shakopee Road, also the North 26 acres of the Northwest Quarter of the Southeast Quarter (N 26 A of NW ¼ of SE ¼) of Section 35, Township 116, Range 23, containing in all 105.50 acres; also excepting therefrom the following described parcel of land, to-wit: Commencing at a point in center line East and West of Section 35, Township 116 North, Range 23 West which point bears West 30 rods from the Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 35, thence West 50 rods to the Quarter post, thence South on the Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said road to place of beginning situated in the Northwest Quarter of the Southeast Quarter of Section 35, Township 116, Range 23 and containing 6 acres of land less the amount sold to the State of Minnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 23, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o’clock A.M. and recorded therein in Book 33 of Deeds on page 5; also: Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 28, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o’clock A.M. and recorded therein in Book 33 of Deeds on page 6. ]:t:LIEi!iii-I8tt ? ,gI :1, 8F 'xlalq6l6tt--IIIIIli EFulIE*--{!t. I 2i !iiliiri'if,F't, \ - - --- tH Zl*_ - ,^ , , i aI rJ x /Iit6 IF iI ,,1,:/ it li-l ti iit!!!ur€tHBal:rr!lil ! !' ..--'--^ )/ 't(0 fii ilr!i b5 l; l'!ll fi' l' I i:1f,;i:; l!'?E iEiI'ia;; ilii ,tE t ffiiiiij,$ir$' '!V n I a { l -J'td;1 Ix 3 !* a Ei6 ; ,a^ 3+Ari- I,J I>22 zEa i9R =.D z 3 o \ It t, 7/1/2021 Total Distance - TrackMan Golf https://blog.trackmangolf.com/total-distance/1/5 T O T A L D I S T A N C E T R A C K M A N |  0 | B Y T R A C K M A N Total is the distance to the nal resting spot of the golf ball Total is carry plus or minus any bounce and roll. Total is a calculated value based on the landing angle, landing ball speed, and spin rate. A at surface (ground) and “normal” hardness is assumed to calculate total distance.     Technical Denition:  7/1/2021 Total Distance - TrackMan Golf https://blog.trackmangolf.com/total-distance/2/5 Tour Averages PGA TOUR (Driver) 287 yards total LPGA TOUR (Driver) 237 yards total TrackMan Combine Averages (average total) Male Amateur (Driver) Scratch of Better = 259 yards 5 HCP = 242 yards 10 HCP = 224 yards Average Golfer (14.5) = 212 yards Bogey Golfer = 205 yards Female Amateur (Driver) Scratch or Better = 214 yards 5 HCP = 193 yards 10 HCP = 180 yards Total – The straight-line distance to the golf ball’s calculated resting point which corresponds to CARRY as defined plus the calculated bounce and roll of the golf ball. Remark: TrackMan calculates bounce and roll based on a proprietary model that assumes a flat surface with certain hardness. Landing spin rate, landing angle, and landing ball speed are all factors in determining the estimated bounce and roll of a specific shot.     7/1/2021 Total Distance - TrackMan Golf https://blog.trackmangolf.com/total-distance/3/5 15 HCP = 169 yards Mark Anderson Philadelphia Cricket Club, PA, US “I use total mainly when I am trying to optimize driver distance. It is important to look at all of Ryan Johnson Carl’s Goland, MI, US “Total yardage takes into account the carry distance plus bounce and roll. I use this mainly for the driver or shots hit to the fairway. Dom DiJulia Dom DiJulia School of Golf, PA, US “I use total when coaching average players in order to emphasize the dierence between carry and total.     The standard assumption for total comes from the TrackMan Optimizer. For the driver, a club speed of 94 mph, attack angle of 0 degrees, and optimized carry results in a total of 244 yards. In general, total is ignored for iron shots. Carry is the most important distance measurement for non-driver shots.     Read what our TrackMan University Masters say about Total… 7/1/2021 Total Distance - TrackMan Golf https://blog.trackmangolf.com/total-distance/4/5 the factors that go into total distance when looking to improve this number: club speed, attack angle, launch angle, spin rate, landing angle, and contact point on the club face.” Total is a good number to show how far the golfer is hitting their driver and making sure that their launch conditions are optimized in order to generate maximize carry as well as maximum bounce and roll. ” Very commonly, the yardage average players think of as their carry number for a given club is actually very close to their total number. Average players need to understand that roll varies greatly and that hitting greens requires they understand the dierences between carry and total.” TOTAL DISTANCE BALL FLIGHT DATA R E L AT E D P O S T S Leave a Reply L E A R N H O W C A R R Y I S M E A S U R E D B A L L S P E E D – T R A C K M A N U N I V E R S I T Y S I D E T O T A L S P I N A X I S 7/1/2021 Total Distance - TrackMan Golf https://blog.trackmangolf.com/total-distance/5/5 Enter your comment here...Enter your comment here... Search... Categories Coach Of The Month Gear Tour Pro Tour Stats TrackMan Insights Drills 360 Recent Comments Jack Mills on 6 TrackMan numbers all amateur golfers should know Jon Doyle on Performance Putting – The Evaluator Jae Kim on TrackMan Indoor Golf Simulator Christian Hahn on Tracking Club and Ball Paul on Swing faster and stop coming over the top Stay updated Stay up to date and receive free notifications of new posts by email. Email Address Subscribe - It's Free! 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Brian and Keri Colvin for an amendment to Interim Use Permit #2021-02 to remove the requirement of the installation of netting at the south end of the driving range. On June 15, 2021, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Brian and Keri Colvin for an amendment to the interim use permit to remove the requirement of the installation of netting at the south end of the driving range for the property located at 825 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed conditional use as was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and voted 4-2 to recommend the City Council deny the requested amendment. On July 12, 2021, the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Brian and Keri Colvin for an amendment to the interim use permit to remove the requirement of the installation of netting at the south end of the driving range for the property located at 825 Flying Cloud Drive. The City Council reviewed all relevant materials and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A-2. 2. The property is guided by the Land Use Plan for Agriculture and Office uses. 3. The legal description of the property is: 4. Section 20-232: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. A golf driving range operated in this location for many years without incident. No portion of the applicant’s proposed use of the site differs significantly from the previous use, and no detrimental impacts are anticipated. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. The City’s Comprehensive Plan calls for the portion of this site outside of the floodplain to be rezoned for office use; however, the Comprehensive Plan allows for a parcel zoned at a less-intensive land use designation to retain its existing zoning until municipal services are 2 available. Additionally, the City Code permits interim uses as a mechanism for allowing “a use that is presently acceptable but that with anticipated development will not be acceptable in the future.” Since the proposed use of the site is a temporary use of the site until sewer and water becomes available, it is consistent with the Comprehensive Plan and Chapter 20 of the City Code. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The previous golf driving range operated in this area for many years without incident. The applicant is proposing to utilize the existing facilities and their proposed use of the site does not differ significantly from the previous use. The existing facilities are in keeping with the existing character of the area, and resuming operations will not impact the area’s essential character. It is anticipated that once sewer and water becomes available, the site will redevelop in a manner compatible with the area’s intended character. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Resuming operation of a golf driving range at this location will not be hazards to or disturb the surrounding uses (a nursery/landscaping business and motel to the north and floodplain and open spaces to the west, south, and east) as there were no issues with the previous golf driving range. It is anticipated that once sewer and water become available, this site and the properties to the north will redevelop. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The pre-existing golf driving range was adequately served by the aforementioned public facilities and services and its private well and septic system. As the applicant’s proposed use is substantially similar to the previous use, no inadequacies are anticipated. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The previous golf driving range did not created excessive requirements for public facilities and services, and was not detrimental to the economic welfare of the community. The applicant’s operation is not expected to create a strain on public resources and is good for the economic welfare of the community. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the community’s economic welfare. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. 3 The conditions placed upon the permit ensure that the use of the property as a golf driving range will not impact adjoining properties or environmental resources in the manner described above. The previous golf driving range operated under broadly similar conditions for many years without incident, and resuming using the site as a golf driving range is not expected to negatively impact surrounding properties or environmental features. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The right-in right-out access to Flying Cloud Drive provides a vehicular approach which is not anticipated to create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Amending the condition requiring netting to a requirement that the wetland be delimited and fencing installed along the border of the buffer will adequately mitigate the potential environmental impact of the driving range by preventing the operation of equipment within the wetland and its buffer. j. Will be aesthetically compatible with the area. The site and facilities are pre-existing and no significant alterations are proposed. Resuming the use of the site as a golf driving range will not alter or degrade the aesthetics of the area. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the area’s aesthetics. k. Will not depreciate surrounding property values. The applicant has expressed their intention to maintain the site and facilities to a high standard. It is expected that an operational and well maintained business will do more to maintain the surrounding property values than a vacant building would have. Since the proposed use is temporary, granting the permit will not preclude future development to the detriment of the area’s property values. l. Will meet standards prescribed for certain uses as provided in this article. The applicant’s proposal meets the requirements of Sec. 20-259. – Golf Driving Ranges. 5. The Planning Commission shall recommend an interim use permit and the City Council shall issue interim permits only if it finds, based on the proposed location, that: a. The use meets the standards of a conditional use permit set forth in section 20-232 of the City Code. 4 The proposed golf driving range meets the standards for the issuance of a conditional use permit. b. The use conforms to the zoning regulations. The existing facilities and proposed use conform to the requirements of the City’s zoning code. c. The use is allowed as an interim use in the zoning district. Golf driving ranges are a permitted interim use within the A2 zoning district. d. The date or event that will terminate the use can be identified with certainty. The extension of the City sewer and water to the area is a clearly identifiable event that will trigger the termination of the IUP. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The applicant is proposing to utilize existing facilities and no new structures or modifications are proposed for the site that would impose additional costs on the public, were it to become necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Failure to agree to or violation of any of the conditions of approval will result in the revocation of the IUP. 6. The planning report #2021-02 dated June 15, 2021, prepared by Robert Generous, et al, is incorporated herein. DECISION The Chanhassen City Council amends Condition 9 of Interim Use Permit #2021-02 to read “The applicant shall conduct a wetland delineation and install fencing along the wetland buffer south of driving range” ADOPTED by the Chanhassen City Council this 12th day of July, 2021. CHANHASSEN CITY COUNCIL BY: Elise Ryan, Mayor g:\plan\2021 planning cases\21-02 825 flying cloud dr - golf zone\june 15 ph - amendment to iup for nets\findings of fact_alt.docx CITY COUNCIL STAFF REPORT Monday, July 12, 2021 Subject 2021 Building Permit Activity June Year To Date Section CORRESPONDENCE DISCUSSION Item No: K.1. Prepared By Bob Generous, Senior Planner File No:  ATTACHMENTS: 2021 Building Permit Activity June YTD